ATM Bank Card stolen after I used it and money withdrawn - can I get this reimbursed by the bank?

Question

After a night of drinking, I went to an ATM to withdraw some money. Because I was drunk, I didn't notice that someone was nearby looking at me enter my pin number. Soon after, I had the card stolen from me without me realising it so I didn't notice it was missing until about 6 hours later when I woke up. After searching for it and realising it was missing, I called the bank to cancel the card and was then told about all of the unauthorised transactions that took place after my last use of the card. They also told me that it would be difficult for me to get my money back from them because the person that stole it knew the pin number so there were no problems for them to use the card. They told me that it was a police matter BUT I could go to the bank and fill out a dispute form if I don't agree. After going to the police, they made it clear that their mission is to charge the person rather than retain the money. So I'm just wondering what the best way to approach this is to get my money back? Do I go to the bank and fill out this dispute form and if so, what do I say that will increase my chances of getting my money back? Or is there no chance since the person saw me key in my pin and therefore, the bank will put ME at fault??

Additional Details

PS - I'm located in Australia and I've also given the police the exact times/locations where the withdrawals took place.

Thanks for the response Sandi even though it was what I didn't want to hear. The amount was just under $2,000 so I really have to do something to try and get this back. I'm very pessimistic after that response so hopefully someone knows of other cases that have been positive and the bank has reimbursed the customer for the unauthorised transactions.

Answer 1

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yes, fill in a disputed transaction form for all transactions that you did not make. the bank will have to investigate each transaction and this could take some time.

Answer 2

Its going to be really hard to get your money back. Since the withdrawal was done with your ATM card and your PIN number, its almost impossible. Your PIN number is your personal identification when you make a withdrawal. Most of the time if the withdrawal is under $50.00 the bank can just pay it out. If its more than that, its going to be really hard to get it back. I would fill out the report at the bank and with the police. Good Luck!

Source(s):

Personal Banker

Answer 3

This same happened with me, just in way another. My card was posted at my previous address and pin number as well. Someone used it and withdrawn all the money. However bank was not ready to reimbursed the payment because I was told that I provided them with wrong address, until I signed the Statutory Declaration form on which I have to accept that I had not given my pin number to anyone and attached Police Report copy with it. Within 28 days, I got my money back with a new card. I don't know what happened with the actual case, but I don't think so they ever found out who did it.

Answer 4

If these fraudulent transactions occurred in the U.S., and your card was issued by a U.S. bank, then you are entitled to get your money back (assuming you are being truthful about the circumstances).

Regulation E (Electronic Funds Transfer Act) requires the bank to reimburse you for fraudulent transactions reported in writing to the bank within 60 days of the statement mailing date on which the fraudulent transactions appeared. Your liability is limited to $50 if you report the fraudulent transactions within 2 days and limited to $500 if reported within 60 days.

You must send the notice of fraudulent transactions to the address for billing or statement errors (by certified mail) given on your bank statement. Your bank also may require that you file a police report and/or sign a fraud affidavit.

Source(s):

http://en.wikipedia.org/wiki/Electronic_…