Finding an unauthorized charge on your credit or debit card can be a nightmare, however, know your rights as a user of a financial service and conditions of credit products can help you manage that the procedures are much faster clarification .
In 2011, the Condusef received 1.1 million requests for advice, of which about 200,000 were for disputes in 50% of cases were resolved in favor of users.
According to the National Commission for the Protection and Defense of Users of Financial Services (Condusef), a controversy over illegal charges has an average response of 20 days between 2007 and 2011, the bad practices of financial institutions identified from complaints from users fines generated 9.154 million pesos.
Lose the fear
As a user of financial services should take into account that there are different regulators of the banking and non-bank credit institutions (Sofoles and Sofomes) that extend credit and offer savings and Elvia Arcelia Quintana explains, a researcher at the Faculty of Law of the Universidad Nacional Autonoma de Mexico (UNAM).
The first instance is the Condusef, which should provide care and guidance when a user of financial services believe violated your rights, while the National Banking and Securities must regulate practices and ensure that institutions operating with adequate capital levels .
In a third instance also houses the Institute for the Protection of Bank Savings, which addresses the rights of banking institutions in bankruptcy and protect the savings of users up to an amount of 400,000 Units of Investment (UDI).
Fundamental rights
There are five key rights that users of financial services should be aware of this will depend, in the event of a dispute, you can get an idea of how to proceed and what rules welcome you.
1. Statement
“The credit-granting institution is required to send the user a monthly statement detailing l as operations that were performed on a monthly , the customer must review and verify against their records if it is settled right, “said Elvia Arcelia Quintana.
The Condusef explains that in case of cloning, the information on the magnetic strips are used to duplicate the card to make purchases in your name in stores or online, so if you detect improper charges, the Commission recommends:
a) That if the difference between the estimates have balance and the balance that the bank tells you is small, verify consumption or withdrawals you have made to dismiss charges omitted through carelessness or confusion, or have not considered or saved for voucher or note of any transaction carried out.
b) In the event of failure to identify in a statement name, take into account that sometimes the merchant may have different brand name that you identify. Discard the first by date and / or quantity of the operation if this is not done ( by Example “XYZ Gourmet, SA de CV” that might correspond to the restaurant: “The Forest”).
If the balance that gives the bank, does not meet your estimated balance (not recognized by), you can present your case in the Special Unit for Attention to your bank users.
2. Right to information
The Universal Declaration of Users of Banking and Financial Services indicates that you are entitled to receive clear and accurate information about your accounts, thus, prohibiting acts of confusion and deception.
“In any case, the provision of financial services must comply with the requirements of good faith and those that ensure fair competition in the market, in the context of national and international legislation,” said international document.
In Mexico, financial institutions must have a special unit of care that should guide you in case you need information on how your accounts in interest fees and charges not recognized. You can consult the Directory of Specialized Care Units Users http://www.condusef.gob.mx/ or call 01 800 999 8080 to ask the data (name, address, phone, email) to submit your questions or controversy.
3. Rights in cases of unrecognized charges
The Bank of Mexico states that the issuing institution will be responsible for credit transactions that have been made known during the 48 hours prior to the notice of loss or theft of a card. The transmitter must release the cardholder of the payment and pay the respective resources later than the fourth business day following receipt of the objection.
When the cardholder does not recognize a charge within 90 calendar days from the date on which it was made, the issuer must release the payment and pay the respective resources more than the fourth business day following receipt of the objection.
The foregoing shall not apply where the issuer proves that the transactions were authorized to trade using the CHIP card.
4. Rights in cases of unrecognized charges on transactions by phone or Internet:
When the cardholder does not recognize a charge within 90 calendar days from the date on which it was made , the issuer must release the payment and pay the respective resources more than the fourth business day following receipt of the objection.
This shall not apply where the test station to the cardholder that such transactions are conducted using online authentication systems to ensure that the cardholder was the one who authorized them. (“Verified by Visa” or “MasterCard Secure Code”).
5. Right to keep unrecognized charges
Just as users are entitled to a refund, financial institutions may maintain the test charges when he was the cardholder who made the post. To this, must submit proof that the cardholder in mind the respective evidence.