What should you do if you find that your credit card has been stolen? The user will definitely call the police and report it to the card-issuing bank. However, Ms. Dong from Yangzhong was very depressed - she did this, but the bank still deducted all consumption from her agreed repayment account afterwards. Ms. Dong then took the bank to court. Recently, the Yangzhong City People's Court ruled that the bank should compensate Ms. Dong for her loss of 148,960 yuan and interest.

According to relevant sources from the Yangzhong Court, on December 21, 2016, Ms. Dong from Xinba Town, Yangzhong City, received a consumption SMS notification from a bank about her credit card - *** 11 transactions, ***Total 148,960 yuan. Considering that she was at home and her credit card had never left her, Ms. Dong immediately realized that her card had been stolen and swiped, so she called the police at the Xinba Police Station of the Yangzhong City Public Security Bureau and called the bank's customer service number to report the situation.

On January 26 this year, the bank deducted all consumption including the above 11 purchases from her agreed repayment account. This was unacceptable to Ms. Dong. Ms. Dong believes that she has always held this card and has not made any card purchases during that time. She is unaware of the above-mentioned purchases. She has a service contract relationship with the bank, and the bank has the obligation to ensure the safety of account funds. She If your credit card is stolen, the bank has failed to fulfill its obligations and should bear corresponding responsibilities. Ms. Dong then took the bank to court, requesting that the bank be ordered to compensate the loss of 148,960 yuan and corresponding interest on the stolen credit card.

The Yangzhong Municipal People’s Court held that the 11 transactions all occurred on the same day and occurred in Chongqing, Shenzhen, and Guangzhou. Ms. Dong immediately reported the incident after discovering that her credit card had been fraudulently used, and also called customer service to report the situation. Ms. Dong has fulfilled her duty of vigilance and care.

The court pointed out that Ms. Dong’s claim that her credit card had been stolen by others had fulfilled the preliminary burden of proof. When the bank failed to provide evidence to refute Ms. Dong’s claim or prove that Ms. Dong authorized others to use the card to make purchases, the court concluded that the 11 transactions in the dispute were caused by fraudulent use by others. The credit card was fraudulently used and the overdraft user was not Ms. Dong. Therefore, the responsibility for causing the credit card to be stolen should be used to determine who should be responsible for the 11 stolen payments.

In the process of credit card consumption, the authenticity of the credit card and the compliance of the password are two key links to ensure the safety of funds and legitimate consumption. The bank has the obligation to ensure the authenticity and uniqueness of the credit card, and The cardholder is responsible for keeping the credit card and its password properly.

In this case, the bank did not provide any evidence to prove that Ms. Dong, as the cardholder, had intentional or negligent miskeeping of the bank card or leaked the password. It should bear the legal consequences of being unable to prove it. Therefore, the bank should bear the loss of Ms. Dong. Bear all liability for compensation. In the end, the Yangzhong Municipal People's Court ruled that the bank should compensate Ms. Dong for her loss of 148,960 yuan and interest.

Reminder:

Once a credit card is stolen from another place, cardholders should report it to the bank immediately and report it to the police. In addition, cardholders should quickly go to a nearby ATM to operate their bank card. The purpose of this is to prove that neither the card owner nor the bank card was at the scene of the theft, and that the bank card was forged and stolen by others.

Bank card theft occurs frequently, so everyone must take precautions. In case of an accident, you must follow the above reminders to protect your own interests.