Credit Card Security Code

eskbanker

I can imagine the bank's decision might be influenced by the site concerned, i.e. if it's a secure site (https/padlock, etc) then this would be more sympathetically treated than if details were keyed into a site that doesn't have such standard online security features. I'm no expert on the legal aspects but would believe that a cardholder has a duty of care not to key in confidential details into websites with insufficient security....

Biggles

There's clearly a breakdown of communications somewhere.

Either the bank thought he was saying he gave out his PIN, or he did give his PIN but you think he only gave out the CVV code.

If the former, he should got back and explain himself more clearly. If the latter, he's, er, rogered.

meer53

Historyfanatic wrote: »

That is the full story! My friend is a very senior and experienced lawyer. He saw his bank manager today and she told him that, because he had given out his his security code, the bank had no obligation to refund the money scammed from his card.
There is no misunderstanding. She was adamant that giving out the code was a breach of security and absolved the bank of all responsibility. On this forum we have all seen banks trying this sort of argument in fraud cases involving someone's PIN and alleging that the person gave out their PIN when there was no evidence that they had done so. The Financial Services Ombudsman ruled against this some two years ago but banks still try it on.
Giving one's security code is essential for an online transaction.
This is yet another excuse and I wondered if anyone had come across this particular attempt to evade responsibility.

So.... still no more information, who did he buy from, and who "scammed" him ?

Under PSD regulations, a bank HAS to refund any unauthorised transactions whilst they investigate them. Have the bank already done this ? The bank must be pretty sure about their reasons for not refunding.

pvt

Your friend needs to firmly tell the bank that the transactions other than the one specific one they authorised are all unauthorised, and as such he/she wants his/her money back.

You haven't actually said how your friend was scammed. Was it the same company as they gave their CCV # to who took more money, or was it other unrecognised ones?

Historyfanatic

There is no breakdown in communication. You most certainly do not give out, or need to give out, your PIN for an online transaction but you do need to give out your Security Code.
So far this Forum has proved to be absolutely useless at giving advice! I keep being told that I have not given the full story or that (as in the last posting) that my friend is pretty thick whereas he is highly intelligent.
Can I please have some helpful advice.

cajef

Historyfanatic wrote: »

That is the full story! My friend is a very senior and experienced lawyer.

If that is the case why are you asking legality questions on an open forum?

Fruit_and_Nut_Case

Historyfanatic wrote: »

Can I please have some helpful advice.

Yes. Ask your very senior and experienced lawyer friend to join in the discussion here.

meer53

Historyfanatic wrote: »

There is no breakdown in communication. You most certainly do not give out, or need to give out, your PIN for an online transaction but you do need to give out your Security Code.
So far this Forum has proved to be absolutely useless at giving advice! I keep being told that I have not given the full story or that (as in the last posting) that my friend is pretty thick whereas he is highly intelligent.
Can I please have some helpful advice.

For advice, you need to give all the facts, which website he used initially, and who scammed him. How did they empty his account ? If you don't know this, then it's pointless asking for advice.

I have years of experience in dealing with fraudulent transactions, banks don't generally refuse to refund unless they have evidence of gross negligence.

No-one has said your friend is thick ?

DevCoder

I smell a troll

If your friend is a senior and experienced lawyer then he/she should have no problems following their complaint procedure and then taking it to the FOS if there is no success there.

The constant rambling on about banks trying to avoid and evade regulations etc instead of focussing on the real issue is typical of a WUM.

eddddy

Hi Historyfanatic

The reasons people are dubious are:

If a fraudster used the card online (even quoting the CVV number on the back), the bank would just do chargebacks. So the bank would probably lose nothing - it would be the merchants that lose the money.

Even if your friend was duped into entering his PIN on a website, the fraudsters would then need to steal the physical card to do anything with it.

Or... are the bank saying that the fraudster used your friend's 'Verified by Visa' or 'MasterCard SecureCode' password (perhaps because your friend was duped into entering it into a fake verification page)? If that's the case, it will be interesting to know more details about this.

The bank cannot do chargebacks for fraud if VfV or MCSC is used, so they may be taking a more robust stance.