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Ben Jones
Ben Jones, UK Lawyer
Category: Law
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Someone without my knowing entered my Expedia account and

Resolved Question:

Someone without my knowing entered my Expedia account and used my visa debit card to make a hotel accommodation booking of £170? I'm sure I haven't given my Expedia account details and visa debit card details to anyone. Probably someone stole my information on public wifi.
Does Expedia have a liability to pay me back the money? Does my bank have a liability to pay me back the £170 I lost?
Submitted: 1 year ago.
Category: Law
Expert:  Ben Jones replied 1 year ago.

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

It is highly unlikely that Expedia will have any liability to pay you back the money, unless they still have it on their accounts and you can show it was fraud, or if they were at fault for the breach. This could happen if they had negligently shared your login details with someone but proving that would be very difficult and to be honest it is unlikely that it was the reason.

The bank will be in a similar position – they are not at fault for what happened. You may be able to use their fraud protection, if they have any that would cover this, so do raise it as a fraudulent transaction. However, that does not guarantee the return of the money and it will depend on their investigation and what they decide. Nevertheless it is your bet course of action here to try and get something back.

I'm sorry if this is not necessarily the answer you were hoping for, however I do have a duty to be honest and explain the law as it actually stands. This does mean delivering bad news from time to time. I hope you understand and would be happy to provide any further clarification if needed. If you are still satisfied with the level of service you have received I would be grateful if you could please take a second to leave a positive rating by selecting 3, 4 or 5 starts at the top of the page. Thank you

Expert:  Ben Jones replied 1 year ago.

Hello, I see you have read my response to your query. If this has answered your question please take a second to leave a positive rating by selecting 3, 4 or 5 stars from the top of the page. I spend a lot of time and effort answering individual queries and I am not credited for my time until you leave your rating. If you still need further help please get back to me on here and I will assist as best as I can. Many thanks.

Customer: replied 1 year ago.
Dear Mr Jones, thank you for answering my question and sorry for a bit late in response as I have been occupied by my daily work. As far as I can understand, I think there is something called chargeback scheme through which a person can claim back the loss of money from his/her bank because a bad person used money of his/her debit card. The bank is obliged to pay unless it can prove that the person is grossly careless or purposeful in giving the debit card information to outsiders. Could you please check if this scheme could work in my case or not? Thank you Mr Jones.
Mr Jones, I will give a positive response finally but for now I don't think I haven't got a final answer. Please don't get me wrong, I am not waiting for a response from you which is favourable in my situation. I just want the answer from you which is as accurate and as having considered all the information such as different laws/rules/acts as possible. Thank you again.
Regards,
Eric
Expert:  Ben Jones replied 1 year ago.

Chargeback is an option but the rules vary based on card provider. It is not a legal right as such but it is part of Scheme rules which banks subscribe to. However, it is not a case of the bank having to refund you unless they can show that this was due to your carelessness or negligence – it is certainly not that simple. Generally the bank decides if the circumstances qualify for a chargeback. You can use this template letter to make a claim:

http://www.which.co.uk/consumer-rights/letter/letter-to-make-a-chargeback-claim

Hope this helps

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