Active Edition from 10.07.1997
| Document name | "RULES FOR LENDING TO INDIVIDUALS BY INSTITUTIONS OF SBERBANK OF RUSSIA" (approved by the Board of Sberbank of the Russian Federation of 10.07.97 N 229-r) |
| Type of document | regulations |
| Host body | sberbank rf |
| Document Number | 229-R |
| Acceptance date | 01.01.1970 |
| Revision date | 10.07.1997 |
| Date of registration in the Ministry of Justice | 01.01.1970 |
| Status | valid |
| Publication |
|
| Navigator | Notes |
"RULES FOR LENDING TO INDIVIDUALS BY INSTITUTIONS OF SBERBANK OF RUSSIA" (approved by the Board of Sberbank of the Russian Federation of 10.07.97 N 229-r)
4. Procedure for loan repayment and interest payment
4.1. Loan repayment is made monthly in equal installments, starting from the 1st day of the month following the month of conclusion of the loan agreement<*>. The last payment is made no later than the date established by the contract.
<*>If the agreement is concluded at the end of the month, it is allowed to establish in the agreement the beginning of loan repayment and interest payment (clause 1.7 of the Rules) a month later.
If the Borrower's income is expected to decrease during the period of the loan agreement (for example, reaching retirement age), a payment schedule is drawn up, which provides for the repayment of most of the loan at the initial stage of the agreement. In this case, the amounts of payments are established subject to the following condition:
In the period attributable to working age, the amount of the lump-sum payment on the loan, together with the maximum amount of interest payment (for 30 days from the entire loan amount) must not exceed the value of Dch1 x K1 (see clause 2.2.8);
In the period attributable to retirement age, the amount of the lump-sum payment on the loan, together with the amount of interest payment (for 30 days from the balance of the principal debt at the time of retirement age) should not exceed the value of Dch2 x K2 (see clause 2.2.8).
In other cases, not related to the Borrower reaching retirement age, the schedule is drawn up in such a way that the amount of the first payment on the loan, together with the amount of the interest payment, does not exceed the value of Dh x K (see clause 2.2.8).
It is not allowed to draw up schedules in which the size of any one-time payment on the loan would be less than the size of any of the subsequent payments.
For loans for the construction or reconstruction of real estate, at the request of the Borrower, he may be granted a deferment in repayment of the loan for the period of its development, but not more than 2 years. In this case, when calculating solvency (clause 2.2.8):
t = loan period - the period of deferral of the beginning of the repayment of the loan.
Interest deferral is not available.
4.2. The borrower has the right to repay the loan or part of it ahead of schedule.
In case of early repayment of a part of the loan, the Borrower is obliged to make monthly interest payments on the remaining amount of the debt until the next payment of the principal debt is due.
4.3. Repayment of debt on a loan and payment of interest and penalties is made:
in rubles - in cash through the cash desks of institutions of the Savings Bank of Russia; transfers through communication companies; transfer from deposit accounts; through deductions from wages, pensions, etc.;
in foreign currency - by transfer from accounts on foreign currency deposits.
Payments on loans in foreign currency are made in the currency in which the loan was issued.
In the documents on the acceptance (transfer) of payments, the amounts of interest and penalties are indicated separately.
4.4. Acceptance of payments to repay the loan, payment of interest (and penalties) in cash in rubles is made with the issuance of a receipt f. N 31 or f. N PD-4.
4.5. Debt repayment by writing off amounts from the client's account on the deposit is carried out in the prescribed manner on the basis of the instructions of the depositor f. N 187 and f. N 190.
4.6. The date of repayment of debt on a loan (payment of interest, penalties) is the date when funds are received at the cash desk or on the correspondent account of the Bank (issued the loan) or the date the funds are debited from the client's account on the deposit, if the deposit is opened with the Bank that issued the loan.
The calculation of the period for calculating interest for using the loan begins from the date of formation of debt on the loan account (inclusive) and ends on the date of repayment of the debt on it (not including this date). Accordingly, for interim payments, the date of payment of interest is not included in the period for which this payment is made.
4.7. The amounts paid (transferred) by the Borrower to repay the debt under the loan agreement are sent, regardless of the purpose of the payment specified in the payment document, in the following order:
To pay a penalty;
For payment of overdue interest;
For the payment of urgent interest;
To pay off overdue loans;
For the repayment of urgent debt on a loan.
Accrual and payment of interest in advance is not allowed.
4.8. If the Borrower does not receive payments before the end of the calendar month, the amounts of late payments on the last day of the month are credited to the accounts of overdue loans and overdue interest.
4.9. Upon receipt of payments from the Borrower, the accountant calculates interest and penalties in the following order.
If during the period for which interest is accrued, the balance of the debt on the loan increased, then interest is accrued separately on the balance of the debt after the previous payment and on the amounts for each disbursement of the loan for the number of days during which the debt for each amount was registered.
If during the period for which interest is accrued, an overdue debt has formed, then interest is accrued separately for each balance of the debt, both urgent and overdue, for the number of days during which the balance of the debt remained unchanged.
According to the agreement, the amount of the lump-sum loan payment is 10 thousand rubles; interest rate - 45% per annum; penalty - in the amount of double the interest rate. The last payment was made on January 10; the balance of the debt on the loan from January 10 - 100 thousand rubles; There are no arrears as of this date. The client makes the next payment on March 15 in the amount of 25 thousand rubles.
The accountant must perform the following operations.
1) to attribute 10 thousand rubles to the account of overdue loans. - planned payment for February.
2) calculate interest for the period from January 10 to February 28 (not including this date) and charge them to the overdue interest account:
| 45% | ||||
| ______ | x 100 tr. x 48 days | = 6.0 tr; | ||
| 360 days |
| 45%x2 | ||
| ________ | x 6.0 tr. x 15 days | = 0.2 tr; |
| 360 days |
| 45%x2 | ||
| ________ | x 10 tr. x 15 days | = 0.4 tr; |
| 360 days |
| 45% | ||
| ________ | x 90 tr. x 17 days | = 1.9 tr; |
| 360 days |
To pay a penalty - 0.6 thousand rubles. (0.2 tr + 0.4 tr);
For payment of overdue interest - 6.0 thousand rubles;
For the payment of urgent interest - 1.9 thousand rubles;
To pay off overdue debt on a loan - 10 thousand rubles;
To pay off urgent debt on a loan - 6.5 thousand rubles. the last completed line is the inscription "Loan repaid" and certifies it with a signature. At least once a month, the accountant sends a memorandum of repaid loans (list) to the lending unit, indicating personal accounts and Borrowers.
The loan officer, on the basis of a note from the accounting department, draws up a request for the withdrawal of loan documents from the cash operations department signed by the head of the Bank or another authorized person.
After transferring the packages of documents in the prescribed manner from the repository to the lending unit, the loan officer:
Stitches packages with credit cases and prepares them for transfer to the archive;
Enters information about the repayment of loans into the database;
Makes a note about the closure of the account in the journal of registration of credit agreements.
When there is a need for money, we only think about how to get a loan. But about the repayment of the loan, as a rule, there are no questions. It seems that it is quite simple - I will go and cry. But how, when, where and to what extent? Thus, already at the stage of obtaining a loan, the borrower should think carefully about its return. It does not hurt to find out about the possibility of early repayment of debt on a loan, about the available methods of repayment with and without a commission, about the possibility of prolongation (including restructuring and refinancing), about the date and amount of the next installment, about possible penalties from the lender in case of delay (anything happens), and, finally, about the order in which the money accepted by the bank (MFI) from the borrower will be paid off. And this is not a complete list of information about which you need to have an idea.
We must know our rights and obligations, which are given to us not only by the loan agreement, but also given to us by legislation, in particular, federal law No. 353-FZ “On consumer credit (loan)” (we wrote about it in detail). By the way, without exaggeration, it can be called the bible of every debtor.
In the article, we will talk about the main nuances that a borrower may encounter during loan repayment, and give some tips on how to repay the loan correctly.
Interest calculation procedure
Any loan begins with an agreement, but even before its execution, the borrower may be offered to choose a repayment scheme. Two schemes are known: differentiated and annuity. Recently, the borrower is less likely to make his choice in favor of the first scheme, now the most common annuity payment, which by default is an integral part of the conditions for obtaining a loan. This is connected, by the way, not only with the benefit for the creditor - for the applicant, such a scheme also provides many advantages. For details, we send you to, but here we will only highlight the most important.
So, any next payment date in the payment schedule consists of the amount of the main debt (loan body) and interest (payment for the loan taken, in other words, the lender's remuneration). At the same time, depending on the loan repayment scheme, interest can be accrued:
1. For the balance of the debt. In this case, we are talking about a differentiated (or classical) scheme, which is now difficult to meet in the bank lending market. Under this scheme, the loan body is divided into the number of equal payments in proportion to the loan term, after which interest is added to each equivalent amount, which is charged on the balance of the debt. The first payments are the largest (they include interest on most of the debt), and the last payments are the smallest. Every month the amount of the payment decreases. This feature is both an advantage (the overpayment on a loan is less) and a disadvantage of a differentiated payment, since the borrower increases sharply at the very beginning of the payment schedule, due to which the bank may refuse to issue a loan.
2. According to the annuity scheme. In this case, the payment schedule consists of identical payments, each of which consists of the loan body and interest accrued on the balance of the debt. Due to the peculiarities of interest calculation, initial payments consist of a very low share of principal and a high share of interest. In fact, the interest on the loan is paid first, and only then, at the end of the loan term, the main part of the loan body is paid. This is not entirely beneficial for the borrower (the final overpayment is larger compared to the classical scheme), but at the same time, this gives him the opportunity to lend in large enough amounts - all payments are the same, which means that the loan burden will be within the limits established by the bank or the law. Actually, this is why this payment scheme has become predominant.
The above repayment schemes relate to classic types of lending, where the loan is issued at a time. But there are also those for which the loan is issued gradually and in installments, for example, on a credit card. card, a credit limit is set, within which he can be credited by paying on the card (or withdrawing cash from it).
In this case, interest is calculated as follows (they are calculated at the end of each day):
- From the moment the first "tranche" is issued, the amount of interest is calculated based on its value.
- From the day when the bank issued the second tranche, and until the day of the next repayment, interest is calculated based on the total debt, and so on.
For example, a loan (and its first tranche) was issued on September 10 in the amount of 100 thousand rubles. The repayment schedule stipulates that the loan will be repaid on the 5th of each month (respectively, the first payment will take place on October 5). On September 15, the bank issues the second tranche in the amount of 50 thousand rubles. Interest will be calculated:
- for the period from 10 to 14 September - based on the amount of 100 thousand rubles;
- for the period from September 15 to October 4 - at the rate of 150 thousand rubles.
If in the previous interest period the borrower made a late payment, then interest is calculated separately for each type of debt - urgent and overdue (in the form of a penalty for each day of delay), and is reflected in the relevant accounts.
Loan repayment methods
According to existing legislation (Law No. 353-FZ), the consumer credit (loan) agreement must specify the ways to fulfill monetary obligations under the agreement, including the FREE METHOD (without commissions). Moreover, in this way, you can make a payment in the locality at the place of receipt by the borrower (proposal to conclude an agreement) or at the location (residence) of the borrower specified in the agreement.
Usually, you can pay off for free in cash through the cash desk of the bank or at ATMs (terminals) with the function of accepting cash. It will be safer, and the money will reach your loan account almost instantly. But you can also be offered many ways to repay, including without charging a commission. It can be:
- interbank transfer from another bank;
- payment in payment terminals of well-known payment systems (QIWI, etc.) and in mobile communication stores (Euroset, Svyaznoy, etc.);
- Postal transfer;
- electronic money from Internet wallets (Yandex.Money, WebMoney, QIWI, etc.);
- transfer from a card through an Internet bank (by the way, some banks do not charge a commission for an interbank transfer through their Internet bank, which is very convenient).
Please note that in cases of refunds through partners and third-party services, all responsibility for the timely appearance of money on your current account lies solely with you. It does not matter to the bank where and when you sent the payment, it is important that it be on the payment date on your current account. Therefore, make it a rule to transfer the next payment at least 3 working days before the date of payment under the agreement, if you are not sure about the terms of crediting by the method you have chosen.
The order of repayment of debt by the bank
The payment made under the loan agreement repays the debt of the borrower in the following order:
1. Arrears of interest;
2. Overdue principal debt;
3. Penalty (fines and penalties) in the amount determined by the contract (the amount of the penalty should not differ from the requirements of the law, see below)
4. Urgent interest (accrued for the current payment period);
5. The amount of the principal debt (loan body) for the current payment period.
Please note that according to the law (that is, this is not a whim of banks and microfinance organizations), obligations to repay overdue payments plus interest on them, as well as a penalty, are fulfilled first of all. And lastly, the main debt is paid off.
At the same time, it does not matter at all what purpose of payment was indicated at the time of depositing funds to the current account - the order of payment does not change from this. Therefore, if the debtor, who made a slight delay, decided that, according to the payment schedule, he would make the next payment stipulated by the contract, then he may be mistaken. The bank will first credit the penalty, and the entire remaining amount will go to repay the principal. As a result, it turns out that the borrower does not fulfill its obligations under the agreement (does not make payments on time), which threatens with new fines, a damaged credit history and problems with the lender themselves.
Please note that we are talking about replenishing your current account, and not a loan account in a bank. Just a few words on this subject.
Does a borrower need a loan account to repay a loan?
On the Internet, you can find the opinions of some cunning comrades who recommend finding out the loan account number in the bank and making a payment directly to it. So, in their opinion, it is possible to circumvent the restrictions on the order of repayment of debt on a loan, among other things, established at the legislative level.
The loan account is an internal accounting account (begins with the numbers 455). It is mandatory opened by the bank when issuing any loan and is intended to account for the debt of the borrower. The basis for opening such an account is the fulfillment of the instructions of the Central Bank of the Russian Federation. The consent of the borrower is not required for its opening.
A current account is opened on the basis of a bank account agreement (at the mutual will of the bank and the client), which is usually concluded together with a loan agreement. The current account number (usually starts with the numbers 408) appears in the loan agreement, and it is from it that the bank undertakes to write off the required amount to pay off the debt on the date of the next payment. That is, the borrower ensures that the required amount is available on the current account (by any method provided for by the agreement), and on the payment date, the bank debits it through internal accounting entries, observing the order of repayment. Only in this case, the relationship between the borrower and the bank will not go beyond the law and the terms of the contract.
Thus, the borrower does not need to know the loan account number to repay the loan, it is enough for him to credit the required amount to the current account in a timely manner, and then the bank will do everything right. The desire of some comrades to deposit money directly into a loan account, ignoring the penalty, is contrary to the law. Extended arguments in favor of this statement, and details about the loan account, you can see at.
Full and partial early repayment of loans
There are 2 types of early fulfillment of obligations: full and partial.
In case of full early repayment, the debtor pays the balance of the principal debt and the interest accrued on it up to and including the date of repayment. The need to pay interest on the actual day of return is directly stated in Law No. 353-ФЗ “On Consumer Credit (Loan)”. Thus, the law expressly prohibits the bank from accruing interest for the entire term of the loan in case of its full early repayment (hereinafter referred to as RAP).
It is not recommended to calculate the amount of the RAP yourself (for example, using loan calculators on various Internet resources), you may not guess the exact amount or not take into account any payment - let the bank employees do it.
In case of partial early repayment (NPV) of a bank loan, an amount is paid that exceeds the established monthly payment, but is insufficient for the full fulfillment of obligations under the agreement. As a result of such repayment, the amount of the monthly payment or the loan term may decrease - it all depends on the policies of specific banks, some of which provide borrowers with the right to do so.
Early repayment of the loan in parts is the fastest and most profitable way to get rid of it (in the sense, to fulfill all obligations under the contract). With an annuity, the most common method of repayment, we recommend that you carefully consider the NPV strategy. Which way is better to go: reduce the amount of the monthly payment, but leave the term of the loan, or leave the payment the same, but reduce the term of the loan. Ours will allow you to make this difficult choice.
If anyone is not in the know, the same 353rd law entitles the borrower to repay the entire loan amount ahead of schedule within 14 (fourteen) days from the date of its receipt without prior notice to the lender. Also, the borrower has the right to repay the entire loan amount or part of it ahead of schedule with prior notice to the lender at least 30 (thirty) days before the expected repayment date.
If the bank is not properly notified (the application for the RAP or NPV is not drawn up), and the borrower deposits money into the current account, then the next payment will only be cleared, and the cash difference will remain “dead” capital in your account. Banks require that they be notified in writing, and, for example, MFIs are more loyal in this matter (mostly they work completely online) and make early repayment at the request of the client, which can be expressed by phone or in the personal account of the borrower on MFI website - without the personal presence of the debtor.
The legislation establishes that any types of early repayment cannot be subject to any fines and commission fees. If your bank insists on paying such fees, only litigation or a complaint to the Central Bank of the Russian Federation will help you. Look, in case of violation on their part of the rights of the borrower.
If you want to more thoroughly study your rights in case of early repayment, given to you by law and agreement, then we direct you to. There you will also find up-to-date information on the return of insurance after early repayment of the loan.
If the loan is overdue?
Not the most pleasant situation is a deviation from the payment schedule due to various life circumstances, i.e. occurrence of arrears. How banks will react to a delay, and what the debtor should do, we have described in detail in the corresponding article LINK. In this case, the main thing is not to let everything take its course, but to try by all possible means to find a way out of the current situation, so to speak, to look the problem in the face.
A timely warning to the lender about a possible delay can turn the course of the case in a different direction - you may be offered or (this service is especially popular in MFIs). A very long delay can lead to a "sale of debt" to collectors, or,. There is no need to be afraid of this. Familiarize yourself with what to do and remember that you are protected from the arbitrariness of collectors by federal law N 230-FZ "On the protection of the rights and legitimate interests of individuals in the implementation of activities to return overdue debts ...", which is called so.
Any delay entails accrual, and these are additional expenses. Fortunately, Law 353-FZ limits the maximum amount of the penalty to the following values:
- 20% per annum on the amount of the existing debt for the time of breach of obligations, subject to accrual of interest under the contract for the period of delay (i.e. such a penalty will be charged along with interest on the principal debt);
- 0.1% of the amount of overdue debt FOR EACH DAY OF BREACH OF OBLIGATIONS, if during the time of delay no interest is accrued on the existing loan debt, in accordance with the agreement.
If the penalty is more than the stated interest, then the bank is breaking the law, in which case you already know where to complain.
How to repay a loan and not be left in the "fools"? So that after a while the bank does not make a claim that some small debt remains behind you, and even save as much as possible at the same time ...
It is enough to follow a few simple rules:
1. Strive for early repayment. And it does not matter what it will be - full or partial. Any of them leads to savings on interest payments and allows you to quickly get rid of the credit burden. The exception is those cases when conditionally free money is directed not for repayment, but for investing in profitable projects that bring in much more money than can be spent on early repayment of the debt.
2. Deposit money to the current account in advance, especially if you send it by transfer through an intermediary. A payment may “hang” in transit due to the inattention of operational workers or due to a failure in the payment transfer system. Then you will definitely become the unfortunate owner of an overdue debt.
3. Put aside thoughts about defaults. For some reason, some believe that it is possible not to pay a credit institution, and hide from bank employees and collectors for years, it is not clear what they are hoping for. Such behavior will sooner or later lead to litigation, which will take a lot of your time, and possibly money (the amount of penalties and fines will increase significantly). Non-payments and late payments are fraught not only with further problems with banks (you simply will not be given more loans due to your credit history spoiled by your own efforts), but also with a restriction of rights (for example, the inability to travel abroad, etc.).
4. Put the monthly payment on the loan "at the forefront." As long as the loan is not repaid in full, the payment for its repayment should be a priority. It is better to save on everything else for the time being, otherwise this saving will turn out to be even tougher later.
5. Do not allow a single late payment, it is better to re-borrow money from friends. “Nothing terrible will happen once” - this is not about debts, especially to a bank. You can, of course, pay a fine both once and twice. But it is better to always pay on time, otherwise the Russian may lead to additional expenses. Rather than pay a penalty to the bank, it is better to buy a chocolate bar for your child.
6. It is good to know all the terms of the loan agreement, so that later you do not resent "why so much and why did it happen?". Do not be too lazy to read the loan agreement from cover to cover - there you will find a lot of "interesting".
7. If you have a lot of loans and you decide to pay them off ahead of schedule, then focus on small loans. Often this is where they make a mistake, trying to close large loans first, leaving “small things” for later. When making such a decision, the borrower always focuses on the amount of the loan - here I pay more, which means that it needs to be closed as soon as possible. But this overlooks the interest rate. As a rule, for large loans, it is an order of magnitude lower, which means that the total overpayment is also less. While small consumer loans, especially microloans, have huge interest rates, and the overpayment on them is more significant. Therefore, close ahead of time first a trifle, leaving larger loans “for a snack”.
8. Try to stay away from loan offers. Paying off existing loans with new ones is unprofitable and illiterate from a financial point of view. So you build up the very debt lump under which you can find yourself. In very rare cases, it saves, but this is an exception to the rule.
And perhaps the most important advice - always make sure you pay off a bank loan (microloan). This does not mean that you need to go crazy after each payment, winding yourself up and annoying bank employees. But it is not only possible, but also necessary, to make sure that the transaction is closed during the planned or early repayment of the loan. Ask and you can be sure that any claims against you by the bank are now illegal.
Build your relationships with credit organizations correctly. Know your rights and don't be afraid to stand up for them.
Addressee" href="/text/category/adresat/" rel="bookmark"> of the addressee at the specified address, about which the postal service or express delivery organization informed the sender of the notification.
A party to the Agreement is also considered to have received the notification properly if the addressee refused to receive the notification and this refusal was recorded by the postal service or express delivery organization.
8.5. The Borrower confirms that he is familiar with the terms of this Agreement before signing it, all the terms are clear to him, and that the terms of clause 4.5, clause 5.4.5, clause 8.6, clause 8.7 as amended by this Agreement are included in this Agreement with his consent.
8.6. The Borrower gives / does not consent to the provision by the Lender to the bureau of credit histories (registered in accordance with the legislation of the Russian Federation) of information about the Borrower in the amount provided for in Article 4 of the Federal Law "On Credit Histories" of 01.01.2001.
8.7. Disputes and disagreements arising in the process of execution of this Agreement are subject to consideration (choose what you need) :
- in the Gagarinsky District Court of Moscow ( this condition is included with the consent of the Borrower).
- in a court of general jurisdiction in accordance with the legislation of the Russian Federation ( this condition is included if the Borrower refuses to include the previous condition).
8.8. This Agreement is made in two copies, one for each of the Parties, having the same legal force.
9. Location and bank details of the Parties
Creditor | Borrower |
Name: BANK", Location: , str. 1, Tel./ C/C at the OPERA of the Moscow GTU of the Bank of Russia, Chairman of the Board of the Bank" ________________________/_____________/ | Full Name _ Date of Birth: "___" ____________ ___ of the year, Passport data: №___________________________________________ Issued by _______________________________________ _____________________________________________ Registration address: _____________________________________________ Actual residence address (correspondence address): _____________________________________________ Phones: Home ____________________________; Worker ______________________________; Mobile _____________________. ________________________/_____________________ Signature Full name ___________________________________________________________________________________________/ |
Resolution of the Supreme Court of the UR dated April 27, 2012 in case No. 44g-14. The judgments of the lower courts were canceled in part, since the accrual of interest under the loan agreement on the amount of the loan issued does not comply with the requirements of legal acts (key topics: loan agreement - interest for using the loan - consumer protection - interest calculation procedure - placement of funds)
The Presidium of the Supreme Court of the UR, consisting of:
presiding: Sukhanova Yew.The.
Members of the Presidium: Bersha S.I., Baranova N.V., Golovkova L.P., Korobeynikova L.N.
According to the judge's report: Sundukova A.Yew.
Having considered the appeal Kuznetsova M.K. on the decision of the Oktyabrsky District Court of the mountains. Izhevsk of the Udmurt Republic dated May 30, 2011 and the cassation ruling of the Judicial Collegium for Civil Cases of the Supreme Court of the Udmurt Republic dated August 31, 2011 in a civil case on the Bank's claim against Kuznetsov M.K. for the recovery of debt under the loan agreement, interest on the loan, penalties, foreclosure on the pledged property, counterclaim Kuznetsova M.K. to the Bank on the recognition of the clauses of the agreement as invalid, the application of the consequences of the nullity of the transaction in the form of a refund, submitted for consideration by the Presidium by the decision of the judge of the Supreme Court of the Udmurt Republic Sundukov A.Yu. dated 05 April 2012 I installed:
The bank filed a lawsuit against Kuznetsov M.K. on the collection of debt under a loan agreement, interest on the use of a loan, penalties, foreclosure on mortgaged property.
The requirements of the claim are motivated by the fact that the defendant Kuznetsov M.K. does not fulfill its obligations under the loan agreement<данные изъяты>from<данные изъяты>of the year. According to the loan agreement, the Bank provided the defendant Kuznetsov M.K. credit in total<данные изъяты>rubles with payment of interest for the use of a loan in the amount of<данные изъяты>% per annum, and the defendant Kuznetsov M.K. assumed the obligation to repay the loan and pay interest to the Bank for the use of the loan in the manner prescribed by the terms of the loan agreement. Obligations under the loan agreement by the defendant are not properly performed. This is expressed in the delay in making regular payments on account of payment for the use of the loan and the amount of the principal debt, which is confirmed by the account statement. In connection with the improper fulfillment of obligations to repay the loan on the basis of paragraph 2 of article 819 Civil Code of the Russian Federation and paragraph 2 of article 811 of the Civil Code of the Russian Federation, the defendant is required to<данные изъяты>year on early repayment of the loan amount and payment of other payments. Said requirement by the defendant has not yet been fulfilled, in connection with which the plaintiff asks to recover in his favor from Kuznetsova M.K.<данные изъяты>rubles<данные изъяты>copy, including<данные изъяты>rubles<данные изъяты> <данные изъяты>rubles<данные изъяты>cop. - debt on payment of interest for the use of credit; interest on the loan, accrued on the balance of the debt on the loan, in the amount of<данные изъяты>rubles<данные изъяты>cop. at the rate<данные изъяты>% per annum, starting from<данные изъяты>years until the date of actual repayment of the debt, the cost of paying the state fee in the amount of<данные изъяты>ruble<данные изъяты>cop. To satisfy the requirements of the bank for the recovery of the above amounts, the plaintiff asked to foreclose on Kuznetsov M.K., owned by the right of ownership. car ID. N (VIN)<данные изъяты>, make, model of vehicle<данные изъяты>, setting its initial value, from which the auction begins, in the amount of<данные изъяты>rubles.
defendant Kuznetsov M.K. filed a counterclaim against the Bank to invalidate the clauses of the agreement, apply the consequences of the nullity of the transaction in the form of a refund.
The requirements are motivated by the following circumstances. Under the terms of the loan agreement N<данные изъяты>from<данные изъяты>Kuznetsov M.K. had to pay the bank annual interest on the balance of the principal debt in the amount of<данные изъяты>% per annum and interest on the loan amount in the amount<данные изъяты>% monthly. The accrual of these interest is contrary to the law, namely Articles 809, 819 of the Civil Code of the Russian Federation, the Law of the Russian Federation "On Protection of Consumer Rights". Based paragraph 2 of Article 167 Civil Code of the Russian Federation, article 16, paragraph 2 of the Law of the Russian Federation "On Protection of Consumer Rights" the Bank is obliged to return Kuznetsov M.K. cash in the amount of previously written off interest. In addition, the Bank unlawfully withheld fines, since the amount of money on hidden interest could be used to repay the principal and interest on the loan. According to paragraph 7.2 of the loan agreement, the goods are subject to insurance for the sum insured for at least<данные изъяты>rubles. The insurance premium under the voluntary insurance contract was transferred by the Bank in the amount of<данные изъяты>rubles. According to paragraph 8 of the contract, the life and health of the borrower is subject to insurance for an insured amount of at least<данные изъяты>rubles. Under insurance contract N<данные изъяты>The bank transferred<данные изъяты>rubles. Insurance contracts, the signing of which has led to the issuance of a loan, by virtue of Article 16 of the Law of the Russian Federation "On Protection of Consumer Rights" are invalid. Thus it is Kuznetsov M.K. asked to declare void clause 3.5 of the loan agreement N<данные изъяты>, clause 8, clause 10.2, clause 7.2, clause 10.3 of the appendix to the loan agreement, to collect in his favor from the Bank unjustifiably withheld interest in the amount of 41,723 rubles 84 kopecks, unjustifiably deducted insurance premium in the amount of 32,396 rubles and in the amount of 15,600 rubles, unjustifiably total fines withheld<данные изъяты>ruble<данные изъяты>kop., unjustifiably withheld funds in the amount<данные изъяты>rubles in payment of the commission for the recalculation of the schedule.
At the court session, the representatives of the Bank insisted on the claims, the counterclaim was not recognized, declaring the application of the limitation period to the claims to recognize the terms of the loan agreement on the payment of the insurance premium as invalid and apply the consequences of such invalidity.
defendant Kuznetsov M.K. did not appear at the hearing, duly notified of the time and place of the hearing, the court considered the case in his absence.
The representative of Kuznetsova M.K. at the hearing the claims are not recognized, counterclaim supported in full, giving explanations similar to the arguments set out in the counterclaim.
By the decision of the Oktyabrsky District Court of the mountains. Izhevsk, Udmurt Republic dated May 30, 2011, the Bank's claim" against Kuznetsov M.K. for the recovery of debt under the loan agreement, interest on the loan, penalties, foreclosure on pledged property was satisfied. Kuznetsov M.K. in favor of the Bank recovered:<данные изъяты>rubles<данные изъяты>cop. - the amount of the principal debt (loan);<данные изъяты>rubles<данные изъяты>cop. - arrears in payment of interest for the use of a loan for the period from<данные изъяты>year on<данные изъяты>of the year; interest on the loan, accrued on the balance of the debt on the loan in the amount of<данные изъяты>rubles<данные изъяты>cop. at the rate<данные изъяты>% per annum, starting from<данные изъяты>years to the date of actual debt repayment; the cost of paying the state fee in the amount of<данные изъяты>ruble<данные изъяты>cop. In order to satisfy the requirements for the execution of this decision, execution was levied on the Bank, which is pledged to the Bank, owned by Kuznetsov M.K. car ID. N(VIN)<данные изъяты>, make, model of vehicle<данные изъяты>, Name<данные изъяты>, vehicle category<данные изъяты>, model, engine N<данные изъяты>, body (cabin, trailer)<данные изъяты>, body color<данные изъяты>, engine power, h.p. (kW)<данные изъяты>L.S.,<данные изъяты>kW, PTS N<данные изъяты>. Its initial cost, from which bidding begins, is set in the amount of<данные изъяты>rubles. Counterclaim Kuznetsov M.K. to the Bank on the recognition of clauses of the agreement as invalid, the application of the consequences of the nullity of the transaction in the form of a refund of funds was left without satisfaction.
Kuznetsov M.K. did not agree with the court ruling, appealed against it to the Judicial Collegium for Civil Cases of the Supreme Court of the Udmurt Republic.
The cassation ruling of the Judicial Collegium for Civil Cases of the Supreme Court of the Udmurt Republic dated August 31, 2011, the decision of the Oktyabrsky District Court of the mountains. Izhevsk of the Udmurt Republic of May 30, 2011 was left unchanged, the complaint of Kuznetsov M.K. - without satisfaction.
Kuznetsov MK, disagreeing with the court rulings of the court of first and second instance, challenged them by filing a complaint with the court of cassation.
The text of the cassation appeal contains a request to cancel the decision of the court of first instance and cassation in part of the refusal to satisfy the requirements of the counterclaim on the application of the consequences of the invalidity of a void transaction, namely the terms of the loan agreement, imposing on the borrower to pay the Bank interest for using the loan in the amount of<данные изъяты>% of the amount of the loan issued monthly.
Having studied the materials of the civil case, having listened to the explanations of the representative of Kuznetsov M.K. - Berdnikova M.V., acting on the basis of a power of attorney, which insisted on the requirements set forth in the supervisory complaint, representatives of the Bank Antropov N.S., Zakirov A.F., acting on the basis of a power of attorney who objected to the arguments and requirements set out in the supervisory appeal, the Presidium comes to the following.
By virtue of Part 2 of Article 390 of the Civil Procedure Code of the Russian Federation, when considering a case in cassation, the court checks the correctness of the application and interpretation of substantive law and procedural law by the courts that considered the case, within the arguments of the cassation appeal or presentation.
Taking into account the fact that the decision of the court of first and second instance is disputed by the applicant regarding the unreasonable refusal to apply the consequences of the invalidity of a void transaction (the terms of the loan agreement on the payment by Kuznetsov M.K. to the Bank of interest for using the loan in the amount of<данные изъяты>% of the amount of the loan issued monthly), then the decisions of the lower courts are checked exclusively in this part.
The correctness of the recovery from Kuznetsov M.K. sums of money in favor of the Bank, as well as the legality of the refusal of the courts to satisfy other requirements of the counterclaim by virtue of part 2 of Article 390 of the Civil Procedure Code of the Russian Federation in the cassation procedure is not checked, since the applicant himself does not dispute the decision and the cassation ruling in this part.
During the consideration and resolution of a civil case, it was established that<данные изъяты>years between the Bank and the defendant Kuznetsov M.K. loan agreement signed<данные изъяты>(hereinafter referred to as the Loan Agreement), according to which the plaintiff provided the defendant with a loan in the amount of<данные изъяты>rubles.
Subsequently, the Bank changed its name to the Bank.
By virtue of paragraph 7.1 of the annex to the loan agreement, the loan was granted for the purchase of a car<данные изъяты>, ID. N(VIN)<данные изъяты>.
The parties to the Loan Agreement in clause 3.5 of the Loan Agreement agreed as follows: "For the use of the loan, the Borrower undertakes to pay interest to the Bank, accrued in two ways:
a) annual interest accrued at the rate established by the Appendix on the balance of the loan debt (including overdue), taken into account at the beginning of the business day, from the day following the day the debt is reflected on the Borrower's loan account, for the entire period of actual use of the loan, including the loan repayment date, based on the number of calendar days per year (365 or 366, respectively).
b) interest on the amount of the issued loan, the amount, frequency and procedure for payment of which is determined by the Appendix.
In clause 5 of the Appendix to the Loan Agreement, which is an integral part of the agreement, the following amount of interest for using the loan is agreed:
1) <данные изъяты>% (<данные изъяты>) per annum;
2) <данные изъяты>% (<данные изъяты>) of the amount of the loan issued monthly.
<данные изъяты>between the Bank and the defendant Kuznetsov M.K. an additional agreement was drawn up to the loan agreement, which established a new debt repayment schedule and increased the interest rate for using the loan to<данные изъяты>% per annum, starting from<данные изъяты>of the year.
The subject of the dispute in this case was, among other things, the accrual by the Bank of interest on the amount of the issued loan, and not on the balance of the debt under the Loan Agreement.
The Court of First Instance, considering that the norms of civil law do not imperatively establish the obligation to calculate interest on the loan amount only from the balance of the loan debt; the parties at the conclusion of the contract had the right to independently determine the procedure for calculating interest and the conditions for the return of credit funds; Regulation of the Central Bank of the Russian Federation of June 26, 1998 N 39-P "On the procedure for calculating interest on operations related to the attraction and placement of funds by banks" cannot be applied when considering this dispute, refused to satisfy the corresponding requirement of the counterclaim of Kuznetsova M.K. .
Judicial board with the findings of the Oktyabrsky District Court of the mountains. Izhevsk of the Udmurt Republic agreed and indicated that the term of the Loan Agreement, which provides for the payment of interest per annum and on the loan amount, does not contradict the norms of civil law; Regulation of the Central Bank of the Russian Federation of June 26, 1998 N 39-P "On the procedure for calculating interest on operations related to the attraction and placement of funds by banks" does not contain an indication that interest can be accrued only by one of the proposed methods and no other, refused in satisfaction of the cassation complaint and left the decision of the court unchanged.
With these conclusions of the court of first and second instance Kuznetsov M.K. did not agree, appealed to the court of cassation with this complaint, the arguments of which the Presidium recognizes as justified on the following grounds.
Thus, the courts in the case established that the parties concluded a Loan Agreement, the contested provision of which, in the framework of this case, is the condition on the calculation of fixed interest on the total loan amount (clause 3.5 of the Loan Agreement, subparagraph "b" of paragraph 5 of the Annex to the Loan Agreement) .
According to paragraph 1 of article 819 of the Civil Code of the Russian Federation, under a loan agreement, a bank or other credit organization (creditor) undertakes to provide funds (credit) to the borrower in the amount and on the terms stipulated by the agreement, and the borrower undertakes to return the amount of money received and pay interest on it.
The rules provided for in paragraph 1 of Chapter 42 of the Civil Code of the Russian Federation apply to relations under a loan agreement, unless otherwise provided by the rules of this paragraph and does not follow from the essence of the loan agreement (clause 2 of Article 819 of the Civil Code of the Russian Federation).
In accordance with paragraph 1 of article 809 of the Civil Code of the Russian Federation, unless otherwise provided by law or the loan agreement, the lender has the right to receive interest from the borrower on the loan amount in the amount and in the manner specified in the agreement.
The aforementioned provision of the law, which is dispositive in nature, establishes a presumption of compensation for a loan, which is valid provided that the opposite does not follow from the law or the loan obligation.
Coming to the conclusion that it is legal to include payment terms in the loan agreement in addition to<данные изъяты>% (further<данные изъяты>%) per annum also<данные изъяты>% of the amount of the loan issued monthly, the court of first instance and the panel of judges indicated that the parties thereby determined the amount and procedure for paying interest.
Meanwhile, these conclusions of the courts are based on an incorrect interpretation of the provisions of Article 809 of the Civil Code of the Russian Federation, since the procedure for paying interest means in this case the frequency of their transfer to the lender, and the amount of interest established by the parties to the obligation is the amount of the annual interest rate.
The controversial clause of the loan agreement does not refer to the procedure for paying interest by the borrower to the lender (frequency of payments), which, by virtue of Article 809 of the Civil Code of the Russian Federation, can be established by agreement of the parties, but to the procedure (method) for calculating interest for the use of borrowed funds, which is regulated by other legal norms.
This conclusion follows from the systematic interpretation of the following regulations.
By virtue of paragraph 1 of Article 420 Civil Code of the Russian Federation, an agreement is recognized as an agreement between two or more persons on the establishment, change or termination of civil rights and obligations.
Citizens and legal entities are free to conclude an agreement (paragraph 1 of Article 421 of the Civil Code of the Russian Federation).
However, freedom of contract cannot be absolute.
Yes, according to paragraph 4 of Article 421 of the Civil Code of the Russian Federation, the terms of the contract are determined at the discretion of the parties, except when the content of the relevant term is prescribed by law or other legal acts.
These provisions of the law are developed by the norm contained in paragraph 1 of Article 422 The Civil Code of the Russian Federation, which determines that the contract must comply with the rules binding on the parties, established by law and other legal acts (imperative norms) in force at the time of its conclusion.
Since credit funds were attracted by Kuznetsov M.K. for needs not related to the implementation of business activities, otherwise the courts in the case is not established, then the relationship between the Bank and Kuznetsov M.K. the provisions of the Law of the Russian Federation of February 7, 1992 N 2300-1 "On the Protection of Consumer Rights" apply (Article 9 of the Federal Law of January 26, 1996 N 15-FZ "On the Enactment of Part Two of the Civil Code of the Russian Federation", the preamble of the Law of the Russian Federation " On the Protection of Consumer Rights", clause 1 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated September 29, 1994 N 7 "On the Practice of Considering Cases on the Protection of Consumer Rights by Courts").
Paragraph 1 of article 16 The Law of the Russian Federation "On the Protection of Consumer Rights" provides that the terms of the contract that infringe on the rights of the consumer in comparison with the rules established by laws or other legal acts of the Russian Federation in the field of consumer protection are recognized as invalid.
Thus, the terms of the Loan Agreement concluded between the plaintiff and the defendant, by virtue of paragraph 4 of Article 421 of the Civil Code of the Russian Federation must comply with the Law of the Russian Federation "On the Protection of Consumer Rights", including the part in which it is prohibited to include in the contract conditions that infringe on the rights of the consumer, in comparison with the rules established by laws or other legal acts of the Russian Federation in the field of protection consumer rights.
Similar rules establishing consumer rights are contained in federal law dated December 2, 1990 N 395-1 "On banks and banking activities".
Paragraph 2 of Part 1 of Article 5 of this law, banking operations carried out by a credit institution include the placement of attracted funds on its own behalf and at its own expense.
In accordance with Part 5 of Article 5 of the Federal Law "On Banks and Banking Activities", the rules for conducting banking operations, including the rules for their material and technical support, are established by the Bank of Russia in accordance with federal laws.
Similar provisions are contained in articles 56, 57 of Federal Law No. 86-FZ of July 10, 2002 "On the Central Bank of the Russian Federation (Bank of Russia)", according to which the Bank of Russia is a banking regulatory body and is authorized to establish mandatory banking rules.
In view of the foregoing, the Bank, when performing a banking operation - placement of funds (granting a loan to Kuznetsov M.K.), when determining the terms of the Loan Agreement, including the method and rules for calculating fees (interest) for the granted loan, by virtue of the law (part Article 5 of the Federal Law "On Banks and Banking", Article 57 of the Federal Law "On the Central Bank of the Russian Federation (Bank of Russia)", paragraph 1 of Article 16 of the Law of the Russian Federation "On Protection of Consumer Rights") was obliged to be guided by the rules for conducting banking operations, established by the Bank of Russia.
The procedure for calculating interest on active and passive operations of the bank related to the attraction and placement of funds of the bank's customers - individuals and legal entities, both in the national currency of the Russian Federation and in foreign currencies, as well as for the use of funds in bank accounts carried out on the basis of agreements concluded in accordance with the norms of the Civil Code of the Russian Federation, is established by the Regulation on the procedure for calculating interest on operations related to the attraction and placement of funds by banks, approved by the Bank of Russia on June 26, 1998 N 39-P (hereinafter referred to as the Regulation on the procedure accrual of interest, Regulation). The regulation was registered with the Ministry of Justice of the Russian Federation on July 23, 1998, assigned the number 1565.
This Regulation, as mentioned above, was subject to application by the defendant Bank when determining the terms of the Loan Agreement and its annexes, in terms of determining the procedure and method for calculating interest on the use of the loan, since this obligation of the Bank is expressly provided for by Part 5 of Article 5 of the Federal Law "On Banks and Banking activities".
In addition, the Regulation on the procedure for calculating interest was subject to application by the courts when considering this dispute, since it is a different regulatory legal act in the sense paragraph 1 of article 1, article 16, paragraph 1 Law of the Russian Federation "On Protection of Consumer Rights". Thus, the norms of this Regulation impose on credit institutions, including banks, mandatory requirements when calculating interest on loan agreements concluded, in particular, with individual consumers, which indicates that these norms are aimed at protecting consumer rights.
By virtue of clause 5.1 of the Regulations, interest on placed funds (in loans, credits and other bank accounts and interbank loans / deposits) is received in favor of the creditor bank in the amount and in the manner prescribed by the relevant agreement for the provision (placement) of funds (credit agreement, loan agreement, interbank loan/deposit agreement). Interest is calculated in accordance with the requirements of clause 3.5 of this Regulation.
Clause 3.5 of the Regulation establishes that interest on attracted and placed funds is charged by the bank on the balance of the debt on the principal debt recorded on the corresponding personal account at the beginning of the business day.
Thus, the Regulation on the procedure for calculating interest (clause 3.5) imperatively fixes the procedure for calculating interest when providing money on credit, namely, interest is charged on the balance of the principal debt.
Clause 3.5 of the Loan Agreement, subparagraph "b" of clause 5 of the Appendix to the Loan Agreement, which is its integral part, the Bank and Kuznetsov M.K. provided for the payment of interest for the use of the loan, accrued on the amount of the loan issued on a monthly basis.
These terms of the Loan Agreement contradict clause 3.5 of the Regulations on the procedure for calculating interest, in terms of accruing interest not on the balance of the debt on the principal debt, but on the amount of the loan, and, accordingly, infringe on the rights of the consumer, which is not in accordance with the law (clause 1 of Article 16 of the Law of the Russian Federation "On Protection of Consumer Rights"), creates unfavorable conditions for the consumer.
The conclusions of the court of second instance that interest is charged by the bank in the manner and amount stipulated by the agreement are untenable, and only if the procedure for calculating interest is not determined by the agreement, then interest is accrued in the manner established by the Regulations.
On the contrary, from a literal interpretation of the norms of the Regulations on the procedure for calculating interest (clause 1.1), it follows that this Regulation determines the procedure for calculating interest, carried out on the basis of agreements concluded in accordance with the Civil Code of the Russian Federation.
The provision allows the parties to choose one of several methods for calculating interest (clause 3.9),
According to clause 3.9 of the Regulations, interest can be calculated in one of four ways: using simple interest formulas, compound interest formulas, using a fixed or floating interest rate in accordance with the terms of the agreement.
A fixed rate is understood as a certain and unchanged amount of annual interest, a floating rate is an interest rate on medium-term and long-term loans, the amount of which is not fixed for the entire lending period and is reviewed at intervals agreed upon by the lender and borrower.
The simple interest formula means that the interest payable to the borrower must be charged only on the amount of the principal debt.
Accrual according to the compound interest formula means that it is carried out not only on the amount of the principal debt, but also on the amount of accrued but unpaid interest.
If the agreement does not specify the method of calculating interest, then they are calculated according to the simple interest formula using a fixed interest rate.
At the same time, the Regulation imperatively determines the basis for calculating interest - based on the balance of the principal debt (clause 3.5).
Therefore, monthly accrual of interest on the amount of the loan issued throughout the validity of the loan agreement is unlawful.
In accordance with paragraph 1 of Article 166 of the Civil Code of the Russian Federation, a transaction is invalid on the grounds established by the Civil Code of the Russian Federation, by virtue of its recognition as such by a court (disputable transaction) or regardless of such recognition (void transaction).
According to Article 168 of the Civil Code of the Russian Federation, a transaction that does not comply with the requirements of the law or other legal acts is void, unless the law establishes that such a transaction is voidable, or does not provide for other consequences of the violation.
The invalidity of a part of a transaction does not entail the invalidity of its other parts, if it can be assumed that the transaction would have been made without the inclusion of its invalid part (Article 180 of the Civil Code of the Russian Federation).
Under such circumstances, it is unlawful the conclusion of the courts to refuse to recognize as null paragraph 3.5 of the Loan Agreement, subparagraph "b" of paragraph 5 of the Appendix to the Loan Agreement, which provide for the calculation of interest on the amount of the loan, by virtue of Article 168 of the Civil Code of the Russian Federation, since they contradict article 16, paragraph 1 Law of the Russian Federation "On Protection of Consumer Rights".
The reference of the trial court to the fact that the limitation period at the request of Kuznetsov M.K. on the application of the consequences of the invalidity of the void terms of the Loan Agreement on the payment of monthly interest has expired<данные изъяты>years (after three years from the date of making the first payment by Kuznetsov M.K.), is untenable, since the limitation period for a claim for the return of funds received in pursuance of the void terms of the transaction is subject to calculation separately in relation to each fact of their execution (paragraph 10 of the decision of the Plenum of the Supreme Court of the Russian Federation of November 12, 2001 N 15, the Plenum of the Supreme Arbitration Court of the Russian Federation of November 15, 2001 N 18 "On some issues related to the application of the norms of the Civil Code of the Russian Federation on the limitation period").
Taking into account the foregoing, the Presidium comes to the conclusion that when resolving the dispute, the courts did not apply the law to be applied (Articles 166-168, paragraph 4 of Article 421, Article 422 of the Civil Code of the Russian Federation, preamble, Articles 1, 16 of the Law of the Russian Federation "On the Protection of Rights consumers", Article 5 of the Federal Law "On Banks and Banking", Articles 56, 57 of the Federal Law "On the Central Bank of the Russian Federation (Bank of Russia)"), misinterpreted the law (Article 421 of the Civil Code of the Russian Federation), which is a significant violation of the norms substantive law and influenced the outcome of the case.
Under such circumstances, the court rulings regarding the refusal to satisfy the requirements of the counterclaim Kuznetsova M.K. to the Bank on the application of the consequences of the invalidity of the void terms of the loan agreement N<данные изъяты>from<данные изъяты> <данные изъяты>% of the amount of the loan issued monthly, are subject to cancellation, and the case should be sent for a new trial to the court of first instance.
The Presidium considers it impossible to issue a new decision without referring the case for reconsideration to the court of first instance, since the parties' calculations in this part were not verified by the courts.
The rest of the court rulings are to be left unchanged.
Based on the foregoing, the Presidium, guided by paragraph.n. 2, part 1, art. 390 of the Civil Procedure Code of the Russian Federation, decided:
The decision of the Oktyabrsky district court of mountains. Izhevsk of the Udmurt Republic dated May 30, 2011 and the cassation ruling of the Judicial Collegium for Civil Cases of the Supreme Court of the Udmurt Republic dated December 26, 2011 regarding the refusal to satisfy the requirements of the counterclaim of Kuznetsov M.K. to the Bank on the application of the consequences of the invalidity of the void terms of the loan agreement N<данные изъяты>from<данные изъяты>years, providing for the payment of Kuznetsov M.K. Bank interest for using the loan in the amount of<данные изъяты>% of the amount of the loan issued monthly, cancel.
In this part, the civil case on the suit of the Bank against Kuznetsov M.K. for the recovery of debt under the loan agreement, interest on the loan, penalties, foreclosure on the pledged property, counterclaim Kuznetsova M.K. to the Bank on the recognition of clauses of the agreement as invalid, the application of the consequences of the nullity of the transaction in the form of a refund of funds to send for a new consideration to the Oktyabrsky District Court of the mountains. Izhevsk, Udmurt Republic.
In the rest of the decision of the Oktyabrsky District Court of the mountains. Izhevsk of the Udmurt Republic dated May 30, 2011 and the cassation ruling of the Judicial Collegium for Civil Cases of the Supreme Court of the Udmurt Republic dated December 26, 2011 shall be left unchanged.
1. What is term loan interest?
Lawyer Maksimova A. M., 667 responses, 329 reviews, online since 07/11/2019
1.1. Good afternoon. Term interest on a loan is the interest calculated for the period of use of the loan, the payment date of which has not yet come.
For an accurate understanding of your situation, you need to read the loan agreement, where everything is spelled out and interpreted literally.
2. Can I sign it?
LOAN AGREEMENT No. 8-516-24-0 on granting a loan to an individual
Joint Stock Commercial Bank EquaBank AS, hereinafter referred to as the "Bank", represented by Deputy Branch Manager Monika Krishkova, acting on the basis of Power of Attorney No. 6734871 on the one hand, and Aleksey Alexandrovich Bogenbaev. Passport number 1411 219841, subdivision code 310-023, issued on 10/29/2012 "Borrower", on the other hand, collectively referred to as the "Parties", have entered into this Agreement as follows:
1. The Subject of the Agreement
1.1 The Bank undertakes to provide the Borrower with a loan in the amount of 800,000 rubles for a period of 84 months, inclusive, with payment of interest for using the loan at a rate of 13.6% for consumer needs. And the borrower undertakes to return the received Loan to the Bank on 06/11/2026
2. Terms of settlements and payments
2.1 The date of issuance of the Loan is the date of formation of the loan debt.
The date of repayment of debt under the Loan and payment of interest, penalties is the date of receipt of funds at the cash desk of the Bank or crediting of funds to the Bank's account.
2.2 The interest period is 1 (One) calendar month, except for the first and last.
The first interest period starts from the day following the day of the first use of the loan funds and ends on the last day of the month in which the first use of the loan funds took place.
The last interest period ends on the date of repayment of the Loan or on the date of final repayment of principal on the Loan, whichever comes first.
Interest is accrued on the balance of the debt on the principal debt recorded on the loan account at the beginning of the business day, and is paid by the Borrower in accordance with the terms of this Agreement.
2.3 When calculating interest, penalties, the actual number of calendar days in the payment period is taken into account, and in the year - the actual number of calendar days 365.
2.4 The Borrower grants the right to the Bank, if there is a debt on the Loan and / or interest for using the Loan, to write off the funds received on the current account of the Borrower, as they are received, without acceptance to pay off this debt (Appendix No. 2). Direct write-off to repay the debt under the Credit is carried out regardless of the expiration of the deadline for using the Credit, established in clause 1.1. of this Agreement, and regardless of the interest payment deadline set in clause 2.4. actual agreement.
2.5 On the date of repayment of the debt under the Loan in the manner specified in clause 3.7. of this Agreement, the Client grants the right to the Bank to debit funds from its current account without acceptance in payment of interest accrued for the use of the relevant amount, including interest specified in clause 8.2. actual agreement.
2.6 In the absence of funds on the current account of the Borrower sufficient to repay the debt under the Loan and pay interest on the date of repayment of the Loan, the Borrower is obliged to independently repay the existing debt under the Loan and pay the accrued interest.
2.7 The amounts deposited by the Borrower (debited from the current account by the Bank) to pay off the debt under this Agreement are sent, regardless of the purpose of the payment specified in the payment document, in the following order:
Repayment of the Bank's costs for obtaining the execution of this Agreement;
payment of penalties;
payment of overdue interest;
payment of term interest;
repayment of overdue debt on the Credit;
repayment of urgent debt on the Credit.
2.8 The obligations of the Borrower shall be deemed to be duly and fully fulfilled after the return to the Bank of the entire amount of the Loan, payment of interest for the use of the Loan, penalties in accordance with the terms of this Agreement, determined as of the date of repayment of the Loan, and reimbursement of expenses associated with debt collection.
3. Obligations and rights of the BANK
3.1 The Bank is obliged:
3.1.1 issue (credit, transfer) the Credit in accordance with clause 2.2. actual agreement;
3.2 The Bank has the right:
3.2.1 check the solvency of the Borrower, its financial position, monitor the fulfillment by the Borrower of the obligations assumed under the Loan during the term of this Agreement.
4. Obligations and Rights of the Borrower
4.1 The Borrower shall:
4.2 replenish funds in a timely manner by On-Line transfer in the Bank's payment system available at http://payments.equabank.ru.com/
4.3 ensure the repayment of the Credit on the terms of this Agreement;
4.4 not transfer information about this Agreement and all obligations arising in connection with its performance to third parties without the consent of the Bank;
4.5 receive the Credit on the day of conclusion of this Agreement;
4.6 inform the Bank about a change in the place of residence and/or family composition, and/or work, and/or surname and other circumstances within 10 (Ten) calendar days from the moment of occurrence of the event.
5. The borrower has the right:
5.1 to make early repayment of the Loan and interest on the Loan in whole or in part on the date of the next payment by notifying the Bank in writing 2 (Two) business days before the expected date of payment.
5.2 The Borrower shall be liable for its obligations in accordance with this Agreement with all its property within the limits of the Credit debt, interest, penalties and other payments under the Agreement.
5.3 The borrower has the right to refuse the loan within 7 days. To refuse a loan, you need to write an application to the bank branch. Located at the address: ulice Karolinská 661/4, 186 00 Praha 8
6. TERM OF THE CONTRACT
6.1 The Agreement comes into force from the moment of its signing by the Parties and is valid until the Borrower fully fulfills its obligations under this Agreement.
7. Grounds and procedure for termination of the Agreement
7.1 The Bank has the right to terminate this Agreement in court and demand the return of the entire Loan amount, interest on the Loan and other payments provided for in this Agreement upon the occurrence of one or more of the following conditions:
7.1.1 failure to perform or improper performance by the Borrower of its obligations under this Agreement to repay the Loan and pay interest on the Loan;
7.1.2 deterioration in the financial position of the Borrower;
7.1.3 use of the Loan for purposes other than those specified in clause 1.1.
8. RESPONSIBILITY
8.1 For non-fulfillment or improper fulfillment of obligations under this Agreement, the Parties shall be liable in accordance with the current legislation of the Russian Federation.
8.2 In case of late payment (transfer) of the Loan and / or interest on the Loan, the Borrower shall pay to the Bank increased interest in the amount of the double rate on the Loan from the amount of the overdue payment for each calendar day of delay for the period from the date following the date when the corresponding amount was due , up to and including the date of its actual payment to the Bank.
9.Loan conditions
9.1 The Bank opens an account for the Borrower in the payment system available at the Internet address https://payments.equabank.ru.com
9.2 The Loan is issued at a time by crediting funds to an account in the payment system by passing identification.
9.3 Repayment of the Loan is carried out monthly in equal installments, starting from 11.06.2019.
9.4 The loan is rightfully not repaid if the bank made a transfer to the payment system and the borrower did not withdraw funds
9.5 Withdrawal of credited funds must be carried out within 24 hours. From the moment the money is credited to the payment system.
9.6 If, after 24 hours, the borrower has not withdrawn the loaned money, then the entire loaned amount is sent back to the bank. And the entire amount, the borrower will be able to receive at the branch at ulice Karolinská 661/4, 186 00 Praha 8 At the same time, the loan itself, in fact, will not be repaid.
9.7 Other conditions
9.7.1 Changes and additions to this Agreement are valid if they are made in writing and signed by authorized representatives of the Parties.
9.7.2 All Disputes arising in the process of execution of this Agreement shall be resolved by the Parties through negotiations, and if no agreement is reached, in the manner prescribed by the current legislation of the Russian Federation.
9.7.3 In all other respects not provided for by this Agreement, the Parties will be guided by the current legislation of the Russian Federation.
9.7.4 In the event of a change in the name, addresses, payment and other details, the Parties shall notify of the changes made within 20 (twenty) calendar days from the date of the changes.
9.7.5 The Agreement is made in two copies, having equal legal force, one for each of the Parties.
10. Addresses and details of the parties
BANK: EquaBank AS
Karolinska 661/4, 186 00 Praha 8
TAX ID: 47116102, CZ699003622
BANK CODE, LEI: 6100, 31570 01000 00000 26673
GIIN CODE (FATCA): EFJ4GA.99999.SL.203
BORROWER: Borrower ID: EQn8683476
Loan officer's signature:
Lawyer Karavaytseva E.A., 57745 responses, 27404 reviews, online since 03/01/2012
2.1. Analysis of the contract regarding legal risks is a paid service. You can contact any lawyer in private messages (Article 779 of the Civil Code of the Russian Federation).
Lawyer Iskenderov E.E., 143123 responses, 44027 reviews, online since 06/30/2013
2.2. Good afternoon. If you are a capable citizen who has reached the age of majority, you can sign any documents (make transactions). If you need some kind of analysis of the document - contact a lawyer in a personal (for a fee).
3. Need legal help to close several loans. It so happened that the son, disabled since childhood (he has a certificate), took several loans from 2017 to 2018 at Sberbank, Money Men, Fast Money, at that time he did not work and did not repay. I found out about it just now, made part of the payment, but now I don’t have such an amount on hand to pay off at least short-term loans in Money Man and Fast Money. Interest has already amounted to about 91,000 rubles. Debt collectors are constantly calling, insisting on urgent repayment. I do not refuse to pay, I ask to reduce the interest or increase the payment term for closing, but they do not go forward. There is moral pressure. They threaten with an inventory of residential property, but the son has nothing of his own. Is it possible to somehow influence the collectors and these companies, so that there is a real opportunity to close loans or restructure payments. I really appreciate your help and sound advice.
Lawyer Lagutin O. N., 4042 responses, 2625 reviews, online since 01/27/2019
3.1. THE FEDERAL LAW
ABOUT PROTECTION
RIGHTS AND LEGITIMATE INTERESTS OF INDIVIDUALS
WHEN CARRYING OUT ACTIVITIES TO RETURN OVERDUE
DEBT AND AMENDMENTS TO THE FEDERAL
LAW "ON MICROFINANCE ACTIVITIES
AND MICROFINANCE ORGANIZATIONS"
This law gives you the opportunity to "restrain" collectors - so that they do not call you (son) at all and do not scare you!
To do this, you (son) need to prepare acc. Letters to creditors (hand over or send by mail).
4. I am seeking advice, I need to file an application with the Court to cancel the court order to recover from me the amount of debt on a loan in favor of a financial institution. Briefly: In December 2012, a loan in the amount of 500,000 rubles was taken from the Eastern Express Bank. Until December 2014, everything was paid regularly. Then troubles began in the family, illnesses began, and then the death of relatives one by one, the loss of a job, the disability of her husband ... there was nothing to pay the loan with. In January 2015, 1 "Pending a court application to the creditor" was sent to the Bank with a description of the current situation and a proposal to change or terminate the agreement. In accordance with Article 450.451.452 of the Civil Code of the Russian Federation. Change the loan agreement in the form of reducing the monthly payment to 5,000 rubles. per month. From 19,000 rubles 2. Application for withdrawal of consent to the processing of personal data. 3. Also, please send correspondence to the address of residence (the address was indicated) in the future there was a registration, a copy of the passport was attached. In February 2015, a friend brought a letter from the post office from the Bank Demanding urgent payment of the entire loan debt within 5 days from the date of sending! Considering that it was still 2 weeks in the mail! In total 382630.72. On my part, in August 2015, there was another attempt to negotiate with the bank to stop accruing pennies, fines and interest. And also again with a request to send all letters to the address of residence! I have not received any further correspondence from the Bank until now. On March 1, 2019, I receive a decision from the bailiffs to initiate enforcement proceedings to recover 497,034.84 rubles in favor of the recoverer OOO "EOS"? According to the bailiff, the court was in August 2018. She also advised me to write a statement "On the cancellation of the court order and the review of the case." I did not receive any notifications about the sale of my debt to a third-party organization and the initiation of a lawsuit. At the moment I also live in the village and have a pension income in the amount of 10,086.90 Tel. +79052845120 Sokolova Svetlana Ivanovna Best regards!
Lawyer Abrzhova V. A., 2305 responses, 1409 reviews, online since 09/22/2018
4.1. Hello, We are ready to help you in drawing up an application for the cancellation of a court order. You will also need to prepare an application for the restoration of the term.
Lawyer Matushanskaya I.V., 13781 responses, 6289 reviews, online since 11/27/2015
4.2. You can contact the chosen lawyer on the site in private messages to write objections or call. To draw up, you need the court order itself. You also need to apply for renewal. Have you received a court order?
Lawyer Semin A.V., 1235 responses, 527 reviews, online since 10/27/2011
4.3. It is possible to write an objection to the court order. It is interesting that an order for such an amount was issued.
You are offered help, agree. A decision to initiate enforcement proceedings is enough, but hurry up.
8. To begin with, I will briefly outline my story so that the essence of the issue is clear.
On 06/09/2015, I issued a consumer loan in an electronics store to purchase a tablet.
This loan was issued by LLC "Rusfinance Bank" for a period of 6 months. Later, on November 6, 2015, when contacting the bank regarding the full repayment and closing of this consumer loan, it turned out that on August 15, 2015, another (fraudulent) consumer loan agreement was concluded in my name in the same bank in the amount of 18 462 rub.
I did not sign this loan agreement. On December 1, 2015, I filed a complaint about fraud by bank employees with the police and gave evidence. A criminal case was opened on the grounds of a crime under Part 1 of Article 159 of the Criminal Code of the Russian Federation, on the fact that a bank employee signed a fictitious loan agreement using my personal data.
On August 2, 2016, following the results of the consideration of the criminal case in court, the accused (a bank employee) was found guilty. It would seem the end of the story. However, in the fall of this 2018, I needed to apply for a consumer loan in the amount of 120,000 rubles. to close your mortgage loan (a buyer of the apartment was found, he paid the amount of the collateral, but it turned out that the bank did not announce the amount of accrued interest and the amount paid was not enough to close the mortgage loan, the deal was in jeopardy and the loan was needed urgently). So NO ONE BANK in the city agreed to give me a loan! In one of the last banks, I already directly asked: what's the matter? I was told that I have an outstanding loan. At first I could not understand what kind of "unpaid loan" it was. But then I remembered the story of Rusfinance Bank LLC and decided to apply there. It turned out that the loan agreement (recognized as fraudulent) is still registered on me. The bank did not conduct an internal investigation to the end, I did not receive any information from the bank during all this time. Thus, my credit history turned out to be spoiled, no bank gives me a loan. The deal for the sale of the apartment almost failed (according to the terms of the contract, in the event of termination of the transaction, I had to return the deposit to the buyer in double size). It helped only that his wife approved a loan to receive the missing amount.
And now my question is: can I sue Rusfinance Bank LLC, hold them liable, collect compensation from them and demand that my credit history be corrected? In which court, with what wording should I apply and do I need a lawyer for this? Thanks in advance.
Lawyer Senkevich V. A., 45190 responses, 16993 responses, online since 08.10.2015
8.1. Hello! Yes, you can sue. If you think that you cannot prepare a claim on your own, participate in court hearings, it is better to contact a lawyer with all the documents.
9. My son took a loan from a microcredit organization urgently money. At the time he didn’t give 2% every day, they charge a debt, they gave it to collectors, collectors say they wrote a statement to the police under article 159, fraud, how to suspend interest on a loan, the son says they don’t legally issue a loan, he refuses to pay, his friend took him and didn’t require my also decided to enroll, what to do? They can make sure that interest will be accrued all their lives, they will not sue, what will they do?
Lawyer Anisimova E. V., 477 responses, 350 reviews, online since 29.09.2017
9.1. The interest rates of microcredit organizations are very high. Even when paying off the debt, the interest is paid off first, but the debt remains. Your son needs to go to court with a claim to terminate the loan agreement and establish a fixed amount of debt. They will apply to the court for a court order, the contract will not be terminated and the amount of penalties will be a partial decree for a certain period, Then again and again.
Lawyer Salimov R. R., 2077 responses, 1683 reviews, online since 07/11/2018
9.2. Good evening Elena. If your son took a microcredit, then it will have to be repaid unambiguously. The interest on the loan, in accordance with the federal law regulating the activities of microfinance organizations, cannot exceed three times the amount, i.e. took 5 tr. the percentage is not more than 15 tr. , i.e. the entire amount is not more than 20 tr. - that's an example. Fraud here will only occur if a loan was taken and was not originally planned to be repaid, i.e. another person's information was given, forged documents were used, etc. What MFIs or collectors will do - they will sue, first on an order. You will cancel it within 10 days. After that, they will sue in the order of action proceedings, then you write an objection to the percentages stretched by the ears. Good luck to you.
9.3. Send to the lender a partial withdrawal of personal data, withdrawal of consent to interact with third parties, refusal to interact. Your case will be withdrawn from collectors, all calls and SMS will stop. Thus, you will deprive the lender of an instrument of psychological pressure, in the future you will be offered to close the loan on favorable terms, often for the amount that was taken. This is in short.
10. In January, I urgently needed money, I took 5,000 each from three MFIs. In February, I closed one loan, extended two, in March problems with work began, there was no money to close two loans I took in which I had already paid, but a large amount. And so on, I thought I’d get a job and give it back, in June I got a job, in July I gave half of my salary, but I didn’t even pay half. At the moment, 12 microloans from 5 to 22 thousand, the total amount is about 230,000, when I calculated I was horrified. Tried to get a loan from the bank - to no avail. My salary for the day is not enough even for interest. Is there any way to stop, reduce interest? Extend payments?
Lawyer Kulagin D.V., 29336 responses, 12884 reviews, online since 12/22/2015
10.1. Hello. Currently, the amount of loans cannot exceed 2-3 times the size of the loan itself. Therefore, paying exorbitant interest, you will never repay the loans. Therefore, if you are in your position, you should stop and wait for the courts to set a fixed amount, after which you will pay through bailiffs.
Lawyer Grebneva M. V., 63 responses, 50 reviews, online since 09/13/2018
10.2. Hello. The only thing you can do at the moment is to prepare documents for debt restructuring for each microfinance organization separately. State the grounds for changing credit conditions in the applications. Of course, it is unlikely that microfinance organizations will satisfy you with debt restructuring, but these documents can serve you in a lawsuit (if you continue to fail to fulfill your debt obligations). As a rule, if the borrower does not take part in the court proceedings, the court satisfies the entire amount of debt indicated by banks / microfinance organizations. And this is basically the total amount of debt including penalties and fines for the entire period. You can further prepare for litigation. By participating in a lawsuit, you can remove one-time fines, reduce penalties based on the Federal Law "On Consumer Lending", the Civil Code of the Russian Federation, as well as settle the amount of monthly payments.
Lawyer Soldat S. V., 3997 responses, 2687 reviews, online since 01/22/2018
10.3. Hello Michael! Send to the lender a partial withdrawal of personal data, withdrawal of consent to interact with third parties, refusal to interact. All calls and SMS will stop, no one will come home. Thus, you will deprive the lender of an instrument of psychological pressure, in the future you will be offered to close the loan on favorable terms, often for the amount that was taken. This is in short.
Lawyer Dvorova S.M., 1509 responses, 760 reviews, online since 09/01/2017
10.4. Good day!
There is a way out - to go to court with a claim to reduce the amount of interest and pay the principal.
11. Please help a single mother! Credits. The case is already with the bailiffs. But not received yet. There is no court decision in hand and has not been received. So, as a person is in another city, for the treatment of his (adopted) child. That's how the circumstances came about. He will pay, but you need to urgently remove it through the court? or bailiffs? Grown interest on the loan (out of 350, 200 thousand are interest). Tell me how you can remove the grown interest on the loan if the case has already been transferred to the bailiffs, and whether it is possible to break the payments into feasible ones. What laws are there in Russia to solve this situation. It is impossible to predict life, that Russia will not come out of the crisis, that a mass layoff will begin in the outback, that a person can be left without work for three years, and in order to treat, survive and teach children, a person is simply forced to look for an opportunity and a place. Thank you.
11.1. Hello.
Remove interest? No, sorry.
Although, with the participation of a competent lawyer (whose services are definitely not free), there is a 10% chance to recognize this loan as a bondage deal if the loan was taken for the treatment of a child, and this can be proven.
Lawyer Kalmantaeva A. N., 2540 responses, 1466 reviews, online since 04/26/2018
11.2. Hello Lydia Borisovna!
If the case is considered without the participation of the debtor, who was not properly notified of the time and place of the court session, such a decision can generally be canceled due to procedural violations.
But if the debtor - the defendant was notified and did not appear and in the process the loan agreement was not terminated, then the bank, of course, can charge interest.
In turn, the debtor has the right to apply to the court for an installment plan or deferment of the execution of a judicial act.
Article 203
Lawyer Golub E. S., 2701 responses, 1598 reviews, online since 06/13/2018
11.3. Good afternoon!
In accordance with the Federal Law of 02.10.2007 N 229-FZ "On Enforcement Proceedings", Article 37, it is possible to provide a deferral or installment plan for the execution of judicial acts, acts of other bodies and officials, a change in the method and procedure for their execution
1. The recoverer, debtor, bailiff shall have the right to apply for a deferment or installment plan for the execution of a judicial act, an act of another body or official, as well as a change in the method and procedure for its execution to a court, other body or official who issued executive document.
2. If the debtor is granted a delay in the execution of a judicial act, act of another body or official, enforcement actions are not taken and enforcement measures are not applied within the time limit set by the court, another body or official who granted a deferment.
3. In the event that the debtor is granted an installment plan for the execution of a judicial act, an act of another body or official, the enforcement document is executed in that part and within the time limits established in the act on the provision of the installment plan.
Lawyer Zotov V.I., 36842 responses, 15126 reviews, online since 07/11/2009
11.4. Hello, dear Lydia Borisovna!
This problem to the debtor can be solved in various legal ways with the help of a specific lawyer.
1. To appeal the court decision to the court of appeal on the basis of Articles 320, 321, 322 of the Code of Civil Procedure of the Russian Federation.
Article 322
1. An appeal or presentation must contain:
1) the name of the court to which the appeal or presentation is filed;
(Clause 1 as amended by Federal Law No. 353-FZ of 09.12.2010)
2) the name of the person filing the complaint, presentation, his place of residence or location;
3) an indication of the court decision that is being appealed;
(Clause 3 as amended by Federal Law No. 353-FZ of 09.12.2010)
4) the demands of the person filing the complaint, or the demands of the prosecutor making the presentation, as well as the grounds on which they consider the decision of the court to be incorrect;
(Clause 4 as amended by Federal Law No. 353-FZ of 09.12.2010)
5) became invalid from January 1, 2012. - Federal Law of 09.12.2010 N 353-FZ;
6) a list of documents attached to the complaint, submission.
2. An appeal or presentation may not contain claims that were not stated during the consideration of the case in the court of first instance.
The reference of the person filing the appeal or the prosecutor bringing the appeal to new evidence that was not presented to the court of first instance is allowed only if it is substantiated in the specified complaint, presentation that this evidence could not be presented to the court of first instance.
(Part 2 as amended by Federal Law No. 353-FZ of 09.12.2010)
3. An appeal is signed by the person filing the complaint or his representative. The complaint filed by the representative must be accompanied by a power of attorney or other document certifying the authority of the representative, if there is no such authority in the case.
The appeal is signed by the prosecutor.
4. An appellate complaint shall be accompanied by a document confirming the payment of the state fee, if the complaint is subject to payment.
5. The appeal, presentation and documents attached to them shall be submitted with copies, the number of which corresponds to the number of persons participating in the case.
2 After filing an Appeal to the Court of Appeal, apply to the bailiff with an Application on the basis of Federal Law No. 229-FZ "On Enforcement Proceedings" to suspend the Enforcement Proceedings.
3 If the Court of Appeal satisfies the Debtor's Appeal, the bailiff will terminate the Enforcement Proceedings.
3 Further, the debtor will need to prepare for a new consideration of the claim of his Creditor, as a result of which he will be able to check the calculation of claims and petition the court on the basis of Article 333 of the Civil Code of the Russian Federation to reduce the amount of% and increased penalties.
Good luck single mom.
11.5. Hello, ask for a delay in execution - art. 203 of the Code of Civil Procedure of the Russian Federation - only an application is needed to the court that decided to expel the recovery, they can postpone if you bring a difficult financial situation, send a certificate from the hospital where the child is being treated
Postponement or installment plan for the execution of a court decision, changing the method and procedure for the execution of a court decision (current version)
Civil Procedure Code of the Russian Federation Chapter 16 Article 203
1. The court that has considered the case, at the request of the persons participating in the case, the bailiff, or based on the property status of the parties or other circumstances, has the right to defer or extend the execution of the court decision, change the method and procedure for its execution.
2. The applications referred to in the first part of this article are considered in a court session. The persons participating in the case are notified of the time and place of the court session, however, their failure to appear is not an obstacle to the consideration and resolution of the issue put before the court.
3. A private complaint may be filed against a court ruling on postponing or extending the execution of a court decision, on changing the method and procedure for its execution.
Even if you are appealing the decision. Interest will not be "removed"; this is not provided for by law; only a reduction in fines is possible, art. 333 of the Civil Code of the Russian Federation.
Lawyer Gudenkova E. V., 1630 responses, 1214 reviews, online since 07/04/2018
11.6. Good afternoon!
In this situation, much depends on the form of the organization in which the loan was taken, on the duration of the contract, on the basis of what court order the debt is collected: a court order or a decision.
1. If a loan was taken from a bank and more than one year has passed since the conclusion of the agreement, then there is practically no possibility to challenge the accumulated interest. The limitation period for the invalidity of the transaction is 1 year in accordance with Art. 181 of the Civil Code of the Russian Federation.
2. If the case was considered in the action proceedings, i.e. with the invitation of the parties to court sessions, then the failure of the party to whom the summons was sent, but it has not received, is not a valid reason for canceling the decision and reviewing the case. Paragraph 2, paragraph 2.1 of Art. 113 Code of Civil Procedure of the Russian Federation: the participants in the process bear the risk of adverse consequences as a result of their failure to take measures to obtain information about the progress of the case, if the court has information that these persons were properly notified of the process that has begun, except in cases where the measures to obtain information are not could be accepted by them due to extraordinary and unavoidable circumstances.
3. If a court order was issued and the debtor did not receive it, then such an order can be canceled within 10 days from the date of receipt (in court, at the bailiff), by sending an application to the court to cancel the court order along with a request to restore the term for its cancellation and proof of when the order was received. Articles 128, 129 Code of Civil Procedure of the Russian Federation, Art. 112 Code of Civil Procedure of the Russian Federation.
4. Cancellation of a court order makes sense if the loan agreement was concluded with an MFI, a credit cooperative, etc. and in the event that less than a year has passed since the date of conclusion of the agreement with the bank and you want to dispute the agreement in terms of interest (forfeits, penalties, fines). The fact is that after the cancellation of the court order, credit organizations file lawsuits, the case is considered when the parties appear. Here you can already raise objections and file a counterclaim.
Dispute an agreement with an MFI, etc. it is possible, it is more difficult to dispute an agreement with a bank, but it is also possible. However, you will need the help of a lawyer.
5. It is possible to challenge the court's decision in the appellate instance, restoring the time limit for appeal. To restore the term, it is necessary to prove the validity of the reasons for its absence: Art. 320, 321 Code of Civil Procedure of the Russian Federation, Art. 112 Code of Civil Procedure of the Russian Federation.
6. You can get an installment plan, a delay in the execution of a court order, by contacting the court that issued the decision, with an application and evidence of the impossibility of repaying the debt at a time, quickly: Art. 203 Code of Civil Procedure of the Russian Federation, art. 37 FZ "On Enforcement Proceedings". But at the same time, it should be remembered that there will be further interest accrual, because. contract has not been terminated.
Lawyer Cherepanov A. M., 31094 responses, 11231 reviews, online since 03/28/2013
11.7. Hello. In your case, there are two options. Either appeal this court decision (here you need to look at your contract, is there a reason for this or not), or go to court with an application for a deferral or installment payment on the basis of Article 203 of the Code of Civil Procedure of the Russian Federation. Unfortunately, there is no other solution to your problem.
12. Please help a single mother! Credits. The case is already with the bailiffs. But not received yet. There is no court decision in hand and has not been received. So, as a person is in another city, for the treatment of his (adopted) child. That's how the circumstances came about. He will pay! But you need to urgently remove it through the court? or bailiffs? Grown interest on the loan (out of 350 tons, 200 thousand are interest). Tell me how you can remove the grown interest on the loan if the case has already been transferred to the bailiffs, and whether it is possible to break the payments into feasible ones. What laws are there in Russia to solve this situation. It is impossible to predict life! That Russia will not get out of the crisis, that a mass layoff will begin in the outback, that a person can be left without work for three years, and in order to treat, survive and teach children, a person is simply forced to look for an opportunity and a place. Thank you.
Lawyer Kriukhin N.V., 157614 responses, 69086 reviews, online since 07/14/2011
12.1. You are rude to lawyers, leave undeserved negative reviews about them and demand free money where no one owes you anything.
Consultation denied.
To solve your problems, contact the legal offices of your city, and for a possible free consultation - officially through the MFC in your area!
Need your help urgently. Today, upon receipt of the document, the land surveying saw that the bailiff had imposed a restriction on registration actions. I have a loan debt from him, but he charges me 50 percent. I am not hiding from the bailiff and payment, but I need to sell the house urgently. but apparently they won't. How to be? It is not realistic to pay off the debt, but where I go there is everything possible for quick repayment, that is, there is additional income. Read answers (2)
13. We have such a situation. I have been married for 4 years to a citizen of the Russian Federation (I still have citizenship of Ukraine).
Over the past 6 months, my husband has been collecting loans from banks and online services without me knowing. At the moment, the debt, together with%, is about 520,000 (I took about 250,000). The biggest delay on the loan is 40 days. 7 organizations like "quick money + 3 credit cards in banks. His official salary is 19,000 + unofficial 25,000. I am urgently looking for a job. Now we are renting an apartment, there really is no housing. There is no property that can be sold either. In Married a year ago, we bought an apartment under the DDU, it will be ready next year in February, it is framed in her husband's name.
1) Is it possible to somehow reduce the interest on loans in order to pay some minimum without a trial?
2) Do they have the right to arrest that apartment?
3) If the apartment is now fully registered for me, can it be taken away later?
4) What legal procedures will be required?
Thanks a lot for any help.
13.1. 1) In a contractual manner with creditors - it is unrealistic. No one will reduce the interest stipulated by the contract. They may, for example, reduce fines by agreement, or they may not, of course.
2) To impose a ban on alienation - they can
It is to pick up if the housing is the last - no
But your husband's housing, most likely, is not the last one, if he is registered somewhere, then he has the right to live there.
3) They can raise the issue of allocating the husband's share in jointly acquired property
4) It depends on what for ... He may not pay, waiting for appeals to him in court. In court, you can reduce fines, penalties, sometimes something else. Then the help of a lawyer may be required, its cost is discussed with the lawyer who will work.
14. LEGAL NOTICE
ON THE TRANSFER OF DEBT COLLECTION TO THE STAGE OF WORK BEFORE SALE
HKF Bank LLC (Bank) officially notifies you that the collection of your debt has been transferred to the stage of work before the sale, in connection with the evasion of payment of debt under loan agreement 216 ... dated 25.12.2012. You can clarify the amount of overdue debt by calling 8 800 700 89 77.
Pay your debt now!
In case of non-payment of the overdue debt, the Bank reserves the right to transfer the right to claim the debt under the Agreement to a third party:
· In accordance with paragraph 2 of Art. 382 of the Civil Code of the Russian Federation (Grounds and procedure for the transfer of the rights of a creditor to another person) and Art. 12 of the Federal Law "On consumer credit (loan)" for the transfer of the right to claim a debt to another person, your additional consent is not required.
・According to Art. 384 of the Civil Code of the Russian Federation (Scope of rights of a creditor passing to another person), the rights to claim the Bank's debt will be completely transferred to a third party organization in the amount and on the terms that will be at the time of the transfer of the debt, including the rights that ensure the fulfillment of the obligation, as well as other related with the requirement of the right, including the right to unpaid interest, the right to indemnification for losses incurred.
Call the Bank 8 800 700 89 77 as soon as possible!
Experts are ready to provide you with preferential conditions for debt repayment.
You can pay using the methods indicated at http://www.homecredit.ru/loans/loans_how.php, incl. right now from cards of Visa and MasterCard payment systems of any banks of the Russian Federation.
You have received this letter because you are a customer of the Bank. If an error has occurred and you are not a client of the Bank, please report it by replying to this letter
Department for work with overdue debts
HKF Bank LLC
Good afternoon. This is the email I received.
The last payment on the loan was in September 2013. Question. What to do?)))
Lawyer Kriukhin N.V., 157614 responses, 69086 reviews, online since 07/14/2011
14.1. Hello.
DO NOTHING!
Do not dare to call or write to the bank!
You are provoked to restore the statute of limitations! Answer the letter - recognize the debt.
15. Can I reduce the interest rate on a loan? Two years ago, we urgently needed money to build a house. I decided to apply to Sberbank for another loan. By that time, my credit history was excellent. This was the fourth loan. But when applying, it suddenly turned out that the percentage had increased from 14% to 16.799%, in addition, out of the 750,000 rubles that I declared, they added an additional 120,000 for insurance to me. Later, I disputed the insurance, they returned the money to me. Of course, I did not pay them to pay off the principal on the loan, since I needed a lot of money and had to pay interest on the entire amount. How to reduce the percentage? Overpayment for 5 years is very large. The sediment is not good and resentment towards Sberbank remained for the rest of my life, but this is not the main thing, the main thing is can I reduce% and how to do it?
15.1. “The sediment is not good and resentment towards Sberbank remained for the rest of my life, but this is not the main thing, the main thing is can I reduce% and how to do it?”
Yes, you can, by writing a correct reasoned statement addressed to the head of the department.
Lawyer Kriukhin N.V., 157614 responses, 69086 reviews, online since 07/14/2011
15.2. Hello.
You will not be able to reduce the interest on the loan directly at Sberbank.
It is possible to try only to find a bank that will undertake to refinance your loan (I do not advise you to trust Tinkoff Bank, Sovcombank and Post Bank).
15.3. No, changing the terms of the contract is possible only with mutual agreement between the parties. Therefore, if the bank is against a reduction, and Sberbank is always against a reduction, then you have nothing to rely on so that other lawyers do not answer you. The introduction at the legislative level of the obligations of the bank to reduce the interest rate of the loan on any, even if reasoned statement, the borrower, is contrary to the laws of the market and civil law both in the Russian Federation and in the world; "Civil Code of the Russian Federation (Part One)" dated November 30, 1994 N 51-FZ (as amended on December 29, 2017)
"" Article 421. Freedom of contract
The positions of the higher courts under Art. 421 of the Civil Code of the Russian Federation ">>>"
""one. Citizens and legal entities are free to conclude a contract.
"" Compulsion to conclude a contract is not allowed, except in cases where the obligation to conclude a contract is provided for by this "Code", "law" or a voluntarily accepted obligation.
""2. The parties may conclude an agreement, both provided for and not provided for by law or other legal acts. To a contract not provided for by law or other legal acts, in the absence of the signs specified in paragraph 3 of this article, the rules on certain types of contracts provided for by law or other legal acts do not apply, which does not exclude the possibility of applying the rules on the analogy of the law (paragraph 1 article 6) to individual relations of the parties under the contract.
""3. The parties may conclude an agreement that contains elements of various agreements provided for by law or other legal acts (mixed agreement). To the relations of the parties under a mixed contract, the rules on contracts, the elements of which are contained in the mixed contract, are applied in the relevant parts, unless otherwise follows from the agreement of the parties or the essence of the mixed contract.
""four. The terms of the contract are determined at the discretion of the parties, unless the content of the relevant term is prescribed by law or other legal acts (Article 422).
"" In cases where the condition of the contract is provided for by a rule that is applied in so far as the agreement of the parties does not establish otherwise (dispositive rule), the parties may, by their agreement, exclude its application or establish a condition different from that provided for in it. In the absence of such an agreement, the terms of the contract are determined by a dispositive norm.
""5. If the terms of the contract are not determined by the parties or by a dispositive rule, the relevant terms are determined by the "customs" applicable to the relations of the parties.
(as amended by Federal Law No. 42-FZ of March 8, 2015)
(see text in previous "edition")
"Open the full text of the document"
16. Urgently need advice on how to act in this situation: I am a credit debtor, the bank sold the debts to a collection agency. I've only dealt with collectors twice. The first time they called, in their own way they began to "intimidate" how terrible everything was and how much I would owe them. Having studied all the nuances, our second conversation was the last. I said that I would pay the debt only after the trial, they say, sue me. Nobody called me again. Recently, a letter from the bailiff came to work, a decision to collect wages in the amount of 50%. I agree to pay the debt, but just 50% of my salary goes to rent an apartment. And if deductions start, I simply have nothing to live on and nowhere to live. Tell me, can I or a lawyer apply to the court that made the decision regarding the reduction of the percentage of deduction from the salary? I give 50% for rent + about 10% of the rest I give for other loans (they are small, the monthly payment is about 2,000). With regard to my debts, this is the second executive case, the first bailiff was closed with the note "Debt". I contacted a lawyer, he offers to contact me with a third-party bank with refinancing. But, if the bank sold debts to collectors, is refinancing possible? Tell me, please, what to do in such a situation? Time is running out, I can’t repay the entire debt at once by order of the bailiff, because I don’t have such money. 50% of the salary will also "cut off the oxygen". Vicious circle. Feasible payments for me 25-30%. There are no children on the maintenance, no property either.
Thank you!
Lawyer Markov K.N., 8800 responses, 3965 reviews, online since 04/12/2015
16.1. You have the right to apply for a change in the order and terms of payment of the resulting debt.
According to Art. 37 of the Federal Law "On Enforcement Proceedings", a recoverer, a debtor, a bailiff may apply for a deferral or installment plan for the execution of a judicial act, an act of another body or official, as well as a change in the method and procedure for its execution to the court, another body or to the official who issued the executive document.
If the debtor is granted a delay in the execution of a judicial act, an act of another body or official, enforcement actions are not taken and enforcement measures are not applied within the period established by the court, other body or official that granted the delay.
In the event that the debtor is provided with an installment plan for the execution of a judicial act, an act of another body or official, the enforcement document is executed in that part and within the time limits established in the act on the provision of installments
In accordance with Art. 203 Code of Civil Procedure of the Russian Federation, the court that considered the case, according to the statements of the persons participating in the case, the bailiff or based on the property status of the parties or other circumstances has the right to postpone or extend the execution of the court decision, change the way and order of its execution.
These applications are considered in the court session. The persons participating in the case are notified of the time and place of the court session, however, their failure to appear is not an obstacle to the consideration and resolution of the issue put before the court.
17. Loan online "SMS Finance". Dear Lawyers. I really hope you can help me. To avoid the fact that I'm hiding something. Let me write the situation more clearly. A year ago I met a guy, everything was fine, and he helped and treats children normally. And many times he recorded both the children and me in the hospital when I did not have time. He knew my data and children, I did not hide anything from him and did not hide anything. She told him about her difficult life situation. I am raising two children, not officially married on maternity leave. There are a lot of loans that I pay off monthly, I took them when I worked for 5 years. The next year at the end of the last payment. Recently, I needed money very urgently for treatment. Banks do not give credit and quick loans too. My young man suggested that I take an SMS loan. At first I agreed, but I thought they would not approve me. After all, it was not approved anywhere. My claim amount was 3500 tr. Since I don’t understand anything about this, he agreed to do everything himself. They called me from the bank and said 5000 was approved, I refused the service after learning the interest rate. The young man himself did not give me a loan, although he works on iron doors and earns not bad. In every possible way he persuaded me to take a pier, such as help to pay. My answer was no! As a result, after a couple of days, I receive a notification that my loan payment is 5000 rubles. + 3000 percent ran in a month. And some 300 more for transferring to a qiwi account. I thought it was a joke, I checked my balance on the qiwi card, but there was nothing there. I told the young man. He said he took the money. I registered another qiwi wallet at my home and transferred the money to myself. I did not know that he took the money that he found for me for treatment from there. Using my phone when it fell out of my pocket into my car. He did not deny what he had done. But when I asked who would pay the debt, he answered that he had no money. A month later, they began to call me and demand payment. I raised all my acquaintances to re-borrow from them and be smarter not to trust anyone in the future. They didn't give me. I'm on maternity leave of 700 rubles. All loans that I have are paid by my mother. I do not receive alimony. Ex-husband in prison. I turned off the phone number that the bank calls me. They found me at a different number. It will be difficult to explain all this to the bank, and it does not bother them at all. I have nothing to pay. This freak refuses to pay for what he did. I haven't slept for a month now. I don’t know what to do Where to get money to give to the bank for something that I didn’t do and didn’t know. I don't have any proof. And I don’t understand how they can give money without confirmation that a person is working, etc. tell me what I can do in this situation and what will happen if I still do not find the money to pay the debt without knowing where. And not knowing Where is such a bank "sms finance" ?! Please help. Explain the pros and cons.
Lawyer Zhilin A.Yu., 7 responses, 4 responses, online since 01/30/2013
17.1. Eugene, not everything is bad. Nothing was signed from your words on paper. Are there any claims (papers) from the bank?
18. Please advise! A relative applied for a loan at MigCredit online - the application was accepted. There was only one way to get it - the Contact system. On the site, and everywhere it is written that immediately after approval by SMS, a TRANSFER NUMBER should come to the phone, by which you can go and receive this money at Contact points. But SMS with this transfer number DID NOT COME, MigCredit website support is silent, does not respond to messages, but the loan has already been issued and the deadline is running out. It also says that we must receive the transfer within five days! And if the transfer number does not come in these five days? How to force them to send a transfer on an already disbursed loan on which interest is accrued, how to legally not pay the interest accrued during this delay on their part, and most importantly, how, if the transfer is never received, to prove non-receipt this loan? I really hope for your help, because there is no one else to turn to! Besides, the money is urgently needed! Please take the time to reply!
Lawyer Sokolov D.G., 142219 responses, 33009 reviews, online since 11/23/2008
18.1. Alexander, what were you worried about?
As long as there is no transfer of money, the loan agreement is considered not concluded.
They have no proof that you received the money. Such proof could be a receipt for receiving the transfer, but there is none, because. You didn't receive it.
Try to call them on the phone, they may not read the messages, it may be a service number for mailing lists.
Lawyer Povarova N. I., 2310 responses, 1317 reviews, online since 09/26/2017
18.2. Good day dear site visitor
You need to contact the Law Enforcement authorities with a statement on this fact, because it is not yet clear, perhaps this is a fraudulent scheme. AK as you have a deadline and are punished with interest, but the money has not been received, then contact the police or the prosecutor's office.
Lawyer Sidorov I. A., 5660 responses, 2708 reviews, online since 09/16/2015
18.3. Good evening.
A loan (credit) agreement is a real agreement, i.e. it is considered concluded from the moment of transfer of funds. If the funds are not received, then the contract is considered not concluded. If any claims are made under this agreement, you, or rather a relative, will be able to challenge it for lack of money. Given the unfair behavior of the lender already at this stage, I would recommend that you, or rather her, refuse to receive funds and find another lender.
If it is critically important to receive funds from this particular creditor, then you can recover them in court according to the offer-acceptance principle.
Lawyer Vargina K.V., 1929 responses, 1097 reviews, online since 09.12.2010
18.4. Dear Alexander!
I don’t want to repeat the eternal truths that before entering into financial relations with anyone, you need to imagine WHO YOU are dealing with. MigCredit is the name of the site, nothing more. There is no address, no contact phone number, no email address on the site. This site is owned by the Individual Entrepreneur (IP) Kadochnikov Egor Sergeevich. This IP was registered in 2014 in the Tyumen region.
You didn't write whether you signed any loan agreement or just sent an application? How did you get the answer? It would be nice to have this correspondence or screenshots. What are your rights and obligations? Loan term? After all, who do you owe money to? who is your borrower?
Without answers to these questions, it is difficult to give accurate advice.
Try contacting support again if you still want to deal with them.
I hope your relative did not send a scan of her passport? I categorically do not recommend doing this, even when dealing with Sberbank.
Good luck!
19. The situation is as follows. There were delays in the bank, they don’t give a large loan, they urgently needed money, I took it from the MFI. I expected that I would pay for everything or refinance, but it wasn’t the same, although I paid on time and even took it from other MFIs to pay in the existing ones. But since the interest there is growing by leaps and bounds, he could not pay them at once, and everything went wrong. Three months passed, and I decided to take a chance and buy these debts through the "Financial Assistance Cabinet". In any case, the reviews there are good and the conditions are optimal. I put money on the card to pay for this service, went to my personal account, and there - "the operation was not completed. There are not enough funds on the card." As I later found out at the Savings Bank, this money was written off by the MFI as a debt.
Here's how to be now? No money, no loans.
Lawyer Titova T.A., 113285 responses, 49840 reviews, online since February 17, 2012
19.1. Apparently, the bank account was arrested, by order of the court and the order of the bailiff - you will receive an order in the magistrate's court and file objections within 10 days, the order will be canceled and withdrawn.
Lawyer Gavrilova V. G., 6970 responses, 3017 reviews, online since 09/29/2015
19.2. Hello. In such cases, you should not look for some personal accounts on the Internet, but contact a lawyer or attorney. All such organizations, I mean MFIs, when giving out money, offer you an agreement to conclude. And in this agreement all the conditions for issuing a loan are specified. Therefore, when signing the Agreement, you need to think about what and where you take, and most importantly, for how long and at what percentage. At the moment, stop paying altogether, send the MFI to court. Find a lawyer who handles these types of cases. All the best. Thank you for your feedback.
Lawyer Sadykov I. F., 49431 responses, 26528 reviews, online since 10/11/2017
19.3. In case of fraud (), contact the nearest police station with a crime report. Receive a ticket-notification and KUSP.
20. I am a victim in a criminal case. The court, in addition to punishing the accused, ordered me to pay the stolen money. The verdict has entered into force. The fact is that the defendant stole funds from my credit card in the amount of 30,000 rubles, for the withdrawal the bank took a commission for another two and a half thousand. Total 32500. Previously, I did not use the card after repaying the loan, then after some time I was approved for a loan on this card and I could withdraw monetary harm from it, I did not know!
The defendant reimburses 500 rubles a month, while in the meantime, I had to pay 1,500 rubles to the bank. Since I am on leave to care for a child under 3 years old, I cannot pay the loan monthly. Now I have to pay 37500 to the bank urgently within 4 months. In August, she turned to the bailiffs at the place of residence of the accused, they said that 50% of her pension was already withheld from 2 banks, as a result, these 50% were divided into 3 claimants, i.e. approximately 16.5% each. In November of this year, they already said that it was being held by one bank, but at the same time, the percentage did not rise in my favor. Please tell me what can be done about this situation!?!?
Lawyer Shakirov A. A., 36929 responses, 15597 reviews, online since 03.12.2015
20.1. Contact the bailiff who is handling your case with a statement about increasing the percentage of deductions addressed to you. If the bailiff refuses, go to court.
21. I took a loan in the amount of 30,000 rubles at 27% per annum (visa card) paid several times more than I took and stopped paying. Now the bank has approached me with a lawsuit asking me to recover the principal amount, interest on an urgent loan, interest on an overdue loan 112 and a fine. If I understand correctly, then the interest for an overdue loan is a measure of responsibility for the delay? The interest in the calculation is 27 percent for a term loan and 27 percent for an overdue loan. But my contract does not say anything about what percentage is set in case of delay, I think that in this case it should comply with Part 1 of Art. 395 of the Civil Code of the Russian Federation? Or am I wrong? But the contract says only about the annual interest on the loan (loan rate) and the conditions for penalties from 300 rubles. up to 3000 rub. for delay. Help me sort out my debt to the bank is six times higher than the amount of the loan that I took. I took 30 thousand percent 12 thousand percent for an overdue loan 91 thousand and 8000 fine! Thank you all in advance, I appreciate your advice.
21.1. Hello Yuri!
Let the bank go to court. In court, ask for a reduction in a disproportionate penalty under Art. 333 of the Civil Code of the Russian Federation.
For more detailed advice, you can contact any lawyer for a fee in private messages.
22. Gentlemen, comrades, people at last!
If I took a loan, I always paid it, and once a disability of 2 groups fell ill, a pension of 4500 rubles. The only source of income.
The rent is 3800 rubles. Per month, compensation for rent 500 rubles. The bank filed a lawsuit to change the documents due to the impossibility of payment, the third part of the loan remained to be paid, and the bank collected the entire amount plus interest and fines, and that turned out to be a triple amount than what was taken from them. This is Alpha Bank. I live in St. Petersburg, I took a loan in St. Petersburg, but for some reason they filed a lawsuit in Moscow and have not yet been notified of the court and made a decision not even in absentia. So they began to write off 50% of the priests from the pension. And it’s not difficult to calculate how much for life, 2250 rubles. Tired of going to the priests, nothing to achieve. I turned to a lawyer for legal advice at 10 foundry pr., helped to draw up an application for cancellation and restoration of deadlines. Mailed in April. In May, the lawyer said urgently needed 30,000 rubles. In order to go to Moscow and resolve the issue of cancellation. I collected money from all my friends and gave it away. I still can't achieve anything. I ask you to return the money, I tell me there is nothing to live on, I still repay the debt to my friends from my pension. The lawyer tells me, maybe you will go to Moscow and solve the issue there, I ask Gennady Vyacheslavovich, that’s my lawyer’s name, is there really nothing that can be done, I took a loan in St. Petersburg, I live in St. Petersburg, why is it filed in Moscow ? Do something ... or return the money, then I will go to Moscow and, as you tell me, I will try to solve it on the spot, I still do it, but I don’t know what ... what to do? Tired, the pressure was tormenting and there was nothing to live on ...
Law firm Avellius Law Firm LLC, 114 responses, 75 reviews, online since 09/07/2017
22.1. Good afternoon, Allah.
The statement of claim is considered in Moscow, most likely due to compliance with the rules of contractual jurisdiction; regardless of the fact that you took out a loan in St. Petersburg.
In any case, if you are now cooperating with a lawyer and have paid a fee, then we are sure that he has a certain skill and tactics in dealing with this category of cases. Trust the specialist, ask him all the questions that concern you.
23. I have the following situation: I turned to a legal agency to take care of my case for the return of the sum insured from the loan, concluded a “service agreement” (if, of course, these 1.5 sheets can be called a contract), all this dragged on for three months, and she always called herself, sometimes without even calling, found out at what stage my case was, whether they filed a lawsuit, and so on, constantly heard some kind of stupid excuses, after three months I was told to make a notarized power of attorney for a lawyer who would represent my interests in court so that I myself would not be present there, which is the same for a legal agency. A summons came, called the agency, said that such and such a court date And so on, (they didn’t even know the exact date), on the day of the trial, called them in advance and asked the representative would be in court for sure?!... they said yes, of course, he would come one hundred percent ... as a result, at the appointed time, they call me from the court and tell me to urgently come with the documents to the court, it turned out that the Representative did not arrive, calling the court and lying something, I started calling the agency ... they didn’t pick up the phone from me. .. I went to court myself, since I am a plaintiff, a meeting was held, after that they woke up and called me (before that, they called the court and found out whether the meeting passed or not and what was the result)! They didn’t even agree to lie in the same way, there was simply no limit to my surprise, how irresponsible lawyers are and why they even take on people’s cases! Now I want to revoke the power of attorney and terminate the contract with them ... since the clause in the contract "representative in court" was violated, and this is the duty of their side! Will it be right if I revoke the power of attorney, send them a letter with a notification that I am terminating the contract with them, since it has been violated?...
23.1. Good day. Since the service was not provided to you, you have the right to apply for termination of the contract and the return of the money paid on the basis of Article 32 of the Consumer Protection Act.
Lawyer Alexandrov O. A., 521 responses, 289 reviews, online since 09/12/2017
23.2. Good afternoon, in this situation, you first need to get to the notary and cancel the power of attorney, then notify this organization about the termination of the contract, but first carefully read the terms of termination of the contract.
24. Please tell me, does the bank have the right to change the interest rate of the mortgage loan (credit) prescribed in the agreement upwards in case of my refusal to re-insure the loan (credit) and my health or not?
In order not to delay the repayment of a mortgage loan (loan), I began to repay it before urgently, thereby reducing the amount of monthly payments. By the end of the payment for the first year, the bank operator (head office) called and said that it was necessary to go to the bank branch where he received the loan (credit) and take out a new loan insurance (credit) and the client's health, thereby forcing me to make additional transfers. Nothing is written in the agreement on changing the interest rate in the direction of hobby in the event of my refusal from additional services for insurance. When applying for a mortgage, a bank specialist informed that the client had the right not to use insurance services, and the interest on the mortgage loan would not change. What to do?
Lawyer Mataev A.G., 40206 responses, 22127 reviews, online since 07/07/2011
24.1. Good day.
In this case, the bank is partially right.
You are required to take out annual property insurance (FZ "On Mortgage (Pledge of Real Estate"), if you take out it, the bank has the right to set a penalty and raise the interest rate.
But you are not obliged to insure life, and here you can apply to the Central Bank with a complaint, as well as to Rospotrebnadzor.
25. After the license was revoked from the pro business, I was left with the main loan debt of 33465.90, I didn’t know where to turn to and where to pay the loan, and a month ago they called me, yelled at me, didn’t even introduce themselves and threatened to sue. I do not refuse to pay, but the question is to whom. And today I received a letter demanding to urgently pay off the debt with interest and penalties already in the amount of 823848.28. Tell me what should I do and where to turn?
Lawyer Balakhtin F.V., 25958 responses, 11664 reviews, online since 07/03/2011
25.1. The revocation of the license does not mean that the loan can not be paid. If, after the revocation of the license, the bank is declared bankrupt by the court, the stage of bankruptcy proceedings begins, which can last from a year or more. All property of the bank, including the right to claim under loan agreements, constitutes the bankruptcy estate. The bankruptcy trustee must either take care of claiming payments on loans, or transfer this right to someone else. So the new creditor will have to repay the debt.
Apply with a complaint to the Internet reception on the website of the Central Bank of the Russian Federation, attach a scan of the request.
Lawyer Kolkovsky Yu.V., 100658 responses, 46974 reviews, online since 07/05/2015
25.2. Do not pay anything, they will file a lawsuit and you will reduce both penalties and forfeit
Article 333
[Civil Code of the Russian Federation] [Chapter 23] [Article 333]
1. If the penalty payable is clearly disproportionate to the consequences of the breach of the obligation, the court has the right to reduce the penalty. If the obligation is violated by a person engaged in entrepreneurial activity, the court has the right to reduce the penalty, subject to the debtor's application for such a reduction.
2. Reduction of the penalty determined by the contract and payable by the person engaged in entrepreneurial activity is allowed in exceptional cases, if it is proved that the recovery of the penalty in the amount provided for by the contract may lead to the receipt of unjustified benefits by the creditor.
Lawyer Larin O. Yu., 8401 responses, 4277 reviews, online since 08/04/2015
25.3. Hello Lyudmila!
Demand that they go to court, indicating that you will only talk to them in court and let them not call again, otherwise go to the police with a statement about extortion (Article 163 of the Criminal Code of the Russian Federation). In court, demand the presentation of a cession. If presented, ask the court to reduce the disproportionate penalty under Art. 333 of the Civil Code of the Russian Federation (a proportionate penalty cannot be higher than the amount of the principal debt), if they do not present an assignment agreement, ask to refuse to satisfy the claims, as to persons who do not have the proper authority to collect the debt.
26. I was lured to a medical center supposedly for a free consultation. As a result of their promises, persuasion to restore my health, I signed on 04/10/2017 a loan agreement that was enslaving for me with a bank for 120,700 rubles. After 2 days, I came to my senses and went to terminate the contract in honey. center. Only on May 15, 2017, I managed to draw up an act of termination of the contract. Moreover, the act indicated that 87,050 rubles would be paid to the bank by honey. center and interest for the time of using the loan at that time I will pay in the amount of 4005 rubles. I did not receive credit money and the services of honey. I have never used the center. I objected, but they threatened that until I signed these conditions, the act would not be drawn up. I signed and paid the bank 4100 rubles. The act did not indicate the date of return to the bank of money honey. center in the amount of 87,050 rubles, although it was verbally promised to return the money within 10 days. But 15 working days have already passed, and the money has not been received by the bank. Only promise today, tomorrow, this week. Question such: as honey. to force the center to urgently pay the money to the bank, otherwise I will have to pay not only interest, but the entire amount, tk. the loan is in my name.
Lawyer Semenov A.F., 35053 responses, 12311 reviews, online since 03/29/2015
26.1. It is necessary to apply to the court with a statement of claim on the basis of consumer protection law. Ask for a refund and damages.
27. My husband and I bought an apartment in 2013 for 2280000 using a mortgage loan. In December 2013, we partially extinguish the loan with maternity capital. In 2014, I submit a declaration for a property deduction excluding maternity capital (out of ignorance). the final property deduction of 260,000 was returned in 2016. In 2017, I continue to submit a declaration for the return of interest from the loan. Today they called me and told me to urgently submit a clarifying declaration, taking into account maternity capital. How to do this if the tax has already been returned? And if so, what amount should be indicated 2280000-410000 (mat. capital) = 1870000 or 2000000-410000 = 1590000
Lawyer Budilova N.N., 32368 responses, 13173 reviews, online since 10.03.2009
27.1. To do this, you contact the tax authority from where you called, since the revised declaration is an adjustment of information, most likely, maternity capital should be deducted from the cost, since it is not taken into account in the calculation of the tax deduction for personal income tax.
28. In 2013, I took out a loan for urgent needs from Renaissance Bank in the amount of 370,000 rubles. I paid regularly for a little more than a year, then 3 months of delay and payment was made again, then 7 months of delay, for these 7 months the bank's collectors called me and my children for 24 hours a day with threats and incorrect treatment of me and my children. After the threats, I made a payment on May 31, 2016 in the amount of 29,000 rubles at the rate of paying a monthly payment of 12,251.13 rubles. Then the calls became less frequent, and then they stopped calling altogether until today. Payments were not made due to my temporary unemployment. She herself tried repeatedly to get in touch with the bank and resolve this problem, but no one even tried to listen to me, the answer on their part sounded unequivocally "Repay the loan debt with interest and fines at once the entire amount." At the moment, the amount amounted to 1,116,070 rubles, of which 200,000 rubles were the main debt. The fact is that the bank itself does not meet me in any way and does not notify me of anything, I mean solving the problem. At the request of their debt, they do not provide any information, send them to the phone, call the bank's hotline, where I hear one answer: "The amount of debt is such and such ..., pay the entire amount urgently." And today they call from the bank (they were silent for a year), they announced the amount of debt 116,070 rubles, and of which 200,000 rubles are the main debt. When I asked that the bank did not contact me, they answered that the bank resold my debt to collectors 4 times, but later they all refused. I am an honest person, if I have to, then I need to return it. At the moment I have to go to work, but unfortunately not official. I do not refuse the debt, I am ready to pay, but there is no such amount right away. I am afraid that the bank will sue me and the court will award this amount, and then if you delay the time until the trial, the amount of debt will increase. How to be?
Lawyer Shevchenko O.P., 177970 responses, 77656 reviews, online since 04/27/2009
28.1. The bank has the right to sue, then, on the basis of a court decision, 50% of the debt repayment account will be withheld from your salary.
Lawyer Kholodilova I.V., 21868 responses, 13003 reviews, online since May 15, 2013
28.2. Hello! Renaissance Credit is not always and very reluctant to go to court. Your loan limitation period will soon expire, and even if the bank goes to court, you will declare the application of the limitation period there. Complain about collectors to law enforcement agencies or the prosecutor's office, you can not talk to them at all. Good luck and all the best.
Lawyer Toma A. V., 21790 responses, 10637 reviews, online since 02.11.2016
28.3. In your case, it is better to wait for the court, file a petition with the court for an installment payment, reduce the penalties and interest, the amount will decrease significantly, and in your case there are delays between such large payments, you will only pay penalties and fines.
Lawyer Maksimov M.V., 22010 responses, 12939 reviews, online since 09/15/2016
28.4. Wait for the trial, ask for a reduction in interest and penalties during the process, or consider bankruptcy
"Civil Code of the Russian Federation (Part One)" dated November 30, 1994 N 51-FZ (as amended on March 28, 2017)
ConsultantPlus: note.
On some issues of application of Art. 333 of the Civil Code of the Russian Federation, see Resolution of the Plenum of the Supreme Court of the Russian Federation of March 24, 2016 N 7, Resolution of the Plenum of the Supreme Arbitration Court of the Russian Federation of December 22, 2011 N 81.
"" Civil Code of the Russian Federation Article 333. Reducing the penalty
(as amended by Federal Law No. 42-FZ of March 8, 2015)
(see text in previous "edition")
The positions of the higher courts under Art. 333 of the Civil Code of the Russian Federation ">>>"
""one. If the penalty payable is clearly "disproportionate" to the consequences of the breach of obligation, the court may reduce the penalty. If the obligation is violated by a person engaged in entrepreneurial activity, the court has the right to reduce the penalty, subject to the debtor's application for such a reduction.
""2. The reduction of the penalty determined by the contract and payable by the person engaged in entrepreneurial activity is allowed in exceptional cases, if it is proved that the recovery of the penalty in the amount stipulated by the contract may lead to the creditor receiving unreasonable benefits.
3. The rules of this article do not affect the right of the debtor to reduce the amount of his liability on the basis of Article 404 of this Code and the right of the creditor to compensation for losses in the cases provided for by Article 394 of this Code.
Lawyer Moskaleva M. G., 4443 responses, 1653 reviews, online since 05.10.2015
28.5. Elena, if the bank files a lawsuit against you, and you are in another place, then having proof of departure in your hands - tickets, temporary registration, etc., you can always restore the deadline for appeal. You can also be the first to apply to the Court with a request to write off the penalty and provide an installment plan for the execution of the court decision. Recently, the Supreme Court clarified that citizens have the right to file a claim with the Court demanding a reduction in the penalty on the basis of Article 333. A debt that exceeds the principal debt by more than 5 times is insanity, and therefore it can and should be reduced. It would be better if you did not pay them at all, than with interruptions of 3-7 months. It is better to seek the help of lawyers. All the best!
Law firm Law firm "Yurvita", 25631 responses, 9177 reviews, online since 03/09/2016
28.6. good day, Elena! It is better to apply to the court yourself to the bank to terminate the contract, ask the court to reduce the amount of penalties and fines in accordance with Art. 333 of the Civil Code of the Russian Federation. After the entry into force of the court decision, write an application addressed to the judge who made the decision, or the bailiff for installment or deferred payments. Thus, you can reduce the amount of debt and install it over time. I advise you to contact lawyers in your personal mail, they will help in solving your problem, draw up the necessary documents. You can successfully resolve your issue with legal assistance.
Thank you for using the site!
29. There was a loan of 16.5% for 316,000 rubles in 3 yat, 287,560 rubles were received on hand. By virtue of the Finnish 3 difficulties the loan was overdue. The bank sued. the price of the claim is 367200 rubles,
267 548 - overdue principal debt,
53,000 interest arrears, approx. 7000-forfeit 3 and overdue principal, approx. 15000-forfeit 3 and overdue interest approx. 25,000 urgent interest on the overdue principal.
How much can you reduce the debt, and is it possible to return the insurance on this loan?
Lawyer Plyasunov K.A., 145007 responses, 35783 reviews, online since 26.02.2013
29.1. Hello.
1. Under a loan agreement, a bank or other credit organization (creditor) undertakes to provide funds (credit) to the borrower in the amount and on the terms stipulated by the agreement, and the borrower undertakes to return the received amount of money and pay interest on it.
2. The rules provided for by paragraph 1 of this Chapter shall apply to relations under a loan agreement, unless otherwise provided by the rules of this paragraph and does not follow from the essence of the loan agreement.
You need to look at the contract.
Lawyer Shestakov P. D., 10380 responses, 5392 reviews, online since 11/01/2016
29.2. Currently, there are often cases of unreasonable imposition of the services of insurance organizations when receiving the services necessary for a citizen. This action is contrary to the provisions of the Federal Law "On Protection of Consumer Rights". If such a situation occurs, then usually the costs of this insurance are included in the monthly payments.
You will need to go to court to protect your rights as a consumer, write a statement of claim to terminate the insurance contract, receive back the money paid, and other costs incurred by you, including moral damage.
The probability of the return of funds in this case is high, but not "100%".
Do not pay attention to the company's warnings about the impossibility of repaying the debt, they usually involve a lawyer who, even before the court, does not admit that you are right in this case. In this regard, I also recommend engaging a lawyer to draw up a statement of claim and represent interests in court, the court will recover the costs of attracting the defendant - the bank.
The probability of a refund by the bank itself on your application there is not great.
Lawyer Kugeiko A.S., 86702 responses, 38689 reviews, online since 05.12.2011
29.3. Hello Alexandra
For debt, only the penalty can be reduced.
Insurance must be returned immediately, within 5 days from the date of issue of the insurance policy
I wish you good luck and all the best!
Lawyer Beldyaeva N. A., 37431 responses, 21397 reviews, online since 02/12/2016
29.4. Good time of the day. It is necessary to carefully study the contract, namely its conditions regarding violation and liability. You can reduce it only when the creditor goes to court and asks to apply Article 333 of the Civil Code.
Lawyer Stepanov V.I., 36189 responses, 15922 reviews, online since 10/15/2011
29.5. Ladies and gentlemen!
You can talk a lot about the fact that loans need to be repaid, that it is shameful and not decent not to pay off creditors. Or vice versa, you can lament about the inflated interest rates on loans, the falling standard of living of Russians and the lawlessness of collectors. But at the same time, the fact remains: 25 percent of citizens of the Russian Federation are in banking bondage, that is, they are in a situation where their partial and non-permanent payments under the loan agreement are completely spent on paying off penalties / fines / forfeits, but the amount of the principal debt is not decreases.
And so, this article was written by me to help those citizens who are no longer able to pay their loans. My uninterrupted experience in protecting the rights of debtors and fighting credit institutions is already 6 years old, and during this time, by trial and error, through complex litigations, I have developed a certain formula for success. For all the time of my legal practice in protecting the rights of debtors, not a single client of mine has paid a single penny to the bank. I want to emphasize this: not a single client has paid a single penny to the bank.
Let's start with general information and understanding of what a bank, microfinance organization, credit cooperative is. By virtue of Art. 1 of the Federal Law “On Banks and Banking Activities”, a credit institution is a legal entity that, in order to make a profit as the main goal of its activities, on the basis of a special permit (license) of the Central Bank of the Russian Federation (Bank of Russia) has the right to carry out banking operations provided for by this federal law. Accordingly, the law establishes that a bank is an organization that makes profit out of thin air, simply manipulates cash flows, enslaves and puts average people in conditions incompatible with life. It would be wrong to say that the bank's profit is formed only due to inflated interest rates on loans for ordinary citizens. But still, given the peculiarities of the Russian banking system, banks live at the expense of ordinary citizens, at the expense of extortionate interest, due to the fact that they take away the last money, property and even housing from ordinary citizens, from us. Based on my experience, not all, or rather less than half of the citizens, carefully study the terms of the loan agreement before signing one. Most would never have entered into a loan agreement, knowing what later moral, emotional, physical and material difficulties they would experience. Everyone knows cases when debtors on loans commit suicide, when families break up because of debts, when collectors beat and burn people alive along with their own home, when children are malnourished, when nervous breakdowns occur, plans collapse, and against the backdrop of constant stress the debtor becomes weak and sickly, acquires chronic diseases and even dies. You can endlessly enumerate all the consequences of the activities of commercial banks in Russia, but this is not mentioned when a lucky man in a white shirt and with a Hollywood smile looks at us on TV or from a billboard, offering us to get a loan in just 10 minutes. So, only a highly qualified lawyer can help you get out of a situation of complete ... credit debt. At the same time, on absolutely legal grounds, the debtor may not pay a penny to the creditor.
1) First and MOST IMPORTANT: stop paying on all loan agreements you have. Do not pay a penny, do not contact bank representatives, do not answer phone calls and written notices. Just ignore. In no case do not agree to any restructuring, because, in fact, this is a new loan agreement, but with more onerous conditions. Don't be tempted to pay off part of your debt. The bank collection service will scare you with a statement about fraud, seizure of property, dissemination of information about you, damaged credit history, collectors may even threaten and use obscene language in their speech, they will scare you with dismissal and negative consequences for children. Remember: all this is nonsense without any legal basis. Apart from going to court, there are no other options for the creditor. There is nothing illegal in not paying the bank. This is a civil relationship and with the right sequence of actions, you can forget about the debt.
2) The next thing to do is to notify all creditors in writing of your difficult financial situation and offer to terminate the contract, or apply the full debt forgiveness procedure to you. This is necessary in order to avoid some negative consequences and officially declare your insolvency. The main thing to understand at this stage is that you do not evade payment and do not hide, you simply do not have the opportunity to fulfill your obligations under the contract. And the opportunity to repay the debt in the next hundred years is not expected. Also keep in mind that for loan amounts of less than 50 thousand rubles, the lender will not go to court at all in 99% of cases. You can simply forget about such a debt.
3) In the third and all subsequent stages, you will need the help of a lawyer to achieve success and avoid mistakes. At this stage, you need to take care of the property so that everything you have acquired through overwork remains with you or your relatives, wives, children, parents, business partners, just close people you trust.
4) The key stage is the litigation. There are hundreds of options for the development of events: recognition of the agreement as not concluded, termination of the agreement, recognition of the loan agreement in whole or in part as invalid, recognition of the agreement on the assignment of claims as null and void. An independent direction in all this is the recognition of an individual as insolvent. Regardless of the amount of debt, whether it is one hundred thousand rubles or one hundred billion rubles, it makes no difference, after the successful completion of the bankruptcy procedure, all debts will be liquidated. True, it is worth mentioning that the bankruptcy of an individual is advisable if the amount of debt is at least five hundred thousand rubles.
Here, in fact, very concisely and briefly about what we have been successfully doing for the past six years. We provide assistance to citizens throughout the Russian Federation, including remotely. Of course, each situation with each debtor is individual and often requires a non-standard approach. But this is our job and we do it well.
Sincerely, Lawyer - Stepanov Vadim Igorevich.
30. Please tell me how to prove your truth. The fact is that I wanted to put a monthly payment on the loan through the SB ATM. Only now the ATM accepted the money, but they were not credited to the card, and of course I could not pay for the loan, because. funds have not been withdrawn. I called Sberbank and explained the situation. They accepted my application, they said that they would eliminate their flaws in the shortest possible time. Only for 6 days nothing has happened on their part, they do not return the money, but only call and send SMS that they urgently need to pay the loan, because. there is already a delay. They say find more money, pay, and we will later return the money you put in, otherwise the loan will continue to pay interest on non-payment. The payment amount is not small, why should I, due to a technical failure of their ATM, run to borrow money when it is their fault. How to prove that they are wrong in this situation?
Lawyer Khachetsukov Yu. M., 10299 responses, 4881 reviews, online since 09/15/2016
30.1. Do not confuse two different processes. A technical failure and a loan agreement are two different things. You will have to find funds and pay, and then deal with the bank. You can also sue them for poor service. I hope that you have not lost the receipt for receiving money from an ATM.
Lawyer Kostenko O.V., 47227 responses, 20248 reviews, online since May 17, 2014
30.2. Good afternoon. You do not need to look for anything, write them a written claim that the funds were deposited at the ATM in a timely manner. Have a nice day me.
Lawyer Eremin A. A., 4108 responses, 2143 responses, online since 10/31/2016
30.3. Good afternoon.
Write a written complaint describing the situation. It is also better for you to write an application to the bank on the issue of granting you a deferral of making the next payment on the loan due to the current situation. Attach a copy of the application.
Lawyer Egorov A. Yu., 534 responses, 252 reviews, online since 11/26/2016
30.4. Good afternoon! You don’t need to find anything additional, the main thing is to keep the check on the basis of which you deposited money towards the fulfillment of your credit obligations. This check contains all the necessary details to confirm that you have fulfilled your obligations. The fact that they will have to recalculate the penalties is solely the difficulties of the bank.
