đł What is Section 75?
If you bought something using a credit card or a loan arranged at the time of purchase (such as point-of-sale finance through EE Finance), you may be protected under Section 75 of the Consumer Credit Act.
This protection means you could claim a refund from the lender (EE Finance) if the retailer does not resolve an issue for you that was there at the point of sale.
For example, if your goods are faulty when received, not delivered, or not as described, then you can raise a claim against the retailer for a refund or replacement. If the retailer does not respond, or does not resolve the issue for you, then section 75 allows you to raise the same claim against your lender (EE Finance).Important: EE Finance and EE Limited are separate companies. If you have queries about outstanding deliveries or technical issues with your device, you should contact EE Limited directly, as EE Finance cannot assist with these matters.
â When Section 75 May Apply
Key Conditions:
- You paid using credit for a purchase between ÂŁ100 and ÂŁ30,000. Section 75 applies when the total cost of the goods or services is between ÂŁ100 and ÂŁ30,000, even if only part of it was paid using credit. Items that cost less than ÂŁ100 on their own can still be covered if they are part of a larger purchase where the overall basket value is between ÂŁ100 and ÂŁ30,000 and is financed through the same credit agreement.
For example, if you buy several items together on one point of sale loan and the total comes to ÂŁ500, each item â including those priced under ÂŁ100 â can fall within Section 75 protection.
- Thereâs a direct link between you, EE Finance, and EE Limited
For Section 75 protection to apply, the lender, the retailer, and you must be directly connected â such as when you pay EE Limited using an EE Finance loan at checkout. If you buy through a third-party platform or marketplace, this link might be broken, and Section 75 may not apply. - The issue relates to what you were sold
Your claim must involve a breach of contract or misrepresentation, for example:- Faulty or poor-quality goods where the fault existed at the point of sale or developed because of a manufacturing defect that was present at the point of sale
- Items that were not delivered
- Products that were misdescribed or misrepresented
- Retailer terms still apply
Section 75 does not override EE Limitedâs return or cancellation policies unless they have breached your legal rights (e.g. misrepresentation or non-delivery). - Cooling-off period is separate
If you purchased online, you may have a 14-day cancellation right under the Consumer Contracts Regulations. Once that period ends, Section 75 wonât give you an additional right to cancel just because youâve changed your mind. - A fault or misrepresentation is required
You must show the product was faulty when it was supplied, not as described, or was misrepresented.
A change of mind, or issues arising after the warranty expires, does not qualify.
Section 75 only applies in specific situations, as explained above. If your case doesnât meet the criteria, there may still be other ways to resolve the issue.
- You can contact EE Limited directly to make a claim under the productâs warranty.
- Alternatively, you can raise a complaint with EE Limited, which would be assessed in line with their obligations under the Consumer Rights Act 2015 â for example, if you believe the goods are not of satisfactory quality.
- If these options donât lead to a resolution, you may need to consider a chargeable repair.
Section 75 isnât a back-up warranty or a way to escalate a complaint. Itâs a legal protection that applies only when thereâs a genuine breach of contract or misrepresentation by the retailer. In those cases, the law allows you to hold your credit provider equally responsible for the issue.
â Valid Examples of Section 75 Claims
1. Faulty or Substandard Goods
- A TV has a fault and the retailer refuses to fix it
- A speaker system performs well below reasonable expectations
2. Delivery or Supply Failures
- A mobile phone never arrives, and the retailer wonât replace or refund it
- A retailer goes bust after only part of a product or service is provided
3. Misrepresentation or Incorrect Description
- An appliance is advertised with smart features but doesnât include them
- You receive a 128GB phone instead of the 256GB version you paid for
4. Promised Refund Not Provided
You return a faulty item, but no refund is issued
â When Section 75 Does not Apply
1. Warranty or Damage-Related
- Faults that developed through normal wear and tear or general use, where thereâs no clear evidence the issue existed at the time of purchase.
- Damage caused accidentally or through normal use (e.g. drops, water damage).
- Faults that arise after the product warranty has expired.
- Warranty claims that are refused due to user-caused damage.
- Youâve changed your mind and no longer want the product, and the 14-day cooling-off period has passed (i.e. âbuyerâs remorseâ with no fault or misrepresentation).
- The product has already been refunded, replaced, or repaired by the retailer â there is no outstanding financial loss to be claimed
2. Delivery Issues
- Item arrives damaged by courier
This type of issue is not automatically covered under Section 75, because the damage happened after the purchase was made. However, your consumer rights still apply â the retailer is responsible for ensuring the goods arrive in acceptable condition.
If the retailer refuses to repair, replace, or refund the damaged item, you may be able to make a Section 75 claim based on their failure to meet their legal obligations.
- Returning items after the allowed return period
Section 75 does not override the retailerâs return policy unless your legal rights are breached.
3. Usage or Service-Only Issues
- Complaints purely about service or delivery experience, where the product itself is fit for purpose.
4. When EE Limited Hasnât Been Given a Chance to Resolve the Issue
A Section 75 claim may be rejected if the retailer has not first been given a reasonable opportunity to resolve the issue â for example, by offering a return, refund, replacement, or repair.
đŠ What to Do Next
If your situation matches one of the valid examples above, you may be eligible to make a Section 75 claim.
Step-by-Step:
- Start by contacting EE Limited
Report any issue such as non-delivery, faulty items, or goods not being as described. This is often the quickest way to get the issue resolved. - If needed, contact EE Finance
If youâve already spoken to EE Limited â or would prefer to contact us directly â weâll guide you through the claim process. - Weâll do the following:
- Log and acknowledge your claim
- Investigate based on the information provided by you and the retailer
- Let you know whether we believe Section 75 applies
- Take appropriate action if your claim is upheld
Weâll keep you updated throughout and aim to resolve your case as fairly and efficiently as possible.
âď¸ What if You Disagree with the Outcome?
If youâre unhappy with how your Section 75 claim was handled, you can raise a formal complaint with EE Finance. We can only review how the claim was investigated and whether the outcome was fair and reasonable based on the evidence provided by both you and the retailer. If there is any new or additional evidence that wasn't available at the time of the original claim, weâll be happy to review it as part of your complaint.
We will:
- Log and investigate your complaint under our regulated complaints process
- Share the outcome with you and the reasons for this, along with your rights
If youâre still dissatisfied, you can contact the Financial Ombudsman Service (FOS). Theyâll review your complaint independently. If the Ombudsman finds in your favour, Glow will comply with their decision.
For full details, see our Complaints Process and Privacy Notice