Complaint to Sberbank: reasons for writing, registration and deadlines

Boorish attitude, lack of professionalism, incorrect calculation of interest on loans, unlawful accrual of penalties - all these components of poor service make clients wonder where to complain about Sberbank. There are many ways to express your negative attitude towards the work of employees of a credit institution. The citizen’s task is to choose the most effective and convenient one.

Claim to the bank

Claims are demands for the fulfillment of obligations: payment of a debt, compensation for losses, payment of a fine, elimination of problems, malfunctions or defects of a product or work.

As for the claims against the bank, these are unfounded write-offs, seizure of accounts, charging of illegal commissions, or the imposition and lack of a voluntary concept of returning the bank's insurance.

Claims and complaints are important tools for resolving conflict situations, including when problems arise with the bank. By submitting such a request, a client of a banking institution has the opportunity to resolve the problem out of court and save money. In addition, filing a claim allows the client to find out the position of the financial organization on an issue of interest to him. The presence of a submitted claim for some requirements is a mandatory condition for consideration of the case in court or a guarantee of victory.

If you transferred money to scammers

Unfortunately, if it happens that you transferred money to scammers, then chargeback will not help you. It works as standard only in the case of legal online stores that make sales. That is, the disputed transaction is payment for a product or service.

When making a standard transfer to a third-party card or e-wallet, a person does this voluntarily. He confirms the operation with a code sent to his mobile phone linked to the card. This is the initiative of the cardholder himself, so it is simply impossible to take advantage of the chargeback opportunities.

In the standard procedure, the acquiring bank simply withdraws money from the online store’s account and transfers it to the affected buyer. Theoretically, a bank can accept a complaint against an individual, but there will be no action.

If suddenly an individual receives an unexpected request from the acquiring bank, he will simply answer that you voluntarily transferred the money. How to prove the opposite? Moreover, if the account is really fraudulent, then there has been nothing on it for a long time, so it is impossible to write off anything.

When does a claim arise against a bank regarding a loan or deposit?

The reasons for a borrower or depositor filing a claim with a bank can be very different. One of the main reasons is the tricks of financial organizations chasing big profits. Among these, not always legal, tricks are unreadable font in the loan agreement, bank commissions, etc. The leading position is occupied by a claim to the bank under a loan agreement.

In addition, we can name the following reasons for claims against financial and credit organizations (banks):

• violation of the deadlines for the performance of any service or operation (untimely transfer of funds - a claim to the bank for a refund, delay in issuing bank cards, etc.);
• the conditions under which a particular service is provided;
• incorrect debiting of funds;
• problems with the ATM (non-dispensing of cash, lack of money in the account);
• poor advice from bank staff;
• false information;
• transfer of bank client data to a third party;
• inappropriate behavior of bank employees.

Quite often there is a claim against a bank for fraud, and this category often includes mistakes made by employees of a financial institution when drawing up contracts and loans. A claim for the return of insurance is submitted in cases where the client does not agree with the increased interest rate when drawing up a loan agreement. On average, it takes the bank from a week to twenty days to consider a claim.

Grounds for emergency situations

1. Failures or possible lack of communication between the ATM and the Internet.
2. Technical problems with the ATM hardware.
3. Possible software failures of banking equipment.
4. There are no funds available at the ATM.

The bank's claims work with claims regarding the work of clients with ATMs is based on:

• on prompt and timely processing of all incoming complaints,
• urgent elimination of all types of reasons that served for each complaint from the client. This is directly updating the ATM software, immediate technical maintenance, as well as repairing faults.

In the article we will try to thoroughly examine and focus on the types of elimination, procedures for receiving complaints from clients, as well as processing claims from clients of the institution, conducting an investigation and making decisions by the organization’s management on a particular complaint.

The main goal that guides all banks is to improve the quality of service and provision of services as much as possible, so that the client is always satisfied and wants to contact this bank again.

The bank’s special task in achieving this goal is the formation of systematic work with customer requests. This system will allow for the consideration of a complaint and the adoption of appropriate decisions on it quickly and almost without significant costs.

Components of this system:

• A complete list of all participants in the process;
• An absolute list of the entire technological stage of this process;
• Transparent and gradual actions of each department in the review process;
• Technological side.

It is worth paying special attention to the fact that when working with customer complaints about the operation of ATMs, everything must be coordinated on the one hand - the general principles of complaint work with the banks themselves, and on the other hand - the consequences of deficits or surpluses of funds identified in the cassette compartment of the ATM . After an employee of the institution pulls it out of the device and delivers the part to the bank for further recalculation - reasons for excess or shortage, a detailed description of the technical failure is made, which could have happened by accident or with the participation of a bank employee.

It is for this reason that banks try to build this process correctly and do not miss opportunities to further modernize the process, because often the client does not intend to contact the bank when he received excess funds from an ATM.

Following from the above, it is worth understanding that only an integrated approach will allow you to understand everything, and therefore, now we will try to consider everything in more detail.

How to write a complaint to the bank?

To resolve the issue as quickly as possible, you should write a claim to a credit institution, guided by the Civil Code of the Russian Federation, the Federal Law “On the Protection of Consumer Rights” and the Federal Law “On Banks and Banking Activities”.

This approach will allow you to quickly find out the bank’s position on the problem that has arisen, and will also speed up its solution. In most cases, preparing a claim is a mandatory step in resolving disagreements between the parties before going to court.

To properly file a claim you must:

• decide on the subject of the appeal
• think over the structure of the document being prepared
• create a document of the correct form and content

The claim to the bank must contain:

• full name of the credit institution, its legal address, as well as the address of the branch, names and surnames of bank employees, if necessary
• essence of the problem
• name and details of the contract
• applicant's name, surname, contact details
• references to legal norms
• date of claim
• personal signature of the applicant

Copies of supporting documents must be attached to the claim.

USEFUL: watch the video on how to file a claim, write your question in the comments of the video to receive free legal advice

How to recall a payment to Sberbank Business Online?

Business representatives also often make erroneous payments that require revocation. In LC Business Online for this you need:

1. In the menu, select the section “Payments and transfers”
   .
2. Find the required transaction and click on it.
3. When viewing a document, if it has the status “Accepted by ABS” or “Card Index No. 2”, click “Recall”
   .
4. Confirm your intention and indicate the code received on your phone.

Within 5 min. the request will be processed, the information in the system will be updated, and the status will change to “Canceled.” As with individuals, payments to bank clients cannot be recalled; they are processed instantly.

Documents for a claim to the bank

Applications to the claim may include:

• a copy of a loan or other agreement with a bank
• copy of the insurance contract
• audio or video recording of a conversation with a bank employee
• a copy of the incoming or outgoing cash order
• copy of bank account statement
• screenshots of pages from Internet banking
• and other documents confirming the circumstances of the disagreements that have arisen

The bank claim should be drawn up in two copies: one sent to the bank, the second with the bank’s mark of receipt kept for yourself. The second copy will be useful for obtaining information about the results of consideration of the claim, and in the future, if the result is not achieved peacefully, for filing a claim in court.

How to complain about a Sberbank employee?

Sberbank is a huge structure, which naturally is not able to vigilantly monitor the actions of each of its employees in a specific situation. However, some bank employees can indeed behave extremely inappropriately towards customers. And this must be fought. In order to complain about an employee, first of all, contact the head of this Sberbank branch. Try to explain as correctly as possible what the essence of your complaints is. The manager will definitely take your complaint into account. If it was not possible to resolve the conflict on the spot, use the methods given above.

How to submit a claim to the bank?

After preparing and checking the text of the claim, it must be sent to the bank.

You can do this in the following ways:

1. Personal reception at a bank branch. Contact the nearest bank branch to the customer service department and submit the claim to the head of the bank branch.
2. Contact the bank's legal address. Go to the head office to the complaints department
3. Mail. Send a claim using the postal service or other correspondence delivery service with mandatory receipt of receipt
4. Electronic appeal. Send the prepared document using email
5. Bank website. Send a claim using the feedback forms on the official website of the banking organization.

When choosing any method of transmitting a document, it is necessary to record the fact of direction or delivery. Namely: put a mark on the shipment indicating the date of sending at the post office or other organization that carried out the shipment; receive a note that the claim has been delivered to a bank representative, save the sent email; receive a mark on the direction of the electronic form.

This is necessary to calculate the time frame for consideration of the claim.

Reasons for returning payments in Sberbank

Sberbank clients recall transfers for a variety of reasons - from their own carelessness to deception of third parties. The most common cases are:

• incorrect indication of the recipient's details;
• carelessly sending funds to another person, for example, due to choosing the wrong template;
• indicating a larger amount than planned;
• fraudulent actions of attackers;
• mistakes of bank employees;
• the payment is no longer relevant, let’s say they remembered that they paid earlier.

Typically, cardholders apply to Sberbank for a refund due to ordinary typos - it is more difficult to make a mistake when entering details, but specifying the wrong phone number for replenishment is a common situation. Transfers to Sberbank clients are made instantly, according to account details or to third-party institutions - within a few hours and only during business hours.

Time limit for reviewing a claim to the bank

The period within which a banking organization must provide a response to a claim can range from 3 to 45 days. In exceptional cases, this period may be extended. This is in practice, as for the legal deadline, the bank must respond within 10 days.

The specific period for consideration of consumer requirements depends on many aspects and on the individual characteristics of the application.

As a rule, simple issues that do not require detailed investigation and clarification of all the circumstances of the case are resolved quite quickly, within 3-5 days from the moment the bank receives the claim.

More complex problems, for which it is necessary to study the event in detail, take more time and may drag on indefinitely.

To avoid the bank delaying the process, the claim can indicate a time limit for consideration of the claim. It is advisable to indicate it in the range from 10 to 30 days. If the question is urgent, this should also be indicated in the text of the document.

Pre-trial settlement of disputes with a banking organization is one of the most effective and fastest ways to resolve disagreements. Therefore, competent preparation of the text of the claim and correct submission of documents to the bank are guaranteed to increase the chances of a favorable solution to the problem in the shortest possible time.

If you have any doubts about writing a claim, it is better to contact our claims lawyer so as not to waste time or incur additional financial losses.

How it's going

Not only the seller and the buyer are involved in the card payment procedure. There is also a bank that services the card. There is a second acquiring bank that services the seller's account. There is also a payment system that allows Visa or MasterCard transactions to be completed. And they will all take part in resolving the issue. Therefore, you should not count on a quick solution to the problem.

Chargeback scheme:

1. The victim goes to the bank that services the card and writes a statement there. The manager will provide an application form according to the bank's form. It must be accompanied by an evidence base.
2. The issuing bank servicing the card sends a notification of receipt of the claim to the acquiring bank that services the account/card of the second party, let it be the seller.
3. The acquiring bank, in turn, sends the request to the seller.
4. The seller is obliged, at the request of the servicing bank, to send confirmation of dispatch of the goods (or something else, depending on what is written by the applicant in the claim). That is, he must prove that he has fulfilled his obligations to the buyer in full.
5. The acquiring bank, based on the information received from the seller, makes a decision and communicates it to the issuing bank, which services the buyer’s card.
6. The issuer notifies the buyer of the decision. Accordingly, if the seller could not prove the fulfillment of his obligation to the buyer, a refund occurs.

You can only receive a chargeback if the seller is legal.

Sample claim to bank

Public joint stock company "VTB24" Ekaterinburg, st. Lenina, pr.27

From A.

CLAIM

to the bank PJSC "VTB24"

A loan agreement No. 625/0002-0136913 was concluded between PJSC VTB24 and A. In accordance with clause 1.1. The Bank undertakes to provide the Borrower with a loan in the amount of 223,795.48 rubles for a period until December 29, 2017, and the Borrower undertakes to promptly repay the loan amount and pay the Bank the interest and other payments established by this Agreement under the terms of this Agreement.

According to the payment schedule, A. paid monthly at the end of each month an amount of 7272.34 rubles.

From August 2015 to July 2916, I did not pay for the loan because it was not possible. A. warned VTB24 PJSC about the impossibility of paying for the loan, and asked to consider the option of paying for the loan in a smaller amount, but no response was received from the Bank.

In connection with this delay, A. incurred a debt as of September 12, 2017 in the amount of 24,146.21 rubles. and penalties - 96,613.44 rubles, current interest not paid on time - 27,809.33 rubles, overdue debt - 90,107.42 rubles, penalties on overdue debts - 205,327 rubles. 59 kopecks Total 419,857.87 rubles. A total of 444,217.93 rubles.

At the moment, the loan is being repaid according to the payment schedule. The amount of the principal debt is not reduced, and all funds are used to pay off the loan penalty.

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In violation of subclause 3 of clause 2 of the Federal Law “On the Protection of Consumer Rights,” the loan agreement does not indicate the full amount to be paid, the loan interest in rubles to be paid, and the full amount of fees for opening and maintaining a loan account.

In addition, the Bank, in violation of the provisions of Directive of the Central Bank of the Russian Federation N 2008-U, did not provide information on the full cost of the loan.

In accordance with clause 2.6 of this agreement, the amount of the penalty in the form of a fine is 0.6% per day of the amount of unfulfilled obligations. As of September 12, 2017, the amount of overdue debt is 419,857.78 rubles, which exceeds the amount of the principal debt by 17 times.

In accordance with Art. 333 of the Civil Code of the Russian Federation, if the penalty payable is clearly disproportionate to the consequences of violation of the obligation, the court has the right to reduce the penalty. If the obligation is violated by a person carrying out entrepreneurial activities, the court has the right to reduce the penalty, subject to the debtor's application for such a reduction. Accordingly, what if the penalty payable is clearly disproportionate to the consequences of the breach of obligation. The criteria for disproportionality may be an excessively high percentage of the penalty, a significant excess of its size compared to the amount of possible losses caused by the failure to fulfill the obligation, the duration of the failure to fulfill the obligation, and others.

Based on the foregoing,

ASK:

• Write off the amount of overdue debt under loan agreement No. 625/00002-0136913 concluded between A. and Public Joint Stock Company VTB24 in the amount of 419,857.78 rubles
• The applicant's address will be notified of the decision.

Date, signature

Comments: 34

Your comment (question) If you have questions about this article, you can tell us. Our team consists of only experienced experts and specialists with specialized education. We will try to help you in this topic:

Author of the article Irina Rusanova

Consultant, author Popovich Anna

Financial author Olga Pikhotskaya

1. Victor
   10/08/2021 at 11:10 Good afternoon!
   I ordered tires for my car through an online store. I made the payment via Sberbank online from a card, the payment went to Alfa Bank, the store did not send the tires. sent them an application for a refund 9 apparently they will not return the money - scammers). I contacted Sberbank for a chargeback refund. Sber refused, citing that the operation was carried out on the card account and not on the card. Reply ↓
2. Victor
   06.10.2021 at 19:22

   Good afternoon I placed an order for the product, paid for it through Sberbank online using an invoice using legal details. persons, but the goods did not arrive, the seller sent an email. wrote in the mail that for technical reasons he could not deliver the goods and wrote an application for return, after writing the application the answer “Application accepted” was received and the seller disappeared....(does not respond to messages, phone is not available) - scammers. I submitted an application to Sberbank for a chargeback. A refusal was received with the wording that this procedure is provided for trade and service operations using cards, and my operation was carried out from the card account and therefore is not trade and service, what should I do next?

   Reply ↓

3. Alina
   09.25.2021 at 14:10

   Hello! Please tell me in the following situation. 09/17/2021 an order was made, a purchase was made and paid for in Sbermegamarket, IMMEDIATELY after payment Sberbank online at 12-54 hours (at the same time!) 3 SMS arrived - 1st thank you for registering, 2nd order placed and 3rd that the seller does not have the goods, the money will arrive soon. Checks also immediately arrived at the post office - receipt receipt, return receipt receipt. I called the megamarket, they told me that the money was in the bank, and they sent me an SMS with the payment ID. I went to Sberbank, the operator drew up an appeal on September 20, which I did not see, I asked the operator to issue a chargeback, they refused me (and they refused on September 24). I wrote an appeal to Sberbank on September 21, but did not receive a response. The refund was not received on the card, the second week has begun!

   Reply ↓
   Anna Popovich
   09.29.2021 at 00:04

   Dear Alina, file a complaint about the bank’s actions with the Central Bank of the Russian Federation using this link and state your situation, at the same time you can contact the prosecutor’s office.

   Reply ↓

Written appeal

You can write a complaint to Sberbank in ordinary writing. There are several options: the document is drawn up directly in the department on the issued form, so to speak, without delay, and is handed to the employees against signature. The second way is to compose an appeal at home or at work and deliver it in person or send it by mail.

You can also find such a recommendation as writing a complaint directly in the office of the head of the department. This option exists and can be used. Perhaps the boss will not want to take the problem outside the department, and he will help resolve it on the spot. In this regard, all complaints should be addressed to the senior manager of the regional branch: for some misconduct, employees, including the head of the branch, are deprived of bonuses. For senior management, such conflicts are an excellent opportunity to demonstrate their work and skills as an effective manager.

Any appeal submitted personally to the department is registered, with an incoming number, date of receipt and signature of the responsible employee.