A PrivatBank client had their second card reissued, resulting in a deduction of 35,991 hryvnias, as ruled by the court.

A man discovered that PrivatBank had reissued a second plastic card in his name. The credit limit was increased on this card, and three transactions were made, withdrawing a total of 35,991 hryvnias. This information is detailed in the decision of the Kyiv District Court of Odesa, published on July 25, 2024.

On September 12, 2023, the man received an email from "PrivatBank" regarding the necessity to make a mandatory payment of 1,798 hryvnias on his credit card by the 25th. On September 13, 2023, he visited a branch of JSC CB "PrivatBank," where he learned that a second plastic card had been reissued in his name, with an increased credit limit, and that on August 2, 2023, funds totaling 35,991 hryvnias were withdrawn through ATMs in the Kyiv region via three transactions. On the same day, the citizen filed a report with the police regarding fraudulent actions against him.

"The card was reissued by creating a request in the Privat-24 application. The entry into Privat-24 was made using the plaintiff's authorization. These actions could only be performed by using the financial phone belonging to him and other personal information," stated PrivatBank.

What did the court decide?

The court ruled in favor of the man. The agreement dated April 22, 2015, between him and JSC CB "PrivatBank" was deemed invalid concerning the opening of a card account in his name. The transactions for cash withdrawals from the credit card at the ATM on August 2, 2023, in the amounts of 20,000 hryvnias, 14,200 hryvnias, and 400 hryvnias were recognized as invalid, and JSC CB "PrivatBank" was ordered to cancel the interest and penalties (fines) charged for the disputed transactions. JSC CB "PrivatBank" was also mandated to restore the balance on the card account according to the agreement from April 22, 2015, as of August 1, 2023, that is, prior to the illegal operations related to the opening of the card account and the withdrawal of funds from the credit card totaling 35,991 hryvnias.

"The plaintiff, as a card user, did not contribute to the loss or illegal use of his personal identification number (code) or other information that would allow initiating payment operations; the withdrawal of funds from the card account occurred without his direction and outside of his will, and he should not bear responsibility for such operations; upon discovering the unjustified withdrawal (transfers, withdrawals) of funds, he immediately reported this fact to the bank and contacted law enforcement. Given the existence of a criminal proceeding in which the individual who unlawfully acquired the funds is being identified, the court concludes that the claims should be granted," emphasized the court.