Re: credit card fraud - company not refunding

mert1639 <mert1639@xxxxxxxxxxxxxxx> posted
I recently had a card lost/stolen. I only noticed when the statement came
as I rarely use the card. The PIN wasn't written down.
I reported it to the company and filled out their form. Now they have
informed me that beacuse they were C+P transactions they won't be refunding
me.
I have evidence I was not in London (where the transactions took place) when
the transactions occured. I was with family in Cornwall and the hotel are
supplying a letter to this effect.
What law do I have to quote at the company.

Consumer Credit Act 1974:

"s.83(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."

and

"171(4) In proceedings brought by the creditor under a credit token agreement [snip]
(b) if the debtor alleges that any use made of the credit token was not authorised by him, it is for the creditor to prove either (i) that the use was so authorised, or (ii) that the use occurred before the creditor had been given notice under section 84(3). "

In other words, it's up to the creditore [i.e. Barclaycard] to prove the debtor [i.e. you] authorised these transactions, or bear the loss themselves. It is *emphatically* not the case that the use of a genuine PIN can be taken as automatic proof that you really did authorise the transactions. However, all CC companies routinely try to defraud their customers in this way; Barclaycard is known to be the worst.

The thing to do now is to write to Barclaycard telling them that the transactions were fraudulent and so you require them to be removed from your account. Do not pay them. Tell them you are terminating the CC account because of their dishonest behaviour, which as they know is counter to the 1974 Act. Tell them that if they wish to dispute the matter you will appeal to the Ombudsman, and if they take it to court you will defend it and they will lose. Also tell them that you will send an account of the circumstances to all the national newspapers' consumer columns.

Don't tell them yet that you can prove you didn't make the transactions - that's for later.

Can you prove you had your card with you in Cornwall?

--
Les Invalides
.

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