Cash withdrawals abroad

chattychappy

lisyloo wrote: »

Huh? You are the one that's claiming their Ts&Cs are wrong and don't comply with legislation.

I never said that. I think they are clear and reasonable. You are the one who has a particular interpretation of "loss" in the event of a credit balance but cannot support it. Now we have a "Martin said" in the pot also.

The Nationwide's T+Cs mirror the Lending Code:

http://www.lendingstandardsboard.org.uk/docs/lendingcode.pdf

NB Nationwide is a subscriber:

111.
If the subscriber agrees that a credit card transaction has genuinely not been authorised by the customer then any interest that may have been charged on this transaction will be refunded. Interest will not be refunded if the customer has acted fraudulently or with gross negligence.
112.
Unless the subscriber can show that the customer acted fraudulently or with gross negligence, their liability for their credit card being misused will be limited as follows:

If someone else uses the card, before the customer informs the subscriber that it has been lost or stolen or that someone else knows the PIN, the most the customer will have to pay is £50;

If someone else uses the card details without the customer’s permission, and the card has not been lost or stolen, the customer will not have to pay anything;

If someone else uses the card details without the customer’s permission for a transaction where the cardholder does not need to be present (for example, buying something over the internet), the customer will not have to pay anything; and

If the card is used before the customer has received it, the customer will not have to pay anything.

113.
The second bullet refers to fraudulent situations where, for example, a customer’s card has been cloned. Unless the customer has acted fraudulently or with gross negligence (which the subscriber must prove – see below)....


I think it's pretty clear - the balance on the card - whether or positive or negative is irrelevant. All that is relevant to cardholder's liability here is their conduct - ie in reporting the loss/whether they acted fraudulently in the matter. NB pre-loading a card wouldn't be fraud (a criminal term) though it would be breach of T+Cs. So only if the transaction would not have happened but for the pre-loading would this be relevant. (eg a £100 credit limit card pre-loaded with £500 and then a transaction of £500 authorised).

Nationwide has subscribed to this code. Their T+Cs miror it. If they don't follow it, it would be "persuasive" in any complaint to the ombudsman. His powers derive from the Financial Services and Markets Act 2000.

But as I say, as you made the original assertion that cardholders would lose their money if they pre-load, it's for you to support this. The T+Cs, the Lending Code do not make this distinction.

So, please, now, YOU produce a statute, precedent or otherwise that overrides or interprets the position above the way you say it does. "I'm a stranger off the forum", "Martin says..", a call centre op says... this is all anecdotal.

djc_uk

chattychappy wrote: »

OK.. not sure what the promotion period of 00 means, but feel sure they don't mean "indefinite". Could it mean no promotional period?

Well if it does then the same applies for everything else as all the other categories have the same entries. As you say for a Clarity card it is rather confusing, and although I'm not particularly bothered, as I was expecting interest on cash advances in the first place, I shall endeavour to get to get to the bottom of this. HBOS have, after all, checked and double-checked this at my request and given me an answer that disagrees with other information. I'm passing by the branch today so I'll see if I can get a final answer.

lisyloo

I agree with you ChattyChappy.
Thanks for the info.

P.S - Why didn't you just provide that in the first place??

BTW - I would still advise people not to pre-load cards as it's against Ts and Cs and could result in a card being stopped which would cost them a lot more than the tiny charges they are trying to avoid.
PLUS I would also advise it on the basis of having a fight with the lender and a lot of hassle (EVEN IF the lender is wrong). It's still a huge amount of hassle and time, which personally I wouldn't want.
Just pay the tiny interest charge - simples.

But thanks for the info.

chattychappy

djc_uk wrote: »

Well if it does then the same applies for everything else as all the other categories have the same entries. As you say for a Clarity card it is rather confusing, and although I'm not particularly bothered, as I was expecting interest on cash advances in the first place, I shall endeavour to get to get to the bottom of this. HBOS have, after all, checked and double-checked this at my request and given me an answer that disagrees with other information. I'm passing by the branch today so I'll see if I can get a final answer.

OK, it will be good to know the outcome. But I would get names, dates and times if you are told anything that you rely upon! Of course "get it in writing" is the best way.. bet that causes them to hesitate.