The Court of First Instance number 29 of Barcelona has just condemned CaixaBank to indemnify a client for having reflected an alleged entry in the account of this that had not really occurred and was part of the scam orchestrated by a third party.
The events occurred at the end of last August, when the lawyer Eduardo Dachs published an advertisement in order to sell a high-end mobile phone for 850 euros. An interested party contacted him and bargained the price until he lowered it to 800 euros. From there, the buyer offered to make an entry in his account through an ATM and to go to pick up the device once the lawyer had verified the charge.
Dachs checked, using the system electronic banking CaixaBank, which had registered an income of 800 euros in the afternoon of August 25, and gave the phone to the interested party that same day.
Two days later, however, the income was canceled. The buyer had made the alleged payment by depositing an envelope in an ATM and noting that it contained 800 euros. That Monday, the branch office on duty found that in reality the about it was empty and canceled the accounting entry. During the trial, the entity explained that the income of Saturdays are always verified on Mondays, so the information could not be corrected before.
The problem, establishes the sentence, is that "if the defendant has to verify the note, it must state this proviso, with a 'Pending validation", Or a" similar formula ". "You have to warn," the decision says, "since, it is legitimate for the consumer and user trust the notes if they do not indicate otherwise, nor present nuances. "
As a result, the magistrate imposes an obligation on CaixaBank to pay to the customer the 800 euros lost, plus the interests legal rights, and to assume the coasts of the demand, in which Dachs represented himself.
CaixaBank assures that it has been warning that these revenues have to be verified but also, in order to provide additional security and transparency, by the end of 2018 reinforced the system so that in the case of the income made through the introduction of an envelope in the cashier the amount does not appear in the client's accounting notes until it is verified. This is also communicated to the user through a message on the screen, which should help scams such as the one mentioned above do not happen again.