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Harry the same problem you have I now face! I lost £3250 I put my A&L card into a Barclays ATM it went out of service and did not return my card or despence the £50. On my statement the £50 was debited and recredited then all the following transactions were done with my card and PIN! A&L will not refund as they say Barclays told them the mahine did not go out of service but I saw the message on the screen. The police have told me to go to a small claims court. Like you I thought my card was safe in the banks machine so did not do anything for 2 days until I went on line and saw my balance. Help!
Any help and advice is offered in good faith, based solely on my own knowledge and on experience gathered from this site. I am not qualified to offer legal or financial advice, which you should seek from an expert before making any important decisions. My opinions are therefore offered without liability.
You need to get on to A&L about this and let them see you're not prepared to give up and walk away.
When did this happen.
How many transactions were used to withdraw the money.
Where was this done.
The police should be contacted again - it's not good enough that you've lost so much and they say "Go to court for it".
You may well have to sue for the return of the money but you'll have a stronger case if you can show you've involved the police and had them check for CCTV footage, etc.
Go back to the police and be persistent. Tell A&L you're doing this as well.
Keep everything in writing and make notes of the time, date and content of any conversations you've had with A&L, Barclays and the police.
Any help and advice is offered in good faith, based solely on my own knowledge and on experience gathered from this site. I am not qualified to offer legal or financial advice, which you should seek from an expert before making any important decisions. My opinions are therefore offered without liability.
Many thanks slick. When I first repored it to A&L fraud number in their cheque book I asked then if I should go to the police, even though my account was empty they said 'do nothing for the time being and we will investigate'. I took the day off work yesterday and went too Barclays they said they did not keep my card and that the machine is new and it would go out of service if it dected fraud and did not go out of service - but I know what I saw! They agreed to get a 'roll' which every ATM logs transactions on back into the branch and look at it and I will have more info this Friday - they would not let me look at the CTTV and said I had no right to view this, but they were the people who told me to go to the police. I will go back to them once they tell me what is on this 'roll', which should log when, i hope, the machine went out of service. Barclays branch said they are sure it did not though as they did not get a fax telling them so I asked if they could see if the number of transactions fell at the time my card was taken as this would to my mind tell them something was wrong. Very soon after my card was taken it was being used in tesco's - petrel stations - loads of transport for london oyster top ups - atm cash withdrawals etc in total 31 times - even a £600 'card payment international' on 27 nov - and my card was taken at 8pm on that day! A mate of mine said I should go to the local press and a national news paper, which is what I now intend to do. Thanks for the tip I will now start making notes and will go back to the police when Barclays have spoken to me. Regards Keith
Any help and advice is offered in good faith, based solely on my own knowledge and on experience gathered from this site. I am not qualified to offer legal or financial advice, which you should seek from an expert before making any important decisions. My opinions are therefore offered without liability.
If you call them they will send you some forms to fill in.
My bank Nat West have said that I did not take reasonable care over protecting my pin number, the basis for this claim seems to be that the fraudster's have the pin number.
It seems somehow surprising that someone who steals your bank card would not also try and steal your pin number.
Also they didn't like the transaction that the criminals made.
I hope your successful in getting your money back.
Harry
ps. I found my own thread when I was looking for bank fraud on the internet
As a further comment to my own message, even though CAG seems to think the Ombudsman is largely a waste of time.
The small claims court would expect you to try and resolve things with the bank and I think they would expect you to try the ombudsman.
If it does not work out with the ombudsman, you can still go to court to try and resolve the matter.
I have the final letter from my bank Nat West are saying based on the transactions the "perpetrator gained access to my pin number" which seems to be saying I gave my pin number and bank card to someone waited while they emptied my bank account and then reported it.
I think they are accusing me of stealing my own money without actually saying as much. I don't see how I gain from this as I am out £5,000 that went missing from my account.
The banks will not admit that thief's are stealing pin numbers from ATM's.
On the internet it is shown devices can be put on ATM's to retain cards and record keystrokes using video or audio.
THe bank is using chip and pin to say if the pin number goes missing and someone gets the pin number, we have not taken reasonable care with the pin number.
On the one hand the code says I'm am not liable in the event of a fraud, but as our system is "perfect" anyone having their pin number used in a fraud must have colluded in the fraud, which makes them totally liable.
This is not right or good enough. The bank appears to be saying its fine if you want to steal your own money from your account, we know you did it, but won't go as far as saying that in writing or on the phone.
I hope the ombudsman will sort things out, so I don't have to go to court.
Re: ATM Fraud - Bank Refusing to pay
ATM it went out of service and did not return my card or despence the £50. On my statement the £50 was debited and recredited then all the following transactions were done with my card and PIN! A&L will not refund as they say Barclays told them the mahine did not go out of service but I saw the message on the screen. The police have told me to go to a small claims court. Like you I thought my card was safe in the banks machine so did not do anything for 2 days until I went on line and saw my balance. Help!
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