Debit card charged incorrect amount issue

eskbanker

Nasqueron said:

Call if theft then, arguing semantics is pointless when OP was a victim.

But it's not pointless semantics - 'fraud' is an unhelpfully generic term that doesn't equate directly to specific reasons to seek to reclaim funds from a bank.

Banks are required by regulations to reimburse unauthorised transactions, i.e. where the account-holder hasn't participated in the transaction, but obviously that doesn't apply here.

Separately there is chargeback, an industry scheme rather than a statutory one, under which there are various claimable scenarios, such as goods not received, or similar breach of contract.  Being able to demonstrate a difference between authorised transaction value and actual amount debited should be one of these, but if the bank has rejected OP's claim by virtue of lack of evidence, then it really isn't as simple as OP being able to say "but it's fraud" (or theft), so it remains important to give OP accurate guidance about how they can convince their bank that there's a valid claim, i.e. one that they're demonstrably on the hook to reimburse.

ChargebackCharlie

DullGreyGuy said:

ChargebackCharlie said:

i do note that you said it was made contactless for over 200 Euros which I’m sure would be above the limit for a contactless transaction, so did you enter your PIN for this transaction?

Also, as scheme rules differ slightly, was this a Visa or Mastercard used?

The OP says it was a phone contactless payment not card and so there is no requirement for the card pin irrespective of the amount of the transaction, the phone's biometrics are used instead and with iPhone at least they are used on every transaction so it wouldn't help you to realise its a high value transaction. 

OP didn’t mention that the payment was made via a device until after my post.

DullGreyGuy

Nasqueron said:

born_again said:

Nasqueron said:

Report it as fraud, were you using your phone and does it have tracking to show the journey etc?

Fraud is when a unknown 3rd party uses your details. As far as banks go. 
In this case you could only dispute as OP made the transaction. Which card regulation's require a receipt for the amount expected. Which would have been the 200 euro's anyway. So no chargeback right.
Not sure how length of trip is going to help, OP could have offered a tip 🤷‍♀️Or agreed to the charge (which they did anyway by tapping phone)
A receipt would have given OP chance to point out to driver the error, which they should have done anyway on checking amount on screen.

Only hope for Op is to contact taxi firm & hope they can refund.

(Google Pay pings me the second I pay with what I just paid, I assume Apple does the same) but they didn't. I have seen similar cases e.g. in a money helper newspaper column where a driver refused cash and did the same scam of moving the decimal place.

It does but it requires data to be turned on which given the OP was overseas doesn't necessarily mean it was... in most cases actually get two pings instantly, one from ApplePay and one from the AmEx App to notify of a payment.

Nasqueron said:
The reason why the journey length is important is that a 15 minute taxi ride to the airport would cost X, whether it's €20 or €25 say, OP can show they did that journey. The fact it was €200 is obviously nonsense, nobody tips 1000%. It can help with the case at the FOS if OP sends it to them even if they ultimately reject it, it's better than nothing but bank should not just be saying "tough".

Civil law is based on the balance of probabilities and so I would agree with the argument however to say no one ever tips 1,000% is not correct as per the below previously reported $200,000 tip on an $11,000 bill



It's not the bank saying "tough"... the chargeback scheme runs by very prescriptive rules set by Visa, Mastercard, AmEx etc. The rules of the scheme require various proofs and have fixed outcomes with certain evidence and its not at the discretion of the bank. For a wrong amount taken you need to have a receipt to prove it was the wrong amount. 

Ultimately the OP can complain and go to the Ombudsman  and the bank may decide to give a gesture of goodwill rather than pay the Ombudsman fee but it's the normal application of the scheme rules. 

HillStreetBlues

Harambe123 said:

I raised the issue with the bank for a charge back request however they have instantly rejected the suggestion on the basis that I do not have a receipt. I’m not sure what to do in this situation. I would’ve thought that if a chargeback was issued then the merchant would be able to provide their invoice which they would have a record of. I also have no means of contacting the merchant as it was a hailed cab. I’d really appreciate some advice, thank you in advance.

I would make a complaint to your card issuer.
Just because you didn't have a receipts shouldn't mean a Chargeback is impossible. And like you say they might have seen it was a simple error.
If unhappy with their response then go to the Ombudsman.

ChargebackCharlie

HillStreetBlues said:

I would make a complaint to your card issuer.
Just because you didn't have a receipts shouldn't mean a Chargeback is impossible. And like you say they might have seen it was a simple error.
If unhappy with their response then go to the Ombudsman.

Agreed, the customer doesn’t need to provide proof at first chargeback stage for an incorrect amount dispute using a Mastercard with a Taxi service. It is optional.

The sticking point is that the chargeback is not available for verbal price agreements, so without any paperwork to support the claim at the next stage (assuming the merchant’s side challenge the claim) it is unlikely to succeed.

Harambe123

Thanks everyone for your input. My thought was that if this was charged back then the merchant, who I currently have no way of interacting with, may have a record of the cabs and the metered amount therefore would see the amount charged was grossly overinflated. This might be wishful thinking as I'm not sure if taxi companies keep this kind of tab on their vehicles.

It seems that I'm stuck at the initial stage without a receipt though. I will try to escalate it as a complaint but not holding out for much at this point.