Anyone can make a mistake, including a bank employee. The most common error is the incorrect writing of personal data when transferring money or issuing cards. Credit institutions are ready to correct mistakes at their own expense, but not to compensate clients for moral damage.
The situation when the client receives the long-awaited plastic card and sees that the letters are mixed up in the name indicated on it, is not uncommon. A citizen could correctly fill out an application for issuing a card, but at the end receive it with a different surname.
Bank employees admit that the list of the most common mistakes is dominated by those related to the human factor. “As a rule, this concerns the incorrect spelling of the client’s personal data - for example, indicating the wrong name when issuing bank cards,” explains Vladimir Donshchuk, who is the director of sales and distribution of the retail segment in the Moscow region.
Having received a plastic with an error, there is no need to rush to reissue it. After all, not every inaccuracy in writing the personal data of the cardholder is critical. According to Valery Torkhov, who is the deputy chairman of the board of Avangard Bank, the card may contain mixed up letters in the name or surname, but much will depend on the store cashier - whether he considers this a reason for refusing to pay for the purchase or not.
Therefore, reissue should be taken care of when a problem arises in practice. They may appear if the acquiring financial organization has set strict requirements for the work of companies accepting payments by bank transfer.
There are special instructions developed by banks for cashiers at points of sale. According to them, the name indicated on the card must match what is indicated in the passport. If another name is written, then the plastic is invalid.
However, variations are allowed in the first and last name. For example, you can write Dmitriy, or you can write Dmitri, but when the surname is Petrov, and Patrov is written on the card, then such a mistake is considered obvious.
“When transliterating a name, an insignificant difference is possible - a maximum of two letters,” says one of the bankers, noting that when issuing a card, credit institutions ask the client to write the last name and first name as in the passport.
Alexander Vishnyakov, who heads the card business and remote service department at "", recalls that using a card with small errors in transliteration in Russia is not prohibited. But if the client asks to change the plastic because of the mistakes made by the employees, then the acquirer will do it for free. But if the citizen himself indicated incorrect information when filling out the application, the bank will make the reissue paid.
Errors in typing personal information are also possible in situations where the bank transfers money on behalf of the client. “The operator may incorrectly enter the data of the client’s passport or indicate the erroneous details of the bank to which the transfer is sent,” says the chief specialist of the business development department of one of the banks.
According to the specialist, the risk of such a mistake always remains, but the documents are subjected to double checks, first they are checked by the head of OPERO in the department, and then follow-up control takes place. If an error is found, it is corrected.
On one banking Internet resource, an AJR visitor wrote a review about how he transferred funds to Loko-Bank through the WesternUnion system. “I got a transfer. I returned home and read more carefully what was on the paper. My patronymic, written in Latin letters, and from that I did not immediately make out, turned into a swear word. I received the document and it turned out that according to it I am now HYEVICH, ”he complains.
If errors were made in the name or surname, then, as in the situation with cards, a maximum of two minor errors are allowed. If the details are written incorrectly during the transfer, then the funds will not be credited, they will be returned back to the account, after which it will be possible to send them again.
Operators make mistakes not only during transfers, but also in the process of replenishing client accounts. In one financial institution, they talked about a case when an employee mistakenly credited money to a debit account that a client wanted to transfer to an account with an open overdraft card in order to pay off the debt.
Another mistake typical of bank employees is incorrect advice. “Sometimes the following happens: the client is given incorrect information either due to the unprofessionalism of the employee, or because the employee speaks “banking” language, forgetting that a citizen may not understand such terms (by the way, for this, our website has) , as collection, BIC of the bank, debit card etc. As a result, the client misunderstands everything in his own way,” says Olga Saushkina, head of the client relationship development department at Moskommertsbank. The consequences, she says, are different: money is sent to the wrong place, delays arise, claims and complaints are written to the bank.
One banker recalls a case in which a customer was assured over the phone that a replenishment bank card in a currency that differs from the currency of the card account, is made without commission. “Our tariffs involve charging a commission, the employee made a mistake due to ignorance of the tariffs. As a result, they took a commission from the client, spoiling the relationship with him. This is a gross mistake,” adds the banker.
Also, in one of the financial organizations, on condition of anonymity, they told about the case when an employee announced to the borrower the amount of debt on plastic with an overdraft, forgetting about the commission under the card account agreement. As a result, the debt was not repaid in full.
1. When errors are discovered, bankers take urgent action to correct or eliminate them. If the credit institution incorrectly indicated the client's data on the issued card, then at the request of the holder it is reissued.
2. When making a mistake when money transfer bankers contact the client and ask him to repeat it.
3. If the employee incorrectly informed the citizen about the amount of the debt, underestimating it, then he will notify the borrower about this and ask him to add the required amount.
In order to prevent errors caused by the human factor, financial organizations are trying to automate the procedure as much as possible. Where there is manual labor, for example, among tellers, there is always a high probability of errors. Banks are fighting this with the help of maximum transaction automation and, of course, through effective organization of control, mentoring, and additional training.
When analyzing the punctures that have taken place, the main thing for a credit institution is to find out whether they accidentally crept in or whether it became a system. If the error is of a systemic nature and the human factor is not to blame, the bank will finalize this business process. If the mistake is the result of the employee's actions, then we try to improve his qualifications.
The banks assure that they are ready to compensate for the direct damage to the client, incurred as a result of the mistakes of employees. Based on the agreement with the client, the financial institution undertakes to reimburse fines, commissions and other payments erroneously debited from the account.
However, indirect and moral damages to the client will have to be compensated in court. Representatives of banks recognize that often mistakes cause not direct financial losses of clients, but time and emotional costs (for example, it is necessary to re-visit a credit institution). But the amount of compensation for moral damage is determined exclusively by the court: bankers can return the funds illegally transferred to the client, but they are not authorized to independently assess the amount of moral damage.
In addition, it is difficult for the client to compensate for indirect losses caused by a delay in making a payment due to incorrectly specified data. Any compensation for possible harm is determined by the contractual relationship of the financial organization or the court. Usually the bank is liable for direct monetary losses, which still need to be proven. Customers can only obtain other compensation through litigation.
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Read the materials on our website financial literacy to always be aware of how and where to solve a particular problem related to banks.
The bank has mistakenly transferred money to your account. How to be? On the one hand, such a temptation to take advantage of the opportunity and take them for yourself. But, on the other hand, there is a risk of making problems for yourself. Let's try to answer the question: "Is it possible to save money if the bank made a mistake in your favor?"
The comma game fits this phrase perfectly. Where to put a comma?
In theory cash, which were mistakenly sent to your account, can be used. But in practice it threatens big problems both with the bank and with the law. Therefore, it is better to immediately return the funds to the owner, whether it is an organization or an individual.
To the question: “Can I keep the money transferred by mistake to myself?” we answer as follows. This is the appropriation of someone else. That is illegal . If you take into account the human factor, this is ugly. Although you can use the funds at your discretion.
If, upon discovery of funds, you decide to withdraw them, then be aware that the amount allowed for withdrawal within a day is not very large and amounts, for example, to 150 thousand rubles in a savings bank. It is unlikely that such money is worth getting on the other side of the law.
With a bank, everything is easier.
Don't take the matter to court. 99% that you will lose the trial. You will be obliged not only to return the money, but also to pay legal costs, as well as damage to the bank.
In addition, a criminal trial is also possible under the articles “Fraud” (Art. 159) and “Assignment and embezzlement” (Art. 160). Prosecution under these articles guarantees 2 years in prison or fines in the amount of 120,000.
Everything will depend on the literacy of the line of defense. If your lawyer is experienced, there is an opportunity to win the case, and then all costs are borne by the bank.
How can a large amount of money come to the card? It turns out that a banal system failure may occur during the transfer, and extra zeros will automatically be added to your 1000 rubles. Or the system will erroneously assign zeros to the sum.
As a rule, such inconsistencies are instantly detected by the bank. So it can't be hidden. Serious organizations have a division at their headquarters, whose employees are responsible for minimizing errors on the part of the bank.
With the help of modern technology, they monitor all suspicious transactions and sudden cardinal changes in the amounts in customer accounts.
Another situation. Suddenly, a large amount of money comes to your card. No one is calling, no one is looking. How to be? After all, you know that using other people's money is misappropriation and waste.
In fact, there have been such situations. The lucky ones, who had an unexpected fortune in the form of a million dollars, grabbed everything they needed (things, family, documents) and departed in an unknown direction, more precisely, abroad.
The further fate of these lucky ones develops in two directions. Some spend money very quickly on entertainment and one day find themselves behind bars, while others, smart ones, use their money as initial capital to develop their own business.
They do not advertise their wealth anywhere, no police will find them. And in a few years, dozens of other, already their own, millions grow out of this million. But these are isolated cases. In general, in practice, banks rarely make mistakes at a loss.
Such a situation may also occur. The client comes to the bank and withdraws cash from the card or a transfer, let's say in the amount of 50,000.
An employee mistakenly gives him 55,000 instead of fifty thousand. The client does not count in a hurry and leaves. The next day, they call him and ask (or demand) to return the extra 5000. Who is right here and who is wrong?
If the receipt indicates: 50,000, and the client does not agree with the fact of receiving extra funds, then the bank must collect evidence, otherwise those 5,000 that were mistakenly issued to the client, the bank will withhold from the cashier.
The cashier is a financially responsible person, and if it is not possible to prove the fact of unjust enrichment and demand a refund from the client, then the cashier will be obliged to compensate for the damage from his own pocket. As evidence, the bank may use the testimony of witnesses, audio or video evidence.
If the money came to you through a transfer from a bank or from another card, then the transfer was made by a person. Reason: most often this is a banal error in the details or a bank error when processing a payment.
A call to the bank support will solve everything.
Be careful. Today, scammers operate according to similar schemes. The potential victim receives a message, the essence of which is that the balance of her card has been replenished by a certain amount. Immediately a new message or a phone call from the person who made a mistake.
In fact, this is a scammer who will try to take your money by all means. He will ask you to transfer them back to him or call the code from SMS. So not only will you not be able to keep other people's money, you will also transfer your "hard money" to an outsider.
Therefore, the most correct decision is to call the security service or the support service of your bank.
Conclusion: In other words, even if you become the owner of a tidy sum that accidentally flew to your card, think ten times, the game is worth the candle. Is it worth it to keep the money transferred to you by mistake.
Perhaps you had a similar situation? How did you do? Did you keep or get your money back? Share your experience in the comments below.
Almost everyone knows what to do if the bank dangled money from you. Call, worry, demand. But what to do when at the bank's cash desk they gave you one hundred thousand rubles instead of ten thousand?
1. To begin with, consider the case if you were given a large amount at the bank's cash desk. Here it is necessary to understand clearly. The bank will receive its money. Not with you. From the cashier. Any cashier signs an agreement on full liability. Therefore, if the cashier is mistaken, then the bank, although it will conduct an internal investigation and, perhaps, having found you, will ask you to return the money, but at that time it will reimburse all losses. By the cashier. In this case, the cashier will have the right to claim against you. And if it is proved that the cashier gave you a large amount, then sooner or later the money will have to be returned. Perhaps even with interest for the use of other people's money. Therefore, if the cashier made a mistake and gave you a large amount, and you found it, then do not be lazy - go to the bank and return the money. The poor girl did nothing wrong to you, you must agree. By the way, the banks themselves admit that in almost one hundred percent of cases the clients themselves return the money in such cases on the same day, and the few remaining cases occur when the client simply put the money in his pocket without counting and he himself is not sure that he was given extra . In this case, if the client can be found, then as a rule he returns the money after watching the video recording of the camera. So our people are very honest.
2. But what if an ATM made a mistake in your favor? There are two options here. The first is when a software failure has occurred and you do not have the correct balance on the card. This is extremely rare, but it happens. In this case, the bank has all the evidence on hand. The bank will have the fact of transferring the excess amount to your card and what exactly you withdrew or used online payments. Therefore, if you find such an error, you can report it to the bank or even do nothing. After some time, the bank most likely will detect it and eliminate it.
But it is not uncommon for an ATM to waste money due to a system error within itself or because an employee has placed banknotes of the wrong denomination in the tray. Instead of five hundred rubles, he put five thousandths, for example. And here there is a well-established arbitrage practice. If it is not proven with absolute, 100% certainty by the bank in court that you received a large amount, then the court will take your side and you will not have to return the money. Some time ago, one of the courts considered a case when an ATM dispensed just five thousandth banknotes. Some clients of the bank, having received extra money, reported this and returned it. However, others simply were not even sure themselves that the bank was wrong. They themselves were absolutely convinced that they did not receive any extra money from the ATM. All software and system evidence, and even the fact that other customers who used the ATM brought money, was not accepted by the court. The court was not convinced by the results of the internal investigation. In a lawsuit against three, if I am not mistaken, the recipients of money from the card, the court refused, since it could not reliably establish whether they received excess money from an ATM with a hundred percent probability. But we, of course, are for honesty ... In general, on your conscience. But if you yourself are sure that you did not receive extra money from an ATM, then stand on it to the last. The court will most likely side with you.
It is worth noting that almost always in cases of such an error, banks turn to law enforcement agencies and they initiate criminal cases. But it is worth noting that such cases end with something only on the condition that the police find in your house a huge bag of money from whores and whiskey, as well as drunk yourself in a dupe, happily telling under the protocol how you raped the bank. In 99.9% of cases, such statements by banks end up with decisions to refuse to initiate a criminal case due to the fact that the bank either cannot provide evidence that the money was stolen at all, or cannot provide evidence that it was you who stole it, or the police simply do not find your intent to steal, since you honestly say that you have no idea whether the bank made a mistake or not, because they did not count the money upon receipt and are ready to consider this issue in a civil court. It is there, as a rule, that the controversial situation will be considered.
Be honest. Honestly, you didn’t count the money when you received it and you have no idea what it’s about.
"Consultant", 2007, N 3
Recently, working with banks has become very risky - the Central Bank may take away the license, or the credit institution itself will go bankrupt. But the internal processes in the bank, on the contrary, are usually very well honed. Therefore, a stable credit institution is traditionally perceived by businessmen as a well-oiled mechanism in which every detail works reliably. However, it happens that the bank makes mistakes, and as a result, its customers suffer.
The company "Biz Torg" presented to the bank payment order to pay for the goods received from the supplier in the amount of 1 million rubles. Operationist credit institution made a mistake in the account number of the payee by one digit, and the funds went to the account of another company. The next day, the supplier told Biz Torg that he had not received the money due to him, and demanded that funds be transferred for the goods. The funds in the company's account were not enough to re-pay for the products. In addition, the firm did not have sources of additional financing from which it would be possible to quickly receive money. Therefore, the company had to wait for the return of the "lost" payment. The organization "Biz Torg" reported the problem to the bank and demanded an urgent return of the money to the account. The procedure for clarifying the circumstances of payment and the location of the missing funds took several days. As a result, by delaying payment for the goods, the company fell under the action of penalties under the terms of the contract with the supplier. He did not fail to exercise his rights under the contract and filed a claim against the company.
What should the company do in this situation? What is the best thing to do: enter into a conflict with the supplier, claiming that the obligations were not fulfilled due to the fault of the bank, or peacefully pay the partner, having fulfilled the terms of the contract, and make claims to the credit institution? If the firm argues with the supplier, then as a result it may lose a valuable partner and ruin its reputation. Suppose the bank returns the company "lost" funds, and she will be able to pay the supplier for the goods with a delay. But will the company be able to get reimbursement from the bank for late payment costs? On the one hand, it is not profitable for a credit institution to enter into a conflict with a client, because the funds were sent "to the wrong place" through his fault, so it will be more convenient to hush up this unpleasant story. However, if the affected company is small and claims a large amount for the damage caused to it, then the bank may not want to lose money. How can a company regulate its relationship with a bank and a supplier? Experts have tried to answer this question.
Maxim Lyakishev, lawyer of the Moscow Bar Association "Nikolaev and Partners"
According to paragraph 3 of Art. 401 and Art. 403 of the Civil Code, in this case, all responsibility for failure to fulfill the monetary obligation to the seller lies solely with the company "Biz Torg". At the same time, after the payment to the seller of the goods of both the main debt under the contract and penalties, the company "Biz Torg" may try to compensate for the losses incurred.
Paragraph 1 of Art. 866 of the Civil Code establishes the responsibility of the bank for non-execution or improper execution of the client's order. Its size is determined according to the rules of Ch. 25 of the Civil Code (Art. 393 - 406), which regulates the responsibility of persons for breach of obligations.
The transfer by the bank of funds to the account of another person, from a legal point of view, is nothing more than the improper execution of the client's order. Thus, the credit organization is obliged to compensate the enterprise "Biz Torg" for the losses resulting from the error of its employee. To submit a claim to the bank for damages, it will be enough to attach documents confirming the fact of payment of penalties under the sales contract.
Natalya Kuzmina, Deputy Chairman of the Board of JSCB "RUSSLAVBANK" (CJSC)
As for the legal side of the problem, in this situation, of course, the bank is to blame. That is, the client made payment document according to the correct details and the direct obligation of any credit institution is to execute this order in the form in which it was given. Unfortunately, the operator made a mistake, and the money went to the wrong place. No one is immune from such a situation. The client still has his copy of the document, so the culprit is quickly and easily identified. According to the Civil Code, the bank is obliged to compensate the client for direct losses, as well as moral damage. There are many cases when credit organizations in such situations reimbursed customers for all costs, fines, penalties, etc. in such situations without unnecessary emotions. Now let's try to look at what happened from different angles.
From the position of the client. He may not pay the supplier, but immediately send all claims to the bank and resolve the problem through the courts. Another question is how expensive the supplier of this company is. If the company is very interested in such a partner, then the best thing is to pay him and then calmly resolve the situation with the credit institution. From my point of view, this is the most comfortable and correct option.
From the perspective of a bank. Every self-respecting bank calmly admits a mistake and compensates for it, regardless of the amount of turnover and average balances, that is, the significance of this client for the bank. But there are some nuances - for example, sometimes contracts for the provision of banking services are not compiled correctly. In accordance with our legislation, fines and penalties must not exceed a certain amount. And if hyperfines are prescribed in the contract, then the bank can reimburse them to the VIP client, but not a single one for a small company financial institution more than the obligation to pay will not.
Ivan Danilov, Deputy CEO Legal Affairs of the Hifeed Group
Initially, the company "Biz Torg" should try to get out of the claim-lawsuit plane of relations with the supplier as soon as possible, especially since this case has no judicial prospects from the side of the buyer. Often, the initial purpose of a supplier's forfeit claims is to force the buyer to pay the principal immediately and to discipline him. A supplier who is really interested in selling products in such a situation will not destroy the existing economic relations and demand a real payment of a penalty. Moreover, the amount of the fine will most likely be incomparable with the profit from further cooperation, which may not be due to the excessive adherence of the supplier. In addition, the mere desire of the supplier to make a profit in the form of a penalty, not taking into account the circumstances of the delay, can damage his business reputation. It is more profitable for the supplier to use the issue with the penalty in the form of another trump card when adjusting the conditions of future deliveries.
In this regard, the company "Biz Torg" needs to conduct intensive negotiations with the supplier on a mutually beneficial solution to this problem, as well as on further fruitful cooperation, if possible, offering the supplier more preferential terms deals.
The situation with the recipient's bank crediting funds to the account of another company is extremely ambiguous. Indeed, in this case, the TIN and the name of this organization differ from those indicated in the filed by the company "Biz Torg" settlement document. Upon receipt of funds to the correspondent account of the bank, the latter had to establish discrepancies in the details of the recipient, leave the funds in unexplained amounts and take all measures to clarify the content of the order. Including in the framework of legal relations under the contract bank account the credit institution should have contacted its customer-supplier. Subsequently, the bank, specifying the proper recipient, had to transfer the funds to him or, in case of non-identification of such, return them to the payer's bank.
The issue of holding the bank liable for improper execution of the client's order should be resolved only after the position of all parties has been clarified, namely, what actions they are going to take to get out of this situation; what position on the return of unreasonably acquired property will be taken by the improper recipient, to whose account the money was transferred; whether the supplier will insist on the actual payment of the accrued penalty. Not unimportant for the bank in this situation will be both its subsequent steps themselves and the established relationship of the buyer with this credit institution.
One way or another, the buyer will be able to hold the bank liable for improper performance of obligations, if such a need arises.
Material prepared
Expert "Consultant"
Designed mortgage in Sberbank with electronic registration of the transaction. Number loan agreement 92267710. All Required documents were collected and accepted by bank employees. The transaction was successful. The loan was paid on time in accordance with the payment schedule. After 2 months, accidentally going to the Sberbank online, I find that for 5 days money has been debited from my account every day. Turning to technical support, I find out that the write-offs are associated with supposedly unsubmitted mortgage documents.
Technical support does not see what documents were not provided and advised me to contact the department where the mortgage was issued. I was issued a mortgage could only be provided with the necessary insurance. On 04.08, contacting the branch, the bank employee double-checked all the documents and, referring to the technical error of the bank, drew up a memo, promising that the problem would be fixed in a week. about erroneous debits to Sberbank online in order to track the status of the application.
This application was assigned the number 170804 0445 490400, the deadline for consideration is 19.08. What is the reason for the penalty in Sberbank online is not indicated, and technical support does not know it either. According to my assumptions, this penalty is connected with the same erroneous debits from my account. A claim was re-issued, which was not assigned a number, and the deadline for its resolution was not indicated.
Toward the end of the claim review date, I called tech support to find out the progress of its resolution. Technical support reported that 3 were produced!!! expertise and status is not yet known. On 19.08 I received an SMS that the term for considering the claim has been extended. The increase in the term did not suit me at all, since I need to make another payment, and there is no information about how much I need to deposit into the account. Whether it is necessary to take into account the default when depositing the amount and whether erroneous write-offs will continue after depositing - for me it remained a question. On August 19, for the twentieth time, explaining to technical support about the current situation, I was transferred to the head of the department, Vitaly Alexandrovich Klyushin (internal number 32019), who personally promised to control the situation and that it will be resolved before 21.08.22.08 3 days before the next payment on the loan, the problem has not been resolved, and the head of the department is not working that day. Considering that the transfer from another bank account to an account in Sberbank takes several days, as for a respectable payer, it becomes a stalemate. For a low mortgage rate, I paid with nerves, endless calls to technical support and trips to the branch due to bank errors.
