Fraud on newphew card

RoxRoxBling

I was about to say the same as LEEW1231. How would the bank allow the account to get overdrawn at that amount. But from the tranactions you've stated, you say that the £15 deposit on the 4th May is not disputed however the transaction on the same day not even an hour later has been disputed, in addition you say later that he did not credit the account £15. But as the disputed transactions are carried out on the friday, saturday, sunday, monday tuesday, I could understand that because of it being a weekend the outgoing funds have not been cleared, therefore a transaction on a saturday takes a few working days for the money to come out of the bank.

In addition, when ever you get a bank statement and you have made a pin and chip transaction you can view the last four digits of the card that was used. And fancy using somebody elses card to spend £900 on petrol - Classic!!!

Any how, personally I would complain to the Financial Ombudsman Service, telling them exactly what happened, and what the bank needs to do to put things right. the Financial Ombudsman will look at both sides and most of the time there involvment has a positive result!

jonesMUFCforever

You don't spend £900 on petrol - you put some petrol in and the rest is on high value goods from the petrol station shop such as alcohol and cigarettes.
These are then easily sold off and converted to cash.

meer53

jonesMUFCforever wrote: »

You don't spend £900 on petrol - you put some petrol in and the rest is on high value goods from the petrol station shop such as alcohol and cigarettes.
These are then easily sold off and converted to cash.

Not necessarily true. I have dealt with fraud cases like this, a transit van was equipped with huge tanks. The card is used numerous times for small purchases, then the petrol is transferred to the tank in the larger vehicle and sold on for profit.

jonesMUFCforever

meer53 wrote: »

Not necessarily true. I have dealt with fraud cases like this, a transit van was equipped with huge tanks. The card is used numerous times for small purchases, then the petrol is transferred to the tank in the larger vehicle and sold on for profit.

How do you get past the maximum of £99 per visit (Tesco have this limit)?

worried_jim

jonesMUFCforever wrote: »

How do you get past the maximum of £99 per visit (Tesco have this limit)?

Err, because they make lots of visits for under £99- as the post states.

jonesMUFCforever

worried_jim wrote: »

Err, because they make lots of visits for under £99- as the post states.

Yes - sorry missed that.:o

dalesrider

Leew1231 wrote: »

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?

These type of transactions authorise for a max of £2.00 If made at a pay @ the pump. (In europe they authorise for the max avaiable to spend)
So that amount of transactions would easily go through over a weekend.

Why did he feel the need to not tell the truth though. If he has lied about one thing, who is to say he is not lieing about other things.
Sadly to me it sounds like nephew is either too scared to admit what has really happened to his card or has been involved all along in some way.

starM

Hi, Per my previous message i requested call recording in which my nephew confirmed he had the card and used it. Received a response from the bank:-

The Bank does not provide customers with recordings of telephone calls, however we will provide calls to Financial Ombudsman Service should they request to do so.

I confirm no further correspondence will be entered into while your claim is being reviewed by the Ombudsman.

I am write in saying under Data Protection Act my nephew has a right to see any the information held at HSBC relating to his account and HSBC cannot refuse to provide the information?

MS

thumshie

Have you already gone to the Ombudsman?

Just my $0.02 and by no means any area I know in detail. But:

http://www.ico.gov.uk/for_organisations/data_protection/the_guide/exemptions.aspx

under the 'Regulatory activity' section there is a link to a pdf
http://www.ico.gov.uk/for_organisations/data_protection/the_guide/~/media/documents/library/Data_Protection/Detailed_specialist_guides/regulatory_activity_exemption_section_31_guidance.ashx

this states on page 6:

Example
A bank receives a complaint about the service it has provided to a customer. It carries out an internal investigation into the matter and advises the customer of its conclusions.
The customer is not satisfied and refers his complaint to the Financial Services Ombudsman. The Ombudsman then asks the bank for details of its internal investigation to assist in his investigation of the complaint. The bank supplies the Ombudsman with copies of the information it has gathered.

Although an organisation would not normally consider this information to fall within the scope of section 31, this exemption may become relevant if the information is referred to the regulator, or copied to a regulator in order to assist in the performance of its formal regulatory functions. If the regulator can withhold personal data in response to a subject access request because it is likely to prejudice the discharge of its regulatory function the originating organisation also will be able to so the same. Failure by the originating organisation to withhold data might allow a data subject (who would be refused access to the data if he approached the regulator) to circumvent the provisions of the DPA by simply obtaining the data from the originating organisation instead. It is therefore important that organisations are cautious with information being used by regulatory bodies to carry out their functions. However, an organisation cannot rely on section 31 to withhold information on the basis that it might, in the future, be used by the regulator.

Also, I believe one of the main exemptions of providing under the DPA is if they think a criminal activity has occurred - perhaps they view your claim itself as attempted fraud against them??

jamesd

If a Subject Access Request is submitted the bank must respond to the SAR even though the matter is with the FOS. It is to be expected that consumers involved in disputes will be more likely to use SARs.

One of the interesting aspects is whether the bank made it clear during the call that they had reason to believe that the card was missing. Else he could have replied that he still had it based on an incorrect belief that it was still in his possession based on the last time he knew that he had it.