Sberbank in Novosibirsk refused to unblock the account of the bedridden patient by power of attorney, which the woman wrote to her daughter-in-law, the bank quietly opened an account and issued a card, but refuses to unblock them
In Novosibirsk, Sberbank refused to unblock the card and accounts by proxy for the relatives of the bedridden patient. The bank found the transactions to be fraudulent. According to the sick woman’s son, he was required to either «bring and show» his mother to the boss, or to alter the power of attorney, specifying specific operations in it.
The correspondent found out how legal it is.
First, the online bank was blocked, and then the card
In November last year, Alexander Ivlev and his wife fell ill with coronavirus, so they could not take care of the lying 82-year-old mother.
— We began to select a nurse. Medical attention was needed. I have a contract with a patronage agency, and I had to pay for their services on a daily basis. I had to come up in the morning and leave the money. And the pension was always brought to my mother at home. It is clear that she is lying, cannot control this matter. There are reports that different people are borrowing money from her. We decided that we would make a power of attorney, open an online bank so that nurses could transfer payments to cards and pay for housing and communal services, — Alexander Ivlev explained. — The cost of leaving, of course, is twice as much as a pension, but this is at least some help.
He called a notary to the house for 7 thousand rubles, who wrote a power of attorney for his wife. According to the document, Sberbank in the name of the pensioner calmly opened an account, issued an online bank and issued a card.
— We were happy only for one day. We installed the application, did not manage to do anything, when a message appeared: “Fraudulent transactions are being carried out in your online bank. Your online bank is blocked. » Not even a single transaction went through, and the account was completely empty. And Sberbank has already determined that this is a fraud. We went to the bank. The documents were all in hand. Received the answer: «You are not entitled to unblock the online bank by power of attorney.»
Then the bank blocked the card.
— A message comes: “Your card is blocked. Contact the nearest branch. » And we already went to the department, where the employee told us: «You do not have the right to apply to Sberbank with this power of attorney.» Although it says that the wife can represent the interests of the mother in all banks on the territory of the Russian Federation, including Sberbank. The notary for drawing up the power of attorney, when he came, made sure that my mother was in her right mind, and assured everything. But any notarial actions for Sberbank are somehow unimportant. And the bank began to say: “The bank is indicated, not the online bank. It is necessary to indicate. » Call a notary again and re-register everything so that they can write it down? But there is a phrase in the power of attorney that I can «perform financial transactions using financial instruments.» They replied, «Online banking is not an account management tool.»
The man went to another department.
— With very great difficulty we submit an application to unblock the account. With difficulty they persuaded him to accept. We had barely reached home when an SMS arrived that the online bank and account would not be unblocked. Mom has not left the house since 2016, she cannot go up and down. And one head of the department demanded: «Bring her here, I will look at her.» At first we thought that we would call the transportation of the sick, although this service costs a lot. And then I thought, why are we going to give him this pleasure? Because, apart from pleasure, to perform such mocking actions — I, in principle, do not see anything here. I invited the employees to come to my mother’s house themselves. As far as I understand, we will not receive our pension now.
Why the bank accuses his family of fraud, Alexander Ivlev failed to find out.
— Tried to find out why it happened. They replied: “This is our internal affair. Our experts are sitting, they have determined that you are swindlers. » I told them: “If you send every fraudster so that he comes to the office with documents, you will probably catch them all soon. Because they will come to you immediately with certificates of release. » This does not affect them in any way.
Now the woman’s relatives are waiting for a written response from the bank and, if the situation is not resolved, they intend to go to the prosecutor’s office. They submitted screenshots of messages from the bank and a power of attorney to the editorial office.
What did Sberbank answer
The questions of the NGS correspondent in the bank were actually left unanswered, referring to personal data.
— The requested information belongs to the category of information containing the client’s personal data. This information cannot be transferred to third parties. To resolve any service issue, our client just needs to contact the bank through the feedback form. If for some reason it is inconvenient or impossible, then we recommend calling the short number of the contact center: 900.
The question of the power of attorney in the bank was also left unanswered and did not explain how the work is structured when a person comes to the branch with this document.
What does the law say in this situation?
Lawyer Konstantin Zinoviev explained that Sberbank has no right to demand any special notes in the power of attorney.
— It can be seen that Sberbank’s right hand does not see what the left is doing. For some reason, they were able to issue the account and card initially by proxy. But this is a fairly bony structure. Sberbank is wrong in refusing to resolve the issue of a client who came with a power of attorney, the lawyer is sure.
He advises the woman’s son to first contact the bank’s legal service, and if there is no reaction, move on.
— You need to file a complaint with the prosecutor’s office and Rospotrebnadzor. And you can also file a claim in court. Human rights are being violated. The power of attorney should not contain the name of the bank and any specific products of the bank. The bank clerk wants to live safely and so that no one can squeeze him — so that everything is detailed. And this is simply impossible. Tomorrow there will be some new financial product from Sberbank, also linked to the corresponding account. And what should they do then? Also call a notary again and register this too? We are not aware of Sberbank’s fantasies. As a lawyer, I have a power of attorney from clients to represent interests in court. It is not written in which one. The situation is the same here, — Konstantin Zinoviev is sure.
Last week we talked about how a resident of Novosibirsk suffered from the actions of telephone scammers who issued a loan for her for 500 thousand, and then withdrew all the money from the account. Now the bank refuses to cancel the transaction.
