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[EmilyF1 1]

Hi,

Without going in to loads of detail on here, I was just wondering if anyone on here has been a victim of credit card fraud which you were made liable for?

I am being made liable for over £4,000 even though I have done everything possible to prove my innoncence. The Financial Ombudsman sided with my bank so I am just waiting for the next stage but it looks as if I'm going to have to take legal action on my bank.

It would be useful to know other people's experiences on this awful matter as I am going out of my mind.

Thanks,

Emily

Edited February 25, 2013 by EmilyF1

[Marty McFly1546081284 545]

Just because you didn't spend it doesn't mean you automatically aren't liable... If the fraud was as a result of any negligence on your part then generally they will hold you liable.

[GoneForgotten 2,494]

Is the issue around your having not spent the money or taking reasonable steps to protect the integrity of the card as you're obliged to or notifying them as soon as you became aware of the fraud?

[EmilyF1 1]

I noticed that my address was changed via telephone banking, as soon as I found out I contacted my bank via the fraud department, notified the Police and two days later £4,000 was spent on my credit card and my bank made no attempt to cancel the card or call me.

I have never given out my bank details and have been a customer of the bank for over 14 years.

I managed to get a copy of one of the receipts from one of the shops where the card was used and the receipt shows a different start date from the one that was on my original card that was in my possession the whole time.

My problem is that I notified them as soon as I noticed activity on my account and I am being made liable for purchases that are not mine.

[Guest]

So you noticed that someone else changed your address without your consent, told your bank, and then two days after you told them the fraud occurred? How did they get the money, if you don't mind sharing with us? Basically, if you notified the bank that someone was interfering with your account without your consent and then the bank were aware of this prior to the fraud happening then you may have a case, but without knowing the specifics it's hard for anyone here to speculate as to whether it's your fault or the bank's fault.

Are the police investigating your case? If the Financial Ombudsman has sided with the bank then presumably that's it - they feel as an independent party that it's your fault and not the banks then it's hard to say what more you can do. You can speak to a solicitor to see what legal recourse you may be able to take against the bank, but potentially if a court also sides with the bank then you may end up even further out of pocket.

Our standard disclaimer: This forum is not intended as a legal advice drop-in centre. PoliceSpecials.com disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, operability or availability of information or material on this site, including - but not limited to - the documents available in the 'Reference Library' and 'Downloads' areas. Please note that comments and advice given here with the best of intentions by the host, moderators or other users of the forum may not be correct, and that any advice given, in particular advice on the law and its application, is no substitute for personal legal advice from a solicitor.

[EmilyF1 1]

They got access to my money by cloning my credit card.

The Police did as much as they could as it was not a big enough case to investigate fully, so I had no choice but to do my own investigations.

My reason for posting on here is to find out if anyone else on here has had a similar experience.

Thank you for your advice.

[E29NP1546080952 1,383]

They got access to my money by cloning my credit card.

But your online/telephone banking details would never be on that card.

[Mpt 0]

With credit card fraud, context and specifics are unfortunately the crux of any case as each time is uniquely different and with those sums of money, the bank will try and pin the fault on you as much as it can.

If you took any delay in informing your bank once you found out, expect a fight, because the possibility is that they will try to pin it on you.

If however, you did inform them ASAP and you can negate all fault from yourself, you have a chance to claim

[GoneForgotten 2,494]

Do you know why the financial obudsman sided with the bank?

[EmilyF1 1]

I should of said. I believe my card was cloned and that my details were given out by someone in the bank as I am the only person other than my bank that has my telephone banking password, which has never been written down.

It's pretty complicated but I will get there in the end.

I think they sided with the bank as they didn't do their investigation fully. They have so many of these cases to go through and they didn't bother to read through my evidence fully. Everyone else that I have told or shown them the facts state how obvious it is that I am innocent.

My next steps are to get access to the telephone calls that were made on the day of the incident to see if I can piece exactly what happened over the telephone.

I'm just glad that it was not a vulnerable person that this happened to as it could really do damage to someone's well-being.

[GoneForgotten 2,494]

I see, so it's because the person knew your telephone banking password?

That might be tricky to prove that you weren't negligent in your handling of it, but if it came down to it, it would have to go to court to claim against you. Ultimately whilst the civil contract might say that you're liable if you're negligent they'd have to prove you were negligent as they're asserting you're the one who's in breach of the contact. Would a court conclude that they only place it must have come from is you, I don't know.

You should speak to a Solicitor.

[Burnsy2023 2,895]

Without knowing the full story (what you've said doesn't quite add up as it is), it's rather difficult to advise.

[Tester1989 1]

I just wrote a full list of things that you should do then my daughter deleted it all, so I will speed type it all again to a very low standard.

1. Register with CIFAS (Some one now know your name, DOB, Address this is another to apply for most finance)
2. Register for your credit report (Same as above this will tell you if further damage has been done)
3. Ask the bank why its your fault. (You need to know why its your fault before you can prove its not)

4. When some one has your internet password this is the worst thing they can have, when the bank is aware of this they should close all your accounts and re-open them and get you to re-register for online banking.
5. Change every password you have, hotmail, banking etc etc.

I know with my job if you answer yes to any of the following questions then no claim for compensation can be made.

Did you sign your card?
Did you write down your pin?
Did you lend your card to any one?

As for why the bank said no, I would suggest that it might be because what your saying doesn't make sense no offence it sounds like your lying. (not saying you are) Credit cards and online banking are not linked they are one or the other. I have never heard of a online account being hijacked and a card being cloned at the same time. as others have said without the full facts cant really help.

Edited February 25, 2013 by Tester1989

[XRegulator1546081364 188]

Here's a link to a previous thread:

http://www.policespecials.com/forum/index.php?/topic/134981-credit-check/

There is a post in there which details what happened to me regarding identity theft.

You may of course need the advice of a solicitor.

Good luck!

[Guest ----]

I know with my bank there are several layers of security to get through before you can do anything in an internet banking account. It is highly highly unlikely that someone could get in and change details without some inside knowledge. I can't see how simply cloning a credit card would get them access to that. Unless they knew passwords etc.