The bank has the right to write off money from the client’s account without the client’s consent in two cases: by court order or in accordance with the terms of the contract. Petr Gusyatnikov, senior managing partner of law firm PG Partners, reported this to the agency. “Hit the primer”.
Annulment by court decision is carried out in the presence of an executive order. The customer can contact the bank independently if a collection decision is made in his favor. The lawyer emphasized that the bank does not have the right to refuse deletion in case of an enforcement letter.
You can also apply to the bank for collection by court order, in which case an enforcement letter is not required. Gusyatnikov noted that fines, loan debts, alimony and electricity bills are usually collected this way.
However, starting from February 2022, the bank is obliged to leave an emergency reserve with a living wage on the customer’s account. The customer must apply to his bank to cover living expenses, after which the bank is obliged to leave these funds in his account. The expert warns that money received in the form of compensation for health damages, social benefits and alimony cannot be written off either.
In the latter case, direct deletion can be achieved according to the terms of the contract. The bank may debit certain amounts, such as loan payments or service fees, from the customer’s account without his consent.
The lawyer explained that a direct debit clause may be part of the contract, so all information should be carefully reviewed before signing. In the absence of such a provision, the bank may refuse to provide certain services.
Also another expert named mobile services that silently write money.
Formerly Central Bank of the Russian Federation elongated The right of banks not to disclose sanctions-sensitive data.
Source: Gazeta
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