I live in Engand and als o have an account and credit card with a French bank. I have found undoubtedly fraudlent charges made to the card in France, the card was not physically present when thse charges were made and the PIN number has only ever been used in UK bank ATMs. The French bank is insisting that I am responsible for these charges, is this legally possible?
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Thanks, XXXXX XXXXX waiting, sorry for the delay - had a computer problem!If more details will help: apart from one e-mail in reply to my suspending the account, and continuing demands for payment, the French bank have never replied to my letters, including three by recorded delivery to the Director of the bank and the director at their head office.I don't think they have done anything to check the accounts or even looked at the records.
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It really depends how the charges were made. Once you have notified the bank that your card has been fraudulently used, your are not liable for any charge made to it. Before that, your liability is limited to 150 euros if you make a claim within 70 days of the fraudulent operations. To engage your liability above this amount the bank has to prove that you have been negligent: the pin code has been used or the security card on the back of the card has been used for online purchases, or you have not checked your account in the last 70 days... Which limits cases in which you can be held responsible. You need ask your bank details about the charges and quote articles L132-3 and L132-4 of Code Monétaire et Financier. According to law, the bank has to re-credit your account within 30 days of your request. If it can be proved that your card was counterfeited, your 150 euros liability is waived.T Perrin C41065.5351699884