Credit Card Fraud

sonjaday

Would someone please be able to clarify the legal position with regard to a fraudulent spend on my daughter's Lloyds credit card.

A few months ago there was a charge on her credit card for £112 for Asda online, as she never shops in Asda, she knew straight away it wasn't hers. After much to-do she was eventually believed and the money was reinstated. Then yesterday she had a letter from Lloyds to say that Asda are adamant that the credit card was used correctly and that it was my daughter's transaction.

I would like to know whether she can insist that Asda release the information about the transaction? As it was a home delivery, they know the address used and it would not be my daughter's address, so it would seem to be easy to investigate. Lloyds don't seem that bothered and she has the impression they think she's not telling the truth.

Lloyds also didn't offer to cancel her card, but when she queried this, the teller said her card was blocked now, exept for her own use!!!!! How can this work? It's been very frustrating and she's going to the bank on Monday to try to sort it all out.

There was some really good advice on this forum a while ago with Financial Services Authority information, but I can't find it now I need it.

I would be grateful for any help you can give.

Thank you.

Sonja Day

poorgirl-54

i too am hating Lloyds credit card

i too have a payment of £7.99 with Lets Rewards and £80 topshop, which i havent purchased anything with- i complained and stated i havent bought it, but as usual Lloyds are extremely unhelpful and they have blocked access to my card, but yet expect me to pay it.....this is just unbelievable!

James

You should be able to find all the information and get any help you need from ACTION FRAUD.

They have a Free Phone number 0300 123 2040.

Click here for their website.

Good luck, and lets know how you get on with them.

jonesMUFCforever

Get your daughter to complain again - and if need be go to ombudsman - bank won't do this as it will cost them £500.

thenudeone

sonjaday wrote: »

I would like to know whether she can insist that Asda release the information about the transaction?

Under the Data Protection Act she can insist on receiving EVERY piece of information that is linked to her, in the bank's systems, but there is a statutory fee (£10 max).
If the bank believed it was used fraudulently they could refuse to provide the details because it would be the fraudster's details, not hers, on the transaction; but if they are adamant it was hers, they can't refuse!

However, the bank may not have the address the goods were sent to (although if they have investigated it thoroughly they probably would have). ASDA, of course, would have the address.

Has ASDA been informed that the transaction was fraudulent and a refund requested from them? That would be my next move.

sonjaday

Hello thenudeone, James, jonesMUFCforever,
My daughter went to the bank yesterday and the teller tried to phone someone to help, but due to the weather conditions throughout the country there was no answer. An Yvonne was definitely going to ring her back later yesterday, but of course no-one rang then or today.

The amount that had been debited was at first credited back to her after she had complained, but now that Asda has stated the amount is definitely my dauther's transaction, it's been debited once again. As you say, Asda must know the address of the delivery. No-one in our household has ever had a home delivery from Asda, so it will not be our address on their paperwork.

It's very frustating and we can't seem to speak to anyone to sort it out.

Thank you to all for your helpful suggestions.

This seems to be ongoing and the weather and time of year are all causing additional problems.

I'll keep you informed of any progress we make.
Sonja
p.s. Sorry for your problems poorgirl-54, hope you sort it out with Lloyds soon.

Cortinaa_GTR

I'm not familiar with shopping at Asda online but can you clarify whether the transaction was 3D Secure or not? This is when the cardholder sets up a password (like a pin) for online transactions to prove whether it is the genuine cardholder or simply somebody who has got a hold of the card details. If it was a 3D Secure transaction then Asda will feel entitled to have processed and debited the money. If not the transaction should be disputed and this should create a 'Chargeback' which has to be investigated by the merchant, card issuer and card acquirer to determine who takes the hit.

sonjaday

Hello Parnott,

We haven't had any information about the transaction, I've never heard of 3D secure, sorry.

Lloyds were supposed to have rung back on Monday, but as of today, Wednesday, we haven't had a call back. No one at the bank seems to be at interested. If we can't talk to anyone who is interested in investigating this, then I feel we'll have no option, but to go to the Financial Ombudsman Service as was suggested.

It's difficult to instigate a 'chargeback' when no-one will speak to us. Lloyds say that Asda are adamant this charge is correct and that it belongs to my daughter. When we know it isn't and that the delivery address would prove it.

This is becoming really frustrating.

Thank you for taking to time to reply with helpful information.
Sonja

sharpy2010

My best advice would be for you to stop fannying about, phone the bank and say "Look, its not ours, refund it, NOW.". And if they don't, then complain to the Ombudsman.

dunstonh

I've never heard of 3D secure, sorry.

Its for online transactions where the cardholder has a password allocated to that card. So, not only is there the card details and CVV, there is also the password. Lloyds use this on all of their cards issued but I believe you can choose not to. If it was used with the 3d secure method then the chances of knowing all the details to make that transaction are very low plus the card details would have been verified against the address of the cardholder (i.e. put in a different address and it usually results in a rejection).

So, in that respect, the bank are probably thinking that its just a transaction that she has forgotten about or it was used by another member of the house (which is extremely common).

She cannot complain to the FOS. She has to complain to the bank first. Only if the bank reject the complaint or they take longer than 8 weeks can she then go to the FOS.

sonjaday

Hello Dunstonh
Thank you for your explanation. I'll check with my daughter about the password.
We were thinking that companies are not supposed to deliver to addresses other than that registered to the credit card. So this should then be a simple matter to resolve.

We are only three in our household, with my husband, daughter and myself and we don't use one another's cards. We don't share passwords or pin numbers. As she lives at home, I do the food shopping, so she wouldn't use her card for that.

From the 1st time to now must be 8 weeks, but in the meantime, they've re-imbursed the money and taken it away again, so it's not straightforward.

I'll keep you informed of the outcome, thank you once again.
Sonja