Credit Card used 300 miles away and Sainsburys Bank says tough !

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Has anyone had this problem? My credit card was used 300 miles from where I live in a 'legitimate chip and pin transaction' and Sainsburys Credit Card fraud department have basically said tough. Your card, your pin.

I used my card twice that day and its on the statement, clearly showing I was in my home town so what can I do? I have stopped the cards and the new cards. I have made a complaint about the way I was treated on the phone, it was flippant and uncaring. So now what? the complaints dept will evidently ring me tomorrow but thats just a complaint, I dont want to have to fork out for someones shopping 300 miles away !!

Any advice please? Sainsburys not-politely suggested I contact ASDA where the card was used but what will that do? Do I have any rights?

I am reading this back and its as bizarre as it reads !!

(also have posted this in another forum but more experienced forumers suggested this was a more likely place for a response, many thanks)
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Comments

  • meer53
    meer53 Posts: 10,217 Forumite
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    Sometimes, transaction descriptions on statements can be wrong. What you should look at is the amount and whether you have spent that amount at an Asda store recently. It could also be an old transaction (may be weeks or even months ago) which has only just been debited. If you have your receipts, check them against your statement.
  • Buzby
    Buzby Posts: 8,275 Forumite
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    Assuming this is not a 'card not present' transaction, get hem to provide all details of the disputed transaction - if the card was used WITH PIN (not swiped) then the onus falls on you, unfortunately.
  • scootw1
    scootw1 Posts: 2,165 Forumite
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    I would say you have a very strong argument if the card was used in one place 300 miles from the other place and the times show you could not possibly have travelled there in that time and you only have one card and not a joint one like some people have. Point out you are not superman or ask if they could travel the distance in that timespan and see what they say.
  • antrobus
    antrobus Posts: 17,386 Forumite
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    ....Any advice please? Sainsburys not-politely suggested I contact ASDA where the card was used but what will that do? Do I have any rights? ...

    You have the right to take your complaint to FOS if not satisfied with the response from Sainsbury's.

    As far as the FOS are concerned, the "consumer’s whereabouts at the time the disputed transaction took place" as in "300 miles away" is one of the factors they take into account.

    Have a look at case 89/05 where Mr H got his £150 back.
    http://www.financial-ombudsman.org.uk/publications/ombudsman-news/89/89-banking-complaints.htm
  • dontgetcrossgeteven
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    thanks for your replies, the card was used in Gwynedd in Wales while I was in South London. I have been pointed in the direction of a piece of banking law
    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.
    Instead, banks must thoroughly investigate each case of alleged chip-and-pin fraud to clear the customer of guilt. They must be prepared to hand over evidence of alleged gross negligence or fraud to the customer

    But - this evidently is aimed at debit cards, credit cards are treated differently. So, we shall see. What was really upsetting though, what really made my eyes a bit sparkly is the way the Sainsburys customer service lady brushed me off. Like I was a fly. I will await their call tomorrow, without much hope of any redress there, then take it up with them higher, then the Ombudsmen I guess, ho hum, totally totally innocent, and travel 300 miles in an hour? with not a jet pack or private plane in sight....
  • dontgetcrossgeteven
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    Antrobus, thanks for that it popped up while i was writing, it is most useful and I will be using this in the event I have to go down that route, poor old boy, he must have been worried sick. And i actually believe that this is a mistake, that somewhere there has been a blip. If you went to all the bother to clone, get the number etc etc would you dis-honestly just take £88 worth of groceries from an ASDA shop??? 300 miles away?
  • meer53
    meer53 Posts: 10,217 Forumite
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    Antrobus, thanks for that it popped up while i was writing, it is most useful and I will be using this in the event I have to go down that route, poor old boy, he must have been worried sick. And i actually believe that this is a mistake, that somewhere there has been a blip. If you went to all the bother to clone, get the number etc etc would you dis-honestly just take £88 worth of groceries from an ASDA shop??? 300 miles away?

    Which is why it's probably a genuine transaction with the wrong description on. Would you normally spend £88 at Asda ?

    When Sainsburys call you back tomorrow, get the actual transaction date from them, not the date it debited your account. Transactions usually debit a couple of days after they're made but can sometimes take much longer to come through. If they're processed manually on to your account, it's easy for the wrong description to be applied.
  • paulofessex
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    OP, it is also very important that if Sainsburys bank tell you to cut up the card, DO NOT cut through the sim. That is the only thing that can determine if your card was indeed used.

    There was a programme regarding this issue, will try and find the link.
  • Bosie
    Bosie Posts: 1,218 Forumite
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    There are quite a few reported incidents on the web where there is 'shouldering' crime. They stand very close to you at a supermarket and note your pin. Then the distraction part, they ask you if you have dropped some money.. This is where the card is stolen and they have a binge on your card.

    This happened to my friend in a well known supermarket and She was distraught. It was their debit card that was used, they got up to the limit from an ATM and then went shopping getting £50 cashbacks..

    After the fraud dept ringing they did reimburse the stolen money back. That was a relief, but she won't go in this supermarket again.
    Really had an affect even though this was a few months ago.

    Could this of happened to you?
  • Maestro.
    Maestro. Posts: 1,518 Forumite
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    Buzby wrote: »
    if the card was used WITH PIN (not swiped) then the onus falls on you, unfortunately.

    I thought it was only your fault if you deliberately disclosed your pin to anyone - or did something ludicrous like writing it on the credit card. Otherwise, some geezer could peek over my shoulder then beat me up outside the shop, take my card and go on a spending spree with my pin and I'd be liable, which I can't see happening.
    Oh, you wee bazza!
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