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A Kyivstar subscriber was granted a loan and is being asked to repay a debt of 83,932 UAH - here's what the court decided.

Киевстар выдал кредит абоненту и требует вернуть долг в размере 83 932 гривен. Какое решение принял суд по этому делу?

A man discovered that a loan of 70,930 hryvnias had been taken out in his name from PUMB. The agreement was made electronically using a one-time OTP password sent to the number of Kyivstar operator. However, he insists that the number does not belong to him and refuses to pay the debt on the loan, which amounts to 83,932 hryvnias. This information is stated in the decision of the Yaremche City Court of the Ivano-Frankivsk region, published on September 12, 2024.

On July 22, 2022, the man entered into an electronic banking service agreement for individuals No. 1010469302 with PUMB and received a loan of 70,030 hryvnias. However, he has failed to fulfill his obligations under the loan agreement for a long time, resulting in a debt of 83,932 hryvnias as of April 30, 2024. The citizen claims that the documents were signed using an electronic signature with a one-time identifier – the OTP password sent to a phone number, which serves as an analogue of a handwritten signature. However, the bank did not provide any information confirming that the number belongs to the Kyivstar operator.

What did the court decide?

The court partially granted the claim. The man is to pay the joint-stock company "First Ukrainian International Bank" the debt under the banking service agreement for individuals No. 1010469302 dated July 22, 2022, amounting to 70,042 hryvnias.

“The court established and confirmed through the examined evidence that on July 22, 2022, a banking service agreement for individuals No. 1010469302 was concluded between the parties by signing an electronic application for joining, according to which the individual received a cash loan of 70,030 hryvnias for a period of 24 months. The defendant did not provide the court with any evidence to refute the fact that he received a loan of 70,030 hryvnias under agreement No. 1010469302 dated July 22, 2022, nor any evidence that would contradict the plaintiff's calculation of the debt under the specified agreement, and did not provide his own debt calculation. Given this, such a calculation is accepted by the court as the amount of the existing debt to the plaintiff regarding the principal loan amount and accrued interest. Under these circumstances, the court believes that the plaintiff's demands for the recovery from the defendant of the principal debt of 70,030 hryvnias and the debt on interest of 12 hryvnias are justified and supported by relevant evidence,” the court noted.