From: "Tim" 
Newsgroups: uk.finance uk.legal
Subject: Re: Credit Cards/Chip and Pin/ATM withdrawls
Date: Fri, 30 Dec 2005 13:13:55 +0000 (UTC)

> > "TD" wrote
> > > To whom must they show that you were negligent?
> >
> "Tim" wrote:
> > Possibilities:
> >  - The Financial Ombudsman who arbitrates the case?
> >  - The Court that they take you to, to try to get you to pay up?
>
 wrote
> This discussion seems to centre on credit cards, where
> you can withhold the disputed amount, but it could be a
> debit card, where the money is taken from your account,
> and you do not have the option of withholding payment.

You can still take it to the FOS, who would take into
consideration the bank's published Banking Code.  This says
that the bank needs to prove fraud / gross negligence.  So they'd
still need to prove it to the Ombudsman, even for debit cards...