Mugged While Taking Money Out Of Cash Machine

Nanageddon

HI

Re: Mugged While Taking Money Out Of Cash Machine

2 weeks ago my neighbor was mugged while taking money out of the cash machine in our high street. She put her card in and started to put PIN number in. A guy behind started saying your doing it wrong putting his hands over the buttons. In a flash the guy ran off with her card.

She rang our local police station (200 yards from the bank) they told her to stay put outside the bank. It took them 1 hour to come. Anyway statement was taken card canceled. But withing that hour the guy that stole the card had taken £190.00 out of the account.

And to had insult to injury at the time of mugging. Across the road the CCTV camera was watching a security van and did not get any of the footage of the mugging.

I must say at this point the card belonged to neighbor's boyfriend and they have been together 20 years.

This brings me to why i'm posting. My neighbor's boyfriend tried to claim money back from bank. But he received a letter yesterday stating that the card was his and it's the cardholders' responsibility to ensure that the PIN is not discovered. And the bank cannot be held responsible for the loss of money in the account.

Can anyone please advise? Is it worth Pursuing? Can he get money back from bank?

Thanks

natweststaffmember

Nanageddon wrote: »

HI

Re: Mugged While Taking Money Out Of Cash Machine

2 weeks ago my neighbor was mugged while taking money out of the cash machine in our high street. She put her card in and started to put PIN number in. A guy behind started saying your doing it wrong putting his hands over the buttons. In a flash the guy ran off with her card.

She rang our local police station (200 yards from the bank) they told her to stay put outside the bank. It took them 1 hour to come. Anyway statement was taken card canceled. But withing that hour the guy that stole the card had taken £190.00 out of the account.

And to had insult to injury at the time of mugging. Across the road the CCTV camera was watching a security van and did not get any of the footage of the mugging.

I must say at this point the card belonged to neighbor's boyfriend and they have been together 20 years.

This brings me to why i'm posting. My neighbor's boyfriend tried to claim money back from bank. But he received a letter yesterday stating that the card was his and it's the cardholders' responsibility to ensure that the PIN is not discovered. And the bank cannot be held responsible for the loss of money in the account.

Can anyone please advise? Is it worth Pursuing? Can he get money back from bank?

Thanks

Did the police give your neighbour's boyfriend a crime reference number? The reason I ask that is that there is a case to state that the person did was is called "shoulder surfing" ie viewed the PIN number since he may not have put his hand over the other one while inputting his PIN number. Did the £190 come from the cash machine where he put the PIN number into? If he did then it is a different matter and I'll explain why when I know the answer.

Nanageddon

HI

Thanks for replying.

Did the police give your neighbour's boyfriend a crime reference number?

Yes!

Did the £190 come from the cash machine where he put the PIN number into?

No! - The money was taken from another cash machine. According to the time of transaction. The money was taken approx: 10 minutes later after the incident with my neighbor.

natweststaffmember

Nanageddon wrote: »

HI

Thanks for replying.



Yes!



No! - The money was taken from another cash machine. According to the time of transaction. The money was taken approx: 10 minutes later after the incident with my neighbor.

In that case, then make sure that the crime reference number is given to the bank and write to them and ask for a final response outlining the circumstances and the advice given. Speak to the FOS and state what has happened. ie waiting for the police.

bigjon1968

I wonder whether the bank are trying to use the fact that he has given his girlfriend the PIN number and therefore "not kept it secure" as an excuse to not pay out.

Nanageddon

Hi

Please forgive my ignorance!

In regards to the FOS... Who are they?

Thanks

natweststaffmember

Nanageddon wrote: »

Hi

Please forgive my ignorance!

In regards to the FOS... Who are they?

Thanks

Financial Ombudsman Service. And to ask a further question, was the cardholder the person at the ATM?

Nanageddon

I wonder whether the bank are trying to use the fact that he has given his girlfriend the PIN number and therefore "not kept it secure" as an excuse to not pay out.

In regards to the letter they received from the bank.

You have hit the nail on the head! with your reply - bigjon1968

Nanageddon

was the cardholder the person at the ATM?

No! - It was their partner.

Thanks for all your help. I will pass it all on.

Thanks again. Much appreciated

Treadway1

Nanageddon wrote: »

In regards to the letter they received from the bank.

You have hit the nail on the head! with your reply - bigjon1968

As far as Im aware, your neighbour having her boyfriends card (and PIN) should make no difference at all. It is perfectly legal for someone to use somebody else card as long as they have the cardholders permission. The fact is that the thieving scumbag who took the card removed funds from the account fraudulently (Fraud by False Representation Section 2 Fraud Act 2006) so it matters not how he came to be in possession of the card and PIN, wether that he took it from the card holder, someone else or found it in the street. The money has been removed from the account by way of a criminal act.

As others have said, make sure your neighbour writes to the bank with the crime reference number given by the Police and follow it up by speaking with the Ombudsman if she doesnt get a satisfactory reply.