Fraudulent use of bank cards

If fraudulent debits are noted, it is in the bank card user’s interest to object as quickly as possible.   How to object? The bank card user must call their bank or the telephone number indicated by their bank for oppositions or the interbank telephone number reserved for oppositions (these numbers operate 24/7). . During this call, a registration number must be given to the user in order to have a dated trace of their opposition request, which may be useful in the event of a dispute. Then,  the user must confirm their request by registered letter with acknowledgment of receipt or on site, at the counter.    The user can only make an opposition request by putting forward one of the following three reasons: - loss of bank card, - theft of the bank card, - observation of the issuance of one or more payment orders given by one or more people other than himself (fraud on the part of a merchant, fraudulent use on the internet, etc.).   Need for a complaint? The complaint is not obligatory. The holder of a bank card, in his capacity as a consumer, is protected by the law in all cases, whether he files a complaint or not. Time limit? The user must act as quickly as possible. He has an obligation to demonstrate vigilance and responsibility: the bank will be justified in reproaching him for negligence if he delays in requesting opposition.   In practice: - the user must telephone within 2 or 3 days following the moment when he becomes aware of the loss of the card, its theft or the existence of operations carried out without his consent, - the user must pay great attention to checking the account statements associated with their card: if one of them includes payments made without their agreement, they are at fault if they do not report them within 70 days following the date of issue of the account statement concerned.     The consequences? The user of the card cannot request to make it valid again after having requested the opposition (even if he finds it after having believed it lost or stolen).   Payments after opposition No payment order can be entered on the debit of the bank card after the date of the opposition request. Otherwise, it is a fault of the bank: it has the obligation to rectify its error. This rule applies to orders relating to single operations as well as those relating to series of operations. Thus, for example, if the user has agreed to pay in several installments for the purchase of a good or service, the bank cannot trigger payment of the outstanding installments (to honor the due dates concerned, the user reschedules the payment by another means).   Payments prior to opposition If the user has requested the opposition within a reasonable period of time, payments corresponding to operations carried out without their agreement are reimbursed after possible deduction by the bank of part of the sums committed (up to €150). This reimbursement obligation weighs on the bank, whether or not the user of the bank card has taken out specific insurance guarantees.   If the fraud has caused the account to be overdrawn and the bank has charged fees, the user can request reimbursement of these sums in their letter.

In the event of a dispute with the bank:  Users who have difficulty obtaining reimbursement or revocation of payments associated with an opposition request from their bank can contact the banking mediator.   If the dispute remains after the intervention of the banking mediator, the user can enter, depending on the amounts involved:  - the local judge (less than €4,000), - the district court (between €4,000 and €10,000), - the high court (more than €10,000).