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Police complaint? There is time to do it. In the event of theft, loss, misappropriation, cloning or unauthorized use of a payment instrument, the first thing to do is to block the account or card functions and ask the credit institution to reimburse the amount of the unauthorized operation and unknown to the customer. Then all that remains is to wait for the bank’s response, which must be given within 15 days.
At the counter, they cannot take charge of the case without completing the cumbersome business obligations, or (as often happens) request additional documents, such as copies of reports provided to the authorities, which may be requested for the purpose of investigations, but then. The Bank of Italy reiterated this in a circular sent to the banking system on June 17, but the banking system still turns a deaf ear to this problem – which has now become a plague.
Firstly, in order not to charge back the bank, the bank must establish that the neglected operation was caused by the user’s own failure to comply with his or her own obligations (such as the safekeeping of the payment instrument) and that the behavior was characterized by willful misconduct or serious fault. Otherwise, the bank is obliged to immediately reimburse the amount of the unauthorized operation without requiring the account holder to immediately report it to the authorities.
The re-crediting of the amount must be carried out by the end of the next business day after the receipt of the rejection. Even afterwards, the Bank is entitled to prove wilful misconduct or gross negligence of the User and obtain a refund from the latter in this case. The Bank may not make an immediate refund, but only if there are reasonable grounds to suspect that the unauthorized operation stems from fraudulent activity of the Customer.
Therefore, the complaint is not due yet and may prove to be a double-edged sword as the bank may insist on some details reported therein in order not to make immediate reimbursement.
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