Massive chip and pin theft

With regards to your letter as referenced above, I wish to appeal the decision by the bank xxx not to reimburse my fraud claim. I trust you will put this appeal into action immediately and contact me in writing, also immediately, to confirm that you are dealing with this appeal.

I have a few questions in relation to your decision and to your letter that I would like answered in writing within seven working days.

First of all, could you please give the reasons for your decision not to reimburse me? You have not given any reason in your letter and I am still unclear exactly as to why you are not reimbursing me.

Secondly can you please explain why the Bank of Scotland/HBOS is not adhering to the UK Banking code, specifically to the following points:

10.3 If we confirm a transaction is unauthorised, we will
refund any interest charged, unless you have acted
fraudulently or without reasonable care (see under
sections 12.5 and 12.11).

12.5 • Try to remember your PIN, password and other
security information, and securely destroy the
notice as soon as you receive it.
• Never write down or record your PIN, password or
other security information.

Liability for losses
12.11 If you act fraudulently, you will be responsible for all
losses on your account. If you act without reasonable
care, and this causes losses, you may be responsible
for them. (This may apply, for example, if you do not
follow section 12.5 or 12.9 or you do not keep to your
account's terms and conditions.)

I have never written down my PIN or given it to anybody else. It has always been stored securely in my memory.

If you are claiming negligence on my part I would ask that you outline, in writing, exactly how you believe me to have been negligent and also explain, in writing, the steps that the bank's Retail Fraud team is doing to prove negligence on my part.

The UK Banking Code States that it is up to the bank to show that I have been negligent:

12.12 Unless we can show that you have acted fraudulently
or without reasonable care, your liability for your card
being misused will be limited as follows.
• If someone else uses your card, before you tell us it
has been lost or stolen or that someone else knows
your PIN, the most you will have to pay is £50

Thirdly, can you explain, in writing, why the bank is breaking the 1974 Consume Credit Act, which actually overrides the UK Banking code, given that my account was overdrawn (N.B. this wholly applies to credit cards) when the fraudulent transactions took place? I refer to these specific clauses:

Section 83

Quote:
83. Liability for misuse of credit facilities.
- (1) The debtor under a regulated consumer credit agreement shall not be liable to the creditor for any loss arising from use of the credit facility by another person not acting, or to be treated as acting, as the debtor's agent.
(2) This section does not apply to a non-commercial agreement, or to any loss in so far as it arises from misuse of an instrument to which section 4 of the M1 Cheques Act 1957 applies.

Section 84

Quote:
Misuse of credit-tokens.
84. - (1) Section 83 does not prevent the debtor under a credit-token agreement from being made liable to the extent of [F1 £50](or the credit limit if lower) for loss to the creditor arising from use of the credit-token by other persons during a period beginning when the credit-token ceases to be in the possession of any authorised person and ending when the credit-token is once more in the possession of an authorised person.
(2) Section 83 does not prevent the debtor under a credit-token agreement from being made liable to any extent for loss to the creditor from use of the credit-token by a person who acquired possession of it with the debtor's consent.
(3) Subsections (1) and (2) shall not apply to any use of the credit-token after the creditor has been given oral or written notice that it is lost or stolen, or is for any other reason liable to misuse.

Fourthly, I want you to tell me, in writing, exactly what you are doing to carry out this fraud investigation. I want to know specifically, in writing, the following:

A) Which exact transactions you are investigating, please outline the exact transactions you think I am claiming against.
What investigations you have actually carried out into these transactions

I would like to press upon you that I require an immediate confirmation that you are carrying out an appeal, in writing, and answers to the questions herein within seven working days.

Yours sincerely...

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HOPE THIS HELPS!!

Didn't go well for Mr Job, interesting reading here:

http://www.finextra.com/community/fullblog.aspx?id=2926

And if you're just about as geeky as me, full text:

http://www.alikelman.com/jobhbos.pdf