How to write a complaint to the central bank about the actions of the bank

Active Edition from 19.09.2001

LETTER from the Central Bank of the Russian Federation of 19.09.2001 N 08-17 / 3474 "ON THE PROCEDURE FOR RECEIVING AND EXECUTING EXECUTIVE DOCUMENTS BY BANKS"

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

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

Article 5 of the said Federal Law imposes on banks and other credit organizations the obligation to comply with the requirements of judicial acts and acts of other authorities on the collection Money in cases stipulated 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 perform enforcement actions.

In accordance with Art. 6 of the Federal Law "On Enforcement Proceedings", the recoverer has the right to send a writ of execution, which contains the requirements of judicial acts and acts of other bodies on the collection of funds, directly to the bank, if the recoverer has information about the debtor's accounts there and about the availability of funds on them, or to the bailiff-executor, if he does not have such information. A bank or other credit organization servicing the accounts of the debtor, within three days from the date of receipt of the executive document from the claimant or the bailiff-executor, fulfill the requirements in the executive document to collect funds or make a note of full or partial non-compliance with these requirements due to the absence on the debtor's accounts of funds sufficient to satisfy the claims of the recoverer.

The specified article of the Federal Law "On Enforcement Proceedings" established 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 of the regulations of the Bank of Russia. The establishment of the procedure for execution by banks of executive documents in terms of writing off funds from debtors' accounts is not the subject of regulation of the Federal Law "On Enforcement Proceedings".

In this regard, the interpretation of Art. 6 of the Federal Law "On Enforcement Proceedings", which implies imposing on banks and other credit organizations the obligation to collect funds in the debtor's accounts, and not to conduct a banking operation on the debtor's account in order to ensure enforcement actions performed by the enforcement authorities, or to exercise the right the recoverer, contradicts 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", according to which a credit institution cannot be obliged to carry out activities not provided for by its constituent documents, except for cases when the credit institution has assumed the relevant obligations, or in cases provided for by federal laws ...

The Federal Law "On the Central Bank of the Russian Federation (Bank of Russia)" refers to the competence of the Bank of Russia to establish the rules for making settlements in the Russian Federation, conducting banking operations, accounting and reporting for the banking system. In accordance with the rules of accounting in banks, the basis for debiting funds from the client's account is the settlement document.

The operation of debiting funds from the client's account without his order (Article 854 of the Civil Code of the Russian Federation), ensuring the performance of enforcement actions, is performed within the framework of collection settlements (Article - Civil Code of the Russian Federation), involving the bank's action to receive from the payer payment on the basis of a collection order.

Taking into account the above, Regulation of the Bank of Russia of 12.04.2001 No. 2-P "On non-cash payments in the Russian Federation" provides for a procedure according to which, when collecting funds under executive documents, a collection order with an attached executive document must be submitted to the bank. This procedure applies to legal entities and bailiffs-executors who have the ability to draw up and execute collection orders in the manner determined by the same Regulation. The submission of a collection order by the indicated persons to the bank for carrying out a settlement operation does not contradict the legislation.

The procedure for filling out collection orders by individuals carrying out the collection of funds is not established by the regulations of the Bank of Russia. In order to implement the provisions of Art. 6 of the Federal Law "On Enforcement Proceedings" of July 21, 1997 N 119-FZ, the Bank of Russia is developing a procedure for the acceptance and execution by banks of executive documents presented by claimants - individuals. Prior to the entry into force of the specified normative act, the collection of funds from the payer's accounts on the basis of executive documents, the claimants for which are individuals, must be carried out through a bailiff.

We also draw your attention to the fact that the solution The Supreme Court Of the Russian Federation dated May 21, 1999 N GKPI 99-364 on the recognition of illegal individual clauses of the Rules for Cashless Payments in the National Economy dated September 30, 87 N 2 (invalidated in connection with the issuance of the Bank of Russia directive of June 15, 2001 N 978-U) is of an individual nature , is not a source of law and is designed for single use, since it does not contain any general rules behavior, but only applies the relevant provisions of the Federal Law "On Enforcement Proceedings" to a specific case. Besides, general principles legal proceedings do not impose a prohibition on the use of the norms contained in the relevant normative act, with the subsequent publication of other regulations.

Vice-chairman
The 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. We all sometimes turn to a financial institution to resolve our financial issues, but sometimes services in a commercial bank do not comply with 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 supervisory authority among commercial banks; accordingly, it monitors all operations of credit and financial institutions and monitors compliance with the legislation in force in our country. Despite the fact that many commercial banks they try to comply with all the norms of the law, because, otherwise, they may lose their license, but there are times when, for some reason, the client's rights have been violated. Let's look at some of the most common examples of what customers are complaining about:

the bank did not comply with the client's legal requirements in the provision of any financial services;
imposing additional paid services in order to increase profits;
carrying out financial transactions on the client's accounts without his consent;
unilateral amendment of the deposit or credit agreement;
increase in interest rates during the crediting period;
incorrect work of bank employees;
transfer of personal data to third parties without the consent of the client, violation of the bank secrecy law;
assignment of the right to claim a debt without the written consent of the borrower.

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

Intrent reception of the Central Bank

Complaint online

If you want your appeal to be considered as quickly as possible, then it is wiser for you to go to the official website of the Central Bank of the Russian Federation, write a complaint and send it for consideration, because an online reception is available to every bank client. Let us give detailed instructions 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", follow 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 you would like to contact: lending, deposits or other services;
after that, a list of typical violations will open in front of 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 indicate the region of residence;
fill in your personal information and your contact details;
fill in the text of the complaint;
attach files if needed.

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 applied to a financial institution. You can also attach files, namely photos or scans of documents, video 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 considering 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 the Central Bank officers consider applications from individuals. To be more precise, the processing of complaints is carried out 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 terms for consideration of written appeals are 30 calendar days from the moment 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 information and last name, first name, patronymic.

Please note that you can personally apply directly to the reception of the Central Bank, located at Moscow, Sandunovskiy pereulok, building 3, building 1. You can find the opening hours on the official website of the Central Bank of Russia. Reception is carried out by appointment.

How to send a complaint by registered mail

If you are not an active Internet user, then you can make a complaint in writing and send it to the Central Bank. Here, the procedure 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 of a complaint against a bank with the Central Bank of the Russian Federation later.

So, if you want to send a complaint by letter via mail, then you need to write the text of the complaint in free form. Further, the letter will need to be sent to the address 107016, Moscow, Neglinnaya street, house 12, 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 about both the bank itself and its employees, for example, if you are not satisfied with the quality of service or an employee of a credit and financial institution has somehow insulted your dignity. By the way, in this case it is wiser to first send a written claim to the name of the bank's management, and if it is in no hurry to take action, then you need to complain to the Central Bank, while you need to be guided by some rules:

indicate the name and address of the bank branch where you were served;
indicate the data of the employee, his last name, first name, patronymic and position;
Describe the situation in as much detail as possible.

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

Complaint text

Let's consider how a complaint to the Central Bank about the bank's actions will look like. Sample:

In the upper right corner, indicate who you are sending written request and the postal address of the organization.
You need to compose the text of the appeal, first of all, indicate when you contacted the bank, write its address and time of appeal.
Write the name of the employee who provided you services, his last name, first name, patronymic and position.
Describe the situation in free form as detailed as possible.
Next, indicate under which articles of the law your rights were violated.
In the last paragraph of the appeal, indicate that you want to prosecute bank employees or take action against a financial institution.

Important! Do not forget to indicate in what way you would like to receive a response to your appeal: by registered mail via mail to your home address or by e-mail.

Where to complain about the bank

Undoubtedly, each of us may experience such a situation that bank employees violated your rights or a credit and financial institution unilaterally changed the terms of the agreement. 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 you are not satisfied with the service at the bank, then you can send a complaint to Rospotrebnadzor.

Complaint to the antimonopoly service

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

If the cost of banking services seemed to you very high, then you can safely write a complaint to the antimonopoly service of the FAS. And if funds disappear from your account and bank employees cannot explain why, then they can safely write a statement to the prosecutor's office. It is very important to be guided by some rules when drafting written complaints:

Try to describe in the correct form as much 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 data about yourself, because when considering applications, only the applicant who indicated all his contacts, as well as his last name, first name and patronymic, can receive a response, otherwise, the appeal will be accepted as anonymous.
In conclusion, do not forget to indicate what kind of result you would like to get from your appeal, for example, return the overpaid interest to the bank or punish an employee.

Thus, you can always protect your rights and interests, return illegally debited funds and punish unscrupulous and incompetent employees. Moreover, in order to achieve the maximum result, it makes sense to contact several regulatory authorities at once, which protect the interests of clients.

BANK OF RUSSIA DATED 19.06.2012 N 383-P
"ON THE RULES FOR IMPLEMENTING THE TRANSFER OF FUNDS"

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

Answer: When drawing up this acceptance of the payer in advance, one should be guided by the requirements of clause 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 an agreement between the money transfer operator serving the payer and payer or in the form separate document or a message, taking into account the requirements for the content of 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 June 19, 2012 N 383-P "On the rules for transferring funds" (hereinafter referred to as Regulation N 383-P), this acceptance of the payer may be given in advance indicating, including , the amount of acceptance or the procedure for its determination. At the same time, the requirements for the procedure for determining the amount of a previously given acceptance are not established by Regulation N 383-P. The payer has the right to independently indicate the procedure for determining the amount of the previously given acceptance. The parties in the agreement have the right to indicate the possibility of any or indicated by the payer recipients of funds to the bank of payment requests, both for a specific amount, and in the amount of the submitted claims.

When drawing up this acceptance in advance, one should take into account the norms of Part 14 of Article 6 of the Federal Law on NPS, according to which, if it is impossible to verify the requirements of the recipient of funds under the conditions of the previously given acceptance of the payer, the money transfer operator serving the payer is obliged to return the request of the recipient of funds without execution, unless the contract provides for an obligation of the service payer of the money transfer operator, in this case, request the payer's acceptance.

Question: Is it required to obtain an acceptance in the agreement between the payer's bank and the payer of such a form of settlement as collection settlements?

Answer: According to part 1 of article 6 of the Federal Law on NPS, the money transfer operator writes off funds from the payer's bank account with his consent (the payer's acceptance) at the 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, receiving an acceptance is not required for settlements with collection orders.

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

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

In accordance with clause 1.11 of Regulation N 383-P, a credit institution may establish a form of notification 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, the bank's stamp and the signature of the authorized person of the bank are affixed ...

Question: What form of non-cash payments can be used when debiting funds from a bank account in the event of a debt to a 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 have the right to select and establish in the contract any of the forms of settlements specified in the Civil Code of the Russian Federation, as well as settlements in other forms provided for by law, established in accordance with him banking rules and the customs of business used in banking practice.

When making non-cash payments in the form of a transfer of funds, at the request of the recipient of funds, a payment request is applied, which is accepted for execution and executed by the payer's bank in the presence of a previously given acceptance of the payer or receipt of the payer's acceptance. In this case, the right of the recipient of funds to impose requirements on bank account the payer must be provided for by the agreement between the payer's bank and the payer.

The parties in the main agreement have the right to indicate the possibility of the recipient of funds submitting payment requests to the bank with the prior acceptance of the payer. The conditions of the previously given acceptance follow from the main agreement between the payer and the recipient of the funds.

The payment request is used, as a rule, in settlements for the goods supplied, 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 to write off funds from the payer's bank account and provide them with information about the recipient of funds who has the right to submit collection orders, about the payer's obligation and the main agreement, including in cases stipulated by federal law.

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

When making non-cash settlements, the parties under the agreement have the right to use both payment requests with a pre-given acceptance in the presence of a previously given acceptance of the payer in relation to these requirements of the recipient, and collection orders if there is a condition in the bank account agreement on debiting funds from the payer's account in the cases provided for parties to the main contract.

Question: Does the bank have the right to decide on the use of the payment order form established by Regulation N 383-P when the bank's clients make transfers in foreign currency? What is the order of filling in the details in this case?

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

A credit institution has the right to make a decision on the use of both the forms established by the Bank of Russia and other forms of orders approved by the internal documents of the credit institution for the purpose of transferring funds in foreign currency.

If a payment order established by Regulation N 383-P is used, 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 specified in the payment order must correspond to the currency, in which the funds are transferred.

Question: What is the procedure for filling in the details of the payment order "Purpose of payment" and what actions does the credit institution take upon receipt of a payment order issued 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 clients, including those used in the framework of forms of non-cash payments.

According to Appendix 1 to Regulation N 383-P "List and description of the details of a payment order, collection order, payment request" in the value of variable 24 "Purpose of payment", the purpose of payment, the name of goods, works, services, numbers and dates of contracts, trade documents, and also other necessary information may be indicated, including, in accordance with the legislation, including value added tax.

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

In accordance with clause 1.7.2, Part III of the Bank of Russia Regulation No. 302-P dated March 26, 2007 "On the Rules for Accounting in Credit Institutions Located in the Russian Federation" (from January 1, 2013, Bank of Russia Regulation No. 385-P dated 2012), the client is obliged to indicate in the settlement documents the purpose of the payment, a clear statement of the essence of the operation.

When accepting a payment order, the bank is obliged to check the filling of the "Purpose of payment" requisite in terms of the availability of the name of the paid service, reference to the number and date of the agreement or trade document.

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

Answer: Based on the norm of clause 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 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 count include 10 calendar days during which the payment order, collection order, payment request, and the date of its preparation are valid?

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

Question: How can the bank exercise control over the certification of the right to dispose of the funds on the account? natural person, if the transfer of funds is carried out only on the basis of the client's application?

Answer: According to clause 3.1 of the Instruction of the Bank of Russia dated September 14, 2006 N 28-I "On opening and closing bank accounts, accounts for deposits (deposits)" other documents required to open a current account. However, in the cases provided for in clause 1.12 of Instruction No. 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 preparation by the bank of settlement documents required for the specified banking operation, the requirements of clause 1.15 of Regulation N 383-P are applied, in accordance with which, on the basis of the order of the payer, including in the form of an application, or an agreement with it, the payer's bank can draw up an order (orders) and carry out a one-time and (or) periodic transfer of funds.

In accordance with clause 2.2 of Regulation N 383-P, the procedure for performing the procedures for accepting orders for execution is established by credit institutions and communicated to customers in contracts, documents explaining the procedure for accepting orders for execution, as well as by posting information at customer service points.

The procedure for certifying the right to dispose of funds when accepting an application from a client - an individual is determined by the bank independently.

Question: Should a payment request, partially accepted, be placed in the queue of orders not executed on time?

Answer: If the payer partially accepts the payment request in case of insufficient funds on the payer's account, a payment order is placed in the queue of orders not executed on time, drawn up by the bank on the basis of the received Application for acceptance (refusal of acceptance) of the payer and the payment request partially accepted by the payer.

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

Answer: According to clause 1.5 of Regulation N 383-P, the transfer of funds can be carried out by the bank with subsequent reimbursement in accordance with the agreement by the bank of the payer of funds in the amount of the amounts of orders executed by the bank of the recipient of funds. In this case, the recipient of funds receives funds before the funds are credited to the bank account of the bank executing the order, for example, when receiving cash funds using a bank card at an ATM of a non-issuing credit institution, when transferring funds without opening a bank account when the beneficiary's bank prior to reimbursement provides funds to the beneficiary.

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

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

Considering the above, banks have the right to use any date formats for affixing with a stamp on orders on paper.

Question: What is the procedure for writing off the amounts of debt on lease payments from bank accounts in accordance with the Federal Law "On financial lease(leasing) "?

Answer: In order to ensure the rights of the lessor, the Federal Law "On Financial Lease (Leasing)" provides provisions (clause 1 of Article 13), according to which, if the lessee does not transfer lease payments more than two times in a row after the expiration of the payment term established by the lease agreement, they are written off from the lessee's account is carried out in an indisputable manner by sending the lessor to the bank or other credit organization in which the lessee's account is opened, an order to write off funds from his account within the amount of overdue lease payments.

In accordance with clause 7.4 of Regulation N 383-P, the use of collection orders in settlements for collection is carried out if there is a condition in the bank account agreement between the payer and the payer's bank to write off funds from the payer's bank account and the payer submits information about the payee to the payer's bank. the right to present collection orders to the payer's bank account, about the payer's obligation and the main agreement, 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 the 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 recipient of funds must submit to the payer's bank the relevant documents containing information about the recipient of funds 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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