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Posted: Sun 23:30, 20 Mar 2011 Post subject: Credit card holder sued the bank overdraft of othe |
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Signature Bank did not review
suffered a defeat
□ Times reporter Zhang Lu Wen Wu Haijie correspondent High Among comics
Taiwan tourism, suffered thieves, credit card overdraft more than 190,000 new malicious Taiwan currency. After the bank to pay back the money drives the main card.
Lishui City in November last year, Court of First Instance sentenced Liandu credit card bank themselves the responsibility of malicious overdraft. Bank refused to accept the appeal. Yesterday, Lishui in the hospital verdict: dismissed the appeal and upheld the original verdict.
travel wallet was stolen
19 万多 NT was overdrawn
Longquan, Lishui, Mr. items, because doing business travel often, to facilitate early In September 2005, he applied for a bank in Lishui a credit card. Mr. items as long as this credit card master card can get the signature card overdraft. But never thought to bring this card to his own convenience, but also
2009 年 11 On 20 March, Mr Xiang to visit Taiwan, I did not expect the next day around 3pm wallet was stolen, wallet, credit cards and ID cards are also subsequently stolen.
the beleaguered Mr. items Lishui quickly contacted family members to help them report the loss of credit cards, but the bank says I need to report the loss. So, Mr. items were called to the bank report the loss. Fortunately, Mr. Banks told the item is no credit card records. Mr Xiang was relieved.
Unexpectedly, the night he received a phone bank and was told his credit card business in Taiwan, three times a consumption of more than 190,000 Taiwan dollars overdrawn.
Soon, the bank began a reminder. And the bank repeatedly fruitless negotiations, desperation, Mr. item bank to court had to seek explanation.
Bank: a main signature card of Mr. items: A bank should review the signature
that this more than 190,000 Taiwan dollars in Taiwan consumer overdraft, the bank can not do the review signature, Mr. items such a then you can not play a role to facilitate customer.
consumption, and that what this credit card security? Banks are not doing the review signed duties, the responsibility should be borne by the banks themselves.
Court: A bank should bear responsibility
Bank: The appeal was dismissed
Lishui City Liandu court, after hearing that the credit card consumer credit card transactions, direct legal relationship with the cardholder is the occurrence of credit card issuing bank, not the tenants.
cardholders credit card spending, it means that the cardholder authorized by the issuing bank or its bank account to pay the overdraft line of credit from the amount corresponding to the tenants.
accept the cardholder's issuing bank to authorize the appropriate payment, should first examine whether the license holder to pay the true meaning of that. Therefore, the business transactions should be reviewed evidence submitted by the issuing bank, card-issuing banks to review and correct before payment to the merchant. That is, banks should review Mr. item consumption is not my signature this.
addition, provide credit card issuing bank and the merchant terminal equipment spending is another contractual relationship.
relevant institutions to provide credit card spending to merchants, terminal equipment, means that credit card spending is the extension of financial services of the issuing bank, the cardholder's credit card spending in the business, is the relationship between the cardholder and the issuing bank- .
Therefore, whether the business is authorized to review the signatures and other relevant agencies, and commercial credit card spending is to do rigorous examination of the risks of identity can not be borne by the real cardholder.
Therefore, the court decision, this non-autographed items, Mr. I generated more than 190,000 NT overdraft act invalid, they should bear their own responsibility.
bank refused to accept the appeal to the Intermediate People's Court in Lishui City,tod's scarpe donna, yesterday, Lishui in Court decisions rejected the appeal and upheld the original verdict, ditto. |
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