Stolen Card Used At Atm With Pin

missyboots_2

Hello

I am wondering if there is anything else I can do.
I have an account with the woolwich, and my wallet was stolen.
They thief took £400 at an atm using my card despite me cancelling the card straight away. The pin was not written down. After whats seems to be six weeks of paper pushing the woolwich inform me that they will not reinburse a penny as they feel the theif must have access.

I also have Credit card protection, who despite being told all my cards are insured, also will not pay up as my bank will not.

Is there anything, apart from close my account I can do. The woolwich is now Barclays. I wonder if this effects the stance taken.

Thank you for any advice.

vikingaero

Have you got a final letter from them stating their position?

If you have, then make a complaint to the FSA/FOS as this costs the bank £400 whether you complaint is upheld or not.

missyboots_2

Really ?

Ive had a letter simply saying they will not pay anything. Do I write to them to inform them first as a last attempt ?

masonic

You could always phone them to confirm that they've given you their final response before taking it up with the financial ombudsman. To be honest, if they can't show you've been careless with your PIN, I don't see how they can expect not to be forced into paying out, minus the £50 you will be liable for.

newmum1

They cant show that you have been careless with your PIN but can you prove to them that you haven't. Did the cashpoint has a cctv camera on it, you could try that route.

masonic

newmum1 wrote: »

They cant show that you have been careless with your PIN but can you prove to them that you haven't. Did the cashpoint has a cctv camera on it, you could try that route.

There is no need for the OP to prove anything to them (and it would be impossible to do so). It is up to them to substantiate their claim that the thief already had access to the account when the card was stolen.

MPH80

Hi - was this your debit card? and if so - did the thief take you into your overdraft?

If so - then you should be covered under the consumer credit act ...

See here:

http://forums.moneysavingexpert.com/showthread.html?p=4279777#post4279777

If it wasn't taken into your overdraft then ... that's a different matter.

Tootsie_Roll

masonic wrote: »

There is no need for the OP to prove anything to them (and it would be impossible to do so). It is up to them to substantiate their claim that the thief already had access to the account when the card was stolen.

If it was the genuine card which was chip read AND the pin was used then it would be up to the OP to prove they were not negligent, not the bank.

rjm2k1

You need to think about the circumstances under which it was stolen, had you used a cash machine/chip and pin terminal etc recently? If so, someone could have shoulder surfed for your PIN and then followed you to pinch the card. Check if there was CCTV where you last used the card too.

olly300

Tootsie_Roll wrote: »

If it was the genuine card which was chip read AND the pin was used then it would be up to the OP to prove they were not negligent, not the bank.

Can you find me information that shows this?

James

You may find this information from WatchDog Investigates informative:

Some Banks are refusing to refund customers whose chip-and-pin cards have been used fraudulently.

For article click here.

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