Cardholders allowed irresponsibility

Banks will be responsible for questionable operations with plastic cards, the newspaper Kommersant on Thursday, April 21, with reference to the final edition of the bill "On the national payment system." A bill requiring banks to reimburse the customer the amount of plastic card transactions if the transaction is committed without his consent. As the newspaper notes, is now the conditions of refund to the client specified in the contract, and the banks are usually not responsible for questionable transactions. And to prevent unauthorized access to funds should the card holder. Under the project, client, if he disagrees with the transaction, shall notify the Bank no later than the day after the questionable transaction. The Bank, having received a complaint from a customer is obliged to reimburse the amount of the transaction. Experts interviewed by Kommersant, expressed bewilderment. "In practical terms, this means that any card holder after the operation it may" reconsider "and calling the bank to demand money from the bank again," - said the Director of the Department of the Bank "Renaissance Credit" Sergey Korolev. "The conditions impose on the Bank of unwarranted liability, shifting the burden of proving a violation of the order of cards or passwords from the client to the bank", - explained the director of the Legal Department of HCF-Bank Alexander Gontarenko. Thus, as the newspaper notes, if it is a controversial situation the client must prove in court their case to the bank, after the entry into force of the bill will have to defend the bankers. In this configuration, the bankers no choice but to declare a higher risk of fraud and threaten to increase in the cost of services for card. "It is obvious that these changes will greatly increase the risks associated with the threat of fraud - said vice-president of SMP Bank Helen yard. - Banks will be forced either to insure against them, directly applying the cost of insurance for the client, or to lay the risk assessment in tariffs ". President of the Association of Russian Banks (ARB) Garegin Tosunyan believes that the law, if adopted, can become quite a serious tool for fraudsters. He stated this on the air, "Vesti FM. He also noted that the current proportion is now reflected in the fact that, on the one hand, within a specified time limit, the client, when suddenly he stole a map or some kind of transaction took place, which he learned, he reports this to the bank, the taking measures and specific responsibility takes. If it happened after a very long period of time, then the court must prove which party is responsible. "Therefore, if you mean that now supposedly the responsibility lies solely on the client, then it's not quite true. Still at the bank also responsible in the event that was the fault of the bank is established. But when the client 10 days later suddenly wakes up and says: oh, you know, and since my account is written off the money, I'm here just now found out about it, you realize that there is at least the intent of the bank is clearly no, and he is responsible, of course to bear does not want to ", - said the ARB. Deputy Director of the Moscow law firm, Law and Business "Anton Isupov in a conversation with Bank.ru opined that infringe the law, first and foremost, the interests of banks. "Now the client must also immediately notify the bank about suspicious transactions. The Bank conducts an internal audit and decides to return to the client's money. In any case, the bank should not bear responsibility for suspicious transactions. Someone in the Indian restaurant twice laminated card, and once signed for the client. What does the bank? With all my dislike of bankers, in this case I have for them, "- said Isupov. Vladimir Mehryakov, director of the Academy of MDM Bank, commented on the portal Bank.ru legislative initiative: "The problem of fraud in times of crisis and post-crisis stage of development tend to worsen. This is true not only of our country and not just the banking sector. There are a number of objective factors associated with crises. If you say quite simply, that this period must simply survive. And we still are a little further the equator. In this context, when expected to enact a long-suffering bill on the National Payment System "is selected completely failed. Credit institutions have not yet had time to "fill holes" from the turbulence of 2008, and then new expenses. Therefore, it seems to me that if this bill to enact, then certainly not this year. If we assume that in 2010, a period when the crisis emerged in full, then the banks operating in retail, losses from fraud action in the millions rubles. Now this trend, unfortunately, continues unabated. Let's imagine that figure in the context of the financial system, and we see the scale of future losses of the banking sector. It will be very large. And the banks, of course, will lay the increased risks associated with losses from fraudulent activities in the rates of settlement and cash services. " According to the director of retail business ZAO Bank Intesa Tatyana Zharkova, the theme of transport on the banks of responsibility according to unconfirmed customer transactions on a map - a long time. "In theory, and now for the safety of funds in the account is responsible bank, but to prove nesanktsionirovannost transactions on the account to the client usually has the most, and sometimes in court - told the portal Bank.ru Tatyana Zharkova. Experts believe that the main cause for concern banks - the expected wave of fraud by cardholders for the rejection of truly committed transactions. In addition, the operations of counterfeit cards at the moment are not always reimbursed by both banks and insurance companies will now be compensated by the bank client. "We can expect that to protect the banks will tighten procedures for maintenance and card acceptance for payment, eligibility criteria and verification of clients in issuing cards to strengthen the control system and anti-fraud" - said Tatiana Zharkova.