Please Help! Problems with my bank‏ - ATM Fraud

vax2002

Your mobile phone data, will soon say where you were, contact your provider and ask for a copy of it.

samwsmith1

Found the ICO page if it's any help to you:
http://www.ico.gov.uk/for_the_public/personal_information/how_manage/access_info.aspx

crazyguy

The ICO and most other Governing Bodies here are to be honest a waste of time unless you pass them 100% conclusive evidence that they can secure a judgement in your favour with then they wont actualy do a lot barr write to the Bank and ask them to review it.

Most of these types of cases will require a great deal of work from the person who has been defrauded, my advice keep a note of each and every single expense from phone calls to stamps and then add these to your case for a reimbursment figure from the Bank.

Jim431

The obligation is on the banks to prove it. But I think you have a difficult problem.

You need to concentrate I think on how the card and the PIN were stolen as they should arrive by post on different days. So not easy for a casual thief to get at. Hence the bank's suspicion.

Is it a dodgey postman? If so then the Police will be getting other complaints and you should inform the Post Office of your suspicions who have an investigation branch for such matters.

Or was it was stolen after delivery. Do you have a mailbox that is vulnerable. If so then who has access... maybe someone you know... or a friend of a friend.

Just remembered... check with your bank that they sent it to your current address... my bank sent my card and PIN to my last address... and sweared blind that I was wrong until I showed them the forwarded envelope.

In future you can always ask for your cards to be delivered to a local branch for collection. Much safer.

Good luck... I hope you are successful.

noh

vax2002 wrote: »

Your mobile phone data, will soon say where you were, contact your provider and ask for a copy of it.

No it doesn't. It only shows where the phone was.

auto-man

If you were working or have CCTV of you entering a place such as shop etc then you'll be able to prove it wasn't you but thats not to say you never gave your details to a mate. Surely over the withdrawal periods you ventured out, anywhere, somewhere? Then you ask for CCTV of yourself to prove you couldn't be in two places at once.

thats what I would look to do here.. good luck here

olly300

adamp8 who do you live with? If it isn't your parents then unfortunately you are going to have to be suspicious of anyone you share with who is the same gender.

pmduk

adamp8 wrote: »

The images they have recovered they say are sufficient to identify that it was myself but not sufficient enough to make any sort of positive identification.

If the images are not sufficient to make a positive identification, then they are likely to be insufficient to identify you. Time to complain to the FOS.

adamp8

@auto-man
Yes during the 10 days the withdrawals took place I was going about my normal life, I did go work amongst other places but none of that helps are the withdrawals which were made were all done between 11pm and 2am at which time I was at home in bed. In all honesty from the banks point of view I could of passed my card to any associate to use so that doesn’t really help my case

@Jim431
Could possibly be a dodgy postman, I don’t really have much else to go on with regards to this however Nationwide have told me that my area is not considered a high risk area. That is all I have been told.
It could not have been stolen after delivery, I share a house with parents and younger siblings but I always pickup the post personally as I am the only one home when it arrives at around 11am.


And in answer to your fourth point, they did sent it to the correct address. They did sent another one to my bank which has also mysteriously disappeared but (thank god) not used this time. I am now awaiting a third replacement debit card!

@ihateyes
The only CCTV footage are attached to ATM’s, whilst I have not been allowed to view it personally the officer who’s dealing with my case has advised me that it isn’t clear and that he isn’t able to make a positive identification. As for surrounding CCTV, it doesn’t seem like there is any, all the ATM’s have been in small villages. The only cameras which would have been useful were tesco and asda but they only keep their footage for 5 days.

@jalexa
I do have it in writing, the exact wording used on the letter is
“To protect the details of my investigation, I’m unable to provide the specific information which has led to my decision. My investigation does indicate that your card and PIN were not intercepted in the mail and I therefore believe that both items were successfully delivered to your home address”
The letter also says, “We opened a case on 30th August 2011 in response to your claim for unauthorised withdrawals on your account.” … “Their conclusion was that these transactions were not considered to be consistent with the third party fraud and your claim was declined on this occasion”
I do collect all the mail in the house as I’m the only one home when the postman comes to its very unlikely that it was stolen after delivery. The ATM’s used were all within a 20 min drive from my house apart from the one I mentioned earlier which was located in Marble Arch, London.
The police investigation is ongoing but I’ve been told its unlikely to yield anything. They’ve told me that they can not prove that my card was stolen, that positive identification is virtually impossible and that they can not help recover any of the money. They haven’t given me anything in writing thus far

@olly300
I live with my parents and younger siblings, none of whom would do anything of the sort

pqrdef

So basically the bank thinks that the OP concocted all this to defraud the bank.

Supposing hypothetically that this theory were true, there are several specific things the OP would have to do to make it work.

(1) He'd have to kick it off by paying a few thousand into the account for his accomplice to withdraw, and leave the money sat there, instead of moving it to a savings account or something, notwithstanding the (first) lost debit card

(2) he'd have to wait until the planned number of withdrawals had been done before reporting that the new card "hadn't arrived", even if that meant waiting longer than one otherwise might

(3) he'd have to refrain from logging in to his online banking while all this was going on. Personally, with thousands loose in a current account, one card missing, and another overdue, I think I'd have the urge to check my balance. But if the OP is engaged in fraud then he can't do that, because the bank will know that he became aware of the transactions and said nothing.

Unfortunately, by coincidence, the OP actually did all of these things. There are several things he could have done differently, but in each case he did just the thing he would have to do if he were engaged in fraud.

Tricky one. It's understandable that the bank is suspicious. They've got more than just the card and PIN both going missing.

Putting it another way, the real bad guy was very lucky. Not just a card and matching PIN, but a card that doesn't need to be activated (bank at fault here), and money in the account, and he's left in peace to get on with nicking it, with nobody taking any notice of what he's up to.