Not upheld: refund claims handling - chargeback and Section 75 Consumer Credit Act claims complaint against NewDay Ltd
Financial Ombudsman decision DRN-6282122 of 2026-06-09T00:00:00+00:00. refund claims handling - chargeback and Section 75 Consumer Credit Act claims complaint against NewDay Ltd. Outcome: Not upheld.
Decision detail
| Reference | DRN-6282122 |
|---|---|
| Decision date | 2026-06-09T00:00:00+00:00 |
| Firm | NewDay Ltd |
| Product | Credit card |
| Claim type | refund claims handling - chargeback and Section 75 Consumer Credit Act claims |
| Outcome | Not upheld |
| Remedy | None. The ombudsman declined to uphold the complaint and stated NewDay need not take any further action. The ombudsman noted that if Mr F obtains further evidence, he can resubmit to NewDay for consideration. |
Summary
Mr F complained about NewDay's handling of two refund claims: one for defective rental accommodation (£2100) and one for undelivered artwork (£1900), both purchased via NewDay credit card. NewDay declined both claims, and Mr F complained about this handling. The ombudsman found that NewDay acted fairly because Mr F provided insufficient documentary evidence to support either a chargeback claim or a Section 75 Consumer Credit Act claim, lacking booking details, terms and conditions, and contractual documentation necessary to establish breach of contract or misrepresentation. The complaint was not upheld.
The Ombudsman's reasoning
The ombudsman found that NewDay acted fairly in declining both claims because Mr F failed to provide sufficient documentary evidence to support either a chargeback or Section 75 claim. For the accommodation claim, there was no evidence of the original booking details, terms and conditions, or contractual terms to demonstrate a breach or misrepresentation. For the art purchase claim, there was no evidence that delivery was promised rather than pickup, and no contractual documentation. Both chargeback reason codes and Section 75 claims require sufficient evidence of what was agreed and what was promised, which was absent in both cases.
How this compares
| Group | Decisions | Uphold rate |
|---|---|---|
| NewDay Ltd, all decisions | 2,605 | 37% |
| Credit card, all decisions | 25,211 | 22% |
Source
Read the original decision on the Financial Ombudsman Service website