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I lost my Barclays fraud dispute, how to proceed?

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Anonymous
Not applicable

I lost my Barclays fraud dispute, how to proceed?

My "Barclaycard" (Apple branded Barclays credit card) was stolen and about $3k in charges were made before I contacted the company about two weeks later. I have SCRA (military) benefits which results in a 0% APR but I still very rarely use this card because the reward program is useless. They sent me a new card, removed the charges, and sent me a letter saying they "confirmed fraud" on the account. I thought this was the end of it.

 

About a month later, they reapplied over $2,000 in charges to my account. I received a call from someone who told me in no uncertain terms that the merchants provided them with information that matched my own, and that they had decided to settle the dispute against me. The best this lady from their "fraud investigations" department did is agree to send me a copy of the documents which I requested.

 

I immediately went to the local PD to file a police report and was advised to list Barclays as the victim of the crime and myself as the reporting party (who should cover it.) Afterwards, I faxed a letter to Barclaycard with the police report number and records dept. information and asked them sternly to remove the charges. I reviewed my cardholder agreement and Visa Zero Liability policy and am confused about how to fight this. If anyone has any information on how I should proceed I would greatly appreciate the help.

Message 1 of 10
9 REPLIES 9
Anonymous
Not applicable

Re: I lost my Barclays fraud dispute, how to proceed?

Unfortunately if Barclays refuses to accept that its fraud, your next step is to file a complaint with the CFPB

 

https://www.consumerfinance.gov/complaint/

 

Your liability for fraud should be no more than $50. 

 

There are exceptions to this though. For example, if someone you knew committed the fraud, you can be found responsible for the charges and will have to pursue a case against that person through other means. 

 

I would file the CFPB complaint as soon as possible since you’re going to want to make the minimum payments on this to keep it from destroying your credit as well.  

 

The FTC also needs to be involved in cases of fraud so file a complaint with them also. 

 

https://www.ftc.gov/news-events/media-resources/identity-theft-and-data-security/filing-complaint

Message 2 of 10
Anonymous
Not applicable

Re: I lost my Barclays fraud dispute, how to proceed?

Out of curiosity, what information do they state the merchants provided them that prove it was you that initiated the charges?
Message 3 of 10
Anonymous
Not applicable

Re: I lost my Barclays fraud dispute, how to proceed?

@saeren 

 

I will start a CPFB dispute now. Hopefully this can get them to re-evaluate their position!

Message 4 of 10
Anonymous
Not applicable

Re: I lost my Barclays fraud dispute, how to proceed?


@Anonymous wrote:

@saeren 

 

I will start a CPFB dispute now. Hopefully this can get them to re-evaluate their position!


I edited my post after doing some digging. You need to file with the FTC as well since this is a case of fraud. 

 

https://www.ftc.gov/news-events/media-resources/identity-theft-and-data-security/filing-complaint

Message 5 of 10
Anonymous
Not applicable

Re: I lost my Barclays fraud dispute, how to proceed?

@CreditSweeper

This just happened about two days ago, so I haven't had time to receive the information yet. I am very eager to see what they come back with that is compelling enough to support putting the charges back on my account!

Message 6 of 10
SBR249
Established Contributor

Re: I lost my Barclays fraud dispute, how to proceed?

I would consult a lawyer before making any sort of payment on this charge. I know there have been court cases where the cardholder lost a chargeback dispute on grounds that they have already paid for the charge and thus accepted that the transaction was satisfactorily concluded even though the merchant failed to deliver the goods. I don't know how this being a fraudulent charge would change it but I would hesitate to make any kind of payment which would imply that you accept responsibility for it without consulting someone knowledgeable about the laws pertaining to these situations. 

Message 7 of 10
Anonymous
Not applicable

Re: I lost my Barclays fraud dispute, how to proceed?


@SBR249 wrote:

I would consult a lawyer before making any sort of payment on this charge. I know there have been court cases where the cardholder lost a chargeback dispute on grounds that they have already paid for the charge and thus accepted that the transaction was satisfactorily concluded even though the merchant failed to deliver the goods. I don't know how this being a fraudulent charge would change it but I would hesitate to make any kind of payment which would imply that you accept responsibility for it without consulting someone knowledgeable about the laws pertaining to these situations. 


This is a good point but if you have filed the dispute and you have filed complaints with the CFPB and FTC, I can’t see them saying “hey, you should have let your credit get absolutely destroyed while you fought this instead of making the minimum payments.”

 

This is why you want to get the CFPB and FTC involved ASAP. 

 

Personally, with how much work it took for me to fix my credit (and still have damage on there til 2021), I would rather be found responsible for the $2000 than pay way more than $2000 of damages in higher interest rates on loans for the next 7 years. 

 

And of course Barclays gonna be Barclays and blacklist for life in the end. 

Message 8 of 10
UncleB
Credit Mentor

Re: I lost my Barclays fraud dispute, how to proceed?

Moving thread to 'General Credit' for additional exposure...

 

--UB

Message 9 of 10
Anonymous
Not applicable

Re: I lost my Barclays fraud dispute, how to proceed?

In addition to CFPB and FTC, I would also notify your state's consumer protection agency.
Message 10 of 10
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