The intervention of Facua Cordoba has managed to get the bank to cancel a 4 cent charge plus another nine euros in commission than lthe entity claimed to a neighbor of Córdoba for an alleged purchase made in Preciados Galleries with the card of these department stores, which disappeared in 1995. According to Facua Córdoba, the entity had even set the date of settlement of the commission in the year 9999.
The consumer association explains in a press release that David TF, a Córdoba resident, received in August 2021 a charge generated by another bank in the amount of 0.04 euros in his checking account with the concept of Galerías Preciados. The user never had the card of the aforementioned establishment, declared in suspension of payments and absorbed by El Corte Inglés 26 years ago. So he decided to reject the payment and went to an office of the claimant bank to demand explanations. There, however, they only informed him that there was no receipt and that there was not even his data in the bank’s systems.
Settlement of the year 9999
To his surprise, days later he received at his home a payment letter from the bank requiring the payment of the 4 cents, in addition to another 9 euros as “expense / commission”, which represented a surcharge of 22,500% with respect to the amount claimed. In addition, the document included a settlement date without any meaning: from 12.31.9999 to 01.01.0001.
Faced with this situation, David went back to the bank, where they told him again that there was no option to pay any amount because there was no file with his data, despite the fact that the entity was claiming the 9.04 euros from him.
The affected person goes to Facua
The user then decided to go to Facua Córdoba to exercise actions in defense of their rights. The association’s legal team approached the bank to urge it to cancel these charges, as well as to facilitate the alleged contract for the service, given that the user had never had a contractual relationship with her and that said Galerías Preciados card did not exist.
Thus, article 1,261 of the Civil Code establishes as indispensable condition for the existence of a contract “the consent of the contracting partiess, the true object that is the subject of the contract and the cause of the obligation to be established “, while article 1,257 states that” contracts only produce effect between the parties who grant them and their heirs “and 1,259 affects that “No one can contract on behalf of another without being authorized by him or without his legal representation by law. The contract entered into in the name of another by who does not have their authorization or legal representation will be void. ”
In this sense, David had never given his consent to the conclusion of any contract with that bank for a Galerías Preciados card, so if it existed, it had been done without him knowing it.
Finally, after Facua Córdoba’s claim, the bank in question has proceeded to communicate that it has annulled the receipts of 9 euros and 4 cents “thus, your request being addressed and solving the matter.” Similarly, it has indicated that “we are looking for the aforementioned documentation without it being possible to locate it to date“That is, at the moment they have not even been able to find the supposed contract for which they generated the amounts.
Eddie is an Australian news reporter with over 9 years in the industry and has published on Forbes and tech crunch.