Legal Advice Please

[nwcooper96]

Hi everyone and thank you in anticipation-my problem is as follows.

On 11th April 2013 I noticed an entry against my personal account for £322.65. I check my accounts daily and immediately went to the bank (Barclays) to report the transaction as fraudulent. They re-credited my account and immedaitely put a block on my debit card and reissued a new one. A few days later I had a form to fill in to say whether it was genuine or fraud to which I replied it was fraudulent as I had not authorised any payment to the company in question.
On the 8th May I noticed that my account had once again be debited again for the same amount. I immediately rang Barclays and was told that because I had supplied the company with my debit card details and made a payment to them on 13/08/12 it did not constitute fraud,despite the fact that since August last year I have not contacted this company either personally or by letter,email or phone and yet they had taken money from my personal account. (I should add here that the original payment was made on behalf of a company of which I was Director and I was reimbursed by cheque from the company. (I resigned as a Director with immediate effect on 15/10/12 due to ill health and a falling out with the other Director for reasons I will not go into).
I personally have not received any goods or services from the company which debited my account and have not in any way shape or form authorised any other payment to them. The company I was a Director of entered administration on 14/12/2013 and although I have not had any dealings with it since resigning I think the company which has debited my account have done so because the company I worked for owed them money, though I have no way of knowing this. However it is my belief the company that has debited my account have acted illegally and are guilty of theft. Any help or advice as to what i should do from anyone out there would be much appreciated.

 

[visagephoto]

If your bank has issued you with a new debit card then surely the new card No. and CSC will be different from those on your old card, therefore if the card details used for the second transaction were from your old card the payment shouldn't have gone through as the details were invalid.

 

[nwcooper96]

According to the bank, only the last first 12 digits of the bank card are actually used. Although I had been issued a new card, the same numbers were used for the first 12 digits and only the last 4 digits were changed, in fact only one digit was changed of the last four. This is what is so annoying as I thought the bank would automatically reject any further attempts to take payment.

 

[visagephoto]

According to the bank, only the last first 12 digits of the bank card are actually used. Although I had been issued a new card, the same numbers were used for the first 12 digits and only the last 4 digits were changed, in fact only one digit was changed of the last four. This is what is so annoying as I thought the bank would automatically reject any further attempts to take payment.

It seems strange that the bank would replace your card to prevent an unauthorised transaction, with a new card which enables the same unauthorised transaction to be completed.

A bit like issuing you with the same PIN that has just been used to empty your account. . . What's the point

 

[arcon5]

So you bought some goods on behalf of your company.
The company reimbursed you and received goods correctly.
The company you bought goods from didn't charge you at time of purchase, now they've realised this they've charged you.
So you are neither up nor down money wise. Just inconvenienced.

The bank instigated a chargeback.
The company defended it and provided proof you ordered goods.
The chargeback was rejected and the temporary refund the bank issued you was reversed.

Or an I misreading this?

 

[cookiemonster99]

I have had un-authorised transactions in the past - on two occasions.

First was a one of £80 - Barclays refunded me and I too had to sign a disclaimer agreeing to the best of my knowledge it was fraud and so on.

The second - I had the same situation as you - I noted a fraudulent transaction of £102.

I went through the same procedure again however this time there were more questions to answer as you can imagine.

the second time - they rejected my claim as a couple of months prior the same amount went out and I completely missed it! they said the same thing - the last payment was not recorded as fraudulent and so on... I had to take the two losses on the chin as I tried to fight it but it went nowhere...

The fact is - after each occasion they stopped the old card and re-issued a new one with different numbers albeit the pin was the same.

*touches wood* there has never been anything of the sort ever since...

Normally - a change of debit card ceases any further trouble unless of course you are frequenting the same establishment regularly and someone is cloning your card?

 

[nwcooper96]

Hi, you missed the point. The money I paid for goods on behalf of the company was debited by the supplier and paid for and the amount was £359.60 done and dusted. The amount debited in April and again in May was £322.65 a different amount and certainly not authorised by me some 6 months after I had left the company I worked for. So I am out of pocket £322.65!!!!
Thanks for your reply though.

 

[nwcooper96]

Hi, you missed the point. The money I paid for goods on behalf of the company was debited by the supplier and paid for and the amount was £359.60 done and dusted. The amount debited in April and again in May was £322.65 a different amount and certainly not authorised by me some 6 months after I had left the company I worked for. So I am out of pocket £322.65!!!!
Thanks for your reply though.