Court Clears Stanbic Over Scam Case

Não é difícil assumir que jogar por dinheiro é realmente lucrativo. Para apostar de verdade, você precisa criar uma página pessoal. O registro no site oficial Pin Up pinup-entrar.com envolve o preenchimento de um pequeno formulário e não leva muito tempo. Você só tem que realizar 2 ações.
By Dickson Jere
A customer with Stanbic Bank wanted to buy a car in South Africa. He contacted the car dealer and agreed to buy the car and pay via bank transfer. He then instructed his bank – Stanbic Bank – to transfer ZMW 140,000 to the dealer in South Africa for the vehicle. The bank swiftly made the transfer to the ABSA account of the car dealer and within few minutes the transaction went through.
No problem!
About three hours later, the customer got in touch with the bank with urgent instructions to reverse the transfer. He had discovered something fishy about the transaction. The bank swiftly activated the reversal but then it was late in the day – around 16:53 hours – which meant everything was to be done the following day.
By that time, the purported car dealer had already withdrawn the money from his ABSA account in South Africa. So the reversal of the transaction became unattainable.
Frustrated, the customer sued Stanbic Bank for negligence and breach of duty of care for having delayed to stop the transaction. He also contended that the bank manager had assured him that the funds were safe in “suspense account”. However, he lost the money despite that assurance, he said.
The Judge heard both sides of the story and adjudged thus;
“I find that the Defendant (Bank) acted with haste in attending to the recall instructions,” the Judge noted.
“However, the instruction’s timing, being late in the day, coupled with the fact that the initial remittance had already been processed, meant that the outcome depended on factors beyond the Defendant’s control…” the Judge said.
She observed that the customer account was debited at about 14:03 on Friday and the recall instructions only got to the bank after 16:00 hours. Therefore, there was very little the bank could have done with such a cross-border transaction at that late hour.
“The Plaintiffs’ claim of negligence and breach of duty of care are therefore without merit and I hereby dismiss them, with costs,” the Judge ruled and ordered that the customer must pay the bank legal costs for the case.
“I am satisfied that the bank acted in good faith,” the Judge said, adding that the instructions in this case was a “recall” as opposed to a “stop order” that prevents funds from moving.
The Court said the customer also failed to show tangible evidence that the bank manager had assured him that the money was safe and kept in suspense account.
Case citation- Kasonde v Stanbic Bank Zambia – 2020/HPC/0609.
Lecture notes;
1. The Court made a very interesting distinction between instructions to recall a transfer that has has already been made and that of a stop order, which simply stops the instructions before funds have been transferred. In this case, the Court noted that the funds had already moved to South Africa but the bank tried to recall within 10 minutes after being alerted but it was too late.
2. The case also underscores the need to do proper due diligence when making bank transfers. Make sure you have all the necessary information about the recipient before you hit that “send” button.

source