Credit Card Fraud/ Identity theft - Urgent help required

[wax123]

Hello all,

 

I am writing on behalf of a very distressed sibling who has been a victim of credit card fraud/ identity theft.

 

About a month or so ago my sister was away on holiday and when she returned home noticed money etc being taken out of her account (this all heppened whilst she was away and her card was at home).

 

She immediately reported this to Halifax and to the police who grudgingly decided to investigate the matter, provided her with a crime reference number etc.

 

Since then various store cards etc have been opened in her name and after various communications (via the telephone) with the bank and the police. Halifax are now questioning how her pin number had been used (she has absolutely no idea) and as a result are sending her numerous letters stating she pays for all the arrears built up on the card. They are also stating they are adding interest to the charges etc and that she must pay up!

 

Is there anything she can do? Any help or advice would be extremely appreciated!

[wax123]

Anyone?

[Consumer dude]

Hello all,

 

I am writing on behalf of a very distressed sibling who has been a victim of credit card fraud/ identity theft.

 

About a month or so ago my sister was away on holiday and when she returned home noticed money etc being taken out of her account (this all heppened whilst she was away and her card was at home).

 

She immediately reported this to Halifax and to the police who grudgingly decided to investigate the matter, provided her with a crime reference number etc.

 

Since then various store cards etc have been opened in her name and after various communications (via the telephone) with the bank and the police. Halifax are now questioning how her pin number had been used (she has absolutely no idea) and as a result are sending her numerous letters stating she pays for all the arrears built up on the card. They are also stating they are adding interest to the charges etc and that she must pay up!

 

Is there anything she can do? Any help or advice would be extremely appreciated!

 

 

 

 

 

I would let them know that the the situation is under investigation by the police. Keep copies of any letters you send out and send any correspondonce by recorded delivery. Come back again for updated support..

[maroondevo52]

Hi,

 

My Mother-in-laws going through the same thing, just keep in contact with the banks Fraud department. not sure there's much more you can do.

[wax123]

Hi all and thank you for your replies.

 

I've seen the letter she has recieved from Halifax which states that they are closing this fraud case as this has been and ongoing matter for more than 13 months now!

 

In addition money was taken out of a cash machine so she was therefore negligent in protecting her pin number.

 

I've questioned my sister about this, who is an emotional wreck she has pointed out approx 13 months ago £40 was taken out of her account and she contacted halifax but since then dropped any fraud case as she was unwell and it could have been that she had taken it out but didn't remember.

 

She has also advised when she was in hospital a few months ago she gave her card and pin number to her daughter for groceries as she wasn't home and had told bot the police and halifax about this. However, regardless her daughter wasn't living at her house when her cards were stolen.

 

She has advised the police of all this and requested they check CCTV...the police have now also closed this case.

 

It would seem to me however, that Halifax are using this info and in addition are now adding interest to her debit account for an unauthorised overdraft (as a result of the fraud).

 

Do they have a leg to stand on?

[Consumer dude]

Are you saying that she could have taken the money out of the machine but could'nt remember and who advised she gave her card and pin to her daughter ?

[wax123]

Are you saying that she could have taken the money out of the machine but could'nt remember and who advised she gave her card and pin to her daughter ?[/quote

 

No...let me explain...a few years ago, my sis carried out a £40 purchase from her card, a month or so later contacted the bank questioning a £40 transaction that appeared on her statement, which she felt was fradulent... only to realise a few days later and on reflection that she carried out this purchase and immediately closed the fraudelent claim with her bank (I think the way in which the transaction was listed on her statement threw her a little bit).

 

Regardless, this was a few years ago. Only a month and half or so ago her debit card and credit cards etc were stolen from her house whilst she was away...she had therefore reported this and this is the calim that is currently being investigated.

 

The letter her bank has sent her a few days ago..states "if you think there has been an unauthorised transaction on your account you should tell the bank immediately (no later than 13 months) and the date of the disputed transaction is more than 13 months ago" ...which is either confusion on the banks behalf or indeed they are trying to use the afore mentioned confused transaction as part of this (month old) disputed fraud claim.

 

My sister has however, informed her bank (stupidly) as part of the recent investigation...that a few weeks before she went on holiday gave her card to her daughter to purchase some groceries...in their letter the bank have pointed out her card was used in an ATM and therfore, are concluding she has been grossly negligent in keeping her details safe.

 

I understand money was taken out of her account during all this fraud using an ATM but this only amounted to a small amount of money (£100- £200), however most of the purachses were made via her card (not only using her pin but also the old way of signing for purchases), a large sum of money was also withdrawn over the counter at a branch!!!

 

I'm in the process of writing a letter to complain about the way in which her claim has been handled...and have requested a SAR... Looking at the facts I think she could argue the following:

 

1) My sister may have admitted some negligence in confirming that she gave her daughter her card once, but her cards were stolen from her house whilst she was away...no one was authorised to use them and they were hidden i.e. no one knew where they were.

2) her daughter does not live with her... moreover CCTV footages by the police have confimed the persons carrying out the fraudelent purchases etc were not my niece (not her daughter)

3) I am still baffled how a bank would allow someone to withdraw £450 from over the counter.

4) A final purchase (£500) which pushed my sisters account into an unauthorised over draft (which the bank is now charging her interest on) was made 6 days after she reported her card stolen!

[Consumer dude]

1/ Lets look at it from the banks position. Your sister may have admitted that she gave her daughter her card once and no doubt the pin with it. You state the daughter does not live with her, however perhaps in the past she did and at the time had a key, which may or may not have been given back, or was her cards stolen as a result of a break in (I make no acussations here but the bank could only go on what looks probable.

 

2/ If any CCTV footage shows a different persons carring out any fradelent act, I assume a request has been made for the footage to be made available so that in time the bank are aware of it.

 

3/ I am not sure how drawing money out over the counter works and wheter only the card is needed or if other ID is required.

 

4/ When your sister reported the card stolen, Did she apply for and was she given a new card and pin..

[wax123]

Hi Consumer Dude & thanks for your reply.

 

1) I understand what you're saying here. My sister's house wasn't actually broken into but someone did enter it unlawfully whilst she was away; her cards and jewellery had gone missing. Which demonstartes someone did have a key/ access to the house. In saying that her cards which were in her handbag were hidden behind a sofa and lounge wall no one new where these were but for her. I understand that the bank will go off what looks probable but the fact is no one had access to the card, no one was authorised to use them and indeed no one else knew where the cards were.

 

2) I understand the police have looked at various CCTV footages and have ruled out any possible suscpicious people. The bank may or may not have had access to this info - I will however, be asking them about this - should they accuse my niece.

 

3) This needs to be questioned - £450 is no small amount and I cannot understand how the banks would allow someone to make a withdrawel without ID, more specifically without photographic ID.

 

4) I understand when she reported the cards stolen she did ot request new cards/ pin but for a complete cancellation on all her cards.

[wax123]

Just a little update....If anyone can help me please?

 

I've sent a letter of complaint on behalf of my sister to Halifax; requesting they respond withing 14 days of recieving the letter. I have also sent a SAR under the Data Protection Act.

 

It has nearly been 14 days, however, my Sister is now recieving letters from Debt Collectors, they have also sent one to my Niece who has a joint account but is completely oblivious to what's gone on and never been contacted by anyone (halifax included).

 

Not too sure what to do now...should I wait for 14 days to be over and then send a reminder or write to the FOS...what shall I do about the Debt collector letters?

 

Please help....

[slick132]

Hi Wax,

 

I've seen quite a few card fraud cases here over time and have to say that this case is different. It does look to me as though the bank have some grounds for holding your sister responsible for the transactions, except for one instance..........

 

A final purchase (£500) which pushed my sisters account into an unauthorised over draft (which the bank is now charging her interest on) was made 6 days after she reported her card stolen!

If the card was cancelled as you say, no transaction should have been allowed or authorised after that date. Is it possible this was a purchase made before the cancellation and it appeared on a statement after the cancellation date. This could have been a purchase made on the internet or by phone.

 

Referring to your post #9 above:-

 

1. The house was not broken into which suggests someone had keys and used them, or gave those keys to a third party to steal from the house. Do you know who may have "unlawfully" entered the house.

 

If the card and PIN were taken at this time, the bank would be right in saying the PIN was not properly guarded or kept apart from the card.

 

If the PIN was not kept with the card but the PIN was used, the bank will maintain your sister was negligent with the security of the PIN.

 

2. You say the police have ruled out any suspicious people after reviewing CCTV footage. Was anyone identified on any of the footage.

 

3.

3) I am still baffled how a bank would allow someone to withdraw £450 from over the counter.

If this was done using the PIN, I don't see why the bank would require further ID. You need to check if the PIN was used for this withdrawal, or not.

 

Looking at this from another angle, if your sisters insurers were told the house was NOT broken into when jewellery, etc was taken, the insurers would be unlikely to cover any losses. They could say that someone had keys and/or permission to enter the house, and they entered or enabled someone else to enter leading to the losses suffered.

 

In my opinion, it doesn't look good for your sister and I doubt you'll get very far with complaints to the bank or to the FOS.

 

Has YS had her house locks changed and does she have a decent 5 lever mortise deadlock, if it's a wooden front door.

 

Sorry that this may not be what you want to hear but this is how it looks to me, objectively.