Halifax Action due to stolen Card - Help Please!

meb31

My wife's card was stolen and it was used miles from our home, we cancelled the card. The halifax then called us to say that the payments made on the card had sent the account overdrawn and we had to pay the charges and settle the overdraught. We have told them we will not pay anything as the card was stolen and we cancelled it straight away. The original amount was for a £25 charge plus we lost the money that was stolen from the account, this has now been going on for months, we stopped using the account after they refused first time, but now the debt has risen to nearly £250 due to charges etc thay have sent a letter saying pay or we will send in the bayliffs or take you to court. Can anybody help us please as we don't know where we stand. Any advise would be greatly appreciated!!

Thanks

regularsaver1

you say you cancelled the card - did you fill in a fraud report with the bank? did you see police?


you would have needed to report this

oldfella

Halifax action is invalid, and the subsequent charges are therefore invalid. The maximum you can be liable for is £50 as long as you notify them of the loss.

Suggest they read section 12.12 of the banking code

Mike

MinniMe_2

oldfella this is not technically true, the OP needed to report the fraud to the bank and at least fillin a fraud claim - this can be done over the phone without even having to go in to a branch, only other way to get money back or not be liable for charges is to have a crime reference number from police as regularsaver1 has asked.

I understand where op is coming from but I can also see where the bank is coming from, unless you reported it (and not just cancelled it) then how do they know it is a genuine fraud claim.

Sinope_2

Gosh, i cant see where the bank are coming from at all, the cheeky beggers, i know its just my opinion and in no way is this the banks opinion, but i think as the card remains the banks property at all times, if you report it to them that its been stolen that should be it, end of.

I CANT STAND BANKS

oldfella

minnime - the code seems clear - the maximum loss before you tell them is £50 - if they argue that cancelling the card is not the same as telling them its stolen - then its still only £50.

12.12 Unless we can show that you have acted fraudulently
or without reasonable care, your liability for the misuse
of your card 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.
• 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, you will not have to
pay anything.
• If your card is used before you have received it, you
will not have to pay anything.

toxicgirl

Hi Meb,

Don't know if this will help - around 2 years ago I had my Halifax card stolen. I reported it straight away and as it was a card I didn't use much I didn't think anything more about it until 3 weeks later when I got my statement through to discover someone had run up over 10,000 pounds overdraft on my account (even though my limit was 1000 pounds!).

I went to the bank and filled in a fraud form, but even then it took over 2 months and a letter to the Chief Exectutive for my card to be cancelled. My advice would be to keep writing to then and just write to the Chief Executive as I found this got my complaint excalated.

Good luck,
Cat