Victim of fraud on my credit card

[Wonderme]

Hi everyone.

I got myself one of those currency cards a few years ago. Sent to my UK address, all proof for verification was from the UK (passport, bank statement) and I declared I was a UK citizen on the application. It was a card company that operates in both the UK and the USA. Useful for me as I needed to set up a standing order in the USA.

I recently found fraud on the card, and reported it. According to the (European) terms of the cards, this should have been refunded immediately.

I pointed this out. Was ignored for ten days.

Today, an email was sent to me stating they had ten days as per the USA terms of the card to respond, and they considered this the correct way to go about things as there is a USA address listed on my profile.

Very confusing, I did not know this USA address was listed on the account. Also odd is that it is a USA address that I don't use, and is the address for the company I make a standing order payment to each month.

To further complicate matters they have turned down my claim, because almost 5 years ago I was in dispute with them about a separate product they offer (not a card account), again as a UK based customer. We agreed to settle for a very small amount of money, and they had me sign something stating that I agree to not pursue any claims against them. See photo attached.

I don't even remember signing this. Can anyone tell me whether they are able to do this? To apply this agreement to claims that were not even in existence at the time? I certainly would not have accepted this if i thought so.

And are there any UK laws that overrule their right to ignore my rights after this fraud has occurred, if the above is the case, and finally, I am certain as a UK customer, who accepted their European Terms and Conditions when signing up with them, that I am bound by those terms, as are they. Does anyone have any thoughts on this facet of the matter?

[Wonderme]

Anyone have any advice on this?

[Wonderme]

Damn.

[pt2537]

Sorry didnt see this thread.

Reading now, will see if i can offer anything

[Wonderme]

Anyone else?

[Wonderme]

Ah well.

[des8]

That waiver you signed seems pretty conclusive.

It's intention is clear and courts are slow to interfere with agreements entered into freely.

Refer to Bank of credit & Commerce International SA v Ali [2001] for freedom of contract and contra proferentem principles

[Wonderme]

Also, do I not have set rights when it comes to credit card fraud?

And how can this be applied to claims that did not exist at the time?

[Wonderme]

DELETED

[Wonderme]

I really cannot see how "I agree to not pursue any further causes of action with respect to any claim" could refer to a claim not in existence at that time.

[des8]

It depends on how one construes the meaning of your waiver.
I linked you to one case, and if you read that you will see that the courts have agonised over how enforceable is a waiver of the right to sue for unknown claims.
It really comes down to how much is at stake and how much you can risk on legal fees as to whether or not you want to pursue a possible claim.

[Wonderme]

des8 thank you for responding. I am really in a tizzy here.

So I initially read your first response as saying I had no rights of protection, and not being particularly legal savvy I had some difficulty reading the linked article you sent me.

Were you in fact saying that this company cannot waive my rights in relation to an unknown claim? Or that a Court would have a hard time accepting such an assertion by them?

Here's another one for you too. I asked for a DSAR - and they responded "In regards to your DSAR, it has been received and considered, and we are refusing to comply with your request as it has been deemed manifestly unfounded.
" Then told me to complain to the ICO if not happy with that response.

[Wonderme]

For anyone who might be reading this in the future needing similar help

- https://en.wikipedia.org/wiki/Bank_o...ional_SA_v_Ali

It would seem that I am not bound by the waiver and so I am able to bring a further claim against this company.

[des8]

I wasn't actually coming down on either side, but was pointing you to a case during which the Law Lords referred to other cases.

Lord Bingham in particular said " But a long and in my view salutary line of authority shows that, in the absence of clear language, the court will be very slow to infer that a party intended to surrender rights and claims of which he was unaware and could not have been aware.

Note the words "in the absence of clear language",
It would be for a court to decide if your waiver was clear if you should make a claim.
I'm not going to second guess how the court would react to their defence .

Regarding DSAR complaint to ICO may be in order if your request was not manifestly unfounded: https://ico.org.uk/for-organisations...sive-requests/

[Wonderme]

des8 thank you, can I ask for your personal read of the waiver?

And one last question. I opened the account in the UK, used a UK passport and bank statements for verification, had a UK address listed, and I am a UK citizen. The address on my account profile was for some reason marked as a USA address. I think that the acting law and regulations that would apply to me would be UK based. Not USA. The USA address was there for correspondence reasons, and use of the card in the USA, etc. Changed afterwards, even though I do not remember this. I think that the company are using the USA address and so USA rules and laws to try to avoid my holding them responsible in the UK Courts. For example, they have told me today that I have no Financial Ombudsman rights.

What do you think?