When Bank Systems Fail: Debit cards, credit cards, ATMs, mobile and online banking: your rights and what to do when things go wrong
When Bank Systems Fail: Debit cards, credit cards, ATMs, mobile and online banking: your rights and what to do when things go wrong

(2nd edn, PP Publishing, 2014), written by Stephen Mason

Paal Øiestad’s credit card was stolen in 2008 in Rome, and over Nok 50,000 taken. The PIN was not written down, because it had been committed to memory. The bank claimed, without any evidence, that he was grossly negligent by keeping the PIN with the card. The Norwegian Complaints Board and the District Court agreed with the bank. Mr Øiestad was labelled a liar. While waiting for the appeal hearing, the bank wrote to him in June 2012, admitting it was wrong. The aim of this book is to help you deal with your bank if anything like this should happen to you.

Chapter 1 Introduction

Chapter 2 How the ATM system works

Chapter 3 How thieves steal from ATMs and other devices

Chapter 4 The weaknesses of internet banking systems

Chapter 5 The contract with the bank

Chapter 6 Negligence of the bank and the customer

Chapter 7 The legal basis for a claim

Chapter 8 Some problems with evidence

Chapter 9 Handling a dispute in the early stages

Chapter 10 What to do when disputes occur

Appendix 1 Actions you should consider taking immediately where you have a problem with an ATM and PIN or a Point of Sale (PoS) purchase

Appendix 2 Excerpts from the Home Office Counting Rules for fraud and forgery

Appendix 3 Suggested text of a letter to send to the bank before taking legal action

Appendix 4 Sample Particulars of Claim for an internet banking claim

Appendix 5 Sample of a Particulars of Claim for an ATM or Point of Sale (PoS) claim

Appendix 6 Some questions to ask a solicitor before instructing them

Appendix 7 Some questions to ask of the bank if the bank has not provided the information at the disclosure stage of legal proceedings

Appendix 8 Guidance issued to customers on reducing ATM and online banking crime

Appendix 9 Fraud figures

Appendix 10 ‘Debit cards, ATMs and negligence of the bank and customer’ [This article was first published in Butterworths Journal of International Banking and Financial Law, Volume 27, Number 3, March 2012, 163 – 173]

Appendix 11 ‘Electronic banking and how courts approach the evidence’ [This article was published in the Computer Law and Security Review, Volume 29 Issue 2 (April 2013), 144 – 251] Appendix 12 Further information