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Victim of fraud - apparently we're responsible. Please help!
cryton1
Posts: 5 Forumite
I am writing this in the hope that someone who has had a similar experience may be able to help us.
We run a small family owned retail store in the UK. In February we received a call from a man who wanted to buy a high quantity of produce from us. Taking orders over the phone was a normal occurrence for us as our handheld streamline device allows us to do so if the customer giving the relevant security details ie: number in the address and postcode, D.O.B etc. We had no reason to suspect this was a fraudulent transaction as the card details went through successfully and the 'customer' picked up his order later that day.
We heard nothing more about this case until the beginning of June when we received a letter from First Trust bank stating that there had been a query with the transaction back in February and that First Trust would be removing the money from our account.
There was nothing in the letter stating that the transaction that had taken place in February had been fraudulent. It wasn't until we rang First Trust that an advisor told us the card that had been used was stolen and that we were responsible, since then we have been to the police, our local bank branch and we have contacted the customer help line several times and after being transferred numerous times we have gotten nowhere as we are being told it is nothing to do with the bank and that we are somehow responsible.
If anyone can advise us from a similar experience they have had with the banks we would be extremely grateful. We do not believe it is right that the banks can take that money from our account (nearly £1000) plus charge us a fee of £75 to do so, we also do not believe we can be liable if all security was passed by us over the phone and the details came back as verified to allow us to carry out a transaction over the phone via the banks streamline device.
If anyone knows of any agencies that we can seek advise from on this matter it may also be very helpful
Thank you for taking the time to read this
Jonny
We run a small family owned retail store in the UK. In February we received a call from a man who wanted to buy a high quantity of produce from us. Taking orders over the phone was a normal occurrence for us as our handheld streamline device allows us to do so if the customer giving the relevant security details ie: number in the address and postcode, D.O.B etc. We had no reason to suspect this was a fraudulent transaction as the card details went through successfully and the 'customer' picked up his order later that day.
We heard nothing more about this case until the beginning of June when we received a letter from First Trust bank stating that there had been a query with the transaction back in February and that First Trust would be removing the money from our account.
There was nothing in the letter stating that the transaction that had taken place in February had been fraudulent. It wasn't until we rang First Trust that an advisor told us the card that had been used was stolen and that we were responsible, since then we have been to the police, our local bank branch and we have contacted the customer help line several times and after being transferred numerous times we have gotten nowhere as we are being told it is nothing to do with the bank and that we are somehow responsible.
If anyone can advise us from a similar experience they have had with the banks we would be extremely grateful. We do not believe it is right that the banks can take that money from our account (nearly £1000) plus charge us a fee of £75 to do so, we also do not believe we can be liable if all security was passed by us over the phone and the details came back as verified to allow us to carry out a transaction over the phone via the banks streamline device.
If anyone knows of any agencies that we can seek advise from on this matter it may also be very helpful
Thank you for taking the time to read this
Jonny
0
Comments
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Do you have a legal helpline as part of your business insurance?:heartsmil When you find people who not only tolerate your quirks but celebrate them with glad cries of "Me too!" be sure to cherish them. Because these weirdos are your true family.0
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No I'm afraid we don't have a legal helpline included in our business insurance.0
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Is it actually Streamline as in http://www.streamline.com/card-machines?
Have you got a copy of the original terms and conditions for the card processing? What do they say?:heartsmil When you find people who not only tolerate your quirks but celebrate them with glad cries of "Me too!" be sure to cherish them. Because these weirdos are your true family.0 -
Doesn't it sound dodgy that someone would pay over the phone then pick up rather than just paying chip and pin upon collection ?0
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Doesn't it sound dodgy that someone would pay over the phone then pick up rather than just paying chip and pin upon collection ?
Not really its the same as if you pay online and then collect an item from a store.
Its called customer not present transaction.
I've also payed over the phone and then collected an item, so are you saying I'm dodgy?Time is a path from the past to the future and back again. The present is the crossroads of both. :cool:0 -
What do the terms and conditions say about fraudulent transactions?0
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More questions, I'm afraid, What instructions are you given about "cardholder not present" transactions?0
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I used to deal with these transactions a few years ago, then the rule was CNP transactions could not be collected. If they were the transaction was to be cancelled and processed as card present.
'Click and collect' comes under different set if rules as you normally need do proof of ID etc. There is also a degree of risk that all CNP transactions carry, it's a business decision as to whether you accept the potential losses or not.
There are third party ID checking services over and above those of the card acquirer, which some retailers use in this sort of circumstance. But you should have received a notice of chargeback before now however this sounds like a straight breach of terms and conditions to me.These are my thoughts and no one else's, so like any public forum advice - check it out before entering into contracts or spending your hard earned cash!
I don't know everything, however I do try to point people in the right direction but at the end of the day you can only ever help yourself!0 -
as no chip and pin received, collection allowed you took the risk and now are liable.Don't put your trust into an Experian score - it is not a number any bank will ever use & it is generally a waste of money to purchase it. They are also selling you insurance you dont need.0
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dr_adidas01 wrote: »Not really its the same as if you pay online and then collect an item from a store.
Its called customer not present transaction.
I've also payed over the phone and then collected an item, so are you saying I'm dodgy?
As I'm aware, online transactions that pass the 3D secure checks are protected. As a seller I won't risk it, if the buyer can come in person and pay chip and pin, moreover I was talking in general I don't understand why you took it personally.0
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