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Credit card theft

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kbh
kbh Posts: 13 Forumite
Hello, let me start by saying that I never thought I'd be in this position, but I guess it can happen to anyone. I'll explain everything in detail, to make things clear.

I lost my purse over a month ago. I last had it at a shop where I used my debit card to pay for some car parts and put the card in my pocket. I then went home and realised I didn't have my purse. Drove back to the shop and the staff said they haven't seen anything, they also said they don't have any cctv inside or outside of the shop. I then reported it missing to police when I got home, as it had my driving licence, credit card etc. I also reported my credit card as lost.

Few days later I went on my Vanquis (I know, I know) online banking and realised that 2x£250 was taken out the day I lost my purse + 2x£7.50 cash advance fees. It happened between 3pm when I lost it and 4:30pm when I reported it missing. I phoned back police who then changed the case from lost to theft and gave me a crime reference number. It was 11pm so the only Vanquis department that was open was lost/stolen, but they put a note on my account and told me to phone back Mon morning. When I did, they said they will investigate and get back to me, I have also given them the crime reference number so that they could speak to the PO who is responsible for the case themselves.

They have now gotten back to me saying that PIN was used to take out the money from atm. The pin was entered first time and that according to police there's no cctv covering atm area. And because I didn't use my credit card that day, there is no way for someone to oversee my pin. Therefore, there is no case and I have to repay the money.

Now, for one I don't have my pin written down anywhere and I have no idea how someone could take money out without knowing it, but I am not happy to pay £515 for something I didn't do!

I understand that it looks suspicious from the banks point of view, but why should I suffer the cost when I did everything I had to, by reporting it to correct authorities and I have not been negligent. I know that a few years back there were rules and regulations for credit card companies, but I don't know where I stand legally at the moment.

Can anyone advise me on what to do next? I'm completely lost.
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Comments

  • Candyapple
    Candyapple Posts: 3,384 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    Was your debit card PIN the same as your Vanquis one?

    Can you provide proof of your whereabouts when the money was withdrawn?

    Was the shop a local one or a well known high street store?
    I'm a Board Guide on the Credit Cards, Loans, Credit Files & Ratings boards. I'm a volunteer to help the boards run smoothly, and I can move and merge threads there. Any views are mine and not the official line of moneysavingexpert.com
  • kbh
    kbh Posts: 13 Forumite
    Thank you for your reply.

    No, the debit card pin is different and the shop is small local one, police checked if there was cctv around in the area but unfortunately not.

    Regarding my whereabouts, I was also thinking of ways to prove that I wasn't in the area at the time of the theft. The only problem is I don't know exactly where I was at that precise minute, as I was either at home or driving back to the shop & then back home. I would be willing to pay to get cctv footage to prove I was somewhere else, but I could have been anywhere in the 5mile radius from my home to the shop. My mother-in-law was at home at the time with me when I realised I lost my purse, but I doubt her words would mean anything to Vanquis.
  • grumbler
    grumbler Posts: 58,629 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Candyapple wrote: »
    Can you provide proof of your whereabouts when the money was withdrawn?
    This would neither prove nor disprove anything.
    A card and a PIN can be given to a friend/accomplice - just playing the devil's advocate.
  • Candyapple
    Candyapple Posts: 3,384 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    I'm a Board Guide on the Credit Cards, Loans, Credit Files & Ratings boards. I'm a volunteer to help the boards run smoothly, and I can move and merge threads there. Any views are mine and not the official line of moneysavingexpert.com
  • kbh
    kbh Posts: 13 Forumite
    Thank you very much for the links. I have read the older ones last week, but haven't seen the 2015 one until now.

    Regarding Consumer Credit Act, is it still the case that liability for unauthorised withdrawals lies with the cardholder for the first £50? Or has that changed too?

    I have also read a thread from 2009 (sorry, can't post links yet) which had great advice and letter templates, but I think the law has changed so I don't think I can use them now. I might be wrong, that's why I was hoping someone might know where I stand legally.

    Regarding other cards, nothing else was used, as I put my debit card in my pocket after using it and vanquis is the only credit card that I have. Although, two weeks later HSBC (debit card) phoned me regarding a transaction which they didn't authorise due to it being suspicious. However, I think this was a coincidence.

    Also, I am saving for a house deposit and am now worried that these cash withdrawals from a credit card will not look good on my credit file?
  • you should report it to the bank as soon as possible
  • kbh
    kbh Posts: 13 Forumite
    I reported it as missing after about an hour an a half after losing it, and reported the theft straight after seeing it on my online banking.
  • glentoran99
    glentoran99 Posts: 5,825 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker Debt-free and Proud!
    kbh wrote: »
    Few days later I went on my Vanquis (I know, I know) online banking and realised that 2x£250 was taken out the day I lost my purse + 2x£7.50 cash advance fees. It happened between 3pm when I lost it and 4:30pm when I reported it missing. I phoned back police who then changed the case from lost to theft and gave me a crime reference number. It was 11pm so the only Vanquis department that was open was lost/stolen, .





    What time where the withdrawals and when did you inform vanquis? the highlighted parts don't seem to agree
  • kbh
    kbh Posts: 13 Forumite
    Sorry if that was confusing. 3pm is when I bought the car parts, so it must be when I lost it, as I didn't have it when I got back home. I reported it missing at around 4:30pm when I got back from the shop after checking if I left it there. Few days later, when I noticed that money was taken out of my account I reported it as stolen, it was 11pm and the fraud department was closed.
  • glentoran99
    glentoran99 Posts: 5,825 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker Debt-free and Proud!
    kbh wrote: »
    Sorry if that was confusing. 3pm is when I bought the car parts, so it must be when I lost it, as I didn't have it when I got back home. I reported it missing at around 4:30pm when I got back from the shop after checking if I left it there. Few days later, when I noticed that money was taken out of my account I reported it as stolen, it was 11pm and the fraud department was closed.



    Check the time of withdrawal, if it was after 4.30pm when you reported it lost it shouldn't be too hard to argue you aren't liable
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