Credit Card Fraud

spodge1

Anybody help..Ive had £800 cash taken from my Barclaycard £300 x2 and £200. The card has never left either me or my house and only I know the Pin. Barclaycard have refused to repay me saying it must be somebody I know and has closed the case. What do I do next?

lizzywig

1) have you ever used it to make a purchase online?

2) how are the amounts described on your statement (if you don't have a paper one you can view it online)? Do they imply that they're cash or is there a company name associated with them?

Tixy

What have you done do far?
You say BC have refused to repay you - have you written to them and formally disputed the transactions? or just phoned them or what?

spodge1

Tixy,
Barclaycard sent me a form to complete, which I have returned. They called me to advise me that it would of been impossible to take cash without the card and pin being used together. They suggested that it was somebody i know who has used it after finding my pin. The only person who could of possibly done this is my partner. Trust me, she wouldnt or doesnt need to use me for cash.

spodge1

Yes, i have purchased online.
The amounts are described on my statement and online as 'Cash advance' The time and dates where the cash was taken is logged. One of the issues is that the cash was taken at the 2 nearest cash points to my house!!

chattychappy

spodge1 wrote: »

Yes, i have purchased online.
The amounts are described on my statement and online as 'Cash advance' The time and dates where the cash was taken is logged. One of the issues is that the cash was taken at the 2 nearest cash points to my house!!

CCTV? (consider a subject access request)

Obviously you should double think whether you could have used the card. Eg do you use these ATMs for normal cash withdrawals and could have put the wrong card in by mistake? (I've done that.)

ihateyes

spodge1 wrote: »

Yes, i have purchased online.
The amounts are described on my statement and online as 'Cash advance' The time and dates where the cash was taken is logged. One of the issues is that the cash was taken at the 2 nearest cash points to my house!!

ouch, what about street CCTV or atm CCTV?

moonrakerz

spodge1 wrote: »

They suggested that it was somebody i know who has used it after finding my pin. The only person who could of possibly done this is my partner. Trust me, she wouldnt or doesnt need to use me for cash.

You state that the only person who could have found your PIN is your partner. You have probably admitted here that your PIN was written down somewhere - which is strictly against the Ts & Cs of a credit/debit card when it is issued to you. If you said anything similar to this to Barclays they would jump at such an opportunity to reject your claim.

The fact that you trust your partner is irrelevant - DID you have your PIN anywhere other than in your head ?

MPH80

moonrakerz wrote: »

You state that the only person who could have found your PIN is your partner. You have probably admitted here that your PIN was written down somewhere - which is strictly against the Ts & Cs of a credit/debit card when it is issued to you. If you said anything similar to this to Barclays they would jump at such an opportunity to reject your claim.

The fact that you trust your partner is irrelevant - DID you have your PIN anywhere other than in your head ?

None of that is relevant - if it was really a credit card used, then it was a credit token and under the CCA (which overrides any T&C) you aren't liable for more than £50.

Use this posting:

https://forums.moneysavingexpert.com/discussion/372881

What they can argue is that you GAVE your card to someone you know and therefore you would be liable.

M.

moonrakerz

MPH80 wrote: »

None of that is relevant - if it was really a credit card used, then it was a credit token and under the CCA (which overrides any T&C) you aren't liable for more than £50.

Your statement may be correct - but again, it may not be.

"the consumer’s liability may be limited if the card was used as a credit-token" (my highlighting)

"Cardholders can be made liable for losses arising from the use of the card by someone who has possession of it with the cardholder’s consent (again, the Act does not say in what circumstances.)"

"Cardholders are only liable for losses of more than £50 if they made the transaction; or authorised someone else to make it."

Financial Ombudsman:

If the cardholder has written down the PIN this may be construed as giving "consent." As I said in my first post, if he said anything to Barclays which could be taken as having done this, the bank would jump at this like a dog after a bone.........

This is a grey area (even the FO says that) and a definitive answer on a case by case basis may only be arrived at after a Court action.

Unfortunately the OP has chosen a bank which does have a bit of a bad name when it comes to disputing alleged cases of card fraud. The high street banks do seem to be more willing to argue the toss over this point than do "third party" card issuers.

MPH80

moonrakerz wrote: »

Financial Ombudsman:

If the cardholder has written down the PIN this may be construed as giving "consent." As I said in my first post, if he said anything to Barclays which could be taken as having done this, the bank would jump at this like a dog after a bone.........

Can you point to where that statement has been issued by the FO please.

Also please see example 46/2 of an upheld complaint of precisely the kind of circumstances that might be occuring here (and precisely the circumstances you are saying would be considered consent):

http://www.financial-ombudsman.org.uk/publications/ombudsman-news/46/46_plastic_cards.htm