Debit Card Used By Somebody Else

Rosstopher

Hi

I have found that my friend has been using my debit card to gamble online. Im pretty sure he took the details from taking my card straight out of my wallet when I wasn't looking. Sick, I know.

My question is.. Do I have any rights now given that I may be deemed negligible for leaving the card around? Who is responsible in returning the funds IF that is the case.. The bank, the gambling company or the debit card merchant?

I am obviously dealing with this on a personal level with this "friend" but will I have to contact the police and do a statement to get anywhere with this?

Any help would be great.

Speedwell

You didn't give the card to your friend or allow your friend to borrow your card; your friend stole your card from your wallet. You just discovered the fraud and what happened. Presumably you used the same due diligence to secure your card that any reasonable person would have used; was the wallet at your home when your friend was visiting? I wouldn't think you were negligent in any way provided you exercised reasonable care over your wallet at all times while with your friend (not leaving it on the bar while you went to the loo, for example).

Your friend is the person responsible for returning the funds he stole. Your bank may have something you can claim if you report it immediately and emphasise that you absolutely in no way authorised your friend to use your card. The gambling company and debit card merchant were simply processing the transaction they were asked to process. You can't go after them, but your bank might be able to reclaim from them (that's something they would do after you claim whatever fraud process).

If your friend has the money and repays it right away, I don't see any reason to involve the police. Police should be involved only in cases where people can't sort things out between themselves. If your friend has no criminal record, giving him one will not help him "see the error of his ways" or straighten his life out.

ArtyC

Afaik he can't withdraw any winnings without that card being verified. Would he have had a chance to take the card itself at some point?

You could contact customer care of whatever bookies he used, they take this seriously and will offer you advice at very least,

stevek93

Friend?

BuffyBot

Speedwell wrote: »

.

If your friend has the money and repays it right away, I don't see any reason to involve the police. Police should be involved only in cases where people can't sort things out between themselves.

Worth noting the bank may very well require that it be reported to the Gardaí before entertaining a claim if the "friend" doesn't.

Sam Kade

stevek93 wrote: »

Friend?

Indeed

RossieMan

Surely the claim is with your friend and not the bank? I'd cancel the card ASAP, god knows what else it's been registered with.

Speedwell

BuffyBot wrote: »

Worth noting the bank may very well require that it be reported to the Gardaí before entertaining a claim if the "friend" doesn't.

Yes, of course, if the thief doesn't immediately repay what he stole, I agree, it's not something they are working out successfully between themselves.

The son of a friend stole cheques from me while he was supposed to be taking care of my cats while I was out of town (the feckless f*ck made them out to himself, not the sharpest tool in the shed). As soon as I reported the theft to my friend, she begged me not to call the police and immediately restored the money. If the money hadn't been posted back to my account within a week, I would have called the police anyway.

Rosstopher

Thanks guys, got sorted in the end.

He transferred the money back to me days after, not sure how he got it exactly but im not that concerned.

Just goes to show how gripping gambling addiction can be. Apparently he was in full on desperation mode and wanted to deposit a fiver or something in the hope of just withdrawing back and just kept going. Not much consolation to me as I'm now the one that was out of pocket and now left with a big gambling stain on my banking history.

Won't be forgiven, at least any time soon, but his behaviour was that of a junkie. Sad to see.