Hello, Alexander.

In accordance with Art. 819 of the Civil Code of the Russian Federation under a loan agreement, bank or other credit organisation(lender) undertake to provide funds (loan) to the borrower in the amount and on the terms stipulated by the agreement, and the borrower undertakes to return the received sum of money and pay interest on it.

According to Article 811 of the Civil Code of the Russian Federation, in the event of failure to repay the loan amount within the specified period by the borrower, the following interest fines are established: 1/300 of the rate of the Central Bank of the Russian Federation. It is assigned from the moment when payment should have been made until the moment the debts are fully paid to the creditor, regardless of the interest provided for in Article 809 of the Civil Code of the Russian Federation.

Delay in monthly payments can lead to the imposition of penalties, interest and may even serve as a reason for demanding early repayment of the full loan debt.

As a rule, all these conditions are clearly stated in the loan agreement and you can read them yourself.

There is no point in hoping that the bank will accommodate you, especially if your loan is secured by collateral. In this case, the bank seizes the pledged property and sells it at auction. And if you have a mortgage on an apartment, the bank has the right to seize this apartment without providing another living space.

That is, the bank has the right to go to court to resolve the issue of confiscation of your property to pay off the debt, to forcibly collect funds to repay the loan under a writ of execution, etc.

There is also criminal liability for non-payment credit funds, but it is used extremely rarely.

In turn, you have the right to contact the bank with an application where you can ask for restructuring (installment plan) of the debt. But the bank has the right to refuse restructuring, since providing installment plans is the bank’s right, not an obligation.

If you have insured your loan agreement and have insurance in case of job loss, you can contact the insurance company to compensate the bank for damages. If not, then make payments on the loan (necessarily monthly) in the amount you can, and prepare documents about the difficult financial situation for the court.

If you partially repay the debt, the court will take this into account and you will not be classified as a persistent defaulter.

Also, on July 1, 2015, the law “On Bankruptcy of Individuals” came into force. The main condition for declaring a citizen bankrupt is the presence credit debt in the amount of more than 500,000 rubles and the impossibility of repaying the debt within three months from the date on which such debt must be repaid (Clause 2 of Article 213.3 Federal Law of the Russian Federation of December 29, 2014 No. 476-FZ “On Amendments to the federal law"On insolvency (bankruptcy)" and certain legislative acts Russian Federation regarding the regulation of rehabilitation procedures applied to a citizen-debtor”).

If this condition occurs, the citizen may apply to the court to declare him bankrupt. A citizen has the right to file an application with the court to declare him bankrupt and in case of foreseeing bankruptcy in the presence of circumstances indicating that he is unable to fulfill monetary obligations and/or the obligation to pay mandatory payments on time, while the citizen meets the signs of insolvency and/or signs of insufficiency (clause 2 of Article 213.4 of the above-mentioned Federal Law).

Today we propose to consider this interesting topic, as penalties for late payment on a loan. We’ll tell you in the article what the threat is, from what day is the loan overdue and what all this is fraught with.

Delay - what is it?

During the term of the loan agreement, you pay a certain amount to the bank every month. The creditor has set a day on which the automatic system “looks” into the account and debits this money. But then one day your salary was delayed, you left town, or you simply forgot to put money into your credit account.

The bank, as usual, on the appointed day and time (usually 21.00) accesses your loan, but does not find an amount sufficient to write off. From this moment the delay begins. Now the system will check the account daily, hoping to see the required amount on it.

How many days are considered overdue on loans?

The countdown of overdue debt begins from the first minute of its occurrence. The difference will be felt later, depending on the length of the delay. If the loan is overdue for 1 day, the consequences are almost unnoticeable, but if the loan is overdue for 1 month, what will happen... But, first things first.

Delay is any deviation from the payment schedule, for which, according to Article 330 of the Civil Code, there is a penalty in the form of a penalty. There are 2 types of penalties:

• The fine for late payment on a loan is a one-time sanction with a fixed amount determined loan agreement(on average – 800-1000 for the first delay, 1000-2000 for the second, and so on in increasing order);
• Penalties for late payment on a loan are calculated based on the actual number of days of delay, usually in the form of a fixed percentage.

By law, the amount of the penalty must be 1/360 (0.03% in total) or another percentage agreed upon by the parties. Of course, banks use the second option and write down their numbers in the contract.

For example, Sberbank charges 20% per annum of the overdue amount for each day until it is paid. Let's say you took out a mortgage with a monthly payment of 15 thousand. A loan delay of 5 days will cost you 15,000*20%/365*5 = 41 rubles. The amount may be small, but the consequences that affect the quality of your credit history are more dire.

Terms and punishments

1-10 days

The first 10 days are considered a technical delay, which could arise even through no fault of the client: for example, a payment through a terminal, another bank or Russian post may very likely be stuck for up to 10 days. This fact will be reflected in the CI, but if it happened once, you will not experience much difficulty in obtaining a new loan.

10-30 days

After 10 days, the first fines begin to appear, the amount of which increases over time. At this time, the credit specialist who filled out the application may call you and remind you of the need to pay.

30-60 days

The loan is almost 2 months overdue. What can the bank do?

• Increase the amount of the fine
• Continue calculating penalties
• Connect your own collection service.

The main thing in such a situation is not to hide from calls from bank representatives, but to try to explain the reason for the situation. By making contact with the bank, you can, firstly, count on, and secondly, avoid further consequences.

60-90 days

The loan is overdue for 3 months - what can the bank do:

• Fines and penalties continue to accrue
• Persistent security calls
• Requirement for complete early repayment
• Threat of trial

If over the course of 3 months the bank and its employees have failed to bring the unscrupulous client to reason with fines, penalties and warnings, and the account has not been replenished, the bank puts forward a demand for full early repayment, threatening to take the case to court.

Advice from the site: to prevent the case from going to court, ensure minimal movement on the account: put at least 50 rubles on the loan: this will no longer be considered a complete, but a partial failure to comply with the bank’s requirements. Thus, you will be able to delay the trial for up to six months.

90-150 days

If the loan is already 4 months overdue and you have never topped up your account, the bank’s demand is sent to court, a hearing date is set, which usually falls on the day when the loan is overdue for 5-6 months.

What should the client do: appear at the hearing (usually 1% of borrowers go there) and tell about his bad financial situation, difficult life circumstances, etc., supporting the words with evidence (dismissal order, certificate of death of a close relative, medical report of illness, report of a fire in a residential property owned, etc.). Embellish the events a little, and the court may charge you a good half of the accrued fines.

Speaking of fines: from this moment (the case is transferred to court), the bank stops charging penalties and penalties.

What's next?

In any case, the court will not write off your debt (with the exception of a counterclaim for bankruptcy of an individual). However, you will now be paying off the debt in proportion to your income (for those who are employed, the amount of unemployment benefits is unofficially applied to the calculation of unemployment benefits).

In some cases, you may be lucky: if the loan is already overdue for 3 years, and the bank has not yet filed a lawsuit, there is a question about the claim.

Based writ of execution, the bailiffs begin to besiege the client for repayment of the debt from personal property. Having seized everything that is permissible, the bailiffs report, and the bank... From this moment on, a new “fairy tale” begins: threats, constant calls, “working out relatives,” unplanned personal meetings and other relics of the methods of the 90s.

Help with loans with a large overdue amount

Not many cope with the pressure and give in to the persistence of debt collectors, who, as a rule, work outside the jurisdiction of the law. In this case, it is best to enlist the support of a good lawyer, or, as they are now commonly called, an anti-collector.

A competent specialist can prove the fact of pressure and recover material damages from the offender, which will be enough to cover the debt.

When a borrower signs a loan agreement, he expects that he will fulfill the obligations assigned to him by the bank, unless he is a fraudster and does not intentionally take out a loan without repayment.

A person may be convinced that he will repay the loan on time, or simply rely on chance, but life circumstances may not be in his favor, and the repayment deadlines may move further and further away from the loan payment date - depending on the “severity” of these circumstances. As a result, the loan becomes overdue. How does it threaten the borrower and what should he do in this case? What consequences may it have depending on the period of the overdue debt on the loan (loan)? You will find the answer to these questions in our article.

Minor (technical) loan overdue: from 1 to 5 days.

Delays in loan repayment from 1 to 5 days can really be called insignificant, or technical. The borrower could have forgotten and made the payment later than the loan payment date specified in the agreement, or he deposited the money exactly on time with his partner (for example, on payment terminal), but did not calculate that the translation would take several days. As a result, the delay in the seemingly timely payment turned out to be 2 or 3 days.

It’s good if the payment was made not before the weekend, but at the beginning of the work week, and everything went smoothly, without additional delays in the transfer. Otherwise, the situation with late payment may worsen even more.

Such small delays in payments pose virtually no threat to the borrower, but only on the condition that this is the first violation, and with the proviso that this applies to the bank with which he has a loan agreement. The point is that the bank, in accordance with the law on credit histories, will send information about the fact of repayment of the next payment to the credit history bureau (BKI). And it doesn’t matter if there was a delay of one day, two or three - it will definitely be reflected in the credit history (CI) of the borrower. When he applies for the next loan, the credit institution will definitely request his “credit dossier”, or it will be calculated based on his CI data. And how a potential creditor will react to these minor “sins” is unknown to anyone except him.

To avoid delays in loan repayments, companies use automatic SMS notifications that remind the client of the due date of payment. Also, SMS can remind you of the need for payment in case of delay. For forgetful people, this really works.

The bank spends its money on such reminders and will definitely not turn a blind eye to deviations from the terms of the agreement. For overdue loans, even minor ones, the bank will charge a penalty or fine. A penalty in the form of a percentage of the amount of the outstanding debt will be charged for EVERY DAY of delay, and a fine is usually punished for the very fact of delay. The fine is precisely needed to prevent clients from making minor delays (it usually stings more painfully). Moreover, some banks increase the amount of the fine for each fact of delay in loan repayment. You don’t have to run far for an example - Tinkoff Bank charges exactly these fines on its credit cards. By the way, take a look at a very informative article about.

In cases where the borrower violates the terms of the loan agreement with enviable consistency, he may have problems with the bank itself. They will simply take note of it, and this can ruin the relationship with the lender, affect the cost of future loans from this bank (if they are given at all) and deprive them of other benefits - in such cases one cannot expect loyalty from the institution.

Often, loan agreements may contain clauses on early repayment of the entire loan amount in the event of periodic violations of the payment schedule. Such a principled approach is practiced extremely rarely; after all, the bank wants to benefit from the loan issued, but precedents exist.

What to do to avoid lender suspicions and penalties? For this it is recommended:

• carefully study the loan agreement and not violate the payment schedule;
• have an understanding of fines and other penalties;
• develop the habit of making monthly payments 2-3 days before the payment date and choose those bank partners from whom the transfer will arrive instantly or within a business day (it is better to do this at the bank itself, but it is not always convenient);
• if you understand that a delay in repayment cannot be avoided, then warn your manager or email/call your lender and describe your still minor problem.

Situational overdue loan debt: from 6 to 29 days (up to 1 month)

The cause of “situational” delay may be various unforeseen circumstances. Often, borrowers do not repay payments for reasons beyond their control: delays in wages, business trips or departures for personal reasons, sudden illnesses, unplanned expenses, etc. All of these are partly force majeure reasons that force the client to break the “rules of the game.” As a rule, there is no fraudulent intent here; people simply do not have “free” money or time at the time of the repayment date. Or they set priorities in such a way that payments to the bank are relegated to the background (after all, they need something to eat).

With such periods of overdue loan debt, banks begin to bother the debtor more actively. Employees of the credit department are involved in working with debtors. Their responsibilities include monitoring the timely payment of the loan and other related payments (insurance, fines, etc.). Specialists contact the debtor by telephone in order to inform the borrower about the presence of overdue payments, find out the reasons for non-payments and clarify the timing of debt liquidation. Usually such calls are made at least once a week.

This approach is not typical for all banks. If no one is bothering the borrower, then you should not hope for chance - the credit department simply could not get around to the debtor, and sooner or later they will take care of him. Again, we must not forget that the outstanding amount is already subject to a penalty, which is clearly not to the benefit of the borrower.

On the Internet you can find the opinion that the bank, by delaying contacting the debtor, thus makes money on the penalty. But in reality, banks do not need this hassle with overdue debts. The more of them, the worse the bank’s performance in its reports to the Central Bank of the Russian Federation, the main financial regulator, and this can lead to the deprivation of its license. Therefore, getting rid of debts is one of his most important tasks.

What should a borrower who finds himself in such a difficult situation do? There is only one way out: pay the penalty (penalties + fines) and try not to delay the payment of the “body” of the loan. Why do you need to pay off the penalty in the first place? The fact is that the bank repays the debt according to the following scheme: first of all, fines and penalties are written off from your payment, secondly commissions, then interest and, last but not least, the body of the loan itself (for detailed information). If you basically extinguish only the body and not a ruble more, then you will aggravate the situation even more.

So, at this step it is very important to demonstrate your integrity to the bank:

• notify the bank about a possible problem in advance in person, by phone or by sending a written statement that explains the situation in detail and provides evidence of its exceptionality;
• Involve your family and friends in regular loan payments - ask them to make the payment for you within a certain period of time. Don't forget to provide them with money and repayment instructions;
• contact the lender's representatives. Don't prevaricate, just tell it like it is. Your task is not only to convince loan specialist in your intention to pay off the debt, but also to do so;
• if you are a client of an microfinance organization, but activate the service. In fact, this is a legal deferment of payment.

Problematic delay and its consequences: from 30 to 90 days (up to 3 months)

If the debtor delays payment for such a period, then this indicates a loss of control over the situation: either the person for some reason began to evade fulfilling his obligations, or the financial situation has really deteriorated so much that there is simply nothing to pay with. The borrower begins to slide into a hole of debt, where he can stay for a long time, and getting out of there will be much more difficult than at the current stage. That is why it is worth making every effort to find funds, and not giving up and “rolling along the beaten track.” Read what to do when you have nothing to pay a loan.

For the bank, this is a clear signal that the debt is entering a problematic stage and it is necessary to take active steps to return it (or at least to “save” part of the funds). Work with such a client begins to be carried out by someone who is already specialized in the form of “soft pressure”. You may also come across boorish people - mostly former representatives of law enforcement agencies, but, as a rule, their task is not to scare the debtor, but to put themselves in his position and suggest ways out of the current difficult situation.

There will be more calls at this stage, the person will also be invited to the bank’s office for a conversation, the purpose of which will be to clarify the timing of repayment of all or part of the debt.

The client may be offered various options for solving the problem:

• debt refinancing by taking out a loan from another bank and paying off existing debt (on-lending);
• debt restructuring;
• cancellation of penalties subject to repayment of the loan balance, deferment is possible. As an option, return half of the loan body now, and split the other half into equal parts;
• extension (prolongation) of a loan with a reduction in monthly payments.

In such a situation, one must understand that the debtor has not only obligations, but also rights. In principle, any debtor can bring the matter to court by ceasing communication with the bank, and no one has the right to put pressure on him. But it’s better not to “stand up”, but to meet halfway and look for a compromise:

• do not avoid communicating with representatives of the collection department;
• answer questions politely and as fully as possible;
• respond adequately to psychological pressure, drawing attention to the inadmissibility of such influence.

Telephone calls are just a routine routine for debt management specialists. Having received calm and intelligible comments in response to debt claims, the bank employee will most likely stop the pressure for a while.

You will have to come to terms with the fact that they will pester relatives, work colleagues (they will notify their superiors), call all available telephone numbers, scare them with various problems (blacklisting, inability to travel abroad, selling debt to collectors, future problems with lending, etc. .d.).

All this is not so scary, besides, the debtor is quite seriously protected by the state, look, for example, it also applies to the work of the bank collection service.

To show your desire to move towards solving the problem, it is recommended to contribute the amount available to you once a month to pay off the debt. At the same time, save your receipts; they may be useful to you in the future.

It is necessary to understand that banks will strive to solve the problem of debt repayment out of court - this way there is less red tape and it is cheaper. It is always better to solve problems peacefully.

An unscrupulous borrower who shows initiative and strives to eliminate negativity will definitely be heard. Don’t be afraid to notify the bank yourself about financial difficulties. An excellent recipe in a difficult situation: write a statement, highlight the situation in detail and indicate an acceptable option for repaying the debt.

By the way, insurance, so disliked by many, could help in such situations. If the circumstance that happened to you is an insured event, then Insurance Company will be obliged to repay your debt to the bank. Therefore, it is worth thinking about whether it is worth abandoning it?

Long-term overdue: from 3 months

A delay in payment that lasts for 3 months, six months or more indicates that the debtor is unlikely to repay the debt of his own free will. The bank has only two options: collect the debt through the court or assign the right to claim the debt to a collection agency that specializes in “squeezing out” debtors. But until this happens, active work is being carried out with the borrower, as before.

The borrower (including the guarantor, if there is one) will receive an official letter from the bank with demands to repay the debt and warnings about problems that may arise if the obligations under the agreement are not fulfilled. There may be several letters: with each of them the “degree” of intimidation will only increase. They usually scare me with the court and debt collectors. Credit structure It’s not difficult to understand, because over such a long period the bank has already managed to apply all possible leverage to the offender.

The trial is usually preceded by the final stage of negotiations. It is at this stage that it is important to try to regain control of the situation into your own hands. If possible, use the support of a lawyer and enter into correspondence with the bank. The dialogue must be conducted in writing. Information on how to write a letter can be found on specialized websites on the Internet. Please note that bank responses must contain actual signatures, not facsimiles, and letters must be “secured” with wet (blue) seals.

Sample plan for an application to a financial institution:

1. Cap: Position, full name of the addressee (it is important to address a specific person);
2. A detailed description of the problem that caused the delay;
3. Copies of documents that can serve as evidence of the exceptionality of the circumstances that have arisen (certificates from the place of work, orders from superiors, Bank statements, receipts, bills, prescriptions, etc.);
4. Request for a response in writing and your desire to pick it up in person at the bank;
5. Proposals for a plan for your further actions in repaying the debt.

Request a copy of each copy of correspondence with a mark of registration with the bank indicating the date and full name of the employee who accepted the application. Save all correspondence.

If the bank insists on implementation collateral property(if it is included in the contract) in a pre-trial manner, there is no need to rush. To avoid problems and possible fraud, it is better to wait until the trial. Although in some cases, the extrajudicial sale of collateral will make sense, provided that it is properly assessed and its market value is compared with the amount of debt.

If the bank has ceded the right to claim the debt to debt collectors, then essentially nothing changes for the debtor - the amount of the debt remains the same, in accordance with the terms of the agreement that it concluded with the previous creditor - the bank (nuances at the above link). By the way, collectors can work not only under an assignment agreement, but also under. In this case, the collection agency acts as an intermediary and does not have any rights of claim; it only helps the bank to collect the debt. You can find out the “status” of collectors by asking them for documents (notification letter, copy of the agreement), which they must provide to the debtor in accordance with the legislation of the Russian Federation.

What are the dangers of long-term loan debt?

So, your loan debt was “sold” to collectors under an assignment agreement, or the bank decided to take the matter to court. In the first case, as mentioned above, nothing will change for the overdue person, except that they will press on him more persistently. Debt collection is the main business of debt collectors, and they can go to great lengths to obtain benefits. Fortunately, the topic of collection arbitrariness is widely covered in the press and on television, and quite severe laws have been adopted to limit the activities of collection agencies. If you are faced with boorish treatment and a violation of ethical and moral standards,...

In the second case, the debtor awaits trial. The court is more likely to make its decision in favor of the creditor, and now the state, represented by bailiffs who can foreclose on movable and real estate the debtor, for household appliances, for luxury goods, in general, for any liquid assets, with some exceptions. Alternatively, the debt will be deducted from the debtor's salary.

In a number of cases, the court may meet the debtor halfway by awarding payment only of the loan body without an accrued penalty, in accordance with Article 333 of the Civil Code of the Russian Federation. This is possible only if there is a clear disproportion of the penalty to the consequences of breach of obligation, and this must be proven.

In any case, the court will fix the exact amount of the debt, which will have to be paid (with the help of bailiffs).

There are other options for solving the problem. One of them is to initiate the procedure. But if you become more familiar with its nuances and limitations, you will understand that it is better not to mess with bankruptcy - it is a “toy” for rich debtors (and there are such...).

And finally, you can use it for your own purposes. It lasts 3 years from the last contact between the bank and the client, and after it the bank is unlikely to be able to win a court case to collect overdue debt. But with him, too, not everything is so simple, although if you are ready to change your name and “lay low” by moving to a remote village, then perhaps everything will work out for you.

Each borrower, regardless of which credit program he participates in, is obliged to deposit monthly, on time, into the bank account of a financial institution. monthly payment(the schedule is calculated individually and issued to the borrower along with the loan agreement). If a bank client experiences financial difficulties, for example, a delay wages, unexpected illness, death of a close relative, and he will not be able to make the payment within the specified period, the bank will define this as late.

Do banks charge fines for late loans?

Every borrower who is in arrears on a loan tries in any way to delay its repayment, especially if he is experiencing financial difficulties at this time. After the appearance the required amount Money responsible clients strive to fulfill their loan obligations as quickly as possible. They will be encouraged in this matter by penalties and interest that the bank will charge on the overdue amount.

Financial penalty credit institution accrued in several ways:

1. Accrued penalty in the usual amount (it cannot be affected by either the size of the debt or its term).
2. Interest is charged for each day of delay (cannot be less than the refinancing rate). Some banks stipulate in contracts the terms for calculating penalties for late payments, which can be several times higher than the interest rate on the loan product used.

Federal legislation of Russia provides for punishment for individuals who have violated obligations under credit programs. In accordance with the regulations Civil Code(Article 330), for deviation from the monthly payment schedule, financial penalties may be applied to debtors:

In accordance with the norms of Federal legislation, banks may apply the following interest rates when determining the amount of the penalty:

• 0.03% refinancing rate (1/360);
• other interest rate, about which there is a written agreement between the parties.

The calculation of penalties for an overdue loan can be considered using the following example:

• An individual has decided to take out a mortgage loan with down payment 20,000 rubles.
• The financial institution charges 25% per annum on these types of loans.
• The borrower has a 5-day delay, for which penalties will be charged: 20,000 x 25% / 365 x 5 = 5,000 / 365 x 5 = 13.70 x 5 = 68.50 rubles

Overdue loans - how long can you delay payment?

If the bank client does not have the required amount of money on hand to pay the monthly payment, he can try by legal means defer the accrual of penalties:

1. Make an appeal to the management of the financial institution, asking for loan restructuring if there is not enough money to make the monthly payment. To do this, you need to write an application and indicate in it the reasons for your current financial insolvency (for example, your wages were cut). If the bank's management makes concessions to the client, then the amount of his monthly payment will be changed downwards, but at the same time the term of the loan program will be increased. When submitting an application, you must attach supporting documents.
2. In the event that the borrower has a difficult financial situation due to which he will not be able to make monthly payments to the bank for several months, he should contact management and ask for credit holidays. If the financial institution accommodates its client, he will be able to pay nothing at all on the loan for 2-3 months. Today, due to the unstable economic situation in the country, many Russian banks practice credit holidays for their borrowers. For consumer credit products this period can be from 1 to 3 months, and for mortgages and car loans from 6 to 9 months.
3. If individual violated the monthly payment schedule and the bank began to apply penalties, he should make an appeal to management with a request for a deferment. If a positive decision is made on the application, the creditor may cancel previously accrued fines and penalties.

The loan is overdue for 3 months - what can the bank do?

Every year, Russian banks have an increasing number of problem clients. As a result, financial institutions are forced to develop methods of “fighting” debtors:

How many days is the loan overdue?	Bank actions
from 1 to 7 days	On mobile phone the borrower will receive SMS messages reminding them of the need to make a monthly payment (some banks notify clients over the phone about a missed payment)
from 1 to 4 weeks	The number of phone calls from the bank will increase several times
from 1 to 3 months	Phone calls will become more frequent, and bank employees will talk to the defaulter in a more formal tone and persistently demand repayment of the debt
from 3 to 6 months	Collectors, who often behave in violation of legal and ethical standards, can be involved in solving the problem.
from 6 to 9 months	If the creditor’s representatives were unable to agree with the debtor on repayment of the arrears, then they draw up statement of claim and submit it to court (as practice shows, such cases are considered very quickly, and decisions are often made against them in favor of the borrowers). In this case, an individual will not need to be surprised if other financial institutions do not even tell him
after 3 years	If 3 years have passed since the last contact with a bank representative and during this time the debtor has never been summoned to court, then the statute of limitations has expired for his debt

Advice: some borrowers may try to mislead bank employees about their good intentions to fulfill loan obligations. If in the end the debt is not repaid due to their constant transfer, then after a few months they will no longer believe the debtor and will take more radical measures.

What can a borrower expect if he is behind on his monthly payment?

Each borrower who is in arrears under the loan program must act as follows:

1. From 1 to 3 days of delay. Such debt should not affect the borrower's credit history if he quickly deposits the money into the lender's account. Banks, as a rule, do not attract large resources to work with such clients, since a few calls from financial institution employees are enough to force the debtor to fulfill its obligations. Some banks impose fines and penalties for such violations of payment discipline, which do not exceed 300 rubles. The borrower can independently carry out all the calculations if he does it right away, the formula of which is on thematic web resources.
2. From 2 weeks to 1 month of delay. Typically, such debt arises due to unforeseen life circumstances, such as delayed wages or illness. The borrower needs to quickly repay the debt, to which, most likely, the bank will add a fine and penalties. If the financial institution gives a short deferment, the client may be able to avoid additional costs. In this situation, it is important to contact the bank in a timely manner, answer all calls from its employees, and determine the date for repayment of the overdue payment.
3. From 1 to 3 months of delay. If a client of a financial institution has such a delay, then, most likely, his issue will be dealt with by the lender’s non-financial specialists. In the best case, the debtor’s case will be transferred to the bank’s security service, and in the worst case, to collectors. In such a situation, the borrower should under no circumstances hide, otherwise he may be recognized as a fraudster and require law enforcement agencies to initiate criminal proceedings. Debtors should not react to provocations. They need to clearly explain to the bank representatives the reasons for the delay. If they manage to convince them of their good intentions, then perhaps the debtors will not be bothered with calls for some time. The best solution would be to contribute at least a small amount of money each month to pay off the debt. It is extremely important to keep all receipts, as they may ultimately be used as evidence in court if representatives of Themis are involved in resolving the conflict. Correct it later credit history such borrowers can be helped, for example, by the program.
4. From 90 to 150 days of delay. If during such a time the borrower has never contributed money to repay the debt on the loan, then most likely he should prepare for legal proceedings. As practice shows, the hearing date coincides with the moment when the delay reaches 5 or 6 months. In this case, the bank client needs to seek qualified legal assistance. By signing an agreement with a highly specialized lawyer, the debtor can delegate all important issues to him. If the lawyer is good, he will be able to get the court to write off most of the loan debt. He will also tell the client, .
5. Delay exceeding 3 years. In this case, the debtor no longer needs to avoid communicating with the bank. The delay falls within the deadline limitation period, and all financial claims of the bank against the client will be canceled.

How to properly write an application to a bank?

When drawing up an appeal to the bank management, the debtor must briefly and succinctly state the essence of the problem. The application must contain the following sections:

1. A cap. Here you need to indicate both your and bank details, as well as the manager’s full name.
2. The reason for the delay is described, documents that can confirm the unintentionality of the debtor’s actions are indicated.
3. If necessary, calculations are made and debt repayment terms are indicated.
4. The debtor can offer his own options for solving the problem (for example, having studied banks, he can find a lender who will allow him to take part in refinancing).
5. Signed and dated.

Advice: The application must be accompanied by copies of all documents mentioned in the application. One copy should be given to the secretary, and on the second you should ask him to put an acceptance stamp.

Bankruptcy - a solution for debtors?

Starting from July 1, 2015, a law came into force in the Russian Federation that allows individuals with a large number of loan debts to undergo bankruptcy proceedings. This will allow them to get rid of the heavy credit burden and start living in peace.

Debtors who plan to take advantage of this law should be aware of some nuances:

• to go through the bankruptcy procedure, the debt must exceed 500,000 rubles;
• a statement of claim to initiate bankruptcy proceedings must be filed by a creditor;
• the debtor will not be able to leave the Russian Federation as long as the legal proceedings are ongoing;
• only the court can determine what of the debtor’s personal belongings will be put up for auction to pay off the overdue loan debt;
• the court determines a 3-year period during which the debtor has the right to repay his debt to the bank (for this he can sell all property except housing).

The worst case scenario for the debtor

If negotiations between the bank and the debtor do not bring the desired results, the creditor begins to act more radically:

1. Sells the debt of an individual collection agencies. In this case, the borrower needs to be prepared for constant calls and visits from collectors who, in addition to persuasion and threats, may also resort to more unconventional methods of “knocking out debts.”
2. Applies to court to collect overdue debt. In this case, the debtor may be declared insolvent and declared bankrupt. If he has personal property, it will be put up for auction, and the proceeds will be transferred to pay off the overdue loan and pay legal costs.

If signs of fraud are revealed in the actions of the debtor, then criminal proceedings may be initiated against him. In this situation, the borrower will most likely be charged with Article 159 of the Criminal Code of Russia, which provides for imprisonment. If the debtor did not hide from bank employees and always entered into dialogue with them, then even with a large delay, no signs of fraud will be revealed in his actions.

Advice: borrowers whose debt amounts to more than 1,500,000 rubles will be liable to the law under Article 177 of the Criminal Code of Russia. Willful defaulters, whose guilt is fully proven, face imprisonment for up to 2 years.

What to do if the bank filed a lawsuit and received a decision in its favor?

In most cases, representatives of Themis take the side of creditors in matters related to debt collection from borrowers. After the relevant decision is made, the court decision is transferred to the enforcement service, whose employees must send a written notification to the borrower before the visit. If the debtor refuses to comply with the court decision, then the bailiffs will come to him at his registration address and describe his personal property. After the seizure, items (except for those that are prohibited by law from being described) will be put up for auction.

Can a bank make claims against relatives of debtors?

Relatives of defaulters can sleep peacefully, especially if they did not participate in the loan as guarantors. If employees of the bank or collection services call or pay them visits, then in this situation they will be protected by the Constitution and Federal legislation Russia. The situation will change slightly if there is a delay in payment mortgage loan, since in such programs the spouses of the debtors act as co-borrowers and share all responsibility with them.

The bank can contact the debtor’s relatives in the event of his sudden death. This will be done in order to identify the heir of the person who took out the loan, who will assume the debt obligations. In this situation, the only way for the successor to avoid repaying the arrears is to renounce his rights to the entire inheritance.

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If the individual who was issued or any other credit program, does not want to have any problems with the bank, it is obliged to fulfill its financial obligations in a timely manner. If he is in arrears on his loan, he should not hide from the bank, as this will lead to disastrous consequences. It is best to contact management yourself, explain the reason for the temporary financial insolvency and ask for a deferment. As a rule, banks show leniency towards such clients and offer various options for solving the problem.

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