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dadamax

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  1. Just checked out the webpage of APACS concerning new chip and PIN cards and it says there, I quote:"With the introduction of chip and PIN there is no change in liability for the cardholder. Consumers remain fully protected from the cost of card fraud and are covered under The Banking Code." and in the Banking Code it says 12.12 Unless we can show that you have acted fraudulently or without reasonable care, your liability for the misuse of your card will be limites as follows. If someone else uses your card , before you tell us it has been lost or stolen, or that someone else klows your PIN, the most you will have pay is £50 So it comes down to how you define "reasonable care". In the Banking Code is another section referring to "reasonable care". 12.5 Never write down or record your PIN, password or other secutity information; Always take reasonable steps to keep your card safe and your PIN, password and other security information secret at all times. I complied with both points. I've never written down my PIN. The point is they can not proof otherwise!!!! Therefore Barclaycard is liable, not me.
  2. My bag was stolen a few weeks ago and thieves got hold of my Barclaycard. I rang the police as soon as I discovered the bag was missing but Barclaycard refuses to refund anything based on the fact that a pin was used to make the transactions and that as a result these transactions cannot be accepted as fraud. I have no idea how the thieves got hold of my pin and I don't know what time the transactions occur. I have police reference number and as well as witnesses who can testify I was not the person who made the transactions. I do not understand why Barclaycard does not apply section 83.1 of the Consumer Credit Act 1974 which states: 83 Liability for misuse of credit facilities (1) The debtor under a regulated consumer credit agreement shall not be liable to the creditor for any loss arising from use of the credit facility by another person not acting, or to be treated as acting, as the debtor’s agent. Can anyone tell me the best way to recover the money from Barclaycard? Many thanks in advance. Dadamax
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