Fraudulant Card Payment

[DannyScene]

Just looking for some advice

I work at a motor factors and as such we regularly take card payments over the phone

One such payment I took last week turned out to be fraudulent, obviously I have absolutely no way of knowing this over the phone, the company have told me I have no choice but to cover the full invoice cost personally out of my wages, £447, to me that is quite a lot of money

Does anyone know where I stand on this? It's blind luck that I happened to take that phone call and had I known the payment was fraudulent I obviously wouldn't have put it through

[NGee]

If that's the way the company treat their staff I'd get a new job ASAP.
How do you know it won't happen again? I wouldn't want to put myself in that position where I was frightened to pick the phone up.

[Pericoloso]

The company should suck it up ,not you.

[DannyScene]

I now refuse to take any payments over the phone and all my colleagues are doing the same

[Butter Face]

DannyScene said:

I now refuse to take any payments over the phone and all my colleagues are doing the same

Absolutely, the company cannot reasonably expect you to take payments and then charge you if they are fraudulent.

Have you a company handbook that you can see which may have something referring to them taking money from your wages? Seems utter madness to me.

[DannyScene]

Butter Face said:

Absolutely, the company cannot reasonably expect you to take payments and then charge you if they are fraudulent.

Have you a company handbook that you can see which may have something referring to them taking money from your wages? Seems utter madness to me.

I'm going to dig out my contract/terms of employment tonight and have a read through

I feel hung out to dry by the company to be honest

Edited by DannyScene on Thursday 23 August 16:39

[Harpoon]

Have you had any training and/or is there a formal procedure to follow to verify card transactions?

[springfan62]

Is there a company procedure for over the phone payments.

If there is did you follow it? If you did then they should accept the cost, if you didn't follow procedure you are probably at risk of having to pay.

[Countdown]

I’m not sure how you can be held liable personally for the company being defrauded, unless you were at fault.

[randlemarcus]

If you want to put the company on actual notice that you aren't going to accept this, probably worth a formal note withdrawing any previous permission to deduct any amount from your wages.

I am not a lawyer of any sort, but logic would dictate this is a sensible first step, just in case there's a clause in your contract.

[Order66]

This is illegal. It is an "unlawful deduction from wages" for which you have statutory protection under the Employment Rights Act 1996.

Tell them to get fcked. If they sack you haul them over the coals for wrongful dismissal.

[sugerbear]

DannyScene said:

Butter Face said:

Absolutely, the company cannot reasonably expect you to take payments and then charge you if they are fraudulent.

Have you a company handbook that you can see which may have something referring to them taking money from your wages? Seems utter madness to me.

I'm going to dig out my contract/terms of employment tonight and have a read through

I feel hung out to dry by the company to be honest

for reference its euro car parts so hardly a small company that's struggling for money

I smell something fishy.

[megaphone]

OP see similar thread here, someone accepted iffy £50 notes, employer wants her to pay.

https://www.pistonheads.com/gassing/topic.asp?h=0&...

[55palfers]

Even if they were allowed to make the deduction, it should only be at cost price with no VAT.

They made £63M last year - what a bunch of crooks.

[megaphone]

I don't understand, if you take a payment over the phone then it needs to be authorised by the CC company, once done surely it's their responsibility?

Did it get shipped to an alternative address?

[DannyScene]

megaphone said:

I don't understand, if you take a payment over the phone then it needs to be authorised by the CC company, once done surely it's their responsibility?

Did it get shipped to an alternative address?

They actually came in store to collect the parts

[DannyScene]

randlemarcus said:

If you want to put the company on actual notice that you aren't going to accept this, probably worth a formal note withdrawing any previous permission to deduct any amount from your wages.

I am not a lawyer of any sort, but logic would dictate this is a sensible first step, just in case there's a clause in your contract.

If I can find nothing regarding card payments in my contract I think this would be a good course of action

[DannyScene]

Order66 said:

This is illegal. It is an "unlawful deduction from wages" for which you have statutory protection under the Employment Rights Act 1996.

Tell them to get fcked. If they sack you haul them over the coals for wrongful dismissal.

I'll have to check my contract I think tonight and if there's nothing in there covering card payments ill have to escalate

[megaphone]

DannyScene said:

megaphone said:

I don't understand, if you take a payment over the phone then it needs to be authorised by the CC company, once done surely it's their responsibility?

Did it get shipped to an alternative address?

They actually came in store to collect the parts

So that is the mistake. Protection does not kick in if you don't send the items, you should have taken a card payment in store. All this is basic stuff, what is the company policy re online/phone payments and collections?

We will not take phone payments or online payments and allow collection, unless we know the customer. Been caught out before.

[DannyScene]

megaphone said:

DannyScene said:

megaphone said:

I don't understand, if you take a payment over the phone then it needs to be authorised by the CC company, once done surely it's their responsibility?

Did it get shipped to an alternative address?

They actually came in store to collect the parts

So that is the mistake. Protection does not kick in if you don't send the items, you should have taken a card payment in store. All this is basic stuff, what is the company policy re online/phone payments and collections?

We will not take phone payments or online payments and allow collection, unless we know the customer. Been caught out before.

It's something we do quite a lot, someone will ring up order some parts then say their partner will be coming in to collect them

Looks like I might just have to swallow this one