“After talking with the pseudo-representative of Kyivstar, the woman discovered that 69,343 hryvnias were missing from the PrivatBank account and that she had issued loans for a total of 59,498 hryvnias. The woman received a phone call from an alleged employee of Kyivstar. Under the guise of extending the validity period of the SIM card, he criminally took possession of monetary assets in the amount of 69,343 hryvnias and issued loans in the amount of 59,498 hryvnias. […]”, — write: businessua.com.ua
After talking with the pseudo-representative of Kyivstar, the woman discovered that 69,343 hryvnias were missing from the PrivatBank account and that she had issued loans for a total of 59,498 hryvnias.
Woman received a phone call from an alleged employee of Kyivstar. Under the guise of extending the validity period of the SIM card, he criminally took possession of monetary assets in the amount of 69,343 hryvnias and issued loans in the amount of 59,498 hryvnias. This is stated in the decision of the Khmelnytskyi City District Court, published on February 3, 2025.
On June 11, 2023, text messages were received on the mobile phone of the Kyivstar subscriber with information about transactions for the transfer of funds from the “Universalna” payment card in the total amount of 69,343 hryvnias. Since the transactions took place without her consent, she asked PrivatBank to block the card opened in her name. However, a loan agreement for the amount of 3,500 hryvnias and a loan agreement for the amount of 55,998 hryvnias were issued from the blocked card. She did not give any instructions to the bank about increasing the credit limit or credit funds, she did not divulge any information that could lead to the withdrawal of funds. In addition, she notes that the illegal activity of the bank violated her right to own, use and dispose of her money, which led to a violation of her usual way of life and caused her moral suffering.
“On June 12, 2023, the plaintiff turned to the police with a statement that on June 11, 2023, an unknown person, by breach of trust, calling from a phone number, introducing himself as an employee of PJSC “Kyivstar”, under the pretext of extending the validity period of the SIM card, fraudulently took possession of money in the amount of 7,057 hryvnias, which were on the bank cards of JSC CB “PrivatBank”, that belonged to her, which were transferred to an unknown account in her name, in the amount of 55,998 hryvnias, causing the last material damage to the amount of 126,573 hryvnias. On June 13, 2023, criminal proceedings were initiated under Article 190 of the Criminal Code of Ukraine In 2023, it can be seen that a money transfer was made to the plaintiff’s account on June 11, 2023. A “Payment in installments” credit was also issued in the Comfy online store,” the court case documents state.
What decision did the court make? The woman’s claim was partially satisfied. The court recognized as unlawful and illegal the demand of the joint-stock company “Commercial bank “PrivatBank” for the return of money under the loan agreement in the amount of 3,500 hryvnias in the consumer center “Fast Money” and under the credit agreement for other consumer needs in the amount of 55,998 hryvnias. Unlawfully debited funds in the amount of 11,810 hryvnias, moral compensation in the amount of 5 thousand hryvnias will be collected from the financial institution in her favor.
“Arguments of JSC CB PrivatBank to the fact that the plaintiff violated the terms and conditions of the provision of banking services, as her actions contributed to the illegal use of information that gave a third party the opportunity to initiate payment transactions, do not deserve attention, since such evidence is limited to assumptions that are not supported by evidence. The defendant did not prove that she lost and/or contributed to the unauthorized use of personal identification number or other information that enables the initiation of payment transactions. The court found that the inability of the defendant to protect their clients’ money caused her moral suffering. And therefore, in the opinion of the court, the amount of this compensation, which is subject to recovery from the defendant, must be determined in the amount of 5 thousand hryvnias. Evaluating the established, the court comes to the conclusion that JSC “PrivatBank” is illegal. according to the loan agreement in the amount of 3,500 hryvnias in the consumer center “Fast Money” and according to the credit agreement for other needs of the consumer in the amount of 55,998 hryvnias to her, to collect from the defendant in her favor the funds written off without grounds in the amount of 11,810 hryvnias and moral compensation in the amount of 5 thousand hryvnias,” the court emphasized.
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