My contactless card was obviously used fraudulently.

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Comments

  • I do however, consider the nature of the purchases to be characteristic of somebody coming across a functioning contactless card, taking it back to their borough and using it at their local off-licence(s) until the transactions were no longer authorised or suspicion was aroused. The card was reported stolen as soon as I realised it was missing, at 7:56 the following morning, £103 was spent in off-licences during the night.
    Do realise that there is another side to this coin. The Bank has to be convinced that you didn't make these purchases yourself and then report the card stolen/lost to avoid paying. However unlikely that may seem to you, it goes some way to explaining why the Bank's fraud department did not simply accept what you said and issue a refund. With this in mind, perhaps it would be better to send a well written appeal to the Bank rather than go another "round"?
  • I can also form a narrative in which somebody might do this with their own card, to the extent it might be usual behaviour for such a character, but that narrative is in no way supported by my purchasing habits which were very much under scrutiny during my claim. I do live in London, but these are local off licences far from my home. It's a long way to go shopping and it's no place to drink.

    Of course I realise there is another side to the coin.

    I do not have proof I did not make these transactions, and to that end, all I have is their unusual nature (I understand this is an opinion) and my recollection of the events surrounding them. I'm here for information and advice because I don't believe my claim was processed fairly.

    When I was told that my statement listed a Chip and Pin transaction between the suspected contactless ones, thus invalidating my claim, I asked if they are listed in order and told they aren't at all. Later in the discussion however, I was told that the actual transaction process dates were visible to the fraud department, and that the C&P transaction actually took place days before the night of (What I believe to be) the fraudulent ones, it was unrelated. I'm sure this is all very tedious, but my point is that this seems like subversion, not an effort to uncover any truth or be convinced.

    Appealing to my bank is a good suggestion, I spoke to them earlier on the phone however and they told me they could only transfer me through to Fraud department for another discussion regarding the transactions. I think that I'll write a letter first, and then follow it up with a call in the next week.

    I'll look also into the FOS.
    You people are very kind, thank you for all the input!
    :T
  • IAmWales
    IAmWales Posts: 2,024 Forumite
    The bank will have heard the FOS threat a thousand times before, it won't influence how they handle your issue. If they offer you a goodwill gesture I would gratefully accept it, because I can't see the FOS upholding what is a weak complaint.

    Did you specify that the card had been stolen when you cancelled it? Earlier posts suggest not, that you don't know what had happened to it, but then you state that you did say it had been stolen. They can check the call in question, be careful not to tailor your version of accounts to be more in your favour.

    I don't disbelieve you, but I can see why the bank have doubts. They'll have had numerous people report cards lost and mysterious transactions after a night out (even when they claim they hadn't been out!). Some will be genuine, some will not. Unfortunately there's nothing to differentiate you from those people. Is there nothing to prove you were home that night?
  • Wales,

    That is good to know re: FOS, I'm still going to do some research into the service because I'd like to know more. If it will appear irrational, threatening, or be a moral misuse of the service as previously suggested, I won't be involving them in this case.

    I do not know exactly what happened to the card, I used it at a supermarket and assumed it was in my wallet until the next morning, when I reported it missing. I never suggested it had been stolen to the bank, until I saw the unfamiliar charges yesterday evening, a great deal later. After this I referred to the charges as fraudulent and implied they were incurred by an opportunist who found the lost card or a thief, which is what I believe. Frankly I'm not intelligent enough to keep track of a embellished story under scrutiny from a professional, I'm always as honest and as co-operative as I'm able to be during situations such as these!

    Unfortunately, the only thing which times and dates me on that night is my cinema-club card and it's transaction history. Even if the suspect transactions took place whilst I was in the cinema, it proves absolutely nothing at all.

    I'll send Lloyds a polite letter detailing my situation soon, I'm still going to request the call be reviewed. I don't think people should be 'assisted' in the manner I was, regardless if they are believed to be engineering a fraudulent claim!
  • Wales,

    That is good to know re: FOS, I'm still going to do some research into the service because I'd like to know more. If it will appear irrational, threatening, or be a moral misuse of the service as previously suggested, I won't be involving them in this case.

    I do not know exactly what happened to the card, I used it at a supermarket and assumed it was in my wallet until the next morning, when I reported it missing. I never suggested it had been stolen to the bank, until I saw the unfamiliar charges yesterday evening, a great deal later. After this I referred to the charges as fraudulent and implied they were incurred by an opportunist who found the lost card or a thief, which is what I believe. Frankly I'm not intelligent enough to keep track of a embellished story under scrutiny from a professional, I'm always as honest and as co-operative as I'm able to be during situations such as these!

    Unfortunately, the only thing which times and dates me on that night is my cinema-club card and it's transaction history. Even if the suspect transactions took place whilst I was in the cinema, it proves absolutely nothing at all.

    I'll send Lloyds a polite letter detailing my situation soon, I'm still going to request the call be reviewed. I don't think people should be 'assisted' in the manner I was, regardless if they are believed to be engineering a fraudulent claim!

    I would be very polite in the letter but make it abundantly clear you are making a complaint - this avoids any question of what the intent of your letter is for and will start the clock ticking on the 8 weeks that the bank have to respond.
  • Update.

    Firstly thank you all for your advice. I really appreciate you taking the time to offer your thoughts and advice.

    I wrote an email detailing my case to Lloyd’s, providing them with annotated statements and my account of the evening before my card was reported missing. I also explained why I believed the suspect transactions to be fraudulent, with virtually the same arguments I posted here.

    I included a complaint regarding the manner in which my claim was handled, again in much the same way as I had in earlier posts on this forum.

    After two days I received a call from Lloyd’s who told me they had listened to the original call and decided the claim was not rejected on reasonable grounds. They wouldn’t guarantee reimbursement, but would re-review my claim. They didn’t go into too much detail about the attitude of the advisor, although they did express that his conduct was 'Unprofessional' and that he was to be spoken to about our interaction.

    Two days later all of my highlighted transactions were refunded.
    A day later I received £75 more in my account which I was told was a gesture of good faith.

    So if anyone else is reading this thread in a similar situation, be persistent, polite and pay attention to your bank statements / contactless card.
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