“What BBVA is going to try is to arrive by way of negotiation, that is, it is going to exhaust all instances. There is no legal structure that protects being able to attend to this type of problem,” Martínez explained in an interview.
Despite this, the bank could count on legal elements to recover the resources, added the specialist. The problem is that this would involve costs and considerable time.
“In the case of a legal controversy, the corresponding authority will be informed that the institution has exhausted all these tools by administrative means to try to recover these resources,” he added.
So, what will happen to customers who do not return the negative balance they have in their accounts? The EBC expert said that BBVA can create a brand internally, affecting them when applying for a loan.
“They will be marked as unwanted clients by the institution itself and eventually the bank could record it as a debt that they did not return,” added Martínez.
“The event affected more than 5 million transactions and there were more than 3 million customers,” said Oscar Rosado, president of the National Commission for the Protection and Defense of Users of Financial Services (Condusef).
“We have little more than 350 questions or queries, but not at the level of complaints. There was a human or technical error. In the powers of the National Banking and Securities Commission, it will have to enter, review and we will have its opinion,” said the official recently to Expansión.
Until last Friday, the bank of Spanish origin reported that it had 200.00 accounts with a negative balance and that he planned to recover that money in the following days with a support program.
Expansión sought BBVA Mexico to find out the updated number of clients and their plans to recover the money, but until the closing of the edition, they did not receive a response.
The expert stressed that due to this event, the National Banking and Securities Commission (CNBV) could request an audit of the processes that could have led to this human error.
“I could initiate a request for an audit of the internal processes and the organization’s own systems to find out what was the situation that generated this human error and how to mitigate them so that in the future they should not be generated again,” he stressed.
When asked by Expansión, the CNBV said that they cannot comment on possible actions or measures taken by the bank.