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Card left in ATM

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My wife recently paid in a cheque at a Halifax cash point machine. With 2 small children bored and complaining she (somehow) managed to walk away from the ATM without her card. 10 minutes later she realised she didn't have her card when trying to pay in another shop, so returned to the bank to see if it had been handed in. It had, so she took it away with her.

Checking our statement online later, we realised that £200 cash had been taken from our bank account. When trying to use the card later, the pin also didn't work. Our guess is that she left the card in the ATM, the person behind in the queue took out £200, changed the pin, but then thought twice and handed in the card. We have reported it and are waiting to hear from Halifax Head Office.

I know this was our mistake, but does anyone know whether we will get our money back? The terms and conditions of the account state that we are only liable for the first £50 unless we were grossly negligent. Will the bank consider this gross negligence?

If anyone has had a similar experience or has insider knowledge, please let us know what the likely outcome will be. £200 is a lot to lose.
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Comments

  • Fedz
    Fedz Posts: 1,096 Forumite
    I'd report it to the police and get a crime number - the cashpoint does take pictures of you at the cashpoint so could see the person. As the person after you could have stupidly drawn out money from their account also so the transaction after yours could be the culprit person which could be clarified by the pictures from the cashpoint machine.

    Did the Halifax say anything about reporting to the police?
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  • Sooler
    Sooler Posts: 3,113 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    The Halifax may have automatically put a stop on the card when it was handed in which is why the PIN no longer works.
    I believe once a stop has been put on a card a new card and new PIN has to be issued.
  • kevin
    kevin Posts: 10 Forumite
    The Halifax did say they may report the matter to the police. But depending on how long it takes the Halifax to 'investigate it' they may have deleted any evidence such as CCTV/photos etc.

    My wife couldn't believe that someone had taken any money out as it was such an opportunist crime. I wasn't surprised - perhaps I have less faith in human nature than her!
  • Bossyboots
    Bossyboots Posts: 6,757 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    Unfortunately, I would expect the Halifax to class this as gross negligence but I agree with Fedz that there are things Halifax could do in an attempt to see who might have used the card in the time it was out of your wife's hands.

    I also agree with Sooler that Halifax should have stopped the card and PIN when it was handed in although I am surprised your wife wasn't told that when it was returned to her.

    It is of course entirely possible that the person who handed in the card was not actually the person who took the money.
  • Bossyboots
    Bossyboots Posts: 6,757 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    kevin wrote:
    The Halifax did say they may report the matter to the police. But depending on how long it takes the Halifax to 'investigate it' they may have deleted any evidence such as CCTV/photos etc.

    My wife couldn't believe that someone had taken any money out as it was such an opportunist crime. I wasn't surprised - perhaps I have less faith in human nature than her!


    You need to insist that Halifax preserve their CCTV and photos. A crime has been committed and they should be securing the evidence they may have. They must have procedures in place for this, I am sure they would be able to do it quickly if something happened in one of their branches that directly affected them or their staff.
  • calleyw
    calleyw Posts: 9,896 Forumite
    Part of the Furniture 1,000 Posts Name Dropper I've been Money Tipped!
    I would say personally they may well try for the gross negligence because she left the card in the machine and logged in to your bank account and walked away from it.

    You where lucky they did not take more and from any other accounts connected with that card.

    How is that any different to be being burgled but you forgot to lock all the doors and windows went you went out. The insurance company is not going to pay out and claim gross negligence. As you did not take the necessary steps to stop it from happening.

    I hope you do get the money back. But would not hold your breath and expect it take a long time.


    Yours

    Calley
    Hope for everything and expect nothing!!!

    Good enough is almost always good enough -Prof Barry Schwartz

    If it scares you, it might be a good thing to try -Seth Godin
  • Did the machine take her card because it was not taken by her?
    If so it would cancel the pin number.

    Did she not have the funds? - sometimes machines correct themselves over night - and money can be taken back in by the machine for security - ?
  • Not all ATMS have CCTV.
  • Mark7799
    Mark7799 Posts: 4,806 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    Not all ATMS have CCTV.

    Especially external ones. It may be worth checking with the local police/ Crime prevention team in case there is a town centre one within range of the machine.
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  • Lorian
    Lorian Posts: 6,238 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Photogenic
    Mark7799 wrote:
    Especially external ones. It may be worth checking with the local police/ Crime prevention team in case there is a town centre one within range of the machine.

    If the person took the card into the branch to hand it it then he's likely to be on the branch CCTV.
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