Retailer Refusing Refund Section 75 Claim Letter
Retailer won't refund a faulty product, a service that wasn't as described, or an order they got wrong? Under Section 75 of the Consumer Credit Act 1974, your credit card provider is jointly liable. You can claim directly from them — you don't have to deadlock with the retailer first.
Send a Section 75 claim letter from £2.79What You Need to Know
- ✓Section 75 lets you go directly to your credit card provider even when the retailer is still trading and engaging with you.
- ✓You don't have to exhaust the retailer first. You can pursue both in parallel — but you can only recover the loss once.
- ✓Card-provider deflections to ignore: 'we need the retailer's response first', 'you need to use the goods first', 'claim from the manufacturer instead'. None of these is a legal requirement.
- ✓Single item £100 to £30,000, paid (even partly) on a UK credit card, breach of Consumer Rights Act 2015 standards (satisfactory quality, fit for purpose, as described, reasonable care and skill).
About the Claim
Section 75 of the Consumer Credit Act 1974 doesn't only apply when a retailer has gone bust. It applies whenever there is a breach of contract or misrepresentation by the retailer — and the credit card provider is jointly and severally liable. That means if the retailer is alive and trading but refusing to refund, repair, or replace what they should under the Consumer Rights Act 2015, you can claim from the card provider directly.
You do NOT have to deadlock with the retailer before going to the card provider. The two routes run in parallel. You can pursue both at once, though you can only recover the loss once. The 'you need to claim from the retailer first' line that card providers often use is not a legal requirement. The Financial Ombudsman Service has consistently upheld claims where consumers approached their card provider in parallel with (or instead of) the retailer.
Both card providers and retailers have a familiar playbook of deflections. The retailer says: 'claim from the manufacturer', 'we only refund in store', 'we don't refund sale items'. None is legally correct: under the Consumer Rights Act 2015 your contract is with the retailer. The card provider says: 'we need the retailer's response first', 'you've already used the goods', 'the manufacturer's warranty covers it'. None of those matches the statutory framework either. A formal Section 75 letter cites the actual legal position and forces engagement.
Legal basis
- ·Consumer Credit Act 1974, s.75 (joint and several liability of credit card provider)
- ·Consumer Rights Act 2015 (satisfactory quality, fit for purpose, as described, reasonable care and skill)
- ·Consumer Rights Act 2015, s.20 (short-term right to reject — 30 days)
- ·Consumer Rights Act 2015, s.24 (final right to reject after one failed repair or replacement)
- ·Limitation Act 1980, s.5 (6-year limitation period for simple contract claims; 5 years in Scotland from awareness)
- ·FCA Handbook DISP rules (Financial Ombudsman Service jurisdiction and procedures)
Which scenario applies to you?
Faulty product, retailer denying responsibility
The goods don't meet the Consumer Rights Act 2015 standards (satisfactory quality, fit for purpose, as described) but the retailer is refusing to accept it. They might claim there is no fault, the fault is your usage, or it is a manufacturer issue. Section 75 lets you bypass the deadlock and claim directly from your card provider.
Service not provided to acceptable standard
You paid for a service — installation, repair, delivery, holiday, course, subscription — that wasn't provided with 'reasonable care and skill' or within a reasonable time, as the Consumer Rights Act 2015 requires. The retailer is refusing to refund or re-perform. Section 75 covers services as well as goods.
Retailer offering credit note or voucher instead of refund
You are entitled to your money back (under the 30-day short-term right to reject, or the final right to reject after a failed repair attempt). The retailer is offering a credit note, voucher, or partial refund. You can refuse, demand the cash refund, and claim it from the card provider under Section 75.
What the Letter Accomplishes
PostRight generates a formal Section 75 claim letter that sets out your legal basis, cites the relevant legislation, and creates a dated physical record sent by Royal Mail Tracked 24.
- 1Sets out the purchase (date, amount, goods or services, retailer) and the breach (faulty, not as described, service not performed to standard) with what the retailer has refused
- 2Cites the relevant Consumer Rights Act 2015 standard breached (satisfactory quality, fit for purpose, as described, reasonable care and skill)
- 3Cites section 75 of the Consumer Credit Act 1974 and the joint and several liability of the card provider
- 4Reserves your right to escalate to the Financial Ombudsman Service if the card provider declines or delays
Your Rights
Section 75 joint and several liability
The credit card provider is just as responsible as the retailer for any breach of contract or misrepresentation. You can pursue the card provider directly, without first having to deadlock with the retailer. This isn't chargeback — it's a statutory right you can enforce.
Consumer Rights Act 2015 standards
Goods must be of satisfactory quality, fit for purpose, and as described. Services must be performed with reasonable care and skill, within a reasonable time, for a reasonable price. Digital content must conform to the description. If any standard is not met, that is a breach of contract — and Section 75 makes the card provider liable for it.
The 30-day short-term right to reject
Under section 20 of the Consumer Rights Act 2015, you have an automatic 30-day right to reject faulty goods and get a full refund. After 30 days, the retailer gets one attempt to repair or replace; if that fails, you have the final right to reject under section 24. These rights apply against the retailer directly — and Section 75 carries them through to the card provider.
Card-provider deflections you can ignore
'You need to claim from the retailer first': not legally required. 'You need to use the goods': not legally required. 'Claim from the manufacturer's warranty': the manufacturer's warranty is in addition to your statutory rights, not a substitute. 'We need the retailer's response': fine for them to ask, but not a precondition. None of these defeats a properly framed Section 75 claim.
The 6-year time limit
You have 6 years from the breach of contract under section 5 of the Limitation Act 1980 (in Scotland: 5 years from when you became aware of the issue). The clock runs from when the breach happened, not from when you noticed. Plenty of consumers do not realise they are still in time for older purchases.
Common Scenarios
1Faulty product, retailer denying the fault
The product is broken, does not work as advertised, or developed an issue within the expected lifespan. The retailer is insisting there is no fault or is blaming you. Photographs, videos, independent reports, and the receipt are your evidence.
2Goods not as described (used not new, wrong specification, different model)
The goods arrived differently from what was advertised. Section 75 covers any breach of contract, and 'not as described' is one of the statutory standards under the Consumer Rights Act 2015.
3Service not provided to acceptable standard
Installation done badly, repair didn't fix the issue, holiday materially different from what was sold, subscription not delivered. Section 75 covers services. The standard is 'reasonable care and skill'.
4Retailer claiming it's the manufacturer's problem
The retailer is sending you to the manufacturer's warranty. Under the Consumer Rights Act 2015, your contract is with the retailer. The manufacturer's warranty is in addition to your rights, not a substitute. The retailer must put things right.
5Retailer offering credit note when you are entitled to cash
Under the 30-day short-term right to reject or the final right to reject after a failed repair, you can demand cash, not store credit. A 'no cash refunds' notice or store policy doesn't override your statutory rights.
Send your Section 75 claim letter via Royal Mail
PostRight generates a legally accurate Section 75 claim letter tailored to your situation. Answer a few guided questions, review your letter, and PostRight prints and posts it via Royal Mail Tracked 24 within one business day. A posted letter creates a dated physical record that is far harder to ignore than an email or an online form.
- ✓Cites Section 75 of the Consumer Credit Act 1974
- ✓Sets a clear deadline for the card provider to respond
- ✓States the escalation path to the Financial Ombudsman Service if ignored
- ✓Printed on quality paper and posted by Royal Mail Tracked 24
- ✓From £2.79 -- no subscription required
Frequently Asked Questions
Do I have to claim from the retailer first before going to the card provider?
No. Section 75 makes the credit card provider jointly and severally liable with the retailer — you can claim from either or both in parallel. You can only recover the loss once, but you don't have to exhaust the retailer first. The 'try the retailer first' line that card providers often use is a deflection, not a legal requirement. The Financial Ombudsman Service has consistently upheld claims pursued in parallel.
The retailer says it's the manufacturer's responsibility. Is that right?
No. Under the Consumer Rights Act 2015, your contract is with the retailer who sold you the product. The manufacturer's warranty (if there is one) is in addition to your statutory rights, not a substitute. The retailer cannot offload responsibility by pointing at the manufacturer. Cite the Consumer Rights Act 2015 directly when responding.
The card provider says I need to use the goods first. Is that right?
No. There is no legal requirement to 'use' goods before claiming. If they are faulty, not as described, or not fit for purpose, the breach exists from the moment of supply. Sometimes 'use' is shorthand for the 30-day inspection period, but that just defines your strongest remedy (the short-term right to reject under section 20 Consumer Rights Act 2015) — it doesn't bar a claim after 30 days. The 6-year limitation period applies.
The retailer offered a voucher or credit note. Can I refuse and demand cash?
Yes, if you are entitled to a refund. Under the 30-day short-term right to reject (section 20 Consumer Rights Act 2015), or the final right to reject after a failed repair attempt (section 24), you can demand cash back, not store credit. A 'no cash refunds' notice or store policy doesn't override your statutory rights. Section 75 claims should be paid in cash too — not as credit on your card.
Does Section 75 apply across the UK?
Yes. Section 75 of the Consumer Credit Act 1974 applies UK-wide. Scotland, Wales, and Northern Ireland share the same Section 75 framework. The Consumer Rights Act 2015 also applies UK-wide. The minor jurisdictional difference is the limitation period for contract claims: 6 years in England, Wales, and Northern Ireland; 5 years in Scotland from when you became aware of the issue.
Free Advice Resources
If you need free, independent advice about your Section 75 claim, the following organisations can help.
Citizens Advice
Free, independent advice on consumer rights, credit card claims, and Section 75.
Visit website →Financial Ombudsman Service
Free dispute resolution service for complaints against credit card providers. Can order refunds under Section 75.
Visit website →MoneySavingExpert: Section 75
Comprehensive guide to Section 75 claims, including template letters and step-by-step advice.
Visit website →GOV.UK: Consumer Credit Act
Official government guidance on the Consumer Credit Act 1974 and your rights as a consumer.
Visit website →Related Section 75 Letters
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Send a Section 75 claim letter from £2.79From £2.79 · Printed & posted by Royal Mail Tracked 24 · Dispatched within one business day