If there is a tort liability relationship between the embezzler and the cardholder, they should be responsible for returning the property in accordance with the provisions of the Property Law and the Tort Liability Law. If the amount exceeds a certain amount, they should also be investigated for criminal responsibility for "theft" in accordance with the provisions of the Criminal Law (the starting point of theft in Beijing is 2000 yuan).
However, this small-scale economic crime has a low detection rate, and thieves often can't find it, so they can't bear the responsibility of refunding money. Therefore, the theft of credit cards eventually becomes the responsibility of cardholders, banks and credit card merchants.
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2. Issuer-the responsible person who fails to report the loss in time.
The scope of responsibility of the issuing bank shall be stipulated in the service agreement signed by both parties when handling the card. Every bank's agreement is different. What they have in common is that banks are only responsible for the losses caused to cardholders when they fail to report the loss in time, and they are not responsible.
Recently, in order to attract business, some banks have launched a card loss protection service, in which the stolen card is liable within the limit (5000 yuan or 10000 yuan) within 48 hours (or within 24 hours), and strict conditions (such as non-password withdrawal and loss reporting at the first time) are stipulated. The responsibility assumed by the issuing bank shall be paid by the contracted insurance company.
3. Credit card merchants-those responsible for failing to fulfill their reasonable audit obligations.
For credit cards that only withdraw money by password, credit card merchants have the obligation to check the password; For credit cards with signature withdrawal, credit card merchants are obliged to check whether the cardholder's signature is consistent with the reserved signature.
Credit card merchants only assume corresponding responsibilities if they fail to fulfill the above obligations.
4. Cardholder-the responsible person who fails to fulfill the obligation of proper custody.
According to the agreement signed between the cardholder and the bank, the cardholder should take good care of the credit card. Once the card information is lost or stolen, the cardholder should bear the fault liability equivalent to not keeping the credit card properly.
Notify the bank to report the loss
The cardholder should immediately call the customer service phone of the bank to inform the account of abnormal change, report the loss and follow the instructions of the customer service staff. The cardholder should also ask the bank about the way, time, place, the other party's account information and the location of the nearest ATM. The cardholder can write down the telephone number of the customer service staff when necessary, so as to verify the situation in future litigation.
Alarm processing
After notifying the bank, the cardholder should call 1 10 in time to inform the bank of the stolen amount, method, time and place and the other party's account information. The cardholder should also print the account details at the bank according to the requirements of the public security organ, and wait until the public security organ handles the alarm formalities with the bank card and ID card.
ATM machine operation
Cardholders should go to the nearby ATM to operate their bank cards. Since the loss has been reported before, the ATM will swallow the card, and the cardholder should keep the receipt. The purpose of this move is to prove that neither the card owner nor the bank card was stolen, and the bank card was forged and stolen by others. Experts stressed that in the case of counterfeit credit card, it is one of the effective ways to prove the counterfeit credit card behavior to operate the real card through ATM machine in time after the stolen credit card occurs. After the bank card is swallowed, the cardholder should go to the bank to get the card in time so as to bring the bank card to the public security organ to report the case.