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Unauthorised transactions - who is responsible?

Hi all,

I've just come off the phone to Halifax and am feeling VERY frustrated. This is a snippet of the letter I'm about to send to Halifax:
Earlier today I noticed a transaction on my credit card which I did not recognise: a £60 payment to '3 Maidenhead' on September 18th. Not having a '3' phone and not having been in Maidenhead for some years, I immediately telephoned Customer Services.

My call was handled professionally by a gentleman who took my details and apologised for the problem. He then advised that, at the moment, it wasn't certain whether this transaction is fraudulent or simply a mistake on the part of '3' but he told me that I should write to your disputes department and gave me the address. The call then ended and I was a satisfied customer of Halifax.

Shortly thereafter, it occurred to me that if there is any chance that this could be fraudulent it would make sense to cancel the card and have a new one sent to me. This way any fraudster would be unable to make further charges against the account.

I telephoned Customer Services again. Having already had a sympathetic hearing from your staff I was very surprised by my second experience of the day.

When this second call was answered the representative asked how he could help and I explained my problem: that I had already spoken to somebody about an unrecognised transaction and would be writing to the disputes department but, having thought about it, for my peace of mind I would like to cancel my present card and have a new one dispatched.

I was expecting to be told that, under the circumstances, this was probably a sensible precaution and that a new card was on its way. Instead your representative told me that, as there was no evidence that this was a fraudulent transaction, a new card would not be sent.

He went on to contradict your first (helpful) representative and told me that somebody at '3' likely 'mis-keyed the details' and, therefore, the onus was on me to contact '3' and have them refund the money. I balked at this suggestion and replied that I could not see how it could be my responsibility to track down the details of a transaction which I neither initiated nor authorised.

When I make payments with my card online I have to provide my card number, name, address, the expiry date and the security number from the back of the card. When I make payments at a cash desk the card is swiped (removing the possibility of data entry problems) and I have to provide my PIN. I asked your representative to explain how, given these controls, incorrectly typing one digit of the credit card number would allow a transaction to be authorised against my account he replied that he “would not be drawn in to a hypothetical situation”. He then went on to tell me that he believed I “wanted to be the victim of fraud”.

At this point it became clear to me that your representative simply was not willing to help (bear in mind that all I wanted was for my card to be cancelled and a new one sent out – I'd already dealt with the transaction itself when I called earlier). I asked him, quite politely, to transfer me to a supervisor.

He refused to do so and told me that he “would not be intimidated” and told me again that it was my responsibility to resolve this issue with '3'. Again, I informed him that I would not be doing so as I have no part in this transaction. As it was initiated by '3' and approved by Halifax I would contact the disputes department and allow them to resolve it.

At this point he told me that he was not going to be insulted and that he would terminate the call if I did so again. Somewhat bemused, I asked what I had said that he found insulting. Whilst explaining that the transaction has nothing to do with me and is between '3' and Halifax I said something along the lines of “I'm not doing your job for you”. It seems that this was the insult over which he intended to terminate the call.

Again I asked him to transfer me to a supervisor and again he refused. I then asked for his name so that I could lodge a complaint. He refused to give me his name and then he hung up on me.

So, after you've drudged through that... do you know who's right? If I have a transaction on my credit card which I don't recognise, is it really my job to chase down the details? Are the banks really not responsible? :mad:

Also, anybody got any suggestions how this might not be fraudulent? I really don't understand how somebody could innocently/accidentally charge £60 to my card – given the hoops I jump through to make a legitimate payment. :confused:

Grrrrr..

Joe

Comments

  • lyla
    lyla Posts: 98 Forumite
    Hi, all i can tell you is that this has happened 3 times with me, twice with a credit card and once with a debit card. (i'm unlucky:confused:).

    The first priority in all instances was to cancel the card!!! I cannot understand why they are not doing this? It is certainly standard practice! I would try and speak to someone else higher up and get it sorted quick before anything else is charged to the card (perhaps ask for their fraud department). Incidently i was not held liable for any of the unauthorised transactions but cannot advise you of the legal ins and outs - perhaps someone else can.

    Your letter sounds great but personally i would try and get the card cancelled by phone again asap.
  • loofer
    loofer Posts: 565 Forumite
    Part of the Furniture 100 Posts Combo Breaker
    Did you provide your card/account details to the second caller? If you did (and they input it into the system) then most likely there will be an audit trail of who last viewed your account.

    If you havn't already sent the letter then include the date and time of your second call and demand that they find out who you spoke to and listen to the call (if it was recorded, as not all calls are recorded). Make it a point that they deal with that individual for the poor service and you want to know what action has been taken against him.

    With regards to liability... I would definately expect it to be the bank who coughs up. You have done your bit by informing them as soon as you have found out.
  • Incisor
    Incisor Posts: 2,271 Forumite
    1,000 Posts Combo Breaker
    You are dead right, it is for the bank to sort out miskeying issues with 3, not you, because you have no dealings with 3. The only thing you are missing is to tell them that you do not recognise the payment and have it placed in suspense until they have resolved the matter. Obviously you don't want to pay interest on it while it is being sorted either.
    After the uprising of the 17th June The Secretary of the Writers Union
    Had leaflets distributed in the Stalinallee Stating that the people
    Had forfeited the confidence of the government And could win it back only
    By redoubled efforts. Would it not be easier In that case for the government
    To dissolve the people
    And elect another?
  • doelani
    doelani Posts: 2,576 Forumite
    Part of the Furniture Combo Breaker
    HI

    I used to work for a banking call centre although not Halifax I would say system is the same and when you call and the advisor goes into your account for any reason it wll be logged against the account. The letter is fine but in the mean time I would call them again, do not even get into a discussion with advisor but ask to speak to a team leader/manager, they will probally try to resolve it before passing it to a team leader/manager but tell them it is in reference to a previous call you had with them.

    Do not let them fob you off and say noone is available,they MUST have someone on duty. If by any chance this person in unavailable ask for a ugent callback and ask when you can expect the call.
    TOTAL 44 weeks lose. 6st 9.5lb :T
  • lyla wrote: »
    personally i would try and get the card cancelled by phone again asap.
    Hi,

    Thanks for the advice. I called back and spoke to somebody else who was much more understanding: the card is now cancelled.

    Can't believe the attitude of the other guy. Maybe he's been watching the Lloyds/HBOS situation develop and realises that his days of abusing customers are coming to an end?
  • loofer wrote: »
    If you havn't already sent the letter then include the date and time of your second call and demand that they find out who you spoke to and listen to the call (if it was recorded, as not all calls are recorded). Make it a point that they deal with that individual for the poor service and you want to know what action has been taken against him.
    You know, I was in such a fury when writing the letter that I didn't even think to tell them when I called. Thanks - letter being updated now.

    I'm also including the details of the person I've just spoken to who helped me out without any trouble at all. Maybe they can have him mentor the earlier guy or something.
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