Am i really too late?

1gabriella

I have just phoned my bank (Nationwide) regarding a payment on my Credit Card NOT authorised by me, they say its a scam and there is nothing I can do about it as it was in September 2015, I know I should have spotted it earlier, but was in the middle of moving and paperwork just got filled. Is this correct? the tax man can claim from you after 5yrs, why can't I??? :mad:

Terry_Towelling

It is true to say that the transaction is now too old for Nationwide to recover it through the Chargeback mechanism (assuming the payment type was suitable for Chargeback). It is not too late to tell them that you believe it to be a fraud and Nationwide still has avenues available to it to try and obtain more information about the transaction.

You need to refer to the T&Cs of your card and see exactly what they say about allegations of fraud. There are also those on the forum who will tell you that if you allege it to be fraud, then you are entitled to an immediate refund pending the outcome of an investigation into the transaction.

Whether that is entirely accurate, I am not sure. Others will be able to tell you whether it is and, if so, quote chapter and verse on how the law/T&Cs support this stance.

eskbanker

Terry_Towelling wrote: »

You need to refer to the T&Cs of your card and see exactly what they say about allegations of fraud. There are also those on the forum who will tell you that if you allege it to be fraud, then you are entitled to an immediate refund pending the outcome of an investigation into the transaction.

Whether that is entirely accurate, I am not sure. Others will be able to tell you whether it is and, if so, quote chapter and verse on how the law/T&Cs support this stance.

I'm not sure there's any need to actually allege fraud as such, my impression was simply that the cardholder can advise their card company that a transaction was unauthorised, and the FCA does indeed make it clear in these circumstances that a prompt refund should be given, as per https://www.fca.org.uk/consumers/unauthorised-payments-account:

In most cases the bank must refund the payment without undue delay and by the end of the business day following the day on which it became aware of the problem, unless it has reasonable grounds for suspecting that you have acted fraudulently.

However, that same article also confirms that there is a time limit, in that the bank can refuse a refund if

you told your bank about an unauthorised payment 13 months or more after the date it left your account, so make sure you contact the bank as soon as possible.

so over three years is indeed too late to pursue this.

18cc

It is too late to get a refund from your credit card.

What the card issuer may be able to do is tell you who took the money (if you don't know already).

You can then contact the merchant and ask for a refund. If not forthcoming, and depending on the amount involved, you could possibly take them to the small claims court.

eskbanker

18cc wrote: »

It is too late to get a refund from your credit card.

What the card issuer may be able to do is tell you who took the money (if you don't know already).

You can then contact the merchant and ask for a refund. If not forthcoming, and depending on the amount involved, you could possibly take them to the small claims court.

Why would a merchant (an innocent party in all this) issue a refund, having provided goods or services in exchange for payment authorised by the bank over three years ago? And on what basis would any court find against them?

18cc

Sorry when I said merchants I meant the person who requested the money from the card ie the retailer or whatever I

i am only going on the basis that this person was not authorised to take the money as the Op said

jonesMUFCforever

18cc wrote: »

Sorry when I said merchants I meant the person who requested the money from the card ie the retailer or whatever I

i am only going on the basis that this person was not authorised to take the money as the Op said

In principle I agree with you - but where do you draw the line?
You could argue that the OP has accepted the transaction - no use saying he was moving that is not an excuse IMO.

18cc

Yes I agree totally that is why probably the only recourse is to try and contact the retailer and find out if it was perhaps a genuine mistake or whether it was something else

in any case if the retailer says no then the only recourse will be to the small claims court where everybody can put their side and a judgement made

eskbanker

Not sure why (perhaps confusion with another thread) but I'd assumed that this was a case of a fraudster getting hold of OP's card details and using them at a merchant who was none the wiser, but yes, it's also a possibility that the merchant themselves made an error or deliberately put an unauthorised transaction through, so I was premature in declaring the merchant to be an innocent party! Perhaps OP will clarify what else is known about what happened....

eco_warrior

Knowing the whole story would help. If its a scam what was the scam?


Many people claim a transaction to be not-authorised or fraud when there much more to the picture. For example the card details were given so its more of a dispute situation. Or perhaps the person has unwittingly signed up to something making the transaction an authorised one.


Id say working that out comes first and foremost before considering the time that has since passed.

LABMAN

I'd struggle to remember half of what I bought and who I bought it from three years ago if I looked at the statements from that long ago!