Can I Do a Chargeback If an Item Was Never Delivered?
Chargeback is a payment reversal mechanism that allows you to claim money back from your bank if a retailer fails to deliver goods. It is a powerful consumer protection tool.
Quick Answer
Yes. If you paid by debit or credit card and goods were never delivered, you can request a chargeback from your bank. For debit cards, this is under the Visa, Mastercard, or bank's own scheme rules. For credit card purchases over £100, section 75 of the Consumer Credit Act 1974 also makes the card provider jointly liable — giving you a separate claim against the card provider.
Full Explanation
Chargeback is a process by which a cardholder disputes a transaction with their bank and asks for the money to be reversed back to their account. It is available for both debit and credit cards, though the underlying legal basis differs.
For debit cards, chargeback is not a statutory right — it operates under the rules of the card scheme (Visa, Mastercard, American Express, etc.). However, most banks are obliged to comply with scheme rules, and non-delivery of goods is one of the most clear-cut chargeback grounds. The bank contacts the retailer's bank to request a reversal; the retailer can dispute the chargeback with evidence of delivery.
For credit card purchases over £100 (and under £30,000), section 75 of the Consumer Credit Act 1974 gives you an additional statutory right: the credit card company is jointly and severally liable with the retailer for misrepresentation or breach of contract. Non-delivery is a clear breach of the contract for sale of goods. This means you have a separate legal claim against the card company even if the retailer has ceased trading or is based overseas.
Both chargeback and section 75 claims should be made promptly. There are time limits that vary by card scheme — typically 120 days from the date of the transaction or from when you became aware of the problem (whichever is later) for chargeback. Section 75 claims technically have a six-year limitation period, but practically should be raised as soon as possible.
To make a successful chargeback or section 75 claim, you will need to show: evidence of payment; the goods were never delivered (tracking information, correspondence from the retailer, screenshots); and that you have attempted to resolve the matter with the retailer first (or that this was impossible because the retailer has closed).
Legal Basis
- §Consumer Credit Act 1974, section 75 (credit card joint liability for purchases £100–£30,000)
- §Visa/Mastercard chargeback scheme rules (debit cards — contractual, not statutory)
- §Consumer Rights Act 2015, section 28 (delivery obligation)
What To Do
Contact the Retailer First
Write to the retailer asking for delivery or a full refund. Give them 14 days. This step is important because banks and card companies will ask whether you attempted to resolve the matter with the retailer directly.
Gather Evidence
Collect: proof of payment (bank statement or card statement); any order confirmation; any tracking or delivery information; and all correspondence with the retailer. Screenshot the retailer's website and your account if possible.
Request a Chargeback From Your Bank
Contact your bank (debit card) or credit card provider and tell them you want to raise a chargeback for non-delivery. Most banks have an online dispute process. Provide your evidence. The bank will investigate and may reverse the transaction.
Raise a Section 75 Claim if Credit Card Used
If you paid by credit card and the purchase was over £100, explicitly reference section 75 of the Consumer Credit Act 1974 when contacting your card provider. This is a statutory right separate from chargeback.
Escalate to the Financial Ombudsman Service
If the bank refuses your chargeback or section 75 claim, complain to the bank formally and, if unresolved within eight weeks, escalate to the Financial Ombudsman Service (FOS). The FOS is free and can direct the bank to pay.
Important Deadlines
Important Warnings
Act promptly — chargeback time limits vary but are typically 120 days from the transaction date or from when you first had cause to complain.
Do not wait months hoping the goods will arrive before raising a chargeback — delays can limit your ability to claim.
Chargeback and section 75 apply to card payments only — PayPal, bank transfers, and cash payments are handled differently.