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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 71031
Experience:  Over 5 years in practice
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My wife & I purchased some things from a shop, we used both

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My wife & I purchased some things from a shop, we used both cards to pay for the items, it was chip & pin, we were charged 200Euro's, they tried to sell us a one off payment so we could access all things like sky sport's sky movies & games, but wanted us to pay 995 Euro,s but we could not afford a one off payment, so they told us to pay one monthly fee of 20 Euro,s each, & the Tablet we bought would be fully installed, for free, to access the things we wish to have, & paperwork would be forwarded in 10 working days so we used our debit cards.But unknown to us they made a withdrawal of £759.93 out of my wife's account, tried to make a withdrawal from my account, but was declined, i had a text from Barclays saying that the transaction had been refused, due to having not having enough in my account on my debit card, but we only found out the monies from my wife,s account had been taken the day after our return from Tenerife, & today my bank paid £1319.09 to the same people,after being refusing to do the same transaction on the 15/01/2016, my bank is investigating,but my wife's bank Sandander are refusing to reclaim her money, we are victims of fraud & deception,are they right to refuse to recover her money?
Thank you for your question. My name is ***** ***** I will try to help with this.
What is their ground for refusal?
Customer: replied 2 years ago.
Sandander have said, it's her own fault cause she should have checked before entering pin number, but it was blank or not clear, & they tried to take a larger amount, so it was declined, but the man walked off withe chip& pin machine, before comming back & give her a receipt, that said declined, so she had no idea of the transaction going through.but her bank said it was her own fault for putting her pin in the first place.
Their essential point is that their security measures have not failed and so they are not liable. That is certainly true. The bank are only liable if they have failed in some way.
That doesn't mean that they couldn't try to claw back the money but it does mean they are not bound to do so by contract.
If you didn't agree to this then you do have a claim against the merchant though. If they are UK based then that should be easy enough to enforce by suing if necessary.
Can I clarify anything for you?
Customer: replied 2 years ago.
it's out of the uk, it's in spain.
That does make it harder.
It is not impossible but it is harder to enforce abroad even in the EU.
Come what may though, if you didn't pay by visa then S75 CCA doesn't apply and if the bank's security measures didn't fail then they are not liable I'm afraid.
You can report it to them as a fraud if indeed it is. They should investigate but they are not under a duty to clawback unless the contract that you have with them demands that they will.
Customer: replied 2 years ago.
what about mine with Barclays, they did stop payment,after my account did not have the monies,but then let the transaction go through today on the 18/01/2016, for £1319.09, & that after texting me friday 15/01/2016, saying they had stopped the transaction for not having enough money in my account..
That is what I mean.
Barclays would only be under a duty to claw back money for claims that are disputed if their security measures failed or if your contract with them demands that they will which is fairly unlikely.
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