Debit card stolen. possible to cancel store transactions?

CardinalWolsey

To get the salient points correct - the OP has stated that the bank has "taken back" the 2 x £250 ATM withdrawals - i.e. these have physically been debited from their account. The £1500 have not yet been debited - but may be blocked funds / pending, either due to the clearing time from the retailer, or the bank having put a hold on the transactions.

OP - have you challenged the bank on the ATM transactions? The vast majority of bank ATM's (but not necessarily third-party ATM's, such as you would find in a corner shop, for instance), will take a snapshot of the person using the machine at the time of the withdrawal. Have your bank verified that these images are not you, or someone that you have confirmed as not being authorised to use your card (in which case the bank should be referring those images and the information it has to the police)?

It's worth noting the information here: http://www.theukcardsassociation.org.uk/individual/protection-against-fraud.asp which contains the paragraph:

"Legal protection
Victims of card fraud are legally protected to ensure they do not lose out financially. If you suspect you are a victim of fraud, it is important you contact your card issuer immediately so they can prevent further fraud. Your card issuer may also contact you if they notice unusual spending patterns on your account.Regulation and legal protections entitle card fraud victims to a refund, including any interest or charges on their account as a result of the fraud. If your credit or debit card issuer believes that you were responsible for any disputed transactions, it is up to them to prove it."

If, as you say, you have been the victim of fraud (or whatever associated term others on this site wish to give to the issue), your bank legally has to refund you.

If you have been grossly negligent, or for example the photos from the ATM transactions are of yourself, you are not protected. In the latter scenario, the bank may pursue you for fraud, if you stand by your claim. I know of someone who "could not guarantee that withdrawals were not made by themselves" when a bank pointed out that they would verify the photos, and would hold the account holder liable should the photos be of them.

So if you're sure of your facts, stand by your guns.

AndyMc.....

CardinalWolsey wrote: »

To get the salient points correct - the OP has stated that the bank has "taken back" the 2 x £250 ATM withdrawals - i.e. these have physically been debited from their account. The £1500 have not yet been debited - but may be blocked funds / pending, either due to the clearing time from the retailer, or the bank having put a hold on the transactions.

OP - have you challenged the bank on the ATM transactions? The vast majority of bank ATM's (but not necessarily third-party ATM's, such as you would find in a corner shop, for instance), will take a snapshot of the person using the machine at the time of the withdrawal. Have your bank verified that these images are not you, or someone that you have confirmed as not being authorised to use your card (in which case the bank should be referring those images and the information it has to the police)?

It's worth noting the information here: http://www.theukcardsassociation.org.uk/individual/protection-against-fraud.asp which contains the paragraph:

"Legal protection
Victims of card fraud are legally protected to ensure they do not lose out financially. If you suspect you are a victim of fraud, it is important you contact your card issuer immediately so they can prevent further fraud. Your card issuer may also contact you if they notice unusual spending patterns on your account.Regulation and legal protections entitle card fraud victims to a refund, including any interest or charges on their account as a result of the fraud. If your credit or debit card issuer believes that you were responsible for any disputed transactions, it is up to them to prove it."

If, as you say, you have been the victim of fraud (or whatever associated term others on this site wish to give to the issue), your bank legally has to refund you.

If you have been grossly negligent, or for example the photos from the ATM transactions are of yourself, you are not protected. In the latter scenario, the bank may pursue you for fraud, if you stand by your claim. I know of someone who "could not guarantee that withdrawals were not made by themselves" when a bank pointed out that they would verify the photos, and would hold the account holder liable should the photos be of them.

So if you're sure of your facts, stand by your guns.

How can someone be authorised to use the OP’s card?

CardinalWolsey

AndyMc..... wrote: »

How can someone be authorised to use the OP’s card?

Boyfriend, husband, partner, friend etc - given the card and PIN and asked to get cash out of the ATM, for example. Fairly common scenario.

AndyMc.....

CardinalWolsey wrote: »

Boyfriend, husband, partner, friend etc - given the card and PIN and asked to get cash out of the ATM, for example. Fairly common scenario.

Known as fraud.

theonlywayisup

unholyangel wrote: »

Why? Because its not what you would do in the same circumstances?

As the other phrase goes....nowt so queer as folk. While I might disagree with OP's attitude towards it (sticking your head in sand and hoping it doesn't bite you in the !!! rather than dealing with the situation), I find it perfectly plausible that someone might (upon being told by their bank that they're liable for the payments due to their PIN being used) be keen to limit their liability to £500 rather than £2000.

Your coined phrase is correct then isn't it.

Why would anybody accept a liability of £500 when they knew they had done nothing wrong.

CardinalWolsey

AndyMc..... wrote: »

Known as fraud.

To give someone your ATM card and your PIN number, and asking them to withdraw some money for you is not fraud (depending upon whom you lend both of these items to, it could be classed as stupid...) - actually a fairly common way of performing international remittances without some of the fees (husband comes to UK to work, get's UK debit/credit card, sends card back to wife abroad, they spend on card) - so very MSE!

Getting them to withdraw cash from an ATM and then claiming someone had stolen your ATM and shoulder-surfed your PIN would be fraud.

Which is why some people, when given the information that the ATM takes a photo of the person using the ATM with the card, subsequently decide to withdraw their accusations.

AndyMc.....

CardinalWolsey wrote: »

To give someone your ATM card and your PIN number, and asking them to withdraw some money for you is not fraud (depending upon whom you lend both of these items to, it could be classed as stupid...) - actually a fairly common way of performing international remittances without some of the fees (husband comes to UK to work, get's UK debit/credit card, sends card back to wife abroad, they spend on card) - so very MSE!

Getting them to withdraw cash from an ATM and then claiming someone had stolen your ATM and shoulder-surfed your PIN would be fraud.

Which is why some people, when given the information that the ATM takes a photo of the person using the ATM with the card, subsequently decide to withdraw their accusations.

Can’t you see the deception in that?

CardinalWolsey

AndyMc..... wrote: »

Can’t you see the deception in that?

In which bit? Have you never given your other half your card and asked them to get something from the shop for you whilst you were there (or a child, for example)?

Subsequently claiming that it wasn't you, nor anyone you had authorised - absolutely agree - very deceptive practice.

unholyangel

AndyMc..... wrote: »

Can’t you see the deception in that?

I can't see deception in that no, however more than deception is required to create a fraud offence.

AndyMc.....

CardinalWolsey wrote: »

In which bit? Have you never given your other half your card and asked them to get something from the shop for you whilst you were there (or a child, for example)?

Subsequently claiming that it wasn't you, nor anyone you had authorised - absolutely agree - very deceptive practice.

Using someone else’s card.