Formally, your mother is not a party to the contract for the sale of an apartment and a mortgage agreement, and therefore, if her powers are not confirmed on your behalf, the developer may refuse, citing the lack of such powers, as well as trade secret. The bank may refuse for the same reason, also citing bank secrecy. However, it seems that, as a party to the suretyship agreement, she has the right to apply to the bank with a request to issue her documents confirming the termination of her obligations through execution by the debtor, i.e. repayment documents mortgage loan(Art. 367, 408 of the Civil Code of the Russian Federation).

This conclusion follows from the systematic interpretation of paragraph 1 of Art. 361, para. 1, 2 art. 363, paragraph 2 of Art. 408 of the Civil Code of the Russian Federation, according to which the creditor, accepting the performance, is obliged, at the request of the debtor, to issue him a receipt for receiving the performance in full or in the relevant part, and the guarantor is liable for the performance of the obligation jointly or subsidiarily to the same extent as the debtor. Consequently, the guarantor has the right, like the debtor, to receive documents confirming the performance of the loan obligation.

This is all the more true with respect to a guarantee issued to secure the execution monetary obligations, since the debtor himself, as a rule, has supporting documents on the transfer of funds to repay the debt, while the guarantor may remain unaware of when and in what part the repayment occurs.

However, if the question is about confirmation of payment in favor of the developer under the contract for the sale of an apartment, carried out through a letter of credit form of payment, then this payment is not related to the repayment of the loan, i.e. to the debtor's obligation to the bank. A letter of credit, being a form of settlement between a seller and a buyer, is not directly related to a mortgage transaction between the same buyer (debtor) and a bank. These are different contracts. A letter of credit refers to a banking transaction on a customer's account. In this regard, the issuance of such documents to the guarantor may be rightfully refused, since information about banking operations, as well as settlement documents on the account of a bank client, can only be provided to the client himself or to a person authorized by him (representative), as well as to a circle of persons limited by law (for example, courts, bailiffs, tax and other authorized bodies) (clause 2 of article 857 of the Civil Code of the Russian Federation, part 4 of article 26 federal law dated 02.12.1990 N 395-1 “On banks and banking»).

At the same time, you, as a party to the contract of sale, have the right to request the seller in the usual written form to provide documents on the execution of the payment on your part on the basis of the above paragraph 2 of Art. 408 of the Civil Code of the Russian Federation, and the bank - on operations on your account on the basis of a bank account agreement and in accordance with Art. 845, 846, paragraph 2 of Art. 857 of the Civil Code of the Russian Federation and Part 4 of Art. 26 of the Federal Law "On Banks and Banking". Obtaining information via the Internet is possible only if it is provided for by the bank account agreement.

However, the caveat is that if the developer or the bank doubts the authenticity of your signature on the request and does not issue (send to you) the requested information, the law does not provide for liability for this. At the same time, a complaint to the Bank of Russia is unlikely to be an effective measure. Since you are requesting confidential information that is not subject to disclosure to third parties, it is quite logical and legitimate for the developer or bank to want to verify the authenticity of such a request or the validity of the authority of the representative.

Thus, you will be forced to either personally arrive on the territory of Russia for a personal appeal to these organizations or issue a power of attorney for your representative at the Russian consulate abroad at the place of your stay with the appropriate authority in the manner and according to the rules provided for in paragraph 7 of part 2 of Art. . 5 and Art. 26 of the Federal Law of July 5, 2010 No. 154-FZ “Consular Charter Russian Federation"(hereinafter referred to as the Consular Charter of the Russian Federation), Art. 38, 59 Fundamentals of the legislation of the Russian Federation on notaries, approved by the Supreme Council of the Russian Federation on February 11, 1993 No. 4462-1).

Another mechanism is the issuance of a power of attorney in accordance with the rules of the host country with a foreign notary (notary public) or other official authorized to do so by the rules of the host country, with an apostille in accordance with the international Convention Abolishing the Requirement of Legalization of Foreign official documents(concluded in The Hague on October 5, 1961) (entered into force for Russia on May 31, 1992) or subsequent legalization in the Russian consulate, if the host country is not a party to the above Convention or this does not contradict another international treaty with the participation of Russia and host country (clause 8, part 2, article 5, article 27 of the Consular Charter of the Russian Federation, article 38 of the Fundamentals of Notaries).

A power of attorney executed in a foreign language or containing an attesting inscription, other official marks in a foreign language, is subject to translation into Russian, the accuracy of which in Russia must be notarized in accordance with paragraph 6 of Art. 35 and Art. 81 Fundamentals of legislation on notaries or official consular office in the host country in accordance with the powers provided for in paragraph 4 of part 1 of Art. 26 of the Consular Charter of the Russian Federation, paragraph 7 of Art. 38 Fundamentals of legislation on notaries.

Instead of issuing a power of attorney to a representative to request the information you are interested in and receive documents, it is possible to authenticate your signature on a request sent from abroad to a developer or bank. The procedure for certifying the authenticity of a signature on a document in the host country is similar to the above rules for certifying a power of attorney. It should be noted that in this case of remote communication through international postal services, it is necessary to provide appropriate compensation to sending organizations, since they are unlikely to consider it legitimate and justified to incur additional costs at their own expense for international postal items addressed to you.

Every month we make at least one or two payments: for an apartment, for electricity, for overhaul at home, for the phone, for the Internet, kindergarten, school ... And there are also receipts for payment of state duties, fines, loans, etc. Let's be honest: storing them in one place for 2-3 years, as prescribed by the rules, is absolutely unrealistic. But losing a payment receipt is as easy as shelling pears.

In some cases - if the payment was correctly processed and credited to the recipient's account - a receipt is not required. But in everyone's life there were unpleasant moments when the money was paid, and the receipt was lost. So, how to recover a receipt for payment of services?

Method number 1. In the archive of card operations

This method is the easiest, fastest and most affordable, but it is only suitable for those transactions that you made in a non-cash way through self-service devices - payment terminals and ATMs. The actions are as follows: in the device, go to your Personal Area and check the transaction history. We find the necessary payment and print out the check. The only drawback of this method is that checks from any terminals and ATMs fade too quickly. That's the price you pay for typing speed in any weather.

Method number 2. In the archive of Internet banking operations

Favorite recovery method recent years. Suitable only for those transactions that you made in the Internet Bank. Any online banking has a transaction history. The procedure is the same as when restoring a check in the terminal: we find the payment and either save the check or print it out if there is a printer at hand. The absolute dignity of the Internet Archive is its infinity. It can save transactions made both yesterday and five years ago.

Method number 3. Bank check

This is the most the right way but not the easiest one. Let's start with the fact that you still need to come to the bank. All transactions - non-cash, cash, at terminals or through the cash desk - are processed by the bank's processing. Any operator has access to the archive of transactions - the so-called daily or daily registers (a summary of transactions per day). You are required to indicate as accurately as possible the date, time, amount, payee, as well as your data: full name, series and passport number. If the transaction was carried out through an ATM or terminal, you will definitely need to name the device number (this information is located on the front side of the machine). The success of the search depends on the completeness of the data: it is possible that at the minute you paid, another hundred or two customers made exactly the same payment. The operator enters your data (the so-called "variables"), filters transactions and prints out the lost check. If necessary, a stamp is put on the check, although this is not necessary.

Method number 4. Analysis of archived data

The hardest and longest way. Suppose there was a payment, but the operator cannot find it, just as the recipient of the payment cannot find it. Such cases are by no means rare - approximately 0.1-0.2% of the total number of operations. You make an application for the search for a payment (you can use the Internet reception, but it is better at a bank branch), the bank conducts an investigation. The payment will be found in the vast majority of cases, but the only inconvenience is the extreme duration of the search. In severe cases, the processing of the request may take a month or more.

Method number 5. We are looking for the recipient of the payment

According to statistics, this is the most unpopular way. If you can, as they say, “run over” a bank, blaming it for a mistake, then, for example, a specialist tax office or the traffic police "run into" is useless. Meanwhile, contacting the payee directly is even more profitable. Firstly, if part of the payments is lost due to errors of the operator and the payer himself, then the other part is due to the fault of the recipient. Secondly, you can save time: and restore the check. And immediately submit it for processing.

Disadvantages of methods

Check self-recovery has two major minuses. Firstly, both in the online bank and in the terminal, customers are faced with limited data: there is a payment date, amount and recipient, but the payer is not necessarily indicated, and even more so his personal data. Meanwhile, this is precisely what can become a refusal to provide a service: they say, prove that you paid, and not your friend a year ago. Secondly, purely psychologically, a check printed on a printer on plain paper is inferior to a receipt made on a check tape. Although in both cases the value of the documents is the same. The disadvantage of restoring a check with the help of a bank employee is also obvious: they may refuse you, referring to any pretext, or they may not find a payment. But still, as a rule, there are much fewer problems with checks restored on the basis of personal visits.

How to minimize the risk of losing a payment receipt

• Try to pay for services in a non-cash way: through self-service devices or Internet banking. In this case, finding a payment and printing a check is the easiest.
• Check your payment details carefully. Yes, bank tellers can know the details of the payee, especially if this payment is common, but they cannot guarantee the correctness of the details (paradox!) In any bank they will tell you: knowing the details is the responsibility of the payer. The best option is to request the details directly from the payee's office or print them from the website.
• Keep your checks. It sounds unpleasant, but still try to keep checks in one place for at least six months ... At least the most “heavy” and important ones: about paying utility bills, loans, fines, etc.

Instruction

Receipt Of course, it is possible to restore the payment of a fine, but the experience of most citizens who find themselves in such a situation suggests that sometimes this requires a lot of effort. If you have already paid the fine, contact Sberbank. Despite the fact that bank employees do not have legal grounds to refuse to provide a duplicate of a payment document, most likely it will not be possible to get what they want the first time. In the best case, they promise to call you back and report the result of the search. Therefore, write a statement in which you state the essence of the request. Register it in and wait for a response.

To facilitate the work of Sberbank employees in search of your receipt, try to remember the date the fine was paid at the bank. If the exact date cannot be determined, it is worth at least naming the time period in which the payment could be made, or at worst, the date the fine was imposed.

If it was not possible to manually find a receipt at the Sberbank branch, but the payment date is exactly set, you should re-apply to the bank and ask for a new receipt. At the same time, attach a copy of the decision or protocol, indicate the date and time of the payment. Please note that all applications are made in two copies: you send one to the bank, and the second remains with you.

It is not worth worrying about the consequences if the fine is paid, but the payment did not go through. If the case goes to court, simply present a copy of the application written to the bank.

If not yet paid for is lost, contact the traffic police at the place of the offense. In the application, indicate where, when and by whom the administrative protocol on the violation was drawn up. Based on this information, the staff should issue you a new invoice. However, a fine can also be made through electronic payments - payment documents are not needed there, but be sure to save the receipt if you used the terminal, or print a notification if you did -.

First of all, you need to figure out why you need to restore check. If it is necessary for the purposes of maintaining accounting, then cash check needed to reflect cash transactions, i.e. cash transactions and transactions with accountable funds. In all other cases, restore the cash check not necessary.

Instruction

Contact and ask about the possibility of recovery check A. Some types of cash registers may duplicate check and after a certain time after the issuance of the original. Perhaps the seller can duplicate check. The second option is to ask the seller for a copy check and made on a copier.

When it comes to recovery check and upon acceptance, then try to contact either the terminal's technical support service or the bank servicing the terminal's operations. Terminals for accepting payments store information about the transactions performed, but the duplicate check not so easy. Contact technical support, justify the reason for the need to restore check and write a statement.

In case of loss of a receipt for payment of a fine, the possibility of passing a technical inspection or damage to a payment document, it is necessary to contact the bank for restoration. There is written a statement of the appropriate sample. If the fine is not paid, come to the traffic police, where make an application for the restoration of the receipt. It will take a long time to get a copy of the payment document, but it will prevent litigation.

You will need

• - Passport;
• - information about the payment;
• - application form;
• - information about the protocol (the person who made it, the essence of the offense, the place, time of the incident).

Instruction

As a rule, many motorists had to draw up a protocol for speeding and other administrative ones. The consequence is the imposition of a fine, which is within a certain time frame. If you have paid cash, A receipt lost or damaged, contact the bank where the payment was made.

Make a statement. In it, write down your request for the restoration of the receipt. Enter your personal details. Indicate the exact date of commission, if known. If you don't remember the date, write down the approximate amount of time you paid the fine.

Register an application with the bank. Be sure to duplicate the document in two copies, give one of which to the bank employee, keep the second statement with you so that in the future you can prove your rights if it comes to litigation.

In case of loss or damage to the receipt of payment for the technical inspection of the car, contact tax authority in your place. Make an application addressed to the head of the IFTS for the region where you live. Paid receipts are usually kept at the warehouse. The tax officer may look for a payment document himself or ask you receipt .

If you have lost an unpaid receipt, contact the traffic police. Tell the employee the date the protocol was drawn up, the personal data of the person who wrote the document, and the incident. Based on this information, you will be issued a new receipt where you can pay the fine. Instead of a payment document, you have the right to present a check if you made a payment through the terminal, or a notification if you paid a fine by means of a transfer.

Sources:

• Unpaid fines: how to recover lost receipts

The only way to prove the fact of payment of a state duty, a fine or interest on a loan is to provide a receipt (cheque, invoice) about payment. A receipt is issued automatically when making a payment through electronic systems replenishment of accounts - ATMs, terminals, etc. Lost receipt can be restored if you remember the date of the operation, the details of the parties and the type of payment - automated bill payment points.

Payment order: all you need to know about him

To make any remittance, you need to fill out a special form for cashless payment. It is presented in the form of a document with correctly filled details. This document is called a payment order or payment order.

What is a payment order?

A payment order (PP) is a document of the established form, by which the owner of a bank account instructs the bank to carry out the necessary money transaction from his account according to the given details. It is filled out independently by the sender or, at his request, by the client's bank and can be issued in two forms:

1. On A4 paper (filled in on a computer in special program, in a Word document or pdf format).
2. IN in electronic format(only in a special program, not outputting to paper).

PP are:

• One-time (for making one transfer, after which they lose their validity)
• Regular (for making systematic payments, executed by the bank after a certain period of time).

What operations can be performed through a payment order?

• Transfer of money to contractors for work/goods.
• Transfers to budgetary and non-budgetary funds of various levels.
• Payment of loans, replenishment of deposits, etc.
• Transfer of money for the purposes approved by laws, contracts or agreements.
• Making regular payments (utilities, payment for the Internet, mobile communications, etc.).

How long does it take to execute a payment order?

Deadlines are set out in Civil Code Russia. If the transfer is carried out within the same region or region, then the maximum processing time can be up to two days. If we are talking about an interregional payment, then the period can stretch up to 3-5 days. In practice, the order is processed on the date of its submission or within the first day.

How many copies of payment orders need to be issued?

The number of PPs is determined by the number of participants in the calculation. One remains in the sender's bank, the second - with the client with a mark of acceptance, the rest go to the beneficiary's bank and counterparties.

The bank is obliged to accept the PP regardless of whether there is money in the client's account. If there is not enough money, then the PP is executed later, as funds appear. If an account overdraft agreement is concluded, the order is processed immediately.

In cases where there are not enough funds, and the bank cannot make a payment, then the PP is placed in a special repository for orders that have not been paid on time.

The PP has a validity period of 10 days.

How is a payment order completed?

All required fields must be filled in the PP. Blots or corrections are not possible. Required fields are fields with details of the sender and recipient.

The main fields and features of their filling:

1. Number - numbered in digits (maximum 6 characters from 1 to 999999).
2. Date - put in the form day.month.year (example 01/12/2015).
3. Type of payment - put in the form of a special code (example: urgent = code 1).
4. The amount in words - is written with a capital letter without abbreviation, kopecks - in numbers (example: Fifteen thousand one hundred forty-two rubles 21 kopecks).
5. Amount - put in numbers, rubles from kopecks are separated by a "-" sign (example: 15142-21).
6. Payer - for a legal entity, the full name, location address are prescribed (example: Investor LLC // Russia, Zelenograd, Sovetskaya st., 15), and PL - full name, place of registration (example: Ivanov Alexander Vladimirovich // Russia, Krasnodar, Lenin street 11).
7. The payer's account number is the sender's account number, consisting of 20 characters (example: 40802810067100010760).
8. Payer's bank - the name and location are indicated (example: "VTB 24" CJSC, Moscow).
9. BIC - identification number of the bank (example: 044525716).
10. Account number is the number of the correspondent account of the sending bank in the Central Bank of the Russian Federation, consists of 20 characters (example: 30101810100000000716).
11. Beneficiary's bank – the name and location of the beneficiary's bank (example: OJSC Sberbank, Moscow).
12. BIC of the beneficiary's bank - prescribed according to the BIC directory (example: 044525111).
13. Beneficiary bank account number - consists of 20 digits (example: 30101810600000000886).
14. Recipient - name of the recipient for receiving the transfer, for legal entities - full name, for individuals - full name
15. Recipient's SC.No. - consists of 20 characters.
16. Type of payment - put down the code (example: PP = 01).
17. Payment term. - not filled.
18. Naz.pl. - not filled.
19. Payment order - numbers from 1 to 5 (in accordance with the Federal Law) or not filled in (example: 1 - payment for compensation for harm to life / health and alimony, 2 - wages, 3 - taxes, 4 - any monetary requirements, 5 - other documents in dated order).
20. Code - usually 0.
21. Res. field - not filled.
22. Purpose of payment - the purpose of the PP is prescribed with additional information (example: payment for goods according to invoice No. 123, VAT not reg.)
23. TIN - mandatory, 10 digits - for legal entities and 12 characters - for individuals.
24. KPP - registration code, consists of 9 characters.
25. M.P. - stamped by the sender.
26. Signatures - the sender's signature, as in a signature card or passport.
27. Bank marks - seal and mark of a bank employee.

Signature of electronic documents.

As stated above, money orders may be provided electronically. In order for an electronic order to have legal force similar to a paper one, an electronic signature is applied to it. According to 63-FZ, it is equated to a handwritten one.

Electronic PPs are generated in Internet banks when, for example, it is necessary to make some kind of payment, and for the convenience of users, they do not need to be signed, printed or taken to the bank for execution.