Victim of fraud on my credit card

[des8]

IMO (which is worthless!) that clause is not clear and a clever lawyer would argue that further causes of action with reference to any claim only refers to the existing claim(s) and not to future unrelated claims.

Do you still have copy of or access to your original application? That should show where jurisdiction lies

[Wonderme]

The original application asked where I was living i.e. what country, then afterwards brought back this screen SEE ATTACHED SCREENGRAB.

I think they are saying that as the address in my profile was listed as the USA, I can therefore be held to the USA terms. I was not living at this address though, it was just listed as a USA address to put the standing order in the USA through using the card.

I live in the UK, as per the application I submitted when I joined.

I also believe this is why they are refusing me the DSAR.

[des8]

So as you live in the UK see what the appropriate agreement says about jurisdiction

[Wonderme]

"29.6 Which laws apply to this Agreement and where you may bring legal proceedings. This Agreement is governed by English law. Any dispute between you and us in connection with your TransferWise Account and/or this Agreement may be brought in the courts of England and Wales."

I am thinking that they cannot state I am now being governed by their USA terms and that agreement because of the USA address change? Not unless they explicitly tell me so? and in advance if such?

[des8]

they would have some difficulty disputing jurisdiction if you brought a case in a UK court.

Before initiating any court action you should ensure they have UK assets so when you win you can enforce any award

[Wonderme]

Thank you for your help.

[Wonderme]

des8

Would you mind looking at this webpage? It is the terms and conditions page you are taken to when you join up with this company:

https://transferwise.com/terms-and-conditions

I think they are saying that even though I joined as a UK customer with a UK address, I am somehow classes as a USA customer because the address was changed later to a USA address. What do you think?

[des8]

IMO they are talking bovine excrement and UK courts have jurisdiction

Take Sec 5 in conjunction with Sec 29

[Wonderme]

des8 many thanks I really appreciate your help.

[Wonderme]

des8 UPDATE: So according to the link (here:https://transferwise.com/terms-and-conditions) and the staff I spoke to today, they stated that this is a "borderless account" and I would be held to the agreement for whatever region I was living in at the time, whenever something occurred i.e. fraud. All a bit shady/confusing. They told me that an address change to another region i.e. the USA would also necessitate a request for proof of address (which didn't happen, indeed I don't even remember changing to a USA address). Well I was in China at the time, and as there are no agreements covering China, according to that webpage it would revert to UK terms.

They are basically saying that as my address was listed as the USA, I am held to that region's terms, per their 'multi-terms' situation, and even if I was only using the USA address for correspondence, and was in China at the time, I am classed as a USA citizen for purposes of pursuing this fraud refund.

I would have thought that, if I change address to the USA, I at least need to be made explicitly aware that I am being held to a different set of terms and conditions.

Just trying to cross all my T's. Am I reading too much into this? Is it the case that as I have told them I live in the UK and they have already acknowledged that the USA address is a PO Box address, that the UK terms should be applied and they are are just trying to avoid responsibility?


UPDATE:

This is from their emailed response:

"As I could read allegations of failure to comply with the legislative framework TransferWise has to abide by as a strictly regulated financial institution, before confirming any decision on the case - I would like to kindly point out that, at the time in which the transactions took place the address on your TransferWise account was a US one.

This means the regulatory framework under which your claim was assessed is the so-called Regulation E, rather than the Payment Services Directive (PSD) 2. Contrary to PSD2, Reg E allows up to 10 days for a card issuer to review a claim alleging fraudulent transactions performed with the cardholder's card.. This means we had up to today in order to review the claim and make a decision on it."

I just had a call in which a member of their staff stated that the country I was living in when the fraud occurred would dictate the 'regulatory framework.' Previously, as written above, they seemed to be saying that the address listed on my account was considered my home address and dictated the regulatory framework. Yet I was in living in China when the fraud happened, just never changed my address with them as, well, I didn't have any idea it was necessary to do so in order to protect my rights as a UK Citizen who opened a UK based account with them.

Surely if I am on holiday somewhere, then I don't have to change it to the holiday address for the purposes of retaining my UK rights with a company/financial institution? It just seems very confused and 'convenient'.


UPDATE 2:

They're basically stating that as that linked webpage states ' "Our agreements with you

1. Your location

The UK or a jurisdiction other than the ones listed below"

And so on, listing each different country, etc, that I agreed on joining to be held to said terms depending on what country I lived in, and they take the address listed as "personal address" in my account with them as the location I am living in at any given time.

Which does not explain A) why I was never asked for proof of address to verify a USA address change, indeed this would not have been possible as it is a PO Box address in the USA, and B) why there is no explicit explanation before opening an account with them, or when changing address to a different region, that I am switching to a different agreement.

Final thoughts?

[des8]

Depends what you are looking for i.e. how much?
If it is under £10,000 any court claim would be allocated to small claims track where if you lost only very limited costs will be awarded against you.
On the other hand if they instruct solicitors they will incur their costs and so may even settle out of court

Quite possibly I would be challenging them in court (depending on claim value) as their operation and T&Cs seem questionable