A CHANCE FOR SALVATION. THE COURT PROTECTED THE BANK'S CLIENT FROM FRAUDSTERS

A CHANCE FOR SALVATION. THE COURT PROTECTED THE BANK'S CLIENT FROM FRAUDSTERS

A CHANCE FOR SALVATION. THE COURT PROTECTED THE BANK'S CLIENT FROM FRAUDSTERS
The bank appealed to the court with a claim to the citizen for the recovery of funds under the loan agreement, and the defendant filed a counterclaim for recognition of the contract as not concluded.


The courts of three instances satisfied the bank's claims, rejecting the defendant's objections.

The Supreme Court of the Russian Federation sent the dispute for a new consideration (the Ruling of the Supreme Court of the Russian Federation dated 18.07.2023 No. 46-KG23-6-K6), noting the following:

"According to the printout of the plaintiff's phone calls, the citizen did not make calls to the bank, and the bank did not contact the plaintiff, while the disputed loan was issued from a number not belonging to the plaintiff.

In addition, the plaintiff was recognized as a victim in the criminal case of fraud, and the bank had to take this circumstance into account, being a professional participant in the turnover."


21.09.2023