Money deducted from the card - what to do? Illegal withdrawal of funds. How to return the money deducted from the card

  • 30.09.2021

"Your account has been debited..." Users of mobile banks may be alarmed by the familiar text if the transaction took place without their participation and desire. They deducted money from my card without knowing it. In such situations, the algorithm of actions begins with finding out the reasons for the write-off. They will determine the further steps of the card user in order to obtain a refund.

If you did not agree to write off money, then this happened illegally. How quickly it is possible to return the money debited from the card depends on the correctness of the actions of the cardholder. It is convenient to use a plastic card when it does not cause trouble.

Consent not required?

The stories of write-offs as a recovery of a fine or fees are similar to one another: SMS about the withdrawal of funds at the request of the judicial authorities. Often, many do not remember or do not know that they are in debt or fined, so such messages are confusing.

The bailiff service executes decisions of courts and other authorized bodies. And when you do not pay the fine on time, bailiffs start their work.

In order not to get into an unpleasant situation and always be aware of the debt, contact the FSSP service, which will notify you the same day that enforcement proceedings have been initiated against you. Convenient and mobile applications that "search" for debts in various bases. The most reliable way to keep up to date is the Enforcement Proceedings Data Bank on the FSSP website.

A debt or a fine can be paid on the website of the Federal Bailiff Service.

Bailiffs withdrew funds from the card

Can bailiffs deduct money from the card? They can. If you think that the bailiffs have unlawfully deducted money from the card, then turn off your emotions and get ready for defense.

To find out the exact reason for the debit, go to the bank branch. If the bank confirms that the write-off was made based on the decision of the bailiff, request a copy of this decision.

If the bailiffs debited money from the card, you should attach a copy of the decision to the application, in the text of which refer to the fact that money was unlawfully debited from your card. Be sure to indicate the requirement for the immediate return of the entire amount. Don't forget to take your bank statement.

The copy of the decision will indicate the name and surname of the bailiff, as well as the territorial division of the service. This information will be useful when drawing up an appeal to the FSSP.

When formulating an appeal, demand the immediate return of the collected funds and the cancellation of the decision made, according to which the account was debited.

Send the same appeal to the main department of the FSSP and publish it on the bank's website.

You can also leave an appeal on the website of the Prosecutor General's Office to initiate a prosecutor's check of the bailiff's actions.

Illegal write-off in favor of loan debt

As soon as the salary came, they debited the money from the card. Written off to reduce debt. And you weren't asked. Experts say that the situation when an illegal write-off of funds occurred is difficult, but solvable.

Why write off the entire salary on credit? Everything is simple. According to the law, it is impossible to recover from a credit debtor an amount exceeding half of the salary. But the system does not pay attention to this, it uses all the money received on the card in favor of repaying the debt on the loan. This situation occurs when a large debt is accumulated, the bank enters the client into the list of malicious debtors.

If you write an application addressed to the employer with a request to pay salaries in cash, the bailiff service has the right to oblige the director to transfer no more than 50% of your earnings to pay off the debt on the loan.

The second option for illegal debiting of funds by bailiffs may affect recipients of benefits. For example, child care allowances, disability benefits, etc. are credited to the bank card. The bailiff does not know that these are social payments, and a write-off occurs. For the system, this is also just money. In such a situation, there is the fault of the bailiff, who did not begin to find out what kind of funds they were: assets or benefits.

You need to contact the bailiff and provide evidence that it was the social payment that was deducted from the card on account of the debt. And since this is not the debtor's money, they cannot be collected and collected at all. The debited amount must be returned.

Deducted money from the card for a fine

When, for example, it becomes known through an SMS notification that money has been debited from the card for a previously paid fine, you will need to go to court.

Collect the necessary papers and copies for this. Before filing a claim, you will need to make a scanned copy of the receipt confirming your payment of the fine. The bank must obtain an account statement and a copy of the decision to debit funds from the account. This copy will contain data that will be useful for filing a complaint against the bailiff if money was debited from the card for the paid fine.

Wrongful write-off

Attackers can get to your funds from a bank card by hacking into your Personal Account in the Internet banking system or gaining access to your account through a banking application. If you understand that unknown people have withdrawn money from the card, you must immediately turn off the power to the communication device that provides the withdrawal of money, i.e. a smartphone or laptop. And then block the card account by calling the bank's hotline. Don't hesitate to file a complaint with the police. It is also recommended to contact your Internet provider and get them to provide statistics on authorization from this device for the last three months. This will allow you to establish how it was possible to access your accounts.

In case of fraudulent activities, it will not be possible to return money through the bank. The return will occur only when the court proves that the money was withdrawn by the attackers.

Withdraw funds from Sberbank card

They took money from the Sberbank card, but you didn’t do it. Then, most likely, the funds were stolen, so start acting immediately:

  1. Block the Sberbank Online application.
  2. Call the Sberbank hotline immediately.
  3. Inform the operator about the situation, and then go to the bank branch to write a statement that you consider the transaction illegal.

If money was debited from a Sberbank card, the bank may not agree with your claims and refuse to comply with the requirements. You will have to contact the police and tell the details there.

Fraud methods

Attackers are constantly improving, coming up with new methods of theft, and it is no longer news that they have withdrawn money from a Sberbank card. However, the old methods continue to work, despite repeated warnings in the media. Although Sberbank plastic cards are considered one of the most secure.

Common Methods:

  • you are informed about the win;
  • you are informed about the forced blocking of the card;
  • you are sent links to virus sites and programs.

Do not rush to rejoice at the messages about winning. Usually the “lucky one” is asked to call a certain phone number to clarify the details. When calling, attackers try to find out the card number or card code on the reverse side. It is important to understand that if you yourself named these data to scammers, it is unlikely that you will be able to bring them to justice, and you will not be able to return the money.

If you debited money from a Sberbank card after talking with a banking specialist, then most likely you still communicated with a scammer.

Attackers, posing as bank employees, for some reason will ask you to give the number data of your card. Although the information is confidential and no one should ask it. Keep this in mind, no matter what force majeure circumstances the callers refer to and no matter what financial losses they warn about.

Another common method of theft from a bank card is a message about its blocking. You will also be asked to call back at the specified phone number, calling this step the only way to return the card to the current mode. And then again persistent requests to provide card details.

Therefore, be more careful about any messages containing links. Sometimes they are malicious and can be sent from a number in your contacts' phone list. It is safer to call back and find out more about the link: why did you send it, and does it threaten your bank funds in any way?

Keep Sberbank plastic cards only in a safe place.

Sberbank cards and precautions

You can avoid unpleasant situations and prevent scammers from leaving you without money by observing certain precautions that apply to plastic cards of Sberbank or any other financial organizations.

If you are a fan of online shopping, then for such purchases it is better to use a separate card, not a credit card or one where salaries and other assets are transferred. You can use a separate electronic wallet, designed only for purchases in online stores. On the card for online shopping, keep only the amount necessary to pay for the goods.

When using an ATM, be careful. Examine the number pad, make sure it is not damaged and there are no additional devices on it. All ATMs are equipped with cameras, make sure that it is working (no external damage). In the event of a theft, the camera will capture the attacker, however, now scammers understand that it is not worth attacking a person who withdraws money from a card right at an ATM.

If the message informs you that a failure has occurred and you cannot use the card, and as a solution they offer to call the phone from SMS, do not rush. To check the information, dial the bank number.

If they called you and introduced themselves as an employee of Sberbank, also do not rush to take a word. Listen to the information, hang up and call Sberbank.

If you change your cell phone number, do not forget to cancel the "mobile banking" service.

Money was withdrawn from the bank card, but the ATM did not dispense cash

The ATM did not dispense money, but the money was debited from the bank card from the account. Sometimes it happens. Usually, an error when receiving cash occurs due to a power outage or a malfunction of the device. But how to correct the consequences of this unsuccessful technical operation?

Money can be returned only after contacting the bank. It is better to do this immediately by calling the hotline, usually it is indicated on ATMs and the card. Tell the bank specialist what address the ATM is located at, what time you tried to withdraw money, give the bank card details and the code word.

All banking operations in the memory of the bank's system are saved every minute, so it will be easy to check your information.

The next step of the bank is the collection of the ATM. When recalculating cash, a surplus will be found - an amount that matches the amount you specified.

To verify your words, the bank may use video from surveillance cameras.

It is possible that the bank decides to refuse to give you money. In this case, contact the Central Bank. He will demand from the bank to explain the reasons for his decision.

You must also take a statement to the police. Write it by mail with a request to verify the fact of illegal debiting of money. You can contact the department and personally. True, the problem is that the police often do not want to accept such applications, cases that are difficult to solve. Such actions on the part of law enforcement agencies are illegal, any citizen can demand the acceptance of an application, and they cannot refuse it.

If you still get a refusal to initiate a case, do not be discouraged. The document will be useful in court. You can draw up a statement of claim yourself, but it is better to do this with the help of a lawyer who will take into account all the points in each specific case. In court, on the basis of article eight hundred and fifty-six of the Civil Code of the Russian Federation “The Bank's Liability for Improper Operations on the Account”, you can count on the payment of interest from the bank. And article fifteen "Compensation for moral damage" of the Consumer Rights Protection Law gives the right to demand compensation for moral damage.

If the bank has no doubts about the correctness of your words, the money will be returned to the bank card.

Banks may consider your application for several days, but usually no more than a month.

Write-off under control

Online banks, the possibility of which are opened by mobile applications or computers, record all transactions with a bank card. The most common way to keep abreast of transactions is through banking apps. Their availability and operation are possible only if mobile Internet is available.

The application will notify the cardholder with an SMS message about debit or credit transactions. Using the system is convenient because it is easy to control the balance of a bank card with it and block it in a second, if necessary, to the owner who stumbled upon scammers with bank cards.

Mobile application services require a monthly payment of up to fifty rubles.

Is it possible to return the money deducted from the card

If the money was debited due to fraud, then the return will have to be sought through the courts. And this process may not always lead to a positive result for the plaintiff. In addition, the proceedings in such cases can be delayed. You may need legal advice.

Referring to the correctness of banking operations on the card, the bank may refuse to return the money. If the login and password, pin code and other data were entered correctly, the bank does not care who entered them.

There must be undeniable evidence that the money was stolen from the bank card by fraudsters. For example, an operation to write off money took place in an area in which the owner of the card was not located.

How does the bank protect your card?

Fraudsters with bank cards are not uncommon today, but sometimes, due to their own inattention, a client can give them a trump card. It is no coincidence that a plastic card together with a pin code is issued in a sealed envelope. An attacker only needs to know your card number and a special code on the back of the card.

The liability of banks is enshrined in the Civil Code of the Russian Federation. For example, article eight hundred and forty-five states that the bank account was created to save the client's funds.

Article eight hundred and fifty-four fixes the condition of debiting money only by order of the client. If the bank does not have such an order, the write-off can be carried out after a trial.

Pay attention to how your bank handles customer identification. If the pin code verification is not required, this leads to a violation of the rules for establishing and confirming the data of a person who has a bank account.

If you have lost your bank card and debited money from it, FZ-161 will protect your interests. Send a notice to the bank about the loss of a bank card. Having received it, the bank is obliged to return the money debited without the knowledge of the client.

It is better to inform the bank as soon as possible that the card is lost. The sooner you do this, the sooner your account will be blocked. The numbers to call in case of loss of the card are written on the back of the plastic card. If later a bank card is unexpectedly found, for example, in a purse, then it is easy to return it to working mode. Usually it is enough to pay with a card for a purchase with confirmation (for example, by sending a code to the phone).