Victim of credit card fraud in Spain

tvrtuscan

Hopefully some kind person can give me a bit of advice.

I was in a bar in Spain on Saturday night/Sunday morning and paid for a round on my credit card. I was told £60, happy to pay it so handed my card over. Bar tender put the card in the machine and I put the PIN number in, all good.

About 5 minutes later, we bought another round and I decided to pay that too, again £60 and handed over my card. Again bar tender handed me to put the PIN in but it was rejected. Tried again, rejected so it was paid by cash.

Sunday morning I woke to get a text from the credit card company that the fraud department had stopped a transaction for £520 on my account and asked to call to discuss it.

I called them and said thanks very much for stopping that transaction, it wasn't me. They said no problem, did you by any chance authorise a payment for £1000 last night? Again I said no don't be ridiculous has this went through and it has.

What has happened is the club have ripped me off big style and without me noticing, typed in £1000 for the first transaction and £500 for the second. Unfortunately the cards fraud system only picked up the second one.

The credit card company have put a query on the transactions, cancelled my card and sent me out a new one with new PIN.

Question is, is their a chance I'm going to be liable for this payment since I put the PIN number in willingly despite the fact the price was meant to be significantly less than what was charged?

grumbler

Yes, there is a chance, and it isn't slim.
It's your responsibility to check the amount you authorise by entering the PIN.
Your CC company isn't in a position to check the menu and the prices.

ETA: some old, but similar thread: Charged wrong amount on credit card, impossible to correct?

tvrtuscan

grumbler wrote: »

Yes, there is a chance, and it isn't slim.
It's your responsibility to check the amount you authorise by entering the PIN.
Your CC company isn't in a position to check the menu and the prices.

That was my first thoughts too if i'm fair, just after reading a few websites in relation CC companies paying out, it was if I've been grossly negligent such as giving someone my card and PIN or having it written down. That is also for them to prove. Also because they stopped one payment, thought it might have had some bearing on the other transaction.

frank777

Are you sure you didn't say ''the next round is on me'' was the bar full of smiling faces :beer:
A case of lost in translation or fine wine?
Lessons have been learnt :cool:

chattychappy

tvrtuscan wrote: »

it was if I've been grossly negligent such as giving someone my card and PIN or having it written down.

OK different situation.

It is always for the CC to prove that your authorised a transaction. In this case you probably did, and the PIN being entered amounts to proof. "Authorised" can also include giving a card to a friend to use. The FOS has also considered transactions as authorised if the "friend" goes beyond what was originally agreed with the cardholder.

In the case of an unauthorised transaction, CC's have often tried to put liability onto the cardholder if they have been negligent or grossly negligent. CCs are at pains to talk about how you shouldn't write your PIN down. They often tell you that if you lose your card, then once reported you are "protected" against fraud. T+Cs might talk your liability being restricted to £50 unless you have been grossly negligent.

This is all poppycock. Grossly negligent or not, you cannot be held liable for unauthorised transactions on a CC beyond £50. This is the limit given in the CCA1974 and overrides anything the CCs might want you to believe. So, bizarrely, if you are careless about writing down your PIN and somebody steals your card and uses it, then you are not liable.

So, if you have been careless with your PIN and lose your card, then it is best to tell your CC the truth. Because if unauthorised transactions go through, use of the PIN can be explained by your carelessness and you are not liable. IF, however, you report the card lost saying it's impossible for anyone to know the PIN - and the PIN has been used, the CC can use this as proof that you used the card or somebody in cahoots with you.

Doesn't help the OP of course... but hopefully makes the situation clearer if you feel you have been negligent/grossly negligent in protecting the PIN or card.

brianposter

If you are still in Spain it could well be worth going to the bar and filling in the "complaints book" - which is actually a set of forms. It is surprising how often this results in negotiation ( if you refuse to be fobbed off and insist on taking the forms away to be filled in properly.)

grumbler

chattychappy wrote: »

So, if you have been careless with your PIN and lose your card, then it is best to tell your CC the truth. Because if unauthorised transactions go through, use of the PIN can be explained by your carelessness and you are not liable. IF, however, you report the card lost saying it's impossible for anyone to know the PIN - and the PIN has been used, the CC can use this as proof that you used the card or somebody in cahoots with you.

Doesn't help the OP of course... but hopefully makes the situation clearer if you feel you have been negligent/grossly negligent in protecting the PIN or card.

Both transactions were authorised by the only OP and the only his 'negligence'/'carelessness' was not checking the amount before entering the PIN:

What has happened is the club have ripped me off big style and without me noticing, typed in £1000 for the first transaction and £500 for the second.

PeacefulWaters

Strip club, perhaps?

frank777

Strip Joint - taken to the cleaners big time, wonder you didn't lose the shirt off your back or more :eek:
lessons have been learnt :beer:
The University of Life - best value, better than a student loan

chattychappy

grumbler wrote: »

Both transactions were authorised by the only OP and the only his 'negligence'/'carelessness' was not checking the amount before entering the PIN:

Yes, as (I hoped) I made clear:

chattychappy wrote: »

OK different situation.
...
Doesn't help the OP of course... but hopefully makes the situation clearer if you feel you have been negligent/grossly negligent in protecting the PIN or card.

I was picking up the negligence/gross negligent comment. It is a common misconception that you are similarly liable if you're negligent by, for example, writing down your PIN so that a thief can use it having stolen your card. But you're not - different situation.

gunsandbanjos

frank777 wrote: »

Strip Joint - taken to the cleaners big time, wonder you didn't lose the shirt off your back or more :eek:
lessons have been learnt :beer:
The University of Life - best value, better than a student loan

And be thankful it wasn't worse, seen someone done for the best part of £20k:eek: