Problem

Hello! I took a credit card. I had 2,500 rubles available on the card. Over time, I took the money and returned it. Because the amount was small, then I extinguished it at 50-30% of the debt, and not at the minimum payment. Over time, I received a message via SMS about an increase in the limit of funds on the card. As a result, 22 thousand became available to me. I took everything, at first I paid, the minimum payment was 1,100 rubles, and the next month I found that the amount did not decrease, but remained the same as when paying the minimum a month ago. I stopped paying. They called me, scared and scolded me, after which I again paid part of the amount, taking into account the delay and 3 months of debt of 4 thousand with something (this amount was sent to me via SMS). Then he did not pay again, because. discovered that the amount of debt is still 22 thousand rubles. Now this bank has been closed (Privat Bank, a branch in Russia) and they call me from another bank and say that I now owe them. And that the amount of debt today is 30 thousand, taking into account the delay. Called from the new bank 2 times. In the last call from the loan officer (2 days ago) I was told that within 5 days in case of non-payment, I will be sued. I don't know where my contract for this card is. What will you advice me? How to avoid huge interest for non-payment? How to stop this divorce with eternal debt repayment, except for the one-time loan repayment option?

Please see similar issues:

Does the bank secrecy law apply to collection services? http://taktaktak.org/problem/10685

The bank is threatening to sue. What to do? http://taktaktak.org/problem/9535

Solution

Good afternoon!

Contact the bank immediately. It is necessary to come to the bank and familiarize yourself with the text of the loan agreement (this agreement must be mandatory, if there is no agreement, then the bank itself violated the norms of the Civil Code of the Russian Federation)

There are many pre-trial ways to reduce loan payments:

1. Personal insurance increases the effective (full) interest rate by 1-3 percentage points. Insurance payments are included in the monthly payment, so they are not burdensome. But over the entire period of lending, the amount accumulates. After all, insurance is calculated as a certain percentage (2-4%) of the initial loan amount for each year of the loan. By law, personal insurance for lending is a voluntary matter. By refusing insurance, you can really save money and overpay less on the loan. As a rule, the interest rate on a loan without insurance is 2-3% higher, but still, without personal insurance, the overpayment on a loan is 9% or more less. A bank specialist cannot issue insurance without the consent of the borrower (or now you can write an application to the bank and refuse such insurance).

2. With partial early repayment, as a rule, the loan term does not change, but the monthly payment is reduced. Partial repayment can be made several times during the term of the loan, thereby reducing the overpayment on the loan.

3. Some banks have special lending programs. If your lender bank does not have such a program, but currently it has loans with better lending conditions than yours, you can try to ask to revise your current loan obligations. If you have a positive credit history under the current loan obligation, then the bank will meet the needs of a conscientious borrower.

Therefore, it is better to solve everything through the Bank.

According to the Civil Code of the Russian Federation, in order to formalize the transfer of debt, it is necessary to follow a written procedure for the assignment of the right to claim. Ignore verbal demands of collectors. If they want to receive money, let them show duly executed documents confirming the assignment of the right to claim and send a written request. There is no law on collection activities, so their activities are illegal.

If the agreement with this organization did not directly indicate the possibility of transferring debts to collectors, then transfer such a debt to individuals. faces are illegal. Thus, transferring your debts to third parties is illegal.

When transferring the right to another person, personal data will be transferred: Article 6 Federal Law of July 27, 2006 N 152-FZ "On Personal Data".

1) the processing of personal data is carried out with the consent of the subject of personal data to the processing of his personal data;

Article 3 Federal Law No. 152-FZ of July 27, 2006 "On Personal Data"

1) personal data - any information relating directly or indirectly to a specific or identifiable natural person (subject of personal data);

3) processing of personal data - any action (operation) or a set of actions (operations) performed using automation tools or without using such tools with personal data, including collection, recording, systematization, accumulation, storage, clarification (updating, changing), extraction, use, transfer (distribution, provision, access), depersonalization, blocking, deletion, destruction of personal data.

Write a complaint about the actions of this bank to the Central Bank of the Russian Federation.

All the best!

OVERVIEW
cassation and supervisory practice
judicial board for civil cases
Krasnoyarsk Regional Court for 9 months of 2011
Based on the results of the analysis of the canceled and amended decisions of the courts of first instance, the Judicial Collegium for Civil Cases of the Krasnoyarsk Regional Court prepared a review for 9 months of 2011.
APPLICATION OF THE NORMS OF CIVIL PROCEDURE
LEGISLATION
2. In accordance with Article 319 of the Civil Code of the Russian Federation, the amount of the payment made, which is insufficient to fulfill the monetary obligation in full, in the absence of another agreement, first of all, repays the creditor's costs of obtaining performance, then - interest, and in the remainder - the principal amount of the debt.
The said norm does not govern relations connected with bringing the debtor to liability for breach of obligation (Chapter 25 of the Civil Code of the Russian Federation), but determines the procedure for fulfilling the monetary obligation that the debtor assumed when concluding the contract.
By agreement of the parties, the procedure for repaying only those claims that are named in Article 319 of the Code can be changed (for example, the parties have the right to establish that if the payment is insufficient, the debtor's obligation to pay interest is repaid after the principal amount of the debt).
An agreement providing that when the debtor fulfills a monetary obligation not in full, the claim for the payment of a penalty, interest provided for in Article 395 of the Code, or other claims related to the violation of the obligation are paid off earlier than the requirements named in Article 319 of the Code, contradicts the meaning of this article and is void (Article 168 of the Civil Code RF).
CB Uniastrum Bank filed a lawsuit against F.N.N., F.A.L. on the joint and several recovery of debt under a loan agreement concluded with F.A.L. for a period up to 02.09.2010, and foreclosure on the pledged property - a car, arguing that the borrower fulfilled its obligations to repay the loan and pay interest improperly, allowing the formation of debt.
By the decision of the Central District Court of Krasnoyarsk dated September 8, 2010 the claims of the Bank were satisfied in full. When determining the amount of the debt, the court relied on the calculation presented by the plaintiff and the terms of the loan agreement that, if funds are insufficient to pay the client's obligations, the Bank directs funds: first of all, to pay off the bank's commissions for opening an account, other commissions and fees, provided by the Bank's tariffs; in the second place - in repayment of the accrued forfeit and fine; in the third place - in the repayment of overdue interest for the use of the loan; in the fourth place - in repayment of the overdue amount of the principal debt on the loan; in the fifth place - in the repayment of interest for the use of the loan; in the sixth place - in repayment of the current amount of the principal debt on the loan.
Meanwhile, the court did not take into account the provisions of Article 319 of the Civil Code of the Russian Federation, which provides for the procedure for repaying the creditor's claims if the amount of the payment made is insufficient to fulfill the monetary obligation in full.
The court also did not evaluate the above terms of the loan agreement, taking into account the fact that by agreement of the parties the procedure for repaying only those claims that are named in Article 319 of the Civil Code of the Russian Federation can be changed, since the said norm does not regulate relations related to holding the debtor liable for breach of obligation , but determines the procedure for fulfilling the monetary obligation that the debtor assumed when concluding the contract.
These circumstances, when resolving the dispute, were not taken into account by the court, despite the fact that the defendant objected to the presence of credit debt in the amount declared by the Bank.
In view of the above, the Judicial Board, by a cassation ruling dated September 21, 2011, annulled the court's decision, sending the case back for a new trial.

Life is unpredictable. You can never be sure about the future.

Yesterday you had no problems with money and paying loans, and today the employer announced your forced reduction, or the strictest savings regime at the enterprise and a wholesale reduction in wages.

Or, God forbid, you get sick and cannot work. What if there are a number of loans and credit cards in banks that need to be paid every month? How to stop accruing interest on a loan in this case?

Get a free consultation

Option 1. Get credit insurance

Often, when applying for a loan, you are voluntarily-compulsorily insured against loss of work, health. In this case, upon the occurrence of an insured event, you need to contact the insurance company with which you have concluded an insurance contract. This is the first thing to try. Although in reality it is extremely difficult to get insurance on a loan.

You do not have to count on the payment of insurance on a loan:

• If you were insured against job loss, but worked unofficially or, at the request of the employer, wrote a statement of your own free will;
• If the insured event is a disability of a certain group, but you did not indicate the diseases that were present at that time during insurance.

In practice, often, insurance companies are looking for any excuse not to pay insurance on a loan. Indeed, for banks, additional imposed insurance means earning additional money on a loan. After the conclusion of the insurance contract, the insurance company pays a significant amount to the bank as a consideration for the sale.

Option 2. Contact a debt attorney.

Here you need to be very careful, especially when a loan lawyer promises you to terminate the loan agreement with the bank through the court.

Understand a simple thing that the main obligations of the parties to the loan agreement, loan:

• The lender (bank, MFI) undertakes to transfer a certain amount of money to you within the established time limits;
• The borrower (this is you) undertakes to return this money within a certain period of time and pay a certain percentage for their use.

By issuing a loan or a microloan, the lender has essentially fulfilled its main obligation under the contract. And from now on, you are obliged to return the funds according to the agreed schedule and pay the agreed interest for using the loan (microloan).

A really good loan lawyer will tell you that you will not be able to terminate the loan agreement unilaterally, because. the creditor, having issued the money, fulfilled its main obligations under the contract. But the bank has the right to terminate the loan agreement if you systematically violate the terms of payment.

Unscrupulous loan lawyers can offer you the following services:

• Sue the bank and demand in court to stop accruing interest on the loan, or recognize the loan agreement as invalid under the terms of bondage, etc.;
• Recognize certain clauses of the contract as illegal and demand monetary compensation.

Can a borrower sue a bank at all?

You can sue anyone, but whether the court will consider your claim is another question.

If the lender has fulfilled its obligations under the agreement (given money to you), then you will not be able to terminate the loan agreement even through the court.

If, during a consultation, a loan lawyer convinces you of the opposite, ask him for an example of 2-3 court decisions where the loan agreement or microloan agreement was terminated at the request of the borrower.

Attention!

There are isolated cases in Russian judicial practice when microloan agreements were recognized as enslaving. But these are unique isolated cases of microloan agreements at thousands of percent per annum. 20-30% per annum is more than an adequate rate for a consumer loan, and 200-300% for a microloan. Therefore, it will not work to terminate the loan agreement with the bank because of its bondage.

The maximum with which in reality you can sue a bank for a loan is the recognition of certain clauses of the agreement as illegal, imposed. But this is not a basis for terminating the loan agreement, freezing interest. You can claim monetary compensation. Usually this amount is comparable to the cost of services of lawyers for loans (10-20 thousand rubles).

Option 3. How can I “freeze” a loan (stop accruing interest)?

You can apply to the bank with a request to provide a credit holiday. In the absence of loan delays and the presence of objective life circumstances, banks sometimes meet the borrowers halfway and release them from paying the principal on the loan for 6 months. Remember: neither you nor the loan lawyer will be able to oblige the bank to make concessions to you.

Letters to the Central Bank, the prosecutor's office demanding a reduction in the interest rate on the loan, stopping the accrual of interest are meaningless. The Bank is a commercial organization and no one has the right to interfere in its commercial activities. This is exactly how the Central Bank responds to letters drawn up by unscrupulous loan lawyers for an impressive amount.

Don't pay for air!

Since October 1, 2015, there is a legal opportunity to stop interest on a loan- Article 213.11 of Federal Law No. 127-FZ: " From the date of issuance by the arbitration court of a ruling on recognizing the application for declaring a citizen bankrupt as justified, the accrual of penalties (fines, penalties) and other financial sanctions, as well as interest on all obligations of a citizen, ceases.».

At the moment, the procedure for an individual is the only mechanism for a citizen not only to stop the accrual of interest, penalties and fines, but also to get rid of the payment of debts (debt write-off). The procedure for bankruptcy of an individual is possible with any amount of debt, but it is most appropriate for the amount of debt from 300-500 thousand rubles.

Learn more about personal bankruptcy

During the work of the law on bankruptcy of individuals, more than 10,000 citizens of the Russian Federation have been completely exempted by the court from paying debts. More details in the section "Win cases".

Find out if the bankruptcy procedure is right for you at a free consultation by phone 8-800-333-89-13.

How to stop interest on an overdue loan

A loan, without a doubt, is the most popular banking service, and it is really convenient, since a citizen receives money for his needs at any time, and then repays the borrowed amount in installments. Of course, you have to overpay a little, but partial payments do not really affect the budget if the income is stable.

When a borrower has some financial problems, it becomes more difficult to repay a loan, and sometimes it is simply impossible, therefore, in such situations, it is necessary not to panic, but to make some decisions in order to get out of a debt situation.

The specifics of the loan agreement is such that any late payment implies an additional charge of penalties, various fines, so the debt will automatically increase, which, of course, the debtor would not like. Therefore, the main question becomes how to stop interest on an overdue loan.

There may be several options in such a situation, and the debtor must decide for himself which one to choose.

Settlement agreement with the bank

The most preferable option is to negotiate amicably with bank representatives. To do this, it is recommended not to delay the visit - as soon as a debt appears, you need to go and explain the current situation. Usually reputable companies go to meet their customers.

It is worth noting that a compromise is possible only if the borrower is able to repay the debt. When financial difficulties are of a prolonged nature, the bank is unlikely to make concessions, so the issue will have to be resolved through the courts.

Bankruptcy of an individual

When it was not possible to peacefully resolve the issue with the bank, you will have to stop the interest on the loan through the court, by filing a voluntary bankruptcy. This procedure allows the borrower to avoid the growth of debt, as well as choose the option of its repayment.

Before filing personal bankruptcy, you need to understand that the debt does not disappear - you still have to return it. Two options are provided for this: the withdrawal of part of the property or payments from the salary.

What property cannot be taken

You should not be afraid to be on the street after filing bankruptcy, since certain categories of property are protected by article 446 of the Code of Civil Procedure, and therefore bailiffs have no right to take them away. At the same time, an arrest may be imposed so that the debtor cannot perform any actions with the property.

First of all, bailiffs do not have the right to take away the only housing for the borrower. The exception is a house or apartment purchased with a mortgage.

In addition, a car cannot be confiscated from the debtor if it is necessary for professional activities or due to disability.

A complete list of property that is not subject to seizure can be found directly in the Code of Civil Procedure.

The essence of the procedure for recognizing financial insolvency

The bankruptcy of an individual helps to stop interest on a loan through the court - the amount of debt remains fixed if the application from the debtor is accepted, and debt repayment options depend on several factors, namely, whether the borrower has property that can be seized and sold at auction, as well as presence or absence of work. If the bankrupt has neither one nor the other, the debt is usually written off after a certain time.

What you need to start the process

In order to file bankruptcy of individuals, it is necessary to submit an appropriate application and an additional package of documents to the arbitration court, and then wait for a decision. If the application is denied, the court must explain the reason for the refusal.

When the petition is accepted, an arbitration manager is appointed to consider the case, who will check the real financial condition of the debtor, transactions made by him, etc.

Based on the results of the specialist's activities, it will be determined which option of debt repayment is most acceptable.

It is necessary to pay attention to the fact that the arbitration manager has the right to challenge the transactions made by the debtor if he sees violations in their conclusion.

Pressure from creditors

When a borrower applies to a banking organization to stop interest on an overdue loan, and is denied, bank representatives understand that the debtor will most likely go to court.

Such an outcome of events is not beneficial for creditors, since the procedure is lengthy. In some cases, litigation can last more than a year, so creditors prefer to put pressure on the debtor.

Collectors help them in this, who “knock out” debts in various ways. Of course, illegal methods are used extremely rarely, but the psychological impact on the borrower is to the full.

Collectors call, annoy with visits, etc., so borrowers often prefer to do everything just to be left behind. Debtors sell property, get into even greater debts, aggravating their situation.

It is important to know that collectors do not have any authority, so they can only remind you of the debt over the phone. In order to get rid of them, it is enough to change the number or install a special program that blocks some calls. Only the court can take away property or introduce some kind of prohibition, collectors are not able to put their threats into action.

Professional help

If the debtor decides how to stop interest on a loan through the court, it is necessary to use the help of professional loan lawyers who have extensive experience in the case, know the law in great detail, and therefore will be able to analyze a specific case and achieve the most favorable conditions for their clients.

How to stop interest on a loan through the court

And the Bailiff, the real one from the FSSP, has this amount. And the Bailiff said: - All right. Free. So, the following is worth remembering - in itself, a court decision (and even more so, a court order) does not terminate the loan agreement. The contract with the consumer has the right to terminate only the court.

And then at the request of the bank. Accordingly, if the operative part of the decision does not contain the cherished phrase “terminate the loan agreement concluded between. “, the contract is valid, and interest, as well as fines, continue to accrue.

As pointed out by the Supreme Court of the Russian Federation, Chapter 26 of the Civil Code of the Russian Federation, which establishes the grounds for termination of obligations, does not include in itself the fact of a court decision on the recovery of sums of money.

Interest on the loan continues to accrue after the court decision

According to the bank, the debt is no longer 112 thousand, but 135. Although the bailiff has a sheet for 112 thousand, as indicated in the court decision.

Please tell me if this is legal. I so understand, that these percent all the same should be collected again by court. Good afternoon, Anna! Your situation is not very good and I do not advise you to let it take its course.

The bank will not terminate the loan agreement in court and therefore the bank will charge you. You need to check with the bank. Terminate the loan agreement.

1.2. If the debt is not repaid The fact of the expiration of the term of the loan agreement, the debt on which is not repaid in full, does not in itself terminate the agreement.

Is it possible to reduce the interest on the loan through the court?

If a citizen needs to reduce the interest on a loan received from a bank, he has two options - contact the lender directly or file a lawsuit to reduce the rate in court.

When contacting a bank, a citizen writes an application with a request to reduce the interest on the loan. It is accompanied by copies of receipts of payments made and evidence of the objectivity of the application for a rate reduction. After submitting the application, the lender has one month to satisfy the request to change the terms of the loan agreement or refuse.

In the latter case, the borrower turns to the second option - litigation. The legislation does not give an exact definition for the amount of interest on a loan.

How to stop the endless accrual of interest and penalties on a credit card?

Dear Gleb, good afternoon!

If the cardholder was released from liability on exonerating grounds, then, in theory, he has the right to demand compensation for losses associated with unlawful prosecution from the state.

If not for rehabilitating, then there is no chance at all. The fact that the cardholder is in a pre-trial detention center is not a basis for releasing him from obligations under the contract (after all, such a condition is not spelled out in the contract, I believe).

So - you have to pay. Either - voluntarily, or - by the court. A comrade who was engaged in a certain business once turned to me - he also had a loan, he was on a drinking binge for a month (.), He missed the deadline, the bank charged penalties - well, as expected, in general.

I explained to my comrade that there was no chance and that one should pay, because. if the matter goes to court, the court will not accept the fact of hard drinking as a basis for releasing the borrower from contractual obligations.))) Well, the comrade paid a fine.

Didn't sue.

On the other hand, Sergey, s.

1 st. 401 of the Civil Code (i.e., liability only if there is fault).

You can try to get away from penalties (you won’t be able to get away from the main debt in any scenario).

How can an overdue loan stop accruing interest?

rubles for the services of the bankruptcy trustee, since without this it is impossible to go to the arbitration court. Later, the borrower will still have to prove his insolvency.

which will allow the petition to be recognized as justified, and the process itself legitimate.

With a successful outcome of the whole case, the client's property goes to auction, and the proceeds go to pay off all debts. At the end of the auction, if the size of the property was insufficient to cover all the loans, then the debt is simply written off.

If a person does not have property, then the scheme is similar, it just makes no sense to conduct an auction. If you want to know how to get a loan without refusal? Then follow this link.

Then begins not very friendly communication with the bank and the study of legislation.

In what cases can you try to freeze the interest on a microloan without violating the law and the terms of the contract - not every MFI client knows this, but everyone who has a habit of getting into payday debt to financial organizations should study this issue. If you are unable to pay the principal and interest on time, do not panic ahead of time.

The first thing you should check is whether the MFI where you took the loan is in the Register of the Central Bank. All MFIs that are licensed and officially engaged in their type of activity fall into this list.

Rules for calculating interest on loans

Any loan agreement with a bank involves the fulfillment of many conditions of the lender, including the accrual of an interest rate. Its size is set by the creditor, stipulates this condition in the contract. The borrower must familiarize himself with the terms of accruals and payments at the conclusion of the contract before signing agreement with the requirements of the credit institution.

Interest accruals depending on the method of loan repayment

Banks apply certain interest schemes for the amount taken by the borrower on credit, which differ in the methods of their repayment:

1. Differentiated. In this case, the total amount of the loan is divided into equal parts, the interest rate is charged on the balance after making the next payment. In this regard, the payment under this calculation method decreases monthly. The calculation for a differentiated payment scheme is made according to the formula:

• Sp is the total amount of interest accrued on the loan;
• Sk is the loan balance;
• P - rate in percent per annum;
• t is the number of days in a month;
• Y is the number of days in a year.

According to this formula, the borrower can independently calculate the interest rate after the next monthly installment is made.

2. Annuity. Interest is accrued on the balance after the payment of the next installment. The monthly payment does not change, but the amount of the principal debt becomes larger every month. In this case, compound interest formulas are used. In this case, 2 variants of calculations are applicable.

• Sa – payment amount;
• Sk is the loan amount;
• t is the number of payments.

Banks also use the standard formula, according to which the first payment consists of the amount of interest.

• Sa – payment amount;
• Sk is the loan amount;
• P is the interest rate on the loan as a percentage per annum;
• t is the number of payments.

The monthly payment is the same. The bank calculates the first loan payment using the differentiated scheme formula.

What affects the interest rate on a loan?

When deciding on a loan, you should pay attention to the conditions that a particular bank offers to its customers. Before signing the contract, it is necessary to carefully read its contents, which borrowers most often do not do, believing that they have heard all the necessary information from the manager.

The manager who issues the loan does not bring the information to the client in full. This is not a violation of his official duties, since in the text of the contract all the conditions of the bank are set out in full. It is recommended to spend time and study the document, despite the small print of the text, so that later there will be no misunderstandings that will no longer be possible to correct:

1. Hidden fees: operations for servicing a loan, transferring money, paying for additional services. The bank is obliged to notify customers of the full cost of the loan and the interest rate not only in the payment schedule, but also in the text of the agreement itself.
2. Fines and penalties charged for late payments.
3. Insurance payments for bank loan insurance services, which you can do without, except for mortgage or car loan insurance. Some banks force clients to take out an insurance policy, explaining that this is an integral part of the loan agreement. At the same time, banks do not give the client the right to choose and send him to an insurance company with prohibitive rates, with which they cooperate themselves. In this case, it is more expedient to refuse a loan. If the contract has already been signed and the client discovers his mistakes after the fact, it is recommended to go to court.
4. Other services: transfer of funds, sending notifications to the client, etc. All these conditions must also be stipulated in the agreement.

All commissions that the bank imposes on individual borrowers are illegal, and any court will recognize this as a violation of the law.

Features of calculating interest on a credit card

The calculation of interest on a credit card has the following features:

• commission fees for the fact that the client uses the card is more than, for example, for applying for a cash loan;
• interest accrual does not start from the moment of signing the contract;
• The cardholder is contractually obligated to pay interest, even if he has never cashed the card.

Banks usually offer customers to choose the loan amount on their own, taking into account the maximum allowable, which is calculated based on how solvent the client is. As the borrower disburses, the loan is repaid as the payer makes the required monthly installment. The limit on the card can be increased at the initiative of the bank.

The interest that must be paid on the card is not the only mandatory payment. The borrower must pay a fee for the use of money: for cashing out money, paying for goods in stores and online.

The advantage of a credit card is that the user is given a grace period. This means that during the period provided by the bank as a benefit, no interest is charged to the client. If the borrower manages to pay off the loan during this time, then no interest will be charged to him.

How to stop accruing interest?

A credit card is a banking product that enables citizens to use the funds they borrow from a credit institution. The bank collects interest from the borrower for the use.

The interest rate increases the slower the client pays for the loan taken. Borrowers can reduce the percentage of repayments if they increase the monthly repayment amount, if possible.

Payments, decreasing over time, reduce the total amount of debt, but only a part of them goes to repay the principal, and interest is a net profit for the bank.

To stop the endless accrual of interest on the residual amount, you can use one of the options:

1. As soon as possible, return to the bank the amount that was spent on the card. To do this, it is recommended to deposit more than the minimum contribution.
2. Use the service "loan holidays" if there is a period of inability to pay the loan. During this time, the debt does not increase.
3. In order to avoid paying excessive charges, it is worth going to court if all possible options have been unsuccessfully used to reach an agreement with the bank. By providing the court with irrefutable arguments about your insolvency, you can achieve a decision to review the amount and timing of loan payments.

From what date do interest accrue?

The main rules regarding the calculation of interest on loans in accordance with the Federal Law "On Banking":

• the rates are set by the bank, which is stipulated in the agreement with the borrower;
• interest begins to accrue immediately after the signing of the contract;
• the bank is not entitled to change the interest rate on the loan after signing the agreement.

There is a grace period for granting loans - this is a period of up to 50 days, during which no interest is charged on the loan amount.

Each bank prescribes the rules of this period in accordance with its regulatory documents. The grace period applies only to transactions related to making purchases or paying for services by bank transfer.

If the client withdraws cash at this time, the benefit does not apply to this action.

Interest after the death of the borrower

A life situation that often occurs: a citizen, having taken a loan from a bank, does not have time to pay it off due to the fact that he is dying. In this case, the situation regarding the payment of the remaining amount is resolved if the deceased has heirs. Within 6 months after the death of the borrower, an inheritance case is considered, according to which the property of the deceased is distributed among his heirs.

The closest relatives act as heirs: children, spouses, parents, the so-called heirs of the first stage.

Attention!

By signing the consent to accept the inheritance, they automatically take away the debts of the testator, that is, they must pay them in full.

Within 6 months, while the issue of inheritance is being resolved, the bank will continue to accrue interest, as well as fines and penalties for delays in payments, until the person who will be charged with the obligation to pay the creditor is determined.

Accrual of interest on early repayment of a loan

When repaying a loan, the desire of each borrower is understandable, if possible, to close the debt ahead of schedule. To this end, citizens make payments that exceed the planned ones, which makes it possible to reduce the cost of payments.

The rules on early repayment of loans are regulated in the Civil Code, in Federal Law No. 284:

1. It is forbidden to collect fines and penalties from borrowers if the loan is repaid ahead of schedule. Previously, banks were not forbidden to fine customers for violating the payment schedule.

The bank may include a clause in the contract prohibiting early repayment of the loan, but the borrower must know that this requirement is illegal.

1. The borrower is obliged to notify the lender 1 month in advance that he plans to repay the loan ahead of schedule. This applies to individuals.
2. Possibility to repay the loan ahead of time, after the consent of the bank is received. Currently, banks, which have lost the ability to fine their borrowers, have acquired the right to refuse customers to close the debt ahead of time. By this they limit the right of citizens to reduce the amount of overpayment on the loan.
3. As soon as the borrower makes a monthly amount exceeding the established amount, the bank is obliged to provide him with a modified payment schedule, taking into account the reduction in the interest rate on the remaining amount of the debt.

The bank is least interested in closing loans early, especially when it comes to loans of large amounts with long-term repayment, such as mortgage or car loans. The reason for this is that he loses the opportunity to make a profit due to the monthly interest on the balance of the amount.

The borrower needs to be aware that if the client chooses a differentiated method of repaying the loan, it is always beneficial to close the loan debt ahead of schedule. With annuity payments on a loan, the conditions are somewhat different. The main amount of interest set by the creditor, in this case, is paid in the first half of the term of payments under the agreement.

For example, if we are talking about a consumer loan in the amount of up to 500 thousand rubles, issued for a period of up to 5 years, the borrower will significantly save money if he repays it 3-6 months ahead of schedule. As for other types of loans, it is necessary to require from the bank information on interest rates in case of early repayment of the loan.

The calculation of interest and other commissions on the loan should take place not only according to the bank's scenario, but also in strict accordance with the law. It is in the power of each borrower to check the eligibility of the lender's claims, armed with knowledge about lending.

How to freeze interest on a loan

and that you need to provide a written response. In case of refusal, and you are likely to be refused, you can apply to the court with a claim to terminate the contract and determine the loan debt.

As I have already noted, until this moment, it is better to refrain from depositing any amounts, since everything can be written off to pay off interest, penalties and fines, i.e.

essentially nowhere and you will have to challenge the legality of such distribution of payment in court.

How to postpone a loan or freeze a loan at a bank?

This may be, for example, the loss of a job or some kind of illness that prevents a person from working and receiving wages.

It is important to understand that the bank can provide credit holidays based on its own conclusions, so the likelihood that a person will be denied requirements is very high.

Credit holidays are provided for a period of not more than one year, but often it is a much shorter period, which is usually a few months.

Read more about the maximum interest on a microloan.

Today, the maximum interest rate on an urgent payday microloan cannot exceed 2.2% per day. We are talking about loans that do not exceed 30,000 rubles in amount, and their repayment period is no more than 30 days. These programs are the most frequently used by borrowers.

How to freeze a bank loan?

If the situation is at an impasse and there is nothing to pay, and the debt is growing, then you should learn how to freeze a loan at a bank and stop accruing interest and penalties - fix the amount of obligations in order to pay off without a huge overpayment. Certificate of decrease in income Certificate of illness and disability Certificate of force majeure circumstances that led the borrower to distress (fire, rampant disaster).

How to freeze your mortgage payment

Rosselkhozbank also has tools to help clients who find themselves in a difficult life situation.

For example, there is an active program for the prolongation/restructuring of both consumer and mortgage loans.

When restructuring a loan agreement, the client is offered a deferral of payment of the principal debt for a period of up to 12 months, followed by an even distribution of the balance of the loan debt over the entire loan repayment schedule.

How to freeze interest on a microloan in order to pay off the main debt?

If you are unable to pay the principal and interest on time, do not panic ahead of time. The first thing you should check is whether the MFI where you took the loan is in the Register of the Central Bank.

All MFIs that are licensed and officially engaged in their type of activity fall into this list.

Financial organizations that have not taken the coveted lines of the Register are a real “sharashka office” and the contract that you have concluded with them can be challenged not only in court, but also in other instances.

Is it possible to freeze a loan for a while

Despite the fact that the law is on the side of the borrower, the bank has the right to refuse to freeze the loan.

There is no other way to freeze a loan. With this scenario, the bank makes concessions to the borrower, improving the terms of the loan for him.

Most often, the essence of restructuring is to reduce the amount of the monthly installment. This enables the borrower to pay the required amount.

Negotiating a loan with a bank: real stories

True, I want to note that “sending for the holidays” cost me 500 UAH. - how much money the bank took for this service. In addition, I think they deliberately delayed the decision-making time so that I could “manage” to pay for December (I have to pay every month on January 12).

“Preferential” $300 will be paid already in February.”

provide a delay of 2-3 months to pay the body of the loan (that is, the borrower will still have to repay the interest).

The fight against interest on microloans version 2

An unrealistically high figure, which is very difficult to cope with. However, as time goes on, jurisprudence changes.

And I don’t know what this is connected with: either microfinance organizations began to massively appeal against decisions to higher courts, or one by one, walkers went to lobby their interests at the very top.

There is only one point: from some point on, a successfully working scheme of work failed.

How to use the grace period on a credit card?

A grace period (interest-free or grace period) is a period of time that the lender allocates to the client for the use of borrowed funds and repayment of the debt without the need to pay interest under the agreement.

But for this you need to meet several conditions:

• on the card every month you need to deposit an agreed amount called the minimum payment;
• until the end of the grace period, the amount borrowed from the bank must be fully in the account.

Each client needs to independently find out what is the duration of the interest-free period specifically for his card and what are the rules for its calculation.

The very first and most important rule on how to use the grace period on a credit card so as not to pay interest is to remember that a high commission is charged for withdrawing cash from a credit card and this will cancel the grace period. The second rule is to correctly calculate the time to pay off the debt.

Calculation algorithm

You can do this in several ways:

1. if at the end of the billing period an account statement is generated and this is considered the start date of the billing period. In this case, for 30 days the client is free to spend the funds, then he receives an extract (usually by e-mail or shown in his personal account) and then the cardholder has another 20-25 days to pay. If he does not have time, interest begins to accrue. As a result, the interest-free period is 50-55 days, and most banks use this principle;
2. if the start date of the period is considered to be the first purchase made with borrowed funds. Then the bank sets a certain number of days when the client can continue to spend money and deposit them into the account;
3. if each purchase has its own grace period, in this case, you need to pay off the debt separately. The method requires careful calculations.

Knowing how the grace period is formed is very important in order to properly use the grace period of a credit card.

Useful article: How to unlock a credit card?

Rules for successful use

The cardholder needs to remember the following points:

• familiarize yourself with all interest rates, cash withdrawal rates and other conditions for using borrowed funds so that there is no misunderstanding later;
• find out from a bank employee what monthly payments you need to make, what their sizes and terms for this, which will avoid the accrual of fines and penalties;
• try not to cash out borrowed funds without the need and use them only for cashless payments. This will allow you to rationally use the card without overpaying;
• Find out if you can activate mobile banking or internet banking. This will make it possible to receive up-to-date information on the amount of your debt and the terms of the grace period in time. Usually, Internet banking is provided free of charge and this is a great opportunity to control the time of making the next monthly payment.

How to repay debt?

You can pay off the debt on the card one time, while trying to make the payment within the grace period. This will make it possible not only to fully cover the debt, but also not to overpay on interest.

If the terms of your credit card require you to make a small mandatory monthly payment of a set amount, we recommend that you do not ignore the rules and stick to such a schedule prescribed in the agreement.

You also need to be prepared for the need to pay commissions or penalties for delaying the minimum payment if the client has not read the rules on how to use the grace period on a credit card.

Let's look at the features of repaying a debt on a card with an overdraft, provided that the billing period starts from the moment the purchase is made using a credit card.

By the way, this option is the most profitable for those customers who do not regularly make purchases using borrowed funds, because you will need to pay only when the item was purchased. The calculation of interest according to this scheme for the end user looks more understandable.

This is provided that the payment period is 50 days. Before that day, you need to pay off 20 thousand and, if there were still purchases on the card, add their amount to this. If you succeed, you won't have to pay interest.

If the card has not been used, but has already been activated, then the debts must be paid off and the credit card closed.

In this case, no fee will be charged for connected paid services, thereby using the credit limit even without your knowledge, not only within the grace period, but also in the new month.

This will rapidly increase the amount of debt, because interest on it will be accrued immediately after the delay.

Possible User Issues

If the monthly mandatory payment is not received or the cardholder forgot to pay the debt before the end of the interest-free period, then he will have to pay the debt with interest.

This can be done in several ways: deposit the amount at the cash desk of any branch of the bank, deposit money at an ATM or terminal, make a cashless transfer from another account.

But here it is important to pay attention to the timing of the receipt of money. Sometimes the process is delayed for up to 3 working days, which leads to a delay in the monthly payment, even if the client correctly calculated the end date of the billing period. Therefore, we recommend that you do not pay on the last day, but make it a little earlier.

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• 100 days without interest on the loan;
• Limit credit up to 500.

  000 rubles;

• Interest rate from 14.99%;
• The cost of annual maintenance is from 1190 rubles;
• Free replenishment and cash withdrawal;
• Free internet banking;
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• 56 days No interest on the loan;
• Limit credit up to 300.

  000 rubles;

• Interest rate from 11.5%;
• Issuance of a passport in 5 minutes;
• Free internet banking;
• Free mobile banking.

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• 120 days without interest on the loan;
• Limit credit up to 300,000 rubles;
• Interest rate from 29%;
• The cost of annual maintenance is free;
• Cashback 1%;
• Free internet banking;
• Free mobile banking.

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• Any purchases without a down payment;
• Renewable limit up to 350,000 rubles;
• Up to 36 months installments;
• The cost of annual maintenance is free;
• Cashback up to 7.5%;
• Additional Cashback in points;
• Free internet banking;
• Free mobile banking.

Bankers have many financial instruments with which they can influence non-payers. This is a penalty in case of delay, fines and, of course, interest that is accrued on the debt and payments not made on time.

A couple of months in this mode and a person owes several times more than according to the schedule. It was then that many Russians have a desire to freeze the growth of interest on overdue loans.

What to do

You can stop the endless increase in debt in the following way:

1. Try to pay off the loan in full, or at least pay most of it. Then the percentage accrual to bankers will be less, because it depends on the size of the debt.
2. With the onset of a difficult financial situation in the family, many ask the bank to restructure the debt. This will allow you to write off a little fines and penalties (at the request of the creditor), and all accrued interest for delay will be summed up. In fact, a person will owe the same amount as yesterday, but the bank will have the opportunity to rehabilitate itself. Moreover, some restructuring schemes involve a reduced interest for a period of time, an increase in the repayment period and other points. There is also a chance to get a "vacation" on the loan, when the debt is actually "frozen".
3. If the bank does not make concessions, then it's time to go to court. Only there it will be possible to influence the terms of the loan agreement. This will allow for the duration of the proceedings to stop interest on the overdue loan. Here you can use Article 333 of the Civil Code of the Russian Federation “Reducing the penalty”, if the amount of penalties and fines exceeds at least 50% the amount according to the schedule. The reduction of the penalty must be demanded in court in writing or orally, otherwise the judge will simply ignore this issue. Thanks to the Decree of the Arbitration Court No. 7171/09 of 03/02/2010, you can try to recognize the fees for issuing money, maintaining a current account and opening it illegal. And then send the entire amount to pay off the loan. This is possible if the size of the commission was specified in the contract.
4. If the bank has already managed to sue the borrower, then you can apply there with a counter-application on a general basis. Although this will temporarily postpone the proceedings with the creditor, which means it will give the client a respite to sort out the situation and talk with experienced lawyers.

Bankruptcy procedure

Recently, the Russians can take advantage of this opportunity. There is no need for additional costs here. At a minimum, you will have to pay up to 6 thousand rubles for the payment of the state fee and 10 thousand rubles for the services of the bankruptcy trustee, since without this you cannot go to the arbitration court.

To start the procedure, a person writes a special application to the judicial authorities, submits it for consideration. If the document is accepted, then the bankruptcy process is launched.

Later, the borrower still has to prove its insolvency., which will allow to recognize the petition as justified, and the process itself as legitimate. With a successful outcome of the whole case, the client's property goes to auction, and the proceeds go to pay off all debts.

At the end of the auction, if the size of the property was insufficient to cover all the loans, then the debt is simply written off. If a person does not have property, then the scheme is similar, it just makes no sense to conduct an auction.

In practice, bankers rarely turn to judges. And outside the judicial system, you should not expect an honest attitude from creditors.

It is better to initiate a stop of accruals on a problem loan in advance, seek advice from a trusted lawyer, or start acting on your own.

Hello Alexey!!

Hiding, not picking up the phone and doing nothing to solve the problem - in this case, “it’s more expensive for yourself”, this will not save you from fines, they will grow like a snowball, increasing the amount of debt, and you still have to pay them off. In no case do not stop paying at all - deposit at least some amount every month, this will confirm your intention to return the loan to the bank and, possibly, help to avoid litigation. Why is it important? If the borrower completely refuses to repay the debt, and the amount of the debt on the loan exceeds 250 thousand rubles, this can be regarded by the court as malicious evasion, for which the legislation provides for a fine of up to two hundred thousand rubles or imprisonment for up to two years.

It is quite possible that the bank will meet halfway and offer new conditions for repaying the loan: it will cancel some of the fines, revise the amount of the monthly payment by extending the loan term, and allow a deferment of the payment of the principal debt or the debt along with interest. If ordinary bank employees refuse, seek a meeting with the departments for dealing with overdue debts, with the heads of lending departments, and ask for assistance from the management of the bank branch.

If you feel that you are no longer able to repay the debt, then the court can save you. As soon as your case is submitted to the court, then from that moment, the accrual of any interest and penalties stops. Usually, banks themselves do not go to court, but prefer to drag out this process of “blow-out of debts” for a long time, since it is beneficial for them. But don't despair - you also have your rights as a citizen. In particular, you can use the “Resolution of the Presidium of the Supreme Arbitration Court dated 02.03.2010 No. 7171/09”, thanks to which the collection of commissions for opening and maintaining a loan account was declared illegal. Look at your documents with the bank. If the amounts for these operations are indicated there (and most often they are indicated, at least if the loan was taken a couple of years ago), then feel free to write “Claim to the bank”, where you demand that this money be recounted to you on account of paid or future payments.

This claim can be submitted to the bank, but if the situation has already dragged on and a statement of claim has been filed against you in court, you can include it in your “review of the statement of claim”, which you will carry to the court session. You also need to include in the review the excellent article 333 of the Civil Code of the Russian Federation “Reducing the penalty”

"if the penalty payable is clearly disproportionate to the consequences of the breach of obligation, the court may reduce the penalty."