A claim to the debtor for the return of money is an important document at the pre-trial stage of debt collection. However, such a letter to the debtor is not always necessary. In what cases such a demand for debt repayment is sent, and when not, we will consider in this article.
Whether to send a claim to the debtor.
Whether it is necessary to send a claim to the debtor or not depends on the receipt (loan agreement). It often happens that when we lend money and ask the borrower to issue a receipt, we consider that this is just a simple formality and do not attach importance to some of the inaccuracies made when drawing it up. For example, it often happens that the receipt or loan agreement does not indicate the loan repayment period.
If you lent money to someone, but the receipt or loan agreement states the repayment period Money is not specified, then by law it is considered that in this way you have agreed with your borrower that he will return the money to you upon request.
In this case, the demand for repayment of the debt is mandatory. It is expressed in a letter and given to him against his signature. Without this event, the court will not accept your statement of claim.
For example, the debt is not returned to you, and you intend to go to court to collect the amount owed. Since the receipt (or loan agreement) does not indicate the period for repayment of the debt, you draw up a letter with the following content:
Request for refund (sample):
__________________________________
from ___________________________________
residential address: ___________________________________
tel. ____________, fax ________, email. mail: __________
Requirement
According to para. 2 p. 1 art. 810 Civil Code Russian Federation in cases where the repayment period is not established by the agreement or is determined by the moment of demand, the loan amount must be repaid by the borrower within thirty days from the date the lender submits a request for this.
In case of non-payment of the above amount of money, legal proceedings will be initiated against you, as a result of which the amount to be recovered will significantly increase by the amount of interest, state fees, penalties, enforcement fees, and other legal costs.
Based on the above, I demand that the loan be returned to me in the amount of _____ (in words) rubles within _____________. (we provide 30 days)
"___"________ ___ G. __________________
date signature
The request for a refund is drawn up in free form, and you can rely on our sample and correct it as you see fit, without going beyond the boundaries of cultural communication. You can call this document a Claim. The only mandatory condition for this letter is the method of sending it. It is necessary to confirm in court that the letter was sent and received by the borrower. To do this, you need to hand this requirement to the borrower with a note indicating that he received it. You can personally deliver this letter to the borrower, then he must sign for its receipt, which is not always possible.
How to send a letter to a debtor.
But there is a simple and effective way - we go to the post office and send this letter to the borrower’s address, always with acknowledgment of delivery. We save the receipt of sending the letter. And we wait 30 days.
A copy of the “Claim” and a receipt for dispatch are subsequently attached to the statement of claim and submitted to the court with all other documents.
Also, a letter demanding the return of money can be sent to the debtor as a warning that you do not want to wait any longer and will take measures to repay the loan. The text of the letter should be slightly modified to suit the situation, and it may look like this:
Request for repayment of debt (sample):
___________________________________________
(name or full name of the borrower)
from __________________________________________
(name or full name of the lender)
address of location (residence): _______________________
phone: __________, fax: _______, email. address: _____________
Requirement
lender to repay the loan amount
According to the agreement (receipt) dated “____” __________ _______, you received money from me in the amount of ________________ rubles.
You were supposed to return the loan amount “____”____________________ _________, however, the money has not been returned to me to date.
As of today, the amount of debt to be repaid is ______ rubles. I ask you to return the debt in full to me before “_______” ________________ _______ year.
In case of non-payment of the above amount of money, legal proceedings will be initiated against you, as a result of which the amount to be recovered will significantly increase by the amount of state fees, penalties, enforcement fees, and other legal costs.
If you have other suggestions for me on how we can reach an agreement, please contact me at the contacts indicated above.
"___"________ ___ G.
Sincerely, __________________
Follow this guide and you will succeed.
In the life of a business entity, situations arise in which it is necessary to return funds previously transferred to the supplier. The article provides a sample letter for a refund from a supplier. We will also consider the reflection of transactions in accounting and legal nuances when returning funds.
How to get money back
There may be various circumstances due to which it is necessary to return the money, for example:
- excessive transfer of prepayment;
- erroneous transfer;
- termination or modification of the terms of the contract.
To get your money back, you must send a refund letter from the supplier.
The letter clarifies the reasons for the request, as well as the transaction details: agreement, payment order, amount.
Below is a sample letter for the return of an advance payment from a supplier (you can download the file at the end of the article).
In order to resolve disagreements with the supplier, we recommend attaching a settlement reconciliation report to the letter. Download a sample statement of reconciliation of payments with the supplier at the end of the article.
When drawing up a letter and a reconciliation report, be sure to make a reference to the agreement.
Reflection of transactions in accounting
Let's consider the procedure for reflecting transactions in accounts accounting on the part of all parties to the transaction:
Excessive advance payment
Dt 51 Kt 62 - advance payment received;
Dt 51 Kt 76/2 - excess amount received
Dt 60 Kt 51 - prepayment transferred;
Dt 76/2 Kt 51 - excessively transferred amount
Dt 51 Kt 76/2 - erroneously received amount
Dt 76/2 Kt 51 - erroneously transferred amount
Termination or change of contract terms
Dt 51 Kt 62 - prepayment received
Dt 60 Kt 51 - advance payment transferred
When funds are returned, reverse accounting entries are made.
Nuances of accounting under the simplified tax system
Often, the supplier has disagreements with the tax authorities about the taxation of excess revenue. The fact is that the tax base is formed upon payment, i.e., at the time the money is received, income arises.
In the event of an erroneous or excessive transfer of funds, the amounts received are not taken into account when generating taxable income (clause 1 of Article 346.15 of the Tax Code of the Russian Federation). Until the circumstances are clarified, these funds do not fall under the definition of income from sales or non-operating income (Articles 249, 250 of the Tax Code of the Russian Federation).
The above does not apply to advances returned due to termination or change in the terms of the contract. At the time of receipt of the prepayment, the taxpayer has an obligation to increase income. When advances received from customers are returned for the refunded amount, the income of the period in which the funds were returned is reduced (clause 1 of Article 346.17 of the Tax Code of the Russian Federation).
Refund period
Erroneously or excessively transferred funds must be returned within seven days from the date the creditor submits a demand for its fulfillment (clause 2 of Article 314 of the Civil Code of the Russian Federation).
In cases of unlawful withholding of funds and evasion of their return, interest is charged on the amount of the debt in accordance with the rules set out in clause 1 of Art. 395 of the Civil Code of the Russian Federation and clause 5 of the Review of the practice of considering disputes related to the application of rules on unjust enrichment (Information letter of the Supreme Arbitration Court of the Russian Federation dated January 11, 2000 No. 49).
Similar requirements for calculating interest apply when terminating a contract for the supply of goods (clauses 3–4 of Article 487 of the Civil Code of the Russian Federation).
To avoid paying interest for using someone else’s money, pay attention to the date of the letter and fulfill your obligations no later than seven days (see sample letter for refund of overpayment to supplier).
A different legal situation arises in the case of the return of the advance upon termination or modification of the work contract.
The organization that received the advance payment began to carry out the work. In this case, the contractor must prove that at the time of receipt of the notice of termination of the contract, part of it has already been completed. If this condition is met, the contractor retains part of the established price in proportion to the part of the work performed before receiving notice of the customer’s refusal to fulfill the contract, and also compensates for losses caused by termination of the contract (Article 717 of the Civil Code of the Russian Federation).
How to write
If there is a need to return funds transferred to the counterparty during the trading process or other entrepreneurial activity, it is necessary to complete the documentation correctly. A letter for a refund from the supplier is drawn up in a special form, which indicates the details of the organization, information about the transfer of funds and other necessary information. Based on this document, the counterparty undertakes to return the erroneously transferred amount within the established time frame, otherwise he will also have to pay a penalty.
In what cases is such a letter necessary?
The need to return funds already sent to the supplier arises quite often. Usually the letter is sent for the following reasons:
- Late delivery of goods. If the deadlines were violated, you can request a refund, as well as a penalty in accordance with the provisions of the contract.
- Supply poor quality goods. If a quality discrepancy with the standard is discovered after acceptance, a letter is sent demanding a refund of the funds paid.
- Termination of the contract by agreement of the parties.
- Overpayment. If funds were mistakenly transferred to a counterparty, this may be discovered quite a long time later during data reconciliation. After this, a letter is sent to return the erroneously transferred amount.
- Incorrect completion of the payment order and other circumstances.
If there is a need to return the goods received, a similar letter must be drawn up, but it must indicate a request for the return of the erroneously delivered goods.
What information should be in the letter?
View a sample refund letter from a supplier. It must contain the following points:
- Organization details. However, if you use company letterhead with printed information about the company to compose the letter, you do not need to duplicate it.
- Full name and position of the head of the organization.
- The title (topic) of the document, as well as the main text.
In the main text it is necessary to indicate the amount that the counterparty is obliged to return and the reasons for this. The details of the agreement or payment order on the basis of which the money was mistakenly transferred to the counterparty are indicated. The reasons and terms of return must also be stated. If the contract provided for a penalty for late fulfillment of obligations by the counterparty, the letter can mention liability for failure to comply with the deadlines for the return of funds.
Features of composing and filling out a letter
To write a letter to a supplier about a refund, a sample of which can be found on our website, you must meet several mandatory requirements. The letter must provide a complete and detailed justification for the need for a return - these are the clauses of the agreement, as well as links to existing regulations. In addition, a copy of the agreement, a bank statement, a copy of a payment order or other document confirming the fact of the transfer of funds must be attached to the letter. In the “Attachment” field, you must indicate the number of pages of documents to be sent.
If a discrepancy in amounts and erroneous sending of funds was identified during reconciliation, it is necessary to attach a report confirming the discrepancies. The letter is signed by the chief accountant, the head of the department and the director of the organization. It is prepared in the required number of copies to be sent to each counterparty. Business correspondence is stored for 5 years according to established rules.
Refund letter from supplier
Letter for refund from supplier (sample)
When carrying out business activities, legal entities and entrepreneurs may need to return funds transferred to the counterparty. In order to return the money, the entrepreneur must send a letter to the counterparty requesting a refund from the supplier.
Contents of the refund letter
Reasons for returning funds already transferred may include the following circumstances:
- violation of the terms of delivery of goods, which are established by the contract concluded by the parties;
- inadequate quality of products discovered after acceptance by the buyer;
- termination of the contract in cases provided for by agreement of the parties, as well as in the manner established by the current civil legislation;
- the presence of an overpayment, if this circumstance was established as a result of drawing up a reconciliation report;
- error in payment order details and others.
The letter is an application for the return of transferred funds. There is no form approved by law, so the document is drawn up in free form.
The refund letter from the supplier, a sample of which is given below, contains the following provisions:
- details of a legal entity (the letter can be written on company letterhead, in which case this is not required), as well as bank details of the organization;
- FULL NAME. the head of the counterparty, his position, name of the organization;
- title(subject);
- the text of the appeal, which should indicate:
1) how the funds were transferred, on the basis of what document (indicate the agreement, payment order, other documents);
2) reasons for the need to return the money;
3) the amount to be returned;
4) deadlines for refunding funds.
In addition, you can indicate the amount of the fine and (or) penalty if they are established in the basis document (agreement, contract) for violation of obligations by the counterparty.
Download letter for refund from supplier (sample)
Features of drawing up and storing a letter for a refund from a supplier
The stated requirements can be justified by clauses of the contract, on the basis of which the supplier is obliged to return funds, as well as references to current legislation.
Copies of contracts, payment documents, and a bank statement about debiting funds from the account are attached to the application. An indication of these documents must be contained in the letter in the “attachment” field with the number of pages.
In addition, a reconciliation report of mutual settlements can be drawn up, which will help identify errors and point out discrepancies in accounting.
The letter is certified by the signatures of the director of the enterprise, the head of the department, and the chief accountant. The organization's seal is affixed to the form.
The number of copies of the document must correspond to the number of participants in legal relations (counterparties). However, the document can be drawn up in more copies if this is necessary for interested parties (for example, the head and chief accountant of a branch, founders, etc.).
Letter for refund from supplier like another business correspondence stored for 5 years.
The above procedure also applies to returning goods purchased from contractors. The paperwork procedure is similar. However, instead of a letter for a refund, a letter for the return of goods is issued.
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Questions for a lawyer
Letter for refund, more precisely, this statement is in case of an erroneous transfer of funds to a person, or it is a claim in case of violation of rights, for example, under a contract, but to simplify perception we will use letter for refund.
Letter for refund must necessarily contain:
details of the person to whom the letter is addressed;
details of the person sending the letter;
the descriptive part of the letter is a description of how or why the money came to the person;
the pleading part of the letter is a request, correctly formulated, for the return of funds.
Letter for refund, sample:
address: Moscow, st. Mira, 8, off. 587.
Baranov Mikhail Petrovich,
address: Moscow, per. Levanova, 8, apt. 78.
tel.: 8 - 987-89-78-456.
Application for refund
Funds were mistakenly transferred to your address by payment order No. 87 dated November 15, 2009 in the amount of 150,000 rubles, including VAT.
In connection with the termination of contract 5 dated 06/15/2012, we ask you to return the funds transferred by payment order 18 dated 05/03/2014 to account 15 in the amount of 2,000,000 including VAT, using the following details:
Due to the short delivery of goods under agreement (invoice) 15 dated 05/24/2015, we ask you to return the funds transferred by payment order 15 dated 06/15/2015 in the amount of 345,000, including VAT.
We ask you to return them using the following details specified in Appendix No. 3
1. Copy of the payment order.
2. Bank account statement confirming the transfer of funds.
3. Account details.
Baranov Mikhail Petrovich signature 09/15/2015
The amount must be indicated in numbers and words.
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Refund letter from supplier
In the activities of organizations, situations often arise when it is necessary to return money transferred to a counterparty. The reasons may be not only an error in the details of the payment order, but also a violation of the terms of delivery of goods or performance of work, inconsistency in the quality of goods or services, termination of the contract, overpayment revealed by the reconciliation report, and so on. To return the money, a claim document according to the sample is drawn up.
General requirements
The document is an application (request) for the return of the transferred money. There is no unified form, so we draw up a free application. Be sure to include the following information:
- details of your organization: the appeal can be made on company letterhead;
- bank details for refund;
- name of the counterparty's manager, his position and full name;
- subject of the appeal (subject of the claim): indicate on the basis of which document (agreement, invoice agreement, universal transfer document) the letter is drawn up;
- subject of appeal: describe exactly how and as a result of which the money was transferred to the supplier’s bank account. Indicate the basis on which you need to return the money, your requirements for deadlines, include fines and penalties, if any, in the document that forms the basis of the obligation. Justify your position with the law or terms of the contract, on the basis of which the supplier is obliged to return the funds.
Attach copies of supporting documents: payment slips, bank statements about debits from the account. In the inventory, indicate not only the quantity, but also the number of pages in each of them. In the attachment to the letter, be sure to add a reconciliation act for mutual settlements. Confirm the application with the signatures of: the responsible executive, the financial director (chief accountant) and the head of the organization.
Sample letter for refund from supplier
How to write a letter for refund of overpayment
We draw up the document in two copies, send one to the counterparty, and register the second in the journal and file it in the outgoing documentation. The number of copies may be greater, one for each interested party. For example, for the head and chief accountant of a branch, for the director and chief accountant of the parent organization, for the founder of your organization.
Act of reconciliation
The act of reconciliation of mutual settlements with the supplier must be attached, regardless of the reason for the occurrence of receivables. It will help you understand accounting discrepancies or identify errors.
Sample letter for refund of overpayment to supplier
Example: we are returning an overpayment that occurred due to a technical error. IN payment order No. 117 dated July 16, 2017 GBOU DOD SDYUSSHOR "ALLUR" the recipient is indicated incorrectly: instead of LLC "Supply of sporting goods" LLC "Supply of goods" is indicated. The payment amount is 30,000 rubles. We are making a request for a refund.
Sample letter for refund of advance payment from supplier
Let's consider a situation that can happen in practice (returning the advance).
GBOU DOD SDYUSSHOR "ALLUR" erroneously transferred an advance to LLC "Supply of goods" in the amount of 30,000 rubles. An agreement was concluded between the organizations for the purchase of sports balls for 100,000 rubles. Advance payments are not provided for under the agreement. We are composing a letter.
Responsibility and storage periods
Return letters, like other business correspondence, must be kept for at least 5 years.
For claims correspondence, you can create a separate registration log; its form and procedure should be approved in the accounting policy. Familiarize the responsible official with this procedure against signature.
Responsibility for maintaining and storing these documents should be stated in the job descriptions.
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For various reasons, you may need to get your money back from your partner. The sooner steps are taken to return them, the faster and with the least losses they will return. The first step in this process is to send a written offer to the counterparty to voluntarily return the amount. The last one is going to court.
Depending on the circumstances that determine the requirement, a letter for a refund from the supplier may be:
- request;
- requirement (claim).
In the form of a request, the supplier is sent a message about the return of funds that were transferred to him by mistake; they are asked to return the overpaid amount of money (overpayment) in other situations when such a request is not due to the fault of the counterparty.
The claim form includes an offer to return money when it is based on the partner’s dishonest behavior.
There are no formal rules for drawing up such documents, but business customs have formed certain templates according to which they are drawn up.
The appeal to the partner is made on company letterhead. It is usually signed by the head of the organization. If the company uses a round seal, it is used to certify the manager’s signature. The proposal is sent to the official address of the counterparty, addressed to its manager.
It is recommended to send the item with a description of the contents. The postal receipt is retained in order, if necessary, to confirm compliance with the claim procedure. Direction courier service, by fax or email - less preferable. These methods do not allow us to reliably prove the fact of sending.
Important! Submit your claim only by fax or e-mail undesirable.
How to write a letter
A request for a refund from the supplier is expressed in business style. They don’t overload with information, but they also don’t forget to indicate the important things:
- the amount requested to be returned;
- reason;
- bank account to which the refund is required.
The money is asked to be returned within a reasonable time. As a rule, this is 7 working days after receipt of the message by the counterparty.
Sample letter for refund of overpayment:
Making a claim
Before drawing up a message about the supplier’s violation of obligations, you must carefully study the contract. Determine the limits of the requirements.
The buyer can demand money back from the seller in the following situations:
- the paid goods were not delivered on time;
- the quality of the goods deviates significantly from what was agreed upon.
Important! Submitting a claim to the supplier is the buyer’s obligation, which he must fulfill before going to court.
Besides general information, the claim must indicate:
- which contract has not been fulfilled;
- what is broken;
- deadline for refund.
An act of reconciliation of calculations, copies of documents confirming the claims, and an expert opinion are attached.
If a partner is required to compensate for losses or pay a penalty, their calculation must be provided.
The proposal must contain all the requirements that the buyer states. It is not necessary to specify them, but they need to be identified. For example, in the form of a warning about the consequences of non-compliance.
The letter should not contradict the agreements of the parties, enshrined in the contract.
Example of a request for an advance payment:
Conclusion
Compose your letter in a business style, write briefly, and do not overload with information. Keep proof of shipment and track receipt by your partner.
Upon receipt of funds sent by mistake from the buyer, the payee, when returning them, must use the construction “return of erroneously transferred funds” in the purpose of payment.
Purpose of payment: return of excessively transferred funds
To return funds sent by mistake, the buyer must write a letter to the seller with the details of the incorrect payment and a request to return the erroneously transferred funds. The letter must also include bank details for refunding the erroneous payment.
Return of erroneously received funds
Organization or individual may learn about the erroneous receipt of funds to the account based on information from the bank (message, letter or account statement), as well as having received a message from the payer who made an error when sending funds.
When crediting erroneously transferred funds to your account, you must:
- notify the bank in writing of the error;
- return the money.
Notifying the bank about erroneous receipt of funds
A company that has received an erroneous payment must send a written message to the bank within 10 days of receiving the bank account statement showing the excess funds. The form of such a written message to the bank is not established by law, therefore banks establish such forms with their own internal documents. If the bank does not have an approved form, the organization draws up a message in free form.
Bank, depending on the terms of the bank account agreement:
- if it is possible to write off erroneously credited amounts from the company’s bank account without acceptance, writes off the erroneously credited funds without a separate order from the organization;
- If there is no such possibility under the agreement between the bank and the organization, the erroneously transferred funds are written off only upon receipt of the corresponding order.
Purpose of payment in case of erroneous transfer of the amount under the contract
If an erroneous transfer of funds was carried out under an agreement, then the funds are returned due to termination of the agreement. In this case, an agreement to terminate the contract is formed and, in accordance with this agreement, a refund is made. The purpose of payment indicates the number and date of the agreement to terminate the contract.
Purpose of payment when returning funds to the buyer: VAT wording
Money received by mistake from the buyer does not belong to the seller and is subject to mandatory return to the payer. When returning these funds, the payment purpose indicates “Return of erroneously received funds” and the VAT wording specified in the payment purpose of the erroneous payment order is used.
Accounting and tax accounting of cash return transactions
In accounting, when returning funds, a posting is used that mirrors the one with which the funds were accepted for accounting:
- Dt 51 K 62 - cash receipt;
- Dt 62 Kt 51 - refund.
In tax accounting:
- Simplified tax system: crediting of funds is reflected in taxable income on the date of receipt of funds to the current account; upon return, taxable income is reversed by the date of return;
- BASIC: crediting and returning funds transferred by mistake is not reflected.
Refund of erroneously or excessively transferred funds
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We will help you return erroneously transferred funds
There are many reasons why you might transfer funds to the wrong counterparty, or overpay under an agreement. This could be a human factor - simple inattention, misconception, error in details, as well as a banking error - equipment malfunction, etc. What are the ways out of this situation?
Letter for refund, sample:
address: Moscow, st. Mira, 8, off. 587.
Baranov Mikhail Petrovich,
address: Moscow, per. Levanova, 8, apt. 78.
tel.: 8 - 987-89-78-456.
Application for refund
Funds were mistakenly transferred to your address by payment order No. 87 dated November 15, 2009 in the amount of 150,000 rubles, including VAT.
In connection with the termination of contract 5 dated 06/15/2012, we ask you to return the funds transferred by payment order 18 dated 05/03/2014 to account 15 in the amount of 2,000,000 including VAT, using the following details:
Due to the short delivery of goods under agreement (invoice) 15 dated 05/24/2015, we ask you to return the funds transferred by payment order 15 dated 06/15/2015 in the amount of 345,000, including VAT.
We ask you to return them using the following details specified in Appendix No. 3.
1. Copy of the payment order.
2. Bank account statement confirming the transfer of funds.
3. Account details.
Baranov Mikhail Petrovich signature 09/15/2015
The amount must be indicated in numbers and words.
If you immediately realize the mistake, it is possible to quickly revoke the order by writing a simple applications for refunds. Such a statement is drawn up in free form and must contain:
— name of the organization, details of the person to whom the payment was made.
Full name of the applicant, his passport details, contact phone number.
- date of writing the application and signature of the applicant.
Please note that the issuance of funds is made only with a passport.
For legal entities The refund letter must contain:
Name of the organization and full name of the director where the payment was made. The letter must contain the account number, the reason for the return, the amount in words, the details of the payment order and the details for the return: name, current account number, box. accounts, INN, KPP, BIC of the recipient's bank. Full name, signature of the director and chief. accountant (if provided for in the staffing table). Seal of the organization, date.
In a situation where the error was not immediately noticed by you, you will need other actions that will take a little longer. First of all, you must understand that, based on Article 1102 Civil Code RF, you have every right to demand your money back, since you do not have any contractual or other obligations to the recipient of the payment. Moreover, Article 1107 of the Civil Code of the Russian Federation states that the recipient of an erroneous transfer is also obliged to compensate interest on the use of your funds. Therefore, you have every reason to return the transferred funds as soon as possible. First, you need to decide how you will seek the return of your funds.
Pre-trial recovery of funds is possible if you are confident in the integrity of the counterparty. You should send a standard application to him with a request to return the money within the agreed period and to the specified details.
It is more effective to claim funds in court. If the person who received your money refuses to independently and honestly return the money to your account, you should file a claim in court. In such cases, especially if we're talking about regarding large sums, you should definitely contact a qualified lawyer who will help you draw up a competent claim and prepare an evidence base.
How to return money to bank card?
First, the “erroneous” recipient of funds must be sent a pre-trial warning. If there is no response on his part within the established time frame, a claim should be filed in court, demanding the return of the erroneously transferred funds.
A similar procedure should take place if the situation arose with an individual. For example, if funds were mistakenly transferred to the bank card of another person or another operator. With a card, things are much simpler, since any transaction requires that funds be frozen in the account until the transaction is confirmed. Therefore, within one or two days you can cancel the transaction and safely return the money to the card. Please note that most banks do not unfreeze the money immediately after canceling a transaction; the process can take up to 30 days. In some cases, the bank may require a letter confirming the cancellation of the money transfer.
Erroneous money transfer due to the fault of the bank
If an erroneous money transfer occurred due to the fault of the bank, it should be the initiator of resolving the situation. You should contact a bank employee who should, as soon as possible, short time return your funds. If the delay in the return of funds has caused any financial costs on your part, you can also demand a penalty.
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How to write a letter for the return of erroneously transferred money
The need to write a letter for the return of erroneously transferred funds arises in situations where, at the conclusion of a transaction or agreement, it suddenly turns out that the nth amount of money from a personal account was mistakenly transferred to another, unforeseen account or, on the contrary, paid to it with excess
In this article, we will answer the following questions: where can money be transferred by mistake? In what cases is it necessary to write a letter for a refund? How to formalize it correctly and to which authorities to send it? within what period do they have to be returned by law? Read on.
Reasons for drawing up
The need to submit a letter for the return of erroneously transferred funds may arise in one of the following situations:
- Due to a technical error during the conclusion of a transaction, an amount much more than the required amount was debited from the personal account;
- Due to some error, on the contrary, excess funds were transferred to a personal account.
Where were they listed?
Institutions to which funds may be erroneously transferred:
- Banking organization;
- One of the payment systems;
- Payment terminal;
- Cellular/Internet operator;
- Business partner;
- Tax organization;
- Pension Fund;
- Other organizations;
- Final recipient.
Procedure
Having discovered the erroneous translation and the organization to which it was sent, follows:
- Provide written notice;
It must be certified by a notary and the applicant.
- Send it to the organization to which the money was transferred by mistake;
Notification can be sent in one of the following ways:
- During a personal visit;
- By post;
- Courier delivery.
After receiving the letter, the organization will begin checking all monetary transactions made on its own accounts to identify the stated error. To do this, documentation of income, expenses and balances is thoroughly studied.
Drawing up a document
Once it has been determined where exactly the funds were sent, a petition for their return should be filed. To do this you will need:
- Prepare a list necessary documentation, confirming the payment made. For individuals, such documents can be receipts or checks, for legal entities - payment orders;
- Compose a letter. An individual draws it up, guided by the sample filling standard form document downloaded on the Internet, and legal institutions on a special form with all the necessary details written down;
As with all similar documents, it contains the following information: details of the authority of the person (chief, head of department or other senior official) to whose name the letter is sent, as well as details of the applicant. Then comes the part that states the request to return the erroneously transferred money (indicating the exact amount), as well as the grounds on which this request should be satisfied.
The letter also contains a list of documentation attached to the main document. At the very end, the date of preparation of the document is indicated, as well as the personal signature of the applicant.
Unfortunately, existing legislative norms do not establish exact deadlines for the return of erroneously transferred funds. Therefore, the timing will depend on the authority to which they were transferred. So:
- if funds were mistakenly credited to a bank card or account, then, if detected in a timely manner, they can be returned within five working days;
- if funds are transferred to a private entrepreneur or legal entity, return period installed by him independently(within reasonable limits).
If the return process is delayed for a long period of time, the applicant subsequently has the right to demand payment of a penalty for each day of delay.
Experience as a lawyer since 2003. Graduated from the Moscow State Open University with honors. Specialization - consumer protection.
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How to write a letter for the return of erroneously transferred funds?
A refund letter is a formal request in writing for the return of overpaid money as part of a previously completed transaction or due to a technical fault.
This request-demand essentially refers to official documents to which a response must be sent. And despite the fact that the statement can be drawn up in any form, it still should not contradict the legislation of the Russian Federation.
Where can money be transferred by mistake?
There are several authorities where funds can be transferred erroneously:
- Bank.
- Any of the payment systems.
- Remote payment terminal.
- Internet operator.
- Counterparty.
- Tax office, Pension Fund and other institutions.
- Final recipient (any individual).
Initially, it is necessary to write a written notice to the organization or person to whose details the money was mistakenly sent.
The drawn up demand must be signed and, if circumstances so require, certified.
You can send a notification in the following ways:
- Personally in hands.
- Using courier services.
- By mail notification.
Whatever method of transmission of the letter is chosen, The recipient's signature is required that he has been notified of the erroneous transfer of funds. Further, regardless of whether it is a legal entity or an individual, the defendant needs to check all monetary transactions that were made on his account. Organizations also need to reconcile all documents on the receipt and expenditure of money and the final balance.
If the answer is negative, the reason for non-return is indicated. The demand is signed and sent to the “affected party”. If the fact of an erroneous transfer of funds is proven, they are returned to the sender's account from which they were sent.
What should be the duration of the weekly uninterrupted rest - see here.
How to write a document correctly?
After finding out to whose details the money was sent, it is necessary to correctly draw up a notice of their return. To do this you need:
- Collect all documents who will be able to confirm the payment. For legal entities, these are payment orders, for individuals - checks or receipts.
- Write the letter itself. The company does this on the letterhead of the organization indicating all the details, an ordinary citizen writes on an A4 sheet indicating passport data, address of actual residence, contact information.
- As with all official letters, in this requirement there should be an appeal addressed to the head (director, boss, manager, etc.).
- Next comes the part where the request for a refund is indicated. Be sure to indicate the exact amount to be returned, the reason for the return.
- Attach collected documents , confirming the fact of the operation. The letter makes a postscript "Appendix", which lists what exactly is attached to the notification.
- Sign the notice. The legal entity affixes the seal and signatures of the manager and accountant.
Return deadlines
Russian legislation does not define the exact terms for the return of erroneously transferred money. Everything will depend on where these funds ended up:
- If the payment was made to a bank account or card and the payer realized it in time, then the money can be returned within 5 working days(again, the period is determined by the banks).
- In the event of an incorrect transfer to a private or legal entity, the law establishes a reasonable time frame for return. In practice this is usually 7 working days from the moment the letter was written. If the process is delayed, the authorities have the right to impose interest on the defendant for each day of delay.
Of course, the money return system itself is not so complicated if you realize it in time and start acting. But it is better to be careful and check the details and contact information of the person to whom the transfer is being made several times.
Sample letter for the return of erroneously transferred funds
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sample letter
Money transferred by mistake can be returned. The main thing is to report the erroneous transfer to the bank as quickly as possible. If you wrote an application as soon as possible, the banking organization will still be able to cancel the transaction, return the money to your account and resend it using the corrected details.
To receive a refund, an application must be submitted in which you must indicate:
- in the header: full name of the bank’s general director, as well as the name of the organization in accordance with the constituent documents. Also enter: from whom the application is being submitted (full name, passport details, residential address, contact phone number);
- in the main part: the essence of the application, the reasons for the return (we draw the bank’s attention to the error of the payment);
- we ask the bank to cancel the operation and return the money back to the account (we indicate its details for identification);
- then we ask you to transfer funds again, but to new, corrected details;
- if you wish, attach to the application a receipt confirming the transaction with an error or other evidence. But this is not at all necessary, since the bank can independently identify the payment from the database;
- At the end we put the date of drawing up the application and a signature with a transcript.
ATTENTION! View the completed sample letter for the return of erroneously transferred funds:
Attention! Our qualified lawyers will assist you free of charge and around the clock on any issues. Find out more here.
Reasons for drawing up
The return of erroneously transferred is carried out in the event of such circumstances as:
- a technical error. For example, during a transaction, an amount greater than stated was debited from the account;
- Due to someone's mistake, your account was credited with extra funds that did not belong to its owner.
Reference! Despite the fact that the application form is not fixed at the legislative level, when drawing it up you should still adhere to a number of rules that have been developed by many years of practice of banking organizations.
How to return erroneously transferred funds
First you need to draw up in writing and submit a request for the return of erroneously credited funds to the owner of the account from where the money was transferred. Then write an application to the organization that carried out the transfer of funds from one account to another.
It could be:
- commercial banking organization;
- organization for servicing ATMs, terminals, etc.;
- Internet transfer company;
- other organizations conducting monetary transactions.
A claim for the return of erroneously transferred money can also be presented to their final recipient. It does not matter who such a recipient is: an individual or a legal entity. The main thing here is that such a person is the owner of the account where the payment was received.
How do you know who to write a refund claim to? It's simple, just find out who made the mistake: the sender or the organization making the payment.
Watch the video. What to do if money is mistakenly credited to your current account:
A completed claim can be submitted in several ways:
Important! If you send an application for the return of an erroneous payment to a bank or a person with whom an agreement was previously concluded on the implementation of a certain transaction, then all payments must be reconciled in order to identify an erroneous transfer.
Reply to letter about refund
If you have already written and submitted an application for the return of an erroneous payment, then be aware that the recipient of such a claim must write you a response within the legal deadlines. Such a response contains either a positive decision to return the money, or a reasoned refusal.
The response is drawn up on the official letterhead of the organization and sent to the address indicated by the sender of the claim. If you do not agree with the decision, you can appeal it to a higher authority.
For example, a decision of a specific bank branch can be appealed to the regional or central branch of such a banking organization.
You can also appeal the decision in court by sending a statement of claim, where the defendant will be the person (company) who refused to return the money.
Return deadlines
In Russian normative legal acts There are no specific deadlines for refunding erroneous payments.
This period of time directly depends on the following factors:
- to return money from a bank account or debit card, 5 working days are enough (but this period is derived from examples of practice, and not from the law);
- if the money was transferred to a citizen or organization, then the return transfer may take up to 7 working days from the moment the letter was received by the addressee. If this period is delayed, you have the right to demand interest for the illegal use of your money.
How to return overpayment of taxes when closing an individual entrepreneur, read here.
Of course, you can get your money back, and it’s not that difficult to do. But it’s still better to check the details several times before sending than to run around the authorities and get your money back.
Watch the video. What to do if the payment went to the wrong address?
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When making an advance payment for a product or service, each of us receives a certain guarantee that it will be delivered without any special delays, on time and in full configuration. And that is why if the goods did not arrive completely, and they forgot about the service, compensation should be demanded.
In order to receive money back for a product or service peacefully, a special document is used, which is called a “Letter for the return of funds. This document serves to peacefully resolve all possible payment conflicts and clearly regulates the entire procedure. Our article will tell you how it is compiled.
What is this letter for?
A letter requesting a refund for a product or service is drawn up in the most different cases. This is mainly needed if:
- The service was not provided at all;
- The goods were not placed at the disposal of the buyer;
- The service was not provided in full;
- The buyer refused the goods;
- The buyer did not receive the goods in full;
- The purchase, sale or provision agreement was terminated after the advance payment was made.
That is, the need to draw up a letter arises in cases where funds have already been transferred to the seller as payment or an advance for a product or service, but the product or service itself has not been provided in full accordance with the terms of the contract.
This letter has several objectives:
- It serves as a notice that the seller is obliged to return the amount of money within the prescribed period;
- It marks your attempt to amicably settle a refund in case of possible conflicts in the future;
- It is necessary for the seller himself, since he will need to note the basis for the money transfer in the reporting;
- It is needed in order to record and save all the parameters of the transaction.
A refund letter is a very important document, and It should be written even when problems with reverse translation are not expected.
How to compose and submit it. Sample
Drawing up a letter requesting a refund for goods not delivered or services not provided is quite problematic, since you will need to correctly describe your reasons for making such demands. The easiest and most correct way is to use the following sample letter for a refund:
- Title. You need to enter in it:
- To whom the appeal is sent;
- Who is it sent from?
- Information part. Contains:
- All purchased goods or services, their description and date of application;
- Information about why the buyer abandons them;
- A detailed description of why the product or service is no longer relevant;
- Request for a refund from detailed description required amount.
- Conclusion. Contains a list of documents attached to the letter and a signature.
The letter must be submitted in person with a passport or other identification document. Moreover, if you do not have the opportunity to submit a letter yourself, you can use either with the help of your representative or mail. If the letter is sent through a representative, be sure to issue a power of attorney for him. If you use a letter, then use a registered one, indicating the date of sending and receipt.
How does the return work?
Refunding money is not such a complicated procedure, especially for the buyer. If you have submitted a letter requesting a refund, then The money must be transferred to you within 10 days from the date of approval. Moreover, these 10 days are strictly fixed by law, and violation of these terms, according to the law “On the Protection of Consumer Rights,” is punishable by a fine in the form of a fine. The amount of the penalty for each subsequent day of delay in the refund may vary - from 1 to 3% of the total refund amount and without restrictions if the penalty is charged under the contract.
Refunds are always made in the same way the seller received the money. Thus, if the payment was made in cash, then the money will be returned to the person who deposited it, and if it was transferred by bank transfer, it will be returned to the account or card of the sending bank. However, there are two exceptions to this rule: if the return is forced or if trade was carried out through counterparties and the agreement itself provides for other return conditions.
Separately, it is worth noting the transfer of funds through the bank. If the refund goes through to an account or card, there may be certain delays that may increase the maximum period for returning funds - if the seller has 10 days to return, then the bank has 30. That is, when transferring through a bank, the return period can be extended up to 40 days.
What to do if the money is not returned
In the event that the money was not returned to you, you have the opportunity ask for protection in public services— Rospotrebnadzor and court. Sometimes you can contact the prosecutor's office, but only if you have very good reason to believe that you have become a victim of scammers.
A complaint to Rospotrebnadzor is the first claim that should be filed if the letter for the return of funds did not bring any results. This is due to the fact that Rospotrebnadzor is responsible for protecting consumer rights, and an unfair or unfounded refusal to return violates these same rights. Based on your application, Rospotrebnadzor will organize an inspection of the activities of the supplier of goods and services, and no later than 30 days will make a decision.
Can go to court. Dealing with the court is much more difficult, but often it becomes the last service through which you can get your money back. To begin the hearings, you will need to draw up and submit a statement of claim, which will be reviewed up to 5 days. After this, you will need to appear at the scheduled meeting and prove that you have every reason to get your money back, and the refusal given to you is unlawful. If everything goes well, the court will issue a ruling that will allow you to get your money.
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