Payment on the Internet, firing or
simple carelessness, falsifying... Nobody is immune from fraud on means of
payment. Thus, according to the payment card security Observatory, the savings
rate of fraud for cards say 'interbank' (payment and withdrawal) amounted to 0,08%
of transactions for the year 2012, rising for the fifth consecutive year. The
average value of a fraudulent transaction is 125 euros, down slightly from
2011. Faced with these figures, what means are made available to consumers to
deal with the consequences?
The order of 15 July 2009 relating to
means of payment, transposing the European directive on payment services
adopted on 13 November 2007, offers the holder of payment means a number of
legal guarantees. Thus, in the event of fraudulent use of the card without
typing the code, the Bank must compensate the owner of the full amount of the
fraud. However, if the fraud was carried out with the secret code entry (the
pensioner was unwise, and the fraudster was able to recover the code), a
franchise of EUR 150 remains his responsibility. Only exception to this
principle, the consumer must support all of the fraud in the event of
fraudulent actions on his part or gross negligence (PIN noted on the back of
the card or on a paper kept with the card for example). Remains that it is for
the Bank to prove these breaches.
Proposed by banks, an average insurance
payment is intended to reimburse policyholders for theft or fraudulent use of
the cards or checks. As mentioned above, this service can be considered as
duplicate with the legal provisions in force. Some banks offer more, but
conditional, the reimbursement of the excess of 150 euros. Furthermore, the
proposed insurance generally contractually limit the amount reimbursed per
claim and per year.
To convince customers of the utility of
these contracts, they often include additional guarantees in the event of loss
or theft: official papers (identity, passport, and driver’s license card), cash
withdrawn within 48 hours prior to their flight or their loss. They also
include a helpline in the event of lost keys or even legal assistance.
Rates are variable according to the
institutions, of the order of EUR 20 per year on average.
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