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SCHEDULE 3Switching service

Financial loss for consumers

7.—(1) Subject to sub-paragraph (2), where a consumer suffers any financial loss as a direct result of the non-compliance of a payment service provider with any requirement provided for in paragraphs 3 to 5, the payment service provider must reimburse the full extent of the loss without delay.

(2) The duty to reimburse provided for in sub-paragraph (1) does not apply in the case of unavoidable losses arising as a result of—

(a)abnormal and unforeseeable circumstances beyond the control of the payment service provider; or

(b)the payment service provider’s compliance with any statutory obligation.