Debit Card / Pin

Claire_Dunton

Hello all,


I have a situation where my Barclays Bank debit card was stolen whilst in a public place. Within an hour they had made 3 transactions at a cash machine to withdraw 550 pounds.

When the card was reported stolen (lag time 1 day when I realised and delayed by 4 hours of not being able to get through to their lost and stolen lines - my phone records will prove it) a couple of issues have occurred. To cut a long story short.

1. Barclays are saying I must have my pin number written down as it is impossible to guess a pin number and it's not stored on the card. I have never given anybody my pin and indeed it was NEVER stored with the card.

2. I was on my overdraft limit at the time of the theft. Barclays allowed 550 pounds to be taken OVER the limit and of course I have to pay charges on that too. I have no arrangement in place to go over my limit.

3. Barclays are refusing to refund the stolen money, saying it is my issue due to the pin number. They are now demanding I pay this money into the account to bring be under my limit. I have no money to do this with and am worried I will be taken to court.

I 100pct warrant I have never disclosed my pin number and it was a bona fide theft. Does anybody had any advice for a letter I am going to send to them? Is there any reference material where cards have been scammed this way? Any advice on recourse open to me?

I can't afford to lose that money, I am on near mimimum wage and it has wiped me out financially.

Delmonte_3

Had you used a cash machine prior to the card being stolen that day?

Was the card stolen in a targeted mugging / bag snatch?

Claire_Dunton

Hi.

The ATM that was used - I have used previously but a gap of above 4 days between last ATM use and theft. It is beside a shop and does not have cameras on. I have used it many times myself.

I think it may have been stolen whilst at the gym, but it's a guess really as my bag could have be pick pocketed at any point during the day.

I reported to the police the moment I discovered the theft.

I am flummoxed how they got money out. My pin number was unchanged, it was the number issued by the bank.

Delmonte_3

Claire_Dunton wrote: »

I reported to the police the moment I discovered the theft.

I am flummoxed how they got money out. My pin number was unchanged, it was the number issued by the bank.

I was just wondering whether there was any chance of someone having seen you enter your pin previously.

It's even easier to be seen entering your pin on a Chip and Pin device in a shop. Did you use the card at a shop the same day?

The other question I suppose is have you informed the bank of the crime number and details?

simongregson

As you were in your overdraft at the time, your bank must refund the money as your card has been used as a 'credit token'. Your liability is limited to £50.

Also, according to the banking code, to which Barclays subscribe, the onus is upon the bank to show that you have acted negligently. The most likely cause of the fraud is that someone looked over your shoulder at a cash machine/chip and pin machine. Can Barclays show that this was NOT the case?

Write a letter of complaint marked as such to the bank and ask them to refund the money. If no joy, move onto the banking ombudsman. Let barclays know that the amount is 'in dispute'. They cannot take action to enforce a debt that is in dispute in court.

James

Claire report it to the Police and get a crime reference number.

Send letter (recorded) as advised by simongregson:

Confirm in your letter that you dind'nt write down your PIN or divulge it to anyone. Ask your Bank to put it in writing showing that you acted fraudulently or without reasonable care. Give your Bank the Crime Reference Number and tell them unless they can prove YOU've committed fraud, or acted without care you expect a refund soonest.

Banking Code - Liability for losses - Articel 12.12

Unless we can show that you have acted fraudulently or without reasonable care, your liability for your card being misused will be limited as follows.

If someone else uses your card, before you tell us it has been lost or stolen or that someone else knows your PIN, the most you will have to pay is £50.


Some links:

Chip & PIN Fraud - The Burden of Proof (Video).