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Hi there, I am currently taking the Halifax to court regarding my card being fraudulently used. They dismissed my case saying that I had not taken reasonable care with my pin number.
my defence is based upon the consumer credit act, which says that if the card was used as a credit token, then card holders can only be held responsible for a maximum of £ 50.00 if the card is in possession of someone not authorised to use it.
This act takes presidence over the Banking Code and any account terms.
When the Liberals and Conservatives were in opposition they both agreed that banks should pay back high bank charges to customers. Nothing seems to of happened since they came into power as a coalition. PPI insurance has been sorted now they should turn their attention to bank charges and help customers get exorbitant charges refunded.
Should you be offered help that requires payment please report it to site team.
Alliance & Leicester Moneyclaim issued 20/1/07 £225.50 full settlement received 29 January 2007
Smile £1,075.50 + interest Email request for payment 24/5/06 received £1,000.50 14/7/06 + £20 30/7/06
Yorkshire Bank Moneyclaim issued 21/6/06 £4,489.39 full settlement received 26 January 2007
Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.
Yes that is quite right although the bank will probably try and argue their way out of it!
I don't see anyway they could successfully argue against the statute you refer to so go for it.
Good luck.
Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice you must always consult a registered and insured lawyer.
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The meaning of 'credit token'. The use of a credit card or a debit card on an account which is overdrawn (up to the extent of its agreed credit limit (by the disputed transaction.
When the Liberals and Conservatives were in opposition they both agreed that banks should pay back high bank charges to customers. Nothing seems to of happened since they came into power as a coalition. PPI insurance has been sorted now they should turn their attention to bank charges and help customers get exorbitant charges refunded.
Should you be offered help that requires payment please report it to site team.
Alliance & Leicester Moneyclaim issued 20/1/07 £225.50 full settlement received 29 January 2007
Smile £1,075.50 + interest Email request for payment 24/5/06 received £1,000.50 14/7/06 + £20 30/7/06
Yorkshire Bank Moneyclaim issued 21/6/06 £4,489.39 full settlement received 26 January 2007
Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.
When the Liberals and Conservatives were in opposition they both agreed that banks should pay back high bank charges to customers. Nothing seems to of happened since they came into power as a coalition. PPI insurance has been sorted now they should turn their attention to bank charges and help customers get exorbitant charges refunded.
Should you be offered help that requires payment please report it to site team.
Alliance & Leicester Moneyclaim issued 20/1/07 £225.50 full settlement received 29 January 2007
Smile £1,075.50 + interest Email request for payment 24/5/06 received £1,000.50 14/7/06 + £20 30/7/06
Yorkshire Bank Moneyclaim issued 21/6/06 £4,489.39 full settlement received 26 January 2007
Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.
This is the big con with chip and PIN. Although it will affect the number of unauthorised transactions with credit cards it also act to shift the blame of any card misuse on to the card holder.
I was telling people about this when chip and pin came in.
With the old system, anybody could look at the back of the card and learn how to copy the signature, therefore the card company, was completely liable as they could not prove that the customer was at fault. With chip and PIN they have very cleverly shifted the blame to the customer as they would have to have seen the customer enter the PIN or had other access to the PIN.
The problem with this is that at a lot of places that use chip and PIN, the terminal is often fixed and there is minimal shielding to prevent people looking over your shoulder. All it takes is a good pick pocket to follow you out and relieve you of your card shortly afterwards.
They didn't tell you about the shift of blame in the advertising.
I made a complaint to Capital One about the way my card and PIN arrived last year. Both arrived in the same post and had identical envelopes. Although neither of these said Capital One, if you felt the envelope with the card in it was obvious what was in there. I live in a flat with a communal hallway and anyone could have found these and used my card.
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Contents of my posts are purely my own personal opinions, some formed by personal experience and some from research. If in doubt seek qualified legal advice.