Debit Card Fraud

STomlinson

jacques_chirac wrote: »

Why do you not want to pursue it via the police?

Oh sorry that's what I meant

jacques_chirac

STomlinson wrote: »

Oh sorry that's what I meant

In that case, get on the phone to them! You're not helping yourself at the moment, you're waiting for the bank to do something when it is you that needs to take action.

The police don't tend to do a great deal in these cases, so you will need to (politely) push them. Make sure they have a list of where the card was used and ask them to contact the shops and get the CCTV. In fact I would go to your local police station tomorrow and speak to someone face to face.

dalesrider

STomlinson wrote: »

- My card has been used without my authorisation
- My PIN number which was ordered never arrived
- The debit card disputes team on several occasions tried to put words in my mouth as to speculating how I lost my card, who may have used it, etc.
- According to the Payment Regulations it is the banks responsibility to prove authorisation, and prove gross negligence - both of which they are unable to do. It is not my responsibility to prove that I did not authorise the transactions.

PSD gives banks the right to withhold refunds. We have to get approval to do this.

As I deal with this type of fraud. I can say that if you spoke to me you also would NOT BE getting a refund pending any investigation.
Reason being that you cannot give any idea as to what has happened.
As you are the keeper of the card. You are expected to know what has happened to it.
Fact is they know that your card (can tell in a ATM when a chip is read) and your new pin was used.
So on balance, then the PIN was delivered to your address and then taken along with the card.
You need to look at who may have had access to your post and would also then be able to take the card.
Forget about someone intercepting it and then coming to your house to take card. Far too bigger risk for no known reward.
Whoever took it is known to you or someone else in the family. Do you have kids who bring friends round?

STomlinson wrote: »

I have absolutely no idea where my card is, I have never received the PIN code that was issued by the bank and the card has been used fraudulently.

This is the crux of the matter you need to think long and hard (and not LIE) about when and where the card was last used and kept. Then who may have access to it.

STomlinson wrote: »

- The post could have been intercepted or the PIN number letter sent to the wrong address and whomever found it would know my address and could have entered the property and stolen my card.
- A visitor to my house could have done the same thing
- It could have been a friend or family member who has used my card without my permission

Apart from the 1st option i'm 100% with you.

STomlinson wrote: »

- The PIN number could have been guessed

Clutching at straws here, that cuts no ice with the fraud teams...
Also a ATM can be checked to see what activity was on the card.
So PIN attempts, balance enquires etc.

STomlinson wrote: »

- There's a chance I lost my card on the Friday when I stuffed the morning post into my bag when on the way to work and I could have lost the card along with the PIN advice slip at the same time

So now maybe the pin advice was delivered then... Who would have had access to your pockets then?

STomlinson wrote: »

My argument isn't what has happened - I've contacted the police and requested the CCTV from the ATMs and also got a crime reference number so it's being investigated.

Well that's a good start.

STomlinson wrote: »

My issue is the Debit Card Disputes team that has all but accused me of being responsible for the fraud, tried putting words in my mouth, been patronising the whole time whilst I've lost £1,000 in a weekend which means this month I'll be struggling to eat, without having missed rent payments, bill payments etc.

Well given YOU cannot provide a explanation what do you expect. These types of stories are often heard and in 99.9% of cases it is someone know to the card holder.

STomlinson wrote: »

It seems as though the Payment Regulations mean that the bank must apply an immediate refund in this scenario. Regardless of speculation, they cannot prove that I was negligent and cannot prove I authorised the transactions. Am I right?

At the moment they have a dammed good case that if it went to FCA you would not win.

I fully understand that is not easy for you. I hate cases like this. But the number of times when someone has come with this type of story then comes back a few days later asking to withdraw the claim as they now know who did it and they no longer want to take forward as they are not prepared to let the police deal via the courts.

tom15387202

Banks will claim that if a PIN is used then it must be you or you have told someone your PIN. The system is infallible from the banks point of view. However it has been proven the the PIN system is !!!!!!!!.

However in this case -

You lose a card you never use at roughly the same time you request a new pin number - and you wonder why the bank won't help you. :eek:

True or not, its not my place to say though it sounds dodgy as !!!!.