Hi all. The week is drawing to a close, and today I would like to talk about something. What do you know about the return of the insurance premium you paid for your credit insurance? And if I say that this money, well, by at least some of them, can you return? I think this is a good reason to read the article.
In fact, and I want to warn you right away, this topic is quite controversial. And not always the borrower, who paid for the insurance of his loan, can demand this money back. Yes, of course, he can try to challenge the insurance clause in the loan agreement (if he has joined the collective agreement voluntary insurance) or invalidate the insurance contract (concluded between him and the insurance company) that were imposed by the bank. But is there a chance to get your money back from a borrower who did not dispute the insurance, but simply repaid the loan ahead of schedule? This is what we will talk about with you today.
So, the conditions of our task: the borrower issued a loan and agreed to insurance. At the same time, the insurance was paid in full at the expense of credit money. And lo and behold, the borrower repays the loan ahead of schedule. It is perfectly! Banks love such borrowers. But what to do with the insurance contract? On the one hand, it continues to operate, on the other hand, the need for it has disappeared.
Remember the first! In such a situation, do not rush to terminate the contract! If you write to insurance company such a statement, she, of course, will terminate the contract, but she will not return the money to you either. Rationale: if the insurance contract does not provide that in case of early termination of the insurance contract, the insurer (insurance company) returns to the insured (borrower) the balance of unused insurance compensation, then the money remains in the insurance company.
If such a possibility is provided for in the contract, the insurance company is obliged to recalculate the amount that you paid for insurance ( total amount– the period of time when the insurance contract was in effect), and return the balance to you.
Remember the second! Before taking any action to return your money for insurance, carefully study the Insurance Policy and the Insurance Rules developed by your insurance company. If you have not been given such rules, you can find them on the Internet.
What should you see in the Rules and the Agreement? Firstly, the grounds for terminating the insurance contract, and secondly, the opportunity to return part of your money in case of early termination of the insurance contract. These items are a must.
And now about the ambiguity of this topic. By and large, as I said, the key to your success consists of two criteria:
- You repaid the loan ahead of schedule;
- Your company's Insurance Rules contain a clause according to which, in the event of termination of the insurance contract due to early repayment of the loan, the insurance company is obliged to return to you the balance of the insurance premium minus the amount already used (that is, your amount minus the term of the insurance contract until the date of its termination ).
In most cases, when such a clause is available in the Insurance Rules, the insurance company pays the borrower the amount due to him. But what if the insurance company did not return the money?
And here lies, in my opinion, the main point of contention. Arbitrage practice in such cases is extremely scarce and contradictory. But, I found for you one of the few options that can work in your favor. Now I will tell you the theoretical calculations, and you can either simply take them into account, or try to restore justice in court with their help. At the end of the article, according to tradition, I will distribute chocolates to everyone, that is, a sample of the desired statement of claim.
Like all other cases related to the protection of consumer rights, these are also not subject to state duty, and are considered in court at the place of residence of the consumer, that is, the borrower. In other words, by filing a similar lawsuit with the court, you do not lose anything, but you may well gain.
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So, according to paragraph 1 of Article 958 of the Civil Code of the Russian Federation, the insurance contract is terminated before the deadline for which it was concluded, if after its entry into force the possibility of an insured event has disappeared and the existence of an insured risk has ceased due to circumstances other than an insured event. And this is just a case of early repayment of the loan. In other words, by repaying the loan ahead of schedule, you create a condition for the termination of the insurance contract.
And here's what the Law says about insurance premium (your insurance fee). According to paragraph 3 of the same article 958 of the Civil Code of the Russian Federation, in case of early termination of the insurance contract due to the circumstances specified in paragraph 1, the insurer has the right to a part of the insurance premium in proportion to the time during which the insurance was valid. That is, the insurance company has the right to keep part of the insurance premium for itself, and the rest of the money must be returned to the insured, that is, to the borrower.
In addition, the law also speaks in favor of this position. Russian Federation"On the organization of insurance business in the Russian Federation". According to paragraph 7 of Article 10 of the Law, upon termination of a life insurance contract that provides for the survival of the insured person to a certain age or period or the occurrence of another event, the insured is returned the amount within the limits of the insurance reserve formed in accordance with the established procedure on the date of termination of the insurance contract. The insured is a borrower, respectively, he has the right to receive the balance of unused money.
And, finally, indirectly, this position is confirmed by the Letter of the Ministry of Finance of the Russian Federation dated May 8, 2013 No. 03-04-05 / 4-420. According to this letter, firstly, the insurance company is obliged to return to the insured (borrower) a part of the unspent amount of the insurance premium minus the term of the insurance contract, and, secondly, the insured (borrower) should not pay any taxes on this amount. In other words, the wind is blowing in favor of the borrower.
But, in all this business there is one big BUT. All my calculations rest on the Insurance Rules, which differ for each individual insurance company. Therefore, before starting hostilities against banks and insurance companies, read these very rules carefully.
Of course, you can try and fight them in judicial order. Of course, I do not urge you to write batches of statements of claim for any reason, but if you have something to lose, and if you think you are ready to fight, do it.
And now about my draft statement of claim for the return of part of the insurance premium in case of early repayment of the loan
What is the claim referring to: Firstly, to Article 958 of the Civil Code of the Russian Federation, I already cited it above, and it deals with the grounds for terminating the insurance contract, namely, when the very possibility of an insured event has disappeared and the existence of an insured risk has ceased due to circumstances other than an insured event. It suits us.
Secondly, I used Article 32 of the Law of the Russian Federation "On Protection of Consumer Rights", according to which the consumer has the right to refuse to fulfill the contract for the performance of work (provision of services) at any time, subject to payment to the contractor of the expenses actually incurred by him, related to the fulfillment of obligations under to this agreement.
And, thirdly, this form: I fulfilled my obligations under the loan agreement No. ________ dated ________ on 00.00.0000. Consequently, the existence of the insurance risk ceased, since according to the terms of the insurance contract, in the event of an insured event, the insurance company had to pay the debt of the Borrower to the Bank. And in this case, since the loan is repaid ahead of schedule, the sum insured is zero. Therefore, the Respondent is obliged to return to me the amount of money under the insurance contract in the amount of ____________ rubles.
Here, in in general terms and all. Before filing a claim, do not forget to send to the insurance company first an application for the return of unused insurance premium in connection with early repayment of the loan, and then a pre-trial claim. They are also in the book. And I recommend watching the video on my channel. In it, I told about the whole story with tied insurances.
P.S. Yes, by the way, I have to my credit several positive decisions on such disputes. All my articles are based on my real practice. One example is in the book.
For several years now, the country's banking institutions have been offering individuals when obtaining a loan, insure yourself against accidents and illness. The purchase of a policy is not mandatory, but when purchasing it, lenders offer more loyal conditions for borrowing funds. For this reason, customers do not refuse such a tempting offer. However, along with this, many are interested in how to return insurance after repaying a loan from a bank if the borrowed money is paid ahead of schedule.
Is it possible to return the insurance after paying off the loan
Whether to purchase a voluntary insurance policy or not depends entirely on the borrower, since the bank does not have the right to impose this service. The insurance premium can be paid separately, asked to include it in the amount of debt or deduct money from the loan received. Taking out insurance will help protect the client and co-borrowers from financial problems that may arise in the event of disability, accidents and even death of the borrower.
It is noteworthy, but bank employees willingly tell potential customers about all the benefits of taking out a policy and how to get reimbursed in the event of an insured event. However, few people are aware that it is possible to return the money paid for insurance or part of it when repaying a loan before the expiration of the insurance contract.
For early repayment
On the question of whether insurance is returned upon repayment of the loan, you can find out by carefully studying the contract. If you have free money, and you decide to pay off the credit institution ahead of schedule, then in most cases the law will be on your side, and you will be able to return the rest of the insurance. The amount will be calculated based on the remaining months until the end of the contract after the date of full repayment of the loan.
If the loan is repaid on time
If the borrower repays the debt without ahead of schedule, but with the payments specified in the contract, then after the last installment the loan contract will close, and the voluntary insurance policy will end with it. Traditionally, insurance is bought for a period of one year with an annual renewal. If you are borrowing cash for several years, then the insurance is issued for the entire period of validity loan agreement. If you took a loan, for example, for 9 months, and the policy was issued for one year, you can safely demand that you return the money for the remaining 3 months.
In what cases is it impossible to return insurance for a loan?
Before signing the contract, you must carefully read all its clauses, where it will be written whether the client is entitled to a refund of the paid insurance premium or not. There are a number of moments when the money for the policy cannot be returned, even if you repaid the debt ahead of schedule:
- if there was an insured event, since a part of the remuneration was paid;
- if there are delays in payments, even if penalties were paid, because you did not fulfill all important conditions contracts on time
- if the loans were repaid according to the established schedule in full on time;
- subject to the conclusion of a comprehensive insurance contract, when the beneficiary is a banking institution;
- if the contract contains a clause stating that the insurance is not refundable upon full repayment of the loan.
Legal regulation
The legal illiteracy of the majority of the population of Russia allows banks and insurance organizations to turn the situation on the issue of the return of insurance in their favor. If we talk about early termination of an insurance contract during the “cooling off period”, then here you can directly refer to Bank of Russia Ordinance No. 3854-U “On the minimum (standard) requirements for the conditions and procedure for the implementation certain types voluntary insurance”, which entered into force on June 1, 2016.
As for the question of how to return insurance after repaying the loan ahead of schedule, here you can be guided by the Consumer Protection Law and the Civil Code, which give a person the right to terminate any concluded contract. However, under the law itself, insurance companies are not required to return money to customers, but this can be challenged in court, but only if the insurance concerns life, financial risks and health.
How to get money back from consumer credit insurance
Compulsory insurance applies only to collateral, so if you have taken a standard consumer loan, you can safely refuse to purchase a policy. If the insurance was purchased, you can return it during the "cooling off period", which is legally allowed for 5 days, although some banks extend this period. Provided that you repaid the debt ahead of schedule, you can do the following:
- carefully study the contract and find out whether the return of the insurance premium is allowed if early repayment;
- if it is possible to carry out the procedure, collect the necessary package of documents, which includes a passport, a copy of the loan agreement and a certificate from the bank on full repayment of the debt;
- make an application to the insurance company and attach the collected papers.
Return of insurance on a loan in case of early repayment
In order to return the insurance after paying off the loan ahead of schedule, it does not take much effort. However, it must be understood that problems can arise with this. This may be, for example, the refusal of the insurance company. In addition, you should not count on the fact that you will receive the entire amount, because the policy was purchased for the entire repayment period of the debt. First of all, you need to realize whether it is worth it to return the funds, because sometimes the benefits received can be disproportionately small compared to the efforts that were expended.
Refusal to return
The most common option is the refusal of the insurance company to return the money for the policy, or rather for unused time due to early repayment of the loan. This is primarily due to the fact that customers inattentively read the contract before signing it, because the clause that the UK does not return the money in the event of full repayment of the loan is often included in the contract, but written in crayons. It is unlikely that you will be able to solve this problem yourself, therefore it is recommended to use the services of a professional lawyer.
Partial reimbursement of the insurance premium
It is possible to return part of the funds spent on the purchase of the policy, provided that the loan is paid off ahead of schedule, but the amount will be small. You need to be especially careful here, as insurance companies can motivate their position by saying that most of the funds were spent on administrative support, which is why they return so little money. If the cost of the policy is high, you can request a printout on the use of money, thereby achieving a return of the maximum possible means.
Full refund of the sum insured
It is completely possible to return the insurance only if you repaid the loan ahead of schedule, but the debt period was one, maximum two months. Under such circumstances, the insurance company simply cannot prove what it spent on. most funds. At the same time, this is the only case when you can achieve justice without litigation.
How to pick up insurance after paying off a loan - the procedure for registration
Before you return the insurance after the full repayment of the loan, you need to find out how the contract was concluded. The fact is that most borrowers make a big mistake when they apply directly to the lender. This can only be done if the insurance is part of the services provided by the bank - the so-called comprehensive insurance. In all other cases, it is necessary to write an application to the insurance company, where the insurance premium is recalculated in proportion to the period of use of the loan.
Application to an insurance company
To terminate the insurance contract, you must write an application to the insurance company. In it you need to indicate your passport data, the number of the insurance contract and the reason why you are going to terminate the agreement. You can transfer it personally to the representative of the UK, but at the same time you need to make sure that he is assigned incoming number, otherwise it will be difficult to prove anything. If this is not possible, you can also send an appeal by registered mail, however, you will have to notarize your own signature and send documents along with the application.
What documents need to be provided
You need to understand that one statement will not do the job. First of all, you need to prepare a personal passport and a copy of the loan agreement. In addition, you will need to visit a bank branch, where you can get a certificate of no debt (on full repayment of the loan). However, you must be prepared that the insurance company may require other documentation. For example, information about the current account may be required, since the refund is transferred to the client exclusively by bank transfer.
Do they return insurance on a loan at Sberbank
Since the majority of loans issued, according to statistics, are for largest bank countries, many are interested in how to return insurance on a Sberbank loan. This option is only possible with early repayment of debt. To do this, you need to contact the insurance company and write a statement to which to attach a certificate of no debt. This rule works with IC Sberbank Insurance, which is owned by the financial institution itself. If the policy was purchased from another organization, the issue may be more complicated.
Return of insurance after the payment of the VTB 24 loan
When applying for a loan at VTB24 and purchasing insurance, the bank will offer you profitable terms concerning the reduction interest rate. However, employees often offer to conclude a contract for a period of two or three years, citing the fact that insurance will be cheaper this way. There is a rational grain in this, but in the case of long-term loans issued, for example, for the purchase of a car or the purchase of real estate. With a consumer loan, this is not recommended, especially if the loan term is short. The procedure for returning part of the premium is similar to the above.
How to return insurance on a loan from Alfa Bank
If you turn to the official website of the bank, you can find information that the bank returns insurance to its customers only during the "cooling off period", which lasts five business days from the date of conclusion of the contract. In all other cases, including early return loan, it is necessary to look at the loan agreement, where such an opportunity and the procedure for the return of funds should be prescribed.
What to do if the insurance company refuses to accept the application
Provided that the insurance organization does not want to return the money, although the concluded agreement does not prevent this, depending on the type of loan, you can go in two ways. If you paid off your mortgage or car loan early, you can write an application to change the beneficiary. In this scenario, the UK will pay the agreed part to the person for whom the property will be registered.
With consumer lending, you will have to go to court or contact Rospotrebnadzor. However, before that, you should carefully study the jurisprudence on such applications in order to understand what is the likelihood of a favorable outcome of the case in your favor. When going to court, it is important to understand that in the event of a loss, all legal costs will fall on your shoulders, so if the amount of the insurance premium to be returned is low, you need to think about whether it is worth starting this case.
Video
Any loan product must be guaranteed by something, in fact, for this purpose, the concept of credit insurance was invented. Since every loan is inseparably associated with a great risk of non-repayment, violation of deadlines, the bank should protect itself.
The price of insurance directly depends on the amount of the loan (the more valuable the loan, the more valuable the insurance). A special agreement specifies the circumstances of the reimbursement by the insurance company of the loan or interest on it, if the borrower ceases to fulfill obligations according to the return of the debt.
Is it possible to return the insurance in case of early repayment of the loan?
Is it possible to return the insurance in case of early repayment of the loan? Yes, it is possible! In case of premature termination of the insurance agreement, the insurance company has the absolute ability to pay the client part of the insurance premium.
The purpose of credit insurance is the greatest elimination of risks associated with non-repayment of the loan, and the protection of the interests of the creditor bank.
Reasons for early termination of the insurance contract in Article 958 of the Civil Code of the Russian Federation:
- the insurance contract may be terminated prematurely, if the likelihood of an insured event has disappeared;
- the presence of the insured risk has been completely interrupted due to any reasons.
There are several types of insurance:
- pledge of property;
- health and life of the creditor;
- commercial loans.
How to return the insurance in case of early repayment of the loan?
Initially, rather than decide on certain actions, you should carefully study the contract and the principles of the insurance company where you were issued an insurance document. If such information has not been provided to you, it can be searched on the Internet.
So, you need to find data, firstly, about the basics, the circumstances of the termination of the insurance agreement. Secondly, it is necessary to find the points affecting the premature closing of the loan. These items must be included in the contract. Then, with a successful premature closing of the loan, the insurance is curtailed.
It is stated in the agreements with your insurance company that in the event of termination of the insurance agreement due to premature closure consumer credit, the buyer is paid an insurance premium, which is also characterized as the amount of money minus the previously applied funds.
Terms:
- damage to only the insured property under circumstances that are not included in the occurrence of an insured event;
- termination commercial work in the order entered by a person who avoided the commercial risk or the danger of civilian liability associated with this work.
The insurer has the opportunity to withdraw from such an insurance agreement at any time. However, in this case, the insurance premium that existed and was paid by the insurance company is absolutely non-refundable, unless otherwise noted in the agreement.
In the explanations of insurance legislation, interest is certainly directed in such a case that not only the insurer, but also the insured person directly has the opportunity to withdraw from the mandatory insurance agreement in a one-sided mode.
If the final section is written on certain papers, often the buyer of the insurance company, who has repaid the loan debt prematurely, without difficulty acquires the necessary amount due. Otherwise, the borrower should apply to the judicial authorities.
The criteria for the return of insurance in case of premature closing of a loan can be found in the Civil Code of the Russian Federation (Article 958).
The law should pay attention to the following points:
Where to apply?
Numerous borrowers make the mistake of trying to recover finances for insurance With the help of a bank. The bank is often only a connecting link between the visitor and the insurance company.
For absolutely all questions about the return of insurance, it is appropriate to contact the insurance company immediately. This will save time and significantly increase the chances of obtaining an insurance premium in case of premature closing of the loan.
Before signing, it is necessary to carefully study the accepted contract, which often has a section on early termination of the agreement and refunds.
List of documents
In order to return insurance in case of premature closing of the loan, it is necessary to draw up a set of papers containing:
- Loan contract (its copy);
- Identification document of the borrower;
- Bank statement about full payment credit;
- Appeal to the head of the company
Bank service package
In some options, insurance is included in the package. banking services, therefore, in the significance of the insured, the credit device itself represents. In this kind of conditions, a direct contract between the borrower and the lending bank does not consist, and therefore, be guided by generally recognized standards Civil Code fail.
Help from non-profit rights organizations
In the event that the application to the insurance company did not lead to the necessary results, you should not give up the intention to return the insurance compensation.
In such a difficult situation, one cannot limit oneself without the involvement of highly qualified specialists from outside - and, more specifically, non-trade institutions for the protection of consumer rights.
Such institutions provide a wide range of services, including, they can help to receive various compensations in the field of credit.
Procedure and jurisprudence
The first thing to do is to take a set of papers containing the loan agreement and all additions to it, payment papers for the loan (checks, receipts, income orders, payment orders, etc.) and bank statements.
In addition, it is necessary to form a power of attorney, in which the assigned rights will be registered, and certify it with a notary.
How do some banks act in the event of a return of insurance, according to judicial practice:
- Bank VTB. Returns the unclaimed part of the insurance in case of premature termination of the obligation under the loan, it is enough to write a transfer request.
- Absolut Bank. The amount of the insurance deposit is not too large, it is recognized as small, due to the fact that in case of premature closing of the loan, the correspondent bank does not return it.
- AutoCreditBank. The insurance payment is calculated based on the price of the car, but the entire unoccupied part is returned.
- Binbank. When issuing loans, it insures the obligation of the borrower, the deposit amount is small, and is not returned in case of premature closing of the loan.
- Sberbank. Part of the insurance deposit is given back.
- Bank of the Capital. Pays the insurance premium for the unused insurance period.
Return periods
It is necessary to proceed with the formation of the return from the filing of a pre-trial complaint with the bank. Not later than 10 days after the withdrawal of the complaint, the correspondent bank is obliged to provide a response. During the study of the complaint, all documents are examined.
After the decision, it is necessary to organize subsequent operations. In case of a negative or no decision, it is necessary to prepare a claim to the correspondent bank. Within 3-8 months, a court session should take place.
In accordance with Art. 343 of the Civil Code of the Russian Federation, only property transferred to a credit institution as collateral is subject to compulsory insurance. Often bankers violate this requirement by issuing voluntary additional service for the mandatory. We will figure out how to return the insurance premium in case of early repayment of the loan.
In accordance with Art. 958 of the Civil Code of the Russian Federation, an insurance contract is recognized as terminated if insurance risks are completely excluded. This is just observed when the loan is repaid early, that is, the borrower ceases to need financial protection, since he has fully repaid the debt to the credit institution.
Often, insurers refuse to return part of the paid insurance premiums, motivating their actions, paragraph 3 of Art. 958 of the Civil Code of the Russian Federation. It states that upon termination of the contract unilaterally by the insured, the insurer has the right not to return the previously paid premium. In fact, this only works if the client decides to refuse insurance services at the stage of servicing the credit debt.
Thus, in the application for the return of the insurance premium, termination of the contract cannot be indicated as a reason, since this fact will be regarded as a cancellation of the policy. If the insurance company refuses to return the insurance, the insured can protect his interests through the courts.
Full and partial refund
There are 2 types of insurance premium refund:
- Full refund of funds paid under the insurance contract. This is possible if the insured repaid early financial obligations before the bank for 1-2 months. As practice shows, insurers almost always agree to return the insurance, since they have no reason to refuse.
- Partial refund. It is possible if more than 6 months have passed since the receipt of the loan. In this case, the insurer may refer to the insurance administration. However, if the insurance premium exceeds 80-100 thousand rubles, then it is more expedient to request an extract from the insurance company with a breakdown by areas of spending.
In addition, the insurance company may refuse to pay out if:
- the deadline for filing an application for a refund of the premium has been violated;
- the application is incorrect;
- there are no documents confirming the fact of repayment of the loan.
Is it possible to return the insurance in case of early repayment of targeted loans?
The main purpose for which banks promote insurance services is to ensure a guaranteed return of funds for loans granted. If the borrowing was repaid ahead of schedule, then the credit risks are cancelled. Accordingly, the client can return part of the funds for the unused period. For example: a mortgage is issued for 20 years, and the borrower repaid it in 10 years. At the same time, the insurance premium was paid in a single amount for the entire lending period at the time the loan was issued. In this case, the mortgage holder can return the money for 10 years.
If the client makes annual payments, then he may stop paying premiums and the insurance contract will be terminated automatically.
However, read the insurance contract carefully. Some insurers charge penalties and fines for violation of the deadline for making the next payment.
Ways to get your insurance premium back
Consider two ways to return the insurance premium:
- Contact the bank where the loan was issued.
- Contacting an insurance company.
Through a bank
The most simple, but not always effective method- contact the bank where the loan was issued. This option is suitable if the policy was purchased along with the basic package of lender services. Do not forget that for the return of previously paid funds for insurance contract only a month is given, then the insurer has the right to return only part of the insurance.
An application for the return of the insurance premium can be written at the time of receipt of a certificate of no debt to the bank. So, Sberbank has it unified form, in which it is enough to substitute your passport data, date, full name and number of the loan agreement.
On average, it takes 30-45 days to review an application and make a decision. Money is transferred to the account of the card or savings book.
Important! To find out if insurance is refundable, carefully reread the loan agreement. Some lenders indicate in it that in case of early cancellation of obligations, the return of insurance is not made. However, it all depends on the position of the judge. Often, the judiciary satisfies the requirements of the insured, citing the fact that it is impossible to charge a full fee for a partially provided service.
Through an insurance company
The second option is to contact the insurance company. In this case, the client, in addition to the application, is required to provide a package of documents consisting of:
- identity cards;
- loan agreement;
- certificates of no debt to a credit institution;
- insurance policy;
- a notarized power of attorney (if the documents are submitted by a person who is not the policyholder);
- details of the account for transferring the premium;
- documents confirming the making of insurance payments (checks, card statements, if payment was made by bank transfer).
It takes up to 30 days to review the documents and provide a response to the insured. In case of a negative answer, the client needs to contact Rospotrebnadzor with written refusal or file a lawsuit. Rospotrebnadzor will provide not only comprehensive advice, but will also help to file a claim for filing in court free of charge.
Important! Please note that all costs associated with litigation can be transferred to the insurer if the court makes a positive decision on the claim. In addition, the plaintiff can return part of the moral damage caused by the illegal use of his funds by the insurance company for its own purposes.
So, early termination of the loan agreement may be the reason for the return of the insurance premium. It is enough for the borrower to apply with the appropriate application to the creditor if the policy was received as part of basic package services, or to the insurer.
When applying for a loan at a bank, the client already knows that, in addition to the funds taken, he will need to return a commission for their use. These percentages can be very significant, especially if the additional costs include the amount of insurance. It will not be possible to avoid it if the loan is issued on long time secured by property. But there is also good news. These costs will be reimbursed if the debt is paid ahead of time. How is the return of insurance in case of early repayment of the loan, you will learn from this article.
Restrictions
In any case, it is worth striving to repay the debt to the bank ahead of schedule. Such an action will affect the state of personal finances and improve credit history client. Previously, banks charged additional fees for such an operation. It was not profitable for customers to repay the loan ahead of schedule. Today the situation has changed a little. Banks are still interested in customers using their money for as long as possible. No commission is charged for this operation, but special conditions. For example, in the case of mortgage lending, the following restrictions may be fixed in the contract:
- Early repayment is allowed after a certain period (3 years or months) after signing the documents.
- The amount of the payment cannot exceed the established limits (for example, twice the monthly payment).
- In rare cases, the contract states that this operation is generally impossible.
Early and partial repayment are not equivalent concepts. In the second case, the amount of the monthly payment increases. This can affect the debt repayment schedule in different ways. If such an operation was agreed in advance with the bank, then the amounts and repayment periods will be recalculated. AT standard scheme early repayment helps to reduce future payments (by reducing the amount of interest). In annuity - you can only reduce the loan term. The payment amount will not change.
How to pay off a loan early
Details of this operation can be obtained from bank employees. Sometimes it is necessary to write an application in advance (the deadlines are clearly regulated). It may take some time before you are allowed to repay the debt. 3 days after the repayment, it is worth calling the bank back and clarifying the result of the operation, making sure that the bail arrest is removed from the property. Do not be too lazy to order a certificate of no debt. It is issued for a long time and not for free. But this is an additional guarantee against unforeseen surprises.
Termination of the contract
The grounds for early termination of the insurance contract are specified in Art. 958 of the Civil Code of the Russian Federation. The agreement ceases to be valid after the occurrence of an insured event - payment or the risk of completely terminating its existence. This may be damage to property without the occurrence of an insured event. In such a case, the company is entitled to some part of the premium. The client may refuse to sign documents. But the entire premium paid is non-refundable.
The Civil Code of the Russian Federation (Chapter 29) provides for the following grounds for termination of the contract:
- violation of the terms of at least one of the parties;
- a significant change in circumstances;
- by agreement of the parties;
- if the insurer fulfills all obligations;
- in case of non-payment of contributions on time;
- upon liquidation of the insured or his death.
How to apply for a refund of insurance in case of early repayment of a loan?
Immediately after the return of the debt, you need to contact the company with the following documents:
- a copy of the contract;
- the passport;
- a certificate from a financial institution, which confirms the fact of payment of the drog;
- an application for the return of insurance in case of early repayment of a Sberbank loan (if we are talking about this organization).
Many clients make one mistake: they first apply not to a company, but to a financial institution. If this service was included in the general package, then you need to issue a refund of insurance in case of early repayment of the loan with a pre-trial claim. The response from the bank must come no later than 10 days later. If this does not follow, it is necessary to prepare a statement of claim. The meeting is usually held for one to two months. Based on its results, the final decision is made. In order to receive a refund of insurance upon early repayment of a loan at Trust Bank, it is better to prepare in advance information about all illegal commissions of the institution.
Practice
VTB, on the basis of the client's application, issues a refund of insurance in case of early repayment of the loan. Sberbank and AutoCreditBank are also calm about this issue. But in "Absolute" and "Binbank" they believe that the amount of the payment is not large, so it is not refundable. In this case, the court can not be avoided. Rospotrebnadzor is on the side of the borrowers in this matter. This structure actively works with all complaints and provides useful advice.
Return of insurance in case of early repayment of a loan at Alfa-Bank
Such an opportunity appears after the disappearance of risks - the payment of the amount, taking into account interest. Very often, customers do not even know that insurance is included in the contract. Such actions of employees automatically fall under Art. 159 of the Criminal Code of the Russian Federation (Chapter 21). If the borrower refused insurance, then the rights of the consumer are violated. Although the data about the service was incorrectly presented by the seller, banks most often refuse to provide money on credit in such cases.
The law states that the service is voluntary when it comes to life and health insurance. Credit institutions do not have the right to impose it. financial risk exists in every case. The client himself must decide whether he needs an additional guarantee. If he takes a loan from a bank and knows for sure that he will repay the debt ahead of time, then why sign at all? supplementary contract, and then think about how to issue a refund of insurance in case of early repayment of a loan (in Home Credit, for example)?
Types of insurance
Most often, banks offer their customers the following insurance options:
- Life, health - the company undertakes to reimburse the remaining debt for the client if he becomes disabled or dies during the period of the contract. In this case, the heirs are released from paying the debt.
- Property (car, apartment) - in case of serious damage, they must be fully paid by the insurance.
- Job loss is a risk associated with the lack of a source of income.
The company, upon the occurrence of an insured event, must transfer to the bank the amount to repay the debt in full or in part. The contract is renewed annually until all the money is returned. The costs are borne by the borrower. In practice, it is difficult to collect the entire package of documents that the bank requires at the time of the insured event in the first two situations. In the third option, the payment will occur only in the event of liquidation of the enterprise.
How much money can you get?
Hurrying up with the payment of the debt and thinking about how to issue a refund of insurance in case of early repayment of a Sberbank loan is also worth it because the price of this service is 85% too high. The contract often includes clauses that make the process of the occurrence of the case extremely difficult. Even if the service is purchased together with a loan (without collateral), the user has one month to refuse the additional guarantee and ask for full refund amounts. But in this case, in order to receive a refund of insurance upon early repayment of the loan, you must contact the guarantor, who must recalculate the time of using the service, deduct the money that was paid during the period of the contract, and return the balance.
If the application is submitted in the first quarter of the program, the client is entitled to receive half of the fee. Further, the amount will decrease. This service is provided for in Art. 343 of the Civil Code of the Russian Federation as mandatory only when applying for a car loan or mortgage. At the same time, the contract may immediately contain a clause stating that the return of insurance in case of early repayment of the loan to VTB 24 is impossible. Then the appeal to the authorities will not bring results. In all other cases, the client has the right to demand their money back.
Another option is not to pay insurance after the loan is repaid to terminate the contract automatically. But in this case, it is better to consult with a lawyer in advance, who can study in detail the paragraphs on the responsibility of the client.
If the return of insurance upon early repayment of a loan at Sberbank of Russia is issued without problems, then the client can receive:
- one-time contributions;
- insurance payments;
- amounts paid through the bank.
Insurance imposed by a financial institution also belongs to this group. They are used to secure the risks of banks at the expense of the client's money.
Who to ask for help
In Russia there are non-profit organizations for the protection of consumer rights. They help clients arrange a refund of insurance in case of early repayment of the loan. Judicial practice is ambiguous. But if the bank imposed this service itself, then the probability positive decision great. The company's lawyers have a practice of challenging such issues in court in accordance with the laws of the Russian Federation. The meeting takes place without the participation of the applicant. The client does not bear material costs and data confidentiality is maintained.
One of these organizations is the Human Rights Defender, which operates throughout the Russian Federation. This structure accepts an application for the return of insurance for early repayment of the loan no later than three years after the event. Banks can't trace them. The interests of all citizens are protected, regardless of their social status. Services are paid at the expense of the bank by a court decision.
Practical Steps
The return of insurance in case of early repayment of a loan at Renaissance depends on the following nuances:
- the presence in the contract of a clause on any restrictions in this operation;
- the time of using the service (applying within the first month will allow you to return up to 100% of the amount, a quarter - half, then the calculations will be carried out by days).
Practice shows that independent steps of clients in this direction often do not bring results. It is better to act through specialists. In Krasnodar, Bashkortostan, Tatarstan, there is a MOOP of the RFP. Thanks to the extensive practice of lawyers in such companies, the issue can be resolved in favor of clients during the trial.
Sequencing
- Consultation with a specialist on the list required documents, the procedure for compiling, processing and filling out an application.
- The claim is submitted to the bank before going to court. It is made in duplicate. The second should be stamped with the date of circulation.
- An account statement must be ordered before contacting the bank. It displays the amount of debt repaid.
- The claim must be drawn up by a specialist. The client will need original documents, a "live" signature. The date of submission will be announced additionally by mail.
- The court session often takes place without a client. He only draws up a power of attorney to represent interests.
- Writ of execution arrives in five weeks. It indicates the grounds on which the user will receive the money.
The collateral must be insured in without fail. Ideally, this service is beneficial to customers and the bank itself. In practice, however, there are not always insured events. And the fee for additional security may be very high. But if the funds are taken for a long time and on bail, then it is better to sign an agreement with an insurance company.
Compensation
Return of insurance in case of early repayment of a loan at Sovcombank is possible only for the amount paid to the company for a period that has not yet passed. If the contract specifies annual payments, then compensation for losses will not work. You can only stop transferring money to the insurance company after paying off the loan. Then the contract will be terminated due to violations of the fulfillment of obligations by the parties.
If permission to return insurance for early repayment was obtained without filing a lawsuit, then the company can return to the client not all the money, but only part of the amount due, reducing it additional costs. Specific methods for calculating the amount have not been developed by government agencies. In case of early termination of the contract, only one condition applies: funds can be withheld from the costs incurred for servicing the client. But in this case, you can request a printout of these costs.
Reasons for refusal to pay
- Deadlines violated. If there was an early repayment of the loan, the return of insurance is carried out on the basis of an application. Non-profit organizations take on cases with a statute of limitations of up to three years.
- The application is incorrect.
- Documents on the fact of repayment of the debt are not attached.
As you can see, in order to avoid all kinds of unforeseen situations and mistakes, it is better to prepare an application with a specialist.
conclusions
If a long-term loan secured by property is issued, it is better to conclude an insurance contract. Before signing the documents, you should carefully study them. Other equal conditions, if the contract itself does not contain restrictions, you can issue a refund of insurance upon early repayment of the loan.
Sberbank and several other commercial financial institutions do not create additional problems for customers in resolving this issue. But not all banks are willing to part with money voluntarily. Most often, the problems will have to be resolved through the courts. In the Russian Federation there are non-profit organizations that have extensive experience in solving such issues. Experienced lawyers will advise on the preparation of documents and filing an application. Their services are paid by the bank by court order.
