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

slapdash

Hi Guys,

Thanks for all the responses, some of which have been pretty helpful. I spoke to the police again last night, some how they'd managed to confuse the details I'd given them earlier and thought I was contending my bar bill. After explaining to them that the money had gone out separately and not through the pubs terminal they agreed that it was a criminal matter.

I'm going to ask Lloyds to provide all details of the transactions in question and let them know that I am contending them. The links to the Financial Ombudsman Service have been particularly helpful, thanks for those.

In an ideal world the police would catch the guys responsible and the money would be returned, this is of course highly unlikely. I only wish Lloyds and Mastercard would use the information I provided to actually take the merchant to task for poor practices, instead they're satisfied that I'll be covering the cost and now they are done with the issue.

Any more help or advice greatly appreciated.

Thanks.

meer53

If the transactions are not linked to the bar you were in, then it's quite possible that they are not to blame for the fraud. Your card details may have been compromised somewhere else, not necessarily recently either. It will be quite difficult for the CC issuer to prove where the compromise took place. This is what you may need to use in your defence with them when discussing the fraud.

You told them that you had left your card behind the bar, this is why, at the moment, they're not willing to help. If the card was compromised somewhere else, then they can't really refuse to deal with it as fraud.

Leaving a card, anywhere, out of your possession isn't a good idea. Telling your card issuer that this is what you did is an even worse idea ! You've given them a chance to hold you liable by your honesty.

I don't know your CC issuers procedures, but where i work, the most we can hold a customer liable for Credit Card fraud is £50. Debit card is a different story. With a Credit Card, it's not your money that has been stolen, it's the banks.

chattychappy

slapdash wrote: »

I'm going to ask Lloyds to provide all details of the transactions in question and let them know that I am contending them.

Keep it simple. Just dispute them. Once you've seen it on your account and/or statement, phone up and dispute them. Don't get into a discussion on the phone with the operator. If they send a form through, then fill it in. Else write a letter. You didn't carry out the transactions concerned and you didn't authorise anybody to undertake them on your behalf.

Ultimately, this is their problem not yours. (Though yours to the extent you have to sort it out, of course!)

My guess is that they won't argue it - they will likely have no problem charging them back through the network so their losses can be passed down the chain.

Technically your only involvement with the police should be as a witness or to provide information. It is the CC network that is the victim of fraud. Wait for the police to come back to you (unlikely) rather than initiate any further contact with them.

MoneySaverLog

I would have thought normal practice, and they do this in hotels, is to take the card get authorisation for an amount but not charge it until the end when you leave. That way any additional spending could be put on the card. At no point do they keep hold of the card.

I agree with Lloyds on this one and would never put a card behind the bar for reasons you've since found out.

chattychappy

meer53 wrote: »

Debit card is a different story.

Yes it is, though the FOS held that if the account is overdrawn, then the use of the debit card is as a "credit token" within the meaning of the CCA1974 and that consequently the same rules as for credit cards apply.

meer53

chattychappy wrote: »

Yes it is, though the FOS held that if the account is overdrawn, then the use of the debit card is as a "credit token" within the meaning of the CCA1974 and that consequently the same rules as for credit cards apply.

Thats right, they can only hold you liable for any credit funds on the account, any debit funds technically belong to the bank.

udydudy

chattychappy wrote: »

...........
Technically your only involvement with the police should be as a witness or to provide information. It is the CC network that is the victim of fraud. Wait for the police to come back to you (unlikely) rather than initiate any further contact with them.

I agree with chattychappy, when my OH found out that someone had applied for a Vanquis credit card a few years back, the police simply told us to contact the credit card company as they have to lodge the complaint despite it being identity fraud. Vanquis tried to fob us off but luckily the scamster had used Mr instead of Mrs so we disputed it with Vanquis. Then they stopped talking to us as then they claimed it was not our account and under data protection they could not discuss it. All that changed once I wrote i nto them asking if my OH was not the person then how come it was on her credit file. A threat of suing them brought quick results.

I would suggest ask for a chargeback form and fill it up and send it to lloyds tsb. As it is an online transaction which did not require a PIN they should be easily able to charge it back. and the merchant or reciever will be losing the money. I had a similar though not exact situation with M&S cards 2 years back when I went to a restaurant in south london and the lady took my card and walked to the bar and then came back with a cordless card machine. Though she was in sight at all times, somehow 3 transactions appeared on my card and M&S called o confirm them. I disputed them told them the truth and they sent me a chargeback form and took card of everything.

I think LLoyds TSB is trying on so that they do not incur the costs and trouble of having to do a chargeback.