Co-Worker on police video using my stolen credit card, Chase will not refund

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Jul 4, 2020
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Hello all, a co-worker stole my credit card, used it at an ATM for cash advances. Then he put the card back, so I did not know it was used. Saw the transactions on my account and reported them promptly. I never do cash advances at ATM's, too many fees. I was confused because the card was in my possession, so I went to the police to request to see the surveillance video of the ATM stall at the exact time Chase told me the transaction was made. I am living in a small tourist town, so the police installed many cameras and allow the public to view the footage if there is a concern. So I submitted that police video and my statement that the charges were not authorized. So it was stolen by a known thief basically, and I proved it wasn't me at the ATM, and went to the police. What else can I do? Already reported to Consumer Financial Protection Bureau (CFPB), no response. Thank you.
 
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Jul 4, 2020
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1. I wasn't really aware it had a PIN set on it as I never needed one. But, I assume he guessed it. I have a habit of using the same PIN that unlocks my phone as PIN numbers elsewhere. We worked together for a long time and we used my phone to play music. So a warning to myself and all, obviously that is not smart. Stupid on my part I suppose.

2. As with most familiar fraud cases, as I have been reading it is called. When a family member or friend steals your card, it is difficult for the victim to have the perpetrator prosecuted. I am feeling the same way. But I did get him fired from work.

3. I submitted the form that shows I went to the police station to view the video. But, no, I have yet to press charges. Really hoping not to have to do that, even though he deserves it. His family does not deserve to have to deal with that too. I know them well too, and it is an extremely small town. I am actually worried his friends may retaliate and break into my house or something. Unfortunately, that is what it is like where I live in Guatemala. (Of course that happens all over the world too, not just here, but it is common specifically in this town. Umf, this is difficult.

4. I looked back at the original denial letter, it stated the claim was denied because "You received benefit from the transaction." I do not know how that is true, he refuses to pay it back.
 
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Neil Maley

Staff Member
Forum Moderator
Dec 27, 2014
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29,488
New York
www.promalvacations.com
You need to press charges and you may have to sue him to get the money back. You might have unknowingly shared your pin but he had it and used it. That’s why the bank is not siding with you- you didn’t safeguard the pin.

Why isn’t he simply paying you back?
 
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Feb 12, 2019
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Is this a Guatemalan credit card? If it is I'm not sure anyone here would know exactly what to do as most would be giving advice based on US rules.

I'm thinking you not pressing charges might have something to do with it. Their thinking could be is if it was really fraud you would press charges.
 
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Jul 4, 2020
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No, I am from the United States, it's a Chase credit card.

Perhaps pressing charges is the only solution according to how fraud is determined in the States.

It is frustrating though, very, because I have read someone else's issues here with the Chase Fraud Department not taking calls, or returning calls, and are not responding to my repeated emails requesting more of an explanation on how to move forward. Or explain the complicated situation... to really know and feel like I have exhausted all other options before going the legal route, which is dangerous, costly, and time consuming.
 
Jul 4, 2020
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Neil, yes, I do see that in a way I did not protect my PIN, but why won't they just say that? Might help me move on.

I guess it is a personal issue that many have a hard time dealing with. Yeah, simply pay it back would be, the right thing to do. But there is NO work here due to the pandemic. He offered to come back and "work off" the money, but the workshop no longer trusts him. And more simply, he stole the money to buy a motorcycle, and he doesn't want to sell it. Jerk!
 

Neil Maley

Staff Member
Forum Moderator
Dec 27, 2014
26,133
29,488
New York
www.promalvacations.com
Neil, yes, I do see that in a way I did not protect my PIN, but why won't they just say that? Might help me move on.

I guess it is a personal issue that many have a hard time dealing with. Yeah, simply pay it back would be, the right thing to do. But there is NO work here due to the pandemic. He offered to come back and "work off" the money, but the workshop no longer trusts him. And more simply, he stole the money to buy a motorcycle, and he doesn't want to sell it. Jerk!
They will never tell you why they aren’t honoring a dispute if it’s because of a security issue. If someone was trying to play the system, it would give them ideas on what not to do.

Look at the rules for your credit card. I am willing to bet it tells you that you are solely responsible for use of your PIN. After all, if it was safeguarded he couldn’t have taken the money.

You should consult with an attorney to find out your options. I’m afraid it might be through the legal system. That’s why you should prosecute if he refuses to make reparation. If he admitted it, it’s really not the banks problem.
 
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weihlac

Verified Member
Jun 30, 2017
3,468
5,637
Maui Hawaii
Neil, yes, I do see that in a way I did not protect my PIN, but why won't they just say that? Might help me move on.

I guess it is a personal issue that many have a hard time dealing with. Yeah, simply pay it back would be, the right thing to do. But there is NO work here due to the pandemic. He offered to come back and "work off" the money, but the workshop no longer trusts him. And more simply, he stole the money to buy a motorcycle, and he doesn't want to sell it. Jerk!
Chase may well be looking at your case as the same as if cash was stolen from your wallet. You allowed access to your wallet to someone who had your PIN, essentially leaving a cash equivalent accessible. Chase may reasonably view this as not something they will be responsible for. Your bank would not refund you for cash stolen from your wallet. Your relief lies with the police and the thief.
 
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BittyBoo

Jul 30, 2018
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I put myself through college by working as a bill collector for a major bank a few decades back. One of my duties was to investigate fraudulent transactions. In scenarios where the unauthorized usage was committed by a person familiar to the card member (family members, friends, etc.) the only way to be relieved of the responsibility for the unauthorized transaction was to press charges on the perpetrator. I suspect that this is at least an element in the bank's decision to deny your claim.
 
Aug 29, 2018
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Look at the rules for your credit card. I am willing to bet it tells you that you are solely responsible for use of your PIN. After all, if it was safeguarded he couldn’t have taken the money.

One PIN trick is, if possible, set your PIN to something other than four digits. When I can, I set a long PIN.
 
Jul 4, 2020
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Thank you all for your fast and informative responses. And other threads have been helpful too. Not a great situation, but many lessons learned.
 
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