One is a legal right that makes your card issuer equally liable alongside the retailer. The other is a bank scheme rule, not a law. Knowing which applies to your purchase changes how strong your claim actually is.
Section 75: A Statutory Right, With Specific Conditions
Section 75 of the Consumer Credit Act 1974 makes your credit card issuer jointly and severally liable alongside the retailer for a breach of contract — including non-delivery, which falls under the retailer's failure to deliver as required by Sections 28/29 of the Consumer Rights Act 2015. If the retailer won't refund you, your card issuer is legally on the hook for the same amount, as if they were the retailer themselves.
Two conditions have to be met:
- The cash price of the specific item must be over £100 and not exceed £30,000.
- You paid using a UK-issued credit card, or a point-of-sale credit agreement (not a debit card).
This is a genuine statutory right, not a bank courtesy — the card issuer can't simply decline to get involved because it's easier for them not to.
Chargeback: A Different Mechanism, With Different Rules
Chargeback applies where Section 75 doesn't — debit card purchases, individual items under £100 even on a credit card, or a multi-item order where no single item crosses the £100 threshold. Unlike Section 75, chargeback isn't a law — it's an operational scheme rule set by the card networks themselves (Visa, Mastercard, American Express), and how strictly it's applied can vary by issuer and by network.
For non-delivery specifically, chargebacks are typically claimed under a "goods/services not received" reason code. Time limits generally run from the expected delivery date rather than the purchase date — commonly cited around 120 days from when delivery was expected, subject to an overall outer limit (often cited around 540 days from the original transaction). These figures can vary by card network and specific circumstances, so confirm the current limit with your card issuer rather than assuming a fixed number applies universally.
Which One to Use
- Check the price of the specific item (not the whole order) — if it's over £100 and you paid by credit card, Section 75 gives you the stronger, statutory claim.
- If you paid by debit card, or the item was under £100, chargeback is your route instead.
- Either way, contact your retailer first and give them a reasonable opportunity to resolve it — this strengthens your position with the bank regardless of which route you use.
- Keep your order confirmation, any delivery tracking showing non-arrival, and your communication with the retailer — both routes require this evidence.
- If your bank wrongly refuses a valid Section 75 claim, you can escalate to the Financial Ombudsman Service, since this is a statutory right they're required to honor, not a discretionary courtesy.
Related Kibbo Tools
Sources
- Legislation.gov.uk — Consumer Credit Act 1974, Section 75. legislation.gov.uk
- Financial Ombudsman Service — Problems with goods and services bought on credit (Section 75 & chargeback). financial-ombudsman.org.uk