Risk to bank customers
Regardless of whether the boyfriend needs to withdraw money or run errands quickly – many people have probably already given their own bank card and PIN number to them. The transfer is associated with risks, but is at your own discretion, so that it is entirely permissible to authorize another person to use your own bank card. Even if this process is permissible, the question arises as to whether the authorized representative’s bank is allowed to access the respective account if the bank suspects misuse of customer data.
Court ruling creates clarity
The Hamburg Regional Court has now clarified this question with a court ruling: Without a contractual basis, a bank may not unauthorized access to the authorized representative’s current accounts, even if they suspect abuse by third parties. The case that led to the later proceedings is particularly tragic. The defendant helped his seriously ill brother out by taking errands for him. This also included shopping and withdrawing cash. So that he could even take on these tasks, the defendant had received the giro card with the PIN number from his brother. When the seriously ill brother finally died, the defendant continued to withdraw money from the account. At the hearing, he explained that this was used, among other things, to settle the deceased’s outstanding bills and to pay for the funeral.
The bank accessed the account improperly
It became problematic for the defendant when the pension insurance continued to debit payments from the deceased’s account and this subsequently slipped into the red. The bank then first demanded the amount back from the defendant and then withdrew the amount from the account of its own accord, since it was the same bank. In addition, the bank initiated a negative Schufa entry. The defendant defended himself and arranged for the case to be heard before the Hamburg district court.
Victory before the Hamburg district court
The defendant was able to book a victory in court, because both the district court and the regional court in Hamburg agreed with him. The court ruled that passing on one’s own bank card, including the PIN number, was typical behavior at one’s own discretion and held that the defendant was able to credibly demonstrate in court that his brother had given him the consent to use the bank details. The financial institution, however, could not substantiate the suspicion of abuse, so that unauthorized access to the defendant’s account was declared inadmissible. The defendant won the court case and the financial institution had to reverse both the debit and the negative Schufa entry.
Finanzen.net editorial team
Image Sources: Stokkete / Shutterstock.com