Fraudulent Website / Credit Card Dispute

adamjschiller

I wonder if anybody can help with a problem I have had? Recently my son called me to his room saying he'd found something he wanted to buy online. I agreed without looking at the website properly and told him my credit card details. The OTP arrived on my phone and he typed it in the box. Nothing happened, so we tried again, and again nothing happened. I then got a call from Santander saying they suspected fraudulent activity was taking place. I spoke to somebody who cancelled my credit card straight away. The next day I discovered that two amounts of £185 had come out of my card. I flagged this up with the Santander fraud team who investigated, but after a couple of weeks waiting have told me that I can't have the money back as 'the disputed transactions have been authenticated using a One Time Passcode sent to your mobile phone. There is no evidence of a third party compromise'. Having looked again at the website it is obviously bogus and indeed has now disappeared, though I did take screenshots. They also emailed me two 'invoices' showing the amounts they charged. I know I have been duped and it is my fault for letting this happen, but surely by using a credit card I am protected and should get the money back? If not I believe I might stand a chance using Section 75 of the Consumer Credit Act. Any advice would be greatly appreciated.

MattMattMattUK

adamjschiller said:

I wonder if anybody can help with a problem I have had? Recently my son called me to his room saying he'd found something he wanted to buy online. I agreed without looking at the website properly and told him my credit card details. The OTP arrived on my phone and he typed it in the box. Nothing happened, so we tried again, and again nothing happened. I then got a call from Santander saying they suspected fraudulent activity was taking place. I spoke to somebody who cancelled my credit card straight away. The next day I discovered that two amounts of £185 had come out of my card. I flagged this up with the Santander fraud team who investigated, but after a couple of weeks waiting have told me that I can't have the money back as 'the disputed transactions have been authenticated using a One Time Passcode sent to your mobile phone. There is no evidence of a third party compromise'. Having looked again at the website it is obviously bogus and indeed has now disappeared, though I did take screenshots. They also emailed me two 'invoices' showing the amounts they charged. I know I have been duped and it is my fault for letting this happen, but surely by using a credit card I am protected and should get the money back? If not I believe I might stand a chance using Section 75 of the Consumer Credit Act. Any advice would be greatly appreciated.

What were you attempting to buy and have you received what you were attempting to buy?

adamjschiller

It was a graphics card. Nothing received and nothing going to be. The web address now diverts to a very rude one indeed.

adamjschiller

MattMattMattUK said:

adamjschiller said:

I wonder if anybody can help with a problem I have had? Recently my son called me to his room saying he'd found something he wanted to buy online. I agreed without looking at the website properly and told him my credit card details. The OTP arrived on my phone and he typed it in the box. Nothing happened, so we tried again, and again nothing happened. I then got a call from Santander saying they suspected fraudulent activity was taking place. I spoke to somebody who cancelled my credit card straight away. The next day I discovered that two amounts of £185 had come out of my card. I flagged this up with the Santander fraud team who investigated, but after a couple of weeks waiting have told me that I can't have the money back as 'the disputed transactions have been authenticated using a One Time Passcode sent to your mobile phone. There is no evidence of a third party compromise'. Having looked again at the website it is obviously bogus and indeed has now disappeared, though I did take screenshots. They also emailed me two 'invoices' showing the amounts they charged. I know I have been duped and it is my fault for letting this happen, but surely by using a credit card I am protected and should get the money back? If not I believe I might stand a chance using Section 75 of the Consumer Credit Act. Any advice would be greatly appreciated.

What were you attempting to buy and have you received what you were attempting to buy?

It was a graphics card. Nothing received and nothing going to be. The web address now diverts to a very rude one indeed. It was definitely a scam.

DCFC79

My advice OP is to do research on a website, posters on here will tell you if its a safe one or not if you post it.

MattMattMattUK

adamjschiller said:

MattMattMattUK said:

adamjschiller said:

I wonder if anybody can help with a problem I have had? Recently my son called me to his room saying he'd found something he wanted to buy online. I agreed without looking at the website properly and told him my credit card details. The OTP arrived on my phone and he typed it in the box. Nothing happened, so we tried again, and again nothing happened. I then got a call from Santander saying they suspected fraudulent activity was taking place. I spoke to somebody who cancelled my credit card straight away. The next day I discovered that two amounts of £185 had come out of my card. I flagged this up with the Santander fraud team who investigated, but after a couple of weeks waiting have told me that I can't have the money back as 'the disputed transactions have been authenticated using a One Time Passcode sent to your mobile phone. There is no evidence of a third party compromise'. Having looked again at the website it is obviously bogus and indeed has now disappeared, though I did take screenshots. They also emailed me two 'invoices' showing the amounts they charged. I know I have been duped and it is my fault for letting this happen, but surely by using a credit card I am protected and should get the money back? If not I believe I might stand a chance using Section 75 of the Consumer Credit Act. Any advice would be greatly appreciated.

What were you attempting to buy and have you received what you were attempting to buy?

It was a graphics card. Nothing received and nothing going to be. The web address now diverts to a very rude one indeed. It was definitely a scam.

You might be in a bit of a grey area, however I think you can get your money back, unless they view the whole process as "gross negligence". From what is written in your post your first complaint was probably about an unauthorised transaction, as you authorised the transaction via the secure system using an OTP the transaction was not "unauthorised", you explicitly authorised it, twice.

You can now begin a chargeback or S75 claim under the Consumer Credit Act, that is a different thing, breach of contract, if they have taken an order, but you have not received goods, then you have a claim on that basis, it is however a different process to dealing with unauthorised transactions. 

adamjschiller

MattMattMattUK said:

adamjschiller said:

MattMattMattUK said:

adamjschiller said:

I wonder if anybody can help with a problem I have had? Recently my son called me to his room saying he'd found something he wanted to buy online. I agreed without looking at the website properly and told him my credit card details. The OTP arrived on my phone and he typed it in the box. Nothing happened, so we tried again, and again nothing happened. I then got a call from Santander saying they suspected fraudulent activity was taking place. I spoke to somebody who cancelled my credit card straight away. The next day I discovered that two amounts of £185 had come out of my card. I flagged this up with the Santander fraud team who investigated, but after a couple of weeks waiting have told me that I can't have the money back as 'the disputed transactions have been authenticated using a One Time Passcode sent to your mobile phone. There is no evidence of a third party compromise'. Having looked again at the website it is obviously bogus and indeed has now disappeared, though I did take screenshots. They also emailed me two 'invoices' showing the amounts they charged. I know I have been duped and it is my fault for letting this happen, but surely by using a credit card I am protected and should get the money back? If not I believe I might stand a chance using Section 75 of the Consumer Credit Act. Any advice would be greatly appreciated.

What were you attempting to buy and have you received what you were attempting to buy?

It was a graphics card. Nothing received and nothing going to be. The web address now diverts to a very rude one indeed. It was definitely a scam.

You might be in a bit of a grey area, however I think you can get your money back, unless they view the whole process as "gross negligence". From what is written in your post your first complaint was probably about an unauthorised transaction, as you authorised the transaction via the secure system using an OTP the transaction was not "unauthorised", you explicitly authorised it, twice.

You can now begin a chargeback or S75 claim under the Consumer Credit Act, that is a different thing, breach of contract, if they have taken an order, but you have not received goods, then you have a claim on that basis, it is however a different process to dealing with unauthorised transactions. 

Thank you, it sounds like I am more likely to get somewhere going down the S75 route. Do you know if this only applies to trading companies? I was conned by a fake one that doesn't even have a website anymore.

Jenni_D

S75 means that any claim you have against the trader you have an equal claim against the credit provider. Even though the seller may be bogus you still have a claim under S75.

davidmcn

Jenni_D said:

S75 means that any claim you have against the trader you have an equal claim against the credit provider. 

... Assuming the OP is not merely the cardholder paying but was also the customer of the website. 

Jenni_D

davidmcn said:

Jenni_D said:

S75 means that any claim you have against the trader you have an equal claim against the credit provider. 

... Assuming the OP is not merely the cardholder paying but was also the customer of the website. 

Good point well-made.