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Sunday, June 16, 2024

We check the accounts: where do the debts to banks that you do not know about come from (these are not always scammers)

 For many, it is a revelation of what is really going on with their bank accounts. You come to the office on one case, and the operator asks if you want to close five long-opened accounts. You have already forgotten to think about them, but they are. Sometimes it is not without scammers who can take possession of personal data even without our opinion. But how do you know about it? First things first – in our instructions.

Can I open an account or card without my knowledge?

According to the law, they cannot. In practice, it’s easy.

In accordance with paragraph 5 of Article 7 of Federal Law No. 115, credit institutions are prohibited from opening bank accounts and deposit accounts for customers without the personal presence of the person himself or his official representative.

But such incidents are not uncommon. For example, this year the Supreme Court received the case of a resident of Kazan, who was opened a bank card without his knowledge, and on which he allegedly made transactions. Moreover, the card was issued in the Rostov region. According to the case file, it was opened on the basis of an application for banking services, but the applicant had never been to the Rostov region. He generally learned about the existence of the card from the tax service. Then the man asked the court to declare the contract on opening the card invalid and compensate him for moral damage and legal expenses. But the courts of first instance repeatedly rejected his claims. In the case file there is even a letter from the top manager of the bank, in which it was reported that “fraudulent actions were committed against the plaintiff by third parties, but it is not possible to establish the involvement of bank employees in this situation due to the prescription of the event.”

The Supreme Court reversed the decisions of the first instance and sent the case for a new trial.

How do scammers steal money from bank cards?

The number of scams is growing every year. In 2019, the Central Bank recorded 576,566 fraudulent transactions worth 6.4 billion rubles. These are transactions that took place without the consent of customers using electronic means of payment: bank cards and electronic wallets. Banks reimbursed customers 935 million rubles – this is 15% of all such transactions, or every seventh stolen ruble.

In 2020, attackers stole almost 150 billion rubles from civilians. At the same time, according to the results of a study conducted by BrandMonitor based on VTsIOM data, most often people are faced with fraud with bank cards, and the average damage to Russians from telephone scammers in 2020 ranged from 27 to 50 thousand rubles.

Basically, thefts occur after a person himself calls his personal data to fraudsters. (These are the cases when they call and introduce themselves as bank employees and a person happily tells everything about himself). But there are more sophisticated ways for which secret data is not needed. For example, code selection, duplicate SIM card and false uming.

“The card number, the name of the owner and the phone number can be obtained from open sources,” says Sergey Golovanov, chief expert at Kaspersky Lab. – For example, if a person sold something on the Internet and he was asked to throw off the data in order to transfer money for the purchase. When there is a card number and the name of the owner, fraudsters are stopped by several digits: CVV and card expiration date. There are a huge number of online stores where they enter this information and try to make a purchase. Fraudsters select a CVV number from 001 to 999: as soon as the payment has been made, this means that the CVV number is correct.

The selection takes place automatically using software and special scripts. At the same time, SMS about the purchase may not come at all – there are online stores where you do not need to enter a one-time password from SMS for a purchase and the write-off occurs immediately. If criminals need incoming messages with passwords, then they can try to make a duplicate SIM card.

– This is a story about not very conscientious employees of mobile operators. A person comes to the salon of cellular communication with a power of attorney to reissue a SIM card. The employee looks at the person and believes him that the SIM card has been lost,” says Sergey Golovanov. – He sees that a person came, showed his passport and he does not look like the one who owns the SIM card, but he has a power of attorney. Therefore, the employee decides to release a duplicate, not necessarily with malicious intent. After that, two cards appear on the network. Moreover, the first one may not be blocked immediately, it all depends on the operator: they can work together for a certain period of time. They can also hack into a personal account on the website of a mobile operator and read all SMS in the browser, attackers know how to do this.

I was approved for an application that I did not submit. What to do?

Reporting that you’ve been approved for a loan application that you didn’t submit is a marketing ploy like cold calling.

“When they write that the application has been approved, and even write the application number, this is to give more weight to their message,” says lawyer Damir Sadritdinov. – The fact is that if you are a normal client of the bank, then information about you, about your phone is everywhere. For example, if I, as a private person, want to choose a client to whom I can give money at interest, I can easily buy this database on the information market and sit on it and call it. Because I will know that they have a normal credit history, and if they repaid five, six, seven loans before me, then they will most likely repay my loan too.

But it’s one thing when you receive credit spam from a bank of which you are a client (for example, you have a salary card issued there), and another if the message comes from completely incomprehensible and dubious companies. In addition to banks, your data can easily end up in the hands of microfinance organizations (MFIs) and credit cooperatives. All the necessary bank data of borrowers, according to experts, have been walking on their hands for fifteen years.

“Nowadays, the disclosure of personal data exceeds all boundaries,” says lawyer Andrey Konyshev. – This is so accessible to banking structures, MFIs and other organizations, fraudsters that it is impossible to reinsure yourself in this part – I simply do not see a way out of this situation. When you receive these kinds of messages or calls, it means that your confidential information has already been leaked to some sources. Very often we see from articles when Sberbank was repeatedly hacked by hackers and received personal information. And it contains, among other things, a phone number, last name, first name, patronymic. Naturally, there, most likely, there are passport data.

If you want to punish annoying spammers who have your data, you can contact the police with a complaint about the imposed advertising. But whether you will achieve your goal is a big question.

“In fact, this is an imposed advertisement, when a person is not just offered to take a loan, but is convinced that this loan has been approved for him,” says Andrey Konyshev. “But the police officers, I think, will not do this. The most they can do is check the phone number from which you were called. At the same time, it often happens that they call not even from landline, but from cell phone numbers. They will check and understand that the number does not belong to a legal entity, not to a bank, but to some individual. And there are no grounds to bring an individual to justice.

How to protect yourself?

If you are worried about the state of your bank account and your credit history, you can make a monthly request to the credit bureau and see if any loans have been issued in your name. This procedure can be done for free twice a year, and for money – at least every day. The cost of one request is from 400 to 1000 rubles, depending on the service.

Can the bank take the debtor’s debit card into the red?

This is only possible if you have a card with an overdraft function.

“An overdraft is an account lending, that is, the provision of funds by the bank in the event that there is not enough money in the account to make a payment,” says lawyer Andrei Plotnikov. – What is important here is how this overdraft is specified in the contract. If the card is without it, then there should be no write-offs in the red, unless it was some kind of technical failure. In this case, the writ of execution goes to the bank, becomes in the so-called card index, when all the requirements presented to the account stand in the queue and wait for the receipt of funds in the account, and as soon as the money arrives, payments are made in accordance with the order.

But any loan, including an overdraft, must be spelled out in the contract with the client. If this is not the case, the client cannot go into debt. In this case, the bank can write off only the available money in the account. When they are not enough, the write-off occurs after the account is replenished by the client, exactly until the entire debt is repaid. So you should carefully read the entire contract – according to experts, the bank can hide the overdraft clause in the general service rules, which customers usually scroll through.

Can the bank charge a fee for using a card that I have not used for a long time?

The bank may charge you a fee for servicing the card until it expires. And in addition – a fee for additional services. For example, for SMS informing about card transactions. This money is debited from the account, even if no transactions on the card take place.

“Let’s say you have fully paid off your credit card debt and think that now you don’t owe anything to the bank, but in fact, due to the write-off of commissions, there will be a minus on your account,” says lawyer Andrei Plotnikov. – The owner of a debit card can also become a debtor if an overdraft is connected to the card. When the bank writes off the commission on an account on which there is no money, the balance will go into the red. You will have a debt, which will be reflected in your credit history. Moreover, your debt can be a very small amount – a couple of hundred rubles – and your credit history will be damaged. So the main rule: if you are no longer going to use a card, you need to close the account to which it is linked and cancel the card.

How do I know which banks I have open accounts with and how to close them?

The most convenient way is to view your accounts in the taxpayer’s personal account on the website of the Federal Tax Service of Russia. Closed and open accounts will be displayed there. You can close your account at the branch of the bank where it is opened.

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