A client lost 87,681 hryvnias, and PrivatBank deducted an additional 7,480 hryvnias. Here's the court's ruling on the matter.

A woman lost 87,681 hryvnias from her bank account. She filed a report with the police due to fraudulent actions committed against her. At the same time, PrivatBank additionally deducted 7,480 hryvnias for debt repayment. This is stated in the decision of the Ingulec District Court of Kryvyi Rih, published on December 19, 2024.

On December 27, 2022, an unknown individual, as a result of fraudulent actions, unlawfully obtained the woman's own funds amounting to 12,681 hryvnias and acquired 75,000 hryvnias in credit funds from JSC CB "PrivatBank." Immediately after the conversation with the unknown person, she reported the fraudulent actions to the bank's hotline and requested to block all cards opened in her name.

On December 29, 2022, based on the woman’s statement, the police initiated criminal proceedings under Part 1 of Article 190 of the Criminal Code of Ukraine. PrivatBank, realizing that she did not intend to repay the debt arising from the fraudulent actions against her, began to unilaterally withdraw funds (salary) for credit debt repayment without her consent, violating legal requirements. In August 2023, the client appealed to the court to protect her legal rights and interests. The court opened proceedings in case No. 213/3386/23 regarding her claim against JSC CB "PrivatBank" for consumer rights protection, recovery of unjustly acquired funds, and interest for their use.

On September 11, 2023, the court granted the claim and prohibited JSC CB "PrivatBank" from deducting funds from the woman's account to cover mandatory card payment obligations. On May 7, 2024, a default judgment was issued in favor of the woman, ordering JSC CB "PrivatBank" to pay her 15,382 hryvnias, plus 2,299 hryvnias in interest for unjust enrichment, and court costs. The decision came into legal force on June 7, 2024. However, despite the court's prohibition on September 11, 2023, against PrivatBank unilaterally withdrawing funds from her salary for loan repayment, JSC CB "PrivatBank" automatically deducted funds for debt repayment during the consideration of case No. 213/3386/23 in February 2024. Thus, in February 2024, the bank deducted 7,480 hryvnias from the account.

What did the court decide?

The court upheld the woman’s claim. JSC CB "PrivatBank" will be ordered to return the unjustly acquired funds amounting to 7,480 hryvnias, along with 979 hryvnias in interest for their unjust use.

"JSC CB 'PrivatBank,' contrary to the ruling of the Ingulec District Court of Kryvyi Rih dated September 11, 2023, in case No. 213/3383/23 regarding the provision of the claim, withdrew funds from the plaintiff's card to cover the credit debt arising from the fraudulent actions of unknown individuals. The respondent did not submit a response to the claim or provide any evidence to refute the circumstances presented by the plaintiff, nor regarding the amount of unjustly acquired funds and interest for their use in the specified amount. Based on the established factual circumstances of the case, the requirements of current legislation, and evaluating the relevance, admissibility, and credibility of each piece of evidence individually, as well as the sufficiency and interrelation of the evidence in their entirety, the court concluded that the claims should be fully satisfied," the court emphasized.