Banking and proof
The PIN is a very widely used form of authentication, especially to obtain access to a bank account through the use of an ATM, or to confirm a transaction with a credit card or debit card.With internet banking, the bank will rely on a mix of information to be assured that the customer was interatign with the bank over the internet, including a token issues to the customer 9which is slightly safer for the customer), but many customers are aware of money being withdrawn from their account without ther permission.
Invariably, a claim by the user that one or more transactions conducted on the account were not authorized by them will require the bank to prove the transaction was authorized by the account holder. The fact a withdrawal or other form of transaction took place may not be in issue, and in any event, the bank can adduce the evidence under the relevant business records or the Bankers’ Books exemptions.
See the UK Payments Administration Limited (previously known as APACS) web site and the Financial Ombudsman Service web site for additional information.
To understand how to report any loss, see the reporting page.
Where the bank refuses to refund money withdrawn from your account, consider the suggestions set out on the actions to consider page.
Job v Halifax PLC (Claim number: 7BQ00307)
The trial has held on 30 April 2009 in Nottingham County Court before His Honour Judge Inglis, and judgment delivered on 4 June 2009.
The full judgment with a commentary by Alistair Kelman has been published in the 2009 issue of the Digital Evidence and Electronic Signature Law Review and there are two articles on this topic: ‘Banking: the PIN and the ATM’, and ‘Chip & pin fallacies’.
Case law
For case law from across the world, see Electronic Signatures in Law and the Digital Evidence and Electronic Signature Law Review.
Exposing the real risks that customers face with ATM fraud: an exam question
I helped to write a question for Advanced GCE mathematics (MEI) Application of Advanced Mathematics (C4) Paper B: Comprehension 4754B (Monday 13 June 2011, morning).
