Conditions for canceling a bank transfer between physicists, legal entities and in general ..?

Question

Fintech

Guys versed in banking laws, please comment on two stories:
1. Many years ago, when I was a poor student, bringing money to the university. At my university, the details have changed, and I transferred money to them according to the old ones. I caught myself a week later, came to the bank, told everything, so and so, they issued a refund to me, and I drew a new payment for them ... And this was done through a refund.
2. A friend told me, just now, she accepted money into a savings bank account, sent the goods to the buyer.
Three days later, he receives an SMS notification about the cancellation of the transaction, look at the account, but there is no money :-) because it’s not figs to use transfers between physicists for business purposes, such was the answer of Sberbank.
These stories give rise to a lot of questions about the grounds and conditions for debiting money from accounts.
What if she took the money? And if the account was not a card account but a settlement one?
If anyone knows more about the subject, please tell me more...

Answer 1

1. The first situation is not related to debiting funds from the account. The payment was sent using incorrect details, it was not credited to the client's account, but stuck on a special bank account, which takes into account "unexplained" receipts. From it, the money was returned to you after you wrote the corresponding application.
2. Here the situation is more complicated. The fact is that a bank cannot simply withdraw money from a client’s account, even a legal entity, even an individual. This requires either a document from the client (payment order, etc.) or a document that indisputably allows the bank to do this. Well, or a clause in the agreement between the bank and the client (for example, the client allows you to deduct interest for services from the account, etc.).
A little dry "official stuff". The documents recognized by the current legislation as the basis for unconditional debiting (transfer of money) from the client's account include: writ of execution, court orders, writ of execution of notaries, writ of execution of the arbitration court, etc.; as well as equated to them: payment claims paid without acceptance (for example, collection from the tax office); applications accepted by banks to refuse to accept a payment request in settlements in the order of subsequent acceptance (this is if the client himself refuses to check and confirm payment requests coming to his account); payment orders of the client himself, not paid on the day of their acceptance by the bank due to the absence or insufficiency of funds on the payer's account;
Of course, you need to understand with what purpose of the payment your girlfriend received the money, how the transfer was carried out, but I see two options:
* or the funds have not yet been credited to the girlfriend’s account directly, but were in some kind of bank account - a sump-accumulator,
* or there is a clause in the girlfriend's bank agreement that the payer can withdraw his payments, and the bank can return such amounts without asking the client's permission (without acceptance, so to speak).
One piece of advice - when opening a bank account, read the contract, pay attention to the details. Good luck!

Answer 2

Even if I managed to withdraw money, it would be much worse, the bank would still write off this amount and it would be like an unauthorized overdraft with the wildest interest that is in the contract ... But about this situation, let your friend not be too lazy to write application (required in writing) and try to give it to the bank, if not accepted, let him not be upset, but send it by registered mail with notification. The bank is obliged to respond within a month and 99%+ responds. From the answer, she will understand on the basis of what documents and what exactly happened ... One of the pleasant options in this case may be a refund ...