Banks such as HKB, TKS, Alfa... have a good collection of clients who use credit cards without contracts... I wish all clients knew about this practice (as in the example with commissions)

Here, in fact, is the definition itself:

Case No. 33-7855

Speaker: Gordienko A.L.

APPEAL DECISION

On September 12, 2012, the Judicial Collegium for Civil Cases of the Kemerovo Regional Court, consisting of:
presiding Gordienko A.L.,
judges Grebenshchikova O.A., Piskunova Yu.A.,
under secretary T.V. Arikainen,
having considered in open court based on the report of judge A.L. Gordienko. Civil case
on the appeal of the representative of the defendant Shch.-Shch.1 against the decision of the Novoilinsky District Court of Novokuznetsk Kemerovo region dated May 17, 2012
in the case of the claim of Alfa-Bank OJSC against Shch. for the collection of debt under a lending agreement,

INSTALLED:

OJSC Alfa-Bank filed a lawsuit against Shch. to collect the debt under the lending agreement.
The requirements are motivated by the fact that... OJSC Alfa-Bank and Shch. entered into a lending agreement to receive credit card No. The lending agreement was concluded in offer-acceptance form, in accordance with the provisions of Art. 432, 438 Civil Code of the Russian Federation.

According to the terms of this lending agreement contained in the General Conditions for issuing a credit card of OJSC Alfa-Bank, opening and lending a credit card, the loan amount was rubles, interest on the loan was 20.99% per annum, the loan amount was subject to repayment by making monthly payments not later than the 25th day of each month in an amount of at least rubles. The number of times the loan was used was not limited.
Pursuant to the lending agreement, the Bank transferred Money to the borrower in the amount of... rubles, and the borrower Shch. used funds from the loan amount provided to him.
Currently, Shch. is not fulfilling its obligations: it does not make monthly loan payments and does not pay interest on the use of funds.

According to the debt calculation and certificate of credit card, the amount of Shch's debt is... rubles, namely: the overdue principal debt is 360,000 rubles; accrued interest... rubles; fines and penalties... rubles.
Taking into account the specified requirements, he asked the court to recover from the defendant the debt under the Loan Agreement No. dated... in the amount of rubles, including: ... rubles overdue principal debt, ... rubles accrued interest, ... rubles accrued penalties. To recover the costs of paying the state duty in the amount of... rubles.

By the decision of the Novoilinsky District Court of Novokuznetsk, Kemerovo Region, dated May 17, 2012, it was decided:
Collect from Shch., ... year of birth, native ... in favor of OJSC Alfa-Bank the debt under the Lending Agreement No. No. dated ... in the amount, including: - overdue principal debt; , - accrued interest, - accrued penalties.
To recover from Shch., ... year of birth, native ... in favor of OJSC Alfa-Bank the plaintiff's legal expenses for payment of the state fee for filing a claim in court in the amount of ..

In the appeal, the representative of the defendant Shch. - Shch.1 asks to cancel the court decision as illegal and unfounded.
The complaint indicates that the court did not verify the debt calculation submitted by the bank, with which the defendant did not agree.
Believes that the court, in violation of Art. 198 of the Code of Civil Procedure of the Russian Federation did not motivate his disagreement with the defendant’s argument that the loan agreement was terminated...
In addition, in the materials of the court case there is not a single document that would indicate that the terms of the agreement on the amount of penalties and interest for using the loan were agreed upon.
Indicates that when activating the card, the defendant was told over the phone that the interest for using the loan was... rub. monthly, the defendant paid these amounts.
Believes that the amount of debt should be...

OJSC Alfa-Bank filed objections to the appeal.
Defendant Shch. did not appear at the appellate court; he was duly notified of the time and place of the consideration of the case. The panel of judges considers it possible to consider the case in his absence.
At the court hearing, the representative of the defendant Shch.-Shch.1, acting on the basis of a power of attorney, supported the arguments of the appeal.
The representative of the plaintiff OJSC Alfa-Bank - G., acting on the basis of a power of attorney, asked the court's decision to be left unchanged. He explained that the documents that were sent to the defendant when concluding the loan agreement were not preserved in the bank’s archives; the defendant activated the credit card, used the loan, and is obliged to repay the principal amount of the debt, interest, and penalties.

Having studied the case materials, discussed the arguments of the appeal and objections, checked the legality and validity of the decision, based on the arguments set forth in the complaint and objections, the judicial panel comes to the following conclusion.

As established by the court of first instance, when making demands for debt collection under the loan agreement, the plaintiff refers to the fact that... OJSC Alfa-Bank and Shch. entered into a lending agreement to obtain a credit card. This agreement was assigned number No.
In pursuance of this Lending Agreement, Alfa-Bank OJSC transferred funds to Shch in the amount of ... rubles on the terms of the interest rate for using the loan - ... % per annum.
According to the calculation of the debt under the Loan Agreement No. dated..., presented by the plaintiff, the amount of Shch.'s debt to the bank, taking into account payments made to repay the debt as of... is in the amount of... rubles, of which: rubles overdue principal debt, rubles accrued interest, rubles accrued penalties.

Satisfying the claims for collection of debt under a lending agreement in the amount of... rubles, the court came to the conclusion that since Shch. received and activated a credit card, and he made payments to repay the loan, then between Alfa-Bank OJSC » and Shch. entered into a lending agreement in offer-acceptance form.

It is impossible to agree with this conclusion of the court, since it was made without taking into account the factual circumstances of the case and in violation of substantive law.

According to Art. 820 of the Civil Code of the Russian Federation, a loan agreement must be concluded in writing. Failure to comply with the written form shall result in invalidity loan agreement. Such an agreement is considered void.

By virtue of Art. 435 of the Civil Code of the Russian Federation, an offer is recognized as a proposal addressed to one or several specific persons, which is quite specific and expresses the intention of the person who made the offer to consider himself to have entered into an agreement with the addressee who will accept the offer. The offer must contain the essential terms of the contract.

By virtue of clause 3 of Art. 434 of the Civil Code of the Russian Federation, the written form of the agreement is considered to be complied with if the written proposal to conclude an agreement is accepted in the manner prescribed by paragraph 3 of Article 438 of this Code.

In accordance with paragraph 3 of Art. 438 of the Civil Code of the Russian Federation, the performance by the person who received the offer of actions to fulfill the terms of the contract specified in it is its acceptance and, accordingly, is the proper conclusion of the contract by the parties in compliance with a simple written form.
The plaintiff did not provide evidence of compliance by the parties with the written form of the loan agreement, including the conclusion of the loan agreement in offer-acceptance form.

From the case materials it is clear that at the request of the appellate court to provide Alfa-Bank OJSC with written evidence of the conclusion of a lending agreement between Alfa-Bank OJSC and Shch., as well as documents confirming agreement with the borrower Sh. lending conditions (interest rate, lending limit, procedure for calculating penalties and fines, etc.), a response was provided about the absence of the requested documents in the Bank’s archives.
Shch. disputes that he received any information about lending (interest for using the loan, penalties, etc.), and the case materials do not confirm that defendant Shch., in the prescribed manner, accepted the terms of the lending agreement dated... No. No., and was familiar with it.

The panel of judges believes that since Alfa-Bank OJSC did not provide evidence confirming the sending of a proposal to Shch., which would contain all the essential terms of the loan agreement, such an agreement is considered void (Article 820 of the Civil Code of the Russian Federation).

The very fact that the defendant received a credit card by mail cannot be recognized as an offer in the sense contained in Part 1 of Art. 435 of the Civil Code of the Russian Federation, since there is no evidence that the defendant was sent a written proposal that contained the terms of the loan agreement.
The fact that the defendant activated the card and made transactions on the card also cannot, due to the above provisions of the law, confirm his acceptance of the terms of the lending agreement, including the size of the credit limit, interest on the loan, penalties, etc.

The documents submitted by the plaintiff to the appellate court for the defendant to receive a personal international bank card from Alfa-Bank OJSC from... (case sheets 154, 156) cannot be considered as a lending agreement from... No. because These documents were drawn up to obtain another bank card, which did not provide for a loan, and do not relate to the dispute under consideration.

Thus, the court of first instance unlawfully came to the conclusion regarding the conclusion of a lending agreement between the parties dated... for No. No. ...
Taking into account the above, the court decision cannot be recognized as legal and justified and is subject to change in accordance with paragraph 4 of part 1 of Art. 330 Code of Civil Procedure Russian Federation due to violation of substantive law.

The panel of judges believes that there are no grounds for accruing and collecting from the defendant in favor of the plaintiff interest for using the loan in the amount of...% per annum, penalties for late payment interest and credit, as well as other payments based on the loan agreement. The claim to collect interest from the defendant for the use of other people's funds was not made by the plaintiff; the plaintiff was not deprived of this right.

Since the lending agreement is void, the defendant is obliged to return to the plaintiff only the amount actually received, withdrawn from the bank card, minus the funds already deposited by the defendant.
From the calculation presented by Alfa-Bank OJSC (case sheets 62-75), it follows that the amount withdrawn by the defendant from the card for the period from... to... is 1 rub., and the amount contributed by the defendant is...
Thus, the judicial panel comes to the conclusion that it is necessary to change the court decision regarding the collection of debt under the loan agreement and state duty, and to recover from the defendant Shch. in favor of Alfa-Bank OJSC funds in the amount of and state fee in the amount..., in proportion to the satisfied claims.
The calculation of the representative of the defendant, according to which Shch.’s debt amounts to rubles. (ld. 135), cannot be taken into account by the judicial panel, since it does not correctly determine the amount of amounts paid by the defendant.
Guided by part 1 of article 327.1, article 328 of the Civil Procedure Code of the Russian Federation, the judicial panel

DEFINED:

The decision of the Novoilinsky District Court of Novokuznetsk, Kemerovo Region, dated May 17, 2012, is amended.
To recover from the defendant Shch. in favor of OJSC Alfa-Bank a sum of money in the amount of... kopecks and a state fee in the amount of... kopecks.
Refuse to satisfy the rest of the demands.

With all the ensuing consequences...

Banks, having got their hands on a client, are very reluctant to release him back into the wild. The conscious refusal of the “victim” from any type of banking services spoils the indicators and statistics, but who needs this?

So it turns out that terminating a credit card agreement is much more difficult than entering into one!

Why is it worth spending a little time and nerves - and still bring the official procedure of “farewell to your credit card” to its logical conclusion?

After all, you can simply shove your disgusted credit card into the dusty book “Promat in Questions and Answers” ​​- and just forget about it. But it won’t work! Or rather, you yourself may forget about the card, but your favorite bank is unlikely...

Monthly fee for card account maintenance, a couple of rubles for SMS to phone, mobile bank ing... But who knows, there are still a lot of paid services left on the map that you no longer remember? Or maybe you don’t even know...

All these rubles and kopecks are automatically and regularly withdrawn from your credit card and... Your debt to the bank increases. After a couple of years, he is already growing like in a fairy tale: by leaps and bounds.

You don’t want to one day hear a pleasant female voice on the phone, who will joyfully tell you the amount of the overdue amount equal to the average monthly salary in Moscow? But this is by no means fantasy - but a cruel banking reality...

Free legal advice:

But you can still say goodbye to your credit card forever! Just pay attention to the following points.

1. It is impossible to terminate a credit card agreement without the piece of plastic itself. The card must be handed over to the bank, where it must be destroyed right before your eyes. If you have lost your credit card or it was stolen, you must formalize this fact accordingly;
2. The credit card debt will have to be repaid in full - all late payments, scheduled payments, fees. In addition, some banks will also have additional costs associated with closing a card account;
3. Be sure to check with the manager what paid services are attached to your card and whether you need to cancel them with a separate application;
4. Be prepared for the fact that the procedure of “farewell” to the card will take a considerable amount of time – from one to two months. In addition, usually this process is also artificially delayed by the bank employees themselves. Either the computer program does not work, then there are no blank forms, or suddenly the wet stamp is lost;
5. Request all copies of documents related to termination of the contract. The most important piece of paper for you is a copy of your application to cancel a credit card with a note from the bank that it has been accepted for consideration (signature of an employee and seal of the bank). Or any other option for written confirmation that the bank is aware that the client has decided to refuse the credit card. Otherwise, saying goodbye to your credit card may drag on forever...
6. Ask your employee about the deadlines for each procedure (for example, closing a card account). After this period, call back and clarify whether the long-awaited event has occurred.
7. At the finish line, you will receive an official certificate from the bank about your “divorce.” This will protect you from possible claims from the bank in the future.

employee of the personal lending department

Any funds borrowed from the bank must be repaid. But for a long time you can pay on a credit card without interest. To do this, you need to know the size of the credit grace period.

Not long ago one of my readers asked a question that subsequently became very popular. It sounded like this: “Is it possible to get a refund for a product purchased.

It's no secret that the credit culture in our country leaves much to be desired. Our people quite seriously believe that because of some unfortunate 1000.

Free legal advice:

How to properly refuse a Sberbank credit card

If the process of applying for a credit card is quite simple and does not take much time, then refusing a credit card requires additional effort.

There is no need to destroy the card yourself. If you simply cut the card, you will not close the bank account, and the commission will still be charged. How to refuse a Sberbank credit card?

If you decide to refuse a Sberbank credit card, first of all you need to make sure that there is no negative balance on it. Even the slightest amount outstanding will be considered overdue and will lead to the accrual of fines and penalties, which will ruin the client’s credit history.

If you refuse a credit card, you must take the credit card to a bank branch. Next, you need to write a corresponding application for refusal, providing a copy of your passport. In this case, you should make sure that the card is destroyed: a bank employee must cut it in front of the client.

Free legal advice:

Of course, Sberbank confirms that you can contact any bank branch, but it is possible that the client will be sent to the branch where the credit card was issued. That is why if you have the opportunity to contact the office where you were issued a credit card, it is better to go there immediately.

If you want to refuse your card due to its theft or loss, you must immediately block it by calling the hotline.

By phone you must provide your passport details and a codeword, which you indicated when concluding the contract

Causes

If you intend to refuse your Sberbank credit card, you must remember that you cannot simply destroy or cut it.

• A credit card is the property of the bank that issued it. That is why, after the card’s expiration date has expired, it must be returned to the bank.
• A credit card and a bank account are two different things. The card can be destroyed, but the bank account cannot be closed.
• According to the conditions for issuing most credit cards, a service fee is charged, and if you do not close the credit card, Sberbank will continue to charge the commission. If the commission is not repaid on time, penalties will be charged on the amount owed.

Algorithm for how to refuse a Sberbank credit card

The method of closing and refusing a credit card depends on the method of obtaining it.

Free legal advice:

Break the contract

How to cancel an activated Sberbank credit card? If you activated a credit card and used it for some time, you need to terminate the agreement with the bank and close the credit card. To do this, you need to completely repay the debt on the card, i.e. legally return the money that was spent. Next you need to go to a Sberbank branch.

It is better to contact the office where the credit card was issued. When contacting an employee, you must present your passport and ask to close your credit card. The employee provides the client with the appropriate form to fill out, on the basis of which the contract will be terminated.

After filling out the above form, the bank employee must destroy the credit card in front of the client.

It is also necessary to remember that the expiration of the credit card does not entail the termination of the client’s credit obligations.

In such a case, the bank issues a new card, and the client must fulfill all his credit obligations. That is why if you intend to close the card, you need to take care of this in advance. Otherwise, you will have to pay an additional amount of money to issue a new card.

Free legal advice:

Bypass the imposition

Sometimes credit cards are simply pushed on customers. What to do if you are forced to use a credit card?

If the credit card has not been activated, then you can bypass the bank's impositions. When a client is offered to issue a credit card, he can simply refuse and not sign anything: in this case, a credit relationship with the bank will not arise.

If the credit card was sent via mail, then you do not need to activate it: you can simply destroy it or cut it in half. This way you can get rid of it.

Where can I get credit cards using my passport? instant decision and with what percentages - read the link.

Types of protection

If you have closed a credit card from Sberbank, you must provide certain guarantees:

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After termination of the contract

If you wrote a written application to terminate the contract, and then received written confirmation from the bank, then you must save the text of the confirmation. This will help to avoid problems that may arise in the future.

If the credit card was lost, then the process of blocking and closing it is different. In this case, you need to call the bank's hot number and block the credit card by entering your password and passport details. After closing the credit card, you need to contact law enforcement agencies and write a statement that will help you recover the lost funds.

A credit card can also be lost abroad. Even in this case, it is necessary to block it.

Sberbank does not leave its clients abroad without money; if the card is lost, the client can use the emergency cash service

Before you apply for a credit card, you must read all the terms and conditions of its provision. Particular attention should be paid to the interest rate, service tariffs and commissions when cashing out funds. It is also necessary to take into account the fact that the bank is a financial organization that requires payment of penalties and fines for late payments on the loan.

Free legal advice:

Today, bank employees are imposing credit cards on citizens, telling them about all the beneficial aspects of their design. Is it legal to impose? In fact, you can advertise a product, but you cannot force it.

If you are forced to use a credit card and you do not want to use it, then it is better to refuse in advance, do not provide a copy of your passport to an employee of the organization, and also do not sign any documents.

If in a store or supermarket where they offered to issue a credit card, the client gives his written consent, then to refuse the credit card, you must contact the bank branch and fill out the appropriate application.

If you received a “gift” by mail, you should not activate it. You can simply destroy the card. But at the same time, we recommend calling the bank and notifying them of the credit card cancellation.

Free legal advice:

Read here where credit cards for students are issued and under what conditions.

The bank itself may also stop servicing the card. A similar situation is possible in cases where changes have been made to service tariffs or the bank has stopped issuing this type of credit card. Of course, in this case, the bank notifies the client about the closure of the card and offers to issue a credit card under other conditions.

Reviews (5) on “How to properly refuse a Sberbank credit card”

At the store they forced me to use a Sberbank credit card. The employee spoke so colorfully about all its advantages that I couldn’t restrain myself and decided to apply for it. But since I’m not a fan of credit cards and don’t really use them, I decided to close them. I have completely paid off my card debt. I also wrote a corresponding application to cancel the credit card. I handed the credit card to the bank employee and returned home with a calm heart. A few days later I went to my online bank, and the credit card was visible there. I contacted the bank. They assured me that the credit card was closed, but for some reason it was still visible in my personal account in the online banking service. They still couldn't solve my problem

This is the situation I faced: I applied for a Sberbank credit card, but did not use it. Why pay fees if I don’t use the card? So I decided to close it. I contacted the bank and they said that I needed to write a written statement of refusal. So I did. Wrote. The card was immediately cut before my eyes. But some time passed: it turns out that the account that was linked to this card was not closed. None of the employees could really explain anything. Extremely dissatisfied. I will never use this bank again

I had a Sberbank credit card. I didn't use it much and decided to close it. I contacted the bank, paid the amount owed and filled out an application. I handed the card to the bank employee, who cut it. That's all. I don't have a credit card anymore. The process itself took only a few minutes. Very pleased with the bank and service staff

Free legal advice:

Some time ago I applied for a credit card from Sberbank. I only used 600 rubles and decided to close it, since in principle I don’t need it. I called the call center to find out details about how to close the card. Everything was explained to me thoroughly and well. I paid the amount owed and wrote a written statement to the bank. Before my eyes, the employee cut the card. They also provided me with a certificate stating that I am this moment do not have any debts. Very pleased with the service. All the employees are nice and polite, unlike some banks.

Extremely dissatisfied with the service and the bank in general. I don't understand how this can be. I receive my salary through a Sberbank card. A few months ago I also signed up for a credit card, but since I didn’t really use it, I decided to close it. I contacted the bank, wrote a corresponding statement, and the card was cut in front of my eyes. Some time has passed, I go to my online bank, and the card hangs there. It turns out it wasn't closed at all. I contacted the bank. After a lot of confusion and showdowns, we managed to close the card only 2 months after the application. I don't recommend it to anyone

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Free legal advice:

How to close a Sberbank credit card, what to do and how to refuse if forced

Many Sberbank borrowers sooner or later begin to think about how to close a Sberbank credit card. It is this issue that will be discussed in detail below.

Sberbank is the largest commercial financial organization in Russia, the activities of which are almost completely controlled by central bank Russia. Savings bank provides a wide range of services, and one of the most popular is the provision of loans through a credit card, which employees offer to the client when he issues a debit or salary card. Many agree to this, often imposed, offer, however, they soon decide to get rid of the card, pay off their debts and close it completely.

Basic and additional methods

There are two types of closure:

1. Blocking only the plastic card number (the personal account is preserved). As a rule, this is done when re-issuing “plastic”.
2. Simultaneous closure of the account and credit card number.

• phone call;
• Sberbank Online service;
• personal application to the department.

Having decided on the type and method, you need to prepare everything to properly cancel your credit card. To do this, let us recall some features of this process:

Free legal advice:

• First of all, you need to remember that the card balance must be zero. If you have debts, they must be repaid, otherwise the credit card will be denied. If the balance is positive, additional fees will apply;
• Using a phone call or the Internet, only the credit card itself is blocked, and the personal account remains valid;
• You can completely close the card only by contacting a bank branch.

The process of closing a Sberbank credit card:

• If the balance is negative, the borrower must repay the entire debt;
• Next, write an application to close the card and account on it;
• The “plastic” is personally handed over by the owner to an employee of a financial institution, who immediately destroys it by cutting the magnetic strip in several places;
• The manager draws up an act on the termination of debt obligations. A copy of the document is given to the borrower (it is better to keep it).

It should be remembered that the procedure for canceling a Sberbank credit card lasts about a month, especially if you do it ahead of schedule.

If there are personal funds in the account

In this case, the money will not be lost when closing the credit card. The manager will advise the client when he will be able to receive his funds from the bank through a cash desk or via electronic transfer.

When the card expires

Sometimes the bank itself extends the account servicing period, which can become a significant problem for its owner. If you do not need to receive the card again, you must inform the bank about this. This is done in writing, five days before the end of its operation. Otherwise, the reissue of “plastic” occurs automatically; it is sent to the holder by mail, when he himself does not even think about it. The result is the formation of debt in the form of a service fee.

Which office should I contact?

Having decided to refuse a credit card, you need to choose a bank branch where the entire procedure will be carried out. Cards are closed at any Sberbank branch that is convenient for the client.

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Preparing to close a credit card and submitting an application

As mentioned earlier, before contacting the bank with a request to close, you need to make sure that there is no debt, otherwise the bank will simply refuse to block.

After making sure that there is no debt on the card account and choosing a convenient lender branch, the borrower can contact the bank with a message about the intention to close the account and block the card. Based on the client’s passport and his “plastic” number, a bank employee draws up an application, which is signed by the borrower.

Important: if you have a debit card, you need to return the funds that are on it. In this case, when submitting an application, it reflects the bank’s obligations to return the funds to the owner (by transfer to another account or by issuing at the cash desk).

Credit card blocking process

If a client wants to get rid of plastic only, while maintaining the account, it will be easier for him to do this via telephone or the Internet.

In the first case, you need to call the hotline number: -55-50. Here the client will need to indicate his desire to block the card, his passport details and credit card number. Next, the operator asks for a code word used to carry out transactions and known only to the card holder. Now all you have to do is wait a few minutes and the blocking will be completed.

The second option involves authorization of the “Personal Account” in the Sberbank Online program. Here the card holder selects its number and the “Block” button. Next, the operation must be confirmed by typing the secret code received on the client’s mobile phone via SMS message.

Free legal advice:

It should be remembered that blocking a credit card does not mean closing it. The client can completely close the card account and terminate the contract for its servicing only in person by coming to a bank branch.

Closing the Momentum credit card, Visa Gold, Platinum from Sberbank

To close credit cards Momentum, Visa Gold (Gold), Platinum, its owner must contact the branch where the credit card was issued. If this is not possible, you can contact another department, however, the closing procedure will change slightly.

The client must submit two applications simultaneously: to close the existing account and to transfer the remaining funds from it. To do this, another account will be opened, which will need to be closed after withdrawing the transferred money.

When closing Momentum, the client is not required to hand over the “plastic” to bank employees for destruction.

Early closure of a Sberbank credit card

Despite the fact that the cards are valid for three years, owners can close them early by prepaying the entire debt. You can find out the exact amount of debt by contacting an employee of any bank office, logging into your personal account, or calling hotline.

Free legal advice:

After repaying the debt, the borrower must also submit an application to close the card. You should also disable all services connected to the “plastic”: SMS alerts, insurance, mobile banking applications and others, otherwise their provision may result in charges additional interest on loan.

The settlement of all activities related to transactions and account closure is carried out by Sberbank within thirty days from the moment of destruction of the “plastic”.

The final step in closing a credit card is issuing a certificate confirming that the client has no debt to the bank and that the credit account is closed.

conclusions

Having decided to stop using a Sberbank credit card, its holder needs to properly repay the credit card and close it. Many people think that it is enough to simply throw away the “plastic”, however, they are mistaken. Even if the credit card is not active, the bank continues to service it. That is why, if the borrower does not intend to use “plastic” in the future, the issue of closing it should be resolved with special responsibility.

Please tell me how to refuse a Sberbank credit card if I haven’t activated it, but they sent me an SMS that it was activated for me. At the same time, they said that until I activate it myself, there is supposedly no money in the account. Thank you.

Free legal advice:

How to refuse an imposed Sberbank credit card

Getting a credit card is quite simple - most large banks offer borrowed funds with instant release plastic product. Having started using a Sberbank card, borrowers sometimes do not imagine how many difficulties await when closing it. It makes sense to carefully consider the bank’s offer before signing the application for issue, since it is easier to refuse a Sberbank credit card at the very beginning rather than go through the tedious procedure of terminating a loan agreement.

Reasons for closing the card

The credit card holder is recommended to study the process of completely closing the card immediately when signing the application for plastic. In this case, the borrower will have accurate information on how to properly terminate the contract, without any financial troubles.

There are several reasons for contacting a bank branch if the client has decided to close the credit line and terminate the contract:

1. The issuing bank is the legal owner of the issued product and has every right to demand the return of the plastic upon expiration or termination of cooperation.
2. You should distinguish between the card number and the card account number. Some plastic holders do not know that each plastic payment instrument has its own bank account. Therefore, simple destruction or damage to a credit card will not entail automatic closure of the account.
3. For certain types of plastic, the bank may charge interest for servicing. Since it was not possible to refuse the bank card at the time of its issuance, the borrower will be forced to pay amounts in accordance with the bank’s accepted tariffs as a fee for its servicing.
4. Before closing the card, you must make sure that everything financial obligations fulfilled to the creditor down to the penny. Overpaying on a credit card can also result in additional service charges. And if in the case of regular credit cards the monthly fee may be small, then in the case of a gold or other privileged card the costs can increase significantly.

How to behave when asking for a credit card

Not all borrowers know whether they can refuse a credit card if bank employees persistently offer them. Recently, a widespread practice has developed - whenever a client contacts a bank, they impose a credit card on the client, telling about its advantages and advantageous points, while the bank client does not at all feel the need for borrowed money Oh. Many clients agree to get an imposed credit card just in case, and then, at the slightest need, start using available limit funds.

Free legal advice:

On the one hand, the client solves his current needs, but on the other hand, the bank stimulates demand for its services by charging interest and fees for various connected services for each ruble used. As a result, the client has growing financial obligations to the bank, which sometimes grow like a snowball - while paying the minimum amount on the loan, the borrower continues to use bank funds, increasing the total debt, and increasing his monthly payment. You should be especially careful and control your finances so as not to end up with an unaffordable debt to the bank.

The best protection against the sad consequences of growing debt will be to refuse a Sberbank credit card at the stage of its offer by a branch specialist. If the client agrees to accept the credit card, he automatically agrees to the terms of the loan. And in the future it will be much more difficult to refuse the card.

If, upon arriving at a bank branch, the client is faced with the imposition of an additional service, when the card has already been prepared and is asked to sign an application for its issuance, it is necessary to notify the bank management in writing about the refusal of plastic, referring to the provisions of the consumer rights law prohibiting the imposition of additional goods or services when requesting specific other products.

If the card is offered to a citizen directly at the branch, it is recommended to immediately refuse to sign any papers related to its issue. This will avoid further troubles.

Some banks practice mailing plastic products with a pre-approved borrowing limit. If the recipient does not plan to use the loan, it is recommended to immediately damage the magnetic tape applied to the plastic, preventing any further attempts to use it; you cannot activate the card.

Free legal advice:

If the client has already given his consent to receive a credit card, but has not activated it, he must come to a bank branch and write an application to cancel the credit card. It is necessary to check whether there have been any write-offs from the card account during the period of ownership of the plastic card, and if there are expense transactions, reset the debt to the creditor. Perhaps the bank has already written off certain amounts for servicing or issue.

The bank can block and close the credit line independently, but it is important that the plastic has not been activated previously. Closing the account and terminating the contract is possible if the client has not taken advantage of the offer within 6 months, and card servicing was free.

Closing an active credit card

If the credit card has been activated and the client has already used bank money for a certain time, it can be closed by performing a more labor-intensive procedure.

The basis for terminating the agreement with the bank will be contacting the bank and writing an application. When the plastic holder refuses it, a minimum package of documents is required: plastic product, civil passport, application. Additionally, you will need a document confirming the absence of financial claims against the borrower from the bank. This means that all debts on the loan must be repaid in advance.

If at the time of applying to close the plastic card, the card balance remained negative, you will need to first deposit the exact amount of the debt, and then wait for the funds to be credited to the credit card account. Only after the funds have been credited and the latest information is reflected in the bank’s information base will the client be able to receive a confirmation certificate of no debt.

As a rule, the bank automatically extends the agreement unilaterally, and after the expiration of the first card, initiates the issuance of the next one for a new term. To avoid receiving new plastic, the borrower pays off the debt and writes an application to cancel the credit card.

Free legal advice:

Sequencing

In the process of closing a credit line, borrowers follow a single course of action. If you follow this sequence, neither the client nor the bank will have problems:

1. Find out the exact amount of the debt and make payment on the day the current balance is clarified. If you make a payment a day later, the bank will write off a new amount as loan servicing and you will have to replenish the balance again and wait for crediting.
2. After the funds appear on the account, the client contacts the branch employee and informs him that he is refusing the credit card. Termination procedure credit relations is carried out in the same department as the issue.
3. The bank employee prepares the necessary papers for termination of cooperation and hands over the documents to the borrower for signing.
4. After signing the closure agreement, the client hands the card to the branch employee and is present when it is destroyed. As a rule, bank specialists cut the plastic or break the integrity of the magnetic tape using a hole punch.

For security reasons, it is strongly recommended that you contact the bank again, asking for a certificate confirming the closure of the credit line and the absence of debt. Such a certificate is not always issued immediately; in some cases, the client has to wait calendar days.

Sberbank credit card agreement

Why should a loan agreement be read before it is concluded? Many borrowers sign it without even reading it. This is a big mistake. The loan agreement is the most important and most important document related to loans. It should be read carefully, completely inside and out, and more than once. What should be written in it, how to terminate the agreement on a Sberbank credit card, read on.

Sberbank credit card agreement: basic provisions

For each individual agreement, Sberbank applies General terms which are valid on the date of its conclusion. Follow the link - Universal Agreement banking services. The bank also sets individual conditions, which reflect the following parameters:

• card type;
• currency of the credit account;
• credit limit (in account currency);
• credit term;
• duration of the grace period;
• % bid;
• % rate during the grace period;
• min. monthly payment.

The loan agreement describes the procedure for issuing, re-issuing, returning and recycling a credit card, as well as the possibility of connecting to mobile services. More specific parameters can be found at a Sberbank branch before signing a loan agreement.

What clauses of the agreement on a credit card of Sberbank, as well as other banks, should you pay attention to first of all:

• the right to early repayment of the loan; the bank may limit this right for up to 6 months;
• the amount of principal that you will repay on an ongoing basis;
• various commissions;
• participation of third parties;
• availability of insurance payments;
• ways to resolve controversial situations;
• the possibility of changing interest rates unilaterally;
• conditions under which the bank has the right to repay the loan ahead of schedule;
• entry in small print.

Sberbank credit card agreement: sample

On the Sberbank website there is a standard sample agreement in in electronic format you won't find it. The paper version is provided at the bank office itself. It reflects the following main points:

• Subject of the agreement.
• Rights and obligations of the parties.
• Loan collateral.
• Special conditions.
• Responsibility of the parties.

How to terminate an agreement on a Sberbank credit card

The agreement is considered terminated after the credit account is closed. The law does not provide for restrictions on the client’s rights on the part of the bank to terminate the contract.

Procedure for closing a credit card account:

1. First find out if there is any debt.
2. Fill out the application form for closing a credit card. After the bank reviews the application and closes the plastic account, it will inform you about this via SMS. The application processing period is 45 days, as recommended by the Central Bank. This is necessary to resolve disputed transactions and pay off debts.
3. Obtain from the bank a document confirming the closure of the account and termination of the loan agreement. The certificate must contain information about the absence of debt to Sberbank.
4. Also take care to disable paid services on the card. Otherwise, a commission will be charged for these services.

Refusal from Sberbank credit card

Sberbank employees say that applying for a credit card takes five minutes. But giving up a credit card is not so easy. The account must be closed, so just cut plastic card and thinking that the Sberbank card is closed will not work.

Key features of the procedure

Before canceling your Sberbank credit card, you will need to make sure that all loan obligations have been fully fulfilled and there are no debts to the bank. It is important to know that even the slightest debts can trigger additional fines for the cardholder.

To permanently close the card, you will need to personally go to the Sberbank branch where the card was opened and contact a free consultant.

Then fill out a sample application about your desire to close the credit line and attach a scanned copy of your passport to it. A bank employee will be required to accept the application and destroy the plastic in front of your eyes (usually he simply cuts it in half with scissors).

Sberbank itself says that you can contact any branch that is closest to you. But there is a possibility that bank employees may direct you to the branch where the agreement to open a credit line was concluded. Therefore, if possible, it is recommended to immediately go to the desired Sberbank branch.

It is also important to note that if the credit card has been stolen or disappeared, then it is necessary to immediately block it before closing it. This can be done in several ways, the most convenient of which are: with the help of a consultant, by calling the hotline number and through your personal account in Sberbank Online.

Possible reasons for refusing a credit card

It is important to know that it is important to document the refusal of a Sberbank credit card and simply cut the card at home. There are several good reasons for this:

1. A plastic card is the property of the bank that issued it. When the expiration date simply expires, the plastic must be brought to the bank branch.
2. The card is linked to a credit account, but simply destroying the media cannot close the account. Plastic is only a tool for accessing the account.

It is also important to take into account that after closing the credit card, you should obtain a document from a bank employee that confirms the absence of debt.

This is due to the fact that some organizations charge additional fee for servicing the credit account. And if you do not close the account, interest will still accrue.

Thus, the debt to the bank accumulates like a snowball. Then it will not be possible to close the card without problems until the debt is fully repaid.

Procedure for closing a bank account

Depending on how the card was issued, the method of closing it may vary. Let's look at the formal closing process.

Even if the card has already been used several times after activation, it can be closed without any problems. To do this, you need to be prepared for the fact that you will have to completely repay credit debt(if it exists) and only after that go to one of the bank branches.

Although Sberbank says that you can go to any of its branches, employees can still refuse to serve the client and send them to the branch where the agreement with the bank was signed.

This may be a little inconvenient, but the risks of wasting time will be minimized. To clarify the details, before contacting the bank, it is advisable to consult with a customer support employee by telephone.

It is worth noting that a bank employee may require you to show your passport, so you will have to take it with you. After this, he will offer to fill out a special service refusal form, on the basis of which the account will be closed.

Then the plastic carrier will be destroyed, the employee is obliged to do this in front of the client. It is also recommended to make a bank statement stating that you have no debts left, this will help to avoid unclear situations in the future.

It is also important to remember that after the card expires, the account is not automatically closed. If there is an outstanding loan on the account, then the client’s obligations are not removed, while a new card is automatically reissued.

Therefore, before you refuse to receive a Sberbank credit card, you will first have to pay off all debts and only then write an application for its final blocking. This will help avoid the need to repeatedly pay the bank for issuing a new card, which in fact is not needed by the owner.

Refusal of an imposed card

Many regular customers who are holders of salary or simple debit cards are often offered a gold credit card on favorable terms.

If this happens and somehow they still send you a credit card, you simply can’t activate it. Then the refusal process will be greatly simplified to just a few steps: destroy the card or simply bring it back to the bank.

If it has nevertheless been activated, then you will have to go through the entire procedure of closing a credit account by contacting the bank in person and writing an application. Before you refuse your Sberbank gold credit card, it is important that you have no debt on it.

What's next?

After writing the application and destroying the credit card, the account will not be closed immediately. You will have to wait another 30 to 45 days until it finally closes, and here you still need to observe some nuances.

For example, if additional paid services are activated on the card, you will need to disable them first or ask a bank employee to help do this.

The remaining balance will be available at the cash desk after the final closure of the account. Then all that remains is to pick up a certificate stating that the contract has been terminated.

My father-in-law received an unnecessary credit card: when making a payment in Sberbank, a nice girl - an operator - chatted up a client who was tired before the holidays and issued a card, assuring that it was not activated and was given to the client just like that, just in case of emergency. As a result, the card turned out to be active and the father-in-law was tortured to cancel it; there was absolutely no need for an extra credit account.

I am no longer satisfied with the services of Sberbank. I searched on the Internet for ways to get rid of them. I won't criticize the bank too much. I found what I was looking for in the article, it was briefly and clearly presented, everything I needed. I have one minor question: Is it possible to terminate the contract before 30 days? 30 days is a lot long term for me, is it interesting that this is the case everywhere or only in Sberbank?

I recently decided to close my bank card account, but naturally a lot of problems arose with this, namely related to documents. I needed a photocopy of my passport, but most importantly, it took a lot of time to find the branch where I issued the credit card. Six Once, having visited various branches of Sberbank, I still found the one I needed and closed the account there without any problems. It is worth noting that the employees of each branch were polite, for which, of course, many thanks to them.

Termination of a credit card agreement

If you've finally decided not to use a credit card anymore, getting rid of it won't be so easy. Even if you cut the plastic card into small pieces or burn it in the fireplace, according to the laws you are still its owner and bear full responsibility for the transactions performed.

Terminating a contract is important

After attracting a client, banks are not at all interested in him leaving, because termination of a credit card agreement can spoil the overall statistics and performance of the organization. Thus, concluding a credit card agreement is much easier than terminating it. Therefore, it is better to spend a little of your time and say goodbye to your credit card once and for all.

Of course, you can simply place the unnecessary card in the far corner of the closet or in a book that has been on the shelf since your student days. But even if you yourself forget about the credit card, your bank will never. He will regularly remind you to write off the monthly fee for account maintenance, mobile banking or other services that you may not even know about.

These small amounts can be automatically withdrawn from a credit card for months or even years, and the debt to the bank can become quite significant.

Main points of termination of the contract

And if you don’t want to one day hear an unfamiliar voice on the phone telling you a debt amount equal to half your salary, you need to terminate the credit card agreement. The following tips will help you with this.

1. It is impossible to terminate the contract without the plastic card itself, so you should return it to the bank, where it will be destroyed in front of you. If a credit card is lost, this fact must be documented.
2. Credit card debt, including all scheduled payments, late payments and fees, will need to be repaid. Some banks also provide additional costs in connection with closing a card account.
3. It is always worth checking with the manager what services are attached to the credit card and whether you need to submit an additional application to cancel them.
4. Be prepared for the fact that the contract termination procedure may take from one to two months. Sometimes this period is also deliberately extended by the bank employees themselves: either the application forms have run out, or the database does not work, or the seal has suddenly been lost.
5. Take with you all copies of documents drawn up upon termination of the contract. The most important paper is a copy of the application for refusal of a credit card with a note from the bank about its acceptance; it must contain the employee’s signature and the bank’s seal.
6. Check with a bank employee for the maximum duration of the entire procedure. After this period, ask by phone whether the contract is permanently terminated.
7. The last step is to receive a certificate of termination from the bank, which will protect you from any claims in the future.

Three steps to properly close a Sberbank card: credit and debit

Questions on the topic “how to close a Sberbank card” constantly arise among clients of the largest bank in Russia, which indicates an increase in the literacy of the population regarding credit and debit cards. In articles on the site, we have repeatedly pointed out the need to close cards, especially credit cards, and have devoted a separate material to this, which we recommend that you read. And in this article we will cover this topic in detail for Sberbank cards and give answers to some FAQ

Three important steps in closing a Sberbank card or what the primary sources say

Let's start with a small but very important clarification - when we talk about closing a card, we are talking about closing the Sberbank account (card account) to which the card is linked.

In accordance with the banking service agreement (BSA), after the bank receives an application to close a card account, all cards (as well as additional ones) issued to the account being closed by the client are blocked, declared invalid and must be returned to the bank (clause 8.9 of the BSA).

Thus, your first step in the closure procedure is to visit a Sberbank branch and write an application to close the card account.

As you can see, you will have to return your card to its owner (Sberbank), but if you are a holder of Visa Electron or Maestro cards (and other card products of budget categories), then you do not have to hand them over to the bank (according to the comments on the official website of Sberbank) .

It is generally very simple to sever relations with Sberbank - it is enough to terminate the banking service agreement with a written statement and, according to clause 8.7 of the RBS, this is the basis for closing all client accounts. But this method is not entirely suitable for us, since the client may still have savings accounts, deposits, etc.

This leads to the second step - full repayment of the debt on your card. If the bank owes you (there is a balance on the debit card), then it undertakes to transfer the money to another account or give you cash. By the way, there are restrictions on cash withdrawals at Sberbank.

The third step is no less important: obtaining a certificate from the Sberbank branch confirming that the account is closed and that there is no debt on the loan (for details and an example of such a certificate, see this article). It is better if it is sealed with a blue seal - this is already an official document and the best evidence in case the bank has various claims against you (in the form of unpaid debts).

The card account is considered finally closed after submitting an application, repaying all debts and fees (including overdraft - see below), settling disputed transactions (card transactions) within 45 (forty-five) calendar days:

• from the date of delivery of the card or from the date of expiration;
• from the date of submission of the application for closure of payment cards Visa systems Electron or Maestro;
• from the date of filing statements about the loss of the card.

Usually, upon account closure, you are notified by SMS message.

Closing a debit card

Refusal of a debit card is carried out according to the above 3 steps, but you need to pay attention to the following points. An overdraft service can be opened on a debit (payment) card, i.e. the ability to take out a loan in excess of the amount present in the account. Failure to repay an overdraft debt on time can lead to significant penalties (especially if the contract has been violated for a long time), which can affect the holder’s credit history and the amount of the debt at the time of closing.

Another point is the so-called technical overdraft, when additional bank commissions (SMS notifications, currency conversion, ATM withdrawals) can “drive” your account into a slight minus. Don't forget to monitor the status of your card account.

How to close a Sberbank credit card

In accordance with the “Conditions for issuing and servicing a credit card of OJSC SBERBANK OF RUSSIA” for a credit card, the period for complete closure of the account is 30 days (may be slightly increased) after repaying all debts and submitting an application:

• from the date of delivery to the bank of the last valid card issued for the card account;
• from the date of delivery of cards from expired actions;
• from the date of filing the application for the loss of the card;
• from the date of submission of the application for closure of instant credit cards.

It is not necessary to hand over the Credit Momentum instant credit card to the bank. At the end of its validity period, the bank issues a personalized card linked to an existing account, so if you do not want this, then be sure to close it.

Correctly closing a Sberbank credit card is just as important as a debit card. You need to disable all paid Additional services(SMS notifications, possible insurances, annual maintenance fees, etc.) so that it is not clear where the debts came from. It is also necessary to refuse to re-issue the card (the bank may well issue it for a new period), as this will lead to additional costs.

Answers to popular questions

Question: What should I do if my Sberbank credit card expires and my loan on it is not repaid?

Answer: If your card loan has not been fully repaid or you do not have time to repay the entire debt before the card expires (including Credit Momentum), then you need to come to Sberbank and write an application for its reissue for a new term. In this case, your current (card) account remains the same and all loan obligations remain with you. The new card is linked to the same account.

Question: How to close a Sberbank card online via the Internet?

Answer: It is not possible to close a debit or credit card online via the Internet; this can only be done by visiting the nearest bank office. Via the Internet (via Sberbank Online Bank or mobile bank) you can only block the card.

Question: How to close a Sberbank card in another city in Russia?

Answer: If you are in another city and cannot visit the office where the card account was opened, then the actions for you when canceling the card will not change. In the same order, you write an application for closure and additionally fill out an application for the transfer of funds from your debit card or credit card account to the account you opened in the bank at your location.

If you have any more questions about the procedure for refusing a Sberbank card, then ask them below.

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168 Comments on “Three steps to properly close a Sberbank card: credit and debit”

Hello, please tell me, my debit card has been seized, I haven’t used it for more than 1.5 years, can I close my bank account and refuse the card, I won’t have the account anymore use the map too, but for annual maintenance charge?

As far as I know, if a card is seized, it cannot be closed. And for the service they will charge a commission according to the tariff in any case.

Good evening! Today I tried to close my credit card account at a bank branch. I was told that this kind of operation would not work. Tried it several times. Tell me if there are any reasons why it is impossible to close the account. Or was there simply a glitch in the bank branch system? Thank you!

Apparently there was a glitch. Try to contact the bank branch again with the same request. If it “fails” again, then ask to call a senior manager or manager and write a complaint.

Good afternoon. I don’t know what to do: the card (youth) was opened in another city using a different identity card, in the city of current residence, Sberbank employees ABSOLUTELY refused to close the card using another document (although all the personal data are exactly the same). The old document cannot be restored. it is not subject to. “Sberovites” were sent to the city where they received the card, but there was NO opportunity to go there for 17 hours. Yes, this is funny to tears! How to be. There aren't even any funds on the card

Are we talking about a credit or debit card?

Hello, I am in Israel and my Sberbank debit card has expired. How can I extend it from abroad? There is money left on the card.

Hello. You will not be able to extend the validity period of the card, you can only get a new card - the account will remain the same. But to do this, you will have to visit the bank in person or issue a power of attorney at the Consulate General for another person to receive a reissued card.

How to withdraw money from a card if an application to close the account has been written and 30 days have not passed yet?

You can withdraw money from your card account at the bank - take your passport with you. In theory, after writing the application, you should be given all the money from the account or transfer it to another card/account.

Pay attention to the Tinkoff Black Bank debit card. It can be made completely free by connecting to the 6.2 tariff - a very worthy card, by the way.

Good afternoon I applied for a debit card at Sberbank to receive a pension a year ago. For family reasons, I left for Ukraine. I don’t have the opportunity to come to Russia to close the card. What to do?

You don't have to do anything. You don’t have to close your free debit card. But it's better to block it!

Good afternoon. I received a Momentum card in one city, now I live in another, the validity period has expired, now I can’t close the account and receive the remaining funds, they require a personal visit to the branch where the card was received. Isn't it possible to do this through the local branch of Sberbank? I applied three times and was refused.

If we are talking about a debit card, then the bank declares the possibility of closing a card account in any city where there are Sberbank branches in answers to frequently asked questions (http://www.sberbank-ru.ift.sberbank.ru/ru/person/bank_cards /faq). Apparently, employees do not want to bother themselves with unnecessary troubles. Request an application form and call a senior manager. If you refuse, write a complaint, including in the book of complaints and suggestions - they don’t like that.

Good afternoon. The contract with Sberbank was terminated, all accounts in my name were closed (individual entrepreneur and salary account). In this case, how can I pay with a credit card?

Good afternoon. You can deposit money into your account in the terminal or choose any other method of replenishing your credit card. You can also transfer money from card to card (how can I do this for free?).

In March of this year, I ordered a youth card with an individual design online, then I thought that I didn’t need it and did not pick it up from the Sberbank branch.

A month ago I contacted Sberbank and wanted to know if the card was still there. I was told that there were no cards in my name. Then I designed a new one, without the individual design. I connected the online bank, and there, in addition to my New card, there is also a TA with a debt of 650₽ (500₽ for design and 150₽ for service). The consultant said that my card was not activated, so I don’t owe the bank.

Tell me what to do? Is it possible to close a card account without paying off the debt?

Good afternoon. Go to the branch and ask to close the account to which your unissued card is linked - the operator can do this in a matter of minutes, just explain the situation to them again. Since you did not receive it, you should not pay for it, as the consultant told you. Or call the Sberbank hotline with a request to close the “suspended” account. I think that everything will work out for you without any statements or other formalities.

Hello. Help me please. The bank put my debit card in the red. (-200 rubles). I'm under 18 years old. Is it possible to avoid paying this amount?

How did the bank take your card: they withdrew the amount for the annual service when there was no money in the account, and an unauthorized (technical) overdraft appeared on the card? Most likely you will have to pay this amount, since it is small - why do you need problems with the bank in the future.

I ordered a youth card from Sberbank. Later it turned out to be unnecessary. I didn’t sign an agreement, I didn’t pick up the card, I opened an account with Sat online with a minus for the annual service. I'm under 18. There is another card. What needs to be done so that funds for this card are not debited from another?

Call the bank and describe the situation, they may charge you an annual service fee, because you didn’t even receive a card. At the same time, read the rules for issuing and servicing a youth card - it should state in which cases the bank withholds the annual service.

Hello! In August 2016, I issued a VISA Classic credit card for the amount of rubles. On July 11, 2017, the credit limit was reduced to rubles, because I didn’t use this card. Today I found out when I went to Sberbank Online that 750 rubles were deducted for servicing the card. For what? How to get the money back?

It will not be possible to return the legal annual service fee (the bank withheld it in accordance with the terms of use of the credit card). I recommend that you close the card if you do not use it.

Good afternoon. I am about to apply to close my debit card account. The card was lost many years ago, I did not use the bank’s services, but I suspect that the bank regularly continued to reissue the card on time and charge payments for account servicing. Is it possible that the accrued debt, if it exists, will be written off from me taking into account the “non-use” of the card and account? I’m ready to pay off the debt, of course, but if it can be avoided, why pay extra?

Good afternoon. First, call your bank and find out if there is any debt on your account. It is possible that you are worrying in vain, and the bank has long closed your account due to the lack of transactions with it for a long time.

Hello. Is it possible to close an account if the amount goes negative and the card along with the papers is lost? Is it possible to pay off the debt in cash?

First, at the branch, pay off the entire debt on the card through the cash desk (it’s better to consult with the employees in advance about how much you need to pay off), and then contact the employees with a request to close the account. You can do this and vice versa, they will still force you to turn it off.

The limit of 126 thousand on the credit card has been used up and now I have that kind of money and I can put it on it. After this, will I be able to close it or will I have to pay something?

Once you pay off your card debt, you will not have to pay anything. I recommend blocking the card and visiting a branch to write an application to close the card account.

Refuse the opening card

how to close a Sberbank card

You will find the answer in the article.

Hello! I have a question, Sberbank unexpectedly limited my credit card, now I can only use it to pay for housing and communal services. And that’s it. As it turned out, own mistake type overdraft debt 0.15 RUR

I went to the bank to find out and wrote applications; a year and a half has passed. Can I do something to revive the usefulness of the card. I'm already thinking about giving it up completely

If the bank itself cannot solve your problem, then all that remains is to close the card. Or seek the truth more actively - visit the branch and write a complaint (appeal). If you have a complaint number on hand, to which there is no response within 30 days, you can write a complaint, including on well-known banking sites, such as banki.ru.

Good afternoon) I have a question. I had a gold visa card, I wrote an application to close this card, but due to circumstances I need to return it back, is this possible? So what can you do now?

It is better to contact the department where you closed it directly with this question.

Hello. Tell me, is it possible to close a Momentum Master Card debit card account and immediately open another Momentum Visa debit account?

Good afternoon. It all depends on the availability of a momentum visa in the department. Usually you won’t be able to ask for free cards in Sberbank... There is one more point - you most likely won’t be able to open another card right away, since the procedure for closing debit cards is 45 days, according to the bank’s rules, and you won’t be given two instant cards at the same time - it’s not allowed. If I were you, I wouldn’t close the instant master card, otherwise you’ll end up with nothing.

Hello, I opened a classic card at Sberbank, but I lost the card before I had time to pay 750 rubles, my account had -750 rubles, and due to circumstances I was forced to leave. How can I pay and close the card if I am currently in another country?

What card are we talking about: credit or debit? First, block the card. The credit card can be closed using a power of attorney issued to your relative (friend, etc.) at the Consulate General.

Hello. You really have nothing to worry about in this situation. These are internal affairs of the bank and your employer, and you do not have to pay anything for open accounts within the framework of the salary project - for this, as they say, “has already been paid” by the employer.

After writing an application to close a Sberbank credit card (the employee transferred the funds on it to another account and cut the card in front of me), funds were written off from the card (while using the card, one service was tied to it). Is it legal to write off funds from an account after writing an application to close it? In the statement, the employee assured with his signature that the debts on this account I have no and no deferred obligations on it.

Good afternoon. After writing an application to close a card account, the card should be blocked and no debits should occur from it, apparently the bank forgot to do this - contact them with this question. Complete closure of the card account must occur within 45 (for debit cards) and 30 (for credit cards) days from the date of application. And only from the moment you receive a certificate about the closure of the account and the absence of debt, you should not worry about any write-offs from your former card account.

my son opened a visa card. maintenance cost 750 per annum. after 6 days he had to close it. but the money for the service was not returned to him. Did the Sberbank employees act lawfully?

In your case, you need to analyze what is said about this in the terms and conditions of banking services for a debit card (Appendix 1 as part of the UDBO). Here is an excerpt from the UDBO for March 2016: “The Bank charges the Client a fee for card servicing in accordance with the Bank’s Tariffs after the first transaction on the Card Account in the next current year.” If there was at least one transaction on the card, then the bank legally withdrew and took the money for servicing the card. In any case, analyze the latest version of UDBO (download it from the website)

Compliance has blocked all my cards. Can I close my accounts and withdraw my funds?

First you need to find out the reason for the blocking. It may be possible to close the accounts.

Good afternoon. I have several Sberbank cards. Their cards were seized by bailiffs, which I generally agree with. Accordingly, I cannot use the seized cards, but money was withdrawn from me for servicing them. The girls from the call center claim that I will not be able to close them until the debt is fully repaid. It turns out to be some kind of nonsense - I don’t owe money to Sberbank, I don’t have any debt from the savings bank. Can I close three out of four cards if there is no debt on them to Sberbank?

Good afternoon. You mean close cards whose accounts have been seized by the court. bailiffs? Most likely not, you will have to wait for the arrest to be lifted. Ask this question to Sberbank employees, perhaps they will answer more specifically.

The cards have a negative balance due to arrest. I contacted Sberbank and wrote to the soap. The fact is that I don’t need the cards now, I can’t use them, close them, apparently because of the arrest, but Sberbank doesn’t forget to take money from me for servicing - that is, they take money for services not provided, it turns out...

If you have a negative balance on your card, you simply will not be allowed to close this account. It seems logical.

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Here is the situation: in April 2016, we closed our Sberbank accounts and used the services of a platinum card. Six months later, we found out that there was a debt of 5,000 rubles and one account was not closed (there were five accounts), what should we do?

Have you received a certificate of no debt? If yes, then the bank has no chance. If not, then find out what’s wrong, that the service was not disabled in a timely manner. Write a complaint to the bank. I also recommend writing a review/complaint on the banking.ru portal - Sberbank employees are on duty there and can help in such situations.

In 2015 I got a VISA Classic EUR card. Valid until 2018. The first year of service is free. A year has passed. The card is no longer needed. Balance 0 EUR. But I missed the point, and the bank charged 15 EUR for the 2nd year of service. Now on the card -15 EUR. What is the chance to close the card account without paying this money?

The bank withdrew money for the next year in accordance with the terms of issue and service bank cards, so there is practically no chance of closing the card account and returning the money. But with such a request, you can contact the Sberbank help service, or even better, directly to bank representatives on their social pages or, for example, on banki.ru. They may well meet you.

Hello. It will not be possible to close an account remotely, but a power of attorney can be issued at the embassy. But in your case, there is basically nothing to worry about, especially since you have already closed the account. And then, you had a savings account (or demand account) opened, which does not involve payment for its maintenance, and not a credit card. Therefore, there will be no claims against you from Sberbank, and if you are afraid of them, then call the bank’s hotline, and the most The best way– find out your credit history. If it is clean, then there is nothing to worry about.

The fact is that I started the procedure of renouncing Russian citizenship, so I decided to close the account. Should it be closed in this case? Or can I have an account in a Russian bank without having Russian citizenship?

Sorry to bother you with such questions. I tried to find answers to questions on the Internet, but so far, except for you, no one has given anything intelligible in terms of a bank account.

Thank you very much, and first of all for your patience, because everyone has to repeat the same thing a hundred times.

Thank you and have a nice day.

At work, we were given a Visa Gold credit card along with a debit (salary) card (against my will, I did not order it). I didn’t use it, I wanted to close it, but Sberbank asked me for a debit card, supposedly in order to transfer some balances of funds to it. (What balances? It’s a credit card) Does Sberbank have the right to demand this from a client? How can I properly close a credit card?

Perhaps the employees acted according to instructions, because if you had a positive balance on your credit card (for example, you paid off a little more than you should have), then when you close the card account, the balance on it will be mandatory it must be transferred to your other account or given to you through the cashier. Don’t pay attention to these nuances, just follow the 3 steps described in the article. There shouldn't be any problems.

So the whole point is that I haven’t used the credit card at all, and there shouldn’t be any positive balance on it. Why do they need my salary card? I'm afraid that, just as they got the card without my consent, the bank employees activated it and withdrew money from it, and they will put a loan on me. And they need the card in order to remove her credit card debt. Could this be?

No, this is impossible. If you are seriously overdue on your credit card, money from your salary card can be transferred to pay off the debt without your presence. Apparently, the need to provide your card was not explained to you correctly. If you have any concerns, please contact a senior manager or manager.

Hello. I'm abroad. In January 2017, the “Classic Visa” card from Sberbank of Novosibirsk expires. I want to refuse to re-issue the card, but I cannot travel to Novosibirsk due to treatment. How can I make a statement to Sberbank about the refusal to re-issue the card and close the account to which the funds are being received? (if this is a statement, what is its form?) The card is not used with either “mobile banking” or Internet access. Mobile phone I do not have. I use the Internet from a friend. Thanks in advance for your answer. Yuri Ivanovich.

Hello, Igor! Please specify the answer to my question: I am abroad and there are no Russian banks here. In January 2017, the “Classic Visa” card from Sberbank of Novosibirsk expires. I want to refuse to re-issue the card, but I cannot travel to Novosibirsk due to treatment abroad. How can I make a statement to Sberbank about the refusal to re-issue the card and close the account? (if this is a statement, what is its form?) The card is not used with either “mobile banking” or Internet access. Thanks in advance for the clarification.

Sorry, I missed that you were abroad. In your case, you need to issue a power of attorney to a person who is located in your city (read the comments to this article). He will visit the bank branch, write an application for its closure and refuse to re-issue it. If this option is not possible, then call the hotline and explain the situation, perhaps they will cancel the automatic reissue of the card.

Card - “visa classic” - debit. Foreign currency account.

If you have a debit card, then you can visit any bank branch near your place of residence and close it. If you have a credit card, then it’s more complicated. Despite the fact that the bank claims the ability to close it in any city, in reality they require you to visit the branch where it was issued. In your case, it would be better to block the card after first paying off all debts on it. And when you have the opportunity, visit the branch in Novosibirsk and close it correctly.

Good afternoon The debit card has expired and there is money left on it. I wrote an application to the bank to close the account and transfer funds from it to the account of another debit card, also from Sberbank. Almost 2 months have passed, and the money has not yet been transferred, it hangs on the old card in Sberbank online. When should the account be closed and money transferred from it?

There appears to be a technical problem - please contact support. Before closing a debit card, it is better to withdraw all money from the account.

Good afternoon. I have 2 expired Sberbank debit cards. I constantly live outside of Russia, where there is no Sberbank branch. I no longer need either the cards themselves or Sberbank accounts. Is it necessary to close these accounts? Are there any penalties for unclosed accounts? I’m not going to come to Russia, but flying only to close accounts is not very convenient. I know that it is possible to create a general power of attorney, but I am wondering whether it is necessary to close the account. Thank you.

I want to close a credit card on which there are no transactions or debts. I received the card in Novosibirsk, and now I am in Moscow, at the Moscow branch they refused to close the card, and at the Call Center they also keep telling me that I need to contact the Novosibirsk branch. Although in Novosibirsk they claim that it is not a problem to close the card in Moscow, they do not give an explanation of how.

One more thing - I don’t have the card itself in my hands.

What steps need to be taken to close this credit card without flying to Novosibirsk?

Victor, the bank in its documents (including on the website) states that the card can be closed in any city (read the end of the article - the answer to the last question), and in Novosibirsk they say it correctly. But in reality, the bank does not fulfill its statements... Moreover, you do not have the card in your hands, but at the branch you must present it at closing. The advice is this: block your plastic card and after a year it will automatically close (if there were no transactions on it during this period), according to the banking service agreement.

Igor, thank you. I already bought tickets to Nsk, because I can’t wait, there are problems with the mortgage, so the question actually arose.

Where exactly is the procedure for closing a card issued in another city stated?

I'll take a look a little later and report back. We really need to dot all the i’s in this matter.

Igor, can they find out whether my Visa Classic is paid or free, or whether it’s definitely always paid?

Judging by the extract, it’s just a continuation of the previous one. Momentum cards and on the same account from the same day Momentum was opened.

So you ask the bank whether your card is paid or free... And the fact that in the statement you see transactions on the previous card is how it should be, because the card account number does not change when you change the card. For example, if you have an outstanding instant loan, then when it is blocked and a new credit card is issued, your obligations in the form outstanding loan switch to a new card that is linked to your account.

When replacing a Sberbank salary card, they forced me to take a credit card. The next day, Sberbank activated it. When issuing a credit card, they said that it can be closed no earlier than 30 days after activation. Is it possible to do this earlier or should I wait 30 days and only then close it? I don't plan to use the card.

You didn't quite understand correctly. An application to close a card account can be written even immediately after receiving the card, but according to bank regulations, the closure procedure is completed after 30 days. Why? Read the article! It is also recommended to block the card if you do not plan to use it for security reasons.

A couple of days ago, a credit card with the status “awaiting issue” appeared in Sberbank online. Naturally, I didn’t order the card. What should I do?

The fact of the matter is that I don’t have credit cards, I haven’t ordered anything, I was last at the bank a few months ago and I didn’t sign anything!

To completely close a card account Visa gold What do I need to present at the Sberbank branch?

Passport and the card itself

Good afternoon, this is the situation, I ordered a card, the bank employees activated it and that’s it, it’s 750 rubles for service, I called today to have it blocked. I’ve never used it, the card is 2 months old. Can I close the account at the bank? paying 750 rubles because I have never used it?

Elena, bank employees are subject to existing regulations. The banking service agreement and the rules for using cards do not provide for a refund of the amount for annual service, i.e. It is unlikely that you will get your money back. As I understand it, this is a credit card (and even a debit card), so be sure to close it (see article). Otherwise, you will be charged for the service for the following years, or you will fall into “delay” if you do not pay the monthly mandatory payments (if it’s a credit card!).

Igor, it seems to me that you did not understand the essence of the question. The question is not to return the money for servicing the account, but not to be in debt. Balance minus 750 rubles. This means that a service fee was charged, but Elena did not top up her account and the fee was not debited. Therefore, the balance is minus 750 rubles. Is she obligated to pay this amount?

Perhaps the answer was too detailed. Then, briefly: she is obliged, because when opening the card she agreed to the bank’s conditions, i.e. I entered into an agreement with the bank, and what follows from this, read my answer above.

Igor, thank you very much for your answer. Yes, I did just that yesterday, went to the banki.ru website, wrote, the answer was already this morning. I hope for a reasonable decision, otherwise is there a chance to prove the bank’s guilt in court? Thank you very much again!

Hello, today I wrote an application for a new Sberbank card. Next week I have to go pick it up. Is it possible not to pick it up? Or is it better to go and write a refusal from it?

It’s better, of course, not to take it away than to waste time and close it later. I recommend that you call the bank (or visit a branch) and refuse to issue the card.

You did not need to get a reissued card, but in any case, you did the right thing by blocking it. Don’t waste time - write an application to close your account at the branch; they may not charge you for servicing a new card. If anything happens, write a complaint.

Good day!

I took out a loan from Russian Standard Bank, but was unable to repay the loan; for this reason, my account at Sberbank was frozen. Now on the Sberbank card -xxxxxxx rubles. Can I close this map Sberbank, since it is not possible to use this card due to the minus, and paying for its service is at least pointless.

Thanks in advance for your answer.

It is impossible to close a card (or, more precisely, a card account) until the arrest is removed from the account; you can only block it.

I don’t understand a little why I can’t close a bank (Sberbank) card, if I don’t owe it to Sberbank, but owe it to Russian Standard Bank. If my card is blocked, will I have to pay a service fee? It turns out that I cannot use it under any circumstances, and the point of having a card disappears.

Contact the bank branch with a request to close the seized card account. If you don't mind, please post about this.

Tell me, when closing a credit (gift) card, should I also require a certificate of no debt to the bank?

A credit card cannot be a gift; it is simply sold to the public under that “name.” After closing, a certificate never hurts, you never know.

Good afternoon Perhaps I’m asking a stupid question, but it worries me very much... About 10 years ago I received a “salary” card from Sberbank, then I quit my job, and converted the card into a “personal” one. Unfortunately, I don’t know much about it, it didn’t survive... Then there was a change of name and a move to another city. The card was not returned and the account was not closed. Is there a possibility that Sberbank itself closed the account, or the card is regularly reissued, and I owe Sberbank a round sum for “annual” service? What is the best thing to do in this situation? Thank you in advance!

A loan agreement is an agreement between a borrower and a lender. After concluding a contract with a client financial institution undertakes to provide him with a previously agreed upon monetary limit, while the potential borrower himself undertakes to pay interest on the use credit funds and repay the loan received on time.

Before submitting a loan application, a potential borrower has the right to ask the lender for a copy of the text to study standard contract and calculation full price and loan repayment schedule. When considering a credit card agreement, first of all you should pay attention to the visual design of the text, as well as the font in which the agreement is drawn up. The confusing arrangement of clauses and too small a font should be alarming, since such methods of drawing up contracts are used to distract the client’s attention from important points. Experts recommend that loan applicants take the time to thoroughly study the credit card agreement, thereby protecting themselves from possible force majeure situations that arise during the servicing and repayment of a loan.

There should be no ambiguity in a credit card agreement since the agreement is a legal document. If there are any uncertainties, you can always contact our resource specialists for clarification and advice. Credit committee employees are also required, if necessary, to provide clients with comprehensive answers to all questions posed. The terms of the loan agreement are subject to careful study: loan term, loan amount, as well as the interest rate on the loan. According to the latest requirements Central Bank Before signing a credit card agreement, lenders are required to provide the potential borrower with a calculation of the full cost of the loan and a calculation of the debt repayment schedule.

When leaving an application for a loan with the bank, the loan applicant should note that the application form may carry the meaning of an offer and offer to conclude a loan agreement on the terms stipulated by such an application. Also, when considering a credit card agreement, you should pay attention to the additional costs that the client will have to incur in connection with the repayment and receipt of the loan. Additional costs include: commission for processing a loan application; commission for issuing a loan; commission for maintaining a loan account; commissions for repayment according to the payment schedule. When large sums loan, the requirement to conclude a life and health insurance agreement for the borrower must not be overlooked.

A potential borrower should be sure to check the amount of commissions that are charged by the bank for cash withdrawals at bank cash desks and ATMs, at the cash desks of other banks and at ATMs, and for non-cash payments in retail chains. You should pay attention to the methods and terms of loan repayment. A credit card applicant can study these and many other subtleties of consumer lending on the website of our resource.

Telephone consultation 8 800 505-91-11

The call is free

Credit card agreement

The salary card was seized for housing and communal services and a loan agreement. Minimum wage. Do bailiffs have the right to write off a debt completely? And what should I do to get a partial withdrawal from the card, since this is the only means of subsistence?

Hello. Bailiffs have the right to write off no more than 50% of your salary as debt repayment Federal Law “On Enforcement Proceedings”, No. 229-FZ Art. 99. Often they do not know about the specific purpose of the cards, since banks only provide them with information about open accounts and therefore a complete write-off may occur. In this case, you need to notify the bailiff by providing him with a certificate from your work confirming that your salary is being transferred to this card.

The agreement on crediting the account (credit card) was concluded in 2013. Duration: on demand.
My last payment was made (according to the statement) in June 2014.
From 2014 to December 2016, interest was accrued, which I never paid.
Is the term clause applicable here? limitation period?

Hello, Alena! Yes, in this situation, if the bank sues, you can raise objections and apply the statute of limitations.

How to calculate the statute of limitations if the credit card is 05/13/13, the assignment agreement is 04/27/16, the claim is 08/05/18 from a collection agency.

Good afternoon. Today, judicial practice is such that the limitation period is not calculated for the entire amount on the card, but for each monthly payment. That is, you may be required to make payments starting from April 16.

Bank agreement for a credit card. The money has been spent. The replenishment did not occur due to an accident (severe injury with long-term treatment and loss of income from work. A period of full recovery is not predicted). There is no insurance. What options are there to resolve the problem?

If only you negotiate with the bank.

An agreement was signed with the bank to issue a credit card and a student card. The credit card limit was set at 25,000 rubles. After several months had passed, I closed the debt to the bank and wrote an application to reset the account and said that, as needed, I would add money to the food bill myself. At the moment, Avangard Bank has not sent me any SMS or notifications that I have accumulated a debt of more than 6,000 rubles today. Does the bank unilaterally make such a decision-impose credit amount for food, if the credit limit in the agreement is 00 rubles. And what article can you refer to for violating the terms of the contract? Thanks in advance. Please send your answer by email [email protected]

Write a complaint to the bank about violation of the terms of the agreement.

Tinkoff transferred my credit card debt under an assignment agreement - this means that I cannot resolve anything with the bank regarding my debt, and in court I have nothing to show to the collection agency? How to ask for a reduction in fines, etc.?

Hello, in this case, you need to look at your terms of the loan agreement, reduce the penalty on the basis of Article 333 of the Civil Code of the Russian Federation, and you can also write a refusal to interact with debt collectors in the future. Federal Law of July 3, 2016 N 230-FZ (as amended on November 12, 2018) "On the protection of the rights and legitimate interests of individuals when carrying out activities to repay overdue debts and on amendments to the Federal Law "On Microfinance... Article 8. Restriction or termination of interaction with the debtor 6. The debtor’s application for refusal to interact may be sent to the creditor and (or) a person acting on his behalf and (or) in his interests no earlier than four months from the date of delay in the debtor’s fulfillment of the obligation. The debtor's statement of refusal to cooperate, sent by him before the expiration of the specified period, is considered invalid.

Hello Svetlana! You can dispute the amount that the creditor presents to you under Art. 333 of the Civil Code of the Russian Federation, which states the proportionality of the amounts of the principal debt and fines and penalties. And also check whether creditors have missed the 3-year statute of limitations. It often happens that loans with an expired statute of limitations are assigned and accrue exorbitant interest rates. For legal assistance in preparing objections to the claim, please contact the site’s lawyers in private messages. Wish you luck!

Good afternoon. Present your objections, apply Article 333, 196 of the Civil Code of the Russian Federation - reduction of interest, statute of limitations. Proportionality to the principal debt. You can contact a lawyer in a personal message - Article 779 of the Civil Code of the Russian Federation. Good luck to you and all the best.

Svetlana, if you have a debt, then the creditor has the right to go to court to issue a court order; if a court order is issued against you, then you have the right to cancel it within 10 days from the date of receipt. Code of Civil Procedure of the Russian Federation Article 129. Cancellation of a court order A judge cancels a court order if the debtor fixed time there will be objections regarding its implementation. In the ruling on the cancellation of the court order, the judge explains to the claimant that the stated claim can be presented by him in the manner of claim proceedings. Copies of the court ruling to cancel the court order are sent to the parties no later than three days after the day it was issued. If the court order is canceled, collectors have the right to go to court in a lawsuit to collect the debt from you. During the consideration of the case, if the period for presentation has passed more than three years, then you have the right to file a petition to apply the statute of limitations in accordance with Art. 196 of the Civil Code of the Russian Federation. Or to reduce the penalty in accordance with Article 333 of the Civil Code of the Russian Federation. Article 196 of the Civil Code of the Russian Federation. General limitation period 1. The general limitation period is three years from the date determined in accordance with Article 200 of this Code. Civil Code of the Russian Federation Article 199. Application of the limitation period 1. The claim for the protection of a violated right is accepted for consideration by the court regardless of the expiration of the limitation period. 2. The limitation period is applied by the court only upon the application of a party to the dispute made before the court makes a decision. The expiration of the limitation period, the application of which is declared by a party to the dispute, is the basis for the court to make a decision to reject the claim. 3. Unilateral actions aimed at exercising the right (offset, direct write-off of funds, extrajudicial foreclosure of pledged property, etc.), the statute of limitations for the protection of which has expired, are not allowed.

Hello, you can no longer decide with the bank, since the right of claim has passed to a third party of the Civil Code of the Russian Federation Article 388. Conditions for assignment of a claim 1. Assignment of a claim by a creditor (assignor) to another person (assignee) is allowed if it does not contradict the law. ... 4. The right to receive non-monetary performance may be assigned without the consent of the debtor, unless the assignment makes the performance of his obligation significantly more onerous for him. But no one is stopping you from resolving this issue with the assignee. Also pay attention to the fact that after the assignment of the right of claim, your situation should not worsen, i.e. debt cannot increase. The assignee usually buys the debt at a significantly lower price than the size of the debt obligation itself, so it is possible to negotiate with him to reduce the size of the debt. And no one, of course, forbids you to demand in court the application of Art. 333 of the Civil Code of the Russian Federation Article 333. Reduction of the penalty 1. If the penalty payable is clearly disproportionate to the consequences of violation of the obligation, the court has the right to reduce the penalty. If the obligation is violated by a person carrying out entrepreneurial activities, the court has the right to reduce the penalty, subject to the debtor's application for such a reduction.

Tinkoff must notify you of the assignment of rights in writing, or the assignee (the organization or person that acquired the debt) must provide you with a copy of the assignment agreement). If Tinkoff did not notify you in writing about the assignment of debt and the new creditor did not provide you with a copy of the assignment agreement, then you must fulfill Tinkoff’s loan obligations. If there is no certainty about who the creditor is, then you can fulfill your obligations by depositing money with a notary on the basis of Art. 327 of the Civil Code of the Russian Federation. If Tinkoff notified in writing about the assignment of debt or the assignee (collection agency) provided an assignment agreement, then you can also negotiate with the assignee (collection agency) about restructuring, credit holidays, reduction of penalties, etc.. Your rights are still the same as and with Tinkoff.

Hello Svetlana! Your debt can be written off by invalidating the assignment agreement!

Dear Svetlana, Yu-Sakhalinsk! The assignment of the Rights of the DEBT CLAIMS by the Bank in favor of the so-called Collectors could be made only after the written sending to you of the NOTICE “On the assignment of the right of claim” together with the ORIGINAL AGREEMENT of assignment of the right of claim with original signatures and “wet” (authentic) seals, a written notification to you about the assignment of the debt (Article 824 of the Civil Code of the Russian Federation). Thus, if you did NOT receive from the Lender the original Agreement for the assignment of the right of claim, this means that there was NO assignment of the right of claim in favor of the so-called collectors. Therefore, in this case, you can NOT pay any attention to the so-called collectors. Good luck to you Vladimir Nikolaevich Ufa 04/15/2019

Hello! What are you about?! Let's go in order. 1. You can’t decide with the bank, because... the debt has essentially already been sold, because assignment - assignment of the right of claim. Accordingly, you need to agree on something with the new creditor, but only if he confirms his rights by providing you with the original documents. By virtue of clause 3 of Article 382 of the Civil Code of the Russian Federation “if the debtor was not notified in writing about the transfer of the creditor's rights to another person, the new creditor bears the risk of the resulting unfavorable consequences for him. The debtor’s obligation is terminated by its performance to the original creditor, carried out before receiving notification of the transfer of rights to another person.” And according to clause 1 of Article 385 of the Civil Code of the Russian Federation, “the debtor has the right not to fulfill an obligation to a new creditor until he is provided with evidence of the transfer of the right to this creditor, except in cases where notification of the transfer of the right is received from the original creditor.” Those. if you have not received the original documents on the assignment of the right of claim to the new creditor, then you pay the original creditor. And you will bear obligations to the new creditor to the same extent as to the original creditor. 2. The fact that your debt was assigned under an assignment agreement in accordance with Article 12 of Federal Law No. 353-FZ of December 21, 2013 “On consumer credit (loan)” does not mean that you cannot express the same objections , which would have been in relation to the original creditor. Article 12 of the said law states: “the borrower retains in relation to the new creditor all the rights granted to him in relation to the original creditor in accordance with federal laws.” In other words, you can also file a petition to reduce the penalty and penalties due to their disproportion to the violated obligation with reference to Article 333 of the Civil Code of the Russian Federation, and the court will have to consider it. Also, if there are objections to other claims of the creditor, then you also have the right to declare them. In addition, if the limitation period has expired, then you can also declare it in writing, regardless of when the assignment of the right of claim took place: it does not change the running of the limitation period. Good luck in resolving your issue!

The validity period of the card is not the term of the card’s credit agreement, do you agree? But I have written in the application form (agreement): The term of the loan is the expiration date of the card, how can I understand?

Hello Sergey! This indicates the period for which you were provided with the loan.

Credit card available. Nobody used it. An application has been submitted to the bank to terminate the agreement and close the card account. The bank says that it can provide a certificate of termination of the contract only after 45 days. Why not earlier? The certificate is required to obtain a mortgage loan.

I don’t know about that either, maybe this is one of the bank’s conditions.

Svetlana! Perhaps they proceed from the norms of the contract or from the norm of the law that early repayment You must notify the loan 30 days in advance. Although I understand that you did not use the loan. But nonetheless. Maybe there are some conditions in the contract that are more favorable for you. We need to look at the contract.

I borrowed a phone from one bank, they gave me a credit card from another as a gift, but I didn’t draw up any agreement on the card, am I obliged to pay on the credit card?

If you activated the card, then you “accepted the offer”. Therefore you have to pay.

On March 29, 2014, I signed an agreement to receive a credit card with a zero limit. I took the card, but did not use it. In 2016, the card expired, I did not receive a new one, there are no charges on this card. The bank refuses to close the account for this card in 2016, citing the contract term of 30 years. What do i do?

Good afternoon You need to look at the contract and what is stated there regarding the validity period and early termination.

I took out a loan from Vostochny Bank, but they gave me a credit card and they deceived me. They still haven't given me a contract. The interest amount changes two or three times... I can’t achieve anything.

Hello. The amount of interest changes due to the fact that your credit limit is different each time. Credit card and loan are different banking products. If you are not satisfied with the terms and conditions of your credit card, you must close it and no longer use it. You won't prove anything in court.

I want to draw up a counterclaim to terminate the contract (credit card). 4 years have already passed and the contract has not been closed; as it turns out, there is a statement about the limitation period. Thank you!

Was the application for a missed deadline considered?

Hello, dear Irina! Firstly, for the defendant to file a counterclaim in court, the grounds specified in Article 138 of the Civil Procedure Code of the Russian Federation (in short - the Code of Civil Procedure of the Russian Federation) are required. Article 138. Conditions for accepting a counterclaim The judge accepts a counterclaim if: the counterclaim is aimed at offsetting the original claim; satisfaction of the counterclaim excludes, in whole or in part, satisfaction of the original claim; there is a mutual connection between the counterclaim and the original claim and their joint consideration will lead to a faster and more correct consideration of disputes. Secondly Whether you have the conditions to file a counterclaim cannot be determined due to the too brief information in your question. Third, the statute of limitations can only be applied in court if there are grounds for this specified in Articles 196, 200 of the Civil Code of the Russian Federation. Whether you have such grounds is also impossible to determine due to the too brief information in your question. A credit card, like a loan agreement, can be issued with a loan repayment period and interest on it for 3 years, 5 years, and 10 years.

The court decided to collect the debt from me under the loan agreement (Svyaznoy Bank card), which, after bankruptcy, transferred my debt first to one bank, then to another. Last payment 05/03/2012. How to file a counterclaim?

You can submit objections by applying Article 333, 196 of the Civil Code of the Russian Federation. The statute of limitations has expired - three years. You can contact a lawyer in a personal message - Article 779 of the Civil Code of the Russian Federation.

Hello site visitor, in your case you need to file an objection to the court order Articles 128-129 of the Code of Civil Procedure of the Russian Federation - this is a paid service. You can contact a lawyer in personal messages for detailed advice on your issue based on the “Civil Code of the Russian Federation” dated January 26, 1996 N 14-FZ (as amended on May 23, 2016) Article 779

You must submit objections to the magistrate within 10 days from the date of receipt of the court order, and the court order will be canceled. Since the deadline has been missed, the objections must be accompanied by an application to restore the deadline, indicate when you actually received the order, why you did not raise an objection within 10 days, and valid reasons for missing the deadline. The court, if there are good reasons, will restore the term and cancel the court order, and explain to the claimant his right to go to court in the manner of claim proceedings. In accordance with Art. 200 of the Civil Code of the Russian Federation for obligations with a certain period of fulfillment, the limitation period begins separately for each obligation for which the term of fulfillment has arrived. Consequently, you will be able to declare in court that the statute of limitations has passed, which is an independent basis for refusing to satisfy the claims. Contact a lawyer/attorney in person.

The court order can simply be canceled, the main thing is not to miss the deadline of 10 days from the date of receipt, then they will go to court in the general manner, there you need to write about the statute of limitations, etc.

OTP Bank sent by mail a credit card and an agreement that will be signed if I activate the card. I don't want to use a credit card. Are there any risks for me if I do not activate the card? What to do with it?

Do not sign the agreement or activate the card, there will be no risks.

Hello! There are no risks, just do not activate and then you will not have any obligations to the bank.

Is it possible to terminate a credit agreement on a card with a debt?

Hello! This is possible, but with a different formulation.

If, when applying for a credit card, the basic terms of the agreement were not given.

Hello, take a duplicate of the agreement from them or consult a bank employee about the terms of your loan.

On 05/11/2012 I concluded a loan agreement to issue a credit card, from that moment all payments were paid on time (there are statements for the entire period). On 11/13/15 I pay the penultimate payment, since it turned out that on 11/24/2015 the bank’s license was revoked. From this moment on, there were no letters from the bank, and on 03/26/19 I received a Court Order to collect the debt from a completely different organization with which I did not enter into or sign an agreement. Help me draw up an application for cancellation of the order and the expiration of the statute of limitations.

Good afternoon I can help you fill out an application. I wrote to you in a personal message.

To cancel the court order, you must file an objection. https://m.site/questions/777777777357799/

I entered into an agreement with Svyaznoy Bank and was issued a credit card, but on 12/02/2015 the bank’s license was revoked, the card was blocked and I could not make payments, previously all payments were made on time (I have a active card Svyaznoy at the time of license revocation). From the words of friends who also had a card from this bank, I found out that the agreement was transferred to another bank, I called that bank, but my debt was not transferred. From that moment on, I did not make payments to the card. On 03/26/2019 I received a court order to pay the debt to a completely different organization, but I did not receive any notification from Svyaznoy about the transfer of the debt. Tell me what to do and how to correctly draw up a response to withdraw the claim.

Hello! You first need to cancel the court order by writing an application to the court that issued the order. The order will be cancelled. Further, if a creditor goes to court with statement of claim, you need to apply to skip the statute of limitations.

In your response to the claim, you need to describe the entire situation and attach documents confirming payment before the liquidation of the bank and facts confirming the impossibility, BUT WILLINGNESS, to fulfill your duties. In addition, it seems that the statute of limitations has passed: sm_ab:

By virtue of Part 4 of Article 382 of the Civil Code of the Russian Federation, “The original creditor and the new creditor are jointly obliged to compensate the debtor - to an individual necessary expenses caused by the transfer of rights, if the assignment that entailed such expenses was made without the consent of the debtor." You do not have to write an application to withdraw the claim. This is an objection to the claim. You can file counterclaims for the recovery of your expenses from creditors on the basis of Part 4 of Article 382 of the Civil Code of the Russian Federation,

I entered into an agreement with Bank Svyaznoy and issued a credit card, until the license was revoked from the bank on 12/02/2015, payments were made on time, at the time of the next payment, namely on 12/10/2015, the card was blocked and even through QIWI payments were not accepted . I found out by chance from a friend (she also had a Svyaznoy card) that her credit card was bought by Tinkof Bank, I called this bank and asked about the repurchase of my agreement. 03/26/2019 I receive a registered letter from the court that I have been sued by another organization FAST and this organization is demanding repayment of the debt, but I did not enter into an agreement with them and for 3 years there was not a single registered letter from the Svyaznoy bank that my agreement resold. Tell me how to withdraw this claim from court or refute it. I must respond to the court by 04/05/19 (10 days for a claim).

Do you have the text of the claim on hand?

In a nutshell: credit OTP card jar. There is no agreement. Was sent by mail. So far I have been paying regularly. But now the next payment is 12 days overdue. I contribute in parts. Enough! They threaten that they may demand payment of a lump sum for the entire amount of debt on the card at once. How legal is this? They say this is in the contract, but I never saw this document and didn’t sign anything. Help with advice, please.

Take a duplicate of the agreement from them or consult a bank employee about the terms of your loan.

If there is no agreement with my signature on the credit card (sent by regular mail to the postal address), is the card debt considered valid against me?

Hello! Yes, if you used a card.

Hello! IN judicial practice There are cases when, under such circumstances, the court took the side of the debtor, and the loan agreement was considered unconcluded.

In April 2014, my husband entered into an agreement with Svyaznoy Bank to provide a credit card with a limit of 40 thousand.
The husband spent the money and died in November 2014.
Svyaznoy Bank was notified of this, but the documents confirming this were lost.
On March 20, a court mail notice from Moscow arrives in the husband’s name (probably informing him that they have filed a lawsuit).
4 years have passed since the death of my husband.
What can I do at this stage? Probably nothing, because I’m not a party to the matter.
If it is handed over to the bailiffs, will I need to notify the bailiffs of his death?
Thus, the one to whom the debt was transferred under the assignment agreement will sue me as an heir?
If they apply at a location other than their place of residence, what should I do?
After all, I may not receive notice of the upcoming trial.
What should be my actions in different scenarios?
I need the trial to take place in the city where I live so that I can claim the statute of limitations.

Hello. Send a free-form letter to the court stating that the defendant has died and attach a copy of the death certificate. Subsequently, you can still claim that the statute of limitations has passed.

Is it possible to pay with a credit card at a notary when concluding a purchase and sale agreement?

Yes it can be done.

I paid the credit card debt and contacted Tinkofbank to terminate the contract in November 208 and the contract should be terminated, 07.-02.19 I sent the card and 2 applications to be sent by email and by mail a certificate indicating that the contract was terminated, the card’s validity was terminated, the account is closed and there are no obligations to the banks and 2 to withdraw my personal data and destroy them from the database, but when I contact the bank 16 they say that I am a client of the bank, what should I do if the bank does not provide the requested documents.

Hello! Write a complaint against the bank to the Central Bank of the Russian Federation.

In 2008, I issued a credit card from MDM Bank in the amount of 45,000, at 28%, an agreement only for opening an account. MDM moved to Bin Bank, paid both of them regularly (for 10 years, 18 days of delay, and that was not my fault, the bank changed the details without notifying me). Since January 2019, BinBank has transferred to Otkritie FC Bank, which requires full payment of the debt + fines for each day of non-payment. The bank refused my application to continue the relationship on the old terms. I have already paid more than 65,000 rubles for the entire period, I mean that 28% is only visible interest, but there are also hidden ones. They refused to respond to my application in writing; they only inform me through SMS and calls from the stake. Otkritie Bank Center. What prospects do I have in court if I blow them away?

The court has the right to reduce the amount of the penalty in accordance with Article 333 of the Civil Code of the Russian Federation.

Hello Andrey. The first step is to familiarize yourself with the individual credit terms by credit card. If you paid with minimum payments, then this is usually only a percentage for using the credit limit; the amount of the debt itself may not have decreased. In fact, such bank products can be paid endlessly. As soon as you stop paying, you are in fact violating the terms of the contract and the creditor has the right to demand payment of the entire amount of the debt in a one-time payment. Initially, the new creditor must notify you of the right to claim this debt. You can “send them away” and not pay. The first thing they will do is apply to the magistrates' court for a writ (summary judgment) and try to recover the amount they want. This must be monitored and an objection must be filed within the legal time frame. The creditor will have no choice but to file a claim in federal court. But in court it will no longer be possible to get what you want, because... You will petition the court to recalculate the amount of the debt; as a rule, the judge sides with the defendant. Therefore, due to the insignificance of the debt, the new creditor himself settles on simplified proceedings and does not initiate a claim () because These are additional costs for the work of lawyers.

How to refuse a credit card if the contract has been signed but the services have not been used?

Submit an application to refuse the service.

Write a statement to the bank.

It is impossible to unilaterally terminate a contract unless it is provided for by it or by law. According to the loan agreement, an application and payment for using the loan are sufficient. But if there is no charge for using the card, then there is nothing to worry about. Part 2 of the Civil Code of the Russian Federation, Part 3 of the Civil Code of the Russian Federation, Part 4 of the Civil Code of the Russian Federation "Civil Code of the Russian Federation (Part One)" dated November 30, 1994 N 51-FZ ( ed. dated 03.08.2018) (with amendments and additions, entered into force on 01.01.2019) ""Civil Code of the Russian Federation Article 450. Grounds for amendment and termination of the contract Positions of the higher courts under Art. 450 of the Civil Code of the Russian Federation ">>>" ""1. Changes and termination of the contract are possible by agreement of the parties, unless otherwise provided by this Code, other laws or the contract. A multilateral treaty, the execution of which is dependent on the implementation by all its parties entrepreneurial activity, the possibility of changing or terminating such an agreement may be provided by agreement of both all and the majority of persons participating in the said agreement, unless otherwise provided by law. The agreement specified in this paragraph may provide for the procedure for determining such a majority. (paragraph introduced by Federal Law dated 03/08/2015 N 42-FZ) ""2. At the request of one of the parties, the contract can be changed or terminated by a court decision only: ""1) in the event of a significant violation of the contract by the other party; ""2) in other cases provided for by this "Code", other "laws" or agreement. "" A violation of the contract by one of the parties is considered significant, which entails such damage for the other party that it is largely deprived of what it had the right to count on when concluding the contract. ""3. Invalid as of June 1, 2015. - Federal Law of 03/08/2015 N 42-FZ.(see text in the previous "edition") ""4. A party that is granted the right to unilaterally amend the agreement by this Code, other laws or an agreement must, when exercising this right, act in good faith and reasonably within the limits provided for by this Code, other laws or an agreement. (Clause 4 introduced by Federal Law dated 03/08/2015 N 42-FZ) 12/30/2018) "" Civil Code of the Russian Federation Article 821. Refusal to provide or receive a loan Guide to judicial practice (high courts and arbitration courts

districts) under Art. 821 Civil Code of the Russian Federation ""1. The lender has the right to refuse to provide the borrower with the loan provided for in the loan agreement, in whole or in part, if there are circumstances clearly indicating that the amount provided to the borrower will not be repaid on time. ""2. The borrower has the right to refuse to receive a loan in whole or in part by notifying the lender before the deadline established by the agreement for its provision, unless otherwise provided by law, other legal acts or the loan agreement. ""3. In case of violation by the borrower of the obligation stipulated in the loan agreement

Request that the contract be sent by mail to the address specified in the contract (your registered address).

Hello, Ekaterina! Make an official request to the company's legal address.

Tinkoff is a bank that operates entirely on the Internet. Since 2006, it has regularly confirmed its high reputation and received several thematic awards. Currently, Tinkoff offers credit cards and various loans (consumer, mortgage and real estate secured). The Tinkoff credit card agreement is posted on the bank’s official website and is provided to the client upon receipt credit product.

Terms of service

Can issue a credit card potential client bank 18-70 years old, submitting . The only documents you will need are an application form and a passport. The client must also confirm the presence of permanent or temporary registration in the Russian Federation.

You don't need to provide proof of income or employment to get a credit card, but these documents can have a significant impact on your credit limit. Therefore, it is recommended, whenever possible, to document your solvency.

Annual card maintenance costs 590 rubles. Interest rates, depending on the method of use, range from 12.9% to 49.9%. All cards offer a grace period of 55 days. The available maximum limit, depending on the type of card, reaches 300 thousand - 1.5 million rubles. Annual maintenance cost from 590 to 1890 rubles. in year.

The monthly minimum payment is 8% of the debt, but not less than 600 rubles; its exact amount can be found on the website or in the mobile application. For cash withdrawals, a commission of 2.9% plus 290 rubles is provided; these funds are also subject to a higher rate, and the grace period does not apply to them. Tinkoff Bank offers many card options with various bonus programs.

Procedure for concluding an agreement

On the bank's website you can choose the credit card that suits you best. You can visit Tinkoff Bank online through the official website of the credit institution. If you meet all the bank’s requirements, a specialist will call you back the next day with clarifications on the agreement. The standard review period is 1-2 days, but if additional verification is necessary, it can be extended. The card will be delivered to your home or office free of charge.

The Tinkoff agreement is offer, that is, it is automatically accepted by the client when performing an action considered acceptance. (For a credit card, this is its activation or the first transaction). After this, the contract is considered concluded. Its text is on the official website, and is also delivered free of charge along with a credit card to the address specified in the application form.

Features of the agreement

As part of its customer service, Tinkoff enters into a universal comprehensive banking service agreement. Its components are private types of agreements, including a credit card agreement. In the first case, the general working conditions are described, and in the second - everything that relates specifically to credit cards.

Universal agreement contains the following information:

• decoding of common terms;
• conditions for accepting the offer;
• rights and obligations of the parties (conditions for the use and provision of personal data, rights to assign claims and withdraw from the contract);
• remote service procedure;
• the possibility of changing and supplementing conditions;
• liability for failure to fulfill obligations and methods of resolving disputes.

You can familiarize yourself with the sample agreement before filling it out in the appropriate section of the official website.

The loan agreement contains several sections describing the procedure for interaction between the bank and the client, the formation and change of tariffs and conditions, and liability for failure to fulfill obligations.

The contract begins with terms and definitions. Here the basic concepts within lending are explained. In particular, such important ones as credit limit and minimum payment.

The following are the main provisions: the procedure for concluding a contract and canceling it. You can refuse by written request. Also, the bank itself can cancel the action if the client has not made a single transaction within six months from the date of opening. Changing the tariff is possible only with the consent of the client, but such consent, among other options, is accepted as a debit transaction.

The section “Issue of a credit card” specifies the procedure for issuing and issuing cards. The client can order an additional card in addition to the main card. The card is delivered to the client with a PIN code, but not activated. At the end of the validity period, re-issue is made at the discretion of the bank, and an application from the client is not required.

Next comes the “Transactions and Payments” section, which describes the procedure for performing various transactions. Among other things, here are the conversion conditions when paying a loan in a currency different from the main one for this credit card. The agreed payment methods for the loan are cash, through an ATM or Internet banking.

In the section “Providing and servicing a loan” you can find information about loan repayment. You will receive a monthly invoice indicating the minimum payment. You can set the date on which the invoice statement will be generated and sent to you. It is your responsibility to pay the amount above the minimum payment stated on the invoice. If the statement has not been received, you must contact the bank within 10 days to clarify the amount of payment for this month.

The “Compromise” section specifies ways to block a card if it is stolen or lost (through a call center, personal account or official application). The need to return a card that you first lost and then found is also indicated.

One of the most important is the section that describes the responsibilities of the parties, the rights and obligations of the client and the bank. The bank is obliged to notify you about changes in the situation with your credit card; you, in turn, must comply with the terms of use of it (do not forget your PIN code and do not use it when making business transactions). The section states that a credit card cannot be used to pay for goods and services related to commercial activities. The agreement posted on the bank’s website states that a bank representative can change the limit without notifying the client before the transaction is completed. If the bank feels that you have not properly followed the rules for using your credit card, a Tinkoff representative has the right to confiscate it from you.

Rules complete the agreement termination credit card agreement. An agreement terminated at the initiative of the card issuing bank is considered invalid only from the date of formation of the final invoice, which indicates the amount of the client’s debt or the amount of the latter’s funds remaining on the card.

The client can terminate the agreement by paying interest on the loan and notifying the bank in any convenient way of his decision at least one month in advance. The termination agreement (application for termination) will be issued at the bank's representative office or sent by email.

What documents still need to be familiarized with?

In addition to the contract itself, you need to familiarize yourself with other documents:

• Recommendations for card holders - guidance on correct and safe use;
• terms and conditions of loyalty programs - all existing bonus programs are described;
• transactions in other banks – those for which additional commissions are charged;
• consumer loan terms – General requirements and credit conditions;
• terms of insurance – terms of Tinkoff insurance coverage;
• card tariffs;
• rules for calculating bonuses;
• terms and conditions of the Bravo loyalty program.

Important terms and disclaimers in these documents are written in small print. Therefore, in order to discover all the pitfalls, you need to carefully read the information written in such text.

How to terminate a contract

A credit card agreement can be terminated at the initiative of the bank in the following cases:

• unreliability of the information specified by the client in the questionnaire;
• the cardholder has not used it for more than six months (and there is no debt on it);
• failure by the client to fulfill its obligations.

The agreement also states that it can be terminated in other cases at the initiative of the bank. This generates a final invoice and sends it to the client. The termination date is the day the account was created. The bank may not send it to the client if he has no debt.

If the client decides to terminate the contract, he must notify Tinkoff 30 days in advance in writing by mail or through remote service services. At the same time, he is obliged to repay the debt and interest on it.

If there are cards left on the account own funds, then the client must send a return order to the bank, indicating the desired method in which this should be done. The bank may charge a commission of 2% (at least 90 rubles) for the transfer.

If you do not send such an order within 120 days from the last card transaction, the bank can keep the remaining money for itself (only if the amount does not exceed 1000 rubles). When the amount is more than 1000 rubles, the client has 3 years to return them, in the future they will be considered transferred to the bank.