can we challenge that in courts, my credit card was stolen as the hotel room was broken in. Bank refused to pay as i was late by three days ( it is only after 3 days i relaised this card was also lost) as i rarely uses the card. all other banks, the cards which i realised and reported refunded money after looking at evidence.
the case officer or worker at ombudsman sent me a shocker letter, the dispute is between me and hotel (where i stayed, as hotel failed to protect belongings in my view, it is the country police in gibraltar should investigate the case).the decision letter says: as per act blah, blah, blah office of ombudsman can refuse to accept a complaint on its own.
then another sentence, as hotels are not governed by ombudsman your dispute is not covered by jurisdiction of ombudsman as hotel XXXXplaza is not a registered finance house in ireland and it should be taken to relevant authority,
i thought for a minute if this is some kind of joke played by case worker, then started crying as i have more than €2500/- spent fraudulently on card, now i have no option to sue bank for €2500/- plus interest charged
question is can i go to court on such joking decision handed over to me that complaint cannot be accepted and case worker made a fatal mistake and increased my costs
can we challenge that in courts, my credit card was stolen as the hotel room was broken in. Bank refused to pay as i was late by three days ( it is only after 3 days i relaised this card was also lost) as i rarely uses the card. all other banks, the cards which i realised and reported refunded money after looking at evidence.
i thought for a minute if this is some kind of joke played by case worker, then started crying as i have more than €2500/- spent fraudulently on card, now i have no option to sue bank for €2500/- plus interest charged
Your complaint is against the bank that issued your card.
70. (1) The obligations of a payment service user entitled to use a payment instrument are—
(a) of using the payment instrument in accordance with the terms governing its issue and use, and
(b) of notifying the payment service provider that issued the instrument, or an entity specified by that payment service provider, without undue delay on becoming aware of the loss, theft or misappropriation of the payment instrument or its unauthorised use
Regulation 72 refers to notification of unauthorised transactions. I understand from what you say that the bank declined to reimburse you as you didn't report the card stolen within 3 days. So the relevant regulation is not Reg 72.
You need to look at Reg. 70
You need to look at the terms of use of your credit card and see what it says about reporting stolen cards.
If the terms of use state that stolen cards must be reported within 3 days, then you probably don't have much of a case.
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