Under the current legal framework, if the credit card is stolen, the responsibilities of all parties are as follows:
1, the embezzler-the first responsible person
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.
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. The regulations of each bank are different. The same thing is that the bank is only responsible for the losses caused to the cardholder by not reporting the loss in time, and does not assume responsibility.
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.
Once a credit card is stolen, most of the responsibility may lie with the cardholder.
Second, the use of credit cards in the proposal
1. Know the credit card service agreement before handling the card, and choose the bank carefully.
Some people ignore the investigation of the credit of the issuing bank, pay no attention to the credit card service agreement, and lack understanding of the services that the bank can provide in order to covet the small gifts or points rebate from the bank; Even some people hold nearly 10 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 you will have to bear all the responsibilities.
2. Credit card cash withdrawal adopts password plus signature.
When choosing a credit card, we should pay attention to the reputation of the issuing bank, the service scope and responsibility of the credit card.
At present, all banks stipulate that credit card withdrawal by password is regarded as having the right to spend. Even if there is a stolen card, the cardholder has to pay compensation. Once the card is stolen, the cardholder will take full responsibility.
Withdrawal only by signature, once the credit card is lost, there is no password protection barrier, so it is easy for the cardholder to withdraw the money in the card, and you can also bear part of the responsibility for the losses caused by it. Banks only bear part of the responsibility, and the other part is borne by the lost card, which is more likely to cause losses.
In the way of password plus signature, even if the card is lost, the password must be cracked first, and the merchant who swipes the card is also obliged to check whether the signature is reserved when spending, which ensures more. It is the most feasible exit method at present.
3. Be careful when opening online banking and swiping cards.
Even if the credit card draws money by signature, online banking also needs to draw money by password, and the losses paid by password shall be borne by the cardholder. Therefore, we should pay attention to risk prevention and control when opening online banking.
Now, all kinds of goods we buy, all kinds of services we reserve for home, and merchants will also hold various POS machines. When you swipe your card through the POS machine, your card information will be kept in the POS machine, which gives people with ulterior motives an opportunity. This is why some cards are stuck on the body, but they are stolen.
4. The following measures should be taken after the credit card is stolen.
1) Contact the bank to report the loss at the first time, so as to avoid the loss from expanding, and transfer the responsibility to the bank after reporting the loss.
2) Call the police immediately, collect the evidence that is not at the payment site and the report record sheet, and prepare evidence for rights protection.
3) Contact a lawyer immediately to minimize possible risks. Don't worry that contacting a lawyer will delay too much time. For simple cases, general lawyers can sort out the ins and outs within 5 minutes and give corresponding opinions.
4) Repay at the agreed time.
Many people will think that money is stolen, not for their own consumption; Or if you are dissatisfied with the bank's handling results and don't repay, it will expand your losses to a certain extent.
Even if the money is stolen, before solving the case and reaching a new agreement, the agreement signed with the bank when you apply for the card is still binding on you, and you may need to pay interest or late fees for the stolen money.