Is it possible to temporarily give someone a bank card and how it can end

Imagine a situation: it is difficult for an elderly woman to go to the store herself. She asks her grandson to do some shopping. In order for him to pay, she gives him her bank card, to which the pension comes, and says the PIN code. A teenager comes to the supermarket, takes milk and bread from the shelves. But the cashier sees a woman's name on the card and refuses to sell the groceries.

Or events may unfold differently. The grandson buys with his grandmother's money not only milk and bread, but also a new one. computer game. And the old woman then discovers that she has nothing to pay for electricity. But she gave the card herself. So it's her own fault. Or not?

Let's take a look at the nuances.

Is it possible to transfer a card to someone

This is considered a violation of the rules for the use of banking products. For example, the central district court of Kemerovo in its decision indicatesDecision No. 2-8448/2015 2-8448/2015~M-8130/2015 M-8130/2015 dated November 24, 2015 in case No. 2-8448/2015 / Central District Court of Kemerovo

that the card is a personal payment document that can be used by one person - its owner.

similar positionsOn unauthorized transactions with payment cards / Bank of Russia maintained by the Central Bank. Therefore, he does not recommend giving access to the card and PIN code to anyone, even relatives.

Additionally, each bank fixes the obligation to keep the card with you in the service agreement signed by the client. For example, Tinkoff says this in paragraph 3.3.10Terms of comprehensive banking services for individuals / Tinkoff of the agreement, at Alfa-Bank - in paragraph 18.2.16Comprehensive Banking Services Agreement / Alfa-Bank applications 4.

However, there are no specific penalties for this violation. You only need to remember this: if you transferred the card to another, and he somehow misused your money, it is useless to complain to the bank. They will refer to the fact that you did not comply with the conditions agreements. And they, by the way, warned! Therefore, the bank is washing their hands and they will not talk to you about any refund of funds. And if the card is used in criminal purposes, law enforcement agencies may have questions - it is in your name.

In general, to summarize: it is impossible to transfer a bank card to anyone. But the consequences for you will arise only if your confidant deceives you. It will be difficult to return the lost, you will have to resolve the issue with the involvement of the police.

Is it possible to take a bank card from someone

From this side, the situation looks more complicated. To begin with, the store may simply not accept someone else's card, and they will be absolutely right. This position is held courtsDecision No. 2-8448/2015 2-8448/2015~M-8130/2015 M-8130/2015 dated November 24, 2015 in case No. 2-8448/2015 / Central District Court of Kemerovo.

But refusal is half the trouble. You just need to leave your purchases and go. However, a vigilant cashier may suspect the customer of stealing the card and call police. Even if the situation subsequently clears up, spending a few hours with representatives of the law is not the best leisure.

What matters here is how the money is spent. Eighth Cassation Court of General Jurisdiction notesReview of judicial practice in criminal cases of the Eighth Court of Cassation of General Jurisdiction No. 1 / Eighth Court of Cassation of General Jurisdiction: even if the card and PIN code are transferred to a third party, this does not give him the right to manage the money at his own discretion. So, if the owner of the plastic has claims about where the funds went, this may be the basis for holding the embezzler liable.

That is the consequences for the one who took someone else's card, can be much more unpleasant than for its owner.

What to do to avoid problems

The answer suggests itself. It would be better for the owner of the card not to give it to anyone, and not to take it to his relatives. This is, in general, a normal rule of financial hygiene. It never occurs to anyone to use someone else's toothbrush. Moreover, now it is allowed to transfer up to 100 thousand rubles a month by phone number without commission, so if necessary, you can simply transfer the necessary amounts to each other.

However, there are situations when the cardholder cannot cope with this. For example, we are talking about an elderly person who has not mastered either the use of an ATM or online banking. In this case help with shopping can. But it is better to act in such a way that there are no questions later: take everything strictly according to the list and collect checks.

Natalya Kopylova