Without acceptance, what is it? Withdrawals without the account holder's order

Arrears are one of the main reasons that money will be written off from the client's account without his authorization. This is a common practice, the legitimacy of which is still being actively discussed. In some cases, such actions may be envisaged by the agreement in advance or become a consequence of the bank's execution of the court's decision. Practice is quite rare. Nevertheless, many situations can be solved only in this way, which makes the write-off instrument the only possible way out of this situation.

Without acceptance, what is it?

In fact, such actions represent the transfer of money from the account of a bank customer in favor of the same bank or any other organization, an individual, state bodies and so on. The reason, as already mentioned above, is most often the right provided for in the contract, but sometimes you will also have to seek the court's decision. In any case, all this happens without consent, and sometimes without the knowledge of the account holder, which is already fraud, if there are no good enough reasons.

Causes

The reasons are often quite commonplace. They may be overdue loans for the bank, unpaid child support, fines, taxes and so on. Naturally, people are different, some simply do not want or can not pay such compulsory payments. For the sake of justice, it should be noted that the banks, the court and other interested parties try first of all to agree in a good way. And only later, when it becomes clearly clear that the debtor does not make compromises and refuses to negotiate, more stringent measures follow.

Write-off under the contract

Usually, in the agreement for opening a current or card account, the right to a direct debit is provided in advance. What could this mean? The fact that the bank at any time can independently, without the additional permission of the account holder, withdraw money and send them in the right direction. Such a system may even be beneficial, because not everyone has the ability to make payments on time, and such a solution will allow a person to allow the bank to perform the necessary actions on his behalf at the right time. However, as a rule, such a direct debit, the application for which the client wrote in advance, is performed in particularly unpleasant situations described above. It should be noted that usually the bank does not simply provide such a right, but also stipulates the situations under which the said clause of the contract may enter into force. For example, only after increasing the debt over the agreed amount. Or after 5 days have passed since the moment when it was necessary to make a payment. And so on. There can be a huge number of options, and they all depend on the bank, as well as on the client, the loan and many other indicators.

Write-off by court order

This is a more serious decision, in which the direct debit is made. What it is, has already been told above, but if in brief, after the state authorities have been definitely punished, a document comes into force, according to which the bank has the right and even the duty to write off the customer's account and send them according to the decision Requisites. This happens when non-payment of alimony for a long period, violations of laws, the punishment for which is expressed in monetary terms, and so on. In fact, in such a situation, a person will be to blame himself, because, without agreeing to voluntarily fulfill certain requirements or obligations, he will have to pay for it out of his own pocket. If he had agreed, he would have lost money anyway, but it would have been at least a measured and well thought-out decision, the background of which would not necessarily have been brought to court.

Other types of write-offs

In principle, two main variants of events are given above, under which the banking organization has the opportunity to touch the customer's account without permission. All other options will most often be fraud in one way or another. If there is no reason to touch the account, but it is still done, then there is a serious violation, which threatens with criminal liability along with theft or robbery. Bank employees need to be very careful when such events occur. It is recommended that you check the legitimacy of actions and the correctness of documents several times before starting an indisputable write-off. If there are any inaccuracies or incomprehensible moments, you should immediately notify the management and the security service. Otherwise, it can be very bad. Some structures specially conduct similar checks to determine whether the employees of the bank are attentive or responsible.

How to write off

The entire order of non-acceptance cancellation can be divided into several main stages.

1. The first stage is the origin of the cause. For example, it can be arisen debts, which the client refuses to repay, or a prolonged non-payment of alimony, fines and such like moments.
2. The next stage is legitimacy. There are already possible options, ranging from the availability of such an opportunity provided by the agreement, or a separate court decision.
3. After having dealt with this, the authorization of the head of the banking organization is required, in which the debtor opened an account on which there is money. This permission is made in writing and sent to the head of the relevant structural unit.
4. He, in turn, determines the employee, who will actually carry out the decision (leadership or court). Banking implies exactly this system of subordination.
5. A bank employee performs all the required actions, strictly following what is written in the title deed.

In fact, if everything is done correctly, then the responsibility will be exclusively on the debtor. If mistakes are made, then the person who committed them will already be responsible. For example, the management of the bank, if it decided to write off without appropriate reasons, the head of the department who gave the instruction himself, without agreement with the superiors or even the employee, if he performed the operation without documents, incorrectly or at all voluntarily.

Right to write-off directly

Disputes about whether such actions comply with the constitution, still do not subside. On the one hand, it seems as if there are separate agreements or a judicial decision. On the other hand, all this can be classified as fraud and gross violation if desired. This is the main problem that the bank faces when it is necessary to perform a direct debit. What could this mean? Here everything is quite simple and understandable. If a person whose account for missing reasons has lost money, will be able to prove that it was really illegal, the bank will be forced to return these funds. In some cases, you will also have to pay a fine, which is unlikely to please anyone. Financial organizations often go to the brink of legality. Suffice it to recall the services of the same collectors, which seem to function as officially, but the methods they use are often far from legitimate.

The result

In general, writing off funds from a client's account without his permission is a very dangerous process, which must be carried out strictly in accordance with laws, regulations, agreements and so on. Any errors or violations at this point are simply unacceptable, since they can have extremely unfavorable and long-term consequences. Banking in this regard is extremely negative about the very need to perform write-offs. If there is another way to solve the problem, the financial institution will prefer it, even if it is less profitable and more time-consuming.