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  • FIRST POST
    • Wilsonb86
    • By Wilsonb86 12th Apr 18, 1:20 PM
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    Wilsonb86
    Credit Card Fraud help/advice
    • #1
    • 12th Apr 18, 1:20 PM
    Credit Card Fraud help/advice 12th Apr 18 at 1:20 PM
    Hello everyone

    I'm looking for some advice please. I recently discovered that my credit cards has been used to make fraudulent payments over the last 6 months. Just over 1k has been taken.

    Once I found out I immediately contacted the credit card company (creation - Asda money credit card) and had my cards canceled. They have since told me that I can only get 3 months of fraudulent payments refunded and this is In my terms and conditions.

    So I was wondering if there is any way I can get the full amount back? They know what payments are fraudulent but are only going to give me 1/3 of it back. Or am I up the creek with no paddle and an expensive lesson on credit card statement scrutiny?

    Thanks!
Page 1
    • Robin9
    • By Robin9 12th Apr 18, 1:31 PM
    • 2,959 Posts
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    Robin9
    • #2
    • 12th Apr 18, 1:31 PM
    • #2
    • 12th Apr 18, 1:31 PM
    I think you put this one down to experience and monitor your statements more often.

    You are saying that there have been several small charges over a period of months - to me that suggests someone close to home has your card details.
    Never pay on an estimated bill
    • PeacefulWaters
    • By PeacefulWaters 12th Apr 18, 1:33 PM
    • 8,318 Posts
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    PeacefulWaters
    • #3
    • 12th Apr 18, 1:33 PM
    • #3
    • 12th Apr 18, 1:33 PM
    Research fraudulent transactions on credit cards and overdrafts under payment services regulations.

    Complain.

    Refer to FOS if unsuccessful.

    Check your statements in future.

    Some FOS case studies:
    http://www.financial-ombudsman.org.uk/publications/ombudsman-news/116/116-disputed-transactions.html

    A few more on "credit tokens" which may assist:
    http://www.financial-ombudsman.org.uk/publications/ombudsman-news/46/46_plastic_cards.htm

    My understanding is that the Consumer Credit Act protects you and you should get a full refund minus 50.
    Last edited by PeacefulWaters; 12-04-2018 at 1:46 PM.
    • Candyapple
    • By Candyapple 12th Apr 18, 1:43 PM
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    Candyapple
    • #4
    • 12th Apr 18, 1:43 PM
    • #4
    • 12th Apr 18, 1:43 PM
    If the fraudulent payments were made over a 6 month period, how was the monthly minimum repayment paid? By direct debit? Did you not think it odd that a DD was being paid for when you hadn't used the card?
    I'm a Board Guide on the Credit Cards, Loans, Credit Files & Ratings boards. I'm a volunteer to help the boards run smoothly, and I can move and merge threads there. Any views are mine and not the official line of moneysavingexpert.com
    • Wilsonb86
    • By Wilsonb86 12th Apr 18, 1:47 PM
    • 7 Posts
    • 3 Thanks
    Wilsonb86
    • #5
    • 12th Apr 18, 1:47 PM
    • #5
    • 12th Apr 18, 1:47 PM
    Great advice, I will look I to it. But yeah I should of been looking at my statements alot more closely
    • Wilsonb86
    • By Wilsonb86 12th Apr 18, 1:51 PM
    • 7 Posts
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    Wilsonb86
    • #6
    • 12th Apr 18, 1:51 PM
    • #6
    • 12th Apr 18, 1:51 PM
    @candyapple my credit card is cleared in full at the end of every month and I have been foolish and not fully scrutinised my statements. The fraudulent payments were made, according to the Cc company, on the same day every month, but it wasn't a direct debit, just someone has made the payment on the same date.
    • RG2015
    • By RG2015 12th Apr 18, 2:10 PM
    • 1,301 Posts
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    RG2015
    • #7
    • 12th Apr 18, 2:10 PM
    • #7
    • 12th Apr 18, 2:10 PM
    @candyapple my credit card is cleared in full at the end of every month and I have been foolish and not fully scrutinised my statements. The fraudulent payments were made, according to the Cc company, on the same day every month, but it wasn't a direct debit, just someone has made the payment on the same date.
    Originally posted by Wilsonb86
    Direct debits cannot be made from credit cards.

    It could though have been a continuous payment authority. Was the same amount taken every month? Perhaps someone had set up a subscription service using your card number, or a mobile phone contract with the same payment date every month.

    Have you checked your credit reports with the three credit reporting agencies. This may show details of accounts in your name that were taken out fraudulently.

    PS: If Asda have confirmed fraud then you should push for full repayment.
    Last edited by RG2015; 12-04-2018 at 4:32 PM. Reason: Correcting first sentence.
    • Wilsonb86
    • By Wilsonb86 12th Apr 18, 8:51 PM
    • 7 Posts
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    Wilsonb86
    • #8
    • 12th Apr 18, 8:51 PM
    • #8
    • 12th Apr 18, 8:51 PM
    Yeah it was a continuous payment made on the same date, same amount to the same company. When I queried the Cc company about it, they just said its not a subscription and that it had been entered manually. I haven't thought to check my credit report but I will now.

    I'm currently working away just now, but when I home I plan to contact them and dispute it with them. Most likely lodge a complaint and then after that if I need to take it further then I will contact FOS.
    • RG2015
    • By RG2015 12th Apr 18, 9:23 PM
    • 1,301 Posts
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    RG2015
    • #9
    • 12th Apr 18, 9:23 PM
    • #9
    • 12th Apr 18, 9:23 PM
    Yeah it was a continuous payment made on the same date, same amount to the same company. When I queried the Cc company about it, they just said its not a subscription and that it had been entered manually. I haven't thought to check my credit report but I will now.

    I'm currently working away just now, but when I home I plan to contact them and dispute it with them. Most likely lodge a complaint and then after that if I need to take it further then I will contact FOS.
    Originally posted by Wilsonb86
    A continuous payment authority is a specific type of payment like direct debit. It is usually set up to take regular payments from a credit card but can be from a debit card. You can find out more by googling it.

    It sounds really odd for a manually entered payment to be charged for the same amount on the same day every month. It really does sound like a subscription or similar payment.

    Are you prepared to say who the payment was made to? Users here may recognise who it is.

    PS: It is possible that a CPA may appear like a manually entered payment. The cc customer services person may not have been fully aware of this.
    Last edited by RG2015; 12-04-2018 at 9:33 PM. Reason: Another idea added
    • Wilsonb86
    • By Wilsonb86 12th Apr 18, 9:51 PM
    • 7 Posts
    • 3 Thanks
    Wilsonb86
    Yeah it was the Juice plus+ company. Funnily enough they do nutritional and food supplement subscriptions. I think you may be right about it being a CPA. It was a customer services rep I spoke to, and not a member of the fraud/disputes team. The disputes team had called and spoke to my wife (shared account) and then said how they would only be refunding 3 months worth.
    • RG2015
    • By RG2015 12th Apr 18, 10:25 PM
    • 1,301 Posts
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    RG2015
    Maybe others have had some similar experiences either of claiming from cc companies or of Juice + that may help.
    • Ben8282
    • By Ben8282 13th Apr 18, 4:37 AM
    • 2,378 Posts
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    Ben8282
    It wasn't your wife who ordered the Juice was it?
    You need to accept some sort of responsibility for not checking your statements or even your online banking for over 6 months. You are supposed to notify fraud as soon as you realise it has taken place. By not checking your statements or the account for 6 months you have behaved irresponsibly. If they have taken the amount you say over 6 months, this is not a small amount going out every month. It is difficult to comprehend how you could have failed to notice it.
    It is also a very strange fraud. This juice must be being regularly sent to an address somewhere. A fraudster would not have expected you to allow the situation to continue for so long.
    • PeacefulWaters
    • By PeacefulWaters 13th Apr 18, 5:03 AM
    • 8,318 Posts
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    PeacefulWaters
    my wife (shared account)
    It's your account. Your wife is merely authorised to transact on it. You are liable for payment. You can see why Ben has asked the question above.
    • Wilsonb86
    • By Wilsonb86 13th Apr 18, 6:17 AM
    • 7 Posts
    • 3 Thanks
    Wilsonb86
    No it was definitely not my wife. Yeah I feel a bit foolish as I haven't checked my statement thoroughly enough. More a mere glance for any large payments and given the majority of payments I use my card for is for more than what was being taken monthly I have simply failed to register it. No matter the outcome I will know that I need to study my statement alot more closely. I'm not trying to duck responsibility or call foul of the cc company or anything like that, just trying to find out if there is a way I can get all of the fraudulent payments back, instead of just 3 months of it
    • newuser86
    • By newuser86 13th Apr 18, 7:32 AM
    • 256 Posts
    • 68 Thanks
    newuser86
    I would contact juice plus and ask whether any products were sent out and at least find out what the payment was for and to whom the items were sent. Importantly how it was originally set up. As others have said it may be that you/your wife has accidentally signed up to something
    • PeacefulWaters
    • By PeacefulWaters 13th Apr 18, 7:37 AM
    • 8,318 Posts
    • 10,667 Thanks
    PeacefulWaters
    No it was definitely not my wife. Yeah I feel a bit foolish as I haven't checked my statement thoroughly enough. More a mere glance for any large payments and given the majority of payments I use my card for is for more than what was being taken monthly I have simply failed to register it. No matter the outcome I will know that I need to study my statement alot more closely. I'm not trying to duck responsibility or call foul of the cc company or anything like that, just trying to find out if there is a way I can get all of the fraudulent payments back, instead of just 3 months of it
    Originally posted by Wilsonb86
    I'm still convinced the Consumer Credit Act gives you protection being denied by the three month rule in the T&C.

    Law beats rules.
    • Ben8282
    • By Ben8282 13th Apr 18, 7:49 AM
    • 2,378 Posts
    • 1,093 Thanks
    Ben8282
    Looking at the Juiceplus website it appears that when ordering the options to spread the cost of the item over 4 months and a 4 monthly frequency repeat order are pre-selected. This explains why a payment is being taken every month.
    • RG2015
    • By RG2015 13th Apr 18, 8:03 AM
    • 1,301 Posts
    • 766 Thanks
    RG2015
    I'm still convinced the Consumer Credit Act gives you protection being denied by the three month rule in the T&C.

    Law beats rules.
    Originally posted by PeacefulWaters
    I was thinking that but from the Juice Plus perspective, goods were ordered and delivered. This then would become a case of fraud.

    It remains unclear why the cc company paid out a part refund if fraud was not clear. If fraud is clear then the police would need to be involved.

    The plot does now appear to be thickening.
    • chattychappy
    • By chattychappy 13th Apr 18, 9:13 AM
    • 6,864 Posts
    • 3,727 Thanks
    chattychappy
    I'm still convinced the Consumer Credit Act gives you protection being denied by the three month rule in the T&C.

    Law beats rules.
    Originally posted by PeacefulWaters
    Absolutely. This 3 month thing is all a nonsense. Perhaps the CC aren't really treating it as fraud/disputed transaction.

    I wouldn't be talking to Juiceplus (or the police*) or whoever. I would simply stick to my guns and deal with the CC. These are unauthorised transactions. Escalate as necessary. It is for the CC to prove they were authorised else they must be refunded.

    It is one of the many pitfalls of DD that people end up not checking statements. But that's beside the point.

    OF COURSE, the OP must be absolutely certain that he or the wife didn't inadvertantly authorised these amounts.

    (* because it's been established that the proper victim is the CC, not the cardholder. Of course I would cooperate with the police if they make contact. Frankly zero chance the police would get involved.)
    • Wilsonb86
    • By Wilsonb86 13th Apr 18, 2:58 PM
    • 7 Posts
    • 3 Thanks
    Wilsonb86
    Absolutely. This 3 month thing is all a nonsense. Perhaps the CC aren't really treating it as fraud/disputed transaction.

    I wouldn't be talking to Juiceplus (or the police*) or whoever. I would simply stick to my guns and deal with the CC. These are unauthorised transactions. Escalate as necessary. It is for the CC to prove they were authorised else they must be refunded.

    It is one of the many pitfalls of DD that people end up not checking statements. But that's beside the point.

    OF COURSE, the OP must be absolutely certain that he or the wife didn't inadvertantly authorised these amounts.

    (* because it's been established that the proper victim is the CC, not the cardholder. Of course I would cooperate with the police if they make contact. Frankly zero chance the police would get involved.)
    Originally posted by chattychappy

    no theres no chance we had authorised it, we had never heard of this company before and this kind of service is something we have never taken part in, even with a similar company.


    im currently away from home, but due back next week. so i will contact the cc company and dispute the fact im only getting 3 months refunded. i will complain or take it to the next level if required and failing that i will take the matter to the FOS and see what they think and if they believe that my complaint is upheld. I appreciate all the advice i had recieved on here as its given me some areas to follow up. so thanks everyone!
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