Cash withdrawls via credit card

svenska

Hi, I hope some one can help me. I had approx £6k taken out of Barclaycard credit card on numerous occasions via ATM's. Barclycard are not interested so I engaged the FSO. The FSO conclusion was; " Barclys is not required to refund me the disputed transactions" due to " the transactions were made using the origionalk card where the unique chip within the card was read" and " the card was not used every day and the amounts never exceeded £300 and is not consistant with fraudulent activity" Of course their is more but that is the crocks of it. Can any one offer me some advice if this is a true and accurate method of the FSO conclusions, also, where and what can I do to prove I did not carry these transactions out. The card in question never left my wallet. Thanks in advane all:D

bengalknights

If the card never left your wallet and your pin has been used then you would have to explain to them exactly how your card has been cloned and the pin has been used as cloned cards are usually based from cloning the swipe strip and not the chip.

You could always try and request cctv footage of the relevant atms although as its on numerous occasion why was barclaycard not alerted on the first instance?

chanz4

ask a member of you family, as they have said someone used the origional card and pin

KPR11

Only a troll can not notice £300 missing from the account!

I know I would have reported it to the old bill if I had £6k stolen from me.

chattychappy

Was the decision a final decision by an FOS Ombudsman or was it an adjudication (and did you tell the FOS you were not satisfied)?

The legal position is that Barclaycard must prove (on the balance of probabilities, ie more likely than not) that you made the withdrawals OR that you were fraudulent or gross negligent. If they are just saying that they are satisfied that the card was used, then I don't think that this is enough.

If the FOS won't take this further, then you have two legal remedies. One is a judicial review of the FOS. The other is a private action - ie assuming you've already paid up you sue to get it back. Both are expensive - JR particularly so (and limited in scope).

The "accepted" view seems to be that the chip'n'pin system is infallible. Even if not, then based on the unlikelihood of a hack and the withdrawal pattern, the FOS has taken the view that Barclaycard has a pretty compelling case. Frankly I expect this is what lawyers call a "policy decision" as much as anything else. If they started to give people like you "the benefit of the doubt" then the system would fall apart and besides, in most cases it is probably mistake or fraud by cardholders or their family.

Obviously, if you can, try to consider if there is anyway the card was used - as other posters have suggested. Have a look at the ATMs concerned and see if they are covered by CCTV. If so, try a SAR to get footage. (Remote chance..)

In the absence of further evidence, I'm afraid there is no obvious solution.

I would cancel the card and/or change the PIN (if you haven't already). Keep copies of all correspondence just in case a few years down the line there is a judgment and cases such as this can be reviewed.

SnowTiger

svenska wrote: »

Hi, I hope some one can help me. I had approx £6k taken out of Barclaycard credit card on numerous occasions via ATM's. Barclycard are not interested so I engaged the FSO. The FSO conclusion was; " Barclys is not required to refund me the disputed transactions" due to " the transactions were made using the origionalk card where the unique chip within the card was read..."

Do cashpoints actually read the chip? I've always assumed they still read the magnetic strip.

Copying the magnetic strip and using a camera to get the PIN is an old trick, but it's highly unlikely the chip would have been copied.

£6,000 is a lot of money to withdraw from a credit card, presumably over the course of a month. I'm surprised it didn't raise some alarm bells at Barclaycard.

Russe11

The pin is stored on the chip

SnowTiger

Russe11 wrote: »

The pin is stored on the chip

Have the bad guys worked out how to read it yet?

Saints2011

All sounds a bit fishy to me I'd look closer to home.

Russe11

SnowTiger wrote: »

Have the bad guys worked out how to read it yet?

are you joking?, chip and pin is no more secure, it was brought in to protect the banks and retailers. If the pin was used, they are then covered.

All you need is a chip reader rather than a magnetic strip reader.

Though your card can still be cloned just using the magnetic strip and then used places that don't use chip and pin, namely tourist areas where chip and pin is overlooked due to the large number of cards used from countries that have not adopted the technology yet.

Degenerate

SnowTiger wrote: »

Do cashpoints actually read the chip? I've always assumed they still read the magnetic strip.

Some certainly do. I used my Metro Bank debit card a lot in Hungary recently, and most of the cash machines actually said "reading chip card" after I put it in.

Whether this means they use offline PIN authorization (checking the PIN with the chip in the card) or they still use online PIN authorization (checking the PIN over the network, the only way back in the mag-stripe days), I don't know. Maybe Olipro will chip in here.