Fraud withdrawal £470 Halifax refuse to help.

Placitasgirl

I stand corrected, thanks alanq.

Candyapple

duffy1807 wrote: »

Sorry, just to clarify the Card was used at a different ATM so their is no chance of leaving the card in the machine .

How far away is this new ATM where they allegedly withdrew the cash from in distance to the one you took the cash out from?

If you want your story to be believed you need to go to the police and inform them of what has happened so that they can investigate.

Placitasgirl

If the card was left in the machine by you and stolen, or taken from your person that it theft. You should report the theft of the card (and subsequently the money you say was withdrawn by persons unknown at the second machine) to the police.

You will have to explain how the person who stole your card would know your PIN to make these withdrawals.

mt99

The first thing I would like to say is that I believe the op when he said what has happened there is no reason to doubt him it must have been annoying and a little bit upsetting to find out what had happened

it looks to me as though you used your cashpoint card and manage to get your £40 out - you would have had to remove the card to get the cash. You probably then automatically put it back in your jeans pocket meanwhile the other person had probably seen your pin entry and managed to get the card out of your pocket

Contrary to what other people have said here I think you have paid good claim against the Halifax in the same way as if anybody had stolen your debit card and used it to withdraw money from your account the only slight problem is whether they will try and claim you have been negligent in allowing another person to see your pin that I'm afraid is one for you to argue with them

mt99

Oh and I suppose the other thing they will try and claim is that by keeping your debit card in your jeans pocket it was not very secure and therefore negligent - I have no idea on the rights or wrongs of this

there's a lot of stuff on refunds if you Google it - most stolen debit cards get their transactions refunded if they've been used to spend money for purchases. If they've been used in a card machine there is thr question of how the fraudster got the pin

in any case you can definitely escalate the complaint to the regulator if Halifax say no.

eskbanker

mt99 wrote: »

in any case you can definitely escalate the complaint to the regulator if Halifax say no.

You can't actually, as the regulator (the Financial Conduct Authority) doesn't accept consumer complaints.

You can escalate to the Financial Ombudsman Service if you're unsatisfied with the outcome of a complaint against a financial institution though....

EachPenny

camelot1971 wrote: »

School holidays again? Going by the terrible spelling in the OP, I would suggest they spend more time on their education and less time being a troll on the internet.

I thought the spelling issues added to the authenticity of the OP. I imagined someone typing it whilst still under the effects of an otherwise enjoyable night out

PeacefulWaters

duffy1807 wrote: »

Sorry , No these transactions did not ake me overdraw, I do not have an overdraft facility on my bank account .

OK, that rules out the Consumer Credit Act being in play to achieve a refund.

You need to make a claim to the bank that you didn't make the withdrawals in question. I assume the card has already been cancelled. When making the claim, get your facts straight and consistent.

The bank have to show that, on the balance of probabilities, you carried out the transactions. They will most likely say using the PIN number proves it was you.

If they decline your claim the next step is the Financial Ombudsman. They have commonly backed banks where the correct PIN has been used. But not always.

I think you're going to end up out of pocket. But that's not a certainty.

meer53

How did you manage to walk away from the ATM without your card ? This is why Halifax will refuse to refund you, you didn't report the card missing straight away. Yet you managed to remember someone distracting you ?

xylophone

How did you manage to walk away from the ATM without your card ?

Could he have dropped it? He says that he thought he had put it in the pocket of his jeans but it would be quite easy to have missed the opening.

The card wouldn't have made much noise when it fell to the pavement.

The person behind him could have seen the pin and taken advantage of the OP's "occident".

Money "gone west"? (Sorry - couldn't resist.)