Guangdong and Guangzhou credit cards were stolen and swiped by the court.
Credit cards are consumed by signature without password, and the signature of consumption is not the cardholder. The court ruled that the bank should bear the responsibility.
Case:
On February 20 1 1, Wan's wife found that her credit card was stolen in Macau and immediately reported the loss. In the case of fruitless negotiation with the bank, a lawsuit was filed with the court, and the court ruled that the issuing bank should bear the responsibility.
The credit card that Wan gave his wife didn't leave, but it was stolen in Macau 13086.39 yuan (including the overdraft limit of 5,000 yuan). Wan and his wife sued a bank to the Yuexiu District People's Court in Guangzhou, demanding that the bank pay its deposit of 8086.39 yuan and interest. Guangzhou Yuexiu District People's Court, after hearing the case, publicly pronounced a judgment, and sentenced the defendant to a bank to compensate Wanmou for 8,086.39 yuan and interest, and the overdraft amount was borne by the bank itself.
Wan got a credit card in a bank in 2002 and a supplementary card for his wife in 2007. When the consumption of the main card and the auxiliary card of the credit card is less than 50,000 yuan, you don't need to enter the consumption password, just check the signature. On 2011February 18, Mrs. Wan's mobile phone suddenly received a short message from the bank, showing that the credit card she held spent 5,000 yuan across banks and other information. Mrs. Wan didn't spend any money herself. How could there be a text message? He immediately called the bank customer service phone to report the loss of the credit card secondary card, and Wanmou reported the loss of the main card the next day. After being reminded by the bank, Mrs. Wan reported the case to Datang Police Station of Yuexiu Branch of Guangzhou Public Security Bureau on May 27th at 20 1 1, and handed the report receipt and a copy of the Hong Kong and Macao Pass to the bank staff, waiting for the bank to handle it. After half a year's waiting, the bank didn't get the result, and there was no exact reply date, so Wan and his wife took the bank to court with a complaint.
The court ordered the bank to compensate the stolen money and interest.
It was found through trial by the court that the three POS machine purchase orders provided by the bank in this case showed that three purchases were made on the credit card in the name of Mrs. Wan, and the cardholder's signature column on the purchase order was signed with the word "Wang Lili" instead of the cardholder's name. Moreover, according to the Hong Kong and Macao Pass provided by Wan and his wife, there is no record of two people entering Macao on February 20 1 1.
Based on the comprehensive analysis of the time and place of the two plaintiffs' credit card swiping and the time and place of reporting the loss, Yuexiu Court held that it was unreasonable for the plaintiff Mrs. Chen's credit card to appear at the credit card swiping place, and it was not the cardholder's own operation. Therefore, it can be inferred that the consumption of three credit cards involved is a fake card transaction. In this case, the defendant argued that the plaintiff Ms. Wan may entrust others to use the credit card or keep it improperly, and the loss of the credit card led to others' use, so the defendant should bear the burden of proof, but the defendant did not provide evidence in this case, so the court rejected the defendant's argument.
The court held that the defendant, as a professional financial institution, has the obligation to ensure the safety of deposits in credit card accounts. The defendant shall be liable for breach of contract, and the defendant shall be awarded RMB 8086.39 and interest.
(Lawyer He from Guangdong)