Credit Cards

Section 75 vs Chargeback — Which Protects Your Purchase?

The difference between Section 75 and chargeback for getting your money back — when to use each, time limits, and how to make a claim.

When a purchase goes wrong, you may be able to get your money back through Section 75 or chargeback. They work differently and have different rules. Here’s when to use each.

Section 75 vs Chargeback at a Glance

Feature Section 75 Chargeback
Legal basis Consumer Credit Act 1974 (legal right) Card network rules (Visa, Mastercard — voluntary scheme)
Card type Credit card only Credit card, debit card, prepaid card
Minimum purchase £100.01 No minimum
Maximum purchase £30,000 No maximum
Liability Card provider is jointly liable with the seller Card provider requests money back from seller’s bank
Time limit 6 years (Limitation Act) Typically 120 days
Strength Very strong — legal obligation Moderate — not guaranteed
Partial payment on credit card Yes — covers full purchase even if only part was on credit card Only covers the amount paid on the card used

When to Use Section 75

Situation Use Section 75?
Company went bust before delivering goods/services Yes
Goods arrived faulty or not as described Yes (if over £100)
Seller refuses a refund you’re entitled to Yes
Holiday company cancelled your trip Yes
Car bought on credit card is defective Yes
Booking cancelled but no refund given Yes
Item was counterfeit Yes
Paid deposit on credit card, rest by bank transfer Yes — covers the full amount
Purchase was under £100.01 No — use chargeback instead
Paid by debit card No — Section 75 is credit card only

When to Use Chargeback

Situation Use chargeback?
Paid by debit card Yes — only option
Purchase was under £100 Yes — Section 75 doesn’t apply
Goods never arrived Yes
Charged twice or wrong amount Yes
Subscription you cancelled still being charged Yes
Fraudulent transaction on your card Yes
Seller won’t engage or respond Yes
Paid over £30,000 (outside Section 75 range) Yes
Need a quick resolution Yes — often faster than Section 75

When Both Apply — Which to Use First?

Scenario Recommendation
Goods over £100, paid on credit card, seller still trading Try seller first → chargeback → Section 75
Goods over £100, company went bust Section 75 — stronger protection
Goods under £100, paid on credit card Chargeback — Section 75 doesn’t apply
Paid on debit card Chargeback — only option
Time-sensitive (approaching 120-day chargeback limit) Chargeback first — Section 75 has a longer time limit
Want to keep Section 75 as backup Start with chargeback, escalate to Section 75 if needed

How to Make a Section 75 Claim

Step Action
1 Try to resolve with the seller first — put your complaint in writing
2 If unresolved, contact your credit card provider
3 Explain the problem — breach of contract or misrepresentation
4 Provide evidence — order confirmation, correspondence with seller, photos of faulty goods
5 State that you are making a claim under Section 75 of the Consumer Credit Act 1974
6 The card provider investigates and should respond within 8 weeks
7 If they refuse or you’re unhappy, escalate to the Financial Ombudsman Service

What You Need

Evidence Purpose
Proof of credit card payment Statement showing the transaction
Proof of what was purchased Order confirmation, receipt, contract
Evidence of the problem Photos, correspondence, delivery records
Your correspondence with the seller Shows you tried to resolve it first
Amount claimed The total amount you’re seeking (can be more than what was paid on the credit card)

How to Make a Chargeback Claim

Step Action
1 Try to resolve with the seller first
2 If unresolved, contact your card provider (bank)
3 Explain the problem — goods not received, faulty, wrong amount, etc.
4 Provide evidence
5 Bank initiates chargeback with the seller’s bank
6 Seller can dispute (“representment”) — providing their evidence
7 If seller disputes successfully, you can ask for a second chargeback
8 Final arbitration by the card network if still disputed

Chargeback Time Limits

Card network Standard time limit From when?
Visa 120 days From the transaction date or when you became aware of the problem
Mastercard 120 days From the transaction date or expected delivery date
Amex 120 days Varies by reason code

Common Scenarios

Scenario 1: Flight Cancelled, Airline Refuses Refund

Payment method Action
Credit card (flight cost £200+) Section 75 — card provider is jointly liable
Debit card Chargeback — claim within 120 days
Paid via PayPal linked to credit card Chargeback via PayPal buyer protection first, then Section 75 (may be complex — the contract is with PayPal, not the airline)

Scenario 2: Company Goes Bust Before Delivering Goods

Payment method Action
Credit card (goods over £100) Section 75 — your strongest protection
Debit card Chargeback — within 120 days
Bank transfer Very limited options — may be unrecoverable

Scenario 3: Faulty Goods, Seller Refuses to Help

Purchase value Payment method Action
Over £100 Credit card Section 75 (or chargeback first if you prefer speed)
Under £100 Credit card Chargeback
Any amount Debit card Chargeback

Scenario 4: Holiday Booking Not as Described

Payment method Action
Credit card (over £100) Section 75 — misrepresentation claim
Debit card Chargeback — within 120 days of return
Part credit card, part bank transfer Section 75 covers the full amount

Section 75 Limitations

Limitation Detail
Only credit cards Not debit cards, prepaid cards, or charge cards
Purchase must be £100.01–£30,000 Below £100.01 or above £30,000, use chargeback
Direct relationship required You need a debtor-creditor-supplier arrangement (some third-party payments like PayPal may complicate this)
Linked credit agreements Applies to purchases made directly or under arrangements between the seller and card provider
Gift cards bought on credit card Generally not covered — the credit card purchase is for the gift card, not the end product

If Your Claim Is Rejected

Step Action
1 Ask for a written explanation of why it was rejected
2 Challenge the decision with additional evidence
3 Escalate to the Financial Ombudsman Service (FOS)
4 FOS is free to use and can override the card provider’s decision
5 Or take the matter to small claims court