Letter to a foreign partner about the return of funds. Claim for a refund (sample)
In mutual settlements between the seller and the client, different situations arise. In what cases is a refund required, how to issue them, what types of product returns are there from buyers? These questions are further answered in our article.
The refund process for the reconciliation act
Overpayment is a sometimes occurring phenomenon in commercial work. There are several reasons for its occurrence:
- mistake due to inattention - in the details of the addressee, by amount;
- when the goods/materials have been returned after payment has been made against the original invoice.
In this case, it is necessary to contact the accounting department of the counterparty, reconcile the accounts, sign the reconciliation act and agree on the return of the amount.
How to return the wrongly transferred money?
The initial document for the possibility of reversing incorrectly transferred funds is a reconciliation act. Further, when the counterparty, having signed the act, confirms this amount, it is necessary to write him a letter with a request to return the money.
The letter is the basis for the return, without it, the accountant of another company does not have the right, at its discretion, to transfer funds to another account, even if there is a negative balance on reconciliation.
A letter for a refund from the supplier under the reconciliation act is written in free form on the official letterhead of the enterprise.
Is an act issued on the issuance of money when returning goods
Customers have the right to return the goods within 14 calendar days from the date of purchase. This right is already familiar to everyone, and has been successfully used for a long time.
Citizens-buyers know how to issue a return of a purchase and return the money.
Necessary:
- write an application and present it to the administrator;
- save and present a check with the application;
- return the goods.
In fact, the legislation provides for the exchange of goods for an analogue or substitute until an identical product goes on sale (for non-food products). But in practice, sellers simply make a return. This is a simple and quick way to close a question. In this case, according to the law, the money must be returned no later than three days.
What are the actions of the seller after the buyer provides the application and the check?
If you want to return the goods on the day of purchase, you must:
- Accept the application and check from the client;
- Prepare an incoming invoice. The sender is the buyer
Recipient - organization-seller; - Make a refund from the same checkout point through which the purchase went. The refund must be made before the cash desk closes and the Z-report is issued.
- At the end of the shift, it is necessary to issue an act on the return of funds to the buyer (KM-3);
- The refundable amount is displayed in the journal of the cashier-operator and the reference report. If there are several settlement points in the outlet, the senior cashier indicates the amount that was returned in the summary report for all cash points.
If the return does not occur on the day of purchase, its processing by the seller will be as follows:
- Accept an application, check, ask the buyer to present a passport;
- Issue an invoice for goods. It is signed by both the seller and the buyer;
- The amount is returned within three days from the main cash desk of the enterprise according to the cash flow order upon presentation by the applicant of a passport;
- An expense-cash order is displayed in the cash book.
How are funds returned for goods paid for by credit card?
According to the law, the reverse of funds can only be made to the card. Do not confuse cash and non-cash payments.
How to write a letter for the return of funds under the act of reconciliation?
On the letterhead in the upper right corner, write: “To the Head”, “Chief Accountant” and the name of the company that should return the money.
Further, it is necessary to describe the situation, for example, with the phrase: “The company (name of your office) erroneously transferred funds in the amount of _ rubles, including VAT in the amount of _ rubles, to your current account #_, by the company (name of your office).
Please return the specified amount to the current account (indicate the details of your account). The reconciliation act was signed on the date (specify the date)."
If the reason for the transfer is different, you must specify it: “Please return to the current account # _ the amount of the overpayment in the amount of _ rubles, including VAT_ rubles, which was formed as a result of the return of goods according to the invoice # _ date of the document.”.
sample letter
There is no unified letter template, but its structure can be divided into several parts:
- Header of the letter: in the upper right corner indicate the sender and addressee;
- Main appeal. This text contains a request for the return of money and reasons;
- claim part. In it, you can write that in case of refusal, you will go to court. If the funds were transferred by mistake when typing the details or the amount, it is better not to write a claim. It is advisable to stick to a neutral tone of writing;
- In the final part, you must specify the details to which you want to transfer money;
- Chief accountant's signature and date.
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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:
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:
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.).
A refund letter from a supplier, like other business correspondence, is 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.
How to draw up an act of reconciliation on the return of funds
In mutual settlements between the seller and the client, different situations arise. In what cases is a refund required, how to issue them, what types of product returns are there from buyers? These questions are further answered in our article.
The refund process for the reconciliation act
Overpayment is a sometimes occurring phenomenon in commercial work. There are several reasons for its occurrence:
- mistake due to inattention - in the details of the addressee, by amount;
- when the goods/materials have been returned after payment has been made against the original invoice.
- write an application and present it to the administrator;
- save and present a check with the application;
- return the goods.
- Accept the application and check from the client;
- Prepare an incoming invoice. The sender is the buyer
Recipient - organization-seller; - Make a refund from the same checkout point through which the purchase went. The refund must be made before the cash desk closes and the Z-report is issued.
- At the end of the shift, it is necessary to issue an act on the return of funds to the buyer (KM-3);
- The refundable amount is displayed in the journal of the cashier-operator and the reference report. If there are several settlement points in the outlet, the senior cashier indicates the amount that was returned in the summary report for all cash points.
- Accept an application, check, ask the buyer to present a passport;
- Issue an invoice for goods. It is signed by both the seller and the buyer;
- The amount is returned within three days from the main cash desk of the enterprise according to the cash flow order upon presentation by the applicant of a passport;
- An expense-cash order is displayed in the cash book.
- Header of the letter: in the upper right corner indicate the sender and addressee;
- Main appeal. This text contains a request for the return of money and reasons;
- claim part. In it, you can write that in case of refusal, you will go to court. If the funds were transferred by mistake when typing the details or the amount, it is better not to write a claim. It is advisable to stick to a neutral tone of writing;
- In the final part, you must specify the details to which you want to transfer money;
- Chief accountant's signature and date.
- 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 of defective 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.
- 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.
- 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.
In this case, it is necessary to contact the accounting department of the counterparty, reconcile the accounts, sign the reconciliation act and agree on the return of the amount.
How to return the wrongly transferred money?
The initial document for the possibility of reversing incorrectly transferred funds is a reconciliation act. Further, when the counterparty, having signed the act, confirms this amount, it is necessary to write him a letter with a request to return the money.
The letter is the basis for the return, without it, the accountant of another company does not have the right, at its discretion, to transfer funds to another account, even if there is a negative balance on reconciliation.
A letter for a refund from the supplier under the reconciliation act is written in free form on the official letterhead of the enterprise.
Is an act issued on the issuance of money when returning goods
Customers have the right to return the goods within 14 calendar days from the date of purchase. This right is already familiar to everyone, and has been successfully used for a long time.
Citizens-buyers know how to issue a return of a purchase and return the money.
In fact, the legislation provides for the exchange of goods for an analogue or substitute until an identical product goes on sale (for non-food products). But in practice, sellers simply make a return. This is a simple and quick way to close a question. In this case, according to the law, the money must be returned no later than three days.
What are the actions of the seller after the buyer provides the application and the check?
If you want to return the goods on the day of purchase, you must:
If the return does not occur on the day of purchase, its processing by the seller will be as follows:
How are funds returned for goods paid for by credit card?
According to the law, the reverse of funds can only be made to the card. Do not confuse cash and non-cash payments.
How to write a letter for the return of funds under the act of reconciliation?
On the letterhead in the upper right corner, write: “To the Head”, “Chief Accountant” and the name of the company that should return the money.
Further, it is necessary to describe the situation, for example, with the phrase: “The company (name of your office) erroneously transferred funds in the amount of _ rubles, including VAT in the amount of _ rubles, to your current account #_, by the company (name of your office).
Please return the specified amount to the current account (indicate the details of your account). The reconciliation act was signed on the date (specify the date)."
If the reason for the transfer is different, you must specify it: “Please return to the current account # _ the amount of the overpayment in the amount of _ rubles, including VAT_ rubles, which was formed as a result of the return of goods according to the invoice # _ date of the document.”.
sample letter
There is no unified letter template, but its structure can be divided into several parts:
How to write a refund letter from a supplier
If it becomes necessary to return the funds transferred to the counterparty in the course of trading or other business activities, it is necessary to correctly draw up the documentation. 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:
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:
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 provide a complete and detailed justification for the need for a return - these are the clauses of the agreement, as well as links to 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.
In the activities of organizations, situations often arise when it is necessary to return the money transferred to the counterparty. The reasons can 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:
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. In payment order No. 117 dated July 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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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.
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.
Letter Samples
Example 1 - From organization to organization
Example 2 - From an individual (or individual entrepreneur) to a legal entity You can easily change the reason for the return to your own. For example, in this example, you change the phrase “in connection with the refusal of insurance under the contract” to your own.
From individual to medical company
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.
From legal entity to legal entity Download this sample in Word format:
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. In payment order No. 117 dated July 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.
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.
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 of defective 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 completion 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.
From individual to merchant Claim for a refund for a defective product
Sample Claim 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 provide a complete and detailed justification for the need for a return - these are the clauses of the agreement, as well as links to 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.
Between legal entities How to properly issue a refund certificate?
Refunds are made within 14 calendar days from the date of sale. Such a document is compiled by the cashier (seller, consultant). The following documents are attached to it: cash or sales receipt, if for some reason the cash receipt was not issued; an application for the return of goods and receipt of money, which is drawn up on the letterhead of the company in the form No. KM-3, approved by the State Statistics Committee of the Russian Federation, resolution No. 132 of 12/25/1998.
In the absence / loss of a cash receipt, the buyer writes a statement indicating passport data. Further, all documents are sent for consideration by a special commission and to the accounting department.
Between legal entities How to write a letter for the return of funds under the act of reconciliation
The need to conduct a refund operation arises in the event of an erroneous payment / transfer. Under these circumstances, strict compliance with the rules on the part of the buyer-payer and the recipient organization is necessary. The first step in resolving the situation should be to issue a letter of inquiry.
The execution of such a letter may be necessary for both an individual and a law firm in the event of disputed payments. The form of the letter is standard, only the circumstances or terms of the transaction are adjusted. It is necessary to prepare documents that confirm the crediting of the corresponding amount to the account. For legal organizations, such a document is the account of the opponents of the specified amount, for a private person - a receipt (check) for payment for goods or services.
The next step is to fill out the letterhead of the organization, intended for third-party correspondence, which contains full details. If this is not the case, then it is enough to put a corner seal or fill in the details manually, placing them in the upper right corner of the sheet after the addressee.
This kind of letter is written in the name of the first head of the organization and begins with an appeal to the “Director” (chief, manager, head, president, etc.). The following is the full name of the organization and the full name of the official. In this case, a private person must indicate his own full name, place of residence, phone number or e-mail.
The subsequent meaningful part of the letter should begin with a direct appeal, for example, "Please return." The following are the details of the issue, indicating the exact amount to be returned. You should indicate the contract under which payment was made (number and date of conclusion of the contract). You also need to provide documents confirming payment - a receipt, payment order, etc.
The letter must be accompanied by an act of reconciliation, which is usually placed in the "Appendix" section. Don't forget to sign and date the letter. In the case of drawing up a letter of inquiry from a law firm, you should provide the signature of the director and chief accountant, certify the letter with a seal.
Application for a refund of funds under the act of reconciliation - sample
This kind of application is drawn up according to the model, on the letterhead of the organization, in the name of the leading official, indicating the full name and position held, for example, General Director, manager, etc.
- In the text of the application, the current situation should be indicated: an erroneous calculation, low-quality goods, as well as the exact amount in numbers and in words. You also need to indicate the date and number of the check by which payment for the goods was made.
- Further, in the text of the application, the details to which the amount must be transferred are indicated: full name of the recipient, taxpayer identification number (TIN), reason code (KPP), current account, beneficiary's bank, bank identification code (BIC), correspondent account (Kor / account) .
- The reconciliation act is indicated in the annex to the application. At the end of the document, the applicant's signature and the date of completion are put.
If the application is submitted from a legal organization, then at the end of the document the full name and the signature of the head and chief accountant, as well as the seal of the organization are indicated.
The procedure for drawing up an act on the return of cash to the buyer
Refunds are made both on the day of the sale of the goods, and on subsequent days. In the case of drawing up an act on the day of sale, the document is submitted before the closing of the shift and the removal of the Z-report. Such documentation is drawn up in accordance with the Model Rules approved by the Ministry of Finance of the Russian Federation (30.08.93, N 104) and the resolution of the State Statistics Committee of the Russian Federation (25.12.98, N 132). The act on the return of cash (form No. KM-3) is drawn up in one copy by the members of the special commission. Checks of payment are attached to it and are handed over to the accounting department.
The cases of drawing up an act on the return of cash in the following days are legally determined by the letter of the Central Bank of the Russian Federation dated 04.10.93 N 18 “On approval of the procedure for conducting cash transactions in the Russian Federation”. In this case, the money is returned from the main cash desk of the organization on the basis of a written application from the buyer indicating the full name and presenting an identity document.
Features of filling out an act on the return of funds
When drawing up the act, the following data is indicated: name of the organization (subdivision, department, etc.); information about the cash register (model, registration number and manufacturer); Full name of the cashier who issued the refund; numbers and amounts on the checks for which the refund was made; Full name of the official who made a positive decision on the reimbursement of funds.
As an attachment to the act, it is necessary to submit an erroneously executed initial check, signed by the head of the organization and a redemption stamp.
In case of an error on the part of the cashier, i.e. incorrectly punched amount on the check, the cashier is obliged to write an explanatory note. Such a note is drawn up by the cashier in the name of the head of the organization, which sets out the reason for the commission of incorrect actions that led to an error in the cash receipt. The reason may be inattention when working on the cash register, overwork or poor health, malfunction or breakdown of the cash register, etc. This explanatory note is attached to the act.
Return periods
The timing depends on what grounds were taken:
- Upon receipt of funds from the store, the period is 10 days.
- If we are talking about a supply contract, this issue is usually considered when it is drawn up.
- When it becomes necessary to return funds from the budget, the period should not exceed 30 days.
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 return goes to an account or card, then certain delays may occur that may increase the maximum return period - 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 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 to ask for protection in public services - Rospotrebnadzor and court. Sometimes you can contact the prosecutor's office, but only if you have very good reason to believe that you have become a victim of fraud.
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. At your request, 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.
Send a letter for a refund of a sample of which is given in the article if you mistakenly transfer money to someone else's account. We will also consider the actions of the recipient of the letter to return the money.
Read in the article:
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An erroneous write-off of money from a current account involves two situations:
- the write-off occurred due to a mistake by the company, for example, if the accountant incorrectly indicated the recipient in the payment order, the contract was terminated or the refund is made in accordance with the terms of the contract, an overpayment occurred;
- the bank made a mistake.
When should I send a refund letter?
When the company made a mistake. The payment order may incorrectly indicate the recipient of funds or the data of the recipient of funds.
In the first case, the details of the recipient are correct. There are no grounds for transferring money to him.
If the bank has accepted the payment order for execution, but has not yet debited the money from the current account, withdraw the payment order. Rules for revocation credit institutions usually give their internal regulations and agreements for servicing a bank account.
If the bank has already debited the amount from the account and the beneficiary's bank credited it to his account, prepare a letter on the return of funds and send it to the beneficiary.
The legislation does not contain a clearly established form of a letter for a refund. Compose it in any form. You can use company letterhead. Be sure to include on the form:
- details of your company, including bank details;
- name of the erroneous recipient, full name of the general director.
In the body of the letter, indicate the reasons for the erroneous transfer of money, the amount, reasons and terms for the return. Attach all required supporting documents.
You can also give reasons for the occurrence of a fine or penalty for non-return of money, which are established by law and the provisions of the contract.
Sample letter for refund
A refund letter is considered a document of business correspondence. Keep it for five years.
An erroneous recipient, upon discovering the amount, will be obliged to return it. He has no legal rights to use this money in accordance with the provisions of Article 1102 of the Civil Code.
The refund in the second case, when the bank made a mistake, depends on who discovered it. It could be:
- bank at the time of withdrawal;
- a bank serving the erroneous recipient at the time of receiving money to a correspondent account;
- erroneous recipient according to the information from the statement.
The bank serving you will notify that it is not possible to debit money from the account. Banking programs, as a rule, automatically check the payment details for compliance. If a discrepancy is found, the operation will be blocked.
The beneficiary's bank will also not be able to find a client with erroneous data and will return the money to the bank servicing the company.
If the money nevertheless got to the current account of the erroneous recipient, the company has the right to present a claim to the recipient's bank. It is he who in this case is the violator of the rules of banking operations. The firm can go to court to challenge the wrongful withholding of funds and collect interest. They are accrued from the day following the day when the money was credited to the account of the erroneous recipient, inclusive, until the day it is returned to the payer's current account.
If you received a letter to the supplier for a refund
The supplier may receive a refund letter when the transfer was made by the payer. You can check whether the amount was received on the bank statement.
Notify the bank where you have a current account of such erroneous crediting. This must be done within 10 days from the receipt of the statement.
You can request a notification form from the bank. As a rule, it is in its internal documents.
If the bank does not have such a form, make it in any form.
Sample letter for refund of overpayment from a supplier
You are obliged to return the erroneously transferred amounts to the payer in accordance with the requirements of Article 1102 of the Civil Code. The transfer was made without legal or contractual grounds. Accordingly, you have no rights to dispose of these funds.
Attached files
- Reimbursement letter form.doc
- Application form for erroneous crediting of money to the account.doc
- An example of a refund letter.doc
- An example of a statement about the erroneous crediting of money to an account.doc
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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 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.
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:
- personally;
- through a courier;
- Russian post.
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.
