1. what should I do if my credit card is taken away by others? Credit cards taken away by others should be handled by calling the police and other related means. Under the current legal framework, the credit card is stolen and swiped, and the liability of all parties is as follows:
1. The relationship between the thief and the cardholder is tort liability, and they should be responsible for returning the property in accordance with the provisions of the Civil Code and the Civil Code. If the amount exceeds a certain amount, they should also bear the criminal responsibility of "theft" in accordance with the provisions of the Criminal Law (the starting penalty for theft in Beijing However, the detection rate of this small-scale economic crime is low, and the thief often cannot find out, so he can't bear the responsibility of returning the money. Therefore, credit card theft eventually becomes the responsibility of the cardholder, the bank and the credit card merchant.
2. issuing bank-the scope of responsibility of the responsible person who fails to report the loss in time is stipulated in the Service Agreement signed by both parties when handling the card. The stipulations of each bank are different. The common point is that the bank is only responsible for the losses caused to the cardholder by failing to report the loss in time, and it is not responsible. Recently, in order to attract business, some banks have launched a card loss protection service, in which the stolen credit card within 48 hours (or 24 hours) is liable within the limit (5, yuan or 1, yuan), and strict conditions are stipulated (such as non-password withdrawal and loss reporting at the first time). The responsibility assumed by the issuing bank shall be paid by the contracted insurance company.
3. Card-swiping merchants-responsible persons who have not fulfilled their reasonable auditing obligations. For credit cards that are withdrawn only by passwords, card-swiping merchants have the obligation to check passwords; For a credit card withdrawn by signature, the credit card merchant has the obligation to check whether the signature of the cardholder is consistent with the reserved signature. Credit card merchants only assume corresponding responsibilities when they fail to fulfill the above obligations.
4. Cardholder-the person responsible for failing to keep the credit card properly According to the agreement signed between the cardholder and the bank, the cardholder shall keep the credit card properly. Once the card information is lost or stolen, the cardholder shall bear the responsibility equivalent to the fault of not keeping the credit card properly. Once the credit card is stolen, most of the responsibility may lie with the cardholder.
second, what are the precautions in the use of credit cards?
1. Understand the credit card service agreement before handling the card, and choose the bank carefully. Some people neglect to inspect the credit of the bank that handles the card in order to covet the small gifts or points rebate from the bank, and also pay no attention to the credit card service agreement, lacking understanding of the services that the bank can provide; Even some people hold nearly 1 credit cards, and they don't understand the services and rules of various cards, but only pay attention to overdraft limit and bank rebate. If there is a problem with the stolen credit card, it is likely that all the responsibilities need to be borne.
2. The credit card is withdrawn by password and signature. When choosing a credit card, one should pay attention to the credit of the issuing bank, and the other should pay attention to the service scope and responsibility of the credit card. At present, all banks stipulate that credit cards withdrawn with passwords are regarded as having the right to spend. Even if there is a stolen card, the cardholder should pay for it. Once the card is stolen, the cardholder will be fully responsible. Withdrawal only by signature, once the credit card is lost, there is no password protection barrier, and it is easy for the card picker to withdraw the money in the card. However, all banks only bear part of the responsibility for the losses caused by this, and the other parts have to be borne by the card loser himself, which is more likely to cause losses. Password plus signature method, even if the card is lost, the password must be cracked first, and the merchant who swipes the card also has the obligation to check whether the signature is reserved during consumption, which guarantees more. Whether you use a credit card from a bank applicant or apply for a loan from a bank, you must use it in strict accordance with the contents stipulated by law, and you must properly keep the card after handling the credit card. If there is any related situation such as stealing the credit card, you can report it to the local public security organ, because it may involve criminal responsibility.