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Barclays Withdrawal limits / fraud repayment - issue, need help

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Comments

  • mgdavid
    mgdavid Posts: 6,710 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Centrile wrote: »
    @mgdavid

    I would appreciate if you dont have anything constructive to add, that you keep your comments to yourself.

    ..........


    It is constructive in the sense of changing what you do in future, otherwise you are at risk of losing money over and over again.
    I'm fairly sure you didn't get caught exposing your PIN input or your pockets while thinking 'oh I can only lose £300 maximum, so why worry'.
    The questions that get the best answers are the questions that give most detail....
  • BooJewels
    BooJewels Posts: 3,010 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    Centrile wrote: »
    I would appreciate if you dont have anything constructive to add, that you keep your comments to yourself.

    While i explained the situation i was in my question in my original post i wasnt really complaining about how they got my pin it was what i can do about the lack of transparency with regards to cash withdrawals (being over 2k from a unmanned machine & my rights with regards to immediate refund, if you responses on not with that in mind please dont join this post to flame me.
    I for one (purely as a bank customer, I have no further inside knowledge) was simply not aware that there were different levels of cash machine that might offer different limits or conditions of use - so I would feel equally aggrieved as you do to be caught out by this.

    I don't bank with Barclays, but my own bank seemingly have a similar limit for ATMs, but a higher limit for cash withdrawals "over the counter in branch". So I certainly wouldn't expect a thief to be able to take more than those published amounts if they got hold of my materials.

    But equally, I do expect to take some responsibility for protecting said materials with some considerable degree of care. Holding your second hand over the keypad as you enter your PIN is ATM use 101 as zagfles pointed out on page 1 (I also pretend to touch other buttons on the keyboard between the genuine ones to make it even harder to spot what my actual PIN is). Likewise, keeping your card on your person in such a manner as it couldn't easily be picked is one of the responsible things you do as a grown up. If you get overly defensive with everyone who posts a response you don't approve of, all you do is alienate all posters who might be able to offer help - no one has flamed you.

    But if everything happened as you posted, it should get sorted fairly easily, as ATMs have cameras and the time and location of the machines used is a matter of record, so once footage is examined, the sequence of events should be easily clarified - but clearly you need to allow them time to do this. It has also been my experience that if banks take a course of action which forces you to go into an overdraft etc., which is then rectified and isn't your fault, they reimburse or waive any charges that might incur, so if all is well, you shouldn't experience anything other than inconvenience. Put that down as a learning experience and decide to do things better in future.
  • Centrile, was your card really loose in your pocket on its own? Did the thief not get anything else? What about the cash you were going to use in the bar - or was that loose in a different pocket?

    Sorry, you've lost out and all that, but it just goes to show how costly being careless can be.

    That said, I too am surprised that an unmanned machine dispensing cash can be used in such a way. If it were me I'd be jumping up and down at Barclays as they seem to have missed a trick with their risk management in this area.
  • jonnygee2
    jonnygee2 Posts: 2,086 Forumite
    1,000 Posts Second Anniversary Name Dropper Combo Breaker
    FSA states that the bank must refund me immediately unless they can prove i authorised the payments and the person having my PIN is not proof

    Actually there are two situations they can refuse to refund you, which is that;

    a) They prove you are involved or
    b) They can prove you were negligent

    It isn't a court of law, though, and the term 'proof' really means 'strong evidence'. They don't need a photo of you authorising the transaction, just enough circumstantial evidence to say it was probably one of the two above.

    Although someone having your PIN number isn't necessarily proof of these (as per FCA guidance), it can still be used as a large part of the justification for a decision not to refund. After all cash machines all tell you to hide your PIN while entering it - if you didn't do that that could be seen as negligence. If there's no credible explanation as to how your PIN was obtained they may well decide not to credit.

    They also have the right to investigate thoroughly before making a decision.

    If they decide not to credit you, then you can complain about this to Barclays, and subsequently the FCA, but you must allow Barclays to follow their own internal procedures first. The FCA do overturn some decisions, but not always. It's often worth the appeal - even the banks don't know exactly what the FCA will decide is reasonable. BUT don't fully assume that either the Barclays or the FCA will be in your favour.
  • Thrugelmir
    Thrugelmir Posts: 89,546 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Centrile wrote: »
    my rights with regards to immediate refund, if you responses on not with that in mind please dont join this post to flame me.

    To state the obvious. You could be lying. People would pull the stunt daily if it were that easy.

    Wasn't Barclays fault you both lost your card and disclosed your PIN. Throwing mud at Barclays isn't going to endear your long term relationship with them.

    A degree of patience needs to be adopted.
  • flo22
    flo22 Posts: 366 Forumite
    Part of the Furniture 100 Posts Name Dropper Combo Breaker
    They would have had to pass additional security for the 3 x £500 transactions, can you be certain that this has not been done by someone known to you? It seems odd that 3 transactions for £500 have been done when once additional security had been passed the £1500 could have been withdrawn in one transaction.
    30+ years working in banking
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