Unauthorised or incorrect transfers
A bank transfer is considered authorised when the sender has given consent for its execution. So, when is a bank transfer considered unauthorised or incorrectly executed?
Unauthorized bank transfers are those that have not been approved by the sender, but rather by an unauthorised third party.
If you as the customer did not authorise a bank transfer and you have fulfilled your obligations to keep your passwords, PIN, card, etc. secure, your bank must immediately reimburse the funds drawn from your account, unless it can be proved that you acted fraudulently or that you deliberately or negligently failed in your obligations. However, the bank may carry out its own investigations to protect its legitimate interests, once the reimbursement has been carried out.
For unexecuted or incorrectly executed bank transfers, the following cases should be distinguished:
- When the error is attributable to the sender, the recipient’s bank cannot return the amount transferred, unless it is required to do so by a legal order or the recipient gives their consent.
Remember that bank transfers are irrevocable.
- When the error is attributable to the sender’s bank, because the transfer was executed without taking into account the unique account identifier, or because the transaction was duplicated,the lack of valid consent provided by the sender means that the transfer can be reversed without the recipient’s consent, although he or she should be informed.
Find out more about unauthorized or incorrectly executed transfers in our 2016 Complaints Report (in Spanish)Abre en ventana nueva
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