need to seek for help/advised here.

my friend's credit card had been stolen & they swap it till RM3000.
at 1st the bank just absord 20% of the amount, but i ask my friend to re-appeal it with the Consumer Protection for “unauthorized use” in Bank Negara’s Credit Card Guidelines under Clause 13.2.
Then the bank replied, now they absord 50% of it but we still need to paid 1.5k

so i dont know what can we do now?
As the amount also not a small amount. the bank said if we din't agreed they will take legal action & we need to paid the full amount + late charges & others charges as well, like forcing us to agree n paid for the RM1500.

Just want to know is it the ' Consumer Protection for “unauthorized use” in Bank Negara’s Credit Card Guidelines under Clause 13.2 ' can protect us? which we just need to paid MAX RM250 for any unauthorized transaction??
what are the procedure i need to do? advised please....

ally

http://www.lawyerment.com.my/boards/articl...ial_Law-107.htm

Hope this may help

Threaten the bank that you will bring this to the attention of the consumer board and fight it out in court.

Definitely favours your side. Maximum loss that the bank can impose on you is only RM250 according to Bank Negara.I read similar news on thestar newspaper just a year ago.Try googling up the article.

Make sure you reported the police as soon as possible and no delay is done on your part

this is most important...

also when you call to report abt yr credit card lost rmbr the date time and the person attending yr call

cause if the transaction happen after you reported, its the bank fault..

but if its before.. its shared fault..

Standard Chartered Business Visa Platinum
Link

Zero Liability
You bear zero liability on transactions carried out after you report the loss of your
Standard Chartered Business Visa Credit Card.

refer here: https://forum.lowyat.net/index.php?showtopic=1453302&hl=
https://forum.lowyat.net/index.php?showtopic=1014889&hl=
There's an article whereby a lady managed to win a court case where the total liable is only RM250 according to the T&C.

i lost my card earlier this year and the f**kerr who stole it spend to the max! made a police report saying that was stolen, called up the bank... immediately after realising it , it was a hassle though.. but still have to pay rm250 on the lost....

The snatchthief swiped to the max after you report loss to bank? Lucky you.

What happen if you lost the wallet but by the time you report it's already got swipe do the clause still protect you by paying only 250 ??

my friend had called the bank while realised had been stolen & also make polis report, all document had fax to the bank.
But after we re-apeal, the bank said the last offer they give is 50% of the amount n said if we din agreed they will take legal action towards us..n we need settle all full payment.

may i know how to make the pymt for just max paid RM250??

---

Added on December 21, 2010, 3:15 pmi had mentioned in the appeal letter that as i know for the law under clause 13.2 hav max limit to unauthorised transaction, and ask the bank to take note of it for my appeal, but their replied is offer us 50% only.
So How?

hav to ask bank negara??

This post has been edited by ally80: Dec 21 2010, 03:15 PM

Tell them you are going to BNM.

Forward another complain letter to the bank and cc BNM.

I don't understand why bank ask for 20% or 50% settlement.

If it is proven and known not card holder fault, then bank should responsible for the fault for allowing the transaction go through, as stated by the BNM guideline and liabilities part.
If it is a card holder fault, (due to whatever reason, even the like it was actually CC holder swipe the card and doesn't admit it), then obvious bank would want full settlement.

20%, 50%?
50% bank fault?
50% CC holder fault?

Isn't the issue is like yes and no only.
50% yes?
50% no?

This post has been edited by cherroy: Dec 21 2010, 06:02 PM

i also no idea...dunno is it the protection really work?
and the bank like force u to agree wat they offer..if not we need paid all...
and they dint really follow up..have been delay n delay..really hate it...

Dont let the bank pressure you into paying the 50% of the disputed transaction.

Worse comes to worse,settle it in court.

If the bank lose,they have to bear the legal fees and the credit card transaction and all you need to pay is RM250

My suggestion is that your friend go to their branch and request to meet their branch manager and ask him/her to settle it. Sometimes their call centre do not know how to handle this type of situation. Better meet face to face.

How about cases that it's not stolen/lost card? You are still holding the credit card but your confidential credit card information has been stolen maybe thru unsecured website, etc. Then many of your credit card's transactions are made without your accord/knowledge. You will only know your creditcard has been misuse by others when you receive the following statement. What is the liability we have to bear? Anyone please help to enlighten. TQ

That is solely your responsibility. Cardmembers must always go to the official website. Do not click any link in the email.

However, if, let say TM Online was hacked to steal cc information while the user is making payment, I really have no idea with it.

This post has been edited by chemistry: Dec 22 2010, 01:36 PM

problem now is my friend busy with his work & cant really take a leave to argue with the bank or even through phone,
i try to call but the bank person insist need to speak to my friend directly...

hmmm

Emergency leave ?? My goodness , this is more important than the work.

How about your cc info was steal by waitress or info leakage from bank staff ? Any dispute ?

If there's a fraudulent transaction from the leaked info then you would be able to dispute it & hopefully get it waived. In most cases it does get waived.

what card is your friend using?

someone got my card info and went online shopping for like 2k, when i got statement i called and told them i did not spend those. after talking abit they say i don't have to pay for those and they will send me an adjusted statement. card is citibank.

hmmm..hav told him..need settle asap..but...
and he is not really clever in argue with the bank person..really pengsan

Mine was Maybank & they waived it at no cost to me. My friend too had his transaction waived & his card was a Citibank too.

Just now had call bank Negara..n they ask me to Call FMB..
and the conclusion is i hav to paid the 50% offer by bank,if not agreed the bank will charge me for full amount.
The FMB incharge person said CLAUSE 13.2 protection for unauthorised transaction for stolen credit card..just a guideline..mean no need follow one..

WTF

You may need to seek help from Member of Parliament, ADUN, or Michael Chong.

will they help...??

Great idea! lets blow it 'big'. Ally80, please DO NOT compromise and submit to the bank demand.

hmmm..i don't know where to get through them..really headache...

received a letter from hsbc to advise that the bank agreed to waive 50% of the disputed amount. As an alternative you can seek assistance from Financial Mediation Bureau or Consumer Claims Tribunal

FINANCIAL MEDIATION BUREAU
Tingkat 25, Blok Utama
Dataran Kewangan
Darul Takaful
No 4, Jalan Sultan Sulaiman
50000 Kuala Lumpur
Tel: 03-2272 2811

CONSUMER CLAIMS TRIBUNAL
16th Floor, Putra Place
100, Jalan Putra
50632 Kuala Lumpur
Tel: 03- 4042 4181
Fax: 03- 4042 4259

perhaps u need walk to BNM for assistance?

SO u paid the 50%??

if this happened to me..then for sure i make complaint directly to the bank..and speak to top management...they are more aware of his matter...as the CS less knowledge about this matter

sure will wish to talk to those person in-charge, but their tactic is delay n delay asking u wait n wait they will reply by post & no one
will really wan to talk to us..really bad services

@ally80
stop making lame excuses for your friend. Busy with work? then pay the damm fine.

If your friend is not smart enough to talk to the higher management then just pay the 50%. If your friend don't want to be agressive, then too bad just pay.

Also you need to speak in a confident tone as though you know the law and not those typical "I don't know what to do, very scared, please teach me" kind of tone.

This post has been edited by Drian: Dec 29 2010, 11:43 AM

Do your homework, know the law,... and be yourself,... speak clearly and confidently,... when they are avoiding you, it means they themselves don't know how to go about it,...

Record down all the times you tried to reach them, and whom you spoke with,...

The only thing you must set aside is the time to throw in for all these activities, no other ways to go about it....

do all of u have any sample of complaint letter??
need to write a complaint to FMB department..

ally80,
50% of 3k = 1.5k, and your friend needs to rely on you to do the running. Any special relationship between you two? Like mother and son, spouses? Coz Girlfriend Boyfriend wouldn't work here.

Usually everyone would want to speak DIRECTLY to that person that lost the card for verification and deals. Are you going to do on his behalf? Writing letter, talking on phone?

If both of you same gender, that will be great because I would suggest you to ACT on his behalf, by being HIM. Memorize his details like IC, Address, Maiden Name and so on for verification and take full authority and responsibility as though I am the one lost the card (even it was at his fault).

But then, the above is bullsh*t. Because you are a female nick, so i can safely presume you are a girl. And girl is easily getting bullied through the phone if you don't have the commanding voice (imagine how a police questions thief, lawyer talks with stern voice, or the time you quarrel with people to show you MEAN BUSINESS). So you better brush up your tone in the phone Drian and Hansel said. I agree with them.

And normally when dealing with civil servants, it's best you talk to MORE of them. Some tend to be lazy and give simple answer. Jot down their name. Avoid talking further to the one that isn't favorable in helping you out. You can sense it through the conversation.

Writing letter is time consuming so if you do that, be prepared to have some ready up answers to counter the bank. They usually will pressure you to pay up in quickest time, so reinforcement would never come in time. Tell them you have sent letters to so-and-so and is waiting for their reply I WILL TAKE ACTIONS ONLY AS ADVISED BY SO-AND-SO. Make sure you really do write and send the letter.

Going to court, look arguably favorable in your position if you have called the bank service center and lodged the police report ASAP. I not certain on the RM250 max liability, but if I do i will go for it if it exceed 5k of transaction. Because, saving yourself that 1.5k might land you a heavier price on the lawyer fee. You need to take leave to attend court, and another for the verdict. Time, petrol and energy spent there could be well invested in other more rewarding activities. There is also a small chance that you might lose and then you will have to bear the court fee, penalty fee and ALSO the lawyer fee again! Small, yet it is still a risk. You will never know what witness from BNM that the opposition lawyer will bring to the court, and that might be the same lazy worker that told you "..just a guideline..mean no need follow one.."
You will run amok in court that time.

Then you lose the case, you will be lucky if you are spared from being blamed or busybody.
Court fee + Lawyer fee + Bank interest and dividend = would be higher than your credit card 3k by then.

But if you win, congratz - you saved 1.150k (minus that rm250 max liability).

So I just want you to know that,
Have You Seriously Weighted Your Option?
The good, bad, the effort required, the risk of losing, its consequences...

Don't do it because everyone telling you that you SURELY can WIN IT,
or because YOU FEEL EMOTIONALLY EFFECTED by the issue.
RIGHTEOUS? Helping a person?

Is it worth it to do all this

Your choice.

I already made my conclusion if I am you, but I won't tell you.

This post has been edited by dreamKrusher: Jan 3 2011, 05:14 PM

yeah..this is what i am actually thinking of..
like 50:50 for doing the complaint or paying the charges..

bank have to pay 500k fine for breaching guidelinee

sad to hear that.. god bless you...

---

Added on February 22, 2012, 10:08 amunfortunately the same thing happen to me.. seek for help..

This post has been edited by keanw60: Feb 22 2012, 10:08 AM

hi,

sorry for bringing up the long ago post,
just wandering if this has been solve as i also face the same problem.

well said.. weight the option.
i got my salary withhold by my previous company (all employee kena). forget about sueing him already, and forget about labour department malaysia (they will just come see boss, smile go back).. just pray they will give out the salary later on.. and yea, my august and october salary just received last week. but still have november one havent get.. damn the boss.. will curse the boss everyday...

for this amount small claims court will do. no lawyer charges involved. but i think you can also seek assistance of BNM of FMB - they are very free and helpfull. I have used their help a few times against RHB in the past and when BNM calls them it usually works wonders. I would assume it's the same with HSBC. but then again your friend really (!!) should do this himself.

Yep....PJusa is right.....got problem wit ur c.c better go to BNM or FMB....