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Wu Junsheng former depositors in bank deposits 10,000 yuan, the sudden death of his family in his 8 years after the accidental discovery of the deposit, but was told that the money the bank as early as three years ago was to receive a report of loss, and the formalities of people who had At that time Wu had died five years!
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Deposit missing, is the responsibility of the bank's depositors or responsibility Who should be responsible for this Recently, Xuzhou Tongshan court concluded this from the special savings contract dispute.
Core Tip
10,veste moncler,000 yuan deposits were missing
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Wu suddenly passed away eight years ago. In February, his family presented certificates of deposit to a bank, requiring the presence of the bank to receive Wu in August 2001 10,000 yuan deposit. However, the bank told Wu's family,fendi occhiali da sole, the deposit has been led away.
Is this how the matter Who is led away this money Under these question marks, the time required to pull back in 2001 -
August 2001, Wu Xuzhou in a bank deposit of 10,hollister lille,000 yuan of money, deposit period of 1 year, annual interest rate of 2.25%. Four months later,louboutin online france, a sudden car accident claimed the Wu couple's life, leaving less than three-year-old children. In the pack when relics parents,golden goose sneakers mid star, three children found no one goes on certificates of deposit.
That 10,000 yuan deposits lying quietly in the past five years the bank. In August 2006 the day, a man claiming to be Wu Qing households to report the loss procedures, and led away that sum deposit.
In February, when the Wu children accidentally discovered the deposit, the bank is prepared to take money when the bank's answer surprised them. Is Wu "resurrection" How is this possible Banks in order to confirm all this, also produced a report the loss was the basis for withdrawal - a copy of the booklet.
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Wu's family quickly be checked, and found the flaw: the original, the copy and the real booklet as well as information on the identity records are not consistent. Obviously, the money given by others falsely claimed.
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"Bank teller loss reporting procedures, only a copy of the booklet, to review, there is no requirement to check identity cards, there is no scrutiny of the applicant's true identity." Wu's family believe the bank falsely claimed to be responsible for the deposits. Wu's three children, in his capacity as heir sued Wu Tongshan court to require the defendant to pay a bank deposit principal 10,000 yuan and the corresponding interest.
10,000 is how impersonator
In court, Wu Jun of their children and banks negligence debated.
First, Wu Jun children believe his father had died in traffic accidents in 2001 and could not handle the loss reporting procedures in 2006, apparently counterfeit Wu was led away deposits. Subsequently, the court also provided Wu's death certificate. Banks have no objection.
Wu also called for their children, comparing himself by Wu's residence booklet and from the bank, a copy of the booklet do report the loss at the time of application, you can see the two booklets of information described in account number, address, etc. inconsistencies,basket louboutin, indicating impersonator booklet provided is false, the defendant should be able to find the booklet is a fake, but still give impersonator who handled the withdrawal procedures, the presence of gross negligence.
Banks argued that Wu did in its bank account had been handled encryption certificates of deposit. In August 2006, in the process of remote deposit loss reporting procedures, the banks have been in strict accordance with the provisions of "saving regulations" require the applicant to provide certificates of deposit account, deposit period, amount,coach bracciali, passwords, and proof of identity. According to relevant regulations of the People's Bank of China,peuterey sito ufficiale, after 19 August 2008 should not be the only booklet accounts and report of loss of identity proof,woolrich uomo ebay, which previously booklet is identity document compliance. And "Wu" is precisely to do before this date loss reporting procedures.
Then review the booklet for the bank only in the form of an obligation to review rather than substantive examination. Case booklet provided by the applicant to report the loss of identity card number and bank number stored in the computer is the same,longchamp paris, that banks have tried to review obligations. Accordingly, banks do not exist any fault.
However, the court found that, in August 2006, banks in the process of loss reporting procedures,moncler giacche, report the loss of loss reporting application based on "applicant documents name" field fill in the ID card, but the actual charge to prove the identity of the bank account was Wu certified copy, and by comparison, the original copy of the information provided with the Wu family records in the account number, address, etc. are inconsistent.
Bank sentenced to bear 70 percent responsibility
Recently, Tongshan County People's Court, after hearing that, Wu will be 10,moncler bambino,000 yuan deposited in savings defendant,abercrombie paris, the two sides should try to fulfill carefully, confidentiality obligations on contractual obligations. The defendant shall keep the plaintiff deposits,hogan bambino, strictly in accordance with provisions to report the loss, withdrawal procedures. Wu deposit shall keep important information and account numbers, passwords and the like.
In this case, the defendant in the process of loss reporting and other procedures, not actually examine the applicant's identity card, but only to collect a copy of the booklet, and the applicant has failed to effectively verify and report the loss of the true identity of the depositor, so the defendant failed to fulfill its audit obligations,sac longchamp pliage, resulting in deposits impersonator others, should bear 70 percent responsibility. And when the deposit reserve Wu password, and others when the deposit is also used impersonator reserve deposit account and password, Wu apparently important deposit account information, passwords and other custody negligence, causing deposits impersonator The loss should bear 30% of the responsibility.
Court, the defendant bank to pay the principal amount of 7000 yuan Wu Jun heir deposit and corresponding interest,hogan outlet online, dismissed the plaintiff's other claims. (Text characters are not his real name) correspondent Zhou Yuan Sanshui
Express reporter Xing Zhigang
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