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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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£750 has been spent on my PAY as You Go oyster card after losing

Customer Question

£750 has been spent on my PAY as You Go oyster card after losing it for 6 months on the tube. As my spare oyster which I was using was also on the same autotop via my credit card I did not notice my other oyster card being used by someone else and of course I did not know it was lost for the 6 months. As far as I am concerned I did not travel on this oyster, the money was taken from my credit card and therefore someone should be responsible for this loss but not me.

Should I be seeking the loss from the credit card company or transport for london where the card was lost and used?
Submitted: 2 years ago.
Category: Property Law
Expert:  Ash replied 2 years ago.

Alex Watts : Hello my name is Alex and I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply, but rest assured I will be giving your question my immediate attention upon return You do not need to wait here as you will get an email when I reply.
Alex Watts : Did you speak to your credit card company yet please ?
Customer :

Yep, I spoke to Credit Card company and they stated as I authorised payments for the oyster card on the transport for london website then they can not cover the costs for a lost and stolen oyster card and that I should write to transport for london. Worth noting they did say transport for london do not follow the highest levels of credit card security as the banks and credit cards company advise their clients (I do not know the specifics of this and even so it might not be relevant). If for e.g TFL scanned the oyster card of the thief (like they do on trains) to see who it was registered to (even if not practical on the tube) this would have indicated someone else was using it. I guess what I am getting at is TFL ultimately responsible for my loss and if so do I have a claim? Or is it a credit card claim and if so how?

Alex Watts : Did you not notice card payments on your statement please?
Customer :

This is the problem, I did see payements on the credit card, however, I thought they were payments for the oyster I was using on a day to day basis as the TFL website allows you to register multiple cards for autotopup. Therefore I did not release until 6 months later when adding up the payments in fact it could not be from my travel alone and at that point investigated and got TFL to cancel the stolen card.

Alex Watts : It's bad news I am afraid. As a card user you have responsibility to keep it safe and indeed report a loss. Because you saw the payments but made the wrong assumption sadly you are liable.
Alex Watts : even if you did not travel on it, you did not report it stolen or stop card payments.
Alex Watts : Therefore sadly you are liable.
Alex Watts : If you brought a claim against TFL sadly it would fail in court.
Alex Watts : I am sorry if this is not the answer you want and certainly not the one I want to give you, but I have a duty to be honest.
Alex Watts : Can I clarify anything for you about this today please?
Customer :

Is there not an onus on TFL to ensure the owner of the card is the person using it. for e.g after I cancelled the card I am sure the thief tried to use it at this point it would have been blocked. I would have expected the TFL staff at this point to have done something to identify the person, then at-least I could go after the person using the card. Without TFL doing this I have no chance in that. Ultimately something was bought on credit card using my credit card, I received no good or service in return and what it seems I have to bare the cost of this? Is there nothing you can think of even if a small chance I can do?

Alex Watts : No. There is no onus. It is the same with a credit card - the onus is on you to make sure it is you. There would be no practical way TfL could know whether it was you using it.
Alex Watts : Even when the card was blocked there would need to be a system in place to flag up a stolen card, hold the user and then call the police.
Alex Watts : TFL have no power of detention or arrest.
Alex Watts : You could try and issue a small claim for the cost, but I suspect you may lose this and end up paying court costs.
Alex Watts : I am sorry but I have to be honest.
Alex Watts : Can I clarify anything else?
Alex Watts :

If this answers your question could I invite you leave feedback on my service which I hope has been excellent today, if you need more information or help then please click reply.

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