Not upheld: Fraud reimbursement (APP scams) complaint against Santander UK PLC

Decision detail

Summary

Mr W complained that Santander failed to refund four ATM cash withdrawals totalling £380 made using his debit card between 22-24 January 2026, which he claimed he did not authorize. Mr W suggested someone had taken his card while he was sleeping and used it to make the withdrawals. The ombudsman found it plausible the card could have been taken while Mr W slept, but concluded it was unlikely the perpetrator could have known his PIN, particularly as Mr W last used it two days before being with the suspected individuals. On the balance of probabilities, the ombudsman determined Mr W either made the transactions himself or shared his card and PIN with someone else, and therefore Santander was not unreasonable to hold him liable. The complaint was not upheld.

The Ombudsman's reasoning

The ombudsman applied the Payment Services Regulations 2017, which establish that the payer is liable for authorized payments and the firm is liable for unauthorized payments. While the ombudsman found it plausible that someone could have taken Mr W's card while he was sleeping, this did not explain how they could have known his secure PIN. The ombudsman noted that Mr W last used his PIN two days before being with the people he suspected, making it unlikely they observed him entering it. On the balance of probabilities, the ombudsman concluded Mr W either made the transactions himself or willingly shared his card and PIN with someone else. The ombudsman noted that even if Mr W was coerced or threatened into sharing this information, this would not typically relieve him of liability under the PSRs, as consent is given when the agreed procedure is completed by the payer or someone acting on their behalf.

How this compares

Source

Read the original decision on the Financial Ombudsman Service website