Rights regarding return of fraudulently taken money?

grumbler

The same way as all ATMs had been doing this before chips were introduced. The PIN is saved in both the chip and in the bank's database.

jennifernil

The USA does seem very "backward" when it comes to banking.

We were there way back in 1979 and trying to cash travellers cheques (remember them?) was a big problem. We were amazed how backward they were then.

Seems not a lot has changed!

Why????

grumbler

Because they are busy putting other countries in order instead of concentrating on their own?

Armorica

John - is there more information about the transactions it was used for?

johnisworried

Such as? There are a dozen or so transactions, every day, same amount (couple of hundred dollars) because I believe that's the max you can take out every day. All the same place/ATM, and the last one is the rest o the balance, which is about $100.

Simon7685

Don't take this the wrong way, it isn't meant in a derogatory way but I can't see them just refunding you like that without some kind of investigation/police report/involvement.

If they did that routinely it would open the floodgates for people to make false claims. You may need to prove your whereabouts at the time the transactions were made.

It is a sad state of affairs when it comes to your own money not being safe if the card remains in your possession but it is a nasty world we live in. I would start trying to list where you were at the times the fraudulent transactions were made and if you can prove that via a third party then that might help. Just a thought really but it might be an idea, also did you report the matter to the police, as that might help.

Hope you get it sorted and get your money back, it must be sickening to lose everything like that.

johnisworried

It is.

I am entitled to my refunds as per t+c above, surely? Isn't the onus on them to prove I have been negligent?

Armorica

You said point of sale or ATM, but it's just ATM?

Essentially, do the transactions look fraudulent? (Hitting the cap each day is a good start, if the time makes impossible for you to have gone from Europe to the US) If it's ATM, then that's a physical presence - and there may be an ATM camera somewhere. If it's online purchases, they could be done from pretty much anywhere.

You've not quoted any terms and conditions? Do you have a linked copy?

There is pretty good protection for debit and credit cards. That's not the case for prepaid cards in general. There is legislation that does put the burden of proof on the issuer in some cases, but it's not clear without further information whether that could apply here.

grumbler

johnisworried wrote: »

I am entitled to my refunds as per t+c above, surely?

What T&C and where above?

johnisworried

"If an unauthorised transaction takes place we will immediately refund the amount of the transaction after you notify us of the loss, theft, misappropriation or unauthorised use of your Prepaid Card. We will investigate claims before making a refund if there is evidence to suggest that either you have acted fraudulently or that you have deliberately or grossly negligently failed to comply with your obligations in relation to the Prepaid Card."

I was in the same city where it happened for some of the days, btw. I told them this.