Theft of his credit card

Verified 03 August 2023 - Directorate for Legal and Administrative Information (Prime Minister)

You had your credit card stolen? You must immediately oppose on your map. It is also advisable to file a complaint with the police (police or gendarmerie). If your vigilance is not at issue, your bank will refund the money you spent fraudulently. In case of difficulties to obtain the refund, you can contact the banking ombudsman and/or the court. We present you with the information you need to know.

Step-by-step approach

General case

You must oppose, which means blocking the use of your card.

To do this, contact your bank or call the Opposition Interbank Server.

Who shall I contact

A registration number is provided.

You have a dated record of your objection.

If your credit card agreement requires it, you must inform your agency of your opposition by registered letter with acknowledgement of receipt or go on site at the counter. But this is not necessary if you have contacted your bank to object.

You can use the following mail template:

Confirm his statement of telephone opposition to his credit card

Warning  

some banks are not connected to the interbank opposition server. You must then use a different special phone number.

Opposition proceedings may be paid for. Its cost varies depending on the banks and any insurance guarantees taken to cover the risk.

After your objection, it is impossible to make an expense with your card.

The procedure is final: you cannot request the return to service of your card after having filed an objection (even if you find it afterwards).

You're abroad

You must oppose, which means blocking the use of your card.

To do this, contact your bank or call the Opposition Interbank Server.

Who shall I contact

Warning  

some banks may require you to contact a special phone number to file an objection. Be sure to inquire before going abroad.

A registration number is provided.

You have a dated record of your objection.

If your credit card agreement requires it, you must notify your agency of your objection by registered letter with acknowledgement of receipt. But this is not necessary if you have contacted your bank to object.

You can use the following mail template:

Confirm his statement of telephone opposition to his credit card

Opposition proceedings may be paid for. Its cost varies depending on the banks and any insurance guarantees taken to cover the risk.

After your objection, it is impossible to make an expense with your card.

The procedure is final: you cannot request the return to service of your card after having filed an objection (even if you find it afterwards).

It is advisable to report the theft to the police. To do this, you must complain. You can do it in a police station or in the gendarmerie. You can also do it by mail.

On the spot

To file a complaint, you must go to the police station or to the gendarme of your choice.

Who shall I contact

Police or gendarmerie services are obliged to register your complaint if you are a victim of infringement.

The complaint is then forwarded to the public prosecutor for him to decide on what to do next (investigation, no follow-up classification, etc.).

If you don't know the perpetrator, you can fill out a online pre-complaint before you move.

Online Pre-Complaint

Then you need to sign your complaint on-site in the police station or the gendarmerie brigade that you chose.

By mail

You can file a complaint with the public prosecutor.

To do this, you must send an email to the court of law of the place of the offense or of the domicile of the offender.

Who shall I contact

Your mail should include the following:

  • Your marital status and full contact information (address and telephone number)
  • Detailed account of the facts, date and place of the offense
  • Name of the alleged perpetrator if known (otherwise, the complaint will be filed against X)
  • Name and address of any witnesses to the offense
  • Description and provisional or definitive estimate of the damage
  • Your proof documents: medical certificates, work stoppages, photographs, videos, miscellaneous invoices, findings, etc.

You can use the following mail template:

File a complaint with the public prosecutor

You can send your complaint by registered letter with acknowledgement of receipt, by simple letter or by letter followed.

You can also file your complaint directly at the courthouse.

In any case, a receipt is given to you as soon as the Public Prosecutor's Office has registered your complaint.

FYI  

you can file a complaint against your spouse, parents or child if they are responsible for the theft of your credit card.

The complaint allows you to obtain a receipt, that is, a document attesting to the registration of your return. You can send the receipt to your bank when you request a refund.

Procedure

Whether fraudulent purchases have been made with your card, you can ask your bank for a refund. Check with your bank to find out how to apply.

If you have opposition belatedly, your bank may refuse to reimburse you. A fraudulent payment cannot be refunded if it is more than 13 months old.

In addition, you will not be reimbursed for any fault or negligence on your part (for example, if you wrote your code on the back of the card). It is up to the bank to prove this fault or negligence.

The level of reimbursement depends on the use of the secret code and the amount spent.

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If the passcode has not been used

The refund is complete regardless of the amount spent.

Whether the passcode was used

Up to €50 spent

There is no refund.

More than €50 spent

The refund is partial: €50 are at your expense, the remainder is refunded.

Example :

If €200 have been spent, your bank will refund you €150.

Please note

banks may offer insurance that allows for a larger repayment of amounts lost before opposition.

However, the bank will have to refund you in full if the theft could not be detected before the fraudulent use of the card.

Appeals

If you are unable to obtain a refund or cancelation of payments associated with an objection request, you can enter the banking ombudsman.

If the intervention of the banking ombudsman has not allowed the dispute to be settled, you can bring the case to court.

The competent court depends on the sums involved in the dispute.

  • For a case less than or equal to €10,000, it is the local court or the judicial court.
  • For a case greater than €10,000No, it's the court.
Who shall I contact

Penalties for false declarations

If you have provided false information to justify your objection, you will have to remit to your bank the refunds you have made in error.

In addition, you may be fined €375,000 and a five-year prison sentence.

To obtain a new card, you must apply to your bank. Check with your bank to find out how to apply. The card will have a new number and a new secret code.

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