Customers who were victims of scams could have been reimbursed if their bank had taken a simple step on time. A procedure which, according to Maître Aubane Malvezin, lawyer in consumer law and banking law, should be compulsory.
Victims of scams are not always protected as they should be. Very often, the bank seeks to oppose the “gross negligence” of the customer for not reimbursing him, when he has just been defrauded of hundreds, even thousands of euros. However, even if we take all security precautions with codes intended to verify our identity, no one is safe. Maître Aubane Malvezin, lawyer at the Aix-en-Provence Bar in consumer law and banking law, has seen many situations that are often unfair.
This is the case when we send money to a scammer without immediately realizing that he is pretending to be our bank, or the anti-fraud service or the taxes for example. “When a customer validates the transaction actually initiated by the fraudster and the funds go to a third-party account, you should know that banks have access to this type of information“, the lawyer explains to us. Worse: they could sometimes rectify the situation and recover the money thanks to a simple procedure that they do not always put in place on time. “Banks don’t always play the game, lag behind or only do it half-heartedly“, deplores Maître Aubane Malvezin.
This funds recall procedure, which banks are supposed to put in place, also called “recall” procedure, consists of the debited bank requesting a return of funds from the beneficiary bank on the grounds of the fraudulent nature of the transfer made. Unfortunately, “this is only a possibility for banks, there is no obligation“, she tells us. Above all, the bank must be informed of the fraud as soon as possible, within a day or two at most. “The quicker the fraud is reported to the bank, the greater the chance of seeing part of your funds returned.“, Aubane explains to us.
But some banks go even further.by conditioning the fund recall process on the filing of a complaint by the victim with the aim of drawing information “incriminating” from their clients, to accuse them of their negligence in the fraud, which is illegal“, denounces the lawyer. Thus, certain clients are starting to obtain convictions from their banks for “its failure to implement the recall of funds“. Aubane Malvezin recommends that its clients immediately make a written complaint to their bank in order to keep a record of the date on which the banking establishment was informed.
Also, if the bank refuses to reimburse you, be aware that it will offer you recourse to the banking services mediator, who is nevertheless in high demand, and who risks putting “months or even a year or more to make a simple return to the request made to him”, the lawyer tells us. It is in the victim’s best interest to first seek advice, contact a consumer rights association such as Que Choisir Ensemble, in order to obtain an initial opinion on their situation, then go see a lawyer who practices this modern and complex matter..
Thanks to Maître Aubane Malvezin, lawyer in consumer law and banking law, partner and Vice-President of the Aix association for the defense of consumer rights QUE CHOISIR ENSEMBLE.
