Halifax Credit Card Fraud - Please Help

[Ace1]

Hello everyone, this is my first post since joining this forum.

 

I would appreciate any advice I can get to sue the credit card company.

 

The story so far.....

 

I’ve discovered credit card fraud on my Halifax credit card. I only realized this when I returned from the holiday 4 weeks ago and had a statement waiting to be opened. There were multiple cash withdrawals which never seemed to have an end on my credit card statement mounting up to £9,800.00 pounds plus further including withdrawal fee charges and repayment cover charges.

 

Since this has happened am having sleepless nights and am sure they are likely to continue. The problem I have is I’ve had my credit card on me all the time while I was away and have never disclosed my pin number to anyone.

 

The credit card company whom I got in touch with 4 weeks ago weren’t nice to me in starting an investigation regarding the disputed transactions. But they have now looked into it after I made a complaint to the police.

They requested all kinds of documentation i.e. copy of passport and driving licence, main bank statements, boarding passes etc... They have investigated the matter and recently wrote a letter to me saying ‘We base all our decisions on probability, obviously probability is no good to me? And DID NOT find the fraudulent transactions in my favour.

 

I would appreciate any help or advice I can get. The problem I have is the Credit Card Company is saying it was the original Chip n’ Pin card and they say they are adamant. But I know this isn’t true. I just don’t know what to do and have been very upset.

 

 

I have recently wrote a letter to them as follows:

 

Dear Sir/Madam,

 

I refer to your letter dated 15th April 2008 as well as referring to our conversation via phone on the 17th April 2008 with the reference to the investigation of my case, relating to fraudulent transactions on my account.

 

I would like to let you and the ‘Halifax Financial Services’ know I am NOT ‘fully satisfied’ with your investigation which the outcome has come to me as a disappointment. It clearly illustrates to me as a customer, how much care the ‘Halifax Financial Services’ acquire of their customers and their accounts. I assume if this case was regarding to a customers debit card, they would have lost all their money by now?

 

I would also like to let you know I am closing all my savings and bank accounts and withdrawing all the large amount of funds that I have invested over years from your prohibited Financial Institute.

 

In addition, I would like to make it clear that I will spread all the disgrace the ‘Halifax Financial Services’ acquire onto their customers by passing all the information on the way of handling my case to the newspapers around the country and will tell them the whole story of your failed investigation and the way of your first class customer care and management service.

 

I personally think it may also be a racial motivation in the disrespect of my name in the way this case was handled.

 

In your letter dated 15th April 2008, you have stated;

 

‘I am fully satisfied that the cash was obtained using your card and PIN. The transactions were not made using a counterfeit card’

 

I am sorry to say but I do challenge this statement, whilst the card being with myself all the times, it is 1000% that my card did not go out of my possession whilst at work or as well as being abroad. It just clearly illustrates the security in your system. Also all these disputed transactions were made without my consent or knowledge but definitely not with my original card.

 

Another point to make across regarding the ‘Halifax Financial Card Services’ under the ‘Credit Card Agreement Regulated By the Consumer Credit Act 1974’, it clearly states on the agreement originally issued to me when taking up on this card service, ‘If your credit card is lost, stolen or misused by someone without your permission, you may have to pay up to £0.00 of any loss to Halifax plc.’ And this clearly is the case.

 

Now I would appreciate if I can request the following documentation referring to my account and the accounts investigation which I am legitimately allowed to do so which is as follows:

 

• I have received all the documentation sent to ‘Susan Simpson’ except the original police report which I would like to have returned.
  
• I am also requesting a full list of all the times, dates and addresses of all the places relating to all the fraudulent transactions made on my account.
  
• I would also like a copy of the ‘Original Credit Agreement’ which was ‘initially signed by myself’ whom Halifax must retain as a record on their files, (this needs to be the original copy with my signature).
  
• I would like the documentation in regards to the request made to the Police by the Halifax Card Services, requesting for CCTV images or recordings relating to when these fraudulent transactions occurred and further information to which Police Department along with all officer names that were handling this matter.
  
• Any other documentation relating to any authorities involved i.e. the police whom helped to investigate the matter, which would also be useful in knowing what ‘Halifax Financial Services’ done to investigate this matter fully as decisions are very easy to make.

I may advise you that I may file a charge of fraud against you or the ‘Halifax Card Services’ failing to provide me all the information with the next 7 days from the date in receiving this letter under Section 2 of The Fraud Act 2006 for misrepresentation leading to prejudice and lying about the security of you systems to my disadvantage and also under Section 2 of The Fraud Act 2006 for failing to disclose information which is under a legal duty to disclose and to cause loss to myself or to expose myself to a risk of loss.

 

I would like to make you aware I am now seeking legal advice and will be taking this matter to the court in the way ‘Halifax Fraud Department’ handled my case and would also be seeking damages relating to stress and strain in my everyday activities.

 

I will wait to receive all documentation requested as mention above from the date of this letter. In the mean time you may contact me on the above number if necessary.

 

Regards,

 

---------------------------------------------------------

 

 

OK, I’ve had a reply and got my police report back and have been asked to get the withdrawal activities by asking the police to request it from the Halifax Police Liaison Team. I had then been to the police station and they said they don’t do any investigations unless the bank asks them to.

Now am being sent backwards and forwards.

 

Can anyone advise in what to do next? Can I sue Halifax Card Services in court? How can I make a claim as I believe ‘mcol’ is for claiming sums owed to you by the banks?

 

Is there anyway I can sue Halifax for not investigating the matter fully and I also believe they didn’t request any CCTV footage from the police either?

 

Thank You for all the advice. Take Care...

 

 

Ace 1.

[rory32]

Hi and welcome to CAG.

 

I have unapproved your other thread as it's a duplicate of this one and it's best to keep all information on your situation in one place.

 

First of all I would forget about the race card. Banks often handle cases of fraud extremely badly no matter what your race may be.

 

The police no longer deal with such matters, they are dealt with by the banks now so the police are not trying to fob you off, although things were a lot simpler when the police still dealt with these matters.

 

What I would do, as you have now had a response from Halifax which is obviously not satisfactory, is involve the FOS who can look into your complaint for you and if necessary fine Halifax for their actions.

[rory32]

Here is a link to the FOS's complaints procedure our complaints procedure and how to complain

[Ace1]

Here is a link to the FOS's complaints procedure our complaints procedure and how to complain

 

Hi Rory, Thanks for the welcome, it wasn't a problem removing the other duplicate thread as it was submitted twice by mistake.

 

Anyway thanks for the advice so far, I have been adviced not to go to FOS's as they have been favouring the banks on these type of cases past last 12 months.

 

I have also spoken to someone regarding the outcome of this case from the 'Halifax Card Services', they said the financial ombudsman won't entertain this case and will decide for the banks on the 'cash withdrawal cases' as they say they can prove it was the original PIN and CARD? But won't tell me anything other than that.

I have been advised to go via the courts. Any advice how I would do this would be helpful and should I go via the courts? What would you advise? I know 'mcol' is for claiming money back so I don't think I can do it via 'Money Claim on-line'. Any advice on further steps to sue this bank for not investigating the matter properly will be helpful.

 

Thanks in Advance.

[rory32]

You really have two options then. You can either take them to court or allow them to take you to court and counterclaim. Defending a claim is in many ways easier than bringing a claim as the onus of proof is always on the claimant and you should be aware of this if you decide to bring a claim against them.

 

That being said they would still have to demonstrate that they have properly investigated, etc. I would advise if you do decide to take them to court that you do it the old fashioned way and deal directly with the court e.g post the forms special delivery to the court or hand them in personally. The form you would need to fill in is an N1.

 

You could do it via MCOL but as these are processed automatically it might just be seen as a bank charges claim, which are automatically stayed at the moment. Also I have heard of the occassional problem with paperwork not reaching the correct court when using MCOL.

[Rooster-UK]

Hi Ace.

 

Can I ask you if, at any time, you have updated your account information, online, to the bank.

This would be in response to an email.

 

Regards, Rooster.

[Ace1]

Hi thanks for your information, I think i will or even might take them to court. I need to hang on and wait for their further investigation as they have responded to me today saying 'my complaint is being investigated', (I think they got my letter above) Well will keep you all informed.

 

You really have two options then. You can either take them to court or allow them to take you to court and counterclaim. Defending a claim is in many ways easier than bringing a claim as the onus of proof is always on the claimant and you should be aware of this if you decide to bring a claim against them.

 

That being said they would still have to demonstrate that they have properly investigated, etc. I would advise if you do decide to take them to court that you do it the old fashioned way and deal directly with the court e.g post the forms special delivery to the court or hand them in personally. The form you would need to fill in is an N1.

 

You could do it via MCOL but as these are processed automatically it might just be seen as a bank charges claim, which are automatically stayed at the moment. Also I have heard of the occassional problem with paperwork not reaching the correct court when using MCOL.

[Ace1]

Hi Rooster-UK, all my information on-line has been up to date for the past 2 years. One think I wasn't happy about was when this fraud was in the process, they didn't inform me, instead they increased my credit limit so the con-artist(s) can gain more...

 

Can I ask one question, since the Fraud Act 2006 has been changed, does it mean the bank has to ask the police for the CCTV footages of when the fraud happened? Is this correct as the police told me this. But the Halifax Card Services are saying the total opposite, so I asked them to put it in writing, it might do me some favours when I file a Fraud Charge against the bank.

 

Hi Ace.

 

Can I ask you if, at any time, you have updated your account information, online, to the bank.

This would be in response to an email.

 

Regards, Rooster.

[Ace1]

Hi Rory, would you recommend me to wait till the complaint process is over as the bank may look into its decision made or would you recommend me to start processing the claim? I know its cheaper to defend a claim unless you say I should wait till the debt collectors take me to court (I was worried about my credit and name). Cheers

[Rooster-UK]

Sorry, not aquainted with the Fraud Act. No doubt someone else will be able to answer that for you.

 

So to confirm..... you haven't answered an email asking you to confirm or update any of your bank details?

[rory32]

Hi Rory, would you recommend me to wait till the complaint process is over as the bank may look into its decision made or would you recommend me to start processing the claim?

You need to wait until the complaints process is over. You need to appear reasonable at all times and only be seen to be using the court process as a last resort. If you filed a claim while an investigation was still ongoing the court would not look favourably on your claim.

[platinum]

Go to the Financial Ombudsman Service first - three reasons:

 

1. It's free!
   
2. The Ombudsman will consider what is considered "fair and reasonable" not simply what the law says.
   
3. If you don't like what the Ombudsman says, you can still go to court but not the other way round (though if the Ombudsman decides against you it is probably a fair indication that you have no case).

I address complaints for a number of financial institutions and am aware of a number of cases which the FOS has reported finding against complainants but there are also some going the other way.

 

Have a look at this link for an example of each.

[Ace1]

Sorry, not aquainted with the Fraud Act. No doubt someone else will be able to answer that for you.

 

So to confirm..... you haven't answered an email asking you to confirm or update any of your bank details?

 

Hi Rooster-UK, I never got no e-mail from the bank asking me to confirm or update any of my bank details. I do get e-mails from Halifax but its only when they are advertising their special offers.

[Ace1]

You need to wait until the complaints process is over. You need to appear reasonable at all times and only be seen to be using the court process as a last resort. If you filed a claim while an investigation was still ongoing the court would not look favourably on your claim.

 

Thanks Rory32, I will wait till the complaint process is over. Thanks for the advice. Can I ask when the Halifax is investigating a case, whom supposed to request the CCTV from the police, the Financial Institute OR the customer?

[Ace1]

Go to the Financial Ombudsman Service first - three reasons:

1. It's free!
   
2. The Ombudsman will consider what is considered "fair and reasonable" not simply what the law says.
   
3. If you don't like what the Ombudsman says, you can still go to court but not the other way round (though if the Ombudsman decides against you it is probably a fair indication that you have no case).

I address complaints for a number of financial institutions and am aware of a number of cases which the FOS has reported finding against complainants but there are also some going the other way.

 

Have a look at this link for an example of each.

 

Thnaks for the information.

[Ace1]

Sorry, not aquainted with the Fraud Act. No doubt someone else will be able to answer that for you.

 

So to confirm..... you haven't answered an email asking you to confirm or update any of your bank details?

 

Hiya Rooster-UK, I wanted to know if the bank holds information regarding the account investigation on a customers account and doesn't provide information to a customer i.e. how they investigated the matter and not providing information on the security of their system knowing to me as I BELIEVE THEY ARE LEING TO ME regarding security on their systems to my disadvantage, can I file a charge against the bank under the Fraud Act?