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Help with creditcard fraud

In decedmber i had £190 of cash withdrawn from my credit card and i contacted capital one saying it was fraud they removed the tranactions and i filled in a fraud form and sent it back to them

this month i have received a letter saying amongst other things " An investigation into how this took place has been completed and from this we can confirm that your card was present and that your PIN was enetered to complete the tranactions. during the call, you confirmed that you were still in possession of your card so we would therefore ask you to check again"

upon calling them they are no saying the "uncloneable" chip was present and that these cash withdrawals that i didn't make are going to be added to my account because i was in possession of my card

these tranasactions wern't made by myself so where do i stand on this?
thanks
Samman

Sorry if this was long winded or hard to follow quite annoyed at time of typing :p

Comments

  • grumbler
    grumbler Posts: 58,629 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Apparently chip&pin cards are "unclonable" indeed.
    The most common explanation of such withdrawals is an unscrupulous family member / friend / colleague.

    Where was the ATM located?
  • I agree with grumbler.... it may have been someone close to home. Is your pin number written down anywhere?
    DEBTFREE AND PROUD!!
  • James
    James Posts: 2,059 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    edited 16 January 2013 at 10:52PM
    From the Daily Mail:

    The Financial Services And Markets rules, Payment Services Regulations (2009) clearly highlight that - by itself - the use of a card and the relevant correct pin is not evidence of complicit fraud or gross negligence.

    Click here for full articel:

    A similar article from the Guardia:

    Click here

    Maybe your best course of action is to contact the Media. (Just a suggestion as others have taken this course and succeeded.)

    Why contact Action Fraud; seek their advice? If you do, thentell us all what they say on this forum.

    Good luck.
  • meer53
    meer53 Posts: 10,217 Forumite
    Tenth Anniversary 10,000 Posts Combo Breaker
    James wrote: »
    From the Daily Mail:

    The Financial Services And Markets rules, Payment Services Regulations (2009) clearly highlight that - by itself - the use of a card and the relevant correct pin is not evidence of complicit fraud or gross negligence.

    Click here for full articel:

    A similar article from the Guardia:

    Click here

    Maybe your best course of action is to contact the Media.

    Good luck.

    Rubbish.

    The best course of action is to make a written complaint to the CC issuer.
  • Buzby
    Buzby Posts: 8,275 Forumite
    You don't say where the withdrawal was made or where you were on the time/date. If local to you, then the likelihood that the card was actually used at the ATM gains credibility.

    As to the amount - it is unusual. Ask whether earlier/later attempts were made and for what amounts, also ask for the card to be replaced with a NEW PIN in the meantime.
  • meer53
    meer53 Posts: 10,217 Forumite
    Tenth Anniversary 10,000 Posts Combo Breaker
    Another thing to think about - if there was available credit on the card, a fraudster wouldn't just make one transaction, they'd carry on until the card was declined. More info from the OP is needed.
  • dalesrider
    dalesrider Posts: 3,447 Forumite
    Did you report it to the police at the time?
    As they could have got any cctv from the area showing who made the transaction.
    Have you discussed the issue with faimly or anyone else you know who may had access to the card.
    Just because you think no one knows your PIN. Does not mean that someone who has been with you when you used a ATM or terminal in a retailer has not noticed it.
    Never ASSUME anything its makes a
    >>> A55 of U & ME <<<
  • patman99
    patman99 Posts: 8,532 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker Photogenic
    These so-called 'unclonable' chips can easily be cloned. A simple device can be attached to the front of an ATM that will read the chip of any card inserted into it, A hidden camera then records the PIN being entered.
    This type of skimmer is used by fraudsters throughout the UK.
    There was a BBC program about fraudbusters on last year & they followed the work of a specialist Police unit in London. They raided a house belonging to an Eastern European & seized USB card reader/writers, laptops, skimming devices & around 200 blank cards.
    The biggest surprise was that when they used a card reader supplied by the industry to check the blank cards, they discovered each one had a perfect clone of a genuine chip on it. In one case, one chip had been cloned 8 times & the cards even had the corresponding PIN written on them in black marker.
    Never Knowingly Understood.

    Member #1 of £1,000 challenge - £13.74/ £1000 (that's 1.374%)

    3-6 month EF £0/£3600 (that's 0 days worth)

  • The same thing has happened to me £250 taken from atm 20 miles from where the card was and the credit card company advised me to destroy card which I did at time of reporting it and now wish I hadn't. They say as I had card and pin not reported lost I am responsible under section 10.1 that card and pin should not be revealed to anyone. They will not check cctv at bank of atm and police not interested as bank matter. My card was definitely cloned and I am stuck with the bill and charges I complained and still got nowhere - has anybody had any success wit ombudsman?
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