Disagreement status. Asv statement of disagreement
Good afternoon. I carefully read your article, but did not find the answer to my question in it.
I am a client of the Moscow branch of Talmenka-Bank, whose license was revoked at the beginning of the year. I applied to the DIA, wrote a statement of disagreement with the agent bank, attached to it photocopies of the deposit agreement and cash receipt.
But the answer surprised me a lot. I simply didn’t appear in the register of contributors! How is this possible? How to protect yourself from such situations in the future? I have a deposit in Tinkoff Bank, maybe there I’m not in the register?
And what should I do now? Looking for other failed contributors? Go to court?
The DIA's letter does not shed light on the situation:
Hope you can help.
Michael, we sympathize with your situation.
Ekaterina Morozova
lawyer at Tinkoff Bank
If a bank client does not agree with the amount of compensation for deposits, the procedure for his actions is spelled out in paragraphs. 7-10 st. 12 of the Law on Insurance of Individual Deposits.
The situation when information about the client's deposit is absent in the bank's register is not regulated by law. But in this case it makes sense to act by analogy. Disagreement with the amount of compensation is the same as disagreement with the absence of you as a depositor in the bank's register and with the fact that you are entitled to compensation in the amount of 0 rubles.
The only way to get a refund on a deposit- make changes to the register of contributors. To do this, the victim or his representative must send an application to the DIA for inclusion in the register of depositors. All documents you have must be attached to the application, which confirm that you had a deposit in this bank. This includes account statements, statements from the bank, SMS from the bank, and so on.
I advise you to send copies of documents certified by a notary to the DIA. Save the originals for trial.
The DIA is obliged to send your application to the bank that has lost its license. The bank, in turn, is obliged to consider your application within 10 days and, if it is justified, to correct its register.
1,4
million rubles - the maximum amount of the deposit that the DIA will reimburse
Court. Since you have already received a refusal from the DIA, I advise you to go to court and file a claim against the DIA and the bank (represented by the temporary administration) to establish the composition and amount of the relevant claims, as well as the compensation to be paid for deposits. In this case, the DIA and the bank will act as co-defendants, that is, in the statement of claim you ask the bank to include you in the register, and the DIA - to pay insurance. Attach to this statement of claim the originals of all documents that confirm the presence of a deposit in the bank, as well as the refusal to refund that the DIA sent you.
For more information on how to file a claim, read the articles of Tinkoff magazine:
Timing. In accordance with Art. 7 of the Law on Insurance of Individuals' Deposits, you have the right to apply to the DIA starting from the day of the occurrence of the insured event until the day of completion of the bankruptcy proceedings. If the Bank of Russia introduces a moratorium on the satisfaction of creditors' claims - then until the day the moratorium expires. If you missed this deadline, you can try to restore it on the grounds provided for in the law (clause 2, article 10 of the law on insurance of deposits of individuals). The term for going to court is 3 years from the date of the insured event.
Deposits in other banks. Until the license is revoked, banks do not keep a register of depositors. Banks form various registers to work with depositors and do portfolio analysis, but these registers are not intended to be transferred to the DIA in case of license revocation. The register for the DIA is formed only after the occurrence of the insured event.
Therefore, you will not be able to check whether you are present in the register for the DIA in any other operating bank, despite the presence of deposits.
In order to protect yourself from such situations in the future, I advise you to keep all bank documents until the end of the term of the deposit. Do not throw away account statements, do not erase the SMS from the bank on your phone - all this can be useful to you. Such documents play a key role in considering the inclusion of a contributor in the register.
If you have a question about personal finances, expensive purchases or family budget, write: [email protected] We will answer the most interesting questions in the magazine.
"DIA status of a statement of disagreement" - such a query in a search engine may greatly surprise uninterested people, but there is nothing special about it.
The DIA is the Deposit Insurance Agency that provides payments to citizens affected by the bankruptcy of a bank.
Statement of Disagreement with the DIA
At the beginning of this century, the state corporation DIA was created in Russia, the task of which was to insure the finances of citizens-clients of banks.
The procedure was mandatory for all banks, without exception, and applied to money in open accounts, debit cards and citizens' deposits.
The exceptions are:
- Accounts of lawyers (notaries and lawyers) opened for their activities.
- Bearer deposits.
- Money held in trust by banks.
- Deposits in branches of Russian banks located in other countries.
- Electronic money and transfers for which no accounts have been opened.
- Precious metal deposits.
If a bank's license is revoked, then all the money invested is returned to its clients in full, but in the amount of no more than 1.4 million rubles.
If the bank is declared bankrupt, depositors who have lost more than 1.4 million rubles will receive the balance after all liquidation procedures have been completed. To receive money, a citizen must submit an application and a passport to the DIA or an agent bank. This must be done during the entire liquidation period.
Note: You can receive both cash and transfer it to the account of another bank.
Usually, the DIA determines the amount to be paid on its own, based on the data of the bankrupt bank, but it happens that the amount is determined incorrectly. For example, if a client opened both a debit and a credit card at the bank, but when calculating the amount to be paid, the last payments on the loan were "lost". In this case, you must write a statement of disagreement with the amount of payments.
Also, a similar situation may arise due to the difference in the foreign exchange rate on the day of the license revocation and the day of closing.
For example, upon liquidation of VPB-Bank on the day of revocation of the license, the dollar exchange rate was 60 rubles, on the day of payment of the deposit - 58 rubles. When returning a deposit of 100 thousand dollars, the client will lose 200 thousand rubles.
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The procedure for submitting an application will be as follows:
- First of all, it is necessary to receive a primary insurance payment, the maximum amount of which is 1.4 million rubles. Upon receipt, the DIA issues an account statement with a mark on the payment of part of the funds.
- Fill out a statement of disagreement and submit it to the agent bank. This can be done in person or by registered mail.
- DIA submits the application for consideration to the bank within 10 calendar days. Consideration takes the same period. If the bank has made a decision in favor of the client, then the correct information is transmitted to the DIA within 10 days. The DIA will correct the register within 5 days, notify the client and reimburse the correct amount. If the bank refused to satisfy, the client has the right to sue.
How to find out the status of the application
The easiest way to find out at what stage the application is through the agency's official website https://www.asv.org.ru.
This requires:
- Go to the "Deposit insurance" tab - "Find out the status of the application".
- Enter the necessary data: the name of the bank (to be selected from the list), full name, series and number of the passport.
Take into account: it is important not to forget to click the checkbox opposite the item "I agree with the processing of personal data."
After the search, the system will write at what stage the application is. If the system did not find the application at all, it is worth carefully checking the entered data - perhaps an error has crept in somewhere.
DIA or the Deposit Insurance Agency allows bank customers not to worry about their own deposits. In case of bankruptcy of the bank, individuals will be returned all their deposits in full. If the amount payable is less than it should be, the client must file a statement of disagreement and demand to reconsider the amount.
Watch a video explaining how the Deposit Insurance Agency works:
It is usually not difficult to get a refund on a deposit in a bankrupt bank: you wait for the DIA to announce the start of payments, come to the designated agent bank with a passport, fill out an application on the spot and receive insurance in the amount of up to 1.4 million rubles in cash or to an account. But sometimes the DIA determines the amount incorrectly. To resolve this situation, there is a procedure filing a statement of disagreement with the amount of insurance compensation... Let's figure it out in order.
When should you file a statement of disagreement?
In any cases when you believe that the DIA has incorrectly determined the amount of insurance payment on your deposit. For example, if you have, and when calculating the payment, your last loan payments were not taken into account. Or DIA was calculating insurance at the wrong rate (here the example of Vneshprombank is indicative, for which a moratorium on meeting obligations was first introduced, and then the license was revoked, and the Central Bank officially announced the payment of compensation at the rate on the date of the moratorium - the difference is significant).
note: if the size of your deposit is more than 1.4 million, and the DIA has paid you the maximum insurance of 1.4 million rubles, all other claims regarding the determination of the size of the bank's obligations need to be resolved, and not a statement of disagreement.
Procedure for filing a statement of disagreement with the amount of insurance on the deposit
1) Contact the agent bank for obtaining the uncontested DIA part of the insurance.
Some depositors believe that if you withdraw this amount, then nothing can be disputed. This is not true. Upon receipt of payment, you are given an extract from the register of the bank's liabilities and a certificate of the amounts paid and deposits. That is, the bank simply tells you what the balance of your deposit is according to its data and confirms how much it paid you. You do not sign any statement that you have no claims for payment. And, of course, this is your opportunity to get your hands on at least part of your money quickly enough and without any courts.
2) Fill out and submit a statement of disagreement with the amount of insurance on the deposit.
The application is free of charge. The timing of the application is essentially unlimited, but it is better to hurry up. There are 2 ways to submit an application - to hand over this application against signature to the employees of the agent bank for subsequent transfer to the DIA, or send it yourself by registered mail to the DIA (you can also send it in a valuable letter with a list of attachments, be sure to keep the postal receipt and the inventory with the postmark). The filing of a statement of disagreement in electronic form, unfortunately, has not yet been provided.
3) DIA submits a statement of disagreement to the bank for consideration.
Term - 10 calendar days from the date of receipt. You can track the status of the application on the DIA website. If the bank recognizes your arguments as reasonable, it makes changes to the register of obligations and informs the DIA about it. After the registry is updated, the DIA will pay you a refund. If after that the issue has not been resolved in your favor, you can determine the composition and amount of claims and the compensation to be paid for deposits.
How do I fill out a statement of disagreement?
- On the title page indicate the full name of the bank, the current applicant's passport data (full name, date of birth, passport details, address and contact phone number). If the passport has changed, write here the details of the new passport. The applicant can be the investor himself, the heir, the representative by proxy.
- In the list of additional documents the following may be indicated: a copy of a passport, a copy of a notarized power of attorney to apply for payment, a notarized copy of a certificate of the right to inheritance, a notarized copy of a certificate of certification of the powers of the executor of the will, payments for making regular payments on a loan or for replenishing a deposit / account that the DIA did not take into account when calculating the amount of compensation, additional explanations on the merits of the situation or a detailed calculation of the amount of compensation (they can be stated on separate sheets and attached to the statement of disagreement), etc. depending on the situation.
- In the table "List of obligations of the bank to the depositor" indicate separately for each deposit / bank account agreement how much the bank owes you according to your data... Amounts are indicated in the currency of the obligation, those. if the deposit was in foreign currency, it is not necessary to recalculate it in rubles in this table.
- In the table "List of obligations of the depositor to the bank" your debts to the bank are indicated, for example, under a loan agreement. Yet again according to your data and in the currency of obligation(if the loan was in foreign currency, here it does not need to be converted into rubles).
- On the line Refund Amount it will be necessary, on the basis of two tables, to calculate the total amount that the DIA owes you in rubles, that is, all the data from the tables will need to be converted into rubles at the exchange rate of the Central Bank on the date of the insured event.
- Section Additional Information fill out in case of changing the passport (if the bank has only old data), applying for insurance payment of the heir, executor of the will or another person (bankrupt bankruptcy trustee, proxy, etc.).
- when changing your passport - indicate the details of your old passport;
- when applying for the heir, executor of the will - indicate the data of the depositor-testator;
- when contacting a representative by power of attorney - indicate the details of the depositor.
How to calculate the amount of compensation?
Let's take the data from our completed sample. Suppose that the DIA decided to pay the depositor of Vneshprombank Dostoevsky F.M. 715374.29 rubles at the rate of 12/22/2015 - the date of the announcement of the moratorium. Contributor Dostoevsky F.M. believes that he should be paid insurance at the rate of 21.01.2016 - the date of revocation of the license. The question of the correctness of one or another course for payments to Vneshprombank depositors will not be discussed in this article, this is a separate big topic.
Situations when the depositor is not satisfied with the amount of insurance compensation by the bank happen often. In this case, it is useful to have an idea of how to find out about the disagreement in the DIA. Since the number of applications that are submitted daily is about 1000, the waiting period for a decision is sometimes delayed up to 1.5 months. But it is impossible to accurately answer the question of how long this will last, since it is not known how many applications of this kind will be submitted in the future.
If the depositor has claims regarding the amount of insurance compensation, he needs to apply to the Deposit Insurance Agency (DIA) with a specific application form. In addition to the application itself, you need a small package of documents:
- Contract.
- Receipt order.
- Account statements.
That is, any document that could confirm the requirements of the depositor.
Note! The form of the statement of disagreement itself can be found on the DIA website in the "Forms" section.
The package of documents should be handed over to the representative of the agent bank that pays the funds. Another option is to send it via the Russian Post to the Agency's address.
- Within 10 days from the date of receipt of the documents, the DIA submits them for consideration to the bank.
- The financial institution has another 10 days to make adjustments to the bank's liabilities register.
- After that, the bank itself has 10 days to inform the DIA about the results of the consideration.
- The DIA has another 5 days to report the results to the contributor.
The bank's decision can be as follows:
- Accept the claims and pay the reimbursement amount.
- Refuse to refund. In this case, the depositor has the right to file a claim in court.
Find out the status
You can find out at what stage of consideration of the application on the DIA website in the section "". In the corresponding lines, you need to enter the following data:
- Bank.
- Last name.
- Patronymic is an optional requisite.
- Series and passport number.
- Captcha - it is necessary to confirm that it is not a robot that is working with the system.
- Be sure to tick the box on consent to the processing of personal data via the Internet.
Important! It is worth noting that when sending information through this form through unprotected channels, which can lead to the seizure of them by third parties.
Output
It is not difficult to find out the status of your application. You just need to have all the necessary details and access to the Internet.
01/30/2018 \ Financial sector news
By orders of the Bank of Russia dated December 13, 2017, the banking license of the credit institution KB Kansky LLC was revoked and a temporary administration was appointed to manage the credit institution.
The State Corporation "Deposit Insurance Agency" has been making payments of insurance compensation to the bank's depositors since December 26, 2017 through PJSC Sberbank (agent bank). During this time, insurance compensation in the amount of 1.63 billion rubles. paid to 3.2 thousand depositors, which amounted to 90.1% of the Agency's insurance liability.
At the same time, during the formation of the register of the bank's obligations to depositors, the temporary administration, which includes the Agency's employees, revealed the facts of unauthorized write-off of funds (in whole or in part) from the accounts (deposits) of individuals, as well as operations for accepting funds without crediting to accounts (deposits) of the entire deposit amount or part thereof. Incoming and outgoing cash documents were found that did not have the depositor's signature, and other gross violations of the procedure for accounting for operations with deposits were revealed.
In addition, the bank's management, in violation of the requirements of the legislation, did not transfer to the temporary administration in full the primary bank documents and the electronic database on the bank's operations.
On January 5, 2018, the temporary administration found a file with a spreadsheet on the computer of one of the bank's employees containing unsystematic information about about 800 depositors and the amounts of funds that were supposedly debited from depositors' accounts without their orders, or not credited to their accounts. There is no information about these operations in the accounting system (balance sheet) of the bank.
This table, taking into account the explanations of the bank employees about the origin of the information contained in it and the reasons for their absence in the balance sheet, will be used when considering the applications received from the depositors about the disagreement with the amount of insurance compensation on deposits (accounts) in conjunction with the documents they submit confirming the amount of the deposit , and documents found in the bank. The amount of obligations to depositors will be established on the basis of documents submitted by them confirming the size of the deposit (account), as well as information and documents found in the bank. If necessary, the Agency will carry out special studies, examination of documents, interviews of depositors.
Currently, the interim administration and the Agency appointed by the Bank of Russia are taking measures to restore information on the bank's real liabilities to depositors in the bank's accounting records, the result of which will be the introduction of appropriate changes in the register of the bank's obligations to depositors.
The Agency intends to implement, out of court as soon as possible, measures to restore the principal amount of deposits in the accounting, after which it will begin to restore the rights to interest on deposits.
At the same time, depositors who will receive insurance compensation for the principal amount of the deposit do not need to send additional applications and documents to the Agency to receive interest compensation.
Investors will be notified of the possibility of receiving insurance compensation, both for the principal amount of the deposit and for interest, by sending SMS notifications.
In the event that the documents previously attached by the depositor to the statement of disagreement are not enough to establish the amount of the bank's obligations, the Agency will send a corresponding message to the depositor.
The Agency understands the situation in which the depositors find themselves as a result of illegal actions of the former management and owners of the Bank, and will make every effort to minimize the negative consequences and restore information about depositors in the register. The agency expects to complete the bulk of this work within 2 months.
Investors can obtain additional information on the procedure for paying insurance compensation on the official website of the Agency in the section "Deposit Insurance / Insured Events / KB" Kansky "LLC" and by calling the Agency's hotline (8-800-200-08-05) (calls within Russia free).
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