Somone else used my Oyster Card - Can I reclaim on my credit card?

UKGav

Hello there


Have a strange question wonder if anyone could advice?


The other week someone must have found my Oyster Card. I realised when I hadn't been using it but I had an email saying my 'Your Oyster Card has been topped up'. as I'm on Auto-top up (when my limit hits £5, £40 comes off my credit card so it's always got balance on it)


I then looked at my journey history and yep some person has been moving around London at my expense!


Then I spoke to Oyster and they stopped the card but couldn't refund me for what our friend had used. But I was wondering because it's off a credit card, isn't there some rule where you're covered for payments on credit cards for theft etc.?


Sorry I know this is vague but some direction would be mostly appreciated


Gavin

DCFC79

That's the problem with linking a credit card to an oyster card.

Don't know if you can claim, you can ask though.

eddddy

Unfortunately, you set up a Recurring Payment Authority and agreed to the terms. One of the terms is:

6. If your Oyster card is lost or stolen, your Oyster card (including any associated Recurring Payment Authority) will continue to operate as normal until you report it lost or stolen. You should therefore report any loss or theft as soon as possible.

Link: https://tfl.gov.uk/corporate/terms-and-conditions/online-ticketing-accounts?intcmp=3783

So in legal/contractual terms, you authorised the payment and it was taken correctly. So you don't have any basis to dispute the payment with the CC company.

dj1471

Unlikely but worth asking. The use of your credit card wasn't fraudulent, you authorised automatic top-ups when you linked it. You may have better luck if the card happens to be an Amex, as they provide extra purchase protection beyond the legal requirement.

Another reason just to use contactless on the tube - fraudulent use of your credit card directly would be refunded.

chattychappy

eddddy wrote: »

So in legal/contractual terms, you authorised the payment and it was taken correctly. So you don't have any basis to dispute the payment with the CC company.

True, the T+Cs say that. But I wonder if they would be enforceable. Organisations often draft T+Cs in a way that aren't (or might not be) enforceable. Hence "severability" clauses. There is a proud history of T+Cs proving to be unenforceable

If I was the OP, I would argue along the lines that the top-up was triggered by unauthorised usage of the card. Although he agreed to the CPA, the payment in this instance was effectively unauthorised. The clause 6 quoted is unfair so shouldn't be applied.

I expect nothing will come of this. But the OP might get a refund on the basis that the CCs wouldn't want something like this to be escalated. Ultimately it needs a test case.

InsideInsurance

The unauthorised use is of the oystercard though not the credit card. The credit card use was authorised as the OP had requested that it auto top up the balance.

You can ultimately ask your card company if you can do a chargeback in the circumstances but you are on fairly thin ice. You'd also potentially be liable for any of the monies that have been used from the amount you chargeback for having failed to report it as lost/stolen.