A woman is suing Oschadbank over a credit debt of 103,803 UAH. What was the outcome of the case?

Oschadbank has presented a woman with a debt notice for her loan amounting to 103,803 hryvnias. However, she filed a counterclaim demanding the return of funds that were fraudulently withdrawn. This was stated in the decision of the Rozdilna District Court of the Odessa region, published on December 31, 2024.

On September 6, 2019, the woman was granted a loan totaling 90,000 hryvnias through the establishment of a credit line on her card account. JSC “Oschadbank” fulfilled its obligations, but the borrower unilaterally refused to fulfill her commitments, resulting in a debt that as of June 7, 2023, amounts to 103,803 hryvnias, of which:

• debt on the principal (loan) - 89,946 hryvnias;
• interest for using the loan - 11,190 hryvnias;
• commission for cash withdrawals from credit funds - 2,667 hryvnias;
• 3% annual fee for late repayment of the principal (loan) - 0.26 hryvnias.

On October 26, 2023, the woman approached the court with a counterclaim against the joint-stock company “State Savings Bank of Ukraine” for consumer protection and the recovery of unjustly withdrawn funds. On August 27, 2019, she entered into a contract with the public joint-stock company “State Savings Bank of Ukraine” for the establishment (increase) of a revolving credit line, requesting a credit of 90,000 hryvnias to be allocated to her card account, which she received on September 6, 2019. She later fully repaid the loan, and the specified funds remained in her card account.

On July 6, 2022, funds from her credit card with the “State Savings Bank of Ukraine” were fraudulently stolen, totaling 90,000 hryvnias, along with funds from all her bank cards. The total damage amounted to 95,650 hryvnias. The woman immediately contacted JSC “Oschadbank” to recover the funds, but received an SMS notification from the bank stating that her cards were blocked. She filed a report with the police, which initiated a criminal case under part 1 of Article 190 of the Criminal Code of Ukraine, later reclassified to part 3 of Article 190 of the Criminal Code of Ukraine in the Unified Register of Pre-Trial Investigations on July 7, 2022, and the pre-trial investigation is ongoing.

What did the court decide?

The court granted the claim. The woman is to pay the joint-stock company “State Savings Bank of Ukraine” the debt under the contract for comprehensive banking services for individuals and the opening of a current account using electronic payment means (payment card), which as of June 7, 2023, amounts to -103,803 hryvnias.

"The court believes that by effectively using her financial phone number, the defendant exhibited negligence that could have facilitated the illegal use of her financial phone, unauthorized access to her card account, and the execution of payment transactions, for which she is held responsible," the court emphasized.