[INSERT TODAY’S DATE]
[INSERT YOUR HOME ADDRESS]
[INSERT THE NAME OF YOUR BANK]
[INSERT THE ADDRESS OF BANK]
Dear Sir or Madam,
[Provide a reference: perhaps your card number]
I write to confirm that there [is a transaction] [are a number of transactions] that have occurred on my account that I did not make or authorize. The transaction(s) I dispute are:
[DATE] [DESCRIPTION] [AMOUNT] (put each transaction on a separate line if more than one)
Because I did not authorize the transaction(s) I have listed above, regulation 61 of the Payment Services Regulations 2009 requires you to refund the amount in dispute immediately, and to restore my account to the state it would have been in had the unauthorised payment transaction(s) not taken place.
Further, regulation 60 of the Payment Services Regulations states that it is for you to prove that the payment transaction was authenticated, accurately recorded, entered in your accounts, and not affected by a technical breakdown or some other deficiency. For this reason, if I have to take any further action, you will be required to provide sufficient evidence of each of these points.
I put you on notice that you have a duty to preserve all the items of relevant evidence both in support of and against the dispute. I will retain a copy of this letter to show a judge, should you put me in the position of taking legal action to recover the money, and if you fail to provide the evidence.
[If you still have your card] I have retained my [debit card] [credit card], and I will keep it so that it can be tested by an independent digital evidence specialist. This is important, because the card includes an Application Transaction Counter (ATC). The ATC is increased by one each time a transaction takes place. A test of the card will help to determine whether the ATC has been increased, and the test can enable a comparison of the transactions recorded on my statements to establish whether there are any discrepancies.
[If the card issuer has asked (or told) you to destroy the card, it will be necessary to consider including the following text, or something similar] You have requested me to destroy the card(s) you have issued to me. If I undertook this action, I would be destroying evidence. You are aware that the card contains valuable evidence in the Application Transaction Counter. For this reason it is improper of you to require me to destroy evidence.
[If the card issuer told you to destroy the card, and you followed the instructions of the bank, it will be necessary to consider including the following text, or something similar] You informed me to destroy my card. I have destroyed the card. However, I have now become aware that the card includes an Application Transaction Counter (ATC). The ATC is increased by one each time a transaction takes place. A test of the card would have helped to determine whether the ATC had been increased, and the test could have enabled a comparison of the transactions recorded on my statements to establish whether there are any discrepancies. As a direct result of you telling me to destroy my card, you have deliberately requested me to destroy evidence, knowing that legal proceedings may be taken by me to recover the money. If I have cause to take legal action, I will bring this matter to the attention of the court, and you will be required to explain to the court why you instructed me to destroy relevant evidence.
I am happy for you to contact me on [INSERT YOUR TELEPHONE NUMBER] to discuss the matter.
Yours faithfully,
[SIGN YOUR NAME] [TYPE YOUR NAME]
