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stolen debit card - please help


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I am in the process of writing a letter on behalf of my mother in law, she had various contents of her handbag stolen whilst shopping, unfortunately some of the personal effects gave a clue to her debit card pin number and the thief used the card to withdraw £350 from her account via a cash machine!

The police were immediately informed and so too were the bank, however she was informed that because the thief used her pin number this was not classed as fraud!

The police have cctv footage of the person but cannot find out who he is and have advised my mother in law to write a letter to the fraud investigation team at the yorkshire bank.

could anyone please advise wording of a letter please

many thanks in advance:-x

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I am in the process of writing a letter on behalf of my mother in law, she had various contents of her handbag stolen whilst shopping, unfortunately some of the personal effects gave a clue to her debit card pin number and the thief used the card to withdraw £350 from her account via a cash machine!

The police were immediately informed and so too were the bank, however she was informed that because the thief used her pin number this was not classed as fraud!

The police have cctv footage of the person but cannot find out who he is and have advised my mother in law to write a letter to the fraud investigation team at the yorkshire bank.

could anyone please advise wording of a letter please

many thanks in advance:-x

 

As for exact wording of the letter, sorry but i'm not very good at composing letters so I would check this for grammar and such:

 

Name

Address

 

Account No.

 

 

Dear Sir/Madam,

 

I contacted yourselves (by phone/by letter/ in person) on the (insert date) regarding the theft of my Debit Card and the subsequent fraudulent withdrawal of £350 from my account. I also immediately contacted the police who are currently investigating the crime and the crime number is (insert crime number). The Police are now in possession of CCTV footage of an unknown male making the fraudulent withdrawal at the Cash Machine of the (enter bank name) on (enter street name). This can be confirmed with the Police.

 

Unfortunately you have tried to falsely claim that the fraudulent withdrawal is not a case of Fraud.

 

Due to this I must remind you of two things:

 

Firstly, in the Fraud Act 2006 Chapter 35 is states:

 

Section 1: Fraud

 

(1) A person is guilty of fraud if he is in breach of any of the sections listed in subsection (2) (which provide for different ways of committing the offence) (2).

(2) The sections are—

(a)section 2 (fraud by false representation),

(b)section 3 (fraud by failing to disclose information), and

©section 4 (fraud by abuse of position).

 

 

Section 2: Fraud by false representation

 

(1) A person is in breach of this section if he—

(a) dishonestly makes a false representation, and

(b) intends, by making the representation—

(i) to make a gain for himself or another, or

(ii) to cause loss to another or to expose another to a risk of loss.

 

(2) A representation is false if—

(a) it is untrue or misleading, and

(b) the person making it knows that it is, or might be, untrue or misleading.

 

 

(3) “Representation” means any representation as to fact or law, including a representation as to the state of mind of—

(a) the person making the representation, or

(b) any other person.

 

(4) A representation may be express or implied.

 

(5) For the purposes of this section a representation may be regarded as made if it (or anything implying it) is submitted in any form to any system or device designed to receive, convey or respond to communications (with or without human intervention).

 

As you can see clearly from the Fraud Act 2006 this clearly is a case of Fraud. Unless you are trying to assert that I am a male that was seen by the Police on the CCTV footage fraudulently withdrawing the money.

 

Secondly, on viewing your website it clearly states at the bottom of the home page:

 

“Yorkshire Bank is a trading name of Clydesdale Bank PLC, which subscribes to the Banking Code.”

 

I refer you to the Banking Code of March 2008 and more specifically Section 12 entitled: “Protecting your accounts”

 

Under the subsection of section 12 entitled : Liability for losses it states the following:

 

12.11 If you act fraudulently, you will be responsible for all

losses on your account. If you act without reasonable

care, and this causes losses, you may be responsible

for them. (This may apply, for example, if you do not

follow section 12.5 or 12.9 or you do not keep to your

account’s terms and conditions.)

 

12.12 Unless we can show that you have acted fraudulently

or without reasonable care, your liability for your card

being misused will be limited as follows.

• If someone else uses your card, before you tell us it

has been lost or stolen or that someone else knows

your PIN, the most you will have to pay is £50.

 

 

Allow me to draw your attention to part 12.12. It clearly states that: “Unless we can show that you have acted fraudulently or without reasonable care, your liability for your card being misused will be limited as follows.”

 

Therefore due to your membership of British Bankers' Association and thus the Banking Code you must show I have acted without reasonable care.

 

Since you have not shown “I have acted without reasonable care” as stated in the Banking Code and are willfully ignoring the Fraud Act 2006 I expect the FULL £350 to be deposited in my account as soon as reasonably possible.

 

If you do not act on this matter I will have no other option but to consult with my legal team who will seek remedy on this matter on my behalf.

Yours faithfully,

 

(insert name)

 

You need to fill the relevant details in including the ones in brackets.

 

Hope this is of some help.

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As for exact wording of the letter, sorry but i'm not very good at composing letters so I would check this for grammar and such:

 

 

 

You need to fill the relevant details in including the ones in brackets.

 

Hope this is of some help.

 

Thankyou so very much for this i really do appreciate your time and effort, I will use the letter and hopefully the matter will be resolved

thanks again:smile:

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Thankyou so very much for this i really do appreciate your time and effort, I will use the letter and hopefully the matter will be resolved

thanks again:smile:

 

No problem. Will keep my fingers crossed it will do the trick.

 

She might only get £300 of the £350 back as per the Banking Code but it is better than nothing.

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