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Account-current: banks can not make moves without the permission of the client

This article was translated by an automatic translation system, and was therefore not reviewed by people.




By: Team InfoMoney


SÃO PAULO - It is always best keep an eye on your current account. Not only to verify that the bank fees are being charged on the contract but also to see if your money is not being used for investments or for any other purpose without your permission.

It may seem not, but this case happen. It is worth remembering, however, that banks have no autonomy to move the money for this. "Without authorization, the bank has no autonomy to do this," says the assistant director of the Procon-SP, Valéria Cunha.

According to her, nothing can be done with this money, only if they hire the service. Until that speed that some banks do, when the single card bill is not paid on the day, is illegal, if not specified in the contract.

And no authorization by phone or even face, what counts is what is written. "While it is presence, the manager should protect and record the authorization on contract," said Valeria.

Happened
An account of the Industrial and Commercial Bank S / A will have their money refunded due to an inappropriate application of fund shares at high risk. The decision of the STJ (Superior Court of Justice) recognized as the handling financial illegitimate.

According to the account, your manager implemented in 98 U.S. $ 400 thousand shares in a fund of high financial risk without your permission. In 15 months, that amount was reduced to just over U.S. $ 148 mil. Then came the current compensation claims in court and the bank was obliged to return.

The institution, however, appealed arguing that the authorization was given orally and that the silence of this, after 15 months, implies acceptance of the operation. Nevertheless, the decision was favorable to the client, since the proof of authorization is required.

What to do?
Valéria Cunha of Procon-SP, warning that when consumers see any unusual movement in its current account without which he has committed, he should contact the institution of complaint and launch protocol.

"When the bank has no papers he usually solves the problem," he says. However, if the problem persists, the current should contact the national consumer protection closer.

If the unauthorized movement has generated losses, it is an application for compensation. "The client has the right to request retraction."


Source: Infomoney

This article was translated by an automatic translation system, and was therefore not reviewed by people.

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