Legal advice: how to protect yourself from unscrupulous banks

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During the active development of digital technologies, as it turned out, the user can not only benefit from their use, but also ... incur a loss.

how to save money

The expert spoke about how not to become a victim of unscrupulous banks.

At yesterday's conference on finance and digital technology, experts discussed innovation and technological solutions that are constantly emerging and provide users with new opportunities. However, as it turned out in practice, at least in our country, the use of digital channels without appropriate paper confirmation can lead to financial losses for end consumers. This was told by Rostislav Kravets , a well-known attorney and lawyer, senior partner at Kravets & Partners.

According to him, the main thing that legal companies and their clients face is the confirmation of the funds being credited to the account. It would seem that in our time of rapid development of technology, when people were able to transfer funds to each other and credit them to their accounts using electronic channels, this turned out to be a potential threat to their money. Without paper confirmation, these transactions may not be confirmed.

As the expert noted, the bankruptcy of 76 banks in Ukraine showed that our legislative field is absolutely not ready for a digital society. A striking example of this is the bankruptcy of Delta Bank, which offered an online deposit service. After the administration entered the bank, most of these online deposits simply disappeared. A similar situation could be observed recently in the Mikhailovsky Bank.

What about the electronic confirmation of user transactions? Privatbank, for example, encourages to perform all operations, including replenishment of a deposit account, through an ATM and terminal. These devices issue a receipt on thermal paper, which is subsequently not recognized by the bank employees themselves as proof of the transaction.

Mr. Kravets also told such an example from his practice. His client, who had 200 thousand euros on his account, was unable to receive his deposit. The bank's official response indicated that its account had come under the control of financial monitoring. The reason for this was the following: 200 euros, which the client had deposited into the account two months ago, turned out to be fake. Therefore, until a check is carried out within a certain period of time (and this is often several months), all client accounts will be blocked.

Rostislav drew attention to the fact that the check from the terminal must have an electronic digital signature (at the very bottom of the check) to be recognized as valid and used as evidence. At the same time, in the event of a dispute, the banks themselves require a wet seal directly on this check. Therefore, the lawyer advised, in modern conditions of technology development and in accordance with the current legal requirements, not to use digital services without paper confirmation. For example, in the case of an online deposit, it is better to spend time going to a bank branch to get a paper deposit agreement.

Mr. Kravets also spoke about a case from the practice of collecting payments for services connected to the card, even after the expiration of its validity period. For example, after the expiration of the term, the client, without knowing anything, continues to remain connected to SMS informing. After two to three years, the bank notifies the user that his debt is about 3-4 thousand hryvnia. In order not to pay for the "ghostly" service, the lawyer strongly advises at the end of the card or after the payment of the loan to go to the bank and demand a certificate of termination of all relations with this financial institution.

As Mr. Kravets noted, the amount of cases he won in the courts against Privatbank alone is 8.5 million UAH.

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Earlier, the National Bank demanded that banks conduct more thorough financial monitoring of card transactions of companies and citizens, including freezing the movement of money in accounts and blocking cash withdrawals from ATMs and cash desks, if the slightest suspicions about the purpose of the transactions arise.
 
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