Misuse of debit card

KatieTipton

My sister has just received her bank statement for her current account with HSBC.
On it she has found approx £380 worth of transactions that she has not made that were all taken on 18th July 2006. Her card is still with her and the bank have advised that it has probably been 'skimmed'. She told them as soon as she got her statement which was today.
One of the transactions is at an O2 store in Leeds (she has never been to Leeds) and the others have been made over the net at a cosmetics store.

They have advised her that as she does not have CardGuard on her account which I believe is a monthly or annual charge, and is an optional extra - they have told her that the charges are her own problem and she has to pay all of the money back herself. These charges have also put her over her overdraft and HSBC have already said that she will be charged extra because of this. £25.00 has already been applied to her account for being overdrawn.

IS THIS RIGHT????

I am aware of the claiming back the bank charges which we will sort out later, but she can not find this money and we do not believe she should be responsible.
Can anyone help??

Thanks

SamMoffatt28

I'm not sure where you stand legally with this as I have no experience, but would advise your sister to report it to the Police.
I just found this website for you, I hope this helps

http://www.bbc.co.uk/crime/support/cardfraud.shtml

If your card is used fraudulently but you still have the card in your possession you will not be liable to pay for any part of the losses. You would probably still have your card in your possession if you are a victim of counterfeit skimming or card-not-present fraud.
Counterfeit fraud
Counterfeit is the biggest and fastest growing type of card fraud. Most cases involve skimming, a process where the genuine data on a card's magnetic stripe is electronically copied onto another, without the legitimate cardholder's knowledge.
Skimming normally occurs at retail outlets - particularly bars, restaurants and petrol stations - where a corrupt employee skims a customer's card before handing it back, then sells the information on higher up the criminal ladder where counterfeit cards are made. In other cases, the details obtained by skimming are used to carry out fraudulent card-not-present transactions. Often the cardholder is unaware of the fraud until a statement arrives showing purchases they did not make.

laserboy31

Same happened to me, got statement today and a card purchase for £166.81 was made in the Phillipines on 21st July. Never been out of Europe.

mroller

Hsbc are talking rubbish.
If someone has cloned her card then HSBC is responsible, whether she has the insurance policy or not, HSBC must pay. Your sister didn't do anything wrong.

Start by complaining to the police then get a complaint reference and give it to HSBC. you have stay firm with them.

I can't understand why people open accounts with this bank, they are among the worst! they even make people sign 12 month contract with them!

kwisstan

This happended to my wife about two months ago. I would suggest digging out your T&C on the account, as we only lost the standard £50 from the £350 that was taken. The bank refunded all charges, but it did take a couple of very forceful telephone calls quoting their own policy to them. This was with Natwest.

Hope that helps

Alfie_E

The only time someone can be made liable is if they have behaved in a negligent way. Clearly, your sister can’t be responsible for someone copying her card, so, as others have said, HSBC are completely wrong.

kisstan also brings up an important point. You said your sister was overdrawn. For anything that happens with a debit card when its account is overdrawn, or that makes the account overdrawn, the debit card is treated just like a credit card, if fraud occurs. Here you’re covered by the Consumer Credit Act 1974. As kisstan points out, this limits anyone’s liability to a maximum of £50, even if the card holder has been “grossly negligent”.

oldwiring

:eek: What KatieTipton was told makes me wonder if some clerk in ignorance gave the wrong info. At least in my days the enquiries clerk was not often the most well versed in, shall we say higher matters, and the temptation not to refer upwards, especially if a referral will bring an annoyed superior, is always there. Therefore to accuse a bank may be unjustified. Worse would be a clerk using a perceived opportunity to sell a product in that type of situation- totally unjustifiable, indeed, amoral.

Another thought crosses this becoming ancient brow. Once banking was a career even quite low down the chain. Could it be that for some the qualifications and espertise are at the level of the Dixon's employee or the Woolwoths girl.

liuhut

Did she phone up and speak to India by any chance!!!! Tell her to go into a branch and speak to one of the people - If she doesn't get the answer she wants maybe a manager. Tell her to make sure that they cancel her card as it sounds like its been cloned and they will be able to continue to use it unless she cancels the one that she has.