credit card been unlawfully used

webbit

i have just got back from holiday in Gran Canaria, i had to call a doctor out for an ear infection and i paid him using my credit card (£201). On returning i have found 7 transactions totalling nearly £350 not made by me, ranging from easyjet, a petrol station, mobile phone top ups and parking at moto and also one for a company called tempcover.com.
Now why did i mention the docotor, well he had a chip and pin machine with him, he new when i was returning home and probably thought that while on hols my last thought would be for my credit card. he came to me on the 18th August, spending was from the 23rd to the 29th.
I have stopped my card and my cardit card company have put into "dispute" not fraud as i am still in possesion of the card.
can they decide that i have to pay for them, even though i was out of the country.

NickX

webbit wrote: »

can they decide that i have to pay for them, even though i was out of the country.

Firstly sorry to hear of this dreadful experience, its the last thing you need when on holiday.

Do you know if the fraudulent transactions were verifed by PIN ?

The onus is on the bank to provide evidence that you were negligent with your PIN and not the reverse.

I don't think that there is enough evidence to point the finger at the doctor just yet, it is quite possible your card was cloned here in the UK before you went away. This seems to be rife now.

I think that if you can demonstrate that you were out of the country when these fraudulent transactions were made at UK petrol stations for instance then it is clear that you did not make the transactions.

If the transactions were verified by PIN, then the bank may suggest that you must have been negligent with the PIN, but remember the Banking Code states that the onus is on the bank to prove this.

Good Luck.

not_loaded

Not the best of frauds considering the total amount, and I’m surprised at how traceable some of the disputed payments are. Easyjet will have a flight and presumably some ID connected with it, mobile phone top ups obviously a phone number connected, and tempcover are a short term insurance company so something was covered, ie: more details.

The parking and petrol are the only ‘anonymous’ ones.

One would think the card company could get further information on the transactions easily.

moonrakerz

Don't worry too much about transactions added to your credit card that you did not make.

It is quite simple, tell the card issuer, and don't pay those transactions in dispute.
As has already been said, the onus is on the card issuer to prove that you made the transactions or were negligent in the way you used your card - just about impossible !

Think about it; are they likely to take you to Court over disputed transactions totalling £305 when the chances of the Court finding in their favour are zero ! They might bluster and threaten, but they won't do anything !

They don't decide if you pay, the Law does, and that is very much on your side.

methusala_2

Guys Guys Guys your missing the total point here. IF the transactions were verified by pin because of attitude of the banks and credit card companies, ie that chip and pin is completely secure they will maintain that the card was used fraudelently by a family memeber or close friend that you allowed to access your pin. Yes they will threaten court action and yes they may even withdraw at last minute and declare that on this occasion they will absorb the transactions out of the goodness of their heart. Meanwhile you have entries on your credit report for missed payments, the ones you refused to pay and so on. Yes you MAY successfully get these removed , eventualy , but your credit file is gonna be a mess for a long time. The banks are not playing fair re the code of practice and the burden of proof they are supposed to supply doesnt happen. They insist chip and pin is secure and if the pin is used it is your negligence. There are many live cases running along these lines right now on this forum, and the number that get to court are 0. The ombudsman is always ruling in the banks favor, acting on the information he has that the chip and pin is 100% secure.

methusala_2

Hi webbit.

Please dont take the attitude that you have nothing to worry about. The burden of proof will fall on you to prove the card was in your possesion at the time these transactions were made. That means you will need to have used it to make a purchase, verified by pin, at some place and time when it will have been impossible for the other fraudelant transaction to have been made using the card ie within minutes and 100's of miles apart. If your lucky then the card company will fold but right now, if the transactions were made using the pin you will be found liable for payment by the card company on the basis that they assume you have been negligent.
Having said all that, it would seem easy for the credit card fraud department to track some of those transactions which will have adentifying info attached so you may well be ok. Please keep this forum informed on the company actions especialy as this could be an admission that chip and pin CAN be cloned.

ALIBOBSY

All this proves what others were saying when chip and pin was brought in. It was NEVER about improving customer security, and all about moving the burden of proof from the bank to the customer. All about protecting them.
I would keep at them about this, I would also ask for the current card to be issued and a new card issued as you believe your card may have been cloned. If they tell you chip and pin can't be cloned they are lying. As long as the black strip is on the back of the card the system is vunerable.

As I understand it you can ask for a chip and signature card instead (although this is not advertised) I hadn't bothered doing this myself but have seen many others going this route on other forums.

good luck

ali x

webbit

well thanks for all the advice, i have rang the card company and card now cancelled, and it isi n dispute, but the biggest proof i have is that i was out of the country, i know a couple of the transactions were internet, but surely the easy jet one can be cancelled, will keep you posted

methusala_2

hi webbit,
Yes you may be able to prove you were out of the country but you need to prove your CARD was out of the country, see my previous post
Just saying your card was in your pocket wont cut the ice with the credit card company.
Good luck, hope it works out for you.

James

What you've got to do is write to your card issuer and ask them to calirfiy how the fraud was perpetrated. Was it your card details and personal information that whas used for the fraudulent purchases or, was a cloned card and valid PIN used? (Presuming you had your card with you at all times).

I've cut and pasted the following which I posted on another string, some of it is appropriate to you and some of it not, but it may help future victims.

This was in response to this posting (click here).

The good news is under the Banking Code you should get your money back - unless you’ve been negligent with your PIN (seems unlikely in this case – see below), or you have acted fraudulently or (the crunch) without reasonable care. The bad news is that more and more banks are refusing to cough up and reimburse victims.

What I’d do now and why:

Report this to the Police and get a crime reference or incident number.

Why?

By reporting this to the Police it will help convince the Bank your really are a victim.

Allows early intervention by the police if ATMs or shops PIN Pads have been tampered with. It may also point to a data breach. But don't expect the police to investigate.

Follow up your original phone call with a letter and put everything in writing soonest. (Keep a copy, send letter recorded and request a receipt).

In the letter give your card issuer the Crime Ref or Incident No.

Ask your bank if the crime was perpetrated using your Card Details, or if your Card was Cloned and the transactions authorised with your PIN or a Signature.

Why?

The letter will prove you reported the crime as soon as you noticed it.

Dave_®f©

methusala wrote: »

hi webbit,
Yes you may be able to prove you were out of the country but you need to prove your CARD was out of the country, see my previous post
Just saying your card was in your pocket wont cut the ice with the credit card company.
Good luck, hope it works out for you.

The OP paid for a Doctor in Gran Canaria with the credit card. Seems proof enough to me.