disputed transaction

pennywise2

Hi , Does anyone know if there are any steps left to take if a disputed transaction does not go in your favour ?

regards pennywise2

TFD_2

Any further info on the dispute?

jonesMUFCforever

Sue them in the courts.
Unless you have deep pockets not something i would suggest you do.

pennywise2

Sorry for the lack of info , background to this goes like ...let a family member pay a holiday deposit on my card , they couldnt afford to go on holiday and didnt cancel correctly ie only cancelled by phone instead of putting the cancellation in writing . Result of this was the flight company took full payment out of my card .As soon as i noticed this on my statement i disputed the transaction saying it was unauthorised . After 2-3 months MBNA told me by phone that flight company had made an offer of reinbursement and they would write out to me to let me know what the offer was . Trouble is this offer never arrived and MBNA say because i didnt reply within 10 days the case is now closed and i have to stump up £1,900 + any interest :mad: .
Apart from legal action is there any other action i can take ?

many thanks pennywise 2

jonesMUFCforever

Sue the family?

ACG

Ask if the call is recorded? Then ask for the transcript.
Put it in writing to both MBNA and the holiday company.

Otherwise i think your relative needs to get this sorted and be doing the work. This is their issue really not yours. I dont think the fact a relative put a transaction on your card alone means it can be treated as an unauthorised transaction (not that you are saying that).

jamesd

Inform them that you're not responsible for not receiving the offer and that you allowed a reasonable time to pass before asking what had happened to the offer. Inform them that you intend to take the matter to the Financial Ombudsman if the matter is not resolved and suggest that they reopen their discussion with the airline and persuade the airline to send the offer and confirm that you have received it this time.

pennywise2

Many thanks guys for the responses , i will pursue each of your suggestions , the family member in question has buried their head in the sand regarding this with the result of us not speaking now :mad:
If i make a payment on this issue am i admitting liability , the first bill is in for this now , this is the only transaction on this card .
Was also thinking of a balance transfer with a more reasonable interest rate but again if i do this have i accepted that i am accountable for this error .

thanks again pennywise2

jamesd

By making the payments you are mitigating your loss, reducing its cost so they have less to pay, not accepting liability.

pennywise2

Thanks jamesd , does anyone know if this would be a case for the small claims court as i would dearly like this sorted out.

many thanks pennywise2

moonrakerz

This is what the Banks have signed up to:

"12.12 Unless we can show that you have acted fraudulently
or without reasonable care, your liability for your card
being misused will be limited as follows.
• If someone else uses your card, before you tell us it
has been lost or stolen or that someone else knows
your PIN, the most you will have to pay is £50.
Protecting your accounts
23
• If someone else uses your card details without your
permission, and your card has not been lost or
stolen, you will not have to pay anything.
• If someone else uses your card details without your
permission for a transaction where the cardholder
does not need to be present (for example, buying
something over the internet), you will not have to
pay anything.
• If your card is used before you have received it, you
will not have to pay anything."

This is from the Banking Code - if your card company is not following what this says, complain to The Financial Ombudsman immediately.

Please note this bit in particular:

"Unless we can show that you have acted fraudulently
or without reasonable care"