People lie at home, but the deposit of more than 60,000 yuan is missing. Does the bank be responsible for?

No mobile phone

No bank card

People are sitting at home

The money is gone from the Carry

When the bank card was stolen

How will the cardholder defend their rights?

Who should be responsible?

On the evening of March 28, 2022, in Shangrao, Jiangxi, Xu was resting at home. Suddenly, the bank sent multiple transaction text messages in a row. For a moment, the 60,000 yuan of Cardi flew.

That night, Xu immediately reported to the police and called the bank to make a verbal loss. The next morning, I went to the bank to print the card's transaction details list and negotiated compensation with the bank, but the bank refused to compensate. As a result, Xu complained to the People's Court of Puyang County, Shangrao City, Jiangxi Province, asking for compensation for the stolen model of 67715 yuan.

The plaintiff Xu said that, as a professional financial institution, banks have obligations to ensure security for savings information and savings funds. We must prevent information and data such as savings from information and passwords that are easily stolen and effectively keep the deposit of storeders. If the bank is stuck on the storage households and the deposit is stolen in the case of the password, the responsibility is responsible for the bank, and the bank shall be compensated in full.

The defendant's bank believed that although the plaintiff Xu reported to the police, the police did not conclude to the "case" complained by the plaintiff. The main obligation of the cardholder is to properly keep the card and password. The loss caused by the fact that the bank card information and password leakage are caused by the fact that the bank card information and password leaks are not attributed to banks.

Court: Bank full compensation

The People's Court of Puyang County, Shangrao City, Jiangxi Province believed that the plaintiff had a bank card in the defendant's office, and the plaintiff and the defendant established a legal and effective contract relationship.

In this case, the dispute transactions are all card -holding transactions, dense and multiple consumption, and the transaction is in Shantou, Guangdong, and the bank card is still kept at the plaintiff. After seeing the consumption text message, the plaintiff immediately reported to the police that night and called the bank to make a verbal loss. From the perspective of geographical, time, and basic life, the plaintiff himself was unreasonable for consumption or consumption to pay the card by others. Therefore, it is not ruled out that the trading actor of the disputed transaction is a transaction conducted by the forged bank card.

According to the fact that the defendant has not provided evidence to prove that the plaintiff's identification information such as bank cards, passwords, and verification codes has not been properly stained in the identity identification information, and the transaction verification information has not been properly storage. Within ten days from the date of effectiveness of this judgment, the defendant compensated the plaintiff Xu to the deposit of 6,7715 yuan for the stolen bank card.

After the case was sentenced, neither the original and the defendant appealed, and the judgment has come into effect.

Judge: I have judged the loss of recipe as depending on the situation

As the development, design, and maintenance of banks, as a party, which is also a party that obtains economic benefits from the convenience of electronic transactions, it should also be more capable of taking strict technical measures to ensure the security of accounts and funds. Therefore, in the transaction using bank cards, banks should accurately identify the authenticity of the card. In this case, the bank did not fulfill this obligation, causing the money to be withdrawn without knowing it.

If the bank does not perform the obligation to security in the depositer's account during the performance of the savings deposit contract, there is no evidence to prove that the depositor is fault, and the funds loses losses due to the stolen account in the depositor's account shall bear all the compensation liability. In addition, after the bank's losses of the stolen bank card to the deposit, the bank can recover to the criminals in accordance with the law.

Of course, not all bank card stolen losses must be responsible for the bank. Each cardholder has the obligation to keep the personal bank card and password information. Under the necessary security and confidentiality conditions for the cardholders, the cardholder has caused the bank card loss or the password leakage due to their own fault, which causes it to generate it, which causes it. Risk and loss must be borne by the cardholder.

What should I do if the bank card is stolen?

1. Go to the nearby bank to obtain and print the voucher

Holding the bank card to the local teller machine machine machine machine machines to withdraw money, consumption and other operations, fixed electronic evidence proves that the person card is not separated, and the bank card and me are locally in the local area. It is impossible to swipe the card in a different place at the same time.

2. Insurance in the card in time in time

I found that the card was called the bank as soon as possible, informing the customer service of the card stolen, and asked the bank to stop payment or apply for freezing. If it involves a third -party payment platform, immediately contact the control of the funds.

3. Report the case immediately

Immediately report the case to the public security organs to retain the alarm ones. The stolen brush situation is detailed to prove that the bank card is still kept by yourself. Some payment institutions need to provide alarm on the alarm as a proof of denying the transaction.

Source: CCTV today, Jiangxi Court

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