Aqua - Credit Card Fraud

leviwhufc

Hi,

I'm hoping someone here will be able to help with my case.

Whilst I was travelling California I got an in app notification stating I was near my credit card limit, I hadn't used my card since visiting a skydive centre and which took me nowhere near my credit card limit. I called customer services to find out what was going on to find out my card was being used at a shopping outlet, they advised me that they had tried to make a transaction more than double my limit (declined), but had been successful in spending £1500. I was advised not to worry, call when I arrive home and it will all be sorted out. Called the day I got home, went through the details of my trip and known transactions and told my account would be under investigation.

Received a call a few weeks later holding myself liable for the transactions and if I wanted to appeal I had to wait for a written letter that could not be emailed, which never arrived and I had to re-request. In the mean time I paid the transactions I had made myself (£500) as I advised I would throughout my calls. I appealed once receiving the number finally, to be called last Friday holding me liable, reasons being chip and pin transaction in the same state as my travel (California) & 24 hours after the skydive transaction.

I now have to wait for a letter in the post to write a written 'complaint' which will form a further appeal.
I have since requested CCTV from all stores the card was used in writing.
The outlet was over 150 miles west of the sky dive centre (Yosemite), I was heading south for my return flight from L.A.
Throughout I have stated that I am unable to pay this money back, I feel as it's a high interest card they're using this as means to extract money from me in interest as I am unable to pay.

I have 5 other credit cards, all used as debit cards basically as I clear my balance in full every month. The card that has been abused is my lowest limit card, no other cards were compromised during my trip. So far far I have been charge 2 No. £12 overlimit fees and £87.69 interest.

I have no means to pay this amount in full, the interest is just horrific. Any advice on how I can pursue this further would be appreciated. I do not have the card in question, it was lost during my trip, last knowingly had it at the skydive centre, I have also emailed them for CCTV footage. I'm not sure if I have missed anything else that may be of use for a successful and much needed refund.

[Deleted User]

Once you get the letter, you'll be able to see the reasoning for their decision and respond appropriately.

If you can't get resolution, then you can escalate to the Ombudsman.

leviwhufc wrote: »

Throughout I have stated that I am unable to pay this money back, I feel as it's a high interest card they're using this as means to extract money from me in interest as I am unable to pay.

That's just conspiracy nonsense, so don't bother pursuing that line of madness.

eskbanker

leviwhufc wrote: »

Whilst I was travelling California I got an in app notification stating I was near my credit card limit, I hadn't used my card since visiting a skydive centre and which took me nowhere near my credit card limit.

[...]

I do not have the card in question, it was lost during my trip, last knowingly had it at the skydive centre

So you lost the card and it was used (presumably by the finder or thief) before you reported it missing?

That doesn't put you in a particularly strong position, but ultimately the card company has to demonstrate that it was you who used it rather than you having to prove it wasn't. Use of the PIN doesn't help either (but can still be argued), how do you think someone else got hold of your PIN?

jimbo26

Your problem is going to be the issue of the PIN. It is highly unlikely the PIN was guessed (1 in 10,000 chance), so in the eyes of the credit card company you have either disclosed the PIN, been careless and have been shoulder surfed, or left the PIN with the card.

leviwhufc

Returned home from work and the letter has arrived.

It reads;
I have reviewed your claim and will the information you have supplied I write to advise you that I am upholding the decision to decline the claim.

In order to make our decisions, we take into account several factors during the course of our investigations, including patterns of transactions, possibility of cloning and whether the PIN has been entered correctly, in the interest of fraud prevention we are unable to provide specifics.

I understand you may be disappointed with our decision, whilst I appreciate your circumstances, I feel we have acted in a fair and reasonable manner. If you’re unhappy with our decision about this claim please contact us by writing to;
Then the complaint address

Have heard back from the skydive centre they only hold one months CCTV, waiting to here back from the outlet and the stores it was used.

leviwhufc

I only realised it was missing when I got the app notification. Otherwise it wouldn’t have been until I returned home and got my statement in the post.

In terms of how the pin was obtained I can’t comment, perhaps shoulder surfed at the sky dive centre or card cloned, but I haven’t the slightest idea how that works either.

Terry_Towelling

Your card won't have been cloned to make CHIP and PIN transactions.

Did you do a sky-dive? Did you have to leave all of your personal belongings in a locker at the centre when you did the dive?

It isn't unknown for fraudulent staff at retailers to use the CCTV to watch PIN entry, then match up customers with their PINs and the place where their possessions are stored. They then relieve them of their cards whilst they are supposedly safely stored and the customer is 20,000 feet up in the air.

Were the staff particularly attentive with you and in finding you a locker - if that's what actually happened, of course.

Your issuer may believe you did not make the transactions but they are probably holding you liable on the grounds of negligence with your PIN. If you can convince them that you weren't negligent with it, you may have a better chance of success.

Your issuer also needs to report these transactions as fraud through their approved systems and try to establish whether other customers have been defrauded after visiting the same sky-dive establishment.

I'm not holding out much hope for you, but don't give up just yet.

maxximus75

They say it's chip and pin? I didn't think that this system was widely used across America as they mostly use a swipe and sign?

eco_warrior

The fact the card was still being used and declined for amounts more than your available spend/credit limit is imo quite a good indication of fraud.

I’ve also known cards to be cloned in the states and used almost immediately at ATMs, this was 10 years ago though.

Raise a complaint then go to FOS

leviwhufc

eco_warrior wrote: »

The fact the card was still being used and declined for amounts more than your available spend/credit limit is imo quite a good indication of fraud.

I’ve also known cards to be cloned in the states and used almost immediately at ATMs, this was 10 years ago though.

Raise a complaint then go to FOS

That was my point exactly, as well as having other cards with a greater available balance, their reasoning is extremely unfair in my opinion.

I now have;
Email from the skydive centre
Statements from current accounts/credit cards showing greater available balances
Google map images from sky dive to shopping outlet & skydive to my actual whereabouts (L.A not S.F).
Hoping the outlet contacts me today with some CCTV footage.

leviwhufc

Terry_Towelling wrote: »

Your card won't have been cloned to make CHIP and PIN transactions.

Did you do a sky-dive? Did you have to leave all of your personal belongings in a locker at the centre when you did the dive?

It isn't unknown for fraudulent staff at retailers to use the CCTV to watch PIN entry, then match up customers with their PINs and the place where their possessions are stored. They then relieve them of their cards whilst they are supposedly safely stored and the customer is 20,000 feet up in the air.

Were the staff particularly attentive with you and in finding you a locker - if that's what actually happened, of course.

Your issuer may believe you did not make the transactions but they are probably holding you liable on the grounds of negligence with your PIN. If you can convince them that you weren't negligent with it, you may have a better chance of success.

Your issuer also needs to report these transactions as fraud through their approved systems and try to establish whether other customers have been defrauded after visiting the same sky-dive establishment.

I'm not holding out much hope for you, but don't give up just yet.

Good morning,

I did do a skydive and left my personal belongings at the centre whilst I jumped. This was a line of enquiry by the credit card company. The point that I should've checked my belongings more carefully before departing the centre is valid. But I had just jumped out of an aeroplane for the first time, it genuinely didn't cross my mind. As above I only realised something was up due to receiving a notification, otherwise it would've gone unnoticed until I got home!

I don't think I was negligent with my pin, I never have written any of them down, or disclosed to friends/family.

Aqua is owned by New Day, I also have a Amazon, New Day account. I have cleared my balance like I do every month for all my credit cards. I am considering calling and closing my account, after this experience I really don't want to be dealing with this company again. Would you advise this?