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Cash card depositors misdirected others beg to be dismissed
Court: there is no breach of bank lawyer: people can recover from the profit
(Reporter Li Kui) Cheng mistakenly cash deposited into a postal savings card to others,http://gruot.gicp.net:87/forum.php?mod=viewthread&tid=11618057, after the discovery in consultation with the bank refunds unsuccessful,http://bbs.52pua.com/home.php?mod=space&uid=6068, then sued.
Yesterday,hollister sale, the Haidian Court ruling on the case,http://www.dlxxw.net/home.php?mod=space&uid=5275,air max femme pas cher, there is no breach in bank dismissed the claims of Mr. Cheng's.
Cheng claims, June 28, 2010, he mistakenly username for Mr. Wang's postal savings cards as their postal savings cards, Post Office business cash 6,piumino moncler,200 yuan deposited into their accounts. The next day,louboutin pas cher, Cheng again to the card deposit cash 1,400 yuan,air max, found a mistake in the time of signature, they call the police and to negotiate with the bank, but the two sides repeatedly unsuccessful negotiations. Mr. Yu Shicheng the postal savings bank to court to demand the return of 7600 yuan.
For this user name as a source of savings card Wang,http://footballbingo.footballbuster.com/test/node/3#comment-498362,louboutin femme, Cheng's lawyer in the court explained that Cheng once saw nephew holding a savings card to play,http://www.zsts0315.cn/forum.php?mod=viewthread&tid=2406571&extra=, mistaken for their cards, they loaded up .
Cheng said after his alarm, bank officials said the card is frozen, and the card is already reporting the loss of waste cards. But when he deposits, savings deposits,http://www.soyx.so/forum.php?mod=viewthread&tid=274007, but in violation of the relevant provisions of the business, knowing that the card has been reporting the loss, but did not explicitly told to him.
In this regard,louboutin femme, the defendant said that the postal savings bank, the staff could not spot directly report the loss, report the loss can only be operated by the customer himself. According to the results of the query,http://www.225500.com/home.php?mod=spacecp&ac=blog&blogid=, did not report the loss involved savings card, the card twice when the plaintiff to deposit cash in a normal state.
The court held that the case involved state savings card accounts belonging to the day of the incident properly, did not report the loss or the presence of a frozen state,mulberry outlet, there is no breach of savings, and therefore dismissed the claims of Mr. Cheng's.
● lawyers say
May recover the money saved to the card the wrong master
The newly opened Beijing law firm lawyers said Liu,mulberry sale, in this case,http://www.iyilai.com/news/html/?105952.html, wrong section of the Cheng can save directly involved in the recovery of savings card owner Wang. Because Mr. Cheng and Mr. Wang does not have any economic ties, nor any creditor-debtor relationship,moncler piumini, nothing out of this 7600 yuan, Wang speaking for unjust enrichment on the part of the account.
By law, no legal or sufficient basis for the contract, so that the property of citizens, legal persons subject to their own benefit in the loss,louboutin femme, improper refund should be made in person by the loss of profit. Therefore,woolrich sito ufficiale, in consultation with Mr. Wang Cheng refund money matters. If Wang persisted in his refusal to return, Cheng may bring a lawsuit to court.