Issuing a loan is almost always a risky business for both banks and borrowers. In this regard, many banking organizations, when drawing up a loan agreement, sell insurance products to their customers. This procedure is extremely important for financial institutions, as it reduces the risk of non-payment by the borrower of disbursed funds. How to get credit insurance back? In what situations can this be done?
Is credit insurance legal?
If a bank provides a client with one service, it has no right to impose another on him. Thus, an illegal act is the imposition of insurance when applying for a loan. Therefore, if the bank forcibly sold another service to the client, he has the right to demand the return of insurance on the loan and compensate for the losses.
Some financial institutions are beginning to refer to the fact that the agreement was entered into by the insurance company, and not by them. However, if the contract with the borrower was concluded by both the bank and the insurance company, it is not considered legal. Insurance is imposed and is not related to the loan agreement. According to the Law on Consumer Credits, banks are not entitled to force potential borrowers to conclude insurance contracts.
Is it possible to return the insurance?
Often, due to their ignorance, borrowers purchase an insurance product. This already means that they agree with all the provisions of the concluded agreement. Quite often, in one of the paragraphs of the document, a line is written that the borrower has no claims against the bank. Therefore, financial institutions in most cases insist that borrowers buy insurance of their own free will. And when a refund of insurance on a loan is issued, not all funds paid are credited to the client. Banks can return only the amount that is proportional to the validity period of the agreement.
If the court is involved in the consideration of the complaint, the decision can be made in favor of the client or financial organization. It all depends on the essence of the contract, evidence, arguments. It is impossible to receive the paid funds when the contract was concluded more than 3 years ago. It is also impossible to return the money in those situations if the agreement contains a clause on the impossibility of a return upon its early termination.
Types of insurance events
Before considering how to return insurance for a loan, you should analyze the types of products that are issued by banks. They may offer loan, collateral, or life and health insurance for the client. It is important for a financial institution that the loan be insured, because in this way it will be able to return the funds issued in any situation.
Collateral insurance must be provided. If the property object that is the pledge becomes unusable, the debt will be repaid by the insurance company. It is advisable to insure life and health when the client will repay the loan for a long period of time.
Mortgage and car loan
How to return insurance for a loan that was taken to buy a house or a car? It is practically impossible to do this. The fact is that specifically in these cases, collateral insurance, namely property, is carried out. At the same time, it is impossible to terminate the insurance contract before the full repayment of the loan. The only exception can be situations when the borrower fully repays the loan ahead of schedule or pays in full insurance premiums.
consumer credit
How to return the insurance on the credit for the goods? It is much easier to do this than in the above cases. In this case, two return schemes are possible. The first is to abandon the insurance product. The second way is to terminate the contract with the insurance company during the validity period of the policy. The above procedures are relevant for cases where the debt has not yet been repaid.
How to return the insurance for early repayment of the loan?
Quite often, one of the conditions for lending is the annual payment for an insurance policy. Therefore, in case of early repayment, borrowers can demand from the bank the return of the money that was paid after this moment. In order to return the paid funds, you must contact the bank and write a corresponding application there. In this case, the financial institution may compensate for the amount paid in excess of the due amount or refuse to return it. If the bank refuses, the borrower has the right to go to court and demand to recover unjust enrichment from the financial institution.
If the loan is repaid
Some insurance contracts contain clauses according to which the borrower has the right to partially return the funds paid upon full repayment loan. How to return insurance for a paid loan? Such situations often occur when the bank simultaneously performs the function of the insured. However, in most cases, loan agreements do not contain this condition. Therefore, the borrower can restore justice only by going to court.
If the loan agreement is still valid
How to return insurance for a loan at a bank that is still being repaid by the borrower? This can be done only within one calendar month from the date of receipt of funds. The borrower needs to contact the bank and refuse the insurance product in writing. Such a development of events is possible only in the case of consumer loans.
How to return insurance for a loan at Sberbank?
If you contact Sberbank within 30 days after receiving the loan funds, the money for insurance will be reimbursed in full. However, if the client applies at the end of this period, then the bank can return the insurance premium only partially. In order to reimburse the funds for imposed insurance, the borrower must contact the Sberbank branch where he took the loan and write a corresponding application.
You need to have your passport with you. The case will be considered at most one calendar month. If the decision of Sberbank is positive, the funds will be credited to the card or account of the borrower, which he indicated when writing the application. When the bank refuses to return the funds, and the borrower did not violate the terms of the loan agreement, he has the right to go to court. The same procedure will apply to reimbursement of insurance in other financial institutions. It is important to remember that the borrower must pay for the services of a lawyer and other legal costs.
If the bank cheated from the start
Often, customers are not warned by bank employees that they are signing loan agreement and at the same time take out insurance. This information is often kept silent by contact center employees who fill out applications for issuing credit funds by phone. And when the borrower signs an agreement, the application for which was previously approved, he is given a smaller amount than specified in the agreement. The rest of the funds go to pay for the services of the insurance company. Therefore, the loan agreement must be read very thoughtfully, because it will certainly contain information about insurance.
How to return the imposed insurance for a loan, if such a situation has already occurred? This can be done by contacting the bank or judicial order. However, it is unlikely that the funds will be returned, since the borrower has already signed the contract. This means that he has read and agrees to the terms of the agreement. This is exactly the reasoning given by banks. But, based on judicial practice, we can say that the courts often take the side of the debtors. First you need to file a claim with the bank, and then go to court.
What should I do if the bank refuses to return the funds?
The natural reaction of any bank to such an appeal of the borrower is the unwillingness to return the funds. Therefore, financial institutions often try to reduce the amount requested by the client, arguing that there is additional costs for the period of insurance. This problem can be solved by requiring the bank to calculate the actual costs. The only item of expenditure may be the maintenance of the contract, when insurance agent commission is paid.
The borrower needs to insist on the return of the full amount, and if necessary, write a claim to the bank management. A refusal can be obtained if the 30-day period has expired or if the client has indicated little information about the loan issued. Time to pull is not worth it, if the bank refuses to return the money, you must immediately go to court.
The impact of refunds on credit history
The borrower's credit history does not contain information about insurance payments. In this regard, the credit file will not be updated with information about the return of funds for imposed insurance, even if there has been a trial.
How to get credit insurance back? This can be done only in cases with consumer loans. To return funds, you must contact the bank within 1 month with the appropriate application. If the financial institution refuses to return the funds, the borrower can go to court. He will take the side of the borrower if he did not violate the terms of the loan agreement.
How to return insurance after paying off a loan Good day to everyone! The other day I got into a ridiculous accident, which left a dent on the door of my car.
Although the color is silver, the defect was still quite noticeable, so I had to take the car in for repair.
To work, respectively, had to travel by public transport where he witnessed a conversation between two passengers.
It was about the return of insurance after paying off the loan. It's a long ride, so I started talking. He said that it is quite possible to return part of the money. Don't believe? Look for the answer in the article.
A few years ago, almost all banks introduced a new obligation for borrowers in the form of property, life and health insurance. Now, when applying for a loan or a loan, bank customers have to sign an insurance contract and deposit additional funds.
However, compulsory insurance is far from being a legal operation in all cases. And, knowing your rights, you can return the insurance on the loan.
According to the Law on Deposit Insurance individuals in the banks of the Russian Federation”, in the process of obtaining a loan, banks cannot require borrowers to insure their life and health. But most financial and credit organizations use ignorance of laws and rights for their own benefit.
As a rule, many clients do not thoroughly read the terms of loan agreements and agree to take out insurance, considering it a prerequisite for lending. But even after signing the insurance, the borrower has the right to refuse it.
Warning!
To return the money paid for insurance, the borrower must write an appropriate application and take it to the bank or insurance company. If his request is rejected, it is necessary to apply to the court and Rospotrebnadzor with a statement of claim. But the costs of all legal costs will have to pay the borrower.
But before you demand a refund, you should carefully study the loan agreement. If it states that it is impossible to return the loan insurance in case of early termination, then the court will reject the claim, since in this case the bank does not violate the rights of the borrower.
However, if you look at insurance from the other side, then it is a fairly profitable way to invest money and the ability to return your funds in case of an unforeseen situation. If desired, the borrower may not terminate relations with his insurance company, but in this case, after the completion of the loan obligations, it is necessary to re-execute the contract in such a way that the borrower or his relatives become the beneficiary instead of the bank.
Return of insurance in case of early repayment of a car loan and mortgage
Real estate and car insurance is a prerequisite for obtaining a mortgage or a car loan. Thus, the bank protects itself from possible risks, because the acquired property or car often becomes collateral.
Attention!
However, if the loan is repaid early and the insurance is still valid, the borrower has the right to return the balance. To do this, write a statement and contact the insurance company.
Sometimes the borrower must make regular payments for insurance. If the loan is repaid ahead of schedule, you can simply stop paying the insurance premium and then it will be closed automatically. To avoid the possible accrual of penalties or fines, it is necessary to revise the part of the contract in which the obligations of the client are spelled out.
source: http://bs-life.ru/
Paid off the loan ahead of schedule - return the insurance on the loan
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 such a statement to the insurance company, it, of course, will terminate the contract, but it 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 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. Judicial 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 required statement of claim.
Attention!
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.
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 occurrence insured event disappeared and the existence of the insured risk ceased due to circumstances other than the 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.
return the insurance on the loan. 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.
Advice!
Of course, you can try and fight them in court. 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 the event of early repayment of the loan.
What does it refer to statement of claim: 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 perform 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 first send to the insurance company an application for the return of unused insurance premium in connection with early repayment of the loan, and then a pre-trial claim.
source: http://www.rostovjurist.ru/
Return of insurance after loan repayment
Are you interested in the procedure and the possibility of returning insurance after paying off the loan? We will consider in detail the situations in which a refund is possible, we will tell you about some features of obtaining reimbursement when lending at Sberbank of Russia, VTB 24 Bank, etc.
Warning!
Almost all banking organizations that implement various loan programs for their clients offer them to insure collateral (if any), and in some cases, the life of the borrower and the source of his income.
This is done in order to protect cash issued to the client, most often this happens when applying for a large loan in the amount of 70-100 thousand rubles and more.
Please note that if we are talking about a consumer loan, then you have the right to decide for yourself whether you need insurance or not, this is spelled out in the Civil Code of the Russian Federation in the relevant law. However, if we are talking about a mortgage or car loan, then insurance of the collateral is mandatory.
In the event that you are offered an insurance service during the execution of the contract, you need to carefully read all the clauses of the contract relating to this offer. It should be written there whether you are entitled to a refund of part of the insurance payment if you repaid the loan ahead of schedule.
Each company draws up its own contract, it is impossible to know its conditions in advance. Home Credit Bank, Sovcombank and other organizations have their own characteristics. Some banks go for tricks.
For example, in VTB Bank, the contract stipulates the impossibility of returning the balance of the insurance premium if the client repaid his obligations prematurely on his own initiative. In Sberbank of Russia, you can only receive a refund if you repay the loan prematurely by additional agreement with the bank in the form of a new payment schedule.
- Thus, the first thing you need to do is to carefully study your contract and find out if it is possible to return the insurance. If you do not understand something, be sure to ask all your questions to a banking specialist.
- If the paper says about the possibility of a refund, we congratulate you - in case of early repayment, you will receive part of the money for the period when you did not use the insurance service. If it is written there that there is no such possibility - alas, nothing can be done, because. the contract is signed and validated.
- Next, you go to the branch of your bank and write an application for early repayment. In parallel with this, you receive the details of your account;
- After that, you need to contact the branch of the insurance company with which you entered into an agreement and write a statement that you want to return the funds paid for the insurance. In the application, it is necessary to indicate passport data, your contacts, the name of the bank, the contract number and the details of your account where you need to return the money. We draw up and certify the application in two copies!
Then you just have to wait for the response of the insurance company. If you are denied the return of insurance after the early payment of the loan, then you can always apply to the courts in order to resolve this issue and defend your rights.
source: http://kredist.ru/
How to return the insurance in case of early repayment of the loan?
Quite often we repay the loan ahead of schedule. And the insurance remains with the bank or the insurance company. How to return it correctly - in our article.
Borrower life and health insurance
How to return insurance modern market lending, getting a loan without insurance of the loan itself, as well as the life and health of the borrower, is almost impossible. After analyzing the reviews of consumers of credit products, we can conclude that insurance is, in fact, imposed by banks.
The bulk of bank borrowers do not know that the law prohibits creditors from requiring compulsory life and health insurance for the borrower. The loan officer (manager) of the bank, when signing a loan agreement with the borrower, is obliged to explain to the latter that the life and health insurance service is exclusively voluntary, and in no case affects positive decision about issuing a loan.
The usefulness of this type of insurance is highly controversial. This is the case when the borrower needs to carefully analyze all the risks and make an informed decision.
Attention!
Paragraph one of Article 421 of the Civil Code of the Russian Federation reads: Citizens and legal entities free to enter into a contract. Coercion to conclude an agreement is not allowed, except in cases where the obligation to conclude an agreement is provided for by this Code, law or agreement.
In the (credit) relations of interest to us, between the borrower and the lender, the law establishes only one case of compulsory insurance. This is insurance of the pledged property by the mortgagor (Article 31 of the Law of the Russian Federation of July 16, 1998 No. 102-FZ “On Mortgage (Pledge of Real Estate”)
If the insurance contract has already been signed, the insurance amounts are paid regularly together with the loan payments, or are written off in a lump sum from the loan amount upon receipt of funds from the lender, a logical question arises. How to recalculate the amount of insurance premium or return already paid insurance premiums in case of early repayment of the loan.
Return of insurance in case of early repayment of the loan
Step 1. We contact the bank. Pre-trial settlement spore.
It is necessary to apply with an application (claim) for the recalculation of insurance payments or the return of part of the insurance premiums, in connection with the early repayment of the loan. You need to contact the bank (or insurance company), depending on where the insurance was issued.
The application must be in writing, in two copies. Insist that the bank employee register your application and mark your copy accordingly.
If the bank is geographically remote, send the application by mail, by registered mail with a notification and a description of the attachments. In the application, be sure to indicate the period during which you expect the bank to make a decision on this issue.
Request a written response to your application. Without waiting for the bank's response to your claim, order a bank statement personal account. From this document it will be clear what amounts, for what insurances you paid. Bank refused? Do not despair!
Step 2. Appeal to the controlling authorities.
In our case, the organization controlling the activities of the bank is the body of Rospotrebnadzor. The scheme of treatment is similar to the appeal to the bank. Your application to the bank, the bank's response (if any), a mail notification of delivery to the addressee of your application, an inventory of the attachment to the letter to the bank must be attached to the application to the controlling authorities.
Step 3. Appeal to the court.
You can go to court without going through the bodies of Rospotrebnadzor, but the borrower must be prepared for the fact that litigation may not last more than one month. Claims with a claim amount of up to 50,000 rubles are considered by the Magistrate's Court. To apply to the court, you will need the following package of documents:
- Statement of claim
- Loan agreement
- Insurance contract
- Payment documents confirming the early payment of the loan
- Calculation of the amount of the claim
- Application to the bank
- Mail notification of delivery to the addressee of your application
- Description of the attachment to the letter to the bank
- Bank response (if available)
Pay attention to the correctness of the calculation of the amount of the claim. The amount of reimbursement of insurance premiums may be significantly less than the amount of legal costs. Of course, you can ask the court in a statement of claim to recover legal costs from the bank (insurer), but you cannot be one hundred percent sure that this requirement will be satisfied.
Remember that the deadline limitation period according to the legislation of the Russian Federation, is three years. This applies to the recovery of all payments paid on illegal insurance, regardless of whether the loan is repaid or not.
Mortgage and car loan
As we mentioned above, insurance is mandatory in these cases. Moreover, in the event of an insured event, the beneficiary is the bank, not the borrower. If the loan is repaid in full, you have the right to declare to the bank (insurer) to terminate the insurance contract, since after the loan is paid in full, the property becomes your property and is no longer collateral.
Advice!
The insurer is obliged to return the balance to you by recalculating the insurance premium in accordance with the terms of insurance. If you have paid monthly premiums, you can stop paying them.
Termination of the contract, as a rule, occurs automatically. Before taking this step, carefully read the insurance contract. It may contain clauses providing for penalties and interest for such actions.
source: http://hcpeople.ru/
Igor took out a consumer loan for home repairs for 120,000 rubles. A fairly significant amount in the overpayment on the loan is occupied by life and health insurance payments. Igor managed to repay the loan much earlier than the period specified in the contract - not in two years, but in seven months. Does he have the opportunity to return the insurance premium for the remaining time, experts say.
Word to the experts:
How to return the money for imposed insurance In this case, if Igor insured for the entire loan term at once, according to the law, he will be able to terminate the insurance contract and count on compensation. Cash loan insurance is voluntary.
The presence or absence of insurance does not affect the parameters of the loan agreement. When applying for a loan or at any time during the term of the loan agreement, the client has the right to own will connect insurance or refuse it.
In addition, in a number of banks there is the possibility of life and health insurance for the amount of the loan not for the entire loan period, but monthly. And if the client repays the loan ahead of schedule, he automatically ceases to be insured and ceases to pay for insurance.
Warning!
Igor has no opportunity to return the insurance premium for the remaining time. However, if during the term of the insurance contract an insured event would occur to him, regardless of the fact that the loan has already been repaid, the client will be reimbursed for the payment in in full.
In the case of registration of life and health insurance of the borrower, the bank simply acts as an agent for the sale of this service. With all questions regarding insurance, borrowers should contact the insurance company directly. But whether the borrower takes out insurance or not, this does not affect the decision of the bank to issue a loan.
In the case under consideration, most likely, a loan agreement was concluded between the bank and the borrower, containing a condition on the obligatory life and health insurance of the borrower. At the same time, the loan amount was initially increased by the amount of the insurance premium.
The borrower repaid the loan amount ahead of schedule and now would like to return the “unused” insurance premium. However, the presentation of such a requirement to the bank cannot be justified, since legally it will be about the return by the bank to the borrower of part of the issued credit funds, which is not based on the provisions of the law and gives the bank the full right to refuse the borrower.
The borrower will have to deal with the insurance company. The policyholder has the right to withdraw from the contract at any time, however, in this case, the paid insurance premium may be returned in the relevant part only if it is expressly provided for in the contract.
You can try to recover the entire amount of the insurance premium from the bank, but this path is quite complicated. It is necessary to prove that the life and health insurance service was imposed, the corresponding condition of the loan agreement is invalid, and the borrower has incurred losses in the form of payment to the insurance company.
I will add that now it is a very common situation in which the bank, including the terms of compulsory personal insurance in the loan agreement, actually does not participate in any way in the relationship between the borrower and the insurance company.
The borrower independently insures, pays insurance premiums. In such a situation, the recognition of the terms of the loan agreement on compulsory insurance as invalid will not help, since the borrower has an independent agreement with the insurer, which will be valid in the absence of other special grounds.
As a rule, in most insurance companies it is possible to return the insurance premium for the remaining time. I recommend that you carefully read the insurance policy or contract when concluding it and pay attention to the presence or absence of a clause on such a return.
It is necessary to take a document from the bank stating that there is no debt on the loan, and, armed with this document and an insurance policy, contact the insurance company. Credit insurance products are quite diverse.
Attention!
For example, a number of banks and insurance companies have a practice of appointing a second beneficiary under the policy (the most insured person and his family members) so that the insurance amount “passes” to the second beneficiary in case of early repayment of the loan. In this case, the return of part of the insurance premium in case of early repayment of the loan does not occur.
If a refund must be made according to the contract, then, as a rule, a part of the paid insurance premium for the unused insurance period is refunded, minus the costs incurred by the insurance company. Naturally, the amount to be returned will be the greater, the less time has passed between the payment of the next insurance premium and the repayment of the loan, that is, the earlier the loan is repaid.
I have been using consumer loans for about eight years now. I always agree to the registration of life and health insurance. I do not regret at all that I overpay an impressive amount for this service. Anything can happen in life, and if something happens to me, then none of my relatives will have to pay for my loan.
“Recently, I borrowed a refrigerator for 13 thousand rubles, and the bank imposed a life insurance policy on me, for which I had to pay about three thousand rubles. The bank specialist convinced me that without insurance, the bank would not approve a consumer loan.
Later, in the same bank, I took out a loan for a camera for 8,280 rubles, and again I had to overpay two thousand for life insurance. However, two weeks later I learned from the newspaper that this is not a prerequisite for obtaining a loan. I immediately contacted the bank and demanded to return the money for life insurance on both loans. After I wrote ten claims, they still returned the funds to me. ”
Insurance today accompanies almost everything loan products. Formally, the client insures his risks associated with the object of insurance. In fact, insurance serves as a kind of collateral for a loan, which means that by offering to conclude an insurance contract, the bank, in fact, offers the client to insure the risks of the bank at its own expense due to the inability or refusal of the client to fulfill its obligations under the loan. Today we will tell you how to return the insurance after paying off the loan.
Insurance is useful for all parties to the loan agreement and effective tool protection, perhaps, only for mortgages and car loans. Here, the size of the loan and its term play a significant role. But for consumer loans, in most cases, insurance is openly imposed, often becoming an insurmountable barrier on the way to favorable conditions lending. As a result, the client is forced to agree to sign an insurance contract, but this does not mean at all that at least part of the funds spent on paying for insurance cannot be returned in the future.
How to return insurance after early loan repayment
Early fulfillment of obligations is a legal fact that rightfully allows you to demand from a bank or insurance company:
- Recalculation and return of the overpaid amount - with a one-time and full payment of insurance, which usually happens immediately after signing the loan and insurance contracts, in the form of deducting the sum insured from the amount of the loan provided to the client.
- Recalculation and termination of the insurance agreement - in case of payment for insurance by annuity or differentiated payments during the term of the loan agreement.
If you have fully paid off the loan and intend to return part of the insurance:
- Once again, carefully study the loan and insurance contracts, clarifying for yourself the conditions of insurance and the return of insurance. If a return is not provided (not specified in the contract), this does not limit your rights of claim - you will need to be guided by the provisions of the laws. Worse, if the return of insurance is expressly prohibited by the contract. In this case, you formally agreed to such a condition and the consequences associated with it, so you can already prepare to resolve the dispute in court, because no one will voluntarily return the overpaid amounts.
- Make a calculation of the insurance to be reimbursed. This is not necessary, but it will allow you to make claims more reasonably and clearly understand what the fight is for.
- Prepare a bank or insurance company - depending on who is the beneficiary (received payments) - an application demanding recalculation of insurance and return of the overpaid amount.
- If the bank (insurance company) refused to return the insurance, you have the right to go to court.
If the insurance premium was paid gradually (together with the repayment of the loan), then the chances of not overpaying too much are much greater. The law (Article 958 of the Civil Code of the Russian Federation) allows the insured to early terminate the insurance contract. True, unless otherwise provided by the contract, everything that has been paid to the insurer up to this point is not refundable. It is this rule that, as a rule, insurers refer to, refusing to return the overpaid amount in situations of full lump-sum payment of the insurance premium when obtaining a loan. The court often takes the side of insurers, but there are chances to win the process.
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Is it possible to return insurance on a loan repaid on time?
If you repaid the loan within the time period stipulated by the loan agreement, but believe that the insurance was imposed by the bank, you can try to return its amount in almost full. In this case, it is pointless to write claims to the bank (insurance company), so you should analyze the facts, documents, evidence and evaluate the judicial prospects of the case.
Possible options:
- Demand to invalidate the insurance contract as a whole or its individual provisions (without reference to the fact of imposing this contract as a credit condition). In this case, it is the insurance contract and the circumstances of its conclusion that are analyzed, the grounds for declaring it invalid are determined. This option is possible, but in the absence of serious grounds, arguments and evidence, it is practically unpromising.
- Demand to invalidate the insurance contract (or its separate clauses) and the loan contract in the part related to insurance. This is a more rational option, but from this it does not become simple. Winning the process is very difficult, especially if everything is correctly formulated in the contracts and you can only find fault with them at a stretch. To increase the chances, it is extremely important to attract a competent lawyer in such cases.
Similar claims can be made in the event that it was not possible to return the insurance on an early repaid loan. Alternatively, you can file a complaint against the bank with Rospotrebnadzor, but it should be understood that this authority cannot force the bank (insurance company) to return the insurance. He only takes administrative measures. The issue will still have to be decided in court.
People because of their inexperience take out insurance, since they consider this a prerequisite for the bank when issuing a loan - this is exactly what loan officers say. Although in fact, insurance can be issued only at the request of the client and no one can force him to issue it. But in practice, everything turns out differently.
Bank employees lie, saying that no one will issue a loan to a client without insurance, a naive client believes, and overpays several thousand a year just like that. In addition, if an insured event really happens, it will be very difficult, you still need to prove your case.
Is it possible to return the insurance after paying off the loan?
Many people, after paying off their loan, come to the bank and demand that they be returned the cost of insurance, which they could not use. But in fact, this is the wrong step, since the bank employees have nothing to do with it, because they did not insure you. To ask this question, you need to contact a specialist in the insurance department.
The question is, is it possible , complex, since they will be all possible ways refuse to refund you. But if you are familiar with the law and can point it out to the employees of the insurance company, then the money will certainly be returned to you.
Before we go to the insurance company with claims and requests, you need to once again familiarize yourself with the terms of the contract, which spell out all the nuances according to insurance. In general, if you paid off the loan, you can come to the insurance company and they are required to recalculate the amount of insurance for another period and return the difference to you.
It is possible, but it is a long and complicated process, in which there are many nuances and contentious issues. It should be noted that each type of lending has its own insurance system.
In any contract it should be written whether the funds are returned if the loan is repaid ahead of schedule. The easiest way to return insurance is for a consumer product. No matter how the insurers say when applying for insurance, that it can be returned back to Russian practice You can only get your money back through the court.
Ways and options
There are three options regarding the return of insurance:
- Refusal of refunds. This option is the most common in credit practice. People do not want to bother, collect papers, and go to insurance and banks to get a thousand rubles. Many people simply don't have time for it. And besides, people who apply to the insurance company with a request are denied. Therefore, you should always read your contract, especially what is written in small print. It is there that it is most often written that the company does not return funds for insurance, whether you used it or not.
It is pointless to get something from the insurance company on your own. And if you contact an experienced lawyer, he will be able to return your money.
- Partial refund.
- Full refund.
The second and third options for the return of funds will be described below.
You can return money in two ways:
- Through the bank.
- Through an insurance company.
Basically it depends on where the insurance was issued. If an insurance worker came to you during the signing of the loan agreement, then they will also pay you insurance. If the bank employees filled out the form without the presence of the insurer, then the bank will return the money.
Return policy
In fact, the procedure for terminating an insurance contract is not complicated. But based on the fact that few insurers want you, it can be called complicated. But the most difficult thing is not to terminate the contract, but to return the money.
The refund procedure consists of the following procedures:
- Loan payment.
- Submission of an application.
- Waiting for confirmation and payment.
- If the third paragraph is not met, then you need to sue.
- Appear for trial.
- Wait for the court's decision.
Although it is not mandatory to appear in court, and if you have good reasons, then the case will be considered without you. But in order to achieve a decision in your favor, it is better to appear in the courtroom. The easiest way to get your money back is if you paid off the loan in a couple of months, since the insurance company could not spend your money in such a short period of time.
Return on consumer loan
Before signing a loan and the insurance contract, you need to read each of its paragraphs and do not be shy to ask questions. Making out a consumer, a person can be insured, whether he wants it or not. If you are insured, then it is unlikely that you will be able to return any money. Smart people, when they find out that they want to be insured, simply refuse the loan - this is perhaps the best solution.
Many companies who agree to pay the client the amount of insurance, they want to cash in on their clients. Many of them fraudulently pay a smaller amount by inventing additional expenses.
Of course, an inexperienced person take the word of the insurance workers, but in fact you need to demand all the estimates, which indicate how much money was spent by the insurance for certain period. And then simple mathematics and you can calculate how much the company owes you. But do not forget about the remuneration of the employee, which should be written in the documents.
Return on early repayment
If you close your loan ahead of schedule, you have the right to return funds that you will definitely not use, since your loan is buried. If you closed the loan ahead of schedule, then you can stop paying for it and then it will close. But still, in order to avoid fines, you need to warn the bank that you have closed your loan.
In order to return the money for insurance, you need to collect the following documents:
- Statement.
- The passport.
- A copy of the loan agreement.
- Certificate of termination of the contract.
The application must be written to the director of the company. You can bring the application in person to the office or send it by e-mail. It must indicate the reason why you want to return your funds.
The reasons for this may be the following:
- Early repayment of the loan.
- Termination of the company.
- Death of a citizen for whom insurance was issued.
- Expiration of the contract.
In all cases except the first, you must return full cost insurance payment. If we are talking about early repayment, then the amount is recalculated and only part of the amount is paid to you.
To get your way you need to read the contract carefully. And if you are not competent in this matter, then you need to contact a notary or a lawyer who will help you in resolving all issues. After all, it’s scary to fight insurance alone, because they will simply crush you with their professionalism, and you can’t do anything but nod and agree that the insurance really doesn’t owe you anything.
According to the legislation of the Russian Federation, you can return the money for the period that has not passed - if you ahead of schedule pay off your loan. To do this, you need a written application, after which the management companies will consider your application.
But it is worth preparing for the fact that it will be a long time, as the directors are always busy and they are not up to your statements. Especially when it comes to getting money back.
You need to understand that when the loan is fully repaid, the insurance contract also ceases to operate, which means that the money must be returned to the borrower, taking into account the costs. The insurer is simply obliged to return the money to the client.
Refusal to return funds
As mentioned above, many people use this method after closing the loan. But as practice shows, many simply do not know that it would be possible to return insurance premiums, since the company does not notify them of this. And even those who know about the return of funds do not want to contact the insurance companies, as they will try in every possible way not to return the money to you. Bringing a bunch of seemingly useless arguments.
You can either refuse to pay out funds on your own, or the bank may refuse to do so.
Usually, the insurance company should have weighty solutions for this, for example:
- Application deadline missed. Usually, you can apply to the insurance company no later than a month after the insured event or the closing of the contract. If you come after a few months, then no one will even consider your application. But if you are unable to write an application, you need to warn the insurer about this so that he extends the deadline for submitting an application.
- The application does not include the required information. It should contain the following information:
- Date of the insured event.
- Information about the person.
- Reason for the refund.
- Number of the insurance contract.
- The date the application was written.
- Signature of the insured person.
- Not all attached to the application. Required documents which may be required for payment. In general, the package of documents may be different, it all depends on specific situation and insurance.
Partial refund
You can request a partial refund from the insurance company if more than six months have passed since the signing of the contract.
After your request, there are two options for further events:
- They will agree with you and pay you the funds.
- The insurance company will argue that it doesn't owe you anything, poking you into the contract.
When contacting the office of the insurer will tell you that most of the money you contributed was spent on administrative support. But actually it is not. Well, if the amount is small, then you should not bother.
When it comes to big money then you need to ask the insurance printout of where your money went. Thanks to this, you will be able to achieve the maximum return on funds.
If insurers do not want peaceful By solving problems, you can safely go to court. If you have an experienced lawyer, all the papers are collected, then the judge will be on your side. And insurers will return you a rather large amount of money.
But worth noting that all payments and expenses for state duty in court will have to be paid by you. Therefore, before you go to court, you need to find out how much money you have to spend.
Full refund
T which option can be considered if the loan was repaid no later than two months from the date of its receipt. Most often, such situations do not reach the court, because for such a short time the company could not spend your money, which means it will return it to you in full.
And, of course, if the insurance company still had arguments then you need to go to court and apply. In most cases, the court will be on the side of the borrower, and not on the side of the insurance company.
Once again, it should be noted that before signing the insurance contract, you need to carefully read all its clauses.
When applying for a loan, the bank often offers the client to sign a voluntary insurance agreement. In the case of mortgage loans or secured lending, this looks logical - with compulsory insurance, the bank receives certain guarantees when there are force majeure situations. If the credit debt is repaid in advance, the insurance continues to operate. Return of insurance in case of early repayment of the loan is possible, it is necessary to send an application to the bank (insurer company) with a request for the return of money paid under insurance contract.
Is it possible to return the insurance premium on a loan
When the funds are returned ahead of schedule, the insurance contract concluded simultaneously with the loan processing continues to operate. To terminate it, you must declare to the organization where the contract was concluded. There is a possibility of a procedure for the return of part of the paid insurance premium. All conditions for reimbursement of money must be entered in a certain clause of the contract.
Return of insurance on a loan in case of early repayment
It should be understood that in case of early termination of the loan agreement, only part of the insurance is returned (those who returned the money to the bank before the expiration of the first month from the date of signing the loan agreement apply for the return of insurance in case of early repayment of the loan). An application for a refund is sent to the bank, if the insurance premium was included in the package of offers for banking services, or directly to the insurance company.
Through an insurance company
The borrower has the right to apply to the insurer with a written application (in 2 copies) to return the unused part of the policy. It is necessary to carefully study the contract, which details the conditions for the return or non-return of money if the debt is paid off ahead of schedule. The process of early termination of the contract is prescribed in article 958 Civil Code RF.
Through a bank
A common situation is when insurance is included in the standard package. banking services. Then there is no direct contract, and the amount that was transferred to the bank from the borrower is the commission income of the financial institution and is non-refundable. Some banks meet their clients halfway: Sberbank of the Russian Federation, VTB Moscow, Alfa Bank returns money if you are connected to own program insurance, when a month has not passed from the date of signing, the full amount is returned.
Grounds for early repayment of the contract
The conditions for termination of the contract and the probable return of part of the insurance in case of early repayment of the loan are specified in the document itself, which is regulated by the Civil Code. The insurer may include a clause that when closing the loan, he should not return part of the payments. When taking out insurance directly from the bank, the chances of returning unused insurance money are reduced, except in situations where the bank does not voluntarily enter the item "Refund of the insurance amount upon early repayment of the loan."
Conditions for the return of part of the insurance
Important and mandatory requirements for the payment of an insurance premium for the return of insurance in case of early repayment of the loan may be:
- confirmed 100% repayment of the debt to the bank;
- the presence of a clause of the contract on the possibility of issuing a refund of insurance, subject to early repayment of the loan;
- providing the required package of documents to the insurer.
Legal regulation
Relations between the insurer and the client are regulated by Article 958 of the Civil Code of the Russian Federation. It spells out the conditions for terminating the contract ahead of schedule and the format of relations between the parties:
- termination of the contract before the deadline occurs if the risks of an insured event have disappeared due to the loss of property or the termination of the insurer's activities;
- the policyholder may terminate cooperation when the possibility of an insured event has not disappeared due to the circumstances shown in paragraph number one;
- the insurer is entitled to a partial insurance premium.
Very often, the insurer may refuse to provide a partial refund of the insurance premium in case of early cancellation of insurance, referring to paragraph 2 of Art. 958 of the Civil Code of the Russian Federation. A competent lawyer can bypass this point by referring to the wording of the insurance risk itself - when the loan is terminated, the likelihood of an insured event disappears, which obliges the organization to pay part of the premium.
Insurance refund application
For the return of the paid insurance premium, the claim is sent to the insured according to standard form on the full name of the head of the organization indicating the full name and address data of the applicant, the number and duration of the contract. It sets out the reason for the return or recalculation of insurance (premature repayment of the loan), the applicant's claims.
Procedure for the insured
By law, a bank should not insist on the mandatory conclusion of an insurance contract when issuing a loan, but a financial institution rarely lends money without insurance. To recover part of the payments, you must:
- study the contract for the return of the insurance premium in case of early repayment of the loan;
- if there is a return clause, contact the bank to obtain account details, write an application for loan repayment before the deadline;
- send an application (written) for the return of insurance in case of early repayment of the loan with the application of the required documents.
Where to apply to return insurance on a loan for early repayment
In order to terminate the insurance contract ahead of schedule, concluded upon receipt of credit obligations, it is necessary to declare to the bank or the insurer. All appeals must be assigned incoming numbers so that in case of refusal to recalculate insurance premiums, one can refer to applications in court. When it is impossible to contact the insurer in person, this can be done in writing by sending an application by registered mail.
When the contract makes it possible to pay insurance on a loan upon early repayment of a mortgage, car loan or consumer lending, and the insurance or bank refuses to pay, you must first write an application to Rospotrebnadzor, then to the court. It should be borne in mind that legal costs will be borne by the insurer, and arbitrage practice not reassuring.
What documents are needed
When applying to the insured for the payment of insurance, which is subject to return upon early repayment of the loan, you should have:
- passport of a citizen of the Russian Federation;
- loan agreement;
- valid form of insurance policy;
- documents confirming the fact of payment of the debt (payment orders, bank statements), which must be collected from the credit institution;
- confirmation of payment of the insurance premium in full.
Reasons for refusal of the insurer
If the contract does not contain a provision on the impossibility of returning the balance of insurance in case of full or partial early repayment of the loan, objective reasons for refusing to pay out the insurance policy may be:
- insurance debt;
- lack of a statement early payment credit;
- an incorrectly drawn up application to the bank or the company that issued the insurance.
What to do if insurance is included in the additional list of banking services
Very often, the bank offers insurance as part of the banking services package when issuing consumer credit together with SMS informing, registration plastic cards. Credit is issued only for the purchase complete package refusal will result in the non-disbursement of the loan. When the loan is repaid ahead of schedule, the insurance premium is paid, since the actions of the parties do not fall under the jurisdiction of Article 958 of the Civil Code of the Russian Federation.
There is a way out of the situation: when applying for a policy, appoint yourself as a beneficiary, in accordance with clause 2, article 934 of the Civil Code of the Russian Federation. This should be done before signing the loan agreement. Unlike package insurance, the premium will be paid to the borrower. If the bank refuses to pay part of the insurance upon early repayment, it is better to contact the regulatory authority (Rospotrebnadzor) and then sue.
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