Leto Bank was established by an international financial group VTB. The priority direction of the bank's activity is the provision of loans individuals. Bank branches are open in more than 200 cities of the Russian Federation.

JSC Leto Bank (TIN 3232005484) received its current name in 2012 after the VTB Group acquired JSCB Bank of Moscow, which controlled JSCB Bezhitsa-Bank.

How does the bank collect credit debt, can they take property for debts?

By signing the loan agreement, you agree to comply with all its clauses.

And this means that they must comply with the payment schedule attached to it and deposit money into the account before the specified dates. If the borrower ceases to comply with the terms of the agreement, the bank will apply sanctions to him in the form of fines and penalties. According to the Law on consumer lending» The maximum allowable penalty is 0.1% of the overdue debt per day.

Reviews about the bank - Post Bank

Terrible bank (((Unfortunately, by the will of fate, I had to take out loans from many banks. “Post”, as they are now called (but it’s not clear why, they had to renegotiate contracts with clients) and Tinkoff are terrible.

Don't contact them. There are no loan agreements in the "Post" that state that the bank can change its name.

So whoever has extra money, BOLDLY INTO THE COURT))) Tatyana

Why Banks Don't Sue Debtors

Some are tormented by the question why banks do not sue debtors? After all, it often happens that debtors have a great desire to financial institution The person who gave them the loan sued them.

But banks are delaying filing an application, using the services of such annoying collectors, just not to sue the debtor.

Let's try to figure out what could be the reason for such strange behavior.

Should I be afraid of a lawsuit with a bank?

Some bank borrowers find themselves in a situation where, out of ignorance or unwillingness to understand difficult questions they cease to transfer mandatory loan payments to their account in the hope of correcting their financial position or deliberately avoiding payments.

If payments are not received for a long time, then the bank not only charges the client fines, but may also resort to more radical methods - transfer the borrower's debt to a collection agency or even to court.

There is no doubt that credit obligations must be fulfilled. But even the most respectable borrowers, due to various insuperable reasons, may for some time be unable to repay a bank loan. Gone are the days when debt collection agency threats to sue were rarely acted upon.

The crisis in the banking sector has forced financial institutions to radically reconsider their attitude towards debtors.

Club of anonymous debtors

Elena, why such a panic? We have already discussed this behavior and similar texts of bank letters more than once here on the forum. Haven't you read? It's all bluff, intimidation and nothing more. Nothing threatens you, except for the court, and in court, again, you will be able to defend your rights - reduce the amount of the debt, get a deferral and installment plan, stop the accrual of fines, etc.

A criminal article does not threaten you in any way if you made at least one or two payments on this loan, or at least a few rubles each.

When the bank sues the debtor

The basis for applying to the court by the creditor bank in respect of bad faith borrower not always and not necessarily the amount of the actual debt. Sometimes banks look more at the term of delay on the loan.

Appeal to the courts is always associated with the expenditure of time and money. And in the case when the court takes the side of the borrower, these costs are borne by the bank itself. If the amount is small, then will such a case be detrimental to the bank?

For example, if the amount of debt is up to 100 thousand rubles.

Leto Bank wants to sue

On May 10, 2013, I took a loan in the amount of 175 thousand rubles for one close person, because he was in big trouble, broke an expensive device. 08/10/2013 missed the 3rd payment. I don't work. I can't pay myself. And this person is on a business trip and he will be able to pay the debts only on the 21st. The bank refused to postpone the date, today is the deadline. I have no one to borrow money from, I don't know what to do.

I don't pay the loan what will happen?

I do not pay a loan, what will happen? Such a question sometimes torments a person who has taken a loan, but for a number of reasons, no matter what, simply cannot continue to pay it off. What will happen next, let's try to understand this difficult situation.

According to banking statistics, most of the borrowers who stopped paying the loan are in fact solvent. All of them, for various reasons, decide to stop or temporarily suspend payment of the loan.

Reviews and complaints

Faced with the blatant rudeness of this bank. I myself am not a client, thank God. My brother took out a loan from this unfortunate bank. There was a delay (changed jobs). Works on a rotational basis. Apparently they couldn't contact him. When applying for a loan, he indicated that he actually lives with me. There were no letters or correspondence from the bank. What do bank employees do? We went to the address of his registration, pasted over the entire fence to my parents (they are not bank customers) with his photographs and inscriptions “Debtor” and all the accompanying documents: how much he owes, what size of the loan, what payment.

Does MTZ bank sue

I took out a loan, paid until the moment of maternity leave. I came to the bank with a statement to make a partial early repayment, notifying the bank that I was on maternity leave. The balance of the principal debt is 95,000 + 2,500% for the current month + they have charged fines of 7,000. I wrote a statement that I am ready to pay 97,500 and the fines accrued illegally, let them remain on the account until the circumstances are clarified.

Does summer sue the bank

According to Articles 27 and 33 of the Federal Law Russian Federation about banks and banking» if the borrower defaults on the loan. the bank can claim the return of their money through the court. And if the amount you pay every month through the court is not enough, the bank may seize the collateral. But credit organizations, including those that issue private loans, do not often use their legal rights.

Sue the bank

Do you want to sue the bank? Get advice from the experts of our center for compiling a competent statement of claim to the court, guaranteeing success, ABSOLUTELY FREE! Send an application and a lawyer will contact you in 15 minutes!

Competent lawyers specializing in drafting claims will answer your questions. For a free consultation. please fill out the online form on the right, in which you must describe the essence of the claim and leave your contact details.

Just got a new job a month ago. SMS received today pre-trial recovery, At the time of the visit, you were not at your address. We have no choice but to send your case to law enforcement agencies and the prosecutor's office to carry out operational-search measures and consider the issue of initiating a criminal case on the basis of ss.177, 159 of the Criminal Code of the Russian Federation. M.B.A.Finance-06-77.

If I had money, they all went to the treatment of the dog, since her legs failed half a year ago, and the treatment is very expensive. For me, the treatment of a dog is more important than anything, because she is a member of the family. Now I want to pay at least 500 rubles. What to do? What could be. And it is also important that in the month of January, the bank wrote to me that I was a creature, so that I would repay my debts. After such statements, I didn’t want to pay at all, and I didn’t.

Good afternoon. Unfortunately, in your actions, the bank can prove the presence of malicious intent, because you have not made a single payment on the loan. If the representatives of the bank really turn to the prosecutor's office and law enforcement agencies, then contact a lawyer for help. In the meantime, you can ask the bank to restructure the loan and pay it back a little.

Good afternoon. The bank will be able to initiate a criminal case against you only if it can prove that you were not originally going to repay the loan. In your position, the best way out would be to demand a lawsuit from the bank. In court, you need to file a petition to reduce the penalty (Article 333 of the Civil Code of the Russian Federation). After the issuance judgment it will be possible to write an application for a postponement or installment plan for the execution of a judicial act (Article 203 of the Code of Civil Procedure).

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And where did you go?

Why are you leaving so quickly? Stay, make yourself at home!

I took a loan from a bank in the summer, I haven’t paid it for almost a year, they started sending messages to VK and Odnoklassniki to my friends, is it legal, and what consequences should I expect if I continue to not repay the loan?

Lawyers Answers (2)

Of course disturb strangers who are not related to this loan illegal and unethical, bank secrecy is violated, apparently collectors have taken up the matter, and they usually do not adhere to clean debt collection methods, since collectors have no special powers, the bank or collectors can go to court and collect the loan amount, as well as financial sanctions provided for in the contract (attention! fines can exceed the loan amount!), so try to resolve the issue with the main loan with the bank.

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Unfortunately, there is no way you can prevent messages from being sent to your friends on social networks.

I draw your attention to the responsibility established by the Criminal Code of the Russian Federation:

Article 177. Malicious evasion from repayment of accounts payable

Malicious evasion of the head of an organization or a citizen from the repayment of accounts payable on a large scale or from payment valuable papers after the entry into force of the relevant judicial act - shall be punished

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a fine in the amount of up to two hundred thousand rubles or in the amount of wages

payment or other income of the convicted person for a period of up to eighteen months,

or compulsory works for a period of up to four hundred and eighty hours,

or forced labor for up to two years, or arrest for a term

up to six months, or imprisonment for up to two years.

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Ask our lawyers a question - it's much faster than looking for a solution.

What happens if I don't pay the loan? you can use the example of general banks, I specifically have a loan in a summer bank

2. Telephone conversations with the bank - empty chatter. Respondents have a poor idea of ​​the real possibilities of the bank and generally DO NOT RESPONSIBLE FOR ANYTHING.

(Judge for yourself about the quality of telephone answers: you were told that “they don’t have such a service to give a reprieve”, but the official sick leave is already a reason for a delay.)

Free legal advice:

Go to the bank branch, file an application that you are currently unemployed. Find out if your loan provides a feature such as "MANDATORY monthly payment” (as on credit cards).

And it's better for you to talk not about "delay", but about "recalculation".

2. Sell your computer and pay off your loan early. There will be a recalculation of interest and there it will be necessary to pay a penny.

Leto bank if you don't pay the loan

What happens if you don't pay the loan?

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Thirdly, after a court decision is made, it can be appealed,

Fourthly, all these things last quite a long time (7-8 months, or even more) and there is a possibility that you will get back on your feet financially. And repay the loan in the normal mode without extortionate interest, fines and penalties. Because it is easier to negotiate with the bailiffs who control and ensure the decision of the court, by the way, not particularly and zealously doing it. If payments are made regularly, they will not disturb you.

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• lesha_1975 Guru Jul, 22:04

and so everything is correct, only through the court they can describe your property.

• Mediator Advanced Jul, 22:07

This is true. There are other nuances, such as a pledge or guarantee of third parties. Here it is somewhat more complicated, but there are also quite acceptable procedures and ways of how not to let yourself be ripped off. The hardest part is mortgage loans. But even with such loans, there are also options for, let's say, painless settlement of claims.

Encyclopædia Britannica, 14th edition.

• anatoly05 Guru Jul, 22:22

Secondly, in 99% of cases, the court "sweeps" ALL fines and penalties for late payments that the bank has accrued to you and appoints payment of only the loan body

Yes, you are a storyteller as I see it.

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• Mediator Advanced Jul, 22:29

And you, I see, are talented! Well, at least you have a sister.

Encyclopædia Britannica, 14th edition.

• Pasha Monster Advanced Jul, 22:31

• Ma$hka Guru Jul, 22:40

• lesha_1975 Guru Jul, 07:46

That's for sure! One thing is constant: interest rates on loans do not decrease.

• lesha_1975 Guru Jul, 07:53

You can throw, but for now I need a positive credit history. In 2008, I just went to the bank and extended the contract from 3 to 5 years. Normal banks go forward.

• Manta Advanced Jul, 10:10

Super storyteller. Cooperatives and microfinance organizations that have issued loans at 2% per day not only do not forgive the debt, but are directly interested in the resulting debt!. Three years later, they apply to the court to recover 200 thousand rubles from the issued 10 thousand rubles and this is without penalties and fines.

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• Mego Guest Jul, 10:16

• Port21 Yoshkin cat Jul, 10:17

• Mediator Advanced Jul, 10:43

Encyclopædia Britannica, 14th edition.

• The Lawyer Court is a school where respect for the dignity of the individual must be taught. Jul, 10:50

Firstly, after the court accepts the case, the growth of debt immediately stops,

Secondly, in 99% of cases, the court "sweeps aside" ALL fines and penalties for late payments that the bank has accrued to you and assigns the payment of only the loan body + approximately 8.5% per annum, according to the Central Bank's refinancing rate. And the bank remains, as they say, "in its own interests",

Excuse me, do you have a law degree?

• Mediator Advanced Jul, 10:51

PS: I also forgot that all relatives will be notified and will be reminded until you pay. If you like that your dad\mom\grandmother\sisters\brothers call you a couple of times a week and instead of greeting they yell "Shozafuck!! I was gored by calls from your bank!"

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I do not pay a loan - what will happen?

Surely the debtors wondered: I'm not paying a loan, what will happen? And recently, this topic is quite relevant, because due to the wide availability of lending, not all borrowers can correctly calculate their financial capabilities and often first make delays in payments, then stop paying at all. What happens if you don't pay the loan at all? It is quite natural that no one will forgive you a debt, but sometimes everything is not as scary as it seems, so it is worth considering what awaits a malicious defaulter and how to get out of the situation correctly.

Myths and Reality About Unpaid Loans

Banks rarely collect overdue debts on their own. Firstly, the maintenance of a specialized department is too expensive for commercial banks. Secondly, often the amount of debt collection is more expensive than the amount of debt itself.

Explanation: large loans are issued secured by collateral, respectively, here the creditor does not risk anything, because in case of non-repayment of the debt, he has the right to sell the debtor's property and cover his expenses. In the second option, the bank needs to have mobile employees, pay for their travel, mobile communications and wages to communicate with debtors, but their powers will be limited only to warnings about existing debts and possible consequences in case of non-payment.

Thus, the bank relieves itself of responsibility and transfers the debts of its clients into the hands of collectors in portfolios, or in bulk, for a modest fee, this allows them not to remain in losses and partially cover their expenses. According to the law, this is not a prohibited transaction, because the loan agreement contains a clause on the assignment of the right to claim to third parties.

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So, how banks put pressure on the debtor:

1. They are afraid of transferring the case to collection agencies, and their collection methods are not limited to the law, but often go far beyond them, and they really have the right to do so. If you approach the tactics of communicating with professional claimants correctly, then hard pressure can easily be avoided, but more on that later.
2. They warn about criminal liability under article 152 “Fraud”, this is a provocation, because there can be no fraudulent actions in the actions of the debtor, for the reason that he did not abuse the trust of the creditor. The only exception is making a loan using fake documents.
3. Inventory and sale of property - these powers are entrusted only to bailiffs, neither the collector nor the bank has the right to forcibly take anything from the debtor's property, except for the pledge.
4. Deprivation of parental rights - loan debt - this is not the circumstance on which children are taken away, only guardianship and guardianship authorities with the help of the court can do this if parents neglect their duties to support and raise children, as you can see, the loan has nothing to do with this.
5. Handing over the case to the service bailiffs- this is possible, but only after a court decision, banks are not authorized to send enforcement documents to the FSSP.

In general, most threats from banks are threats to put psychological pressure on the debtor. And, I must say, they influence many, and borrowers return borrowed funds with interest.

On initial stage the formation of arrears, and better before it, the borrower has a real chance to resolve the conflict, for example, ask for a deferment or restructuring, usually the lender meets halfway if the client has a good reason.

Now consider the three stages that await the borrower if the loan is not repaid. Moreover, the issue can be resolved in your favor on any of them. But if a malicious defaulter of loans took them for the purpose of non-repayment, then it must be said right away that he has two options: either the bailiffs will recover the entire amount forcibly after the trial, or he will have to hide from creditors for three years in order to miss the statute of limitations, but this measure may be ineffective.

Assignment of the right to claim

Usually, if after 90 days no funds have been received from the borrower to the credit account, then its debt is transferred to collectors. The bank will hardly be able to sell the debt, because basically collectors only represent the interests of the creditor on the basis of an agency agreement, and the bank still has the right to claim.

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Employee methods collection agency familiar to everyone, and not only to debtors. Until recently, the state did not limit their powers, today the situation has changed and the actions of claimants are severely limited by law. What is a collector entitled to? Only remind about the existing debt and suggest ways to resolve the issue, for example, make payment in installments, and to the bank account, and not to them.

If the collectors have exceeded their powers, then you should not wait for the threats to be translated into actions, go to the police or the prosecutor's office. Record conversations on a voice recorder, ask neighbors to testify about the visit of collectors, in general, collect as much evidence as possible. And in other cases, send collectors to court, this is the only legal way to collect a debt if you refuse to pay voluntarily, moreover, if there are good reasons, the court will cancel fines and penalties, which sometimes exceed the actual amount of the debt.

If you have received a court order for the recovery of funds, it does not matter. Apply for a review of the case in the presence of the parties, so that you have the opportunity to speak out and give arguments, ask for an installment plan. By the way, representatives of a bank or a collection agency are extremely rare at meetings.

But even before the collectors, the matter can not be brought up, if the delay is insignificant, then you need to immediately go to the bank. What happens if the loan is overdue for a month? In fact, it's okay, during this period banks do not even transfer data to credit bureaus, which means that there is a real chance to rectify the situation.

Bring the lender evidence of your financial insolvency, for example, in case of illness or loss of a job, and write an application for an installment plan. Even if the bank refuses, ask for this refusal in writing. Further, try to deposit at least some possible amounts to a credit account, in court this is proof that you are not a malicious defaulter and will issue a more lenient sentence for the debtor.

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Trial

If the case has gone to court, and it will come to this in any case, if you do not pay the loan at all, then the debtor should definitely attend it. Firstly, he will have the opportunity to provide evidence on the circumstances that prevented him from fulfilling his obligations, if any. Secondly, a delay can be asked in court, for example, if the reason for the decrease in income in the family was the birth of a child or the illness of one of the able-bodied family members. Surely the judge will take into account all the circumstances and give the borrower a chance to pay off the debt.

When applying for an installment plan or deferment, the consent of the creditor will be required; without it, the court cannot provide it on its own initiative.

After the decision is made, you can challenge it, for this the defendant is given 10 days, he has every right to file an appeal. But this will help only if the court did not take into account the rights of the debtor himself or violated them in some way. The judge makes a decision on the basis of the current legislation and is guided solely by the articles from federal law. Therefore, before challenging the decision, it is necessary to identify where the rights of a citizen were violated.

You should not expect that the court will forgive all debts and terminate the contract between the borrower and the lender, because it will not take into account the rights of the latter. But do not be afraid of the court - this is a third, disinterested person in the conflict, whose task is to resolve the dispute. In addition, after the trial, it is also possible to peacefully resolve the issue, only with the bailiffs.

Enforced debt collection

After court order- executive document, the case is sent to federal service bailiffs. The difference between the court and the initiation of enforcement proceedings is 15 days. Of these, 10 days are given in order to challenge the court decision and 5 days for the voluntary repayment of the existing debt, but this is in theory. On practice enforcement proceedings may begin in a few months, for the reason that the bailiffs do not cope with the load assigned to them. And here all the same collectors will surely come to their aid, they will in every possible way contribute to the speedy recovery of the debt.

The powers of bailiffs are practically unlimited - they can independently withdraw funds from your bank accounts, seize wages, or rather, half of it, describe and sell property. Naturally, any action of the performer can be challenged in court, but only if it contradicts the law and violates the rights of a citizen.

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If the enforcement proceedings were not initiated within three years after the court decision, or during this period it was not possible to recover the money, then the enforcement proceedings are closed upon the expiration of the limitation period, provided that the citizen did not hide and did not hide his property that could be converted to recovery.

In general, it is clear that if you do not pay the loan on time, then the borrower will face quite a lot of problems. It is unlikely that anyone will want to go through all three stages, because the result is the same - the money will have to be returned in full. This once again confirms the fact that there is no point in hiding from one's own obligations. But in any rule there are exceptions, this will be discussed later.

Can a bank forgive a loan

Definitely not. Borrowed money is always repayable, and there are many borrowers who always paid the loan regularly, but “at the end of the road” for some reason stopped doing it. Here the situation is ambiguous: on the one hand, the body of the loan has already been covered and part of the interest, too, on the other hand, the bank has not received the income that it originally expected. But if the amount is insignificant, it is economically unprofitable for the creditor to transfer the case to collectors, and with a small amount they are unlikely to want to work on their own, and even more so to sue the borrower, it is also impractical.

Any bank has a certain percentage for writing off debts, and naturally, this share is already included in the interest rate on loans, so the lender will not miss his profit. Although you should not count on debt cancellation, even if this happens, the borrower will still periodically receive reminders of unpaid debt, and his credit history will be hopelessly damaged.

Limitation period

Most unfortunate borrowers rely on the statute of limitations, that is, three years during which the lender has the right to file a lawsuit in court. There are many nuances here, so you should not count on it too much. Many are interested: I have not paid a loan for 3 years, what will happen? Nothing good, the debt will only grow! And many banks like to play for time, a year or two before filing a lawsuit, and then they still collect the amount they need from the debtor.

Please note that the statute of limitations for collection credit debt begins from the moment the borrower ceases to pay the loan and agree to the requirements for repayment of the debt.

The statute of limitations starts from the moment the borrower stops making payments on the loan and ends exactly three years later if:

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• he never deposited funds into a credit account, even 100 rubles;
• did not get in touch with representatives of the bank or collectors;
• did not recognize his debt.

It is quite difficult to fulfill all the conditions. In addition, creditors will find a way to force the debtor to recognize his obligations. The only way to use this period is if the creditor himself does not take measures to collect the debt from the debtor.

So, what will happen for non-payment of the loan? As you can see, this is a rather difficult test for the debtor, because first you need to remember for yourself - the debt will have to be repaid in any case. Does it make sense to evade obligations, any issue and problem can be resolved peacefully, besides, the creditor is also interested in the return of funds, which means that he will be able to offer his client a compromise that will suit both parties.

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What happens if you don't pay the loan at all? Consequences + 6 ways to do it legally

Over 11.6 trillion rubles Russians owe banks as of October 1, 2017. Such data are contained in the October Bulletin of the Bank of Russia. In total, there are over 38 million people among borrowers. About 8 million of them cannot service their loans, and 660 thousand owe more than 500 thousand rubles each - and do not pay a penny for more than 3 months.

As long as these figures concern someone else, you don’t really think about them. But it is worth trying it on for yourself - and the question becomes relevant: what will happen if you do not pay the loan? What could be the consequences? Is it legal to not repay a loan?

We note right away that it is almost impossible not to pay the loan and get out of the water dry in 2017. A borrower with overdue payments is waiting for persistent and harsh reminders, unpleasant communication with collectors, and then - the court and debt collection, often with the simultaneous seizure of property belonging to the debtor.

However, with a sound approach to working with your debt, there are more acceptable options, which will be discussed below.

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Why Russians do not return loans?

The banking community maintains unofficial statistics, numbering dozens of reasons why citizens explain the refusal to make payments. Let's single out two main ones.

Reason #1: Decrease in income of the population

Only in the first 7 months of 2017, the real disposable income of Russian citizens decreased by 1.4%. And just over the past 3 years, according to the Higher School of Economics, the average Russian has lost about 20% of income.

To the greatest extent, this factor affected those who took out a mortgage or a car loan with a large monthly payment. It is especially difficult for those who suddenly lost their jobs - due to a reduction, bankruptcy of the enterprise, due to a conflict with management, illness or other equally sudden circumstances.

The same applies to the reduction in income due to care in maternity leave or retire. If a person did not have savings, but had loans, an unexpected loss of a source of income immediately leads to delays. Or new debt.

This does not solve the problem of the lack of constant cash receipts, and the borrower plunges into an even greater debt quagmire.

Analysts of the United Credit Bureau claim that 21% of chronic defaulters have 2 loans, 19% - 3. The average debt of people who stop making monthly payments is 750 thousand rubles. Every tenth potential bankrupt is the owner of a car loan in excess of 980 thousand rubles.

Most debtors who have lost part of their income are considered conscientious: as soon as they have money, they immediately resume payments. Such people themselves initiate the restructuring of their debt and try to negotiate with the bank, whose managers often meet halfway.

Reason #2: Deliberate evasion

Of course, the story circulating on social networks about how residents of either Yakutia or Chelyabinsk refused to repay a loan to a bank on the grounds that its founders are foreign companies, and supposedly the payment of the loan will be financial assistance to a foreign state, is fake.

In fact, the loan is returned to a legal entity registered in the Russian Federation ( foreign banks in our country they do not have the right to lend to individuals). But this example well illustrates how inventive those who obviously were not going to repay the borrowed funds can be.

A year and a half has passed. It turned out that the initial calculations were wrong, and much more money was needed. I took a couple more loans - just at the beginning of 2015, after the pandemonium with the dollar exchange rate and the subsequent jump in ruble loan rates. When there was not enough money for monthly payments, the man decided to get into debt with his friends and even got microloans - just not to spoil his credit history.

As a result, he turned out to be the owner of eight loans at the same time, for which there was absolutely nothing to pay. Banks refused to accept the architectural rarity as collateral and to cut interest rates. And the entrepreneur stopped paying.

Now he is sure that this should have been done earlier - then there would be no fuss with microfinance organizations and related problems. Slowly began to repay the debts of MFIs, get close to bank loans calculates the earliest in a couple of years. At the same time, he does not deny himself anything, and continues to reconstruct the tower.

What threatens the debtor: myths and reality

One of my acquaintances, a serious man, a former director of a large organization, is mortally afraid of delaying mortgage loan. He is absolutely sure that immediately after that the riot police will come to take away the apartment, and he will immediately be put in a colony.

Many people think so, but in fact, banks are much more loyal even to problem borrowers. The Central Bank obliges each credit institution to have a regulation on working with debtors, in which neither soldering irons nor even night calls are provided.

For any bank, a sharp increase in the number of "bad" loans is the need to increase reserves, reducing net profit. Therefore, in most cases, the credit institution is no less interested than you in making sure that you repay the debt. To do this, there are debt restructuring programs.

But be prepared for the fact that no one will babysit you. It is for you your loans are the only and inimitable, and bank managers have such loans every fifth. Therefore, if you fail to fulfill your obligations on time, get ready for unpleasant consequences.

First stage: pre-trial

As long as the bank takes care of your debt (and this usually happens during the first 90 days of delay), you can not worry too much: things will not go far beyond the law and human decency.

Legal actions of banks in case of late payments on the loan

• At the first delay - SMS, a call from a bank representative with a reminder, an e-mail with a proposal to pay off the debt that has appeared.
• Directly (without your permission) debiting the amount of the overdue payment from your account in the same bank. This method is applied only if it is specified both in the loan agreement and in the deposit agreement.
• Requiring payment from the co-borrower/guarantor/guarantor (if any). In some banks, when concluding an agreement, they require you to indicate from one to three phone numbers of friends or acquaintances - they will also be informed about your debt and will be required to influence you.

For the most part, these methods relate to mild psychological effects. They are aimed at law-abiding borrowers who are in an unpleasant life situation and will try to pay as soon as the opportunity arises. Quite often, banks cross the line and begin to promise measures that they have no right to fulfill.

Bank actions that are not supported by legal grounds

• A promise to bring the client to criminal liability under the article "Fraud". Here you must clearly understand that there is no breach of trust in the failure to fulfill the loan agreement (which is exactly what fraud is). If you took a loan using your own original documents, your actions are not subject to Article 152 of the Criminal Code of the Russian Federation, judicial practice no such cases.
• A promise to describe and auction off your property to pay off a debt. Remember: the bank does not have the right to perform any actions with the client's property (except for what is pledged). So are collectors. This is the exclusive prerogative of the bailiffs. And then - after the relevant court decision and with the restrictions, which will be discussed later.
• Promise to terminate parental rights. The most delusional threat. Such an action has the right to be carried out only by the guardianship authority if the parents or guardians cannot properly support and raise their children. The bank is not children, the delay on the loan has nothing to do with family relationships.

At this stage, in no case should you hide from the bank. The best option- when you apply to a credit institution even before the occurrence of delays. We lost our jobs - the next day we went to the bank to negotiate restructuring.

As long as you do not have a documentary burden of unmade payments, managers will perceive you as a solvent client with temporary difficulties. It is not a sin to increase the term of the loan, and reduce monthly payments.

How to communicate with a bank representative:

• You should pick up the phone whenever you receive a call.
• First of all, specify the name and surname of the interlocutor - often the databases of banks "merge" with dubious firms that are trying to fraudulently extort money from borrowers. It does not hurt to call after the conversation hotline bank and clarify whether such an employee works.
• If possible, record the conversation.
• Try not to react to the rude tone of the interlocutor. Invite him to calmly state his claims, specify the amounts and terms of the debt.
• Try to find out if this employee is related to the department in which you took out a loan, or if this is a bank security officer who is only authorized to bring you information about sanctions for late payments. Just listen to the second, ask the first when you can come to the bank to restructure the loan.
• It is better to be philosophical about direct threats and accusations: you yourself understand that you have violated the contract, and the bank has no right to do anything illegal with you. You will lose money only if you pay yourself, the property will remain with you.

Second stage: court or collectors

After waiting 90 days, the bank decides on further progress in your case.

There are two options: either the loan default proceedings will continue in court, or you will have to deal with a collection agency if the bank's analysts consider it more profitable to include your debt in a difficult-to-collect package and sell it at a discount to collectors.

This happens if the client does not own serious property for possible sale at auction (cars, real estate, and so on).

collectors

This terrible word for debtors has often been heard in recent years.

In April 2016, several masked men broke into the apartment, where they beat the owner, his 17-year-old son, and raped his wife. So they tried to "recover" a debt of 5 thousand rubles overdue for a year, taken from the Dengisrazu company.

In February of the same year in Yekaterinburg, the family took 30 thousand rubles from Home Money and delayed the return of the debt for a week. The collectors came when the 11-year-old son of the borrowers was at home. For three hours they broke into the door, cut the wiring, and the telephone, filled the keyhole with glue. The child, in a state of shock, somehow got to a neighbor, and she called her mother.

A glaring incident occurred in Ulyanovsk, where a collector threw a Molotov cocktail into a debtor's window. I got right into the crib where the owner's little grandson was sleeping. The child received severe burns to his face and body. The reason was a debt of 4 thousand rubles in the RosDengi company.

Since there was no legislative regulation activities of collectors, it was difficult to bring them to justice.

But from January 1, 2017, the law regulating the work on the return of overdue debts (No. 230-FZ of 07/03/2016) began to operate in full. He significantly limited the possibilities of collectors and largely protected debtors. The number of "bespredelschik" in the ranks of the collectors has declined sharply. But it didn't go to zero.

For example, in September 2017, a story became public when an employee of a debt collection agency in St. Petersburg sent an elderly woman a photo of her little granddaughter in a “funeral” interior.

Is it possible to protect yourself from such situations?

The work of collection agencies with your debt can be of two types:

• Either collectors work under an agency agreement with the bank (usually at the pre-trial stage and during the trial),
• Either your debt is sold to the agency, and then you become debt collectors.

Despite the difference in attitude towards the debtor, in both cases, "debt collectors" have the same rights and restrictions.

How to communicate with collectors

• Always try to find out the name of the person who called you. This will help not only reduce the intensity of passions in a conversation, but also, in which case, competently draw up a statement to the police.
• Specify who is in charge of your debt - a bank or a collection agency.
• Find out if the interlocutor is authorized to make decisions about your loan, such as restructuring. Never get involved in an argument. The already mentioned Tomsk owner of the reconstructed tower carried on a long correspondence with the collectors, in which he did not say a single impolite word and did not dispute a single statement of the interlocutors. In the end, they began to turn to him much less often.
• If you are threatened, if you have been insulted or abused by collectors, contact the police.
• In order not to be shown to the door, take care of the evidence in advance: try to record all conversations, including those at personal meetings, and do not hesitate to film any illegal actions of exactors.

Trial

With a relatively low amount of debt (up to 500 thousand rubles - Article 121 of the Code of Civil Procedure of the Russian Federation), at the request of the creditor, the Justice of the Peace issues court order.

This is a document according to which bailiffs collect a debt from all accounts of a citizen, from all his income - in a word, from all receipts that they become aware of.

You can challenge the court order within 10 days from the date of receipt of a copy of this document (the judge is obliged to send it to the debtor).

If the court order is challenged, the amount of the debt is more than 500 thousand rubles, or the loan agreement provides for the recovery of collateral or property (including co-borrowers and guarantors), lawsuit proceedings begin. The court will send a summons to your home address.

You can evade receiving it, but this will not work: the issue will be resolved without your participation (the law allows this), and you will not get the opportunity to somehow explain your actions and achieve a court decision more loyal to you.

Meetings are usually held at your place of registration. It is a must to attend them.

Even before the trial, you should stock up on documents confirming good reasons for non-payment on the loan. This may be a work book with a record of dismissal, sick leave, other papers indicating that you were not able to pay on time.

If there are no good reasons, or you cannot confirm them, try to involve a lawyer (especially if expensive property is at stake, which you can be deprived of).

It is important to prove your good faith, so bring to the court the maximum number of checks for payments made before the delay.

The best strategy for court behavior is:

• Acknowledge the debt (if it really is), constantly talk about your desire to pay it off.
• Be polite and correct at meetings, do not blame the bank for high interest rates and the cruelty of the security service - this is pointless, no one dragged you to the bank at gunpoint and did not force you to sign a loan agreement.
• Be sure to back up your every statement with evidence.

Based on the results of the meetings, the court makes one of the following decisions:

• To oblige the debtor to pay the debt at a time (including through the independent sale of property).
• Pay off debt with payroll deductions over a period of time.
• Repay the loan in full, but without penalties and late fees.
• Restructure loan
• Collect debt forcibly from the property of the borrower.

Within 10 days of receiving the decision, you have the right to challenge it by filing an appeal. It makes sense to do this if you are sure that the court did not take into account significant circumstances (for example, it did not take into account that you got a job and decided to immediately collect the debt at the expense of your car).

Third stage: post-trial

If the court made a decision to forcibly recover the debt from you, the relevant executive documents (court order, writ of execution) are transferred to the bailiffs, and they begin enforcement proceedings.

Bailiffs have the right:

• seize or sell at auction property and property rights;
• seize or collect periodic payments to bank accounts;
• evict the debtor from the apartment (the only housing can be seized, but cannot be evicted from it).

The law allows for other actions, including on behalf of and at the expense of the debtor.

And here is what the bailiffs are not entitled to collect:

• Land plots under real estate located on them - land cannot be taken away if the house on it remains the property of the borrower.
• Household items and personal items (excluding luxury items).
• Machinery and equipment used in professional activity borrower.
• Food and cash in the amount living wage for each family member.
• Firewood and other fuels used for cooking and home heating.
• Livestock and poultry (if they are not bred for sale).
• Transport and other devices used by the disabled debtor.
• State awards, honorary signs, prizes.

Is it legal to not pay off a loan? 6 main ways

There are at least six completely legal ways to get rid of your credit burden.

Method #1: Termination of the loan agreement

1 This is a method for those who are well versed in legal intricacies. In some small banks, and especially in microfinance organizations, contracts are often not drawn up directly high level. They may contain provisions that are contrary to the law (for example, on the calculation of interest on loans, penalties or on the collection of overdue payments).

Cancellation by the court of such provisions leads to a serious reduction in debt, and in some (though very rare) cases - to the complete cancellation of payments. But with the documents of large banks, such a trick, of course, will not work.

Method #2: Buyout of debt by third parties

2 If collectors can buy your debt from the bank, then why don't you buy your debt from collectors. Not directly, of course, but through relatives. Or through a rich uncle's firm.

The minimum value of your debt is 20% of the total. The maximum is 50%. So your relatives will also earn extra money on you. Another thing is that not every collection agency agrees to part with a gold mine so easily.

Method #3: Refinancing or restructuring a loan

3 If there is a delay, refinancing is not easy, but real, if you turn to banks such as Tinkoff, Home Credit or Renaissance Credit. Perhaps you are lucky - and you will take money at high, but not sky-high interest rates and pay off your existing debt.

It is easier to restructure debt (increase the term of the loan with a decrease in the monthly payment and the distribution of late penalties for many months or their complete cancellation). But the debtor himself should offer such an option, and the bank will decide.

Method #4: Loan Holidays

4 Uncommon variant. The bank allows you to pay only interest for a certain period of time (usually a year), while the payment of the "principal" debt is postponed. Without a good credit history (before the delay), there is nothing to count on this option.

Method #5: Paying off a loan through insurance.

5 If you are in custody loan agreement bought a special product from an insurance company - insurance against non-payment of a debt - then your debt (if there is a good reason specified in the policy) will be repaid by insurers. Pleasure is expensive, and only a few go to it.

Method #6: Bankruptcy of an individual

6 Possible if there is a debt of 500 thousand rubles, no liquid assets and a high monthly payment. The procedure is complicated, entails the loss of the right to take loans, hold managerial positions for 3 years, travel abroad, and so on. The cost of bankruptcy of an individual is at least 40 thousand rubles.

FAQ

QUESTION: Is it true that if you hide well from the bank and bailiffs, in the end everyone will forget about you and you won’t have to pay?

- There are situations when debtors get away with it. For example, this year a pensioner from the city of Vladimir had 4 million rubles of debt written off after she filed for personal bankruptcy, and the court decided that she simply did not have property to recover. But this rarely happens.

Similar stories are more common: a businesswoman from Rostov-on-Don took out a loan to educate her daughter. Then another one - to cover the losses of the business during the crisis. Then more and more... Now she has 6 loans, three of which are already collected by bailiffs. Plus, a criminal case was initiated against her under the article “Fraud” due to the fact that a woman borrowed money from a friend in order to repay one of the loans, and then hid in order not to repay the debt. The business is closed, the store is arrested, the house too, the husband left, the daughter left the university.

But what other consequences threaten those who do not repay the loan or are hiding from the bailiffs:

• bad credit history (getting a loan will be problematic or even impossible);
• a ban on traveling abroad (with an amount of debt from 30 thousand rubles;
• impossibility of official employment;
• impossibility of residence at the place of registration;
• damaged reputation.

QUESTION: Can I be sentenced to a real term for non-payment of a loan?

- According to the Criminal Code of the Russian Federation (Article 177), only persistent non-payers can be held criminally liable (they took a loan without an intention to return it, did not make a single payment), if the amount of debt exceeds 1.5 million rubles. But in this case, the sanctions may be different:

• bran fine;
• withholding from salary/other income for up to 18 months;
• compulsory work for up to 480 hours;
• forced labor for up to 2 years;
• arrest up to 6 months;
• imprisonment for up to 2 years.

QUESTION: Can a bank forgive a loan due to the statute of limitations?

- On the topic of the limitation period for a loan, we have a separate extensive article with good examples, judicial practice etc., we recommend reading. In short, Yes, you can avoid repaying the loan after the statute of limitations, which is three years. But in practice, this can be a much longer period during which you will actually have to be in a semi-legal position ... Is the size of your loan worth such sacrifices?

The fact is that the statute of limitations applies to each installment of the payment schedule of your loan. And this means that another 3-5 years can be added to three years, and in the case of a mortgage, even a whole year. Open the article about the statute of limitations at the link above, there are detailed and visual calculations, everything will become clear to you right away.

If you still decide to resort to such a scheme, then do not forget about the history of the family members of the borrower from Taganrog, who did not pay the loan for 3 years, went to the other end of the country and returned only when he found out about the cancellation of the debt.

Relatives were happy for him exactly until the moment they themselves tried to take out a loan. Despite the cleanest credit history, not a single bank in the city has given money to anyone related to the cunning citizen. They were secretly told that they were all blacklisted for life and could only rely on money from microfinance organizations.

Conclusion

So friends, every person in life can have a black streak. And if it touched your loans, then you need to clearly understand that your credit history will be damaged and in the future, when you need a loan for something very important, you will not get it.

Get ready for the fact that the bank will not leave this case just like that, you will have to communicate with lawyers many times credit institution, perhaps collectors and these conversations will not be pleasant.

But if this happened, then first of all try to negotiate with the bank, find a compromise solution ( credit holidays, restructuring, refinancing, etc.).

Collect all the documents that you may need in the future in court to prove the impossibility of paying the loan or your insolvency.

Finally, if you still decide to start hiding, then, in addition to the consequences listed in this article, remember the boomerang law. Everything in this life comes back and you have to pay for everything. No need to deceive anyone, live honestly, take all the hardships of life boldly and look for legal ways out of any situation.

The statute of limitations on a loan - how to calculate correctly and what to do in case of a court

How to get a mortgage without a down payment - 9 main ways of the year

What is consumer loan refinancing

How to get credit insurance back

What is an overdraft

Mortgage Loan Refinancing: Ways, Subtleties, Pitfalls + 12 Best Bank Offers

about the author

Roman Kozhin

The author of the blog "My Ruble", in the past the head of the credit department in the bank. In the present Internet entrepreneur, investor. I talk about how to effectively manage your money, how to increase it profitably, and earn more.

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Leto Bank was created by the international financial group VTB. The priority direction of the bank's activity is the provision of loans to individuals. Bank branches are open in more than 200 cities of the Russian Federation.

JSC Leto Bank (TIN 3232005484) received its current name in 2012 after the VTB Group acquired JSCB Bank of Moscow, which controlled JSCB Bezhitsa-Bank.

Banker's blog

I nevertheless withdrew the money after complaints by a free interbank bank on a written application, but the bank, firstly, strictly forbade contacting the hotline for any questions, they say, all issues are resolved only through a personal visit to the bank’s office, and, secondly , the hands of the Sat reached out to Corn with credit limit from TKS, to Yandex-Money cards (issued by TKS), even to the Tinkoff Mobile Wallet electronic wallet.

Everything (!) was blocked and closed.

This video is not available

The overdue debt collection department or the collectors of Leto Bank (now Post Bank) sent the borrower a fake writ of execution to collect debt on the loan.

How to distinguish from a real executor and why you should not be afraid of either bankers, or collectors, or bailiffs. —— → Free collection of anti-credit instructions and templates http://ojivaem.ru/sam-sebe-yurist → School of Revival http://ozhivaem.

How does the bank collect credit debt, can they take property for debts?

By signing the loan agreement, you agree to comply with all its clauses.

And this means that they must comply with the payment schedule attached to it and deposit money into the account before the specified dates. If the borrower ceases to comply with the terms of the agreement, the bank will apply sanctions to him in the form of fines and penalties. According to the Consumer Credit Law, the maximum allowable penalty is 0.1% of the amount of overdue debt per day.

When a bank sues for non-payment of a loan

If your debt is large enough, and you cannot agree with the bank on its restructuring, then the case will almost certainly end up in court. What amount is considered large enough to go to court - this question depends significantly on a particular bank and on the region of Russia.

For example, in Moscow, those loans usually end up in court for which the total debt (including interest and penalties) exceeds 50-100 thousand rubles.

Should I be afraid of a lawsuit with a bank?

Some bank borrowers find themselves in a situation where, due to ignorance or unwillingness to understand complex issues, they stop transferring mandatory loan payments to their account in the hope of correcting their financial situation as soon as possible or deliberately avoiding payments.

If payments are not received for a long time, then the bank not only charges the client fines, but may also resort to more radical methods - transfer the borrower's debt to a collection agency or even to court.

Who was sued by the bank leto bank

Good afternoon

Such a situation arose, I took loans from banks: VTB24, Russian Capital, Leto Bank, some time ago my life circumstances changed, a debt for 10 months formed. Due to the current situation, banks demand to return half of the amount of the remaining debt, I do not have such an opportunity, I only own a car, how can I get out of this situation?

Is it possible to restructure debt in one bank or for all banks in a single payment? Please describe possible consequences according to the requirements and offer options for the development of events, I do not refuse to pay, unfortunately, it is not yet possible to repay the amounts that the banks ask for.

What happens for loan default?

It is difficult to disagree with the statement that it is better to repay a loan on time and in full.

Everyone understands this. But in the life of any person, a situation may arise that excludes the ability to pay on their debt obligations. There are also cases when a person deliberately ignores his obligations to the bank and does not pay the loan, hoping that "somehow it will be" and "maybe it will carry." Borrowers are often interested.

Which banks are suing for non-payment of the loan

If the borrower does not pay the loan taken, he will inevitably have to face annoying phone calls by a collection agency or bank collection department.

Interaction with collectors can reach threats and other methods psychological pressure, however, all this is quite possible to endure.

If the borrower still does not pay the money required from him, then at the next stage the bank often sues.

In 2014, a non-working girl (my relative) was given a loan at 39.9% (a huge amount). In our simplicity, we decided to pay the loan for it. Now they regret it. The bank is engaged in outright extortion of money from customers. They do everything possible to prevent the client from repaying the loan ahead of schedule. They call the wrong amount to be repaid, and after a few months they tell you that the loan has not been repaid and a debt has formed. On the phone they say that a verbal statement from the client about early repayment loan, and then report that it was necessary to write an application. While accepting the application, they refuse to register it. The application is printed out. The text of the statement refers to the repayment of the debt, not the loan. In general, in an amicable way, it is impossible to pay them off. The only way out is to go to court. It is necessary to record all appeals to them either on a dictaphone, or come with witnesses. Do not be silent people, write about their lawlessness everywhere. Write to all authorities, write on the Internet. Fraudsters openly rob people, but the state does not care. The people in our state are remembered only before the elections. Therefore, do not be silent, fight the crooks.