With the explosion of instant transfers, free throughout the European Union since the start of the year, banks will soon have to check the match between the beneficiary's name and account number.
This obligation, which will come into full force by October, aims to limit bank fraud, even if the final responsibility for the transfer remains with the customer. A recent ruling from the Court of Cassation recalls the importance for users to control the information provided themselves, reports The Parisian.
A fake IBAN
While wanting to treat themselves to a new car in 2019, a couple who live in the south of France wanted to pay a British mechanic, amount of the transaction: 14,500 euros. He then sent a deposit of 1,000 euros before making a second transfer of 13,500 euros directly from their bank branch.
Problem: the IBAN (international bank account number) that the couple provided was not the correct one. “Their mailbox had been hacked. Instead of that of the mechanic, they had received a false IBAN. They therefore sent the money without knowing it to a scammer,” said Élodie Valette, lawyer and specialist in banking disputes.
-The Court of Cassation ruled
Unable to recover their money, the couple sought legal action. He won his appeal in March 2023. The Nîmes Court of Appeal then found that the bank had failed in its duty of vigilance, in particular, because the document transmitted contained obvious anomalies. The bank was ordered to repay.
However, the Court of Cassation recently overturned this judgment. It ruled in accordance with article L133-21 of the Monetary and Financial Code. “If the unique identifier provided by the user of the payment service is inaccurate, the payment service provider is not responsible for the poor execution or non-execution of the payment transaction,” it is stated. written in the law.
From now on, before each transfer, check the contact details carefully.
