Card cloned - what are your rights ?

jo91 · 2 March 2009 at 6:02PM

Wondered if anyone could help here.
My OH's mum had her card cloned at an ATM the other week, over £2000 was taken from her account before she checked her account balance and discovered it. She only uses one ATM local to home and makes modest withdrawals each time (she is a pensioner). Her bank, Lloyds TSB never contacted her to challenge a change in usage pattern (lots of £200 withdrawals made from scattered locations). She hasn't ben given much guidance from her bank - other than them asking if she had fraud protection (she hasn't) but they have indicated the possibility of liability on the part of the bank who's ATM she used.

Any guidance greatly appreciated

shaymenRup · 2 March 2009 at 6:17PM

http://www.lloydstsb.com/security/how_to_report_a_fraud.asp

You do not mention whether the matter has been reported to the police. Although its likely they will refer back to the bank to investigate, the police should be informed. It is likely that others may have suffered the same fate.

Watch out for physical changes to machines you regularly use - report anything suspicious.

Ensure nothing is attached to the card slot.

Always cover your hand inputting the pin number.

Dont use easy to work out digits.

I know its hard, particularly with elderly relatives.

jo91 · 2 March 2009 at 6:22PM

Thanks for the link - I will get the full facts from her later, so far it's what she has managed to tell OH in a brief phone call. I will make sure she contacts the police.

James · 2 March 2009 at 6:36PM

Sorry to hear about you Mum. As she's had her card in her possession all the time and she's been told her card was cloned, she will get her money back.

What is absolutely disgusting is Lloyds TSB asking if she had fraud protection. It's worth checking, just ask Lloyds TSB will you pay out immediately if I'm a victim of fraud, or will my card issuer.

The Banking Code 12.12:

If someone else uses your card details without your permission, and your card has not been lost or stolen, you will not have to pay anything.

Banking Code in pdf format (click here).

What else I'd do:

Report this to the Police and get a crime reference or incident number.

Why?

Reporting this to the Police it will help convince the Bank your Mum really is a victim.

Allows early intervention by the police if ATMs or shops PIN Pads have been tampered with. It may also point to a data breach. But don't expect the police to investigate.

Follow up your original phone call with a letter and put everything in writing soonest. (Keep a copy, send letter recorded and request a receipt).

In the letter give your card issuer the Crime Ref or Incident No.

Remind Lloyds TSB that they told you the Card was Cloned. Ask them if the transactions were PIN or Signature verified, and if PIN how they got your Mum's PIN. Ask for advice re possible PIN compromise and ask them if you're Mum (if she so wishes) would be safer with a Chip & Signature Card.

jo91 · 2 March 2009 at 6:43PM

James, thanks very much for this very reassuring information, exactly what I needed to gather from my MSE friends:T

Card cloned - what are your rights ?

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