Legal regulation of banking activities in Russia is carried out by the Constitution, the law “On Banks and Banking Activities” and “On the Central Bank of the Russian Federation”, as well as other regulatory legal acts.
For violation of the law, financial and credit organizations may be subject to various types of liability - from disciplinary to criminal. For example, according to Article 15.26 of the Code of Administrative Offenses, if a credit organization violates the standards established by the Central Bank, it will receive a warning or a fine.
If the bank and its representatives, by their actions or inactions, violate the material rights of a citizen or any regulated procedure, then this citizen has the right to seek protection in court. But first, you usually need to go through claim proceedings.
Simply put, you shouldn’t immediately run to court. First, try filing a complaint against the bank. In the vast majority of cases, this is enough to solve the problem. We will tell you how and where to complain.
How to write a complaint to a bank correctly
In the upper right corner of the application, indicate the recipient's details: full name, position, address of the main bank office. Then indicate who is making the claim. Remember that on paper you need to indicate your full name only in the genitive case (you are answering the question “from whom the claim is being sent”). Indicate the phone number and address of the sender. There is no period at the end of this entry.
Indent a line and write the word “claim” in capital letters in the middle of the sheet. Then state the requirements for the bank in free form.
Claims are considered by the bank in accordance with internal regulations. A bank employee will inform you about the time frame for receiving a response. Make sure that managers register the application and assign it an incoming number.
How to write a claim to a bank for insurance
According to Article 31 of the federal law “On Mortgage”, the borrower is obliged to insure the purchased property in case of damage or total loss. Other insurances are not required, but banks refuse to issue loans to clients without life insurance. Some credit institutions require insurance in case of job loss or require insurance for the borrower and family members. If the bank illegally imposed insurance services on you, file a claim demanding termination of the insurance contract.
In the application, indicate the number of the loan agreement and insurance agreement. Demand the return of the insurance amount. Few people know, but according to Article 16 of the Law of the Russian Federation, you can return the money paid under the insurance contract.
How to write a complaint to Sberbank
Sberbank is the largest financial institution in Russia, and in the technological age, situations arise when equipment failures occur or there is a human factor in problems. This problem can affect anyone. In order to restore justice and resolve the conflict, you need to know how to write a claim to Sberbank and send it.
To properly file a complaint, you should provide a text with a detailed description of the incident and indicating the department number, city, region, date of the event, as well as participants, preferably with positions and surnames. The complaint must contain the essence, for example, unauthorized debiting of funds from a card, etc., and the purpose, say, return of money, replacement of an ATM, or recovery from a negligent bank operator. At the end, you need to indicate the applicant’s contacts - address, phone numbers, email. The claim must be written in 2 copies, one of which the applicant keeps for himself, and the other sends to Sberbank.
Complaints can be roughly divided into:
- Sent directly to the bank.
- Sent to regulatory organizations.
The first option is preferable in most cases. The client will be able to receive a response faster; on the Sberbank website it is possible to monitor the status of the request. It is also worth noting that the principles of decision-making do not depend on the method of transmitting information. The bank considers both requests from bank clients directly and information from the Central Bank of the Russian Federation in the same way.
When contacting directly, the bank has the opportunity to immediately obtain all the necessary information about the client. If regulatory authorities are involved in the proceedings, they will request all information separately. The client must be prepared to provide it.
If you disagree with the decision, the bank client always has the opportunity to challenge the conclusion with the ombudsman service, which reports only to the president of Sberbank.
As for the ways to file a complaint with Sberbank, there are several:
- Bank office
. It is necessary to personally visit any convenient branch of the institution and check with a consultant about the procedure for further action. - Mobile application and web version of Sberbank Online
. A bank client can write a complaint directly in the application (services “dialogues” or “letter to the bank”, “feedback” page). - Contact by telephone
.
Internet call in Sberbank Online, or application by phone: 900
,
+7 495 500 55 50
.
Sample claim to bank
To send a claim to the bank, on the official resource of this financial institution, a special electronic form is attached - a sample. It must be filled out in accordance with the points of the form.
The sample complaint to the bank contains optimal columns for the most complete information and competent filing of the complaint. Not everyone knows how to correctly express their dissatisfaction, but the form is easy to fill out.
Any bank strives to improve its work and service in order to attract customers. For this reason, claims are processed promptly, and decisions are made, in most cases, in favor of the applicants, if the bank employees are indeed guilty.
Who else can you complain to the Central Bank about?
Complaints are written to the Central Bank about the work and specific actions of not only banks, but also other organizations:
- credit cooperatives;
- housing savings cooperatives;
- pawnshops;
- insurance companies;
- microfinance organizations;
- non-state pension funds;
- investment fund managers.
In addition, the Bank of Russia is approached to resolve disputes with statistical authorities, the foreign exchange market, and between participants in the commodity market and the securities market. A complete list of reasons and organizations is posted on the Internet reception page of the Central Bank of the Pension Fund.
Pre-trial claim to the bank
A document in which participants in financial relationships demand the elimination of a violation or fulfillment of obligations under an agreement is a pre-trial claim to the bank. Such letters can be sent by both banks and clients. For example, the bank may require the deposit of funds, and the borrower may restructure illegal or hidden fees.
In agreements concluded between a credit or financial institution and a client, there is always a clause that states that any dispute must be resolved in a pre-trial format. To do this, the parties send claims with a detailed description of violations of articles of Federal laws and other regulations, with a requirement to resolve the situation.
The deadline for consideration of the complaint is specified in the letter. After this time has passed and if one of the parties ignores the claim, you should contact the judicial authorities.
○ Advice from a lawyer:
✔ Are there any differences between a regular claim and a pre-trial claim?
A regular claim can be filed when any dispute arises. The law does not contain restrictions in this regard. A pre-trial claim is filed if this is expressly provided for by the contract or law. It is needed to comply with the pre-trial dispute resolution procedure. Before submitting an application to the bank, we recommend that you study the terms of the agreement. As a rule, it contains a procedure for resolving conflict situations.
Reasons for filing a complaint
The reasons for filing a claim with the bank may be different. For example, rude staff service or technical failures in the operation of ATMs and terminals, as well as more serious violations of Federal laws.
In most cases, clients demand the return of illegal commission fees under loan agreements that were canceled by a ruling of the Arbitration Court. Well, who wants to voluntarily part with money?
Quite often, outrage is caused by illegal debiting of funds for services that the client did not order. Among the dissatisfaction is the incompetence of bank employees and tellers who provide inaccurate information on certain financial products and services. Also, irritation is caused by the imposition by bank employees of services unnecessary to the client, and annoying advertising SMS mailings from banks. More and more claims are coming from customers who have suffered as a result of fraudulent activities of third parties.
Terms of consideration
The law allows 30 days from the date of delivery of the claim to resolve disputes or satisfy the claims of the parties. If the defendant has not taken any action to resolve the dispute, then the plaintiff has the right to file a claim with the arbitration court, which must be accompanied by documents on the pre-trial settlement procedure. Otherwise, the court will refuse to proceed.
Rules for serving a claim
The rules for submitting a claim to a banking institution provide for several methods.
- Personal delivery of the claim to the manager or employee, who must record the letter as an incoming document, with the number and date of receipt of the correspondence. The client must keep one copy of the claim with the seal and signature of the person accepting it.
- The claim can be sent by mail to the local address of the legal entity, necessarily by registered mail and preferably with return receipt requested. In this case, the receipt of payment and the receipt of the notification must be retained as evidence in case of litigation.
Contracts usually indicate the deadline for filing a claim on a particular issue and the time for resolving the dispute. However, not everyone always responds to complaints in order to resolve the conflict. But this does not mean that it is impossible to achieve justice and eliminate violations.
Features of document preparation
A claim, complaint or simple written request is a legal document, so when drafting it it is better to adhere to a business style of communication. This means that there is no room for lengthy stories or listing personal circumstances. Although mentioning belonging to one of the preferential or unprotected categories still does not hurt (you can, for example, write about the presence of a disability, the status of a large family or a combat veteran).
To better understand the situation, information should be presented in chronological order and at the same time try to maintain a balance between brevity and content.
If you separately indicate in the text the desired address where you want to send the response, the bank will be obliged to forward it using the new details.
Where and how to complain
You can write a complaint or claim regarding violations of consumer rights, laws, or unlawful actions of banking structures to several authorities that supervise the financial environment.
Where and how to complain, if necessary? You can send a complaint to:
- Rospotrebnadzor. Through the official Internet resource, in person to the regional Office, Russian Post.
- Central Bank of Russia. In electronic form on the official website, personally submit to the Headquarters or regional division, by mail.
- Roskomnadzor. To the online reception on the Roskomnadzor website, in person to the regional office or by mail, by registered mail with acknowledgment of delivery.
- Federal Antimonopoly Service. Via the Internet resource or its regional office, send by mail, or take it in person
- Financial Ombudsman. In writing or via the official Internet.
Comments: 19
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: Klavdiya Treskova
Consultant, author Popovich Anna
Financial author Olga Pikhotskaya
- Evgeniya
10/08/2021 at 09:14 Hello, I took out a micro loan from Squirrel Cash, they approved 13,000 rubles, they transferred 5,000, but that’s still nothing, they began to write off money from the card, I reissued it, but they didn’t accept money from another card, the next day they started threatening me and my relatives tell me what to do although I can’t get through to them
Reply ↓ Anna Popovich
09.10.2021 at 17:57Dear Evgeniya, in your Belka Credit personal account, enter your login (phone number) and password, click “Login”. Next, open the “Settings” section, delete personal data, linked bank card information, and disable the subscription. Your personal account will be deleted within 5 days, additional services will not be debited. If the threats continue, contact the Central Bank of the Russian Federation and the prosecutor's office.
Reply ↓
08/30/2021 at 09:44
Hello, my daughter took out a loan secured by property, more than a million rubles. 30 thousand were subtracted from this money; consumables without payment name are available. They deducted 70 thousand rubles for insurance, as they say, but there is no insurance itself. These amounts are included in the loan balance; upon oral appeal they explained that 30 are bank services, 70 tr. This is insurance and they printed out insurance under the same name, but for a different person. They responded to a written request to return these amounts with a refusal, 14 days have passed, the period within which 70 thousand rubles can be returned. for insurance, but no insurance was provided. The question is whether the bank acted legally in withdrawing these amounts from the loan and whether it is lawful to demand the return of these amounts. The loan was taken out in April 21, and since then negotiations have been going on, where I act on behalf of the borrower, on the basis of a power of attorney.
Reply ↓
- Anna Popovich
08/31/2021 at 01:22
Dear Alexey Alekseevich, carefully study the contract, what insurance conditions are stated there. The second point is ignoring your demands within the 14 days provided for the return of insurance - this is an objective violation of your rights; you must contact the bank with a corresponding complaint in writing. After receiving an answer, we can talk about further tactics.
Reply ↓
08/30/2021 at 00:07
Hello! I need help filing a complaint online with the Central Bank about illegal actions of the bank. Please help!
Reply ↓
- Anna Popovich
08/31/2021 at 00:06
Dear Olga, you can contact the Central Bank through the Internet reception (cbr.ru/Reception).
Reply ↓
08/14/2021 at 10:53
Hello! They called me from a Moscow phone number and introduced themselves as a credit institution, someone named Boyko, who said that someone named Kravtsov, by my power of attorney, wants to get a loan. I replied that I didn’t know this person. Apparently this organization did not give him a loan, but with this fake power of attorney he can go to another one that will not check the power of attorney and will give a loan in my name. What should I do? I am 60 years old and a pensioner living in the Samara region.
Reply ↓
- Anna Popovich
08/16/2021 at 19:19
Dear Larisa, contact the police; further, such a power of attorney must be revoked by a notary.
Reply ↓
08/06/2021 at 16:16
In 2021, Investtorgbank verbally, without written confirmation, denied me a credit holiday or restructuring of a secured loan. Can I now sue the bank?
Reply ↓
- Anna Popovich
08/06/2021 at 23:06
Dear Evgeniy, unfortunately not. Firstly, because a written response from the bank would be required as evidence, and secondly, the statute of limitations on your question has already passed.
Reply ↓
04/05/2021 at 21:57
Hello. After my mother died, I took over the inheritance. The notary submitted a request to the bank about the accounts that belonged to the mother. Sberbank did not find closed accounts for which compensation was due for “real services”; they were opened on June 20, 1991. I know for sure that they were because at that time I I myself worked at Sberbank and I paid compensation. What should I do? Who should I contact? Help
Reply ↓
- Anna Popovich
04/05/2021 at 22:13
Dear Elena, if you have facts in favor of the fact that Sberbank provided false information on the deceased’s accounts, you can file a complaint with the Central Bank through the online reception on the department’s website.
Reply ↓
03/22/2021 at 09:49
Hello, scammers took money from my Tinkoff credit card, now the bank is forcing me to return this money with interest. They persuaded me to agree that I would pay a certain amount. By now I figured it out, I decided to refuse the agreement, I called the bank and they said that I would have to pay everything. I wrote to the Bank of Russia and Rospotrebnadzor. I just don’t know if I wrote it correctly. I am a disabled person of 3 yrs, I kindly ask you to consider my request.
Reply ↓
- Olga Pikhotskaya
03/22/2021 at 14:11
Vladimir, good afternoon. You can contact the Central Bank through the Internet reception (cbr.ru/Reception). You can chat in the mobile application, call the contact center, or send a message electronically.
Reply ↓
02/16/2021 at 07:14
On January 29, PJSC Sberbank dofl 8615-0140 Kemerovo was written off from the social card; alimony funds for two minor children failed more than once and on February 9 they wrote a claim for a refund today; February 16 no money; the children have been sitting without money for almost 3 weeks. Did the bank have the right to write off alimony?
Reply ↓
- Anna Popovich
02/16/2021 at 20:20
Dear Vyacheslav, alimony payments have a designated purpose and are collected from the debtor in enforcement proceedings for the maintenance of children. It is on this basis that the bank does not have the right to write off them to pay off debt under loan obligations. You have the right to write a complaint to the Central Bank, as described in the article.
Reply ↓
09.17.2020 at 15:54
I, Sikorskaya I.V. a pensioner since 2010, on 01/28/2020 she contacted the Yuzhny branch of Uralsib Bank PJSC in the Adler district of Sochi for re-registration of the deposit. The bank employee immediately began to persuade me to apply for the purchase of investment shares in the same bank. I repeatedly asked (3 times) whether my money (principal amount) would be saved in any case on the market, to which the bank operator (signature on application No. 238701-U602 dated 01/28/2020 - Amelina Kristina Vladimirovna) categorically stated, that of course it will be preserved, and I can’t even doubt it! The most important thing is that after filling out the application and agreement, the bank employee did not let me read it, but immediately gave it to me to sign. On February 5 or 6, 2020, I came to the bank again to pick up my money, because... I read the terms of the contract and realized that my money was not insured, to which the same bank operator again assured me that I would trust her and that I would receive my principal amount at any time and in any case!!! When I finally found out that I was simply deceived at the Adler Uralsib Bank, I wrote a complaint dated March 26, 2020 to the manager against the bank’s actions, to which I received an “answer-unsubscribe” on April 15, 2020, signed by the General Director of Uralsib Management Company JSC A. F. Galimnurov that they allegedly conducted an investigation, which consisted in the fact that the Criminal Code did not investigate on its own (for example: after hearing an audio recording, etc.), but sent a request to the same bank that I am complaining about!!!! Will the bank really not cover up its employee and why was the most powerful argument, the audio recording of our conversation with the bank employee, not listened to!!! After all, this is an obvious, blatant fraud, and for this, this employee and her manager should at least be held accountable. I ask the Central Bank of Russia to look into my complaint (finally listen to the audio recordings of January 28, 2021 and 5.02 or 06 February 2021 of our negotiations) and return my initial amount in the amount of 209,772 rubles, and also hold accountable the employees of the Adler Uralsib Bank who are involved in in my opinion illegal actions. In accordance with Russian legislation, I ask you to provide an answer within a month. If the answer is unsatisfactory, I reserve the right to appeal to the prosecutor's office of the Adler district, the prosecutor's office of Sochi, the Prosecutor General's Office, and finally to the courts of higher instances.
Reply ↓
05/11/2020 at 10:55
Hello, my name is Zina, I found myself in a tezholm situation, I left for Kyrgyzstan on March 13, return tickets, I have to stay at home on March 20 and the borders were closed due to the carnavirus and I am in a foreign country these two months that I am in Kyrgyzstan. I hope the lady will return soon, please ask for preferential or reduced interest
Reply ↓
- Klavdiya Treskova
05/11/2020 at 12:03 Post author
Dear Zina, you should contact the bank where you received the loan. When communicating with a bank representative, explain your current situation and listen to the proposal of the bank employees. Perhaps you will be approved for a credit holiday or offered restructuring. Read what is needed to approve a credit holiday in this article. Don’t delay contacting the bank and then it will be easier for you to find a compromise and not increase the overdue period.
Reply ↓
Rights of the debtor and obligations of the creditor
In the process of financial and commercial relationships, the parties automatically have both the rights of the debtor and the obligations of the creditor. In the stereotypical thinking model, rights are associated with the lender, and responsibilities with the borrower. However, both one and the other party have both rights and obligations.
Regardless of what is stated in the agreement with the bank, the debtor has the right:
- defend your interests by all legal means;
- demand a reduction in the interest rate on the loan;
- for the return of insurance and hidden fees on a cash loan;
- for early full or partial repayment of the loan;
- for termination, re-registration or deferment of loan payments.
The creditor, in turn, is obliged:
- provide funds in the stated amount and on the terms specified in the agreement with the borrower;
- inform the borrower about all changes to the agreement and debt payments;
- maintain confidentiality regarding the client's financial situation.
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