Eastern Bank does not pay. When the bank sues the debtor on the loan

1. Today I received an SMS message stating that funds were collected from my account at Sberbank Express-credit LLC in accordance with the court order of MS SU No. 2 of the Ivolginsky district of the Republic of Buryatia, although there is no information on this case at all on their website: http://ivolg2 .bur.msudrf.ru/modules.php?name=sud_delo&op=hl , although my case is missing on the site when searching from 09/02/2019 and there is no information at all. Previously, there were no SMS and calls and so on about a subpoena for a hearing. When I log into the Sberbank-Online application, one of my cards has a "seizure or penalty" icon. The amount of 4225.40 rubles was recovered. The balance of the debt is 22472.64 rubles. Base: court order No. 2-2570/2019 of 09/02/2019. The amount of 1306 rubles remained on the account. Now I don’t know how to reach the salary in the middle of the month with this amount, I have small children and my wife is on maternity leave. When I called Express Credit, they answered that they were a collection agency and that they were collecting overdue debts and that I had a debt from Eastern Express Bank in 2014. There was a debt, I paid it little by little, although I did not fully pay it due to financial insolvency that year. What to do and how to act? Thanks a lot.

Lawyer Boldyrev R. I., 4004 responses, 2254 reviews, online since 07/26/2017
1.1. Hello!
You need to file a petition with the court to restore the time limit and an objection to cancel the court order.

2. I took a car loan from Uniastrum Bank 480 thousand, then paid for 2 years, then it was not possible. In 2016, they sued for the recovery of the car (a debt of 540 thousand). Nobody warned me about the trial. The court decision was in favor of Uniastrum Bank. Now bailiffs are in debt. There has been silence all these years. Uniastrum Bank went bankrupt and recently they started calling me from the Eastern Express bank, like they have my debt and I owe them 880 thousand already. I saw in my credit history that they bought the debt in 2017. I went to the bailiff, she said send them to me and do not pay attention, do not take the tube. The bailiffs want to put the car up for auction. I have already contributed 67 thousand to them, but they said that they would still send it for sale. And with the Orient Express, how can I not pay attention when it comes to such an amount. For all my words, they say they don’t care about the court decision, it does not apply to them and they have the right to charge interest. Please help how to be. It’s a pity to tears, but I already agree to give the car away, but how to solve problems with a new bank? They didn't send any documents and I didn't sign anything.

Lawyer Kaledin V. S., 9 responses, 3 reviews, online since 31.10.2019
2.1. Elena, good afternoon! If Eastern Bank is the successor of Unistream Bank, then you need to write an application to Eastern Bank so that they provide documents that they have the right to demand a loan debt from you. If they tell you, write a statement to the prosecutor's office.
If the court has passed, then according to the law, the bank no longer searches for debt from you, but to collect bailiffs, and the accrual of interest and penalties is also suspended, because. according to your question loan agreement was terminated and the bank foreclosed on the car. Orient Express Bank has no right to collect money from you. But still, you need to get acquainted with the decision of the court in order to give you a full consultation on your issue.

Lawyer Kolchev A. K., 70 responses, 24 reviews, online since 10/11/2019
2.2. Have you considered bankruptcy? No matter how good the car is through the bailiffs, it will not go expensive (unfortunately), and your debt will remain hanging.

If, humanly and not entirely legally, I’ll tell you: “wind off” the car, then purchase it through the auctions of attorneys (through acquaintances), restore and sell it.
Naturally transfer the car without keys, TCP, plastic.

Lawyer Soldat S. V., 3997 responses, 2687 reviews, online since 01/22/2018
2.3. Hello, Elena! The decision of the court can be reversed. More details in my article "How to cancel the court decision in the case of debt collection under a loan agreement"

3. A loan in the Eastern Bank from 05/02/2014 to 05/02/2017. The loan was paid non-systemically, with the formation of delays. The bank sued for the amount of the principal debt and accrued interest, indicating the formation period from April 3, 2015 to December 8, 2016. The amount awarded by the court, paid in full. At the moment, when contacting the bank, it turned out that there was a debt on
- total arrears on the loan - 0
- penalties/fines - 0
- interest on an overdue loan - 78164.84
How to act in this situation:
- pay the bank again by making a new payment schedule
- wait for the bank's lawsuit in court, it is possible to reduce the amount charged
- file a lawsuit to terminate the loan agreement, reduce debt?
How to stop the growth of interest on an overdue loan and is it possible to write off these interest at all? Thank you!

Lawyer Emelianenko N. Yu., 1061 responses, 553 reviews, online since 02.11.2016
3.1. Good afternoon You need to terminate this agreement. If the bank does not accept the application, then through the court.

4. I took a credit card from PJSC CB VOSTochny on 07/16/2018, I made the last payment on 02/10/2019, after which I stopped paying! There is already a collection from my accounts in their favor, but today the amount of debt in mobile application increases. To my question, the bank employee replied that the credit card does not have an expiration date and they will regularly file claims with a larger amount until I get back on the payment schedule! The validity period is specified in the agreement: Loan repayment period - on demand; The term of the credit limit is during the term of the agreement. How legitimate is this?

Lawyer Sliva E. O., 34 responses, 20 reviews, online since 10/22/2019
4.1. If the Bank demanded to recover from you the amount of the debt under credit card, taking into account interest, then this debt is fixed. And you will have to pay it in a fixed amount.

"How to win a lawsuit against a bank on a loan - a case for 5.6 million rubles."

"How to cancel a court decision in a case on debt collection under a loan agreement"

Also, keep in mind that today there are many ways by which you can legally get rid of credit obligations or at least make it impossible to collect debt under a loan agreement. These include termination of the loan agreement, recognition of the transaction as invalid, challenging the terms of the agreement as contrary to the law (Article 168 of the Civil Code of the Russian Federation), recognition of the transaction as bonded (Clause 3 of Article 179 of the Civil Code of the Russian Federation), bankruptcy of individuals and the termination of enforcement proceedings on the grounds Art. 46 ZF "On enforcement proceedings».

Sincerely, a lawyer in Moscow - Stepanov Vadim Igorevich.

19. I took a loan from an Eastern bank, I took 173,000 together with insurance, 57,000 went to repay a previously taken loan and I received 104,000 loans under an agreement at 23.9%, I paid 4 months at 6,000 each, as a result, today the total debt is 199,000. As well as they they tell me that I will only pay insurance before the end of the year and the main debt will stand still. Although, when lending, they assured me that insurance of 20,000 was already included in the amount of 173,000, but in the end, what happens now I will give them 72,000 in a year and then for another 4 years, 6,000 for the loan itself. I do not agree to these terms. Advise me what to do in this situation, I plan to stop paying altogether, because in this case I will pay through the court only the amount that I took.

19.2. Request written clarification from the bank.

20. Please tell me, this is the situation. I am registered in my mother’s apartment, but I live in another place, today at 8 pm the bailiff came, my mother opened the doors, they began to explain to her that I had a debt to the Eastern Bank in the amount of 161,000 r and I have no more debts, but I look at them website, I have 2 other debts displayed, but this particular debt for which they came is not. Maybe they just didn't add it to the system, or is it not a priest at all? They also said that they make concessions to me, if I pay, then the debt will be much less, not 161,000, but 107,000 rubles. And tell me what they can do to me? What steps should I take if I don't own anything?

Lawyer Kolkovsky Yu.V., 100689 responses, 46982 responses, online since 07/05/2015
20.1. I think that these were collectors, you should not PAY ANYTHING to them.

Sergey Yuny Barmaleikin, 15888 responses, 857 reviews, online since 10/25/2011
20.2. These collectors introduced themselves as bailiffs. Were they in uniform? Badges on chest personal numbers were? Mom saw the documents, that these were bailiffs and numbers and full name. rewrote? This is how criminals are allowed into the house.
The bailiff has the right to describe the property in the residential premises where you are registered or actually live.
If you are not in the FSSP database, then the agenda is fake. Put it on the site or write in a personal message.

24. I am not a client of Eastern Bank. My friend is a client of an eastern bank and gave them my phone number without my consent. Now they are calling me and demanding that I repay the debt. But when he took credit from them, no one called me. Can I sue them in this case? That they get on my nerves.

Lawyer Astsatryan N. V., 41725 responses, 23573 reviews, online since 11/24/2016
24.1. Yes, you can sue.

Lawyer Loshkareva I. V., 5502 responses, 3155 reviews, online since 10/31/2017
24.2. Hello, yes you have the right to sue. All the best to you!

Lawyer Maksimov M.V., 22010 responses, 12939 reviews, online since 09/15/2016
28.2. No way, if they gave consent to the bank for direct debiting of funds. You can try to challenge the write-off in court, but the practice is ambiguous, part 1 of the Civil Code of the Russian Federation, part 3 of the Civil Code of the Russian Federation, part 4 of the Civil Code of the Russian Federation
"Civil Code Russian Federation(part two)" dated 01/26/1996 N 14-FZ (as amended on 07/29/2018, as amended on 07/03/2019) (as amended and supplemented, entered into force on 12/30/2018)
"" Civil Code of the Russian Federation Article 854. Grounds for debiting funds from an account
(as amended by Federal Law No. 212-FZ of July 26, 2017)
(see text in previous "edition")

""1. The debiting of funds from the account is carried out by the bank on the basis of the client's order.
""2. Without the order of the client, the debiting of funds on the account is allowed by a court decision, as well as in cases established by law or provided for by an agreement between the bank and the client.

"Open the full text of the document"

Lawyer Stepanov V.I., 36189 responses, 15922 reviews, online since 10/15/2011
28.3. I advise you to read the forum threads on this issue:

Sincerely, Financial Attorney - Stepanov Vadim Igorevich.

29. How to achieve restructuring at Orient Express Bank. I have already been refused 3 times, even wrote an appeal to the bank. I am in maternity leave. At the time of the loan, the manager said that I had to come in 3 months, and the bank would reduce my payment, and only under these conditions did I take out a loan. Minimum payment I have 8,000 of this money, I pay the main debt of only 1,000, the rest is interest. Now, due to the fact that the bank does not like something, I have a delay in payment. Now, as I understand it, you have to wait until the collectors start calling and threatening, I don’t understand when you want to pay, the bank does not make concessions. After all, there are people who do not pay and are not going to repay loans. And then you just ask to make a smaller payment amount. After all, I will definitely go to work and be able to pay most of it. Tell me what to do? How to proceed?

29.1. Hello! As an option to refinance in another bank.

30. I closed a loan at Oriental Express Bank in December 2018 ahead of schedule. Now, six months later, they put me in debt. I can sue the bank.

Law firm Helios LLC, 12588 responses, 7097 reviews, online since 03/01/2019
30.1. Hello! Yes. grounds exist.

At present, most of the population in Russia receives loans. People who live without loans are less common than those who have debt obligations. The lender may also eastern bank.

Often, these are loans for various needs of the population and the amount of the loan taken varies from the desire and needs of the borrower. The main thing for the borrower is to get a loan, and what methods and means he will repay it later, the borrower thinks about this last.

After all, it always seems that “now I can give a certain amount from my salary, and then, when the time comes, I’ll think about it”

There are so-called conscientious borrowers who are responsible for their loan obligations.

And there are unscrupulous ones who first repaid the loan on time and in the required amount, and then stopped fulfilling their obligations due to various unforeseen circumstances and understand all the consequences of non-payment.

Or those who were not going to repay the loan, believing that in this way they are punishing the eastern bank or they don’t think at all in principle, because they don’t care about the loan they once took and they don’t consider themselves responsible to anyone and don’t know about the consequences think.

So, let's consider several legal ways of how not to pay a loan to an Eastern bank.

Repayment of existing debt under a loan agreement drawn up in credit institution Eastern Bank or several loans taken from one or more banks by issuing a new loan from a bank with a loan rate lower than the rate for one or more existing loans.

Free legal advice on CREDIT DEBT!
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These conditions are suitable for those borrowers who repay the loan on time and in the amount required according to the schedule, and obtaining a new loan will allow the borrower to reduce the debt burden both while maintaining the loan repayment period and extending the loan repayment period.

It all depends on the desire and ability of the borrower.

This method is very convenient for borrowers and allows you to reduce the debt burden, as well as pay off unfavorable loans for the borrower. Recently, in light of the reduction of interest rates on loans by credit organizations, this option is most relevant for borrowers.

Insured event on a loan Eastern Bank

Almost all credit organizations, when issuing a loan and concluding a loan agreement, draw up an insurance policy for borrowers, and Eastern Bank is no exception.

The main insured events for borrowers, as a rule, are:

job loss due to downsizing or liquidation of the organization,
loss of health (disability), accident.

On the onset insured event the borrower has the right to apply to the insurance company for obtaining insurance compensation. At the same time, the borrower provides the insurance company with a set of documents so that the insurance company can make a decision on the payment of insurance compensation.

Insurance compensation is paid either to the borrower himself or directly to the credit institution, depending on the beneficiary appointed by the borrower under the loan agreement.

Free legal advice on CREDIT DEBT!
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Of course, at first glance, many are trying to “shrug off” insurance and may even agree to an increased interest rate on a loan, just not to draw up an insurance policy (because of this, the amount of the loan received by the borrower in hand may decrease).

But, unfortunately, none of the borrowers think about possible consequences that can occur regardless of the behavior of the borrower. because in the event of financial difficulties and the absence of insurance policy, for the borrower, no one will solve his problems with paying off the loan.

Thus, it is beneficial for the borrower to take out an insurance policy when issuing a loan from an Eastern Bank organization, and in the event of an insured event, the borrower does not face financial difficulties.

Restructuring the debt of the borrower (deferred payment)

This is an opportunity to reduce the debt burden on a loan issued by the Eastern Bank for a certain period of time.

There are different ways to restructure:

reducing the amount of the loan payment by extending the term of the loan,
reducing the amount of the loan payment by repaying only the interest on the loan and postponing their payment on the last day of the term of the loan agreement,
deferral (installment plan) of repayment of the loan payment for a later term of the loan agreement,
deferral (installment plan) of repayment of overdue loans,
suspension of the accrual of fines on the loan,
otherwise.

Restructuring of debt on a loan is possible only if the borrower encounters material difficulties in repaying the loan

At the same time, in order for the credit institution to be able to restructure the loan, the borrower needs to prepare full package documents confirming his difficult financial situation, as well as the borrower must meet certain requirements (conditions) that are established by the credit institution for a possible loan restructuring. The borrower's application for loan restructuring alone is not enough.

"Credit Holidays" Eastern Bank

some credit institutions, including the Eastern Bank, provide borrowers with so-called " credit holidays". The borrower, upon the occurrence of certain circumstances, or simply if desired, may not make the next payment on the loan.

To receive such a service, the borrower needs to deposit a certain amount (as a rule, the amount is insignificant) to the account of the credit institution before the date of the next payment and not make the next payment on the loan.

At the same time, this loan payment can be made either on the last day of the term of the loan agreement, or the term of the loan agreement can be extended by this particular payment (depending on the lending conditions established by the credit institution).

Bankruptcy of an individual

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If the borrower has a very difficult financial situation, the latter may initiate bankruptcy proceedings.

Bankruptcy is possible under the following circumstances:

the debt of the borrower is over 500,000 rubles,
overdue loans for more than 3 months.

When initiating bankruptcy proceedings, a citizen must assess all the circumstances and consequences that this may lead to. So:

the procedure is quite expensive, since it will be necessary to pay for the services of a financial manager, and the debtor will also have to provide a security deposit on a certain account for procedural expenses;
property is assessed by a financial manager, and all debts are repaid through the sale of valuable things;
the financial manager within 3 years has the right to invalidate any transaction involving money, carried out by a citizen declared bankrupt;
– all expenses of the debtor are under the control of the financial manager;
- other.
After the completion of the bankruptcy procedure, all debts that the borrower had to creditors are considered repaid.

Limitation period for a loan Eastern Bank

1. Today I received an SMS message stating that funds were collected from my account at Sberbank Express-credit LLC in accordance with the court order of MS SU No. 2 of the Ivolginsky district of the Republic of Buryatia, although there is no information on this case at all on their website: http://ivolg2 .bur.msudrf.ru/modules.php?name=sud_delo&op=hl , although my case is missing on the site when searching from 09/02/2019 and there is no information at all. Previously, there were no SMS and calls and so on about a subpoena for a hearing. When I log into the Sberbank-Online application, one of my cards has a "seizure or penalty" icon. The amount of 4225.40 rubles was recovered. The balance of the debt is 22472.64 rubles. Reason: court order No. 2-2570/2019 of 09/02/2019. The amount of 1306 rubles remained on the account. Now I don’t know how to reach the salary in the middle of the month with this amount, I have small children and my wife is on maternity leave. When I called Express Credit, they answered that they were a collection agency and that they were collecting overdue debts and that I had a debt from Eastern Express Bank in 2014. There was a debt, I paid it little by little, although I did not fully pay it due to financial insolvency that year. What to do and how to act? Thanks a lot.

2. Please, the husband took a loan from the Oriental Express Bank on August 14, 2018, for 3 years, paid it off ahead of schedule for 10 months on June 14, 2019, the bank sent a notice of overdue debt of 20,000 and notifies that the total debt is 150,000, he went to the bank and was told that the contract life and health insurance is included in the loan agreement and he owes the main part for insurance, yesterday he wrote an application for termination of the insurance agreement, but the debt will still have to be paid, he was initially imposed life insurance and was not warned that he needed to terminate the agreement double deception, husband since May the unemployed is on the stock exchange, we have to pay the bank in this situation, as I understand it, life insurance should be valid during the lending period but not after it early repayment, thanks in advance for your reply.

Lawyer Soldat S. V., 3997 responses, 2687 reviews, online since 01/22/2018
2.1. Hello Olga! For a detailed consultation, it is necessary to study the loan agreement and the insurance agreement.

Lawyer Uvarova S. I., 380 responses, 231 reviews, online since 09/01/2019
2.2. Olga, good afternoon! If you have insurance in Vostochny, which is included in the "Standard" package, then I think it's worth fighting for. Read the article that I posted yesterday in my publications, it is called " Virtual card"Vostochny Bank". If you have the same loan, then I seem to understand what needs to be done. Although, of course, without seeing the documents it is difficult to say anything.

3. Sergey 18:15
Hello. I ask you for help on how to properly terminate the contract and return the funds for the imposed services.
05/16/2019, my mother is a pensioner Mironova Galina Nikolaevna, passport of the Russian Federation 0708 No. 079312, issued by the DEPARTMENT OF THE FMS OF RUSSIA FOR THE STAVROPOL REGION IN BLAGODARNENSKY DISTRICT, JUNE 27, 2008, registration address: Stavropol Territory, Blagodarnensky District with. Alexandria house 90 applied to your bank to obtain a loan agreement No. 19/1056/00000/100834 dated 05/16/2019, where an employee of the bank Radchenko Anna Sergeevna misled Mironova G.N., explaining in a distorted form that the issuance of a loan without insurance impossible. Thus, forcing you to sign a package of insurance services under the Super Protection program with registration bank card without a material carrier. Although not a single document of PJSC "East Express Bank" stipulates the condition for issuing a loan only with insurance. Insurance is an additional service and imposing it on a client is unacceptable. Moreover, the fee for issuing a card (which amounted to 65,000 rubles) is not provided for by the current legislation! That is, the bank grossly violated the provision of Article 16 of the Law of the Russian Federation “On the Protection of Consumer Rights”, which expressly prohibits establishing for consumers the conditionality of the purchase of one product (service) on the obligatory purchase of other goods (services). Infringed on the rights as a borrower - individual. After completing and signing the documents, it was discovered that, having abused trust in violation of Article 159 of the Criminal Code of the Russian Federation, the Federal Law “On consumer credit” Article 5, paragraph 7, the manager imposed life and disability insurance on loan borrowers and cardholders.

Lawyer Markov S. V., 554 responses, 336 reviews, online since 07/16/2019
3.1. Write an application for termination of the insurance contract, in case of refusal to terminate, apply to the court to terminate the contract and recover funds on the basis of the Consumer Protection Law.

Lawyer Abrosova I.V., 2989 responses, 2004 reviews, online since 09/12/2017
3.2. Sergey, unfortunately, the deadline for filing an application for termination of the contract has expired. You can terminate it at the moment, but cash will not be returned to you.

4. Please, yesterday we took out a loan from the Eastern Express Bank, paid insurance for 10,000. No credit needed. Today we returned it to the bank, one day later. The bank wrote an application for the return of insurance, but for some reason the bank manager divided the application for insurance 5000 for Metlife and the second 5000 for Orient Express Bank. 5 minutes after the application, an SMS came that we did not pay any insurance to the bank. For the fact that we received 10,000 less, we have a check. How to proceed and where to apply? There is an insurance contract, but only with Metlife. How to proceed? The Central Bank said that if we did not conclude an agreement with the manager of Metlife, then this insurance company does not owe us anything, on the Metlife website there is a sample application in which there is also a column for the signature of the manager of the insurance company, but did the bank employee sign the contract? So get a written refusal from the bank and sue for fraud? Today we have the third day out of 14 under the law. Today we wrote a second application to the bank for a refund. What else to do so as not to lose days?

Lawyer Kashapov R.Z., 12573 responses, 6628 reviews, online since May 28, 2014
4.1. Good afternoon
The fourteen-day period, in my opinion, is not applicable, in the sense that the consumer has the right to refuse the service at any time. Write an application for cancellation of the insurance contract to both the bank and Metlife.

Law of the Russian Federation of February 7, 1992 N 2300-1 "On Protection of Consumer Rights"
Article 32

The consumer has the right to refuse to execute the contract for the performance of work (provision of services) at any time, subject to payment to the contractor of the expenses actually incurred by him related to the fulfillment of obligations under this contract.

If you ask for help from lawyers, then cut down on your nose for the future that you need to lay out the texts of decisions, court rulings, and not retell them in your own language, is this what you can understand from the phrase "could not cancel the decision"? She became blind, her hand withered, was she poisoned or what?

Attorney Cherednichenko V.A., 193269 responses, 73802 reviews, online since 05/12/2015
28.3. Only a court can grant an installment or deferment. The judge didn't move towards you. If she did, she would have canceled the court order.

29. I want to turn to you for advice, please look from a professional point of view, are there any pitfalls that can then become a heavy burden for me. I'm going to take out a mortgage... 123060, Moscow, 1st Volokolamsky proezd, 10, building 1 (hereinafter referred to as the Agent), JSCB "Absolut Bank"
(PJSC), address 127051, Moscow, Tsvetnoy Boulevard, 18; JSC "Bank ZhilFinance", address 123001, St.
Moscow, st. Spiridonovka, d. 27/24; JSCB "RUSSIAN CAPITAL" (JSC), address: 121069, Moscow, st. Bolshaya Molchanovka, 21 a; JSC CB DeltaCredit, address 125009, Moscow, st. Vozdvizhenka, 4/7, building 2; PJSC JSCB Metallinvestbank, address
119180, Moscow, st. Bolshaya Polyanka, 47, building 2; JSC "SMP Bank", address 115035, Moscow, st.
Sadovnicheskaya d. 71, building 11.; AO UniCredit Bank, address 119034, Moscow, Prechistenskaya nab., d.
9.; PJSC "Vostochny Express Bank", address 675000, Amur Region, Blagoveshchensk, per. Saint.
Innokentiya, d. 1 (hereinafter - Banks), JSC "DOM. RF, address 125009, Moscow, st. Vozdvizhenka, 10;
PJSC ROSBANK, address 107078, Moscow, st. Masha Poryvaeva, 34; SOCIETE GENERAL LLC
Life insurance”, address 105064, Moscow, st. Zemlyanoy Val, 9; SOCIETE GENERAL LLC
Insurance”, address 105064, Moscow, st. Zemlyanoy Val, 9, Rusfinance Bank LLC, address 443013,
Samara region, Samara, st. Chernorechenskaya, 42 A; Tinkoff Insurance JSC, address
127287, Moscow, st. Khutorskaya 2nd, 38 A, bldg. 26 (hereinafter jointly - the Partners) have the right to check by any legal means the information contained in the Application-Questionnaire (s) for mortgage(hereinafter referred to as the Loan), and the original Application-Questionnaire and copies of the documents provided to the Banks will be kept by the Agent, unless otherwise provided by the agreement (agreement) between.
Agent and Banks, even if the Application Form is rejected. I agree that the Application-Questionnaire is formed by the Agent and submitted to the Banks. At the same time, the Application-Questionnaire includes all the information and information provided by me when filling out an online application for a Credit in an authorized personal account on the site www.tinkoff.ru, including, but not limited to,
"information about the surname, name, patronymic, gender, date and place of birth",
"passport data", "data on TIN and SNILS", "information on attitude to military duty", "contact data", "information on family composition", "information on education",
"data on employment", "information on income and expenses", "information on property and liabilities", "information on the following facts and circumstances: participation in litigation, registration with a psychiatrist and narcologist, the presence of unfulfilled judgments, attributing to a foreign or Russian public official or persons related to them, attributing to a US taxpayer, the existence of a bankruptcy procedure introduced earlier, criminal liability, the presence of restrictions on the conclusion of a loan agreement, the presence of beneficiaries, beneficial owners, participation in legal entities, the presence of tax debts". I confirm that the information contained in this.
Application-Questionnaire are true and accurate as of the date indicated below, and I undertake to immediately notify the Agent and the Banks in case of changes in the specified information, as well as any circumstances that could affect the fulfillment by me or the Banks of obligations under.
A loan that can be granted on the basis of an Application-Questionnaire.
In order to verify the information provided by me to the Banks to determine my solvency and the Bank's decision to conclude an agreement with me, I give my consent.
To provide banks: PJSC "VympelCom" (Moscow, st. Eighth March, 10 building 14), PJSC
"Megafon" (Moscow, Kadashevskaya embankment, 30), PJSC "MTS" (109147, Moscow, st.
Marksistskaya, 4), T 2 Mobile LLC (Moscow, Leningradskoe shosse, 39 A, building 1), Mail LLC. RU
(Moscow, Leningradsky Prospekt 39, p. 79) (hereinafter referred to as the Counterparties) information about me, namely: last name, first name, patronymic, date of birth, my addresses (including place of residence / registration, place of work), subscriber numbers; and I also give my consent to: automated and non-automated processing by the Counterparties of information about me specified above, as well as available from Banks and Counterparties), about connections, traffic and my payments under the agreements concluded with.
Contractors, as well as other information that allows me to be identified as a subscriber (hereinafter referred to as Subscriber Information), by: collecting, recording, systematizing, accumulating, storing, clarifying (updating, changing), extracting, using, transferring
(distribution, provision, access), depersonalization, blocking, deletion, destruction of personal data, as well as the provision by Counterparties to Banks of Subscriber Information (except for information constituting a communication secret). By this consent, I guarantee that the subscriber numbers, information about which I have provided to the Banks, belong to me.
I give my consent to the Agent, Banks and Partners to provide information to the extent, in the manner and under the conditions specified federal law“On credit histories” No. 218-FZ dated December 30, 2004, to all bureaus credit histories included in State Register credit history bureaus, as well as to receive information from the aforementioned bureaus in order to conclude a mortgage loan agreement.
I give my consent to the Agent, Banks and Partners for the processing (including collection, systematization, accumulation, storage, clarification (updating, changing), use, distribution, depersonalization, blocking, destruction) of all my personal data specified in.
Application-Questionnaire, including by third parties, including cross-border transfer, as well as the above-mentioned processing of my other personal data obtained as a result of their processing, for the following purposes:
∙ in order for the Banks/partners of the Bank and (or) the Agent/partners of the Agent to make a decision on the conclusion of a civil law agreement(s);
∙ for the purpose of checking my passport data, the history of changes in passport data and registration addresses;
∙ to obtain information about my credit score;
∙ to provide information to organizations, including subsidiaries
(enterprises) of the Bank, affiliated and other persons related to the Banks, shareholders, members of the management bodies authorized (by virtue of law, contract or in any other way) to conduct inspections and / or analyze the activities of the Banks, as well as to exercise other forms of control over the activities Banks, for the purposes of their implementation of the specified actions;
∙ for the purpose of informing me by the Banks/Agents/partners of the Banks and (or) the Agent about their banking services and products related to the acquisition of real estate on credit;
∙ for the purpose of conducting marketing research on the banking services market;
∙ for the purpose of carrying out work to automate the activities of Banks, as well as work on maintenance of automation equipment;
∙ for the purpose of insuring my life/health/property and other insurance carried out with the assistance of the Banks or in favor of the Banks and/or in connection with the conclusion of transactions between me and.
Banks;
∙ in order to notify the Agent via an electronic secure communication channel, as well as me by sending an SMS message about decision granting a Credit or refusing to grant a Credit;
∙ in order to inform me by the Agent about the decision of the Banks on my loan application.
At the same time, my personal data means any information and information on paper and/or electronic media that have been or will be transferred to the Banks by me personally or received
(receive) the Banks in a different way for the conclusion of a civil law (s) agreement (s) between me and the Banks. Public disclosure by the Bank of my personal data in the media, placement in information and telecommunication networks is not allowed.
The specified consent is given for a period of thirty-five years and may be revoked by written application. In the event of withdrawal of consent, the processing of my personal data must be terminated.
Agent, Banks, Partners and/or third parties within a month from the date of receipt by the Agent,
Bank and (or) Partners of the relevant notice, except as specified in Art.
Federal Law "On Personal Data" No. 152-FZ of July 27, 2006
I hereby instruct the Banks and the Agent to receive on my behalf and process the information contained in an individual personal account with the Pension Fund of the Russian Federation, based on my application for registration in the information exchange system pension fund Russian Federation, my application for sending the information contained in the individual personal account in electronic form.
I hereby confirm that I am familiar with the current tariffs of the Banks at the time of signing this Application-Questionnaire. I also know that a loan can be issued to me even in the absence of a life insurance contract and the risk of disability, but in this case, a higher interest rate is charged on the loan.
I agree to receive advertising and (or) mailings, including via the mobile radiotelephone network from the Agent, Banks, Partners and (or) their counterparties. I hereby give my consent to the Bank, Agent and Partners to record telephone conversations with me, as well as with other persons indicated by me in this Application-Questionnaire, made in order to improve the quality of service, without additional notice.
I give my consent to the Banks to transfer all available information about myself related to the concepts of "bank secrecy" and "personal data", as well as to transfer the right (claim) under the loan agreement to third parties, including those who do not have a license for the right to carry out banking activities.
I declare that I am fully aware that:
1. Banks provide Credit on the principles of repayment, payment and security, i.e. The loan must be repaid by me within the terms established by the mortgage loan agreement; for use.
With a loan I pay interest to the Banks; my obligations are secured by my personal, incl. property acquired on credit.
2. If I am unable to make payments or fulfill any of the requirements stipulated in the mortgage loan agreement that may be concluded with me by the Banks in the future, the Banks have the right to demand early repayment of the Loan and payment of accrued interest. In this case, it may be necessary to sell (sale) the real estate pledged by me under the Loan and / or other property belonging to me, as well as property rights belonging to me. As a result of the sale of real estate, I and my family members may be evicted from the housing mortgaged under the Loan, in connection with which I undertake to provide the Bank with information about other residential premises suitable for permanent residence for me and my family members.
I acknowledge and agree that:
1. The loan, for which this Application Form is being submitted, is provided on the security of the existing or acquired on loan funds residential real estate;
2. pledged Residential Properties will not be used for purposes prohibited by the current legislation of the Russian Federation;
3. all information contained in this Application-Questionnaire, as well as all documents requested by the Banks, are submitted solely for obtaining a Loan, however, the Banks reserve the right to use them as evidence in court proceedings;
4. in accordance with the current legislation of the Russian Federation, the rights of claim under the Loan may be assigned and / or pledged both to the assignees of the Banks, or to another bank or other organization without obtaining my approval of this transaction, with subsequent notification of me of this fact, or management of the rights of claim under a mortgage loan agreement (performing the functions of accepting payments on account of the payment of the Loan and transferring them to repay the debt on the Loan and monitoring the fulfillment of my obligations under the mortgage loan agreement (based on a contract for servicing the rights of claims under the Loan or trust management) may be transferred to the agent, successors of the Banks with notification of this fact to me.
5. Banks have the right to provide all information relating to me as a Borrower /
Co-borrower/Party to the prenuptial agreement provided by me as part of this Application Form and subsequently to investors involved in housing financing mortgage lending Banks, to control the process of issuing and servicing the mortgage loan provided to me; an insurance company that insures my life and mortgaged property; as well as any credit organization in which I have/may open bank accounts used to repay the Loan and/or replenish my accounts with the Bank and/or provide the Loan.
6. The Agent, Banks, and assigns do not make any representations and do not give me any express or implied warranties regarding: the acquired and alienated apartment, its condition or value; final terms of the loan. Acceptance by the Banks of this Application-Questionnaire for consideration, as well as my possible costs for processing the necessary to receive.
Loan of documents, for examinations, etc. are not an obligation of the Banks to provide a Credit or reimburse the expenses incurred by me;
7. all costs, duties and overhead costs associated with the provision of the Credit shall be borne by me;
8. Prior to concluding a mortgage loan agreement, the Bank has the right to change the terms of provision.
Loan in accordance with the parameters/programs in force on the date of signing the mortgage loan agreement;
9. I am aware of the possible risks involved in granting me a long-term loan.
Loan in US dollars and associated with possible changes in the exchange rate of the US dollar against the Russian ruble;
10. If, within one year, the total amount of payments for all obligations under loan agreements, loan agreements, including payments on the provided Credit, that I have as of the date of applying to the Agent / to the Bank for the provision of the Credit, will exceed fifty percent of my annual income, then there is a risk my failure to fulfill my obligations under the mortgage loan agreement and the application of penalties;
11. The agent and the Banks provided me with all the necessary and sufficient information about the conditions of mortgage programs, tariffs, as well as the possibility and procedure for choosing any insurance company that meets the requirements of the Banks. Insurance Company and the list of risks to be insured are chosen/determined by me independently and meet my interests.
The documents that must be provided by me in order to obtain a Loan can be provided to the Banks by the Agent.
The information provided by me in this Application-Questionnaire is reliable. I am fully aware that my provision of false and misleading information about myself may result in the denial of a loan, the requirement of Banks for an early repayment of the loan (if it has already been granted), as well as prosecution in accordance with the current legislation of the Russian Federation Federation. I do not object to checking and re-checking at any time by the Banks or the Agent of all information contained in the Application-Questionnaire. Acceptance for consideration of my Application-Questionnaire does not mean that the Banks have obligations to provide a loan. In the event of a negative decision, the Banks/Agent are not obliged to return this Application Form to me and tell me the reasons for the refusal. Evasion from the fulfillment of the obligations stipulated by the loan agreement entails civil and criminal liability (Article 177 of the Criminal Code of the Russian Federation). When performing banking and other operations, I act on my own behalf and for my own benefit; in case of taking actions for the benefit and on behalf of other persons, I undertake to immediately provide in writing to the Bank information about these persons in the amount and form specified by the Bank.

Lawyer Voronchikhin D. A., 7230 responses, 4632 reviews, online since 11/14/2018
29.1. Analysis of documents and contracts payable service, no one will just sit and read this for half an hour and describe the risks to you. This service is not so expensive, check 700 rubles will come out of the force, if you do not want to risk not such a huge amount. If it is a pity even to spend such money, hope for good luck.

30. Yesterday, at the presentation seminar, the miracle of the massage cape fell into a trick and purchased this equipment on credit taken from the Orient Express Bank. Can I return the entire product and cancel the credit agreement?

Lawyer Sokolova A. V., 1687 responses, 1017 reviews, online since 02/26/2019
30.1. You can, but you have to act very quickly. It is very important whether the bank transferred the money to the seller.

What to do when there is absolutely nothing to pay with the bank? You have a loan hanging on you, but you don’t have any money left due to force majeure? What consequences await the debtors of Sberbank, Orient Express, Tinkoff Bank?

In fact, all financial institutions have exactly the same scheme of working with debtors. Therefore, in this matter, the primary role is played not by which bank you issued the ill-fated loan, but by how you will behave with bank employees, collectors, and possibly the court.

This can happen to anyone. You took out a loan, being confident in your work and salary, but then something went wrong - and now you no longer have money to pay off the loan. It is impossible to get job loss insurance from banks, since it is extremely unprofitable for them. So, you are without money, a loan (or even several) is hanging on you, and collectors and banks are pressing from all sides with demands to pay. What to do?

First of all, don't panic. No need to spoil your nerves and be afraid of every call. Understand for yourself - collectors and banks use everything possible ways to force you to return the money. Some particularly unscrupulous collection agencies use threats as one of these methods. However, this is nothing more than psychological pressure to get money from you. Let's find out together what the non-payment of loan debts actually threatens.

A little about the percentage of no return

All banks are well aware that 100% of loans issued will not be repaid. Therefore, they set a certain percentage of non-return for themselves, which, as a rule, is about 3%. This implies that approximately 3% of the amount of all loans issued by the bank will not be paid, and the financial institution takes this into account in its financial statements. However, this does not mean that the bank can easily part with 3% of its issued funds.

Typical course of events

First, let's look at the typical situation of a loan debtor. After losing a job (or other way of earning money), a person is unable to pay the amount for one month and misses it, hoping that in a month he financial situation will improve. However, this may not happen, and then a second delay will appear. The amount to be paid becomes even larger, since you have to pay two months plus a late fee. At some point, a bank employee will call the debtor (usually this happens a couple of weeks after the first delay, but some banks are in no hurry to call the client) and offer to visit the office to discuss this issue.

If you find yourself in this situation, then it is best to calmly explain to the bank that you remember about the loan, but at the moment you have an unstable financial situation, so you cannot pay off the loan now. Perhaps they will leave you alone for a while, but if you do not deposit any amounts to repay the loan, then the bank remembers you again.

As a rule, it is at this moment that the bank begins to regularly disturb the debtor with calls and demand to repay the loan. Some particularly strict financial institutions even require the full amount of the loan to be repaid. Perhaps the bank will threaten you with entering the supposedly existing "black list" of borrowers, arguing that after that you will not be able to get a loan in any bank for the next fifteen years (all banks have different terms for this threat, someone even manages to convince a person of that he will never be able to take out a loan).

However, do not be afraid of this, the "black list" is nothing more than a bluff. Banking structures do not use any single base customer management, so another bank will not be able to find out about your previous loan, unless you yourself tell him or if the financial institution makes a specific request regarding you.

After some time, it is possible to sell your debt to collection agencies. Most of them do not shun verbal threats and are able to intimidate a legally illiterate person (which is what they are counting on), after which the frightened citizen tries with all his might to repay the loan: he borrows money, looks for a part-time job or a second job, sells property. Was it worth it?

Real Consequences

So, if you do not pay at the request of the bank full amount loan after several delays, the bank can:

sell your debt to collectors;
file a lawsuit.

In the first case, the collection agency will pester you in every possible way and exert all kinds of psychological pressure in order to “knock out” the entire required amount (or maybe even more) from you. Some people are seriously afraid of the actions of collectors and, as already mentioned, find extremely difficult ways to pay off funds. However, in reality, collection agencies cannot really harm you, so you should not panic when unknown people start calling you daily and demanding payment.

Remember that debt collectors cannot legally seize your property, file lawsuits (whatever criminal codes they may talk about), or seize your property. According to the law, only the court has the right to perform such operations. By the way, a little about the Criminal Code regarding debtors. Yes, there really is an article (Chapter 22, Article 177, "Malicious evasion of repayment of accounts payable”), which stipulates criminal liability, huge fines and even imprisonment for malicious evasion of loan payments, but we are talking about large sums, in the millions. This article is rarely used in practice.

Collectors' only weapon is moral pressure, and you should never give in to it. Be firm and defend your rights.

And for this, you should go to court so that the transfer of your debt is recognized as illegal. If the court satisfies your claim, then you can file a claim against the bank for the disclosure of your personal information.

Now let's look at the second scenario. The bank has not transferred your debt collection agency and sued you. In this case, you should behave as responsibly as possible. Attend every meeting, file a counterclaim with the bank for all illegal payments that it requires from you. And you will definitely find them, these include:

recalculation of interest;
commission for maintaining an account;
unspecified fines and other payments.

It is best to file a counterclaim with a professional lawyer who specializes in resolving banking conflicts. The lawyer will provide for all the loopholes in the law that the bank can use to get out of liability.