Help, my check card was stolen and my account was cleaned out!

Factual Questions
1

I apparently left my Visa check card in an ATM Saturday night (that was the last time I used it) and on Sunday someone made over $800 with it. I did not know this until Monday morning when my wife checked the balance on the phone this morning to check and see if our rent check had gone through yet. It hadn’t, but the other charges did (ranging from $403 to fourteen $1 charges (probably a vending machine)).

I reported it stolen, I still have $230 left. The bad thing is there is nothing I can do to dispute those charges until Wednesday, due to the bank holiday. You need the name of the merchant to dispute a charge, and they won’t give out the name of the merchant until they merchant has been paid, the charges will be pending until Wednesday. I had to borrow $1000 from my Mom so my rent check won’t bounce (if only they had cashed it when I gave it to them on the 4th I wouldn’t have had as much to steal). It frustrates me I can’t do anything about these charges when they are still pending and haven’t technically been taken out of my account yet.

I don’t think I will have any problems disputing the charges, I don’t think I put my signature on the card so the thief wouldn’t have anything to forge it from, and if I DID, my signature has parts that always run out of the signature strip, they wouldn’t know how to do the top of my D or the bottom of my S. But isn’t there something I could do to help find out who was using my card? By Wednesday the cashiers will probably have forgotten the person who used it.

To top all of this off, my card has my picture on it. If anybody had actually bothered to look at the card at the time of the sale, they would know it was stolen.

2

I’m having a problem with this. After so many minutes of inaction at the ATM, the machine will spit out your card. It must then be reinserted and the PIN enterd again. This person has to have your PIN. So…
a. Your card requires no PIN
b. This person has your PIN
c. It may be someone you know

3

No, they don’t have to have a PIN. The check card can be used as a Visa card, all you need is a signature. None of the deductions were from an ATM or anything that required a PIN, I verified that with the bank. They were all merchant charges.

4

IIRC if you report a card stolen you are not responsible for charges made with that card…even if said charges were made BEFORE you reported the card stolen. There are limits but you have something like 24-48 hours to report the card missing. If someone made charges in that timeframe using it as a VISA and not for cash from an ATM you should be ok. You do not need to dispute anything with the vendors…it’s up to the bank to deal with the vendors. Chances are the bank will stick the vendor with the cost as they failed to verify that the person presenting the card was the legitimate owner of that card (especially with a picture on it).

Good luck!

5

I don’t think there’s anything you can do. My friend Lara lost her hangbag (including wallet) two years ago. The guy who picked it up had all of her credit cards, social security card, driver’s license, etc. He maxxed out her cards before she was able to stop them and then proceeded to use her information to apply for more credit cards. (Mostly from Sears and other department stores where they give you instant credit).

This guy ended up going to the DMV (in Boston) and got his photo and Lara’s name on a driver’s license.

There were a number of police officers and credit officers on her case and they knew the addresses the guy was using to get the mail, but they did nothing to stop him. One store got him on surveillance video, but still he wasn’t stopped or arrested.

Finally, Lara had to get a new social security number and driver’s license number and all new credit cards. The bummer is that this whole story is in her credit history and it’s a real pain for her to have to explain it everytime she applies for a new card or a loan or whatever. She also has to go through a long series of verifications whenever she has to call someone about the case.

I might be getting some of these details wrong, but I’ll see if she wants to post a little message here.

In the future, I would recommend frequenting those ATMs that read your card and spit it out right away - before you enter any language selection or pin number.

6

Yeah, the only reason I left the card was I went to a walk-up one at a bank. Normally I either use the one at the 7-11, which is one where you just swipe the card through it, or I use a drive-through one. The drive-through ones usually suck the card up and spit it out after the transaction, but it will always start beeping if you forget to grab it before I get the car in gear and take off. I was in a hurry that night so I just grabbed the cash and ran.

The friend who was with me remembered the guy who was waiting to use the ATM after us, said he looked Hispanic. It pisses me off that a cashier would let a hispanic buy $400 worth of merchandise with a card under a Jewish name with a picture of a blonde guy on it. That is just plain negligent.

7

ARGGGH!!!

I just went thru this myself…someone smashed in the car window & stole my stuff while we were out biking.

They put almost $500 of merchant charges (yup, Visa debit card) in the 1 1/2 hours it took to call the bank. (Cops couldn’t find us at the bike trail.)

Doesn’t matter if they forged your signature. The bank should have an ‘Affadavit of Forgery’, which you sign attesting that you did not make those charges. The bank gets stuck with the loss, or actually, their insurance company thru Visa (according to the lady who handled my case).

It may not just be the bank being difficult…my bank was extremely[1] helpful and it still took several days. They apparently don’t have the info needed until the charges clear through.

**However, in the meantime - the ATM should have videotape of whomever picked up your card! Check immediately - they only keep security tapes for a short time. **

General info:

If your other stuff (DL, SSN, etc.) gets stolen, they now have Fraud Alert programs at the 3 major credit bureaus. Any new account requested with my name/SSN will come back saying that they have to contact me at my address & phone number before opening the account. Any change to personal info has to be made in writing & confirmed at the original address/phone number before the credit bureaus will change it. Anybody gives these jerks an account on my info will be SOL, because I’ve already reported everything stolen and it’s now their job to verify the info. (Those ‘instant credit’ cards still require a credit check.)

As far as the DL, I had that number changed too. So hopefully if they try for a duplicate license under the old number it won’t work. Altho’ I’m not too sure - our DMV is pretty damn idiotic & would probably just give them a license with the new number.

Don’t count too much on sales clerks - these guys wrote umpteen checks with no problems. Didn’t even use my ID - signed the checks with a different name (one on the account & printed on the checks).

[In fact, they wrote 6 or 8 at Walmart - Walmart finally questioned them on one, called me at home, and filed a police report with a description of the guys & the car…BUT WON’T GIVE ME THE INFO TO GET A COPY!!! (They didn’t catch the guys, altho I don’t blame 'em for that - I don’t expect a $6/hr Wallyworld clerk to physically restrain who-knows-how-big-a-guy.) AND I still can’t write a check at Walmart. I’ve sent them the paperwork, spent hours on the phone…they can’t get their computer straightened out! (OK, I’ll stop bitching now. Thanks for listening. :))]

And, yeah, the cops don’t really care much either.
[1]A few things to mention to your bank re service:

My bank called early Monday morning (card was stolen Saturday morning) because I had unusual charges racked up on my card. They put a temporary stop on my card until they talked to me. (She hadn’t gotten the stolen-card report yet.) They’ve got some kind of parameter check running on all of their cards to watch for this kind of thing. If I’d left it somewhere & hadn’t realized it was gone, they would have caught it anyway. Your bank most likely does this too - it’s required by the companies that carry the insurance for credit/debit card fraud.

My bank handled everything via email - the debit card dept emailed me with charges each morning & I replied stating that they weren’t mine. She immediately credited my account. (Actually, one morning when I was in a meeting, she credited the charges anyway & just emailed me asking for confirmation that they weren’t my charges.)

My bank emailed the Affadavit, I completed & signed it (has to be notarized, but that’s available here at work) and faxed it back.

Just let them know the competition is better. May not change their policies, but might make 'em think. :slight_smile:

The debit card was actually the easiest part of my ordeal because I only had to deal with the bank. That was all handled within a few days. Because I stopped payment on all the checks that were stolen, I’m still dealing with the merchants one at a time to clear those up. :frowning:
Anyway, good luck with your bank & account! Let us know how everything works out.

8

Don’t want to be an alarmist, but isn’t this one of the reasons credit-card issuing companies ask you to sign the card upon receiving it? What prevents the person who stole your card from signing it himself/herself? Secondly, purchases made over the phone obviously don’t need any signature.

On the other hand, I’ll tell you about a situation with a happy ending. Mine. In 1999, I went to Maui and left my credit card on the counter at the car renting company. Noticed it was missing some thirty minutes later. Immediately notified by phone the credit-card issuing company (actually a bank) and, sure enough, a substantial purchase had already been debited. They, of course, canceled the card on the spot and were (cautiously)reassuring, even offering me to send a replacement card on an emergency basis (which I declined, having become a bit paranoid at that stage). They told me an investigation would take place and they would keep me informed. To make a long story short, they never got in touch with me, and I assume they absorbed the cost themselves.

You certainly did the right thing by notifying them as soon as you noticed the card was missing. I’m not saying all financial institutions react in the same way or have the same policy but if your credit record is otherwise good, I guess you can hope for a positive outcome. Hope everything turns out all-right. Best of luck to you.

9

I know they require you to put your signature on, but I usually don’t. I have never had a problem because of this, and it makes it hard to forge my signature if the card should be stolen.

10

best to put something in that place, like, check id. That way the thief can’t sign it.

Personally, I’ve always felt check cards to be a fairly dumb idea. Combine the insecurity of a credit card with direct access to your bank account…
Any reason why you don’t have seperate credit card and ATM cards?

11

I’ve heard (yeah, can’t be more specific at the moment) that debit cards are not like credit cards re: protection of fraudulent charges. That the $50 limit only applies to credit cards not debit cards, because with the former, it’s the credit card company that extends the credit based on the card and so suffers the “loss” (and takes on the resp. of recovery). With a debit card, it’s your loss, not theirs. Their liability is different. If they’ve used actual money in your account, it’s your money, and not a credit situation. They’re (Visa, whomever) merely providing a transaction service. The $50 limit protection does not apply.

There was a bit of an outcry about this not too long ago (and a 20/20 piece, IIRC), so perhaps the rules/practices have changed.

Question: How does not signing the card protect you from forgery? What’s to prevent the thief from just signing the card? Then the signatures (on the card and receipt) would match perfectly? What am I missing?

Regardless, sorry this happened to you and good luck!

12

Badtz Maru:

> But isn’t there something I could do to help find out who
> was using my card?

Absolutely not. If the police need your help, they’ll ask for it. You’re in much better shape than someone who been robbed of cash. The bank’s insurance will cover the cost of everything. You only have to put up with a little inconvenience. If you try some silly scheme to catch the thief yourself, you could get yourself in deep trouble.

13

True, they can put their own signature on if you leave it blank (my next one will have ‘Check ID’ on it), but most merchants aren’t going to compare signatures at point of sale. If the charges are disputed, they will compare the signature to the one you have on file at the bank. I could see where that could be a problem if the thief does a good imitation of your signature, especially if the negligent clerk is trying to duck out of trouble for not noticing that the picture didn’t match up with the person.

14

This only applies to credit cards. There are no mandated rules for liability with respect to debit cards, although most banks do put in provisions that limit your liability with respect to debit cards as well. Furthermore, with a debit card you’re out the money until the charges are reversed; with a credit card you can refuse to pay the bill. Another reason why debit cards are bad mojo.

It doesn’t matter whether the card is used as a Visa or as a cash card, for the purpose of determining limitation of liability. Many banks will refuse to even consider reversing the charges until a criminal report is made, so you might as well run down to the police station and file a criminal complaint now. At least they’re open on holidays.

Dump the debit card and get a bona fide credit card. Just make sure that it has a grace period, and always pay off the balance each billing period.

15

Batz,
I did a little research and found the National Consumers League website
http://www.natlconsumersleague.org/debitbro.htm#whatif

What if my debit card is lost or stolen?

Government regulations require debit card issuers to set a maximum liability of $50 if the debit card is reported lost or stolen within two days of discovery. Liability increases to $500 if the lost or stolen debit card is reported within 60 days. Neglect to notify the bank of the theft within 60 days after a bank statement is sent, and you could lose everything in your checking and overdraft accounts.

Check with your financial institution about your liability. Many issuers offer consumers better protection than what is required in government regulations. One type of check card offers consumers “zero liability” in cases of fraud, theft, or other unauthorized card usage if reported by the cardholder within two business days after discovery. After the two-day period, the cardholder could be liable for a maximum of $50. Some other cards limit consumers’ liability for fraudulent use of stolen debit cards to $50.

Good luck!
Zette

16

Batz,
This page has some great info, too.
http://www.bankrate.com/brm/green/atm/atm5a.asp

It appears that the main concern is that you report it within 2 days of the card being lost or stolen. (In which case you have the same protection as with a regular VISA or Mastercard). You run into trouble after the two days by the looks.

You said you reported it, so it sounds like you’ll be in for some headaches, but you won’t be liable for all the money that disappeared.

17

Whew, thanks for that info. I can manage $50.

It does look like (from these other stories) that the guy who took it probably isn’t going to suffer any consequences for his actions. That sucks.

18

Glad to be the bearer of good news, Batz. It has also prompted me to check my Credit Union’s protections to see if they go above and beyond the federal regulations.

Zette

19

In the almost 20 years that I’ve used credit & debit cards, I’ve been hassled for not signing them maybe three times. One of those had me sign the card & then sign the receipt. (She couldn’t accept the card if it wasn’t signed, but having it signed in front of her without any other identification was A-OK! I’ve seen a clerk do this to someone else once, as well.) Only two clerks have actually looked at the card, realized it was unsigned, and asked for ID.

So howinhell is providing a crook with my signature going to keep them from using my card? I’ve never understood this! Even my check duplicates block out the signature so that thieves can’t forge it! Not to mention, if clerks don’t even notice that the card’s not signed, they sureinhell won’t notice that the signatures don’t match!

Of course, they require your signature on your driver’s license, but that’s shrunk small enough to make it tough to copy. (YMMV)

I think with my new card I’ll try the “check ID” route & see how that goes.
What ticks me off is that they set up this Visa thing instead of using the damn PINs. When I first saw debit cards (CA ~late 80’s early 90’s), every place you went (groceries, gas stations, you name it) had a keypad to enter your PIN. Most of the places around here have the debit card setup, including the keypad, but the frigging things don’t work! You can only use it as a credit card. Grrrmmmph!

20

Badtz Maru,

Why do you think that the guy who stole your card isn’t going to suffer any consequences?