Illegal debiting of money from the card how to return. How to recover illegally debited funds

Overview of ways to steal and write off money

Test yourself on the knowledge of ways to illegally write off money from a card account. Below are just a few of the main methods of stealing funds, and how many more will be invented by "card" swindlers. Knowing the technology of scammers will help you not fall for their bait.

SIM card change

If suddenly there is a desire to change the SIM card, you first need to think about the bank cards "tied" to it. After blocking a phone SIM card (for example, after a long period of non-use or loss), mobile operators have the right to transfer the number to other subscribers who can easily steal all your savings by gaining direct access to your card.

As you know, many banks offer the ability to transfer funds between accounts using SMS commands. We will not “go far” and give Sberbank’s “Quick payment” as an example, when it is enough to indicate the phone number of the recipient of the transfer and the amount, and the money will quietly flow from your account (some commands allow you to specify the number of the recipient card and the amount), just SMS confirmation is enough . You should not rely on the fact that the new owner of the number will be decent, he may well seize the moment ...

As a rule, the amounts and transfer limits are limited by banks - they won’t steal much. At least, I am glad that if someone else has your (former) SIM card, then he will not be able to enter the Internet bank - since he will not be identified when receiving a login and password.

Unauthorized issue of a duplicate SIM card

One of the ways to steal money from a card account is to make a duplicate of your SIM card. Fraudsters will not be able to do this themselves without the help of an insider - an employee in a mobile operator company (there is a fraudulent collusion). The scheme is simple - your SIM card is temporarily blocked, and at this time a duplicate is connected, with the help of which money is withdrawn from your card.

Insecure storage of pin and card

Not each of us can easily memorize various numbers and codes, especially elderly citizens. And what do we do then? That's right - we write down the pin code on a piece of paper and put it in a separate pocket of the wallet.

Or even worse - we keep the card wrapped in a pin envelope. A fraudster who has stolen a wallet or handbag with a card may no longer make any effort to rob our card account. You will be left without a livelihood, and who is to blame for this? Only yourself.

Phishing (fishing) or live bait fishing

The most common way to fish out card details is through fraudulent pseudo-sites similar to the sites of online services of well-known banks. Even their name is similar and may differ by one letter, for example, instead of sberbank.ru in the browser line there will be sbepbank.ru (you can’t tell right away). On such sites, they can lure both card details and a login with a password to enter the Internet bank.

Often we forget about elementary caution when we receive an email “from the bank” with a fraudulent link. A Russian person is so accustomed to trusting everyone that without hesitation he clicks on the indicated links and enters the requested data. And as a result, he loses his hard-earned money, because he simply got on a phishing site.

Skimming (creating card duplicates)

If you withdraw money from ATMs installed in crowded and poorly lit places, on the streets or even in shopping centers, then there is a risk that the data from the magnetic strip of your card will be read by a special device that the fraudster has installed on the card entry hole.

The pin code is read using an overlay keypad, while the card number, authentication code and other important details are discreetly photographed by a disguised camera. Further, duplicate cards are made and money is withdrawn from the account.

Fortunately, skimming is slowly losing its relevance due to the gradual phasing out of chipless cards for security reasons. But in some cases (if your bank does not support 3-d Secure technology), it will be enough for an attacker to find out the details of your plastic to access your money.

Technical errors of online stores and outlets

When paying for goods in an online store, your card may be charged twice as a result of a technical error.

How to return money illegally debited from the card

If your money nevertheless "floated away", another question arises - how to return the money illegally withdrawn from the card account and what to do for this?

Step 1. Block your card. This is the first thing to do if you suspect an unauthorized withdrawal of money (for example, you received an SMS message about the withdrawal of funds). Blocking the card will not allow any transactions with your account, which you can be sure of. It is better to do this by calling the hotline (if you don’t remember, then look for it on your bank card, but it’s better to put it in your phone book) or using SMS commands from a mobile bank. If you have a smartphone and an Internet connection, then use the mobile application or Internet banking.
Step 2 Find out all the possible nuances of an unauthorized operation, which will be extremely useful later:

Where and how your plastic card was used (if it was a double charge or the money was debited from a store where you recently bought something). Whether it was a payment at a point of sale, an online store, or a cash withdrawal from an ATM.
The transaction date, amount, name and location of the outlet will also come in handy - this information can be found in an SMS message (if you have activated the SMS informing service) or in the Internet bank.
The location of the cardholder and the cardholder at the time of the payment.
Whether the card was transferred to other persons and whether the rules for using the card were observed.
Whether the cardholder was informed by the bank about the debit transaction. If so, in what way and for how long?

Step 3. Visit your nearest bank branch to file an application for blocking a card account and to file a claim for the return of illegally debited funds.

After remote blocking, you will still have to look at the bank and issue a written application for the same operation. And you need to do this as early as possible, because. according to the law "On the National Payment System": in case of loss of a bank card and (or) its use without the consent of the holder, he must report this no later than the day following the day of receipt from the money transfer operator (i.e. from the bank ) notifications about the completed operation.

Only such an official statement written by you personally will be considered confirmation of the blocking of the means of payment - ask for a copy of it if it is made in only one copy. In other cases, the bank will consider that you have not taken measures to protect the funds remaining in the account. This rule is prescribed in almost any bank account agreement. By the way, if the account is debited after an officially confirmed blocking, then the bank is obliged to return this money to you, in accordance with existing legislation.

Simultaneously with the application for blocking, you need to make a claim for illegal write-off and refund. Both applications are filled out on forms drawn up according to the form of the bank. If you are suddenly told that the claim forms are over, ask for written confirmation. Remember that you have only a day to file a claim, then the demand for a refund will be illegal.

Step 4: Report the illegal write-off to the police

If you are firmly convinced that it was scammers who helped you part with the money, contact law enforcement agencies with a written statement. Don't forget to get your application receipt.

The timely actions described above will increase your chances of success. In some cases, thanks to an established system of interaction between various banks, an unauthorized payment can be quickly tracked and returned to the owner.

But not always everything goes so smoothly, sometimes the bank refuses to reimburse the losses, referring to your irresponsibility. In this case, you may need to start complaining to higher authorities.

See below for a sample claim-complaint to the Central Bank of the Russian Federation from the website of a law firm.

If this does not help, then the only option will be to resolve the dispute in court.

But before going to court, you need to demand from the bank a written refusal to return the lost money and collect those supporting documents that you can:

copies of all your correspondence with the bank and applications and claims submitted there;
checks provided by the outlet, or card account statement;
confirmation that the spending transaction was made without the physical presence of the card or specifying passwords known only to you (you can take it from the bank);
confirmation that your location was radically different from the place of the transaction (for example, the money was withdrawn abroad, and you don’t even have a foreign passport) and a number of others.

This is where an experienced lawyer can help.

In any case, we remember that we have a lot of regulatory documents on our side, and the main one is the Law “On the National Payment System”. It is in it that the obligation of the bank to return to the client the funds that were spent from the account without his consent is prescribed.

Follow the security rules when paying with a card

Remote service is a very convenient thing. But so that ease of use does not become a reason for losing money, you need to follow some safety rules:

Even before issuing a card and gaining access to online services (Internet banking or mobile banking), familiarize yourself with the banking rules for the provision of these services. Ignorance will not relieve you of responsibility.
Try not to log into the Internet banking system from the computers of strangers or using a public Wi-Fi network. If you still had to do this, do not forget to exit your profile later and clean the cache thoroughly.
The most reliable versions of browsers and "mailers" are those that were released last. They have better protection, and swindlers have not yet had time to get comfortable.
Login and password are the main data, without which it is impossible to enter your personal account. Do not enter any other details. And it is advisable to come up with a password that is complex, not related to your personal data.
Refrain from downloading suspicious files and following unknown banners and links. It is better to move letters from any dubious senders to spam.
Never keep your PIN next to your card.. Even better - memorize it or write it down in the phone book.
Always inform the bank about the change of phone number and link the cards to the new number.
Set a daily cash withdrawal limit and spending transactions. So at least something will remain in the account.
PIN code, CVC2/CVV2 authentication code and other card details must not be shared with anyone. Remember that bank employees will never ask you in a letter or SMS to clarify any data about you or your payment cards.
If necessary, immediately block the card.

And finally, I would like to say that in any doubtful situation, it is important not to panic. Stress is a bad adviser. In case of the slightest suspicion of fraud, immediately block the card and go to the nearest bank office to solve the problem.

How to return illegally written off money?

Bailiffs operate within the framework of the laws governing their work. Consequently, any of their actions that are contrary to the law can be appealed.

How to return money from the card, withdrawn without warning by bailiffs - you need to appeal against their actions that violate the law.

As a rule, the following characteristic violations in the work of bailiffs are most often encountered:

Banks provide information only about the availability of funds in your accounts without indicating their origin. Thus, often the bailiff writes off money that is not recoverable by law. So, they can withdraw children's money from the card.
Inaction in the work of the bailiff.
The money debited from the cards is first transferred to a special account of the FSSP, and later sent to the account of the claimant. The movement of funds between accounts is often delayed. From this, situations arise when bailiffs withdraw money from a bank card for an unpaid fine 2 times.
The bailiff does not notify you of the decision to initiate enforcement proceedings. Because of this, an SMS message from the FSSP about debiting funds shocks you.

To return the money, you must write an appropriate application addressed to the head of the bailiff service. It must indicate your contact details, full name, passport details and the number of enforcement proceedings. Copies of documents confirming the illegality of debiting funds must be attached to the application. This may be, for example, a certificate from the social fund on the targeted nature of cash receipts, an account statement on the payment of a fine that was re-deducted.

In two copies, the application is submitted to the service department against the signature of the official who accepted the application. The bailiff is obliged within 7 days to issue a decision to cancel the previously issued decision, indicating the return of debited funds.

A sample application looks like this:

Head of the GOSP Industrial District
Amur region
Pchelintseva V.A.
from Sviridov Sergey Semenovich debtor
salary at the address: Amurkya region, Industrial district, Portnoy settlement, st. Lenina, 45
passport series: 4503 number: 037845,
issued by: District Department of Internal Affairs of the Industrial District of the Amur Region, date of issue 04/06/2003
tel. 89060234587

statement.

I ask for the return of illegally debited funds in the amount of 10,000 rubles. 00 kop. (ten thousand rubles 00 kopecks) according to payment document No. 00937 dated 03/23/2020 from my personal account, owned by me due to the voluntary repayment of the debt in full according to the writ of execution FS 09487564 dated 02/22/2020 until write-offs of erroneous funds.

Please donate funds to:

Personal account No. 40712415845122

Name of Bank Vozrozhdenie OAO, Amur Branch

Bank BIC 0124578

Attached to the application:

copy of bank receipt No. 76767 dated February 22, 2020 in the amount of 10,000 rubles.
copy of payment document No. 00937 dated March 23, 2020

03/26/2020
___________Sviridov S.S.
(signature)

If, on a voluntary basis, bailiffs do not return illegally deducted funds to you, you have the right to file a lawsuit in court. In the claim, it is necessary to indicate not only the amount recovered by the bailiff, but also losses, moral damage, and the remuneration of the lawyer who drew up the statement of claim. The claim is filed at the place of registration of the FSSP department.

Also, on the fact of illegal debiting of funds by bailiffs, you have the right to write a complaint to the prosecutor's office.

If you transferred maintenance payments or child allowances to other accounts, for example, to a deposit account with interest in a bank, then the status of your funds changes. Therefore, the bailiff can levy a claim on these amounts.

The advice of a lawyer on how to return the money withdrawn by the bailiffs, look at the video from the second minute:

Where can funds be withdrawn from?

Bailiffs, by virtue of their official duties, closely cooperate with credit institutions, tax authorities. With the help of such interaction, bailiffs receive all comprehensive information about the financial situation of persons in respect of whom enforcement proceedings have been initiated.

Bailiffs can receive the following information from banks:

Availability of settlement accounts of bank customers with indication of cash balances;
Data on other valuables stored in the bank.

To the question: are there banks that do not cooperate with the FSSP and have the right not to provide information upon official request, there is a definite answer. No. In our country, a substantial fine is provided for non-fulfillment of this action by a credit institution.

FSSP employees have the right to write off money from the following financial instruments:

Pay cards;
Debit cards;
Electronic wallets;
Stock accounts.

In addition, the question has become widespread: do bailiffs have the right to withdraw money from a credit card? Unfortunately yes. Bailiffs have every right to withdraw funds from your credit accounts, thereby repaying your debt obligations.

Bailiffs are not entitled to foreclose on the following income:

Funds in compensation for harm caused to health, or in connection with the death of the breadwinner;
Alimony payments;
Insurance coverage for social insurance;
survivor's pension;
One-time financial assistance;
Social allowance for burial;
Child allowances and maternity capital and much more.

A complete list can be found in the Federal Law "On Enforcement Proceedings".

In the event that a one-time withdrawal of funds does not cover the full amount of the debt, the bailiffs have the right to withdraw monthly payments from both the salary and pension cards, and from the social card. The main thing that debiting money from a salary card should not exceed 50% of the amount of receipts.

Any citizen has the right to reduce the percentage of the monthly penalty, subject to a difficult financial situation. In judicial practice, civil cases are widely used to consider applications from participants in the process to change the procedure for the execution of a judgment. In order to prove to the judge the severity of your financial situation, you will need to provide receipts for payment for housing and communal services, salary or pension certificates, documents confirming the fact that certain persons are dependent on you. Judges are ready to reduce the penalty even to 35%-25%.

What was the money written off for?

To the question: how to find out why the bailiffs wrote off the money, there is a simple answer. To get started, you should visit the nearest branch of the bank, where you will be provided with an extract on debiting funds. There will be reflected information about the recoverer and enforcement proceedings.

Next, you need to go to the official website of the FSSP, where in a special database, indicating your full name, you will find out all the necessary information. The number of the enforcement proceedings, the name of the bailiff and the address of the department where your case is stored will be indicated here. To do this, you need to visit the official website at the link http://fssprus.ru/iss/iP in the service section of the data bank of enforcement proceedings.

In order not to become a participant in conflicts with bailiffs and always be sure of the safety of your income, you should adhere to the following recommendations:

Regularly monitor the FSSP website;
Check the mailbox regularly and be attentive to judicial or executive correspondence;
If possible, try to receive wages in cash;
Keep records of earmarked cash receipts, such as alimony or child benefits;
Do not dispose of checks and other documents confirming banking transactions.

Bailiffs deducted money from the card, and the balance went negative

Bailiffs can write off money from your Sberbank card as a minus. This can happen for one simple reason - an overdraft is open on your card.

An overdraft is, simply put, overspending on a card, short-term lending to a cardholder. Such a service, of course, is considered additional, and all the conditions for using such a card are described in detail in the loan agreement.

The procedure for debiting funds from the card

Fortunately, bailiffs are not always able to withdraw money from the card. There are a number of restrictions established by law.

Bailiffs initiate enforcement proceedings on the basis of the following court documents:

court orders;
Decisions of the court in civil cases;
Resolutions on administrative offenses;
Writs of execution in criminal and civil cases.

All copies of judicial acts based on the results of the consideration of cases are sent to the parties for review. If you disagree with a judicial act, you have the right to appeal against it by filing an appeal with the same court. For example, you have the right to cancel a court order within 20 days from the day it was issued or later, if you prove the need to restore the missed deadline.

The bailiff issues a decision on enforcement proceedings, a copy of which must be sent to the person against whom the proceedings have been initiated, by mail. After that, within 5 days you have the right to voluntarily repay the existing debt.

If the bailiff's order is ignored, he will not only start the process of searching for your bank cards and accounts, but will also be able to collect a performance fee. In particular, the execution fee for decisions requiring immediate execution will be collected within a day from the date of receipt of a copy of the document. Such enforcement proceedings are, for example, maintenance proceedings for the maintenance of minor children.

The Law "On Enforcement Proceedings" strictly establishes the amount of such a fee. It is equal to 7% of the debt, but cannot be less than 1000 rubles. from an individual or individual entrepreneur and 10,000 rubles. from a legal entity. By the way, it can be challenged by proving the impossibility of paying on time due to insurmountable circumstances.

Bailiffs perform their duties within the framework of the current legislation. It follows from this that any violations and illegal actions of them can be appealed, and your rights are fully restored.

Article 218 of the RF CAS. Filing an administrative statement of claim challenging decisions, actions (omissions) of a public authority, a local government body, another body and organization vested with state and other public powers, an official, a state or municipal employee and considering an administrative case based on an administrative statement of claim

If you have questions about the topic of the article, please feel free to ask them in the comments. We will definitely answer all your questions within a few days.

87 comments

"Your account has been debited..." Users of mobile banks may be alarmed by the familiar text if the transaction took place without their participation and desire. They deducted money from my card without knowing it. In such situations, the algorithm of actions begins with finding out the reasons for the write-off. They will determine the further steps of the card user in order to obtain a refund.

If you did not agree to write off money, then this happened illegally. How quickly it is possible to return the money debited from the card depends on the correctness of the actions of the cardholder. It is convenient to use a plastic card when it does not cause trouble.

Consent not required?

The stories of write-offs as a recovery of a fine or fees are similar to one another: SMS about the withdrawal of funds at the request of the judicial authorities. Often, many do not remember or do not know that they are in debt or fined, so such messages are confusing.

The bailiff service executes decisions of courts and other authorized bodies. And when you do not pay the fine on time, bailiffs start their work.

In order not to get into an unpleasant situation and always be aware of the debt, contact the FSSP service, which will notify you on the same day that enforcement proceedings have been initiated against you. Convenient and mobile applications that "search" for debts in various bases. The most reliable way to keep up to date is the Enforcement Proceedings Data Bank on the FSSP website.

A debt or a fine can be paid on the website of the Federal Bailiff Service.

Bailiffs withdrew funds from the card

Can bailiffs deduct money from the card? They can. If you think that the bailiffs have unlawfully deducted money from the card, then turn off your emotions and get ready for defense.

To find out the exact reason for the debit, go to the bank branch. If the bank confirms that the write-off was made based on the decision of the bailiff, request a copy of this decision.

If the bailiffs debited money from the card, you should attach a copy of the decision to the application, in the text of which refer to the fact that money was unlawfully debited from your card. Be sure to indicate the requirement for the immediate return of the entire amount. Don't forget to take your bank statement.

The copy of the decision will indicate the name and surname of the bailiff, as well as the territorial division of the service. This information will be useful when drawing up an appeal to the FSSP.

When formulating an appeal, demand the immediate return of the collected funds and the cancellation of the decision made, according to which the account was debited.

Send the same appeal to the main department of the FSSP and publish it on the bank's website.

You can also leave an appeal on the website of the Prosecutor General's Office to initiate a prosecutor's check of the bailiff's actions.

Illegal write-off in favor of loan debt

As soon as the salary came, they debited the money from the card. Written off to reduce debt. And you weren't asked. Experts say that the situation, when there was an illegal write-off of funds, is difficult, but solvable.

Why write off the entire salary on credit? Everything is simple. According to the law, it is impossible to recover from a credit debtor an amount exceeding half of the salary. But the system does not pay attention to this, it uses all the money received on the card in favor of repaying the debt on the loan. This situation occurs when a large debt is accumulated, the bank enters the client into the list of malicious debtors.

If you write an application addressed to the employer with a request to pay salaries in cash, the bailiff service has the right to oblige the director to transfer no more than 50% of your earnings to pay off the debt on the loan.

The second option for illegal debiting of funds by bailiffs may affect recipients of benefits. For example, child care allowances, disability benefits, etc. are credited to the bank card. The bailiff does not know that these are social payments, and a write-off occurs. For the system, this is also just money. In such a situation, there is the fault of the bailiff, who did not begin to find out what kind of funds they were: assets or benefits.

You need to contact the bailiff and provide evidence that it was the social payment that was deducted from the card on account of the debt. And since this is not the debtor's money, they cannot be collected and collected at all. The debited amount must be returned.

Deducted money from the card for a fine

When, for example, it becomes known through an SMS notification that money has been debited from the card for a previously paid fine, you will need to go to court.

Collect the necessary papers and copies for this. Before filing a claim, you will need to make a scanned copy of the receipt confirming your payment of the fine. The bank must obtain an account statement and a copy of the decision to debit funds from the account. This copy will contain data that will be useful for filing a complaint against the bailiff if money was debited from the card for the paid fine.

Wrongful write-off

Attackers can get to your funds from a bank card by hacking into your Personal Account in the Internet banking system or gaining access to your account through a banking application. If you understand that unknown people have withdrawn money from the card, you must immediately turn off the power to the communication device that provides the withdrawal of money, i.e. a smartphone or laptop. And then block the card account by calling the bank's hotline. Don't hesitate to file a complaint with the police. It is also recommended to contact your Internet provider and get them to provide statistics on authorization from this device for the last three months. This will allow you to establish how it was possible to access your accounts.

In case of fraudulent activities, it will not be possible to return money through the bank. The return will occur only when the court proves that the money was withdrawn by the attackers.

Withdraw funds from Sberbank card

They took money from the Sberbank card, but you didn’t do it. Then, most likely, the funds were stolen, so start acting immediately:

Block the Sberbank Online application.
Call the Sberbank hotline immediately.
Inform the operator about the situation, and then go to the bank branch to write a statement that you consider the transaction illegal.

If money was debited from a Sberbank card, the bank may not agree with your claims and refuse to comply with the requirements. You will have to contact the police and tell the details there.

Fraud methods

Attackers are constantly improving, coming up with new methods of theft, and it is no longer news that they have withdrawn money from a Sberbank card. However, the old methods continue to work, despite repeated warnings in the media. Although Sberbank plastic cards are considered one of the most secure.

Common Methods:

you are informed about the win;
you are informed about the forced blocking of the card;
you are sent links to virus sites and programs.

Do not rush to rejoice at the messages about winning. Usually the “lucky one” is asked to call a certain phone number to clarify the details. When calling, attackers try to find out the card number or card code on the reverse side. It is important to understand that if you yourself named these data to scammers, it is unlikely that you will be able to bring them to justice, and you will not be able to return the money.

If you debited money from a Sberbank card after talking with a banking specialist, then most likely you still communicated with a scammer.

Attackers, posing as bank employees, for some reason will ask you to give the number data of your card. Although the information is confidential and no one should ask it. Keep this in mind, no matter what force majeure circumstances the callers refer to and no matter what financial losses they warn about.

Another common method of theft from a bank card is a message about its blocking. You will also be asked to call back at the specified phone number, calling this step the only way to return the card to the current mode. And then again persistent requests to provide card details.

Therefore, be more careful about any messages containing links. Sometimes they are malicious and can be sent from a number in your contacts' phone list. It is safer to call back and find out more about the link: why did you send it, and does it threaten your bank funds in any way?

Keep Sberbank plastic cards only in a safe place.

Sberbank cards and precautions

You can avoid unpleasant situations and prevent scammers from leaving you without money by observing certain precautions that apply to plastic cards of Sberbank or any other financial organizations.

If you are a fan of online shopping, then for such purchases it is better to use a separate card, not a credit card or one where salaries and other assets are transferred. You can use a separate electronic wallet, designed only for purchases in online stores. On the card for online shopping, keep only the amount necessary to pay for the goods.

When using an ATM, be careful. Examine the number pad, make sure it is not damaged and there are no additional devices on it. All ATMs are equipped with cameras, make sure that it is working (no external damage). In the event of a theft, the camera will capture the attacker, however, now scammers understand that it is not worth attacking a person who withdraws money from a card right at an ATM.

If the message informs you that a failure has occurred and you cannot use the card, and as a solution they offer to call the phone from SMS, do not rush. To check the information, dial the bank number.

If they called you and introduced themselves as an employee of Sberbank, also do not rush to take a word. Listen to the information, hang up and call Sberbank.

If you change your cell phone number, do not forget to cancel the "mobile banking" service.

Money was withdrawn from the bank card, but the ATM did not dispense cash

The ATM did not dispense money, but the money was debited from the bank card from the account. Sometimes it happens. Usually, an error when receiving cash occurs due to a power outage or a malfunction of the device. But how to correct the consequences of this unsuccessful technical operation?

Money can be returned only after contacting the bank. It is better to do this immediately by calling the hotline, usually it is indicated on ATMs and the card. Tell the bank specialist what address the ATM is located at, what time you tried to withdraw money, give the bank card details and the code word.

All banking operations in the memory of the bank's system are saved every minute, so it will be easy to check your information.

The next step of the bank is the collection of the ATM. When recalculating cash, a surplus will be found - an amount that matches the amount you specified.

To verify your words, the bank may use video from surveillance cameras.

It is possible that the bank decides to refuse to give you money. In this case, contact the Central Bank. He will demand from the bank to explain the reasons for his decision.

You must also take a statement to the police. Write it by mail with a request to verify the fact of illegal debiting of money. You can contact the department and personally. True, the problem is that the police often do not want to accept such applications, cases that are difficult to solve. Such actions on the part of law enforcement agencies are illegal, any citizen can demand the acceptance of an application, and they cannot refuse it.

If you still get a refusal to initiate a case, do not be discouraged. The document will be useful in court. You can draw up a statement of claim yourself, but it is better to do this with the help of a lawyer who will take into account all the points in each specific case. In court, on the basis of article eight hundred and fifty-six of the Civil Code of the Russian Federation “The Bank's Liability for Improper Operations on the Account”, you can count on the payment of interest from the bank. And article fifteen "Compensation for moral damage" of the Consumer Rights Protection Law gives the right to demand compensation for moral damage.

If the bank has no doubts about the correctness of your words, the money will be returned to the bank card.

Banks may consider your application for several days, but usually no more than a month.

Write-off under control

Online banks, the possibility of which are opened by mobile applications or computers, record all transactions with a bank card. The most common way to keep abreast of transactions is through banking applications. Their availability and operation are possible only if mobile Internet is available.

The application will notify the cardholder with an SMS message about debit or credit transactions. Using the system is convenient because it is easy to control the balance of a bank card with it and block it in a second, if necessary, to the owner who stumbled upon scammers with bank cards.

Mobile application services require a monthly payment of up to fifty rubles.

Is it possible to return the money deducted from the card

If the money was debited due to fraud, then the return will have to be sought through the courts. And this process may not always lead to a positive result for the plaintiff. In addition, the proceedings in such cases can be delayed. You may need legal advice.

Referring to the correctness of banking operations on the card, the bank may refuse to return the money. If the login and password, pin code and other data were entered correctly, the bank does not care who entered them.

There must be undeniable evidence that the money was stolen from the bank card by fraudsters. For example, an operation to write off money took place in an area in which the owner of the card was not located.

How does the bank protect your card?

Fraudsters with bank cards are not uncommon today, but sometimes, due to their own inattention, a client can give them a trump card. It is no coincidence that a plastic card together with a pin code is issued in a sealed envelope. An attacker only needs to know your card number and a special code on the back of the card.

The liability of banks is enshrined in the Civil Code of the Russian Federation. For example, article eight hundred and forty-five states that the bank account was created to save the client's funds.

Article eight hundred and fifty-four fixes the condition of debiting money only by order of the client. If the bank does not have such an order, the write-off can be carried out after a trial.

Pay attention to how your bank handles customer identification. If the pin code verification is not required, this leads to a violation of the rules for establishing and confirming the data of a person who has a bank account.

If you have lost your bank card and debited money from it, FZ-161 will protect your interests. Send a notice to the bank about the loss of a bank card. Having received it, the bank is obliged to return the money debited without the knowledge of the client.

It is better to inform the bank as soon as possible that the card is lost. The sooner you do this, the sooner your account will be blocked. The numbers to call in case of loss of the card are written on the back of the plastic card. If later a bank card is unexpectedly found, for example, in a purse, then it is easy to return it to working mode. Usually it is enough to pay with a card for a purchase with confirmation (for example, by sending a code to the phone).

The bank is obliged to inform the client about each transaction made using a bank card by sending a corresponding notification to the client in the manner established by the agreement with the client (part 4 of article 9 of the Law of 06.27.2011 N 161-FZ). The methods of sending notifications used by banks are different - these can be SMS notifications, e-mails, and informing through the Internet bank. At the same time, at least one of the ways of informing should be free for the client.
If you find transactions on a bank card that you did not make, you must 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, money is sometimes not immediately debited, but only blocked on the account. The actual write-off occurs within a few days. But there are times when a longer 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 immediately possible to remember that the money was debited for a previously made purchase.
There are also cases when SMS messages about completed transactions for technical reasons arrive with a delay of several hours, which can also cause fears of misuse of your card by third parties.

Step 2. Immediately call the bank's contact center.
The telephone number of the contact center is always indicated on the back of the card.
You need to immediately inform the operator about unauthorized transactions on your card, and also ask to block the card. It is possible that the contact center agent will ask you to perform some other actions.
We strongly recommend that you do everything that the operator asks for, and also do not refuse to block your bank card, as this will eliminate the risk of further unauthorized transactions.

Step 3. Contact the nearest branch of the bank with a written statement of disagreement with the operations performed (claim) and other documents, and, if necessary, also with a statement to the police department.
If there are suspicions of fraudulent transactions with your card, you should contact any police station and write a statement with a request to initiate a criminal case on the fact of committing 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 can be made in the form provided by the bank, or in free form. The statement must describe the details of the discovery of the unauthorized operation.
Additional documents must be attached to the application at the request of the bank. The list of such documents may be different, it depends on the nature of the operation.
For example, these could be:
- a decision to initiate (refusal to initiate) a criminal case on the fact of committing fraudulent transactions, if the disputed transaction was made on the territory of the Russian Federation;
– a foreign passport to confirm your absence from the country where the fraudulent transaction took place, if the contested transaction was made outside the Russian Federation.
Sometimes unauthorized transactions occur not due to fraudulent activities, but due to technical failures. For example, the operation may "doubling". That is, you yourself made a purchase, but at the same time two identical amounts were debited from the card to the address of the same seller. Or, for example, a technical failure occurred during the purchase, the terminal issued a receipt for an error/cancellation of the operation, but the money was still debited. In this case, it is advisable to attach the checks you have to the statement of disagreement with the operation.

Step 4. Wait for the results of the bank's review of your claim.
The legally established term for the bank to consider a claim is no more than 30 days from the date of receipt of the claim, and in the case of 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 of article 9 of Law N 161-FZ).
If the decision is positive, the funds will be returned to the bank card account or to another account specified by you in the application.
In case of a negative decision, you must be given a reasoned refusal.
At your request, the outcome of the complaint may be provided to you in writing.

Step 5. Go to court.
If the funds were debited through the fault of the bank, you have the right to apply to the court with a demand to the bank, from the card of which the funds were debited, for damages, as well as interest for illegal deduction of funds (clause 1, article 11, article 395 of the Civil Code of the Russian Federation, paragraph 1 of article 17 of the Law of the Russian Federation of February 7, 1992 N 2300-1).

Note. There is no need to neglect the security rules when using bank cards. Such rules are published by banks on their websites and are issued when issuing a card. The most common reason for the occurrence of fraudulent transactions on bank cards is precisely the non-compliance with these rules by the customers themselves. At the same time, it will be extremely difficult to return the money written off by scammers due to non-compliance with elementary security requirements.
In particular:
1. Never disclose your PIN to third parties, including relatives, acquaintances, employees of a credit institution, cashiers and persons helping you to use a bank card.
2. PIN must be remembered or, if it is difficult, kept separately from the bank card in an implicit form and inaccessible to third parties, including relatives, in a place.
3. Never, under any circumstances, give a bank card for use to third parties, including relatives. If the name and surname of an individual is indicated on the bank card, then only this individual has the right to use the bank card.
4. Upon receipt of a bank card, sign on its reverse side in the place intended for the signature of the bank card holder, if provided. This will reduce the risk of using a bank card without your consent in case of its loss (Letter of the Bank of Russia dated 02.10.2009 N 120-T).

Bank cards are called electronic means of payment. And today a huge number of people use them to pay for goods and services, as well as to carry out a number of other operations.

But how many are aware that the current Russian legislation (in clause 19 of article 3 and in article 9 of the Federal Law No. 161 of 06/27/2011) establishes a number of obligations both for banks and their clients? And precisely because the owner of a bank card complies with the obligations assigned to him, it directly depends on whether the funds will be returned to him or not returned if they are stolen from the card.

Table of contents:

Informing about account transactions

The bank that issued the plastic card to the client is obliged by law to inform the user on each of the transactions performed using a bank card. Notifications to the client are sent in the order and in the manner prescribed in the relevant agreement (part 4 of article 9 of the Federal Law No. 161 of 06/27/2011). These can be SMS notifications, emails or online banking information. At the same time, at least one of the listed methods of supplying information to the client must be provided free of charge.

Procedure for unauthorized access of third parties to your accounts

If, being the owner of a bank card, you find transactions that you personally did not make with it, follow a certain algorithm of actions. You need:

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

A client may have a lot of questions about debiting money from a bank card account. So, for example, if payment for a purchase is made using a plastic card, money is not always debited from it instantly. Sometimes they are blocked on the account, and in fact, the write-off occurs after several hours, or even days. In rare cases, the write-off can take up to 2-3 weeks, and during this period it is easy to forget about some acquisitions and transactions made in connection with them. Therefore, it is first recommended to make sure whether this or that action was performed by the owner of the card or not? Suddenly, the write-off occurred as a result of a long-standing purchase or payment for a service.

If the client has an SMS notification about banking transactions connected, then due to the fault of the mobile operator, the message about debiting funds may arrive with a delay (up to several hours). And here, too, it is important to make sure that the funds were spent by the cardholder, and not by third parties. Because due to problems with the notification, a variety of suspicions can arise.

Step 2. Immediately call the bank's contact center

The direct obligation of the client is to immediately notify the bank:

about the loss of a plastic card;
or about the case of using the card without the consent of the owner.

As soon as it became known about something like this (no later than a day from the moment of informing, in accordance with part 11 of article 9 of the Federal Law No. 161), you must promptly contact the bank contact center, the telephone number of which is indicated on the back of the bank card or in the service agreement.

The operator needs not only to report the loss or unauthorized actions with plastic, but also to ask to urgently block the compromised card.

Perhaps the contact center operator will offer the caller to perform some actions, answer questions. This must be done to maximize the effectiveness of the interaction.

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

If there is a suspicion that fraudulent actions have been committed against a client with the illegal use of his bank card, you should not neglect a visit to the police. There you should file an application on the fact of fraud (see part 2 of article 141 and part 1 of article 144 of the Criminal Procedure Code of the Russian Federation).

As for the relationship with the bank on this matter, you will also have to submit an application there - drawn up in a free form or in the form of a bank. The essence of such an appeal is disagreement with the operations performed. Additional documents will need to be submitted to support this. For example, a decision to initiate a criminal case on the fact of fraudulent transactions, if the injured client turned to the police earlier than to his bank.

By the way, unauthorized debiting of money from a bank card can also occur as a result of a technical failure. The same operation can go through twice, for example. Or the payment terminal will issue a certificate on the cancellation of the write-off according to the calculation, and the funds from the account will still “leave”. In such situations, be sure to keep checks, which are also attached to the application to the bank about disagreement with the operations performed.

Step 4. Wait for the results of the bank's consideration of the claim

By law, the bank has 30 days (calendar, non-working) to consider the client's claim. And if we are talking about international banking operations, then 60 days. However, other terms of consideration may be prescribed in the individual agreement between the bank and the client, in accordance with part 8 of article 9 of the Federal Law No. 161.

After a positive decision is made on the situation, the client's money is returned to his account - a bank card or another one specified in the corresponding application. If the claim is denied, this refusal must be motivated. In any case, the response to the client is given in writing.

Step 5. Go to court

When the client's funds are debited without his knowledge from his card through the fault of the bank, the client has the right to go to court with a claim for compensation (see paragraph 1 of article 11 and article 395 of the Civil Code of the Russian Federation, as well as paragraph 1 of article 17 of the Law of the Russian Federation No. 2300-1 dated 07.02. 1992):

losses incurred;
interest for wrongful deduction of money.

Security rules when using bank cards

Quite often, the reason for fraud with bank cards is the carelessness of the customers themselves, their neglect of the elementary rules of banking security. Then it is extremely difficult to return the money that has gone.