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Senior Partner
Senior Partner, Solicitor
Category: Law
Satisfied Customers: 13323
Experience:  Solicitor with more than 30 years experience
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Fraud on my Tesco Card without my consent.

Customer Question

Fraud was committed by using my Tesco Card without my consent. It may have been one of my children but they won't admit it. I am paperless and I hardly used the card so I didn't get month statements therefore I didn't see any transactions. After nearly 6 months and £6,600 debt later, on a routine on-line statement check, I saw my debt to my horror. I immediately stopped the card. I believe that Tesco had a duty of care to warn me of unusual activity, (all payments to the same gaming company, some days up to £400). They deny this and refuse to help let alone accept some or even part of the responsibility. £6600 of transactions to the same gaming company. One phone call to check this was ok was all that was needed. To add insult to injury, they continue to charge me interest at 19%. Is there anything that I can do? Guy.

Submitted: 2 years ago.
Category: Law
Expert:  Senior Partner replied 2 years ago.
Guy, thank you for your question. The issue here - as you may appreciate - is to establish that the use is fraudulent. That can be extremely difficult to do. Have you asked the police to investigate? It should be possible for an online gaming company to trace the ip address of the computer used to to log in. They also must have and other details for the customer.

If there is a risk of it being one of your children have you checked the computers they use to see if there is evidence of their use for this. Otherwise do you know where the card was kept and can you say with certainty it has not been out of your possession.

If you are completely satisfied that it is fraudulent then you should pursue it with the police and with Tesco and if they refuse to do anything then you can go the Financial ombudsman.

It is not unusual for banks/credit card companies to refuse to accept use is illegal. They are not unfortunately under any legal obligation to alert you to its use although most of them monitor unusual activity. If however the use was regular and not exceptionally large sums or repeated multiple times in a day it might not trigger an alarm.

I certain think yo should push the issue with them. Make sure yo put everything in writing

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