Help unathorised credit card atm withdrawal

grumbler

sydneydaze wrote: »

...This is very distressing for us because the town where the money was withdrawn has never been visited by us and cctv would prove that.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.

OK. You see the CCTV and it's some person unknown to you taking money. What does this prove?
Does this prove that your daughter is innocent? No way. Neither does it prove that she is guilty though.

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.

Apparently the chip can't be cloned.

If a new pin is not received do they send out the same pin again or issue a new one?

What new pin?

Can I ask the CC company what they actually did to investigate my complaint?

Unfortunately, such cases are virtually impossible to 'investigate'. And, until it is proved that chip can be cloned, there is no anything to investigate really.

sydneydaze

I know when I originally received the card a long time ago the pin was not received and I had to request it again - do they generate a new pin or do they send the same one out again?

It proves that I would be able to see who took the money out - would you not want to know who took the money if it happened to you? I hope it doesn't happen to you as you would understand my side of it.
It might not sound like a lot of money but it is to us and important to find out details instead of just being told it happened that's it.
I am sick of the system winning all the time and innocent people just having to accept loss without full explanation.

Thrugelmir

sydneydaze wrote: »

II am sick of the system winning all the time and innocent people just having to accept loss without full explanation.

Without "rules" then phantom withdrawls and transactions would be common place. Has to be something to be investigated first.

lisyloo

Have you gone through the formal complaints process?
If you have then go to the ombudsman ASAP. It's free and will only cost you paper and stamps.If you haven't then start it now.
I believe it's up to the bank to prove you were negligent not the other way around.

The reason why this might look suspicious is that:
1) It was relatively close to where you live
2) The person ONLY took £250 before you got your statement (a thief unknown to you should have taken the max each day until the card was stopped).
I am not implying anything just explaining their logic.

However I believe it's up to the bank to show you/your daughter were negligent.

Yes I've had good success with the ombudsman. They are independent and will will uphold the law. The only downside is that it might take months.

In the meantime perhaps ask your daughter if she can think of ANY explanation at all - does she have her PIN written down? could anyone have taken her purse and returned it? Has anyone watched her take money and could have seen her PIN?
I would expect a thief to take £250 per day, why wouldn't they?

P.S. I always cover my hand when entering a PIN in case there is a camera installed on the ATM.

mywifenow

Some really sound advice there, Lisyloo, though on one of your comments...

lisyloo wrote: »

I would expect a thief to take £250 per day, why wouldn't they?

...if someone (maybe a work colleague of the daughter, who might have witnessed her using said card/PIN at an ATM) had briefly 'borrowed' the card, they would only have a limited window in which to make a single withdrawal before having to return it to the daughter's purse to avoid discovery.

I wholly agree with you that it should be pursued through the ombudsman as the CC company will stand their ground until the complainant gets some official help on their side.

Best of luck.

sydneydaze

Thanks for your reply Lisyloo I did complain to Adsa/Creation and they still stand by Section 10.1 that I must have let somebody use the card/pin. My next step is the Ombudsman which is why I came on here.
Our cards are only used for petrol purchases at Asda and sometimes other purchases online. After a large purchase I made my account was near the limit which is why I think only £250 has been taken out as this took me over and incurred further charges. Which in a way may be a blessing as otherwise they may have had a lot more.
We never use CC for cash it was mainly to get the 1p off every litre of fuel and to protect purchases.
That is also what gets me the fact that it is not far from home but the card could not have been 'borrowed' as my daughter is very responsible and careful like that. She is well paid and would not need to draw cash like that also it is somewhere we have never been.
Could you possibly give me some idea of what to write in my letter to the ombudsman please?
I totally agree with your comments and would say the same to be careful which we always are which is why cctv would answer if we knew the person or not.
Thanks

DCFC79

sydneydaze wrote: »

She is well paid and would not need to draw cash like that also it is somewhere we have never been.

You have said this twice now, how are the CC Co to know you haven't visited said place before.

sydneydaze wrote: »

Could you possibly give me some idea of what to write in my letter to the ombudsman please?

Google financial ombudsman and click on the link for the FOS and click on the bit about complaining. You need to complain to THe CC first though and give them 8 weeks to look into it.

You say you complainaed but was it in writing or over the phone ?

dalesrider

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.

Would they..

We do not have a right to request CCTV. Only the police have this right.

You claim cloned card.
You are aware that UK ATM's are set that if a card has a chip on it and a cloned card is entered (they do not have a chip) it will not work.

You need to go back to the police and report it as a crime. They will then be able to gain the cctv if its available.

That is also what gets me the fact that it is not far from home but the card could not have been 'borrowed' as my daughter is very responsible and careful like that

How can YOU be sure that it has not been taken and replaced?
TBH. It should be your daughter reporting it to the police, with you with her.

lisyloo

Could you possibly give me some idea of what to write in my letter to the ombudsman please?.

Just state the facts.
Cards were never out of your posessions, PINs were given to no-one and were not written down. You haven't been negligent.

You have said this twice now, how are the CC Co to know you haven't visited said place before.

The point is the CC company have to prove it.
It's not for sydneydaze to disprove it.

DCFC79

lisyloo wrote: »

The point is the CC company have to prove it.
It's not for sydneydaze to disprove it.

Yes sorry, dont know why I said that.