21 January 2016
An individual has the loan at the bank and a salary card of the same bank, where there are overdue bills for the loan. When an individual got his salary advance transferred to his credit card, the Bank transferred the entire amount in the account debt, leaving an individual without a livelihood. The legality of these actions the Bank estimated the lawyer «Khrenov and Partners» Sergei Morozov.
Unfortunately, current legislation does not contain any restrictions on direct debiting of funds from the bank account, if the
However, it should be understood that if such a right in the bank account agreement the bank has not, this makes it possible to demand deducted from your account funds. However, if such right is still reserved for the bank, then return these funds is unlikely to succeed.
In this connection, it seems reasonable to refuse the transfer of wages into a bank account. In this case, the bank will be forced to seek recovery of debt in the court, and then only bailiffs able to foreclose on earnings physical person. By virtue of para. 2, Art. 99 of the Federal Law of
Thus, it will on the one hand partially repay the debt to the Bank, on the other hand will allow nat. person to save 50% of earnings to meet their needs.
