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Section 75: here's what you need to know

Your credit card purchases might be covered if something goes wrong. Here we explain why, how it works and what you need to know.

What is Section 75?

It's never nice when something goes wrong with a credit card purchase. Thankfully, certain credit card purchases are likely to be legally protected under Section 75 of The Consumer Credit Act 1974.

What does this mean? It means the Halifax could be jointly responsible with the retailer or supplier if something goes wrong.

When do I have Section 75 rights?

Most single item credit card purchases over £100 and up to £30,000 are covered by Section 75 if:

  • There's been a breach or misrepresentation of your contract.
  • The company you've bought from goes into administration before you've received your item.

An example of using Section 75 rights

  1. You paid £750 for a new laptop with your credit card, but the laptop never arrived as the retailer went bust.
  2. You might have Section 75 rights for the total cost.
  3. You might have Section 75 rights even if you only used your credit card for a deposit.

When do I not have Section 75 rights?

You don't have Section 75 rights if:

  • You change your mind about a purchase.
  • Goods or services were bought with a money transfer or cash withdrawn from your credit card.
  • Each single item bought cost less than £100.

Transactions that don't have Section 75 rights:

  • Using your available credit to obtain cash (e.g. at an ATM or at an over-the-counter service). 
  • Gambling transactions, using your card to make transactions at casinos, betting outlets and bookmakers, and buying online lottery tickets or gaming chips, share trading or spread betting.
  • Buying foreign currency.
  • Sending money orders or wire transfers (other than balance transfers or money transfers).
  • Buying coins, banknotes or digital currency.
  • Paying government or court fines, enforcement penalties, fees or costs.
  • Online trading such as share dealing or investments.
  • Purchasing or topping up electronic money, payment cards, mobile wallets or account dashboard services.

Please remember to always check whether your third-party provider has buyer protection.

An example of when you do not have Section 75 rights

  1. You bought two items online where one was worth £50 and another was worth £75.
  2. You wouldn't have Section 75 rights if something went wrong.
  3. Each individual item would need to cost over £100.

When can I claim under Section 75?

What you'll need to make a claim

If you think you have a reason to claim under Section 75, you will need to show that the company hasn't complied with their legal obligations or that they've misled you.

To prepare for all potential claims, we'll need the following documentation:

  • A covering letter detailing the exact nature of your claim and what you've done so far to resolve it directly with the company.
  • A copy of your invoice, contract and terms and conditions.
  • A copy of all additional payments made to the company that aren't on your credit card.

We recommend that you only send in photocopies of receipts and invoices.

We may also need additional supporting evidence, depending on the circumstances of your claim. This could include things like evidence that the company is no longer trading, copies of warranties, photographic evidence or independent expert reports, for example.

I want to make a Section 75 claim

If you want to raise a Section 75 claim, you’ll need to call us.


A summary on Section 75

 

  • Always try to resolve the issue with your retailer or supplier in the first instance.
  • The item or service you buy must be over £100 or under £30,000 to make a claim.
  • In most cases, if you pay for goods or services where you used your credit card to fund an account with a third-party provider, Section 75 doesn't apply.
  • A Section 75 claim can be for the total cost of your item even if you use your credit card for part payment where the cost is £100 or less.

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