I lost my job / ended up in hospital for a long time / was given disability, and now I won’t be able to pay the loan. Is it possible to defer loan payments? What to do?

Unfortunately, current legislation does not provide for the bank’s obligation to provide you with a loan deferment or reduce monthly payment, if you cannot pay due to job loss or long-term sick leave. However, there are some ways to resolve this situation.

The main rule of a loan debtor: do not put off resolving the issue indefinitely. Therefore, immediately begin to act as soon as you realize that you will not be able to make the next payment as scheduled.

Carefully study all the documents that the bank gave you when applying for a loan.

You should be interested in the following points:

• Availability valid insurance on loan(including in case of disability, illness, job loss). If you are insured and the situation you have is an insured event according to the insurance rules issued to you, you need to contact the insurance company so that it can make insurance payment. Payment, as a rule, is of two types - one-time (in case of disability, in which case your loan is repaid by the insurance company in whole or in part) or monthly (for example, if you lose your job, the insurance company pays off the next loan payments for you until you find a new job);
• the possibility of obtaining a deferment on payments or reducing the monthly payment according to the schedule. If such a possibility is specified in the contract, you will need to contact the bank to obtain a deferment. Sometimes it may be called a “credit holiday”.

If there is no insurance or it does not cover your situation, the contract does not say anything about deferment, you can still contact the bank with a request to change the conditions of your loan agreement(this is called “restructuring” or “credit holiday”). You can ask for a reduction in the monthly loan payment, a deferment for a certain period (for example, until recovery), a reduction interest rate for a loan, etc.

The application is submitted in 2 copies, you give one to the bank employee, on 2 you must put a mark of receipt (date, stamp or seal of the bank, full name, position, signature of the person accepting). Be sure to attach to your application copies of documents confirming your problem (work book with a record of dismissal, document on registration with the employment center, sick leave, referral for a medical and social examination to determine disability, etc.).

The bank is not obliged to give you a deferment, but we recommend submitting such an application in any case. On the one hand, the bank can meet you halfway and soften the terms of payment. On the other hand, even if he does not do this and will collect the loan debt from you in court, you will be able to present this statement in court with the bank’s mark and ask on this basis to reduce the amount of accrued penalties for late payments.

If you already have a court decision to collect the loan debt, you have the right to apply to the court to grant you a deferment (this possibility is expressly provided for in Article 434 of the Civil Procedure Code of the Russian Federation). An application for a deferment or installment plan for the execution of a court decision is submitted to the same court that made the decision.

We recommend that you attach your proposed debt repayment schedule to your application (based on your actual monthly income and mandatory expenses), as well as documents justifying the need to provide you with a deferment or installment plan (including income certificates, payment receipts utilities, kindergarten etc.).

P.S. If your issue of loan restructuring is not resolved, you can try to appeal (but only if the matter has not yet reached the court).

There are situations when a person who has a stable income and took out a loan from a bank finds himself in a difficult financial situation. Unable to repay loan obligations on time, the borrower may contact the bank with a request to defer payment. How to do this and what documents you need to provide, read the article.

Is it possible to defer loan payments?

If it is impossible to repay the loan debt, the borrower can count on a loyal attitude from the bank if he applies in time to solve the problem. In this case, the credit institution can apply a number of financial instruments, depending on the complexity of the situation.

It is not profitable for banks to refuse a client’s request to defer payment on a loan. By concluding an additional agreement with the borrower, the bank not only receives the loan funds issued to the client, but sometimes benefits from an increase in interest.

In some situations, banks refuse to allow the borrower to defer loan repayment. For example:

• For clients from .
• Using credit funds less than 3 months.
• To clients, last payment on a loan that matures in 3 months.
• Raising suspicion of fraud (providing false information about the deterioration of their financial situation).
• Employees who voluntarily quit their jobs and lost income.

The bank's decision on deferment for each borrower is made by the credit committee. Depending on the credit policy of the financial institution, the outcome may be positive or negative for the borrower.

Law on deferment of loan payments

In order for the relationship between banks and loan debtors to enter the legal mainstream, the Bankruptcy Law was adopted individuals No. 127-FZ. Its latest edition was published in December 2014. This document facilitated the procedure for declaring an individual bankrupt, and also established the rules for writing off debts and selling the debtor’s property in favor of the bank.

The law provides for the use of loan restructuring procedures by banks and the reduction of severe penalties for the debtor for late payments. In order to count on support from the bank and the state, the debtor should not hide from the credit institution, block phones or change place of residence. You must go to the bank immediately.

For debtors who have been declared bankrupt by the Arbitration Court, the opportunity has become available for partial or complete debt write-off. These loan funds will not need to be returned to the bank. After “forgiveness” of debts, the borrower can start life “from scratch” and use loans again after 5 years. The practice of individuals, which has long been common abroad, is beginning to gain momentum in Russia.

Reasons for deferring loan payments

The following borrowers can apply for a loan deferment:

Each bank has an official or unofficial “white” and “black” list of persons using loans. Borrowers on the “white” list are provided with more lenient debt terms than those on the “black” list. Relationships between parties are most often built on trust.

If the debtor and creditor have not found a way out of the current situation, then the only solution will be bankruptcy of the borrower. In this case, it is unknown who will win more - the bank or the client.

Conditions for deferred loan payment

Depending on size credit debt and financial capabilities of the borrower, the bank can offer the debtor the following types deferments:

To confirm the repayment of the loan at the end of the holidays, the bank may require the provision of documents. For example:

• a certificate from a medical institution in case of illness;
• a certificate from your place of employment granting parental leave for up to 1.5 years;
• documents confirming material damage to the borrower as a result of fire, flood, theft, etc.;
• work book with a record of dismissal;
• other documents.

Sometimes it is necessary to involve the borrower's guarantors. They act as guarantors of the agreement.

How to get a deferred payment on a loan

The borrower contacts the credit institution with a written application and the necessary documents.

Obtaining a bank decision on deferment of loan payments. If this clause is specified in the loan agreement, then the decision is made in accordance with these standards.

If there is no such clause, then the bank considers each case individually. Most banks immediately offer the client to use standard debt restructuring methods.

Fulfillment by the debtor of the conditions proposed by the bank. An agreement on loan restructuring is signed between the parties.

Contacting a credit institution to solve the problem of loan repayment is an opportunity to maintain a positive credit history. Avoiding cooperation with the bank entails material and moral costs.

Mortgage loan payment deferment

– the process is long. Over the decades that borrowers pay for this type of loan, anything can happen. If situations arise that make it impossible to repay the loan, you need to notify the bank. To do this you need:

• Write and hand over to bank employees a statement about the reasons for not repaying the mortgage.
• Attach Required documents.
• Receive written confirmation from the bank that the application has been accepted.
• Wait for the bank's decision regarding debt repayment.

The bank can offer the following solutions to the problem:

• Restructuring.
• Deferment and installment payments.

Restructuring implies:

• extension of the loan term;
• deferment of payments;
• reduction in mortgage interest.

Refinancing is taking out another loan or borrowing to pay off a mortgage.

Deferment is a credit holiday of three types (described above).

Installment plans involve reducing the payment amount for a certain period to the minimum required by the borrower.

If the borrower’s financial difficulties are temporary, then the methods listed will help get through the difficult time. If long-term financial insolvency is planned, then there may be talk of selling the mortgaged property.

Deferment of loan payments for those on maternity leave

The procedure for obtaining a credit deferment for women on maternity leave is similar to the procedure for obtaining a deferment for ordinary borrowers. The size of the maternity benefit, as well as child care benefits up to 1.5 years old, does not always allow the payment of loan obligations assumed by the borrower during the period of receiving a high salary.

It is not possible to completely freeze the loan. The solution may be to reduce interest rates and pay in installments. To receive them, you must write an application and submit it for consideration by the credit committee. If the bank refuses to accept the conditions of a non-working mother with a child in her arms, then she can file a claim in court. In this case, the help of a qualified lawyer will not hurt.

Deferment of loan payment upon birth of a child

With the birth of a child, a young mother has many additional worries, including problems with financial support. For single mothers, this issue is especially acute. If during the period of working life a woman could provide for herself and pay off loan obligations, then after the birth of a child there is no place to expect financial help.

To keep your credit history unblemished and not incur penalties, you should find time and contact the bank for debt restructuring. Large financial organizations, who value their reputation, always meet their clients halfway. and small banks are reluctant to make concessions to the client.

In any case, you must contact the bank in writing with a request to reduce the interest rate on the loan or to increase the term of the loan agreement. The refusal must also be received in writing. If the bank sued the borrower and won the case, then, in accordance with Articles 203 and 208 of the Code of Civil Procedure, it is possible to change the method and procedure for executing the decision on the counterclaim.

• If the loan is issued, then its amount can be used to repay the debt in the event of financial insolvency of the borrower.
• If the bank refuses to provide an installment plan for repaying the loan, the borrower can go to court to obtain an installment plan (Article 434 of the Code of Civil Procedure of the Russian Federation).
• The borrower can seek financial help to obtain a deferred payment on the loan if the bank does not make any decisions on the application.

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 lending conditions are enshrined in legislation, in particular in 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 into maternity leave- and took a deferment on the repayment of 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 funds expires. credit holidays. 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 further repayment of the loan in the event of disability or other insured event will take over Insurance Company. 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 that 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 on payments consumer loan 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 full repayment loan After all 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, introducing minimum payment every month, you can 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: 175)

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 plan (deferment) of payment 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).

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