Card stolen. All money gone

Thiazolinedianone

Hi

I've had my card stolen and they somehow got hold of my PIN and emptied my bank account. Last Thursday night I went out for a few drinks after work and got a minicab home, called in at a cash machine on the way home to grab some money.

When I woke up on Friday money I saw my card was gone, so I immediately canceled it but I really thought I'd just lost it. It's a Visa Debit from HSBC. Checking my account just now someone spent a bit over £3000 (god that hurts to type that) taking money out of a cash point and in a bookies in Lewisham, the vast majority in the bookies.

I've reported it to the bank and they'll apparently call back within 5 days and discuss whether they will reimburse it. Of course, I'm completely screwed if I can't pay my mortgage in 2 days time so that's not great. Anyway Just wanted to get any advice and if anyone who has experience of this knows how likely I am to get my money back.

BMN

The general idea is that as long as you weren't negligent you'll get your money back.

Any idea what happened after you used the cash machine? Did you go straight home?

Could the card have been stolen after this? Could somebody have been watching you enter your PIN?

Did you use your card to buy drinks? Again, could somebody have been watching you enter you PIN?

Thiazolinedianone

Yes I used the card to buy drinks so the PIN could theoretically have been seen at the bar, but it was in a different area to where I last used it so I don't really know how they could have worked that.

I took the cash out in Camden on the way home, I'd think it was most likely taken there, but I'm pretty careful at cashpoints so somewhat confused how they managed it.

xylophone

Last Thursday night I went out for a few drinks after work and got a minicab home, called in at a cash machine on the way home to grab some money.

When I woke up on Friday money I saw my card was gone,

One hesitates to ask but were you in any condition to notice anyone "shoulder surfing" or if you had left your card in the machine?

opinions4u

1) The bank should be refunding all withdrawals immediately, pending an investigation.

2) The onus is on them to show that you were negligent or actually made the transactions.

3) They will say you were negligent in allowing somebody to see your PIN and will then re debit your account.

Thiazolinedianone

opinions4u wrote: »

1) The bank should be refunding all withdrawals immediately, pending an investigation.

2) The onus is on them to show that you were negligent or actually made the transactions.

3) They will say you were negligent in allowing somebody to see your PIN and will then re debit your account.

Doesn't sound great. Will they get away with 3? I see from the FCA website that the bank can refuse a refund if

it can prove you are at fault because you acted fraudulently or, because you deliberately, or with ‘gross negligence’, failed to protect the details of your card, PIN or password in a way that allowed the transaction

but

you may have to pay up to the first £50 of an unauthorised transaction if your card has been lost or stolen, or your bank can show you failed to keep the details of your password or PIN safe.

So I guess it's up to whether I was grossly negligent?

wiseshark

Thiazolinedianone wrote: »

Hi

I've had my card stolen and they somehow got hold of my PIN and emptied my bank account. Last Thursday night I went out for a few drinks after work and got a minicab home, called in at a cash machine on the way home to grab some money.

When I woke up on Friday money I saw my card was gone, so I immediately canceled it but I really thought I'd just lost it. It's a Visa Debit from HSBC. Checking my account just now someone spent a bit over £3000 (god that hurts to type that) taking money out of a cash point and in a bookies in Lewisham, the vast majority in the bookies.

I've reported it to the bank and they'll apparently call back within 5 days and discuss whether they will reimburse it. Of course, I'm completely screwed if I can't pay my mortgage in 2 days time so that's not great. Anyway Just wanted to get any advice and if anyone who has experience of this knows how likely I am to get my money back.

It is not clear if the OP on the way home by taxi withdrew the cash using the HSBC Visa Debit or used another card. If they used the HSBC card, then lost it or was it cloned or perhaps when drunk lost or left behind in the pub and someone made note of the PIN used there?

grumbler

Apparently a card can't be cloned for chip&pin transactions. So, it definitely was lost, possibly intercepted by some attachment to ATM, possibly together with the PIN.

Thiazolinedianone

wiseshark wrote: »

It is not clear if the OP on the way home by taxi withdrew the cash using the HSBC Visa Debit or used another card. If they used the HSBC card, then lost it or was it cloned or perhaps when drunk lost or left behind in the pub and someone made note of the PIN used there?

I used the HSBC debit card that was subsequently taken to Lewisham and used to rack up a bill in the bookies.

The transactions took me really overdrawn and apparently I'm a little protected by the consumer credit act:

credit-token
The meaning of "credit-token" is set out in the Consumer Credit Act 1974. The definition is broad and open-ended, but it includes the use of a credit card or a debit card on an account which is overdrawn...

and

Cardholders can be made liable to a maximum of £50 for losses arising from the use of the card when it was not in the possession of someone authorised to have it (the act does not say in what circumstances, but we will look to the card terms in each case.)

I can't post links but that's from the financial ombudsman news issue 46

wiseshark

So you used The HSBC debit card to withdraw cash on the way home by mini-cab. Then I presume you lost it, it was found and used fraudulently at a betting shop in Lewisham.

There is a chance, cctv at the bookies may be of benefit.

Thiazolinedianone

Yes, but how did they get my PIN? I'm stumped. It was used in card machines to take me up to my limit, then at the bookies. Yes CCTV could be a help. I haven't actually called the police, the advice seems to be not to unless your bank asks, but I might give them a call.

I don't keep any record of my PIN, and I didn't lose my wallet anyway so the bank can't really claim it was with it, so hoping they can't claim gross negligence on that part.