Debit card stolen daily

Warpa

Hi, please move this to the correct forum if needed, I think I have it in the right place though.

Ill keep this breif for now;

Partners boy used to live witb us, after finding out he was stealing from us we kicked him out and his sister agreed to take him in. Shortly after he was arrested and sentenced to 6 months inside for vsrious other crimes.

Now my current problem, we noticed our account getting low on funds, after further investigation we find cctv at our local cash point of him withdrawing money with our card from our account. This was for £200 every 2 days for 5 weeks, cctv captured all.

Now we have no idea how he got the pin, and he has admtitted what he did in court, it is going to crown, the bank is saying as he used my pin its classed as authorised use of the card, even though the £200 withdraws were all in the early hours, and our withdrawals were for our usual 20 pound once a day.

Hechas been released on bail after admitting to tbis crime and awaiting trial, the bank said their security was not at fault, hence no refund. Should I persist in the fact that pin or not be gained illegal entrance to my house, took the card, withdrew money then returned the card.

LilElvis

Warpa wrote: »

Hi, please move this to the correct forum if needed, I think I have it in the right place though.

Ill keep this breif for now;

Partners boy used to live witb us, after finding out he was stealing from us we kicked him out and his sister agreed to take him in. Shortly after he was arrested and sentenced to 6 months inside for vsrious other crimes.

Now my current problem, we noticed our account getting low on funds, after further investigation we find cctv at our local cash point of him withdrawing money with our card from our account. This was for £200 every 2 days for 5 weeks, cctv captured all.

Now we have no idea how he got the pin, and he has admtitted what he did in court, it is going to crown, the bank is saying as he used my pin its classed as authorised use of the card, even though the £200 withdraws were all in the early hours, and our withdrawals were for our usual 20 pound once a day.

Hechas been released on bail after admitting to tbis crime and awaiting trial, the bank said their security was not at fault, hence no refund. Should I persist in the fact that pin or not be gained illegal entrance to my house, took the card, withdrew money then returned the card.

When it goes to court then it is likely that a judgement will be made that he has to recompense you for your losses. It may well take a long time for you to recoup the money he stole but the blame starts, and stops, with him. It is not the banks fault that he had access to both your card and, more importantly, the PIN - the fault there is entirely yours. Your only recourse now is with the court system, and if a judgement isn't made for restitution you can then take action against him through the civil courts.

Gavin83

Warpa wrote: »

Now we have no idea how he got the pin

Is it written down anywhere?

marliepanda

Warpa wrote: »

Now we have no idea how he got the pin,

You never gave it to him? You never bought something in a shop near him where he could have saw you input your pin if you did not shield it? At a cash point?

Somehow someone who used to live with you got a hold of your pin. He did not get it from the bank, therefore the blame lies on him, but also you for not keeping your pin secure. The bank isn't going to pay out what seems to amount to a few thousand pounds for this, when they have not failed their security requirements.

unholyangel

OP, this ruling from the Financial Ombudsman might be of interest to you. Its on page 4, case 68/2 : http://www.financial-ombudsman.org.uk/publications/ombudsman-news/68/68.pdf

Except when Mrs M took her card out of
the house in order to withdraw cash,
she had always kept it, together with the
PIN notification, in a small box. This was
hidden in a small cabinet in an upstairs
room of the house. The card and PIN
would not, therefore, have been
accessible to any casual visitor.

It was reasonable to conclude that Mr J
had only discovered the whereabouts of
the card and PIN because, over time,
he had been able to search through the
house while visiting his grandparents.

In all the circumstances, we did not
consider Mrs M could fairly be said to
have acted with gross negligence.
We upheld the complaint and said that
Mrs M’s estate should be compensated
by the bank re-working her account
(including interest) as though the disputed
withdrawals had never been made.

Sounds as if it could be quite similar - if not a mirroring of your own situation.

Highlight that to your bank and if they still reject your claim, refer your complaint to the ombudsman.

System

That sounds nothing similar. This is somebody who lived in the same house and the card and pin were in daily use affording the miscreant multiple chances of discovering the PIN either through being present when being used or even idle chat in the house could have mentioned it.

It wasn't hidden away but probably in a purse/wallet where most people keep them

Warpa

He would have been close by when we used the card to withdraw money, but none of us expect to be robbed by our family. Should the banks security not have flagged something up with the withdrawls? £200 withdrawn in the early hours, then an honest withdrawal the same day of 10 and 20 pounds, so on and so forth every 2 days for a month.

Takeaway_Addict

Surely the negligence is in the fact you didn't check your bank account and spot this quicker?

I think Unholyangel is your best option but I wouldn't hold out much hope. Your OH's son needs to be paying you back!

wealdroam

Warpa wrote: »

He would have been close by when we used the card to withdraw money, but none of us expect to be robbed by our family.

But that is not the bank's problem, is it?

Warpa wrote: »

Should the banks security not have flagged something up with the withdrawls? £200 withdrawn in the early hours, then an honest withdrawal the same day of 10 and 20 pounds, so on and so forth every 2 days for a month.

I would say not.

It is not the bank's job to stop you varying your withdrawal patterns.

Anyway, as it was going on for a month, it appears that a different regular pattern had been established.

Frankly, as you have been robbed by your own family (your words, not mine), I cannot understand why you think that is the bank's fault.

unholyangel

!!!!!! wrote: »

That sounds nothing similar. This is somebody who lived in the same house and the card and pin were in daily use affording the miscreant multiple chances of discovering the PIN either through being present when being used or even idle chat in the house could have mentioned it.

It wasn't hidden away but probably in a purse/wallet where most people keep them

The point in their judgement was that because the card & pin had not been available to casual visitors that the cardholder had not been negligent and therefore were not liable.

marliepanda

unholyangel wrote: »

The point in their judgement was that because the card & pin had not been available to casual visitors that the cardholder had not been negligent and therefore were not liable.

"Casual visitor" he lived with them, was a member of the family. He didn't just spot it on a sideboard with a giant post it note of the pin, he clearly got it whilst shopping with them