Can banks write off the money from the client's account without his consent?

Reason of debiting funds from the account defined in article 854 of the civil code – except for orders of the customer, debiting funds held in the account, allowed by a court decision and in cases established by law or stipulated in the contract between the Bank and the client.

If a citizen has a debt on the loan to the Bank and it was debited money from the payroll card, you should look into a loan agreement and see what it says. Most likely it contains a paragraph on direct debit of funds from any account of the customer on account of the debt on the loan. This provision turns on hard banks in the credit contract, despite the fact that it is contrary to the Situation of the CBR dated August 31, 1998 N 54-P "About an order of granting (placing) by the credit organizations of cash and their return (repayment)" in accordance with paragraph 3.1 of which is to withdraw funds from the borrower must be in writing.

The CPS has repeatedly brought to administrative responsibility of banks for inclusion in credit agreements of this item, infringe the rights of the consumer. The position of Arbitration court on this same issue. "Direct debiting of funds from customer accounts to repay debt under the credit agreement are allowed only to legal entities. direct debiting of funds from the accounts of borrowers - physical persons are not allowed", - the decision of the Arbitration court of Tver region on the complaint of a commercial Bank about challenging the regulations of the Federal service for supervision of consumer rights protection and human well-being.

If funds are debited in the absence of grounds provided for by article 854 of the civil code, the Bank's actions can be appealed judicially by filing claim statement on the rules of art 131-132 code of civil procedure of the Russian Federation.

Before going to court should submit a claim to the Bank with the requirement to recover the cash in the account. Filing a claim will enable a court to recover from the Bank, except monetary funds and interest for their use, and also compensation of moral harm and the penalty in favor of the consumer in the amount of 50% of the awarded amounts.

For debt collection the Bank shall apply to court with application for issuance of a writ or statement of claim about debt recovery on the loan. When contacting banks often require the court to impose a lien on the property in the amount of the debt, which is carried out on the basis of a court subject to immediate execution. Seizure of account funds does not allow them to dispose of, but does not lead to their cancellation, as the purpose of arrest is to ensure the future recovery.

The funds are debited from the account is possible only by a court decision entered into legal force or on the basis of a writ issued by the plaintiff, as in this case, initiated enforcement proceedings. In its framework, the bailiff may issue a decree to foreclose on the funds in the debtor's account. The judgment debtor may appeal to the senior bailiff of the district court under article 441 of the CPC of the Russian Federation.

In accordance with article 9 of the Federal law "About national payment system the Bank is obliged to inform the client about every transaction using electronic means of payment by sending the client a corresponding notice in the manner prescribed by the contract with the client. Usually the informing takes place via SMS or email.

To know on what grounds the funds were debited from the account, the citizen may contact the Bank with the corresponding statement. Banks are required to provide this information by virtue of Art. 10 of the RF Law "On Protection of consumers' rights.

The bailiffs, in turn, must also inform the debtor that against him initiated enforcement proceedings. However, often this information to the recipient does not reach, because the debtor does not reside at the place of official registration, or notification sent police officers to the wrong address. However, to check your debts you can always online in the data Bank Executive productions on the website of the Federal bailiff service.

229 Federal law "On enforcement proceedings" (article 101) establishes the types of income which cannot be recovered. This list includes, for example, child benefits. Can not be charged also funds paid in child support, maternity capital, etc. the Full list can be found in the law.

However, it often happens that the funds are debited from the account, which transferred these funds. The fact that the bailiffs paying a penalty on a Bank account does not always know what the means to it are listed. Therefore, if the write-off was related to the income which cannot be recovered, we suggest to contact the bailiffs to cancel it. To appeal the charges in court.