Help-Stolen credit card aand abbey

count2ten

Hi i had a credit card used without my permission and would like some help. I used the card in december at a shopping centre and the next day i couldnt find my wallet.

The time between using the card last and finding it missing was less than 24 hours but when i rang the card company to cancel the card it had been used to a sum of £6000 and that the pin was used. To make matters worse they said the card was used a half mile from where i was that night.

Now i have never wrote my pin down and it is the same pin that i was given with the card, knowone and i mean knowone not even my girlfriend who i have kids with knows my pin and i am a 28 year old man and can quite easily remeber numbers but abbey seem to think otherwise. They asked me if i noticed anyone looking over my shoulder why entering my pin the night when i used it and if anyone bumped into me, i honestly didnt think anyone did but who knows.

I did everything they asked me to got a crime number had a police statement made but they didnt contact me until the end of january to update me. They then said that they are not convinced that someone used it without my permission. Now because of where it was used and they also stayed under my limit by £1500 abbey are saying that its not common for these things to happen in a fraud case but heres my gripe with them -
I have only used about £1500 in the 5 years i have had the card and all of a sudden £6000 goes missing in about 20 hours, one transaction was for £3000 on a piece of jewellery.

The person drew money out of a cashpoint 3 times, i had never drew out cash with a credit card before.

They told me that the person entered the pin incorrectly on one transaction.

They also said that they had cctv footage of one of the transations but could not secure it.

Now i might be talking nonsense but why oh why was'nt any of this picked up by the security measures that the card company says they install.

To make matters worse still, the card company have handed my arrears to RMA and they have been ringing my parents address constantly even though i dont live there anymore, I have spoke to them and said that this was a fraud case but they have persisted with the calls and also a card saying they will be visiting.

I rang mbna and asked what was going on and they told me that they would pass me on to abbey and sort it out, i was then told that the person dealing with my case was on the phone and she would ring me back. Two weeks later i had'nt heard from her but was still getting threats from mbna. Now i had had enough i rang them back and demanded to speak to the person. She then said that they had made up there mind that they would not reimburse the transactions and would send me a letter to confirm this. She also said that if i didnt pay after this, then we would go to the ombudsman, i said fine we would go down that route but instead i am still being harrassed by RMA.

Sorry for the longwinded post but it is driving me mad, knowone knows my pin and i would never give my card to anyone to use but abbey seem to think this is not the case. Any advice is much appreciated.

NickX

I am sorry to hear of this dreadful experience.

I think you need to remind Abbey of their obligations under the Banking Code. It is down to ABBEY to prove that you were negligent with your PIN which you clearly weren't.

On the basis that you were not negligent with your PIN the most that you would be held liable for is £50.

Abbey appear to be contravening their agreement with you under the Banking Code, and if they do not re-imburse you then definitely take them to the ombudsman.

With regard to the debt collectors, what a bunch of lowlifes. They have no right to be phoning you or your parents up when there is a dispute on the account. They also have no right to make any visits. I would write to them and inform them that you are disputing this debt with Abbey, and Abbey had no right to ask them to recover the funds. Furthermore you are not acknowledging any liability for the debt, and should they persist in making telephone calls or even visits, then this will be deemed as harrassment and they will be reported to the local trading standards, the office of fair trading and the police.

Abbey need a boot up the behind to sort this out, so I would advise pursuing this in an ascertive manner and don't let up until they start following their own Banking Code.

count2ten

thanks for the support NickX i needed to here something like this as i was starting to go mad.

I did mention the banking code but they said that i had still not given them an explanation on how a possible fraudster could get hold of my pin, which to me is bloody obvious because if i knew who would have my pin i would have told the police.

Do you think i should take the bull by the horns and write to the ombudsman now. I have just received a letter from abbey saying they have withdrew my credit line and informed the credit reference agency of my arrears.

NickX

The onus is definitely on the bank to provide evidence that you have been negligent with your PIN - not the other way around.

You could go to the Ombusman, but you make sure that you have exhausted the official Abbey complaints procedure otherwise the Ombudsman will just throw it back to Abbey.

If you haven't already, raise a formal complaint with Abbey and request that they instigate a full investigation. It is only when this is complete that the Ombudsman can take over. Good Luck.

bengal-stripe

There must be some video evidence in the jeweller’s, where the £3000 item was purchased. Which should prove something, but not everything.

How did the thief know, your CC could support a charge of this size (not many people‘s cards can)? He/she must have had access to either your statements or your on-line account. Furthermore, he/she would have know that the card, at that point in time, was not reported missing.

Could the thief be found close to your home? Everything is a bit too perfect for an opportunistic thief in a shopping mall.

count2ten

Bengal i undestand what you are saying and yes some thinks look odd but i still have no idea how someone could know my pin or details. Also the pin was entered incorrectly according to the bank, and the person only withdrew £250 a day when my card supports £500, all very odd if it was not an oppurtunist.

Trust me i have looked close to home but there is no chance anyone would know the pin let alone take advantage of me like this.

James

Sorry to learn of your plight. You say you never ever use your credit card to withdraw money. Well I hope others pick up on this, and opt for Chip & Signature Cards.

It looks as if you'll need to go down the Financial Ombudsman Route.

Which? formerly the Consumers Association published an article on this in December last.

Click here. Warning From WHICH?

Watchdog U Tube Video on the same subject click here.

Good Luck