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ATM Error - £300 not paid out

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  • opinions4u
    opinions4u Posts: 19,411 Forumite
    edited 23 March 2013 at 12:12PM
    grumbler wrote: »
    Normally discussion implies exchange of the information. In this case it's 1-way process as there is no anything to discuss.
    This is irrelevant and doesn't have to be mentioned when reporting the incident. The account holder could have had reasons for asking the OP to report it.
    While I certainly wouldn't be mentioning it when making a claim it is relevant.

    Banks tend not to like paying out ATM claims where it's a family member who's had it away with the money.

    When the account holder submits a claim here they are going to make a false declaration - that they have not provided the card and PIN to any third party.

    That won't look good should the truth eventually come out.

    cyberbird wrote: »
    The Card, ATM and account are all with Santander. I've just got back and the funds haven't been credited.

    My argument is that they don't need her to deal with the matter as they know the machine is faulty and can rectify the matter without breaching the data protection act.
    Their argument is that they want a declaration from the customer telling them what happened and confirming nobody else has had it away with £300. Reasonable, I'd say.
  • grumbler
    grumbler Posts: 58,629 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    I fully understand your reasoning, and agree that it possibly was not a good idea to report it like the OP did, but it's OOT.
    The truth is that the money was swallowed by the ATM.
    The bank staff didn't accuse the OP of anything. They just blatantly refused to accept the information because of some alleged rules.
  • matttye
    matttye Posts: 4,828 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker Debt-free and Proud!
    Goldiegirl wrote: »
    Whether it's fraud or false representation, it's not the truth.

    It you get someone to lies about who they are, it's not a good starting point for this problem.

    If they are not telling the truth about their identity, them why should anyone believe that they have not been paid out the £300

    I wasn't necessarily saying its a good idea, just that it's not fraud.
    What will your verse be?

    R.I.P Robin Williams.
  • cyberbird
    cyberbird Posts: 54 Forumite
    opinions4u wrote: »
    Banks tend not to like paying out ATM claims where it's a family member who's had it away with the money.

    When the account holder submits a claim here they are going to make a false declaration - that they have not provided the ard and PIN to any third party.

    That won't look good should the truth eventually come out.


    Their argument is that they want a declaration from the customer telling them what happened and confirming nobody else has had it away with £300. Reasonable, I'd say.

    No, you completely misunderstand. The bank staff had dealt with me once before anybody discussed whether the card was mine or not. They were very helpful and said that the money would most likely be refunded withing 10 minutes and if not, certainly by the following day.

    The second time I went in to say that it hadn't been refunded the same lady asked me to put the card she asked me for proof of id and to put the card into the reader, presumably so they could access account details. I told them that it was my mother-in-laws card and they said they couldn't help because of the data protection act. It is more a matter of them not understanding the data protection act.

    There have been no lies told and nobody has claimed that I have taken the money. They haven't even checked the machine, which they admit is faulty. Nobody is going to make a false claim to the bank.

    It is now going to be Monday before my wife will be able to deal with this. She is going to phone with her mother and explain the situation.
  • matttye
    matttye Posts: 4,828 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker Debt-free and Proud!
    cyberbird wrote: »
    No, you completely misunderstand. The bank staff had dealt with me once before anybody discussed whether the card was mine or not. They were very helpful and said that the money would most likely be refunded withing 10 minutes and if not, certainly by the following day.

    The second time I went in to say that it hadn't been refunded the same lady asked me to put the card she asked me for proof of id and to put the card into the reader, presumably so they could access account details. I told them that it was my mother-in-laws card and they said they couldn't help because of the data protection act. It is more a matter of them not understanding the data protection act.

    There have been no lies told and nobody has claimed that I have taken the money. They haven't even checked the machine, which they admit is faulty. Nobody is going to make a false claim to the bank.

    It is now going to be Monday before my wife will be able to deal with this. She is going to phone with her mother and explain the situation.

    Under the data protection act they can't tell you anything without her authority. In a lot of circumstances a written, signed authority will suffice but the bank have said this won't do. I'm not sure why, as they could compare the signature to the one on the back of the card.

    Like somebody else said you or your wife should look into getting power of attorney if this is likely to be a long time thing.
    What will your verse be?

    R.I.P Robin Williams.
  • opinions4u
    opinions4u Posts: 19,411 Forumite
    cyberbird wrote: »
    No, you completely misunderstand.
    No. I fully understand.

    My post depersonalised the situation to try and give you insight on the reasons for the procedures in place.
  • grumbler
    grumbler Posts: 58,629 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    matttye wrote: »
    Under the data protection act they can't tell you anything without her authority. In a lot of circumstances a written, signed authority will suffice but the bank have said this won't do. I'm not sure why, as they could compare the signature to the one on the back of the card.
    Oh no, not DPA again, please....
    In this case the bank didn't need to tell the OP anything about the account and it's holder.
  • cyberbird
    cyberbird Posts: 54 Forumite
    opinions4u wrote: »
    No. I fully understand.

    Then your post was most unhelpful. The information provided by other posters dealt with the issues. There is no need for the bank to breach the data protection act in dealing with the problem.

    Your points in regard to why the banks don't like paying out ATM claims when a family member has used the card and that the account holder was going to make a false claim are pure supposition.
  • opinions4u
    opinions4u Posts: 19,411 Forumite
    cyberbird wrote: »
    Then your post was most unhelpful.
    Well it wasn't meant to be.
    Your points in regard to why the banks don't like paying out ATM claims when a family member has used the card and that the account holder was going to make a false claim are pure supposition.
    No they're not. They are exactly the reason why banks have a requirement for the account holder to make the claim.

    You might not like it. But that's the way it is.
  • matttye
    matttye Posts: 4,828 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker Debt-free and Proud!
    grumbler wrote: »
    Oh no, not DPA again, please....
    In this case the bank didn't need to tell the OP anything about the account and it's holder.

    They would have to confirm/deny whether a £300 withdrawal was made.
    What will your verse be?

    R.I.P Robin Williams.
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