Modern people quite often encounter poor-quality banking results. At the same time, banks do not always go forward. And what to do in this case? Keep silent and continue to endure such injustice? Or file a complaint with Rospotrebnadzor to the bank? If you still prefer to solve this problem, you will find useful information in this article.
Grounds for complaint
In what situations is a complaint necessary? If there are disagreements between the client and the banking institution that cannot be resolved peacefully.
Most often, customers file a complaint with the Rospotrebnadzor against the bank if it commits the following violations:
- distorts or does not provide information about the loan at all;
- trades your debts;
- connects collection agencies that perform actions against you that have no legal basis;
- unilaterally increases the interest rate on loans;
- illegally withdraws money from a client’s account;
- illegally withholds a commission from a client for a service;
- without the knowledge of the client limits the right to early repayment of the loan;
- violates the law on banking and banks;
- sends you to a specific organization for insurance or evaluation.
When is Rospotrebnadzor really going to meet it?
Most often, Rospotrebnadzor (St. Petersburg, for example, or any other city) responds to cases of return of credit insurance. If you repaid the loan ahead of schedule, you have every right to demand the return of your insurance funds, but, as a rule, banks do not want to meet them. Moreover, according to paragraph 1 of Article 421 of the Civil Code of the Russian Federation on freedom of contract, a citizen does not have to insure his health and life, only if it is not about insurance of mortgaged property. It follows that banks carry out and arrange insurance only on the basis of a voluntary act, which allows them to retain money. However, you can return your funds by submitting the correct application to the bank and Rospotrebnadzor.
What is Rospotrebnadzor?
Before filing a complaint, it is necessary to understand what the organization is doing and what authority the state has granted it. That is, to understand what Rospotrebnadzor can do in accordance with its capabilities and rights. This service provides the following types of supervision:
- consumer protection;
- sanitary;
- activities of licensees that are under their control;
- epidemiological.
How is the complaint to the Rospotrebnadzor on the bank considered?
Employees send a request to a banking institution to provide a copy of the contract and the movement of the client's money in the account.
If the bank sold or transferred the debt, then the request is sent to a collection agency, which will be obliged to forward a copy of the contract, based on which it took the debt into work.
After this, consideration of the submitted documents takes place, and then a decision is made:
- the actions of a bank or collection organization are recognized as legal or illegal;
- in relation to a banking institution or collection agency, they institute administrative proceedings and impose a fine; sometimes it comes to revoking a license or closing an institution.
Based on the accepted results, the institution is obligated to amend the loan agreement.
Are banks of Rospotrebnadzor afraid?
There is no single answer to this question.However, one should pay attention to the fact that Rospotrebnadzor itself cannot fine the bank or oblige it to pay compensation to the client in the form of a sum of money. Such issues can only be decided by the court.
How to make a claim?
In order for the submitted application to the Rospotrebnadzor to the bank to have the proper effect, it must be correctly drawn up. Information must be filled with special care so that it is delivered exactly to the address. So, in order to file a complaint with the territorial department of Rospotrebnadzor against the bank, you must:
- First of all, talk with a bank representative who violated your rights. Sometimes a simple conversation will be enough to solve a problem. If you are refused to go to a meeting, then you can safely turn to officials for help.
- An official complaint should be drawn up in an official business language, regardless of the outcome of the conversation and the amount of damage. Determine what specific actions the bank is unhappy with. You need to write a statement essentially without spraying.
- The claim must indicate your requirements. Write what you want to receive in the end - moral or material compensation for damage.
How to write a statement?
In order to correctly draw up a statement, you must also do the following:
- In the upper right corner, you must specify the full name of the territorial department of Rospotrebnadzor, its address, and then write your full name the person filing the complaint.
- Below in the middle of the sheet you need to write “Statement” (or “Message”, “Complaint”).
- Now you need to adequately and competently describe all the events that occurred during which the banking institution violated your rights. It is very important to indicate everything as accurately as possible. Pay attention not only to the situation and circumstances, but also to the contacts of the offending bank. But do not forget that the statement should not write anything superfluous. The writing style should be businesslike, and events should be described in chronological order. A sample complaint about the bank to Rospotrebnadzor will be provided at the place of appeal.
- Then, it is necessary to indicate the regulatory legal acts, the provisions of which, in your opinion, were violated by the bank.
After writing a complaint to the bank, the following documents must be attached to Rospotrebnadzor:
- loan agreement;
- recorded telephone conversations;
- statement of restructuring debt and negative response of the bank;
- other documents required by the organization.
Deadline
The application can be submitted personally at the place of residence, by fax, mail, e-mail or through the portal of public services.
If you decide to file a complaint with Rospotrebnadzor personally with the bank at the place of residence, then be sure to take your passport with you.
According to Federal Law No. 59, an application will not be considered if:
- Not indicated the person filing the complaint.
- Your return mailing address is not written.
- The complaint contains any obscene expressions, various threats to health, life, etc.
- There is no name of the banking institution to which you are writing a complaint, as well as its legal and actual address.
The application must be registered within three days, and consider - within thirty days. If your situation does not fall within the competence of the agency, then the application will be redirected to the appropriate authority within seven days. If you have too many issues that will be addressed by several bodies, then it is likely that this will delay the review period for another week.
Application Review Period
Your complaint must be registered within 3 days. Next, the process of its processing begins, and the period for responding to a claim depends on various factors, including:
- If the submitted complaint falls within the competence of another department or service, Rospotrebnadzor sends it to the appropriate authority and sends you a notification about this fact.The deadline for submitting a complaint and sending a notification must not exceed 7 days.
- If the complaint meets the competence of Rospotrebnadzor and there are no problems with its reading, then it is accepted for consideration. The review period is 30 days from the date of registration of the complaint. After that, a letter will be sent to you with the results of the review and the decisions made.
Legislative regulation
What specific laws control a client’s relationship with a banking institution? We list the legal documents that govern them.
Firstly, it is the law of the Russian Federation “On the Protection of Consumer Rights”, which regulates relations between customers / consumers and performers, manufacturers, sellers:
- The eighth article of the aforementioned document on the consumer's right to information about the contractor (manufacturer, seller) and on the goods (services, works) provided.
- Article 12 of the same law, which speaks of the responsibility of the contractor (manufacturer, seller) for improper information about the service (product, work), the contractor (manufacturer, seller).
Secondly, the federal law “On Banks and Banking Activities” regulating the creation, registration and activities of organizations issuing loans:
- Article 29, which bilaterally describes the interest rate on deposits (deposits), loans and commission for operations of a credit institution.
- Article 30, in which relations between the Central Bank of Russia, organizations that issue loans, their customers and those who process and store information about credit histories (for example, credit history bureaus) are regulated in detail.
Thirdly, article 821 of the Civil Code of the Russian Federation on the refusal to receive or grant a loan.
Is a banking institution required to have a complaints and suggestions book? Bank services are not domestic, which means that they should not have such a document. But this does not relieve them of responsibility, and therefore they are obliged to accept complaints and any complaints from customers, and then respond to them within the time limits established by law.
Loan breach
It is believed that the imposition of insurance and a complaint to Rospotrebnadzor against the bank are almost synonymous, however, the main reason for applying is still a violation of the borrower's rights.
In each loan agreement (99%), a banking institution violates the rights of the borrower. The client does not have the right to change the model agreement, but by law has the same rights as the creditor. Even when you try to challenge something, it is extremely unlikely that you will be able to return the money back.
A banking institution does not have the right unilaterally (i.e., without the knowledge of the client):
- increase the interest rate on a loan;
- change any terms of deposits;
- reduce the interest rate on deposits (deposits), etc.
All of the above violates the law and offends customers and their rights. If, unfortunately, similar situations have occurred with you, we recommend that you use your right to appeal to court (Article 3 of the Civil Procedure Code of the Russian Federation). Only in this way can an organization that gives loans be “put in place”. Otherwise, you will become a debtor or lose all your money.
Complaint to Rospotrebnadzor to a collection agency
Clients of collection agencies are banking institutions. We are simply debtors to them. And the laws say the same thing. It is for this reason that complaining in this situation, unfortunately, is pointless.
But if the debt has not yet been sold, then the victims have every right to file a complaint with the Rospotrebnadzor (St. Petersburg or any other city) with a banking institution. The amount of actual debt is temporarily transferred under an agency agreement (Article 1005 of the Civil Code of the Russian Federation) to a collection agency whose employees call, threaten and intimidate. Be sure to record all telephone conversations and write a complaint to the prosecutor's office and Rospotrebnadzor.
In such a situation, a banking institution will be fined a large amount, because the court has not yet begun, and officially you are not yet considered a problem borrower. The measures taken will force you to return your loan agreement back and in a judicial proceeding to begin a civilized recovery.
Finally
So, now you know that Rospotrebnadzor is engaged in bank violations, this way is one of the most common and reliable methods for solving problems with banking institutions. We also advise you to consider the judicial side of the situation and the issue. But you should not forget that first of all it is necessary to try to agree in a simple conversation and only then go to higher authorities.