Your browser isn't supported
It looks like you're using an old web browser. To get the most out of the site and to ensure guides display correctly, we suggest upgrading your browser now. Download the latest:

Welcome to the MSE Forums

We're home to a fantastic community of MoneySavers but anyone can post. Please exercise caution & report spam, illegal, offensive or libellous posts/messages: click "report" or email forumteam@. Skimlinks & other affiliated links are turned on

Search
  • FIRST POST
    • Girlwithnoname
    • By Girlwithnoname 10th Oct 16, 2:05 PM
    • 7Posts
    • 0Thanks
    Girlwithnoname
    Credit card fraud - have I spotted it too late?
    • #1
    • 10th Oct 16, 2:05 PM
    Credit card fraud - have I spotted it too late? 10th Oct 16 at 2:05 PM
    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?
Page 1
    • Candyapple
    • By Candyapple 10th Oct 16, 2:39 PM
    • 1,475 Posts
    • 1,173 Thanks
    Candyapple
    • #2
    • 10th Oct 16, 2:39 PM
    • #2
    • 10th Oct 16, 2:39 PM
    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.
    • muhandis
    • By muhandis 10th Oct 16, 3:54 PM
    • 204 Posts
    • 81 Thanks
    muhandis
    • #3
    • 10th Oct 16, 3:54 PM
    • #3
    • 10th Oct 16, 3:54 PM
    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.

    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?
    Originally posted by Girlwithnoname
    • eddddy
    • By eddddy 10th Oct 16, 3:59 PM
    • 3,828 Posts
    • 3,471 Thanks
    eddddy
    • #4
    • 10th Oct 16, 3:59 PM
    • #4
    • 10th Oct 16, 3:59 PM
    Unfortunately I think you have left it too late:
    http://www.which.co.uk/consumer-rights/advice/how-do-i-use-chargeback
    Originally posted by Candyapple
    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.
    Last edited by eddddy; 10-10-2016 at 4:02 PM.
    • bris
    • By bris 10th Oct 16, 5:31 PM
    • 6,137 Posts
    • 5,093 Thanks
    bris
    • #5
    • 10th Oct 16, 5:31 PM
    • #5
    • 10th Oct 16, 5:31 PM
    Are you sure you haven't just forgot? Once the fraudsters get one through they empty the account, strange it's only 1 transaction.
    • Heng Leng
    • By Heng Leng 10th Oct 16, 6:56 PM
    • 3,494 Posts
    • 1,046 Thanks
    Heng Leng
    • #6
    • 10th Oct 16, 6:56 PM
    • #6
    • 10th Oct 16, 6:56 PM
    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


    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:
    Originally posted by eddddy
    • PeacefulWaters
    • By PeacefulWaters 10th Oct 16, 7:31 PM
    • 5,052 Posts
    • 6,075 Thanks
    PeacefulWaters
    • #7
    • 10th Oct 16, 7:31 PM
    • #7
    • 10th Oct 16, 7:31 PM
    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
    Originally posted by Heng Leng
    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
    • By eddddy 10th Oct 16, 7:31 PM
    • 3,828 Posts
    • 3,471 Thanks
    eddddy
    • #8
    • 10th Oct 16, 7:31 PM
    • #8
    • 10th Oct 16, 7:31 PM
    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
    Originally posted by Heng Leng
    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
    • By jonesMUFCforever 10th Oct 16, 8:38 PM
    • 23,180 Posts
    • 10,531 Thanks
    jonesMUFCforever
    • #9
    • 10th Oct 16, 8:38 PM
    • #9
    • 10th Oct 16, 8:38 PM
    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.
    What goes around - comes around
    give lots and you will always receive lots
Welcome to our new Forum!

Our aim is to save you money quickly and easily. We hope you like it!

Forum Team Contact us

Live Stats

2,003Posts Today

5,757Users online

Martin's Twitter