Not upheld: unauthorised transactions / disputed ATM withdrawals complaint against Santander UK Plc

Decision detail

Summary

Mr C complained that Santander failed to refund cash withdrawals from ATMs while he was on holiday abroad between 22-28 November 2025, claiming the ATMs did not dispense cash and that he did not authorise most of the transactions. Santander declined to refund, confirming all disputed transactions used Mr C's genuine card and correct PIN with no cloning indicators. The ombudsman found that Mr C maintained possession of his card between disputed transactions, no one else knew his PIN, and the transaction pattern showed knowledge of the account only Mr C should possess. The ombudsman concluded on the balance of probabilities that Mr C authorised or allowed the card to be used, making Santander's decision to hold him liable reasonable, and did not uphold the complaint.

The Ombudsman's reasoning

The ombudsman applied the Payment Service Regulations 2017, which require Santander to prove on the balance of probabilities that Mr C authorised the transactions. The genuine card and correct PIN were used with no cloning indicators, and Mr C maintained possession of the card between disputed transactions. The pattern of transactions showed knowledge of the account that should only be known to Mr C. No plausible alternative explanation was provided for how a third party could have obtained, used, and returned the card without Mr C's knowledge. The account was never emptied and no balance checks were made, suggesting the user had legitimate knowledge of the account.

How this compares

Source

Read the original decision on the Financial Ombudsman Service website