Brendan Burgess
Founder
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I moved this from this thread as it deserves a separate discussion
Bank refusing to refund fraudulent debit card transactions - thief had pin
I was not aware that the FSO was not hearing fraud cases.
From the FSO website
- Fraud - Section 57BZ (1)(d)
If a complaint is considered to involve fraudulent or potentially fraudulent activity or if an allegation of fraudulent activity is made by either the Complainant or the Financial Service Provider it will not be dealt with by this office. For cases involving fraud the Complainants are advised to refer the matter to an Garda Síochána and to seek redress through a Court of Law.
I checked the legislation
57BZ.—(1) Without limiting section 57BY, the Financial Services Ombudsman can decide not to investigate a complaint, or to discontinue an investigation of a complaint, on the ground that—
(d) there is or was available to the complainant an alternative and satisfactory means of redress in relation to the conduct complained of, or
I doubt very much that the legislators had misuse of a credit card in mind when framing Section BZ(1)(d). They were probably thinking of a case where a friend of the customer defrauded him and the customer can sue the friend.
The person in this case does not have access to redress. Sure the Gardaí may catch the criminal, but what chances does she have of getting her money back?
Brendan
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