Ex partner stole money via old DD on Credit card

jamesd

You should also assume that your ex has details of all of your other accounts, so be sure to contact any other places and let them know that it may be wise to change account details.

Also check your computers for any sign of something extra between your keyboards and the rest of the computer, in case a keystroke logger has been inserted there that would allow passwords to be recorded.

Web browsers also allow passwords to be saved. Unless you have a password preventing that information from being displayed, that your ex wouldn't be able to guess or observer, you should start replacing those. Use a completely different pattern from any you've used before to make it harder for someone who knows you well to guess what you're using now.

If you haven't checked your credit reports lately, use Noddle initially to get a current report to ensure that only your accounts are present and that there's no sign of odd applications you don't make recorded at their credit reference agency, which is Call Credit.

Bob-1979

Just an update - the bank has written to me stating that my ex partners credit card DD was transferred from our joint account to my personal account, when I set up my personal account (which is correct, true and never in dispute)

They say there is no record of me cancelling the DD either by phone or by on-line banking (which I dispute... I did this on-line)

As no error has been made, there will be no refund. They enclosed the ombudsman leaflet to make a complaint. Obviously I intend to contact the Ombudsman and see what they say.

I must admit I'm feeling quite apprehensive to the outcome. My ex has been totally silent and has not spoken to the bank or myself.

In truth I'm probably looking for any feedback from anyone here as to the chances of getting my money back. Also, does anyone have an idea of timescale?

Grateful for any comments.
Thanks
Rob

jonesMUFCforever

If you did it online it would have shown then and there as cancelled.
I suspect you did not confirm the cancellation or re enter your password to confirm - a very expensive lesson.


It is your right to take it to the ombudsman but I really do not see them taking your side unless there are important facts that you have not posted.

lisyloo

Also, does anyone have an idea of timescale?

I've taken a few cases to the Ombudsman and I'd say allow about 6 months (they're quite busy).
If you want it done much quicker you could consider the small claims court, however do you have any proof or is it you word against theirs?
Unfortunately there is no guarantee if it's your word against theirs - in fact I'd say the benefit of the doubt is with them - because their computers work.

ihateyes

Bob-1979 wrote: »

The bank say the DD was "amended" in Feb but can't tell me what happened due to the Data Protection laws. So obviously my ex did something to a DD on my account.

Something is clearly not right.

If this is your account why cant the bank dilvuge info? why are they hiding behind data protection?

Even if a fraudster done something to your account, its your account..... so they can tell all.

I will assume this is what happened. the dd was cancelled. he got letter from bank. he called back. the advisor asked does he want to reset ddeb. he says yes. agent says same bank details. he says yes.

Easy as that.

Does it not show online when the ddeb was set up. i know it does on RBS.

Between your old account and your new account..... was the a period of time there was no payments made to his card? apart from the month the accounts were transferred was there a change to the date of the ddeb coming out?

planteria

ihateyes wrote: »

Something is clearly not right.

If this is your account why cant the bank dilvuge info? why are they hiding behind data protection?

Even if a fraudster done something to your account, its your account..... so they can tell all.

I will assume this is what happened. the dd was cancelled. he got letter from bank. he called back. the advisor asked does he want to reset ddeb. he says yes. agent says same bank details. he says yes.

Easy as that.

Does it not show online when the ddeb was set up. i know it does on RBS.

Between your old account and your new account..... was the a period of time there was no payments made to his card? apart from the month the accounts were transferred was there a change to the date of the ddeb coming out?

agreed. your own current account is your business...nothing should be withheld from you. good luck with it.. keep us informed.

jamesd

Bob-1979 wrote: »

I contacted the bank to ask what is happening as I cancelled the DD back in Jan/Feb. I could see on the on-line screen that the DD to his card was "created Feb 2013" All other DD's were created Aug 2012 (when I opened my sole account and they were all transferred over)

A screen shot of this date discrepancy would be very useful, as would how the bank explains the discrepancy between their claim that it was just transferred over and the dates that seem to contradict that claim. It may be that your ex asked for it to be transferred, not you, after you notified the ex of the cancellation.

FOS time. Be sure to mention this date discrepancy. Also ask what records the credit card system has about DD changes or notices received there - not your card so they can't disclose to you but it's potentially significant and the FOS can check.

You can also use a subject access request (SAR) to first seek all of the information that FD has about your account and this may provide information that contradicts their claim. Like a possible lack of any record of a transfer request from you that could explain the date discrepancy and proof of that date discrepancy. Don't mention the pending complaint, just send the SAR and ask for all information held.

INT1

Ex Partner = Civil Matter

CKhalvashi

INT1 wrote: »

Ex Partner = Civil Matter

Especially as OP allowed the DD to be set up and hasn't spent on the card fraudulently.

CK

jamesd

Re ex partner being a civil matter, you should read the FOS cases I referred to earlier. Without consent it's a criminal matter, not civil. The criminal aspect isn't the spending on the credit card, it's using the current account to pay the credit card bill without authorisation after being informed that the DD drawing on the current account had been cancelled and that alternative arrangements to pay the bill should be used.