A woman took out two loans from PrivatBank and spent 213,135 hryvnias. What was the court's decision?

A client of PrivatBank experienced a malfunction with her phone. Subsequently, she discovered that loans had been issued without her consent, resulting in a total expenditure of 213,135 hryvnias. This information is detailed in the ruling of the Lenin District Court of Mykolaiv, published on December 23, 2024.

On July 1, 2024, the woman's phone number ceased to function. In response, she blocked her card, issued under a contract dated April 20, 2022, via her account in the bank's remote customer service system, and received a confirmation message from the bank. Using her husband's phone, she contacted PrivatBank's customer support, where she was informed of the card blocking confirmation. After restoring her phone service, she learned at the bank branch that on July 1, 2024, unknown individuals had gained access to her account in the "Privat-24" system and executed three payment transactions totaling 6,231 hryvnias from the blocked card between 21:23 and 21:31, subsequently transferring these funds to an account in another bank. Additionally, on the same day, a credit agreement was issued in her name for 180,000 hryvnias, with 9 payment transactions totaling 179,493 hryvnias made against the credit limit between 21:41 and 21:47; under this agreement, 2 payment transactions totaling 33,642 hryvnias were made at 21:36, and a credit card with a credit limit of 34,000 hryvnias was issued, where 2 payment transactions totaling 33,642 hryvnias were also executed at 21:36 against the specified agreement.

"On July 1, 2024, through the payment application of the 'Privat-24' system, the plaintiff conducted payment transactions from 21:23 to 21:47, resulting in a total deduction of 218,386 hryvnias from her accounts. The transfers were made to cards of Idea Bank and JSC 'TASCOMBANK'. Following an internal investigation, the bank established that access to the 'Privat-24' system was obtained using information that she should not have disclosed. Access was granted using the plaintiff's financial phone number, with the correct login and password entered for 'Privat-24'. After entering the correct password, she received a call asking for confirmation of the login; the client pressed 'ok' and accessed the 'Privat-24' system," - stated PrivatBank.

What punishment did the court impose?

The court partially upheld the claim. Transactions from July 1, 2024, involving the transfer of funds from the card account totaling 6,231 hryvnias were deemed illegal, and the joint-stock commercial bank 'PrivatBank' was ordered to return the funds amounting to 6,231 hryvnias by restoring them to the card account opened in her name. The request to recognize the absence of any claim against her regarding the agreements dated July 1, 2024, was denied.

"The court concludes that there is insufficient evidence to impose liability for the unauthorized withdrawal of funds on the plaintiff; therefore, the transactions from July 1, 2024, involving the transfer of funds from card accounts totaling 213,135 hryvnias should be declared illegal. Meanwhile, as established by the court, she did not take any actions to apply for a loan. An unknown individual exploited the plaintiff's personal information to secure a loan in JSC CB 'PrivatBank' under her name. She became a victim of fraudulent actions by others. However, she does not seek to have the disputed agreements declared invalid but only requests recognition of the absence of the defendant's rights to claim under the aforementioned agreements, arguing that in this case, the bank did not initiate debt collection through judicial means, making the proper way to protect the plaintiff's rights in this regard the recognition of the absence of the defendant's right to claim against her for the debts under the agreements. The claim to recognize the absence of the defendant's right to claim under the disputed agreements is not subject to satisfaction due to its premature nature," - emphasized the court.