Barclaycard Blunder - fraud on multiple cards with same number active at same time.

eimo

[FONT=&quot]COPIES OF THE SAME CREDIT CARD AND MULTIPLE LETTERS CONTAINING CUSTOMER PIN SENT OUT BY BARCLAYCARD. £10,000 FRAUD COMMITTED ON CARD AND BANK REFUSES TO PAY.[/FONT]
[FONT=&quot]I go through most of my received mails about once a week – pick out the key ones and archive the rest in my garage (I normally don’t throw my mail away). On the 14th of September, I opened my mails, accrued over a period of one week (Between 7th September and 14th September) only to realise that Barclaycard had sent four copies of letters containing my PIN number. (Not even one copy was requested by me) The credit card is a corporate Barclaycard provided to me by my company and with a credit limit of £12,000.[/FONT]
[FONT=&quot]On receiving the PIN letters, I immediately called Barclaycard and reported the incidence; the lady i spoke with said it was strange and that everything was okay. On further thoughts, i decided to walk to a nearby ATM and i changed the PIN number on my card.[/FONT]
[FONT=&quot]The very next day on the 15th of September, I received a call from Barclaycard fraud department asking me to confirm two transactions; £4,999.99 each used in a shop in east London and some lesser amounts used Sainsbury and Bros Moss (All totalling about £10,500). I declined these transactions and informed the caller that I had received copies of my PIN which were not requested.[/FONT]
[FONT=&quot]Going through the usual bank fraud procedures, Barclaycard sent me a disclaimer form to complete and return. After about one month, another person from Barclaycard fraud department called me to ask series of questions which i answered to the best of my knowledge. The key theme of this question session was to inquire about my where about during the time of these disputed transactions. The disputed transactions had all taken place in London (Between Friday 11th September and Tuesday 14th September). I live in Peterborough and although I work in London, I was not in London during these dates. I provided evidence through transactions on my personal card showing that i was miles away from London.[/FONT]
[FONT=&quot]Another form (Affidavit) was then sent to me to complete and return. The original copies of the PIN Letters and the physical credit with me were requested and i sent everything out to Barclaycard.[/FONT]
[FONT=&quot]I reported the incident to my employers and have been copied on all the written correspondence I’ve had with Barclaycard.[/FONT]
[FONT=&quot]I now received a letter from Barclay card today – 27th November saying the following.[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]Dear Mr *******[/FONT]

[FONT=&quot]RE – [/FONT][FONT=&quot]4257 **** **** ****[/FONT]

[FONT=&quot]I have now reviewed all of the information available to me regarding the disputed transactions on your account, and I have concluded that the transactions which you are disputing cannot be accepted as fraud. Therefore you are liable for the full amount of the transactions in dispute, totalling £10,478.51 and the outstanding balance on the account. [/FONT]
[FONT=&quot]Below I have outlined how the decision was reached. [/FONT][FONT=&quot][/FONT]
[FONT=&quot]I can confirm that we cannot refund the transactions in question because our records show that the chip within the card was fully read and used in conjunction with the PIN (Personal Identification Number). It has been stated on the fraud disclaimer, fraud affidavit and confirmed in our conversations that the card was not lost or stolen and was in your possession, this indicates that the genuine Barclaycard was used and the card has not been counterfeited (cloned).[/FONT]
[FONT=&quot]The only explanation is that, if you did not use the card, then someone else must have done so. Conditions of Use state that the cardholder is responsible for the card and PIN at all times. If this was the case, this person was able to access the card, use it and then return it to your possession and would also have known the PIN. [/FONT][FONT=&quot]There were no failed attempts to use the card because of a wrong PIN number being entered, [/FONT][FONT=&quot]which is not consistent with a third party guessing. [/FONT][FONT=&quot][/FONT]
[FONT=&quot]I appreciate this is not the outcome you hoped we would reach but trust you will understand the reasons for the decision. If you wish to appeal against the decision made, please write to Dept KDRS, Barclaycard, 1234 Pavilion Drive, Northampton, NN4 7SG. [/FONT]
[FONT=&quot]Yours sincerely[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]I am totally shocked at this decision and confused on what to do next. I have written out an appeal letter which i plan to send back to them – see letter below. – 28th November[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]Dear Mr *******[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]I am writing to appeal your decision not to refund the disputed transactions on my account.[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]I do not agree with all the reasons you have stated for transferring responsibility for the transactions to me.[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]Reason 1:[/FONT]
[FONT=&quot]“You have stated that someone must have taken the card, used it and returned it without my knowledge.”[/FONT]
[FONT=&quot] [/FONT]
·[FONT=&quot] [/FONT][FONT=&quot]This is absolutely not possible as I live with my wife and two sons (one 4years and another 6months old). No one in my house could have taken the card from Peterborough all the way to London to make these transactions. [/FONT]
·[FONT=&quot] [/FONT][FONT=&quot]I had the card in my wallet and in my sight during the period of these disputed transactions and i was nowhere near the location in which these transactions took place.[/FONT]
·[FONT=&quot] [/FONT][FONT=&quot] I have a copy of my HSBC Master Card statement showing a transaction made in Peterborough on the 11th of September which is one of the disputed transaction dates made in London.[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]Reason 2[/FONT]
[FONT=&quot]You have stated that the card used was not a clone and it was the genuine card inferring that inferring that either i tried to defraud the bank, or i was grossly negligent in handling my card and PIN.[/FONT]
[FONT=&quot] [/FONT]
·[FONT=&quot] [/FONT][FONT=&quot]I cannot and have not laid any claim that the card used was a clone. I won’t know that. All I know is that the card with me was not used for the disputed transactions.[/FONT]
·[FONT=&quot] [/FONT][FONT=&quot]The card used may have been an original copy because of the error you made in sending me multiple PIN when i hadn't requested for them. The point here is that; genuine cards may have been generated with the PIN letters and you have failed to confirm it.[/FONT]
·[FONT=&quot] [/FONT][FONT=&quot]From the initial discussions i had with **** - she had asked about one or two additional cards that were sent out which I never received. Where are these cards? [/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]Reason 3[/FONT]
[FONT=&quot]You have stated that i am responsible for the safe keeping of my card and PIN; inferring that i was careless with them.[/FONT]
[FONT=&quot] [/FONT]
·[FONT=&quot] [/FONT][FONT=&quot]This again is not true and the card I sent back to you could never have been used for those transactions. The only party that was careless here is you. You sent me multiple copies of my PIN when not requested and you may have also sent multiple copies of my card which i never received. These two reasons alone is evidence of your carelessness with my personal details which increased the risk of fraud.[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]Reasonable care taken by me[/FONT]
[FONT=&quot]1.[FONT=&quot] [/FONT][/FONT][FONT=&quot]I had my card in my wallet and it was never out of my sight all through the period of the disputed transactions until i sent it over to you.[/FONT]
[FONT=&quot]2.[FONT=&quot] [/FONT][/FONT][FONT=&quot]I keep my PIN number in my head. It is not written down anywhere. There is no way anybody would know my PIN.[/FONT]
[FONT=&quot]3.[FONT=&quot] [/FONT][/FONT][FONT=&quot]I never gave my card out to anybody and i also did not authorise any of the disputed transactions.[/FONT]
[FONT=&quot]4.[FONT=&quot] [/FONT][/FONT][FONT=&quot]I raised a flag and immediately alerted you as soon as i noticed the multiple PIN letters you sent. [/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]Your carelessness – You have acted without reasonable care[/FONT]
[FONT=&quot]1.[FONT=&quot] [/FONT][/FONT][FONT=&quot]You sent me three or four copies of my PIN letters “out of the blues” - when i never requested for them. You have not explained the reason for this error on your part[/FONT]
[FONT=&quot]2.[FONT=&quot] [/FONT][/FONT][FONT=&quot]There were 2 - 3 business days between the transaction dates and the date I reported the irregularities - I believe this gap may have been sufficient to stop the fraudulent transactions and called it back. [/FONT]
[FONT=&quot]3.[FONT=&quot] [/FONT][/FONT][FONT=&quot]You must have generated additional cards alongside the PIN letters. These cards never arrived. You have not explained where these cards are. It does not make sense sending out only PIN letters when there was no request for the PIN.[/FONT]
[FONT=&quot]4.[FONT=&quot] [/FONT][/FONT][FONT=&quot]I called to alert you of a possible compromise to my PIN, but you did not stop the transactions. You waited until the next day to call me about the transactions. [/FONT]
[FONT=&quot]5.[FONT=&quot] [/FONT][/FONT][FONT=&quot]There were two large transactions - £4,999 each, which is totally inconsistent with my spending history. This was not flagged by you.[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]Explanation required from you:[/FONT]
[FONT=&quot]1.[FONT=&quot] [/FONT][/FONT][FONT=&quot]How many PIN letters were generated and when?[/FONT]
[FONT=&quot]2.[FONT=&quot] [/FONT][/FONT][FONT=&quot]Why did you suddenly send me multiple PIN letters when none was requested? Please acknowledge this error on your part?[/FONT]
[FONT=&quot]3.[FONT=&quot] [/FONT][/FONT][FONT=&quot]How many additional cards were generated and sent out?[/FONT]
[FONT=&quot]4.[FONT=&quot] [/FONT][/FONT][FONT=&quot]Why were the transactions not stopped immediately after i called about the possible compromise of my PIN[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]I was exposed and stood a risk of fraud due to your carelessness with my card details and PIN.[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]The contract states that you will be responsible for fraudulent transactions if it was caused as a result of your carelessness.[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]

---

[/FONT]
[FONT=&quot]This is causing me considerable upset and inconvenience and i haven't even had a good sleep. I woke up this morning digging through all mails (opened and unopened) so as to get to the bottom of this; only for me to find a copy of my card letter which Barclaycard must have sent together with the PIN letters; but without the card in the envelope. The letter shows that the card has the same number as the card that was in my possession before i sent it to Barclaycard. This means that Barclaycard sent out additional cards besides that with me with the same number and all these cards may have been working at the same time. [/FONT]
[FONT=&quot]I am extremely disappointed that in all their investigations and subsequent decision, they have not addressed the fact that they sent out multiple cards and multiple PIN letters which never arrived and have not taken responsibility for this.[/FONT]
[FONT=&quot]I have read more information on similar situations where banks have refused to refund chip and pin fraud transactions and there seem to be a uniform approach.[/FONT]
[FONT=&quot]I have outlined my approach below and will welcome any suggestions and advice[/FONT]
[FONT=&quot]1.[FONT=&quot] [/FONT][/FONT][FONT=&quot]Reply to their letter appealing their decision[/FONT]
[FONT=&quot]2.[FONT=&quot] [/FONT][/FONT][FONT=&quot]Inform my employers to get more involved by reviewing obligations within the contract they have with Barclaycard. My understanding is that my contract is with my employers[/FONT]
[FONT=&quot]3.[FONT=&quot] [/FONT][/FONT][FONT=&quot]Raise the case with Financial Ombudsman[/FONT]
[FONT=&quot]4.[FONT=&quot] [/FONT][/FONT][FONT=&quot]Take legal action against Barclaycard to ensure i get my refund[/FONT]
[FONT=&quot]5.[FONT=&quot] [/FONT][/FONT][FONT=&quot]Take another legal action against Barclaycard for being careless with my personal details which resulted to a fraud on my account?[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]I will appreciate any advice and suggestions[/FONT]

undetterred

So how many pin letters did they send,you state 3 or 4? a bit vaque on your part considering how serious all this is.

wrangler5

What does this story tell you about the way you are only picking out some letters from your mail and 'Archiving' the rest in your garage? I think this has more to do with your disorganized 'filing system' then it does with the bank. Effectively you could have uncovered this simple mistake and alerted the Bank months ago if you had tried opening the letters you were recieving.

Suggestion: Open the rectangular shaped envelopes that drop through your door & read them.

eimo

they have sent 4 PIN letters in total sas stated in the first paragraph

I work hours away from where i live and only to have the opportunity to open my mails once a week. There is usually a pile of mails and would normally open those that i am either expecting or those that appear important. I would definitely not be looking out for a new card or PIN letters from my bank when i have not requested for them.

patman99

'Chip and PIN' is the best thing to happen as far as the criminal scum are concerned.

No signature, no photo, just a card and a 4 digit code.

With most card readers being conected to epos systems, they can easily adapt the software to capture the chip info & the pin.