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  • FIRST POST
    • Keviw
    • By Keviw 2nd Oct 17, 6:21 PM
    • 3Posts
    • 0Thanks
    Keviw
    Halifax CC and unauthorised transaction.
    • #1
    • 2nd Oct 17, 6:21 PM
    Halifax CC and unauthorised transaction. 2nd Oct 17 at 6:21 PM
    Hi,

    Hope someone can provide some advice regarding this situation?

    My partner recently noticed an unauthorised transaction on her Halifax CC for a sum of over £300. On checking the merchant, it was found to be for purchases in a public house on the outskirts of Glasgow (one that sells 2 curries for £5, so it must have been one hell of a party !!!). As we live on the Isle of Wight it seemed obvious that her card details had been somehow compromised as she keeps her card with her at all times in her purse which is locked away while she is at work during the daytime (she can prove she was at work when the transaction took place).

    She immediately phoned the Halifax to report the unauthorised transaction assuming that it would be a simple case of the monies being refunded, WRONG!!!
    The Halifax basically said that as it was a “Chip & Pin” transaction that she must have been negligent/fraudulent and that someone must have known or had access to her PIN (Even I don’t know her PIN !!!).
    After a period of many hours (not mention the expense) on the phone over two days and much upset speaking to both the complaints and fraud departments, the Halifax refused to budge and suggested both verbally and in a corresponding letter that SHE contact the Merchant to see if they have any CCTV footage and also that she contact the local police station “to see if they can assist you”.

    Now correct me if I’m wrong but I was under the impression that it was the card issuers responsibility to investigate any unauthorised transactions and provide proof that she had been negligent/fraudulent? The Halifax seem to be basing their entire decision on the fact that “Chip and Pin” is infallible and therefore she must be at fault.

    She, therefore, decided to pay off the outstanding card bill minus the disputed sum, the card was cancelled and a new one issued.
    She has referred the case to the FSO but so far without any sign of the case moving forward, meanwhile the Halifax are now starting to charge interest on the disputed amount.
    I would therefore really appreciate any advice on how to move forward with this, especially in regard to the disputed amount and the interest being charged?

    Should she settle the full balance and avoid any further charges? Or would this be seen as an admission of liability?

    Is there a way of escalating the complaint with the Halifax?

    Any other suggestions?

    Thanks in advance for any help.
    Kev.
Page 1
    • jonesMUFCforever
    • By jonesMUFCforever 2nd Oct 17, 8:53 PM
    • 24,078 Posts
    • 11,367 Thanks
    jonesMUFCforever
    • #2
    • 2nd Oct 17, 8:53 PM
    • #2
    • 2nd Oct 17, 8:53 PM
    You seemed to have made an official complaint to Halifax AND taken it to the ombudsman so now it is a case of waiting.
    If she is successful then they will refund any interest charged.

    My gut feeling is that you should have waited for the final decision from Halifax before going to the ombudsman.
    What goes around - comes around
    give lots and you will always receive lots
    • Keviw
    • By Keviw 2nd Oct 17, 9:21 PM
    • 3 Posts
    • 0 Thanks
    Keviw
    • #3
    • 2nd Oct 17, 9:21 PM
    • #3
    • 2nd Oct 17, 9:21 PM
    Hi Jones,

    Sorry, I didn't make myself clear, she only went to the ombudsman after the Halifax had rejected her claim. It was one of their suggestions contained in the letter, along with "investigating" the transaction herself.

    Kev.
    • PeacefulWaters
    • By PeacefulWaters 2nd Oct 17, 10:57 PM
    • 6,970 Posts
    • 8,586 Thanks
    PeacefulWaters
    • #4
    • 2nd Oct 17, 10:57 PM
    • #4
    • 2nd Oct 17, 10:57 PM
    If the PIN has been used the question of how did the thief guess a 1 in 10,000 odds code arises.

    The link below may provide some assistance.
    http://www.financial-ombudsman.org.uk/publications/ombudsman-news/46/46_plastic_cards.htm
    • agrinnall
    • By agrinnall 3rd Oct 17, 8:54 AM
    • 18,515 Posts
    • 14,228 Thanks
    agrinnall
    • #5
    • 3rd Oct 17, 8:54 AM
    • #5
    • 3rd Oct 17, 8:54 AM
    If the PIN has been used the question of how did the thief guess a 1 in 10,000 odds code arises.
    Originally posted by PeacefulWaters
    Obviously that's very unlikely, so a far more realistic scenario is that the card was used somewhere where the card details were cloned and a keylogger recorded the PIN. It happened to me in England and the cloned card was used in an ATM in Australia not long after.
    • Keviw
    • By Keviw 4th Oct 17, 9:49 AM
    • 3 Posts
    • 0 Thanks
    Keviw
    • #6
    • 4th Oct 17, 9:49 AM
    • #6
    • 4th Oct 17, 9:49 AM
    agrinnall?

    Did you get the money back from your bank?

    Thanks,
    Kev.
    • Heng Leng
    • By Heng Leng 5th Oct 17, 12:53 AM
    • 4,123 Posts
    • 1,263 Thanks
    Heng Leng
    • #7
    • 5th Oct 17, 12:53 AM
    • #7
    • 5th Oct 17, 12:53 AM
    Obviously that's very unlikely, so a far more realistic scenario is that the card was used somewhere where the card details were cloned and a keylogger recorded the PIN. It happened to me in England and the cloned card was used in an ATM in Australia not long after.
    Originally posted by agrinnall
    The chip was cloned or was it just the mag stripe?
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