The bank won the court on the loan - what next? How to challenge a court decision on a loan How to be and what to do, having a subpoena for non-payment of a loan.

Credit organizations provide financial services to the population, therefore all clients are subject to the Law "On Protection of Consumer Rights" and others that establish the rules for servicing and rendering services. Conflict situations occur when the bank violates the rights and interests of its client. Knowing where to complain about the bank, all violations can be stopped.

There are enough institutions exercising control and supervision in the banking sector in Russia. The choice depends on the situation and the result that the client wants to get.

The leadership credit institution it is permissible to send requests to situations that are not critical. For example, a complaint against an employee who has committed rudeness, unprofessionalism or rude attitude towards the client. You should not sort things out with the administrator - you should immediately complain to the head of the department or to the head office.

All banks provide a feedback form, when the client sends a message by filling out the form on the website. Other communication methods:

• a hotline telephone or a dedicated number for collecting data on the quality of service;
• in person during the reception hours to the head or his secretary;
• by a valuable letter with a list of attachments or by courier.

Rospotrebnadzor

When choosing where to complain about the bank, it is worth remembering Rospotrebnadzor. This body accepts applications in electronic form. Complaints and other letters are sent on the official website through the section “citizens' appeals”. Possible topics include “poor quality services” provided by credit institutions. For sending, identification through the ESIA (portal of public services) is required, if verification is required.

Rospotrebnadzor is the most popular organization that people turn to for the protection of consumer rights in banking.

central bank

The Bank of Russia controls all credit institutions operating in the country. You can write a complaint against a bank only if it has violated the legislation in force in the banking sector. In the event of an individual dispute between a client and a bank, the Central Bank is useless. If there are many complaints, they will be collected and obliged to eliminate violations.

In each constituent entity, the Bank of Russia represents a regional administration. This is where you should be directed. You can send it through the website, using the Internet reception, or send a letter by mail.

Association of Russian Banks

This organization is engaged in the settlement of disputes between the bank and its client. To do this, ARB applies to a credit organization and finds a compromise that is convenient for all parties to the conflict. Therefore, it is recommended to apply there when the dispute is not of a fundamental nature and the task is to resolve the conflict, and not to punish the bank. Therefore, a complaint about the bank's actions sent to the ARB will not bring the proper result.

Antimonopoly Service

The department can file a complaint against the bank related to violation of competition and advertising rules. For example, to the client, information materials are false or incomplete, misleading information in them.

Roskomnadzor

Deals with the protection of personal data. A complaint against a bank that transferred information about him and his debts without the knowledge of the debtor is sent to Roskomnadzor. An exception is written consent to the transfer of this information. An example of a violation is calls from the bank to work with notification of the presence of debt.

Prosecutor's office

The main body overseeing the observance of the rule of law in the Russian Federation. The prosecutor's office can be considered the last pre-trial instance. Complaints about unlawful actions of credit organizations are accepted through the website, by mail, in person, through the mailbox.

Court

Bank clients go to court with such problems: overpayment, compensation for damage, disputes arising from loan agreements, other actions related to the bank's failure to fulfill its obligations to the client. Only the court can force the bank to pay the client money, and on the basis of its decision - bailiffs.

Purposes of writing a complaint

The purpose of writing a complaint is not always limited to protecting the right, but more often to punishing the bank. A complaint is worth writing when:

1. I would like to punish employees who admit unprofessional attitude towards the performance of their duties. It is not only about mistakes, but also about communication with the client;
2. desire to influence the decision made by the bank. Supervisory authorities are involved in the problem, and the credit institution is under supervision;
3. formation of the evidence base necessary for going to court. It may include responses to claims and complaints.

Compilation rules

The appeal is always made in writing. Some banks have developed unified forms - they can be found on their official websites. If the complaint is drawn up independently, it will not be refused.

It is recommended to state the problem concisely, but in detail, without missing important details related to the case. The header contains the contact details of the person who filed the complaint, and in the text itself, the preferred method of contacting and sending a response to the letter.

A complaint can be sent via the Internet using the official website or a dedicated address for requests. Email, by courier, by regular mail. If the applicant submits his request himself, it is recommended to take another copy and put a note of delivery on it with the date and signature of the employee and the incoming number.

Recently, this issue worries every able-bodied person who decides on consumer, mortgage and car loans.

But is the forced collection process as scary as the debt officers present it to us? The law is more often on the side of a decent payer. Actions related to litigation are described below.

How is debt collection carried out on a loan

For an individual who has violated obligations under an agreement with a bank or organization, an approximate plan for the development of events is waiting:

1. Systematic phone calls from bank employees.
2. Letters in electronic form demanding that the debt (debts) be repaid ahead of schedule.
3. Legal proceedings, the basis of which is precisely loan agreement.
4. Arrest and inventory of personal property by bailiffs.
5. Payroll deductions. According to the law, up to 50% can be forcibly deducted from the official salary ("net salary").

How to be and what to do, having a subpoena for non-payment of a loan

To say: “Don't panic and hope for the best” means just laughing at the person ... First of all, you need find out the exact date and time of the trial.

In no case should you contact the bank when receiving a summons, pay debts in full, as well as dubious, sometimes inadequate fines.

The lawsuit, alas, can no longer be avoided, but trying to challenge part of the debt, interest or fines is the most important thing. The fact is that a credit institution collects a whole list from an individual.

Here's a rough list:

1. The main debt or its remainder.
2. A certain amount for use, called interest.
3. A fine in the form of an inflated interest for delinquency for both the principal and overdue debt.
4. Forfeit or fine for the entire debt.

You cannot skip a meeting, even if its result is clear in advance. Of course, the courts recognize most of the banks' claims, but it is imperative to participate.

How to win a lawsuit over a bank loan

The probability that the judge will cancel all debt obligations to the credit institution is zero. So what is meant by winning court case? We are talking about the abolition of an unfair fine and inflated percentages. The main debt will have to be paid at least somehow.

In practice, the debtor before his contract comes to judicial trial"Overgrows" with new amounts, interest and fines. It is very possible that they will add the same amount in addition to the loan, breaking it down into previously obscure fines and an inflated interest. It is for this that they sum up: either a win or a loss.

In no case should you remain silent, because it is easier for everyone except you or your organization.

Advice! If you are not confident in your abilities, then you should contact a loan attorney. A professional considers similar cases in theory and practice on a daily basis. The lawyer will give a sober assessment of the situation.

To achieve a result from the court session, one should also:

1. Prepare in advance documents confirming the objective reasons for the delay. Every minute people lose their jobs, seasonally go to the army, unexpectedly sent for treatment. Anything that can be confirmed by a legal document will be counted. For example, a statement from the accounting department about the reduction in the official salary will be useful in the process.
2. Statement about. For a decent, good client, there is always an alternative approach. If there is no money for the promised monthly installment, then they offer debt restructuring from the very beginning. The main thing is to have confirmation on paper that the person tried not to aggravate, but he was refused. This document will also help in the trial.
3. ... It's about helping a third-party credit institution. Responsible, non-conflict borrowers always go the easy way, calling for help from other banks. But the court will not be positively affected if you organize the appearance of refinancing or restructuring. Judges deal with similar methods on a daily basis and, of course, immediately determine the further behavior of the debtor.

Winning the process, or at least getting rid of some of the unfair interest, can only be done by sorting out the root cause of the debt. What "let you down" in front of the bank and is an argument in court, the main thing is the submission, as well as the availability of correct documents and the absence of malicious intent.

How to challenge a court decision on a loan agreement

You can appeal against a court decision if:

1. The process did not take place at the place of your registration.
2. There was no notification of the exact date of the trial.
3. The result of the court decision was determined without your presence, but there was no time for the court for a good reason (treatment, business trip, hospitalization, etc.).
4. Illegal requirements of the bank.
5. A mistake by a judge or judicial commission.

This list is rather narrow from the side of jurisprudence, it must be confirmed, justified on an individual basis.

A re-hearing or an appeal against the first act is not an individual whim, but a legal right of a citizen. The cost of fees for challenging a court decision is as follows:

1. Complaint (appeal or cassation) - 100 rubles.
2. Supervisory complaint - 200 rubles.
3. Application for cancellation of the decision of the arbitral tribunal -1500r.

To challenge, you need to focus on the following:

• the correctness of the final calculation of the debt;
• whether a commission was charged from you in the process of payments or issuance of funds;
• the value of your property from the point of view of the bank;
• penalty, presented with the statement of claim;

The most frequent proceedings are due to a forfeit. Moreover, banks willingly reduce the amount by several times, because the representative of the credit institution declares in 9 cases out of 10 an unlawfully overstated amount of interest on interest.

Since 2010, borrowers have been prohibited from using compound interest on a loan in contracts, their use in the direct and indirect sense is excluded.

Also, for a delay in a mortgage payment, the bank does not have the right to demand early repayment in court if the payer has suffered a decrease in wages or dismissal.

What to do, if…

Notification not received by the debtor

According to the law, decisions cannot be made without confirmation of the delivery of the summons. It happens that the defendant does not notice the summons. The addressee is often simply absent from the place of registration for a long time. It is in this case that the decision of the court with the bank will not be valid.

The man missed the trial, and the meeting passed without him

In practice, this situation is called correspondence. The court takes place only if the subpoena is accepted. And the defendant has indeed been informed, but is not going to attend. Such an attitude, of course, is understandable, but if there is even a small part of doubts about the honesty of a credit institution, then the correspondence option for the defendant is predetermined in advance.

If suddenly the meeting in absentia took place without the knowledge of the defendant, then this changes the situation. It is imperative to appeal the outcome in court. And you need to act very quickly, meet in 9 working days... As a rule, the first court is a formal meeting of the two parties, where the bank representatives and the debtor discuss further actions.

There is no physical opportunity to go to court in the allotted time

There are people around, so you can ask for a postponement in advance and politely. But a valid reason is needed, for example, illness, death of a loved one, temporary incapacity of the defendant, and so on.

No money for a lawyer

But there is time for free consultations, study of codes and articles on the Internet. Representatives or assistants in court, namely their presence, is not a mandatory process when it comes to overdue consumer loans. Professional support in a simple matter is not needed, if only because it is not beneficial to anyone.

On the other hand, since the beginning of 2015, amendments have been made to the Federal legislation, where the private.

This action is called “personal bankruptcy”. The term is determined by the criteria: debt is more than 500 thousand rubles, delay is more than 3 years. You can declare bankruptcy on your own, while the court officially declares bankrupt.

It is at this stage that individuals and legal entities can hire a professional lawyer or attorney. “Profitable” bankruptcy is possible because each debt situation is different.

Lawyers for a certain amount of money (from 10 thousand rubles) will draw up the necessary package of documents in order to present the debtor as a decent borrower.

The representative goes to the court.

You can send a representative to a meeting only with a notarized power of attorney. Moreover, if the defendant doubts his own abilities, it is better to spend money on a lawyer, because lawyers in civil affairs no. Article 48 and 49. Code of Civil Procedure of the Russian Federation.

Summarizing

If the court is on your side, and fines are excluded, then the main debt cannot be canceled in any way. Everyone will have to pay what they promised. Also, in a judicial proceeding, it is impossible to oblige a credit organization to revise the terms of the agreement.

If the court won the pot?

In the video below, lawyer Sergei Panasyuk tells what to do if the bank won the court.

Appeal (dispute) a court decision on a loan- the right of the party that lost the process in case of disagreement with the position of the court in whole or in part. Typically, this party is the debtor borrower.

Unfortunately, in credit relations and legislation, and arbitrage practice- on the side of banks, at least for key requirements. And the main violator of the terms of the loan agreement is almost always the borrower, who stops payments on the loan, makes serious delays or refuses to pay off his obligations altogether. Despite the fact that usually such behavior of the debtor has weighty reasons (loss of job, decrease in income, difficult family situation, etc.), this does not give grounds for exemption from the obligation to make payments on the loan in a timely manner and in full.

The insolvency of the borrower is the main reason for banks to go to court. Accordingly, the main category of court cases is the consideration of applications for the issuance of a court order or claims for debt collection.

Most often, borrowers will appeal against:

1. Decisions of the courts of first instance on bank claims. The reason for the appeal is usually the satisfaction by the court of all the claims declared by the bank, including the principal debt, interest on the loan and forfeit. Borrowers, in turn, try to reduce the amount to be collected by means of an appeal, usually by reducing the amount of the forfeit.
2. The decision of the magistrate to issue a court order. In this case it comes to cancel the order, which is the unconditional right of the borrower.
3. The decision of the court of first instance in absentia, rendered following the results of the consideration of the case without the participation of the defendant. Such a decision, like an order, can be canceled, and if it does not work out or the time limit has passed, it can be appealed.

General Provisions on Appealing Judgments

Appealing against court decisions on a loan is no different from similar actions in other disputes and cases. The order is uniform. Depending on the situation, it will be necessary to file an appeal or cassation complaint.

Features of the procedures:

1. An appeal is filed against a decision that has not entered into legal force, a cassation appeal - against an already valid decision and a court order, but subject to the deadline for cassation - 6 months from the date of entry into force of the court decision. In addition, in cassation, you can appeal against the decision taken by the appellate instance.
2. The appeal (second) instance and the cassation (third) instance are higher instances in relation to the court whose decision is being contested.
3. Filing an appeal suspends the effective date of the decision.
4. The appeal requires adherence to the deadline for this procedure. A month is given for an appeal, and six months for a cassation. But you should consider:

• court decisions made in a simplified manner (the cost of the claim is up to 100 thousand rubles and claims based on documents confirming the debt under the contract) come into force after 15 days, which means that it will be necessary to meet this deadline, otherwise - only cassation;
• Decisions in absentia (consideration of the claim was carried out without the defendant) can be (1) canceled within 7 days from the date of delivery of a copy to the defendant, or (2) an appeal can be filed within one month from the date of expiry of the period for canceling the decision or from the date of the decision to refuse to cancel.

How to prepare and file an appeal

Appeal- first instance for appeal. A complaint is filed with district courts against decisions of justices of the peace, with courts of constituent entities of the Russian Federation - against decisions of district courts, etc. The appeal can be drawn up in free form, subject to the basic procedural requirements for the content:

• name of the court;
• details of the person filing the complaint;
• information about the contested decision;
• the applicant's claims (they cannot go beyond the requirements that were previously stated when considering the case on the merits);
• the grounds on which the applicant decided to appeal judgment and considers it wrong;
• evidence of the existence of grounds for appeal and the need to satisfy the complaint (you cannot refer to evidence that was not presented and examined by the court earlier, or you must convincingly argue your impossibility to present such additional evidence during the trial);
• list of documents-attachments.

The complaint and the package of documents-attachments are prepared in several copies according to the number of participants in the process. All documents must be sent to the court that made the contested decision.

Appealing (reviewing) decisions by way of cassation

The possibility of a cassation appeal is addressed in cases where the decision has already entered into force, or it is required to appeal the decision taken during the initial, appeal, consideration of the complaint.

• data of all other persons participating in the process;
• information about all courts that previously considered the case, including when appealing against decisions made;
• information about the violations of legal norms committed, in the applicant's opinion, that influenced the decision in the case, with confirmation of such violations.

The complaint is sent directly to the court of the cassation instance, therefore copies of all earlier decisions on the case must be attached to it. If necessary, simultaneously with the filing of the complaint or in its text, a petition may be made to suspend the action of the contested decision.

Unlike an appeal, in cassation the case and the decision are reviewed. This means that a well-founded complaint is the basis for a repeated trial, which will be carried out in a court of cassation. There is a greater chance of achieving the desired result than on appeal. But the problem is that not all complaints are recognized as justified, which blocks the trial.

Reasoned, legally sound complaints are difficult to draft on your own. It is not enough here to give arguments about the unfairness of the court decision - it is necessary to prove that it violates specific legal regulations or taken unreasonably. To be effective, the preparation of complaints should be handled by lawyers. Or, at the very least, show them your self-written complaints.

Recently, consideration of legal disputes on claims of banks against their debtors has been one of the most common categories of civil cases. Many citizens do not know how and do not want to live within their means, take loans without calculating in advance whether they have enough financial capacity to pay off them. There are citizens who seem to have calculated everything, but did not foresee that they would be suddenly fired from their jobs, or they would be drastically demoted. wages, or that they will end up in the hospital for a long time as a result of illness or accident. There are not very attentive citizens who forget the date of the next payment, as a result of which their debt to the bank grows due to the accrual of penalties.

Banks and other credit institutions, issuing consumer loans to citizens, rely on the conscientiousness of the borrowers, that is, on the timely return of the funds received by them. But the number of those who do not refuse to pay, but do not pay, is increasing every day. Each defaulter has its own reasons, reasons and explanations for their behavior. Yes, every person has extraordinary circumstances, but at the same time, conscientious citizens turn to their creditors, who almost always go to meet such people, providing either credit holidays or debt restructuring, thereby reducing the borrower's credit burden.

But no less part of the debtors are citizens who simply avoid communicating with representatives of the credit departments of banks, do not respond either to phone calls or to written claims. And then the bank goes to court demanding early repayment of the loan.

When considering cases of this category, the courts are primarily guided by the fact that obligations must be fulfilled.

Important! That is, count on a decrease in the amount of debt hard-core debtors there is no need to count, especially if they shy away from appearing in court.

Having received a court decision, the debtor rarely agrees with it, and is almost always ready to appeal it to a higher authority. One of the unconditional grounds for canceling a court decision is consideration of a case in the absence of evidence in the case file of proper notification of the defendant to the debtor. But the joy of canceling the decision does not last long, since the court of appeal makes its decision in the case, which, as a rule, the bank's claim satisfies in the same volume as the court considering the case at first instance.

The same short-lived joy awaits the debtor in the case when the bank is issued a court order issued by the court at his request. At the objection of the debtor, the court is obliged to cancel the court order. This is where the moral satisfaction of the debtor ends, because the bank addresses its claims in the course of action proceedings. At the same time, the amount of the state duty collected upon satisfaction of the claim from the defendant (debtor) is doubled, because in the case of ordered proceedings, the duty is paid by the bank in the amount of 50% of the duty that the plaintiff bank must pay when filing a claim.

It is not very easy to dispute the decision regarding the accrued amount... The amount of the principal debt usually does not raise questions, as well as the amount of the accrued contractual interest for the use of borrowed funds. The main battleground is the amount of penalties accrued: interest (forfeit) for late execution of a monetary obligation.

In this part, you can fight for their reduction (and significant reduction)... The fact is that the legislator gives the court the right to reduce the amount of these very fines, but only if the following conditions are present simultaneously:

1. the delay in performance was caused by valid reasons related to the personality of the debtor (his serious illness, for example, or the objective impossibility of quick employment in the event of an unexpected dismissal);
2. the forfeit to be collected is clearly disproportionate to the consequences of the breach of the obligation (for example, the amount of the forfeit significantly exceeds the amount of the principal debt).

All of the above indicates that if a citizen has already become a debtor to the bank, then one should be a conscientious debtor. Timely fulfillment of obligations will save money, time and nerves. And if the case has come to court, then you should also weigh the pros and cons: appeal against the court's decision to collect the debt or execute it.

ATTENTION! Due to the latest changes in legislation, the information in the article could be out of date! Our lawyer will advise you free of charge - write in the form below.

Legal regulation banking in Russia it is carried out by the Constitution, the Law "On Banks and Banking Activities" and "On the Central Bank of the Russian Federation", as well as other regulatory legal acts.

For violation of the law, financial and credit organizations can be brought to various types of liability - from disciplinary to criminal. For example, according to article 15.26 of the Code of administrative offenses if a credit institution violates the standards established by the Central Bank, it will receive a warning or a fine.

If the bank and its representatives, by their actions or inaction, violate the material rights of a citizen or any regulated procedure, then this citizen has the right to seek protection in court. But first, you usually need to go through a claim proceeding.

Simply put, you shouldn't rush to court right away. First, try filing a complaint with the bank. In the vast majority of cases, this is enough to solve the problem. We will show you how and where to complain.

We make a complaint competently

In this case, there is no unified form of the document. Claims can be stated arbitrarily: if you place the details not on the right, but on the left, or instead of the word “complaint” you write “statement”, this will not be a mistake. However, it is best to be guided by the general requirements for written statements.

• Cap... In the upper right corner, you must indicate who the complaint comes from (your personal data, including address and contact phone number) and to whom the complaint is addressed. If you do not know the name of the official you are looking for, write simply “<наименование финансово-кредитной организации>».
• Heading... Write the word “complaint” in large letters in the middle of the line.
• Factual circumstances of the case... State what rights, in your opinion, have been violated, by what actions or inaction of the bank. Give your arguments. Describe when, what time and under what circumstances the incident occurred, or when you identified the fact of the offense. Is it anyone in particular to blame for what happened? If yes, please include the last name and first name of this subject.
• Applications... Back up your outrage with written evidence. Attach to the complaint a copy of the loan agreement, a receipt for payment of a particular service, an account statement, and so on.
• Requirements... Formulate what specific decision you expect on your complaint: "I ask to eliminate the consequences ...", "give a legal assessment ...", "punish the guilty ..." and so on.
• Date and signature... Do not forget to indicate when the complaint was made and also endorse it.

When filing a complaint, do not curse and scold. Superfluous epithets and details only complicate understanding, therefore, delay the proceedings.

Stick to the rule: less emotion, more facts.

Any more or less large credit institution has a complaints department, where, as a rule, they try to solve problems without washing dirty linen in public.

Research shows that a customer who complains and is heard becomes consistent and loyal. Banks value their reputation and know that if a disgruntled customer is simply brushed aside, he will tell his friends about it, and they will tell theirs.

Therefore, the first thing to do in the event of a conflict situation is to contact the bank itself.

The term for processing written complaints by credit institutions, as a rule, is seven to ten banking days.

During this time, the bank will conduct an internal investigation, develop solutions to the problem and offer them to you orally (by phone) or in writing.

As practice shows, they respond most quickly to complaints received through Internet resources and by calling hotlines. They are usually processed on the same day.

Bank	Telephones	Online reception
Sberbank	8-800-555-55-50; +7-495-500-55-50; 900 (available in Russia for MTS, Megafon, Beeline and Tele2 subscribers)	sberbank.ru
VTB 24	+ 7-495-777-24-24 (for Moscow); 8-800-100-24-24 (for regions)	-
Rosselkhozbank	8-800-200-02-90; +7-495-787-7-787; +7-495-777-11-00	rshb.ru
Alfa Bank	+ 7-495-78-888-78 (for Moscow and the Moscow region); 8-800-2000-000 (for regions).	alfabank.ru
Tinkoff Bank	8-800-333-777-3	tinkoff.ru

If the bank did not satisfy your complaint or you were unhappy with the decision, you can write a negative review on the thematic website or forum, or contact one of the supervisory authorities.

Banks.ru and other popular ratings

Again, banks value their reputation and do not like public proceedings.

Many financial institutions have dedicated staff to track reviews and provide feedback. If such an employee sees on the Internet a complaint about the bank he represents, he will try to respond as quickly as possible. Your message will be passed on to the responsible persons or they will tell you the algorithm of actions.

The name speaks for itself: on the site you will find ratings of Russian banks in terms of service level and quality of services, ratings of the most profitable deposits and ratings of loans with the lowest rates.

You can leave a complaint about a particular bank in the "People's rating" section or on the forum in the "Conflict situations" topic. Representatives of more than 220 Russian banks are responding to customer reviews.

To present the problem, as in the case of written appeals, is brief, emotionless and to the point. The moderator will not miss messages containing insults or obscene expressions.

In the national rating "Banki.ru" you can complain about a bank employee, erroneous debiting of funds, incorrect operation of an ATM and other problems that concern you personally. It makes no sense to be indignant at legal, but, in your opinion, unfair actions (“Arbitrariness: my sister has nothing to pay on the loan, the bank has seized the property!”).

Association of Russian Banks and Financial Ombudsman

The Association of Russian Banks is a non-governmental non-profit organization established in 1991. It has 522 members, including 350 credit organizations. The Association includes all the largest banks in Russia, 19 representative offices of foreign banks, 65 banks with foreign participation in the authorized capital, as well as the “big four” audit companies.

The Association not only protects the interests of credit institutions in the legislative, executive and law enforcement bodies, but also seeks to improve the work of banks. To do this, the official website of the Association has a section where anyone can file a complaint against any bank.

The complaint will be posted on the website of the Association of Russian Banks in the public domain.

Bank representatives can comment on complaints.

In 2010, the Federal Law "On an alternative procedure for resolving disputes with the participation of a mediator (mediation procedure)" was adopted and on January 1, 2011 came into force. At the same time, on the initiative of the Association of Russian Banks, the institution of the financial ombudsman was established in 2010. This was another step towards building a dialogue between banks and customers.

The Financial Ombudsman is an impartial, impartial and influential person who can help negotiate with the bank.

He does not punish banks or tell customers what to do. He mediates between the first and the second and helps to come to a compromise. For example, the financial ombudsman can offer mutually beneficial terms for the bank and the client to restructure the loan.

You can turn to a public conciliator in the financial market.

Rospotrebnadzor

Banks serve clients, and therefore, in case of disputable situations, you can contact Federal Service on supervision in the field of consumer protection and human well-being.

What you can complain to Rospotrebnadzor:

• Inclusion in the contract of provisions that infringe on consumer rights (Article 16 of the Law "On Protection of Consumer Rights"). For example, the limitation of jurisdiction, the right to unilaterally amend the contract.
• Insufficient or inaccurate information about services (Articles 10 and 12 of the Law "On Protection of Consumer Rights").

Federal Antimonopoly Service

The Federal Antimonopoly Service (FAS) is the executive body that oversees compliance with competition and advertising legislation.

A typical subject of a complaint to the FAS: the bank gained a competitive advantage over other credit institutions, as it misled customers (for example, offered a deposit at a low interest rate), and then changed the terms of the agreement.

Unfair competition entails the imposition of an administrative fine on officials in the amount of 12,000 to 20,000 rubles, on legal entities - from 100,000 to 500,000 rubles (Article 14.33 of the Code of Administrative Offenses).

You can also complain to the FAS about SMS spam that comes from banks.

In accordance with the law "On the Procedure for Considering Citizens' Appeals", the Federal Antimonopoly Service within 30 days must consider the complaint, conduct an inspection and, if violations are identified, issue an order to eliminate them.

Please note that this page contains an email - [email protected], to which you can send an appeal if you need to attach several files. For example, screenshots of the bank's online advertising.

Central Bank of the Russian Federation

The Bank of Russia is the body of banking regulation and supervision. He monitors compliance by credit institutions with the banking legislation of the Russian Federation, the regulations of the Central Bank and the standards established by it (Article 56 of the Law "On the Bank of Russia").

You can complain to the Central Bank if, for example, the bank imposes unnecessary services on you, if it has transferred information about the client to third parties in violation, illegally charged a fine or forfeit. But most often they write to the Central Bank about the unilateral increase of the loan rate by the bank.

There is a special Internet reception on the Bank of Russia website for receiving applications from citizens.

If your appeal falls within the competence of the Bank of Russia, then it will certainly be considered along with other written requests.

The Central Bank responds to all requests, but often these responses are formal. The Bank of Russia is a supervisory, but not a punitive structure, and therefore usually refers to the fact that it cannot interfere with the operational activities of a particular credit institution, and directs the client to defend his rights in court.

Follow these tips if your complaint is not satisfied or you are not happy with a solution. Also, do not forget about the opportunity to contact law enforcement and the Prosecutor's Office. Especially when it comes to illegal actions of collection organizations.

Write in the comments if you have ever complained about the bank. Tell us about how it was, what result you have achieved.