How to correctly write an application to the prosecutor's office for a bank sample

In what cases can you complain?

Any unlawful actions of a banking institution or its individual employee are appealed by an individual or legal entity. These unpleasant situations include:

• refusal to carry out transactions on the current account;
• unreasonable request for documents and information;
• rude attitude from representatives of the banking structure;
• deception;
• criminal acts;
• broken ATM and many others.

The main legislative acts regulating relations in this area are the Law of the Russian Federation “On the Protection of Consumer Rights” dated 02/07/1992 No. 2300-1, the Civil Code of the Russian Federation, Federal Law “On Banking Activities” dated 02/12/1990 No. 395-1.

Free HOTLINE:

Moscow time +7 (499) 938 5119

St. Petersburg +7 (812) 467 3091

Fed +8 (800) 350 8363

Refusal to carry out transactions on a current account

This situation is typical for legal entities. Most often, the bank refuses transactions on the current account if it considers the counterparty unreliable. The problem is complicated by the failure of credit institution employees to issue a written document confirming the refusal.

It is necessary to complain about illegal actions of the bank to the Central Bank. This can be done in writing by mail, but it will be faster to write an application electronically through the official website.

Rudeness from employees

Despite the commercial component of most banks and their focus on attracting customers, you may encounter inappropriate behavior from employees:

• coarseness;
• ignoring requests;
• providing false information and other actions unworthy of a bank employee.

An effective application would be to a superior or directly to the head of a credit institution. The complaint can be sent by email or submitted to the bank office.

If the facts cited in the appeal are confirmed, the bank representative will apologize and resolve other issues that gave rise to the statement. Such situations are usually resolved immediately, since the credit institution is not interested in loss of clients and bad reputation.

Deception

Such illegal actions can be expressed as providing false information or an unfulfilled promise to perform any procedures. To make an application, supporting facts are required. These include documents, email correspondence, and witness statements.

Depending on the severity of the consequences, the complaint can be sent both to the management of the banking company and to the internal affairs authorities.

Criminal Acts

If it is revealed that bank employees have committed criminal actions, it is necessary to immediately report this to the internal affairs bodies and the prosecutor's office.

Such manipulations may involve forgery of documents and seals, unauthorized disposal of funds from a current account, provision of false papers, and any other actions that infringe on material assets.

ATM not working

Any banking institution provides cash withdrawal services using special devices - ATMs. If it is not in working order, it is their oversight and an inconvenience for the customers.

IMPORTANT! The owner of the ATM and its servicing organization is the bank itself, therefore all complaints related to shortcomings in its operation are addressed to the financial institution.

You can contact your manager or technical support service.

How to make a request?

To correctly draw up a complaint against a bank to the prosecutor’s office, you can use the services of a lawyer to draw up statements, or you can find and use a ready-made sample application to the prosecutor’s office.

The header of the application indicates: to whom the application was sent, the full name and position of the person, the name of the department and address, then the full name and contact information of the applicant. It is important to indicate your contacts, as an official response to your request will be sent to this address.

Then you need to write “Application” or “Complaint” in the middle of the line , and below state the essence of the problem. In this section, you need to state the essence of your complaint against this bank or collection organization as accurately and reasonably as possible, citing as an example the evidence that you were able to find. The essence should not be expressed too expressively; it should be written in understandable language, without exaggeration.

Next, you need to indicate the laws and regulations that, in your opinion, were violated. You can cite excerpts from laws relevant to your situation. In order to correctly interpret the laws, you can consult a lawyer who will tell you which laws to rely on in your application.

Then you need to specify the requirements for the application. They are usually indicated after the heading “Please”. You can specify requirements for verifying the legality of the credit institution’s actions, the correctness of account transactions, disclosure of client personal data, etc. Be sure to write in the requirements your desire to be notified of the progress and results of the bank audit.

Then you must indicate the list of documents and evidence attached to the application. Be sure to attach a copy of your identity document, copies of agreements with the bank, and others.

At the end, indicate the date and signature of the application.

Applications to the prosecutor's office against the bank can be found below. The form was compiled by experienced lawyers, adding your data to it, you can use it to contact the prosecutor's office.

Where to complain about banks in Russia

When submitting a report of unlawful actions of a credit institution, you must adhere to the principle of brevity and justification. It makes no sense to submit an application to a higher authority if you have not applied to a subordinate structure. In any case, the letter will be redirected to her, and this will take extra time.

PLEASE NOTE! When answering the question of where to contact, it is more correct to follow the “bottom-up” sequence.

To senior management

They respond to such requests quickly and resolve problematic issues effectively. The bank's management is interested in stable operation and increasing the number of clients. In most cases, issues are resolved in favor of those who applied.

Bank branch manager

If there is no head office of the bank in the locality and there is only its representative office, then you must submit an application to the head of the branch. Depending on the seriousness of the issues specified in the application, the decision will be made either by the manager himself or sent to a higher structure for approval.

Roskomnadzor

This organization is a non-core regulatory body for the banking sector. However, in some cases it is necessary to complain to Roskomnadzor. This applies to situations of illegal use of personal data.

When forming a relationship with a credit institution, with the client’s consent, his personal data necessary for providing him with banking services is transferred. Providing such data to third parties is unacceptable.

Sometimes customer databases with contact information are transferred to other organizations. In this case, calls and mailings are likely. Such circumstances are a reason to apply to Roskomnadzor with a demand to stop violating legal rights and take action.

Rospotrebnadzor

The Office for Supervision of Consumer Rights Protection considers reports from individuals about poor quality work of banking institutions and violations on their part in the provision of services.

To contact this authority, it is enough to describe the problem in general terms and leave contact information. Rospotrebnadzor has the right to initiate unscheduled inspections and request the necessary documents for control.

If violations are confirmed, the perpetrators will be held accountable, and consumer rights will be restored.

Prosecutor's office

When contacting the prosecutor's office, it is necessary to take into account that this body exercises general supervision over the legality, and therefore can redirect the application to a specialized organization.

The text of the document is presented with references to the actions taken and the results of them, and at the end a petition is formulated. The application is sent to the prosecutor's office at the location of the banking institution.

Where to complain

Unfortunately, sometimes banking service can hardly be called indicative:

• Non-working ATMs;
• Illegal withdrawal of funds;
• Fees charged for services that should be free;
• Employees who refuse to accept important statements;
• And other.

All this leads to the indignation of citizens, which is formalized in the form of a complaint. Depending on the violation, you can complain about the bank to the following authorities:

• To the head office of the bank that committed the violation;
• To the Central Bank of Russia;
• To Rospotrebnadzor;
• To the Federal Antimonopoly Service (FAS);
• To the prosecutor's office;
• To court.

To the bank management

Many citizens are trying to resolve the issue peacefully, so they first turn directly to the management of the bank itself. You can do this as follows:

• By calling the hotline that every major bank has;
• By submitting an application to the bank in person. The applicant must have 2 copies of the document: one will remain in the bank, and on the second the receiving person puts a signature, the date of acceptance and gives it to the applicant;
• By sending by registered mail to the main office of the credit institution. The address of the central office can be found on the official website of any bank;

The period for consideration of a written request is 10-15 days.

• By submitting an application online from the official website of the bank. For example, on the Sberbank website this can be done through the feedback form. There you can also check the status of consideration of the application.

To Rospotrebnadzor

Any credit institution provides services, which means it is under the influence of the law “On the Protection of Consumer Rights”. If an organization does not comply with the norms of this law, the consumer has the right to complain about it:

• If the agreement with the bank contains provisions that violate the rights of the consumer (according to Article 16 of the PPZP Law);
• If the information about the services provided by the bank is incorrect or insufficient (according to Articles 10 and 12 of the Consumer Rights Law).

A complaint to Rospotrebnadzor can be submitted as follows:

• By making a written complaint;
• Using the form on the official website of Rospotrebnadzor.

In accordance with Article FZ-59, written requests sent to Rospotrebnadzor are considered within 30 days from the date of registration. In some cases, the period for consideration of an application is increased by 30 days, but no more. In this case, the applicant is notified by the authority of the extension of the period.

Attention

When drawing up a complaint against the actions of the bank, it is necessary to attach documents to it as evidence to support the applicant’s words.

You need to contact the Antimonopoly Service in situations where:

• The bank imposes additional services;
• The bank advertises services without providing the consumer with complete information, which misleads him;
• The bank forces the client to sign an insurance agreement when applying for a loan;
• The bank violates antimonopoly laws.

You can contact the FAS as follows:

• By sending an application to the main office at the address: Moscow, Sadovaya-Kudrinskaya, 11, D-242, GSP-3, 125993;
• Through the public reception on the official website of the FAS.

Info

The period for consideration of applications is 30 days.

To the prosecutor's office

Before contacting the prosecutor's office, you need to try to resolve the issue with the bank itself. If the conflict is not resolved, you can complain to the prosecutor's office.

The prosecutor's office works with violations of the legislation of the Russian Federation.

You can file a complaint against the bank with the prosecutor's office as follows:

• By delivering the application in person;
• Through the Internet reception of the official website of the prosecutor's office. For each region of the Russian Federation there is a separate website of the prosecutor's office. The full list can be viewed in the reception area of ​​the Prosecutor General’s Office website in the drop-down menu “Prosecutor’s offices in the constituent entities of the Russian Federation.”

Info

The period for consideration of citizens' appeals by the prosecutor's office is 30 days.

The Central Bank ensures that banks comply with banking laws and regulations of the Central Bank. Therefore, in order to complain about a credit institution to the Central Bank, the applicant must have compelling reasons, for example:

• The bank violated banking secrecy, distributed the borrower’s personal data and information about his documents;
• The bank did not comply with the conditions for opening deposits and accounts;
• The bank issued an unmotivated refusal to issue a bank card;
• The bank does not provide the client with information about services.

READ MORE: Applying for a visa to Lithuania for Russians in 2020: do you need Schengen, documents for a Lithuanian visa, application form, transit and multiple-entry visas

A complaint is submitted to the Central Bank as follows:

• By means of an electronic request when filling out a special form on the official website of the Bank of Russia;
• By letter to the head office of the Bank at the address: Moscow, Neglinnaya, 12, 107016.

Information about telephone numbers and addresses of the Bank of Russia is here.

Lawsuit

In cases where none of the above authorities sided with the client to protect his rights, the bank client must go to court.

In most cases, in matters relating to the cancellation of commissions and compensation for moral damage, judges make decisions in favor of bank clients.

You can file a claim against the bank:

• In an ordinary court;
• To the arbitration court.

An arbitration court is a non-governmental body that resolves disputes between natural and legal parties. An arbitration court differs from a regular court in that its decisions are final and cannot be appealed.

Sample and structure of a complaint

The introductory part of the complaint contains the name of the applicant, his contact details and address. In the case of a legal entity, the application is made on the organization’s letterhead.

The main part contains a sequential description of the events that the applicant considers unlawful. It is indicated how rights and legitimate interests were violated, whether financial losses were incurred and in what amount. If documents are attached to the application, a reference to them is made in the text. If there are insufficient documents, you can indicate their storage location and apply for a request on behalf of the regulatory authority.

The final part of the appeal contains a clearly formulated request from the applicant, his signature and the date of preparation. If the document is sent by a legal entity, then the seal of the organization is required. Attached papers are indicated by the total number of pages or by name.

Complaint about the actions of the bank

Bookmarked: 0

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.

Ways to file a complaint

Any of the selected submission methods must ensure that the document reaches competent persons who have the opportunity to review it.

In oral form

When contacting verbally, you need to be prepared for the fact that no action will be taken. The peculiarity of this method is the almost complete absence of evidence of its occurrence. The exception is communication with an operator by phone, subject to the conversation being recorded.

The files are stored at the credit institution and are allowed to be used as proof of application. If the result does not come in a short time, it is better to use other methods.

Through the Internet

When sending an appeal online, it is more reliable to do this through the official website of the authority to which it is sent.

ATTENTION! A sample application can be found on the website. A letter confirming the sending of the complaint will be sent to the contact email address you left. This method combines speed of filing and guaranteed delivery.

In a written form

The classic referral option is to send an application by registered mail with an inventory. This method may take some time required for delivery and delivery, but is more reliable than others.

Leave a note

Not every banking institution has a book of complaints and suggestions. The presence of such a log does not always mean that it is reviewed by senior staff, although this method allows you to quickly and without delay bring noticed problems and violations to the attention of management.

After making an entry, you must provide a contact phone number or email address if you would like to receive a response to your request.

Complaint to the prosecutor's office against bank employees

A loan agreement was concluded between the applicant and the bank. The applicant made monthly loan repayments in accordance with the schedule. Currently, the applicant is in a difficult life and financial situation, and therefore is unable to repay the debt. Based on the fact that the applicant has a difficult financial situation, she believes that the bank should have considered her application and agreed on a way to restructure the loan debt. However, a refusal was received from the bank in response to the application. The applicant requests that an investigation be carried out against bank employees regarding the illegal refusal to restructure credit debt. Bring the perpetrators to justice.

To ____________ prosecutor's office

A loan agreement dated _____________ was concluded between me, ________________________, and ________________________ (name of the bank).

In accordance with the terms of this agreement, I was provided with a loan in the amount of _________________ rubles. The loan was provided for a period of ____________________, at _______% per annum.

In fulfillment of my obligations under the loan agreement, I repaid the loan in accordance with the payment schedule monthly in the amount of ___________ rubles.

Currently, I am in a difficult life and financial situation, and therefore I am unable to repay the loan.

Now my income, compared to its level at the time of receiving the loan, has decreased significantly due to a decrease in my salary.

Moreover, my situation is complicated by the fact that I single-handedly care for my son, who is a group 2 disabled person.

I believe that, based on the fact that I had a very difficult financial situation, _______________ (name of the bank) should have, in order to resolve the situation in a civilized manner, consider my application and agree with me on a method for restructuring the credit debt. However, the bank responded to my application with a refusal.

According to Part 1 of Art. 451 of the Civil Code of the Russian Federation, a significant change in the circumstances from which the parties proceeded when concluding an agreement is the basis for its modification or termination, unless otherwise provided for by the agreement or follows from its essence.

A change in circumstances is considered significant when they have changed so much that, if the parties could have reasonably foreseen it, the contract would not have been concluded by them at all or would have been concluded on significantly different terms.

In the current circumstances, which I could not foresee when concluding the agreement, taking on credit obligations in the agreed amount is an unbearable burden and therefore, anticipating this, I would insist on concluding the agreement on the terms of a different (reduced) interest rate.

In accordance with Part 1 of Art. 450 of the Civil Code of the Russian Federation, amendment and termination of the contract are possible by agreement of the parties, unless otherwise provided by this code, other laws or the contract.

In accordance with Art. 10 of the Federal Law of January 17, 1992 N 2202-1 “On the Prosecutor’s Office of the Russian Federation,” the prosecutor’s office, in accordance with their powers, resolves statements, complaints and other appeals containing information about violations of laws.

The decision made by the prosecutor does not prevent a person from going to court to protect his rights. A decision on an appeal against a sentence, decision, determination and order of the court can only be appealed to a higher prosecutor. Applications, complaints and other requests received by the prosecutor's office are considered in the manner and within the time frame established by federal legislation.

The response to an application, complaint or other appeal must be motivated. If the application or complaint is refused, the applicant must be explained the procedure for appealing the decision, as well as the right to go to court, if provided by law. The prosecutor, in accordance with the procedure established by law, takes measures to bring to justice persons who have committed offenses.

Based on the above, guided by art. 10 of the Federal Law of January 17, 1992 N 2202-1 “On the Prosecutor’s Office of the Russian Federation”,

1. Conduct an investigation against ________________ employees regarding the illegal refusal to restructure credit debt.

2. Bring to justice those responsible for violating my rights.

3. Notify me in writing about the results of the inspection.

"______"________________ G. _____________________________________

What threatens

Current legislation provides for disciplinary, administrative and criminal liability.

Administrative and criminal liability arises only if the appropriate procedure is followed and a decision is made by the competent public authority.

It is the employer's right to impose disciplinary punishment. If the facts specified in the complaint are confirmed, the employee of the credit institution may be subject to disciplinary action. Depending on the seriousness of the offense, the punishment may be a warning, reprimand or dismissal.

The essence and features of the complaint against the actions of the bank

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.

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.

Contact Roskomnadzor

Citizens usually come here with more specific problems in their relationship with the bank. They relate to the unlawful transfer by the bank of personal information about the client to third parties.

These can be not only collectors who, having found out the phone number and home address of the borrower, begin to pester him. There are well-known cases when the personal data of citizens was transferred by the bank to other similar companies, after which the clients of the unscrupulous institution were bombarded with calls and SMS with advertising offers.

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.

• 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.

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.

Question answer

If for some reason a person is denied a solution to a certain issue at the department, there is always the opportunity to call the hotline. The opportunity to file a complaint against Sberbank is provided to both individuals and legal entities. After all, Sberbank serves a wide variety of client categories and provides all types of banking services. For example, I didn’t like how they handled my application, that is, there was no reaction, then I write a complaint to senior management or to the Moscow prosecutor’s office. They will figure it out quickly and the backlash effect will not take long to arrive. To find out how to write an application to the prosecutor's office, the sample below will help you. If necessary, provide photocopies of documents, this will help speed up the process of considering your case.

The work of the special group of the Prosecutor General's Office of the Russian Federation in Saransk brought the first department for investigating particularly important cases of the Investigative Committee of the Russian Federation for the Republic of Moldova. In the first days of work, inspectors visited the offices of Lamzur and Aktiv Bank. This is spamReport.

More than 15 years of experience in finance. Date: April 26 Reading time 8 min. Powers and responsibilities of the prosecutor. Grounds for filing a complaint against the prosecutor.

Application procedure

To contact the prosecutor's office with a complaint against the bank, you will need not only an application, but evidence and documents confirming what is written in the application. Therefore, before writing an application, you need to think carefully about what you will include in it and what documents you can attach. It is also worth noting that the form of the complaint is not as important as the content of the description of the problem in it. Everything must be written in official language, without the use of obscene language and with facts.

You can file a complaint with the prosecutor's office yourself, or by sending it by registered mail with acknowledgment of receipt. The application is submitted in two copies, with a signature indicating receipt and the registration number of the application placed on them. One copy will remain in the prosecutor's office, the other is with you. You can also send a copy of the complaint to the bank to familiarize yourself with your intentions.

Typically, the application at the prosecutor's office is considered within 15 days, if additional checks are required - 30 days.