Retailer Insolvency — Consumer Fallback Options
My Retailer Has Gone Bust — What Are My Faulty Goods Options?
When a retailer enters administration or liquidation, your CRA 2015 rights against them become very difficult to enforce. But you are not necessarily out of options. Section 75 of the Consumer Credit Act 1974 (for credit card purchases over £100) remains fully available against your card company — the retailer's insolvency is irrelevant to that claim. Chargeback may also be available. And the manufacturer's warranty is completely unaffected.
What Are Your Options When a Retailer Goes Into Administration or Liquidation?
Section 75 (Credit card over £100)
Best optionIf you paid by credit card for an item over £100, your card issuer is jointly liable for the retailer's breach of contract under CCA 1974 s.75. The retailer's insolvency is irrelevant — your claim is against the card company. Contact your card issuer immediately and raise a Section 75 claim citing faulty goods and the retailer's insolvency.
Availability: Credit card only, £100–£30,000
Chargeback (within 120 days)
Good optionIf you are within 120 days of the transaction date, raise a chargeback claim with your bank — for both debit and credit cards. Cite 'goods not as described.' The retailer's insolvency means they cannot rebut the chargeback, which often results in the claim being upheld automatically.
Availability: Debit and credit cards, within 120 days
Manufacturer's warranty
Useful if applicableA manufacturer's warranty is a separate contract with the manufacturer — unaffected by the retailer's insolvency. If your product is within the warranty period and the fault is covered, pursue the manufacturer directly. They remain fully liable.
Availability: If product is within warranty period
Unsecured creditor claim in insolvency
Low recovery rateRegister your claim with the administrator or liquidator as an unsecured creditor. Recovery rates for unsecured creditors in retail insolvency are typically very low — often pennies in the pound. This route preserves your legal position but is unlikely to result in full recovery.
Availability: Always available, but low recovery
Frequently Asked Questions
What happens to my consumer rights if the retailer goes bust?
Your CRA 2015 rights against the retailer technically still exist, but enforcing them against an insolvent company is very difficult. However, you have other routes: Section 75 (credit card, £100+), chargeback (within 120 days), and the manufacturer's warranty — all bypass the insolvency process.
Can I get my money back if the retailer is in administration?
Possibly — via your card provider. Section 75 (credit card over £100) gives a direct claim against your card issuer. Chargeback (within 120 days) bypasses the insolvency entirely. Both should be pursued immediately.
What is Section 75 and how does it help?
Section 75 of the Consumer Credit Act 1974 makes your credit card company jointly liable with the retailer for purchases between £100 and £30,000. The retailer's insolvency is irrelevant — your claim is against the card company, which remains fully solvent and fully liable.
What if I can't claim via Section 75 or chargeback?
Check the manufacturer's warranty (unaffected by retailer insolvency). If the retailer is in administration, check the administrator's website — some continue to honour consumer claims. Register as an unsecured creditor with the liquidator — recovery is typically low but preserves your position.
Is my manufacturer's warranty affected if the retailer goes bust?
No. A manufacturer's warranty is a separate contract with the manufacturer, completely unaffected by the retailer's insolvency. If your product is within the warranty period, pursue the manufacturer directly.
Related guides in this network:
Faulty Goods Fight-Back System
Insolvent Retailer — Complete Recovery Guide
The Fight-Back System includes the Section 75 claim template, the chargeback submission guide, and the complete insolvency fallback decision tree — so you pursue the right route first.
Get the Fight-Back System — £27One-time payment. Instant PDF download.