Stolen debit card - advice needed

[Stonelaughter]

i was shopping in asda, paid at the till in cash and by the time i got to the car my wallet had gone. i phoned the bank within an hour to cancel my cards only to find out my card had already been used to witdraw £150 at an ATM immedialy follwed by £100. i remeber my pin, never made a copy or carried it with me.
the bank say they wont refund me and that i must have left my pin in my wallet. its so frustrating because i know there was no pin in my wallet. does anyone know how they do it so i can use the info to fight my case?
any suggestions\comments appreciated i dont know what steps to take next except for writing to bank with any additional info that the fraudsters can do it WITHOUT the PIN

Toby

Toby - you're better off taking this enquiry to http://www.legalbeagles.info/forums ; but in short I would want to take them to court. On the link I provided they will tell you how to do this and give other options too.

By the way - your bank WILL be paying you back.

 

[Julies bookkeeping]

This is a bit worrying, what about when you pay for something using your pin and you have the machine placed where you have no way of covering it up (I am 5ft tall) anyone looking over your shoulder can see it.

 

[Stonelaughter]

This is a bit worrying, what about when you pay for something using your pin and you have the machine placed where you have no way of covering it up (I am 5ft tall) anyone looking over your shoulder can see it.

I'll say it again - I do not believe the bank can lawfully enforce this rule. You will have to fight but I believe you would get your money back.

This is PRECISELY why Chip and PIN is NOT the panacea that the banks say it is for consumer security; it is only that for them because suddenly they can say that a large proportion of what was formerly classed as fraud, is not. They are mistaken and they will begin to find that out. The latest news is that credit/debit card fraud is massively increased since the advent of Chip and PIN... **DUH - there's a shock**

 

[Mattonella Tile Studio]

I'll say it again - I do not believe the bank can lawfully enforce this rule. You will have to fight but I believe you would get your money back.

I happened to receive a new card from First Direct yesterday so had a look at the exact wording that was provided. They say that they won't be liable if there hasn't been adequate care taken, but where the law states there has been a fraud then they will pay.

My conclusion is either that a) the law allows for certain cases where the bank isn't liable, therefore the rule can be lawfully enforced, or b) the adequate care clause is worthless and will always be overriden by the 'law allows' clause.

Clear as mud?

 

[Stonelaughter]

I happened to receive a new card from First Direct yesterday so had a look at the exact wording that was provided. They say that they won't be liable if there hasn't been adequate care taken, but where the law states there has been a fraud then they will pay.

My conclusion is either that a) the law allows for certain cases where the bank isn't liable, therefore the rule can be lawfully enforced, or b) the adequate care clause is worthless and will always be overriden by the 'law allows' clause.

Clear as mud?

I would pursue route (b) every time.

 

[Charlie B ACS]

Somehow I'd be worried about using a solicitor who uses "Text Speak" and can't spell
Irrelevant...

 

[007tobs]

thanks for you advice StoneLaughter but how can you be so sure they WILL pay me back? hope you are right

 

[Stonelaughter]

thanks for you advice StoneLaughter but how can you be so sure they WILL pay me back? hope you are right

*shrug* it's my opinion that they will; I'm not going to sit here and tell you categorically; but I have no doubt that with the right help and some properly targetted communications you'll get paid out. Regardless of your carelessness/not with your PIN.