129773160526406250_184Bank card, book in hand, passwords never leaked, however there is a Bank of $ 82,150 has been away in liuzhou, Guangxi, Chen did not expect this kind of strange things should happen to them. Recently she deposit with any bank does not perform their duty of ensuring depositor safety obligations, Rainbow branch of Bank of China AG to court, seeks compensation for all lossesAnd lawyers charge $ 5,000 which had insufficient evidence to the Court to dismiss all claims of Chen.
Yesterday, while no wrong she said to appeal, sent to question: money in the Bank was stolen, so exactly where is safe? Within 10 minutes of being offsite yesterday, she produced a mountain of evidence material to reporters, including the 2005Rainbow, May 27 at Bank of China branches offer bank passbook, Bank of China finance VIP card, print list of banking transactions, and pleadings, judgments, and so on. Ms Chan said on March 3, 2011, she went to the Rainbow is located in Baoan South Road branch query 3 insurance accounts found in the bonus account is $ 82,150-were missing, hit list theftTime is February 13, 2011 between before and after only 10 minutes, Chen on the ATM machine bank accounts by others within $ 40,050 ($ 50 fee), $ 10 2010 ($ 10 fee), in the secondary card POS machine-20,000Million and $ 2000 for a total of $ 82,150, Yibin Sichuan
tera gold, Guangxi liuzhou, respectively the incident of stolen. March 4, 2011, after she found abnormal consumption of its bank accounts, immediately apply for the bank card stop payment procedures, and issued to the Bank of China color line branch of the emergencies in which I deposit is to steal $ 82,150 correspondence reflects theAnd that afternoon, Ms Chan to transfer the cards in the remaining $ 63,000, March 7, she reported to the shungan station. Sued the Bank was rejected in the first instance on October 9, 2011, Chen delegated Rainbow solicitor to the Bank of China branch sent a lawyer's letter, request the compensation for stolen deposit as soon as possible. On December 5, 2011, to Lo Wu Chen court litigationCourt said
tera gold, according to the People's Republic of China Commercial Bank Act provisions, should protect the interests of depositors of commercial banks are not subject to any unit and individual violations, according to the depositors and bank savings deposits formed between the nature of the contract, banks have the obligation to protect the deposits of savers bank card security, Ms Chan said she never entrusted him to withdrawals, never lost the passbook, bank card,Passwords are never disclosed to outsiders, so in her bank account deposits were stolen without any fault, responsibility should be borne by the Bank. According to Bank of China branch of the Rainbow, Chen 13 bank card records in liuzhou, Guangxi, and no record of in Yibin, Sichuan province, after receiving the reflection of Chen, Bank exhausted all means of investigation, could not confirm the Chen accountsOn the "money stolen" is a counterfeit card transactions, also believes the deal is done through the proper password, as banks must be properly performing the defendant, therefore does not assume liability to Chen.
By the road, Luohu district, after the public hearings of the Court for insufficient reasons rejected all claims of Chen. Lawyer: banks should bear responsibility savings stolen Bank pay should not be?Beijing zhongyin (Shenzhen) law firm Tan Yueqi Dr, in recent years the country has sued the bank savings deposits were stolen, savers damages litigation, in the vast majority of cases, bank depositors to make it impossible to prove that their deposits are of proof were taken by others to clone the card in different places, thus losing. But from the legal aspect, the Bank has reason to take full responsibility for. Depositors and banks have established aSavings after the contractual relationship, if the depositor bank card to be cloned, money was stolen by fake cards, note missing Bank ATM machines and other subsidiary on environmental, also said the Bank did not make the security obligations. Tan Boshi believes that depositors ' savings theft cases, the burden of proof should be upside down, that is, from banks to assume the burden of proof; or depositor only should be held "means" the burden of proof, orThe depositors are demanding. Ms Chan, for example, in the case of no set text message notifications, as depositors of the victim is often difficult or even impossible to prove that the account was stolen when brushing, real bank card in your hands. On the banks, through the banking system recorded and mastered savers such as surveillance video is impossible to know the details of the transaction, including through to transfer stolenAccess to, transfer money to other account information. In such cases
tera power leveling, only proof of bank card transactions is based on the real and complete under the correct password, form the exemption of banks. Under several provisions of the Supreme People's Court concerning the evidences of the fifth article of provisions for fulfilment of the contract dispute, borne by the parties have the obligation of proof responsibilityEither.
����In addition, if the Bank your bank cards are issued by and can easily be replicated clone, and the Bank is unable to identify withdrawal transactions voucher issued by make and the authenticity of the Bank in the protection of depositors ' savings safety processes there is a clear mistake, should therefore take full responsibility for. Online statement Gold: gold online reprint of the above content, does not indicate that permitsIndeed described it, for investor use only and does not constitute investment advice. Investor operations accordingly, at your own risk.
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