How to write a complaint to the central bank about the actions of the bank. Letter cbr

Is acting Edition from 19.09.2001

LETTER OF THE CB OF THE RUSSIAN FEDERATION dated September 19, 2001 N 08-17 / 3474 "ON THE ORDER OF ACCEPTANCE AND EXECUTION BY BANKS OF EXECUTIVE DOCUMENTS"

The Bank of Russia has examined correspondence regarding the procedure for acceptance and execution by banks of executive documents in connection with the application of Federal Law of 21.07.97 N 119-ФЗ "On Enforcement Proceedings", and reports.

The Federal Law "On Enforcement Proceedings" defines the conditions and procedure for the enforcement of judicial acts, as well as acts of other bodies by bailiff services.

Article 5 of the aforementioned Federal Law obliges banks and other credit organizations to comply with the requirements of judicial acts and acts of other bodies on the recovery of funds in cases provided for by federal law. At the same time, banks and other credit organizations, in accordance with part 3 of this article, are not enforcement bodies and do not carry out enforcement actions.

In accordance with Art. 6 of the Federal Law "On Enforcement Proceedings", the collector has the right to send a writ of execution, which contains the requirements of judicial acts and acts of other bodies on the recovery of funds, directly to the bank, if the collector has information about the debtor's accounts there and the availability of funds on them, or to the bailiff, if he does not have such information. Within three days from the day of receipt of the writ of execution by the recoverer or bailiff, the bank or other credit institution performing the servicing of the debtor's accounts shall fulfill the requirements for the recovery of funds contained in the executive document or make a note of the complete or partial non-fulfillment of these requirements due to the absence on the debtor's accounts, sufficient funds to satisfy the requirements of the collector.

The specified article of the Federal Law "On Enforcement Proceedings" establishes the procedure for ensuring enforcement actions by banks or other credit organizations operating in accordance with the requirements of the Federal Law "On Banks and Banking Activities", the Civil Code of the Russian Federation, other federal laws and adopted in accordance with them normative acts of the Bank of Russia. The establishment of the procedure for execution by banks of executive documents regarding the debiting of funds from accounts of debtors is not subject to regulation of the Federal Law "On Enforcement Proceedings".

In this regard, the interpretation of Art. 6 of the Federal Law "On Enforcement Proceedings", which imposes obligations on banks and other credit organizations to recover funds in the debtor’s accounts, and not to conduct banking operations on the debtor’s account in order to ensure enforcement actions performed by enforcement bodies or to exercise the right collector, contrary to the functions established in relation to banks and other credit organizations Art. 5 of the specified Federal Law, as well as the norms of Art. 9 of the Federal Law "On Banks and Banking Activities", in accordance with which a credit institution may not be obliged to carry out activities not provided for by its constituent documents, unless the credit institution has assumed appropriate obligations or cases provided for by federal laws .

The Federal Law "On the Central Bank of the Russian Federation (Bank of Russia)" includes the establishment of rules for settlements in the Russian Federation, banking operations, accounting and reporting for the banking system within the competence of the Bank of Russia. In accordance with the rules of bookkeeping in banks, the basis for writing off funds from the client’s account is a settlement document.

The operation to write off funds from the client’s account without his order (Article 854 of the Civil Code of the Russian Federation), ensuring the enforcement of executive actions, is performed as part of collection payments (Article - Civil Code of the Russian Federation), involving the bank taking actions to receive from the payer payment on the basis of a collection order.

Considering the above, Bank of Russia Regulation dated 12.04.2001 No. 2-P "On non-cash payments in the Russian Federation" provides for the procedure according to which, when collecting funds under executive documents, a collection order must be submitted to the bank with the attached executive document. This procedure applies to legal entities and bailiffs who have the ability to compile and execute collection orders in the manner specified by this Regulation. The submission by these persons to the bank of a collection order for the settlement transaction does not contradict the law.

The procedure for filling collection orders by individuals collecting money is not established by regulatory acts of the Bank of Russia. In order to implement the provisions of Article 6 of the Federal Law "On Enforcement Proceedings" of July 21, 1997 N 119-ФЗ, the Bank of Russia is developing a procedure for receiving and executing by banks of executive documents presented by recoverers - individuals. Prior to the entry into force of this normative act, the collection of funds from the payer's accounts on the basis of executive documents, the recoverers of which are individuals, should be carried out through the bailiff.

We also draw attention to the fact that the decision of the Supreme Court of the Russian Federation dated 21.05.99 N GKPI 99-364 on the invalidation of certain paragraphs of the Rules of cashless payments in the national economy of 30.09.87 N 2 (expired in connection with the issuance of the Bank of Russia order of 15.06 .2001 N 978-U) is of an individual nature, is not a source of law and is designed for a single application, since it does not contain any general rules of conduct, but only applies the relevant provisions of the Federal Law "On Enforcement Proceedings" to a specific beam. In addition, the general principles of legal proceedings do not introduce, with regard to a body whose normative act or part of it was found to be inconsistent with applicable law, a ban on the use of the norms contained in the relevant normative act in the subsequent publication of other normative acts.

Vice-chairman
Central bank
Russian Federation
T.N. CHUGUNOVA

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The Bank of Russia is a supervisory authority, that is, it regulates not only the financial situation in the country, but also closely monitors the activities of commercial banks. Sometimes we all turn to a financial institution to resolve our financial issues, but sometimes the services at a commercial bank do not meet the requirements of the law or directly violate consumer rights. Therefore, if you have suffered from the activities of the bank, you can write a complaint to the Central Bank of the Russian Federation, but first you need to carefully study how to write a complaint to the Central Bank about the actions of the bank, because this procedure has its own characteristics and nuances.

What to complain to the Central Bank

As mentioned earlier, the Bank of Russia is a controlling body among commercial banks; accordingly, it monitors all operations of financial institutions and monitors compliance with the laws in force in our country. Despite the fact that many commercial banks try to comply with all the rules of the law, otherwise, they may lose their license, but there are times when, for whatever reason, the client’s rights have been violated. Let's look at some of the most common examples that customers complain about:

the bank has not complied with the legal requirements of the client in the provision of any financial services;
the imposition of additional paid services in order to increase profits;
conducting financial transactions on customer accounts without his consent;
unilateral amendment of a deposit or loan agreement;
increase in interest rates during the lending period;
incorrect work of bank employees;
transfer of personal data to third parties without the consent of the client, violation of the law on bank secrecy;
assignment of the right to claim debt without the written consent of the borrower.

First of all, it should be noted that before you write a letter to the Central Bank of Russia and complain about the actions of the bank, you need to know the laws well, because some actions of credit and financial organizations fit into the framework of the current legislation. Accordingly, if you decide to complain about the bank, then at least consult with a competent lawyer or independently study all the laws that control banking in our country.

Central Reception Office

Complaint online

If you want your appeal to be considered as soon as possible, then it’s wiser to go to the official website of the Central Bank of the Russian Federation, write a complaint and send it for consideration, because every banking client has an online reception. We give detailed instructions on how to complain about the actions of the bank through the Central Bank through the Internet reception. First you need to open the official website, which is located at http://www.cbr.ru/. After the main page opens in front of you, in the upper right corner you will find the link "Internet Reception", click on it.

indicate the reason for your complaint; for this, select the organization that violated your rights from the list, in this case we are talking about commercial banks;
further, click on the topic of your complaints, namely, on what issue would you like to address: lending, deposits or other services;
after that, a list of typical violations will open before you, select the one you need from the list and click on the link;
further, you will need to fill out a form and indicate the name of the organization with which your appeal is associated;
you need to specify the region of residence;
fill in personal information and your contact details;
fill in the complaint text;
attach files if necessary.

It is worth paying attention to the text of the complaint, here you can state the essence of your problem in absolutely free form, that is, describe in detail the situation that happened to you when you contacted a financial institution. You can also attach files, namely photographs or scans of documents, videos or audio recordings that you have and may indicate a violation of your rights by the bank.

Application form for the applicant

The procedure for handling and handling electronic complaints

If you want to write a complaint to the Central Bank of Russia on the Internet, then it will be useful for you to know how central bankers consider appeals from individuals. To be more precise, complaints are processed on the basis of Federal Law No. 59 “On the Procedure for Considering Appeals of Citizens of the Russian Federation” in accordance with it, the time for consideration of written appeals is 30 calendar days from the date of receipt of the appeal. In addition, the applicant has the right to receive a written response to his appeal only if he has indicated his contact details and last name, first name and patronymic.

Please note that you can personally go directly to the reception of the Central Bank, located at Moscow, Sandunovsky Lane Building 3, Building 1. You will find the working hours on the official website of the Central Bank of Russia. Reception is by appointment.

How to send a complaint by registered mail

If you are not an active Internet user, you can make a complaint in writing and send it to the Central Bank. The procedure here is not much different, because the main task of the applicant is to clearly describe the essence of his problem, but we will consider a sample complaint about a bank at the Central Bank of the Russian Federation later.

So, if you want to send a complaint by letter by mail, then you need to write the text of the complaint in a free form. Further, the letter will need to be sent to address 1201 Neglinnaya Street, Moscow, Bank of Russia.

Please note that you can write a claim and fax it to the following numbers +7 495 621-64-65, +7 495 621-62-88.

Complaints against a bank employee

First of all, it should be noted that you can complain both about the bank itself and its employees, for example, if you are not satisfied with the quality of service or an employee of a financial institution has somehow offended your dignity. By the way, in this case it is wiser to first send a written complaint to the management of the bank, and if it is in no hurry to take measures, then you need to complain to the Central Bank, and you need to be guided by some rules:

indicate the name and address of the branch of the bank in which you were served;
indicate the data of the employee, his surname, name, patronymic and position;
describe the situation in as much detail as possible.

By the way, when drawing up a complaint, it is necessary to refer to the legislation of the Russian Federation.

Complaint text

Consider what the complaint to the Central Bank about the bank’s actions will look like. Sample:

In the upper right corner, indicate to whom you are sending a written request and the mailing address of the organization.
You need to write the text of the appeal, first of all, indicate when you applied to the bank, write its address and time of the appeal.
Write the name of the employee who provided you services with his last name, first name, middle name and position.
Describe in detail the current situation in free form.
Next, indicate under which articles of the law your rights have been violated.
In the last paragraph of the appeal, indicate that you want to hold the bank employees accountable or take measures in respect of the financial institution.

Important! Do not forget to indicate in what way you would like to receive an answer to your appeal: by registered mail via mail to your home address or by email.

Where to complain about the bank

Undoubtedly, such a situation can happen to each of us that the bank employees violated your rights or the financial institution changed the terms of the contract unilaterally. But in any case, you can apply not only to the Central Bank of Russia, but also to other bodies supervising banking activities. For example, if for some reason your service at the bank did not suit you, then you can send a complaint to Rospotrebnadzor.

Complaint to the Antimonopoly Service

If you are rude to a bank employee or behaved incorrectly towards you, you can first contact the head of the unit or the head office, in this case, the issue can be resolved as soon as possible without involving Central Bank employees.

If the cost of banking services seemed to you very high, then you can safely write a complaint to the FAS Antimonopoly Service. And if funds disappear from your account and bank employees cannot explain for what reason, then they can safely write a statement to the prosecutor's office. It is very important to follow certain rules when drawing up written complaints:

Try to describe in a correct form as detailed as possible the situation that happened to you, while you need to take into account every little thing, namely the time of the visit, namely the data of the person who served you.
Leave all the information about yourself, because when considering applications, the answer can only be received by the applicant who has indicated all his contacts, as well as his last name, first name and patronymic, otherwise, the appeal will be accepted as anonymous.
At the end, do not forget to indicate exactly what result you would like to receive from your appeal, for example, return excessively paid interest to a bank or punish an employee.

Thus, you can always protect your rights and interests, return illegally deducted funds and punish dishonest and incompetent employees. Moreover, to achieve maximum results, it makes sense to contact several supervisory authorities at once, which protect the interests of clients.

BANK OF RUSSIA dated 19.06.2012 N 383-P
"ON THE RULES FOR THE IMPLEMENTATION OF MONEY TRANSFER"

Question: How should this acceptance be drawn up in advance? What information must be contained in the acceptance in advance (conditions on the amount, the procedure for determining it, the term, etc.)?

Answer: When drawing up the payer's acceptance in advance, one should be guided by the requirements of paragraph 3 of Article 6 of the Federal Law "On the National Payment System" (hereinafter referred to as the Federal Law on NPS), according to which the payer's acceptance can be given in the agreement between the money transfer operator serving the payer and by the payer either in the form of a separate document or message, taking into account the requirements for the content of the acceptance established by clauses 4, 8, 13 of article 6 of the Federal Law on NPS.

In accordance with clause 2.9.1 of the Regulation of the Bank of Russia dated 19.06.2012 N 383-P "On the Rules for the Transfer of Funds" (hereinafter - the Regulation N 383-P), a given acceptance of the payer can be given in advance, indicating, including , the amount of acceptance or the procedure for its determination. Moreover, the requirements for the procedure for determining the amount of this acceptance in advance are not established by Regulation N 383-P. The payer has the right to independently indicate the procedure for determining the amount in advance of this acceptance. The parties to the agreement have the right to indicate the possibility of the submission by any or any recipients indicated by the payer of funds to the bank of payment claims, both for a specific amount, and in the amount of claims made.

When making this acceptance in advance, the norms of part 14 of Article 6 of the Federal Law on NPS should be taken into account, according to which if it is not possible to verify the requirements of the payee to the conditions of the payer's acceptance in advance, the money transfer operator serving the payer is obliged to return the payee's demand without fulfillment, unless the contract provides for an obligation in the indicated case, request the acceptance of the payer from the servicing payer of the money transfer operator.

Question: Is an acceptance required when choosing in the agreement between the payer bank and the payer such a form of payment as collection payments?

Answer: According to paragraph 1 of Article 6 of the Federal Law on the NPS, the money transfer operator writes off funds from the payer's bank account with his consent (payer's acceptance) by order of the recipient of funds. Accordingly, acceptance as a concept arises only in settlements in the form of a transfer of funds at the request of the recipient of funds (direct debit), therefore, receipt of an acceptance is not required in settlements by collection orders.

Question: In what form the bank can notify the recipient of funds about the refusal of the payer's acceptance or non-receipt of the payer's acceptance on the payment request. Can a bank use a copy of a payment request as a notification, indicating the reason for the return on the back of the payment request?

Answer: Regulation N 383-P does not contain requirements for the notification form in electronic form or on paper, sent by the payer bank to the sender of the order in case of refusal of the payer's acceptance or non-receipt of the payer's acceptance of the payment request, while paragraph 2.9.2 of Regulation N 383-P a mandatory indication in the notice of the date and affixing on the paperback of the bank stamp and the signature of the authorized person of the bank are provided.

In accordance with clause 1.11 of Regulation No. 383-P, a credit institution may establish a notification form in electronic form, on paper or as a notification, use a copy of the order on paper, which indicates the date, reason for the return, affixed the bank stamp and signature of the bank's authorized person .

Question: Which form of cashless payments can be used when debiting funds from a bank account in case of arrears to the supplier?

Answer: In accordance with Article 862 of the Civil Code of the Russian Federation (hereinafter referred to as the Civil Code of the Russian Federation), the parties to the contract are entitled to choose and establish in the contract any of the forms of payments specified in the Civil Code of the Russian Federation, as well as payments in other forms provided by law established in accordance with banking rules and business practices applicable in banking practice.

When making non-cash payments in the form of a transfer of funds at the request of the recipient of the funds, a payment request is applied, which is accepted for execution and executed by the payer bank if the payer accepts it in advance or receives the payer's acceptance. In this case, the right of the recipient of funds to submit claims to the payer's bank account should be provided for by an agreement between the payer's bank and the payer.

The parties to the main contract have the right to indicate the possibility of the recipient presenting funds to the bank of payment claims with the given payer's acceptance in advance. The conditions of this acceptance in advance follow from the main contract between the payer and the recipient of funds.

A payment claim is used, as a rule, in settlements for delivered goods, work performed, services rendered, as well as in other cases established by the main contract.

When transferring funds in the form of settlements by collection orders, a collection order is applied if there is a condition in the bank account agreement between the payer and the payer's bank about writing off funds from the payer's bank account and providing them with information about the payee having the right to present collection orders, about the payer's obligation and the main contract, including in cases provided for by federal law.

Collection orders are applied in cases of collection of funds in accordance with the legislation, including for collection of funds by bodies performing control functions, for collection under executive documents, and can also be applied in cases provided by the parties under the main contract.

When making cashless payments, the parties to the agreement have the right to use both payment requirements with a given acceptance in advance if the payer has given this acceptance in advance with respect to these requirements of the payer, and collection orders if there is a condition in the bank account agreement on the debit of funds from the payer's account in cases provided for parties to the main contract.

Question: Does the bank have the right to decide on the use of the form of the payment order established by Regulation No. 383-P when making transfers by customers of the bank in foreign currency? What is the procedure for filling in the details in this case?

Answer: Regulation N 383-P establishes the rules for the transfer of funds by banks in the Russian Federation in the currency of the Russian Federation.

A credit institution has the right to decide on the use, in order to transfer funds in foreign currency, of both forms established by the Bank of Russia and other forms of orders approved by internal documents of a credit institution.

In the case of using a payment order established by Regulation No. 383-P, the procedure for its preparation is established by the credit institution taking into account the requirements of the legislation governing the transfer of funds in foreign currency on the territory of the Russian Federation, while the accounts indicated in the payment order must correspond to the currency in which the transfer of funds is carried out.

Question: What is the procedure for filling out the details of the payment order "Purpose of Payment" and what actions does the credit institution take when a payment order is received that is executed in violation of the established procedure?

Answer: Regulation N 383-P establishes that the transfer of funds is carried out by banks on the orders of customers, including those used as part of non-cash payment forms.

According to Appendix 1 to Regulation N 383-P “List and description of details of a payment order, collection order, payment request”, the purpose of payment 24 “Purpose of payment” shall indicate the purpose of payment, name of goods, work, services, number and date of contracts, goods documents, and other necessary information may also be indicated, including in accordance with the law, including value added tax.

Regulation N 383-P does not contain requirements for specifying a complete list of values \u200b\u200bthat may contain the requisite "Purpose of payment" of a payment order. With a large amount of information, the generalized name of paid goods, work performed, services rendered can be indicated, for example: “for electricity”, “for information services”, etc.

In accordance with clause 1.7.2 of part III of the Bank of Russia Regulation No. 302-P dated March 26, 2007 "On accounting rules in credit organizations located in the Russian Federation" (since January 1, 2013 Bank of Russia Regulation No. 385-P dated 07/16/2012) the client is obliged to indicate in the settlement documents the purpose of the payment, a clear statement of the nature of the operation.

Upon receipt of a payment order, the Bank is obliged to check the completion of the "Purpose of payment" requisite regarding the availability of the name of the paid service, a reference to the number and date of the contract or commodity document.

Question: Is the bank entitled, on the basis of clause 4.3 of Regulation N 383-P, to establish control in the agreement with the client for crediting funds to the account of the recipient with only one requisite - the bank account number of the recipient of funds?

Answer: Based on the norm of paragraph 4.3 of Regulation N 383-P, it follows that when funds are credited to the bank account of the recipient of funds, the recipient of the funds must be identified by at least two details, one of which is the bank account number of the recipient of funds.

Question: Does the counting of 10 calendar days include the validity of the payment order, collection order, payment request, date of its preparation?

Answer: Clauses 5.5, 7.7, 9.6 of Regulation 383-P establish that payment orders, collection orders, and payment requirements are valid for submission to the bank within 10 calendar days from the date of their preparation, that is, the calculation of the term begins on the day after their preparation.

Question: How can a bank exercise control over the certification of the right to dispose of funds in an individual’s account if funds are transferred only on the basis of a client’s application?

Answer: According to clause 3.1 of the Bank of Russia Instructions of September 14, 2006 No. 28-I "On Opening and Closing Bank Accounts, Deposits (Deposits)," a card with specimen signatures and a seal must be presented to the bank by the individual customer together with other documents required to open a current account. However, in the cases stipulated by clause 1.12 of Instruction N 28-I, the card may not be issued.

When transferring funds from an account solely on the basis of an application from a client - an individual, with the bank drawing up the settlement documents necessary for the specified banking operation, the requirements of paragraph 1.15 of Regulation N 383-P apply, in accordance with which, on the basis of the payer's order, including in the form of an application or an agreement with it, the payer's bank may draw up an order (instructions) and make a one-time and (or) periodic transfer of funds.

In accordance with clause 2.2 of Regulation N 383-П, the procedure for executing acceptance procedures for executing orders is established by credit organizations and is communicated to customers in contracts, documents explaining the procedures for accepting procedures for executing orders, as well as by posting information in customer service locations.

The procedure for certifying the right to dispose of funds upon receipt of the application of the client - individual is determined by the bank independently.

Question: Is a payment request partially accepted accepted in the queue of orders not executed on time?

Answer: In case of partial acceptance of the payer of the payment request in case of insufficient funds, the payer’s order is placed on the payee’s account in the queue of orders, drawn up by the bank on the basis of the received Application for acceptance (refusal of acceptance) of the payer and a payment request partially accepted by the payer.

Question: What is meant by the subsequent reimbursement by the payer bank of funds in the amount of the orders executed by the recipient bank?

Answer: According to paragraph 1.5 of Regulation N 383-P, a money transfer can be made by the bank with subsequent reimbursement in accordance with the agreement of the payer bank in the amount of the orders executed by the recipient bank. In this case, the recipient of the funds receives the funds before the funds are credited to the bank account of the bank executing the order, for example, when cash is received in cash using a bank card at an ATM of a credit institution other than the issuer, when funds are transferred without opening a bank account when the bank of the recipient of funds prior to reimbursement provides funds to the recipient of funds.

Question: What should be the separator between the number, month and year in the stamps affixed on orders on paper?

Answer: Appendices 1, 8 to Regulation N 383-P contain a list and description of details of a payment order, collection order, payment request and payment order, which determine, among other things, the requirements for the date format when it is indicated in the details 4, 37, 45, 48 , 62, 63, 66, 71, 72, 41 orders in electronic form and on paper. Moreover, Regulation N 383-P does not contain requirements for the format of the date affixed to orders on paper using a stamp.

Given the above, banks are entitled to use any date formats for affixing with a stamp on orders on paper.

Question: What is the procedure for writing off debts from lease payments from bank accounts in accordance with the Federal Law “On Financial Leases (Leasing)”?

Answer: In order to ensure the rights of the lessor, the Federal Law “On Financial Leasing (Leasing)” provides for the provisions (Clause 1, Article 13), according to which if the lessee does not transfer lease payments more than two times in a row after the lease payment term established by the lease agreement, they are deducted from the lessee’s accounts are carried out in an indisputable manner by sending the lessor to a bank or other credit institution in which the lessee’s account is opened, instructions to debit money from his account in advance cases of amounts of overdue lease payments.

In accordance with clause 7.4 of Regulation N 383-P, collection orders are used for collection when the bank account in the agreement between the payer and the payer's bank contains conditions for debiting funds from the payer's bank account and the payer submits to the payer's bank information about the payee having the right to present collection orders to the payer's bank account, about the payer's obligation and the main contract, including in cases stipulated by federal law. The right to present collection orders to the payer's bank account can be confirmed by the recipient of funds by submitting relevant documents to the payer's bank.

Thus, in order to confirm the right to present collection orders to the payer's bank account, the payee must submit to the payer bank relevant documents containing information about the payee, who has the right to present collection orders to the payer's bank account, about the payer's obligation and the main contract.

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