Do these six things immediately when the bank card is stolen.
Under normal circumstances, if depositors find that their bank cards have been stolen, they can follow the following six steps as soon as possible:
1. There is no evidence that the card has left the body.
The easiest way is to go to a nearby bank outlet or ATM to make deposits and withdrawals, inquiries and other transactions, and keep the receipt.
2. Call the bank customer service to report the loss and stop the loss.
3. Ask the bank about the way, time, place and account information of the other party, and write down the customer service phone number if necessary; Cross-bank transactions can obtain vouchers from China UnionPay.
4. Report to the public security department with the bank card, relevant documents and my ID card.
5. Negotiate with the bank or third-party payment platform with the case receipt.
6. If the problem remains unresolved, please consult a lawyer for prosecution.
Not everyone can pay for the anti-theft brush, so the awareness should be improved.
However, banks are not safes, and not all banks are responsible for stealing brushes. In addition to understanding how to collect evidence, depositors should also raise their awareness of anti-theft brushes.
Qiu Wei, an insider: Don't tell your ID number, ID number, consumption SMS and verification SMS to a third party easily; Don't visit the links of unknown websites easily.
Related news:
The woman deposited 770,000 yuan in the stolen bank on the same day and was sentenced to full compensation for principal and interest.
Ms. Cheng is from Bozhou, Anhui Province and works in Kunming. From 2065438+September 2005, she ran around for the theft of 770,000 yuan deposit. Recently, her unremitting efforts have finally paid off. Kunming Intermediate People's Court made a final judgment: the bank that opened the account fully compensated her for the loss and the corresponding interest.
770 thousand was stolen on the day of deposit.
20 14 12. Ms. Cheng went to Kunming Panjiawan Sub-branch of a bank to apply for a bank debit card.
On August 24th, 20 15, Ms. Cheng deposited RMB 770,000 into the card.
On September 1 2005, when Ms. Cheng took this card to the bank to withdraw money, she found that there was only 0.57 yuan left on the card. She hurried to Panjiawan Branch to inquire and reported the case to Kunming police and Songming police successively.
Panjiawan Sub-branch provides detailed consumption and withdrawal details: on August 24th, 20 15, Ms. Cheng had a consumption of RMB 100 in Hangzhou, Zhejiang Province on the day when the deposit arrived; Then I spent 200 yuan in Shenzhen; After that, there were five consumer transactions in Shanghai, totaling more than 60,000 yuan. The next day, there were 19 transactions in Zhejiang, Shanghai, Shenzhen and other places, and the total amount of * * * was taken away by 3 10000 yuan. In the next few days, 97 transactions took place in succession, and some money was taken away at ATMs in other places.
The reserved phone number of the bank card has been changed.
Investigation and verification by Yunnan Banking Regulatory Bureau: On August 2, 20654381,a customer took temporary id card to a bank in Huanglong Sub-branch of Songming County to apply for a debit card. The temporary id card information he holds is almost the same as Ms. Cheng's ID card, with the same name, gender, age and place of origin, except that "Bozhou" in Anhui Province is written as "Bozhou". At the same time, the woman also changed Ms. Cheng's reserved phone number, resulting in no SMS prompt on her mobile phone when Ms. Cheng's deposit was stolen.
The court ordered the bank to compensate 770,000 deposits.
After the deposit was stolen, Ms. Cheng took Panjiawan Sub-branch to court and demanded that the defendant compensate for the deposit of 770,000 yuan. Wuhua District People's Court made a first-instance judgment and rejected Ms. Cheng's claim. Ms. Cheng refused to accept the judgment of the first instance and appealed to Kunming Intermediate People's Court.
Kunming Intermediate People's Court found through trial that on August 2, 2065438, the person who applied to open an account to change Ms. Cheng's account was not Ms. Cheng herself, and the bank was at fault in authorizing the bank to change the reserved telephone number and information of Ms. Cheng's account. Since 2 1 2065438, she has lost control of her account. 20 15 From August 24th to August 3rd15, during the bank payment transaction of Ms. Cheng's debit card, the transaction time occurred many times in the early morning; The trading provinces and cities involved Zhejiang, Shenzhen, Yunnan and Shanghai, and there were many inter-provincial transactions in a short time. It is impossible for Ms. Cheng to trade with a real card. Because Panjiawan Sub-branch authorized to change the reserved telephone number of Ms. Cheng's bank without confirming that it was Ms. Cheng herself, it was impossible to know when the funds in Ms. Cheng's account changed in time and lost control of the account. Panjiawan Sub-branch can't prove that the payment of the funds involved in Ms. Cheng's account has been properly secured, and the bank should be responsible for the unknown expenditure of the funds in Ms. Cheng's account.
Accordingly, Kunming Intermediate People's Court recently made a final judgment, revoking the first-instance judgment of Wuhua Court, and Panjiawan Sub-branch compensated Ms. Cheng for her deposit of 770,000 yuan and corresponding interest.
The man's bank card was stolen and swiped, and the compensation was 1.3 million. "Withdrawing money nearby" became the key evidence.
Lu of Beijing found that his bank card had been stolen and swiped, and quickly withdrew money nearby, which became the key evidence to prove that the bank card had been stolen and swiped, and finally he was compensated 1.3 million yuan.
The claim for bank card theft is 6.5438+0.3 million, and the ready-made key evidence is taken nearby.
On April 20 14, Lu applied for a debit card in a bank. On February 6th of the same year, 65438+ received a short message reminding that a debit card transaction of 45000 yuan occurred on the same day 17: 48: 07, and another transaction of 85000 yuan occurred 39 seconds later.
After receiving the SMS reminder, Lu made two cash withdrawals at the nearby ATM, called the bank customer service phone to negotiate, and then reported the case to the public security department. Subsequently, Lu sued the issuing bank to the court, demanding that the issuing bank compensate the stolen deposit loss of 6.5438+0.3 million yuan and the corresponding interest loss.
The public security organ found out that the transaction with the amount of 45,000 yuan was completed by the "Zhifutong" credit card machine, and the payee was Fan, located in Yunnan Province; Another transaction of 85,000 yuan was completed by swiping the card through the POS machine. The payee is a building materials store, and trading places is in Wuhan.
Trading places of both money is not in Beijing. According to common sense, it is difficult for Lu to use the same debit card to travel to and from three places at the same time. On this basis, the court found that the litigation transaction involving the debit card was conducted by others using forged bank cards.
The court pointed out in the judgment that there is a contractual legal relationship between the bank and Lu, and the issuing bank has the obligation to ensure the safety of depositors' deposits. These two transactions involving stolen credit cards were both completed on the service facilities provided or recognized by the bank through fake cards, and the bank card system could not effectively distinguish the real card from the fake card, which was an important reason for the theft of credit cards. Accordingly, the court supported Lu's claim.
"After receiving the SMS reminder of abnormal account expenditure, Lu immediately withdrew money and reported the case to the local police station, and obtained key evidence to confirm that he and his bank card were not at the credit card place when the transaction occurred." Cheng Guiqin, vice president of the Second People's Court of Daxing District, said.
The claim for compensation for password leakage in mobile banking is difficult to support.
Cheng Guiqin introduced that according to different transaction media, bank card theft disputes can be divided into two categories: stolen cards and stolen cards. Card theft refers to the theft of bank cards, credit cards, forged cards and other stolen cards obtained by various improper means, such as stealing or copying fake cards. Card-free theft refers to online theft through online banking and third-party payment platforms.
The reporter noticed that it is often difficult for the court to support the cardholder's claim for compensation because the mobile phone transfer money is "unknown".
In another case, Yemou applied for a credit card in a bank on 20 12, and the transaction method was by password. At the same time, Yemou also applied to the issuing bank to open online banking and mobile banking.
At 2 o'clock in the morning of September 20 15 12, Ye received a short message on his mobile phone, which read: "Leaking the verification code is at risk of funds being stolen! Transfer verification code * * * * ". Four minutes later, Yemou's bank card transfer expenditure was 50,000 yuan, and the payee was Zou. On the morning of the same day, Yemou reported the case to the public security department, saying that the transfer was not my operation. During the investigation of criminal cases, Yemou sued the issuing bank for compensation.
The judge in charge of the case said that when Ye applied to open mobile banking, the signing form provided by the bank indicated the storage of important information and the possible risks of mobile banking, indicating that the bank had fulfilled its risk warning obligations. The cardholder only proves the fact that his credit card fund account has been reduced, but fails to prove that the issuing bank has breached the contract or other behaviors that damage the security of fund transactions during the operation of fund transfer, nor can it prove that the transfer is not operated by himself. In the end, the court ruled that the plaintiff's claim was rejected.
Abnormal account changes should be "three as soon as possible"
Cheng Guiqin said that in practice, it is very difficult to identify the fact that bank cards have been stolen. In the case of swiping a card without a card, the cardholder has limited means to prove the existence of swiping a card without a card because the transaction without a card is not based on a bank card.
In order to prevent bank cards from being stolen, Daxing District Court suggested that cardholders set complex passwords when handling bank cards and keep them properly. After handling the business, they should also completely smash the receipt or collect it by themselves to prevent information from leaking. Pay attention to whether the card slot is modified, whether the cashier swipes the card repeatedly, and whether the mobile phone receives virus messages when swiping the card.
The judge suggested that when the account changes abnormally, the cardholder should do "three as soon as possible": go to the nearest ATM or bank business place as soon as possible to prove that the reference card is not separated; Call the customer service phone of the issuing bank as soon as possible to report the loss temporarily; Report to the local police station as soon as possible.