- Original Poster
- #1
Barclaycard took no action to catch an offender despite having a current address but still made a discretionary refund to their card holder and charged back the transaction to the trader who had told them where to find the fraudster. The basic details are:
Last year we supplied by mail order, goods paid for by Barclaycard Debit Card to a delivery address different from the Cardholders address. All card details and billing address details matched and the delivery name used the same family name. Our bank merchant services authorised the transaction.
Four business days later we had a telephone conversation with the card holder who advised us the transaction was one of several that had not been made or authorised by her. We gave her the delivery details and ensured that her card issuing bank had been informed. We then checked and discovered that the goods had only been delivered at lunchtime on that same day thus presenting an excellent opportunity for the Police to catch the offender and recover the goods.
We contacted the police at the delivery destination and explained the position. They refused to take action saying that it was for Barclaycard, not us, to take action. It appears Barclays did not notify the Police or take any action to catch the offender or recover goods.
Eventually 6 weeks later Barclaycard refunded the cardholder even though it was a debit card and not a credit card. They then charged back the transaction to our business. By the time we were able to get a crime number and an investigation from the Police the delivery address had been abandoned and was unoccupied.
We commenced a County Court claim against Barclaycard for negligence but it now looks as though the case will not be heard as Barclaycard say there is no contract between us and because negligence requires a 'duty of care' and because 'duty of care' requires a contract - that they are not negligent.
If anyone has any suggestions as to how to take the case forward or start a hue and cry to get this system changed.
Last year we supplied by mail order, goods paid for by Barclaycard Debit Card to a delivery address different from the Cardholders address. All card details and billing address details matched and the delivery name used the same family name. Our bank merchant services authorised the transaction.
Four business days later we had a telephone conversation with the card holder who advised us the transaction was one of several that had not been made or authorised by her. We gave her the delivery details and ensured that her card issuing bank had been informed. We then checked and discovered that the goods had only been delivered at lunchtime on that same day thus presenting an excellent opportunity for the Police to catch the offender and recover the goods.
We contacted the police at the delivery destination and explained the position. They refused to take action saying that it was for Barclaycard, not us, to take action. It appears Barclays did not notify the Police or take any action to catch the offender or recover goods.
Eventually 6 weeks later Barclaycard refunded the cardholder even though it was a debit card and not a credit card. They then charged back the transaction to our business. By the time we were able to get a crime number and an investigation from the Police the delivery address had been abandoned and was unoccupied.
We commenced a County Court claim against Barclaycard for negligence but it now looks as though the case will not be heard as Barclaycard say there is no contract between us and because negligence requires a 'duty of care' and because 'duty of care' requires a contract - that they are not negligent.
If anyone has any suggestions as to how to take the case forward or start a hue and cry to get this system changed.
