Section 77(2)

Paragraph (1) does not apply if— the loss, theft or misappropriation of the payment instrument was not detectable by the payer prior to the payment, except where the payer acted fraudulently; or the loss was caused by acts or omissions of an employee, agent or branch of a payment service provider or of an entity which carried out activities on behalf of the payment service provider.

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Source: legislation.gov.uk · retrieved 2026-09-04