Credit card theft

PeacefulWaters

I think you need to remind them of the CCA making them liable.

If they decline your claim go straight to the FOS.

You should also challenge yourself. How did the card thief know your PIN? Had you recorded it somewhere or revealed it during a transaction?

kbh

I will now send them a letter and appeal their decision. Will go through their complaints procedure and if I don't succeed, I will then have to contact Financial Ombudsmen.

I have another question, I tried to log into my online banking and it said Account Blocked, after phoning Vanquis I got told that they closed my account due to this fraud being reported. I have looked into this and think that they might have put a CIFAS marker on my name. I am planning to buy a house next year with my partner and now we're very worried this might ruin our chances with mortgage application? Is it true that only lenders can remove the marker or would it drop off after 13 months?

gunsandbanjos

I'm not sure what CIFAS marker they would have used unless they believe you were complicit in this?
If you do have one then only the member who added it can remove it and markers stay on file for 6 years.

kbh

I was under impression that some categories don't require the cardholder to be complicit, hopefully I'm completely wrong.

Spoke to Citizens Advice today and arranged a meeting for tomorrow. Hopefully I'll get somewhere in the end, as I don't want to repay £500 that someone took out of my account and have 2 credit cash advances on my credit history.

B19JON

Good luck, hope you manage to get it sorted out

gunsandbanjos

kbh wrote: »

I was under impression that some categories don't require the cardholder to be complicit, hopefully I'm completely wrong.

Spoke to Citizens Advice today and arranged a meeting for tomorrow. Hopefully I'll get somewhere in the end, as I don't want to repay £500 that someone took out of my account and have 2 credit cash advances on my credit history.

There are some categories that don't require the card holder to be complicit but they tend to fall more into application rather than transactional fraud. For example at cat 02 is victim of impersonation and here you are the victims rather than the perpetrator.

kbh

Thank you for making it clear. I read that even if you have cat 1 or 2, you might have trouble getting credit as companies will require to go through more security checks and in reality they usually would rather not bother. I hope this is not the case for mortgage applications, as they have to go through many checks as it is.

kbh

I have just had an appointment at Citizens Advice Bureau, they have given me copies of Banking Conduct Regime.

Under Unauthorised Transactions, point 121, it says: The Ombudsman has defined gross negligence as 'if not recklessness, something more than ordinary carelessness'. He has also stated that 'it cannot necessarily be inferred from the fact that a fraudster was able successfully to use the card at the first attempt, that the PIN must have been written down, and that the card holder was grossly negligent'.

I guess I could use this point within my complaint, as although they have not given me reasons in writing (I still haven't received one letter from them, even though it's been 5 weeks since I reported this), they claim (over the phone) that I must have been negligent as PIN was entered first time.

JJG

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.

Who did you report it lost to at 4:30pm? The Police or Vanquis?

kbh

JJG wrote: »

Who did you report it lost to at 4:30pm? The Police or Vanquis?

I first phoned the police, followed by Vanquis straight after.