After a call from Kyivstar, a woman discovered a loan of over 2,000 hryvnias taken out in her name. What was the court's decision?

A woman received a call from someone claiming to be a Kyivstar employee. Later, she learned about the existence of a loan agreement for the amount of 2268 hryvnias. She is demanding that the loan agreement be declared invalid. This is stated in the decision of the Savransky District Court of the Odessa region, published on June 10, 2022.

On November 5, 2021, an unknown person called the woman, pretending to be an employee of "Kyivstar", and informed her that a network check was being conducted, requiring her to provide a code from a message to the specified person. She complied, but after a while, upon reviewing the message more carefully on her phone, she read that this code was only valid for three minutes and should not be shared with anyone. On the same day, she noticed that her internet was not working, and later, she was unable to use her bank card as she received messages stating that the PIN code was incorrect. On November 6, 2021, financial documents and contracts from various banks regarding the provision of financial services, signed in her name by other individuals, were sent to her email.

On November 16, 2021, the woman reported to the police, and her statement was registered in the Unified Register of Pre-Trial Investigations. After contacting the Ukrainian Credit Histories Bureau, she learned about the existence of a loan agreement dated November 5, 2021, for the amount of 2,268 hryvnias.

"The plaintiff requests the court to declare the loan agreement dated November 5, 2021, concluded between her and the defendant (a financial company), null and void, and to oblige the defendant to refute the false information regarding the conclusion of this agreement and the outstanding debt under it by making the appropriate changes to the information contained in the Ukrainian Credit Histories Bureau regarding her credit history," the case materials state.

From the extract provided by the woman to the court from the Unified Register of Pre-Trial Investigations, it is evident that on November 16, 2021, her written statement was received by the police, indicating that on November 5, 2021, an unknown individual, by abusing trust, obtained the applicant's data via a mobile application and arranged several credit loans in her name. This statement was registered in the ERDR under №12021167180000184 on November 16, 2021.

What was the court's decision?

The court partially satisfied the woman's claim. The financial company was ordered to refute the false information about the concluded loan agreement dated November 5, 2021, and the outstanding debt under it by making changes to the information contained in the Ukrainian Credit Histories Bureau regarding her credit history.

"Considering the above, and the fact that the disputed loan agreement was not concluded, in order to protect the violated rights of the plaintiff, the court concluded that the claim requirement for the defendant to refute the false information about the conclusion of this agreement and the outstanding debt under it by making the relevant changes to the information contained in the Ukrainian Credit Histories Bureau regarding her credit history should be satisfied," the court emphasized.