Arg Credit Card Stolen -- Responsible For Charges?

[syngirl]

My credit card was stolen the other day around 6pm -- I only realised the next afternoon when I went to use it. I'm almost 100% sure I left it in Farmacity since that is where I last used it. My kid was having a meltdown at the time, so very probable in my distraction I left it there, though when I went back after realising it was gone, they did not have it.

When we reported it over 5000 pesos had been charged.

Visa expects us to pay these charges -- they say that since they were charged before we reported it stolen we are responsible.

Is this true? Suddenly in one day, there are over 11 charges to the card at everywhere from Carrefour Belgrano, Compumundo, Coto, "DbOrien", Feriblanc, Garbarino, Lady Confort, Lauro, Musimundo, Rodo, Walmart (online, nice....).

To be clear, my name is extremely anglo -- Irish first name and Robertson is the last. I know a fair few locals have foreign last names, but come on. Every time I use my card they ask for ID, but somehow someone stole my card with a very english sounding name, used it in at least 11 stores (and probably more, since I'm sure more charges will come through) and no one ever looked at the card?

I know in other countries (USA / Canada for example) there's usually fraud protection and you're only responsible for an initial amount. What is the case in Argentina?

I can't believe that we actually are going to have to pay 1000s of pesos because they were charged before we reported it -- though I admit that sounds typical of here. But seriously, how can that be allowed? Someone could have stolen the card and walked into Garbarino, bought a big LED TV and maxed out the card in one go, and we'd be responsible?

 

[ddarm]

My legal opinion as a former bank lawyer. It is worth what you have paid.
You don't say which institution issued the card. Or from which country the card was issued.
According to US law, there is a cap (used to be $50) on the amount of unauthorized charges a cardholder is liable for - in the absence of culpable negligence. Misplacing the card would not constitute such conduct as to eliminate the protection of the law limiting liability for unauthorized use. To avoid payment you typically have to sign an affidavit from the card issuer identifying which charges are unauthorized, etc.You need to deal with the card issuer, not with Visa. Their fraud unit should be told of the situation ( if you have not already contacted them) .
I have no opinion on cards issued outside the US.

 

[citygirl]

Oh that's AWFUL - I am so sorry. I don't actually know the laws here but you may want to chat with the issuing authority (was it a bank issued cc?). They may be more likely to help you.

I think you definitely have a case since you have to show ID with credit card purchases and clearly the person that stole your card doesn't have a DNI that matches your name. So clearly someone dropped the ball.

 

[Iznogud]

Methinks the cards are insured and you must pay a nominal fee. Sounds like BS.
Beware, with the same stupid reasoning - you're not a victim but the designated idjit to blame - they might insist that you're still responsible until you have a formal police statement.Get one ASAP.

Also, some purchases/amounts require you give your ID card number/cuit-cuil/address. If the stores neglected to fill these requirements you have an even better case.

Advise you to contact ADELCO. Asociación del consumidor. Would be smart to bring them a detailed list of purchases and locations where the spree took place. Since the CC company wants to bill you, they should be willing and able to provide details of YOUR purchases.

Good luck.

 

[citygirl]

Good point - definitely go to the police station and make a statement. You'll definitely need that. And a detailed list of the last purchases including the ones you did make and the fradulent ones.

I still call BS. Call the issuing bank/wherever and make sure you report it stolen to them as well.

 

[Rich One]

what a bad esperience, good to know about the liability.
A related question if one makes a reservation at a hotel must give CC number, name, expiration, Visa etc, and 3 digit code..? a rotten clerk may pass the info to friends in other locations, and empty your card

 

[Iznogud]

Another thing, get a written email or statement from the scheisskopf who said this. We need names and positions.You might need it to use it againt the bank later or against the clerk if filling a complaint. Get the actual policy on paper, not the smoke up your six.

I smell a rat.

 

[jeff1234]

Syngirl, you shouldnt feel bad, you dont even have to lose your card to get robbed.
In Brazil a couple of years ago, a waiter took my Amex card info and setup a recurring $40/month charge from my card to his account. I called Amex every month and they cancelled the charge. But only for that month. They were unable to get their system to cancel a recurring charge in Brazil. I even closed my account and opened a new one but their software just kept right on charging me. This waiter probably thought he had found a way to have a lifetime income. Finally I wrote a letter to the president of Amex. Soon I got a call from an exec at Amex who researched the problem and ordered the software to be changed so that this couldn't happen again.
In the US, criminals are attaching a device to an atm to record customers account and password info. Then they make up their own version of your atm card and empty your account.
I suggest, in the future, keeping lowest credit limits possible on your accounts and have the banks turn on all possible possible alerts and controls. When you want to travel or make a large purchase, call the bank. At least if you get ripped off again, the amount wont be $5000.
Good luck!!

 

[germanb68]

Credit cards have insurance for such cases. You can also check your claim in consumer advocacy and the Ombudsman.
http://www.consumidor.gov.ar/
http://www.defensoria.org.ar/

 

[syngirl]

Well the charges are now up to 11,000 pesos as of today -- and the woman at Visa said there still may be more coming in. 1000 pesos at Lauro (are they leather?) another 1000 pesos at a jugueteria. Interesting since now this person has been able to spend beyond the 9000 peso limit of the card!

Visa says they are analysing whether or not we will have to pay. I have to make the denuncia at the police today. This is ridiculous, and frankly econmically if we have to pay and the charges keep clocking in at this rate we'll be at well over a month's salary before we're done with this.

I feel I have a good case. This is a card in my name from my husband's bank account. I use it for groceries and the pharmacy. The most I think Ive probably ever charged in one go is 200 pesos. I've had the card for about 6 months and the number of times that I've used it at shops outside of Las Canitas could probably be counted on one hand. This is hugely irregular spending -- if they went through statements they'd see the card is used essentially Carrefour, Disco, and Pharmacity in our neighbourhood.

Unfortunately what I've got going against me is that its Christmas -- and some asshole is certainly going to be having a much better Christmas than we will.

Furthermore how on earth is this person getting away without having ID (and appearance!!) to correspond with me.

At home spending like this would set off all sorts of alarms, here, nothing. If I tried using my Canadian credit card here at this rate I'd find it rejected pretty promptly (and it has a much more generous limit than the one here, but at home they are more attentive to spending patterns it seems).