credit card fraud dilemma

manray1

I had a large amount of cash withdrawn from my barclaycard mastercard fraudulently, and the bank themselves were quick to notify me of this unusual credit card behaviour as I have never in my credit history withdrawn cash from a credit card.

After filling in their form to declar the fraudulent activity, they subsequently replied to me that as the PIN number was used to withdraw cash from the account then I am responsible for the cash withdrawal as it was impossible in this case that a PIN was used for it to be fraudulent. This I have in writing from them. :mad:

I already paid for insurance for my CC which they then informed that it didnt cover fraudulent activity, so whats the point of the insurance if i have to pay for two seperate insurances, which they didnt explain in the beginning?

Feeling a bit helpless I went on the internet to discover the various phishing techniques that can extract CC numbers with their pins and the lightening speed which easily translates into a CC fraud. I considered seeking solicitor but wary of the cost incurred with this and whether one should seek a specialist CC fraud solicitor but where would one find such a person.

Where do I go from here in reclaiming my stolen money and interest which they have charged in bundles, which by the way i am still in the process paying off? is there any way that we can further protect ourselves from CC fraud?

Please help!!!!

BritBrat

They have to prove you were negligent with your pin as far as I know.

There was a banking lady on the TV other day who said there was no change in responsibility now that it's chip and pin.

Sandra_Quinn_-_Director_of_Communications,_APACS wrote:

The banking code clearly states that the burden of prove is on the bank to show the customer has not been negligent

Tuesday, 26 February 2008

I am no expert on this but others will be along soon.

Was the money taken from abroad?

If so were you in the same country?

Can you prove you were not where the money was taken out at the time.

http://news.bbc.co.uk/2/hi/programmes/newsnight/7265437.stm

manray1

the fraud was done in my home town, it baffles me how the technology out there that enables them to do this!!

relay

Silly question but it needs to be asked. If money was withdrawn from your card using your pin number & in your hometown then could there be a family member or associate that has access to it? Was the card in your posession at the time of the withdrawal?

A friend of mine had £500 spent online from his credit card and it turned out to be his son's step daughter who had taken the card and used it. Because she was a family member the bank refused point blank to refund him.

manray1

Thanks for the thought but no brainer to me as absolutely no one has use or access to my card pins as the numbers are stored in my head and family has not been around for a while. The thing is that I only recently moved back from abroad and it is a rare thing that I go to the town to shop and certainly never with family.

Am just as baffled by you...... any other suggestions?

relay

I guess the next stage would be to back track. When & where was the last time you used the card before the fraudulent transactions were made? Could the card have been used at a place that might have 'farmed' your details?

G-G_4

does the cashpoint have CCTV?

epsilondraconis

Does the ATM used in the withdrawl have CCTV - I guess most of them do. You could insist that Barclaycard find the CCTV associated with the withdrawl as that could help prove your case.
If you are 100% sure that it definitely is fraudulent activity, you could do worse than visiting you local Barclays and indicating that you will not be leaving until the problems have been satisfactorily addressed.
Good luck...

hansi

I recently had a similar problem. See Nationwide CC Dilemma), although not with a cash advance, but with fraudulent purchases and it is the bank's responsibility to prove that you were negligent, not yours. Also, under Section 11c of my credit card conditions it states "If someone else uses your card or PIN without authority (1) your liability for any losses which occur before you tell us will be limited to £50, and once you have told us what has happened, you will not be liable for any losses which then occur. These limits will not apply if you act fraudulently or with gross negligence"

Go back and confront them with that and see what they say.

James

The Banking Code clearly states that your card issuer has to prove you've been negliigent with your PIN.

This story (cross posted) in The Scotsman is worth a read.

Customers Pay for Card Fraud. Click here.