Today, banks occupy a significant place in human life. All kinds of service contracts are concluded between the financial institution and the citizen, including maintaining debit and credit accounts, as well as currency transactions.
Often there are situations when the client is dissatisfied with the work of employees, the terms of the contract, or technical problems arose when servicing in automatic mode.
Addressing issues should begin with a written request to the bank.
Fundamental rules
A bank client has the right to appeal to a court in civil procedure if his rights are violated. However, the court in considering the claim takes into account the fact of pre-trial settlement of the issue, which is a claim to the bank.
This appeal must be compiled in writing in duplicate, one of which remains in the hands of the client with a note from the bank that the claim has been accepted. Be sure to have the number of the incoming document, which is affixed by the employee who receives the appeal.
If it is not possible to bring a claim in person, you can send it by registered mail, preferably with a receipt of delivery. This postal document may be needed in the future if the bank does not respond to the appeal or does not resolve the issue in the way we would like.
When to write
A claim to the bank is written in the following cases:
- There were various problems with the ATM: card delay, non-receipt of the deposited money to the account, debiting from the account without issuing and other situations.
- Write-off of the wrong amount under the loan agreement when it happened in a larger amount than prescribed. Most often in these cases, a claim is written to the bank for insurance, as this is the most common mistake of financial institutions.
- The bank writes off the fee for maintaining the loan account, which in fact is a violation of the rights of the borrower as a consumer.
- A bank employee provided incorrect information, as a result of which the client had problems: the amount of the last payment was calculated incorrectly, the date of depositing money was incorrectly indicated, etc.
And many other cases when it is not possible to solve the problem orally, and you have to write a statement.
A claim to the bank should be considered. Based on the results of the audit, a written response is sent to the client.
How to write a claim to the bank
In order for the document to be adopted, it must be correctly drawn up. First of all, it is necessary to clarify the full name of the bank, address at the location and postal.
The client fully submits his data: registration and residence addresses (if different), phone number and passport data.
The main part describes the essence of the claim, the rules of law governing this issue and how to solve the problem. It is also necessary to indicate information that in case of non-fulfillment of the requirements, an appeal to the court will follow.
At the end, the client who sent the document puts the date and signature.
Below is a claim to the bank (sample) regarding the commission for maintaining a loan account.
Thus, when preparing a document yourself, you should arm yourself with the law “On the Protection of Consumer Rights” and chapters 21–27 of the Civil Code of the Russian Federation. Having carefully studied these norms, it is necessary to determine exactly what the rights were violated, and what responsibility the bank should bear.
Do not forget also that the rights of a credit organization could have been violated. So before you know how write a claim to the bank, the client should (although not required) eliminate the presence of late payments or other obligations only if they did not appear due to the organization’s fault.
Appeal to lawyers
Unfortunately, few clients of a financial institution know how to file a claim with a bank. The presence of codes and laws can not only not help the consumer, but also completely confuse, since articles and paragraphs are often correlated.
To understand in which case to apply this or that provision, often only an experienced specialist can figure it out.
At a law firm, a document such as a claim to a bank is drawn up for a fee. However, the consultation can be completely free. On it, the client can get practical advice and recommendations on writing a document.
Terms of consideration
If the client does not indicate in its complaint the period during which it should be considered, the bank may refer to the contract it has drawn up. Since most clients do not thoroughly study every letter of the document, the bank can set the time limits for considering applications and complaints that are beneficial to it, but within the limits of the law.
At the same time, it is not possible to use the law "On the Protection of Consumer Rights", since this provision does not regulate banking activities.
The clause on international operations is often used, that is, when transactions are carried out between the Bank of Russia and the institution of another country. This can happen if a citizen of the Russian Federation pays with a card abroad.
The processing time for write-offs or replenishment takes a long time. Therefore, banks, using the “just in case” rule, apply this provision, ostensibly checking if the client has had operations abroad.
In some cases this is justified. However, if several hours before the problem arose, operations were performed on the territory of Russia, it can be assumed that the person did not leave anywhere.
In addition, the bank will always have time to write off, but a person may be left without funds. Very often, such situations arise when, when replenishing a card through an ATM, money does not arrive in the account during the day.
Bank Rules
According to employees of credit institutions, a claim to the bank is considered within the time limits established by the internal banking rules. Of course, the client is not introduced to the content of these rules.
Despite the term specified in the contract, it is worth relying on the general period of waiting for a response from organizations, which is 30 days. The client may indicate other terms, after which he has the right to apply to the court.
Here the main point is the fact of an attempt to resolve the issue before the court.
Insurance
The most pressing issue among bank customers is the problem of insurance. When applying for a loan, bank employees almost always impose, literally, an insurance policy.
By the way, the same claim to the bank, the sample of which is posted above, can be sent regarding insurance, with minor changes.
There is a law that prohibits conditioning the sale of one product or service (in this case, a loan) by the acquisition of another (insurance). In this case, if article 16 of the Law "On the Protection of Consumer Rights" is violated in an explicit form, you can contact the Rospotrebnadzor.
Lawsuit
It is worth going to court if the claim to the bank has not resolved the issue, but after carefully studying the contract and the insurance policy itself, as well as based on the judicial practice of the region.
For example, in the Vologda Oblast, court decisions made on this issue are not in favor of the client. The judges motivate this by the fact that the refusal of insurance is illegal because the client knew what documents and under what conditions he signs.
In any case, if the customer was sold a service, they should have told about it. This is not the case when ignorance does not relieve responsibility.In defense of the consumer, an article of the mentioned law says that a court decision on a claim should be based on the fact that a citizen did not have or could not have special knowledge for the correct use of the service.
Interesting
There are many curious cases regarding credit institutions. In one of the cities, a client, a legal entity, found out that his rights were violated, and decided that a claim to the bank was needed. The organization did not respond to written statements or received unsubscribes.
Since the law does not say anywhere on which medium the claim should be sent, the entrepreneur “wrote” it on a granite slab.
All the rules were saved in the complaint, the details of the parties, the essence of the claim and the businessman’s signature are indicated. In the morning, the “statement” was already right at the door of the credit institution, which prevented the bank employees from getting to their workplaces.
Since it was not possible to move the claim, the managers called the police officers who refused to decide anything, as the situation is civil in nature.
Bank workers had to go through the window. The next day, the judge, having examined the bank’s lawsuit against the businessman, refused to annul the claim. In addition, indicating that the submission was not an obstacle to consideration, the court ruled to accept the application (even in this form).
As a result, the bank, having hardly "examined" the claim, satisfied the client's requirements indicated in the appeal.
Bank claim form
