Application for refund of money on account. Sample letter for refund. Refund to the buyer in cash who paid to the bank account

Return letter Money a sample of which is given in the article, send if you mistakenly transferred money to someone else’s account. We will also consider the actions of the recipient of the letter for a refund.

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Erroneous debiting of money from a current account involves two situations:

  • the write-off occurred as a result of a company error, for example, if the accountant incorrectly indicated the recipient in the payment order, the contract was terminated or the funds were returned in accordance with the terms of the contract, an overpayment occurred;
  • The bank made a mistake.

When should I send a refund letter?

In case the company made a mistake. The payment may indicate the recipient of the funds or the details of the recipient of the funds incorrectly.

In the first case, the recipient's details are correct. There are no grounds for transferring money to him.

If the bank has accepted the payment for execution, but has not yet written off the money from the current account, recall the payment. Credit institutions usually provide revocation rules in their internal regulations and bank account servicing agreements.

If the bank has already debited the amount from the account and the recipient's bank has made a credit to his account, prepare a letter about the return of funds and send it to the recipient.

The legislation does not contain a clearly established form for a letter for a refund. Compose it in any form. You can use company letterhead. Be sure to indicate in the form:

  • details of your company, including bank details;
  • name of the erroneous recipient, full name of the general director.

In the body of the letter, indicate the reasons for the erroneous transfer of money, the amount, reasons and terms of return. Attach all required supporting documents.

You can also give reasons for a fine or penalty for non-return of money, which are established by law and the provisions of the contract.

Example of a letter for a refund

A letter for a refund is considered a business correspondence document. Keep it for five years.

If the amount is discovered in error, the recipient will be required to return it. He has no legal right to use this money in accordance with the provisions of Article 1102 of the Civil Code.

The return of funds in the second case, when the bank made a mistake, depends on who discovered it. It could be:

  • bank at the time of debit;
  • a bank serving an erroneous recipient at the time of receiving money to a correspondent account;
  • incorrect recipient according to information from the statement.

The bank that serves you will notify you that it is unable to write off money from your account. Banking programs, as a rule, automatically check payment details for compliance. If a discrepancy is detected, the operation will be blocked.

The recipient's bank will also not be able to find a client with erroneous data and will return the money to the bank servicing the company.

If the money does end up in the wrong recipient’s bank account, the company has the right to file a claim with the recipient’s bank. It is he who in this case is the violator of the rules of committing banking operations. The company can go to court to challenge the wrongful withholding of funds and recover interest. They are accrued from the day following the day when the money was credited to the account of the erroneous recipient, inclusive of the day of return to the payer’s current account.

If you receive a letter to the supplier asking for a refund

The supplier may receive a letter about the return of funds when a transfer error was made by the payer. You can check whether the amount has been received using your bank statement.

Notify the bank where you have a current account of such erroneous crediting. This must be done within 10 days from the date of receipt of the extract.

You can request a notification form from the bank. As a rule, it is in its internal documents.

If the bank does not have such a form, create it in any form.

Sample letter for refund of overpayment from supplier

You are obliged to return the erroneously transferred amounts to the payer due to the requirements of Article 1102 of the Civil Code. The transfer was made without legal or contractual grounds. Accordingly, you have no rights to dispose of these funds.

Attached files

  • Letter form for refund.doc
  • Application form for erroneous crediting of money to account.doc
  • Example of a letter for a refund.doc
  • Example of a statement about the erroneous crediting of money to an account.doc

When purchasing a product, a citizen may receive low-quality products or realize that he does not need the item. As a result, there is a need for a refund. However, the organization cannot simply provide the required amount. The procedure must be formalized legally correctly. To implement it, it must be drawn up claim for refund. We will talk further about the rules for drawing up the document, the nuances of submitting paper, as well as the time frame within which a decision must be made.

In order for a document to be considered, it must be drawn up in accordance with established standards. It is important to reflect the required information on the paper. Drafting the document yourself can be problematic. Therefore, experts advise downloading a sample claim for a refund.

Compilation rules

The law requires filing a claim for a refund of funds as part of pre-trial dispute resolution. Wherein special requirements does not apply to the content of the document.

However, it is important to comply with the following rules when filing a claim for a refund:

  • state requirements clearly and concisely;
  • avoid grammatical errors;
  • adhere to a business style.

When figuring out how to write a claim for a refund, a citizen will find out that it is drawn up on a standard A4 sheet. Typewritten or handwritten text may be used. Submitting an oral claim is not considered compliance with pre-trial settlement standards. Additionally, experts advise following the structure of the application. It must comply with the standards on the basis of which claims are drawn up. The rules are enshrined in the Code of Civil Procedure of the Russian Federation.

The requirements are as follows:

  • Initially, a claim header for a refund of funds is drawn up. It is located in the upper right part of the sheet. The full name of the organization against which the claim is being made is indicated here. It is important to reflect the legal form of the company, indicate it legal address.
  • Information about the person heading the institution is recorded below. This could be a manager, general director, or chairman of the board. If a citizen does not know the person’s position, it is enough to indicate “manager”.
  • Next, you need to reflect information about the citizen submitting the claim. It is mandatory to record your full name, place of residence, as well as information for operational communication. This could be an email or a phone number.
  • The name of the claim is indicated. It is placed in the middle of the sheet.
  • The essence of the requirements is recorded. It is important to indicate the date of purchase, the amount of money paid, the presence of an invoice and a receipt.
  • The reasons for which there is a need to return the goods and receive funds are indicated.
  • The claim for a refund includes: regulations allowing the applicant to make a claim. It is important to refer to specific standards.
  • The requirements put forward are reflected. It is important to reflect the time within which a representative of the institution must respond to the complaint. It is necessary to act in accordance with the norms of current legislation. Thus, the law on the protection of consumer rights states that government agencies and structures are required to respond within 30 days. For individuals, the period is reduced to 10 days.
  • Indicate the desired form of response to the complaint. The applicant may ask the organization to communicate its decision regarding e-mail or in classical writing.
  • A list of documentation attached to the application is recorded. The documents must substantiate the submitted claim. The attachments can be a check, a sales contract, an inspection report, an acceptance certificate, an examination report.
  • The date of filing the claim, the signature of the applicant, as well as his last name and initials are indicated.

It is permissible to contact the authorized body with a claim through a representative. In this case, a document certifying the authority is attached.

The nuance of paper design

If a citizen wants to send a letter of claim for a refund of funds, he must remember a number of features. Thus, the application must be correctly completed in 2 copies. They must be identical to each other. The first is provided to the addressee. On the second, a representative of the organization must put a signature. The documents remain with the consumer. The date of receipt must be indicated. The seller who accepts the claim must indicate his name and sign. It is desirable to have a stamp.

In practice, a representative of the organization may refuse to accept the application and return the money for the product. In this case, you must send the claim by mail before writing a statement of claim. To be processed ordered letter with a list of investments and notification of delivery.

When the claim is received, the period given for the response begins to count. It starts the day after the presentation. If the document was provided by mail, the period is calculated from the next day after the date of delivery of the letter.

Methods of circulation

Today the claim is quite often used in legal relations. Moreover, the authors of the document can be legal and individuals. If business ties have been established between the partners, it is enough to provide the relevant document to electronic form. It is necessary that such a method of relationship be stipulated in agreements. If the case goes to court, this will be enough.

However, ordinary citizens apply in writing. Moreover, the document form is sent officially. To do this, you need to hand over the paper in person. The document is provided to the person authorized to receive incoming correspondence. If the recipient is located far away, the claim is sent by mail. It is recommended to make an inventory of the attached documents. The second copy, supplemented by shipping receipts and a copy of the list of attachments with the postal worker’s marks, will act as evidence of compliance with the pre-trial order.

Period of execution

The period within which consumer claims must be fulfilled may vary significantly. It all depends on who the documentation is sent to.

If the corresponding requirements are put forward to municipal and government agencies, the answer must be given within 1 month. When a person interacts with private organization or individual entrepreneur, the response is provided within 10 days.

It is important to consider the time it will take for postage to arrive. The deadline will be extended by another 2 weeks. The situation changes when the claim is personally served on the recipient. The period begins on the second day after receipt. The letter can be tracked using the track number through the official website of Russian Post.

The recipient has the right to do the following:

  • ignore the received document without providing any response;
  • satisfy the requirements in full;
  • recognize the applicant's claims partially and offer options for further resolution of the dispute;
  • report that the demands are unfounded and refuse to satisfy them;
  • ask the applicant to clarify the requirements put forward.

The last answer can be used to delay the resolution of the dispute. Further actions directly depend on the response received. The applicant may file a second claim. The law does not limit their number. The alternative is to go to court. Rejection of demands is already grounds for filing a claim.

Going to court

If the company refuses to satisfy the claim, the complainant has the right to file a statement of claim. The application must be drawn up in a legally correct manner. It is necessary to justify the requirements. It is better to seek help from specialists. Requirements for statement of claim, are reflected in the Code of Civil Procedure of the Russian Federation.

The document must contain the following information:

  • The name of the authority to which the statement of claim is filed, as well as the address of its location.
  • Personal data of the applicant and information for prompt communication. If the statement of claim is submitted by a trusted person, it is important to reflect information about him.
  • Information about the defendant. The organizational and legal form of the company and its legal address are recorded. When the defendant is an individual entrepreneur, his full name, place of residence and other information that allows him to be identified must be indicated.
  • Information about third parties involved in the proceedings. Rospotrebnadzor often plays a similar role.
  • Claim. The price is always expressed in national currency.
  • Title of the claim document. It is written in the middle of the sheet.
  • The main essence of the appeal. The data is presented on a new line. It is necessary to supplement the information contained in the statement of claim with references to the norms of current legislation.
  • Confirmation of the fact of the dispute resolution procedure. It is important to reflect how the defendant responded to the presentation of the claim.
  • Links to the norms of current legislation that allow you to contact the authorized body with a statement of claim.
  • The requirements put forward and the attached documents.
  • Date of filing the claim, signature of the applicant, his surname and initials.

If the applicant is represented by an authorized representative, it is important to supplement the application with a copy of the notarized power of attorney.

Where to file a claim

Initially, it is necessary to determine which court has jurisdiction over the current situation. The procedure is carried out by the plaintiff. If the application was made to the wrong authority, the documents will be returned. If the cost of the claim does not exceed 50,000 rubles, it is necessary to apply to the magistrate’s court. When the cost is higher, filing papers in a city or district court is acceptable. It is also important to take into account the sign of territoriality. By general rule the statement of claim is sent to institutions located at the location or residence of the defendant. However, the rule does not apply if consumer rights are protected. In this situation, it is permissible to submit papers at the plaintiff’s place of residence.

The amount of state duty for consideration of a claim

If a financial claim is made, its amount is taken into account. When the proceedings are carried out in accordance with the provisions of the law on the protection of consumer rights, there is no need to deposit funds if the cost of the claim does not exceed 1 million rubles. However, in practice, several requirements may be present at once. For each of them, the state duty is paid separately. Its size is fixed in the Tax Code of the Russian Federation.

When will they consider

Having received the statement of claim, the judge checks whether the documents comply with the requirements of the Code of Civil Procedure of the Russian Federation. Then it will be examined whether the state fee was paid if there are no grounds for preferential consideration. After this, a date for the preliminary hearing is set. The plaintiff and defendant will be notified. Subpoenas will be issued for this purpose. In this case, it is provided to the other party with the attached documents. If a third party is involved in the proceedings, they will receive a copy of the application.

If inconsistencies are identified in the statement of claim established requirements a ruling is made to leave the claim without proceeding. The applicant is given time to eliminate the deficiencies. Then a meeting day is determined to consider the claim on its merits. The judge is given 2 months to make a final decision on the claim. However, in practice the period can be significantly extended. The decision on the claim may be caused by subjective or objective reasons. So, if the defendant does not appear, the hearing may be postponed. The illness of one of the participants in the procedure also becomes a reason for prolonging the proceedings. If expertise is needed, this will also take additional time.

In business, situations often arise when paid supplies, goods or services do not suit the customer for some reason. In this case, you should find a sample letter for the return of funds and study the rules for filing a claim in each specific case in order to draw up your own document.

Why write a letter asking for a refund?

Each document is important for making a decision on the recovery of funds received by the defendant in court. In the case of a letter of refund, this is also part of the procedure that must be completed in order to create a package of claim papers. Claims from individuals and legal entities have various shapes. An application to request a refund of payment is submitted by an individual in cases where the product or service:

  • incorrectly paid;
  • paid but not delivered;
  • an excess amount has been deposited;
  • in case of returning goods due to defects or refusal of low-quality services.

As for legal entities, the situation here is as follows: a letter is sent to the counterparty, who for any reason has violated contractual obligations, demanding the return of the transferred amount.

The document contains information about the party making the claim (for an individual, his full name, address, telephone number, the legal entity draws up a paper on letterhead, which already contains this information and details). At the top left is the address of the company and the responsible official authorized to make decisions on this issue. What follows is a statement of the essence of the problem, as well as a list of attachments, signatures of managers and the seal of the company or enterprise. The documents provided must be well thought out, correctly drafted and executed.

Design rules

For situations related to refunds, there is a certain algorithm:

  1. First you need to prepare documents confirming payment.
  2. A claim is drawn up on company letterhead, indicating necessary information. It is signed by the head of the enterprise or organization, as well as the chief accountant, and certified by a seal.
  3. The letter is sent in a package with copies of payment slips, checks, receipts and other evidence of money transfer.

Sample letter for the return of erroneously transferred funds
To return erroneously transferred funds, you need to write a letter for a refund from the supplier, a sample of which is as follows:

  • the header of the document indicates the details of the recipient of the claim;
    the title “Letter” is indented in the center of the sheet;
  • a statement of the essence of the claim, indicating the reason, a link to the document regulating the financial relations of the parties (contract, agreement, etc.);
  • The following is a request for the transfer of erroneously credited funds to the company’s current account.

The document is signed by the manager and Chief Accountant, the paper is certified by the seal of the organization, company, institution, and registered in the journal of outgoing documentation.

Sample letter for refund of overpayment

As a rule, the parties regulate their commercial relations on a contractual basis. Failure to return funds is a violation that must be confirmed by a reconciliation report in two copies and documented by certifying the papers with signatures and seals on both sides. After this, the amount (accounts receivable) is determined, which the counterparty is obliged to transfer to the accounts of the enterprise that made the payment. This amount is indicated in the return letter.

Example of a letter requesting a refund for an item

Often, consumers are faced with the problem of purchasing a defective product, and this is discovered after its cost has been entered into the cash register. In this case, returning the goods and money is one of the options provided by law. The client must draw up a free-form application in two copies, indicating the data trade organization, your full name, address and telephone number, and then state the essence of the complaint.

What to do if the counterparty does not return the money

The legal entity must return the funds or goods within 7 days after delivery of the claim. If this is refused, the applicant has the right to demand funds from the debtor, taking into account interest on the amount not received. For individuals, the return period is 10 days.

An oral or written refusal to return the amount specified in the reconciliation report or an individual’s application is grounds for going to court to resolve a financial dispute.


During mutual settlements between the seller and the client, different situations arise. In what cases is a refund necessary, how to process it, what types of product returns are there from customers? These questions are answered further in our article.

The process of returning money according to the reconciliation report

Overpayment is sometimes a common phenomenon in commercial work. There are several reasons for its occurrence:

  • careless error - in the addressee's details, in the amount;
  • when the goods/materials were returned after payment was made on the original invoice.

In this case, you need to contact the counterparty’s accounting department, reconcile the accounts, sign the reconciliation report and agree on the return of the amount.

How to return the money transferred by mistake?

The initial document for the possibility of reversing incorrectly transferred funds is the reconciliation report. Next, when the counterparty, having signed the deed, confirms this amount, you need to write him a letter asking him to return the money.

The letter is the basis for the return, without it, the accountant of another company does not have the right, at his own discretion, to transfer funds to another account, even if the reconciliation shows a negative balance.

A letter for a refund from a supplier based on a reconciliation report is written in free form on the official letterhead of the enterprise.

Is an act of issuing money drawn up when returning goods?

Customers have the right to return goods within 14 calendar days from the date of purchase. This right is already familiar to everyone and has been used successfully for a long time.

Citizen buyers know how to return a purchase and get their money back.

Necessary:

  • write a statement and present it to the administrator;
  • keep and present the receipt with the application;
  • return the goods.

In fact, the law provides for the exchange of goods for an analogue or substitute until an identical product goes on sale (for non-food products). But in practice, sellers simply make returns. It's simple and quick way close the question. In this case, according to the law, the money must be returned no later than three days.

What actions does the seller take after the buyer submits the application and receipt?


If you want to return the product on the day of purchase, you must:

  • Accept an application and check from the client;
  • Prepare an invoice. The sender is the buyer,
    The recipient is the seller organization;
  • Make a refund from the same point of sale through which the purchase was made. Refunds must be made before the cash register closes and the Z-report is issued.
  • At the end of the shift, it is necessary to issue a certificate of return of funds to the buyer (KM-3);
  • The refunded amount is displayed in the cashier-operator's journal and the certificate report. If in point of sale several payment points, the senior cashier indicates the amount returned in the summary report for all cash points.

If the return does not occur on the day of purchase, the seller will process it as follows:

  • Accept an application, a check, ask the buyer to present a passport;
  • Create an invoice for the goods. It is signed by both the seller and the buyer;
  • The amount is returned within three days from the main cash register of the enterprise according to the cash receipt order upon presentation of the applicant’s passport;
  • The cash order is displayed in the cash book.

How are funds returned for goods paid for by credit card?

According to the law, funds can be reversed only to a card. You should not confuse payments using a cash register and a non-cash account.

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

On the letterhead in the upper right corner write: “To the Manager”, “Chief Accountant” and the name of the company that must return the money.

Next, you need to describe the situation, for example, with the phrase: “To your current account #_, the company (name of your office) mistakenly transferred funds in the amount of _ rubles, including VAT in the amount of _ rubles.

Please return the specified amount to the current account (indicate the details of your account). The reconciliation report was signed on the date (specify date).”

If the reason for the transfer is different, you must indicate it: “We ask you to return to the current account # _ the amount of overpayment in the amount of _ rubles, including VAT_ rubles, which resulted from the return of goods according to the invoice #_ document date.”.

Sample letter

There is no unified letter template, but its structure can be divided into several parts:

  • Letter header: the sender and addressee are indicated in the upper right corner;
  • Main appeal. This text contains a request for the return of money and a reason;
  • Claim part. You can write in it that if you refuse, you will go to court. If the funds were transferred by mistake when entering the details or amount, it is better not to write a claim. It is advisable to maintain a neutral tone of the letter;
  • In the final part, you must indicate the details to which you want to transfer money;
  • Signature of the chief accountant and date.

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A letter to offset the overpayment to the supplier is very useful if, under any agreement with a counterparty, there is a larger difference in payment for services or goods.

FILES

Reasons for overpayment

Overpayment between counterparties can occur for a number of reasons:

  • The simplest of situations. Due to an error by an accountant or other person responsible for transferring funds, more money was transferred to the supplier’s account than it should have been.
  • If the supplier has delayed a delivery for which funds have already been transferred. If the agreement between organizations does not stipulate otherwise, then the recipient in this case may refuse to accept the goods altogether. This is clearly stated in Article 511 of the Civil Code of the Russian Federation, paragraph 3.
  • Refusal by the buyer of a product due to its low quality (defects, etc.). If the supplier in this case has already been paid an advance, then an overpayment arises (Article 523 of the Civil Code of the Russian Federation).
  • The agreement under which the funds were transferred was terminated by one of the parties. In this case, there is, of course, no talk of offset by future supplies or services.

Before drawing up a letter about the offset of the overpayment, you need to make sure that the calculations by the organization’s accounting department were made correctly. To do this, the supplier is asked to draw up a bilateral reconciliation report. This will allow you to reach a common opinion regarding the amount of the overpayment.

Composition of the letter form

Typically, this kind of paper is printed on the organization’s letterhead. On their upper part are the company details. If business letter is printed on a regular A4 sheet without notes, then at the very top you must indicate the name and basic data of the organization that is sending the message.

The letter must contain:

  • Information about the addressee. Full name of the head of the supplier’s organization, his position, the name of the company itself.
  • Document Number. It is needed for subsequent accounting and recording of outgoing documentation.
  • Date of signing.
  • Title of the paper.
  • The amount of overpayment. It must be clearly known to both parties.
  • To which account the payment was made (link with document number and date).
  • What to do with the overpayment: return it or offset it against payment for subsequent deliveries (or provision of services). If there is information about the number and date of the account to which the overpayment should be credited, then it is indicated.
  • Please offset the overpayment against future payments if a specific account number is not available.
  • If necessary, the amount of VAT.
  • Signature, position of the head, seal of the organization.

Options for behavior

If an overpayment occurs, there are two options: a refund or offset against other agreements. Sending an overpayment offset letter to a supplier involves the first option, so it should be specific about what action is expected of the supplier.

Options for replying to a letter

The supplier may agree to the terms proposed in the letter, or may refuse them. Also, if you refuse, he will probably offer his own way out of the situation. For example, it will be much more convenient for the supplier’s accounting department (and more profitable for their manager) to transfer excess funds back than to transfer them towards future deliveries.
The likelihood of such circumstances is especially increased by the lack of information on this point in the contract between organizations. Thus, the supplier may have to provide another letter requesting a refund of the overpaid funds.

What to do with VAT

If an incorrect payment (for goods not delivered, services not performed, etc.) was provided along with VAT, then the amount of this payment should be recalculated. The algorithm is as follows:

  1. If the advance invoice was issued by the supplier for an incorrect amount (one that was received in error or was exceeded), then it must be corrected. To do this, you need to send a letter to the supplier asking him to issue another advance invoice with the correct numbers.
  2. The supplier forwards a copy of the correct invoice.
  3. Then the entry in the organization’s purchase book is canceled. But this correction must be the exact number for which the correct invoice is issued.
  4. If the reporting quarter has expired, you will have to draw up an additional sheet for the purchase book, through which the marks on registered invoices are still corrected.
  5. The correct VAT is charged on the new invoice.

However, on the last point there is fundamentally important nuance. The amount that was overpaid is, in fact, an advance payment for future delivery. However, VAT should not be taken from it until the shipment or provision of services. After all, the contract (referenced by the correct invoice) indicates a different contract number with the supplier. And before the transaction is actually completed, the deduction will be illegal.

In the letter about offset of the overpayment to the supplier, be sure to specify under which specific agreement the overpayment arose and in what amount.

At the same time, indicate what you expect from the seller. For example, so that he can offset other agreements. Provide the number and date of the contract to which you are asking to transfer the overpayment. It is better to put live signatures and stamps on the document, send it by mail or deliver it with a courier. There are no trifles in business correspondence.

Extreme case

If the supplier somehow failed to fulfill his obligations (the delivery of the goods was not complete, there was inadequate quality, an unacceptable delay, etc.), then one letter about the offset of the overpayment to the supplier will not be enough. The organization will have to change the terms of the existing contract or terminate it altogether.

How long is the letter stored and where is it registered?

All business correspondence must go through the outgoing documentation log. It notes the main content of the letter, its number and date. This way you can confirm the existence of the paper if legal proceedings are subsequently held on this issue.

As for the storage period, for letters of this kind it is 5 years.

This is due to the fact that it is directly related to business connections with a supplier of goods or services. When these documents, the letter of request and the letter are systematized, the response to it is classified as a single matter. This is the only way to reconstruct the entire course of the correspondence and study the arguments and demands of both sides subsequently.