'Can my wife claim the cost of our cancelled holiday back as the secondary credit card holder?'

Do you have an issue you need to put right? Which? is here to help get your consumer problems sorted. 

Dear Which?,

My wife is a secondary cardholder on my Santander credit card. 

She used the card to purchase a holiday through Teletext Holidays, but the company unfortunately went bust before her trip. 

I tried to get a refund using Section 75 of the Consumer Credit Act of 1974, but Santander refused. 

Can you help?

Anonymous

Put to rights

Bill Wilkinson-Hoy, Which? Money Helpline adviser, says:

Section 75 is one of several ways you can get your money back if a holiday falls through.

Under Section 75 your credit card firm is jointly liable for any breach of contract or misrepresentation by a retailer or trader on purchases between £100 and £30,000. 

This means you can ask the card company for a refund if an item or service is not delivered, is faulty or not as described, or - as in your case - where the provider has gone bust and hasn’t provided what you paid for. 

However, a little-known clause states that if the purchase is made by the secondary card holder, and the primary card holder doesn’t benefit from the purchase then Section 75 will not apply. 

You wouldn't have benefitted from your wife's holiday purchase as you weren't on the booking, and hence the purchase doesn't get Section 75 protection.

Couples should consider getting their own separate credit cards for these types of purchases. See our Which? Recommended providers of credit cards here.

Other readers looking to make a Section 75 or chargeback claim can use our free tool to get started.

Need to know

• Under Section 75 you can ask your credit card provider for a refund if a product or service isn't provided
• It applies if the value of the purchase is between £100 - £30,000, even if you paid less than that as a deposit
• It doesn't apply to purchases by secondary cardholders if the primary cardholder doesn't benefit

Get in touch. If you've got a consumer rights problem you need put right email us at yourstory@which.co.uk. 

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