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My contactless card was obviously used fraudulently.

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Today I noticed that in June of this year (I know this is a long time ago) five transactions were made with my contactless card in unfamiliar establishments in unfamiliar parts of London, potentially on one night. The card was cancelled the next day, however my claim was denied because it 'did not match fraudulent criteria'.

I didn't check my statements at the time, as I had so much going on with work and life. I'm organising my finances now things have quieted down and I'll be submitting my self assessment soon.

The advisor I spoke to repeatedly asked me to confirm details that I had not given him, details which I believe would have invalidated my claim. When I reasserted my statements and told him I was concerned he was trying to lead me into contradicting my recollection of events he actually told me that he was offended, and that he was just trying to do his job. :lipsrseal .

We basically spoke for over an hour in which he relentlessly tried to make me time and date events which would have ended my claim, even asking several times If I'd adequately destroyed and disposed of the card we had already established that I had either lost or been 'relived of'.
Is there anyway I can appeal or elevate the claim?

Frankly I'd even be interested in filing a complaint, I understand that some people have to deal with distressed individuals in exasperating situations but my 'advisor' was really quite volatile. At one point I had to asked him to return to a more formal tone, as he was practically hissing at me.

And I just can't see where my logic was compromised, or how anyone could view these transactions as usual given the information.

The Bank is Lloyds.
Any advice would be very appreciated.
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Comments

  • [Deleted User]
    [Deleted User] Posts: 26,612 Forumite
    First Anniversary Name Dropper Photogenic First Post
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    If the card was "obviously" used fraudulently, then it should be a simple matter to prove it to the Bank. Are you saying the card was not in your possession or are you alleging that it was somehow used for sales that you had no way of making?

    No point complaining about the manner in which you were interviewed..

    Complaining five months after the event severely hampers your case too...
  • GlassGiraffe
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    Hello Money, thank you for your input!

    I don't have an Alibi, it was physically possible for me to make the purchases which I believe to be fraudulent. I think it's fair to say that these transactions are 'obviously' fraudulent based on the nature of the transactions and the location of the transactions.

    They were:

    All contactless.
    All on the same night.
    All in an area that is not my home and that I have never visited.
    All at stores which, according to companies house, predominantly sell alcohol and tobacco products.
    Three are consecutive purchases, under £30, in the same store.
    All transactions on the date I reported my card missing or stolen, with the exception of two, which may have had longer processing times (The agent knew the individual processing times but would not tell me).

    And in regards to me complaining, you are totally right. However, fraud protection is a service my bank provides. The representative I spoke to was emotional and combative, despite me being calm. If I'd lost thousands, I don't think I would have been able to maintain my composure, and I think that's an intended strategy.

    There is no excuse for noticing the transactions so late, I missed them.
    This telephone call took place half an hour before my post.
  • -taff
    -taff Posts: 14,665 Forumite
    First Anniversary Name Dropper Photogenic First Post
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    If you've only just noticed the fraudulent transactions, why was the card cancelled the day after and not followed up on?
    Or did you cancel it before speaking to the advisor?
    Shampoo? No thanks, I'll have real poo...
  • GlassGiraffe
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    Hello Taff,

    I cancelled it because I needed a new one, because It was gone. I didn't follow it up (as in monitor and check my statements soon after) simply because I'm stupid. I cancelled it five months ago, so five months before speaking to the advisor. I'm working through my statements now as I use the CSV's to form my self assessment tax calculations, it was today I reached June's statement and the transactions I believe to be fraudulent.
  • TrickyDicky101
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    You are fortunate in that the total value is presumably no more than £150 due to the transactions being contactless?

    I agree with the other posters (and you yourself) that 5 months is a very long time, however, I don't agree that the 'adviser's' conduct should be disregarded. No reason why professionalism shouldn't be maintained at all times.

    I would go back to the bank and make it clear you wish to make an official complaint based on their refusal to refund the fraudulent transactions and the adviser's conduct. Make it clear you intend referring the matter to the FOS if they don't resolve in your favour.

    Note I think getting a refund for the fraudulent transactions would be unlikely as let's face it, they're not that unusual (and presumably you live in London or are there regularly?) and you don't know where your card was at the time and hadn't reported it lost or stolen.

    However, for such a low amount, and to avoid the FOS getting involved, the bank is likely to reimburse you.
  • [Deleted User]
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    I would go back to the bank and make it clear you wish to make an official complaint based on their refusal to refund the fraudulent transactions and the adviser's conduct.
    I'm certain the Bank will have a recording of the call and will investigate any complaint that the telephone adviser was "volatile" "emotional" and "combative" and they may well refund as a gesture of goodwill, but I don't agree threatening them with FOS would be productive.
  • TrickyDicky101
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    I'm certain the Bank will have a recording of the call and will investigate any complaint that the telephone adviser was "volatile" "emotional" and "combative" and they may well refund as a gesture of goodwill, but I don't agree threatening them with FOS would be productive.

    It increases the likelihood that the bank will settle the matter if they think the OP is likely to follow through with a referral if for no other reason than to make OP go away.

    The morals of raising a complaint and indicating a FOS referral are debatable - but it is the OP's right and is the most likely way to get the money back.
  • [Deleted User]
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    The morals of raising a complaint and indicating a FOS referral are debatable - but it is the OP's right and is the most likely way to get the money back.
    I think we'll have to agree to disagree on this one. Nothing to stop the OP from referring his complaint to the Ombudsman if it is not upheld, but I prefer a polite initial complaint to a threatening one.
  • TrickyDicky101
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    Being firm as to outcome (ie likely referral) does not necessarily mean being 'threatening' and I wholeheartedly agree to keeping everything extremely polite.
  • GlassGiraffe
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    Thanks Tricky,

    This is really good advice, I've phoned the bank back and I will soon have another round with the fraud department. I'll gather as much supporting evidence until then, if I'm denied again, I may well just live with it. But if the call isn't handled professionally, or a reasonable explanation is not given, I'll contact the FOS.

    You are correct in that, the total value was around £103. I'm fortunate, this could have been much worse.

    Although I have no significant debt, I'm freelance, so during demanding work period I often neglect the personal admin this would fall under. Of course that is no excuse, if anything I should be more vigilant. I can be reckless about finance in general and it's something I'd like to become more mindful of.

    I do however, consider the nature of the purchases to be characteristic of somebody coming across a functioning contactless card, taking it back to their borough and using it at their local off-licence(s) until the transactions were no longer authorised or suspicion was aroused. The card was reported stolen as soon as I realised it was missing, at 7:56 the following morning, £103 was spent in off-licences during the night.

    I can also form a narrative in which somebody might do this with their own card, to the extent it might be usual behaviour for such a character, but that narrative is in no way supported by my purchasing habits which were very much under scrutiny during my claim. I do live in London, but these are local off licences far from my home. It's a long way to go shopping and it's no place to drink.

    I'll keep you updated if you are interested.

    Thanks
    Samuel
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