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To (Name, Location address)

From:(Name, Location address)

CLAIM

according to supply contract No. *** from ***

*** between *** (hereinafter referred to as the “Supplier”) and *** (hereinafter referred to as the “Buyer”) a supply agreement No. *** (hereinafter referred to as the “Agreement”) was concluded, according to which the Supplier undertakes to supply the Goods , and the Buyer accepts and pays for the Goods in the manner, on the terms and conditions stipulated in the Agreement.

It follows from clause *** of the Agreement that the Buyer is obliged to pay for the Goods in the amount, manner and terms provided for in the Agreement.

Clause *** of the Agreement establishes that the Buyer makes an advance payment in the amount of 100% (one hundred percent) of the cost of the consignment of Goods to be delivered within 3 (three) days counting from the date of receipt of the invoice issued by the Supplier for payment.

According to the documents available to the Seller, the shipment of the last batch of Goods took place ***. Payment for the Goods was not made by the Buyer in full and in violation of the terms established by the Agreement. The period of delay in payment for the Goods from *** to *** was *** (*** *) days.

Thus, as of ***, the Buyer has a principal debt to the Supplier under the Agreement, which arose as a result of incomplete payment of the cost of the Goods, in the amount of *** (***) rubles.

According to the *** Agreement, the Parties bear property liability for non-fulfillment or improper fulfillment of the terms of the Agreement in accordance with the legislation of the Russian Federation and the rules established by the Agreement.

In accordance with Part 1 of Art. 395 of the Civil Code of the Russian Federation, in cases of unlawful withholding of funds, evasion of their return, or other delay in their payment, interest on the amount of the debt is subject to payment. The amount of interest is determined by the key rate of the Bank of Russia in force during the relevant periods. These rules apply unless a different interest rate is established by law or agreement.

By virtue of the above rules, for the illegal use of someone else’s funds, interest is subject to accrual and payment by the Buyer in the following order:

Debt, rub.	Overdue period			Interest rate, Central fed. district	Days V year	Interest, rub.
Total:

It turns out that the amount of interest for using someone else’s money is *** (***) rubles.

The total amount of the Buyer's debt as of date ***, taking into account interest for the use of other people's funds, is *** (***) rubles.

Based on the above, we propose to voluntarily pay the debt amount in the amount of *** (***) rubles no later than * (***) business days from the date of receipt of this claim. using the following details:

Recipient
Current account No.
Cor/bank account no.

Payment of the principal debt in the amount of *** rub. within * (***) days from the receipt of this claim, it will exclude additional financial expenses on your part associated with the payment of interest for the use of other people's funds in the amount of *** rubles, reimbursement of the state fee for consideration of the statement of claim and other legal costs .

If this claim is not satisfied voluntarily, the Supplier reserves the right to apply to the arbitration court with a demand to *** to collect the amount of debt and interest for the use of other people's funds in the amount of *** (***) rubles. state fees and other legal costs, including costs associated with paying for legal services of representatives.

General Director (Representative by Power of Attorney)

Signature

You can get a free consultation with the lawyer who prepared the document by calling:

________________________________________

economic entity to which

complaint addressed, title

position and full name manager)

from _____________________________________

(full name, postal address, TIN

business entity - applicant

claims, job title

and full name manager)

Ref. N___________

(on the return of the amount of unjust enrichment

and payment of interest for use

other people's money)

in the amount of _____________ rubles

Our organizations have concluded a supply agreement ___ _________________________________ (product name) N ___ dated "__"_________ ___

The delivery time for the entire batch is _______________ (product name) - "__"_________ ____ (clause ___ of the contract).

The payment term for the delivered batch is ______________________ (name of product) - "__"________ ____ (clause _ of the contract).

The total amount of the supply agreement is _______ rubles.

Within the period established by the contract, our organization (buyer) transferred _________ rubles to the supplier’s bank account by payment order dated N __ from “___”________ ____.

As a result of a counting error, ______ rubles were transferred more than provided for in the contract (clause __ of the contract).

The overpaid amount of _____________ rubles was not returned by your organization to the buyer's bank account, which is confirmed by statements from bank account N _______ in bank ______________________ for the period from "___"________ ____ to "___"_________ ____.

Thus, the supplier, without grounds established by law, other legal acts or transaction, acquired and saved funds belonging to the plaintiff and, in accordance with Art. 1102, 1107 and 395 of the Civil Code of the Russian Federation, is obliged to return the amount of unjust enrichment and pay interest accrued on it for the use of someone else’s funds from the time when the supplier learned or should have learned about the unjustification of receiving funds. The time when the supplier learned or should have learned about the unjustification of his receipt of funds should be considered the day the operation of crediting the amount overpaid by us to the supplier’s bank account is reflected in the statement from his bank account, i.e. "___"__________ ____, which is confirmed by a certificate from the bank ______________________________ (name) dated "___"___________ ____.

Calculation of the claim amount:

The amount of unjust enrichment is _______________ rubles.

The refinancing rate in the period from __________________ to _________________ is ___%.

Interest for the period from ______________ to _______________ - _________________________________________________________.

The total amount of the claim is ________________ rubles.

Supply contract No. ____ dated "__"__________ ____ provides for a claim procedure for resolving disputes (clause __ of the contract). The deadline for responding to a claim is set to ___ calendar days from the date it was sent.

Based on the above, guided by clause ____ of the supply contract N __ dated "__"_______ ____, 1102, 1107 and 395 of the Civil Code of the Russian Federation, I ask you to voluntarily transfer the amount of the claim _____________ rubles to our bank account within the time period established by the contract for responding to the claim N ___________________________ at the bank ____________________________________________ (indicate the full bank details of the claimant).

In the event of a complete or partial refusal to satisfy the claim within the specified period, our organization will be forced to file a claim with the arbitration court in the prescribed manner.

Applications:

1. A copy of the supply agreement No. __ dated "__"_______ ___ - on page __;

2. A copy of the payment order dated "__"_______ ____ city N __ - on page _;

3. Extracts from the bank account of the claimant in bank _________________________________ (name) for the period from "__"_________ ___ to "__"_________ ___ - on ___ page;

4. A copy of the bank certificate __________________ (name) dated "___"_______ ____, confirming the date of crediting the overpaid amount to the supplier's bank account - on ___ page;

5. Other evidence on the merits of the claim.

"___"___________ ____ G.

Claim for arrears under a lease agreement

Claim under a furniture purchase and sale agreement (furniture return)

CLAIM TEMPLATE

CLAIM TEMPLATE

CLAIM for payment of the insured amount under a personal insurance contract

CLAIM for goods supplied in an assortment that does not fully correspond to that specified in the contract

CLAIM to a construction contract (in connection with the involvement of a third organization by the general contractor to eliminate deficiencies made by the subcontractor)

Sample complaint to the bank: 12 reasons to draw up such a document + 8 components of a good sample complaint + 5 rules that must be followed + 3 addressees of the complaint if the complaint sent to the bank did not work.

Banks greatly simplify our lives.

You can borrow money from them if you don’t have enough of your own to buy something you need. Here you can store your funds without fear of burglars, and even increase the initial amount through interest.

You can perform many other operations at the expense of these organizations: make payments, pay for utilities, change currency, etc.

Despite the abundance of financial institutions operating in Russia, the service in many leaves much to be desired. That is why it is important to have a sample claim to the bank in order to protect your client rights if necessary.

Claim to the bank: sample and features of the document

Despite the necessity and usefulness of such financial organizations as banks, one cannot help but admit that among them there are quite a few unprofessional and dishonest businessmen who are even capable of deception and violation of the law in order to earn as much as possible.

When signing an agreement that confirms your cooperation with the bank, it is very important to carefully study its text.

If you're not sure you can navigate complex banking language on your own, bring along a friend with a legal or financial background to help you understand what exactly you're signing.

Sometimes the problems that arise are the fault of the clients themselves, who sign an agreement without looking and then write complaints to the bank demanding that justice be restored.

If the conditions under which the bank calculates a loan for you or charges interest on a deposit do not contradict the agreement and the legislation of the Russian Federation, then it is unlikely that you will be able to achieve anything, even with the help of a well-drafted claim.

It only makes sense to look for a sample and submit a claim to the bank if:

1. Presence of contradictions in the text of the agreement.
2. Violations of the laws of the Russian Federation by the bank.
3. Attempts by a financial institution to change the terms of the contract without informing you.
4. Refusal of service without good reason.
5. Lost payment.
6. The bank's reluctance to give back your money stored on deposit.
7. Accrual of fines, although payment deadlines were not violated.
8. Requirements to repay the loan early, although you did not violate the terms of the loan repayment.
9. Illegal recalculation of interest rates.
10. Wrong amount debited from current account.
11. Problems with ATMs: “ate” the card, did not dispense cash.
12. Attempts to force you to sign changes to the contract, thus inducing you to cooperate, which is not beneficial for you.

Important ! If, for example, you signed an agreement stating that the bank has the right to increase the interest rate at its discretion, and after some time it does so, increasing loan payments by 1.5%, it is pointless to look for a sample and write a claim.

There is no violation of the law here. You yourself agreed to these terms of cooperation.

The difference between a claim to a bank and a complaint: samples of 2 documents

If your client rights have been violated, you don’t just have to wait for the bank’s management to come to their senses and correct their mistake.

Conversations and demands to adhere to the agreement yielded nothing? Don’t wait, make a claim to the bank using a ready-made sample.

Not everyone understands the difference between a complaint and a claim, and, confusing these two documents, they immediately address the complaint to the bank itself or the inspection authorities.

But there are differences, and they are significant:

• A claim is a request to peacefully resolve the conflict by fulfilling the following conditions.
• A complaint is a document in the final part of which you ask that the perpetrators be brought to justice.

Simply put, you need to start the fight for your client rights with a complaint, and then, if it does not find an answer, move on to complaints, and they should no longer be sent to the bank, but to the court or government inspection authorities.

Sample complaint to the bank:

With the help of a claim sent to the bank that, in fact, offended you, you are trying to resolve the case without the intervention of third parties: the court, the Central Bank, the prosecutor's office, etc.

At the end of the document there must be a warning that if the issue is not resolved, you, for example, will be forced to sue the financial institution.

But a complaint sent to the Central Bank and/or the prosecutor’s office indicates that you were unable to resolve the conflict between two parties and you are forced to ask for help from a third.

Important ! Both one and the second document must be written according to a well-written template in order to avoid errors and inaccuracies that could affect the course of the case.

Sample claim to the bank and features of its preparation

It’s not enough to find a good example and create your own document in its likeness. It is also important to address your message to someone who will definitely help you emerge victorious from the battle with the bank.

1) How to make a claim to the bank and which sample to use?

There is no single template for a document such as a claim addressed to a bank.

Of course, there is a structure that needs to be followed. There is data that your document must contain, but there are no strict requirements for the text itself.

You can express your thoughts freely, while adhering to a business style, avoiding emotional expressions and making sure that there are no errors of fact, semantics, or spelling.

Your paper must have the following components:

1.	Destination. In this case, this is the head of the bank. It is advisable to find out his last name and initials, but you can simply write: “To the head of such and such a bank.”
2.	Indication of your personal data: Full name
3.	Document title: “Claim” – according to
4.	Main part. Here you need to set out the factual circumstances that, in your opinion, constitute a violation of your rights. It should be stated briefly, focusing only on those details that really matter when considering the claim. Do not forget also about maintaining chronology and the principles of logical presentation of the text: indicate specific dates, when the events took place, the names of the employees with whom you tried to resolve the problem, etc.
5.	Link to the legislation of the Russian Federation. It is necessary to indicate that in accordance with the Law “On Protection of Consumer Rights” you ask to consider the appeal within 10 days from the date
6.	Preferred method of receiving a response. But here it is advisable to indicate all contacts: the exact address of your place of residence, email and, just in case, a contact phone number (it is necessary in case bank employees require any clarification or additional information from
7.	List of documents that you attach to your claim: 1, 2, 3, etc.
8.	Date of document preparation and

Here are a few simple rules to follow:

1. Indicate exactly where your rights were violated - bank employees should immediately understand what they did wrong.
2. You need to make copies of paper evidence in the form of a contract, bank letters, etc. and attach them to your claim.
3. If there is any audio or video evidence, you need to report this to the claim, but it is not necessary to attach disks or tapes to the document.
4. Do not forget about your requirements, which should be expressed as briefly and correctly as possible.
5. Make it clear to the bank management that you are not joking and if the complaint is left unanswered, you will go to court.

Important ! After drawing up the paper, re-read your claim again to make sure that you did not forget to indicate anything in the text. Legal advice from a competent specialist will also not be superfluous.

2) Samples of claims to the bank that can be used.

There are many different samples available online that are suitable for use.

Choose those that have all the required structural parts and contain the data that should be in each claim.

You can use one of these samples to create your own paper:

Just don’t forget to replace someone else’s data with your own.

Important ! The more complete and competent your claim is, the more likely it is that the bank will agree to fulfill your conditions without bringing the matter to court. This is why it is so important to choose the best sample.

3) Where to address the claim to the bank?

You send the completed claim directly to the management of the bank with which you are having problems.

You can send it either as an email or by standard mail to a postal address.

It is advisable to make sure that your message reaches the addressee and that the case will begin to be considered.

If the complaint does not have any effect - the bank management simply ignores you, you can begin to draw up a complaint and send it to the following addressees:

Central Bank.

It is the main bank of the country that issues licenses to commercial financial institutions. His task is to control their work on the territory of the Russian Federation. Surely the Central Bank will be interested in the violator of Russian laws and will help resolve the conflict.

Antimonopoly Committee (FAS).

This service is designed to protect the interests of depositors, so it makes sense to contact them if you have problems with your deposit. If the FAS discovers violations, then a financial institution that does not play by the rules will face serious problems.

In addition, this service obliges the bank to pay you the due funds, reduce / increase the interest certificate changed illegally, etc.

Rospotrebnadzor.

Contacting here is effective if you suffer direct losses due to the bank’s violation of some federal law. If the financial organization is proven guilty, you will receive your funds in full.

You can use other recipients to enhance the effect: the prosecutor's office, the Consumer Protection Society, city authorities and even the President.

Just don't get too carried away with the letters, otherwise you may be mistaken for a crazy person not worth attention.

Important ! Sometimes public opinion is more important than even the decisions of regulatory government agencies. Using the resource https://www.banki.ru/services/responses/ You can create a bad rating for your abuser and significantly reduce the number of his clients.

Claim to the bank. How to apply correctly?

The process of filing a claim with the bank. Lawyer's advice.

Is it easy to prove your case even with the help of a good sample claim to the bank?

It is quite difficult to emerge victorious from a dispute with a bank, because the main thing for him is profit, which management is afraid of losing.

But still, nothing is impossible, especially if the truth is on your side.

People who file claims regarding infringement of consumer rights or violations of the Civil Code and Federal Law by a financial organization have a greater chance of success.

You can win a case if three conditions are met:

1. a well-written claim using a good sample;
2. high-quality evidence base;
3. perseverance and nerves of steel, because there is little chance of winning from the very first written complaint.

The bank management will make a big mistake if it takes the complaint received from you lightly. This is a legal document whose main task is to find a compromise before the case goes to court. Simply put, this is a pre-trial trial.

The bank has 30 days to respond to your message. The timing may be different if this information is specified in your contract. There are cases when the agreement signed by the client allows the bank 3 months.

If, after the period allocated to the financial organization to study the problem, you have not received an answer, or you have received one that is fundamentally dissatisfying to you, for example, you have been denied satisfaction of all requirements, decide for yourself whether to move on or not.

If the problem is not so serious, say, you are offended that you were poorly served, and the management is not going to force the rude cashier to apologize, it is better to just forget about what happened.

If we are talking about money, and considerable money, then you will no longer need a sample complaint to the bank, but an example of a complaint to a higher government body.

If someone misuses your company's money, for example, does not pay for goods on time, you can demand interest. Moreover, even when there is no party to the agreement or it was not drawn up at all. This is called interest for the use of strangers under Article 395 of the Civil Code of the Russian Federation.

Recently, judges of the Supreme Arbitration Court of the Russian Federation clarified on what day such interest should be calculated (Resolution of the Presidium of the Supreme Arbitration Court of the Russian Federation dated January 28, 2014 No. 13222/13). And we will tell you in detail how to count them, present them to the debtor, and file a claim against him so that he not only repays the debt, but also pays additional money.

When can you demand interest from a debtor?

Interest under Article 395 of the Civil Code of the Russian Federation can be claimed only on overdue monetary obligations. That is, when a client owes you money. If he has a debt, but the deadline for its repayment has not yet passed, then the counterparty is using your company’s money lawfully. This means that interest under Article 395 of the Civil Code of the Russian Federation is not yet due. Therefore, do not confuse penalty interest for delaying money with interest for using money, for example when

If the company requires the supplier to ship the delayed goods, it will not be possible to collect interest on such debt. The seller in this case acts as a debtor for the delivery of goods, and not for a monetary obligation. And in such a situation, the buyer is not entitled to interest. This is confirmed by the judges (resolution of the Presidium of the Supreme Arbitration Court of the Russian Federation dated December 10, 2013 No. 10270/13).

Interest cannot be demanded simultaneously with the penalty, which is provided for in the contract for delay in payment for goods. You can choose only one interest or a penalty (clause 6 of the resolution of the Plenum of the Supreme Court of the Russian Federation and the Plenum of the Supreme Arbitration Court of the Russian Federation dated October 8, 1998 No. 13/14). At the same time, if you calculate that the contractual penalty is lower than the interest under Article 395 of the Civil Code of the Russian Federation, then you have the right to demand exactly this from the debtor (Resolution of the Eighteenth Court of Appeal dated December 4, 2012 No. 18AP-11664/2012). That is, what

It is also sometimes possible to demand interest under Article 395 of the Civil Code of the Russian Federation from a debtor who does not pay similar interest awarded to the company under Article 395 of the Civil Code of the Russian Federation (resolution of the Seventeenth Arbitration Court of Appeal dated April 29, 2014 No. 17AP-2480/2014-GKu).

Of course, most often companies agree to repay debt on mutually beneficial terms. And interest can be used for these purposes. For example, present them to the debtor and promise that if the principal debt is returned as soon as possible, then the company will not collect interest.

How to calculate interest

For interest, the easiest way is to use the website arbitr.ru (section “About the Supreme Arbitration Court of the Russian Federation” > “State Duty” > “Calculator for calculating the amount of interest for the use of other people’s funds in accordance with Article 395 of the Civil Code of the Russian Federation”).

If you calculate the percentages yourself, use the following formula:

Disputes often arise regarding the final amount of the fine. Thus, debtors sometimes refuse to pay interest on the day the obligation is fulfilled. Or they argue that interest should be calculated on the amount of debt excluding VAT. All these are tricks - interest can be sued on the day it is paid and on the entire debt, including the amount of VAT (see inset below).

...To the rate. Interest must be determined at the rate unless the agreement establishes a different procedure. The rate is taken on the date when the counterparty paid the debt. Perhaps the company is collecting the debt through the courts. Then the judges can determine the amount of interest based on the refinancing rate at the time when the company filed the claim, or on the date of the court decision (clause 3 of the resolution of the Plenum of the Supreme Court of the Russian Federation No. 13, Plenum of the Supreme Arbitration Court of the Russian Federation No. 14 of October 8, 1998).

How to file a claim against a debtor

Most contracts have standard language regarding mandatory pre-trial settlement of disputes between the parties. Therefore, in order to collect interest from a counterparty, you must start not with the court, but with a claim. Otherwise, the judges will not consider the claim (clause 2, part 1, article 148 of the Arbitration Procedure Code of the Russian Federation). You can see a sample claim to a counterparty, which provides for the recovery of interest under Article 395 of the Civil Code of the Russian Federation, below.

A claim will not hurt, even if the parties did not draw up an agreement. Or there is a contract, but it does not establish a claim procedure for resolving a dispute. After all, if the counterparty complies with the requirements, the company will not need to go to court.

Before filing a claim, check the contract. It may specify the period within which the company must submit a claim. Perhaps the contract also indicates when the debtor needs to fulfill the requirements specified in the claim or give a reasoned refusal.

In your complaint please indicate:

- what obligations the debtor failed to fulfill;

— your company’s requirements;

- amount of debt;

- the period within which the company requires the fulfillment of the obligation.

The sample complaint to the counterparty posted above contains all this data.

It is not necessary to provide interest calculations in the claim (Resolution of the Federal Antimonopoly Service of the Ural District dated June 5, 2014 No. F09-2792/14). All the same, the company, as a rule, cannot determine the exact amount of interest on the date of filing the claim. At the same time, it is important to indicate that the counterparty must transfer the fine for the entire period of delay. It is also advisable to provide the formula for calculating interest and its calculation as of the date when the company filed the claim. The debtor can use this data when calculating the total amount of interest.

Attach documents to your claim that confirm the company’s requirements. If the buyer does not pay for the goods delivered, then the client’s debt can be justified by shipping documents. For example, copies of the contract, invoices, invoices. And if the company demands a refund for low-quality or missing goods, then it is necessary to draw up a report on the discrepancy in the quantity or quality of goods No. TORG-2 or in another form that is approved by the accounting company.

If the counterparty does not transfer the debt even after receiving the claim, this amount can be recovered in court. In the statement of claim, write that the company demands to pay it interest for the period from the date of payment for goods, work or services (give a specific date) to the date of actual fulfillment of the obligation. The amount of interest on the date of payment of the debt will be calculated by the bailiff or to which the company will deliver the writ of execution. Thus, if the debtor executes the judgment with a delay, the company will receive a fine for the entire period of delay.

How to reflect interest in tax and accounting

In accounting, interest is reflected in account 91 “Other income and expenses” as other income. In this case, make the following entries:

DEBIT 76 subaccount “Settlements on claims” CREDIT 91 subaccount “Other income”
— interest recognized by the debtor or specified in the court decision is taken into account;

DEBIT 51 CREDIT 76 subaccount “Calculations for claims”
— interest received from the debtor.

When calculating, interest is reflected as part of non-operating income. Interest must be taken into account on the earlier of two dates:

— day of transfer of interest to the company account;

- the day when the counterparty acknowledged the interest debt in writing, for example, in its response to the claim (clause 3 of Article 250 of the Tax Code of the Russian Federation).

When collecting interest through the court, it is reflected in income on the date when the court decision came into force.

from 31/12/2018

A complaint to the bank will help you receive a written answer about the position of the credit institution in a controversial situation. Management or an authorized employee will be required not only to indicate their position, but also to support it with references to the legislation of the Russian Federation.

In the sphere of regulation of banking activities, in addition to the general norms of the Civil Code of the Russian Federation, there are many by-laws and departmental acts, incl. clarifications and letters from the Central Bank of the Russian Federation. But this should not frighten a depositor or other user of banking services. Even if the result of filing a claim with the bank was not what the applicant expected, you still have the right to go to court.

Back in 1999, the Constitutional Court of the Russian Federation, in its resolution No. 4-P of February 23, 1999, indicated that a citizen in legal relations with banks is an economically weaker party and needs special protection of his rights. Therefore, if there are violations on the part of banks, failure to provide information, violation of the terms of the loan agreement, agreement on opening a deposit, etc. prepare a written claim to the bank, a copy of which and the response to it will become an appendix to the claim and one of the.

Example of a claim to a bank

To the branch director

OJSC "PRiNBank" in Lipetsk

A.V. Zabrodin

from Rogacheva Irina Leonidovna

address: 398036, Lipetsk,

Svobodny Ave., 49-15

Claim to the bank

on termination of the contract and return of unused funds

Between me, Irina Leonidovna Rogacheva, and OJSC PRiNBank, represented by its branch in Lipetsk, on November 25, 2016, a loan agreement No. 168/5478/4684-K was concluded in the amount of 200,000 rubles, for a period of 24 months, the full cost of the loan is 25% per annum.

According to the terms of the loan agreement, which was concluded by approving an application form prepared by the bank, a “Universal” package of banking services is drawn up for the loan period, i.e. I join the Group Voluntary Insurance Program. The fee for the provision of services under the “Universal” package amounted to 38,000 rubles. and was paid in one lump sum for the entire term of the loan.

I used credit funds for 14 months. In accordance with the payment schedule, the loan agreement was terminated on January 25, 2018.

In accordance with Art. 32 of the Law of the Russian Federation “On the Protection of Consumer Rights”, the consumer has the right to refuse to fulfill the contract for the performance of work (rendering services) at any time, subject to payment to the contractor for the actual expenses incurred by him related to the fulfillment of obligations under this contract. A similar right is provided by paragraph 1 of Art. 782 of the Civil Code of the Russian Federation, according to which the customer has the right to refuse to fulfill a contract for the provision of services for a fee, subject to payment to the contractor for the expenses actually incurred by him.

Thus, since the monthly fee for the service package is 1,583.33 rubles. (38000/24 ​​= 1583.33 rubles), taking into account the termination of the loan agreement due to the fulfillment of obligations by the Debtor, I request, within 10 days from the date of receipt of this claim:

• terminate the agreement on the provision of the “Universal” package of banking services;
• return the unused portion of the funds for the above package of services in the amount of 15,833.38 rubles. I will receive the funds personally.

Otherwise, I will be forced to go to court with, incl. on compensation for moral damage, a fine for refusal to satisfy consumer demands voluntarily, in full.

01/26/2018 Rogacheva I.L.

Features of filing a claim with the bank

Relations between credit institutions and individual citizens are regulated by the norms of Chapter. 42 of the Civil Code of the Russian Federation. In addition, in this area, the Law on the Protection of Consumer Rights applies in terms of the collection of penalties, fines, and compensation for moral damage. When making a claim, keep in mind that a financial service is the provision, attraction and (or) placement of funds and their equivalents (providing credits (loans), opening and maintaining current and other bank accounts, attracting bank deposits, servicing bank cards, pawnshop operations, etc.). In the example of our claim, there is no requirement, since the return of money paid for a package of services does not relate to the provision of a financial service. If you have any difficulties in formulating your requirements, you can contact a lawyer on our website.

When a claim is submitted to the bank

The most common cases of contacting a bank in writing are:

• inclusion in the contract of provisions that contradict the norms of the Civil Code of the Russian Federation, clarifications of the Central Bank of the Russian Federation, indicating abuse of rights on the part of the bank. In such cases, most likely, filing (in part) cannot be avoided, and the claim will become an appendix to the claim.
• problems with ATMs, such as card delays, debits from the account without issuing banknotes, etc.
• writing off an incorrect amount under a loan agreement.
• provision of incorrect or incomplete information about a banking service, when the consumer incurs additional costs in connection with this (the loan repayment date is incorrectly indicated, etc.).

If in the complaint the applicant does not indicate the period during which he expects action from the bank, then such a document will most likely be considered within 30 days. It is worth filing a lawsuit after receiving or not receiving a response to a claim within the established time frame to the bank after carefully studying the judicial practice of the region.

Clarifying questions on the topic

Elena Mikhailovna

• Nikita Alexandrovich