Help! ATM claim over 2 months

Westie983

You can do a ATM dispute, at any time, but if the OP is calling each week they must have already done the dispute, but Im confused as they would have been reimbursed while the investigation was being conducted, and the post office reclaims their money from Santander.

Not sure why its taking 10 weeks, something doesn't add up.

KJSmith

Westie983 wrote: »

..Im confused as they would have been reimbursed while the investigation was being conducted, and the post office reclaims their money from Santander.

Not sure why its taking 10 weeks, something doesn't add up.

The Lloyds Banking Group owned banks will refund the ATM transaction by the end of the next working day whilst they investigate.

Other banks do not operate like this and nor are they required to.

mistakehappens

Hello mate

I had a similar issue with Firstdirect from one of the ATM's. I tried to took £500 but nothing came out and my account was debited.

So, when i rang First Direct, they let me take another £500 out from a different ATM within few minutes and my account was not debited with this extra £500. They then investigated the issue themselves and rang me in few days to say all is well and confirmed nothing came out of ATM.

But then again , that was First Direct - known for customer service

PeacefulWaters

KJSmith wrote: »

The Lloyds Banking Group owned banks will refund the ATM transaction by the end of the next working day whilst they investigate.

Other banks do not operate like this and nor are they required to.

BCOBS 5.1.11 doesn't define "reasonable period" but 10 weeks is not, in any sense, reasonable in this case. The customer has told them that the transaction never completed yet it gas been. It is clearly unauthorised and must be refunded to the account unless the account provider can prove otherwise.

(1) Where a banking customer denies having authorised a payment, it is for the firm to prove that the payment was authorised.
(2) Where a payment from a banking customer's account was not authorised by the banking customer, a firm must, within a reasonable period, refund the amount of the unauthorised payment to the banking customer and, where applicable, restore the banking customer's account to the state it would have been in had the unauthorised payment not taken place.

https://www.handbook.fca.org.uk/handbook/BCOBS/5/1.html

KJSmith

PeacefulWaters wrote: »

BCOBS 5.1.11 doesn't define "reasonable period" but 10 weeks is not, in any sense, reasonable in this case. The customer has told them that the transaction never completed yet it gas been. It is clearly unauthorised and must be refunded to the account unless the account provider can prove otherwise.



https://www.handbook.fca.org.uk/handbook/BCOBS/5/1.html

This would be covered by the Payment Services Regulations not BCOBS.

This situation is not classed as an unauthorised payment. It is a dispute. An unauthorised payment is a transaction which you did not permit, for example where a fraudster uses your stolen card details online.

The transaction was authorised by the OP who had permission from his/her mum to use the card and PIN to make an ATM withdrawal.

Nonetheless, I do agree that 10 weeks is a long time for an ATM dispute. However, I don't believe the OP's mum is entitled to a refund as she negligently gave somebody else her card and PIN to use.

agrinnall

KJSmith wrote: »

However, I don't believe the OP's mum is entitled to a refund as she negligently gave somebody else her card and PIN to use.

While I'd agree that it is almost certainly against the T&Cs to do this, I am not so sure that a refund should be withheld because of it. I'd see the withdrawal failure and the invalid use of the PIN as two separate issues, and I'd like to hope that the FOS would too, with the result that they would require the refund to be given, but that the Post Office might close the account because of incorrect operation.

k3lvc

agrinnall wrote: »

While I'd agree that it is almost certainly against the T&Cs to do this, I am not so sure that a refund should be withheld because of it. I'd see the withdrawal failure and the invalid use of the PIN as two separate issues, and I'd like to hope that the FOS would too, with the result that they would require the refund to be given, but that the Post Office might close the account because of incorrect operation.

It does muddy the waters somewhat if there's any dispute over whether the money was dispensed or not

miche66

The account has been debited the £800. They have said that in the first instance the agent didn't take down the details of when this occured or how much. When she rang back three weeks later basically nothing further had been done nor had they been in touch to query the amount, time or location. They are now saying that they are still waiting to hear back from Santander. I appreciate that she shouldn't have given me her PIN and she won't be doing that again but surely you can't withhold money because of that? It's not their money!

PeacefulWaters

miche66 wrote: »

I appreciate that she shouldn't have given me her PIN and she won't be doing that again but surely you can't withhold money because of that? It's not their money!

Most ATM fraud is committed by family members of the cardholder.

miche66

Really? Crikey I had no idea but I can assure you this is not fraud! Anyway, surely it should register at the end of the day that there was £800 extra in the ATM?