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Can they write off money from the card? We reached the cashless

Is it legal to seize a credit card? The issue is quite controversial, on the one hand, bailiffs have every right write off funds from the debtor's bank account, seizing them. But on the other hand, a credit card is a loan, not the debtor’s personal funds, which means the issue of the legality of writing them off is controversial. The thing is that, according to our legislation, each credit card is linked to the corresponding account, and the bailiffs, if they have the appropriate decision, have the right to write off money from the debtor’s accounts.

Interpretation of the law

Answering the question: can bailiffs seize a credit card, it should be noted that there is no direct prohibition on such seizure in the legislation of the Russian Federation, but nevertheless, not everything is so simple. Article Art. 81, the Law “On Enforcement Proceedings”, states that bailiffs can write off money from the debtor’s accounts. But since the purpose of the accounts is a banking secret, the bailiffs send a corresponding request to the banks, which must themselves provide them with accounts from which the bailiffs can write off money. That is, the bailiffs themselves are not aware that they are seizing the client’s credit card. Usually banks just don't send an invoice credit card, since this is not in their financial interests, Part 8 of Art. 70. That is, everything depends on the specific actions of the bank, how it responds to this request from the bailiff service.
The second important aspect is that the debtor usually does not have funds in this credit account. That is, the account has a negative or zero balance, but during periods of replenishment of the account (interest payments, etc.), the money is not immediately written off by the bank and during this period the bailiffs can seize the funds; in practice, such a scenario is rare, but nonetheless.
Therefore, the answer to the question: can a credit card be seized will be positive.
In practice, such cases have occurred; lawyers advise in this case to do the following.

Notify the bailiff that this map, credit.
Wait until the arrest on this card is lifted.

Usually, since the funds on such a card are bank funds, the accounts are unfrozen, and the bailiffs no longer write off these accounts. There is a similar story with the accounts to which they will transfer financial assistance on maternity for feeding the child.

Can bailiffs seize a credit card?

Read here how to choose and apply for a credit card online.

If the court decides to block or write off your funds to pay debts, then bailiffs can seize all your bank accounts. What happens to the account to which the credit card is linked? Do they have the right to block this account too? And what happens to the money that is there? We will talk about all this further.

Credit cards have long been firmly established in our lives, after all, they provide their owner with many useful functions, in particular - convenient payment and the ability to make purchases on credit without accruing interest (if you meet the grace period). However, while there are advantages, there are also disadvantages that may arise in the event of force majeure situations.

In the event that you have credit debt. which for a long time is not repaid, the creditor bank has the right to sue you, and already in judicial procedure require you to fulfill your obligations under the contract. In 90% of cases, the court sides with the bank, because he fulfilled his duties - he provided you with funds, but the client avoids returning it.

How can you be forced to repay a debt? This is done through bailiffs. who are endowed with enough big list powers. All of them are described in detail in the Federal Law “On Enforcement Proceedings”.

The first thing the bailiffs do is block all the debtor’s bank accounts. To do this, they send requests to banks. Information about accounts is a banking secret; information about them can only be obtained by court decision.

Read also: Can bailiffs seize the debtor’s only home?

And if everything is clear with debit cards, then what about credit cards. The law does not explicitly indicate a ban on blocking them, so theoretically bailiffs can block a credit account.

Banks provide information about their clients' accounts only upon request from the court. As information, bailiffs receive account numbers from which they have the right to write off money.

But in fact, the purpose of the accounts is unknown to the bailiffs, so they are not aware that they are writing off money. Since the provision of a credit account does not satisfy the interests of the bank, they may not provide this account; however, employee errors or technical defects occur, due to which information about the credit card may also end up in enforcement proceedings.

It turns out that whether the performers receive information about the account or not depends on the bank’s response. Even if the information has been used, they will not be able to write off money from there, since most often the card balance is negative or zero.

In practice, they can debit funds from a credit card only at the time of replenishment. when a client pays off a debt to the bank. After replenishing the card, the banking system does not immediately write off the funds against the debt, so the money can be seized by bailiffs.

In addition, some companies allow their clients to hold not only borrowed funds on their cards, but also their own funds. And if there is also your money in excess of the limit allotted to you from the bank, then it can definitely be seized.

Despite the fact that such cases are rare, they still happen in life. In this case, you should immediately inform the bailiff that the funds on this card are credit, then this account can be unfrozen.

What to do if the bailiffs seized a credit card?

First, ask the lender for a certificate that the card is not a payment card, but a credit card, as well as the terms of the loan - an agreement, documents on the existence of debt. All papers must be provided to the bailiffs.
Learn the rights and responsibilities of bailiffs so that during a meeting with them you can stop any violations of the law. This information is presented in the Law “On Enforcement Proceedings”.
Contact the bailiffs, find out the reason for the blocking and write an application to unblock the credit account. The application will be accepted for consideration if you agree on how you will repay the overdue debt, discuss the terms and amounts of payments. In this matter real help A credit broker can provide assistance; read more about its activities here.
After the arrest is lifted, provide the bank with a document confirming this.

If you cannot reach an agreement with the bailiffs, contact the court with a request to cancel the writ of execution. In this case, it is advisable to attach documents confirming your case: proving that the arrest of the account prevents the deposit mandatory payments, cause other damage to the card holder.

Funds are not transferred to a blocked account. Therefore, you can do the following:

ask the bank for an additional invoice for payment
make payments exclusively through the cash desk of a financial institution
make payment through a notary deposit.

Additionally, we suggest that you read this article. where we talk about how to properly sue the bank regarding your loan.

Can bailiffs write off a debt from a credit card (cm)?

They can seize a credit card (credit account) and the amount on them will be blocked up to the amount of the debt. If this amount turns out to be insufficient, then the accounts are blocked for debit transactions on them. The bailiff is not required to know which category the account belongs to. He makes inquiries to banks, and if he finds the debtor’s accounts, he seizes them. Naturally, the actions of the bailiff are disputed. To do this, the debtor must come to the bailiff and write a petition to remove the seizure from credit accounts. Sometimes this process drags on for several months. Alas. By and large, blocking of credit accounts is the fault of the bank, which hid from the bailiff the information that the account is a credit account. The bank, as you understand, is profitable, but the bank employees do not think that by doing so they are plunging the debtor into even greater trouble. debt trap, and that if the debtor has gone to court with another bank, then most likely he is really experiencing financial problems. And his next step will be that he will stop paying this bank, which allowed the arrest of the credit card, or rather, the account linked to this card (the account is blocked). In the overwhelming majority of cases, Sberbank allows such things. At the same time, he refers to the law that he has no right not to provide the bailiff with information on the debtor’s accounts if an official request has been received from the bailiff. Such a law actually exists. But the bank is obviously disingenuous, since it has the right to inform the bailiff that the credit card account and the money on it do not belong to the debtor, but belong to the bank. But for some reason, banks often “forget” to provide this information.

Read also: Close an individual entrepreneur via the Internet on the Federal Tax Service website

Bailiffs cannot write off a debt from a credit card. Debts are collected either from income or from property and cash located on personal accounts debtor's accounts. Since the money on the credit card is not yours, but the bank’s, they cannot collect it, otherwise it turns out that the bailiffs imposed a penalty on the bank’s funds, and not yours.

Take information from the bank that the account is a credit account and present it to the bailiffs with a written statement, since bailiffs, as a rule, do not understand the purpose of the accounts or whether they are credit accounts. Write a statement to the bank, since it is rather the fault of the bank, not the bailiffs; the bailiffs, by and large, don’t care at whose expense the debt will be repaid and they simply ask what accounts are in your name. But the bank turns out to have hidden the information that the account is a credit account and not a debit one, in order to make a profit in the form of interest, despite the fact that you essentially did not borrow from the bank. Deal with the bank and demand information on what basis the money was transferred. And tell the bailiffs that no regulations can force a person to take out a loan, which essentially happened without your knowledge.

No, they don’t have the right, they only have the right to seize the card on which the salary comes and then 50% of wages monthly. This person needs to contact the management at the place of work of the bailiff who is executing the court decision with a complaint about exceeding the powers of the bailiff; if everything remains unchanged, he needs to go to court and, guided by Articles 16, 125, 1069, recover all damages from the bailiff, both moral and property.

Can a bailiff seize and withdraw money from a credit card?

The bailiff wrote off all the money from my credit card, coming to her and saying that it was a credit card and there was no money on it, because the limit on it was 30 thousand and at that time there was 28 thousand money on it, I received an answer from the bailiff that she should don’t care what kind of money there was, the crux of the question is whether it’s legal to withdraw money from credit card, and is it possible to return them back?

Lawyers' answers (4)

Your question is not entirely clear; more precisely, it is physically impossible to write off money from a credit card (only from a debit card). Another question is if the money was withdrawn while you were depositing it on your credit card (which is also unlikely). In any case, if the bank transferred money from a credit card by order of the bailiff, then write a complaint to the management of the bank and a claim against the bank in court (since in fact the bank, without your will, transferred credit funds to your account, which the bailiffs then wrote off)

In 2016, organizations had the opportunity to collect citizens’ debts using a simplified procedure. Utilities, banks, microfinance organizations, etc. rushed to take advantage of this. However, there are cases when the simplified procedure leads to erroneous debiting of funds from the account.

Evgeny Nazarov was inattentive while driving, violated traffic rules and was fined 1.5 thousand rubles. The corresponding notice was sent to Evgeniy by registered mail. He found his fine on the government services website and deposited the money online. However, after some time, another 1.5 thousand rubles were written off from his card.

Should I receive a warning about debiting money?

Bailiffs are required to notify the debtor of the upcoming write-off. He should receive a copy of the resolution on the commencement of enforcement proceedings. The notice is sent within 5 days after consideration of the verdict.

The account owner must be aware that money will be debited from him. However, in practice things are different. Sometimes the debtor knows nothing about impending troubles due to improper notification. This happens, for example, if he does not live at the registration address or does not pick up a court notice from the post office. Sometimes bailiffs fail to accurately determine the debtor’s address, or the person changes his place of residence at the wrong time.

According to Heads Consulting department lawyer Irina Baskakova, the collection procedure is regulated by the law “On Enforcement Proceedings”. Last year, a simplified collection procedure came into force, which applies to credit debts. A sufficient basis for the actions of bailiffs is now the writ of execution of a notary. The debt collector can resolve the issue without going to court: immediately go to the enforcement service and collect the debt with the help of bailiffs.

The innovation was adopted by banks, microfinance organizations, management companies and other organizations to which citizens owe money. However, utility companies cannot write off funds from their accounts on their own: they cannot do without contacting bailiffs in this matter. By the way, according to the law, the duties of executors include not only notifying defaulters about upcoming write-offs: they must offer debtors to return the money voluntarily within a certain period.

Amounts and terms

The main thing is that the procedure for debt collection must be followed, and the amount, in principle, can be any. Another thing is the deadline for presentation writ of execution for execution. There is a limitation - no more than 3 years from the date of issue.

There are also restrictions related to the origin of the funds from which the debit is made. By law, you cannot write off more than half of your salary. This provision sometimes leads to disagreements, since it is not always possible to determine whether the salary is in the account or the funds came from other sources.

Penalties cannot be applied to some sources of income in principle. An example is recourse payments or compensation related to caring for disabled citizens.

In case of write-off of funds protected by law or fundamental disagreement with the actions of the bailiffs, you can try to return the money through the court. The petition must indicate why objections were not submitted on time (for example, the place of registration does not coincide with the address of actual residence, so they did not receive the notification). After this, perhaps the court will react favorably to the application for a reversal of the judicial act.

“Your account has been debited...” Mobile banking users may be alarmed by a familiar text if the transaction took place without their participation or desire. They wrote off money from the card without my knowledge. In such situations, the algorithm of actions begins with finding out the reasons for the write-off. They will determine the card user's next steps to get the money back.

If you did not consent to the withdrawal of money, then it happened illegally. How quickly it is possible to return the money written off from the card depends on the correctness of the actions of the card owner. It is convenient to use a plastic card when it does not cause hassle.

No consent required?

Stories of write-offs for collection of fines or duties are similar to each other: SMS about withdrawal of funds at the request of judicial authorities. Often many people do not remember or are not aware that they have a debt or a fine, so such messages are confusing.

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

To avoid getting into an unpleasant situation and always be aware of your debt, contact the FSSP service, which will notify you every day that enforcement proceedings have been initiated against you. Mobile applications that “search” for debts using various databases are also convenient. Most reliable way keep up to date - Databank of enforcement proceedings on the FSSP website.

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

Bailiffs withdrew funds from the card

Can bailiffs write off money from a card? They can. If you think that the bailiffs wrote off money from the card unlawfully, then turn off your emotions and get ready to defend yourself.

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

If the bailiffs wrote off money from your card, you should attach a copy of the decision to the application, in the text of which you refer to the fact that money was written off from your card illegally. Be sure to include a request for immediate return of the entire amount. Don't forget to take a bank statement.

The copy of the resolution 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 application to the FSSP.

When formulating your appeal, demand the immediate return of the collected funds and the cancellation of the issued decision, according to which the debiting occurred from the account.

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

You can also leave a request on the website of the Prosecutor General's Office to initiate a prosecutorial review of the bailiff's actions.

Illegal write-off in favor of loan debt

As soon as the salary arrived, the money was debited from the card. Written off to reduce loan debt. And you weren't asked. Experts say that the situation where illegal withdrawal of funds occurred is complex, but solvable.

Why do they write off their entire salary as a loan? It's simple. According to the law, it is impossible to recover from a loan 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 to pay off the loan debt. This situation occurs when a large debt accumulates, the bank adds the client to the list of malicious debtors.

If you write an application addressed to your employer with a request to pay your salary 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 loan debt.

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

You need to contact the bailiff and provide evidence that it was written off from the card to pay off the debt social payment. And since this is not the debtor’s money, it cannot be collected or collected at all. The amount written off must be returned.

Money was debited from the card for a fine

When, for example, it becomes known via 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 statement of claim, you will need to make a scanned copy of the receipt confirming your payment of the fine. You must obtain an account statement and a copy of the debit order from the bank. This copy will contain data that will be useful for filing a complaint against the bailiff if money was debited from the card for a paid fine.

Wrongful write-off

Attackers can get to your funds from a bank card by hacking your Personal account in the online banking system or by accessing your account through the banking application. If you realize that unknown persons have withdrawn money from your card, you need to immediately turn off the power to the means of communication used to withdraw money, i.e., a smartphone or laptop. And then block the card account by calling " hotline" jar. Don't hesitate to write a statement to the police without a day's delay. 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 determine how your accounts were accessed.

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

Funds were withdrawn from a Sberbank card

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

Block the Sberbank Online application.
Immediately call the Sberbank hotline.
Inform the operator about the situation, and then go to the bank branch to write a statement that you consider the transaction to be unlawful.

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

Methods of fraud

Attackers are constantly improving, coming up with new methods of theft, and it is no longer news that they withdrew 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 notified of your winnings;
you are informed that your card has been forced to be blocked;
they send you links to virus sites and programs.

Do not rush to rejoice at messages about winning. Usually the “lucky” person is asked to call a specific phone number to clarify the details. When calling, attackers try to find out the card number or card code on the back side. It is important to understand that if you yourself gave this information to the scammers, it is unlikely that you will be able to hold them accountable and get your money back.

If you debited money from your Sberbank card after talking with a bank specialist, then most likely you were communicating with a fraudster.

For some reason, the attackers, posing as bank employees, will ask you for your card number information. Although the information is confidential and no one should ask for it. Remember this, 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 the specified phone number back, 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 phone contacts list. It’s safer to call back and find out more about the link: why did they send it to you, and does it pose any threat to your bank funds?

Store Sberbank plastic cards only in a safe place.

Sberbank cards and precautions

You can avoid unpleasant situations and not allow scammers to leave 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 to which salaries and other assets are transferred. You can use a separate electronic wallet intended only for purchases in online stores. On the card for online purchases, keep only the amount necessary to pay for the goods.

When using an ATM, be careful. Inspect the number pad to 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 (there is no external damage). In case of theft, the camera will record the attacker, however, now scammers understand that it is not worth attacking the person who is withdrawing money from the card right at the ATM.

If the message informs you that a failure has occurred and you cannot use the card, and the solution is to call the phone via SMS, take your time. To check the information, dial the bank number.

If they call you and introduce themselves as an employee of Sberbank, don’t rush to take their word for it either. Listen to the information, hang up and call Sberbank.

If you change your number cell phone, then do not forget to refuse 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 money was debited from my bank card. This also happens. Typically, an error when receiving cash occurs due to a power outage or device malfunction. But how to correct the consequences of this unsuccessful technical operation?

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

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

The bank's next step is ATM collection. When recalculating cash, a surplus will be found - an amount the size of which will coincide with the amount you specified.

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

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

The police should also accept your statement. Write him by mail with a request to verify the fact of illegal withdrawal of money. You can contact the department in person. True, the problem is that the police often do not want to accept such statements, the cases of which are difficult to solve. Such actions by law enforcement agencies are illegal, any citizen can demand acceptance of an application, and they cannot refuse him.

If you still receive a refusal to initiate a case, do not be upset. The document will be useful in court. You can compose it yourself statement of claim, 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 “Responsibility of the Bank for Improper Transactions on the Account,” you can count on payment of interest from the bank. And article fifteen, “Compensation for moral damage,” of the Law on the Protection of Consumer Rights 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 your bank card.

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

Write-off under control

Online banks, accessible through mobile apps or computers, record all bank card transactions. The most common way to stay on top of transactions is through banking apps. Their availability and operation are possible only if you have a mobile Internet connection.

The application will notify the cardholder via SMS about outgoing or incoming transactions. Using the system is convenient because it makes it easy to control the balance of a bank card and block it in a second if necessary by the owner who has come across fraudsters with bank cards.

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

Is it possible to return money written off from the card?

If money is written off due to fraud, then you will have to seek a refund through the courts. And this process may not always lead to positive result for the plaintiff. In addition, proceedings in such cases may be delayed. Legal advice may be required.

Referring to correctness banking operations 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 indisputable evidence that the money was stolen from a bank card by fraudsters. For example, a money debit operation took place in an area where the card owner was not located.

How does the bank protect your card?

Fraudsters with bank cards are common today, but sometimes, due to their own inattention, a client can give them a trump card. It is no coincidence that a plastic card along with a PIN code is issued in a sealed envelope. An attacker only needs to know your card number and the special code on the back of the card.

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

Article eight hundred and fifty-four establishes the condition that money is written off only by order of the client. If the bank does not have such an order, the write-off can be carried out after legal proceedings.

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

If you have lost your bank card and money has been debited from it, your interests will be protected by Federal Law-161. Send a notification to the bank about the loss of your bank card. Having received it, the bank is obliged to return the money written off without the client’s knowledge.

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 contact in case of loss of the card are written on the back of the plastic card. If later bank card unexpectedly found, for example, in a purse, 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 your phone).

Asked two interesting questions regarding the bank debiting funds from the guarantor’s account:
1. Can the guarantor be required to have a power of attorney to write off money? Is this necessary?
2. Is it possible to write off money from the guarantor’s account without his presence, since he is located outside the country?

I answer both at once, since the answers to them are close in essence:

Often, as collateral for a loan, banks ask (demand) additional guarantees in the form of a guarantee from any individual or legal entity. This means that if the borrower stops paying the loan, the bank’s claims will be satisfied at the expense of the guarantors.

Application for direct debit from the guarantor’s account

Before issuing a loan, the Bank signs a guarantee agreement with another an individual(relative, colleague or acquaintance of the borrower). At the same time, the Bank often asks (demands) the guarantor (as well as the borrower) to sign a special statement (instruction) for the direct debiting of funds from their accounts with this Bank.

That is we're talking about on the undisputed debiting of funds from bank accounts without the order of their owners. In our case, by signing such an application, the guarantor allows the Bank to write off money from his account to repay the loan in necessary cases without his special order and without his participation.

Thus, there is no talk of any classical power of attorney (especially notarized one) here. And the Bank has no right to demand any special power of attorney from the account owner.

In case of refusal to sign the non-acceptance application, the Bank may refuse such a guarantor and the issuance of a loan to the borrower will remain in question.

If the guarantor does not mind, but he does not have an account with this Bank, then often a new “zero” account is opened for him, and an application for an undisputed write-off is submitted to him. Perhaps the guarantor has an account in another bank, but in such cases it is very tedious for the borrower’s bank to issue an agreement (the consent and participation of another bank is necessary), and it is not known whether there will be money in that account right moment, so it's not usually messed with.

If there is no acceptance. The guarantor agrees to pay for the borrower

If the application (instruction) for direct debit is drawn up, then in the future the presence of the guarantor at the Bank when debiting his funds is not mandatory. In this case, the Bank can write off the money without him and without his special order (the main thing is that there is money in the account!).

If a guarantee agreement has been drawn up, but there is no statement of non-acceptance, then in the event of a delay by the borrower, the Bank cannot independently write off the money from the guarantor’s account. It is necessary to make it explicit voluntary consent and an order for a specific transfer.

In this case, the guarantor can voluntarily transfer the required amount to the Bank using a regular payment order. He can make such a transfer either in person or using remote banking services.

If the non-acceptance is not issued. The guarantor wants but cannot pay for the borrower

If an application for an undisputed debit of funds from the account has not been issued, but the guarantor is ready to voluntarily repay the overdue payment (debt) of the borrower, this is not always possible. For example, the guarantor does not use Internet banking, but is currently abroad.

In this case, the Bank cannot independently, without the owner’s order, write off money from his account (legally it has no right). And interest, fines and penalties on the loan will continue to grow until the guarantor appears at the bank to issue a payment order.

However, the guarantor may, of his own free will, in advance or if necessary, issue a power of attorney to manage his account to another person, which provides for the ability to make payments for similar purposes.

The guarantor does not agree or is unable to pay for the borrower

If an application for an undisputed debit of funds from the account has not been completed and the guarantor does not agree to voluntarily repay the overdue payment (debt) of the borrower (or is unable to do so), the Bank does not have the right to block or write off money from his account unilaterally.

In this case, the Bank may and will be forced to apply to the court to collect the debt from the borrower and the guarantor. Also, before the final court decision is made, he can ask the court to seize the guarantor’s funds in the amount of the overdue debt and interest.

Maria Ilyushina

On last week General Director of Doctor at Work Stanislav Sazhin raised on his Facebook about whether an app can charge users for an automatic subscription if they don't already use the app - using the easy ten language learning app as an example.

Sazhin created a website with the following message:

When you first launch the application, the user sees an offer - get a free mode for 7 days. If the user agrees, then he gets 7 free days, as well as an auto subscription costing 899 rubles, which is not mentioned in the first window. This information is reported on another panel in small text.

Apparently, this small text often escapes the user’s attention, since reviews of the application are full of negative comments:

In a discussion of this situation on “CP”, Dmitry Zaryuta left the following comment:

We use standard subscription tools provided by Apple, in accordance with the rules. It is worth noting that in this version, the application has been moderated by Apple censors 8 times and has never raised any questions in this regard. Users see the offer “in 7 days you will be automatically charged 899 rubles” and confirm their agreement by entering their Apple ID password.

I will not deny that there is a problem with the fact that some people click and enter their data without reading anything at all, and then they are surprised that the money was written off.

Rusbase decided to ask industry experts whether this method of monetization is considered normal practice:

Alexander Vasiliev, AdCamp:

This mechanics really allows you to quite quietly debit money from users. Of course, this is not normal. But everything that is not prohibited, as they say, is permitted, so we cannot talk about any violations on the part of the developer. The question is whether this application was originally created for the purpose of extracting money from users unnoticed; if so, then its creator acted incorrectly towards his clients.

Egor Karpov, Appintop

I can’t say for sure whether this is a legal violation or not. This is definitely not a normal tactic for such services; it happens very rarely and will only bring problems to the creator in the long run.

Due to the specifics of the work, you often have to communicate with developers mobile applications, and those who bet for themselves main goal get out of users as much as possible more money(and any accessible ways), in 100% of cases they fail. Success is achieved by those developers who put the product (application) itself at the forefront.

Of course, such an easy ten approach is doomed to failure. The only question is what is faster, from the ban of the application store or from banal unprofitability.