There are many reasons for taking out a bank loan. But often the situation is such that after the approval of the loan application and the signing of the contract, the money is no longer needed. Or the loan was imposed on the client by an employee of a financial institution. How to be in this situation? Is it possible to refuse a loan when the contract is signed by both parties? What legislative documents should be guided by in order to get out of the current situation without material damage or to reduce it as much as possible?

Before signing loan agreement you need to read it carefully

So is it possible to refuse a loan before signing the contract? The simplest situation may be when the client visited a bank branch, personally applied for a loan, received approval, but did not sign any package of documents, including the loan agreement itself. Here you need to understand that an approved application from the bank does not oblige the client to take any action, if he ceased to feel the need for financial resources.

It is enough for the client to stop communicating with the bank employee and after a while the application in the bank software system is cancelled. It would be more correct for a potential borrower to notify financial organization about the lack of intention to borrow money. The procedure for submitting an application for a loan and its approval (refusal) are completely free of charge; no commission fees are charged from the client.

It is important to remember that an approved application (if the client has not personally refused) will remain in this status for several more days. This time is enough to think or search for the maximum advantageous bank offer.

How to refuse a loan if the contract is signed? Much more difficult, from a legal point of view, the situation is considered to be the one when the contract has already been signed. With his signature, the client agrees to enter into debt obligations to a credit institution. And it will not be as easy to refuse them as it would be from a regular approved application, when it was enough just to call the bank and declare your intention not to take a loan.

But do not despair. There is a way out of the situation when the loan agreement is signed, but the money was not needed. From a legal point of view, the fait accompli of signing an agreement can be divided into two cases.

The loan agreement was signed, the client did not receive the money

Here we can talk about both a cash loan and a credit card. You need to focus on the Civil Code of the Russian Federation, namely Art. 870. It says that the loan agreement is considered to have entered into force actually at the moment when the banking organization redistributed the borrowed funds (cash loan or credit card) directly to the borrower. Accordingly, it is after the transfer of the loan that the client has obligations to a financial institution.

And the sooner in this case the client takes the first steps towards refusal of the loan, the better.

You need to personally contact the banking organization as soon as possible and announce the decision to refuse the loan, as well as terminate the signed agreement.

You can cancel the loan even after signing the contract

According to the current Russian legislation in the field of regulation banking, the credit institution is obliged to satisfy the demand of the borrower containing the refusal of the loan after signing the contract. But practice shows that the bank, in order to keep the client as a borrower, will try, under various pretexts, to delay the process of refusal in time as long as possible.

But if the bank immediately went to meet the client and satisfied his demand to terminate the loan agreement before its actual entry into force, then the client will not need to pay interest on the loan or penalties for termination of contractual obligations. It is also possible that the client still has to pay interest on the loan, which he never used.

The loan agreement is signed, the money is received by the client

If the loan application is approved, the contract is signed bilaterally, the client received the money, but expressed a desire to return it on that day or in a few days and refuse the loan. This is where the early repayment process comes into play. The client must return to the bank the entire amount of the loan taken and pay interest for the days of using it. In this case, even if the client applied one hour after he received the money in his hands, then the interest for using them will be calculated based on one day.

Before signing the contract, it is important to clarify in its terms whether it is possible to early repayment loan without paying any penalties. For example, under a contract mortgage lending early repayment can take place only after a certain period of time specified in its terms and conditions and not a day earlier. Before this period, the client is obliged to make mandatory monthly payments in the amount prescribed in a special schedule. The same rules apply in most credit organizations involved in car loans.

In general terms, the client's procedure for canceling a loan agreement is as follows:

1. Once the decision has been made to cancel the loan, you must immediately contact the bank branch and notify the employee of your intention in writing.
2. The sooner the customer submits a rejection notice, the less financial expenses associated with the payment of interest for the actual time of using the loan, he will incur.
3. If the bank gives a negative answer, you need to seek the help of a qualified lawyer. Or call the phone hotline credit organization.
4. If the bank has agreed to terminate the loan agreement, then the next step of the client will be to write an appropriate application.
5. When it comes to consumer lending, when the loan is waived within 14 calendar days, no application is required.
6. When it comes to targeted lending, the application is also not required when the loan repudiation occurs within 30 calendar days.

In the case of consumer lending for any product, the store must return the money to the bank directly on the basis of the fact of the return. In this case, the borrower needs to ensure that the store makes the transfer on time Money in favor of the credit institution. In the meantime, he continues to fulfill his debt obligations to the bank.

If the client has not yet received the money, it is easiest to refuse a loan

Conclusion

Practice shows that the procedure for canceling a signed loan agreement is not complicated. It consists of several strictly defined stages. The country's legislation in the field of banking regulation clearly defines the rights and obligations of both the client and the financial and credit organization in the event of a loan repayment.

Before you sign a loan agreement, it is important to read all of its terms and conditions in full. If the meaning of any item remains unclear, you should seek help from a bank employee or a lawyer. It is in the terms of the agreement that the procedure for refusing a loan is prescribed.

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Cancellation of a valid loan agreement is possible only in case of compelling reasons. Borrowers who have encountered unforeseen circumstances and clients who received a loan as a result of intrusive advertising or a rash decision can refuse a loan.

Reasons for canceling a loan

The need to urgently cancel the loan agreement may arise after a thorough study by the client of the terms of the transaction. Many potential borrowers are not familiar with the current legislation and market lending parameters. As a result, at the stage of concluding transactions, they can make annoying mistakes. It is sometimes easier to refuse a loan than to change the terms of financing.

The main reasons for the transaction cancellation procedure:

• The presence of terms of the contract that do not suit the client.
• Making a loan without the request of the borrower. For example, many banks issue credit cards at the same time as debit cards. Customers are free to refuse to activate such payment instruments.
• imposition consumer loans representatives of various trading companies.
• Changing the terms of the transaction by the lender unilaterally without the consent of the borrower.
• Getting over advantageous offer until the entry into force of the agreement.

A rash execution of a transaction often leads to serious consequences, including financial losses, so borrowers are strongly advised to carefully discuss the specific terms of the agreement with a representative of a credit institution. Refuse current loan a thorough study of the terms of the contract will help, which indicates the recommended sequence of specific actions that allows you to terminate the transaction without much loss for the borrower.

You will have to issue a full refusal of the loan at the nearest office of a financial institution. The Borrower is also required to demonstrate that there are good reasons for such a decision. Cancellation of the agreement signed by the parties in the absence of a reasonable decision of the borrower is prohibited.

When can you cancel a loan?

The procedure for canceling the contract largely depends on the stage at which the lending process is located. The easiest way is to cancel the deal before the parties sign the documents. After receiving the agreed amount of money in hand, the borrower will have to provide a really good reason for refusal. Usually, in this case, independent credit consultants recommend early repayment of the transaction. Some contracts provide for a short period during which the borrower has the right to withdraw from the transaction without the risk of penalties.

Borrower advice:

1. Obligations to the creditor arise immediately after the signing of the contract. Until this moment, the client can refuse the transaction in favor of loans with more than favorable conditions financing.
2. You can usually refuse to borrow funds even if the application is officially approved by an employee of the financial institution.
3. In the case of consumer lending, the contract is considered invalid until the client receives the selected product in his hands.
4. The client has every reason to refuse the loan if the goods received on loan are defective.
5. Through the court, the contract is canceled only if the creditor violates the terms of the transaction.
6. After receiving profitable loan the contract can only be terminated by agreement with the creditor.

It is strongly recommended to apply to the bank with an official application to refuse lending to borrowers who do not know how to plan their costs. Usually the delay arises precisely because of the ill-considered use of the funds received on loan. Careful planning of the budget will allow you to get rid of the need to take a loan. The potential borrower in this case will use personal savings.

When terminating a loan agreement, you will also have to take into account the financial losses that the borrower may face. Since the transaction can only be canceled by agreement of the parties, the creditor has every right to demand compensation. Sometimes the contract even prescribes the amount of compensation that the borrower undertakes to pay if he wants to stop cooperation with the financial institution.

Stages of termination of the loan agreement

Borrowers who plan to take out a large loan should carefully read the terms of the deal. Termination of the contract is a multi-stage and extremely complex process, which should be avoided if possible. The borrower will have to collect a package of documents to officially confirm the reason for the cancellation.

Deal termination stage:

1. Notification of an employee of a financial institution about the desire to terminate the contract.
2. Discussion of the terms of the cancellation of the transaction.
3. Returning goods to the store and transferring funds to a loan account, if it is a consumer loan.
4. Collecting a package of documents confirming the legitimacy of refusing further lending.
5. Providing a statement stating the reason for terminating the contract.
6. Consideration of the application by the financial institution.
7. Obtaining a positive or negative decision of the creditor.
8. Return of borrowed funds if the loan was issued in cash.

Even if a financial institution refuses to terminate the contract for the client, experienced employees of such an organization will offer several recommendations to resolve the issue, eliminating harm to all parties. If the financial institution agrees to terminate the transaction, the client has the right to refuse such a decision up to the official termination of the contract.

Thus, the refusal of a consumer loan is considered quite accessible way termination of the contract. The borrower is advised to contact the financial institution directly or engage independent specialists (lawyers and economists) in order to form an individual approach to terminating the contract. Do not make hasty decisions, ignoring the recommendations of professionals.

If you have problems with a loan agreement, do not postpone contacting the office of a financial institution. In practice, any delay leads to significant problems at the stage of cancellation of the transaction. Getting qualified advice will allow the borrower to get rid of some of the mistakes that often occur in the process of terminating the transaction. Having thought through his actions to the smallest detail, the borrower gets the opportunity to resolve disputes with the bank amicably without any financial damage.

Good afternoon The following happened. I have signed a bank agreement for consumer lending. The credit institution told me that the transfer would most likely happen in 3 working weeks. But I've somehow thought about it, I'm thinking of giving up the loan. Tell me how to refuse a consumer loan and can I do it? Ivan.

Hello Ivan! Yes, you can opt out of consumer borrowing. At the legislative level, they have already taken care of the consumer, and this year the new law “On Consumer Credit” will be released.

It is he who will tell you in detail how to refuse a consumer loan. This legislative document contains items related to mortgage lending.

Main gist. The new law "On Consumer Credit":

When applying for a consumer loan, the borrower can familiarize himself with the loan agreement at the time of its signing. As a rule, it is not possible to study it in the most detailed way, since this takes time, and there are a lot of contractual pages.

And all the detailed conditions of lending are spelled out on these pages. New law The statutory document "On Consumer Credit" obliges banking structures to acquaint borrowers with contractual terms long before signing a loan deal.

Borrower must be informed banking organization O:

Full credit loan;
Arranged loan repayment schedule;
Possibility of early payment of the entire loan;
The presence of a limit on consumer credit;
The presence of penalties for late repayment of the loan.

In addition, the legislative document advocates the abolition of the banking commission for the fact that the bank is considering an application-order and the term for making a banking decision will be reduced to two weeks.

All loan documents, including plastic credit cards, will be handed over to the borrower at a personal meeting.

And the most important innovation is that credit borrowers will have the right to refuse a consumer loan, even if the registration has already taken place.

The main thing is to have time to refuse within ten days from the moment the loan agreement was signed, without explaining the reasons for your act.

It should also be noted that in case of early payment of a loan, no accrued interest and bank fines should be charged. The client only has to pay the interest rates for the entire term of the loan.

Currently, some banking structures allow you to make a refusal on many banking products.

Consumer borrowing can be revoked, but only within 24 hours.

Cancellation of the loan agreement is possible only under certain conditions.

Situations are different: today a person needs a loan, but tomorrow or even in a couple of hours - no longer. The motivation of the borrower does not play a special role, something else is important - the stage at which the decision was made to cancel the loan, and the need to comply with certain formalities in order to get out of the situation with the least loss for yourself or without them at all. So is it possible to refuse to receive an already taken loan from a bank?

Three possible scenarios

In practice, there are three situations, depending on which the client of the bank can take certain actions aimed at refusing a loan. If we proceed from the principle "from simple to complex", then such situations will look like this:

1. The application was approved, but the contract was not signed. The application and its approval are actions that the parties do not oblige to anything. In such a situation, communication and interaction with the bank can simply be stopped and without any consequences, or, showing courtesy, notify the bank of the loan refusal (if you do not know how to write a loan refusal at the bank, you can download the sample below).
2. The contract was executed, signed and the money was at the disposal of the borrower, but the latter immediately, on the same day or a little later, decided to withdraw the loan without spending a penny from the loan amount. In this case, the situation is not very complicated, but you will have to turn to the procedure for early repayment of the loan in full and, in addition to returning the principal amount, pay at least interest during the time you “use” the loan. Even a few minutes or hours will be counted as 1 day, for which you have to pay the bank. Please note that by mortgage agreements some banks set a moratorium on early repayment (even partial) of the loan, which is usually valid during the first months.
3. The contract has been signed, but the loan has not yet been made available to the borrower. Such a development of events, although outwardly it seems simple, is not by chance classified as the most complex, since it can develop according to the scenario indicated in the first case, and in such a way that it will be necessary to turn to the procedure for the full early repayment of the loan. It's one thing - if the amount is small, but to lose serious money, paying interest on what they did not have time to use - it's a pity and unfair.

According to Article 821 of the Civil Code of the Russian Federation, unless otherwise provided by the loan agreement, the borrower may fully or partially refuse to receive a loan by notifying the bank. The notification period is given until the moment of granting the loan, and the term for granting the loan is established, again, by the loan agreement.

Thus, the law says that the conditions for how to cancel a loan, the parties must determine in the contract. It is clear that usually these conditions are dictated by the bank, and by signing the contract, the client simply agrees to them.

Unfortunately, the Civil Code of the Russian Federation does not define and does not disclose the concepts of "obtaining a loan" and "granting a loan", therefore, many borrowers tend to believe that both obtaining and providing a loan are one and the same, and means the moment when the money arrived in their order: to the account, in cash, trade organization from which the goods were purchased on credit, etc. This approach, as well as the often confusion of the concepts of “credit” and “loan”, makes one think that it is possible to refuse a loan without financial consequences at any time until the money is available. This is wrong:

• the provisions of laws applicable to loans, in particular Article 807 of the Civil Code of the Russian Federation, according to which the conclusion of an agreement is the moment of transferring money, do not apply to loans;
• you need to start from what is written in the loan agreement, and the procedure for granting and receiving a loan from different banks and for different credit products are different.

Otherwise, things are consumer loans. Here the Law clearly states that the agreement is regarded as concluded when an agreement is reached between the bank and the borrower on all individual credit conditions, which in fact means the signing of the contract by the parties.

In general, the procedure for the borrower to refuse a loan will be as follows:

1. It is necessary to promptly prepare and submit to the bank an application for refusing a loan. The sooner this is done, the better.
2. After the bank gives an answer, agree with it or challenge it in court.
3. If you agree to early repayment, you must write a corresponding application to the creditor bank. It is not required for consumer lending if the borrower repays the entire amount and interest within 14 days from the date of receipt of a regular loan and within 30 days from the date of receipt of a targeted loan.

In some cases, the bank may agree to make concessions and not charge interest if the client has just received a loan and immediately refused it. But such issues are resolved on an individual basis, and this is the right, but not the obligation of the creditor, unless it is expressly stated in the contract.

It makes sense to sue the bank only when terminating the loan is really very expensive, that is, the required amount of interest is large. But do not forget that during the resolution of the dispute, much higher percentages can run up than it was originally.

If you still have questions about the termination of the loan agreement with the bank at the initiative of the borrower, then our online lawyer on duty is ready to answer them promptly.

No wonder they say that before you take out a loan, you should rethink your actions several times. The fact is that sometimes most borrowers apply for a bank loan without much need, and after a certain time they begin to think and calculate their losses. Of course, the decision to apply for a loan should be taken sensibly and reasonably, because after signing a loan agreement, the borrower may experience some difficulties. Is it possible to cancel the loan after signing the contract? And really, is there such a possibility, let's try to figure it out.

How to refuse a loan before signing a loan agreement

Here, asking a similar question, one should be guided by the rule that the relationship between the bank and the borrower is regulated by mutual agreement. That is, the lender and the borrower become parties to financial transactions after the signing of the loan agreement. Recall that, according to the agreement, the lender provides funds to the borrower on the condition of urgency of payment and repayment, in the manner established by the lender with the written consent of the borrower.

From this we can conclude that before signing a mutual agreement, the borrower does not owe anything to the lender, which means that at any stage he can refuse the loan. If you have applied for Bank loan, received a positive decision and got acquainted with the terms of cooperation, a loan agreement was left for you, but you suddenly changed your mind about taking borrowed funds you can just apologize to loan officer and leave the financial institution.

Important! The contract is considered concluded only after it is signed by the borrower, until this moment you can easily refuse to issue borrowed funds without any consequences for yourself.

Refusal of lending after signing the contract before the issuance of borrowed funds

Let's analyze the second situation - you signed a loan agreement, but you haven't received the money yet. This question has two sides: conditions banking agreement and civil code Russian Federation. The relationship between the lender and the borrower is regulated by the loan agreement. Here, banks protect themselves as much as possible from the refusal of credit funds, because they do not receive the expected profit. Here, when asked whether it is possible to refuse a loan, the bank employee refuses to answer because you have already signed the contract.

In this example, an employee of a financial institution violates the regulation Civil Code. After all, in accordance with applicable law, a loan agreement is considered concluded only after the transfer of funds. Accordingly, until you have received money from the bank, you do not owe anything. However, in the loan agreement, the bank indicates the procedure for returning borrowed funds and refusing to lend after signing the agreement, which directly contradicts the Civil Code of the Russian Federation.

How to refuse a loan if the contract is signed. First of all, if the funds have already been credited to your credit account, then you should not receive them in cash. If the money was transferred to the account plastic card, then you need to act in the same way: you should not remove them. After that, you write an application addressed to the head of the financial institution to refuse lending. Based on the results of consideration of your application, you will receive a denial or consent. In the event of a positive decision on your application, the funds from the credit account will again go to the creditor, and if you are refused, you have every right to defend your interests in court.

Important! For the period while your application was being considered, you will have to pay a certain percentage, namely for those days during which you were supposed to use borrowed funds, although, from a legal point of view, this is not entirely correct, because the money was kept in the bank and you they were not used.

How to cancel a loan after receiving money

The most difficult situation is when the need to refuse lending arose after receiving the entire loan amount. Here, the agreement is already considered concluded, which means that the borrower is obliged to pay the issued loan within the period established by the agreement. But not all borrowers know one nuance, which is that within 14 days after receiving the funds, you can legally refuse a bank loan.

Please note that due to changes in legislation from 2014, each borrower has the right to return the funds to the bank received under the loan agreement within 14 days after receiving the entire loan amount.

It follows that if you have received a loan, and you no longer need borrowed funds, you can, without prior notice (written application), put the money in full on the current credit account. But even here it is worth considering one feature - you used a certain period, then you must pay a fee to the bank for it. It will be easy to calculate the amount of interest: for this annual interest divide by the number of days in a year (365 or 366) then multiply by the loan amount the number of days you actually used it.

For example, if your loan amount is Rs. interest rate 18% per year, then for 10 days the percentage will be calculated as follows: 200,000 * (0.18 / 365) * 10 \u003d 968 rubles.

So, if you want to return borrowed funds to the bank, provided that the agreement was signed less than 14 days ago, then you first need to find out exactly the amount of accrued interest. That is, contact the bank branch and ask the employee of the credit department to calculate the amount of interest for you for the days when you actually used the loan, after that, pay the funds to the cashier, namely the loan amount and accrued interest. Then contact the credit department again to ask for a document confirming the early termination of the contract between the borrower and the bank.

Please note that the bank does not have the right to charge an additional fee for the return of credit funds.

Loan repayment after 14 days

It may happen that the borrower missed the loan repayment period, but at the same time, the need for borrowed funds has disappeared. There is another option here - full early repayment of the loan. The fact is that according to the law, the bank does not have the right not to accept the payment of loans ahead of schedule in full, this is in accordance with the current legislation. Among other things, fines, penalties and forfeits for such actions are illegal.

How to pay off the loan ahead of time? Here, the procedure is fully regulated by law, according to which the borrower has the right to repay the loan ahead of schedule, but at the same time notifying the lender at least 30 days in advance. In a word, first you need to write a statement to the bank about the intention to repay the loan ahead of schedule, then pay the principal and interest, but only after 30 days. At the same time, it is imperative to find out the exact amount of the debt on the repayment date, only a bank employee can calculate it for you.

However, in practice, everything looks quite simple, insofar as financial institutions do not have the right, but to prohibit the borrower from paying loans ahead of schedule, they, on the contrary, have simplified this procedure. For example, in some banks it is not even necessary to write an application for early repayment, more precisely, you can apply in other ways: through Internet banking or through a hotline operator. In addition, some banks have reduced the application deadline to 3 days, which means that the borrower can apply for early repayment, immediately replenish the credit account, and terminate the agreement with the bank ahead of schedule three days later.

Please note that after paying the loan, the borrower must receive a document confirming the early termination of the contract in order to avoid a dispute with the bank in the future.

By the way, one cannot fail to say that each bank has its own procedure for terminating the contract ahead of schedule. That is, in the loan agreement, the bank prescribes the procedure for repaying borrowed funds and paying interest. Therefore, first you need to carefully study the loan agreement, and then contact the bank.

Going to court

Refusal of a loan after signing the agreement is not against the law, and most banks adhere to all provisions of the law, because otherwise they risk their license. But if suddenly the borrower is faced with such a situation that the lender refuses to accept borrowed funds after signing the loan agreement, then his actions can be challenged in court.

What do you need for this:

• loan agreement;
• claim for early termination contracts;
• a written refusal of the bank to accept funds after signing the loan agreement.

From this we can draw a definite conclusion that for starters you still need to contact the financial institutions to write an application for the return of loan funds after signing the agreement. Based on the results of consideration of your application, the bank must issue you a refusal in writing with an explanation of the reason. In the future, this document will indicate a violation of the rights of the borrower.

Why go to court if you can pay off the loan ahead of schedule? Surely many people ask this question, but here it must be borne in mind that in court the borrower can apply for the cancellation of interest that he will pay within 30 days until the date of early repayment of the loan comes. And when it comes to large sums and high percentages, then in a month the bank can count quite an impressive debt. In court, you can recover the costs of payment state duty and cancel interest. Although it is worth noting that, for sure, the case will not reach the court.

Please note that while the trial is ongoing, the bank will demand payment of the loan, according to the payment schedule, and here it is reasonable for the borrower not to evade his obligations, because he will be able to return the amount paid in court, but still his debt will negatively affect his credit dossier.

Thus, if for some reason you change your mind about using bank loan, then you have the right to return the funds, even if the bank convinces you otherwise. As you can see, you can refuse a loan at any stage, and of course, one cannot fail to say that it is wiser to start thinking carefully before applying for a loan and carefully read the loan agreement.