Fraud on newphew card

SnowTiger

innovate wrote: »

I am sorry to say, but the bank's latest response sounds somewhat convincing. You have done the correct thing to ask for a copy of the recording of the May 6 telephone call - this looks the only remote chance you still have to challenge the bank's position

Yes, I think this will hinge on the phone call.

It seems a bit odd that the nephew says he can't remember receiving the call.

I'd certainly remember such a call—any call—from my bank.

If someone asked me if I'd received a telephone call from my bank during the past two month I'd reply with an unequivocal no.

Yorkie1

Has the bank confirmed which phone number it spoke to the person on?

Is it your nephew's number?

If not, how did they have that number? Did it relate to a previous phone of your nephews? Anyone else in the family? Did the bank receive a request on the account to change the listed phone contact number?

If the number relates to your nephew's phone, and there's no suggestion that someone else had the phone at the relevant time, and the voice on the phone call isn't definitely someone else, then the evidence does rather start to stack up albeit circumstantially.

innovate

Yorkie1 wrote: »

If the number relates to your nephew's phone, and there's no suggestion that someone else had the phone at the relevant time, and the voice on the phone call isn't definitely someone else, then the evidence does rather start to stack up albeit circumstantially.

If the phone wasn't answered by the nephew, there still remains the question how the person(s) who used the card got to know the PIN.

Yorkie1

True; it's just another thing which the OP's nephew will have to rebut when making his complaint to the bank / FOS (initials correct? it's late!)

terryw

mike40004 wrote: »

it could be the nephew using the card but is scared he might get in trouble

Or nephew's "friends" bullying or threatening him.

starM

Hi, Thanks for all your replies.

So far the replies I had and the letter from HSBC it seems we have very low chances of success through FOS.

My brother in law has spoken with his son and he confirmed he had a telephone call from HSBC asking if the card was in possession. It was very early in the morning. Normally he do not look at the card he needs to withdraw the money - He said yes to the adviser without looking at his card. I know he is complete fool.

We will try to FOS and see what they say. What about the interest charge - will HSBC stop that until decision is made or will that continue to be charged? If it continues then it might be best to pay the balance off and continue to fight the case - what would you say.

Thanks for all ur inputs.

terryw

starM wrote: »

Hi, Thanks for all your replies.

So far the replies I had and the letter from HSBC it seems we have very low chances of success through FOS.

My brother in law has spoken with his son and he confirmed he had a telephone call from HSBC asking if the card was in possession. It was very early in the morning. Normally he do not look at the card he needs to withdraw the money - He said yes to the adviser without looking at his card. I know he is complete fool.

We will try to FOS and see what they say. What about the interest charge - will HSBC stop that until decision is made or will that continue to be charged? If it continues then it might be best to pay the balance off and continue to fight the case - what would you say.

Thanks for all ur inputs.

Oh dear. The young man has now remembered this phone call. What else has he forgotten?

Yes, pay this to avoid charges. But what do you "fight" the case with?

starM

So basically if balance is cleared then their is no case to run as we have accepted the liability?

innovate

You could probably pay it off "without prejudice" (recorded letter to bank) - though you'd need to ask a lawyer what the legal position is. In any case, as long as you do not pay off the debt, the interest, and charges, will keep accumulating. And it looks there's a good chance your nephew will have to pay it all.

I am afraid, it doesn't sound like it's looking good at all for your nephew, given that he now remembers a call from the bank "very early in the morning", and confirmed the card was in his possession at the time. When you get the phone recording, you will most likely hear for yourself that the bank did not just simply ask "is your card in your possession". They are likely to have asked for the last 3 digits on the back and or start/expiry date - - information which most people do not have readily to hand unless they are actually looking at the card at the time. The bank will most likely also have asked about recent transactions.

Even if your nephew has credible explanations for what he told the bank when they called him, the question remains how the alleged fraudsters knew the PIN. May be they blackmailed him?

Leew1231

starM wrote: »

27/04/12 ATM Cash lloyds £20 at 13.07 (Not disputed)
04/05/12 at 15.24 Credit paid in £15 (Not disputed)
04/05/12 at 16.17 £100 Morrison Patrol
04/05/12 at 16.35 £75.21 Asda Patrol
04/05/12 at 17.01 £23.79 Asda Patrol
05/05/12 at 00.44 £99.00 Asda Patro
05/05/12 at 19.50 £100 Morrisins Patrol
05/05/12 at 19.42 £98.94 Shell
06/05/12 at 00.03 £28.93 Asda Patrol
06/05/12 at 00.39 £70.07 Asda Patrol
06/05/12 at 15.24 £100 Morrisons Patrol
07/05/12 at 00.41 £70 Asda Patrol
07/05/12 at 00.24 £29.00 Asda Patrol
08/05/12 at 3.20 £19.00 Asda Patrol
08/05/12 at 4.44 £79 Asda Patrol

I don't understand how all these transactions were allowed if it was overdrawn?

I read that the ­­$15 that was deposited put the account back in the black after a refused attempt at removing $10.

But then they allow all of those fuel transactions? Maybe one or even 2 at a push. But surely then it would decline if the account is going further overdrawn?

(Excuse the $ symbols, I am in Australia on a Aus keyboard).