Help Abbey refusing to refund fraud transations on my account!

[natty123]

Hello

 

I am currently in a dispute with Abbey concerning fraud transations on my account which Abbey have refused to refund. Then after making a complaint and recieving a telephone call from a complaints advisor who agreed to refund all the unknown transations, they then declined again. I am so lost on this one, and could really do with some advice on who is liable or what action to know take.

 

I met someone over the internet (I know) who I let into my home and after having a brief relationship with him, I found my Abbey Visa Debit card along with the pin had been stolen from my address. I generaly know I should never have kept my card and pin close together but I never use that card, I got it last year August just so I could purchase things online. I did that once this year, and thought that in a case of an emergency like my card being swollowed it would be best to write the pin down as this debit card is linked to the same account as my Abbey Visa electron card that I always use for transations.

 

I was unemployed at the time of this theft taking place but had a agreed overdraft facility on it which I was in at the time. As I had not been working for a while I knew I would be in my overdraft but when I decided to take cash out of the atm I noticed that I was a little bit too far in the red but didn't think too much of it. I spoke to the same guy I met about my concerns and he became very distant once I brang up the issue of my money. Which again raised some concern but alarm bells wern't ringing. Until I decided to look for my Visa Debit card and noticed it was missing and my this guy stopped coming to my house like he always did. I checked my account again and this time noticed I was way overdrawn. My account had been emptied.

 

I reported this to the police immediately who then told me to contact the bank. Which I did, an advisor at Abbey was not helpfull at all and said there is nothing they can do as I knew the person suspected, and I would have to go through the police. They didn't even let me talk to the fraud team. As told, I spoke to the police who asked for any contact details for the man. Which I could only provide what I now believe is a fake name and telephone number. His number was switched off and the police adviced the bank would have to agree to investigate in order for them to be able to investigate properlyalso.

 

I spoke to the bank who again declined and just offered to block my card.

 

 

I then recieved a angry phone call from the man believed to have stolen my details, saying the police have tried to call him and if they continue he would have me disfigured, as he knew where I live. At this point I was terrified and after consulting my relatives agreed to drop the case as the police said they couldn't help with out the banks involvement.

 

A couple days later when I bagan to feel a little better. I decided to contact the bank again to explain the situation as I didn't really know the man. One of the advisors were much more helpfull and put me through to the fruad investigation team. I explained the situation to them telling them who I believed done it and that I did not authorise any of the unknown transactions. They advised my card had also been tried to be used the same day after it had been blocked and I would hear fom them soon, and when I did it was just a poor letter explaining that as my original card and correct pin was used, so therfore the person who carried out the transactinons either was in possession or had knowledge of my PIN and they will not reimburse the total of the transactions.

 

This didn't help as I said my PIN and card had been stolen from my address. So the origanl card and PIN would have had to of been used.

 

After informing my sister of the outcome she did a little research and found that in my situation the transaction has been made from credit, which is covered by the provisions of the Consumer Credit Act.

 

These say customers are are liable only if they made the transaction or authorised it themselves - otherwise their liability is limited to the first £50.

 

As I did not make the transactions my self or in any way authorise them. Abbey did not invetigate properly. I then decided to issue a complaint but not knowing how to do so I decided to let the FSO contact Abbey on my behalf. A couple of days later I recieved a call from a member of staff at the Abbey complaints department who asked for further details of what happened and what transactions I disputed. I told him the relavant information and the next day I recieved a voice message saying they have good news Abbey would be reimbursing the disputed transactions and the bank charges as a result of the fraud. I called him back and he confirmed the amount would be in my account over the next couple of days. I moniterd my account and noticed that no money had been funded into my account. I called back the member of staff from the complaints department who the told me, his desicion was refused and he thinks it's unfair but could be a result of telling the FSO I had a complaint with Abbey. But a letter will be sent to me shortly with the full details, and I should go back to the FSO.

 

I am still waiting for this letter in the post so I can lodge a complaint through the FSO but it should have been here by now, as he said it was sent on the 22/12/09. I am fuming as I think this just has not been dealt with correctly. Any advice on this would be appreciated. As it seems contacting the Financiasl Service Ombusmand was a crime, and has now hindered my chances of recieving my money back. I guess this issue will be a bit clearer once I recieve this letter from Abbey but I am livid as a total of £1300 overdfarft plus £200 charges are now having to be paid back by me.

[postggj]

there is new banking legislation in place now

 

the bank has to refund all disputed transactions while the bank is doing an investigation

 

this is recent so when did the fraud happen

[natty123]

Hello,

 

Thanks for the speedy reply!

 

The fraud took place on the 31/10/09.

 

Thanks

 

Natalie

[postggj]

well some body will dig out the regs

 

ill have a nose later

 

with immediate effect they have to refund all disputed transaction and charges

 

gone are the days when you have to wait

[natty123]

Thanks!

 

I willl try and look into it as well later.

 

You mean if correct Abbey did not tell me this when I disputed the tranactions? lol (no surprises there).

 

I just really want to see this letter of their findings!

[natty123]

Oh yeah

 

None of the queried transations are my usaual spending patterns;

 

maximum cash witdrawals, payments to mysellf through Ladbrokes?, Tesco garage unmonitored payment pumps (I don't drive).

 

The complaints advisor agreed they are fruad targets. So I don't know what went wrong in the investigation/decision?

[postggj]

i would be going into abbey and demanding a full refund while the investigation is ongoing

 

they have to

 

dont let them fob you off

 

its new legislation

 

TRYING TO GET THE RIGHT LINK

[natty123]

Can I still do this even though they have said my case has been closed?

Edited December 30, 2009 by natty123
spelling

[postggj]

Do You Have That In Writing

 

AND DID THEY GIVE YOU A FINAL RESPONSE

[natty123]

NO NOTHING IN WRITING

 

THATS WHAT I'M WAITING FOR THEIR FINAL RESPONSE!

 

everything has been over the phone - even them telling me the case has been closed.

 

may be becuase i'm young they fobbed me off!

[natty123]

They said over the phone the final response was not to refund me and this would be explained in my letter. This conversation was on the 22/12/09.

 

So still awaiting letter

[natty123]

Right recieved letter from Abbey saying in my recent conversation I confirmed details that I kept my pin written down for my reference-(which I stated from the begining) and the decision has been made that the card and PIN was made available to third party to commit fruad. Abbey only determine who is laible for fraud not necessarily whether fraud has taken place.

 

I'm not really getting it are they saying I have been negligent with my information or what?

[what_todo]

hello

 

if you dont mind me asking why do you have your pin written down for your reference?

 

asking beause this might be grounds for abbey refusing to refund the fraud transations.

[natty123]

I had my pin written down as in the past when my card got swallowed, I would have to wait for ages to get a new one sent to me for various reasons, such as my address being a shared letterbox or Abbey not sending it or may be someone stealing it?

 

This has happened on a few occassions-once over the christmas period. So when I got the Visa Debit card that is on the same account, I wrote it down in case this happened again, as it was for online purchases only I knew I was going to forget it if it ever came to the day I needed it to take out cash.

 

I WISH I NEVER NOW AS MY CARD HASN'T BEEN LOST OR SWALLOWED but was STOLEN when I was robbed once! (but this was before I got the visa debit card). I just thought it would be a back up.

 

I understand Abbey applying this reason If it was my money that was stolen as under the banking code I would be liable. But as it was my overdraft ie credit. The consumer credit act takes presidence and I would of had to of made the transactions myself or authorised them. Which I have told them I didn't.

[truemanuk]

Abbey is the worst bank, do not trust them, sue them in court!

[natty123]

Lol I know!

 

I'm in a daze after qouting the credit act to the complaints officer he just replied. We would of liked to have refunded you but a decision was made not to! LOL

 

I'm writing my very long complaint to the FOS........

 

SO FINGERS CROSSED...............

[loopinlouie]

naty, I cant stand abbey, but worry that the fact your pin being accessible will cause you to be rebutted. I hope I am wrong.

[natty123]

That might be the case..... but I am going to give the FOS a try!

I am hoping they will settle in my favour. If not you live and you learn.....

It's sooo bad I tried to come to a payment arrangement and I was told I would have to cancel all my direct debits & not deposit any money in order for them not apply the full charges to my account at once!!!

 

disgusting I've been banking with them for 10 years........I don't know why? as they're so ****!!!

 

Im tired of it now, plus i've paid most of it back anyway but have managed to add more debt on my ABBEY ZERO CARD THEY PRACTICALY FORCED ME TO TAKE OUT!!!!

[loopinlouie]

I know how you feel about the virutually forcing their credit cards and loans, thats what my problem was with them. It was if they wouldnt let me leave the branch without so called saving me money and they just would not accept no. Went in to pay in money left with cc application denied and loan accepted, I had no plans of what to do with money as didnt intend on having one, tried to pay it back a couple of weeks later to be put in position I was prior to them harassing me (have mental issues they are aware of and should have accepted no I feel anyhow) and when offered money back, they said no. I fell apart then, wasted the money on what I dont know apart from one particular lump I sent in the post to friend in need to buy headstone she couldnt afford(later found headstone wasnt even bought:mad:)and thats about it. So even when offered them the money back on what I felt was forced product sale, they wouldnt help and instead blasted my credit file when I said no help, no payments as cant afford it.

 

Any how your frustrations with customer services seem to be the norm, but seriously dont let them sell you anthing again you dont want. I am complaining to fos about my case, so if you were cojoled into credit card then report them, good luck:)

[Art]

In many cases I can understand an individual being upset with the reaction of a bank when reporting fraudulent behaviour on their account but you intrigue me. You leave your debit card accessible along with the very infomation that you are reminded time and time again not to leave lying around let alone with the card, you meet a guy who then would appear to have stolen your card along with the conveniently available pin number and you act surprised that the bank is refusing a refund!

 

I have sympathy with your loss of money but can you or no one else here see why they may be less than sympathetic?

 

It is difficult enough when people are subject to fraud on their account and have taken all necessary precautions.

 

I wish you luck but the card and the pin left together...that's not looking good.

[natty123]

Hello all,

 

Just to say to all I have won my case!!!!! :D

 

The FOS have written to me to advice Santander have agreed to award me the amount that was stolen and charges as the result!!!

 

Art; I know that having my card alongside the pin was not the best idea, but I only done this as when my card gets swallowed or damaged. I have so much problems obtaining a new one.

 

I once had to wait a month for me to recieve a replacement after it not being delivered to my address or branch.

 

I have a rubbish memory so thought for such situations, I would always have access to my funds.

 

I don't have many visitors and just never anticipated someone riffling through my stuff. I guess I was just happy to meet someone new, this in turn really bit me in the butt!

 

Well Abbey have also advised it will be withrawing my banking facilities!

 

So although I won, it appears I am now being victimized for it!

[jansus]

Well done - you could carry on and report them to the FOS for closing your account - or you could just hunt around for another bank and not give them the business - or what abut an account woth a credit union.

 

well done again for persevering