If you have made a purchase online using your credit card and something has gone wrong with the purchase, which means that you are out of pocket, you may be able to get your money back from the credit card company. The rule applies equally to goods and services but cannot be used for purchases for which credit card cheques or cash withdrawals were used. In addition, you must be the ‘principal cardholder’ so secondary cardholders cannot claim under this legislation.
Using Legislation To Get Your Money Back
Section 75 of the Consumer Credit Act provides protection for consumers that have incurred debt as a result of a purchase that has caused the purchaser to suffer loss. In these circumstances the Act states that the seller and the credit company are jointly liable in the event that the consumer has lost out in relation to a purchase.
Requirements Of The Purchase
The purchase must be made directly between you and the trader, so there must not be an intermediary or agent involved. This includes Paypal, Worldpay and Google Checkout, which have their own schemes to enable consumers to make claims for their money to be paid back.
Partial Credit Card Payments
Your purchase does not have to be wholly paid on your credit card. Conversely, even if you only pay a deposit for an item on your credit card, and pay the balance using another method you will still be covered by section 75.
Uses Of Section 75
So what would enable a purchaser to invoke section 75? There are numerous situations, e.g. a trader goes into liquidation before you receive your goods or service, or goes into liquidation while you are awaiting payment of a refund. If you have experienced problems with a purchase from a trader who has not gone bust it is a matter for you whether you decide to pursue a section 75 claim. Bear in mind however that it is generally much easier to deal with the trader.
Obtaining Your Refund
To get your refund, you should contact your credit card company and tell them that you are making a claim under section 75 of the Consumer Credit Act. Some may not know (or pretend not to know!) what you are talking about so you should be persistent and not let them tell you that you should take your issue up with the seller. It is up to the credit card company to decide whether or not to make a claim against the seller, and this is not dependent on your claim. Ask your credit card company to send you the appropriate form. If you do not manage to get a refund from the credit card company, you can complain to the Financial Ombudsman.
If your purchase was made with a Visa debit card you can use invoke something called ‘Chargeback’. To make a claim, contact your bank within 120 days of the purchase and explain the problem. Be aware, however, that this procedure is an internal policy particular to Visa, rather than something that is codified by law (and may therefore be subject to change.)
I bought a product advertised on Facebook using PayPal credit. When the item arrived it did not match the specifications in the ad. I opened a dispute through PayPal which subsequently advised me to post the item back and furnish proof of postage, which I have done. Now PayPal have closed the dispute and told me I am not entitled to a refund. What action can I take?
bayt - 1-Oct-20 @ 9:53 AM
Hi l bought a shipping container from NCM Auctioneers andl could nit pick it up before there deadline as Covid-19 no Haulage company wanted to go from Manchester to London to collect it as they were full booked for the next 3 weeks untill tuesday 16th of June. When my driver went to pick it up it was sold on or disposed of. Can l get my money back?
Mal - 17-Jun-20 @ 12:16 PM
Hi booked package holidaywith holidaygems due to fly out 20th October2018 but my brother is in criticalcare for theforsceenfutureI have letter from hospitalmy brother paid it on his creditcare but unable to get our money back
Pritchard - 17-Oct-18 @ 10:28 PM
Hi booked package holidaywith holidaygems due to fly out 20th October2018 but my brother is in criticalcare for theforsceenfutureI have letter from hospitalmy brother paid it on his creditcare but unable to get our money backcan you adviseplease
Pritchard - 17-Oct-18 @ 10:26 PM
I bought a wedding dress online a few months ago from a website based in usa ith a credit card, I recieved it with marks on it and I am not happy with the quality of the fabric and the way it is made, I have been trying to get a full refund but they are not willing to give me one, they were offering me $10 dollars for me to clean it, then $60 for cleaning and to get it altered and now they are saying I can send it back to them and they will keep 30% of the refund and charge me how much it cost to send the product to me and I will have to pay to send it to me. I keep asking for a full refund but they are not budging and making out its my fault, please can you help me get my money back? hat should I do.
fedupbridetobe - 8-Jan-12 @ 7:49 PM
I purchased single subscription on skype , with a halifax visa card ,but they have auto recharged it for 6 suscriptions which i did not authorise,anddid not use can i claim a refund from my credit card company.
goodlad - 31-Oct-11 @ 7:15 PM
I bought something a tshirt on line from a UK-based company. As I never got the t-shirt, I asked for a refund. Needless to say I was not refunded (althought they keep saying they have but they never do). What can I do (I live in Spain)?
Charlied - 1-Aug-11 @ 11:12 PM
I have recently ordered for two pairs of headphones by mistake for $260, only to be surprised by my dad getting me a pair. I have contacted the company asking for a full refund on the two products that haven't even been sent out yet. They reply that they can only refund me $106 because of the deduction of the intermediary credit card company. Is this right? Am I being scammed. HELP!