Fraudulant Card Payment
Discussion
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
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
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 throughHave 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 feel hung out to dry by the company to be honest
Edited by DannyScene on Thursday 23 August 16:39
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 actionI 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 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 escalateTell them to get fcked. If they sack you haul them over the coals for wrongful dismissal.
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 partsDid it get shipped to an alternative address?
We will not take phone payments or online payments and allow collection, unless we know the customer. Been caught out before.
Looks like I might just have to swallow this one
Drew106 said:
Last time I ordered something from Screwfix for collection, I had to enter my PIN when collecting. Even though I had already paid.
Not sure if that's in anyway helpful, just know these two stores operate in similar ways.
There is no way for a customer to enter their pin as way of confirmation on our machines or if there is it has never been enabledNot sure if that's in anyway helpful, just know these two stores operate in similar ways.
JPJPJP said:
What is the process for taking a card payment over the phone where the customer then appears in person to collect?
Does it involve seeing the card at the point of collection?
It doesn'tDoes it involve seeing the card at the point of collection?
They ring up we set the job up under their reg, they pay over the phone then quote their reg on collection so we can identify their order
megaphone said:
DannyScene said:
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 partsDid it get shipped to an alternative address?
We will not take phone payments or online payments and allow collection, unless we know the customer. Been caught out before.
Looks like I might just have to swallow this one
Have you ever been given any training or info on how to take payments?
JPJPJP said:
Yes, you have the card details, house number, postcode and reg details.. that could be enough for the police to have a look surely? CCTV even better.
Is the address quite local to your branch?
If you have followed the card payment process (or if there isn't one documented), then there is no way you should be paying personally
If there is a documented process that doesn't meet the security needs of the payment processor and, therefore, allows such fraud (i.e. without the pin), then there is no way you should be paying personally
We didn't have CCTV at the timeIs the address quite local to your branch?
If you have followed the card payment process (or if there isn't one documented), then there is no way you should be paying personally
If there is a documented process that doesn't meet the security needs of the payment processor and, therefore, allows such fraud (i.e. without the pin), then there is no way you should be paying personally
What I've been told is very vague, I was called into a mangers office and the conversation literally went like this
'Danny you've taken a payment off a fraudulent card so you're liable for the £447 we'll be taking it off your next wage'
I argued they could split it over the next 3 months which they've agreed to do and made it clear they were doing me a favour
I'm going to check my contract when I get home and see if there is anything in there that means I am liable before I try and take this any further
It was a hell of a shock when they told me I would be paying as I always assumed they'd have insurance to cover themselves or that they'd at least want to try look after a member of staff
It was a hell of a shock when they told me I would be paying as I always assumed they'd have insurance to cover themselves or that they'd at least want to try look after a member of staff
Bumblebee7 said:
DannyScene said:
I'm going to check my contract when I get home and see if there is anything in there that means I am liable before I try and take this any further
It was a hell of a shock when they told me I would be paying as I always assumed they'd have insurance to cover themselves or that they'd at least want to try look after a member of staff
By all means check your contract but even if such a clause exists it would surely fall under the Unfair Contract Terms Act as a completely unfair and unenforceable standard term in a contract. They categorically cannot hold you liable for your actions, especially as what you did does not fall outside of the standard practices of the company.It was a hell of a shock when they told me I would be paying as I always assumed they'd have insurance to cover themselves or that they'd at least want to try look after a member of staff
Companies rarely look after their employees when push comes to shove, a company will not put the staff's needs before its own, if circumstances change etc. most companies will look at their staff as a number on a page and act accordingly.
JPJPJP said:
Did you get anywhere with this OP?
I've messaged a company in Leeds that someone posted on here however they haven't come back to me yet so I'll be chasing that up todayMy manager called me into his office yesterday to sign a permission form for them to deduct money from my wages which I refused to do much to his disgust
I've also emailed HR for a copy of my contracts and they've advised that I started in march of whatever year and they didn't start using the document storage system until September so they couldn't provide me with one which seems odd
Durzel said:
Make sure whatever contract they end up showing you is the one you've signed, rather than one hastily typed up by someone in the HR department which mysteriously has this deductions clause added.
I was thinking thatUnless they show me a contract that I have physically signed I will not be agreeing to any deductions on my wage
The Mad Monk said:
DannyScene said:
I've also emailed HR for a copy of my contracts and they've advised that I started in march of whatever year and they didn't start using the document storage system until September so they couldn't provide me with one which seems odd
Well, that's not a problem. Simply refer to your own copy of your contract of employment.You obviously were given a copy which you have kept in a safe place.
Take a copy of your copy, leave the original at home, and take the copy into work and quote that to everyone. If they say, 'show us', you can let them have the second copy because you have the first copy at home.
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