More than half a million rubles were recovered from the bank in favor of the woman.
In court, the woman spoke about an evening call from an unknown person who introduced himself as a bank security officer. She was informed that money had been debited from the card by fraudsters, and therefore it needed to be blocked. To do this, you need to call the code from the SMS. The woman followed the instructions, but was told that a loan had already been issued in her name. And to cancel it, you also need a code from SMS. Yaroslavna named him too.
That same evening, the woman called the bank’s hotline to make sure that all actions were canceled and the card was blocked. But the employee said that a loan in the amount of 1 million 698 thousand rubles was issued in Yaroslavna’s name. Moreover, part of the funds – almost half a million rubles – has already been used. Then, according to the woman, her card was blocked.
“According to the plaintiff, fraudulent actions were committed with the participation of bank employees, since other persons were not informed about the plaintiff’s account in this bank, and the plaintiff did not receive SMS notifications about transactions. The loan agreement through remote access on behalf of the plaintiff was concluded with the defendant after 20 pm, the defendant’s security system should have blocked suspicious transactions.”says the court decision.
The woman, who is a person of retirement age, did not use the mobile version of the bank and had not previously applied to the bank for a loan using such a system. Meanwhile, the loan agreement was concluded exactly this way, using a simple electronic signature by sending an SMS code sent by the bank to a mobile phone number.
“When assessing the integrity of the bank’s actions, the court took into account that the defendant sent a push message in Latin letters about the receipt of credit funds to the plaintiff’s account in the evening, and in Russian, Cyrillic, an SMS message about the provision of a loan was sent only in the morning of the next day, when the card the client has already been blocked. Messages about transfers of funds from credit funds to third party accounts were not delivered to the client by the bank at all.”– said the press service of the regional court.
As a result, the Dzerzhinsky District Court came to the conclusion that the loan agreement was invalidated and the funds transferred from the plaintiff’s account to third parties were collected in the absence of the plaintiff’s will for such a transfer of funds. The Judicial Collegium for Civil Cases of the Yaroslavl Regional Court left the decision unchanged.
“The loan agreement concluded between the parties was declared invalid, funds in the amount of 486 thousand rubles were recovered from the defendant in favor of the plaintiff, transferred to the accounts of third parties, as well as funds in the amount of 82 thousand rubles on account of the interest paid.”explained in court.
The decision has already entered into legal force.
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