When contacting a banking organization to draw up a loan agreement, many borrowers do not carefully study payments and commissions, as a result of which they often overpay for those procedures that, in accordance with the Civil Code of the Russian Federation, should be free. But what if the commissions have already been paid in a banking organization? Is it possible to get the money spent back or not?
Can I get my money back?
It is possible to return the funds that went to pay for certain procedures in the bank, the implementation of which should have been arranged by the lender for free, but for this it is important to adhere to a certain sequence of the return of illegal overpayment under the loan agreement. How and what should be done in such a situation?
Initially, it is necessary to notify the main branch of the banking organization that in a particular branch, employees charge a fee for performing mandatory services. Often there are situations when the creditor himself does not know about this or, in any case, will prove such a position in court, as a result of which there is a risk of not returning the funds spent. The letter will need to indicate the amount and date of the transaction to pay commissions, for example, to issue funds or draw up a loan agreement, and then send it with a delivery receipt so that in the future it will be possible in court to prove the fact of receipt of the letter by the creditor. If within 1 month the answer does not come, it is worth investigating further and contacting the judicial organization.
In order to start the proceedings, you will need to submit a statement of claim and proof of payment for certain services at the bank branch. You will also need to notify the court that a letter was sent to the main branch of the banking organization with a claim and a request to return the illegally withdrawn funds. Further, the creditor of the banking organization will be held liable and the procedure for the return of funds will follow. It is worth noting that it is the originals of the documents that must be submitted to the court, since otherwise, due to their absence, the case may be considered in favor of the banking organization. Also, commissions may not be returned to the credit account due to the lack of evidence of notification of the main branch of the bank about the illegal operation of a certain branch.
It turns out that it is not so difficult to return the funds, the main thing is to do everything consistently and save all the documents, because they can be useful during the proceedings.