Credit Card and Pin stolen...

HeadInSand_2

James wrote: »

I presume your PIN wasn't protected by any form of security on your phone, ie a PIN to view you details?

Yeah, he wrote the phone PIN on the credit card because his memory is awful.

banger9365

my cc pin is in my phone under the wallet thing and if you put the wrong password in it shows you a totally different number and different name for it put is that what the wallet thing is for

James

HeadInSand wrote: »

Yeah, he wrote the phone PIN on the credit card because his memory is awful.

Exactly why anyone who can't remember numbers should get themselves Chip & Signature Cards.

Advice given to Cardholders via the Card Watch (APACS) website is:

Don't use the same PIN for more than one CARD.

simongregson

If you recorded the PIN in the PIN protected wallet function of your phone, I would say that you have acted with 'reasonable' care.

Your credit card is issued subject to a consumer credit agreement and as such your liability is limited to £50 in the case of fraudulent transactions. Write to your bank, ask for the money back. If they say no,
ask for a 'deadlock letter' and refer on to the ombudsman.

Two facts support you:

You have taken reasonable care with your PIN, as you stored it in a password protected area of your phone.
Your liability is limited by the consumer credit act.


'83.—(1) The debtor under a regulated consumer credit agreement shall not be liable to the creditor for any loss arising from use of the credit facility by another person not acting, or to be treated as acting, as the debtor's agent. (2) This section does not apply to a non-commercial agreement, or to any loss in so far as it arises from misuse of an instrument to which section 4 of the Cheques Act 1957 applies.
84.—(1) Section 83 does not prevent the debtor under a credit-token agreement from being made liable to the extent of £30 (or the credit limit if lower) for loss to the creditor arising from use of the credit-token by other persons during a period beginning when the credit-token ceases to be in the possession of any authorised person and ending when the credit-token is once more in the possession of an authorised person.
(2) Section 83 does not prevent the debtor under a credit token agreement from being made liable to any extent for loss to the creditor from use of the credit-token by a person who acquired possession of it with the debtor's consent. '

Note you did not consent for the thief to have posession of your card, even if you had recorded the PIN somewhere.

Also:

'(4) In proceedings brought by the creditor under a credit token agreement— (a) it is for the creditor to prove that the credit-token was lawfully supplied to the debtor, and was accepted by him, and (b) if the debtor alleges that any use made of the credit token was not authorised by him, it is for the creditor to prove either— (i) that the use was so authorised, or
(ii) that the use occurred before the creditor had been given notice under section 84(3). '


Note that the max liability is now £50, the quote above is from the consumer credit act. I would include it in your complaint.

C_Ronaldo

Or you have the 1 card on you which i do, i have a credit card but i dnt carry it with me, i also dont have the pin stored in my phone but i used to