QUOTE(CanieAnne @ Nov 30 2011, 02:33 PM)
on 27 Sept, my purse was stolen from my handbag n I didnt know until then on the same night when OCBC bank called me to verify a RM6K transaction, I told them I didnt make that transaction n I asked them wat 2 do now. The guy said `We will investigate'. After that I report to police and discovered b4 tat aredi got 5 transactions (1 in Petronas, 3 in same Esso station).
On 4 Oct, i asked how is the investigation, they said i nvr fill up any dispute form, what is there to investigate. They purposely drag the time by telling `We will investigate'. N on that same day itself i faxed in the dispute form. After 5 wks, they reply thru post n say its my negligence n they will not investigate. After that, I wrote a complaint by email to them on why they keep on saying investigate but did not do anything n why allow 4 times petrol purchase in less than 3 hrs. They refused to reply my email n called me to tell me to complain to Financial Medication Bureau, meet them there. Also tell me the merchants dont have CCTV n no bank can stop any transaction after it went thru.
After 2 mths, now they said no CCTV. Then I called up the Petronas station which the thief swipe 1st, they said they hav CCTV n keep 2 weeks' record. From this, I understand OCBC is cheating n they just delaying everything until nothing can be traced.
Any1 can advise ? Does the RM250 max liability still applies to my case ? Can any1 who gone thru this type of experience b4 n advise how to go abt it thru proper channels ? Some frens told me these type of case will drag for years but just dont pay them anything.
I read and have a deep thought over this case and here's my opinion ...
1. Everyone who receives a credit card from any bank. The welcome booklet will state that please be conscious of where your credit card is. The moment you think your card is lost / missing, the bank need to be called immediately to allow for the card block to be executed. In this case, there's an evident of negligence because the writer did not realize purse was stolen. OK, mistakes sometimes happen but the writer need to ask the bank to block the card when the fraud was informed and not "What to do now ?". Also note ... in many of the welcome pack ... bank will mention to immediately notify or within 2 hours of the incident occurrence.
2. If i'm not mistaken the max RM250 liability applies when a credit card fraud cases. It may not be applicable in this case as there's signs of negligence.
3. The ruling was passed by the court (not FMB) after years of it being called to court. If you want to fight it out then you need to be prepared for a very long fight and it may not go your way if the bank manage to prove that there was a negligence on your part. Additional implications ... the RM6k may be recorded as unpaid debt in your CCRIS and if you attempt to obtain new loans of any form, new credit card or sometimes open a new bank account. This unpaid debt remark will appear in the system and banks may reject your application.
4. More importantly, OCBC sensing that this case will be challenged by the customer will response defensively towards you in the event the case goes to court. This is to prevent them from "tainting" the case under investigation. You need to build your own case in preparation as well. Seek someone who have legal training to advise you (how to build your case and gather evidence) and not just "friends" who will give you unreliable advise which may work against you in court. Examples of unreliable advice at this juncture "Some frens told me these type of case will drag for years but just dont pay them anything." - Did they advise of the repercussions / side effect of this decision to you ?
Above is a personal opinion thus others may give a different opinion.
Added on November 30, 2011, 3:42 pmQUOTE(CanieAnne @ Nov 30 2011, 02:49 PM)
No, they din mentioned that night when their guy called to verify this transaction. THe next day I called to get the statement or anything to show all the unauthorised transactions that happened coz police asked me to go to Klang HQ police station to make a further statement as credit card unauthorised transactions had taken place. This bank cant even provide anything even after I told them the reason I need it. They didnt even know how much amount for each of the petrol transactions and the RM6K was RM6224 in a pub. Total 6 transactions (1 in Petronas Tmn Medan, 3 times in same Esso old Klang road mile 9 n 2 times in this pub).
Likely the petrol transaction is still under float status. The actual amount will be known once the respective petrol station submit their claims.
You will definitely see the actual amount in your current statement.
This post has been edited by hye: Nov 30 2011, 03:53 PM