Author Topic: payment in case of credit card fraud  (Read 12859 times)

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merlin

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payment in case of credit card fraud
« on: August 26, 2010, 05:34:00 PM »
Hello cardbhai!

My mother-in law has a ICICI Bank credit card. She received a call on 19th July 2010 from a person, Mr. Ravi Saxena, claiming to be a representative of ICICI Bank credit card.
He informed her that her ICICI Bank credit card has been selected for an enhancement and that she will receive a new card with an enhanced limit. Prior to this she also received a sms from ICICI bank informing her of the increased limit available. She refused at first but the person was very persistent and finally after 2-3 calls from him she showed her interest.
He also informed her that a representative from ICICI Bank will come to her work place, and that she had to hand over her card after cutting it and that he will then send the new card in 2-3 days.
The next day, i.e. 20th July 2010, at around 1.30 pm, a person claiming to be from ICICI Bank with an i.d. card did arrive at her work place. She cut her old card into 4-5 pieces and scratched off her signature. The so-called representative then slyly took the cut pieces away from her and told her that she will receive the new card in 3-4 days.
 
She did not think much of this until 6.30 pm on the same day, she received an alert message on her cell phone that a transaction of Rs. 6,120/- has been done at Gala Telecom. This is when she got suspicious and informed me. I immediately asked her to hot-list her card. She did that around 7pm and was informed by the customer care executive that there have been transactions of close to Rs. 12,000/- done on her card.
I then spoke to another customer care executive, Ms. Usha at around 9pm on the same day. She informed me that the matter has been taken into dispute and we will come to know by 31st July 2010 on the status of the payments, if any to be made, for the fraudulent transactions. She also informed us that the transactions were done physically at a merchant establishment (and not on-line).
 
Subsequently, she received a letter on 26th July 2010 from ICICI bank. The letter stated that the following transactions have been made and the charges temporarily reversed.
Payment if any to be made will be decided in 45 days post their investigations.

After another few days, ICICI bank sent another letter contents which i reproduce:

"We inform you that according to the revert of the SR146834665, the dispute has been resolved in favour of the bank and you are liable to make the payment.
 
We have an exclusive investigation team which looks into the dispute-related complaints. As per the investigation, this dispute has been resolved in favour of the bank.    
 
The signature is not the only valid parameter to resolve disputes. We have other parameters to decide on transaction disputes which we would be unable to disclose.  
 
A card holder is responsible for the physical security of the card. In the case of loss/theft, or if the credit card is misused, the card holder is liable for all the transactions done on the card till the bank is informed of the loss/theft.  
 
We look forward to more opportunities to be of service to you.  
Sincerely,
"
 
Though I admit that she was waylaid by a con man, there are some serious questions that need answering and ICICI bank refuses to answer inspite of repeated e-mails:
1. How did her telephone number and details that she possess the ICICI Bank credit card get into public domain?
2. How did the merchant establishment manage to charge the transaction to a mutilated and scratched out signature credit card?
3. Also, they are refuesing to give the address of the establishments, where the fraudulent transactions took place?
4. How did the merchant hand over the goods without checking/ matching the charge slip? Will the bank be asking him to provide the charge slip for proof?
5. How can the bank conduct an independent inquiry and not even disclose to her what is the basis of their investigation?
6. How can she fight for her rights with the bank? Does she have to pay them? She is not in a very good financial state and would have paid them the money if I could as I dont beleive we have the resources and time for a fight with the bank.

Sorry for the long post but thought this best explains her case. Thanks in advance.

merlin.

cardbhai

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Re: payment in case of credit card fraud
« Reply #1 on: August 26, 2010, 10:49:09 PM »
As a safety, first file a complaint with the Police on the Phone Numbers from which you received calls in this regard and tell them they have stolen your Credit Card. Mark a copy of Police Complaint to RBI.

You have raised all the Valid Points. Go through RBI's Master Circular on Credit Card Operations By Banks and Cite them according to your case and immediately File a Complaint against ICICI Bank with the ICICI Bank Ombudsman. Maintain the tone of the letter such that you receive the response in your favor. Send by Speedpost and preserve all correspondence for future, atleast 10 years because you never know whn the case will re-open or when ICICI bank will report to CIBIl as defaulter violating all Banking Practices.

If matter is not solved, put the matter before RBI Ombudsman.

merlin

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Re: payment in case of credit card fraud
« Reply #2 on: August 27, 2010, 02:12:21 PM »
Thanks for your response cardbhai. I forgot to mention earlier that we have complained to the Police as well with the fraudster's telephone number and other details.
Will follow your advice on sending the copy of the Police complaint to RBI, filing the complaint to the ICICI bank ombudsman and preserving all future correspondence. Keep you posted on the developments.

Thanks again!

merlin

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Re: payment in case of credit card fraud
« Reply #3 on: September 13, 2010, 01:17:23 PM »
hi cardbhai!

with regards to marking the copy of the Police Complaint to RBI, i was unable to find the correct address. can you pls help me with the same?

as an update- the bank is still not co-operating by giving the address of the merchant estb. The investigating officer needs the same to go forward with his report. i have once again written to the head service quality (recieved the last communication from him).
he has also sent me  an email copy of the charge slip of only one of the two fradullent transactions.

regards.

cardbhai

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Re: payment in case of credit card fraud
« Reply #4 on: September 15, 2010, 10:32:16 AM »
RBI Banking Ombudsman is available at - http://www.rbi.org.in/Scripts/bs_viewcontent.aspx?Id=164 Depending on which state you are resiging at choose appropriate Ombudsman.

Wait for the investigation to complete and then seek all the details.

merlin

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Re: payment in case of credit card fraud
« Reply #5 on: September 15, 2010, 11:27:15 AM »
thanks!
the police officer is requesting for the address of the merchant estb where the transaction took place. inspite of repeatedly writing to icici bank, they are just side-stepping the issue. latest excuse they gave, was that the transaction was done on a different bank's machine, hence they cant give the address!! in any case, i will be sending a copy of the police complaint and the e-mail communication with icici to RBI and the icici bank ombudsman, with a covering letter (will follow your advise of regd post).

merlin

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Re: payment in case of credit card fraud
« Reply #6 on: October 13, 2010, 04:14:09 PM »
hi cardbhai!

we received a reply from the office of the banking ombudsman citing that  " frauds are not covered under the grounds of complaint mentioned in clause 8(1) of BOS-2006 and hence we reject the complaint under clause 13(a) of BOS-2006".

at the same time, i had also informed ICICI bank that we are not making any payment for the fraudulent transactions and have complained to the RBI Ombudsman. ICICI has replied that we have to pay the money and finally sent the addresses of the merchant estb. and the scanned copy of the charge slips. (btw, the signatures on the charge slips are obviously forged.)

would greatly appreciate your help to pursue the matter.

regards