How to deal with the stolen credit card? Nowadays, all kinds of network fraud make people defenseless, especially for those who are not aware of the psychology and security, it is easy to be swindled, so what to do with the stolen credit card?
If the bank card is stolen and swiped, you need to provide proof that you and the bank card are not at the scene. When you find the credit card stolen and swiped, you should first call the police, and then operate at the nearest ATM, so that the bank card can be swallowed, and properly keep the operation related vouchers for later application as evidence.
If the bank card is stolen or swiped, you should provide proof that you and the bank card are not on site
At 20:00 on January 2, 2015, song received a message from the bank in Beijing, indicating that his debit card account had been transferred and withdrawn totaling more than 54000 yuan. Song immediately called the police to report the loss. At the same time, according to the tips of the public security organ, he went to the ATM nearby to operate so that his bank card could be swallowed. At the same time, song printed and retained the operation slip.
The next day, song went to the bank to get the card and printed the account details. The bank said the transfer and withdrawal of more than 54000 yuan took place at an ATM in Maoming, Guangdong Province. Song sued the bank for more than 54000 yuan and handling charges on the grounds that his bank card was forged and stolen. The bank denied that the counterfeit card had been stolen and refused to pay.
Combined with other facts, the court held that the bank card transaction in the case was a counterfeit card theft, and finally decided to support song's claim.
The judge said:
In this case, song reported the loss and called the police immediately after the transaction. After his own operation, the ATM swallowed the card. Based on the operation receipt, it was confirmed that song and his bank card were both located in Beijing on the night of the incident, while the bank card transfer and withdrawal place in this case was located in Guangdong Province. According to the distance between time and space, it is impossible for song to operate in two places with the same bank card. Therefore, it should be recognized that the bank card transaction is a fake card swiping.
It is not a normal transaction for a thief to withdraw money with a fake card only with the correct password
On January 23, 2015, between 0:4 and 0:9, Liu was resting at his home in Beijing. His debit card account was withdrawn 20000 yuan. The withdrawal took place at an ATM in Langfang City, Hebei Province. Liu immediately called the phone to report the loss and call the police, and the public security organ issued the receipt of accepting the case to Liu on the same day. After that, song sued the bank for 20000 yuan and handling fee on the ground that his bank card was forged and stolen.
The bank argued that "the articles of association of debit card clearly stipulates that 'any debit card transaction with the same password shall be regarded as the legitimate transaction of the cardholder himself'. The withdrawal behavior in this case is the operation after entering the correct password, which shall be regarded as the transaction of Liu himself, so it does not agree with Liu's request.
After the trial, the court held that the bank card withdrawal in the case was a counterfeit card swiping, and the judgment supported Liu's claim.
The judge said:
The so-called "unauthorized agency" refers to the civil act carried out in the name of others without the right of agency. In this case, the person who steals and swipes the card to carry out the transaction should be an unauthorized agency act. As the bank has the obligation to prevent card duplication and counterfeit card use, this Act does not have the appearance of making the bank believe that the thief has the right of agency, and it cannot establish an apparent agency. Therefore, if another person withdraws money with a forged bank card, the withdrawal shall not be regarded as the transaction of the depositor himself only by the correct transaction password. The bank's defense opinion cannot be established, and Liu's claim shall be supported.
The cardholder who fails to keep the credit card properly shall bear the repayment responsibility to the bank
A bank sued Yang for paying back the principal and interest of his credit card overdraft for more than 100000 yuan.
Yang argued that the overdraft principal and interest were stolen on March 27, 2012. Yang described that in February of that year, a stranger in a bank uniform and a bank logo came to the door, claiming to help him increase the credit card overdraft limit, recorded the credit card information, and provided a POS machine for yang to pay a handling fee of more than 10000 yuan by swiping his card. Therefore, Yang believes that the money is not consumed by him at all, and that he should not repay it or agree with the bank's lawsuit.
After the trial, combined with other facts of the case, the court finally decided to support the bank's claim.
The judge said:
According to Yang's statement, before the credit card transaction on March 27, 2012, Yang easily disclosed the credit card information to others and swiped the card with the POS machine of unknown origin, which belonged to the failure to properly keep his own credit card information. And Yang's statement alone is not enough to determine that the above-mentioned credit card transaction must be someone else's stealing, so the court supports the bank's claim according to law.