Can I, as a customer of a bank, claim damages if they act negligently?
August 26, 2022 | 40,00 EUR | answered by Alwin Reuter
Dear Lawyer,
I am contacting you because as a long-time customer of a bank, I recently had problems with my account and I am wondering if I can claim damages. The situation is as follows: Several weeks ago, I noticed unauthorized withdrawals from my account. I immediately informed my bank and requested them to reverse the payments and investigate the incident. After long discussions and delays on the part of the bank, I was informed that they did not find any errors and that the withdrawals were correct.
However, I am firmly convinced that I did not give consent to the withdrawals and I am very concerned about the security of my account and the credibility of the bank. Additionally, I have already suffered financial losses due to these incidents, as the money was not available to me in a timely manner.
I am now wondering if as a customer of a bank in such a case, I can claim damages. Are there legal options to challenge the bank's mishandling and defend my rights as a customer? Please advise me on what steps I can take to compensate for my financial losses and ensure that my account is secure in the future.
Thank you in advance for your support.
Sincerely,
Hans Ratzberg
Dear Mr. Ratzberg,
Thank you for your inquiry regarding the unauthorized debits from your account and the possibility of seeking compensation from your bank. I am sorry to hear that you have had this unpleasant experience, and I would like to help you defend your rights as a customer.
In the situation you have described, it is important to determine whether the bank did indeed act improperly and whether you have suffered a financial loss as a result. If you can prove that the debits were unauthorized and that you have incurred financial losses as a result, you may be entitled to compensation.
Generally, the bank is obligated to ensure the security of your account information and to detect and prevent unauthorized transactions. If the bank did not act appropriately in this case and the debits were still carried out, this could be considered negligence on the part of the bank.
To seek compensation from your bank, I recommend taking the following steps:
1. Document all incidents and communications with the bank: Keep careful records of all relevant information, such as bank statements, letters to the bank, and responses from the bank. These documents can serve as evidence to support your claims.
2. Give the bank a deadline to resolve the case: Request in writing that the bank investigate the incident and provide you with a response within a reasonable timeframe. Give the bank the opportunity to correct the mistake before considering legal action.
3. Consult with an experienced banking law attorney: An attorney can help you understand and defend your rights. They can also assist you in demanding appropriate compensation from the bank and initiating legal action if necessary.
4. Demand compensation from the bank: If the bank is not willing to provide you with adequate compensation, you may consider taking legal action to seek compensation. Your attorney can help you file a lawsuit and pursue your claims in court.
It is important to emphasize that each case is unique and whether compensation can be sought from the bank depends on the specific circumstances and evidence. I strongly recommend seeking advice from a specialized attorney to analyze your situation and discuss the best course of action.
I hope this information is helpful to you and I am available to answer any further questions you may have. I wish you success in resolving your case and hope that you receive justice.
Sincerely,
Alwin Reuter
Attorney specializing in banking law
