Nightmare card theft abroad - please help or learn my lesson!

London_Son

Hi all,

Been a huge fan of this forum for a long time and finally found myself in a situation that requires some expertise from its audience!

Whilst on holiday in Europe this summer I was robbed at a cash machine in the most innocuous fashion. I withdrew some currency on my card, two chaps swiped it from me and made off in broad daylight on a busy street.

The next day I met up with a friend I had been traveling with, borrowed his cell phone and cancelled the card.

At this point I was informed it had been used since I make the withdrawal. A few small retail transactions and then various cash 'type' transactions (the card company wouldn't give me the details strangely - i think because it wasn't showing on their system yet). The agent I spoke with was very clear, these would be reported as fraud (I explained exactly what happened) and I would not be liable. He also told me I did not need to report this to the police in the country I was in.

On returning to the UK its been a very different story - the fraud team arn't interested because the PIN was used so its been forwarded onto the 'disputes team'.

My question is, do I have any position to claim back fraudulent transactions?

Does the fact I didn't report it to the police at the time because I was explicitly advised I didn't need to, affect my position?

Do I need to just swallow my medicine and accept that I should be more careful entering my PIN?

Can travel insurance help?

A lot to worry about


All contributions welcome.

meer53

You'll probably find that your card issuer will be reluctant to refund you as you didn't report the card stolen straight away. Why didn't you ? Did it not worry you that they might use your card ? Especially as they had probably seen you input your PIN number ?

Check your account terms and conditions, it usually says that you should report your card missing as soon as you are aware of it. Where i work, you would not be refunded as you could have prevented the fraud (or at least some of it, depends how quickly they used the card)

Dunroamin

How can you be robbed in "an innocuous fashion"?

opinions4u

I'm sorry, but failing to report the theft to the card company for 24 hours is grossly negligent.

Unless you can show that you were unable to (such as being unconscious, hospitalised etc) I don't see why the card issuer should refund.

A hint of trollism here.

societys_child

It's been a while since I was in France but one thing I remember is, every bar and cafe etc had a phone for public use. A meter behind the bar showed the call cost. Waiting until the following day to use your friends phone doesn't add up.

magpiecottage

Dunroamin wrote: »

How can you be robbed in "an innocuous fashion"?

A malapropism I suspect.

However, FSA rule BCOBS 5.1.12R(1) says

"a firm may, in an agreement for a retail banking service, provide for a banking customer to be liable for an amount up to a maximum of £50 for losses in respect of unauthorised payments arising:

(a) from the use of a lost or stolen payment instrument; or

(b) where the banking customer has failed to keep the personalised security features of the payment instrument safe, from the misappropriation of the payment instrument."

So the OP's limit would be £50.

There is provision for full liability until the bank is notified if the customer has acted fraudulently, intentionally or with gross negligence but the onus would be on the bank to prove it and that would be very difficult.

thewad

You didn't report it the same day?
How they get your PIN?

DCFC79

thewad wrote: »

You didn't report it the same day?
How they get your PIN?

I hazard at a guess that the 2 were watching over his shoulder.

dealer_wins

Got to be a wind up. Or someone who really shouldnt be issued with cards or even cash for that matter!

DCFC79

London_Son wrote: »

Hi all,

Been a huge fan of this forum for a long time and finally found myself in a situation that requires some expertise from its audience!

Whilst on holiday in Europe this summer I was robbed at a cash machine in the most innocuous fashion. I withdrew some currency on my card, two chaps swiped it from me and made off in broad daylight on a busy street.

The next day I met up with a friend I had been traveling with, borrowed his cell phone and cancelled the card.

At this point I was informed it had been used since I make the withdrawal. A few small retail transactions and then various cash 'type' transactions (the card company wouldn't give me the details strangely - i think because it wasn't showing on their system yet). The agent I spoke with was very clear, these would be reported as fraud (I explained exactly what happened) and I would not be liable. He also told me I did not need to report this to the police in the country I was in.

On returning to the UK its been a very different story - the fraud team arn't interested because the PIN was used so its been forwarded onto the 'disputes team'.

My question is, do I have any position to claim back fraudulent transactions?

Does the fact I didn't report it to the police at the time because I was explicitly advised I didn't need to, affect my position?

Do I need to just swallow my medicine and accept that I should be more careful entering my PIN?

Can travel insurance help?

A lot to worry about


All contributions welcome.

I would have reported the theft to the local gendarme, polizei etc at the time ?
Why wait till the next to make the call ?
The fact your card was stolen should have made you sort it out by going to the police and contacting the CC company to report it, might have stopped some of the transactions going through and the 2 may well have been caught.

DCFC79

dealer_wins wrote: »

Got to be a wind up. Or someone who really shouldnt be issued with cards or even cash for that matter!

I go with the latter