Phishing attacks are one of the most common online banking scams today. Fraudsters try to get your login details and plunder your account through fake emails, SMS or websites. If you have become a victim of such an attack, the question arises: Can you claim back the stolen money from the bank?
When is the bank liable?
After a phishing attack, the bank is generally obliged to refund the lost money – unless the bank can prove that the customer grossly negligent acted. But what does gross negligence mean in this context? Gross negligence occurs when a user, for example:
- Seine Access data disclosed (e.g. PIN or TAN transmitted to fraudsters)
- On fake Websites fell for
- Careless on Phishing-E-Mails or SMS has responded
Even if the bank tries to claim gross negligence, there are cases where you still have a chance of getting your money back. It depends on the exact circumstances and the individual case.
Sample letter to the bank: How to demand your money back
After a phishing incident, you should immediately act. Here is a Sample letterto ask your bank to refund the stolen money:
Reference: Reimbursement of unauthorized payment transactions according to §§ 675w, 675u BGB
Ladies and Gentlemen
I hereby request you, in accordance with the provisions of §§ 675w and 675u BGB, to cancel the unauthorized payment transactions in the amount of [Betrag] on my account [Kontonummer] to be refunded immediately.
Am [Datum des Vorfalls] I was the victim of a phishing attack, through which third parties gained unauthorized access to my account and made debits without my consent. These transactions were not authorized by me and I immediately blocked my account and filed a criminal complaint with the police after discovering the unauthorized debits.
According to Section 675u of the German Civil Code (BGB), I am entitled to demand reimbursement of all unauthorized payment transactions. Since I have exercised the necessary care in handling my access data, there is no gross negligence according to Section 675v of the German Civil Code (BGB). According to Section 675w of the German Civil Code, you as the payment service provider are also obliged to reimburse me the full amount immediately.
I expect the amount to be refunded within [Frist setzen, z.B. 14 Tagen] into my account and written confirmation of the refund. If the refund is not made within the specified period, I will be forced to take further legal action.
Best regards,
[Ihr Name][Kundennummer / Kontonummer]
Success story: How we recovered stolen money for our customer at C24
An example from our firm shows how successful it can be to take action against the bank. Our client was a customer of C24-Bank and fell victim to a phishing attack. He was tricked into revealing his login details, after which several thousand euros were debited from his account. In our experience, C24 Bank has a vulnerability that allows unlimited virtual credit cards to be created, making it easy for fraudsters.
The bank initially refused to refund the amount, citing gross negligence on the part of the customer. We accepted the case and analyzed the exact circumstances of the attack.
After writing to the bank, we were able to obtain a full refund of the stolen money – including the assumption of legal costs through the bank. The client received all his money back and did not have to pay anything for legal assistance.
If you have been a victim of a phishing attack, act quickly! Claim your money using a Sample disc and consult a lawyer if in doubt. Many banks try to claim gross negligence, but this is not always legally valid. A lawyer can help you Get money backand in many cases the Legal costs covered by the bank.
Contact us for a non-binding consultation – we are at your side to enforce your rights!
