Unauthorised Cash Withdraw Abroad

f1rsttimebuyer_2

I've just got back from a trip to India and it appears money has been stolen from all 3 of my credit cards, two days in a row. Approx £250 cash has been withdrawn on each card, (£750) two days in a row (£1500). I didn't use my credit cards to withdraw any cash whilst away, and only for some purchases in reputable retailers in Delhi. The cards would/should have been in my hotel room when the transactions took place. Where do I stand? Iv not called Cc companies just yet as not sure what to say.

Tiddlywinks

How about calling them and just telling them the facts?

You should not delay as you are required to notify them as soon as you are aware to allow them to minimise their losses.

lisyloo

Call them NOW !!!!

Out of interest where were your cards?
Was there a safe in the room? Were you using it.
Any sign the cards were taken i.e. they weren't where you found them?
If they were taken someone would still require the PIN.

But call them first, then dicuss.

YorkshireBoy

How has it come to your attention? If you found out by checking online then they'll have details of the date/time you logged on...and will have expected a call within minutes.

Delaying contacting them will most definitely not help your case!

redpete

f1rsttimebuyer wrote: »

Where do I stand?

On thin ice I would think. It sounds like you didn't take sufficient care of your cards, and for someone to be able to get money on all 3 sounds like you could have been careless with the PINs.

Iv not called Cc companies just yet as not sure what to say.

Oh come on, if I had £1500 go out of my accounts I would be chasing it as soon as possible. The ice will get thinner if you delay whilst trying to come up with a story.

chattychappy

The test as per the Lending Code (which pretty much everyone has signed up to/and or incorporated into T+Cs) is "grossly negligent". Ie being careless or negligent is not enough.

A matter of interpretation, of course. But it's for the CC to prove.

f1rsttimebuyer_2

Thanks for replies. I did report it straight away (almost). First thing I did was come on here because I wasn't sure if my card companies would try and find some clause to trip me up with and hold me liable.

I also wasn't sure whether I should place the claim with my travel insurance, or the card companies.

I didn't tell anyone my pin, although all three cards have the same pin, which I know is silly of me. Does this make me liable?

All three companies have said they will investigate and get back to me. HSBC tried to make me feel guilty like I must have told someone my PIN or withdrew the cash myself.

Surely they can just check local CCTV, like at the hotel?

The cards were not in a safe, but were in my travel wallet in top draw, and not just advertised on my desk.

Where do you think I stand.

meer53

If the money taken was on credit cards and not debit cards, the maximum they should hold you liable is £50 per card. Some banks may differ but thats what happens where i work, some might argue the toss with you though if they say you've been negligent, which it sounds as though you have. Why on earth would you leave three credit cards in a hotel room in a drawer ?? I think you might struggle with this one ! I despair when i speak to customers like you at work, did you not think of what might happen ?

chattychappy

meer53 wrote: »

If the money taken was on credit cards and not debit cards, the maximum they should hold you liable is £50 per card.

Only if the cards were lost or stolen. Sounds as if they might have been (and then returned). But if they were cloned, then no liability.

meer53 wrote: »

Why on earth would you leave three credit cards in a hotel room in a drawer ?? I think you might struggle with this one ! I despair when i speak to customers like you at work, did you not think of what might happen ?

Well, you're paid to speak to customers like the OP, whether you like it or not.

Banks choose to use plastic cards as a convenient way of confirming identity when dishing out cash under a credit agreement. Did THEY not think this kind of thing might happen?

Of course it happens alot. I have this issue all the time as I travel alot. Safe in room? - manager has a key. No safe... OK leave with receptionist - but perhaps they also have your passport? Do you trust them? Take with you - in an unfamiliar location where there maybe pickpockets?

In the end, the OP was probably silly, maybe negligent. But GROSSLY negligent? I remember reading a case on this from the FOS. It is a high hurdle and one for the bank to prove. (I remember one example given was writing a PIN on the back of a card.) Now if the OP was careless with the PIN AND left it in the draw, well then ... maybe.

lisyloo

Apparently the safes in the room are fairly easy to open with a little knowledge.

We had a battery go flat once and I can assure you the hotel engineer/handy man knew how to get into the safe when it had a flat battery without smashing it open.

I agree with chattychappy.
The onus of proof is on the bank.
If you had your PINS on a piece of paper then yes that would be neligent, but without the PIN numbers then I don't think there is negligence.
Personally I would not take 3 cards abroad with me (max 2) and I'd probably have one on me so only one in the hotel room.

opinions4u

This isn't about terms and conditions or the Lending Code. It isn't even about the level of negligence.

It's about the Consumer Credit Act which makes the bank liable for the full amount if the losses are fraudulent (it's different if an account has a credit balance) - regardless of the stupidity of leaving the cards in a drawer in a hotel room where staff (probably earning £50 a week if they're lucky) have access.

The problem the OP is going to have here is one of proving that the transactions were fraudulent. Where's the police report? Does the hotel know? If a PIN has been used how did those withdrawing know it?

I would expect most banks to decline the claim on the basis that the PIN was used so the transactions must have been carried out by the cardholder or with the cardholders authority. Getting beyond this isn't going to be easy and I suspect it even the FOS may struggle to decide the banks in question should be held liable unless clear evidence of theft exists.