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 the return of a debt is sent, and when not, we will consider in this article.
Whether to send a claim to the debtor.
Whether it is mandatory 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 mere formality and do not attach importance to some inaccuracies in its preparation. So, for example, it often happens that the loan repayment period is not indicated in the receipt or loan agreement.
If you lent money to someone, but the repayment period is in the receipt or loan agreement Money is not specified, it is considered by law that in this way you have agreed with your borrower that he will return the money to you on demand.
In this case, the Claim for the return of the debt is mandatory. It is expressed in a letter and handed over to him against his signature. Without this event, the court will not accept your statement of claim.
For example, you do not return the debt, and you intend to go to court to recover the amount of the debt. Since the receipt (or loan agreement) does not indicate the deadline for repaying the debt, you compose a letter with the following content:
Refund request (sample):
__________________________________
from _________________________________
address of residence: ___________________________________
tel. ____________, fax ________, email mail: __________
Requirement
According to par. 2 p. 1 art. 810 Civil Code Russian Federation in cases where the term of repayment is not established by the agreement or is determined by the moment of demand, the loan amount must be returned by the borrower within thirty days from the date the lender makes a request for it.
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 duty expenses, penalties, enforcement fees, and other legal costs.
Based on the foregoing, I demand to return to me a loan in the amount of _____ (in words) rubles by _____________. (we provide 30 days)
"___"________ ___ G. __________________
date signature
The request for a refund is made in a free form, while you can focus 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 prerequisite for this letter is the way it is sent. 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 that he received it. You can personally hand over this letter to the borrower, then he must sign for its receipt, which is not always realistic.
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 a return receipt. We save the receipt of sending the letter. And we wait 30 days.
A copy of the "Claim" and a receipt of dispatch are subsequently attached to the statement of claim and submitted to the court with all other documents.
Also, a letter requesting a refund can be sent to the debtor as a warning that you do not want to wait any longer and will take steps to repay the loan. The text of the letter should be slightly changed according to the situation, and it may look like this:
Claim for the return of the amount of debt (sample):
___________________________________________
(name or full name of the borrower)
from ______________________________________________
(name or full name of the lender)
location (residence) address: _______________________
telephone: __________, fax: _______, e-mail address: _____________
Requirement
lender to repay the loan
According to the agreement (receipt) dated "____" __________ _______, you received money from me in the amount of ________________ rubles.
You were supposed to return the loan amount on "____" ____________________ _________, however, the money has not been returned to me so far.
To date, the amount of debt to be returned is ______ rubles. I ask you to return the debt in full to me by "_______" ________________ _______.
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 duty, penalty, performance fee, and other legal costs.
If you have other suggestions for me on how we can reach an agreement, please contact me at the above contacts.
"___"________ ___ G.
Sincerely, __________________
Follow this guide and you'll be fine.
In the life of an economic entity, there are situations in which it is necessary to return the 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 operations 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.
For a refund, you must send a letter of refund from the supplier.
The letter specifies the motives for the request, as well as the details of the transaction: contract, payment order, amount.
Below is a sample letter for the return of an advance from a supplier (you can download the file at the end of the article).
In order to resolve disagreements with the supplier, we recommend that you attach an act of reconciliation of settlements to the letter. Download a sample act of reconciliation of settlements with the supplier at the end of the article.
When compiling a letter and a reconciliation act, be sure to make a reference to the contract.
Reflection of operations in accounting
Consider the procedure for recording transactions on accounts accounting from all participants in the transaction:
Too much advance payment
Dt 51 Kt 62 - advance payment received;
Dt 51 Kt 76/2 - excessively received amount
Dt 60 Kt 51 - an advance payment has been 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 modification of the terms of the contract
Dt 51 Kt 62 - prepayment received
Dt 60 Kt 51 - advance payment is transferred
When the funds are returned, reverse accounting entries are made.
The nuances of accounting for USNO
It is not uncommon for a supplier to have disagreements with the tax authorities about the taxation of excess receipts. The fact is that the tax base is formed upon payment, i.e. at the time of receipt of money, income arises.
In the event of an erroneous or excessive transfer of funds, the amounts received are not taken into account when forming taxable income (clause 1, 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 foregoing does not apply to advances returned as a result of termination or amendment of the terms of the contract. At the time of receipt of the prepayment, the taxpayer has an obligation to increase income. Upon the return of advances received from buyers, the income of the period in which the funds were returned is reduced by the amount to be returned (clause 1, article 346.17 of the Tax Code of the Russian Federation).
Refund deadline
Mistakenly or excessively transferred funds must be returned within seven days from the date the creditor presents a demand for its execution (clause 2, article 314 of the Civil Code of the Russian Federation).
In cases of illegal retention of funds and evasion of their return, interest is charged on the amount of the debt in accordance with the standards set forth in paragraph 1 of Art. 395 of the Civil Code of the Russian Federation and clause 5 of the Review of the practice of resolving disputes related to the application of the rules on unjust enrichment (Inf. letter of the Supreme Arbitration Court of the Russian Federation dated 11.01.2000 No. 49).
Similar requirements for the calculation of interest apply when terminating the 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 other people'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 the supplier).
A different legal situation develops in the event of a refund of the advance upon termination or amendment of the work contract.
The organization that received the advance payment started 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 withholds a part of the established price in proportion to the part of the work performed before receiving a notice of the customer's refusal to perform the contract, and also compensates for losses caused by the termination of the work contract (Article 717 of the Civil Code of the Russian Federation).
How to write
If there is a need to return the funds transferred to the counterparty in the course of trading or other entrepreneurial activity must be properly documented. 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 limits, otherwise he will also have to pay a penalty.
When is it necessary to write such a letter?
The need to return funds already sent to the supplier arises quite often. Typically, a letter is sent for the following reasons:
- Late delivery of goods. If the deadlines have been violated, you can request a refund, as well as demand a penalty in accordance with the provisions of the contract.
- Supply low-quality goods. If the quality discrepancy to the norm was discovered after acceptance, a letter is sent demanding the return of the funds paid.
- Termination of the contract by agreement of the parties.
- Overpayment. If the funds were erroneously transferred to the counterparty, this can be detected after a rather long period of time during data reconciliation. After that, a letter is sent to return the erroneously transferred amount.
- Incorrect filling of the payment order and other circumstances.
If there is a need to return the received goods, a similar letter is drawn up, but it must contain a request for the return of the erroneously delivered goods.
What information should be in the letter?
Check out a sample refund letter from a supplier. It must contain the following items:
- Organization details. However, if a letterhead with printed information about the company is used to compose the letter, it is not required to duplicate it.
- Name and position of the head of the organization.
- Title (subject) 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 contract or payment order are indicated, on the basis of which the money was erroneously transferred to the counterparty. The reasons and terms of the return must also be prescribed. If the contract provided for a penalty for untimely fulfillment of obligations by the counterparty, the letter can mention liability for failure to meet the deadlines for the return of funds.
Features of compiling and filling out a letter
In order to write a refund letter to the supplier, a sample of which can be found on our website, you must meet several mandatory requirements. The letter must contain a full and detailed justification for the need for a return - these are the clauses of the agreement, as well as links to the current regulations. In addition, a copy of the agreement, a bank statement, a copy of a payment order or other document confirming the transfer of funds must be attached to the letter. In the "Application" field, you must specify the number of pages of documents to be sent.
If the discrepancy in the amounts and the erroneous sending of funds was revealed during the reconciliation, it is necessary to attach an act confirming the discrepancies. The letter is signed by the chief accountant, the head of the department and the director of the organization. It is issued 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 a refund from a supplier (sample)
When carrying out entrepreneurial activities, legal entities and entrepreneurs may need to return the funds transferred to the counterparty. In order to return the money, the entrepreneur must send a letter to the counterparty for a refund from the supplier.
Contents of the refund letter
The reasons for the return of already transferred funds may be such circumstances as:
- violation of the terms of delivery of goods, which are established by the contract concluded by the parties;
- inadequate product quality discovered after it was accepted by the buyer;
- termination of the contract in cases stipulated by the 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 the details of the payment order 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 shown below, states the following:
- details of the legal entity (the letter can be written on company letterhead, then this is not required), as well as bank details of the organization;
- FULL NAME. the head of the counterparty, his position, the name of the organization;
- title (subject);
- the text of the appeal, which should indicate:
1) how the funds were transferred, on the basis of which document (the contract, payment order, other documents are indicated);
2) the reasons for the need to return the money;
3) the amount to be returned;
4) the timing of the return of funds.
In addition, you can specify the amount of a fine and (or) forfeit, if they are established in the basis document (agreement, contract) for violation of obligations by the counterparty.
Download a refund letter from a supplier (sample)
Features of compiling and storing a letter for a refund from the supplier
The stated requirements can be argued by the clauses of the contract, on the basis of which the supplier is obliged to return the funds, as well as references to the current legislation.
Copies of contracts, payment documents, a bank statement on debiting funds from the account are attached to the appeal. An indication of these documents should be contained in the letter in the "attachment" field with the number of pages.
In addition, an act of reconciliation of mutual settlements can be drawn up, which will allow you to identify an error and indicate discrepancies in accounting.
The letter is certified by the signatures of the director of the enterprise, the head of the department, the chief accountant. The stamp of the organization is affixed on 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 it is necessary for interested parties (for example, the head and chief accountant of a branch, founders, etc.).
Letter for a refund from the supplier like the other business correspondence kept for 5 years.
The above procedure is also applicable for the return of goods purchased from counterparties. The paperwork process 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 in the event of an erroneous transfer of funds to a person, or this is a claim in case of violation of rights, for example, under an agreement, but to simplify perception, we will use letter for refund.
Letter for refund must contain:
details of the person to whom the letter is addressed;
details of the person who sends the letter;
the descriptive part of the letter, this is a description of how or why the money got 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, d. 8, of. 587.
Baranov Mikhail Petrovich,
address: Moscow, per. Levanova, d. 8, apt. 78.
tel.: 8 - 987-89-78-456.
Application for a refund
Funds were erroneously 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 the contract 5 dated 06/15/2012, we ask you to return the funds transferred by payment order 18 dated 05/03/2014 on account 15 in the amount of 2,000,000 including VAT, to the following details:
Due to the short delivery of goods under the contract (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 to the following details specified in Appendix No. 3
1. Copy of payment order.
2. Bank statement confirming the transfer of funds.
3. Account details.
Baranov Mikhail Petrovich signature 09/15/2015
The amount must be indicated in numbers and in words.
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Refund letter from supplier
In the activities of organizations, situations often arise when it is necessary to return the money transferred to the 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 identified by the reconciliation act, and so on. To return the money, a claim document is drawn up according to the model.
General requirements
The document is a statement (request) for the return of the transferred money. There is no unified form, so we draw up a statement in an arbitrary form. Be sure to include the following information:
- details of your organization: the appeal can be made on letterhead;
- bank details for a refund;
- name of the head of the counterparty, his position and full name;
- subject of the appeal (subject of the claim): indicate on the basis of which document (contract, invoice-contract, 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 settlement account. Indicate on the basis of what it is necessary to return the money, your requirements for terms, include fines and penalties, if any, in the document - the basis of the obligation. Argument your own position with the norm of the law or the 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 statement on debiting from the account. In the inventory, indicate not only the number, but also the number of pages in each of them. In the attachment to the letter, be sure to add an act of reconciliation of mutual settlements. Certify the appeal with signatures: the responsible executor, the financial director (chief accountant) and the head of the organization.
Sample letter for refund from vendor
How to write a refund letter
We draw up the document in two copies, one is sent to the counterparty, and the second is registered in the journal and filed in the outgoing documentation. The number of copies may be more, one for each interested person. 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 cause of the receivables. It will allow you to understand discrepancies in accounting or identify an error.
Sample letter for reimbursement to supplier
Example: we return an overpayment that occurred due to a technical error. AT payment order No. 117 of 07/16/2017 GBOU DOD SDYUSSHOR "ALLURE" the recipient is incorrectly specified: instead of LLC "Support of sporting goods" LLC "Delivery of goods" is specified. The payment amount is 30,000 rubles. We are requesting a refund.
Sample letter for a refund from a vendor
Consider a situation that can happen in practice (we return the advance).
GBOU DOD SDYUSSHOR "ALLURE" erroneously transferred an advance payment to Delivery of Goods LLC in the amount of 30,000 rubles. The organizations signed an agreement for the purchase of sports balls for 100,000 rubles. Advance payments under the contract are not provided. We compose a letter.
Responsibility and retention periods
Return letters, like other business correspondence, must be kept for at least 5 years.
For claim correspondence, you can create a separate register of registrations, approve its form and procedure for maintaining it in the accounting policy. Familiarize the responsible official with this procedure against signature.
Write down the responsibility for maintaining and storing these documents in the job descriptions.
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For various reasons, you may need to return your money from a 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 give rise to the claim, the refund letter from the supplier may be:
- a 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.
An offer to return the money is dressed up in the form of a claim when it is based on the unfair behavior of the partner.
There are no formal rules for compiling such documents, but business practices have formed certain patterns according to which they are compiled.
An appeal to a partner is made on a letterhead. It is usually signed by the head of the organization. If the company uses a round seal, it certifies the signature of the head. Send the proposal to the official address of the counterparty, in the name of his head.
It is recommended to send the shipment with a description of the attachment. The postal receipt is kept in order, if necessary, to confirm compliance with the claim procedure. Direction courier service, fax or email is less preferred. These methods do not allow you to reliably prove the fact of sending.
Important! Submit claims by fax or e-mail undesirable.
How to write a letter
A request for a refund from a supplier is expressed in business style. Do not overload with information, but do not forget to indicate the important:
- the amount requested to be returned;
- reason;
- the bank account to which the refund is to be made.
Money is requested to be returned within a reasonable time. As a rule, this is 7 working days after the counterparty receives the message.
Sample letter for refund:
Making a claim
Before drawing up a report on a violation by the supplier of obligations, it is necessary to carefully study the contract. Define requirements limits.
The buyer can demand money back from the seller in the following situations:
- the paid goods are not delivered on time;
- the quality of the goods significantly deviates from the agreed.
Important! Sending a claim to the supplier is the responsibility of the buyer, which he must fulfill before going to court.
Apart from general information, the claim must indicate:
- which contract has not been fulfilled;
- what is broken;
- refund period.
Attach an act of reconciliation of calculations, copies of documents confirming the claims, the conclusion of the examination.
If they require the partner to compensate for losses, pay a penalty, it is necessary to bring their calculation.
The offer must contain all the requirements that the buyer declares. It is not necessary to specify them, but it is necessary to designate them. For example, in the form of a warning about the consequences of non-performance.
The letter should not contradict the agreements of the parties, enshrined in the contract.
An example of a request for an advance payment:
Conclusion
Compose a letter in a business style, write briefly, do not overload with information. Keep proof of shipment and track receipt by 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 to the seller a letter with the details of the incorrect payment and a request to return the erroneously transferred funds. Bank details must also be attached to the letter to return the erroneous payment.
Return of erroneously received funds
Organization or individual can learn about the erroneous receipt of funds to the account based on information from the bank (message, letter or account statement), as well as by receiving a message from the payer of funds who made an error when sending funds.
When crediting erroneously transferred funds to the account, you must:
- notify the bank in writing of the error;
- return the money.
Notification of the bank about the erroneous receipt of funds
A company that has received an erroneous payment must send a written notice to the bank within 10 days of receiving a bank statement with the overpayment. The form of such a written message to the bank is not established by law, therefore banks establish such forms by their own internal documents. In the absence of an approved form in the bank, the organization draws up a message in free form.
The 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 erroneously credited funds without a separate order from the organization;
- in the absence of such an opportunity under an agreement between the bank and the organization, the erroneously transferred funds are written off only upon receipt of the appropriate order.
Purpose of payment in case of erroneous transfer of the amount under the contract
If the erroneous transfer of funds was carried out under the agreement, then the funds are returned in connection with the termination of the agreement. In this case, an agreement is formed on the termination of the contract and, according to this agreement, a refund is made. The purpose of the payment shall indicate the number and date of the agreement to terminate the contract.
Purpose of payment when returning funds to the buyer: VAT wording
The funds erroneously received from the buyer do not belong to the seller and are subject to mandatory return to the payer. When returning these funds, the purpose of payment is indicated as "Refund of erroneously received funds" and the VAT wording specified in the purpose of payment of the erroneous payment order is used.
Accounting and tax accounting of cash return operations
In accounting, when returning funds, a posting is used that mirrors the one with which the funds were taken into account:
- Dt 51 K 62 - cash receipts;
- Dt 62 Kt 51 - refund.
In tax accounting:
- USN: 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 return of funds transferred by mistake is not reflected.
Return of erroneously or excessively transferred funds
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We will help to return the erroneously transferred funds
There are many reasons why you could transfer funds to the wrong counterparty, or overpay under the contract. This can be a human factor - banal inattention, delusion, an error in the details, as well as a banking error - a malfunction of equipment, etc. What are the ways out of this situation?
Letter for refund, sample:
address: Moscow, st. Mira, d. 8, of. 587.
Baranov Mikhail Petrovich,
address: Moscow, per. Levanova, d. 8, apt. 78.
tel.: 8 - 987-89-78-456.
Application for a refund
Funds were erroneously 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 the contract 5 dated 06/15/2012, we ask you to return the funds transferred by payment order 18 dated 05/03/2014 on account 15 in the amount of 2,000,000 including VAT, to the following details:
Due to the short delivery of goods under the contract (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 to the following details specified in Appendix No. 3.
1. Copy of payment order.
2. Bank statement confirming the transfer of funds.
3. Account details.
Baranov Mikhail Petrovich signature 09/15/2015
The amount must be indicated in numbers and in words.
If you immediately realized the mistake, it is possible to quickly withdraw the order by writing a simple refund requests. Such an application is made in free form and must contain:
- name of the organization, data of the person to whom the payment was made.
Full name of the applicant, his passport details, contact phone number.
- the date of writing the application and the 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, TIN, KPP, BIC of the recipient's bank. Full name, signature of the director and ch. accountant (if provided by 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 realize that on the basis of Article 1102 Civil Code RF, you have every right to demand your funds back, since you have no contractual or other obligations to the payee. Moreover, article 1107 of the Civil Code of the Russian Federation states that the recipient of the erroneous transfer is also obliged to compensate for the 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.
In the pre-trial procedure, the recovery of funds is possible if you are sure of the decency of the counterparty. You should send a standard application to his name with a request to return the money within the agreed time and to the specified details.
It is more efficient to claim funds in court. If the person who received your money refuses to return the money to your account on their own and in good faith, you should file a claim with the court. In such cases, especially if we are talking about large sums, you should definitely contact a qualified lawyer who will help you draw up a competent claim and prepare the evidence base.
How to return money to bank card?
To begin with, the “erroneous” recipient of funds must be sent a pre-trial warning. In the absence of any reaction on his part within the established timeframe, a lawsuit should be filed with the court demanding the return of erroneously transferred funds.
A similar procedure should take place if the situation arose with an individual. For example, if funds were mistakenly transferred to a bank card of another person or another operator. With a card, things are much simpler, since the completion of any transaction assumes that the funds are 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 immediately unfreeze money 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.
Wrong money transfer due to the fault of the bank
In the event that an erroneous money transfer occurred due to the fault of the bank, it is he who must act as the initiator of resolving the situation. You should contact the bank employee, who should, as much 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 draw it up and in what instances to send it? How long does it take for them to be returned? Read on.
Reasons for compiling
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, a much larger amount was debited from a personal account;
- Due to some mistake, on the contrary, extra 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 communication 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:
- Make a written notice;
It must necessarily be certified by a notary and the applicant.
- Send it to the organization to which the money was transferred by mistake;
The 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 check all monetary transactions made on its own accounts to identify the alleged error. To do this, the documentation of income, expenses and balance is thoroughly studied.
Drafting a document
After it is clarified where exactly the funds were sent, a request for their return should be made. This will require:
- Prepare a list of necessary documentation confirming the payment made. For individuals, receipts or checks can become such documents, for legal entities - payment orders;
- Compose a letter. An individual draws up it, guided by a sample filling standard form a document downloaded on the Internet, and legal institutions on a special letterhead with all the necessary details;
As in all similar documents, it contains the following information: the details of the instance of the person (head, head of department or other higher official) to whom the letter is sent, as well as the details of the applicant. Then comes the part in which the request is written to return the erroneously transferred money (indicating the exact amount), as well as the grounds on which this requirement must be satisfied.
The letter also contains a list of documents attached to the main document. At the very end, the date of preparation of the document is affixed, as well as the personal signature of the applicant.
Unfortunately, the existing legislative norms do not establish the exact terms provided for the return of erroneously transferred funds. Therefore, the terms will depend on the instance to which they were transferred. So:
- if the funds were mistakenly credited to some bank card or account, then they can be returned, if detected in a timely manner, within five business days;
- if the funds are transferred to some private entrepreneur or legal entity, return period set by them on their own(within reasonable limits).
If the return process is delayed for a long period of time, subsequently the applicant has the right to demand payment of a penalty fee for each day of delay.
Experience as a lawyer since 2003. Graduated from the Moscow State Open University with honors. Specialization - protection of consumer rights.
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How to write a letter for the return of erroneously transferred funds?
A letter for a refund is a formal request in writing for the return of overpaid money as part of a previously completed transaction or due to a technical malfunction.
This request-demand essentially refers to official documents to which a response must be sent. And despite the fact that the application can be drawn up in any form, it still should not contradict the legislation of the Russian Federation.
Where can the money be erroneously transferred?
There are several instances where funds can be erroneously transferred:
- Bank.
- Any of the payment systems.
- Remote payment terminal.
- Internet operator.
- Counterparty.
- Tax, FIU 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 erroneously 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.
- With the help of courier services.
- By email notification.
Whatever method of transmission of the letter is chosen, Recipient's signature required that he was 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 the 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.
In case of a negative answer, the reason for non-return is indicated. The demand is signed and sent to the address of the “injured 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 good document?
After finding out to whose details the money was sent, it is necessary to correctly draw up a notice of their return. For 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 your own letter. 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 business letters, 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 notice. A legal entity puts the seal and signatures of the head and accountant.
Return periods
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 person, the law establishes reasonable deadlines for the return. In practice, this is usually 7 business days since the letter was written. If the process is delayed, the authorities have the right to impose on the defendant the payment of interest for each overdue day.
Of course, the money back system itself is not so complicated if you catch yourself in time and start acting. But it is better to be careful and check the details and contact details of the person to whom the transfer is being made several times.
Sample letter for refund of erroneously transferred funds
Home » Documents » Letters » Sample letter on the return of erroneously transferred funds
sample letter
Money transferred by mistake can be returned. The main thing is to report the erroneous transfer to the bank as soon as possible. If you wrote an application as soon as possible, then the banking organization will still be able to cancel the transaction, return the money to your account and resend it using the corrected details.
For a refund, an application is drawn up in which you need to specify:
- in the header: full name of the general director of the bank, 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 attention of the bank 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 the application and the 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. Learn more here.
Reasons for compiling
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 more than the declared amount was debited from the account;
- due to someone else's mistake, extra funds that do not belong to its owner were credited to your account.
Reference! Despite the fact that the application form is not fixed at the legislative level, when compiling it, it is still worth adhering 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 maintenance of 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 I know to whom to write a claim for a refund? 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 the current account:
A 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 refund letter
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, then you can appeal it to a higher authority.
For example, the decision of a particular 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) that refused to return the money.
Return periods
In Russian legal acts There are no specific deadlines for returning erroneous payments.
This period of time depends on the following factors:
- 5 business days are enough to return money from a bank account or debit card (but this period is derived from practice examples, and not from the norm of the law);
- if the money was transferred to a citizen or organization, then the return transfer may take up to 7 business days from the date the letter is received by the addressee. If this period is extended, you have the right to demand interest for the illegal use of your money.
How to return the overpayment of taxes when closing an IP, read here.
Of course, you can return the money, and it is not so difficult to do this. But still, it’s better to check the details several times before sending than to run around the authorities and return your money.
Watch the video. What should I 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 they will be delivered without any special delays, on time and in full. And that is why if the goods did not arrive completely, but they forgot about the service, compensation should be demanded.
In order to get money back for a product or service peacefully, a special document is used, which is called the “Letter of Refund. This document serves to peacefully resolve all possible conflicts over payment and clearly regulates the entire procedure. Our article will tell you how it is compiled.
What is this letter for?
A letter on the return of funds for a product or service is drawn up in the most different occasions. Basically it is needed if:
- The service was not provided at all;
- The goods have not been placed at the disposal of the buyer;
- The service was not provided in full;
- The buyer refused the goods;
- The buyer received the goods not in full;
- The contract of purchase - sale or provision was terminated after the preliminary payment was made.
That is, the need to write a letter arises in cases where funds have already been transferred to the seller as a payment or advance payment for a product or service, but the product or service itself has not been provided in full in accordance with the terms of the contract.
This letter has several purposes:
- 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 indicate the basis for the money transfer in the reporting;
- It is necessary in order to fix and save all the parameters of the transaction.
The refund letter is a very important document and it should be written even when problems with back translation are not expected.
How to compose and submit. Sample
Drafting a letter on the return of funds for an undelivered product or an unproven service is quite problematic, since you will need to correctly describe your reasons for making such claims. 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 directed;
- Who is it directed from?
- Information part. Contains:
- All purchased goods or services, their description and the date of registration of the application;
- Information about why the buyer is turning away from them;
- A detailed description of why the product or service is no longer relevant;
- Request for return from detailed description the required amount.
- Conclusion. Contains a list of papers 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 it. If you use a letter, then use a registered letter, indicating the date of sending and receiving.
How is the return
Refunds - the procedure is not so complicated, especially for the buyer. If you have filed a letter requesting a refund, then money must be transferred to you within 10 days from the date of approval. At the same time, these 10 days are strictly fixed by law, and violation of these terms, according to the law "On 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 return of funds may vary - from 1 to 3% of the total amount of the return and without restrictions if the penalty is charged under the contract.
Refunds are always made in the same way that the seller received the money. Thus, if the payment was made in cash, then the money will be returned to the one who made it, and if they were transferred by bank transfer, they will be returned to the account or card of the sending bank. At the same time, there are two exceptions to this rule: if the return is forced or if trading was carried out through counterparties and the agreement itself provides for other conditions for the return.
Separately, it is worth noting the transfer of funds through the bank. If the refund goes to the account or card, then certain delays may occur, which may increase the maximum period for the return of 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 the court. Sometimes you can apply to 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 a refund did not bring any result. This is due to the fact that Rospotrebnadzor is responsible for protecting consumer rights, and an unfair or unreasonable refusal to return these very rights violates. According to 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. Working with the court is much more difficult, but often it becomes the last service through which you can return the money. To start the meetings, you will need to draw up and submit a statement of claim, which will be considered for up to 5 days. After that, 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 an order that will allow you to receive your money.
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