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Theft of money but bank will do nothing

:mad::mad::mad:
Hi Guys,
New here and need some advice

My son, who was 17 at the time, gave his LLoyds cash card to his sister - along with the pin number to withdraw some money for him (£200).

The card was kept by the cash machine displaying the message 'card has been with held please contact your bank'

My son phoned his bank the next day and they had said £200 had been with drawn - my son went on to accuse his sister of stealing the money from him, and has caused a lot of stress and arguments within the family - his sister is addament she did not take the money.

He reported it to the police, who gave him a crime number. He contacted the bank again - with the crime number - the bank then gave him details of the cash machine where the money was with drawn.
£250 attempt at bank 1 - this is the bank his sister tried to withdraw the money
£250 attempt at bank 2 - 10 minutes later 3 miles away
£200 withdrawn at bank 3 - 2 minutes later next door to bank 2

The police informed my son that they had found a pin reader attached to the cash machine at bank 1 and that he had probably been scammed

The police took a statement from my son and daughter

The police searched through the available CCTV

The police informed my son that a car pulled up to banks 2 and 3 at the times given by the bank for the attempts and withdrawal - a vehicle registration was obtained

This vehicle was detained by the police a couple of days later - inside the vehicle, several cash cards, card readers and scamming equipment was found within the vehicle - the two occupents were arrested and charged - they were also charged with several similar crimes in the local area - one of the two is now serving a jail sentance - for what crime I do not know

LLoyds are refusing to refund my son the £200 on grounds that he broke the terms of his account by giving his pin number out - even though it is proven that his sister did not take the money.

The police would not have even caught these two theiving toe rags if it was not for my son reporting it, saving the banks god knows how much money, and the bank will not even give him his money back

Please advise on how best to persue this

Thanks
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Comments

  • vintagegirl
    vintagegirl Posts: 769 Forumite
    Part of the Furniture 500 Posts Combo Breaker
    It's really up to the police now. The t&c of the bank account tell you you won't be covered for fraud if you divulge your pin
  • notts_phil
    notts_phil Posts: 1,087 Forumite
    Sorry but the bank are right.

    Nothing you can do. They sticking to the t n c's.

    If it has been your son he would have been refunded
    Hi, we’ve had to remove your signature. If you’re not sure why please read the forum rules or email the forum team if you’re still unsure - MSE ForumTeam
  • Macca83_2
    Macca83_2 Posts: 1,215 Forumite
    Unfortunately he won't get his money back. He compromised the security of his account by giving his sister the card and pin. She should not have been operating the card and it was done with the express permission of your son. The bank Will not accept any Responsibility.

    Actually in typing this, I've had a thought. Doesn't happen that often lol How old is your son? If he's under 16 perhaps the whole giving his sister his details could be explained as not properly understanding that he can't give out his pin and card?
  • DevCoder
    DevCoder Posts: 3,362 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    You will find it very difficult to pursue this, your son broke the T&C's by divulging his PIN number. You should never ever do this as it makes you totally liable for anything that happens with that card (even fraud).
  • mgdavid
    mgdavid Posts: 6,710 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Macca83 wrote: »
    ............
    Actually in typing this, I've had a thought. Doesn't happen that often lol How old is your son? If he's under 16 ..........

    post #1 >>My son, who was 17 at the time,
    The questions that get the best answers are the questions that give most detail....
  • innovate
    innovate Posts: 16,217 Forumite
    10,000 Posts Combo Breaker
    Put it this way - - your son has paid "only" £200 for learning you don't give your card number and PIN to anyone else (BTW, why did he ask his sister to get cash for him?). His sister will probably have learnt a lesson or two from it as well. And even you, and many of the readers of this thread, too.

    It could have been thousands he lost (back then, or at some stage in the future).

    Because he was happy (innocently, but still happy) to expose himself to a situation that gave him no protection whatsoever under the T&Cs he had signed when he opened his account.

    There's not much your son can expect from the bank - he broke the T&Cs he signed.

    Your son and daughter should take this experience to protect themselves from all sorts of frauds in the future.
  • Macca83_2
    Macca83_2 Posts: 1,215 Forumite
    mgdavid wrote: »
    post #1 >>My son, who was 17 at the time,

    Haha whoops, and that explains why i don't think that often
  • catokelly
    catokelly Posts: 355 Forumite
    Part of the Furniture 100 Posts Combo Breaker
    edited 8 June 2012 at 9:37PM
    I think the bank is just trying to wriggle out of this. The fact is that the security breach was due to the device being on on the ATM regardless of who was using it.

    Im sure many people give their pin to close family members such as parents, brothers, sisters without expecting something like this to happen.

    If it was me, i would not accept the bank's explanation, they could at least give it back to the kid as a goodwill gesture, as you said if it wasnt for you reporting it to the police, the atm fraud would have continued. £200 is a drop in the ocean to them! Contact your local papers or even the Sun, that'll put the pressure on them!
  • innovate
    innovate Posts: 16,217 Forumite
    10,000 Posts Combo Breaker
    catokelly wrote: »
    Im sure many people give their pin to close family members such as parents, brothers, sisters

    That may be so, but it is against the T&Cs

    Appealing to the tabloids about this case is just silly.
  • YorkshireBoy
    YorkshireBoy Posts: 31,541 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    catokelly wrote: »
    The fact is that the security breach was due to the device being on on the ATM regardless of who was using it.
    The primary 'security breach' was the divulging of the PIN. Without this breach the secondary breach may not have occured.
    Im sure many people give their pin to close family members such as parents, brothers, sisters without expecting something like this to happen.
    More fool them then! Perhaps some of them, on reading this tale, will not do so in future.
    they could at least give it back to the kid as a goodwill gesture

    £200 is a drop in the ocean to them!
    As a bank shareholder, I'd rather they didn't adopt that practice (for cases such as these)!
    Contact your local papers or even the Sun, that'll put the pressure on them!
    Don't be daft! :) With publicity like that, if they were to refund, the papers will report that fact (as a publicity stunt for themselves). I'd imagine that would open the floodgates to further claims for 'goodwill' citing this precedence.

    If you search the FOS website there have been rulings on similar cases...and the banks are rarely, if ever, held liable.
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