Current Accounts, Open24, Savings and ... - Permanent TSB

(b) Unauthorised PaymentsNotwithstanding Condition 22(a) above, we will, inaccordance with our obligations under the PaymentsServices Directive and subject as hereaftermentioned, refund to you the amount of any paymentor withdrawal debited to your Account which was notauthorised by you and, where necessary, restore yourAccount to the state it would have been in had thetransaction not taken place. However:(i)(ii)this Condition 22(b) only applies where you area Consumer or, subject to Condition 22(e) below,a Micro Enterprise and where the payer’s bankand the payee’s bank are both located in theEEA and the payment in question was in euro orthe currency of a member state of the EEAoutside the euro area;If the unauthorised payment resulted from theloss or theft of any Card, PIN, Device, SecurityFeature or failure to follow any securityprocedures and/or the Operating Instructions oryour failure to keep the Card, PIN, Devices orSecurity Features safe and secure, you will beliable for the first €75 of loss suffered by you;(iii) We will have no liability under this Condition 22(b) for any loss suffered by you where you:(1) have acted fraudulently;(2) have intentionally, or because of your lack ofreasonable care, not used or have failed tokeep safe and secure any Card, PIN, Device,Security Feature or have failed to follow anysecurity procedure and/or the OperatingInstructions; and/or(3) have intentionally, or because of your lack ofreasonable care, failed to notify us withoutundue delay of the loss, theft ormisappropriation of any Card, PIN, Device,Security Feature or breach of any securityprocedure and/or the Operating Instructions.(iv) If there is undue delay on your part in notifyingus of the unauthorised payment, we will not beliable to make good any loss you suffer. We willnormally consider that there has been unduedelay in this regard if you fail to notify us within30 days after receipt by you of a statement foryour Account showing the relevant debit to yourAccount.(v) In any event a failure to notify us within 13months of the payment being debited to yourAccount will always amount to undue delay.(c) Incorrectly executed and non executed paymentsPAGE 13Notwithstanding Condition 22(a) above, we will, inaccordance with our obligations under the PSD andsubject to the following requirements, be liable to youfor the correct execution of any instruction to make apayment from your Account properly given by you tous in accordance with the requirements of theseConditions. However, this Condition 22(c) only(i)(ii)applies where:you are a Consumer or, subject to Condition22(e) below, a Micro Enterprise, and where thepayer’s bank and the payee’s bank are bothlocated in the EEA and the payment in questionwas or was to have been in euro or the currencyof a member state of the EEA outside the euroarea;you provided us with the correct UniqueIdentifiers for the payment in question;(iii) there is no undue delay on your part in notifyingus of the incorrect or non executed payment. Wewill normally consider that there has been unduedelay in this regard if you fail to notify us within30 days of the relevant account statement. Inany event a failure to notify us within 13 monthsof the incorrect payment will always amount toundue delay; and(iv) none of the events detailed in Condition 24(Force Majeure) prevented us from making thepayment.We shall have no liability to you under this Condition22(c) where we can prove to you and, where relevant,the payee’s bank, that the payment was received bythe payee’s bank within the applicable timeframe.Where we are liable under this Condition 22(c), wewill refund to you, without undue delay, the amount ofthe non-executed or incorrectly executed paymentand, where applicable, restore your Account to theposition it would have been in had the non-executedor incorrectly executed payment not taken place.Regardless of the issue of liability, where you notifyus of an incorrectly executed payment, we will makeimmediate efforts to trace the whereabouts of thedefective payment and inform you of the results ofsuch efforts. If as a result of our investigation weestablish that the payment was correctly executed,we reserve the right to debit your Account with ourcharges and any fees or charges levied or soughtfrom us by any other banks involved in investigatingthe payment.For the avoidance of doubt, but subject to theforegoing, where we are providing you with servicesto which the PSD applies, we will be liable to you forany charges for which we are responsible and anyinterest levied by us to which you are subject as aresult of our non-execution or defective execution ofa payment.(d) Incorrectly executed and non executed Direct DebitsNotwithstanding Condition 22(a) above, inaccordance with our obligations under the PSD andsubject to the following requirements, where, actingas the payee’s bank, we fail to correctly transmit thepayment request under a Direct Debit to the payer’sbank, we will immediately retransmit the request forpayment.