Disallowance of payment transactions
What is an unauthorised transaction and an incorrectly executed transaction?
A payment transaction is ‘unauthorised’ when your consent to its execution is missing. On the other hand, a payment transaction is “not correctly executed” when the execution does not comply with the order or instructions given by you (e.g. when the amount of the transaction differs from the amount indicated by you).
Remember that when using a payment instrument, you have an obligation to
- use it in accordance with the provisions of the contract;
- immediately notify the Bank or the Nexi company, in the case of transactions carried out on National and International Circuits with Nexi cards, of the loss, theft, misappropriation or unauthorised use of the instrument, in accordance with the procedures laid down in the contract.
IMPORTANT
Guard your card, PIN and all access codes to the accessory services with care.
Only you know them: never communicate them to third parties, do not put them on the card and do not keep them with it.
Remember that your bank will never ask you to confirm notifications or share codes to authorise payments.
What is transaction disavowal?
This is the activity through which you can request (if you are a current account holder or an Internet banking or payment card holder) the reimbursement and/or rectification of a transaction that was not authorised or was not carried out in accordance with the instructions you provided.
You can become aware of the existence of an unauthorised or incorrectly executed transaction by reading your account statement, by receiving sms alerts, or by consulting the movement list, available through our internet banking services (via the Internet), through the appropriate function on the ATM, or by asking your branch for information.
What to do if you become aware of a transaction to be disallowed?
If you become aware of a payment transaction (or even more than one transaction) that you have not authorised or that has not been correctly executed and you wish to obtain a refund, you must fill in the appropriate form which you can find on the Bank’s website on the “Disallowance” page and which will be sent by email to the following address disconoscimenti@ubae.it
You may also contact your Branch as soon as you are aware of it to initiate the disallowance process.
The Bank shall inform the customer, by means of a specific communication, of the opening of the disallowance file and of any updates thereto, whether positive or negative. The Bank shall provide justification for the rejection within 10 (ten) business days of receipt of the request in writing.
In particular, in the event of a refusal to refund the disallowed/contested transaction, the Bank shall clearly explain to the customer the reasons underlying the refusal and shall represent to the customer the possibility of asserting his rights by lodging a formal complaint with the Bank, in the appropriate fora (such as the Banking and Financial Arbitrator, other ADRs, the ordinary judicial authority) or his right to file a complaint with the Bank of Italy.
In the case of transactions carried out on National and International Circuits with Nexi cards and in the case of theft/loss of the cards, contact Nexi immediately on the numbers dedicated to blocking cards and disallowing unauthorised transactions (service available 24 hours a day, 365 days a year).
If you have received an erroneous charge on your card or current account (for a debit card transaction) due to an error made by the seller during a purchase (for example, in the case of a charge relating to an order which was later cancelled or an amount higher than the amount due was debited), you may contact the seller directly to obtain a refund of the amount; in the event of difficulties, you may also contact Nexi or your branch.
What happens after cancelling a transaction?
In the case of an unauthorised or incorrectly executed payment transaction, you have the right to obtain a refund or rectification only if you notify the Payment Service Provider (PSP) or, in the respective cases, the Bank or Nexi.
The refund of the disallowed debit shall be:
- full: equal to the full amount of the unauthorised transaction;
- immediate: in any case at the latest by the end of the business day following the day on which PSP became aware of the unauthorised transaction
- non-disadvantageous: the value date of the crediting of the refund must not be later than the debit date of the amount.
The reimbursement of disallowed transactions is to be understood as subject to collection (SBF); this condition implies that the availability of the credited sums is not final, as it is subject to the positive conclusion of any pending investigative activity. The PSP, in fact, even at a time following the reimbursement, may prove that, in fact, the payment transaction had been correctly authorised or was the result of your negligent or wilful action; in that case, it is entitled to request and obtain the return of the amount reimbursed.
The PSP reserves the right, at a later date after the refund has been made, to request any additional documentation (e.g. a copy of the report of the incident to the Judicial Authorities, or evidence of the phishing messages received) in order to carry out further investigations necessary for the assessment of the case. The additional documentation must be sent by the customer within 15 calendar days.
You will receive the necessary communications to let you know how the file relating to your disallowance was concluded within 120 days from the date on which you sent (and the Bank received) the Disallowance.
PLEASE NOTE: an exception to the obligation to repay operates in the case of a reasoned suspicion that the unauthorised transaction derives from fraudulent conduct engaged in by the Customer; in such a case – as indicated by Directive 2015/2366/EU – PSD2 (art. 11, paragraph 2, of Legislative Decree no. 11/2010, as amended) – the Bank will make the appropriate report to the Bank of Italy.
Is there a maximum time limit within which to request disallowance?
The disallowance communication must be made, in any case, no later than 13 months from the date on which the transaction was debited.
Disallowance of SDDs/debits
In the case of disallowance of payment transactions ordered via SDDs/domicilations by or through the payee and already executed by the bank, you may request reimbursement – in addition to unauthorised or incorrectly executed transactions – if the following conditions are met
▪ the authorisation issued did not specify the amount of the payment transaction;
▪ the amount of the payment transaction exceeds the amount that you could reasonably have expected, taking into account any previous charges, the contract as well as any other relevant circumstances.
In this case, you must make your request for reimbursement within 8 weeks of the debit, providing – at the bank’s request – documents and any other relevant evidence to support the existence of the circumstances justifying the reimbursement. Within 10 business days after receipt of the request, the bank will either reimburse you or may decline the request, providing you with the relevant justification. The right to reimbursement is excluded if you have given the payment authorisation directly to the bank and the information on the future payment transaction has been provided by you or made available to you, either by the bank or by the payee, at least 4 weeks before the execution of the payment transaction.
Activities in the event that suspected fraud or a threat to the security of the payment cards is detected
In the event that the Bank or Nexi detects a suspected fraud or a threat relating to the use of your payment card, it will be temporarily blocked in order to limit the possible fraud. An operator of the bank or Nexi may only call you to tell you that you need to replace your card or to ask you to confirm the genuineness or otherwise of the transactions, or you may be sent a text message informing you that you need to contact your bank or Nexi through official channels.
On the other hand, you will never be asked for any other data (such as card codes or access credentials) or to perform any actions to secure your card.