Online fraud. Is it a crime?
Online fraud. Is it a crime?
Author
Discussion

driverrob

Original Poster:

4,847 posts

234 months

Thursday 20th September 2007
quotequote all
My debit card has been used on a gambling website. I found out today when their membership pack arrived in the post! Only £50 taken. I blew my top with them for not checking any details first. It took half an hour to get through to the fraud section of my (A&L) bank. They've cancelled the card and I'll get my money back.
I have a fair idea of which company could have leaked or used my card details but I can't prove it. The police probably could but will they bother for just £50?
The point is: this is a crime, isn't it? Do I leave it to my bank or should I pop into my local cop shop and file a report on it?

GBS2K

7,437 posts

239 months

Thursday 20th September 2007
quotequote all
I think the bank take it up with the site, although I don't know if they inform the police.
The bank's logic - going back a couple of years when someone spent several hundred pounds of my money in Dixons / Currys / PC World online stores - is that it's the fault of the retailer because they didn't get a signature.

Basically the bank claim the money back from the retailer (in this case website) and it's up to the retailer to then contact the police as they were the ones who were defrauded.
ie someone took goods from them without the ability to pay.

streaky

19,311 posts

280 months

Thursday 20th September 2007
quotequote all
So, only "attempted theft" then! (See: http://www.pistonheads.com/gassing/topic.asp?h=0&a... - Streaky

Hooli

32,278 posts

231 months

Thursday 20th September 2007
quotequote all
wasnt there something in the news about this a little while ago? its a crime the plod wont do anyting about unless its some sort of huge figure due to lack of resources.

MrsMiggins

2,867 posts

266 months

Thursday 20th September 2007
quotequote all
It's the government's new wheeze so they can claim that credit card fraud is dropping. They told the police it's nothing to do with them unless your bank reports it. Your bank doesn't want to report it because it could expose lax security at their end.

The result? The crime figure drops. Hooray! I feel safer already.

rolleyes

henrycrun

2,473 posts

271 months

Thursday 20th September 2007
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Deva Link

26,934 posts

276 months

Thursday 20th September 2007
quotequote all
driverrob said:
My debit card
Fundamental point: It's not your debit card, it belongs to the bank.

You might think it has your account details on it, but, it's not your account - the account belongs to the bank.

It's the bank who have been defrauded, not you, so you can't make a complaint.


esselte

14,626 posts

298 months

Thursday 20th September 2007
quotequote all
Deva Link said:
driverrob said:
My debit card
Fundamental point: It's not your debit card, it belongs to the bank.

You might think it has your account details on it, but, it's not your account - the account belongs to the bank.

It's the bank who have been defrauded, not you, so you can't make a complaint.
The bank can pay my overdraft then....smile

Peter Ward

2,097 posts

287 months

Friday 21st September 2007
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I had a similar problem, with my Visa card being used to withdraw money in Hungary when I've never been there. The bank (First Direct) was very good and have refunded me the money (but not the transaction charges). They did say they would talk to the police, but they weren't allowed to tell me what happened. Amazingly, they also aren't allowed to tell me how my card details were obtained, even though I got the impression they had a good idea and gave me a hint (local Shell garage). I've spoken to others who know people who work in fraud depts in banks and they say how frustrating this is, as they know the people will unwittingly go back to the place where their card details were obtained and it will happen all over again.

It also happened to my brother earlier this year. He didn't just take it lying down when he was told that the police wouldn't be interested. He went to his local police station and insisted that they treat it as a crime. After about half an hour of arguing with the duty person, they reluctantly agreed to take down the details and asked him to write down all his card details on a notepad they kept on the desk by the phone. As you can imagine he didn't take too kindly to this. I don't think he got very far.

So yes, it seems that online fraud and cloned card fraud are not considered crimes any more except if the amount is huge. The banks are absorbing the costs of refunding their customers with no means of achieving prosecutions/compensation. While you can understand that not every £25 fraud is going to be the top priority for the police, it does give criminals free rein to make lots of smallish purchases without any fear of prosecution. That must be safer than nicking satnavs and flogging them down the pub?

Marki

15,763 posts

301 months

Friday 21st September 2007
quotequote all
Hooli said:
wasnt there something in the news about this a little while ago? its a crime the plod wont do anyting about unless its some sort of huge figure due to lack of resources.
yes It is now up to the bank to get Plod involved , apparently if you Joe Public go to Plod they will not be interested

Deva Link

26,934 posts

276 months

Friday 21st September 2007
quotequote all
esselte said:
Deva Link said:
driverrob said:
My debit card
Fundamental point: It's not your debit card, it belongs to the bank.

You might think it has your account details on it, but, it's not your account - the account belongs to the bank.

It's the bank who have been defrauded, not you, so you can't make a complaint.
The bank can pay my overdraft then....smile
Ah - that's *your* overdraft!

Deva Link

26,934 posts

276 months

Friday 21st September 2007
quotequote all
Peter Ward said:
asked him to write down all his card details on a notepad they kept on the desk by the phone.
That must have been an hilarious conversation!
Peter Ward said:
it does give criminals free rein to make lots of smallish purchases without any fear of prosecution.
What amazes me, and this has happened to me and several other people I know, and my credit card company said it's very common, is when the card is used to buy a flight.
You would think that surely there's quite a lot of risk there, as someone has to turn up and take the flight? You would also think that (in this day and age) the transaction could easily be matched to the travellers details? However it would seem they're so confident of getting away with it that it doesn't bother them.