PrivatBank automatically deducted 51,463 hryvnias from a man's account to settle a debt that was later annulled by a court ruling.

A man noticed the disappearance of 51,463 hryvnias from his account. He claims that PrivatBank unjustifiably conducted a deduction of this amount to settle a debt that allegedly existed since 2020 but was canceled by a court ruling. This is stated in the decision of the Central District Court of Mykolaiv, published on November 8, 2024.

According to the ruling of the appellate court dated June 1, 2021, there was an overpayment of 3,422 hryvnias regarding the repayment of a loan agreement. According to the bank's data, as of October 2023, starting from January 19, 2020, there was a debt of 36,059 hryvnias on the man's personal account. Since October 2020, he had not used the corresponding credit card and only on October 11, 2023, accidentally replenished this card with 48,041 hryvnias of his own funds. However, the bank immediately and unjustifiably deducted this amount to settle the alleged debt from 2020, which had been canceled by the court ruling. Consequently, the bank, contrary to the appellate court's decision that recognized the debt under the loan agreement as unlawful, ignored the relevant ruling and executed an unjustified deduction of funds. In response to the client's written inquiry, the bank did not return the funds.

"PJSC CB 'PrivatBank' denies the assertion of unjustifiably obtained funds in the amount of 51,463 hryvnias. Firstly, the plaintiff does not indicate in the claim that from the funds received in the amount of 48,041 hryvnias, he at his discretion disposed of 11,981 hryvnias. 'PrivatBank' has prescribed contractual deductions in the section 'General Provisions' of the agreement. According to p. 1.1.3.2.12 of the agreement, the bank has the right to conduct contractual deductions from all accounts opened by the client in the bank to repay the client's credit obligations and those of third parties where the client is a guarantor, as well as any other existing debts of the client (including those arising from the actions of the bank's employee that caused harm) due to unpaid obligations to the bank (an extract from the terms and conditions is attached). Secondly, PJSC CB 'PrivatBank' disagrees with the assertion that the plaintiff has the right to demand the recovery of funds in the amount of 3,422 hryvnias, which he considers overpaid for the repayment of a loan obligation under the agreement dated December 2, 2011, between him and PJSC CB 'PrivatBank,'” stated PrivatBank.

What was the court's decision?

The court partially satisfied the claim. PJSC CB 'PrivatBank' is ordered to pay the man 36,059 hryvnias of unjustifiably acquired funds and 3,422 hryvnias of overpaid funds, totaling 39,481 hryvnias.

"The court concluded that according to the established legal relations between the parties and the confirmed court rulings in case No. 490/421/21, the accrued amount of the debt under the loan agreement in the amount of 36,059 hryvnias should not be charged and, consequently, deducted from the account. However, in October 2023, funds were deducted from the plaintiff's card account to repay the debt under the same loan agreement in the amount of 36,059 hryvnias. This fact is also confirmed by the statements of the plaintiff's card accounts provided by the defendant. Furthermore, these circumstances were not refuted by the representative of PJSC 'PrivatBank.' Thus, the funds in the amount of 36,059 hryvnias are to be recovered from PJSC CB 'PrivatBank' in favor of the plaintiff, as well as the funds of 3,422 hryvnias, which the plaintiff overpaid for the repayment of a non-existent debt under the agreement, as explicitly stated in the above-mentioned ruling of the Mykolaiv Appellate Court," emphasized the court.