File a lawsuit against Sberbank sample. How to sue Sberbank of Russia


I have been a client of Sberbank for a very long time, I have several accounts, cards. It was very convenient to transfer money from region to region, and at the same time a sufficient number of ATMs and terminals. But it wasn't here! On April 17, 2013, it was necessary to transfer money to relatives in another region. As usual, I wanted to credit them to my card with subsequent transfer via SB Online to another card. Unexpectedly for me, the ATM “ate” 35,000 rubles and spat out a check “Technical failure.

How to file a lawsuit against Sberbank

Success in winning a case directly depends on a correctly drafted claim and the choice of tactics for a judicial event. Sometimes, due to the incorrectly constructed line of the plaintiff, even highly qualified lawyers fail in court.

Firstly, your demand must be unique and not be a template statement, on which Sberbank lawyers have long been “eaten by a dog”.

Kekhman appealed the decision of the St. Petersburg court to declare his company JFC bankrupt

At the end of September, the Arbitration Court of St. Petersburg and the Leningrad Region initiated the final bankruptcy proceedings by opening bankruptcy proceedings against the parent company of the business: CJSC Group JFC, whose case had been heard since February 2012. The court also approved Igor Maslov as bankruptcy trustee and scheduled his report for consideration on March 15, 2019.

As TASS reported, Vladimir Kekhman himself also became the assignee of part of his company's debt.

Who sued Sberbank

Any borrower can become a defendant in a credit dispute with Sberbank. After all, no one is immune from illness, injury, job loss or business failure, especially during the period financial crisis. What should a borrower do if he has a debt on a loan from Sberbank? And how to achieve the most favorable decision for yourself in court?

The period during which Sberbank sues for the client's refusal to repay loan debts is different in each case.

Sue Sberbank

Do you want to sue Sberbank? Get advice from the experts of our center for compiling a competent statement of claim that guarantees success, ABSOLUTELY FREE! Send an application and a lawyer will contact you in 15 minutes!

Competent lawyers specializing in drafting claims will answer your questions. For a free consultation. please fill out the online form on the right, in which you must describe the essence of the claim and leave your contact details.

Sberbank sues debtors

Sberbank is the most big bank in the country. Probably, there are no such people who would not have anything to do with him. Many turn to this credit organization to borrow money. Naturally, not everyone manages to return everything on time. As a result, debts to Sberbank are formed.

Let's look at how the most famous and largest creditor is struggling with its defaulters? How does he interact with collectors and bailiffs? Does he sell his debts? And how can simple debtors who find themselves in a difficult situation resist such a giant?

It should be noted that Sberbank is one of the 20 largest banks in the world.

The court accepted the claim of Sberbank on the bankruptcy of Kekhman

Moscow. 22 of October. INTERFAX.RU - The Arbitration Court of St. Petersburg and the Leningrad Region accepted for proceedings the claim of Sberbank of Russia to declare bankrupt the former head of CJSC JF C Group (JFC), and now the artistic director of the Mikhailovsky Theater in St. Petersburg, Vladimir Kekhman, follows from the materials of the court.

The case was accepted for consideration on October 21 and left without progress until November 2, since the plaintiff's application was filed with violations, in particular, Kekhman's place of residence was not indicated.

Application form for a lawsuit against Sberbank

2) the name of the plaintiff, his place of residence or, if the plaintiff is an organization, its location, as well as the name of the representative and his address, if the application is submitted by a representative;

The application may contain telephone numbers, fax numbers, e-mail addresses of the plaintiff, his representative, the defendant, other information relevant to the consideration and resolution of the case, as well as the petitions of the plaintiff.

What to do if the bank sued for a loan

Problems of non-repayment of loans today have already become quite common for banks. Almost 7% of the total annual loan is not returned, so it is not surprising that banks are trying to solve the problem with the help of the courts. What should a person do if the bank sued due to the presence of debt on the loan.

It should be noted that the bank in this case acts on completely legal grounds, referring to articles Civil Code and in addition to the amount of debt itself, a person will also have to pay interest, penalties and penalties - and this is all within the law.

Almost every person in one way or another comes into contact with banks in everyday life. receive wages, arrange loans, store money and transfer currency - all this is done daily by millions of Russian citizens with the help of various large and small banks. One of the largest such banks is Sberbank. The number of its branches has long been in the thousands, and serves its customers both in the Russian Federation and abroad. At the same time, today it is this bank that provides the widest range of financial services and often sets the bar for quality for its competitors.

However, when working with Sberbank, not everything always goes smoothly. At the same time, its structure is so complex and confusing that sometimes neither the bank itself nor the civil services can really understand the problem. In this case, there is only one thing left - to sue Sberbank. In this article, we will talk about how to start legal proceedings correctly, describe in detail the sample of a lawsuit institution and give some tips.

How to sue Sberbank?

To do this is not as difficult as it might seem at first glance. When filing a lawsuit against Sberbank, it should be remembered that it is just a legal entity. And he is also obliged to obey the laws. In this regard, you should file the most common lawsuit in court. And it’s worth starting with writing a statement of claim of a standard form. It has only three parts:

  • title;
  • Information part;
  • Conclusion.

Only by preparing an application, you can sue Sberbank. But it should be written in a strict form. Firstly, the writing style itself should be businesslike. So liberties are best avoided. In addition, it is strictly forbidden to use insults. Well, the last rule - write briefly. It is not necessary to describe every little thing - you can indicate your position in more detail during litigation.

Title of claim against Sberbank

The first part of the claim is the title. It should be written in the upper right part of the application itself, since the court will have to put its own marks in the upper left. It will require you to provide the following information:

  • Name of the court. Everything is quite simple here. You will need to write the full name of the court, its address. The name of the person responsible for reviewing the claim does not need to be written. Remember that if you file a lawsuit, the price of which is less than 50,000 rubles, then it goes to the world court. If the value of the claim is higher than 50,000 or you file an appeal in connection with a violation of rights, then the claim is filed with the arbitration court;
  • Information about the complainant (that is, the complaining party). Here you will need to indicate your full name, passport details, registration address, contact details for communication: telephone, fax, email address, etc.;
  • Information about the defendant (that is, about Sberbank itself). Difficulties may arise here, since Sberbank is a legal entity, and at the same time it has many branches. Therefore, first decide whether you will sue a specific branch or the central management of Sberbank. As soon as you decide, enter all the data legal entity: TIN, KPP, legal address, name, full name of the head.

Information part of the claim

After the heading is filled in, “Statement of Claim” is written in the middle of the sheet. Under this peculiar subtitle, the informational part is written. It will contain all the information about your complaint. This part states the following:

  • Information about how the conflict arose. You will need to briefly describe the events that led to the complaint (for example, a conflict in the department, the conclusion of an agreement, etc.);
  • Description of the violation or a conflict situation that caused your discontent;
  • When it comes to money disputes, calculation of the claim. This describes not only the calculation of the amounts, but also provides a justification for each figure and operation;
  • your requirements to the court to resolve the situation;
  • Justification of your requirements based on the laws of the Russian Federation or the terms of the agreement with the bank.

Final part of the claim

This part indicates any additions that can be added to the case. However, it must contain three elements:

  • Description of all papers that are relevant to the case: agreements with Sberbank, checks, receipts, statements, responses from officials, and civil services, etc.;
  • Applicant's signature;
  • date of application claim in court.

After the final part is ready, the application can be submitted. To do this, go to court and hand it over to an authorized employee. If you are not able to submit the application in person, then send it by registered mail or by a third party who has a power of attorney from you.

  • The most important thing to remember when filing a lawsuit against Sberbank is that, although it is one of the richest and most important banks in Russia, it is still forced to obey not only the legislation of the Russian Federation, but also the directives established. In this regard, do not be afraid to file a lawsuit and seek justice if you are completely sure that you are right;
  • You should not fight Sberbank on your own without a legal education - this bank has a very highly qualified legal department that is excellent at resolving disputes with clients. In this regard, it is worth filing a claim either with legal training and experience in disputes with credit institutions, or
  • If you will protect your interests with the help of a lawyer, it is best to start using his services at the stage of preparing a statement of claim in court. At the same time, it is not recommended to change a specialist until the end of the case;
  • In disputes with Sberbank do not immediately start with litigation, after all, this is a fairly large bank, and various violations can occur in its branches, which the central management does not know about. So give it a try first. If that doesn't work, at least you'll have emails with responses from management that will serve as key evidence that you're right.

Anyone can make a mistake, including a bank employee. The most common error is the incorrect writing of personal data when transferring money or issuing cards. Credit organizations are ready to correct mistakes at their own expense, but not to compensate clients for moral damage. What should a client who has suffered due to the mistakes of bank employees do? Error in spelling full name Situation when a client receives a long-awaited plastic card and sees that the letters are mixed up in the name indicated on it, is not uncommon. A citizen could correctly fill out an application for issuing a card, but at the end receive it with a different surname. Bank employees admit that the list of the most common mistakes is dominated by those related to the human factor.

How to sue Sberbank

The need to enlist support is due to the fact that a lawsuit, as mentioned above, will be the last measure to recover a loan. In this regard, a specialist with good legal training and experience in dealing with such cases is guaranteed to act against you.

If you think that you do not need the support of a lawyer, then you can get a free consultation from a lawyer - competent specialists will answer all your questions absolutely free of charge. However, such consultation does not take into account the individual characteristics of the situation.

In addition, you will not need the help of a lawyer if you are not going to defend your interests and recognize that the requirements of Sberbank are fair. (No ratings yet) Loading… Popular in category

  • Court order to recover debt on a loan Each bank has its own specific ways of dealing with non-payers.

To court against Sberbank for their mistakes from which the client suffers

Drafting a claim

  • The statement of claim may be typed or handwritten.
  • The claim itself with the attached package of documents is submitted according to the number of persons participating in the case - in this case, in 2 copies.
  • In the statement of claim, it is necessary to indicate the data of the plaintiff and the defendant (including addresses and contact numbers);
  • In addition, it is necessary to state in detail all the circumstances that the plaintiff considers significant and provide all the necessary calculations.
  • Copies of documents that are directly related to this dispute (contracts, printouts, additional agreements, questionnaires, etc.) and the original state fee must be attached to the application.

After the statement of claim is drawn up, the next step is to send it to the court.

What to do if the savings bank sued?

It is very difficult to consider such a situation in general terms, since dozens of different agreements of various directions can be concluded with Sberbank. The main requirements in such claims are either to comply with the terms of the contract, or to pay fines for an already committed violation.
In the first case, everything is simple - Sberbank quite rightly wants its partner or client to fulfill part of the transaction, which is quite understandable and logical. In this regard, the defendant can only have several ways to act:

  • Prove that the terms of the contract are impracticable or unlawful;
  • Specify the reason why the terms of the contract cannot be fulfilled.
    In this case, the reason should not depend on the defendant;
  • Prove that the terms of the contract have been fully fulfilled, but for some reason the bank did not record this fact.

In the second case, things are a little more complicated.

The consumer managed to win a lawsuit against Sberbank

Each client of the bank knows that in order to receive a loan, he will need to conclude an agreement. And the letter of this agreement must be strictly followed, otherwise the borrower will face various not very pleasant consequences.
In this article, we will consider the case when Sberbank sues its client. We will analyze the reasons why the bank generally turns to this high authority, as well as tell you what to expect from the proceedings and how to properly protect yourself.
Content:

  • Sberbank sued for breach of contract
  • Sberbank sued for non-payment of the loan
  • Changing the size of the fine
  • End of trial
  • Do I need the help of a lawyer if Sberbank sued for non-payment of a loan?

Sberbank sued for breach of contract To begin with, let's analyze a very rare situation in which Sberbank sues for breach of contract.

I will sue Sberbank out of principle, they completely beguiled the banks

Attention

As a rule, this concerns the incorrect spelling of the client's personal data - for example, indicating the wrong name when issuing bank cards, ”explains Vladimir Donshchuk, who is the director of sales and distribution of the retail segment of Alfa-Bank in the Moscow region. Having received a plastic with an error, there is no need to rush to reissue it.

Info

After all, not every inaccuracy in writing the personal data of the cardholder is critical. According to Valery Torkhov, deputy chairman of the board of Avangard Bank, the card may contain mixed up letters in the name or surname, but much will depend on the store cashier - whether he considers this a reason for refusing to pay for the purchase or not.

Therefore, reissue should be taken care of when a problem arises in practice. They may appear if the acquiring financial organization has set strict requirements for the work of companies accepting payments by bank transfer.

I want to sue the bank. tell me, is it worth contacting him?

On one banking Internet resource, an AJR visitor wrote a review about how he transferred funds to Loko-Bank through the WesternUnion system. “I got a transfer. I returned home and read more carefully what was on the paper.

My patronymic, written in Latin letters, and from that I did not immediately make out, turned into a swear word. I received the document and it turned out that according to it I am now HYEVICH,” he complains. If errors were made in the name or surname, then, as in the situation with cards, a maximum of two minor errors are allowed. If the details are written incorrectly during the transfer, then the funds will not be credited, they will be returned back to the account, after which it will be possible to send them again. Operators make mistakes not only during transfers, but also in the process of replenishing client accounts.

How to sue Sberbank for this mistake?

The consequences, she says, are different: money is sent to the wrong place, delays arise, claims and complaints are written to the bank. One banker recalls a case in which a customer was assured over the phone that a replenishment bank card in a currency that differs from the currency of the card account, is made without commission.
«

Our tariffs imply the collection of a commission, the employee made a mistake due to ignorance of the tariffs. As a result, they took a commission from the client, spoiling the relationship with him.

This is a gross mistake,” adds the banker. Also, in one of the financial organizations, on condition of anonymity, they told about the case when an employee announced to the borrower the amount of debt on plastic with an overdraft, forgetting about the commission under the card account agreement. As a result, the debt was not repaid in full.

Correction of errors 1. When errors are discovered, bankers take urgent action to correct or eliminate them.

What should a client who has suffered due to the mistakes of bank employees do?

As a result, after four months of litigation, the woman received an additional 1,400 rubles from the bank. And in May, the same court awarded her another 4,500 rubles. for paying for the services of her husband, who acted as her representative.

The couple were able to provide the court with a contract for the provision of legal services and even a receipt for its payment. The Golovenkins had a chance to get even more from the bank, says Pavel Ivchenkov, a lawyer at the Delovoy Farvater Law Office.

Since it was a violation of consumer rights, it was possible to demand not only the payment of interest for the use of other people's funds, but also a fine for the fact that the bank did not voluntarily fulfill the client's requirement (clause 6, article 13 of the OZPP). According to the law, it is 50% of the amount awarded to the victim, that is, another 700 rubles.

(half of 1400 rubles).
If you are sued, then you have two options: either defend yourself and demand that the court recognize the bank's claims as unlawful, or plead guilty and pay the entire amount required from you. At the same time, you can act in the first way only if there was no default on the loan or it arose due to an error or due to circumstances beyond your control.
Otherwise, it is better to immediately agree with the requirements - this way you save time, money and effort that could be spent on useless litigation.

Who sued Sberbank system error 2

In the text, it is necessary to formulate the essence of the appeal, provide a calculation of the required amounts, indicate what exactly the applicant sees as a violation of his rights and state his requirements. In addition, the applicant must indicate in the claim a warning about the subsequent appeal to the court if the requirements are not satisfied on a voluntary basis. At the end, you need to put the date the claim was made (it is desirable that it coincides with the date of sending).

  • Submitting a claim

After making a claim, it must be sent to the bank. For these purposes, there are 3 main ways: by e-mail, registered mail or in person.

If, after receiving it, the representatives of the bank did not respond and did not contact the applicant, the next step would be to go to court. Choice of court Depending on the amount, the claim is submitted to the district or magistrate's court.

How to formulate a claim? I want to sue Sberbank!!! and got the best answer

Answer from Aforsek aforsek[guru]
according to the law, your payment, both in one direction and in the other direction, must go through on the same day and one at a time personal account. That's why the cashier didn't mention it, because all the amounts must go in one receipt from the account on the same payment date. Go to the manager and have everything transferred to you immediately. They also have a lawyer in the bank - go to him and consult about the lawsuit - so you will get your money back faster and you won’t have to go to court

Answer from 2 answers[guru]

Hello! Here is a selection of topics with answers to your question: How to formulate a claim correctly? I want to sue Sberbank!!!

Answer from Vladimir Gaidukov[guru]
Contact an attorney who can help you file a claim.


Answer from Katerina[active]
I agree with aforsek aforsek, either a lawyer or a manager. And it’s better not to sue banks if you plan to continue planning for more some questions address! it’s better to solve your problem not in the d / o, they will not help much, but go straight to the Department to the economists


Answer from Dmitry Karimov[guru]
I don't see any litigation. Challenging operations under the Rules of the Ministry of Railways - up to 120 days.