Unauthorised transactions
On behalf of our clients Ceret Grzywaczewska Legal Counsel’s Office pursues all claims under banking law, the Act on Payment Services, bank account agreements, loan agreements, rules and regulations accompanying them, as well as all claim resulting from occurrences such as credit card or payment card theft, identity theft, theft of funds from a bank account, personal data leakage, banking secrecy disclosure, hacker attacks on bank accounts, unauthorised third party withdrawals of funds from bank accounts e. g. through phishing, breaching security of computers, phones, routers belonging to electronic banking services users or breaching security of bank infrastructure and software, as well as abusive clauses applied by banks.

Theft of funds from electronic bank accounts as well as from credit, debit cards and other payment instruments becomes more and more frequent. If a bank client notices on their account a transaction which they have not made, ordered, or accepted, such a transaction is unauthorised. Technological development, the introduction into the market of novel and simpler payment methods and the access to electronic banking and personal data processing, have increased the number of unauthorised third party withdrawals of funds from bank accounts, as well as of leakage and unauthorised
usage of personal data. Other occurrences which become more and more frequent are identity thefts and unauthorised bank loans which are taken out by third parties pretending to be bank clients. In such cases it is very often necessary to take steps also as part of pending enforcement proceedings. Progress makes financial institutions and banks create new banking instruments and products which lead to contentious situations.

Many years of experience that our lawyers have, numerous court cases they have won and favourable settlements they have negotiated for their clients, as well as familiarity with the specificity of the banking market, payment services, unauthorised transactions, new technology, personal data protection and issues connected with consumer rights protection, allow us to provide the following services:

• legal assessment of the facts and advice on how to proceed with a case;
• drafting of legal opinions on contracts, rules and regulations, as well as general terms and conditions;
• legal assessment of the claims made;
• representing clients in complaint/review procedure before banks / financial institutions
• conducting negotiations with banks;
• advice and representation in proceedings before Financial Ombudsman, KNF (Polish Financial Supervision Authority), UOKiK (Office for Competition and Consumer Protection and ZBP (The Polish Bank Association);
• advice and representation in conciliation, mediation and arbitration procedures;
• pleading cases before common courts of law both civil and criminal;
• representing clients in enforcement proceedings and handling anti-enforcement suits;
• training in electronic banking security and data processing.