Fraudulent use of cards with PIN - Can I get the money back?

nuclid

But you might one day forget to lock your door or leave a window open.
But then again I suppose you think every distraction burglary is the owners fault.

ElkyElky

nuclid wrote: »

But you might one day forget to lock your door or leave a window open.
But then again I suppose you think every distraction burglary is the owners fault.

Forgetting to lock the door would be like forgetting to put clothes on before you go outside.

Insurance companies do not cover you if you forget to lock the door or windows, just like banks do not cover you if you forget you shouldn't reveal your pin. On this occasion, your OH got very lucky for getting it refunded.

System

Now might be a good time to have different PINs for each card instead of one-for-all.

ElkyElky

!!!!!! wrote: »

Now might be a good time to have different PINs for each card instead of one-for-all.

If they did that, the bank will call them back asking for the new pins. :rotfl:

System

I only mention that as the bank(s) could have quite easily taken the line that giving all your cards the same PIN is not taking 'reasonable care' to protect the PINs

INT1

MPH80 wrote: »

It doesn't matter what's in the T&Cs - the LAW (Consumer Credit Act) says different.

No it doesn't!

I should know as it's my job :rolleyes:

OP glad you got your money back.

Mr.Mulla

nuclid wrote: »

Really funny guys.
I guess you've never made a mistake.
It's funny how we would have said the same two weeks ago; but then in the heat of the moment, when at the point you realise something has been stolen and the adrenaline starts flowing and you're under pressure. When you're at work when you get an urgent call through and you've not got time to think because your job doesn't give you long coffee breaks and lunch hours. That logical part of the brain sometimes doesn't function normally under extreme stress.
Weird that... but hey... carry on assuming that my partner is the kind of person that would blurt out his PIN number at every social opportunity and that we're not the victims of a crime and that professional fraudsters are actaully 'professional' and very good at what they do and they don't strike when you're thinking normally but are good at exploiting situations designed to unbalance you.
Please - carry on putting up your side-spitting posts...
after all IT WON'T EVER HAPPEN TO YOU

That's good news! It actually helped a lot that you reported this thing right after you gave your pin to the theives. If not, you may not have gotten your money back.

Lesson learned: Do not give out your personal information to ANYONE, even if they say they are from your bank. Banks NEVER ask for personal information especially when they do outbound calls. They would only ask for that when you INITIATE the call, not the other way around.

neil9313

nuclid wrote: »

Great news if anyone is interested... we've just had the full £3300 that was stolen from our accounts fully refunded by the banks (debit and credit withdrawals).
The banks have been superb and actually quite supportive and seemed sympathetic about the PIN being disclosed. The Police too have been very good, but have not been able to identify the fraudster owing to poor CCTV footage.
In addition we even received a box of wine from one of the banks to apologise for some mishandling of the original investigation.
So for anyone else in a similar situation - don't just accept you are to blame if you disclose a PIN in a case of fraud - fight it.
Our contact with the Financial Ombudsman really helped - there are two test cases there that ruled in support of the customer. Thankfully we didn't have to go that far.
Thank you to anyone who posted something useful - it really helped.

So which Bank was the debit card for? £1000 a day cash withdrawal limit for a debit/visa/maestro card?

neil9313

nuclid wrote: »

Great news if anyone is interested... we've just had the full £3300 that was stolen from our accounts fully refunded by the banks (debit and credit withdrawals).
The banks have been superb and actually quite supportive and seemed sympathetic about the PIN being disclosed. The Police too have been very good, but have not been able to identify the fraudster owing to poor CCTV footage.
In addition we even received a box of wine from one of the banks to apologise for some mishandling of the original investigation.
So for anyone else in a similar situation - don't just accept you are to blame if you disclose a PIN in a case of fraud - fight it.
Our contact with the Financial Ombudsman really helped - there are two test cases there that ruled in support of the customer. Thankfully we didn't have to go that far.
Thank you to anyone who posted something useful - it really helped.[/QUOTE


You have made £300 Not sure this post is a complete load of rubbish!

MPH80

aldo wrote: »

No it doesn't!

I should know as it's my job :rolleyes:

OP glad you got your money back.

!!!!!! - just read this link *carefully* - it's by the financial ombudsman - the people whose job it really is to make these decisions.

http://www.financial-ombudsman.org.uk/publications/ombudsman-news/46/46_plastic_cards.htm

In fact - you know what - here's the relevant part:

Where the Consumer Credit Act, the Banking Code and the account terms do not say the same thing:
the Act takes precedence over the Code and the account terms; and the Code takes precedence over the account terms.

What you've effectively just said is that it doesn't matter what any law says in this country - if you agree to something in a contract it will override it completely and you know that's rubbish.

I'd like to see you try that in front of a judge ... "yes sir - I know the law says I can't stab him repeatedly- but he agreed to it in section 5.8 of the T&Cs of his loan".

Do yourself a favour - read section 84 of the Consumer Credit Act - it's the bit that deals with 'misuse of credit tokens' and makes absolutely no provision that negligence can invalidate someone's claim. Then go and find the law that will support your assertion that something that someone writes into a contract can override a law enacted by the government. When you find that law - come back and let me know.

Why not also take a read of example 4 in this edition of the newsletter from the Financial Ombudsman:

http://www.financial-ombudsman.org.uk/publications/ombudsman-news/67/67-cash-machines.html

And while we're here - what is your job?

I should add that I'm very happy to be proved wrong - but so far I'm the one producing all the laws and rulings from the Financial Ombudsman - and you're the one telling me you *know* it's not the case. Show me the section of the law that allows the banks to use negligence as an invalidator and I'll back down.

M.