In what cases do banks return money to the client’s card. Return of money stolen from the card Return of blocked funds to the card

28.07.2023

Available balance– the total amount of available funds, including overdraft, minus the amount of blocked funds.

Account balance– balance of funds in your account. If there is debt, the balance is negative.

Funds blocked- the total amount of transactions made by you, but supporting documents for which have not yet arrived at the Bank (until receipt of supporting documents, the Bank does not write off these funds from the client’s account, but blocks them).

Available without overdraft- the total amount of available funds excluding overdraft minus the amount of blocked funds.

Available via overdraft– the amount of funds available via overdraft.

Overdraft limit– the limit (maximum amount) established by the Bank for overdraft.

Used by overdraft– the amount of funds you spent from the established limit.

Overdraft is a loan for up to one month that Alfa-Bank provides to Current Account owners. You can use an overdraft in case of insufficient or unavailable funds - the overdraft allows for excess expenses (within the credit limit established by the Bank). The short-term lending limit will be no more than 30% of your monthly income. Overdraft access occurs automatically after the funds in your Current Account are depleted. This service is especially attractive for those who actively use their plastic cards.

Amount of unconfirmed transactions- The total amount of transactions made by you, but supporting documents for which have not yet arrived at the Bank (until receiving the supporting documents, the Bank does not write off these funds from the client’s account, but blocks them).

Established credit limit- credit limit established by the Bank.

Credit funds used- part of the credit limit spent by the client at the time of statement generation.

Available credit funds - unused credit limit that you can spend.

Login– your unique identifier in the system, consists of numbers. Required to get started. The login is assigned automatically when you connect the system and is communicated to you by the Call Center operator. To increase security, we recommend that you do not share it with third parties.

Password– a sequence of letters and numbers. You set your own password when you first log in. Remember: a password paired with a login allows you to access management of your accounts through the Alfa-Click Internet bank. We strongly do not recommend sharing your password with anyone or writing it down on media accessible to others.

A temporary password– the password you will receive when connecting to the system. It is valid for a limited time, so you need to log in to the system within a few hours after connecting and change the temporary password to a permanent one. If your temporary password has expired, you will need to reconnect to the system and obtain a new temporary password. We strongly advise against sharing your temporary password with anyone. For security purposes, change your temporary password to a permanent one as soon as possible.

Many sellers on Ali have a delivery guarantee. Like, if you don’t receive the goods within 60 days, you can get a 100% refund (refund). Given the fact that for unknown reasons, parcels can be lost, this is a handy thing.

Like me, if the parcel is not tracked, the seller guarantees that 60 days have passed, but you have not received the parcel - you can safely open a dispute for 61 days and demand money.

I was going to do something similar, but there was a problem: I paid for that order with a card, which I later closed. I completely closed it and stopped being a client of the bank.

Refunding money to a closed card: what to do?

I contacted Aliexpress technical support, where a very talkative citizen only once said that funds were returned only to the card with which the order was paid. That is, to my long-closed Tinkoff Bank card. The rest of the time, the citizen assured me that everything would be fine, that she would push the request where it needed to go and that I shouldn’t worry. I opened two disputes (for each of the two products ordered from the seller) and they were resolved really quickly.

But even before the decision on the disputes, I received a letter:

It said that refunds are made only to the card with which the order was paid. Aliexpress doesn’t care what’s wrong with this card: whether it’s closed, lost, blocked, expired. In any case, Ali suggests contacting the bank that issued the card.

Returned money to an account that was closed long ago

A few hours after the successful completion of both disputes, I received two SMS from Tinkoff Bank - the money was returned to the card.

I called the bank and outlined the situation to them. I was offered two options: either transfer this money to a mobile phone account, or arrange a postal transfer, the payment for which would be some percentage of the amount plus two hundred something rubles - that is, the entire amount would go to pay the commission. I decided that going to the post office and standing in line to receive zero rubles was a dubious idea, so I chose a transfer to a phone number.

Here another problem arose: for some reason TKS was unable to transfer money to me to Tele2, so I had to turn to relatives who, for example, have MTS, for help. Everything worked out with the red eggs and the money was successfully written off. And further related calculations are a matter of technology.

Result

In general, if you paid for an order on Aliexpress, and then closed the card (or lost it, or changed it, or something else), then you can only receive a refund on it. And then call your bank’s hotline and resolve this issue - as it turned out, this is quite possible.

Often you have to pay for the convenience of non-cash payments: due to unjustified blocking, clients usually lose 30 days during which the bank verifies documents. Stanislav Zhdanovsky, lawyer at Dmitry Matveev and Partners, told the Vedomosti newspaper about how to quickly get your money back, even if the bank has blocked it.

As an example, he cited the case of one of the clients of the law office: a Muscovite working for a large consulting company withdrew 100 thousand rubles from ATMs over the course of a month (the total amount exceeded 1 million rubles). After some time, the bank blocked his accounts (card, foreign currency and ruble). The bank unblocked the client's accounts after 40 days. And the client needed to provide a copy of the employment contract, as well as a 2-NDFL certificate for two years.

In cases of blocking accounts, banks often explain their actions by the requirements of the Russian law “On combating the legalization (laundering) of proceeds from crime and the financing of terrorism” and the instructions of the Central Bank. In theory, banks should inform the client that the account is blocked, but often people find out about the blocking only when they try to perform any transaction other than depositing funds.

After blocking, the client must contact a bank representative to find out what documents need to be provided to unblock the account. Due to the fact that call centers often do not provide consultations over the phone, the client has to come to the bank. Most likely, the credit institution will ask you to justify the origin of the funds, confirm that the client pays taxes, and also explain how economically feasible the operation is.

Typically, the bank removes the block from the account 30 days after submitting the documents. If the data is insufficient, the credit institution requests additional documents. If the account is not unblocked after 30 days, then it is better for the client to find out from the bank himself whether he needs to provide documents, advises Zhdanovsky.

There is another way to solve the blocking problem. The lawyer suggests that bank clients in such cases terminate the bank account agreement. The Civil Code allows you to terminate this agreement at any time, and the bank must return funds from the account seven days after submitting the application (they are either given to the client or transferred to another account).

If the bank refuses to issue or transfer the balance, then the account owner must complain to the Central Bank (by sending a letter with a note about sending) or file a claim in court. The lawyer warns that the client will most likely not be able to hold the bank accountable and recover damages for illegal blocking, since refusal to carry out transactions in accordance with the law on money laundering cannot be the basis for civil liability of credit institutions.

The lawyer warns that if these steps do not help, the client will have to go to a court of general jurisdiction. The process will take 3-4 months and will require at least 30-40 thousand rubles for legal assistance. In this case, a positive decision depends on the completeness of the package of documents that confirm that the client has not violated the law, as well as the legal basis for the transactions. At the same time, most cases in court are resolved not in favor of people whose accounts were blocked.

Despite the guaranteed high level of protection of bank accounts, cases of theft of funds from citizens' plastic cards are growing day by day. What to do if money was nevertheless withdrawn from the bank card and is there a chance of returning it to the rightful owner of the card? Read about this in our article.

Money stored on a bank card, as is known, is under the control of the banking organization and, of course, the cardholder directly, and, as practice shows, in most cases the reason for unauthorized withdrawal of money from the card by unauthorized persons is the carelessness of the owners.

According to Art. 9 of the Federal Law “On the National Payment System” in the Russian Federation, the banking organization must return the stolen money to the client, and only then conduct proceedings to consider all the circumstances of the loss. However, in reality, everything happens far from this - it is possible to return the money stolen from the card, but this will require a lot of effort and time.

How money is stolen from plastic cards: the main methods

Most often, the actions of criminals hunting for easy money are directly related to the theft of a plastic bank card. If this happens, the owner needs to react to the current situation as quickly as possible and report this to the issuing bank to block the card account. The more quickly the card holder acts, the more the attacker reduces the risk of conducting illegal financial transactions.

Attackers use several methods to steal money:

  1. They track the actions of the card owner and calculate the PIN code numbers at the time of cash withdrawal, then use their original methods of stealing the plastic card itself.
  2. It is not uncommon for owners to store a plastic card and a PIN code together and write the PIN code on the card itself, which is undoubtedly an advantage for thieves and fraudsters.
  3. In cases of theft of a plastic card, there is a high probability of payment at retail outlets through terminals that do not require personal identification in the form of a signature or entering a PIN code, which the attackers know for sure.
  4. Illegal debiting of funds from a bank card is also possible if the card number and information indicated on the magnetic stripe (CVV code) fall into the hands of criminals. As a rule, such data is used to make purchases through online services.

Despite the current legislation requiring cardholders to be notified of any transactions with their card account, in some banks such a system does not work as quickly as it should be.

First of all, these are SMS alerts, due to the fact that such a service is paid, many cardholders, trying to save on at least something, simply refuse to connect to it, thereby significantly increasing the risks of unauthorized access to the account and withdrawal of funds by unauthorized persons . In this case, the bank client will be able to find out that theft has occurred from his account only at the time of attempting to make a payment or cash withdrawal operation.

How to return money stolen from a card: basic steps

If attackers take advantage of a suitable situation and steal a bank card from its owner, the latter must perform the following steps:

1. Within 24 hours after the incident, notify the issuing bank that issued the card by calling, sending an email, or, if possible, visiting a bank branch in person.

2. Also, within 24 hours of receiving information about the theft, write a statement to the police.

Upon notification of a disputed cash withdrawal, the banking organization must conduct an investigation to determine the place and time of the fraudulent transaction.

Important! The cardholder has the right to demand from the bank a response to his request in writing, confirming the completion of actions to block the card. If funds are withdrawn after the plastic carrier is blocked, employees of the banking organization will be responsible for this.

Important! If the stolen card appears in a trade and retail network, the cardholder can send a claim to that store for violation of the rules of payment systems. In this case, the cashier did not verify the signature and did not require the buyer to provide a document certifying that the person belongs to this bank card.

The period for consideration of the application by the bank is from 30 to 60 working days.

3. The direct owner of the card must prove his non-involvement in the unauthorized transaction.

At this stage, it is necessary to provide any facts, documents and witness statements to confirm your location at the time of withdrawal of cash by unauthorized persons. If the card holder was in another country at that moment, it is necessary to provide a foreign passport with no marks on crossing the border of that country.

Please note that it will be very difficult to prove the illegality of a transaction if a stolen card was used as payment in an online store, and in practice it is almost impossible. Although in this case the cardholder has a chance to block the card, the main thing is to have time to debit funds from the account in advance.

It will also be difficult to prove your non-involvement if funds were withdrawn from the card at an ATM by entering a PIN code. Most likely, the bank will refer to the fact that the transaction was carried out according to all the rules, and the client voluntarily provided the PIN code at the same time as transferring the card to a third party.

Important! In the event of unauthorized withdrawal of funds from a stolen bank card by reading data with a skimmer, the bank that owns this ATM is obliged to return the funds to the card owner.

4. If the bank refuses to return the stolen funds, and the investigation did not produce results, the card owner can safely file a claim in court. To obtain a positive court decision, the cardholder must provide evidence of his non-involvement in the unauthorized transaction and document the fact of timely contacting the bank with a request to block the card.

Most often in practice, a lawsuit is based on an allegation of the fact that the bank provided a low-quality and unsafe service, in particular, not fully informing the client about possible fraudulent actions on the part of the bank (Articles 7 and 14 of the Law “On Protection of Consumer Rights”). The courts for the most part take the side of the injured person when it comes to salary bank cards issued by the enterprise.

Undoubtedly, it is worth noting that not all banking organizations are ready to easily part with funds that need to be returned to the client. The main reason for refusing a refund may be untimely blocking of the card.

Important! If the bank client did not inform the bank about the theft of the card within 24 hours after the incident, responsibility for any transactions performed with stolen property lies with the owner of the plastic carrier.

There is a chance to quickly return stolen funds:

  • for bank clients with VIP status;
  • for clients whose amount of stolen funds on the card is significantly lower than possible legal costs;
  • for clients whose cash withdrawal transaction from a stolen card was carried out abroad, and the card owner was in the Russian Federation at that moment.

How to prevent money from being withdrawn from a bank card: preventive measures

Responsibility for the safety of funds on a plastic card, first of all, lies with its owner. In order to avoid fraudulent activities regarding the cardholder’s money, we recommend several rules for preventive purposes:

  1. You cannot transfer your card and PIN code to third parties.
  2. You cannot send card data via email or other means of telecommunications.
  3. If trading operations are carried out via the Internet, it is necessary to confirm any actions, for example, by receiving a special secret code via SMS.
  4. The PIN code must be entered while hiding the numbers from unauthorized persons.
  5. Under no circumstances should you store your PIN code together with the card, much less on the plastic media itself.
  6. When withdrawing cash from an ATM, you should pay attention to the presence of an electronic reading device - a skimmer.
  7. It is not recommended to make online purchases through a computer located in a room with a large flow of customers, for example, in an Internet cafe.
  8. You should not skimp on the SMS alert service, which can be used to prevent any unauthorized actions.

Catherine

Hello! 06/26/19 they called me and, introducing themselves as SBERBANK, informed about an attempt to withdraw money from my card. Then they offered to download the quick-support application and strengthen the security of the cards. Then, through the SBERBANK ONLINE application, the scammers made a transfer for two amounts of 200 thousand rubles each. Within 10 minutes I called 900, reported that a transfer was made from the card without my consent. The operator immediately asked me that I did not confirm the transfer to the name ELINA SALAVATOVNA D., to which I answered YES, I don’t know this person and I do not give consent. My card was blocked, SBERBANK ONLINE was disconnected. (Debit card of the GOLD salary project). Within 1 hour after this operation, I was at the bank office, wrote a statement. Then I immediately went to the police and also wrote a statement. 06.28.19. I received the details from the bank and passed them on to the police, and also passed on the details from the mobile operator. 06/29/19. I received an SMS from the bank that I can get a decision on my application at the bank office and then an SMS that my new salary card is ready. Having arrived at the bank, I receive a card and a refusal from the bank to return the money, since the transfer was made through the ONLINE system SBERBANK from my mobile device. And a day later, SBERBANK offers me a loan in the amount of 354,000 rubles (quite a mockery...) In fact, I quickly completed everything. The amount is 402,000.00 rubles. For me, it is significant and the damage is great. The transfer operation was carried out by the bank without confirmation. I intend to contact the bank again and, if I receive a refusal again, go to court. In your opinion, do I have a chance?

Awaiting review

Pavel Palagin

I had a call to my phone number, allegedly, as I later realized that it was scammers, they introduced themselves as the security service, they said that they wanted to use my card four times, they asked me to name the PIN code that would be sent to my number, I was confused and said what percentage of money back I have! To the police I wrote a statement! What should I do next?!

Sergey (senior lawyer)

Hello, Pavel! You did everything that needed and could be done in such a situation. The bank will definitely refuse to return your money, since you yourself provided confidential data to third parties. You can only wait for the results of the investigation and remind the investigators about yourself more often.

Elena Mizheritskaya

Good afternoon. On May 12, money was withdrawn from my card in three operations, two were successful, and the third one was rejected as insufficient funds. I have an SMS notification activated, after I saw them, I called the bank’s hotline and blocked the card and personal account , explained the situation, what happened. On May 13, I was in the bank office and wrote a claim for withdrawing money without my consent, since I did not transfer the card to third parties, did not share the PIN code, and the confirmation codes were not sent to me. On May 28, I received a refusal payment, since I supposedly entered the deposit code. Please tell me what to do correctly.?

Sergey (senior lawyer)

Hello, Elena! If you are sure that you are right, then you need to challenge the bank’s refusal in court. You can also try contacting the prosecutor's office with a complaint about the bank's actions.

Sergey

Hello! A classic situation happened. My wife lost her Sberbank bank card. The loss was not discovered immediately. But after SMS messages began to arrive with the funds written off in equal parts. In an interval of 30 seconds. As I later found out about some game , posted on the Google platform. We immediately blocked the card, wrote a statement to dispute the write-off of funds and filed a statement with the nearest police department. What is the likelihood that the bank will refuse to return the funds to us? And what documents will we need to collect to prove our innocence during further proceedings in case of refusal? Thank you!

Sergey (senior lawyer)

Hello, Sergey! The chances of the bank returning the money are zero, since as a result of the careless actions of the card owner, third parties gained access to it. Therefore, the only hope remains that the police will find the attacker who spent the money from the card.

Elena

Hello, at the Dominican Republic Airport, after my luggage was confiscated, my suitcase was opened (the lock was torn out) and the card I had accidentally left there was taken out. Upon arrival in Russia, I received an SMS about the debit of a fairly large amount, the card was automatically blocked and an application for a refund was immediately sent to the bank funds.What are the chances of getting the money back?thanks

Sergey (senior lawyer)

Hello, Elena! Most likely, the money was written off long before arriving in Russia and receiving a message about the money being written off. Therefore, on this basis, the bank will most likely refuse to return the funds, since the transaction can no longer be frozen. In addition, the bank will have questions regarding the circumstances of the loss of the card and will need documents from law enforcement agencies in the Dominican Republic. Taking into account the noted points, the chances of a refund are minimal.

Maria

I was in India when I received an SMS notification that my card was blocked due to suspicious transactions! In general, they withdrew the same amount of money 4 times, the notification went on 5 times. This was in a neighboring state from the state where I was, the time of withdrawal and geolocation can be seen in the application. I immediately picked up the phone and started calling the bank to block the card and write a statement to cancel the transaction. My application is still being processed, a couple of months have passed. What is the likelihood of a refund in my situation?

Sergey (senior lawyer)

Hello Maria! Since the notification regarding the transactions was not made by the bank, then in accordance with Art. 9 of the Law on the National Payment System, the bank is obliged to return the funds to you. But it is possible that you will still have to fight for a refund, since banks are very reluctant to return funds in such situations.

Paul

Good afternoon, the phone on which I had an online bank was stolen, 40 thousand rubles were transferred from a credit card, I contacted the police and wrote an appeal to the bank, the bank refused to return the funds. Is it possible for me to get my money back somehow?

Sergey (senior lawyer)

Hello, Pavel! In such a situation, the bank itself will not return the money, since there are no necessary conditions for this provided by law. The only legal way is to recover the stolen money from the criminal who unlawfully took possession of your phone.

Alexei

On April 29, I received an SMS about two payments, before that there were no questions about confirming transactions, I immediately started calling Sberbank and told them to block the card (while the operator answered, 10-15 minutes passed), since I did not confirm the payment data, then I went to the bank, where the operator filled out a return application and I received an SMS with the application number. Today, May 3, they sent me a response from Sberbank that there are no grounds for a return. I had the card, I didn’t lose it, I didn’t pass on any data to anyone. The bank can issue an extended statement of cash flows only in 3-4 days, that’s what they told me, they told me to try to come up on Saturday, May 4, maybe it will be ready. Time is running out. Where to go to get the bank to return the money. (In accordance with Article 9 of the law on the national payment system, the bank is obliged to suspend the transfer of funds after receiving information from you that the operation was carried out without your consent, and also, in the case of a transfer of money, to reimburse you for the amount of the operation.) This answer was copied above , how relevant is this? Why then did the bank refuse to reimburse? Here is another answer I copied (Even if it is established that the write-off occurred as a result of illegal actions of third parties, the bank will not return the money. This is not provided for by law. The return of the money must be carried out by the direct culprits of the theft.) I also saw an option that the bank must return money, and then sort out the situation, but of course this option is inconvenient for the bank, if the money is returned to the client, then it will definitely be necessary to sort it out, but if you refuse, then you can forget and let the client pay himself

Sergey (senior lawyer)

Hello, Alexey! The fact is that the legislation surrounds the return of funds to the client with numerous complex conditions that cannot always be met. Therefore, perhaps the bank takes advantage of the complexity and intricacy of the legislation to refuse to return the money. Each situation is unique and needs to be dealt with specifically. It is advisable to request a reasoned refusal from the bank in order to then challenge it officially.

Ksenia

Hello. On April 15, 2019, I received an SMS on my phone from Sberbank about the debit of funds. I decided to check in my personal account if this was really the case. The history indicated that the money was written off by google*california g.co USA. The card was not even linked to any Google accounts. I called the bank, described the situation and my card was immediately blocked. On the same day I went to the bank and wrote a statement about unauthorized withdrawal of funds. Is there a chance that I will be refunded the amount written off without confirmation codes?

Sergey (senior lawyer)

Hello, Elena! In accordance with Art. 9 of the law on the national payment system, the bank is obliged to suspend the transfer of funds after receiving information from you that the operation was carried out without your consent, and also, in the case of a transfer of money, to reimburse you for the amount of the operation.

Aurika

10/29/18 at 10:26:21 (Yakutsk time) I inserted my card into the ATM, having received a refusal with a comment in the check “the requested amount cannot be issued, repeat the request by reducing the amount”, I tried again at the ATM located in same premises, received a check with a similar comment, I turned around and left, but did not forget my money. Some time after I left the premises where the ATMs are located, I received an SMS notification on my phone stating that an amount of 200,000 thousand rubles had been written off. The bank refers to clause 8 of the Cardholder Reminder as the basis for refusing to return my funds: to correctly complete the cash withdrawal operation, you must receive money, a card and a check. Of all the above, I received a card, a check with a refusal to issue money. In the cardholder's memo, as well as in other regulatory documents, I did not find any norms or rules that would indicate to the bank client that he is obliged, after receiving a rejected check, to stand near the ATM that issued the refusal to complete the transaction for any period of time. Any citizen, being a bank client, entrusts his money, counting on its safety and security. Ensuring the proper, correct, uninterrupted operation of any programs, equipment, etc. is not its responsibility, it is the direct responsibility of any BANK. The fact that the equipment for which the bank is responsible failed in some way is not my fault. PJSC SBERBANK of Russia provides citizens and legal entities, including me, with banking services, for which I pay. The recommendation indicated in the response to my appeal: to contact law enforcement agencies to return funds, is at least “frivolous.” How can I get my money back? I plan to go to court to determine which rules of law are best to rely on.

Sergey (senior lawyer)

Hello! The statement of claim must use the provisions of the legislation on the protection of consumer rights in terms of improper provision of services, as well as the provisions of civil law on bank account agreements. It may be necessary to use other documents, including bank documents, since from a legal point of view the situation is complex. It is better for you to contact a lawyer who will help you analyze the situation and choose the most appropriate laws to resolve your situation and to indicate in the text of the statement of claim. Unfortunately, filing a lawsuit in your situation is the only way to get money.

Love

Hello! Tell me what to do in a situation when the bank demands the return of money written off from the card by fraudsters. Everything is absolutely similar, like most people, they called me from the multi-channel number of the bank Sovcombank PJSC, the girl introduced herself as bank employees, said that at the moment they are trying to write off my money in another area, they gave the name of this person and the area of ​​write-off, they also called the amount that was subsequently stolen, SMS notifications came with the identification of the operator, that is, the bank. In your personal account, the transaction history shows that the transfer was made after the time the card was blocked and was withdrawn in two different banks, one of them is Sovcombank, and the other bank is the All-Russian Regional Development Bank (there are no offices or branches of this bank in our region). I also wrote a statement to the police on the day of the incident, tried to recall the payments by calling both banks, to which they refused, but I only found out about the detailed statement on this forum. the fraud occurred on March 22, 2019. Should I return the funds stolen by scammers to the bank, what should I do in this situation, please tell me?!

Sergey (senior lawyer)

Hello, Love! Such a return is not provided for by law. After all, if the bank returned the funds to you that it did not manage to transfer to the scammers’ account, then it is your money, and the bank has no legal grounds for demanding the return of these funds. Therefore, first, clarify the legal grounds for the bank to put forward such demands, and after the bank’s response, it will be possible to more substantively assert the legality of the bank’s actions.

Catherine

Good afternoon. Money was debited from my credit card to a company in Estonia. I found out about this completely by accident. They called from Sberbank and said that my bank card had been hacked and it needed to be blocked. I needed to transfer money from all accounts to the card, and then transfer it to a bank account so that fraudsters would not take possession of the funds. They contacted me by name and patronymic. Sent SMS confirmation for blocking. SMS came from Sberbank number 900. I had no idea that they were scammers. They fooled my brain, got on my nerves, scared me. By inertia I decided to check another card, went into my personal account and found two transactions I called the bank and blocked the card. I wrote to the bank that the funds were debited fraudulently. The debit was on January 25 and the money was gone on January 29, 25.01. I had already blocked the card. To which I then received an answer that I confirmed all actions by SMS. But I didn’t receive anything. I did the details and found out that during a conversation with an alleged Sberbank operator, a redirection was made to another number. I found this company in Estonia, contacted them, they are ready to provide information on these operations, but only with an official notification from law enforcement agencies. I’m now trying to file a statement with the police to initiate a criminal case, but they don’t want to accept the statement. There’s no one document or another. So I’m running. Now the bank has put this money on me and there’s interest, and the amounts are not small, 40,000 and 38,000 rub. For me this is a lot of money. - According to Art. 9 of the Federal Law “On the National Payment System” in the Russian Federation, the banking organization must return the stolen money to the client, and only then conduct proceedings to consider all the circumstances of the loss. Tell me what other actions I should take.

Sergey (senior lawyer)

Hello, Ekaterina! To receive money under Art. 9 of the Law on the National Payment System, a fairly large number of conditions must be met. Therefore, you must first study this article and check whether these conditions have been met by you. In addition, you need to study the rules for issuing and using Sberbank cards. In your situation, you must first write an application for a refund to Sberbank. The police should have accepted your statement, since the actions of the unknown persons showed signs of a crime. If you refuse to accept the application, contact the prosecutor's office with a complaint against the actions of the police officers.

Natalia

Yesterday they called on the phone because I gave an announcement about the sale of the apartment and suggested that I not sell it to anyone as a deposit of 50 thousand rubles. As a result, 45 thousand rubles were withdrawn from my card and with my help through an ATM, what should I do?

Sergey (senior lawyer)

Hello, Natalia! Your best bet is to file a fraud report with the police, since there are criminally unlawful actions of the attackers.

Olga

Hello! On January 10, 2019, 1,500 Euros were stolen from me from an Alfa Bank card, a ruble credit card. I discovered this the next day, January 11, 2019, completely by accident, when I logged into my personal account. I have had SMS notifications turned off for a long time. But I think the bank should have been notified about the withdrawal of such an amount, especially abroad... I called the bank, blocked the card, wrote a statement of protest at the bank’s office, and also wrote a statement to the police. At the time of the theft she was in Moscow. The money was withdrawn in France (or some French company) in euros. There were no traces of any SMS or calls from scammers! I haven’t discredited my card on any “strange” sites. The withdrawal time is not indicated in the application; I contacted the bank the next day. - perhaps a little more than a day has passed (because I don’t know the time of removal). What are the chances that the bank will return the money? 39 days have passed, the bank is silent

Sergey (senior lawyer)

Hello Olga! After such a period of time, the chances that the bank will return the money are almost zero, since the basis for the return of money is the rapid blocking of the transfer of money from account to account and the actual cancellation of the transaction. To clarify the situation, you can read the terms of your credit card agreement, which may contain rules of conduct and conditions for refunding funds.

Egor

My money was stolen from a prepaid bank card of a non-bank credit organization, Yandex.Money LLC of the Mastercard system. The withdrawal was cash from an ATM. I was sitting on the couch in the evening in one country, and I received an SMS about withdrawing funds from an ATM in ANOTHER country. My passport contains stamps confirming my entry into Malaysia. And the money was allegedly withdrawn at ATM in Indonesia. And literally within 1 minute I blocked the card in online banking on my mobile phone. And he immediately started calling the bank. They confirmed that right at the time of the conversation, after the card was blocked, attempts to withdraw money from an ATM in Indonesia continued for several days (judging by the name of the point in the check in the online bank - I googled it). However, I did not lose the card. She is still in my arms. They accepted the application. I received an email notification of my application number. A couple of hours later the answer came that we were sorry, but there was nothing we could do. The money was withdrawn. The card is in your hands. It's blocked. Contact the police. I asked them to look into the situation. Request video and photos from ATM cameras where they withdrew money and continue to do so. They initially refused, saying that they did not have such powers. And after my repeated letters they said that they had started a trial and would write back based on the results. But they don't give any details. They are probably formulating a new refusal. I even wrote to them about where I saw suspicious behavior with my card in a cafe. I gave them the exact address and telephone number so that their legal service would initiate an inspection of the cafe for the presence of prohibited equipment for copying cards built into a dummy payment terminal. The amounts on my cards can be very large. And the fact that the little one has left now is lucky. I want to understand the situation, find the scammers and punish them. And to attract the bank, at least as an ally in this matter, so that their big lawyers play on my side. A refund would be nice too. What courses of action do you recommend? Can I get the bank to help find the criminals and get images from ATM cameras? Can I get my money back?

Sergey (senior lawyer)

Hello, Egor! Since the crime was committed on the territory of another state, not Russia, it is necessary to know the peculiarities of the legislation of this country. Also, to determine the scope of the rights and obligations of the parties (you and the bank), it is necessary to familiarize yourself with the agreement concluded between you. In accordance with Russian legislation, there are no grounds for a refund, since the bank promptly notified you of the suspicious transaction. And here again we need to refer to the agreement between the parties and the rules for servicing bank cards. The matter is further complicated by the fact that the investigation of the crime will be carried out according to the laws of Indonesia. So there is no simple answer to your question; you need to dive very deeply into the situation.

Daniel

On January 30, 2019, I was very tired. Two guys came up to me and said that they urgently needed to fly to St. Petersburg. They said, can we please make sure that the amount of 153 thousand is transferred to your card. rubles and they will take it off. They showed me a screenshot where this amount was actually transferred to my card. We went to look for ATMs. Then, when we found them, one of them phoned someone and said that since the transfer was from a legal entity, the money would take a long time to be transferred, + the citizen who sent me the money was supposedly in Germany. They asked me to give them the card and tomorrow they would return it to me, since the flight was in 3 hours (supposedly at 8 pm). They left. Later they called me and said that my card was blocked, because they connected the Mobile Bank service to their number and asked me for details. I fell for it too... I told them the details. I tried to log into Sberbank Online, but to no avail, because it was already registered to the number of one of the attackers. I met my friend. While we were walking with my friend, they called me several times and said that they were supposedly coming to see me, because their flight had been postponed and they would now withdraw money from me, and later one of them said that since the traffic jams were big, they couldn’t make it in time onto the plane and they turned around and left. A deposit amount of 350 thousand rubles was withdrawn from my card. They promised me that they would return the money tomorrow. At 10 pm I called Sberbank and found out that all the money was gone from my deposit, I blocked the card. They transferred them to different accounts during the campaign. Can I get my money back if I can prove that it was not me who committed this action and was in another place in Moscow?

Sergey (senior lawyer)

Hello, Daniil! Under these circumstances, there are no grounds for returning the money, since you violated the rules for using plastic cards by transferring them to third parties. And the relevant rules most likely provide that such actions with your card can be performed using identification information that you provided to third parties. And if such information was entered, then it is considered that you performed the corresponding transactions.

Lily

Hello. In my case there was a theft. So I understood that people themselves trust scammers, and then suffer from their actions. So everything is in order. On 12/21/18 at 8 am, I saw on my phone an SMS about the debit of funds, 4 times for certain amounts in total, which amounted to more than 44 thousand. The SMS included a link to the online store website. I must say I didn’t buy anything there. I immediately called the bank's hotline and reported what had happened. My card was blocked. Then I wrote a statement to the bank and to the police. I received the first response from the bank in about 20 days. Everything was in English. Of course, I didn’t understand anything and again wrote a letter of complaint with a request to explain everything to me in Russian, and generally return the money. I received a second letter today with a refusal to return the money, citing the fact that I allegedly bought something on this site in October, November 2017 and did not file a statement of protest (maybe I actually bought something there, but it was a year since extra back). They also wrote that the operation cannot be considered fraudulent, because... the documents on this site contain my details (full name and postal address) Which I think is quite natural, since I ordered the product, they should have sent it to me somewhere. Therefore, based on the results of the audit, they believe that the write-off was legal. But as far as I remember, when purchasing something, you always receive an SMS with a transaction confirmation code. But I didn’t receive such an SMS. The question is this. I want to sue the bank demanding my money back. Is there a chance to win this case?

Sergey (senior lawyer)

Hello! There are no grounds for collecting funds from the bank in this situation, since the bank properly informed you about the transactions performed. In addition, it is necessary to establish your exact compliance with the procedure for informing the bank about unauthorized access of third parties to your card. Here you need to look at the customer service rules and other documents in force at the bank. Given these circumstances, the matter is actually not simple and you need to seriously prepare to get a positive decision. It also does not hurt to familiarize yourself with judicial practice in such cases.

Yulia Matveeva

Hello! I suffered from fraudulent actions: on January 8, 2019, at 11:27 p.m., 65,000 rubles were withdrawn from my credit card. A criminal case was opened. I contacted the bank on the morning of January 9, 2019. I always regularly paid for using the card. But something bad happened. I work as a teacher. We live with our daughter (10 years old), divorced. Two loans (I pay on time). I can’t cope with paying 65,000, and even with interest. Please help me a lot. what can be done. The scammers called from the number 89005769784. The transfer was transferred in parts to the telephone line 201102041 TELEBANK\TYUMEN\643/ help, please!

Sergey (senior lawyer)

Hello Julia! In your situation, it was necessary to use the provisions of Article 9 of the law on the national payment system, which provides for the possibility within a few days, subject to compliance with the procedure for returning funds by the bank by canceling the payment transaction. Therefore, here you need to understand the sequence of your actions and the circumstances that led to the debiting of funds. But in any case, you should not count on a quick favorable outcome; you may even have to go to court.

Tatiana

Hello, last night my husband lost my bank card, we chipped in only in the morning, in seven hours about seven thousand were withdrawn from the card, up to a thousand were withdrawn, of course there was no need to enter the PIN code, I called the bank and blocked the card! The bank said contact the police, tell me if it makes sense to contact them, will they return the money, or will it just be an extra hassle?! Thanks in advance for your answer!

Sergey (senior lawyer)

Hello Tatiana! The money will not be returned because there was negligence on the part of the card owner and the procedure established by law for informing the bank about third parties gaining unauthorized access to the bank card was violated. But it’s worth contacting the police, since the actions of the unknown person contain elements of a crime and he can be found from the recordings of video cameras in the stores in which he used the card.

Mikhailova Maria

the same thing as the others, the slave of the security service died, was hired by deception, 120 thousand wrote to the bank and the police were recognized as a victim for theft, what percentage, what will the bank return and what should I do so that the bank returns at least part of the harta loan

Sergey (senior lawyer)

Hello Maria! Here you need to look at the specific actions that you took to prevent damage and inform the bank about the unlawful debiting of funds, as well as your guilt in providing payment information to attackers. Since a lot of time has passed since the funds were written off, it is now too late to act in accordance with the provisions of the law, subject to which the bank was obliged to return the money.

Catherine

Good afternoon. November 20, 2018 at 12.00. I posted an ad on Avito about the sale of children's things and 20 minutes later a man called me and said that he wanted to buy something, but was ready to pay straight away and on the card. I told him the card number and the period until which it was valid, to which he asked me to dictate the code that came in the SMS. Now, of course, I understand that I shouldn’t have said anything (mothers on maternity leave lose their vigilance), but in this way every penny of money was written off from my card. I immediately called the bank and blocked the card and the online bank, and the girl told me to go to the bank branch and write a claim for the disputed amounts, which I did and wrote a statement to the police (where they told me that the funds could only be returned by the bank’s decision). What is the probability that the funds will be returned or the bank will refuse the return, because it was possible to immediately cancel the transaction to the bank upon a call from the client? Thank you in advance.

Sergey (senior lawyer)

Hello, Ekaterina! Based on Art. 9 of the law on the national payment system there are grounds for the return of transferred funds, since you notified the bank within the appropriate period that the operation was carried out without your consent. But the bank may refuse on formal grounds, for example, the notification does not comply with the form of the agreement concluded with you. Here you need to look at the agreement with the bank.

Svetlana

Hello, my situation is exactly like Polina’s. Only after I came to my senses did I call the bank’s hotline. The card was immediately blocked in order to limit further withdrawal of funds by fraudsters. The next day I wrote a statement to the police. Next, on the recommendation of the investigator, she took a printout of my phone calls. With a receipt and a statement registered with the police, I went to the bank to get a certificate about the movement of funds, where I received a refusal because all movements of funds in the bank are displayed only after 3-4 days. Today is the third day since that day, I contacted the bank again, where they told me that in the event of fraud, within three working days it was necessary to submit an application for a disputed transaction and contact the insurance company. Now it turns out that time has been lost and you won’t get anything back? Although the girl is the same the hotline claimed that the bank returns small amounts. I don’t know what to do and I blame myself.

Sergey (senior lawyer)

Hello Svetlana! Funds can be returned only if it is recognized that the funds were written off without the client’s consent. If you yourself provided payment details to the criminals, the bank may refuse to return the funds.

Edward

The “Sberbank security service” called, they said that there was an unauthorized entry, they checked my passport details, then they wrote off the money. Can I get the money back? I blocked the card. I immediately contacted Sberbank.

Sergey (senior lawyer)

Hello, Eduard! Theoretically, if the funds have not yet been transferred to the recipient’s card, then on the basis of Art. 9 of the National Payment System Law, the bank can cancel the transaction and return the money.

Vladimir

Hello. My funds were debited from my card, 60 thousand rubles. I paid for things through the bank’s website. The site turned out to be fraudulent. I paid 1,700 rubles and confirmed this transfer, and then they wrote off 60 thousand. If there weren’t any laws, I would be able to get the money back from the bank?

Sergey (senior lawyer)

Hello, Vladimir! There is Article 9 of the Law on the National Payment System on this matter. If you promptly contacted the bank to block the transaction and the attackers did not manage to withdraw the money, then the bank can return your money.

Pauline

Hello, On November 1, 2018, when I was returning home from work by bus in a bad mood, they called me on my mobile phone and, introducing themselves as a security officer of the Central Bank of the Russian Federation, reported that fraudsters had used my card and debited 1200 (one thousand two hundred ) rubles. Next, the girl “bank employee” asked for the numbers of all my cards, supposedly in order to check the transaction and identify the actions of the scammers. Having trusted the female employee, I told the card numbers, then the girl said that now I would receive an SMS message with the numbers that she needed to dictate, so that she could more accurately check the information on transactions, she also constantly hurried me , explaining this by the fact that the scammers were again trying to withdraw funds. While I was talking to her on the phone, I received SMS messages that I could not read, since the girl was constantly telling me something. Then I ended the call to look at the SMS messages and discovered that 15,000 rubles had been debited from my credit card. Of course, I did not withdraw this amount and did not carry out any operations. The girl called me again, from a different phone number, and having received my refusal to provide the code from the SMS message, she insulted me and hung up. Accordingly, anyone already understands that this is a scam. My question is, does it make sense to wait for any refunds, if in fact I myself said the secret codes from SMS messages. ? and what should I do, what should I write? Where should i write? I blocked the cards immediately...

Sergey (senior lawyer)

Hello, Polina! Without your active actions, the bank will not return your money. You can try to write an application to the bank for the return of the transferred amounts; perhaps the bank will have time to suspend the transfer and return the money. And this needs to be done as soon as possible. And against fraudsters, it is necessary to initiate criminal proceedings by sending a statement to the police.

Dmitriy

Hello! My card was used to make a purchase on the Internet, I immediately called the bank and blocked the card and wrote a statement to the police, please tell me if I have a receipt in my hands confirming the acceptance of my application and a protocol recognizing me as a victim, do I have the right to demand a refund from the bank?

Sergey (senior lawyer)

Hello Dmitry! In accordance with Art. 9 of the Law on the National Payment System, there is a chance of canceling the operation and returning the money to the account. But it is possible that the bank will prevent this in every possible way and will have to prove its case in court. It would also be a good idea to study the rules of this bank regarding card transactions.

Alexei

Hello, my mother’s Sberbank credit card was stolen, there was an amount of 30,000 rubles on the card. All this money was withdrawn in stores, as it turned out later, if the amount is less than 1,000 rubles, then you do not need to enter the PIN code, in short, the card was withdrawn during the day The entire amount has been spent. The mother wrote a statement to the police, they found the thief and ordered her to pay the entire amount, but no one ordered her to pay interest on this amount. As a result, almost 3 months have passed since the trial, she still has not returned 30,000 rubles, although she was ordered to do so this and also on this amount the bank continues to charge interest, although the prosecutor's office sent both a trial and a decision to the bank. As a result, the bank is now demanding that my mother return the entire amount and interest. PLEASE TELL ME WHAT TO DO IN THIS SITUATION. Thanks in advance.

Today we will answer the question of what it is - “Blocked funds” and other blocked funds in Alfa-Bank’s personal account. In fact, the problem of blocking money is not so rare, and therefore it does not need to be immediately blamed on Alfa Bank. Let's delve a little into the details and find solutions. And yes... All in simple words.

The problem of blocking funds - where does it come from?

Money is blocked during payment. There are several options for blocking funds:

  • Random blocking
  • Intentional blocking

Usually people come to the problem of blocked funds for a random reason, when it has absolutely nothing to do with them. There may be deliberate blocking of funds. For example, you make a hotel reservation. To confirm your payment intentions, the hotel does not immediately debit the funds, but blocks the funds until the end of your stay. In case of cancellation of the reservation, the money will be fully or partially refunded, in the case of termination of the stay, the money will soon be written off in full.

Usually money is blocked by accident. You are making some kind of purchase on the Internet. The money, just as in the hotel example, is blocked in your account, and the seller’s bank must issue documents for debiting. Usually documents are provided instantly and there are no delays. If the seller’s bank delays, a situation will arise where funds are blocked. Specifically, in Alfa Bank the message “Funds blocked” will appear.

What to do if funds are blocked?

Yes, do nothing. If you have made purchases and the money is blocked, then you need to calmly wait. You only need to act when money appears blocked, and you do not know its origin - in this case, you need to contact the bank's support service by phone or visit a bank branch.

In other cases, just wait. Usually the money is transferred within 5 days. If the blocking remains after this, then contact the bank and let them try to understand what’s what. Let the seller also interview his bank. According to bank documents, the money will be released by your bank only after 31 days, if documents for debiting are not provided. Therefore, you should just wait; usually 5 days are enough for all transactions in the bank.

Seller's problem

The main reason why people start looking for an answer to this question is the seller’s refusal to send their goods. Of course, the seller may believe that he is dealing with some kind of scammer, of which there are already quite a few in our time.

If payment is delayed for a short period of time, it is recommended to wait. If after this the money is not unblocked, contact the bank. If the payment was made through PayPal (for which delays in funds are quite common), and the payment took place on the same Ebay, then the seller must already send the goods. The guarantee after payment is made is provided by PayPal itself; no one should lose in this situation. But you shouldn’t delay the waiting period too much. Under the terms of the same PayPal, the seller will be able to claim his money from the payment system within 21 days, and leave you without the goods.

So, a short summary. Funds blocked during payment? Don’t worry, you can freely wait up to 5 days without active actions. Otherwise, contact Alfabank. In any case, the seller must send you your goods.