Card Fraud- Nationwide refusing refund

dano24

If you raise as a complaint with Nationwide they should investigate it a little further; just outline that you don't think you should suffer because they can't locate information to corroborate their story and that you would like the funds to be credited to your account. If you are not happy, escalate to FOS.

I would, from personal experience, find the address/email of the CEO and contact directly. You tend to get a much prompter service from any Executive Complaints dept

pmduk

Whilst I'd have noticed the transaction within a day or two, I'd hate to criticise someone for finding a transaction when checking the monthly statement. As suggested already, go down the formal complaint route.

mgdavid

Meadow9 wrote: »

........ What they're saying is that the merchants can't locate an order by card number so because nothing been delivered to his address they can't trace the transactions.
........!

tell him to tell the bank to tell the merchants to trace the transactions by amount and date, (and if several the same amount then by card number within that ), details which the bank can provide.

magpiecottage

Draw Nationwide's attention to FCA Rule BCOBS 5.1.11R, which says:

"(1) Where a banking customer denies having authorised a payment, it is for the firm to prove that the payment was authorised.
(2) Where a payment from a banking customer's account was not authorised by the banking customer, a firm must, within a reasonable period, refund the amount of the unauthorised payment to the banking customer and, where applicable, restore the banking customer's account to the state it would have been in had the unauthorised payment not taken place."

In other words, it is not for you to prove you didn't authorise it but for Nationwide to prove you did.

They only have to prove on the balance of probability, not beyond all reasonable doubt but if nobody can locate the transaction that may be difficult.

zagfles

Meadow9 wrote: »

Hi I'm in need of some advice regarding my partners nationwide debit card, he recieved his bank statement on Saturday and realised some fraudulent transactions had taken place, there were 3 in total all from sports retailers and were bought online, these happened at the beginning of August all within a week and almost £300 worth of transactions in total. He has never bought off any sports retailers in the 3 years he has held this account so knew straight away they were fradulent.
He rang nationwide immediately and explained the situation and they said they would investigate and if they were fraudulent he would be refunded. Today however he has recieved a letter saying after investigation they do not believe the transactions are fraudulent and so will not be refund any of the money. What they're saying is that the merchants can't locate an order by card number so because nothing been delivered to his address they can't trace the transactions.

The banks do seem to be employing morons in their fraud departments! If the merchant can't trace the transaction, then they can't prove the cardholder authorised it, so the bank should be issuing a chargeback and refund the cardholder.

The onus of proof is on the merchant/bank that the cardholder authorised the transaction, if they can't provide this then they must refund. Write a letter to Nationwide saying you'll escalate to the FOS if they don't refund.

alanq

Meadow9 wrote: »

A slight issue we have had with the account in question is that over the past couple of months when buying things online it hasn't been asking for a secure code, my partner contacted nationwide about this a while ago and they said it was the merchants fault and not theirs

Email I received on 26th July from Nationwide. Hardly "the merchant's fault"!
"
You may have noticed that you're no longer being asked to enter a password to authorise your online payments using your Nationwide credit or debit card.

This is thanks to improved technology working behind the scenes to prevent fraud. As a result, you'll be asked to authorise your payments a lot less.

Verified By Visa

These changes will make your online shopping faster, whilst still giving you the level of purchase protection and security you’d expect.

Shopping online using your Nationwide debit or credit card is now even easier:

• You’ll be shown a "Processing..." page after you have entered your payment details and selected to checkout
• In some cases as an extra security measure you may be asked to provide additional details to verify your purchase, but not a password, to help confirm your purchase..."

pqrdef

zagfles wrote: »

The banks do seem to be employing morons in their fraud departments!

No, they're trying it on. Well, let's see, didn't complain for a month, didn't ask for new card, probably not even all that certain that he didn't buy the stuff. Let's just send the fobbing-off letter and see if he takes it any further. If he does, we'll cave in. Can't hurt.

They're obviously aware that they haven't got a leg to stand on, because they know the rules, and if they had any evidence, they would have said so.

James

Maybe another reason of why you should report ALL fraud to the Police and Action Fraud.

To summarise Nationwide are accusing your partner of first party fraud. Maybe if the Police had been involved they'd be more reluctant to do this. Why IMHO you should report all fraud.

An official complaint then eventually via the Ombudsman as suggested seems the best way forward.

Just another thought. The small claims court would be interesting.

Anyway good luck.

pmduk

The police frequently will decline to accept details of such crime from the public.

pqrdef

pmduk wrote: »

The police frequently will decline to accept details of such crime from the public.

The account holder isn't the victim. Fraud is deception, and the last person who'll be deceived by impersonation is the person being impersonated.