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What are the responsibilities of the bank when the bank card is stolen?
The use and popularization of network technology facilitates people's lives, but it also provides opportunities for scammers. In the process of using bank cards, bank cards are often stolen. Then, who should be responsible for the stolen bank card? What are the responsibilities of the bank when the bank card is stolen? Let's take a look! Bank card stolen: 1) Debit card information was stolen because recording equipment was installed on ATM; 2) The styles, colors and marks of transaction bank cards are quite different from those of bank cards; 3) The bank card account involved in the case was traded in a different place in a short period of time, and there is evidence to prove or infer from common sense that the cardholder did not trade there at that time; 4) The bank failed to fulfill its obligation to protect safety tips. What should I do if my bank card is stolen? First of all, we should be bold and cautious, promptly notify the issuing bank and call the police; Then we should collect the evidence that the stolen money was not taken out or consumed by me at the first time: for example, check whether the money was stolen from a different place, or go to a nearby bank to check the balance and keep the voucher (proof that it is stuck on me at this time). Then take your ID card and go to the bank to make a statement. Related knowledge: the reason why the bank card was stolen in different places. In real life, although the bank card is in hand, the money on the card is taken away or spent in different places. Banks usually prevaricate for the following reasons: 1. There is no evidence to prove that the depositor's savings card was copied and stolen by others, and the consequences arising from related party transactions should be recognized as the plaintiff himself. Even if the depositor's savings card is copied or stolen by others, there is no basis for the plaintiff to demand compensation from the defendant. 3. If others copy or steal the savings card and it is involved in criminal acts, it should be handled through criminal procedures, and the related compensation issues will be decided after the criminal procedures are over. In fact, the bank's failure to fulfill its security obligations constitutes a breach of contract: 1. When a depositor opens a savings account in a bank, both parties form a savings deposit contract relationship, and both parties shall perform their respective contractual obligations in strict accordance with the contract. 2. The bank card stolen by others in different places belongs to the savings deposit contract relationship, and its handling is not based on the investigation results of criminal cases. 3. Depositors deposit their deposits in banks, and banks are obliged to ensure the safety of deposits. Due to technical loopholes, banks failed to guarantee the uniqueness and non-replicability of bank cards, which caused losses to depositors, and banks were obliged to bear all the responsibilities and compensate depositors for their losses. 4. Depositors usually report the loss to the police after receiving the short message from the bank. When they call the police, they carry their bank cards with them, so they can be sure that the bank cards used by the actual cardholders when withdrawing money or spending money are copied fake cards. The real bank card as the proof of the savings contract is not used for the transaction, but the actual consumer uses the forged bank card for the transaction, which cannot be considered as the payment for the bank card owner. Although the bank card owner has the obligation to keep his account password properly, if there is no evidence to prove that the bank card owner is at fault for revealing the bank card information and password, the bank shall be liable for compensation.
Legal objectivity:
Provisions of real-name registration system Municipality on Individual Deposit Accounts in this Municipality
Article 7
When opening a personal deposit account in a financial institution, the financial institution shall require him to show his identity document, check and register his name and number on the identity document.
Measures for the administration of electronic banking
Article 89
When providing e-banking services, financial institutions should bear corresponding responsibilities for losses caused by non-customer reasons such as potential safety hazards in the e-banking system and illegal operations inside financial institutions.
People's Republic of China (PRC) Commercial Bank Law
Article 6
Commercial banks should protect the legitimate rights and interests of depositors from any unit or individual.
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