Credit card fraud - have I spotted it too late?

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Girlwithnoname
Girlwithnoname Posts: 7 Forumite
in Credit cards
I have a Mastercard with M&S bank, which i have only used to buy a mobile phone on 0% interest. The card hasn't been lost or stolen and the Pin has been kept safe.

Because of this I haven't been checking my statements regularly (I also had a new baby at the time) and have just noticed three fraudulent payments to Groupon Ireland dated Oct/Nov 2015, totalling £119.96.

I reported this to the bank and they have written to me stating they are unable to proceed with the claim due to MasterCard regulations as the transaction is older than 120 days.

Is there anything I can do?

Comments

  • Candyapple
    Candyapple Posts: 3,384 Forumite
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    Unfortunately I think you have left it too late:
    http://www.which.co.uk/consumer-rights/advice/how-do-i-use-chargeback

    Expensive lesson to learn as I don't think you have anymore options, but at least you'll know for the future to check your statements.
    I'm a Board Guide on the Credit Cards, Loans, Credit Files & Ratings boards. I'm a volunteer to help the boards run smoothly, and I can move and merge threads there. Any views are mine and not the official line of moneysavingexpert.com
  • muhandis
    muhandis Posts: 994 Forumite
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    I had a similar issue with fraud using the debit card details for a little used bank account that I had with Metro Bank. I can't remember exactly how long it was before I detected it but it was definitely close to 3 months if not longer. They credited my account on the spot and issued me a new debit card. But I suspect that the process for handling bank fraud might be different to credit card fraud?

    If it was within the past 5-6 months I would have suggested pushing to see if M&S has any discretion in this matter but given that it's from 2015, in your place I would let it be and either cancel the account (I did that for my Metro bank account since it was the first and only time I've been defrauded and I didn't feel safe continuing with them) or make sure to check statements regularly for unusual transactions going forward.
    Girlwithnoname wrote: »
    I have a Mastercard with M&S bank, which i have only used to buy a mobile phone on 0% interest. The card hasn't been lost or stolen and the Pin has been kept safe.

    Because of this I haven't been checking my statements regularly (I also had a new baby at the time) and have just noticed three fraudulent payments to Groupon Ireland dated Oct/Nov 2015, totalling £119.96.

    I reported this to the bank and they have written to me stating they are unable to proceed with the claim due to MasterCard regulations as the transaction is older than 120 days.

    Is there anything I can do?
  • eddddy
    eddddy Posts: 16,440 Forumite
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    edited 10 October 2016 at 4:02PM
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    Candyapple wrote: »
    Unfortunately I think you have left it too late:
    http://www.which.co.uk/consumer-rights/advice/how-do-i-use-chargeback

    That link is about chargeback, not unauthorised/fraudulent transactions.

    @Girlwithnoname - ask your CC company which clause relating to unauthorised/fraudulent transactions in their t&cs they are relying on.

    Also refer them to The UK Cards Association's Lending Code:
    Unauthorised transactions

    140. In the event that the card details are used by someone else, without the customer’s permission, for a transaction where the cardholder does not need to be present, the customer will not have to pay anything.

    Link: http://www.theukcardsassociation.org.uk/wm_documents/2011%20Lending%20code%20%20-%20revised%20Sept%202015.pdf



    Edit to add...

    Although have you ever registered you CC details with Groupon Ireland? If so, that may be a bit more complicated.
  • bris
    bris Posts: 10,548 Forumite
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    Are you sure you haven't just forgot? Once the fraudsters get one through they empty the account, strange it's only 1 transaction.
  • System
    System Posts: 178,093 Community Admin
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    The clause they will be relying on will be checking your statements regularly.

    The OP not only didn't notice an unusual transaction, failed to check their statements for around a year and presumably paid the bill with the fraudulent transaction...

    Your 'advice' is clutching at straws

    eddddy wrote: »
    That link is about chargeback, not unauthorised/fraudulent transactions.

    @Girlwithnoname - ask your CC company which clause relating to unauthorised/fraudulent transactions in their t&cs they are relying on.

    Also refer them to The UK Cards Association's Lending Code:
  • PeacefulWaters
    PeacefulWaters Posts: 8,495 Forumite
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    Heng_Leng wrote: »
    The clause they will be relying on will be checking your statements regularly.

    The OP not only didn't notice an unusual transaction, failed to check their statements for around a year and presumably paid the bill with the fraudulent transaction...

    Your 'advice' is clutching at straws

    It's advice I'd follow in the same situation.

    I don't think there's a regulation that gets the bank off the hook when it comes to fraud and timescales.
  • eddddy
    eddddy Posts: 16,440 Forumite
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    Heng_Leng wrote: »
    The clause they will be relying on will be checking your statements regularly.

    The OP not only didn't notice an unusual transaction, failed to check their statements for around a year and presumably paid the bill with the fraudulent transaction...


    Your 'advice' is clutching at straws

    Nope.

    Do you have any authoritative references to support your theory?

    I guess you're trying to say the OP was negligent. So let's see what the financial ombudsman and Consumer Credit Act says:
    So because the [Consumer Credit] act says that liability for unauthorised use of a credit-token is limited to £50, a firm cannot use the cardholder’s negligence in caring for the card and security information as its grounds for seeking to make the cardholder liable for more than £50.

    Link: http://www.financial-ombudsman.org.uk/publications/ombudsman-news/46/46_plastic_cards.htm

    So even if the OP was negligent, the Consumer Credit Act 1974 says OP would only be liable for a maximum of £50.


    So I've referenced the UK Cards Association and the Consumer Credit Act.

    What references do you have to support your theory?
  • jonesMUFCforever
    jonesMUFCforever Posts: 28,898 Forumite
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    Just asking............when does unauthorised become accepted?

    Before we go any further however let the the OP come back and answer whether they actually signed up for Groupon.
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