Unauthorized Transactions

That's the very skin-deep kind of reasoning. Though the man later admitted that he had the card and the pin, yet it is still unauthorized as what the bank said so. That is absolutely correct though those who have used the said card for they had accessed to it and its pin for they are not actually the owner. Over-the-counter withdrawal may be made by an authorized person in behalf of the rightful owner. But in the use of an electronic card is of great difference.

 

I used to work in a bank and from what I understand of the policy, letting someone use your card with consent is allowed particularly for your close relatives. In that case of the daughter, she is family to the owner of the card so I don't see any problem. Now, if the father would complain about the money since he did not authorize his daughter then that's another thing. I know of some families who quarrel and it is not impossible for the daughter to steal money from her father. But then again, that's another thing. But regarding the bank, I don't think they will sanction their depositor for letting his family use his card.

 

My card came with a warning that if I knowingly gave my pin or card to a third party, I was liable for their actions with it, and any money taken out. If I wanted to share or limit the account I had to go through the bank and set up a seperate card for them against my account with different limits. If he had the same warning when he got the card, or it was in the T&Cs, then he is out of luck.

If he had any proof that the card had been given with the provision his daughter would not be given access to it, then he might be able to take action against his son in law and daughter to recover the funds, but that might cause problems in the family.

 

I would never go to the bank if I had handed over my card and PIN to someone close to me whether they used it themselves or gave it to someone else. In fact, I don't mind sharing my bank account with my wife and daughter one of them is joint account holder with me and the other one is nominee of all my property including bank accounts, house oe all movable and unmovable property.

 

If you have already permitted your son in law to use your card, it is definitely not a suprise that your daughter will also be using it.

Since they are a couple whoever withdraws/uses it is still the same thing. There is no case kn my opinion.

 

When you get a credit card or debit card, you will generally sign an agreement that it is only you who will be using the card. If you give your card to other person and let him/her use it, it is against the rule. If you want other people to use your card, you have an option to get a secondary card.

 

It's duty of the customer to report unauthorized transactions to the bank but if the card and PIN have been provided purposely/intentionally to your friends or relatives then bank has no responsibility whatsoever. If the man had given his card and PIN to his SIL then he can further authorize anyone to use it.

 

I personally feel one should not give the debit or credit to any other person with the pin. If they do for a short duration, the PIN should be changed after getting your card back to you. In the above case, I feel the security of the card has been compromised just because the card holder has provided the pin to others which is not correct. Since they now know who has taken the money, the card holder may file a case to recover or they may settle it between them. The bank cannot be expected to compensate the money to the customer.

 

I think this is a case of breaching the trust here. Although the man did admittedly give the card and its pin to his son-in-law, it might have been for a definite number of transactions which the son-in-law might have requested his father-in-law for. The son-in-law should not have given it to his wife, without asking for permission first, even though she was the man's daughter. Since the bank cannot do anything here, the daughter is still guilty of acting irresponsibly here and she is liable to pay back her father, even though it might not be legally binding. This is an issue of personal trust and accountability.

 

First thing is to communicate with the bank, before any kind of legal action may take place with the original owner of the debit card and all involved with the situation at the bank. Call the bank to set up an appointment to clear it all up, like the former banker says there should be no problem, but to make it crystal clear, so the bank understands best to communicate with the bank about it. Good luck with it!