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I'm a barrister. I used to work in the card fraud investigations department of the Financial Ombudsman Service. I can help with your query.
There are a number of ways you can dispute this payment. The question is whether the bank can prove you authorised the payment. Different rules apply to credit and debit cards.
Was the card a credit card?
Was the fraudulent transaction(s) taken from a credit balance or a debit balance (i.e. your overdraft) or a mixture of the two?
So the money taken was money in your account.
This means that you must show that the transactions were not authorised by you AND that you were not negligent (when it comes to credit card frauds and money taken from overdrafts you don't have to prove that you were not negligent, hence why I asked the question).
So, what does 'authorised' mean? That you were shown the amount to pay and you told your bank to pay it (the emphasis on YOU). What does negligent mean? In the context of card fraud, it is negligent to write your PIN on a bit of paper in your wallet (for credit cards it does not matter).
How do banks establish that it was authorised by you? The first question is how would another person have obtained your PIN. If, for example, there were cash withdrawals a short time before the disputed card transactions you can argue the fraudster might have 'shoulder surfed' you, seen your number, and then taken your card and used it. The absence of a genuine transaction where a PIN was used before will raise the question how did the individual get your PIN.
What kind of venue was it? Did you make any authorised transactions before?
Have you had a final response letter from your bank?
How long ago. If 8 weeks has passed since when you first raised it you can refer your complaint to the Financial Ombudsman Service. They will look at your complaint for free and if they decide the money should be refunded the bank will pay it back. You need to explain how someone may have got your PIN either a stripper, bar staff or a fraudster. A way that doesn't suggest you've been negligent.
I think this answers your question, if it does, please accept. If you require clarification please ask.
If its chip and pin authorised your card would need to have been in the machine and your pin entered. About 17 pages of algorithm data is produced to authorise, basically your bank talking to the merchant acquirier. The FOS will check all of this so thats your best bet.
Not ideal. Then it must be accepted the fraudster swiped and returned which I know the FOS are not readily inclined to accept.
Do you require further clarification?