Nationwide card being used by someone else?

sarah7610

My daughter has two bank accounts, one of which is with Nationwide.

A number of weeks ago she fell out with a friend who had some of her stuff at her house including her bank card.
The girl returned practically everything except her bank card which she said she would find and return asap.
She didn't and my daughter has just had a bank statement which shows she has been using the card and put the account overdrawn.

My daughter has phoned the bank and explained what's happened and asked for the card to be blocked but they have refused, saying that because she knows the person who has the card they will do nothing, although they did point out that my daughter will have to pay the overdraft.

Can they refuse to stop the card from being used any further knowing that the card could be used again? It seems very unfair to me.

Thanks

glentoran99

Are you sure she has phoned the bank? Seems unlikely they refuse to block the card

bigadaj

What transactions have been undertaken, did she have a PIN number?

She should ring and cancel the card immediately, if they refuse ask to raise as a formal complaint and insist this is progressed.

Whether she is liable for the money previously spent is open to debate dependent on what and how the account has been accessed.

sarah7610

Yes, they said it's because she knows the person who has it and they said she has to go to the police but the problem with that is they aren't a nice family and she is worried they would do something, which they probably would.

DrSyn

Seems very unlikely they would refuse to block the card if she had reported it stolen, which is what you are saying.

Your daughter could always use the banks complaint procedure.


Questions.

1. How did this former friend know daughter's pin number?

2. Why did your daughter leave her card at the friends house in the first place?

3. As the two had fallen out with each other,why did she not report the card lost as soon as the friend could not find or return the card?

4. Is your daughter sure she never lost her card somewhere else?

5. What proof does she have that the former friend is the one using her card?

PeacefulWaters

Your daughter cannot be held liable for any amount of overdraft created by unauthorised third party withdrawals, whether negligent or not.

This is covered by the 1974 Consumer Credit Act.

DCFC79

Should have just got the card blocked saying it was lost but what's done is done.

Id give the bank another try and just say its been lost.

How come the friend knew the PIN ?

sarah7610

I don't know how she knows the pin number or even if she does. You don't need a pin to shop online.

My daughter definitely phoned the bank as I was there. If she hadn't have phoned the bank then I wouldn't be on here.

This isn't a post to question my daughters actions but a post to find out if a bank can refuse to block a card when asked by the card holder

PeacefulWaters

sarah7610 wrote: »

I don't know how she knows the pin number or even if she does. You don't need a pin to shop online.

My daughter definitely phoned the bank as I was there. If she hadn't have phoned the bank then I wouldn't be on here.

This isn't a post to question my daughters actions but a post to find out if a bank can refuse to block a card when asked by the card holder

You have two complaints.

Refusal to stop the card. Refusal to refund the fraud.

[Deleted User]

PeacefulWaters wrote: »

Your daughter cannot be held liable for any amount of overdraft created by unauthorised third party withdrawals, whether negligent or not.

This is covered by the 1974 Consumer Credit Act.

Are you saying that someone can willfully give their card and pin to a third party, let them use the card and then claim everything back if it takes you into an overdraft when you claim it's fraud?

What section of the Act states that?

[Deleted User]

glentoran99 wrote: »

Are you sure she has phoned the bank? Seems unlikely they refuse to block the card

Exactly. As the account holder, they can block the card regardless of who has or hasn't had access to it. To suggest a bank would refuse is ridiculous.