Nationwide say I am to blame for chip and pin theft

LouiseMc_2

Hi,

I would really like to get some advice about appealing a decision by Nationwide not to refund the money that was taken out of my account after my bankcards were stolen.

I had my wallet and phone stolen at around 2am in a bar. I was chatting to friends and clearly not paying enough attention. When I put my hand in my bag I realised that my wallet and phone had been taken. I spent ages in the bar reporting it to the manager etc and then by the time I got home and reported it to the bank two hours later they had already drawn out £300 cash and then used my debitcard to spend over £600 at a train station! I also reported this to the police.

I did not keep my pin written down and I am not sure how they got my pin...but have a horrible feeling that I had stored it on my phone in the form of a phone number. I really can not think how else they could have found my pin as I do not have it written down and I did not use the card to buy anything in the bar.

Nationwide are now refusing to refund the money and say that I was negligent. Whilst I understand that it is pretty stupid to keep anything on your phone I do think that Natonwide should refund at least some of the money. They were able to spend nearly a £1000 in two hours in the early hours of the morning without Nationwide even logging this activity as suspicious. The account was also permitted to go overdrawn by about £950 when I only have an agreed overdraft of £500.

I would just like to know what my rights are? Do Nationwide have some resonsibility because the account was so overdrawn or do I just have to accept that I was incredibly stupid and put it down to bad experience?

Thanks!

opinions4u

It's a long thread but I suggest you read this:

http://forums.moneysavingexpert.com/showthread.html?t=1663689

The bits about the Consumer Credit Act over-riding the Banking Code if fraud takes you overdrawn is particularly relevant.

I did not keep my pin written down and I am not sure how they got my pin...but have a horrible feeling that I had stored it on my phone

Did you, or didn't you?

LouiseMc_2

I have just finished reading that thread and think that the consumer credit act is my only hope really. It has already been referred to appeal and I said to them that I would be writing to them to argue my case so I will mention it then.

As for the the phone I must have had it stored on there - have had the pin and the phone for years so i can't really remember exactly. But I have defintely put pins in phone number forms on there in the past (so it must have included that one)- which I will now NEVER do again because it ridiculously stupid.

Kavanne

oh dear did you tell nationwide that you MIGHT have had it written down? doh!

natweststaffmember

I have to agree with Kavanne, please do not tell us you told Nationwide that you kept the PIN or might have kept the PIN on your phone cos that is case closed, no refund and goodnight.

kelloggs36

If you stored it as a phone number, would it have been easy for somebody to realise it was a PIN? I mean, if you knew the name you stored it under, and which numbers it was eg 2nd, 3rd, 4th and 5th, how could somebody know that was a PIN number?

masonic

natweststaffmember wrote: »

I have to agree with Kavanne, please do not tell us you told Nationwide that you kept the PIN or might have kept the PIN on your phone cos that is case closed, no refund and goodnight.

Well no, that isn't the case, because regardless of how careless you are with your PIN, you are still afforded protection under the Consumer Credit Act for any money you lose whilst overdrawn. In that situation, the OP would have to kiss goodbye to her whole in-credit balance and the first £50 of overdraft, but the rest would have to be refunded.

LouiseMc_2

Just to say that Nationwide reviewed their decision and have decided to refund the money today- before they even got my letter about the consumer credit act.

Not sure how or why they did this - but I extremely happy and will NEVER be so stupid as to put any kind of pin on my phone again!

Thanks for all of the feedback !

Turkey_Machine

My hope is that the banks are waking up to the fact that the consumer is not completely responsible for every transaction made with a Chip+Pin card.

opinions4u

Turkey_Machine wrote: »

My hope is that the banks are waking up to the fact that the consumer is not completely responsible for every transaction made with a Chip+Pin card.

You would also hope bank customers keep to their side of the bargain and keep their PIN well and truly in their head and nowhere else and cover the keypad when offering their PIN to a retailer.

McKneff

LouiseMc wrote: »

Just to say that Nationwide reviewed their decision and have decided to refund the money today- before they even got my letter about the consumer credit act.

Not sure how or why they did this - but I extremely happy and will NEVER be so stupid as to put any kind of pin on my phone again!

Thanks for all of the feedback !

Phew !!!!:j