PrivatBank refuses to refund a woman 140,000 hryvnias she mistakenly transferred to an unknown account – here's the court's decision.

A woman transferred an amount of 140,000 hryvnias through the "Privat-24" application. The transaction was completed, but the funds did not reach the correct recipient's account. She contacted PrivatBank demanding a refund of the funds, but her request was denied. This was stated in the decision of the Shpolyansky District Court of Cherkasy Oblast, published on December 20, 2024.

On July 17, 2023, the woman made a money transfer of 140,000 hryvnias via the "Privat-24" application, with her partner, a serviceman, as the recipient. After the transaction was completed and the funds did not appear in the rightful recipient’s account, she approached the bank to resolve the issue. On July 20, 2023, the citizen informed JSC CB "PrivatBank" by communicating with bank employees through the "Viber" messenger chat.

On July 21, 2023, a request for a refund of the erroneously sent payment to a third party's card was submitted. The refund procedure involved the bank's employees contacting the man to agree on the return of the unjustly obtained funds, either directly by the recipient or through the bank. On July 24, 2023, the status of the refund request for the erroneously sent payment was updated, revealing that he refused to carry out the return and did not consent to provide his phone number. On August 11, 2023, a new request was generated to clarify the refund procedure and possible options for forced recovery. On August 13, 2023, a response indicated that attempts to contact him were unsuccessful, and therefore the bank did not receive permission for the refund. Additionally, the bank noted that forced withdrawal of funds was impossible.

According to a letter from JSC CB "PrivatBank" dated August 15, 2023, the woman was informed that the payer is responsible for the accuracy of the information provided, and the bank cannot forcibly withdraw funds from the recipient's account. It was stated that according to paragraph 3 of Article 88 of the Law of Ukraine “On Payment Services,” forced return of funds from the account of an improper recipient is carried out through judicial proceedings. It was also noted that the bank was unable to contact the recipient to obtain permission for the refund.

What did the court decide?

The court granted the woman's claim. The man will be ordered to return the unjustly acquired funds in the amount of 140,000 hryvnias.

"In her statement of claim, the plaintiff notes that the amount of 140,000 hryvnias was transferred by him in error, without any legal basis for this. The circumstances presented were not refuted by the defendant, and no evidence of contractual relations with the plaintiff was provided. Considering the above, the court finds grounds for granting the claim," the court emphasized.