Application to the bank to search for a payment order. What to do if a bank transfer goes missing

Question 1:

Now about what is said about confirming the execution of an order to a client in regulations …

Articles 4.6 and 4.9 of the Regulations of the Central Bank of the Russian Federation dated June 19, 2012 N 383-P “On the rules for transferring funds” state the following:

4.6 Execution of orders in in electronic format for the purpose of transferring funds via bank account confirmed:
- by the payer’s bank by sending a notice to the payer in electronic form about the debiting of funds from bank account the payer indicating the details of the executed order or by sending the executed order in electronic form indicating the execution date.

In this case, the specified notice from the payer’s bank can simultaneously confirm the acceptance for execution of the order in electronic form and its execution;
- by the bank of the recipient of funds by sending a notice to the recipient of funds about the crediting of funds to the bank account of the recipient of funds indicating the details of the executed order or by sending an executed order indicating the execution date.

4.9. Execution of the client's order when performing a transaction using electronic means payment is confirmed by the credit institution by sending a notice to the client in the manner established by the agreement credit organization in electronic form or on on paper, confirming the execution of a transaction using an electronic means of payment, which must indicate:
- name or other details of the credit institution;
- number, code and (or) other identifier of the electronic means of payment;
- type of operation;
- Date of operation;
- transaction amount;
- sum commission in case of collection;
- device identifier when used to carry out an operation using an electronic means of payment.

Taking these standards into account, your bank responded to your claim! And the bank is again purely “formally” right here.

Question 2:

2.16 The procedure for performing the procedures for recall and return (cancellation) of orders is established by the bank taking into account the requirements of paragraphs 2.14 and 2.15 of these Regulations.
2.14. The order can be revoked before the funds transfer becomes irrevocable. ...
2.15. The return (cancellation) of unexecuted orders is carried out by the bank no later than the business day following the day on which the basis for the return (cancellation) of the order arose, including the receipt of an application for revocation.

Question 3:

Paragraph 5 of paragraph 2.14 states this as follows:

The application for revocation serves as the basis for the bank to return (cancel) the order.

The procedure for correcting the details of the recipient of funds in an already sent transfer is most likely stipulated in the agreements between the client and the bank, since the procedure for redirecting (correcting details) in an already sent payment is not prescribed by the Regulation of the Central Bank of the Russian Federation of June 19, 2012 N 383-P. Therefore, in such a situation, it is best to revoke the transfer, wait for the funds to be returned (credited) to the account, and only then re-issue the transfer using the specified details.

Question 4:

1. Response to a request that the funds transfer was not credited according to the details that you specified at the time of registering the funds transfer through the Sberbank Online@ain system.


2. Your copy of the application for search/return/transfer of payment (with changes in details) is duly certified by the responsible employee of the bank (date, signature, seal)


3. Printout of a copy of the order issued through the Sberbank Online@ain system.


4. Confirmation from the recipient partner about the details for the transfer, or an agreement with the specified details

During their lifetime, many people open several deposits and accounts in which their capital is stored. However, it is not always possible to provide a complete picture of all open accounts. For such clients, Sberbank provides very convenient service“Invoice search.” This way you can find out not only about your own accounts, but also about the accounts of relatives who are under your support.

Conditions and cost

You can find several types of accounts:

• Deposits
• Metal accounts (OMS)
• Savings accounts
• Bank cards

An application to search for invoices must indicate the full name and region of registration of the agreement. This information will be enough to get started.

It is worth noting that the “Account Tracing” service is provided to Sberbank clients absolutely free of charge. The statement will be provided within 30 days. How correctly, the list of deposits can be seen instantly if there were no difficulties during registration: contacting a branch in another region, undocumented change of personal data (you must submit an application to the bank in a timely manner).

Who can use the service

You can use this service to find out information not only about your accounts. However, Sberbank will provide you with information about another person if you collect the appropriate package of documents. The requirements are as follows.

• Owner

Sberbank will issue all accounts issued in your name upon presentation of your passport.

• Heir

In addition to your passport, you must provide the bank with a death certificate of the account owner.

• Legal representative of the heir

You need a passport, a document confirming that you are the legal representative (child's birth certificate, guardianship document, etc.), as well as a death certificate of the account owner.

• Confidant

Your passport and a notarized power of attorney are required, which states that you can manage the finances of the account owner.

Procedure

In order to search for accounts, you need to go to the nearest Sberbank branch with a Russian passport. Contact a consultant, the further procedure is as follows:

• Sign with a bank
• Get a login and password for your personal account on the Sberbank Online website
• Log in (download the application or go to the website)

You can view information about accounts and deposits even at home. Also via Personal Area can be carried out financial operations and transfer funds from one account to another.

An incomplete list of accounts and deposits is displayed when the client does not notify the bank in a timely manner about a change in first name and passport information. In this case, you just need to go to any branch with a new passport and write an application to change your personal data.

Each taxpayer may find himself in the following situation: he transferred the amount of tax to the budget, but before tax office The money never arrived and a debt arose. As a consequence of this, employees of the Federal Tax Service accused the taxpayer of late payment of the tax amount, accruing penalties and issuing a demand. Is it possible to prove that you are right in this case? How to find payment and pay off debt? How to write a letter to the tax office about the search for payment? More on this later.

Why was the payment lost?

The main reasons for the “loss” of money transferred to the budget:

The taxpayer incorrectly indicated one of the details in the payment order.

A bank employee made a mistake when processing a payment order.

recipient's name;

TIN and checkpoint inspection;

UFC account, bank name;

OKTMO code.

When can you clarify erroneously specified details, and when not?

If there are some errors in the payment order, the transferred money will reach the Federal Tax Service and off-budget funds, but they will not be able to post them to the organization’s settlement card with the budget. Details will need to be clarified. You can check the following information:

TIN and KPP of the recipient or sender;

• purpose of payment;

  taxpayer status;

  basis of payment;

  taxable period;

  number or date of the basis document.

Things are completely different if the taxpayer incorrectly indicated the Federal Treasury account number or the name of the recipient's bank. Errors in these details lead to non-recognition of the obligation to pay tax as fulfilled, since the money does not go to the required account (Clause 4 of Article 45 of the Tax Code of the Russian Federation). The taxpayer’s action algorithm in this case will be as follows:

transfer the payment again, but with the correct details;

pay accrued penalties;

submit an application to the tax service for a refund (or credit) of funds paid using incorrect details.

What should a taxpayer do if a payment is lost?

First of all, you need to request a reconciliation of calculations with the budget, for example, in the form of a Certificate of Payment Status. The results of the reconciliation can also be documented in an act signed by the taxpayer and the authorized official tax service. Receiving a statement of reconciliation of calculations will allow the taxpayer to quickly respond to the emergence of disagreements with the Federal Tax Service.

Then you need to send a letter to the tax office as soon as possible about the search for payment, a sample of which is given below. Documents must be attached to the letter that confirm that the tax payment has been made. Such documents are:

payment order to pay tax,

statement from the bank.

If the payment was issued in paper form, you should attach a copy bearing the bank’s mark (stamp of the institution and signature of the operator who carried out the operation). If the payment order was issued in electronic form, a printout of it and a notification from the bank about acceptance of the payment for execution must be attached to the letter to the Federal Tax Service (the date of acceptance must be indicated).

How to write a letter to the Federal Tax Service

The letter to the tax office about the search for payment does not have a form established by law. Most often it is compiled in any form on letterhead or on a regular A4 sheet. The letter must contain standard details of business documentation.

The structure of the document is as follows:

"A cap". Here they indicate the name of the tax office, its address, and in the “header” of the document you should write down the name of the organization that sent the letter, its legal address, INN, KPP, OGRN.

Main part. Here it is necessary to explain in detail the essence of the problem: when exactly the payment order was submitted for execution and in what form. You must also indicate the payment amount and details of the payment order to which the tax was transferred. After this, you need to politely ask to find the missing payment.

The final part indicates which documents are attached to the letter as confirmation.

The document must be signed by the head of the sending organization. You can also put a seal of a legal entity.

Features of providing a letter

The legislation does not officially regulate exactly how the letter should be submitted to the Federal Tax Service. Taxpayers have the right to provide a document in the following ways:

bring it in person to the tax office;

transfer through a representative, having previously issued a power of attorney;

send by mail in a valuable letter with a list of the contents;

send via telecommunication channels, certifying the document with an electronic digital signature.

It is best to provide a letter with attached documents directly to tax authority, then it will immediately be marked with acceptance by the inspection.

Tax office employees must review the letter within 30 days and seek payment. If necessary, settlements with the taxpayer will be reconciled. If tax service will make a positive decision - the payment will be updated on the date of actual payment of the tax, and the accrued penalties will be canceled.

If the Federal Tax Service after receiving all necessary documents recognizes the obligation to pay tax as unfulfilled - the taxpayer can try to appeal this decision first to a higher tax office and then to an arbitration court.

Sending scheme money transfer is quite simple and accessible, but still in some cases, despite the openness of the procedure, the payment may be lost.

Electronic control

Banks that provide transfer services sums of money, try to minimize the likelihood of payment loss. For this purpose, special electronic programs with unique identification codes are used, which allow recording the movement of funds. Such measures are aimed at monitoring the entire money transfer process and help solve problems that may be associated with errors in identification data, and also minimize the risks of lost payments.

Meet the deadline requirements

However, if such a situation does occur and the transfer goes missing, the bank client must independently search for it. First of all, it is necessary to determine the conditions under which the client’s requirements for searching for a transfer will be justified and fulfilled by the bank. A claim is submitted if the stated deadline for payment by the bank is exceeded.

It is necessary to take into account the fact that the terms may vary, therefore, even during the period of processing the transfer, it is necessary to clarify the maximum time for delivery of the payment.

In addition, the search for payment can be started before the stated deadline is considered to have passed. This may be due to incorrect identification information. In both cases, the basis for filing a claim will be a receipt for sending the payment. In the absence of this document, the recipient client must understand that the chances of his request being accepted are reduced to zero.

Store documents

If you have a check to make a transfer, you should contact the banking institution that provided this service. There you need to fill out a request for payment.

An application to search for a transfer can be submitted by the sender, the addressee, or the legal representative of one of them.

Usually the search time takes no more than a month, which is stipulated in the regulatory document. During this period, the transfer must be found and transferred to either the addressee or the sender. It is also worth knowing that if, as a result of loss of payment, the client suffered any losses, then he has the right to file a claim banking institution, which will set out a claim for compensation for the damage caused.

We must not forget that the application must be submitted strictly specified period from the moment of non-delivery of money, since if this is done later, the service representative has the right to refuse.