After Huang Cheng got up in the morning, he dressed himself energetically, put on his newly bought coat, and took his bank card to withdraw money. Because it was too early, the bank counter had not yet opened, so Huang Chengcheng walked to the nearby ATM, intending to withdraw 2,000 yuan at one time.
However, after he stuck in the machine, no matter how he operated it, the machine would not pay for it. Huang Cheng changed to another ATM and continued to try, but the result was still the same. Just when Huang Cheng was anxious, he noticed a note with a "warm reminder" posted on the ATM, and a UnionPay logo underneath.
He carefully read the contents of the note, only to find that the bank's ATM has been upgraded, and if there is a problem, he can call the customer service ** at the bottom of the note for help. Finally, there was a reminder on the note: "Be careful to prevent criminals from stealing passwords." ”
Seeing this, Huang Cheng felt relieved as if he had found a life-saving straw, and quickly dialed 9504*** with confidence. It was quickly connected, and the customer service lady on the opposite side was also very enthusiastic. Huang Cheng described the problem he was experiencing in detail to her and asked for her help. Under the patient guidance of the customer service staff, Huang Cheng operated step by step according to the prompts, and quickly got a reply: "Please wait for a while, the system will be running normally soon." ”
After waiting for a minute or two, Huang Cheng hurriedly tried to withdraw money again, but this time he found that the 40,000 yuan on the card had disappeared. Huang Cheng suddenly realized that he must have been deceived. He immediately chose to call the police for help. Subsequently, Huang Cheng and his wife went their separate ways, Huang Cheng went to the police station to report the situation in detail and asked for help in recovering the stolen funds, while his wife stayed in the bank to inquire about the flow of Huang Cheng's funds.
After checking the bank flow, it was soon found that Huang Cheng's funds flowed to a personal account surnamed Xu, and they have not yet been withdrawn. In order to reduce the loss, the wife asked the bank to immediately freeze the account to prevent the transfer of property. However, the bank staff said lightly: "The freezing of accounts requires a certificate issued by the public security organs, and individuals have no right to request freezing." No matter how Huang Cheng's wife persuaded him, the bank just ignored it and asked for supporting documents to freeze it.
After Huang Cheng learned of the situation, he hurried to the public security organ to handle the materials required for the freezing certificate. The process required signatures, approvals, seals, etc., which took a full two hours. When Huang Cheng came to the bank with the freezing certificate, he found that it was too late, and he could only watch the money in Xu's account being transferred, and now only an empty account was frozen. Huang Cheng felt helpless and had no choice but to seek compensation from the bank. Surprisingly, the bank did not recognize Huang Cheng's claim at all.
First of all, the bank believes that the defrauded money should seek compensation from Xu;Secondly, the bank pointed out that the ** number on the "warm reminder" is obviously inconsistent with the 95*** displayed on the ATM, so it is not the ** of the bank's customer service;Finally, the bank also said that there are relevant regulations for freezing funds, and individuals do not have the right to request that other people's accounts be frozen at will. Therefore, the banks are resolutely unwilling to compensate. The two sides argued, and Huang Cheng felt powerless, so he could only sue the bank through the court.
Aunt Mu's point of view:
1.Huang Cheng is a customer of the bank and encountered the problem of being unable to withdraw money due to the malfunction of the ATM, and his help** did not give any hints or warnings, so he dialed the number displayed on the ATM. He fully believed that this number was the bank's customer service**, so he accepted everything that the person who answered ** said and followed the instructions. From this point of view, the failure of the bank's ATM caused Huang Cheng's loss, so the bank should bear the corresponding liability for compensation.
Uncle Qu's point of view:
1.The bank provided customers with warm tips on the ATM and pasted the ** number, as a customer, Huang Cheng should read and understand these tips carefully. He dialed an unfamiliar ** number without verification, and firmly believed that the other party was the bank's customer service, which was his own misjudgment. In addition, according to the bank's regulations, the freezing of other people's accounts requires a certificate issued by the public security organ, and Huang Cheng did not provide the corresponding proof, so it is reasonable for the bank to refuse to freeze the account.
To sum up, Huang Cheng's behavior after encountering the failure of the ATM has certain responsibilities and misjudgments, so the bank should not bear all the liability for compensation. The parties should engage in further mediation and negotiation with a view to reaching a mutually beneficial solution.
Legal Opinions:1According to the provisions of Article 240 of the Criminal Law on the crime of fraud, Xu X used deceptive means for the purpose of illegal possession to transfer Huang Cheng's money to his personal account, which has constituted the crime of fraud. Therefore, Huang Cheng could report the case to the public security organs and seek compensation from Xu.
2.The "warm reminder" posted by the bank on the ATM misled Huang Cheng and caused him to suffer a loss of property. According to Article 88 of the Contract Law on liability for breach of contract, the bank, as a service provider, shall be liable for compensation for Huang Cheng's losses.
3.Huang Cheng legitimately and lawfully sought from the bank to freeze Xu's account to prevent the transfer of property. According to the provisions of Article 34, Paragraph 1 of the Administrative Punishment Law on freezing, the freezing of bank accounts shall be when criminal law crimes, financial violations or criminal investigations are involved, and the public security organs may issue a freezing notice to the bank. Therefore, the bank's rejection of Huang Cheng's request was unreasonable and it should bear the corresponding liability for compensation.
4.According to Article 53 of the Contract Law, if a financial institution damages the interests of its customers due to negligence in the course of providing services, it shall be liable for compensation. In this case, the bank had the obligation to ensure the safety of the client's funds, but failed to take effective measures in the face of Huang Cheng's request, causing Huang Cheng's property to suffer. Therefore, the bank should be liable for Huang Cheng's losses.
In particular, the author points out that the relevant legal provisions listed in the above-mentioned legal opinions, as well as the above-mentioned legal opinions, are for reference only and do not have legal significance. For specific legal issues, it is advisable to consult a professional lawyer for detailed legal advice and assistance.