Help unathorised credit card atm withdrawal

sydneydaze

I have had £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/stolen 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 with ombudsman?
What do I do next? How many other cards are they cloning and credit card company not interested?
Thanks in advance

FireWyrm

Is the bank confirming beyond doubt that your pin was used?

bengal-stripe

sydneydaze wrote: »

My card was definitely cloned and I am stuck with the bill and charges

How would you know the card was cloned?

If it wasn't you, the transaction might have been made by a member of your household who knew the PIN (maybe you have revealed the PIN previously to him/her).

sydneydaze wrote: »

I have had £250 taken from atm 20 miles from where the card was....

What do you mean with "where the card was". Wasn't the card with your person at the time?

sydneydaze

Yes the bank are saying correct pin used with card - the card was in my daughter's name on my account and she was at work with her purse with the card in over 20 miles away from atm and she used it for petrol which was rejected because I had then gone over my limit. I did not realise about the withdrawal until I got my statement. Halifax where the atm was used will not let me see any cctv only the credit card coy asda/creation can apply from the fraud dept and they do not seem interested in doing this. I know for a fact other banks/credit card companies would.

izools

I'm not making a personal judgment on your daughter in any way shape or form but if I had a second cardholder on one of my credit cards and the card company confirmed it was their card number that had the £250 cash withdrawal made on it with the pin I know where my finger would be pointing.

grumbler

sydneydaze wrote: »

...Halifax where the atm was used will not let me see any cctv only the credit card coy asda/creation can apply from the fraud dept and they do not seem interested in doing this. I know for a fact other banks/credit card companies would.

CCTV can only prove that it was your daughter. It doesn't prove/disprove anything if she asked someone to take the money from ATM with her card.

jacques_chirac

grumbler wrote: »

CCTV can only prove that it was your daughter. It doesn't prove/disprove anything if she asked else to take the money from ATM with her card.

Or if she left her bag unattended at work and her card was 'borrowed'. It happened to me many years ago - I got the money back but from the thief, not the bank.

opinions4u

It's strange how this sort of transaction always takes place within a relatively short distance of where the cardholder / family are.

sydneydaze

Quite honestly these judgments are being made very harshly and my daughter pays her own bills, there is no way the card could have been 'borrowed'. If I had access to the cctv it would prove who it was and I would have peace of mind. All I asked for was advice and guidance not pointing the finger. Do you honestly think I would be asking for advice on here? There is no other family!

chattychappy

sydneydaze wrote: »

Quite honestly these judgments are being made very harshly and my daughter pays her own bills, there is no way the card could have been 'borrowed'. If I had access to the cctv it would prove who it was and I would have peace of mind. All I asked for was advice and guidance not pointing the finger. Do you honestly think I would be asking for advice on here? There is no other family!

This is a very difficult situation. The banks do cling on to the idea that PIN used = card used by cardholder and/or someone in cahoots. Any admission to the contrary and the system would unravel. All kinds of people would be withdrawing money and then denying it.

I think Ombudsman is the best route - but look through some of their previous rulings. It is for the CC to prove the transaction happened (or there was cardholder fraud) rather than for the cardholder to prove there wasn't. I believe they have ruled that stating that the PIN was used is by itself not enough - the bank need to look at all the circumstances of the transaction.

People do doubt these stories. I had some phantom ATM withdrawals from my account some years ago. Turned out a card had been accidentally issued on my account rather than somebody else's. The withdrawals took place on the ATM at my branch, so it did look like it was me.

I remember a case on here where somebody swore blind that they hadn't made a particular withdrawal saying that they knew they hadn't because they never used CCs for cash. Turned out that the guy used the same PIN for all his cards and simply put the wrong card into the machine.

So aside from any "dishonesty" explanation, re-consider whether there is any chance of any innocent explanation (unlikely from what you say). Else press on with the ombudsman. Do keep the thread updated.

sydneydaze

Thank you for an honest and non judgmental post. This is very distressing for us because the town where the money was withdrawn has never been visited by us and cctv would prove that. If I could have access to that which I cannot it would help but the CC company do not appear to be taking this seriously. I know people do take money out and then claim they did not but this is worrying because if this car is clonable then they are doing it with others. If a new pin is not received do they send out the same pin again or issue a new one?
I need this for my peace of mind and will go to ombudsman - how will I be able to check previous rulings?
I wish there was another explanation but I have a very small family and there is no other possibility - I really do wish I could put this to bed. Can I ask the CC company what they actually did to investigate my complaint? Although they do not appear to have done anything other than decide no lost card/pin equals authorised transaction.
Thanks