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Fraudsters have withdrawn money from the card, what should I do? How is money stolen from a card? They wrote off money from a salary card, who and what has the right to do so? What to do if money was withdrawn from the card without my knowledge? How to disable the withdrawal of money from the card for auto payment? How do I cancel or unsubscribe from a paid subscription? Let's consider all these questions in detail.
Stealing money from a bank card is one of the most common modern types of fraud. Despite all the efforts of banks to protect their customers from unauthorized write-offs, and themselves from responsibility for lost money, criminals still find ways to circumvent restrictions by inventing new schemes for electronic theft. In the first 6 months of 2018 alone, about 1.2 billion rubles were stolen from bank cards of Russians. This is twice as much as in the first six months of 2017. It happens that money from the card is debited not by fraudsters, but by representatives of the law. For example, employees of the Federal Bailiff Service (FSSP). But they do not always act reasonably. And also employees of microfinance organizations, online cinemas, dating services, etc. can write off money from the card.
Contents
Many are familiar with such a move by fraudsters as sending SMS messages, allegedly on behalf of a banking organization. In the message, the person is offered to call the specified number for urgent solutions to some very important issues. Further, in a telephone conversation, an alleged bank employee, under the plausible pretext of checking the card data, will ask you to name its details. And then it's up to the speed of the scammers. Having received all the necessary data, they either simply remove it from the card, transferring it to some dummy accounts, or pay with it for purchases in online stores.
Scammers can also extract information about bank cards under a different disguise. For example, you posted a message about the sale of something unnecessary on some popular classifieds site (Avito, Yula, etc.), and a potential buyer calls you. Be carefull. Perhaps he doesn't want to buy anything from you, but he really wants to get access to the money on your card.
I will describe a case from the life of my friend. She was selling a refrigerator at well below market price on one of these sites, and nearly lost all her money. The man who called her on the number left in the ad explained that her refrigerator is very suitable for him. He is ready to buy it right now, without looking, and pick it up in the evening when he finds carriers. To transfer money, of course, I asked for a bank card number. And then the three-digit code on its back ( CVC / CVV).
The girl came to her senses only when the man asked to dictate to him the code that was supposed to come by SMS. Instead of this code, which really fell on her number, she told the interlocutor that she had already called the police and that they were working on it right now. The buyer immediately disappeared. Wishing in its purest form.
The scheme is approximately the following: in SMS messages or in an e-mail on behalf of the bank, you are asked to follow the attached link to change the security settings, pin code or something else very important. The scammers focus on the user's carelessness and inexperience. The catch is that the interface of this site will be identical or very similar to a real banking one. And even the address will be practically the same. Usually hackers create sites that differ from the real one by one letter or there are some characters in the name.
This is what the real Sberbank website looks like:
Fraudsters can create sites like this:
And here is another trick, when scammers take advantage of the ignorance of users in the domain of domain names. Domain name, or domain - this is the name of the site, which is indicated in the top line of the browser:
Read more about domains here: What is a domain, how to choose and register a domain name
Domain names are of the first, second, third level. The prefix at the end after the period is the first level, for example, .ru or .com
Next comes the second level, the word sberbank itself. It can be singular, but the first-level domain can change:
There is also a third-level domain that scammers use. To begin with, a second-level domain is invented, it can be any available character set, for example, sbrnk.ru
Then a third-level domain is created on its basis:
The user sees the word sberbank in the letter and the vigilance is dulled. He goes to a phishing site, where he will be awaited by both a plausible excuse and detailed instructions on entering bank card details into special windows. Naturally, by entering this data, the user gives the scammers all the data they need to steal money.
In such cases, the main thing to remember is one simple but important thing: Banks don't do that! E-mails are sent from a corporate e-mail, provided with a corporate logo. Sending SMS messages, as a rule, is carried out from a corporate number recognizable by customers. And never from different unidentified numbers. Although, in January 2019, Sberbank faced a new type of fraud: attackers called customers from corporate bank numbers (allegedly fake) in order to find out information about access to bank accounts. Therefore, the Savings Bank and other lending institutions officially declare: the bank had not asked customers - cardholders and account holders to inform their confidential credentials. And even more so, he does not call clients for this purpose.
These are, of course, not all the tricks of the scammers. There are many more ways to steal card data using viruses for smartphones and mobile applications of banks. And right now, for sure, some kind of phishing or skimming is being invented.
Banks are in no hurry to admit their guilt and take responsibility for the financial assets of their clients that have disappeared from their cards. In most such cases, after their own investigation, for which the law provides for 30-45 days, credit organizations give the conclusion that the cardholder himself gave its PIN code to third parties or otherwise provided them with access to their money. And on this basis, clients are denied refunds. The easiest way to return the money is if a hacker attack has been committed against the bank or a large number of the bank's clients have suffered from the actions of fraudsters.
In case of refusal of compensation by a banking organization, you can go to court and seek the truth there. I'll make a reservation right away that a small percentage of all cases of illegal write-off of funds reach the court. Often, when correlating the money lost from the card with the amount of legal costs in case of loss, the victims of illegal write-offs come to the conclusion that the game is not worth the candle. In addition, it is quite difficult for the bank's clients to prove in court that they conscientiously protected their plastic cards and their data.
In the cases considered in the courts, the practice is different, but, as lawyers say, on the whole, it is adequate and fair.
The responsibility of banking organizations for unauthorized debiting of funds from the card is fixed in the Federal Law "On the National Payment System" (No. 161-FZ, Art. 9).
According to this law, the bank is obliged to reimburse the client for the amount written off:
But if the client lost the card or it was stolen, but he did not notify the banking organization and did not block it, then he himself is to blame, which means that he does not deserve compensation for losses. Or when he reported the loss not immediately, but after a long time.
The client's obligation to immediately notify the bank about the loss of the card or unauthorized debiting of funds from it is also spelled out in 161-FZ. According to the law, the bank's client must notify about the loss of the card or the discovery of an illegal withdrawal of money no later than the next day after the discovery of the fact itself (part 11, article 9).
In judicial practice, this rule, by the way, is interpreted in different ways. For example, there was a case when a person who lost his contactless card at noon reported this to the bank only at 13.30. At the same time, during those one and a half hours, another person who found this card came to a jewelry store and bought jewelry for the amount that was enough. The owner of the card, in fact, informed the bank about his loss only when he received a notice of debiting for the purchase of jewelry. The court sided with the bank, as the cardholder could not prove that he did not spend the money in the jewelry store himself.
At the same time, in another case, the court sided with the cardholder, whose money disappeared from his account during his flight, and he discovered the loss much later. The person proved that he did not have access to payment services at that time, therefore, he could not withdraw money himself, and did not have the opportunity to immediately notify the bank about the unauthorized write-off.
ONENotify the bank immediately. You can, in the old-fashioned way, call the bank's customer support service and ask to block the operator's card. Or you can use the mobile application and block the card yourself.
2As early as possible, but no later than the day following this sad event, go to the bank and write a statement in duplicate about disagreement with the transaction. You give one copy to the bank, the second - with a mark on the assignment of the incoming number - you leave to yourself. The date of submission of the application is considered the starting point, standardized for resolving the issue of time. Do not believe the bank employees that there are no forms and do not fall for the “come tomorrow”. It will be too late tomorrow. Ask for written notice that there are no forms, and warn that you will turn this paper over to the prosecutor's office.
3After that, go to the police and write a statement about the theft of money from your bank card. Take the ticket on the acceptance of the application and send it to the bank, let them know that the police are also checking. A response from the police to initiate a criminal case of fraud or to refuse it must be received within 10 days.
4If the bank refuses to return the money, based on the results of its own investigation, then you can go to court. But before you argue with the bank, compare the amount you want to return with the amount of legal costs that you will have to incur if you lose the case. Evaluate if you can collect evidence that you are right. Despite the fact that the burden of proof of your guilt and bad faith will rest with the defendant, under consumer protection law, you will have to defend yourself. Once again, make sure that it was not your personal actions that caused the illegal write-off. And remember that in court the chances of winning in practice are not very high.
To write off money from a bank card for debts to the state, the FSSP employees recommend connecting to the data bank of enforcement proceedings. There is a special free application for a smartphone that allows you to monitor online what is happening with your finances. The system allows you to track tax arrears, traffic fines, etc. For the same purpose, you can use the Public Services application.
Information about the initiation of proceedings against a specific person immediately goes to his personal account, provided that he is connected to the system. From this moment, there are two weeks to pay off the debt or challenge it in court. There are cases when people in court prove that the presentation of the writ of execution to the FSSP was illegal. Then the judge suspends the enforcement proceedings.
In the absence of a response from the debtor (let's say you are not connected to the system and do not know what is happening), the system begins to find out his financial situation and check his bank accounts. Then the amount of debt is blocked on the account for five days. During this time, you can pay the debt yourself and not pay the performance fee. If this does not happen, then the amount of the debt together with the amount of the performance fee is written off automatically. If there are not enough funds in the accounts, the amount of debt will be written off with each replenishment.
According to the FSSP, about 50% of all documents are executed electronically.
There was a case in my life when employees of the Federal Bailiff Service (FSSP) took the amount of real estate tax from my card, despite the fact that this tax had already been paid. They managed to get them back, however, after spending a couple of months talking with the bailiffs.
a) In the SMS notification about the seizure of a bank account and withdrawal of money to pay the debt, as a rule, the name of the inspector who seized your funds and his phone number are indicated. Call back (in my case, it literally succeeded from the 214th attempt), find out what the matter is and what documents are needed to prove that the debt has long been repaid, and the repeated write-off of money is illegal.
If there is no bailiff in the SMS notification from the data bank, then the first thing you need to do is contact the bank and take a statement of operations with your account. If the bank confirms that the write-off was made in accordance with the order of the bailiff-executor, ask for a copy of this order. It will contain the name and surname of the bailiff, as well as the territorial division of the service.
b) Now you need to call the inspector and inform him that the money was written off in vain. There are several days before they go to the treasury and are credited to the state treasury. From there it will be possible to return them only through the court as overpaid.
c) In order to avoid unnecessary trouble with the courts, it is also necessary to meet with the inspector and bring him all documents confirming the illegality of the write-off, together with an application for a refund and cancellation of the collection order, as soon as possible.
In parallel, you can send an application for the return and cancellation of the order on recovery to the main department of the FSSP, and to the prosecutor's office - an appeal with a request to check the actions of the bailiff. In some cases, this helped to speed up the return of inappropriately written off money.
d) After that, it remains to wait for the receipt of your money on the card. It usually takes three days to satisfy such a requirement. But in some cases, like mine, it took two months to wait. Their "information system" allegedly failed and my money was not sent to me in any way.
The point is not that the bailiff deliberately ignores the requirement of the law. When he makes a request to banks about the presence of debtor accounts, he does not know the state of the accounts and what kind of money is in these accounts - child benefits, salary, savings, etc.
Therefore, if it so happened that inviolable money was written off under arrest and write-off against real debts to the state, then you need to inform the bailiffs about this:
The judges explain their decision by the fact that the bailiffs-executors initially do not have information about the nature and purpose of the money in the debtor's account. Get this information bailiff. in the opinion of the court, it can only be from the debtor himself. And when enforcement proceedings are initiated, the debtor is automatically obliged to inform the bailiff about his property and bank accounts. If the debtor does not provide such information, then he himself, they say, is to blame. And the bailiff acted within the framework of his powers and did not violate the laws.
In this case, the court does not care that the debtor could find out about his debt after the funds are written off. And that he was physically unable to warn the bailiff about the inviolability of a particular cash account.
According to statistics for the first half of 2018, out of 47487 lawsuits challenging the actions of bailiffs in Russia as a whole, the courts satisfied only 2431 applications.
At the same time, out of 933 lawsuits to challenge the electronic write-off of money from the bank accounts of debtors, only 78 applications were satisfied.
It often happens that people sin on scammers, but they themselves simply forget that a year ago they purchased a subscription to a licensed antivirus for their PC and are very surprised at what they wrote off the money.
It is worth noting here that such companies as Adobe, Kaspersky, Avast, various computer games - write off their money through the provider company Digital River Ireland . Naturally, any person has a panic when he sees this incomprehensible company in the list of transactions. You don't need to worry. Try to remember which software you bought a year ago. If your memory fails, then try to make an extract in your bank's personal account for the same period last year.
Here's another typical story: “I bought a trial subscription through the Tekka Digital SA mobile application (dating site) for one day, costing 29 rubles. I read that if you do not leave a cancellation request, a monthly subscription will immediately connect. I left the application. But the subscription still lasted. 1,000 rubles were debited from the card. How to get the money back? "
Or another story: “I decided to watch a movie. There was no movie I needed on YouTube, Google brought me to one well-known online movie theater IVI. I bought it and looked. A month later, a letter arrives that 399 rubles were debited from the card for renewing the monthly subscription to ivi. I went to the site and found out that they had saved my map, although there was no such checkmark anywhere. And besides, they issued me a paid subscription, although, again, these checkmarks were not found anywhere. This is how, having bought one film, I got the money. "
Similar cases are described in many forums about sites with in-app purchases. As a rule, the user's “consent” checkboxes are placed in the subscription forms by default. Places for them are chosen inconspicuous. Therefore, the user subscribes to regular automatic payments without suspecting it.
“In the spring I took 1,000 rubles from an MFO, but I never gave the loan. The percentage came up decent, although they did not bother me with letters and calls. And the other day I have a purchase from a salary card (Sberbank) in the amount of 3700 rubles. In sms it is clear that the purchase is through the very same MFO. I did not confirm the withdrawal of money, but they went away anyway. The bank advised me to write a statement to the police. And then today I decided to go to my personal account on a loan, and then I went nuts! As I owed 6 thousand kopecks, I stayed, it turns out they just stole almost 4 thousand from me! What to do, what would you advise, what are the chances of getting my money back? "
It is worth noting that in that particular situation, the MFI did not consider itself wrong. From the explanations of its employees, it follows that when registering the first loan in a microfinance organization, funds are issued either to a bank account or to a bank card. You can also get a loan on Yandex Wallet, although here it is mandatory, according to the terms of the agreement, a bank card is tied to the account. Thus, the MFO client leaves the data on the bank card voluntarily. At the same time, further in the loan agreement there is a clause in which the client allows the company to write off to pay off debt from any card that is indicated in the personal account. In addition, there is a condition that the company is not obliged to inform the borrower about such write-offs: “The signing of the loan agreement is an acceptance (consent) to perform the above actions ".
ONEIf the money was written off by fraudsters, then first of all, block the card, write a statement to the bank for a refund of money and to the police about theft. If the bank refuses to return the money, go to court.
2If the bailiffs wrote off the money, then check on what grounds. If for debts that you have already paid, write an application for return to the territorial division of the FSSP, attach documents confirming the payment. In parallel, you can apply to the head office of the service and the prosecutor's office to check the actions of the bailiffs.
3If the money was debited on a paid subscription that you do not need, then cancel the subscription and try to negotiate a refund with the company. If the agreement fails, block the card and proceed as in the case of fraudulent charges.
4If the money was written off by a microfinance organization, then most likely you yourself allowed it. Block the card, issue a new one and bypass the MFI.
We hope our tips will help you not to lose money. Well, if you have such stories, we would be grateful if you share them in the comments.
Stealing money from a bank card is one of the most common modern types of fraud. Despite all the efforts of banks to protect their customers from unauthorized write-offs, and themselves from responsibility for lost money, criminals still find ways to circumvent restrictions by inventing new schemes for electronic theft. In the first 6 months of 2018 alone, about 1.2 billion rubles were stolen from bank cards of Russians. This is twice as much as in the first six months of 2017. It happens that money from the card is debited not by fraudsters, but by representatives of the law. For example, employees of the Federal Bailiff Service (FSSP). But they do not always act reasonably. And also employees of microfinance organizations, online cinemas, dating services, etc. can write off money from the card.
Contents
- 1 How scammers write off money from a bank card
- 1.1 Vishing
- 1.2 Phishing
- 1.3 Skimming
- 1.4 Shimming
- 2 Safety rules
- 3 Responsibility of banks
- 4 Procedure if money was illegally debited from a bank card
- 5 Bailiffs debited money from the card
- 5.1 How bailiffs write off money from bank cards
- 5.2 The bailiffs wrote off the debt again. What to do?
- 5.3 The bailiffs wrote off child benefits. How to return?
- 5.4 Judicial practice on challenging the actions of bailiffs
- 6 I bought something, did not understand how
- 6.1 Paid subscription or auto payment
- 6.1.1 How to fix it?
- 6.2 Microfinance organization
- 6.2.1 How to fix it?
- 6.1 Paid subscription or auto payment
- 7 Summing up
How scammers write off money from a bank card
Bank cards are pushing cash out of circulation. And stealing money from a bank card today is much easier than a wallet from a purse on a crowded bus or subway. Therefore, scammers constantly come up with different ways to steal funds stored on the card. Let's consider these methods in more detail.Vishing
Vishing is a commonly used scheme to steal bank card details for subsequent withdrawal of funds from it. The main tools here are the telephone and the artistic abilities of the attackers.Many are familiar with such a move by fraudsters as sending SMS messages, allegedly on behalf of a banking organization. In the message, the person is offered to call the specified number for urgent solutions to some very important issues. Further, in a telephone conversation, an alleged bank employee, under the plausible pretext of checking the card data, will ask you to name its details. And then it's up to the speed of the scammers. Having received all the necessary data, they either simply remove it from the card, transferring it to some dummy accounts, or pay with it for purchases in online stores.
Scammers can also extract information about bank cards under a different disguise. For example, you posted a message about the sale of something unnecessary on some popular classifieds site (Avito, Yula, etc.), and a potential buyer calls you. Be carefull. Perhaps he doesn't want to buy anything from you, but he really wants to get access to the money on your card.
I will describe a case from the life of my friend. She was selling a refrigerator at well below market price on one of these sites, and nearly lost all her money. The man who called her on the number left in the ad explained that her refrigerator is very suitable for him. He is ready to buy it right now, without looking, and pick it up in the evening when he finds carriers. To transfer money, of course, I asked for a bank card number. And then the three-digit code on its back ( CVC / CVV).
The girl came to her senses only when the man asked to dictate to him the code that was supposed to come by SMS. Instead of this code, which really fell on her number, she told the interlocutor that she had already called the police and that they were working on it right now. The buyer immediately disappeared. Wishing in its purest form.
Phishing
Phishing is also a commonly used scheme to steal data and withdraw money from someone else's bank card without the knowledge of its owner. Unlike the previous method, more sophisticated technologies are used here - fake "mirror" sites.The scheme is approximately the following: in SMS messages or in an e-mail on behalf of the bank, you are asked to follow the attached link to change the security settings, pin code or something else very important. The scammers focus on the user's carelessness and inexperience. The catch is that the interface of this site will be identical or very similar to a real banking one. And even the address will be practically the same. Usually hackers create sites that differ from the real one by one letter or there are some characters in the name.
This is what the real Sberbank website looks like:
Fraudsters can create sites like this:
- www.cberbank.ru
- www.sber-bank.ru
- www.sberbank-online.ru
- www.sbbank.ru
- www.sberbank1.ru
- www.sberbanki.ru
And here is another trick, when scammers take advantage of the ignorance of users in the domain of domain names. Domain name, or domain - this is the name of the site, which is indicated in the top line of the browser:
Read more about domains here: What is a domain, how to choose and register a domain name
Domain names are of the first, second, third level. The prefix at the end after the period is the first level, for example, .ru or .com
Next comes the second level, the word sberbank itself. It can be singular, but the first-level domain can change:
There is also a third-level domain that scammers use. To begin with, a second-level domain is invented, it can be any available character set, for example, sbrnk.ru
Then a third-level domain is created on its basis:
- sberbank.sbrnk.ru
The user sees the word sberbank in the letter and the vigilance is dulled. He goes to a phishing site, where he will be awaited by both a plausible excuse and detailed instructions on entering bank card details into special windows. Naturally, by entering this data, the user gives the scammers all the data they need to steal money.
In such cases, the main thing to remember is one simple but important thing: Banks don't do that! E-mails are sent from a corporate e-mail, provided with a corporate logo. Sending SMS messages, as a rule, is carried out from a corporate number recognizable by customers. And never from different unidentified numbers. Although, in January 2019, Sberbank faced a new type of fraud: attackers called customers from corporate bank numbers (allegedly fake) in order to find out information about access to bank accounts. Therefore, the Savings Bank and other lending institutions officially declare: the bank had not asked customers - cardholders and account holders to inform their confidential credentials. And even more so, he does not call clients for this purpose.
Skimming
Skimming is a higher level scam. It is used by tech-savvy criminals. We are talking about special electronic devices - skimmers - that read card data (number, pin code, etc.). Special overlays that fix the card data are installed directly on the ATM, and the reading process is activated at the time the card is used by a person. ATMs for these purposes are chosen, as a rule, street, in deserted and dimly lit places. In addition to the skimmer, a mini-video camera is also attached to them in order to "spy" the pin code.Shimming
Shimming is a type of skimming. Differs in a direct reading device. Here, it is no longer an overlay that is used, but a thin flexible electronic board that is inserted directly into the ATM card reader, which is almost invisible to the eye of an uninformed person. In these types of fraud, the criminals make fake cards and use them to withdraw money from the owner's account.These are, of course, not all the tricks of the scammers. There are many more ways to steal card data using viruses for smartphones and mobile applications of banks. And right now, for sure, some kind of phishing or skimming is being invented.
Safety regulations
In order not to fall for the bait of scammers, you need to observe at least basic precautions:- Never, under any circumstances, disclose your bank card details to anyone: PIN, CVC or CVV bank card codes and one-time passwords. If possible, even to relatives, even the closest ones.
- Learn all codes and passwords by heart and burn all the papers on which they are written. Under no circumstances should you write the pin code directly on the card. If you are not relying on your own memory, keep them away from cards and not in their obvious form. There are special encryption programs for storing site passwords and PIN codes, for example, KeePass, LastPass, etc.
- Proximity cards and cards without pin codes are best kept close to the body, in breast pockets, or other places that are difficult for a thief to reach, or from where they could fall out and get lost.
- Set passwords on smartphones if you download the bank's mobile application, and on the applications themselves.
- Use SMS notification about transactions from your card.
- Use only trusted online stores and payment services.
- In shops, cafes, restaurants and other places where you pay with a card, do all the actions with it yourself or be present with them.
Responsibility of banks
Let's say you took all the security measures, but the money from your card still disappeared. Theoretically, if the write-off occurred without your consent, then the bank must reimburse you for the losses. But this is only in theory. In practice, this will require a sweat, proving that you are not to blame.Banks are in no hurry to admit their guilt and take responsibility for the financial assets of their clients that have disappeared from their cards. In most such cases, after their own investigation, for which the law provides for 30-45 days, credit organizations give the conclusion that the cardholder himself gave its PIN code to third parties or otherwise provided them with access to their money. And on this basis, clients are denied refunds. The easiest way to return the money is if a hacker attack has been committed against the bank or a large number of the bank's clients have suffered from the actions of fraudsters.
In case of refusal of compensation by a banking organization, you can go to court and seek the truth there. I'll make a reservation right away that a small percentage of all cases of illegal write-off of funds reach the court. Often, when correlating the money lost from the card with the amount of legal costs in case of loss, the victims of illegal write-offs come to the conclusion that the game is not worth the candle. In addition, it is quite difficult for the bank's clients to prove in court that they conscientiously protected their plastic cards and their data.
In the cases considered in the courts, the practice is different, but, as lawyers say, on the whole, it is adequate and fair.
The responsibility of banking organizations for unauthorized debiting of funds from the card is fixed in the Federal Law "On the National Payment System" (No. 161-FZ, Art. 9).
According to this law, the bank is obliged to reimburse the client for the amount written off:
- If you have not properly informed the client about the money transfer transaction. At the same time, the client did not give his consent to this operation. (Part 13, Article 9 161-FZ)
- If you received a notification from the client about the loss / loss of the card or that they are trying to use the card without his permission, but still carried out a money transfer operation (Part 12, Article 9 161-FZ)
- If he informed the client about debiting money from the card, but received a notification from the client that the card was lost or that he did not authorize this operation. True, if the bank proves that the client in this case violated the rules for using the card and transferred its details to someone, then the responsibility for reimbursing the debited funds is removed from it (part 15 of article 161-FZ).
But if the client lost the card or it was stolen, but he did not notify the banking organization and did not block it, then he himself is to blame, which means that he does not deserve compensation for losses. Or when he reported the loss not immediately, but after a long time.
The client's obligation to immediately notify the bank about the loss of the card or unauthorized debiting of funds from it is also spelled out in 161-FZ. According to the law, the bank's client must notify about the loss of the card or the discovery of an illegal withdrawal of money no later than the next day after the discovery of the fact itself (part 11, article 9).
In judicial practice, this rule, by the way, is interpreted in different ways. For example, there was a case when a person who lost his contactless card at noon reported this to the bank only at 13.30. At the same time, during those one and a half hours, another person who found this card came to a jewelry store and bought jewelry for the amount that was enough. The owner of the card, in fact, informed the bank about his loss only when he received a notice of debiting for the purchase of jewelry. The court sided with the bank, as the cardholder could not prove that he did not spend the money in the jewelry store himself.
At the same time, in another case, the court sided with the cardholder, whose money disappeared from his account during his flight, and he discovered the loss much later. The person proved that he did not have access to payment services at that time, therefore, he could not withdraw money himself, and did not have the opportunity to immediately notify the bank about the unauthorized write-off.
Procedure if money was illegally debited from a bank card
In any case, no matter how difficult it is, you can and should try to defend your rights. Therefore, as soon as you find that money is being debited from a bank card, the nature of which is unknown to you, or when it is lost, you must:ONENotify the bank immediately. You can, in the old-fashioned way, call the bank's customer support service and ask to block the operator's card. Or you can use the mobile application and block the card yourself.
2As early as possible, but no later than the day following this sad event, go to the bank and write a statement in duplicate about disagreement with the transaction. You give one copy to the bank, the second - with a mark on the assignment of the incoming number - you leave to yourself. The date of submission of the application is considered the starting point, standardized for resolving the issue of time. Do not believe the bank employees that there are no forms and do not fall for the “come tomorrow”. It will be too late tomorrow. Ask for written notice that there are no forms, and warn that you will turn this paper over to the prosecutor's office.
3After that, go to the police and write a statement about the theft of money from your bank card. Take the ticket on the acceptance of the application and send it to the bank, let them know that the police are also checking. A response from the police to initiate a criminal case of fraud or to refuse it must be received within 10 days.
4If the bank refuses to return the money, based on the results of its own investigation, then you can go to court. But before you argue with the bank, compare the amount you want to return with the amount of legal costs that you will have to incur if you lose the case. Evaluate if you can collect evidence that you are right. Despite the fact that the burden of proof of your guilt and bad faith will rest with the defendant, under consumer protection law, you will have to defend yourself. Once again, make sure that it was not your personal actions that caused the illegal write-off. And remember that in court the chances of winning in practice are not very high.
The bailiffs debited money from the card
The money can be debited from your bank card and bailiffs to pay off any debts that the court has ordered to collect. For example, for fines or taxes. As a rule, such charges are justified and legal, even if not authorized by the bank card holder. But often, people simply do not remember or do not know that they owe the government, therefore, when they receive notifications of write-offs, they get lost and do not know what to do.To write off money from a bank card for debts to the state, the FSSP employees recommend connecting to the data bank of enforcement proceedings. There is a special free application for a smartphone that allows you to monitor online what is happening with your finances. The system allows you to track tax arrears, traffic fines, etc. For the same purpose, you can use the Public Services application.
How bailiffs write off money from bank cards
To search for bank accounts of debtors, the FSSP of Russia uses its own automated information system. The database of enforcement proceedings is also part of it. The information system covers the entire territory of the Russian Federation and literally every workstation of the bailiff. Each enforcement procedure also exists in electronic form. When the bailiff initiates enforcement proceedings, it is registered in the office and automatically falls into the general database within 24 hours.Information about the initiation of proceedings against a specific person immediately goes to his personal account, provided that he is connected to the system. From this moment, there are two weeks to pay off the debt or challenge it in court. There are cases when people in court prove that the presentation of the writ of execution to the FSSP was illegal. Then the judge suspends the enforcement proceedings.
In the absence of a response from the debtor (let's say you are not connected to the system and do not know what is happening), the system begins to find out his financial situation and check his bank accounts. Then the amount of debt is blocked on the account for five days. During this time, you can pay the debt yourself and not pay the performance fee. If this does not happen, then the amount of the debt together with the amount of the performance fee is written off automatically. If there are not enough funds in the accounts, the amount of debt will be written off with each replenishment.
According to the FSSP, about 50% of all documents are executed electronically.
The bailiffs wrote off the debt again. What to do?
But the bailiffs are also mistaken and write off the money that they should not write off.There was a case in my life when employees of the Federal Bailiff Service (FSSP) took the amount of real estate tax from my card, despite the fact that this tax had already been paid. They managed to get them back, however, after spending a couple of months talking with the bailiffs.
a) In the SMS notification about the seizure of a bank account and withdrawal of money to pay the debt, as a rule, the name of the inspector who seized your funds and his phone number are indicated. Call back (in my case, it literally succeeded from the 214th attempt), find out what the matter is and what documents are needed to prove that the debt has long been repaid, and the repeated write-off of money is illegal.
If there is no bailiff in the SMS notification from the data bank, then the first thing you need to do is contact the bank and take a statement of operations with your account. If the bank confirms that the write-off was made in accordance with the order of the bailiff-executor, ask for a copy of this order. It will contain the name and surname of the bailiff, as well as the territorial division of the service.
b) Now you need to call the inspector and inform him that the money was written off in vain. There are several days before they go to the treasury and are credited to the state treasury. From there it will be possible to return them only through the court as overpaid.
c) In order to avoid unnecessary trouble with the courts, it is also necessary to meet with the inspector and bring him all documents confirming the illegality of the write-off, together with an application for a refund and cancellation of the collection order, as soon as possible.
In parallel, you can send an application for the return and cancellation of the order on recovery to the main department of the FSSP, and to the prosecutor's office - an appeal with a request to check the actions of the bailiff. In some cases, this helped to speed up the return of inappropriately written off money.
d) After that, it remains to wait for the receipt of your money on the card. It usually takes three days to satisfy such a requirement. But in some cases, like mine, it took two months to wait. Their "information system" allegedly failed and my money was not sent to me in any way.
The bailiffs wrote off child benefits. How to return?
It happens that in order to pay off debts for fines, taxes, alimony, duties, etc. bailiffs arrest money that has immunity. For example, child benefits and other social benefits specified in Art. 101 229-FZ "On Enforcement Proceedings" as not subject to collection.The point is not that the bailiff deliberately ignores the requirement of the law. When he makes a request to banks about the presence of debtor accounts, he does not know the state of the accounts and what kind of money is in these accounts - child benefits, salary, savings, etc.
Therefore, if it so happened that inviolable money was written off under arrest and write-off against real debts to the state, then you need to inform the bailiffs about this:
- Get a certificate from the social security authorities that social payments are transferred to you on this account every month.
- Write a statement addressed to the bailiff-executor with reference to Article 101 of Federal Law No. 229-FZ on the removal of the arrest from your account in two copies.
- You give one copy together with the certificate to the bailiff, on the second copy a mark is put that your application has been accepted.
- You are waiting for a refund. In this case, the bailiff is obliged to issue a decree to remove the arrest from your account and send it to the Bank.
Judicial practice on challenging the actions of bailiffs
The courts, as practice shows, more often take the side of the bailiffs in disputes about the legality or illegality of debiting money from the cards of Russians. Even if it turns out that child benefits or other social benefits have been written off.The judges explain their decision by the fact that the bailiffs-executors initially do not have information about the nature and purpose of the money in the debtor's account. Get this information bailiff. in the opinion of the court, it can only be from the debtor himself. And when enforcement proceedings are initiated, the debtor is automatically obliged to inform the bailiff about his property and bank accounts. If the debtor does not provide such information, then he himself, they say, is to blame. And the bailiff acted within the framework of his powers and did not violate the laws.
In this case, the court does not care that the debtor could find out about his debt after the funds are written off. And that he was physically unable to warn the bailiff about the inviolability of a particular cash account.
According to statistics for the first half of 2018, out of 47487 lawsuits challenging the actions of bailiffs in Russia as a whole, the courts satisfied only 2431 applications.
At the same time, out of 933 lawsuits to challenge the electronic write-off of money from the bank accounts of debtors, only 78 applications were satisfied.
I bought something, I didn't understand how
Sometimes it happens that we, quite by accident, without knowing it, allow some organizations to legally use our money, periodically debiting it from our bank card. True, we feel deceived at the same time. Why is this happening? Let's consider several cases from life.Paid subscription or auto payment
Everything is simple here. Even if you are only once on some site, be it an online cinema, a dating site, an electronic library, a game resource for gamers, etc., you have purchased something - a product, service, access to a closed section - you may find yourself a regular subscriber of a paid service.It often happens that people sin on scammers, but they themselves simply forget that a year ago they purchased a subscription to a licensed antivirus for their PC and are very surprised at what they wrote off the money.
It is worth noting here that such companies as Adobe, Kaspersky, Avast, various computer games - write off their money through the provider company Digital River Ireland . Naturally, any person has a panic when he sees this incomprehensible company in the list of transactions. You don't need to worry. Try to remember which software you bought a year ago. If your memory fails, then try to make an extract in your bank's personal account for the same period last year.
Here's another typical story: “I bought a trial subscription through the Tekka Digital SA mobile application (dating site) for one day, costing 29 rubles. I read that if you do not leave a cancellation request, a monthly subscription will immediately connect. I left the application. But the subscription still lasted. 1,000 rubles were debited from the card. How to get the money back? "
Or another story: “I decided to watch a movie. There was no movie I needed on YouTube, Google brought me to one well-known online movie theater IVI. I bought it and looked. A month later, a letter arrives that 399 rubles were debited from the card for renewing the monthly subscription to ivi. I went to the site and found out that they had saved my map, although there was no such checkmark anywhere. And besides, they issued me a paid subscription, although, again, these checkmarks were not found anywhere. This is how, having bought one film, I got the money. "
Similar cases are described in many forums about sites with in-app purchases. As a rule, the user's “consent” checkboxes are placed in the subscription forms by default. Places for them are chosen inconspicuous. Therefore, the user subscribes to regular automatic payments without suspecting it.
How to fix?
Usually, such sites and services return money to users voluntarily, as soon as they applied to the support service with a claim. Judging by the reviews of offended clients who fell for this trick, the owners of such resources do not want to contact law enforcement officers and are accommodating. For the most part, using unscrupulous methods of extracting small sums from the pockets of their clients, such companies rely on those who will not notice or dare to be indignant. Lawyers, however, advise blocking the card through the bank at the first debiting and canceling the transaction, insisting that it went through without your consent.Microfinance organization
Similar tricks are used by microfinance organizations that issue small loans at space interest rates. But here it’s not just a simpleton who doesn’t notice and doesn’t ask for his money back. In such companies, there is a much more serious and well-organized scheme for debiting money from bank cards of their clients.“In the spring I took 1,000 rubles from an MFO, but I never gave the loan. The percentage came up decent, although they did not bother me with letters and calls. And the other day I have a purchase from a salary card (Sberbank) in the amount of 3700 rubles. In sms it is clear that the purchase is through the very same MFO. I did not confirm the withdrawal of money, but they went away anyway. The bank advised me to write a statement to the police. And then today I decided to go to my personal account on a loan, and then I went nuts! As I owed 6 thousand kopecks, I stayed, it turns out they just stole almost 4 thousand from me! What to do, what would you advise, what are the chances of getting my money back? "
It is worth noting that in that particular situation, the MFI did not consider itself wrong. From the explanations of its employees, it follows that when registering the first loan in a microfinance organization, funds are issued either to a bank account or to a bank card. You can also get a loan on Yandex Wallet, although here it is mandatory, according to the terms of the agreement, a bank card is tied to the account. Thus, the MFO client leaves the data on the bank card voluntarily. At the same time, further in the loan agreement there is a clause in which the client allows the company to write off to pay off debt from any card that is indicated in the personal account. In addition, there is a condition that the company is not obliged to inform the borrower about such write-offs: “The signing of the loan agreement is an acceptance (consent) to perform the above actions ".
How to fix?
No way. Most lawyers advise you to pay off the MFI, change your card, and never get involved with microfinance organizations and quick loans again.Let's summarize
What to do if money was withdrawn from the card without my knowledge? First, try to find out who wrote them off and for what. Further steps will depend on this.ONEIf the money was written off by fraudsters, then first of all, block the card, write a statement to the bank for a refund of money and to the police about theft. If the bank refuses to return the money, go to court.
2If the bailiffs wrote off the money, then check on what grounds. If for debts that you have already paid, write an application for return to the territorial division of the FSSP, attach documents confirming the payment. In parallel, you can apply to the head office of the service and the prosecutor's office to check the actions of the bailiffs.
3If the money was debited on a paid subscription that you do not need, then cancel the subscription and try to negotiate a refund with the company. If the agreement fails, block the card and proceed as in the case of fraudulent charges.
4If the money was written off by a microfinance organization, then most likely you yourself allowed it. Block the card, issue a new one and bypass the MFI.
We hope our tips will help you not to lose money. Well, if you have such stories, we would be grateful if you share them in the comments.
