Debit card stolen daily

zagfles

Keep_pedalling wrote: »

Would not the fact that the OP failed to check his account over a 5 month period count as negligent? especially an account with a large amount of money in it. That fact that the lad had easy access to the card would indicate it was just left laying around rather than being kept in the OPs bedroom at night might also be seen as negligent.

5 weeks not months. 5 weeks is unlikely to be a problem as banks issue statements monthly and they take a few days to arrive

Keep_pedalling

zagfles wrote: »

5 weeks not months. 5 weeks is unlikely to be a problem as banks issue statements monthly and they take a few days to arrive

So sorry, senior moment time. Thank goodness is is not £15k as per an earlier post of mine, but a mere £3400. That still leaves the issue of easy access to the card which I'm sure the bank will use not to pay out.

unholyangel

Keep_pedalling wrote: »

So sorry, senior moment time. Thank goodness is is not £15k as per an earlier post of mine, but a mere £3400. That still leaves the issue of easy access to the card which I'm sure the bank will use not to pay out.

Arguably, if the card was that easy to access, he wouldnt have had to wait until they were both in bed to steal it

marliepanda

unholyangel wrote: »

Arguably, if the card was that easy to access, he wouldnt have had to wait until they were both in bed to steal it

Being able to access a house, twice nightly, suggests it's easy to get into and insecure

Warpa

Keep_pedalling wrote: »

On a very rough calculation, this lad stole £15,000 from your current account. I don't really see why the bank should be responsible for that considering you failed to check what was going on for so long. Even if you only checked your account once a month you would have prevented the loss of £12,000,

Although you could claim the bank should have picked up unusual activity, if the lad was using cash points in the same area you do then that is far less likely than if this had been with a cloned card in a far off location.

He stole a total of £2300, £200 withdrawls every 2 days roughly for one month and all from our local cashpoint where every act was caught on cctv.
I fail to see how I was negligent if he was bfeaking into my house while wecwere all asleep upstairs. How can I be negligent if he has admitted to all the charges put against him.

Warpa

marliepanda wrote: »

Being able to access a house, twice nightly, suggests it's easy to get into and insecure

A career burglar will find a weak spot, this wont be highlighted to us untill the realisation of illegal entry has occured.

unholyangel

Also, another ruling from the ombudsman:

25/11
disputed cash-machine withdrawals with correct PIN - firm considered customer to have been "grossly negligent"
Mr N disputed various cash-machine withdrawals from his account. He said that he did not make or authorise the withdrawals and had been at home at the time they were made.

The firm said the withdrawals had been made with the correct PIN and it considered Mr N to have been "grossly negligent" in allowing someone to discover his number. However, Mr N insisted that no one else could have known the number and that he had not written it down.

complaint upheld
The Banking Code says that it is for the firm to prove "gross negligence", not for the customer to disprove it. We did not consider that the firm had proved gross negligence in this case. The circumstances and the nature of the withdrawals led us to believe that the withdrawals had been made without Mr N's authority by a family member - who would have been able to observe him entering his PIN for previous cash-machine withdrawals.

Looks very likely that the ombudsman would find in OP's favour even if the son did sneak a peek at the PIN while out shopping with them.

unholyangel

marliepanda wrote: »

Being able to access a house, twice nightly, suggests it's easy to get into and insecure

Every two nights. Not twice a night.

For all you know he stole his sisters key and used that to get in. As I said previously, we don't have enough information to be jumping on any high horses and accusing OP of negligence.

wealdroam

Warpa wrote: »

I fail to see how I was negligent if he was bfeaking into my house while wecwere all asleep upstairs.

"breaking into your house"?
He did that twice a night*, every other night, for a month?

I would suggest to you he probably used a key... in which case, is that actually "breaking in"?

Warpa wrote: »

How can I be negligent if he has admitted to all the charges put against him.

So was he charged with looking over your shoulder when you used the cashpoint?
Or perhaps he was charged with spotting your PIN somewhere else?
The point is that criminals will exploit a weakness, and once he has spotted your negligence he can use that to his advantage.




*that's once to steal the debit card and then again the same night to return it.

zagfles

unholyangel wrote: »

Every two nights. Not twice a night.

For all you know he stole his sisters key and used that to get in. As I said previously, we don't have enough information to be jumping on any high horses and accusing OP of negligence.

Or if he lived there presumably he had a key then, and so could have got a copy made.

Maybe the OP is negligent for not changing the locks when he left!

Seriously OP - pursue this with your bank and then the FO if your bank don't relent, and come back and let us us know they result.