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Almost all adult citizens of the Russian Federation deal with banks. It’s not even a matter of whether a person is able to work or not, because even if declared incapacitated, the citizen continues to receive social benefits or make financial transactions through the bank. These things have become very easy to obtain. Today, the question of whether to take a loan or not can be resolved in a fairly short time. Others are quicker to decide to make certain deposits at interest, if, of course, they have something to put down. The absolute majority of people connected with banks in one way or another are ordinary citizens who receive wages on a plastic card from one of the Russian banks.
The essence and features of the complaint against the actions of the bank
Due to its popularity and general availability, it is difficult to calculate how many financial transactions occur throughout the day between different banking and financial organizations.
However, all of them taken together cannot absolutely and completely satisfy the legal rights of each individual citizen. Often such things happen not through the fault of the financial organization, but through the fault of the same individual citizens. Still, there is no perfection anywhere, so mistakes by bank employees, and in some cases, deliberate abuse of legal authority, lead to conflict situations. If we talk about what problems especially often lead to financial conflicts, the first place is occupied by issues related to the untimely repayment of assumed financial obligations. The fault of financial organizations in all this is often only indirect, but rather even psychological. Over the years, financial structures have evolved based on human nature. So, for example, if an ordinary citizen applies to any banking institution or credit society, the latter, using the psychology of influence, try to impose their own conditions, often beneficial to themselves. Sometimes citizens are not even aware of the numerous pitfalls when they sign an agreement to use additional services. And sometimes such a signature is made from a feeling of hopelessness of the situation. Some people naturally think that they will not get what they want if they stand their ground. Therefore, in the end, when it comes to a conflict situation, the financial organization, having authority and control of the situation, remains innocent. And the reason in this case is not the violation of the law by the organization itself, but the voluntary consent to certain meaningless conditions of the citizen himself.
Yet, often, financial structures themselves intentionally or indirectly violate the norms of current legislation. And, having such information, citizens have every right to file their complaints in order to establish justice or achieve benefits for themselves, acting within the powers allocated by law. The main addressee of the complaint is the organization Rospotrebnadzor. You can resort to the services of this company when the bank makes attempts to make adjustments to an already executed agreement with a client. Also, the basis for contacting Rospotrebnadzor is the bank’s statement of refusal to take part in the trial at the client’s place of permanent residence. In certain cases, the bank’s fault lies in an unexpected increase in the interest rate on an already taken loan for the client.
Another structure designed to provide assistance, provide legal protection and provide the necessary guidance to citizens involved in financial fraud is the Federal Antimonopoly Service (FAS). Its services should be used when a citizen feels under enormous pressure to take out a certain type of insurance or when a bank deliberately lures customers by resorting to deceptive actions, including advertising that does not live up to expectations.
Another government organization that promotes order and compliance with the law by various financial enterprises is the Central Bank of the Russian Federation. If any violations are detected on the part of the bank or if bank employees, without explanation, deliberately hide from their clients the documentary information they need on the provision of certain services, then this is the work of the Central Bank.
However, there are also unofficial persons who clearly act in the interests of various financial and credit structures. This is true
called collectors. Their goal is to, with the help of psychological and sometimes even physical and emotional influence, convince the citizen to agree to conditions that are clearly unfavorable for himself, or to repay the loan in a very short time, which was not stated in the loan agreement. When the deadline for repaying the loan has already passed, but the bank or credit institution realizes that the client is not going to take any action, the collectors’ hands are completely untied, but the fight against them is already within the competence of law enforcement agencies. But more often than not, the client remains right, and the intimidation does not result in any action. Therefore, the best thing you can do in such a situation is to keep your cool and stand on your own.
Complaints can be submitted directly to the hotline of the banking organization itself. The bank's reputation in the eyes of customers is very important, so the insensitive behavior of bank employees will definitely be taken into account by management. And the punishment in this case will fully correspond to the violation. If the employee’s guilt is proven or his behavior has been in doubt for some time, he may lose a significant part of his salary in the form of a bonus, and in exceptional cases even be fired.
To successfully implement this issue, a citizen needs to immediately record an unpleasant conversation with an employee and, when calling the hotline, mention the availability of such a recording. In this case, you should also remember the last name, first name, patronymic and position of the employee against whom the complaint is being filed.
How to complain about a bank?
Very often situations arise with intimidation of a bank debtor at any time of the day by various illegal methods. You should not tolerate such manifestations of inappropriate behavior by bank employees or collectors. What to do in such a situation?
How to file a complaint against a bank.
First you need to call the bank hotline and complain about employees who allowed themselves to treat a client in such a way. Banks do not welcome inappropriate behavior of their employees and administrative measures may be applied to them in the form of deprivation of bonuses or other incentives, including dismissal.
The borrower needs:
- go to the bank’s website and find its hotline number or ask for it at the nearest bank branch;
- when communicating with a bank employee, you need to find out his last name, first name and patronymic;
- if possible, record the conversation on your phone's voice recorder;
- call the bank's hotline and calmly state your complaints.
When calling the bank's hotline, you must inform that a recording of conversations with the bank employee was made, confirming his unlawful actions, and the bank client can provide it. In most cases, subsequent communication with a bank employee will take place within the legal framework.
Complaint against the actions of the bank or its employees to the prosecutor's office
The prosecutor's office has its own hierarchy, divided into several divisions in accordance with the principle of accountability. So we can list the following divisions: republican, regional, regional and Prosecutor General's Office. The best outcome for a citizen, of course, would be to resolve the issue in the final instance, but the Prosecutor General's Office usually considers cases of exceptional importance.
A complaint against the bank’s actions can be submitted for consideration by the prosecutor’s office only on the basis of an actual violation or crime. Often, such violations occur due to untimely repayment of financial obligations on the part of the citizen. Then the bank may resort to extreme measures, for example: damage to property, direct threats or through relatives. Such things amount to violations of the criminal code of the Russian Federation and deserve attention from law enforcement agencies.
When filing a complaint, the bank client must substantiate his statement by providing facts and evidence of illegal actions on the part of the bank. Among other things, this could be a recording of a telephone conversation or personal meeting, information about incoming calls or text messages. Otherwise, without factual evidence, consideration of the issue will be refused.
How to complain about a bank to the prosecutor's office?
You can write a complaint to the prosecutor's office in case of violation of the Criminal Code of the Russian Federation with direct threats to the life and health of the debtor, relatives, or when physical force is used. In order for the complaint to be considered as quickly and efficiently as possible, you need to contact the prosecutor general’s office, and not the republican, regional or regional one. In order not to be unfounded, you need to record negotiations, videotape and provide any materials that can prove the illegality of the actions of employees of a banking institution. You also need to take a printout of telephone conversations indicating the time the calls were received, show saved SMS correspondence with a bank employee, or provide the prosecutor's office with letters sent by e-mail containing threats or elements of blackmail.
If evidence of illegal actions is not presented, the case will not proceed and the prosecutor's office will refuse further proceedings against the bank.
To contact the prosecutor's office and complain about the bank, you need to write the application correctly. The complaint form is simple; you must write it in any form.
It must be submitted on one sheet of paper, with a description of the essence of the case and a precise indication of the persons against whom the complaint is being written to the prosecutor's office. You need to write it to the prosecutor's office at your place of residence. If the application must be considered by another department, a response will be sent indicating where to go with this complaint.
Filing a complaint with Rospotrebnadzor, the Central Bank and the FAS
Rospotrebnadzor is the most popular and most active structure in resolving such issues related to
illegal or illegal actions of a banking organization. The responsibilities of Rospotrebnadzor employees include the recalculation of interest payments of a banking client, as well as direct presence in the courtroom during the hearing of the stated case. But the most important thing is that Rospotrebnadzor has the authority to put pressure on a banking or credit organization in order to restore justice and prevent further unlawful actions. If a complaint against the bank’s actions is filed on behalf of an entire team, then the question of revoking the license or imposing large penalties may well arise. The search for like-minded people to file a collective complaint is available on special forums.
The Central Bank or the Bank of Russia acts more as a supervisory authority over all banks licensed to operate within the Russian Federation. This same structure is the main source of legislative activity in the field of banking records management. Therefore, if any violations are detected directly related to the bank’s activities itself, you need to file a complaint with the Central Bank. Among other things, this may be the relentless imposition of certain types of services that cannot be categorized as mandatory. But in order to competently draw up a complaint, taking into account all the nuances, it is necessary to consult with a lawyer, and maybe draw up a complaint together with him. Then you can be more confident of a positive outcome, and also that the complaint will be taken seriously.
The last structure accessible to ordinary citizens is the Federal Antimonopoly Service. You can turn to the services of this structure if the bank is playing a dishonest game by attracting customers with incredibly low loan interest rates, but in reality imposes large costs on the client, explaining this by technical reasons or additional fees. However, they are discussed only when the client begins to suspect something is wrong. This is clear speculation.
Thus, the legislation of the Russian Federation provides for a number of organizational structures that are designed to provide citizens with protection in the event of conflict situations with banks or credit companies. These same structures can provide the necessary advice and, if necessary, can exert legal influence on financial enterprises if a violation is identified and proven.
How to file a complaint against a bank with the prosecutor's office, sample complaint?
Almost all adult Russian citizens today have to have some kind of relationship with banking institutions. This is receiving loans, salaries on plastic cards, making deposits, etc. Therefore, there are cases when clients enter into conflict situations with bank employees who have imposed unnecessary additional services on the client, unfavorable loan conditions, are intimidated due to non-repayment of the loan or use illegal methods impact on bank borrowers. Where can I complain about the bank, and how to act in the event of a conflict situation that arises between the client and the bank?
What funds are not subject to seizure
In accordance with the federal law “On Enforcement Proceedings,” the bailiff has the right to seize the money in the account with subsequent write-off to repay the debtor’s debts. In this case, the account itself is not blocked.
Funds in the debtor's accounts, including salary and credit, are subject to seizure and write-off.
However, federal legislation provides for a list of a citizen’s financial assets that cannot be foreclosed on (Article 101 of Federal Law No. 229-FZ), namely:
- Compensation payments for damage caused to the life and health of a citizen;
- Survivor's pensions;
- Alimony payments;
- Insurance payments;
- Amounts of maternity capital;
- Social benefits for children;
- Other payments.
The bailiff seizes all accounts the debtor has. At the same time, the bank does not notify about the purpose of funds received for each of them. Consequently, the burden of proving the illegality of writing off certain amounts falls on the shoulders of the debtor himself.
If a similar situation has already occurred, it is important to carefully prepare to protect your rights and interests.
Watch the video. Appealing the actions of bailiffs:
