Upheld: disputed transaction - failed cash withdrawal at ATM complaint against J.P. Morgan Europe Limited (trading as Chase)

Decision detail

Summary

Mr F complained that Chase debited £306.01 from his account for an ATM withdrawal abroad that never dispensed cash. He had rejected the ATM's unfavorable exchange rate and cancelled the transaction, but the amount was still deducted. Chase treated the dispute as a chargeback and rejected it based on limited evidence from the ATM owner. The ombudsman upheld the complaint, finding that Chase bore the burden of proving proper execution and failed to provide sufficient evidence, including key records like balancing and purge bin documentation. The ombudsman found Mr F's testimony credible and consistent with the available evidence, and directed Chase to refund the £306.01 plus 8% simple interest.

The Ombudsman's reasoning

The ombudsman found that Chase bore the burden of proving the withdrawal was correctly executed. Chase failed to provide sufficient evidence, including balancing records, purge bin records, and evidence of other claims about the machine. While limited technical data was provided, it was incomplete and did not satisfy the ombudsman that the transaction was executed correctly. Mr F's testimony was clear, plausible, and consistent, supported by the partial technical data and his subsequent actions. The ombudsman drew negative inferences from Chase's failure to provide required evidence.

How this compares

Source

Read the original decision on the Financial Ombudsman Service website