Application requesting a refund. Purpose of payment when returning an erroneously transferred amount

We will provide competent advice, draw up applications to the court, and represent your interests in court.

There are many reasons why you might transfer funds to the wrong counterparty, or overpay under an agreement. This could be a human factor - banal inattention, misconception, mistake in the details, as well as a banking error - equipment malfunction, etc. What are the ways out of this situation?

Letter for refund , sample :

to whom:

IP Ivanov M.P.,

Address: Moscow, st. Mira, 8, of. 587.

From:

Baranov Mikhail Petrovich,

Address: Moscow, per. Levanova, 8, apt. 78.

Tel.: 8 - 987-89-78-456.

Application for refund

Funds were mistakenly 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 contract 5 dated 06/15/2012, we ask you to return the funds transferred by payment order 18 dated 05/03/2014 to account 15 in the amount of 2,000,000 including VAT, using the following details:

Due to the short delivery of goods under agreement (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 using the following details specified in Appendix No. 3.

Application:

1. Copy of the payment order.

2. Bank account statement confirming the transfer of funds.

3. Account details.


Baranov Mikhail Petrovich signature 09/15/2015

The amount must be indicated in numbers and words.

If you immediately realize the mistake, it is possible to quickly revoke the order by writing a simpleapplications for refunds. Such a statement is drawn up in free form and must contain:

Name of the organization, details of the person to whom the payment was made.

Full name of the applicant, his passport details, contact phone number.

Date of writing the application and signature of the applicant.

Please note that cash is issued only if you have a passport.

For legal entitiesThe refund letter must contain:

Organization name and full name director where the payment was made. The letter must indicate the account number, reason for the return, amount in words, details of the payment order and details for the return:name, current account number, cor. bills,TIN, KPP, BIC of the recipient's bank.Full name, signature of the director and chief. accountant (if provided for in the staffing table). Seal of the organization, date.

In a situation where you did not notice the error immediately, you will be required to take other actions that will take a little longer. First of all, you must understand that, based on Article 1102 of the Civil Code of the Russian Federation, you have every right to demand your money back, since you do not have any contractual or other obligations to the recipient of the payment. Moreover, Article 1107 of the Civil Code of the Russian Federation states that the recipient of an erroneous transfer is also obliged to compensate 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.

Pre-trial recovery of funds is possible if you are confident in the integrity of the counterparty. You should send a standard application to him with a request to return the money within the agreed period and to the specified details.

It is more effective to claim funds in court.If the person who received your money refuses to return the money independently and honestlyat your expense, you should file a claim in court. In such cases, especially if large sums are involved, 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 a bank card?

First, the “erroneous” recipient of funds must be sent a pre-trial warning. If there is no response on his part within the established time frame, a claim should be filed in court, demanding the return of the erroneously transferred funds.

A similar procedure should take place if the situation arose with an individual. For example, if funds were mistakenly transferred to the bank card of another person or another operator. With a card, things are much simpler, since any transaction requires that funds be 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 unfreeze the money immediately 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.

Erroneous money transfer due to the fault of the bank

If an erroneous money transfer occurred due to the fault of the bank, it should be the initiator of resolving the situation. You should contact a bank employee who must return your funds as soon as possible.If the delay in the return of funds entailed any financial costs on your part, you can also demand a penalty.

It is not uncommon for specialists in large companies to transfer money to the wrong details or to the wrong counterparties. As a result, money paid by mistake appears, and with a certain sequence of actions it is possible to return it.

To do this, you need to correctly compose a letter that is sent to the organization that received the funds, and it must indicate the reason for transferring the money and the details of the sender to which the funds are being returned.

Typically, the fact that funds were sent using erroneous details is revealed after this financial procedure has been completed. Accountants, managers or other employees of the organization can make a mistake.

Important! The main purpose of such a letter is to request the recipient to return the erroneously transferred funds, therefore it contains all the data with which he can complete this process.

How refunds are carried out in practice - see an example in this video:

Who creates this document and when?

If you discover that the money was transferred incorrectly, you should immediately begin to compose a letter. It is advisable that it be certified by the head of the organization. The responsibility usually falls on the accountant.

You can send a letter to another company in different ways:

  • personally when visiting an organization, and the secretary usually accepts the paper, but you can use the services of a courier;
  • sending a mail notification.

Important! Regardless of the method of transmitting the letter, it is necessary to obtain the recipient’s signature on a second copy to ensure that he is notified of the erroneous transfer of money.

The recipient, which can be an individual or a company, must check all transactions that were made on his account for a specific date. Companies usually reconcile documentation related to the receipt of money and its expenditure.

After the verification, a response notification is sent to the other company, which states whether the funds will be returned or not. If there is a negative answer, then the reasons for such a decision will certainly be written down.

Where is money usually transferred by mistake?

Companies can transfer funds by mistake to different organizations, and usually they are sent to:

  • different payment systems. you will learn what electronic payment systems exist and which of them are most profitable to use;
  • banking organizations;
  • terminals designed to pay for various services remotely;
  • to telephone or Internet operators;
  • to different counterparties;
  • Federal Tax Service or various extra-budgetary funds. What deductions should an individual entrepreneur pay to extra-budgetary funds - read.

Important! It is also not uncommon for funds to be sent to individuals.

This problem is usually associated with the fact that companies save payment forms, with the help of which a payment is made by pressing just a few buttons.

Form and structure of a letter requesting the return of erroneously transferred money

In order for it to have an optimal appearance, certain mandatory information must be entered into it.

Important! There is no strict form on the basis of which this document is drawn up, but if it does not contain enough information, this may become the basis for the recipient’s refusal to return the funds received.

The structure of the document consists of the following elements:

  • full name of the addressee;
  • direct contact with an organization or individual who received money without reason;
  • the contents of the letter, which should briefly state why the amount was incorrectly transferred to the recipient;
  • At the end, the applicant’s signature and the date of generation of the document are placed. – read the step-by-step instructions at the link.

The very situation when money was sent to the wrong recipient arises quite rarely, therefore the content of a letter sent to a company or citizen will always be individual and specific, but in order to avoid difficulties with returning money, it is important to correctly formulate this document, observing the above structure.


Sample letter for the return of erroneously transferred funds.

How to compose a letter

The procedure for generating this letter involves entering the following information sequentially:

  • Full name of the head of the company that mistakenly transferred the funds, and its full name, and this information must be written down in the upper right corner of the paper;
  • further, there must be a polite address to the head of the company or individual to whom a certain amount of money was transferred by mistake;
  • then it is required to briefly but clearly explain how the funds were mistakenly transferred to the wrong recipient, and for this purpose evidence must be provided in the form of payment documents;
  • at the end, the applicant indicates his full name with a transcript, and also states the date when the document was generated.

Important! Before drawing up the document, you should find out exactly to whom the funds were sent by mistake, which will allow you to understand what kind of relationship the company has with the recipient, since this determines how quickly and without problems the money will be returned.

The letter must be accompanied by other documents confirming the payment made, and these include various checks or receipts. The document itself is formed on a special letterhead containing the name and logo of the organization.

How to avoid mistakes

To make this document correctly, the following recommendations are taken into account:

  • confirmation of completed payment is collected;
  • information is written on a standard A4 sheet;
  • The letter must certainly contain the company details that will be used by the recipient to transfer funds back;
  • as in other official letters, you must contact the head of the recipient company;
  • The exact amount of money that must be returned must be indicated.

The document itself contains a note called “Annex”, which lists other papers that are sent along with it.


Letter for the return of funds transferred using erroneous details.

When can you expect a refund?

There are no strict and precise deadlines in the law during which incorrectly transferred money is returned to the owner. This parameter completely depends on where exactly the funds were transferred:

  • if an accountant transferred money to a bank account or to a card, then the money can be returned within five days, but this period may be changed by the banking institutions themselves;
  • if money was transferred incorrectly to an individual or company, then the rational time frame is seven days from the moment the letter is accepted by the recipient of the funds.

Often the procedure is significantly delayed, and in this case it is even possible through the court to force the recipient of the money to pay interest for each day of delay.

To do this, you first need to file an application with the court, and a statement of claim is accepted only if you present evidence that the original problem that arose was tried to be resolved peacefully, so you need to prove that a letter was actually sent demanding the return of funds.

Typically, the courts side with the plaintiffs and force the recipients to return the money, with the defendant additionally forced to bear legal costs and pay interest.

What this means and how to return such funds - read the article at the link.

Conclusion

Thus, it is not uncommon for funds to be transferred erroneously to a company or bank. If such a problem is identified, it is necessary to urgently begin to take measures aimed at returning the money.

To do this, it is advisable to initially send a letter to the recipient of the funds in different ways, which will indicate the details of the company where the money should be returned.

Usually the return process does not take much time, and you rarely encounter problems, but it is still important to approach the transfer of money competently and avoid such significant mistakes.

How to account for erroneously received funds in accounting - watch this video:

The document is an application (request) for the return of the transferred money. There is no unified form, so we draw up a free application.

Be sure to include the following information:

  • details of your organization: the appeal can be made on company letterhead;
  • bank details for refund;
  • name of the counterparty's manager, his position and full name;
  • subject of the appeal (subject of the claim): indicate on the basis of which document (agreement, invoice agreement, 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 bank account. Indicate the basis on which you need to return the money, your requirements for deadlines, include fines and penalties, if any, in the document that forms the basis of the obligation. Justify your position with the law or 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 statements about debits from the account. In the inventory, indicate not only the quantity, but also the number of pages in each of them. In the attachment to the letter, be sure to add a reconciliation report for mutual settlements. Confirm the application with the signatures of: the responsible executive, 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 “due to refusal of insurance under the contract” to your own.

From an individual to a medical company

How to write a letter for refund of overpayment

We draw up the document in two copies, send one to the counterparty, and register the second in a journal and file it in the outgoing documentation. The number of copies may be greater, one for each interested party. 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 reason for the occurrence of receivables. It will help you understand accounting discrepancies or identify errors.

Sample letter for refund of overpayment to supplier

Example: we are returning an overpayment that occurred due to a technical error. In payment order No. 117 dated July 16, 2017. GBOU DOD SDYUSSHOR "ALLUR" the recipient is indicated incorrectly: instead of LLC "Supply of sporting goods" LLC "Supply of goods" is indicated. The payment amount is 30,000 rubles. We are making a request for a refund.

Responsibility and storage periods

Return letters, like other business correspondence, must be kept for at least 5 years.

For claims correspondence, you can create a separate registration log; its form and procedure should be approved in the accounting policy. Familiarize the responsible official with this procedure against signature.

Responsibility for maintaining and storing these documents should be stated in the job descriptions.

In what cases is such a letter necessary?

The need to return funds already sent to the supplier arises quite often. Usually the letter is sent for the following reasons:

  • Late delivery of goods. If the deadlines were violated, you can request a refund, as well as a penalty in accordance with the provisions of the contract.
  • Delivery of low-quality goods. If a quality discrepancy with the standard is discovered after acceptance, a letter is sent demanding a refund of the funds paid.
  • Termination of the contract by agreement of the parties.
  • Overpayment. If funds were mistakenly transferred to a counterparty, this may be discovered quite a long time later during data reconciliation. After this, a letter is sent to return the erroneously transferred amount.
  • Incorrect completion of payment order and other circumstances.

If there is a need to return the goods received, a similar letter must be drawn up, but it must indicate a request for the return of the erroneously delivered goods.


From an individual to a selling company

Claim for a refund for a defective product


Sample claim

What information should be in the letter?

View a sample refund letter from a supplier. It must contain the following points:

  • Organization details. However, if you use company letterhead with printed information about the company to compose the letter, you do not need to duplicate it.
  • Full name and position of the head of the organization.
  • The title (topic) 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 agreement or payment order on the basis of which the money was mistakenly transferred to the counterparty are indicated. The reasons and terms of return must also be stated. If the contract provided for a penalty for late fulfillment of obligations by the counterparty, the letter can mention liability for failure to comply with the deadlines for the return of funds.

Features of composing and filling out a letter

To write a letter to a supplier about a refund, 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 points 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 fact of the transfer of funds must be attached to the letter. In the “Attachment” field, you must indicate the number of pages of documents to be sent.

If a discrepancy in amounts and erroneous sending of funds was identified during reconciliation, it is necessary to attach a report confirming the discrepancies. The letter is signed by the chief accountant, the head of the department and the director of the organization. It is prepared 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 cash return certificate?

Refunds are made within 14 calendar days from the date of sale. Such a document is drawn up by the cashier (seller, consultant). The following documents are attached to it: a cash receipt 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 company’s letterhead in form No. KM-3, approved by the State Statistics Committee of the Russian Federation, Resolution No. 132 of December 25, 1998.

In the absence/loss of a cash receipt, the buyer writes a statement indicating passport details. Next, all documents are sent for consideration to a special commission and to the accounting department.

Between legal entities

How to write a letter about the return of funds based on a reconciliation report

The need to carry out a refund operation arises in the event of an erroneous payment/transfer. Under these circumstances, strict adherence to the rules is necessary on the part of the paying buyer and the recipient organization. The first step in resolving the situation should be to issue a letter of request.

Drawing up 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 appropriate amount to the account. For legal organizations, such a document is an invoice for the specified amount; for a private individual, it is a receipt (check) for payment for goods or services.

The next step is to fill out the organization’s letterhead, intended for third-party correspondence, which contains complete details. If this is not the case, then it is enough to put a corner stamp or fill in the details manually, placing them in the upper right corner of the sheet after the addressee.

This kind of letter is drawn up addressed to the first head of the organization and begins with an address to the “Director” (boss, manager, head, president, etc.). Next, indicate the full name of the organization and the full name of the official. In this case, an individual must indicate his/her full name, place of residence, telephone number or e-mail.

The subsequent content of the letter should begin with a direct appeal, for example, “We ask you to return.” Further details of the issue are provided, indicating the exact amount that must be returned. You should indicate the agreement under which the payment was made (number and date of conclusion of the agreement). You must also provide documents confirming payment - a receipt, payment order, etc.

The letter must be accompanied by a reconciliation report, which is usually located in the “Appendix” section. Don't forget to sign and date the letter. If you are issuing a letter of request from a law firm, you must provide the signature of the director and chief accountant and certify the letter with a seal.

Application for refund of funds based on the reconciliation report - sample

An application of this kind is drawn up according to a sample, on the organization’s letterhead, addressed to the executive officer, indicating the full name and position held, for example, General Director, Manager, etc.

  • The text of the application should indicate the current situation: erroneous calculation, low-quality product, as well as the exact amount in numbers and words. You also need to indicate the date and number of the receipt on 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, recipient's bank, bank identification code (BIC), correspondent account (Kor/sch) .
  • The reconciliation report is indicated in the appendix to the application. At the end of the document the applicant’s signature and the date of completion are placed.

If the application is submitted from a legal organization, then at the end of the document the full name and 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 the product is sold and on subsequent days. If the act is drawn up on the day of sale, the document is submitted before the shift is closed and the Z-report is taken. This kind of 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 members of the special commission. Payment receipts are attached to it and submitted to the accounting department.

Cases of issuing an act on the return of cash in subsequent days are legally defined 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 organization’s main cash desk based on a written application from the buyer indicating his full name and presenting an identification document.

Features of filling out a statement on the return of funds

When drawing up the act, the following data is indicated: name of the organization (division, department, etc.); information about the cash register (model, registration number and manufacturer); Full name of the cashier who issued the return; 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 annex to the act, it is necessary to submit an erroneously executed initial check, with the signature of the head of the organization and a stamp on repayment.

In case of an error on the part of the cashier, i.e. the amount on the check is entered incorrectly, the cashier is required to write an explanatory note. Such a note is drawn up by the cashier addressed to the head of the organization, which sets out the reason for the 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 deadlines

The timing depends on what grounds occurred:

  • When receiving funds from the store, the period is 10 days.
  • If we are talking about a supply agreement, this issue is usually considered when drawing it up.
  • When there is a need to return funds from the budget, the period should not exceed 30 days.

How does the return work?

Refunding money is not such a complicated procedure, especially for the buyer. If you have submitted a letter requesting a refund, then The money must be transferred to you within 10 days from the date of approval. Moreover, these 10 days are strictly fixed by law, and violation of these terms, according to the law “On the 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 refund may vary - from 1 to 3% of the total refund amount and without restrictions if the penalty is charged under the contract.

Refunds are always made in the same way the seller received the money. Thus, if the payment was made in cash, then the money will be returned to the person who deposited it, and if it was transferred by bank transfer, it will be returned to the account or card of the sending bank. However, there are two exceptions to this rule: if the return is forced or if trade was carried out through counterparties and the agreement itself provides for other return conditions.

Separately, it is worth noting the transfer of funds through the bank. If the refund goes through to an account or card, then certain delays may occur, which can increase the maximum period for the return of funds - if the seller has 10 days for a return, then the bank has 30. That is, when transferring through a bank, the return period can be increased to 40 days.

What to do if the money is not returned

In the event that the money is not returned to you, you have the opportunity to seek protection from government services - Rospotrebnadzor and court. Sometimes you can contact the prosecutor's office, but only if you have very good reasons 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 the return of funds did not bring any results. This is due to the fact that Rospotrebnadzor is responsible for protecting consumer rights, and an unfair or unfounded refusal to return violates these same rights. Based on your application, 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.

You can go to court. Dealing with the court is much more difficult, but often it becomes the last service through which you can get your money back. To begin the hearings, you will need to draw up and submit a statement of claim, which will be reviewed up to 5 days. After this, 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 a ruling that will allow you to get your money.

Every citizen may encounter the fact that funds will be transferred to some account by mistake. This usually happens when concluding an agreement or conducting a transaction. Funds can also be transferred using the correct details, but in excess.

Dear readers! The article talks about typical ways to resolve legal issues, but each case is individual. If you want to know how solve exactly your problem- contact a consultant:

APPLICATIONS AND CALLS ARE ACCEPTED 24/7 and 7 days a week.

It's fast and FOR FREE!

In this case, you will need to return the erroneously transferred money. Since this is not always easy to do, you will need to go through a special return procedure.

There is a specific procedure for drawing up an application, according to which the funds will be transferred back to the owner. It is important to reflect in it the main points according to which you can understand the details of the translation.

Important points

If the payment was made incorrectly, then steps must be taken to return it. Such an event is not considered ordinary. In each case, you need to check the message carefully, having studied all the details.

It is worth remembering that the transfer of money back by the organization and the bank is carried out in rare cases just like that. To return funds that were transferred for other purposes, you must follow the procedure established in 2019.

The basis for this is a letter that reflects all the circumstances of the incident. It is necessary to provide the details where the return should be made. The letter does not have a set form. Therefore, it can be compiled arbitrarily.

Sometimes, even with a letter, it is not possible to get the money back. After all, a citizen must provide reasons for carrying out the procedure, expressed in writing.

The work of a legal nature to restore a citizen’s rights consists of searching for material evidence. Particular attention is paid to material sources.

Reasons for drawing up

It is necessary to draw up a document on the basis of which funds transferred by mistake will be returned in several cases. Technical errors are considered frequent among them.

When concluding a transaction, funds may be randomly debited from a citizen’s personal account. This can happen due to incorrect operation of the translation system.

In the second case, we are talking about a mistake by the owner of the funds. A person may make a mistake in the details by indicating one of the account numbers incorrectly.

Errors also occur when the transfer amount is entered incorrectly. As a result, the organization may receive more funds than required.

In whose favor are they usually mistaken?

Often, funds transferred by mistake are found in different accounts. Moreover, not only a citizen or an organization can receive them.

The transfer can be sent to:

  • to various payment systems (electronic wallets);
  • to credit organizations;
  • to terminals that allow you to pay for services remotely;
  • to telephone and Internet operators;
  • to various contractors providing intermediary services;
  • to the Federal Tax Service;
  • to extra-budgetary funds.

In addition, there are often situations where the recipient of funds is an individual.

Most problems stem from companies retaining previously used payment forms. As a result, no forms are required to be filled out. One click is enough for funds to be transferred to an individual, institution or bank.

What to do after discovery

If a person discovers that he transferred funds by mistake, then he must follow the instructions below:

  1. At the initial stage, a written application for the return of funds is drawn up. It must be signed by the originator. The document is also certified by a notary office.
  2. The letter is sent to the organization that mistakenly became the recipient of the funds.
  3. Notice can be sent in several ways. It is possible to submit it in person by visiting the institution’s office. The document is also sent by mail or using delivery provided by a courier service.
  4. After the organization receives the letter, it must check all monetary transactions that were made on the accounts. This is necessary to detect an error. It is important to evaluate the correctness of income, expenses and account balance.
  5. If an error is identified, a written response is drawn up. It contains the terms of return, the amount that the applicant must receive. Otherwise, a document containing justification for the impossibility of reverse translation is also transmitted.

Letter writing example

When drafting, you need to focus on the sample letter for the return of erroneously transferred funds, presented below:

to CEO

LLC "Stroyplast"

Kozlovtsev Gennady Pavlovich

statement.

Promsbyttorg LLC, Moscow, requests the transfer of erroneously transferred funds within the framework of payment order No. 454 dated March 24, 2019 in the amount of 5 thousand 658 rubles 00 kopecks to the current account using the following details:

account number 5845588765236975622365888 at Promstroybank in Moscow

c/s 6998206876698666977413369, BIC 59436886.

General Director _____________________ Onishchenko Yu.M.

Chief accountant _____________________ Minakova O.Yu.

Document structure

Before you write a letter about the return of erroneously transferred funds, you need to find out its structure.

Despite the fact that the law does not provide for a prescribed form of the document, some requirements are imposed on the content:

  1. The addressee's details are required. These include the full name of the management and the name of the organization. Data is entered in the upper right corner.
  2. In the central part of the document, you can politely address the manager by name and patronymic. The best option would be to start with the words “Dear.”
  3. The main part of the letter describes the circumstances of the incident. Checks, receipts, and statements of personal accounts are also provided here. All these financial documents help confirm the fact of the transfer. This section also describes the reasons for what happened.
  4. After drawing up the document, the citizen’s signature is placed. Its decoding and the date of execution of the document are indicated here.
  5. At the bottom of the office there is a mark with the data of the employee who accepted the document and the date of registration of the paper. The manager signs the paper if he agrees to satisfy the applicant’s request.

How to avoid mistakes

When drawing up a document, there are several important features to consider:

  • You must have proof that payment has been made.
  • The information is presented on sheet A4.
  • The letter contains the company details. This is necessary to ensure that the business partner transfers funds to the correct account.
  • You must contact the head of the recipient organization.
  • It is important to accurately indicate the amount to be refunded.
  • The document must reflect the “Appendix” item. It lists the papers that are attached to the application.

What should the recipient respond?

After drawing up and submitting an application for the return of erroneously transferred funds, the citizen needs to wait for a response. In response to the letter, the organization must draw up a return document within the time limits established by law.

The document notes the decision made by the company regarding the return of funds. It can be positive or negative. In the latter case, the refusal must be motivated.

The response must be submitted on the official letterhead of the organization. It is sent to the address specified in the applicant's contact information. If the recipient does not agree with this decision, he can appeal to higher authorities to appeal it.

For example, if a regional credit institution refuses a refund, then you need to contact its management. It is also possible to visit the central office of the bank.

It is also possible to appeal the decision to a judicial authority. For this purpose, a statement of claim is drawn up. The defendant is the company that refused to return the money.

When to expect a refund

The exact terms for the return of funds are not prescribed by law. Therefore, the period is determined by the organization that erroneously received them.

When money is credited to a bank card or account, the refund is made within five days. If the recipient is a private person, individual entrepreneur or organization, they themselves have the right to decide when to return the funds to them.

Typically the return period does not exceed seven days. The countdown begins from the moment the letter is sent and becomes familiar with it.

If the process is delayed, the return will not be free for the recipient. You will have to pay a penalty for each day of delay.

What to do if money is not returned

If all of the above methods do not help you get your money back, then you need to send an application to the arbitration court. Evidence of translation must be attached to the application. These include documents confirming the error. There must also be a letter that was sent to the bank.

1. Is a mandatory condition for a refund. The payee needs to confirm the return of funds, i.e. have such a basis.

2. As a rule, the letter is prepared in writing and signed either by the payer himself or his official representative. At the same time, the representative must have a document granting him the right to carry out such actions.

3. A copy of a payment order, receipt or other document confirming the fact of payment may be attached to a claim for a refund.

4. The appeal is sent using the official details of the banking organization and/or the person who actually received the payment.

5. The submission of a request for the return of funds must be confirmed by receipt of an official document about this.

6. If the excess transfer occurred within the framework of a previously concluded agreement between the parties, then the return of such funds will also occur within the framework of this agreement. At the same time, it may be necessary to carry out additional measures to carry out reconciliations and offsets. Such events are accompanied by the preparation and signing of reconciliation reports and other similar documents.

Letter requesting the return of over-transferred funds

On the organization's letterhead

Ref. number, date

General Director of Rosintegratsia LLC

Ivanov P.N.

Organization __________________________________________________________________,

(Name of the organization)

number of the agreement with Rosintegratsia LLC: ____________,

Recipient's name:

Recipient's INN/KPP:

Recipient's current account:

City and bank name:

Correspondent bank account:

The amount to be refunded is ______ rub.___ kopecks.

Director _____________________ __________________________

(signature) (full name)

(signature) (full name)

(place of printing) __________________ 2010

New authors

Sample letter for refund of overpaid funds

to CEO

from ________________________________

(for legal entities, individual entrepreneurs: indicate name, TIN, telephone)

(for individuals, please provide passport details and phone number)

We ask for a refund in the amount of __________ (_________________________) rubles. (indicate in numbers and words). in connection with______________________________________________________________ (indicate the reason for the refund) by transferring funds using the following details: ____________________________________________ (indicate the name, INN, KPP, current account, name of the bank, corresponding account, BIC of the recipient of funds).

"___"____201___ ( date of)

CEO** ___________________/_______________________/

(for legal entities) (signature) (decryption)

Chief Accountant ___________________ /_______________________/

(for legal entities, individual entrepreneurs) (signature) (decryption)

* If the Agreement is concluded with the North, South, JV, North-West, Siberia, Ural, Southern region, Volga region - the name of the company with which the Agreement was concluded is indicated.

**Or another authorized person, with the obligatory attachment of a valid power of attorney, or an order giving authority to sign the letter

Incorrectly transferred amounts and a correctly formulated letter of return

Margo Uchenik (194), closed 4 years ago

Dear, tell me the situation for the first time: we have retail space, we pay advance payments on the rental pallet, and now suddenly, without warning, a lease agreement appears on the table on the table for the same space, but on behalf of another counterparty, and the advance according to the deadlines we listed to the old one. The old one is ready to return them to me. How to correctly write a letter for the return of an erroneously transferred amount. What must be indicated and how to formulate it correctly?

Sample letter for the return of overpaid funds

How to write a claim for a refund for an erroneous payment. LLC "YUKT-Otsenka" transferred funds in the amount of 41,000 rubles. We learned about this situation from a letter from an accountant of one company. Until the payment is returned, the money can be “posted” to account 76 with other debtors. How to correctly write a letter for the return of an erroneously transferred amount. For legal entities, the letter for refund must contain: The funds to pay the insurance premium were paid in full. No problem, return them by sending a refund letter. Under the Tax Code of the Russian Federation, the tax agent must refund the over-withheld tax in non-cash form. In order for a legal entity to receive a refund of funds transferred to the LLC account.

Related publications