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Depositors Mosoblbank defend their right to contribute money to replenish the deposits, which were opened without restriction in duration. In the course are complaints the Central Bank, the DIA and FAS. What to do if the Bank refuses to comply with the terms of the contract?
Depositors Mosoblbank joined the fight for the right to fill open in 2013 contributions. The Bank refused them the opportunity to make additional contributions on Deposit.
"I Tried 18 may be replenished. Refused. Written statement. E-mail sent the message: "In response to Your request we inform you that the answer to Your query is prepared and sent to the Bank by registered mail by the Russian Post to Your e-mail address," writes on the forum Banks.ru user detroitt. "In the last month of the eight deposits have returned the money back to seven. That is, replenishment and not working for six months. CB thinks that this is not a gross violation?" — asks cybsasha.
According to one of the contributors, the ban on completion is valid for the contribution "Anniversary" Inresbankom (was attached to the Mosoblbank in 2016). "In 2013, the Bank offered the rate on the Deposit 11% at the time of year. Feature contribution was that the customer chose the term of the contract. One person of interest opened an account for 250 years. The minimum amount for opening Deposit was 1 thousand rubles. Took advantage of advanced investors. Opened on 30 deposits so that, when they ended the single contribution, for example for a year, withdraw the money and pass on the next open for a longer period," says a Bank client Philip Bocain.
Read the terms of the contribution on the website of Mosoblbank. It is stated that the rate of 11% applies when the Deposit term of 365 days.
According to Bocaina, lock replenishment, the Bank began in January of this year. "People began to run the deposits, which worked before: "Christmas" and "Together forever." And these deposits began to shift to the "Jubilee." The Bank started to block their accounts, regarding the operation of replenishment as questionable. Then began the epic with the verification of depositors. The staff said that it is necessary to submit the contract of the Deposit and the first payment order to prove that these contracts are not fake. Then reported that the verification was successful, but added the wording "with the prohibition of replenishment of the Deposit agreement". In the Internet Bank, when sending the Deposit, you receive the error, also unable to Fund through the interbank market. I personally passed the verification in February, but to Fund the contribution no matter how tried, could not", — he said.
Investors write complaints to the Central Bank, the DIA and the FAS and prepare for litigation. Philip Bachgen said that he had received a response to his complaint to the FAS: "the response States that on April 30 at Mosoblbank was sent a notice of termination of actions, containing signs of violations of Antimonopoly legislation". In a press-service FAS, where Banks.Roux asked for comment, refused to clarify the situation with the depositors Mosoblbank.
When in January the Bank's customers began to complain about the inability to perform operations on its deposits, its sanifying SMP Bank reported that "the suspension of operations at some deposits and related accounts" due to the fact that Mosoblbank is in the process of rehabilitation and conducts "verification deposits" of individuals executed prior to the beginning of the financial recovery procedure.
the FAS were on the side of the depositors in the case of Tinkoff Bank in 2015. The basis for initiating the Antimonopoly proceedings were complaints in connection with the Bank's decision to harmonize conditions of replenishment of deposits opened in the period from 24 December 2014 to 30 April 2015, as well as deposits for which the rate was raised due to the changed market conditions. So, for all deposits these deposits, enrolled from 1 July 2015, the Bank decided to apply a single rate, regardless of term. Antimonopolschiki in the end qualified the actions of Tinkoff Bank as unfair competition. The Bank is obliged to pay depositors the entire lost income.
the Right to recover lost profits
Lawyers say that the refusal of the Bank to make contributions to replenish the contribution is illegal. "In this situation, the Bank violates the provisions of articles 309-310 of the Civil code of the Russian Federation and the depositor's rights as a consumer. Extrajudicial consumer can complain to the Federal service for violation of the law "On protection of consumer rights". The CPS needs to be checked on the basis of customer complaints and take corrective actions (injunction, penalty) against the Bank in the event the validity of the complaint. It is also possible to appeal to the Central Bank of the Russian Federation, which is empowered to check the activities of banks, their compliance with licensing requirements. Data treatment shall not prejudice the right of the depositor to apply to the court for protection of their violated rights. In this situation, the depositor is entitled to recover from the Bank the loss of profits in the form of lost interest on the Deposit in accordance with paragraph 2 of article 15 of the Civil code of the Russian Federation. Loss of interest can be calculated given the term of the Deposit, the interest rate and the amount of replenishment," — said partner Law & Com Offer Victoria Solovyov. And on June 1 2019 you can apply for dispute resolution to the financial Ombudsman, adds managing partner of law firm "Genezis" Artem Denisov. "But first, you need to examine thoroughly the contract available, the Bank has prescribed it as an opportunity to change these or other conditions unilaterally," — said Denisov.
According to Victoria Solovieva, to successfully defend its position in court, the investor needs to prove that he had real and not in advance of the intention to replenish the Deposit in a certain period and in a specific amount, which he really possessed, but the Bank refused to accept.
"In court, the investor will have to prove that he had a sum to make additional contribution and had the opportunity to make (which you can confirm payment documents — income order, a statement on the transfer of funds) and to provide evidence of evasion of Bank from it. To do this, he must send the Bank a written claim for acceptance of an additional payment and to transfer the amount of the additional contribution to the account contribution. If the Bank that amount will be refunded or not will take into account on the Deposit account, the depositor is entitled to recover lost profits. With the written requirements of the depositor and properly executed payment documents, the demand of the depositor for the recovery of the unearned interest is subject to satisfaction", — said the lawyer.
Banks have become more cautious
According to the head of intelligence of deposits Banks.ru Yulia Prasinoi, now banks do not offer long term deposits with high interest rates. "Based on the experience of 2014-2015, when rates on long-term replenishable deposits exceeded 20% per annum, many banks were forced to introduce various restrictions on deposits and thus was contrary to the terms of the contract. Investors were perplexed, hearing the response from the employees of the Bank the following sentence: "Yes, the contract States that the investor has the right to make additional contributions, but nowhere stated that the Bank employee is obliged to take them". Now Deposit rates are significantly lower and the banks have been very careful," she says.
, Banks are focusing on short-term deposits or limit the possibility of replenishment by date or amount.
"When the market goes downtrend in Deposit rates, banks do not want to take risks by committing to pay interest for a renewable deposits, open for a long term under high rate. On the market there are long-term replenishable deposits for a period of three and even five years. If under the agreement the completion is allowed for the entire period, the rate for such deposits are quite low. For example, the contribution "My mobile" the Bank "Ural FD" for a period of five years at 6% per annum. "Top up" Rosselkhozbank (three years at 6.4 percent at the opening of the Deposit or office of 6.55% per annum when placing online) you can fill up throughout the period, except for the last 30 days. More often than not, when you make a contribution for the long term and under more or less favorable interest rate banks impose substantial limitations on the introduction of zapuskalov. It can be as time limits, for example only during the first 90 days (fora-Bank — Deposit "Promising" for a period of three years at 8.2% per annum), or limitations on the amount that is "the sum of all additional contributions cannot exceed the initial Deposit amount" (Sovcombank — the contribution "Convenient" under 7,55% or "Permanent income" under 6.7% APR and a term of three years)," explained Julia Proshina.
Anna PONOMAREVA, Banki.ru
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