How Section 75 could help for faulty January sales purchases

How Section 75 could help for faulty January sales purchases

author: Dan Griffiths

By Dan Griffiths

Whether you chose to splash the cash or not, there was no shortage of tempting reductions both online and in-store over the past month.

With some online sales kicking off as early as Christmas Day, there’s certainly been a lot of competition between stores for your custom.

But if you made a purchase on your credit card that turned out to be faulty or ordered something online that didn’t turn up, you might be wondering what your options of a refund are.

Getting a refund

Section 75 of the Consumer Credit Act is specifically aimed at helping you reclaim the money you spent on an item that either doesn’t work as expected or hasn’t arrived at all. Providing the value of what you bought is between £100 and £30,000 and was purchased using your credit card, you should be able to claim back the money for the goods.

Even if you only paid for part of the purchase on your credit card, so long as the total value of the product is between those values, you should be entitled to reclaim the money. For example, you may have put a £50 deposit on a piece of furniture with your credit card that cost you £500 in the sales. In this case, you would be entitled to a refund for the whole amount from your credit card provider if the furniture was damaged, or if it didn’t show up and the retailer becomes uncontactable.

It’s worth bearing in mind that you won’t be entitled to a refund from your credit card provider if you bought more than one item that, although collectively worth more than £100, were worth less than £100 individually. If bought as part of a deal, however, you may be eligible for a refund – for instance, if you bought two necklaces that were on sale for £100 each on a two-for-one deal.

How to claim

Section 75 holds both the retailer and creditor “jointly and severally liable to the debtor”, in that any “misrepresentation or breach of contract” holds both parties accountable. This simply means you should be able to claim from either – or both – parties if the product is faulty or the retailer breaches their contract.

Should you wish to make a claim, you may wish to get in touch with both the retailer and your credit card provider. This may speed up the process, especially if the retailer has gone out of business or has stopped responding to you. But, remember that you’ll only be able to reclaim the cash once.

Be careful when using third parties

In some cases, Section 75 may not be of much use to you, especially when you used a third party to purchase the goods. For example, if you didn’t buy directly from the seller, you may not be entitled to claim this way. And if you used a third party payment service such as PayPal, Section 75 may not apply. However, the payment service involved may have their own protection in place in case you run into any issues, so it’s worth checking this first.

You should be able to benefit from the protection of Section 75 on all UK credit cards, including the Ocean credit card.

Disclaimer: All information and links are correct at the time of publishing.

author: Dan Griffiths

By Dan Griffiths