Massive chip and pin theft

masonic

AngelaSinclair wrote: »

Yea, I did quote the Consumer Credit Act, the response was along the lines of 'what's that got to do with anything?'

Clearly they are taking the stance that you gave the fraudster permission to use your card and so the card was never used fraudulently. I don't think they'll have much luck convincing the Financial Ombudsman of that.

AngelaSinclair

masonic wrote: »

Clearly they are taking the stance that you gave the fraudster permission to use your card and so the card was never used fraudulently. I don't think they'll have much luck convincing the Financial Ombudsman of that.

That seems to be exactly what they're doing. Their call lasted around 45 minutes with one young guy making up a scenario as to what happened.

He did tell me though, something that helps my case in one way - the last transaction, they informed me, made in the bar was at 0122 and the next was at 0134 FROM THE ATM MACHINE WHICH, BY CAR IS A FIVE MINUTE DRIVE AWAY - I put the postcodes into multimap directions, quickest route. These blokes knew exactly what they were doing!

olly300

AngelaSinclair wrote: »

Yea, I did quote the Consumer Credit Act, the response was along the lines of 'what's that got to do with anything?'

Stick firm.

When companies want to blag you and intimidate you into going away they hope that you don't know any law.

Once you do if you have any contact with them mentioning the relevant law that way they know you aren't a walk over.

BTW as a lay person you are allowed to get the law slightly wrong but if they know you have the ability to look them up* , have a valid argument why that particular law applies in your case and cause more nuisance particularly threatening to get them bad publicity they will do more to placate you.

*Google is your friend to get the exact Act up.

DCFC79

James wrote: »

Tip: Change your Credit Cards to Chip & Signature - NO PIN = NO LIABILITY for FRAUD.

surely its up to the 1 entering the pin that no one is looking over theyre shoulder trying to see the pin being entered

Fire_Fox

AngelaSinclair wrote: »

That seems to be exactly what they're doing. Their call lasted around 45 minutes with one young guy making up a scenario as to what happened.

Ask the bank to write to you detailing what transactions took place and where, exactly what investigations they have undertaken, what their explanation for the events is, what their legal standpoint is, and what they intend to do next. I'd put all this in a recorded delivery letter TBH. Try not to complain (tho you have every right to) just ask for more information.

I know they have already told you most of this verbally - investigation: p*ss poor, explanation: blame you in some way, further action: add insult to injury by charging you for being in your overdraft. However they cannot state in writing that the investigation is over when the police are just starting out nor that they think you are trying it on but can't prove it! Let them tie themselves in knots and then take your case to the ombudsman.

BTW You can do a Subject Access Request which costs £10 if the bank won't give you the information you want. This allows you copies of every bit of documentation that relates to you - every letter or application form, presumably also details of their pathetic investigation.

AngelaSinclair

DCFC79 wrote: »

surely its up to the 1 entering the pin that no one is looking over theyre shoulder trying to see the pin being entered

Would this not necessitate having eyes on the back your head?

masonic

Fire_Fox wrote: »

Try not to complain (tho you have every right to) just ask for more information.

I would disagree with that, because of this...

then take your case to the ombudsman.

The OP should submit a formal complaint as soon as possible, because it will take about 8 weeks exhausting HBOS's internal complaints process before the ombudsman can be involved. HBOS is unlikely to have a sudden change of heart at this stage. It would surely be best to escalate this upwards as soon as possible?

masonic

DCFC79 wrote: »

surely its up to the 1 entering the pin that no one is looking over theyre shoulder trying to see the pin being entered

I'm not aware of any retailers that provide secure booths for people to go into and enter their PIN in private. How else can you be sure nobody can see what you're keying in?

AngelaSinclair

Fire_Fox wrote: »

You can do a Subject Access Request which costs £10 if the bank won't give you the information you want. This allows you copies of every bit of documentation that relates to you - every letter or application form, presumably also details of their pathetic investigation.

That's through data protection isn't it?

I'm a bit worried about trying to open a bank account tomorrow given my current account is in arrears in this way. How do I make sense of it to another bank? So many different things to think about, my credit rating, trying to stop them from applying more charges.

Regarding people watching pins go in - I still have no idea how someone else got my PIN but I'm trying hard to find out.

AngelaSinclair

masonic wrote: »

I would disagree with that, because of this...

The OP should submit a formal complaint as soon as possible, because it will take about 8 weeks exhausting HSBC's internal complaints process before the ombudsman can be involved. HSBC is unlikely to have a sudden change of heart at this stage. It would surely be best to escalate this upwards as soon as possible?

Formal complaint going in tomorrow, going in to police station to give full statement and have them pick up the rest of the CCTV - from the club, from the ATM - get back to CAB and get more advice from there. Will also ask for all details of the 'investigation' and put in a Subject Access Request if/when I don't get further. The more knowledge the better. Thank goodness my work are so supportive and have given me the day off. And thank goodness for MSE forums!!!!!