The Agency on insurance of contributions (ASV) in the event of bankruptcy of the Bank logically should compensate citizens and organizations related loss. But it suddenly acted very peculiar…
ASV began to submit claims to the depositors of the banks that managed to withdraw their money just before the Bank was revoked license. For example, have filed 150 lawsuits against investors of the Military industrial Bank, which was closed already in September 2016.
Among the defendants is 50 individuals. the Agency complained to the courts that at the time of withdrawal of funds in the Bank were the so-called card file of outstanding payments that is already kept record of failed payments to clients, so the Bank was allegedly insolvent.
For this reason, the DIA sees actions as a warning in advance depositors, and went to meet them bankers a crime and requires the recipient to return the money to the Bank. To bankruptcy Trustees put the money in one bag, made a schedule, to which turn to return the deposits, and only then pleased individual lucky.
It seems to be true. However, according to the rules of “the investor shall pay compensation in the amount of 100% of the amount of deposits, but not more than 1,4 million roubles”. That is, if you were in the Bank a thousand rubles, and it will return, but if two, three or more million, returned only 1.4. Not great! The rest you can endlessly beg DIA.
But that’s not the whole terrible tale. If you have already managed to spend money on an apartment, a house, a boat (delete as applicable), – the DIA through the courts require to compensate them for their property, a grief-saver. It will include the bailiffs and auctioned the property, the same apartment.
Such is the touching concern for the insurance of Bank customers.
Experts say that it is illegal, according to article 859 of the Civil code: the client may terminate the contract with the Bank at any time and the Bank is obliged to transfer to the client his funds within 7 days.
Think about it: even if the pettifoggers-insurers found some legal loopholes, even if the client knew that the Bank “burns”, in any case, he took out his and only his money!
As for his intention to beat the other poor investors, there is much more of a superior role model. The Central Bank, who knows exactly what the banks will lose its license, before this event, withdrew their loans of 15 billion rubles of Tatfondbank. Although he had no right to do that!
According to the law of the Central Bank is the lender of the third stage and should skip ahead of ordinary investors. ASV unexpectedly sued for a claim to the Central Bank, however, only 58 million rubles. Poskromnichal.
But a bad example to all of science: the Central Bank, taking advantage of a high position, allows himself to not be considered either legal or moral norms. And the courts have supported lawsuits against ordinary citizens. And what is there to do? Seem to continue to keep money in the Bank. In the same glass. Although today three-liter hard to find.