Ms. M advised the bank that on a previous occasion, when she was unable to use her card she had given it to her daughter to withdraw funds. However, she maintained that these specific withdrawals were not authorized and requested a full refund.
The bank agreed to investigate the matter further and told the complainant that it would advise her of its findings. After several unsuccessful attempts to get her matter resolved, Ms M brought the matter to the attention of the Office of the Financial Services Ombudsman for assistance.
After a review of Ms. M’s case, the OFSO held discussions with the bank regarding the complainant. In response, the bank indicated that it could not be held responsible for Ms. M’s losses since there was a clear breach of the Card Agreement by the complainant. As a result, she would not receive a refund of the monies lost. In support of its position, the bank submitted a copy of card Agreement outlining the conditions of use of the card. It made specific reference to the provisions which stated that:
- The Cardholder shall not allow any other person to use his/her Card and PIN and will be responsible for the care and safe preservation of both Card and PIN, and,
- The Cardholder will be liable for all indebtedness resulting from the use of the Card by any other person using the Card with the express or implied consent of the Cardholder.
The Ombudsman’s office held the view that based on the information submitted by the bank, it was acting in accordance with the Agreement. Ms. M, by her own admission, disclosed her PIN to her daughter and in was in breach of the cardholder agreement. The OFSO upheld the position taken by the bank and wrote to Ms. M advising her accordingly. The Office was unable to pursue the matter further and her file was closed.
It is against the Card Agreement to allow anyone to use your card or to share your PIN. Doing so, means you give the person access to your monies and the bank will not honour your request for a refund of monies taken from your account.