How to correctly write a complaint to the Central Bank of Russia about the actions of the bank?

Why does the Bank of Russia accept complaints?

The Bank of Russia, also known as the Central Bank or the Central Bank of the Russian Federation, is the main regulator of the state’s financial and banking system. All other banks and other credit organizations are subordinate to him. In addition, it is entrusted with supervisory and regulatory functions, issuing and revoking licenses.

The list of responsibilities of the financial regulator includes resolving controversial and conflict situations between market participants. In this case, between clients, servicing banks and other credit institutions. The Central Bank of the Russian Federation reports directly to the State Duma.

Is all this effective?

If a bank or other institution providing lending services has actually violated the client’s rights, then you can safely file a complaint. Government bodies will help restore justice, return illegally accrued commissions and resolve other economic or administrative and legal issues without the need to bring the case to court. The Central Bank may punish the violator up to and including revoking the license.

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and receive a sample application to the Central Bank or other regulatory body for filing a complaint or claim.

In what situations should you contact the Central Bank?

The reasons for filing a complaint with the Central Bank of the Russian Federation from individuals and companies may be:

• blocking a card or account;
• high interest rate for withdrawing funds from a card or account;
• high interest rates on the loan or large fines and penalties for violating the terms of the agreement;
• changing the interest rate under lending agreements unilaterally without notifying the borrower;
• illegal accrual of penalties and fines;
• problems related to the operation of the Internet bank or personal account that the servicing bank refuses to solve;
• placing a personal telephone number in a database for auto-dialing and SMS advertising without the client’s consent;
• forcing paid additional services without the need for them;
• violation of the deadlines for issuing a card or crediting funds to it;
• non-receipt or illegal debiting of money from a card or account at an ATM or payment terminal;
• inaccurate information provided by the bank to the Credit History Bureau, which affected the credit rating;
• prohibition or restriction on contacting another insurer and forcing one to work with only one insurance company;
• transfer of debt to collectors, if this is expressly prohibited in the loan agreement;
• refusal to return the paid insurance benefit during the “cooling off period”;
• illegal issuance of a loan, for example, on the basis of a lost or fake passport or to an incapacitated person;
• illegal actions of debt collectors when working with a debtor;
• refusal to issue a deposit, interest on it;
• questionable quality of banking services;
• refusal to issue documents related to the loan;
• dissemination of the client’s personal data or their insufficient protection, resulting in a data leak;
• refusal to open an account or deposit, to carry out transactions, to open or close a bank account;
• writing off money to repay a loan without notifying the client;
• violation of the law when registering collateral;
• disclosure of information related to banking secrecy.

In addition, other violations of legislation, including antimonopoly legislation, may be the reason.

Unlawful actions of financial organizations

Most often, clients encounter such violations:

• Suspension of payment;
• Introduction of a commission unilaterally under a deposit agreement, unlawful withholding of it;
• Change in interest rate under a loan agreement, etc.;
• Introducing a ban or deliberately restricting clients’ right to repay their debt early;
• Transfer of data to third parties without the consent and notification of debtors, depositors, etc.;
• Other violations of current legislation, including antitrust, consumer protection, etc.

For example, in 2010, institutions such as Uniastrum Bank, SKB Bank and Investtorgbank prevented clients from replenishing deposits at interest rates in accordance with previously concluded agreements. These financial structures made a marketing move by signing agreements with investors at the most favorable interest rates for them, and then unilaterally changed the conditions. Their actions were recognized as illegal and a manifestation of unfair competition.

Another case is allowing clients to replenish a time deposit for free when concluding an agreement with Transportny Bank, and then deducting a 5% commission . Similar violations were observed in other financial institutions, including the nationally known bank Tinkoff. In these cases, it was possible to eliminate the violations pre-trial, saving clients from lengthy and expensive legal proceedings.

The most pressing issue has become the suspension of financial transactions with signs of legalization of illegally obtained money. Based on the regulation of the Central Bank No. 375-P of 2012, banks are required to take measures to identify dubious transactions in the activities of clients. The result is that during the period from January to October 2021, 480 thousand transfers were suspended for a total amount of about 200 billion rubles.

Reasons for this situation:

• Formal approach of bank employees when checking monetary transactions;
• Making a decision based on one or two signs;
• Ignoring the provisions of civil legislation prohibiting such actions (clause 3 of Article 845 of the Civil Code).

As a result, the courts satisfy the claims in three out of five cases. This means that it is possible and necessary to defend violated rights before banks, thereby preventing their further illegal actions. And the process needs to begin with a pre-trial settlement of the conflict, including an appeal to the Central Bank.

What to consider when filing a complaint

To file a complaint with the Central Bank of the Russian Federation, adhere to certain rules of correspondence:

1. The text style is formal business. Minimum emotions and maximum facts. This will help not only understand the current situation, but also give an objective answer that will help find a way out.
2. The text is succinct but concise. Verbosity and deviation from the essence may harm the content, and the appeal will not be considered.
3. The complaint is made by the applicant. The Central Bank does not provide answers without indicating the details of the person who is applying.

Before sending complaints to the Bank of Russia, try to find out the situation with the servicing financial institution. At the same time, it is important not only to listen to what the specialist answers, but also to request references to the legal or internal documents that he is guided by. All specified documents, points and excerpts can then be used in the text of the complaint drawn up and sent to the Bank of Russia.

If there is any doubt that a personal meeting or telephone call to the hotline will provide complete information, it is better to submit your request in writing. Typically, a lawyer will work on drafting the written response. Therefore, the text will include all necessary references to clauses of the agreement, legislative acts, decisions of the Code of Administrative Offenses, internal regulations and other grounds.

Completing a complaint correctly

From the information presented above, we can conclude that your claims must be stated in as much detail as possible and attached files with evidence and a written response from the bank. This will speed up the review of your application and increase the chances of success.

It is imperative to indicate the addressee of the complaint - the full name of the institution or full name of the official, as well as reliable information about yourself + contact information for receiving a response.

The claim is presented in any order, the main thing is in detail: what happened, on what grounds, what clauses of the agreement or law the bank violated, what damage was caused by its actions, etc. A written refusal from the bank, a screenshot of correspondence with the employee, a copy of the agreement and other documentation that will help in solving the problem. The more facts, the better. Keep your emotions to yourself.

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At the end, you need to add what actions you expect from the supervisory agency: give a legal assessment, bring the perpetrators to justice, etc.

How to complain about a servicing bank

You can take the completed claim to the public reception of the Central Bank. It is located in Moscow, per. Sandunovsky 3 building 1. Schedule:

• from 10:00 to 18:00 - on Monday;
• from 10:00 to 16:00 - Tuesday, Wednesday and Thursday;
• Friday, Saturday and Sunday are days off.

The public reception is closed on weekday holidays and public holidays.

During the coronavirus quarantine period, the reception office also does not receive citizens in person. The resumption of the work schedule will be announced additionally on the Central Bank website. During this time, you can use other options for filing a complaint.

Other serving options

In addition to the public reception, they file a complaint with the Central Bank of the Russian Federation:

• through the Internet reception;
• by fax;
• by registered mail;
• by calling the Central Bank of the Russian Federation hotline.

The latter option is used when a conflict of interest arises on the part of Central Bank employees.

Online reception

Filing a complaint through the online reception is the most common way for most Russians to file a complaint. This option is suitable for anyone who cannot attend a public reception in person, but still wants to receive a detailed written answer.

To register a complaint in the system:

1. Go to the website of the Central Bank of the Russian Federation.
2. Go to the "Complaint" section.
3. Write the subject of the letter. For example, failure to meet the deadline for card production or imposition of paid services.
4. Select whether the complaint relates to banking products, banking activities, insurance companies or other services.
Read also:  Technical examination of goods of inadequate quality: concept, conditions, procedure and maximum permissible deadlines
5. If the complaint relates to insurance, please go to the section below.
6. Describe the problem, leave cantata data and indicate which method of obtaining an answer is most suitable.
7. Check the data and wait for a response.

All requests that fall within the competence of the Bank of Russia are considered and responded to.

Fax

A claim to the Central Bank can be sent by fax to the following numbers in Moscow:

• 621-64-65;
• 621-62-88.

The extension code for calls from other cities and regions is +7 (495) before the phone number.

By calling 771-48-30 you can check whether your request has been received or not. If you plan to go to court, it is better to use other methods of appeal - registered mail or online reception. Fax requests may not be taken into account in court.

Ordered letter

Written requests by registered delivery to the Bank of Russia are sent to the address: 107016, Moscow, st. Neglinnaya, 12.

You can send the envelope via mail or courier. When sending by courier, it is advisable to ask to put the date of receipt of the request on the second copy, but if the question does not fall within the jurisdiction of the Central Bank of the Russian Federation, then it is not obliged to provide an answer.

Helpline

The “Helpline” of the Central Bank of the Russian Federation can be reached at 8 800 250 48 83 . Calls are accepted 24 hours a day, 7 days a week. Individuals and companies can contact this service with information:

• on the identification or suspicion of corruption in the actions of bank employees of the Central Bank of the Russian Federation;
• if a conflict of interest arises in the work of employees of the Central Bank of the Russian Federation;
• non-compliance by employees of the Central Bank of the Russian Federation with prohibitions, restrictions, obligations, and legislation of the Russian Federation.

It is not recommended to use the service for other purposes. They will not respond to calls or requests that do not relate to the listed facts.

Powers of the Central Bank when considering appeals

The Central Bank of the Russian Federation issues licenses for banking activities and monitors compliance by credit institutions with banking legislation. At the request of citizens, the Central Bank has the right to initiate an inspection and, if violations are detected, take preventive measures. Thus, the Bank of Russia can block an account from which funds are unlawfully debited, issue a warning to the bank, deprive it of its license, and influence services if an error occurs in recording banking system data.

However, if a bank client needs to return money that was unlawfully withheld, the Central Bank is unlikely to help with this:

he does not have the appropriate powers. In this case, you need to contact the prosecutor's office or court.

The practice of considering citizens' appeals by the Central Bank shows that this organization most effectively solves the problems of inadequate banking services. In case of legal problems, the appeal is usually redirected to other, more competent structures: FAS, Rospotrebnadzor or the prosecutor's office.

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What to include in a complaint: document samples

There is no universal form for a complaint to the Central Bank that is suitable in all cases. But the text of the claim submitted to the Bank of Russia must contain:

• The full name of the applicant, even if the company is applying, the personal information of the director or manager on whose behalf the complaint is made must be indicated;
• TIN and OGRN for legal entities;
• telephone for communication;
• address for sending the response - email or postal;
• the name of the company against which the claim is being made, bank, microfinance organization or other reporting organization;
• a description of the situation that served as the reason for contacting the Central Bank of the Russian Federation;
• the essence of the claim, as well as demands or proposals that will satisfy the applicant;
• a list of supporting documents that certify the claim;
• links to legislative acts;
• date of filing the complaint and signature of the applicant.

You can submit an appeal yourself if you have done thorough preparatory work. But if the applicant plans to go to court, and the complaint becomes a stage of pre-trial or judicial settlement, then it is better to contact a lawyer or advocate. He will competently compose the text of the appeal and will be able to point out all violations from the point of view of the legislation of the Russian Federation.

The sample complaint to the Bank of Russia is different for an individual and a legal entity. To give you a general idea of ​​what this document looks like, download links have been provided.

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For a specific appeal, you will need to refer to those federal laws and violations that apply to your case.

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.

Case practice

In most cases, the submission of a justified, reasoned claim with documents attached and all necessary data indicated, is accepted for consideration by the Central Bank. The Central Bank's intervention in the matter has a strong impact on credit and insurance companies and banks.

If the Central Bank accepts an appeal for processing, it receives the right:

• initiate inspections of a controlled institution;
• issue requests for written explanations and information;
• collect fines and punish administratively.

If the actions of Central Bank employees do not have quick results, and businessmen continue to unsubscribe, they risk not only the payment of monetary compensation in favor of the state.

A justified claim and its ignoring is good ground for a win-win lawsuit. In addition, we may already be talking about failure to comply with the legal requirements of the financial market regulator, and this is classified as a criminal offense with serious consequences for illegal businessmen.

How long does it take to process an application?

A regular complaint that does not require the involvement of other supervisory authorities and inspections will be considered within 7-30 business days. If a credit institution has committed serious violations, the investigation period can last up to 2 months. But most often, a response or an interim letter about additional verification is received by the applicant within 30 days.

After completing the verification, the Central Bank sends a response to the communication channel that was indicated as preferred. If the request is sent through the online reception, then the response will be sent electronically to the specified e-mail. In other cases, a registered letter is often sent to the sender's specified postal address.

What to complain about

You can complain about any case of injustice that entails certain consequences, about the action or inaction of the bank in a given situation. Common types of violations are described above. In reality there are much more of them. You need to seek help if moral, physical or property damage has been caused. The algorithm of actions depends on the severity of the situation. Sometimes it makes sense to make the situation public, but there are moments that require the intervention of serious authorities.

Where else can you file a complaint?

If it was not possible to solve the problem through the Bank of Russia, then you can contact other authorities:

1. Rospotrebnadzor - in case of violation of the rights of the client as a consumer of a service or banking product. And also in the case when the client did not have enough information to make a decision or it was unreliable.
2. The prosecutor's office - in case of violation of the civil rights of clients.
3. Federal Antimonopoly Service (FAS) - in case of a unilateral change in conditions, for example, an increase in the interest rate on a loan or a decrease in the deposit. The content of the complaint should indicate, not the conditions, but the fact that in this way the bank obtained a competitive advantage in an illegal way. Here you can also complain about SMS spam, which endlessly rains down on the client.
4. Association of Russian Banks , which not only protects the interests of banks, but also strives to improve their work. This organization's website also accepts complaints from customers.
5. Financial Ombudsman's office . This impartial institution for resolving disputes appeared in the Russian Federation 12 years ago. The Financial Ombudsman does not look for someone to blame. It helps to find a compromise between the bank and the client on mutually beneficial terms.

You can write an appeal to any of the above organizations if the violations are related to:

• dissemination of personal information;
• carrying out transactions on client accounts without his order and consent;
• transfer of securities owned by the client to third parties;
• changing the terms of the contract, which led to a violation of consumer rights and civil rights.

Complaints can be submitted to all these authorities simultaneously. It is especially important to do this if a lawsuit is brewing between the client and the credit institution. In this case, it is better to enlist the support of an experienced lawyer. He will help you correctly draw up all documents with reference to current legislation and in compliance with established procedures.

about the author

Klavdiya Treskova - higher education with qualification “Economist”, with specializations “Economics and Management” and “Computer Technologies” at PSU. She worked in a bank in positions from operator to acting. Head of the Department for servicing private and corporate clients. Every year she successfully passed certifications, education and training in banking services. Total work experience in the bank is more than 15 years. [email protected]

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Talk to the bank first

You can contact the bank orally and in writing, including via the Internet (write to chat or email). You need to request a detailed report on the problem that has arisen and ask for it to be resolved.

The procedure for resolving disputes is specified in the agreement of the parties. Almost always there is talk about negotiations. If, as a result of negotiations, the parties were unable to reach an understanding, the party that considers itself to be the victim has the right to go to court.

Sberbank has an ombudsman service. She deals with controversial and non-standard situations. To apply there, you need to meet a number of requirements, all of which are described on the service page.

Be sure to receive a response with the bank's decision in writing. This way you can confirm that you have contacted the organization with a request to resolve a conflict situation.

Customer support services of large banks

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

1. 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 17:57

   Dear 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 ↓