Many bank card owners have encountered the problem of illegal money being withdrawn from their account. What to do in this case - the bank does not give instructions and declines full responsibility, so the client will have to try hard to get his hard-earned money back.

What should I do in case of illegal withdrawal of money from my account?

You should not panic and become depressed, but develop a clear plan of your actions. In order for the effect of the chosen measures to be maximum, it is worth finding answers to the following questions:

If there is no such service, then you can make a printout of all account transactions via Internet banking. This will take a couple of minutes, but the resulting report will display all transactions with a clear indication of time and date.

• After clarifying the date and time of debiting, it is worth deciding on the location of your card at the moment when the illegal withdrawal of money from the account occurred. You also need to remember where you were too. This is easiest to do if very little time has passed since the unpleasant incident with the card. And if the client comes to his senses after a few days, then it will be much more difficult to restore the chronology of events.
• It is worth finding out how the money was written off: through an ATM, transfer, payment for goods in a store or when purchasing online. It happens that no one stole the money, and due to a system error, payment for some product in the store - the payment could go through twice. If such a case is detected, the bank will be able to cancel the transaction.

The method of writing off funds will help operational employees reduce the time spent searching for the criminal, if there was one. You can also find out how the money was withdrawn using your current account statement.

• It is also worth finding out whether the rules for using a bank card were violated at all. Often people trust their cards to their relatives or friends, and then complain about illegal withdrawal of money, while friends or relatives used the funds. To prevent such incidents from happening, do not forget about precautions.

It is necessary to clarify all these nuances, first of all, in order not to get into trouble and not to make your loved ones guilty. If, having found the answers to all these questions, only one option remains probable: that the money was stolen, then you need to act immediately.

What measures to take in case of illegal withdrawal of money?

As soon as the fact of illegal withdrawal of money has been identified, the client must immediately call the bank’s hotline and block his account. Often, customers set a limited limit on how much money can be written off, so fraudsters can withdraw money for several days in a row until they empty the card.

In order to block a card, you can also use mobile banking or online banking.

After this, you need to go to the bank to find out the details and write a statement about the incident. The application should be filled out using the form accepted by the specific bank.. After filing it, the bank’s security service will review the case, but they are unlikely to be able to return the money immediately. Nevertheless, many banks return funds stolen from the client’s account, especially if the fraud is obvious.

You also need to go to the police and write a statement there. Law enforcement agencies will begin an investigation, and the more useful facts and evidence the victim provides, the greater the likelihood of getting their money back. However, the best and most reliable way to return your hard-earned money is to contact the bank.

If the police investigate the case and find the fraudsters or the perpetrator of the illegal withdrawal of money, the victim will have to file a civil lawsuit against this person demanding compensation for damages.

Such cases are quite rare; situations are more common when the fraudsters are not found, and the bank refuses to return the money to the defrauded client. And his actions are completely justified, since it can be very difficult to prove the illegality of writing off money and that the client was not aware of the write-off. However, do not be upset, our lawyers know how to force the bank to return the stolen funds to you.

Most often, banks send refusal letters indicating one of three reasons for refusal:

1. The debiting of money was legal, since the card was not blocked by its owner at the time of the transaction. And since the card was active, it means its owner does not limit its use.
2. The agreement for using a payment card states that the client himself is responsible for carrying out all transactions with the card, unless the fault of the bank or its employees is proven.
3. The bank conducted an internal investigation in accordance with all established norms and standards, during which no violations were identified on the part of the bank.

If the bank’s guilt has not been proven that the money was written off illegally, and the fraudsters have not been found or the fact of their presence has not been established, then the client will have to either say goodbye to his money or return the funds through the court.

Such cases are not uncommon, so cardholders need to be extremely careful and not trust anyone with their payment card data and prevent access to electronic devices where such data is stored.

If the bank refused to satisfy your request for a refund and is not going to conduct an investigation into this fact, then you have the right to make a written complaint to the Central Bank of the Russian Federation and legally return the amount stolen from your account. Our online lawyer is ready to immediately advise you on this issue.

In connection with the adoption of Federal Law 161 On the national payment system, many bank card holders, as well as banks, breathed a sigh of relief. Indeed, with increasing cases of fraud with bank cards, rules have emerged regulating these relations, in particular disputes related to transactions carried out without the client’s consent. But with the advent and application of these provisions, conflicts also appeared, allowing them to be interpreted in different ways.

So, let’s look at Article 9, which is designed to regulate the use of electronic means of payment and imposes on the bank the obligation to inform and notify the client about all transactions performed.

The notification procedure and method are established by agreement with the bank. However, this service may be paid for by the bank. By refusing the information service, the client violates the provisions of Part 13 of Article 5, thereby reducing his chances to a minimum in case of controversial situations with the bank. Using this service, on the contrary, increases the client’s chances of returning funds written off illegally. The most common notification method today is SMS notification.

In accordance with Part 11 of Article 9, the client is obligated to notify the bank of disagreement with the transaction no later than the day following the day of notification of the transaction received from the bank.

The bank has a notification method assigned to it; often the client must personally contact the office with a statement of disagreement with the transactions carried out. This method, taking into account the specifics of the investigation of these cases and the work of bank employees, remains the most effective for the client, but at the same time not the most convenient. For example, if the client has learned about an illegal transaction and is abroad. The application submitted to the bank by the client must be certified in the appropriate way, this may be the stamp and signature of an employee.

Clause 8 of Article 9 imposes an obligation on the bank to consider a statement of disagreement and provide a response on the results within 30-60 days.

Clause 15 of Article 9 obliges the bank to reimburse the amount of a transaction made without the client’s consent, unless the bank, in turn, proves that the client violated the procedure for using the payment card. The procedure for use is determined by the bank itself, and in fact is a lifeline. So, in the process of proof, the bank operates on the fact that the client did not ensure the safety and security of information. Many court decisions in favor of banks are based on the following formulations: “the client did not ensure the safety of the PIN code, thereby violating the terms of the contract.”

In judicial practice there is also no consensus; there are court decisions that contradict each other. Thus, in identical controversial situations and when applying the same rules of law, the court of Moscow makes a decision in favor of the bank, the court of St. Petersburg in favor of the client. In conclusion, it can be noted that the process of proving controversial transactions in court is complex; this is only a part that provides tools and opportunities for both banks and their clients.

Plastic cards are considered reliable instruments for conducting financial transactions, but certain risks still exist. Customer complaints about fraudsters withdrawing money from their Sberbank cards have become more frequent.

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Russia took a leading position among other European countries in terms of the number of thefts in 2013. Anyone who is a victim of illegal money withdrawal needs help. The regulation of such issues on the territory of the Russian Federation is carried out by Federal Law No. 161, which came into force in 2011.

Main types of bank fraud:

1. Phishing. Attackers send an SMS or email to the cardholder containing a link to a malicious resource. After going to this site, scammers become aware of the user’s login and password for their personal Internet banking account.
2. Skimming. Criminals use pads that can stick to the keyboard or camera to obtain a PIN code. They install a special device on the receiving device that allows them to steal all the information contained in the magnetic strip of the plastic. Then a duplicate of the product is made, and funds begin to be withdrawn without the participation of the owner.

Funds were stolen from a Sberbank card

Consumer stories about how criminals withdrew money from a Sberbank card and what to do are often found on the Internet. Write-offs also occur for other reasons, such as a technical glitch in the ATM OS. It is illegal to withdraw funds without the consent of the plastic holder, which means the owner has every right to receive a refund.

If the erroneous withdrawal was caused by a malfunction of the terminal, the situation can be resolved more simply. Sometimes the money is returned even without the owner’s request, since the funds remain in the account after each successfully completed operation, but become blocked. At the end of the day, a traffic report is sent to the acquirer. This is the bank to which the terminal belongs.

All completed operations begin to be checked for successful completion. Then, for each successful transaction, money is transferred, and debits are issued to the banks. The entire procedure requires approximately 4 business days.

However, if you believe the reviews of users affected by unauthorized write-offs, you cannot rely on the well-functioning banking system, so you should not wait for a refund without taking any action. It is recommended to immediately call the Sberbank hotline and tell about the problem.

The call center specialist will offer solutions and explain how and where you need to file a statement if money is stolen. It is often accompanied by evidence such as an ATM receipt or a photo from the terminal screen.

Attention! The maximum investigation period may take 180 days, and during this period the commission for considering the issue may be written off.

In cases where funds regularly begin to partially disappear, you must write an application on behalf of the holder for a refund. However, this does not apply to transactions confirmed by a PIN code, since here the client is responsible and therefore no money is returned.

The successful resolution of such issues depends 50 percent on the efficiency of the client. Immediate treatment increases the chances of a positive outcome. Connecting notifications will eliminate the need for constant monitoring, since the holder will know about each replenishment of the plastic card or withdrawal of cash from it via SMS.

Transactions carried out online are more difficult to contest, but the procedure required of the client is similar. Most banks refuse to accept such applications, having written the relevant provisions into the contract in advance.

Important! If plastic is not used, you should contact the call center and block the account linked to the card.

In case of unauthorized withdrawal, you should adhere to the following recommendations:

1. Do not panic, but analyze the possible options, since the money could not simply disappear. This is a payment for mobile alerts, annual maintenance, or a write-off for a previously made purchase.
2. Immediately block the card through the support service or at the Sberbank office.
3. Compile and submit a return application.
4. If money goes missing from a card, lawyers recommend going to the police and reporting it in writing. As a result of such actions, bank security specialists begin to work more quickly. The police officer is obliged to open a criminal case. Further, upon application from the victim, a video is seized from the ATM camera to prove unauthorized cash withdrawal.
5. If the return is rejected, you should go to court. If the illegality of the write-off is proven, the holder will be refunded.

If fraudsters transferred funds

In case of money theft by attackers, you should adhere to the following algorithm:

1. Call the call center to block.
2. Eliminate write-off options such as auto payments or debt to bailiffs.
3. Contact any of the Sberbank offices and submit an application with a request to find out how the money could have gone missing, as well as a demand for compensation for losses. It is worth carefully studying all the clauses of the agreement with the bank, which stipulate cases of theft of funds. If you do not agree to accept the complaint, you should notify the manager of your intention to go to court, this usually helps resolve the dispute. Evidence of theft will be especially helpful. If the client previously contacted the police with a statement about the theft of a bank card, he has the right to attach a copy of it to the complaint to the credit institution. This will help prove non-involvement in transactions made after the date of institution of the criminal case.
4. All that remains is to wait for the agreed period and hope for a positive result of the appeal. If the answer is no, you should take a written refusal from the office and go:
   • to the police department to initiate proceedings against the bank;
   • to the prosecutor's office and file a statement of claim.

The court must accept the application on the basis of Articles 14 and 7 of the Federal Law, which regulate the protection of consumer rights in the territory of the Russian Federation.

If money was withdrawn from the card at an ATM

There is a possibility of erroneous withdrawal of money from the account as a result of a malfunction in the ATM operating system. In this case, the device returns the card, but does not issue funds. A notification of debiting is sent to the holder's phone. In such a situation, you should act immediately:

1. Compose an application remotely with the help of a support employee, or at a Sberbank branch.
2. Wait for the bank to review your request.

Often the decision to return funds that were written off as a result of a program failure is positive. Based on the results, the consumer will receive an SMS about the updated status. If the owner of the plastic is refused, the only option left is to go to court or the police.

However, problems with the terminal are not the only reason for erroneous withdrawals. If criminals obtained the PIN code and information from the magnetic stripe using special devices and began to steal funds, the algorithm of actions remains the same.

After submitting the application, security personnel will review the video from the ATM based on the date and time of withdrawal without the customer's consent. Based on the file, it will be established that theft has indeed occurred. In this case, the bank is obliged to return the amount that the criminals were able to steal.

The bailiffs withdrew the money

Bailiffs use the following powers in their practice:

• searching for the location of debtors, their property, requesting information from the bank;
• arrest of accounts;
• withdrawal of money without the consent of the holder.

Bailiffs constantly cooperate with Sberbank, since most consumers choose the products of this particular bank.

Important! Based on the court decision, funds will be debited from the card, including a credit card, regardless of whether the owner agrees or not.

Many users are interested in how to find out why the bailiffs withdrew money from a Sberbank card. This can be done by requesting an extract about the write-off at the Security Service department, and then contacting the bailiff service attached to the registration address. If you refuse to provide the necessary information orally, you need to write a statement to the head of the organization asking for help in the current situation. Usually the trial takes up to 7 days.

To find out why the bailiffs wrote off money from the Sberbank card and the existence of debts, it is not necessary to come to the office. The option is available on the website http://fssprus.ru/iss/ip/. Collection from accounts begins after a decision is made to arrest them and register them with the details of the bailiffs department.

After the court ruling comes into force, the authorized FSPP employee begins to act. He is obliged to notify all parties about the initiation of enforcement proceedings. However, this does not always work out this way, especially in cases of immediate execution.

If the money was taken illegally, you will have to go to the FSPP again and write an application demanding that they check, cancel the decision and return the written off amount. The acceleration of the process is facilitated by providing the bank with a certificate confirming that there are no claims against the applicant from the bailiffs.

Funds may disappear without notifying the holder for common reasons:

• expired traffic fine;
• non-payment of alimony;
• loan debt;

Unpaid fines can also cause forced debiting from the card account. Here, no action is required from the holder. After the payment of the fine is credited to the bailiffs' details, the money will be transferred to the traffic police.

If a repeated charge has occurred for an order that has already been paid and an alert is received on your mobile phone, you will have to contact the bailiff responsible for the execution of the client’s case with a copy of the receipt. There, the consumer will need to write an application to unblock his account and demand a refund of the overpayment.

Writing off money without the participation of the consumer can occur at the initiative of a credit institution. As soon as this happens, you need to call the bank’s support service or log into your Sberbank Online account and find out the reason for the debit.

Attention! If wages were deposited into the plastic account and they were completely written off to reduce the loan debt without warning the owner, this is illegal.

This is a difficult situation, but it can be resolved. The law prohibits writing off more than 50% of the amount from the debtor as a collection. However, the entire amount is automatically debited. This practice is often used in relation to malicious debtors. Consumers begin to find out why this happens by carefully reading the contract. It states that banks have the right to withhold money from accounts if the consumer avoids repaying the loan.

The client can write an application addressed to his manager with a request to pay his salary in cash or transfer it to another credit institution. Bailiffs cannot oblige the director to make contributions in excess of half of each payment to pay off the debt.

How to protect your funds

Although it is possible to recover money due to illegal withdrawal, it is more advisable to take steps to prevent such situations:

1. Personal information printed on both sides of the plastic, as well as the PIN code, cannot be trusted to strangers. This data should not be disclosed even to employees of a banking organization under any circumstances.
2. It is better to avoid shopping in suspicious online markets. These include sites whose address does not begin with the standard https://.
3. For online payments, you should set a separate password. According to statistics, most thefts occur when making purchases on the Internet.
4. If you cannot remember the PIN code, you can save it in your cell phone in the form of a draft SMS or a contact with a fictitious name.
5. Protects your mobile banking connection from unauthorized debits. An alert will be sent for every financial transaction. If the holder has changed the SIM card, it is important to rebind it immediately, since operators transfer phone numbers to other subscribers.
6. “Sberbank Online” in the form of an application for Android OS will become an excellent travel assistant and provide constant access to account management.
7. Before withdrawing plastic money from an ATM, you need to carefully look to see if there are any foreign or suspicious devices in the device. If the product is stuck in the terminal or a message appears about entering the PIN code incorrectly (and it is entered correctly), you should immediately call the bank’s hotline, as this is the main sign that the ATM is equipped with a device for reading information by fraudsters.
8. There is no need to confirm transactions that the user did not perform.
9. A lost card should be blocked immediately.
10. An installed anti-virus utility on a PC and mobile OS will protect the device and its owner from wondering how information could have been stolen from my phone.
11. You should not go to suspicious sites in SMS or emails.

The share of cash payments is becoming smaller and at the same time, this type of crime such as stealing money from someone else’s plastic card is becoming increasingly popular among criminals. Let's try to understand the situation and will the money stolen from a Sberbank card be returned if it is stolen?

According to the provisions of the new law on the National Payment System, the bank is obliged to return to you funds written off from your card without your knowledge. However, the same law has some nuances that you need to know in order not to receive a refusal from the bank. Let's take a closer look at what they are.

In what case can the bank return stolen money?

In order to count on the return of funds stolen from a Sberbank card, you must be sure of the following:

• Money was debited from your bank card without your knowledge.
• The money was written off due to your negligence and careless attitude towards the safety of the card. For example, in case of theft of a card along with the PIN code written on it.
• The payment is not the result of your accidental or careless actions when making payments on the Internet. There are cases when cardholders carelessly enter card details and send payments, trusting dubious resources and not paying attention to debit warnings.

If you are absolutely sure that the debiting of funds did not occur at your will, and was not a consequence of your violation of the terms of the card service agreement, then you can safely submit a request for a refund.

How to return money stolen from a card?

In order for the stolen funds to be returned to you, you need to perform several mandatory actions.

1. Urgently block the card via online banking, mobile banking or by calling the hotline number.
2. Within one day from the date of notification of the debiting of the amount, contact the bank with a request for a refund.
3. Refrain from crediting the card after return, and it is best to replace it, since your data has already been compromised and new attempts to steal money from the account are possible.

Important! Remember that if you notify the bank about the theft of funds later than the next day after the incident, the bank is released from the obligation to return your funds. This is one of those cases when you cannot hesitate - the sooner you send a notification to the bank, the greater the chance that your money will be returned to you.

How can you prove that funds were debited from your account without your knowledge?

According to the new provisions of the law, you are not required to prove that the funds were written off against your will. On the contrary, the bank’s responsibility is to prove that it was you who spent the money.

This means that the bank cannot refuse to return the stolen funds due to the lack of confirmation of the fact that the funds, whether accidentally written off or stolen, were withdrawn from the account without your knowledge.

Thus, the law makes it easier for cardholders to return funds by placing the task of investigation and collection of evidence on the bank.

Moreover, it is the credit institution that has all the means and opportunities to conduct an inspection and make the right decision regarding the transaction.

How long will it take for the money to be returned?

A serious flaw in the new law is the lack of specific terms for the return of funds stolen from the card. In this connection, the question often arises not about whether the bank will return the money, but about when it will do it.

Here is a loophole that the bank can take advantage of to avoid transferring your money to you for a longer time. If you received a notification that the funds will be returned to you, but they never arrived in your account, you should wait a reasonable amount of time (no more than 15 days).

Then write to the bank a request to transfer funds to your account within 7 days, since reasonable waiting periods have already expired, and this contradicts the requirements of the Civil Code of the Russian Federation, which obliges the bank to fulfill this requirement within the specified seven days after receiving your letter.

In practice, Sberbank returns money stolen from a bank card if the situation is obvious and the cardholder’s guilt has not been proven. If we are talking about a small amount, then the refund occurs within 2-3 weeks.

If a larger amount is stolen, then very often you have to seek justice by filing a lawsuit. If you have followed all of the above recommendations and tried to resolve the situation out of court, the court will side with you and make a positive decision, and the money stolen from your account will be returned to you.

Bank cards are classified as electronic means of payment. The legislation establishes a number of obligations for the bank and the client, the compliance or non-compliance of which determines whether the amounts stolen from his account will be returned to the client or not (Clause 19, Article 3, Article 9 of the Law of June 27, 2011 N 161-FZ) .

1. Informing about transactions with accounts

The bank is obliged to inform the client about each transaction made using his bank card by sending the client a corresponding notification in the manner established by the agreement with the client (Part 4 of Article 9 of the Law of June 27, 2011 N 161-FZ). The bank’s methods of sending notifications are different: SMS notifications, e-mail, information via Internet banking. At the same time, at least one of the methods of information must be free for the client.

2. Procedure in case of unauthorized access of third parties to your accounts

If you find transactions on a bank card that you did not perform (hereinafter also referred to as unauthorized transactions), we recommend that you adhere to the following algorithm.

Step 1. Make sure that you really did not perform this operation

There can be many reasons for questions about debiting money from a card. For example, when making a purchase using a bank card, the money is sometimes not debited immediately, but is only blocked in the account. The actual write-off occurs within a few days. But there are cases when a longer period of time passes from the date of purchase to the date of write-off, sometimes up to two to three weeks. Accordingly, it is not always possible to immediately remember that money was written off for a previously made purchase.

There are also cases when SMS messages about completed transactions arrive with a delay of several hours due to technical reasons, which can also raise suspicions of misuse of your card by third parties.

Step 2. Immediately call the bank’s contact center

Your duty is to immediately notify the bank if the card is lost or used without your consent after discovering the relevant fact, but no later than the day following the day you receive notification of transactions from the bank (Part 11, Article 9 of Law No. 161-FZ).

The contact center phone number is always indicated on the back of the card. You must immediately notify the operator about unauthorized transactions on your card, and also ask to block the card. Perhaps the contact center operator will ask you to perform some other actions.

Step 3. Contact the bank branch with a complaint, and, if necessary, also file a police report

If there are suspicions that fraudulent transactions have been committed with your card, you should contact any police department and write a statement with a request to initiate a criminal case regarding the commission of fraudulent actions (Part 2 of Article 141, Part 1 of Article 144 of the Code of Criminal Procedure of the Russian Federation).

An application to the bank about disagreement with the transactions performed can be drawn up in the form provided by the bank or in free form. At the bank's request, additional documents must be attached to the application depending on the nature of the transaction performed using the bank card (for example, a resolution to initiate a criminal case for fraudulent transactions).

Sometimes money is written off from the card due to technical glitches. For example, a transaction may be doubled if, when you paid for a purchase, two identical amounts were debited from your card to the same seller, or when making a purchase, the terminal issued a receipt indicating an error/cancellation of the transaction, but the money was still debited. In this case, you must attach the receipts you have to the application.

Step 4. Wait for the results of the bank’s review of your claim

The legally established period for the bank to consider a claim is no more than 30 days from the date of receipt of the claim, and when carrying out international transactions - no more than 60 days from the date of receipt of the claim. An agreement between you and the bank may establish a shorter period (Part 8, Article 9 of Law No. 161-FZ).

If the decision is positive, the funds will be returned to the bank card account or another account specified by you in the application. In case of a negative decision, you must be provided with a reasoned refusal. At your request, the result of the consideration of the claim can be provided to you in writing.

Step 5. Go to court

If funds were debited from a bank card without your consent due to the fault of the bank, you have the right to go to court with a claim against the bank from whose card the funds were debited for compensation for losses, as well as interest for unlawful withholding of funds (clause 1 of Art. 11, Article 395 of the Civil Code of the Russian Federation; paragraph 1 of Article 17 of the Law of 02/07/1992 N 2300-1).

3. Security rules when using bank cards

Often the reason for fraudulent transactions is non-compliance with security rules by the clients themselves. In this case, it is extremely difficult to return the written off money. In this regard, the Bank of Russia recommends, in particular (Letter of the Bank of Russia dated October 2, 2009 N 120-T):

1) never disclose your PIN to third parties, including relatives and employees of a credit institution;

2) remember the PIN or store it separately from the bank card in an implicit form and in a place inaccessible to third parties;

3) do not transfer the bank card to third parties for use;

4) upon receipt of a bank card, sign on the back of it, if required (which will reduce the risk of it being used without your consent).