under Rule 13.2 of the Bank Negara rules on credit card if it has been
fraudulently used. Please note this limit and ensure that your bank does
not overcharge you should your card have been used illegally.
CARDHOLDERS need not pay more than RM250 whenever their lost or stolen
credit cards are used by others. Yet, oftentimes, they end up paying much
more.
This is because Bank Negara has not informed cardholders that they do not
have to pay more than RM250 for fraudulent transactions carried out using
their lost or stolen cards, when they had not acted fraudulently and had
informed the banks about the lost or stolen cards as soon as possible.
This protection is given under Clause 13.2 of Bank Negara's Credit Card
Guideline ("The cardholder's maximum liability for unauthorised
transactions as a consequence of a lost or stolen credit card shall be
confined to a limit specified by the issuer of credit cards, which shall
not exceed RM250 provided the cardholder has not acted fraudulently or has
not failed to inform the issuer of credit cards as soon as reasonably
practicable after having found that his credit card is lost or stolen").
Banks know about Clause 13.2 but have chosen to ignore it. Instead they
pursue cardholders for the fraudulent transactions.
They will tell cardholders that a clause in the credit card contracts
states that all transactions carried out before the loss of the cards are
reported to the banks, are deemed to be carried out by the cardholders.
Many cardholders then pay up because they are unaware of the RM250 limited
liability.
Bank Negara should rule that:
*THE RM250 maximum liability on fraudulent transactions is highlighted to
cardholders in the card agreements as well as in the monthly card
statements.
*BANKS are not allowed to insert any clause in the card agreement which is
contrary to Clause 13.2.
*BANKS should refund all money in excess of the RM250 collected from
cardholders whose cases clearly come under Clause 13.2.
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