Credit card fraud and the data protection act

  puma22 16:09 29 Jul 2006
Locked

Hi,
I have been the victim of credt card fraud. Luckiy my CC company the Ntionwide picked this up straight away and have been briliant.
Today I recieved a letter from Comet thanking me for the purchase of a shiny new Sony PC ;-(
I contact their head office and asked where the goods had been delivered. They quoted the data protection act and said they could'nt tell me. Even though this is my account and it had been used fraudulently. I then asked them how they had my details to enable them to write to me as I hadn't given them these, surely a breach of the data protection act.
anyone know what actual is the case here under the act? Should they give me the address?
Cheers

  Forum Editor 16:17 29 Jul 2006

to buy a shiny new Sony PC he/she has committed an offence, but.......his/her personal data still come under the protection of the act, and the TV supplier must not pass the information to you, even though it was your card that 'bought' the TV.

Comet probably got your address from the fraudster, who posed as you when making the purchase. Comet don't have to tell you were the delivery went, because they now now you weren't the purchaser.

  puma22 16:27 29 Jul 2006

Cheers FE!
That clears it up. It doesnt seem fair though, especially in light of the strong hints made by comet that I may well be liable for this!

How do you think that the frauster managed to get all my details though? I am incredibly careful, shreadding all slips and statments and only using reputable on-line companies. I never use my CC on the 'phone. I am also still in posetion of the offending credit card.

  sean-278262 16:42 29 Jul 2006

Go to any garage and when you hand the card over it is extreemly easy to swipe it and get all the required information. They swipe it, then as they compare the signatures they can get the CVV to. Easy as pie. However where and when that happens is impossible to say.

  puma22 16:53 29 Jul 2006

creature of the nite

I understand (I think) how they can do this, but how did they end up with my address?

  zarobian 17:12 29 Jul 2006

Some months back my friend was going to purchase an item for me on his credit card as I never had one and gave my address for delivery.The on line store immediately refuse to accept the order on behalf of a third party. They made it clear that the goods could only be delivered to the card holder's address.
So how comet accepted the order and delivered the goods to another address!!!

Z

  ened 17:35 29 Jul 2006

Surely The police can obtain the information from Comet - especially as a crime has been committed?

  bremner 17:37 29 Jul 2006

Yes they can.

  Forum Editor 18:23 29 Jul 2006

No they can't, at least, not unless a crime has been reported. Bear in mind that if someone uses your card details fraudulently, and you have not done anything to compromise your card's security, then it's not you who has suffered a loss, it's the card company. You aren't the victim of the fraud, they are, and they are the ones who must make a crime report. If they don't, then it's the end of the matter, and the police will not be involved. If a crime report is made, then the police can ask Comet for details of the delivery address, so in that context bremner's advice is correct.

  puma22 18:38 29 Jul 2006

I went to the police and reported the crime. They were helpful and took all the details, but as FE says, they will not do anything unless the CC company requests it. According to the police, they don't normally bother for anything under £100,000!

As a matter of information, anecdotally, it appears that Comet are the fraudsters' favorite as security is slightly more lax with them.

  puma22 20:35 29 Jul 2006

How they got my address AND as zarobian says, how come Comet allowed the good to be delivered to an address that does not corespond to the CC address

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