Subject to Fraud by Use of Bank-ID by Related Person
In the bank’s agreement with the customers it is stated that the password to the bank-id should not be told to anyone, including people living in the same household.
In the bank’s agreement with the customers it is stated that the password to the bank id cannot be shared with anyone. Including people living in the same household. Regardless, passwords are shared with people who are related or otherwise close by e.g. living in the same house. Several people are also experiencing that people in the same household somehow finds out what their password is. When close people then misuse their bank-id by creating a credit card debt or a consumer loan disputes can arise in the bank. The question is then whether the customer who was subject to fraud is responsible for the debt or if the bank has to cover it.
Different Practice and Different Rules
This question has been raised several times in appeals and in the courts. The result of the cases have varied greatly. There has also been different practice in regard to which rules have been applied. The law in this area is unclear. Lindorff, which is one of the leading firms in Europe within claim management, agree with this. This is their opinion on the unclear rules which apply to fraud by people chabitating by the use of their bank-id.
The Care Taken by the Person who has Been Subject to Bank ID Fraud
Repeated in the cases is that there is made a consideration of the care taken by the person subject to the fraud. This means that it is considered whether the person subject to fraud can be blamed. If the person has acted carefully the bank will have to accept responsibility for the credit card debt or the consumer loan. If the person subject to fraud on the other hand can be blamed, that person will be held responsible for the full amount. Unless the responsibility limitation in the Norwegian finance agreement law (finansavtaleloven) § 35 (3) is applied. The responsibility limitation in the Norwegian finance agreement law § 35 (3) includes that the person subject to fraud has to cover a deductible amount of 12.000 NOK. And that the bank will have to pay the remaining amount.
Unclear Limits in Regard to Care
How much care must be taken seems to be unclear in legal proceedings. A woman was seen to have been very negligent when she told her personal code to her cohabitation partner. She was therefore generally liable for the full credit card debt made in her name. The responsibility limitation in the finance agreement law § 35 (3) was however applied. Her responsibility was therefore limited to 12 000.
The Then Being Husband Found Her Bank ID Code
In another case in a Court of first instance in Follo, a woman was subject to fraud by the then being husband when he found out what her personal code was. Also in this case the question was whether the woman had acted negligently. She had not told the code to the husband. But she had been in the same room as him when she used the online banking. And she had logged into the online bank on the husband’s computer. Further it was found in her tax report for two years that her husband had made a credit card debt in her name. In this case the Court of first instance held that the woman was not at fault. And that the bank therefore was responsible for the loans the previous spouse had made in the woman’s name.
Mutual Trust
This decision seems to heave the requirements of care in regard to the above practice. In the judgment it was stated that ‘the basis for such cohabitation is normally a mutual trust. And there cannot be made a requirement for the use of a bank-id which includes specific security actions in regard to the spouse’. It could therefore not be blamed on the woman that she had used her husband’s pc when logging into the online banking. Or that he had been in the same room when she had used her bank-id. Nor could she be blamed for not noticing that it was stated in her tax report that credit card debt and consumer loan was made in her name.
Use Barristers in Such Cases
If someone you live with has made a consumer loan or a credit card debt in your name by misusing your bank-id, the bank may refuse to cover it. In a dispute against the bank it may be decisive for the outcome of your case if you are assisted by a barrister. You should therefore contact a barrister as fast a possible to avoid your claim being lost.
In most cases regarding bank id fraud it will be legal advice coverage as part of your home content insurance, resulting in the costs being covered by the insurance company. A barrister at Osloadvokatene will research this for you, so that you can be safe in regard to your barrister costs.
Have you been subject to bank id fraud?
Contact Osloadvokatene by barrister Svein Wennevik
wennevik@advokat.no or on telephone: 924 11 010
Related cases:
Have you lent away money? (Norwegian)
How can you claim back outstanding money? (Norwegian)