Hello, I’m on maternity leave and divorced, my husband doesn’t pay alimony, we live on child support, we don’t have enough money to pay the loan, I applied for restructuring, they refused, help, is there still an option for deferment?

Can a family with 2 adopted children and 2 of their own children get a loan and mortgage deferment?

Good afternoon Tell me, we have 4 children (an 18-year-old son is studying on a budget in St. Petersburg, a 10-year-old son and two adopted children (we are like a foster family for half a year, then adoption, we are waiting for half a year to pass, because biological parents are deprived. ..

December 09, 2017, 14:43, question No. 1840091 Irina, Yuzhno-Sakhalinsk

How to ask the bank for a deferment if you have problems paying the loan?

Good afternoon. My situation was not good; I was left without work for some time. At the moment I have already found a job, but I still have problems with loan payments. Can I ask for a deferment from the bank? And what does this mean for me? Or maybe there is more...

How to submit a claim to the bank for a loan deferment due to going on maternity leave?

Hello. Please tell me how to properly submit a claim to the bank for a loan deferment due to going on maternity leave, for further filing in court.

April 19, 2017, 15:21, question No. 1613765 Claudia, St. Petersburg

Can I get a deferment for loan repayment?

Dear Vladimir Vladimirovich, a citizen of the Russian Federation, Ovsepyan Gagik Arshakovich, a father of six children, a daughter-in-law since 2002, living in the Rostov region, Myasnikovsky district, the village of Krym st. 1st Dead End building 19. 2008 took out a mortgage loan to improve...

03 April 2017, 22:31, question No. 1595736 Gagik, Rostov-on-Don

How to get a deferment on mortgage payments during maternity leave?

Good afternoon Please help me solve the problem: I have a mortgage with Globexbank, having paid without delay for more than a year, I became pregnant and went on maternity leave. Income has changed. I applied for a deferment during maternity leave, but the bank refused me without even offering me...

Is it possible to get a deferment on payment of micro-loans?

Hello. There are obligations for micro-credit in more than 10 organizations. Everywhere there is a delay. I don’t refuse any obligations. In order to fulfill them, I ask for a delay. In response, only threats about the police and the fact that they will sell debts...

Is it possible to get a loan deferment?

Hello! Help with a question please. My mother is in intensive care with a brain hemorrhage. She has loans, can they provide a deferment on the loans while she is there? Sberbank denied me a deferment on my card, and the Russian standard response is not yet...

Is it legal for the bank to insist on early repayment of the loan?

Hello. The fact is that I took out a loan not so long ago and was a solvent borrower. But after losing my job, I stopped paying off the loan. It has been 24 days since I have been unable to pay the payment amount and, of course, the fines. I'm currently applying for service...

What should I do in a difficult situation with loan repayment?

I took out a loan from the Home Money MFO. 30,000 - for 52 weeks - the weekly payment is 1350 rubles. I paid regularly, but it happened that I had to move, so my job disappeared, at the moment I have 6 overdue weekly payments, and...

Is it possible to withdraw maternity capital from a mortgage if it has already been transferred to a bank account?

The bank does not fulfill the obligation specified in the contract or does not fulfill it correctly and does not refuse, it is still stalling. The fact is that, according to the contract, upon the birth of a child we can take a deferment of up to 3 years, but in the bank, due to the ignorance of the bank employees (they...

Deferment of loan payment may be necessary if a person has taken out one or more loans, but for some reason is unable to make payments on time. The mass of people who took out loans in pre-crisis times and were unable to pay off these loans is quite large. The crisis in the country was one of the reasons when massive layoffs left many people without a livelihood. Accordingly, when a person loses a stable source of income, repaying the loan becomes a burden for him.

What can you do to minimize the troubles that may arise due to loan defaults?

Inform the bank.

But then such a nuisance happened - the loan payment was due, but there was no money. What should I do?
The main thing is not to panic. The bank also employs people who can assess the situation, and not some villains. At the end of the day, it's just not economically feasible. To minimize troubles due to loan defaults, you should never hide from the bank. The bank will evaluate the behavior of the borrower, who honestly warned in advance that he was having problems repaying the loan. Despite debt and the difficulties encountered by the borrower, the bank will still consider him as a partner, if, of course, he behaves reasonably.

The bank considers reasonable behavior to be the borrower's honest admission that there are problems with repaying the loan, and timely initiation of negotiations with the servicing bank. Based on the information provided by the client, measures are developed to resolve the current situation.

Banks have a very negative attitude towards borrowers who save debt on a loan, “hiding their heads in the sand” and avoid communicating with managers, fooling them with empty excuses and justifications. The bank needs information to make the best decision, and not assurances that “everything will be fine.” Every lender is interested in long-term cooperation with the client and maintaining the quality of the loan portfolio; there is no need for late loans to the bank. Therefore, the bank will most likely offer a number of options to solve the problem debt, For example, deferment of payment or installment payment on a loan."

But any financier knows the rule - the longer the borrower uses the money, the more it costs him. Therefore, extending the loan term or deferring loan payments makes the loan more expensive. Always. You need to be prepared for this.

How to solve the debt problem?

There are several generally accepted ways to resolve a problematic situation. debt on loan.

• The bank can provide you deferment on repayment of the principal debt, allowing interest-only payments for a certain period, increasing the loan repayment period, or providing “credit holidays”, completely freezing loan payments. “A deferment of loan payments is possible if financial difficulties are temporary and the client has not had problems repaying the debt in the past. To apply for a credit holiday, you must contact the bank, tell about the current problematic situation and write an application for a deferred payment.
  A loan payment deferment may be denied if the client already has an overdue debt or if this is not provided for by this lending program at all.
  Typically, the maximum period for which a client can apply for a deferment on repayment of the loan body is 12 months. At this time, he will only have to pay interest to the bank.
  The main advantage of credit holidays is the ability to repay only interest when the borrower has problems with money.
  The downside is that by taking a deferment, the client may significantly overpay. Credit holidays delay the repayment of the principal amount of the loan, but the interest amount does not decrease. If you repay initially in equal installments, then, naturally, the loan amount decreases and you will pay less interest.
  The second disadvantage is that the client reduces the loan period. Let's say he took a one-year deferment on a 25-year loan. Then, over the course of 24 years, the payment will be higher rather than extending it over the entire period.
• You can reduce the monthly loan payment through restructuring debt. Most often this happens as follows: the loan repayment period is extended and due to this your monthly loan payment is reduced, that is, the principle is used installment payment. True, you will have to pay more money in the form of interest, but in case of force majeure such considerations become secondary.
  There is no single rule for restructuring - this is purely individual work, in which it is necessary to build on the current situation. Thus, preparation for restructuring is the responsibility of the borrower himself. However, it is necessary not only to provide the bank with the information it needs and to convince it that the income forecast is fair. It is necessary to prepare a proposal for the bank, properly structuring the transaction - having worked out in detail the restructuring technology in order to optimize its parameters and minimize risks.
  And since this work is complex, painstaking and extremely delicate, it must begin as early as possible. In general, in restructuring, as in any business, it is important not to be late. That is, think long before you miss the interest repayment period for the first time. Plus, when things get better, there's nothing stopping you from paying off debt repay the loan ahead of schedule, then you won’t have to overpay on interest.
• You can reduce your loan burden by changing the schedule according to which contributions are paid. For example, monthly payments are replaced by quarterly payments for some time. Or, for a certain period of time, the amount of monthly payments is reduced to an amount that is affordable for you, and subsequently these payments increase proportionally.

Schemes to support a borrower experiencing financial difficulties can be different; they are selected in accordance with the current situation. But it is no coincidence that banks insist on extreme frankness about the nature of these difficulties. They will help only those whose problems are considered a temporary, accidental phenomenon.

Conflict with the bank.

If you solve the problem with credit overdue debt If you fail, and there is no collateral whose sale will cover the debt, then most likely you will face a conflict with the bank. Usually, in these conditions, the bank goes to court and the debtor is either obliged to compensate debt through the sale of any assets, or declare bankruptcy. In addition, the bank may transfer the debt to a collection agency, which will receive the rights to collect your debt.

However, remember that the debtor also has certain rights that may be violated during a debt conflict. In this case, the borrower can resort to the help of third parties - both judicial authorities and state and public organizations that control banking activities and debt collection processes. Only a court can oblige the bank to provide you with a deferment or reduce the amount of your monthly payment.

At the moment, there is a draft entitled “On rehabilitation procedures applied to a citizen-debtor”, introduced by the Ministry of Economic Development. A bill on rehabilitation procedures applied to debtor citizens is planned to be submitted to the State Duma during the spring session of 2012. According to this law, the debtor can apply to the Arbitration Court (by the way, the creditor can do this too) with an application to declare himself bankrupt. This can be done in case of inability to repay a loan amounting to 50,000 rubles within 6 months. If creditors and the Arbitration Court declare the debtor bankrupt, then the debtor will be obliged to give up his property for sale (similar to how bailiffs come to the debtor’s apartment and confiscate property). It will not be possible to take away the debtor’s only home, as well as basic necessities. After this procedure, his debt will be forgiven.

However, it must be admitted that it is often not profitable for creditors to bankrupt their borrowers, because the proceeds from the sale of the debtor’s property turn out to be less than the borrower’s debt (which, in the event of bankruptcy, will be written off from him). Therefore, it is more profitable for banks to restructure loan debt. This means that the bank offers installments to repay the loan for up to 5 years (this is assumed in the bill of the Ministry of Economic Development). In this case, the bank can charge interest on the remaining debt in the amount of 50% of the Central Bank refinancing rate.

For 5 years, a bankrupt debtor cannot take out new loans - this is understandable, this is retribution for the inept use of credit.

To exclude abuse on the part of the debtor, it is determined that a bankruptcy application can be filed only if there are funds to pay the insolvency administrator for two months.

When applying for a loan from a bank, we all expect that our salary will increase over time, making it easier to pay off the debt. However, there are times when a person is demoted or fired. Or he gets injured and because of this he cannot work for several months.

The inability to earn money does not mean that you do not need to pay the loan. If there are no payments, the bank will begin to charge penalties, and the debt will increase significantly.

Therefore, in such a situation, it is necessary not to remain silent, but at the first opportunity to go to the bank, report changes in your financial condition and ask for a deferment on the loan. Credit institutions are interested in the debt being repaid, and in such cases they usually meet halfway by providing a deferment on a consumer loan.

If you doubt whether you can get a deferred payment on your loan, then don’t. This can be done at any time and in any bank. In any case, you have the right to write a corresponding application, but the bank has the same right to refuse.

Therefore, when collecting the documents necessary for a loan deferment, be prepared to receive a negative result.

What documents are needed to obtain a deferment?

Just going to the bank and asking if it is possible to get a deferment is not enough. In response to this question, they will tell you that the decision is made individually for each borrower, so you need to collect a package of documents and submit it for consideration.

After a certain time, the bank will inform you what decision has been made.

By law, any appeal from an individual to any organization must be considered within 30 days. If necessary, the period can be increased, but not more than twice.

Therefore, do not be surprised if you are told that processing of documents will take several weeks. This is fine.

So, read the list of documents required in order to obtain a loan deferment from the bank.

1. Passport. Without a document confirming that you are you, there is nothing to do at the bank.
2. Loan agreement. Since you are asking to change the terms of the loan specified in the agreement, the employees dealing with your issue must see the agreement on the basis of which you cooperate with the bank.
3. Payment schedule. It must be current on the date of contacting the bank. If you made an early repayment or have already requested a deferred payment, you need to provide the schedule that was given to you after all these procedures. If you provide the document you received when issuing a loan, you will simply waste time: upon review, it will turn out that the schedule has already been changed, and you will be refused due to an incomplete package of documents.
4. Documents illustrating the need for a deferment. This can include a variety of certificates. The main thing is that they show that previously you could afford the monthly payment, but now the situation has changed.

   We will talk in more detail about what documents these may be later, when we talk about who can claim to change the terms of the contract.

5. Application for a deferment. Formally, you can write it in free form; this is not regulated by law. However, every bank has a form specifically for such cases. You can try to find it on the website so that you can come with a ready-made package of documents, or you can ask the employee who will work with you to print it out.

You provide all documents in originals; if a bank employee needs a copy, he will make one.

Remember that certificates have a validity period, and do not delay contacting the bank.

Reasons for receiving a deferred payment

We have already said that anyone can get a deferred loan payment. Of course, there must be serious reasons for changing the terms of the loan agreement. Therefore, if a client asks to be excused from paying off the debt for several months simply because he wants to, the bank will most likely refuse.

It is important to remember that deferment is not a right, but a privilege. Anyone can ask for it, but the bank will not give this deferment to everyone.

Below we will talk about in what cases a deferment will be granted.

Job loss

If, while repaying the loan, you unexpectedly lost your job and, therefore, were left without income, this is a reason to contact the bank to find out whether you can get a deferment on the loan. Most likely they will answer you positively and ask you to collect documents.

Confirmation of the lack of work will be the work book, where the last entry is “Dismissed”, and an order to reduce staff or liquidate the enterprise.

If you are being laid off, under no circumstances agree to write a statement of your own free will.

If you were laid off, then you are not to blame for losing your job. If you succumb to the employer’s persuasion, then formally it turns out that you yourself wanted to leave your job.

Serious illness

If you or your family members have been seriously diagnosed and require immediate treatment, then you will probably not have time to repay the loan: all the money will go towards medicines, surgeries, rehabilitation and other expenses associated with treatment.

In this case, you will need to bring documents from the hospital to the bank confirming that you have a disease and the fact that it did not exist at the time the loan was issued. You will also need documents containing numbers. That is, contracts with hospitals, which stipulate that you pay a fairly large amount for treatment.

Seeing that most of your budget is spent on medical expenses, the bank may provide a deferment for several months.

Birth of a child

When a child is born into a family, expenses are sure to increase. Therefore, in connection with the birth of a child, you can also try to get a deferment. And the package of documents in this case is the simplest - just a birth certificate.

Options for deferred loan payments

Depending on the bank and your situation, they may offer several deferment options.

1. Decrease in interest rate. This is done not for the entire term of the loan agreement, but for a certain period. For example, for six months. This means that for 6 months you will continue to make the same principal payment, but interest will accrue at a reduced interest rate during this time. Due to this, the total loan payment will be lower, and you will be able to avoid overdue debt.
2. Deferment of interest. This means that during the period determined by the additional agreement to the loan agreement, you will only pay the principal debt. And the interest that you had to pay at this time will be evenly distributed between subsequent payments. Consequently, future payments will increase. How much depends on the length of the deferment and the remaining repayment period of the loan.

   Since the bank receives most of the interest in the first half of payments, it is worth choosing this deferment option at this time.

3. Deferment of payments on the principal debt. The opposite situation. During the deferment, the client pays only interest, and the principal debt is distributed over the following months.

   If you have recently started paying off a loan, such a deferment will not be useful: most of the payment goes to interest, therefore, the loan burden will practically not decrease. But if you have already paid half of the term, it makes sense to choose this option.

4. Extending the term of the loan agreement. This is not a pure deferment because you will pay every month as you should. However, by increasing the loan term, the monthly payment may be significantly reduced. When your financial situation improves, you can close the loan early. If financial problems do not disappear, it will be easier for you to make a small payment.

Perhaps your bank provides some other options for solving borrowers’ problems, but the ones listed are the most common.

The procedure for granting deferment on loans

The process of obtaining a deferment consists of several stages.

1. Contact the bank with a package of documents and apply for a deferment. For your own peace of mind, you can ask for a copy of your application with an acceptance mark.
2. Wait for the bank to review your documents. It is worth finding out in advance how you will be informed about this and in what time frame.
3. Sign documents prepared by bank employees. This will be an additional agreement to the loan agreement, which will spell out the conditions under which you receive a deferment, and a new payment schedule.

This completes the process of obtaining a deferment. Once you receive the documents, be sure to check the schedule to see when the payment changes. This will most likely happen on your next payment date.

If the borrower does not pay the next payment, a delay occurs. For every day of delay there is a fine. If payments are not received for several months in a row, the bank may go to court or transfer the debt to collectors. This is not the most positive option for the client. A loan deferment can save the situation - it is provided by the bank to reliable borrowers who find themselves in difficult financial conditions beyond their control.

Sometimes a deferred payment on a bank loan is specified in the agreement. In this case, the borrower has the official right to use it. If there is no such clause in the contract, you will have to make a request to the bank - write a statement and provide documents that may serve as valid grounds to justify the delay in payments.

The right and procedure for changing loan terms are enshrined in legislation, in particular in the Civil Code and Federal Law No. 353. There, among other things, deferment of payment is mentioned as one of the measures to get out of a difficult financial situation for the borrower.

What is a loan payment deferment?

If, during the repayment of the loan, the borrower realized that he could not make the next payment, he has the right to contact the bank, write an application and attach to it documents/documents indicating that, for objective reasons, he is temporarily unable to fulfill his loan obligations in full .

In what form can a deferment, which is also called a credit holiday, be provided:

The monthly payment date is postponed, for which changes are made to the debt repayment schedule. For example, a person used to work in an organization where salaries were paid at the beginning of the month. And it was convenient for him to pay for the loan during the same period. But then he quit, found a new job and began receiving a salary at the end of the month. The previous payment schedule was no longer very comfortable. And the borrower has the right to contact the bank with a request to shift the date of the monthly payment. If a person has lost his job, but is confident that he can find it in a couple of weeks, then shifting the date of making payments by a couple of weeks will also be a way out of this situation for him without the risk of earning late fees.

Changing the payment schedule from once a month to once a quarter.

Credit holidays for the principal portion of the debt. For some time, the borrower pays only interest on the loan, without repaying the principal. For example, this is possible if the borrower went on maternity leave and took a deferment in repaying the main body of the debt, even for a year (with the consent of the bank).

Full credit holidays. Possible only for individual borrowers who have proven themselves to be reliable clients (already have a fully repaid loan, have never been in arrears before, have not done refinancing or restructuring). A full deferment of payments, during which you do not need to pay anything at all, is provided for a maximum of three months. Accordingly, the validity period of the loan agreement is extended for the same period.

You will still have to pay the deferment when the term of the provided credit holiday expires. That is, you won’t be able to save on a loan this way. But usually people don’t come for the reason that they want to save something. They simply have nothing to pay.

How to get a loan deferment? Only through the bank. The decision is made by a special commission based on the submitted application and documents. If a refusal is received from the bank, the client can go to court with the same documents and a written refusal from the credit institution.

By the way, if the loan is insured, or more precisely, the borrower is insured in the event of disability, then the insurance company will undertake further repayment of the loan in the event of disability or another insured event. If there is no insurance, then the most that a person facing serious health problems can count on is a loan restructuring on more favorable terms. For example, the lending period may be extended - then the final overpayment will increase, but the amount of monthly payments will be reduced.

Possible reasons for delay

You can’t just come to the bank and ask to change the payment date. Or declare that you will not pay the loan for a certain period. In order to obtain a deferment of loan payments, you must provide compelling reasons.

In what cases does the bank give this right:

Due to loss of job. Moreover, voluntary dismissal is usually not a compelling argument for the bank to accommodate the client halfway.

Due to going on maternity leave and losing the bulk of my income. In this case, credit holidays can be provided for a long time. At the same time, a delay for pregnancy is not provided - only if there is a sick leave certificate confirming the prescribed bed rest and other conditions under which the woman cannot work until childbirth.

A loan deferment for the birth of a child can also be provided to a male borrower, especially if twins or triplets were born. But you shouldn’t count on a long “vacation” period - a month or two at most. Another issue is paying off the mortgage. According to current legislation, after the birth of a child, the borrower can request a deferment for a whole year. And the bank, at its discretion, can provide it for 2-3 years.

Due to the onset of a serious illness that prevents work. A medical report must be provided.

When moving to another locality.

In case of loss of a breadwinner.

In case of force majeure (loss of property worth a large amount in the event of flooding, inundation, fire, theft, accident, etc.).

If the contract specifies a loan with deferred payment, then everything becomes simpler. It is necessary to clarify with the bank exactly what documents need to be provided and contact the office with them. The bank has no right to refuse you.

The provision of the service may be subject to payment. Be prepared to pay a commission.

By submitting documents to the bank, you receive a new version of the loan agreement.

What are the deferment periods?

Officially, banks state that they can give a deferment for a maximum of 1 year. In fact, partial credit holidays can be provided even for 2 years. For example, this is officially stated on the Sberbank website.

But you should understand that no one will allow you to pay nothing at all for two whole years - you will have to pay interest. The amount of debt will remain unchanged. Essentially, you will pay for the right not to make the amounts indicated in the payment repayment schedule. As a result, the total overpayment on the loan will increase. But often people go for it, realizing that they cannot afford to pay 10,000 rubles a month, but they can easily pay 1,500 rubles without spoiling their credit history or creating problems with the bank.

The bank may agree to defer payment for a year or more if the loan is issued for a sufficiently long period. For example, if we are talking about a mortgage.

More often there is a loan with a deferred payment for 3 months. This is the maximum period during which the client can pay nothing at all. But the reasons for this must be very compelling. For example, a person has been in a serious accident and is in the intensive care unit or intensive care unit.

For 6 months, credit holidays can be provided to those who pay for the treatment of close relatives, have lost their ability to work, have been fired or laid off. The deadlines are considered by the commission in each case individually.

The processing time for an application can take several weeks, so it is worth submitting it as early as possible.

How to get a loan deferment?

To ask the bank for a credit holiday, you must submit a written application. Be sure to take your passport with you. The application describes the reasons that prompted such a request, and documents are attached that can serve as evidence of temporary insolvency.

An application to the bank for a deferred payment on a loan is written either in free form or according to a sample, which can be downloaded on our website. The bank may also give you a writing sample.

Before applying for a deferment, collect the necessary documents. Without them, your application will not be given a positive decision.

Deferment of loan payment is considered by the commission for at least 2 weeks. The client may also be offered other restructuring options, for example, refinancing with an extension of the term of the loan agreement.

By loan

To apply for a credit holiday for consumer loan payments, you must submit an application and documents to the bank office. The longer the loan term, the longer the deferment of payments of the debt principal can be granted (subject to the payment of interest on it).

By credit card

Restructuring of a credit card in the form of a deferment is provided on the same terms and conditions as for a consumer or targeted loan. But in some cases, it can be much more profitable to refinance the card in order to close it once and for all, starting to pay off the debt in equal installments and knowing exactly the date of full repayment of the loan. After all, a credit card is like Pandora's box - a person simultaneously pays off the debt and again pays with it in stores, hoping that he will have time to make the payment during the interest-free period. As a result, by making the minimum payment every month, you will notice that the amount of debt practically does not decrease. So it turns out that you can pay off your credit card debt for more than one year.

Sample application

We offer you an option on how you can write an application for a deferred payment on a loan - a sample taken from the website of one of the largest Russian banks.

The template looks like this:

An application for a loan deferment can also be written in free form. The main thing is to indicate:

Passport details,

The number of the loan agreement that was assigned during lending.

Grounds for requesting restructuring,

Date and signature.

Don't forget to ask for the response to the request for a deferment to be sent to your address. It is the refusal letter from the bank that will become a valid basis for going to court. Also keep a copy of the application - it contains the date when you contacted the bank. It is from this date that the court may oblige the bank to write off accumulated penalties and arrears.

An application for deferment can also be sent to the bank's address. But it’s better to submit it in person, making sure that it is registered under the incoming number by a bank employee.

Is it possible to take a deferment without notifying the bank about it? No, even if the option to revise the payment schedule is provided for in the contract, everything must happen by consent and agreement on both sides.

Deferment through the court if the bank refuses

If the bank refuses to restructure, any borrower has the right to appeal to legal authorities. A sample application to the court can be downloaded from our website.

(downloads: 198)

If you don’t have an example of a ready-made statement before your eyes, you can focus on the following points, which must certainly be there:

Name of the court,

His full address is

Information about you as an applicant,

Document's name,

Grounds for granting delay,

The list of documents that are attached to the application is

New payment schedule,

Date and signature.

The application indicates what exactly will suit the applicant and what restructuring option.

The application must be accompanied by a written refusal of the bank to restructure and documents that may serve as the basis for your application to be granted. In addition to documents, you can submit testimony from witnesses.

What Russian law says that you can go to court with such a problem? The consideration takes place in accordance with Federal Law No. 353 and some other regulations.

To enforce the court decision, the parties will be sent a written notice. A hearing on a loan in court can take place without the participation of the parties, however, it is very advisable for the applicant to attend it as the most interested person.

It is also worth distinguishing between the concepts of “installment (deferment) of payment under a writ of execution.” This is completely different - for example, a bank went to court, and the debtor, according to a court decision, is forced to pay his debt in full. But the debtor understands that he will not immediately find such an amount. And he writes a statement in which he asks for a deferment (that is, permission to pay not immediately, but a little later, but in full) or installments (permission to pay in installments over 1-1.5 years).

You can also comment or ask a question.

What is a loan payment deferment?

In the event of force majeure, the borrower may have a condition in the loan agreement regarding deferment of loan payments.

Banks take this measure in order to attract as many clients as possible. In some cases, a credit institution insures itself and allows a deferred loan payment only to those borrowers who have a guarantor.

But in practice, there are situations when there is no deferment clause in the loan agreement, but the borrower still has problems repaying the loan. How to be in this case?

How to defer loan payments?

As a rule, a credit institution accommodates its clients and provides a deferred loan payment in one of the following ways:

1. Credit holidays. The bank freezes loan payments, including interest, for a certain time. This option is used extremely rarely, since it is not profitable for banks to meet their clients halfway at a loss. As of July 31, 2019, legislation establishes cases in which credit institutions are required to provide holidays in relation to mortgage loans (see “Mortgage holidays”).
2. Debt restructuring. This means increasing the loan repayment period by reducing the monthly payment. The disadvantage of this solution is that the borrower will have to pay more interest.
3. Changing the payment schedule - for example, replacing the monthly payment with a quarterly one.
4. The bank allows you to pay only interest on the loan, while the principal amount is paid later.
5. Use the collateral (if it was available under the agreement) for the purpose of selling it and paying off the loan in whole or in part.

The bank may also refuse to defer loan payments and transfer the borrower’s debt to a collection agency. However, the debtor also has the right to protect his interests not only in the police and prosecutor’s offices, but also in court.

How to get a loan deferment?

Non-payment of a loan can be either unauthorized (the borrower does not deposit the required payment amount into the account) or legal - with the permission of the bank.

As a rule, a credit institution gives 2-5 days to the debtor to pay if he has forgotten about the monthly payment: the citizen is sent an SMS notification inviting him to visit the bank office and make the payment.

As a rule, for a short delay, the debtor only faces a fine or, for example, blocking of a credit card. However, if the loan is not repaid for a longer period, the bank has the right to go to court.

In order to obtain a loan deferment, the debtor needs to come to the bank and explain the reasons why he will temporarily not be able to make monthly loan payments. If necessary, you can submit documents supporting your arguments. The bank, having studied the situation, makes a decision to grant or refuse to grant a deferred payment on the loan.

Some banks provide deferred payment as an additional service that is provided to bona fide borrowers. You can find out about the conditions for receiving it at the bank’s office or on its website. Typically, you must fill out an application and pay a fee. Next, the bank draws up a new payment schedule for the borrower and sends him a corresponding notification.

Application for deferment of loan payment (sample)

In order to receive a deferred payment on a loan, you must write a corresponding application addressed to an authorized person to the credit institution. Some banks have samples of such statements. They are provided to citizens upon their request.

We will consider a situation where you need to draw up an application yourself.

To the Head of OJSC "XXX-Bank"

Zheleznov I. A.

from Egor Dmitrievich Krestov,

residing at:

Don't know your rights?

Moscow, st. Fedina, 1-1

tel. 8 (495) ХХХ-ХХ-ХХ

Statement

I ask you to consider the possibility of deferment under loan agreement No. ___ dated January 12, 2019.

Currently, I am experiencing temporary financial difficulties due to being laid off from my job due to layoffs, divorcing my wife, and paying monthly child support payments.

Please inform me of your decision in writing to the specified address.

Application:

1. A copy of the loan agreement.
2. Court decision to pay alimony.
3. A copy of the work book with a record of the layoff.
4. Other documents that the applicant considers necessary to attach.

The document can be sent by registered mail with notification or taken to the bank by hand. If you hand over the application to bank employees, ask them to put an acceptance mark on your copy.

If the bank does not give a deferment...

The debtor sent an application to the bank for a deferment, and in response he received the following response: “In accordance with the concluded loan agreement, the borrower guarantees timely repayment of the loan and payment of interest and is responsible for the proper fulfillment of obligations under the Agreement with all property belonging to him, for which in the event Failure to repay the loan may result in foreclosure in accordance with the established procedure. The Bank’s practice does not provide for the possibility of providing a deferment on a loan.”

If there is no way out and the citizen cannot make the payment, then the bank, after a certain time, will go to court to claim the money owed to him.

At the court hearing, the debtor presents all documents confirming correspondence with the bank with requests to receive installment plans. Some courts side with the debtor and reduce the amount of the fine.

There is another option - refinancing the loan. Some banks issue a targeted loan - to repay a previously taken loan, but at a lower interest rate. You can take out this loan and pay off the previous loan.

And finally, if the loan agreement was secured by collateral, you can insist that the collateral be sold, and the proceeds from its sale be used to pay the principal and interest on the loan.

The bank, like the debtors, is not interested in accumulating loan debts. Moreover, the costs of litigation and clarifying relationships with clients spoil the reputation of the credit institution. That is why many banks pursue a policy of loyalty to conscientious clients and, if approached accordingly, may well provide a deferred payment on the loan.