Card Skimming what are my rights?

MilgramsMate

HI I'm really hoping someone can help me.

My debit card was retained by the cashpoint of a major High Street bank after I requested a mini statement. The next day I went into the branch and they told me that the card had been shredded as it had been cancelled (which It hadn't). They said they'd send me a new card. A few days later I received a letter saying that I'd gone overdrawn (I had about £800 in the account). Of course this was a shock to me so I rang the banks fraud department. They told me that they couldn't raise a case as who ever made the transactions had my pin number. I then went on to contact Action Fraud so the police will (hopefully) have been informed. After this I contacted the banks fraud department again giving them the crime number and they mentioned sending me documentation to isolate the unauthorised activity. I'm worried, really worried, that the banks will try to wriggle (by not raising a fraud case) despite the fact they admit receiving the card and shredding it!. What are my legal right for redress for the amount lost?

agrinnall

Can you clarify, are the bank saying that your card was retained because the account had already gone overdrawn, or was it retained and then subsequent activity had taken the account overdrawn?

dalesrider

This should be in the banking section....

WHY DID YOU NOT CALL YOUR BANK TO REPORT THE CARD LOST WHEN IT WAS RETAINED?

You need to provide a lot more detail.
Who do you bank with?
Which bank ATM was it?

If its not the same bank they will not contact your bank and stop the card. They expect you to do that.... Straight away.....
Even if it was the same bank. They would not send out a new card till they have spoken to you.

Where did the fraud take place?

I find it hard to believe that a card retained in a ATM and used for fraud is then used again in the same ATM and retained again to be destroyed by the bank.
Fraudsters are not that stupid......

How do you know the card was not destroyed by the bank?

Your bank is also wrong that you cannot raise a fraud case.
That is your right.

In theory YOU could be held LIABLE as you FAILED to inform the bank when the card was out of your possession....

MilgramsMate

Thanks agrinall, the card was retained and subsequent activity took me into overdraft.

The ATM is owned by the same bank yes.

No Dalesrider I think there is some confusion here.

I put my card into ATM.

The ATM holds card.

I go into branch the next day. They tell me the cards been shredded because it's been "cancelled" and then tell me they'll order me a new one.

The old card that's been swallowed consequently has unauthorised activity against it over the next few days. Firstly from a cashpoint unconnected to the one to which my card was retained (different bank, different area of town), then at shops using chip and pin some 15/20 miles away.

My new card has arrived and appears to be fine.

The card was retained once, following this retention the unauthorised activity commenced.

I don't know that the card wasn't destroyed by the bank.

I don't want to expose the particular bank is hopefully it's an ongoing legal case.

I hope that explains the situation.

agrinnall

Given what you say I see two possible scenarios:

1) Somebody with access to the ATM takes your original card and uses it fraudulently - problem, they wouldn't have the PIN unless they also had a device on the ATM to record it, was there any sign of anything when you used the ATM?

2) Your card was skimmed elsewhere and the PIN recorded, and the use is entirely unconnected to the original card retention - problem, do fraudsters have the technology to encode the chip on a fake card?

More questions. Have you double checked that there were no fraudulent transactions before the card was retained? Why was the original card retained? Did you ever get a replacement card? If so, was it the same number as the original one? If you didn't get one, have the bank said whether it was actually sent?

MilgramsMate

Hi Agrinnal thanks for your help,

I didn't see any obvious problems with the ATM when I used it.

I've received my new card with a new card number. The reason the card was retained according to the bank with that it was cancelled. No such cancellation occured.

The unauthorised transactions took place after the card had been withheld.

I've read of examples of devices sending pin numbers via text from a component on the skimming device so I should imagine it's easy to encode the account information onto the magnetic slip of a blank card

MilgramsMate

I think I'm going to have to issue a Subject Access Request to clarify this cancellation as well as the cards destruction, also to form an audit trial on the unauthorised useage.

dalesrider

MilgramsMate wrote: »

I've received my new card with a new card number. The reason the card was retained according to the bank with that it was cancelled. No such cancellation occured.

You can only receive a new card when the old is cancelled. Unless it is a damaged/replacement card that is due to expire.

MilgramsMate wrote: »

The unauthorised transactions took place after the card had been withheld.

Would point to a Lebanese loop. But that would mean that the bank could not destroy the card. And it would not show as retained on their systems.

MilgramsMate wrote: »

I've read of examples of devices sending pin numbers via text from a component on the skimming device so I should imagine it's easy to encode the account information onto the magnetic slip of a blank card

UK atm's will not dispense cash to a C/F card if the card has a chip on it.
C/F cards do not have chips on them.

As someone who deals with this stuff day in day out. Sorry but your story is not stacking up at all.

Before any legal route you need to explore the banks complaint procedure. Then follow this up with the FCA if not resolved.

MilgramsMate

"UK atm's will not dispense cash to a C/F card if the card has a chip on it.
C/F cards do not have chips on them."

What technology is infallible ? after all there is a lot of money to be gained.

However the !!!!!s have done exactly it ,I'm £800 down, and feeling extremly saddened by that.

Thanks for all your help.

dalesrider

MilgramsMate wrote: »

"UK atm's will not dispense cash to a C/F card if the card has a chip on it.
C/F cards do not have chips on them."

What technology is infallible ? after all there is a lot of money to be gained.

However the !!!!!s have done exactly it ,I'm £800 down, and feeling extremly saddened by that.

Thanks for all your help.

Well the bank can tell when your card is used in a ATM.

That is all I will say as other info I could add could cause you further issues.
You have given the fraud team your story.
They will look at it and the info they can gain from the systems. The yare also well used to picking up the known fraud events.

If you now start changing your story. It will only make you look more guilty.

Maybe you are not putting across what has happened very well. Many people find it hard to convey what has happened in writing, while can easily relay the same account with no issues while telling someone.

End of the day. If you are not happy with the result. You can raise a complaint and get it looked at again.
They then have 8 weeks to resolve the issue. If not resolved at that point. You have the right to let FCA look at it and give their result on the case.

wealdroam

dalesrider wrote: »

UK atm's will not dispense cash to a C/F card if the card has a chip on it.
C/F cards do not have chips on them.

Dalesrider, what's a C/F card?

Without knowing that, I find it difficult to understand those two sentences.