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Legal Grounds: What You Need to Know When Challenging an Unauthorized Bank Transaction
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When it comes to unauthorized bank transactions, knowing your legal rights is crucial in recovering stolen funds. If your bank refuses to take responsibility, a lawyer can help you navigate the process and increase your chances of success.
The Payment Services and Payment Systems Act (PSPS)
In Bulgaria, the PSPS outlines the obligations of both customers and banks when it comes to payment services. According to Article 79, para. 1 of PSPS, the bank must reimburse the customer if an unauthorized transaction occurs.
Notifying the Bank
The first step in challenging an unauthorized bank transaction is to notify your bank immediately. You should provide all necessary information about the disputed transaction, including any evidence you have collected.
Gathering Evidence
To successfully challenge a bank transaction, you will need to gather and present sufficient evidence that the transaction was not authorized by you. This may include:
- Bank statements showing the disputed transaction
- Copies of correspondence with the bank regarding the transaction
- Documents proving you did not carry out or authorize the transaction (e.g., evidence of location at the time of the transaction, evidence that your bank account, online banking, or mobile application was logged in from someone else’s IP address)
- Witness testimony, if applicable
Burden of Proof
In cases where a customer disputes an unauthorized transaction, the burden of proof falls on the bank to demonstrate that the transaction was authorized and not affected by any technical failure or defect. This provides additional protection for customers, ensuring that banks must provide convincing evidence of the permissibility of the operation.
Case Law
Recent court decisions have highlighted the importance of evidence in challenging unauthorized bank transactions. For example, a 2024 Sofia District Court decision ruled in favor of a plaintiff who had been misled by a phishing attack and the bank failed to prove that the transaction was authorized.
On the other hand, courts have also ruled against customers who were found to be grossly negligent or failed to provide sufficient evidence of the unauthorized transaction.
The Role of a Lawyer
A lawyer can play a crucial role in helping you challenge an unauthorized bank transaction. They can assist in gathering and presenting evidence, as well as filing complaints with regulatory authorities or lawsuits against the bank if necessary.
Conclusion
Successfully challenging an unauthorized bank transaction requires strict adherence to procedures for notifying the bank, collecting evidence, and, if necessary, filing a lawsuit. Knowing your legal rights and working with a lawyer can increase your chances of recovering stolen funds.