No refund of credit card fraud - What rights do I have?

[tebsy]

Completely overwhelmed!!!! Can anyone help?

 

Whilst away in France I noticed my Santander credit card had been used to the tune of £4,000.

 

I immediately called the bank to inform them and that the card in question was with me and hadn't even been activated.

 

Cut a long story short..

.it turns out the fraud was carried out on a previous card that had been sent to me in Nov 2013

which had never been used and I don't even recall receiving.

 

When I had a change of name, a new card was sent to me (July 2014) which has also never been used or activated.

These transactions were all chip and pin from the 27th Apr 2015 to 6th May 2015

and the places they were used were mainly in shopping centres - Westfield etc.

 

I asked why the previous card had not been cancelled when they sent me a new one

- apparently that isn't their rules, although, they are now thinking about doing that!

 

I also asked why they hadn't called or text me to check I was using the card,

particularly as it hadn't been used for 18 months and the last transaction was carried out on the first issue card that expired in Nov 2013,

hence why they sent another card in Nov 2013, and there had remained a nil balance since Aug 2013.

 

I also asked why they didn't think it was unusual activity?

They said because they don't check chip and pin purchases unless someone is trying to spend over the limit of the card or have been getting the pin wrong.

 

SO in essence they are telling me that TOUGH I have to pay the £4,000 bill even though they aren't my transactions.

They said that if it was a fraudster they would have tried to get as much money out of the credit card as quickly as possible

by purchasing items online and therefore it's my fault that someone knew my pin and is probably someone I know so the police have to deal with it.

 

I have reported it to Fraud Action and given the Crime Ref to Santander.

 

Is there anything I can do about this?

I feel they have lacked in their diligence and security.

..for the sake of a text or phone call to check who is using the card

and now a massive bill that will take me ages to pay off

and affect my credit rating.

 

Thank you for reading! Very stressed and upset!

[fkofilee]

Have you complained? I would in your case...

[dx100uk]

if you were away in france

prove that to them and demand a full refund

and the wiping of any data on your credit file too.

 

they cannot refuse

 

re FCA CONC rules etc etc

 

dx

[tebsy]

I told them I was in France as well as working on the other dates and as far as they are concerned because it was chip and pin I'm responsible.

 

Should I send them a copy of my boarding pass as well as confirmation from work in a letter of complaint requesting the refund?

 

I just can't believe that, as consumers, we don't appear to have any rights with this. Who said that just because they say so, that's how it's going to be?

[2ltr16valve]

I've seen this a few times this week posted on the forum about banks refusing fraud claims on the basis chip and pin was used.

This security was flawed from the day it was released.

http://www.bbc.co.uk/news/technology-19559124

[tebsy]

Does anyone know if I can use anything from the Banking Code to highlight the fact that

 

1) I have not been fraudulent and I have proof of where I was

2) they didn't cancel a previous credit card when they issued another

3) they didn't act on unusual or suspicious activity on a credit card that had been superseded by another with a new name

4) the card hadn't been used for 18 months, yet at no point did anyone call to ask if I still required the credit card, especially as I had another credit card with them.

 

I feel they have failed in their due diligence and duty of care.

The previous banking code (2008) stated that if they can't prove I have been fraudulent

and that I had followed the guidance for keeping my card and pin safe

- the most I would have to pay would be £50.

 

Any ideas or advice...I am writing my letter of complaint to them.

 

Thank you!

[dx100uk]

yes and post 3

[tebsy]

I'm unsure what part of the banking code I can use or do I just state that "according to the banking code" etc etc?

 

Thanks