Today it has become so customary to pay for purchases made in stores using bank cards that fewer and fewer people use wallets.
However, this convenience can sometimes go badly. Many real-life examples show that it is not always worth relying too much on cards.
Let's describe a quite typical situation. The wife went shopping with her friends, taking her husband's bank card with her. Is there any difference with cash here?
At first glance, there is not the slightest difference - except that the option with a card often looks even more preferable for some women (since you can spend significantly more). However, in such cases, lawyers recommend taking cash from your spouse.
By presenting a bank card issued for your spouse at the checkout, you are actually trying to pay with someone else's card. At least this is how it might look from the salesperson's point of view.
Here it can be argued that, according to the provisions of the Family Code, all funds that spouses receive during marriage are theirs. common property... Accordingly, they both belong to them. The same applies to the money that is credited to bank cards.
This is true, but there are also features of the application of banking legislation, which states that the withdrawal of funds from the client's account is possible only on the basis of his own order.
Without such an order, the cancellation of funds is allowed only in some strictly specified cases: in accordance with a court decision or an order of the bailiff. At the same time, the use of bank cards by the spouse is not provided for among such exceptions.
Therefore, the refusals of outlets in such situations to accept other people's cards for payment are completely legal. Here you can cite a characteristic example of judicial practice(according to the decision of the Central District Court of Kemerovo in case No. 2-8448 / 2015).
Going to the supermarket for groceries, the citizen typed necessary purchases and went to the cashier to pay. Starting to arrange the products into packages, he gave the cashier a bank card for payment.
The cashier refused to accept the card given to her, because it could not belong to this buyer - it had female data on it, and the buyer was a man.
The citizen said that the card was issued for his disabled wife. Since it is difficult for his wife to walk, he buys groceries himself. The money on the card belongs to his wife, who gave him the card and provided the PIN code for making payments in the store.
The cashier in response refused to accept the card for payment, referring to the relevant orders of the management. The citizen, in turn, decided not to concede and refused to withdraw the required amount in cash at the nearest ATM.
The security staff of the store got involved in the flared up conflict. As a result, the man was detained by calling a police squad. The arriving police officers drew up a report on the attempt to steal food from the store.
The citizen was taken to the nearest police station, and then he also had to appear before the magistrate. Fortunately, he was able to explain the true circumstances of the case, so the charge of petty embezzlement was dropped and the case was dropped.
After that, the citizen, in turn, decided to go to court, accusing the store of causing moral damage due to the refusal to accept his wife's card for payment. But the court did not support him, considering the actions of the cashier to be completely legal.
Although the law does not explicitly prohibit the use of spouse cards, the court indicated that the bank card is a personal payment document , the right to use which exists only with the owner of the bank account linked to it.
IN banking rules there is also a direct prohibition on the transfer of the PIN-code by the cardholder to third parties, including relatives... Upon discovery of the fact of such a transfer, the bank has the right to relieve itself of responsibility for the fate of the funds on the account.
Consequently, the law does not provide for the conduct of operations with the card if it is presented not by the owner, but by another person.
Therefore, when visiting the store with your spouse's card, you should prepare in advance for the possibility of ending this trip at the police station.
On the back of any bank plastic there is an inscription that the card can be used only by the person whose name and signature are indicated on it. But situations where a husband and wife pay each other's credit cards are common everywhere. Let's take a closer look at these circumstances. How legal is it to use someone else's bank card and what threatens violators.
Where is the ban on the use of cards by third parties spelled out?
There is no law prohibiting the transfer of a personal or unnamed card to another person. This issue is regulated by internal and departmental documents. The duty of the cardholder to keep confidential information in secret and not to transfer the plastic carrier to third parties contains:
- on the back of the payment instrument;
- in the contract;
- in the Terms of issue and service of cards;
- in other documents that each client signs before starting cooperation with a credit institution.
The conditions for violation of agreements are also spelled out there. The ban on the use of someone else's bank card is provided for by the Rules of international payment systems and the CBR Leaflet "On measures for the safe use of bank cards", distributed among customers credit institutions.
Responsibility for using someone else's card
The agreement with the bank and the Terms of Service stipulate the procedure for the client's actions in case of detection of third parties' access to information about the PIN code or card details. If these facts are revealed, the holder must:
- urgently notify the bank in any of the available ways;
- block plastic media through Personal Area, mobile app or by calling hotline financial institution.
For violation of the agreement, the Bank has the right:
- block the card;
- take measures to remove it;
- suspend or terminate expense transactions while maintaining the ability to replenish the account.
Thus, if the fact of transferring the card to another person is revealed, the plastic holder may completely lose access to his money until the end of the proceedings.
Important! there is legal way giving another person access to money on the map. The account holder can issue additional cards for the wife, husband, children and other citizens.
Criminal penalty
This type of offense falls under Art. 159.3 of the Criminal Code of the Russian Federation - "Fraud using payment cards", introduced in November 2012. The punishment provided for in the article is chosen by the judge from the following options:
- a fine of up to 120 thousand rubles;
- arrest up to 4 months;
- restriction of freedom up to 2 years;
- the convict's earnings for a period of up to 1 year;
- compulsory work up to 360 hours;
- correctional labor up to 1 year;
- forced labor up to 2 years.
Due to the loyalty of banks to their customers, criminal prosecution of cardholders and people close to them in the absence of damage is usually not applied. However, you should not forget about its existence. A credit institution, like the owner of a bank card, can act as an injured party.
We hope that this information will be useful to all users of our resource and will relieve even a very close person from the temptation to use someone else's card.
For the year, the share of Russians paying for purchases only bank cards, grew by more than a third - from 11 to 15%, according to a study by MasterCard. The share of those who are ready to pay only in cash also sharply decreased: from 54 to 38%.
59% of the population of Russia actively use bank cards, paying for purchases with them once a week or more (an increase of 13% per year). Among the main incentives to pay more often by non-cash cardholders list convenience, high speed of payment, security and the opportunity to receive a discount or bonus, the study says. Most often, cards are used in super and hypermarkets, convenience stores and online stores, the survey showed.
The MasterCard survey involved Russians aged 25 to 45, living in cities with a population of 250,000 or more. The sample consisted of 1021 people.
This trend is confirmed by the statistics of the Central Bank. In 2015, the number of payments of individuals by cards increased by 27.8%, and the turnover on them - by 11.9% in volume, according to the annual report of the Central Bank. In the total number of transactions using payment cards, the share of non-cash payments in 2015 increased by 7.3 percentage points to 74.7%, in the total volume - by 6.1 percentage points to 39.5%. These figures include information on payments of legal entities, but the Central Bank clarifies that the bulk is payment for goods and services by individuals.
Banks also confirm growth in popularity cashless payment... “People pay more with cards, because financial literacy is increasing, acquiring network is developing, salary projects, loyalty programs. As a result, people get used to cards and stop being afraid of them, ”says a Home Credit spokesman.
An important factor is the development of infrastructure for accepting cards not only in large cities, but also in the outback, says Nikita Ignatenko, Head of Card Products Development at Binbank Group: “Today, many small stores located in small settlements". The development of the card infrastructure was facilitated by legislative changes- the duty of outlets to accept cards, he recalls.
The convenience of making payments leads to an increase in the frequency of purchases, the representative of Sberbank agrees. And a card with additional functions gives customers additional income or a bonus (accumulative cards, cosmokard, cashback), adds Alexey Golenishchev, director for monitoring electronic business of Alfa-Bank.
Considering that people's salaries are not increasing, and prices are growing, bank customers are increasingly using credit card limits, Golenishchev points out, “It is more profitable to pay by credit card by bank transfer, since for withdrawing credit funds any bank charges a commission at an ATM. "
People aged 25–45, residents of large cities with a white salary above the average, pay the most with cards, Ignatenko says.
The share of customers using the card only for purchases has grown from 25 to 73% over the past five years, says Alexey Shchavelev, director of the OTP Bank's cross-selling department. He points to two main reasons for this growth: financial literacy population through the acquisition of experience in using financial products and an increase in the share of service and trade enterprises that accept plastic cards to pay for goods and services.
Disputes about which is better - cash or credit card- lasts a long time without a clear winner. There are good reasons for each option, and the answer depends on who you ask.
Go Banking Rates has described why some people prefer to use cash and others prefer credit cards.
Credit is still a fairly new concept in the history of finance, so many people prefer to use paper money than pay for purchases with credit cards.
Here are some compelling reasons to always pay in cash:
- Accepted everywhere. You will not hear anywhere "unfortunately, we do not accept cash here." Money can be paid everywhere, except for the Internet. You can always make a purchase wherever you want. And here credit cards not accepted everywhere.
- Visible consumption. Many people prefer to use cash only because, when making a purchase, you can visually see how much you have left and how much you spent.
- No interest or fees. The great thing about buying with cash is that you pay for the cost of the item — that's all. At the same time, there are no interest payments and fees at the end of the term. Paying in cash makes shopping much easier and cheaper overall.
- Freedom from debts. By using cash, you will not be able to owe creditors.
- Safely. You will never fall victim to hackers and your data will not be stolen. You do not have to worry about the safety of your personal financial information when you spend cash.
Benefits of Credit Cards
The average American household has $ 7,817 in credit card debt, according to a 2016 WalletHub study of credit card debt.
Here are some of the benefits of credit cards:
- Large purchases. Imagine that every time you need to make a high-value purchase, you have to put off several months or wait for your paycheck until you have raised enough money. This is bearable when you decide to upgrade your TV. But what if your car needs a new gearbox or your roof is leaking? You cannot afford to wait that long. With a credit card, you can make purchases and then spread the value over a longer and more manageable period of time. Many credit cards offer extended purchase guarantees. This means that if you use your credit card to purchase a guaranteed product, the credit card will extend this guarantee for up to 3 years.
- Track expenses. You can track and then analyze the money spent. In this case, monthly and annual map reports will help you. You can't do this with cash if you don't keep your receipts.
- Credit rating. In modern society, it is difficult to do without a credit rating. A higher credit rating can provide good interest rate, when you take out a mortgage or take out a loan for a car, study. The only way to build a good credit score is to use a credit card.
- Bonuses. A credit card is more than just a piece of plastic in your wallet that you can use to pay for a product or service. It offers amazing opportunities to save money on purchases and get rewards: travel, money back, gift cards and other "goodies".
- Safety. Yes, this argument has been cited in the advantages of cash, but credit cards have their advantages. The fact is that if you lose cash, then everything ... write “lost”. If you lose your credit card, you need to call the bank and block it, and then get a new one. In this case, you will not lose a penny.
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stdClass Object (=> 11346 => credit card => post_tag => kreditnaya-karta)
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With cash withdrawals without commission, like credit cards, they are becoming more and more popular. 45% of people use exclusively non-cash money and this figure is growing. Cards are more and more in demand, because they are convenient, safe and profitable to use. Every year there are more places where you can buy something by paying by bank transfer and in a contactless way.
7 reasons to prefer "plastic" to paper
The persistent notion that plastic rectangles with chips invented cans for their profit prevents people from switching to cashless payments... They lose the opportunity to:
- earn with cashback and other bonus points;
- pay for services, fines, taxes directly from home;
- control your expenses without writing in a notebook.
With the help of "plastic" lines in stores are reduced, their owners do not have to carry a bunch of small change and banknotes. You can find out about the state of your account in one click by visiting an online bank or by going to a special application.
"Plastic" does not carry germs and viruses
When choosing what is more convenient to pay by card or cash, think about how many germs and bacteria live on the surface of banknotes. According to research, paper money contains almost 7 times more dangerous microorganisms than the rim of a toilet bowl. The flu virus on banknotes lives up to 17 days.
To protect yourself, you will have to constantly wipe your hands with antibacterial agents, which is not always convenient. It is enough to treat a bank card with an antiseptic and use it further. "Plastic" is often held in the hands of only the owner, but the money passes through tens, hundreds, hands.
Bank customers receive cashback
Cashback is a percentage of payment for a service or product returned to the client's account. It is presented in the form of bonuses or real money. You can pay with bonuses:
- Air and railway tickets.
- Fuel at a gas station.
- Online purchases.
- Products, clothing and other goods in the partner trading networks of the bank.
Real money can be saved and disposed of at your own discretion.
Each bank has its own cashback percentage. The minimum 1% is found in most credit institutions. Maximum 30% cashback on debit card Bank Tinkoff has.
How can I pay for my purchases in a store with a card in order to use cashback? To do this, you must comply with the terms of the credit institution. They set the following requirements:
- irreducible account balance;
- obligatory purchases from partners;
- the minimum amount of expenses per month.
In addition to the cashback provided by banks, you can receive refunds from purchases using special ones.
Convenient to take with you and pay
For a run, on a trip to a neighboring city or for a walk with the dog, you can take one card, not your wallet. And all the money is in my pocket. You can pay for anything you want with it.
Paying for purchases with "plastic", you do not have to constantly look for smaller notes or iron change. The payment time is reduced to a few minutes. It is enough to bring your phone or card to the terminal, and the purchase is complete.
Just make transfers, pay utility bills and control your expenses
The money in the account can be transferred to friends and relatives if they need financial assistance. You don't need to go anywhere for this. All transactions are carried out in the online bank or banking application.
You can pay for gas, electricity and other utilities online. No queues at the checkout. One click and the bill is paid. At the same time, the bank does not take a commission for operations or its percentage is lower than in the operating cash desks.
Cost control is carried out due to the built-in system. Through the application, you can see what the most money is spent on during the month. With the help of SMS-informing, the client of the bank always knows where the finances were spent and how much is left on the account.
Easy to get a loan or loan
The money is running out, and there is still a week before the paycheck? Do you urgently need to buy any expensive item or equipment? A bank card will solve the problem. A loan for it can be obtained online, without visiting the office of a credit institution.
The lender will transfer the required approved amount to the account, and the money can be used. All you need to get a loan is to choose a bank, submit an application and send the necessary package of documents to the bank.
Online loans to a bank card are issued without refusal by microfinance organizations. It is easier to get microloans than a regular cash loan. There is no need for certificates confirming income, and you can pay off quickly and without overpayment of interest if you repay the debt on time. It takes no more than 30 minutes to get a loan.
The card can be blocked and restored in case of loss, theft without damage to finances
Cash in your pocket, purse or bag is easy to lose. Thieves can also encroach on "cash". And if they take out the money, then the percentage of their return is zero.
Another thing is a bank card. can be quickly blocked in one call to the bank. And then - write an application for re-release. The money left in the account will remain there.
Cards are stronger and more durable than paper money
"Plastic" accidentally hit the washing machine? There will be nothing in 70% of the card. Even if it stops working, it will be changed to a new one at the bank within 5-10 days.
After washing, paper money can be very deformed. Banknotes will either fade, or turn into mush, or break badly. To exchange them for whole bills, you have to go to the nearest bank office and stand in line at the cashier.
Conclusion
The future belongs to bank cards and contactless payments. No matter what is said about the vulnerability to fraudulent activities, "plastic" remains a convenient and easy-to-use means of payment. The only thing is that in order to ensure the safety of your money on a card account, you need to know about.
