Bank condemned in Spain for failing to avoid a fraudulent transfer

by David Lorenzo on October 24, 2013

Bank condemned for failing to avoid a fraudulent transfer given without the permission of their client.
The Provincial Court of Palma has sentenced a bank for failing to prevent a transfer that was fraudulently from a customer’s account, from which they were transferred 9,000 euros without the consent of the owner, disapproving they  had not deployed “the due diligence “in the safety and security of its website.
The Court condemned the bank to return the 9,000 euros plus interests to the injured, who denounced in his demand the fraudulent nature of the transfer.

The court says that banks “played a key role in economic activity” and emphasizes that “this paper rests heavily on the security image, credibility and dependability that project to the public.” Reason justifies that “the level of demand for them is considerably higher than it can be no longer for the average citizen but also for other entrepreneurs.”

Specifically, the plaintiff demanded that the bank took a refund of transfer addressed to the Czech Republic, because the banking system “lacks the minimum security measures that make it an ideal system to operate ‘online ‘”and the fact that after being informed of the fraudulent transfer, the bank” did not deploy any action to prevent injury to your client. ”

However, in its answer to the complaint, the bank alleged to have negligently caused the account holder, noting that he “disregarded the most elementary principles of prudence and allowed a third person outside (…) use its user, your ‘password’ and your code card, so that only he led the risk now is to impute to the bank “and” held responsible “.

In fact, the respondent company argued that it is common ground that acted negligently in their attempt to block the transfer, since “the diligence displayed by the bank as soon became aware of the relevant facts is unquestionable”.

In this regard, the court notes that, shortly after the fraud was committed, the bank introduced a notice in a conspicuous place in its website that reported that they never solicit a coordinate, a caution that the court finds “commendable “but criticized” the tardiness with which adopted “. “If the web configuration had the disclaimer, probably would have avoided what ended happening,” recalls the judgment.

David Lorenzo-Spanish Lawyer UK                                       
Spanish Law | Birchall Blackburn                                                                             

David Lorenzo

David Lorenzo

Spanish Lawyer UK at Birchall Blackburn
David Lorenzo, Spanish Lawyerin UK, member of the Bar of Madrid and based in Manchester, specialized in international issues regarding Spain
David Lorenzo
David Lorenzo
David Lorenzo

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