fact-ua.com

A man lost 49,998 hryvnias and PrivatBank demands he settle his loan debt. Here’s what the court decided.

Мужчина задолжал 49 998 гривен, а ПриватБанк требует погасить кредит. Какое решение принял суд?

A man lost 49,998 hryvnias from his credit card. However, PrivatBank is demanding that he repay the debt on the credit agreement amounting to 58,911 hryvnias. This is stated in the decision of the Central District Court of Mykolaiv, published on January 30, 2025.

The man approached JSC CB "PrivatBank" to obtain banking services. To use the credit card account, he received a credit card. Subsequently, the credit limit was increased to 75,000 hryvnias. The client failed to fulfill his obligations under the credit agreement properly, resulting in a debt of 58,911 hryvnias on March 21, 2023.

The citizen objected to the claims and did not fully acknowledge them. He confirmed that on August 11, 2011, he signed an application form to join the terms and conditions of banking services. However, he stated that no conditions for the provision of banking services were agreed upon in these applications, and no other terms for providing banking services were discussed with him, nor were any tariffs or conditions presented for his review or agreed upon and signed by him. Furthermore, on July 23, 2022, a sum of 49,998 hryvnias was withdrawn from JSC CB "PrivatBank" without his knowledge through criminal means. In a phone conversation, a representative of JSC CB "PrivatBank" confirmed the fact of criminal interference in the bank's security system and advised him to block all accounts and report the incident to law enforcement. All recommendations were fully implemented.

What did the court decide?

The court denied PrivatBank's claim. The withdrawal of funds from the man's card account occurred without his instruction, and he should not bear responsibility for such transactions.

"PJSC CB 'PrivatBank' did not provide sufficient and admissible evidence proving that the defendant, as the credit card user, facilitated access to information regarding the credit card, his account, or the 'Privat-24' mobile application, or that there was illegal use of the PIN code or other information that enabled the initiation of payment transactions on July 23, 2022, resulting in the withdrawal of 49,992 hryvnias from his card account. The plaintiff did not prove that the defendant, as the owner and user of the card, facilitated access to his card account or provided information to third parties that allowed the initiation of payment operations. The withdrawal of funds from the card account did not occur at his instruction, and he should not bear responsibility for such transactions. Upon discovering the unjustified withdrawal (transfers, withdrawals) of funds, the plaintiff reported this to the bank and contacted law enforcement. Considering the above, the court emphasizes that the plaintiff's claims should be denied in full," the court stated.