Customer is disputing an ATM withdrawal. The branch that took the dispute had her fill out the wrong paperwork. We sent the correct ppwk to the customer with a return envelope and also left several messages with her. SHe never returned the correct paperwork. We gave her provisional credit and now that the 60 days is up, we'd like to take it back because she hasn't provided us with the correct paperwork. Can we?

Did you research the error to determine if it was valid?

The ATM owner is stating that their ATM was in balance that day and we can't get pictures as there is no camera at the atm.

As far as I'm aware, the 'paperwork' can only be requested for use of granting the provisional credit. I believe we have a responsibility to give the final credit based on either an oral or written complaint.

I believe you can can ask the other bank for a copy of the balancing statement for that day so that you can confirm that there reply about being in balance is accurate. You're atm processor might be able to help in that communication.

Perhaps someone else can add more value?

So if a customer does not provide us with the paperwork that we request for filing a dispute, under reg e we don't have to give them provisional credit but we do have to give them final credit based on their oral complaint??

I believe that's the way it works.

The ONLY thing in Reg E §205.11 that hinges on a written statement of a consumer's claim is provisional credit. If an oral claim identifies the customer, the account, the transaction(s) and the reasons the customer thinks there's an error, you've got to, within the time constraints imposed by §205.11, investigate the claim and finalize your decision; and, if the customer's claim is valid, adjust the customer's account subject to any limitations in §205.6.