Return letter ds from the supplier. Sample letter for refund of erroneously transferred funds. Sample letter for refund of erroneously transferred funds

Collection procedure Money from the account of a citizen who was accidentally gifted with money, implies an appeal to various authorities and bodies. First of all, the Russian must contact the bank, then the police, if deceit and fraud were noticed; and finally, for the confiscation of funds, it is necessary to file a claim with the court.

Let's consider how appeals are drawn up, and what is their textual content.

Sample statement of claim to the court for the recovery of the amount of unjust enrichment arising from the erroneous transfer of funds

You can write a lawsuit in court yourself, using a ready-made form.

A ready-made form of a statement of claim to the court for the recovery of the amount of unjust enrichment arising from the erroneous transfer of funds, can be free

After downloading and printing the application form, enter it correctly in the document necessary information concerning the issue of recovery of erroneously transferred money.

Application form to the bank and the police for a refund or fraud

An appeal to a banking organization, as well as to the police, can also be written by yourself.

To do this, you can use standard forms and examples - and write your own version:

A ready-made claim form to the bank for unjust enrichment, fraud with misappropriation of erroneously transferred money , can be free

Sample 1:

Sample 2:

Write a statement so that it is clear what you are writing about.

Rules for writing applications - how to issue, and what should be in the content?

Many people have questions about paperwork.

In order for your applications to be accepted immediately, and not asked to be forwarded, follow these rules:

1. An application to the bank and the police can be written in any form.
2. The claim is drawn up in accordance with the requirements described in Article 131-134 of the Code of Civil Procedure of the Russian Federation.
3. The application must be submitted on an A4 sheet.
4. Any document should have three parts: introductory, main, final.
5. The "header" must contain the full name of the organization to which you are sending the application. The details of the applicant must also be included. And in the case of writing a lawsuit, it should also include information about the defendant to whom the funds were erroneously transferred, and the data of third parties involved in the case (this may be law enforcement agencies, bank employees, etc.).
6. "Hat" is drawn up on the right side, at the top of the sheet.
7. The title of the document follows. If you contact the bank or the police, then simply write down the "Statement". If you are sending an appeal to the court, then write the full name: “A statement of claim for the recovery of the amount of unjust enrichment arising from the erroneous transfer of funds.”
8. Then the main part begins. In it, you must indicate the essence of your appeal, describe briefly and clearly all the circumstances of what happened, and also set requirements. To different authorities will different requirements. For example, through the court you can recover the transferred funds, as well as ask the defendant to pay you compensation for moral damage, for example, if he caused irreparable harm by his refusal.
9. When reporting a transfer error to the bank, you should rely on a receipt-check indicating the payment was made. Indicate in the application the exact time, as well as all payment details.
10. Rely on legal and regulatory acts when setting requirements.
11. In applications, list the requirements in a list, after the word “Please”.
12. At the end of the document, a list of documents that you submit along with the application is formed, and then the date of submission of the paper is put and personal signature the applicant.

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.

After all internal checks, the defendant must send a response notification within the established calendar period, indicating whether a refund will be issued or not.

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.

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, this is, 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 in all official letters, this requirement must contain 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 translation, private or legal entity the law establishes reasonable time limits for returns. 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.

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. Bank details must also be attached to the letter to return the erroneous payment.

Return of erroneously received funds

An organization or an 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 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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Questions for a lawyer

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:

In connection with 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 of the Civil Code of the Russian Federation, you have every right to demand your funds back, since you do not have any 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.

AT pre-trial procedure claiming funds is possible if you are confident in 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 lawsuit with the court. In such cases, especially when it comes to 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 expenses You can also ask for 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 it up, guided by a sample of filling out a standard form of a document downloaded on the Internet, and legal entities on a special letterhead of an institution with all the necessary details;

As in all similar documents, it contains the following information: details of the instance of the person (head, head of department or other higher official) addressed to whom the letter is sent, as well as 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, the 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 in all official letters, this requirement must contain 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

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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 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 founding 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

There are no specific deadlines in Russian regulations for the return of 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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Situations when it is necessary to return money erroneously or excessively transferred to the account of the counterparty are not uncommon in financial practice. This situation is not pleasant, but not hopeless either - you can resolve it by sending a letter about the return of funds to the servicing bank.

In this review, you will find information on how to correctly issue a letter for a refund (we will provide a sample for each of the possible situations), recommendations on the features of the formation of a letter in relation to each case, as well as explanations on how to write a letter of claim about return of funds (sample with footnotes on legislative framework), which is used in cases where the counterparty, to whose settlement account the funds were received, is in no hurry to return them.

When it may be necessary to request a refund

The need to apply to a bank or counterparty with a request for the return of funds transferred by you may arise in a number of cases. For example, in connection with:

an overpaid amount;

erroneous sending of a payment to the counterparty that received it;

incorrect indication of payment details (inaccuracy in the writing of the current account, or details of the bank serving the payer's counterparty).

In each of these cases, in order to return the transferred funds, the payer must send a letter to the recipient, indicating the essence of the appeal and confirming the reason for the request.

Letter for a refund: a sample and form of a document in specific situations

In the nomenclature grid of internal documents, a letter of return of funds is a petition, the essence of which is the request of the payer to return to the sender the money transferred excessively or erroneously.

There is no standard form of such a letter approved by law. However, in business financial correspondence, samples are used, the content and form of which have developed taking into account many years of practice. In addition, forms recommended by specific banks, of which the payer is a client, can be used.

How to write a letter for a refund? The principle of formation of the information contained in the letter and their sequence is identical to the requirements for the formation of business documents:

a letter to the bank about the return of funds is drawn up on letterhead the payer, if there is none, the standard registration data and bank details of the applicant are indicated at the top of the sheet;

• Full name and position of the head of the counterparty company,

  the name of the organization headed by him;

  document title

  The gist of the petition is as follows:

  information about the payment made - when, on the basis of what (for example, an agreement, demand, payment order or other documents) and in what amount the funds were transferred,

  the reasons that are the basis for the return,

  amount to be refunded

  the period within which the refund must be made;

  information in the signer and the date the document was generated.

Pay attention! If a letter of claim is sent to the counterparty for a refund (as a rule, a claim is sent if the recipient did not respond to the initial appeal), it includes additional item– information about the consideration of the claim through the court, the submission of requirements for the accrual of penalties for the illegal use of finances, liability in accordance with applicable law.

Letter on the return of transferred funds: sample by options and nuances of formation

The principle of writing the informational part of the application for a refund has a general concept, but its content differs depending on the reason for submitting the application. Consider three options and nuances of writing letters.

First letter: return of erroneously transferred funds

This application option is relevant for cases where the payer sent funds to the settlement account of the counterparty to whom they were not intended. For example, for the return of erroneously transferred funds, a letter, the sample of which we are considering in this part, must be submitted if:

the sender of the payment made an error during the automatic selection of the recipient in electronic form payment order;

the payment was sent to the counterparty with whom the cooperation was completed;

The bank made a transfer of money using erroneous details.

and in other similar cases.

In the first and second cited cases, the refund claim is made in the name of the payee. In the third case, the claim is addressed to the bank, which in the above situation actually violated the rules for the bank to carry out payment transactions and is liable in accordance with Art. 866 of the Civil Code of the Russian Federation.

Second letter: return of overpaid funds

This version of the letter is relevant in cases where the sender of the payment incorrectly indicated, and in particular, unlawfully overestimated the amount of transferred funds, having made a calculation error or a mechanical error.

We give an example of how a letter should be written for the return of overly transferred funds, a sample of which contains an indication of the type of error, and additional documents - reconciliation act, confirming the overpayment.

Third letter: for a refund from the supplier

A letter on the return of funds for the goods is no longer so much a statement on the return of money, but a full-fledged financial and legal claim, which must be drawn up accordingly.

a footnote to the provisions of the Contract for the supply of goods,

indication of non-receipt or inadequate quality of goods;

non-fulfillment of obligations by the supplier in terms of compliance with the terms of delivery.

This type of claim for a refund implies the mandatory availability and provision of supporting documents to the bank - a supply agreement and a reconciliation report.

About additions to the application for a refund

Although the main document when applying for a refund is a Letter, it is not always recognized as a self-sufficient document.

In a number of cases (when returning funds for goods, excessively transferred money), the bank may and has the right to request additional documents such as:

contract or supply agreement;

Act of reconciliation;

a copy of the invoice;

bank statement on debiting funds from the payer's account;

and so on. settlement and payment documents.

Liability under the law for non-return of payment

The protection of the payer's funds, erroneously or excessively transferred to the counterparty, is provided by the state with the provisions Civil Code RF.

Thus, the norms of the law establish for persons who unlawfully withhold and do not return funds within the prescribed period, which is recognized by law as unjust enrichment:

personal responsibility and obligation of financial compensation (Article 1102 and Article 1109 of the Civil Code of the Russian Federation);

the amount of interest that the payee is obliged to pay, who unlawfully withholds and does not return the funds within the prescribed period (clause 4, article 487, and article 395 of the Civil Code of the Russian Federation).

A letter of over-transferred funds is a document that is necessary for the return of illegally made payments to a third party. In some cases, the accountant may make mistakes in the implementation of calculations. As a result, the company may lose money, there is a shortage. One of the pre-trial ways to return overpaid amounts is to contact third parties with a letter of return.

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Legal regulation

When making settlements, the organization may overpay due to:

• negligence of employees filling out documents;
• inaccuracy of information of the accounting service on the amount of payment.

Transfer of excess funds can be carried out:

• an employee of the organization;
• counterparty;
• government agencies (treasury, tax service, in inspection, etc.).

The obligation of a person who unreasonably receives any property from another entity to return it is provided for in Article 1102 of the Civil Code of the Russian Federation. When the organization transfers excess funds, the person to whom such amounts of money are received receives an illegal material benefit.

Even if funds in excess of the norm are transferred by the organization on its own, the receipt of such a benefit by another entity is unreasonable and on the basis of Art. 309 of the Civil Code of the Russian Federation gives rise to an obligation to return overpaid amounts.

A unilateral refusal to fulfill obligations and a unilateral change in its conditions under the current legislation are not allowed, regardless of who receives these amounts of money. Therefore, if an error is identified, the affected company can resort to various methods to protect its interests. And to begin with, on behalf of the organization, the enriched subject must be sent a notice.

Document structure

A letter (notice or notification) about over-transferred funds is drawn up in an arbitrary form. The legislation of the Russian Federation does not define the structure of this document. However, in order for the unjustly enriched person to be provided with the most complete information, the text of the letter should indicate:

• company name of the company sending the letter;
• outgoing document number and date of its compilation;
• full name of the addressee (name of the enterprise, address, full name of the head);
• an appeal to the head (for example, “Dear Petr Petrovich!”);
• actual data (date, time of transfer of funds, number of payment order, amount, how much it exceeds the necessary payments);
• reasons for the overpayment (calculator's mistake, late submission of information to a specialist, etc.);
• a request to return the amounts paid in excess of the norm;
• the exact amount of the funds to be returned;
• bank details for which you need to make a refund;
• initials and position of the person signing the document.

The letter can indicate legislative acts that establish obligations to return unreasonably received amounts, as well as notify the counterparty of the negative consequences that will result from ignoring the request for a refund.

The return notice can be signed by:

• the head of the organization or his deputy (subject to confirmation of his authority);
• chief accountant;
• by any employee of the enterprise, provided that the signature is affixed with the official seal of the company.

To return funds, some organizations (banks, state settlement authorities) ask you to fill out an application using a special form. In this case, the organization itself issues a sample or form.

Documents confirming unjust enrichment can be attached to the letter of return of funds, namely:

1. money orders;
2. bank statements on the account;
3. acts of reconciliation of mutual settlements.

Compilation deadlines

The Civil Code of the Russian Federation does not contain a mention of the maximum terms for sending an appeal with a request for the return of unreasonably received sums of money. Based on the general statute of limitations, an application to an unjustly enriched person can be filed within three years from the moment the organization learned or should have known about the excessively made payments.

However, it is considered in good faith to notify the counterparty within a reasonable time after the discovery of an accounting error. AT civil law this period usually does not exceed 7-10 days.

To whom it is sent and how it is transmitted

A letter about over-transferred funds should be sent to the name of the head, even if it is signed by an accountant or other specialist of the affected organization. No one, except the head, can give an order to pay money to third parties. And it is better for the chief accountant not to take on such responsibility.

A person who has received unjust enrichment may not satisfy the request set out in the document. In this case, the organization sending the letter needs to take care of the evidence of receipt by the addressee of the request. Therefore, it is better to send a refund notification:

• through the office or reception of the head, subject to affixing on the second copy of the letter corporate stamp, dates and signatures of the employee who received the document;
• according to the act of acceptance and transfer, which will indicate the signature of the official who received the letter;
• a valuable letter with a list of additions, if the counterparty refuses to independently accept the notice.

If the funds are not returned voluntarily by the counterparty, the return of overpaid amounts must be made in court.

Mistakes

Among the possible errors encountered when drawing up a notice of overpaid amounts of money, it is worth highlighting:

• incorrect filling of bank details for a refund;
• the absence of the official seal of the organization (if the letter is not drawn up on letterhead and signed not by the head, but by another official);
• groundlessness of the claim (lack of data on the payment and the amount of the overpayment).

In the presence of such errors, the refusal to return the funds will be legitimate.

Shelf life

In accordance with the Order of the Ministry of Culture of Russia No. 558 dated August 25, 2010, business correspondence, including a letter about excessively transferred funds, between organizations must be kept for 5 years.