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Banking cases

1. Debts offset against balance account

366/11

The bank set off  the complainant’s overdue debts against his unemployment allowance account  balance of 636 € without  prior notification. Following our intermediation, the said amount was refunded to his account.

2. Change of interest rate

121/09

According  to  the complainant’s  housing  loan agreement, changes in interest rates  followed  those  of Euribor.  However,  between  2006  and  2009,  the interest  rate  of  his loan  increased   despite Euribor’s   repeated  decreases. H.O.B.I.S  recommended   the bank,  based  on  applicable  provisions , to properly apply the specific contract term and to refund the amount of interest which had been unduly paid.

3. Delay charges

1261/11

A customer’s account was debited with “delay charges” concerning the monitoring of his loan, due  to  overdue debts. Following  our  intermediation, in accordance  with the  applicable  provisions, the bank refunded his account with  the  relevant  amount.  Moreover, the bank  informed H.O.B.I.S. that the above charges were abolished.

4. Refusal to mortgage extinction

1372/11

Despite the full repayment of her housing loan, by depositing the relevant amount, the bank refused to consent to the extinction of the mortgage, demanding the repayment of a business loan which she had guaranteed. Following our intervention, the bank immediately proceeded to the extinction of the mortgage.

5. Card stolen by diverting the holder’s attention

1018/10

During a cash withdrawal at an ATM, the complainant’s card was replaced by another card by strangers, who diverted his attention. As they had already captured his PIN when he typed it, they subsequently made successive withdrawals of 2,200 € from his account. Given that this was not a case of electronic theft and the correct PIN was used, his request for refunding of the relevant amount was not granted.

6. Fraud “Lebanese loop”

1374/10

A bank customer tried, unsuccessfully, to withdraw cash from an ATM with his card because the ATM shut down and the machine retained his card. A stranger informed him that he had faced the same problem the day before.  Despite the cardholder informing the bank of the problem within the next 10 minutes, 7 withdrawals, totalling 2,600 €, had been made from his account.  The investigation revealed that he had been the victim of a common scam, often known as the “Lebanese loop”, where a fraudster tampers with the ATM so that it appears to “swallow” the customer’s card. And having carefully observed the customer using the machine, the fraudster knows his PIN. H.O.B.I.S. upheld his complaint and recommended the bank to refund the above amount. Accordingly the bank credited his account with 2,600 €.

7. Disputed card transactions

802/11

The complainant’s credit  card  was stolen  from his  bag  in the subway. Until cancellation,  the next day, the card  had  already been used for unauthorized transactions  totalling  7,300 €. The  bank refunded the amount of 3,147.48 € due to lack of supporting documents provided by the shops. After considering all the evidence, we recommended the reimbursement of the rest of the disputed transactions, on the grounds that there had been a split sale and the bank had not acted promptly to avert further fraudulent use of the card.

8. Phishing scam

1043/11

A  debit  card  holder  provided  his  card number and PIN by responding to a fraudulent e-mail message claiming to come from his bank.  As a result her account had been debited with two withdrawals totalling 1,200 €, with a cloned card.  The card issuer refused to remove the transactions. However, HOBIS recommended the bank to re-credit the above amount based on the fact that the said withdrawals were made using a cloned card.

9. Delay of loan disbursement

133/11

After singing, in August 2011, a loan agreement of 160,000 € for the construction of a photovoltaic power station and despite the presentation of all required documents, the bank delayed to disburse the said amount. As a result of our intermediation the bank disbursed the amount.