ATM Dispute

antrobus

dalesrider wrote: »

...ATM does not fall under PSD.

Both the FSA and the Payments Council say otherwise.

See:-
http://www.fsa.gov.uk/pubs/other/psd_approach.pdf
http://www.paymentscouncil.org.uk/files/payments_council_psrs_guidance_oct_09.pdf

dalesrider

opinions4u wrote: »

I'd interpret this as falling under "unauthorised debit". If the ATM has not dispensed cash, there's no way that the customer has authorised that the bank take the money out of the account..

Unauthorised transactions – if you think a transaction on your account was not authorised by you,

You put card in atm and enter PIN.
Ring bank to say you used ATM, but did not get cash...
At no point does anyone say I did not attempt/authorise the transaction.
True. You did not get the cash, but this has its own dispute process to resolve.
Its along the same lines as goods not recieved.

Therefor PSD does not apply.

Or at least thats the logic that is applied by the legal minds that have decided it does not fall under PSD. Which will have been cleared by FSA/FOS.

At one point there was quite a high % of Co-op that came back saying dispensed, which was way out of line of the norm.
Which made some pople think that the co dealing with their requests were either not looking at them, or whoever was filling/checking the atm was, shall we say not as honest as they should be. Cash taken back in goes into a seperate area.

That was till we had one customer on the phone that they had not got their cash. They were still stood at the atm.
While they were on the phone the cash came out.... When looking at the timings it was 8 mins after the time on the screen that they had requested the cash :eek:.

I think at that point someone then took it forward. Funny but after that their rejection rate is in line with all other atm owners.
So either it was a software error, or the co dealing got a major kick up the backside and started doing their job.

antrobus

dalesrider wrote: »

...

Therefor PSD does not apply.

Or at least thats the logic that is applied by the legal minds that have decided it does not fall under PSD. Which will have been cleared by FSA/FOS.

...

But Part 1 of Schedule 1 of the Payment Services Regulations 2009 specifically cites "services enabling cash withdrawals from a payment account and all of the operations required for operating a payment account" as covered by the regulations, and the FSA in the published document "The FSA’s role under the Payment Services Regulations 2009" specifically cites "ATM cash withdrawals and over the counter withdrawals" as being examples of such services.

dalesrider

antrobus wrote: »

But Part 1 of Schedule 1 of the Payment Services Regulations 2009 specifically cites "services enabling cash withdrawals from a payment account and all of the operations required for operating a payment account" as covered by the regulations, and the FSA in the published document "The FSA’s role under the Payment Services Regulations 2009" specifically cites "ATM cash withdrawals and over the counter withdrawals" as being examples of such services.

Schedule 1 Part 2 also lists a number of exclusions from its scope, notably:Cash only transactions (but any cash transaction involving movement to or

from a payment account will be caught);
Cheques and paper instruments (this removes cheque clearing, and UK giro

credit clearing from the scope of the Regulations);
Cash transportation (e.g. cash deliveries by commercial security companies);

Payment transactions related to securities asset servicing;

Payment transactions carried out between PSPs, or their agents or branches,

for their own account;Technical services including independent ATM deployers;

Instruments that can be used within a limited network of service providers or

a limited range of goods or services; and
Certain payment transactions through telecommunication, digital or IT

device.

When we were 1st told this we argued the self same point. So it was sent back again and has been confirmed that when you make the transaction yourself, it does not fall under PSD.
In effect it is non reciept of goods. Which again is not under PSD>

Simon1987

4 Mar 2013 Cashline Withdrawal - £100.00
11 Mar 2013 Inter-Branch Payment £100.00 -

Word!



Who do I talk to about the inconvenience I suffered?

melbell

Inconvience of you living close the breadline? Urm you?

opinions4u

Simon1987 wrote: »

4 Mar 2013 Cashline Withdrawal - £100.00
11 Mar 2013 Inter-Branch Payment £100.00 -

Word!



Who do I talk to about the inconvenience I suffered?

Don't hold your breath, whoever you ask!

dalesrider

Simon1987 wrote: »

4 Mar 2013 Cashline Withdrawal - £100.00
11 Mar 2013 Inter-Branch Payment £100.00 -

Word!



Who do I talk to about the inconvenience I suffered?

Care to explain what the issue is?????

agrinnall

I would have argued the same as dalesrider that the banks didn't have to refund immediately, but that was based on my time on ATM transactions which was very much pre-PSD. Having read the extract provided I can't see how that can be interpreted to mean bank ATM transactions are excluded - I would read it as meaning transactions performed at ATMs provided by organisations other than banks are excluded. If it does mean all ATMs then it is appallingly badly worded.

Simon1987

melbell wrote: »

Inconvience of you living close the breadline? Urm you?

Care to explain to me how I can not live close the breadline while on benefits?