Tuesday , August 9 2022

The Supreme Court orders Banco Santander to return money held back to a client because of suspected fraud | Economy


The Supreme Court ordered Banco Santander to return the money saved to a client after closing its current account.

In a unanimous ruling, the Third Chamber established the highest court – which included the ministers María Eugenia Sandoval, Arturo Prado, Ángela Vivanco and the lawyers (i) founded Leonor Etcheberry and Diego Munita – an illegal and arbitrary act of the bank to prevent the money.

Although the decision restates the legality of closing the account, when "retaining an amount of $ 4,000,000 from the appellant's current account, the Bank's conduct becomes unlawful, as the legal and contractual provisions refer to (…) not consider the assumption used by the respondent to keep the amount of money identified.

In particular, in his defense, the bank explained, on July 18, 2017, he asked the client a statement of the source of money and the relevant backups in respect of a deposit registered in his current account, which was objected to. its operation by the account holder. origin

As explained by the entity, having taken this background and analyzed it with the complaints made by computer fraud made by other bank customers, in relation to the applicant's current account, Santander decided to close & # The product and keep $ 4,000,000 of the account is a question.

But according to the highest court, the decision only "based on the assumption that the money is owned by a third party, breaks the right of property with the appellant on the money, which is why it should be We accept the protection resource only for this fact, "said the ruling.

In this way, the sentence was revoked on September 26, 2018, which had given the bank's absolute reason, and ordered to recover the amount withheld, although the decision appealed to be confirmed in the aspects. others; among them, the decision to close the current account.

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