As a client of Scotiabank and having a banking services contract which includes the use of their ATMs using a debit card and the secret key assigned me entity and are in my custody, on 29/01/2009 at about 9 pm. I aperson to make a withdrawal at an ATM machine installed in the Bank's own agency located at Avenida Alfonso Ugarte Avenue corner Bolivia 1286-1292 District Brena - Lima, for which I inserted my debit card, then the system validated and the transaction started asking me my password, after entering my password and after a short time the cashier strangely faded showing me a warning: " CASHIER IN MAINTENANCE." Note that this occurred without the system tell me something wrong with the transaction and / or error in my password and not giving me any option to cancel the transaction and proceed to remove my card.
Es necesario señalar también que tomé todas las medidas de seguridad que se requiere para este tipo de actos, al llegar no había ninguna persona usando el cajero ni tampoco personas alrededor esperando usar el mismo, así como también no hubo persona alguna que haya entablado conversación o contacto conmigo durante el acontecimiento.
Llamada:
Contrariado por lo ocurrido y esperando que tal vez el cajero se encienda y de algún modo recupere mi tarjeta y evitar así que caiga en manos extrañas, tomé la precaución de no perder de vista the cashier and to that end I was very close to, after approx. 3-minute hearing that nothing was going to call the bank proceeded to communicate the fact and block my card to your customer No. 3116000.
The call was launched to answer the answering machine telling me that " be recorded, then was followed by a Bank representative Mr., who told him what had happened by emphasizing that the cashier had gone Bank with my card in and informing the ATM address where the incident occurred and request blocking my card. He proceeded to take my data and ask me to wait a minute, wait entering that lasted a few minutes after that time Mr. informed me that "Mr. Avendaño your card has a lock because it is preventive in the ATM machine, your card is already locked, "I responded:" Lord is how his words comforted me, my card has been in the ATM machine, "Mr representative and he replied:" Lord do not worry morning stop by any agency for delivery of your new card " and proceeded to dictate the lock code, which by the confusion of the moment I have not now in my possession. The call will have lasted approximately 4 to 5 minutes.
Visit the Bank to obtain my new debit card:
I went to the Bank on 02.05.2009 (for lack of time) to the agency Avenue Pablo Bermúdez 239 Jesús María - Lima, to carry out the procedure for obtaining my new debit card. Platform was attended by Miss Mary Allen who gave me my new debit card without communicating anything strange, I proceeded immediately to make a cash withdrawal of that agency, but I noticed that the balance was not what I had have in my account, then see the movement and take knowledge with shock and outrage that there were six (6) withdrawals did not recognize, which according to the voucher were dated 30/01/2009.
Then I returned to the bank and I informed the same Miss Maria Alvarado, who after consulting the Bank's systems did have explained that I recorded these withdrawals and that surely I had made. After claim and request additional information and explanation as well as blocking and had given me my new card, it took a while making the necessary consultations to finally say the following: "Mr. these withdrawals have been made from an ATM outside of the Cirrus network, I can not provide the exact address of the ATM and with respect to the date on your voucher says 30/01/2009 but according to the Bank's records are the day 29/01 / 2009 and, with respect to lock the system if you record a block so I proceeded to deliver a new card, I can not specify the time or additional data. "
Bank Responses:
In the first letter of the Bank dated 24/03/2009, I responded that the six (6) transactions made withdrawals in my savings account that I do not recognize soles were made using an ATM located in the Avenida Venezuela Breña No. 605 for a total of S /. 2,400.00 Suns of S /. 400.00 each withdrawal and charged to my account S /. 411.55 each, dated 29/01/2009 between 21:08:04 and 21:10:56 also that those transactions have been made no anomalies exist in the process by reading the magnetic stripe my debit card and enter my password, which are my responsibility and therefore can not help me.
The second letter dated 21/04/2009 Bank in response to my letter of reconsideration dated 31/03/2009, hereby ratify what has been said in the first letter and add that as additional records retreats described there is a blockage prevention my credit card the day at 21:11 29/01/2009. The following paragraphs describe the preventive embargo as a further security measure taken by the Bank to avoid a possible contingency for the misuse of the card, however this does not mean they know they indeed be the case.
Arguments My Claim:
Bank As a customer I am familiar with my responsibility for the use of debit card assigned by the entity and the secret key that is of my application confidential.
approx. 9pm, to appear in person at a Bank ATM located in agency Alfonso Ugarte Avenue and Bolivia, Breña district, did not commit any act that affects the least security that must be taken when performing these operations and I know fully in safeguarding my card and password secret and my own personal safety.
The only act of generosity on my card was just to put it in an ATM Scotiabank to initiate the transaction, following the procedures and training to the Bank's own broadcast to all clients to perform these operations.
The only event where I reveal my secret key was when the cashier asks me Scotiabank, is where the digit taking all appropriate security measures to what my 5 senses I may. This also implies that if the cashier asked me my secret key is that you have read the magnetic strip on my debit card I had installed on the machine and had identified as valid and therefore the transaction was initiated.
The Bank neither confirms nor denies this act gives me no explanation of what happened to my card to the cashier and the reasons why the initiated transaction was canceled, why the cashier off?, What happened next with my card? When the cashier turned to light? Was there then any maintenance work with Bank staff performing some maintenance to the cashier in the Bank, would have realized that, What did I do wrong?
The Bank does not explain what security measures that I took in the action that causes my responsibility for what happened and take the loss of my money.
Bank gives me no explanation of the calls you make at that time to your customer 3116000, neither confirms nor denies that act. I explain why I attended Mr. said his first words in my card Locking was preventive because it had been in the ATM machine, then do not worry me I should go to collect my new card without telling me at that moment if it were the case that something was wrong. Where is the recording of the call? Why was it that last saw Mr in the system, carried out some kind of lock for my card after my call just as you requested?.
The Bank does not give me explanations on the maximum daily limit of S /. 1,500.00, prepared by the same entity to make withdrawals from my savings account to pay payroll soles in any form and at any ATM in one day.
I explained then how well their systems record transactions 6 withdrawals made from my account by S /. 400.00 c / u for a total of S /. 2,400.00 plus commissions of an external ATM consecutive approx. 4 minutes according to the records on the same day 29/01/2009?
The Bank accepts no responsibility for this, should I also assume that responsibility as a customer? What happened to the validation of that maximum S / 1500.00 newspaper that the Bank has provided about my account?
The Bank does not explain how well the six (6) withdrawal transactions that appear to recognize a voucher dated 30/01/2009 that I issued from a bank teller, on 05/02/2009, and then I attended Ms. platform and then the Bank in its reply letter says its records show that these withdrawals have been made on 29/01/2009 between 21:08 and 21:10.
The Bank in his first letter makes no reference to any block my debit card, just simply says withdrawal transactions that do not recognize there have been made without abnormalities in the process, then the second letter advises that there is a blockage in his records preventive at 21:11 the same day and in lines further argues that the blockade is a preventive safety measure provided for them to try to prevent a possible contingency for misuse of the card. Then: Was there or not abnormalities in the process as explained in the first letter?
Finally in the light of all the facts described the Bank did not fully explain the reason why I founded I assume full responsibility for these recalls and does not sufficiently explain the reasons why they like entity must assume responsibility for what happened.
Finally, I request the review of my case and taking my money Bank full responsibility for these recalls do not recognize.
SCOTIABANK SCOTIABANK PERU JAIME AVENDAÑO
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