Not upheld: chargeback handling and Section 75 liability complaint against Barclays Bank UK PLC trading as Tesco Bank

Decision detail

Summary

Mr S complained that Tesco Bank failed to help him obtain a refund for a credit card charge where he was debited twice for items he purchased in May 2025. Tesco Bank declined to raise a chargeback, citing that Mr S did not provide required evidence within the 90-day deadline, and also concluded it was not liable under Section 75 of the Consumer Credit Act 1975. The ombudsman found that Tesco Bank acted fairly in both respects: the chargeback deadline had passed when evidence was received on 2 September 2025 (after the 24 August 2025 deadline), and there was insufficient evidence of misrepresentation or breach of contract by the merchant to support a Section 75 claim. The complaint was not upheld.

The Ombudsman's reasoning

The ombudsman found that Tesco Bank acted fairly in declining to raise a chargeback because the required information was not provided within the 90-day deadline set by Mastercard scheme rules, with evidence submitted on 2 September 2025 being after the 24 August 2025 deadline. Regarding Section 75, the ombudsman concluded there was insufficient evidence of either misrepresentation or breach of contract by the merchant, as there was no clear evidence of a false statement by the merchant or failure to fulfil contractual obligations, and Mr S did not pursue the matter further with the merchant after the initial email.

How this compares

Source

Read the original decision on the Financial Ombudsman Service website