Credit Card unauthorised transactions/fraud

NorthEasterner123

Hello,
My grandmother was charged £250 and £200 in April and May by a company called Premier Protect 365, she has no recollection of such company and has not signed up for any of their services.  We contacted M&S bank to raise a dispute and they issued new credit card, account number and a new PIN.  They advised they would investigate these charges.   
Her July credit card statement now shows another charge of £200 by the same company, despite having new credit card numbers etc, how is this possible?  The transactions show as taken place in Malaga, ES on the statement. She has not been to Malaga or Spain for that matter in years.

Is it possible to raise a dispute under section 75 as these transactions are not authorised and she has not used her credit card online (doesn't even have a computer or smartphone) and has only used her card at local supermarket, which is shown correctly on the statement.

Also should M&S bank be responsible as how is the transaction allowed to happen under new card and account information, and why the bank fraud dept is not preventing this?
We would raise these points with the bank itself, but the foreign call centre cannot seem to grasp these concerns. Thanks in advance.

Careful_John

A quick Google shows that PP365 offer warranties on white goods and TVs. Are you sure your grandmother hasn't bought any new or new-to-her stuff and gone for a warranty on it?  
The Malaga thing is just a red herring - they offer warranties in the UK. 

eskbanker

NorthEasterner123 said:

The transactions show as taken place in Malaga, ES on the statement. She has not been to Malaga or Spain for that matter in years.

The transactions presumably show as being made to a company whose location is recorded as Malaga, or is there literally an explicit indication that the cardholder was physically present there?

NorthEasterner123 said:

Is it possible to raise a dispute under section 75 as these transactions are not authorised

No, she just needs to dispute the transactions as unauthorised (which is a different process from section 75).

NorthEasterner123 said:

Also should M&S bank be responsible as how is the transaction allowed to happen under new card and account information, and why the bank fraud dept is not preventing this?

The bank are liable for unauthorised transactions (regardless of these being on a new card or an old one), so will refund unless they can demonstrate that the cardholder was complicit.  The burden of proof is on the bank to show that the cardholder did authorise a transaction rather than the cardholder having to prove that they didn't....

NorthEasterner123

Careful_John said:

A quick Google shows that PP365 offer warranties on white goods and TVs. Are you sure your grandmother hasn't bought any new or new-to-her stuff and gone for a warranty on it?  
The Malaga thing is just a red herring - they offer warranties in the UK. 

Hi, no, never gone for additional warranties on white goods or TVs etc.  All her purchases for such items from John Lewis and never opted for extended warranty etc.

NorthEasterner123

eskbanker said:

NorthEasterner123 said:

The transactions show as taken place in Malaga, ES on the statement. She has not been to Malaga or Spain for that matter in years.

The transactions presumably show as being made to a company whose location is recorded as Malaga, or is there literally an explicit indication that the cardholder was physically present there?

NorthEasterner123 said:

Is it possible to raise a dispute under section 75 as these transactions are not authorised

No, she just needs to dispute the transactions as unauthorised (which is a different process from section 75).

NorthEasterner123 said:

Also should M&S bank be responsible as how is the transaction allowed to happen under new card and account information, and why the bank fraud dept is not preventing this?

The bank are liable for unauthorised transactions (regardless of these being on a new card or an old one), so will refund unless they can demonstrate that the cardholder was complicit.  The burden of proof is on the bank to show that the cardholder did authorise a transaction rather than the cardholder having to prove that they didn't....

Hi. No the cardholder (only her and no one else), not been anywhere abroad or out of town for the last few years.
Thank you for the rest of the information.  I wonder whether it is worth contacting the merchant (P Protect 365) and speak with them. 

born_again

NorthEasterner123 said:

Hello,
My grandmother was charged £250 and £200 in April and May by a company called Premier Protect 365, she has no recollection of such company and has not signed up for any of their services.  We contacted M&S bank to raise a dispute and they issued new credit card, account number and a new PIN.  They advised they would investigate these charges.   
Her July credit card statement now shows another charge of £200 by the same company, despite having new credit card numbers etc, how is this possible?  The transactions show as taken place in Malaga, ES on the statement. She has not been to Malaga or Spain for that matter in years.

Is it possible to raise a dispute under section 75 as these transactions are not authorised and she has not used her credit card online (doesn't even have a computer or smartphone) and has only used her card at local supermarket, which is shown correctly on the statement.

Also should M&S bank be responsible as how is the transaction allowed to happen under new card and account information, and why the bank fraud dept is not preventing this?
We would raise these points with the bank itself, but the foreign call centre cannot seem to grasp these concerns. Thanks in advance.

Has she had any cold calls on anything?
Life, health, mortgage ins etc?
Forget about where they are based, that means nothing in reality.
These will be either dealt with as a dispute or fraud. S75 is not applicable here.

NorthEasterner123

born_again said:

NorthEasterner123 said:

Hello,
My grandmother was charged £250 and £200 in April and May by a company called Premier Protect 365, she has no recollection of such company and has not signed up for any of their services.  We contacted M&S bank to raise a dispute and they issued new credit card, account number and a new PIN.  They advised they would investigate these charges.   
Her July credit card statement now shows another charge of £200 by the same company, despite having new credit card numbers etc, how is this possible?  The transactions show as taken place in Malaga, ES on the statement. She has not been to Malaga or Spain for that matter in years.

Is it possible to raise a dispute under section 75 as these transactions are not authorised and she has not used her credit card online (doesn't even have a computer or smartphone) and has only used her card at local supermarket, which is shown correctly on the statement.

Also should M&S bank be responsible as how is the transaction allowed to happen under new card and account information, and why the bank fraud dept is not preventing this?
We would raise these points with the bank itself, but the foreign call centre cannot seem to grasp these concerns. Thanks in advance.

Has she had any cold calls on anything?
Life, health, mortgage ins etc?
Forget about where they are based, that means nothing in reality.
These will be either dealt with as a dispute or fraud. S75 is not applicable here.

Nope, no cold calls or information given out to callers

born_again

NorthEasterner123 said:

born_again said:

NorthEasterner123 said:

Hello,
My grandmother was charged £250 and £200 in April and May by a company called Premier Protect 365, she has no recollection of such company and has not signed up for any of their services.  We contacted M&S bank to raise a dispute and they issued new credit card, account number and a new PIN.  They advised they would investigate these charges.   
Her July credit card statement now shows another charge of £200 by the same company, despite having new credit card numbers etc, how is this possible?  The transactions show as taken place in Malaga, ES on the statement. She has not been to Malaga or Spain for that matter in years.

Is it possible to raise a dispute under section 75 as these transactions are not authorised and she has not used her credit card online (doesn't even have a computer or smartphone) and has only used her card at local supermarket, which is shown correctly on the statement.

Also should M&S bank be responsible as how is the transaction allowed to happen under new card and account information, and why the bank fraud dept is not preventing this?
We would raise these points with the bank itself, but the foreign call centre cannot seem to grasp these concerns. Thanks in advance.

Has she had any cold calls on anything?
Life, health, mortgage ins etc?
Forget about where they are based, that means nothing in reality.
These will be either dealt with as a dispute or fraud. S75 is not applicable here.

Nope, no cold calls or information given out to callers

Does she have sky TV?

Had any while goods breakdown in the last few months?

brianposter

It is worth reading the Trustpilot reports on Premier Protect. The fact that the business still exists seems to indicate that some of our consumer protection authorities are pretty useless.

One also wonders how they manage to maintain any banking facilities.

brianposter

I would be inclined to make a formal complaint to your CC company that a business so obviously dishonest should not be being permitted to accept credit card transactions.

nyermen

Make sure the "continuous payment authority" is cancelled as well - that's how they were able to charge the new card.  Mention it to the bank.