Faulty goods on credit cards question?

Pay on a credit card.

Pay for goods worth over £100 even partially on a credit card and the credit card company is equally liable with the retailer; this gives you a second bite at the complaining cherry. This does not work with debit cards though (as this stems from Section 75 of the Consumer Credit Act 1974 and is about 'credit giving' cards).


This used to be valuable protection if you’re buying goods abroad as it’s much easier to take a claim against the credit card company than a foreign company. Unfortunately a recent court ruling (discuss it) means it no longer applies to goods bought abroad. This ruling is likely to be appealed on challenge by the OFT, and some cards are still honouring it in the meantime.

extra protection

Whenever you use your credit card to pay for something that costs more than £100 and up to £30,000, Section 75 of the Consumer Credit Act (CCA) makes the card issuer jointly liable with whoever you're paying if something goes wrong.

This can be useful if you've got a problem with an item you bought and you can't get the retailer to resolve it, or if you've paid in advance for a product or service you don't receive – because the company's gone bust, for example.

You can claim the full value of a purchase from your card company, not just the amount you paid on your credit card

Note that you can claim the full value of a purchase from your card company, not just the amount you paid on your credit card. This also means that if you paid less than £100 on your card for something worth more than £100, you can still claim the full amount.

Section 75 could mean the difference between you getting your money back and losing it all.

Example

Caroline Lock used her Alliance & Leicester (A&L) credit card to pay a £235 deposit for a sofa from World of Leather (WOL). A few days after she'd paid the deposit WOL went out of business.

A&L initially refunded her deposit while it contacted WOL. However, WOL claimed the money again and A&L charged it to Caroline's account. A&L then said there was nothing else it could do, despite it being jointly liable with WOL under Section 75.

Caroline contacted Which? Legal Service, who advised her that WOL was in breach of contract and her card issuer was jointly liable.

Caroline wrote to A&L again, this time stating that it was jointly liable for her loss. Two weeks later, A&L refunded the full deposit of £235. It didn't tell Caroline why it had suddenly decided to refund the money, though - the letter merely said: 'The transaction which you disputed has now been rectified'.

Your right

The cover provided by Section 75 is your legal right and not just another perk offered by your card company. But news of this valuable perk may come as a surprise to you. This is because card issuers choose not to tell customers about it.

Indeed, many issuers deliberately make it difficult for cardholders to use section 75. As a rule, the only place you'll find any mention of it is in the small print of card issuers' terms and conditions – and this is required by law anyway.

Purchases made overseas

Following a High Court ruling in November 2004, Section 75 cover does not generally apply to purchases made abroad.

Additional cardholders

There is disagreement about whether additional cardholders are covered by Section 75. In 2001 MBNA won a court case that found Section 75 doesn't apply to some purchases made by additional cardholders. In the judge's view, anything that an additional cardholder buys that's not for the main cardholder isn't covered by Section 75. We don't agree and neither does the OFT.

How to use Section 75

If you have a problem with something you've paid for with your credit card, call the retailer and your card company, and then follow this up in writing.

Make sure you keep copies of any correspondence, and remember you don't have to go to the retailer before you can claim against your card issuer. If your card issuer says that you have to contact the retailer first, tell your issuer that it's wrong.

If your card issuer won't accept your claim, don't give up. The letters we've received from our members show that, on occasions, card issuers are initially obstinate and refuse to accept their liability under Section 75. But perseverance may well pay off.

If you're getting nowhere and want advice, try your local citizens' advice bureau or trading standards office (contact details in the phone book). Alternatively, Which? members can receive unlimited legal advice by phone from Which? Legal Service for just £9.75 per quarter (£12.75 for non-members). Call free on 0800 252 100 for an information pack.

another way to get your money back

Although Section 75 applies only to purchases over £100, it's still worth contacting your card company if you experience problems with lower-value transactions, as there is another way to get your money back. Known as 'chargeback', this covers you for the same sort of problems as Section 75 does.