Feel free to correct me if I'm wrong, but I believe that what you are referring to concerns consumer credit and the protections afforded to cardholders in such situations. Since the FairFx card is a pre-paid card, with no credit facility in your name, I believe that issues such as fraud, and also purchase protection claims, are not covered. FairFx are therefore within their right to investigate and need not give an immediate refund.
You're partly right, but it's not quite as straight-forward as you're suggesting. The protection afforded by the Consumer Credit Act does indeed apply only where credit is involved, but there doesn't need to be a "facility". Credit can be created by fraudulent activity and in such instances charge and debit cards (of which a pre-paid card is a variant) would be caught under the legislation. A simple example would be where the fraudulent use of your debit card causes an overdrawn position on your bank account. The CCA isn't the only piece of relevant legislation, though. The Consumer Protection (Distance Selling) Regulations and the Financial Service (Distance Marketing) Regulations] make the UK unique in providing protection against fraudulent use of debit cards.
Once you've reported your card lost or stolen, you're not liable for
any fraudulent activity. If your card
has not been used fraudulently up until that point, the issuer must refund
all subsequent transactions. If the card
has been used fraudulently, you're liable for the
first £50 only. Unsurprisingly, the banks aren't pro-active in sharing this information. Despite what they may tell you, you
are not liable if they deem you to have been grossly negligent in your care of a card and/or PIN. The legislation makes no such distinction and it takes precedence over any terms and conditions the card issuers may choose to impose. If you gave your card and PIN to a family member to buy some groceries and they went off on a spending spree, you
would be liable for the fraudulent use. If however, the family member stole your card and PIN from your purse, you would not. This is because the legislation differentiates between those authorised to be in possession of the card and those not.