I Disputed a debit card transaction and I've been told I've lost the dispute

worriedbudgeter · 15 October 2016 at 5:00PM

Hi everyone, first of all, I'm new here. I've got nowhere else to turn and I appreciate any advice you all may have for me.

So this started on holiday. I used a bank machine (ATM) that was not situated outside a bank. I requested a withdrawal of 300 Euros. I never received any of it. I felt physically sick, from absolute worry. I immediately got in touch with my bank back home (Bank Of Scotland) and told them the scenario, they said they were unable to help until the payment has passed the 'pending' stage, but they would lodge a reference number for a dispute for cash not received, which I received. I then phoned the bank in question, they stated that if there was an error, the system would automatically refund the debited amount after 2-3 days.

This was 4 days before I was due to fly home. Luckily I have great family who loaned me the money which I'd lost after a tearful phonecall back home. I agreed to pay them back using the money I would get from my next payday a week after I got home. So a day later, the payment has passed the 'pending' stage and is taken from my account, I immediately get on the phone and open the dispute with my bank. Everything is fine, after 40 minutes on the phone the dispute is lodged and I will hear back in 5 days.

5 Days passed and lo-and-behold there is the money! refunded by my bank! I paid my mother back using the money I got refunded, with a smile. Success...? No. Today I returned home after 10 days away with relatives, to a letter explaining that the money will be re-debited from my account in the next ten days. The bank abroad sent back a log, saying the machine balanced at the end of that day and my dispute was unsuccessful. I can't put into words how upset I am. I have three witnesses that the money never came from the ATM.
But to further the anger, my bank had already given me the money, even though it was not successful? is this normal? Anyways, the date they set (10 days from the letter) has passed and there's no movement in my bank account. I get paid this weekend and I'm worried I will have no money if the bank decide to take the money.

My questions are;
What rights do I have here? What can I do?
My bank hasn't taken the money back within the timeframe they specified, can this work in my favour? I'm sorry if this is coming across desperate, but I am! The money was not received in the first place! This is a whole weeks wage, I will have nothing left! I am at my wits end, I'm struggling to cope with the stress this is creating. I need to feed my kids and keep the electricity on, I won't have anything if they decide to take the money. Any advice is truly appreciated.

Thanks for reading.

GingerFurball_2 · 15 October 2016 at 6:50PM

Yes. Normally if you dispute transactions your bank will refund you because a dispute can sometimes take weeks to resolve. This is on the understanding that if the dispute is defended then the bank will take its refund back.

As the bank who operate the ATM have submitted evidence that you were given the cash, your bank is taking back money that you were never entitled to.

edit: that sounds harsher than it was meant to but that's essentially how it looks from the bank's point of view.

Having said that, foreign ATM disputes aren't covered by PSR so I'm a little surprised that you were provided with a refund.

jonesMUFCforever · 15 October 2016 at 10:00PM

If you have not yet done this escalate this by making a formal complaint.
You need to claim financial difficulty or they will take it as specified.
They may relent because if it goes before the ombudsman it will cost them £550 - so cheaper to settle with you.

worriedbudgeter · 16 October 2016 at 12:49AM

Do I make a formal complaint to my bank? I honestly can't believe this is happening, how could the machine have balanced? I made a withdrawal of 20 euros afterwards just incase it would spit out the money I never got the first time around and I got that fine.

Ben8282 · 16 October 2016 at 2:26AM

worriedbudgeter wrote: »

Do I make a formal complaint to my bank? I honestly can't believe this is happening, how could the machine have balanced? I made a withdrawal of 20 euros afterwards just incase it would spit out the money I never got the first time around and I got that fine.

You mean that after attempting to withdraw the Euro300, you actually put the card back into the same ATM to make a second withdrawal? This was surely a rather foolish thing to do. By doing this you have shown that the ATM was working correctly immediately after the failed withdrawal attempt.

Your OP is heavy on the feeling physically sick and tearful phone calls bit but rather lacking in actual detail as to what actually happened at the ATM. Obviously your card was returned. At what point did things start to go wrong? Did you get a receipt? Were you offered DCC during the transaction? Can you describe the actual transaction attempt in detail.

Another very important bit of information missing from your OP is the length of time which elapsed between your bank re-crediting your account and them sending the letter saying that they were going to re-debit the account. Please can you clarify this. You say you received the letter after a 10 day absence from home staying with relatives but you don't say how long after you returned from your foreign holiday this actually was.

So far your bank appears to have acted correctly. It is not their ATM. They can only go by the information received from the bank which operates the ATM. Presumably there are some checks or agreements in place to require the banks to tell the truth to each other in such cases (I hope).

I suggest you go back to your bank and tell them that the foreign bank has provided them with false information. Can you tell us the name of the bank in question? Tell your bank that you have three witnesses as to what happened. I assume all 3 of these individuals were all standing sufficiently close to have fully and correctly witnessed everything that occurred and there is no possibility that you could have got the money and misled the witnesses yourself. I also assume all 3 witnesses would be available to testify in court, are credible and of good character. Try to get the bank to re-open their investigation into this matter.

PeacefulWaters · 16 October 2016 at 9:38AM

Id recommend cutting out the emotion and sticking to facts.

Your bank has a complaints process which you should now use before escalating to the ombudsman.

"The machine made a strange clunking noise" is far better supporting information than "I cried and felt ill".

colsten · 16 October 2016 at 10:25AM

Ben8282 wrote: »

I assume all 3 of these individuals were all standing sufficiently close to have fully and correctly witnessed everything that occurred and there is no possibility that you could have got the money and misled the witnesses yourself. I also assume all 3 witnesses would be available to testify in court, are credible and of good character.

Hmh. Did one of the 3 grab the €300 whilst the other 2 momentarily distracted the OP?

dggar · 16 October 2016 at 10:52AM

I would have thought that 300 euro is the limit for a daily withdrawal from an overseas ATM.
I'm surprised that a further withdrawal of 20 euro was allowed.

PeacefulWaters · 16 October 2016 at 10:57AM

dggar wrote: »

I would have thought that 300 euro is the limit for a daily withdrawal from an overseas ATM.
I'm surprised that a further withdrawal of 20 euro was allowed.

My cards allow me more, so I reckon you're guessing.

GingerFurball_2 · 16 October 2016 at 10:59AM

dggar wrote: »

I would have thought that 300 euro is the limit for a daily withdrawal from an overseas ATM.
I'm surprised that a further withdrawal of 20 euro was allowed.

My ATM limit is £500 or local currency equivalent.

pinkdalek · 16 October 2016 at 11:09AM

dggar wrote: »

I would have thought that 300 euro is the limit for a daily withdrawal from an overseas ATM.
I'm surprised that a further withdrawal of 20 euro was allowed.

My ATM limit is £500 and the equivalent of this if using overseas. Maybe you should find a proper bank :rotfl: and BOS daily withdrawal limit on current a/c is £500

As for the OP, you need to register a complaint with your bank if you are still not happy (which quite clearly you are not) and take it further.

After all what harm can it do? If you know you have done nothing wrong and are genuine you know in your own mind you are doing nothing wrong.

State facts, but you need also to mention what happened as a consequence and the worry it caused you.

If you don't complain then scenarios like this will just be brushed under the carpet, the more complaints that are received will then impel banks and the authorities to do more to protect their customers.

I Disputed a debit card transaction and I've been told I've lost the dispute

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