340 pounds skimmed from my LloydsTSB Avios credit card, do I have any recourse?

opinions4u

pvt wrote: »

Yes. They allowed money to be debited from the card without the cardholder present, without a PIN, or without a signature.

It's a good job they didn't decline my card for online shopping earlier.

No pin or signature for that either.

Voyager2002

Surely I am not the only person reading this who has run up a tab in a 'pub like this. The 'pub hold your card as a guarantee that you will not walk out without paying, but of course they cannot take any money without knowing your PIN or at least being able to collect your signature. Or at least, that's the theory.

jonesMUFCforever

Could be a troll - Chelsea - Russian owner background- could be having us all on?

chattychappy

The FOS held that you could only be fully liable if the T+Cs contained a specific provision to cover misuse by a third party. If there is simply a term about negligence/gross negligence then liability is limited to £50 (even if the T+Cs attempt to impose unlimited liability). So that's that's one thing to check.

Secondly, we are not talking about a situation where the OP gave the card to a third party as in a colleague or friend (as per the FOS example 46/3). Here we are talking about the merchant. However foolish people might think the OP was, I do not think this permits the CC to impose liability on the cardholder for fraud by the merchant (or their staff). Handing a card to a merchant is not authorising a third person to use the card. You are handing it over as part of a transaction (or series of transactions as here).

I would dispute the transaction, complain if necessary and then go to the FOS. It is for the CC to prove that the OP carried out the transaction or that the T+Cs provide for the imposition of liability for the specific loss they suffered and that this is consistent with the CCA1974 (and UCTA etc) as interpreted by the FOS.

Macca83_2

Cards are designed now so that at no point should you have to hand your card over to a merchant. You put the card into the terminal, you enter your pin and then you remove. Even in the split second you hand the card over to a staff member they can quite easily skim the card by running it over a device in their pocket. In leaving your card behind the bar you have given it to someone else to operate. I don't think your chances are great. But don't let that stop you from following this up with Lloyd

bangersnmash

slapdash wrote: »

I was in the pub...and had put my card behind the bar to run a tab

Hmm, that's interesting. Not one I've heard of before.

Not something I'd do.

Rupert_Bear

jonesMUFCforever wrote: »

Could be a troll - Chelsea - Russian owner background- could be having us all on?

Perhaps a vendetta against the pub,

meer53

Sounds to me as though the OP was using a debit card and not a credit card. If it was a credit card the liability is limited to £50 as Chattychappy says.

There is absolutely no need to physically leave a card behind a bar, the merchant can take your details for your first order and process the payment after you've left if you decide to do a runner.

yangptangkipperbang

slapdash wrote: »

I'll be out of pocket and the thieves will be free to continue scamming people.

You left a word out: "stupid" between "scamming" and "people" !

You wouldn't leave your wallet, with a couple of hundred quid in it, behind the bar - but you leave a card with access to possibly thousands - "a fool and his money"............

slapdash wrote: »

So anyway my advice to others.. Avoid putting your card behind bars.

Shouldn't you take your own advice ?

jpwjpw

Not a good idea to make accusations that you have no way of proving.

As for people saying you are stupid for running a tab at the bar, what a load of rubbish! I (and a lot of others) do it all the time and have never had an issue.

The analogy that its like leaving a load of cash there is completely wrong. You need a PIN to use the card.

Lloyds are completely out of order for not helping you out.