This summer, the whole country was wondering what would happen to a resident of Voronezh, who rewrote an agreement with a bank and demanded compensation of 24 million. Fortunately for the parties, the conflict was resolved “in a gentlemanly manner,” unfortunately for lawyers, the precedent was never resolved in judicial procedure, which means it is not possible to find out who was right and who was wrong in this situation. Be that as it may, the “audience award” will definitely go to the Voronezh resident who was able to outwit the bank.

The desire to deceive the bank is perceived almost as an attempt to restore global justice. However, following this desire, you become not Robin Hood, but a banal swindler. Many people today still have no idea what will happen if they deceive the bank.

Trust but verify

Don’t think that banks will take your word for it. Each credit institution has its own security service, which will certainly check absolutely all documents received from the borrower. If necessary, they will call your work, your spouse, or contact the credit history bureau to find out if you have obligations to other banks.

Of course, there are banks that give loans without guarantors and without proof of income. But it is unlikely that you will be able to get a large sum under such conditions. Most likely, the first time they will only give you a small loan at a high interest rate, so as not to take risks and get an idea of ​​the borrower.

There are also exceptional cases when, for example, in the case of a Voronezh resident, due to some problem or someone’s oversight, the client still manages to deceive the bank. But, in most cases, this backfires on him.
Crime

When applying for a loan, some borrowers are so afraid of being rejected that they begin to lie in their answers to questions, naively believing that if the truth is revealed, the worst thing they will face is a refusal to receive a loan. Some even turn to companies that offer so-called “loan assistance,” but in fact simply prepare fake certificates. For only 8-9 thousand, an unemployed person can be turned into an employee of some company with a solid income on paper.

There are also those who, in order to obtain a new loan, are ready to take a completely extraordinary step - change their last name and passport. And not just change it, but do it twice, so that the stamp about changing the document does not contain information about the name that spoiled the credit history.

In fact, even an insignificant lie, in the client’s opinion, can forever ruin his reputation and credit history. And the fact that the bank considers such a client unscrupulous is not the worst thing. The fact is that, according to Article 159 of the Criminal Code, defrauding a bank is a real crime.

And punishment

If the fraud was discovered even before the contract was signed and the amount is not colossal, the bank most likely will not waste time on court proceedings and will simply refuse the loan, putting you on the so-called “black list”.

If the terrible truth is revealed after the agreement with the bank has been concluded, or even worse, a loan has been issued, and there is already a delay on it, then for the client everything can end in criminal prosecution. The minimum penalty for defrauding a bank is 120 thousand rubles or restriction of freedom - a written undertaking not to leave. For fraud you can get a real sentence of two to ten years in prison.

So remember, there is only one case when a client from Voronezh managed to deceive the bank (although he never received 24 million), and cases when people throughout the country are arrested for trying to deceive the bank, for example, by taking out a loan using someone else’s passport, happen every week. So learn to trust banks and justify their trust.

Today, a huge number of people live on credit. Someone decides to take out a loan to make a large purchase. Others borrow money for travel, weddings or treatment.

All bank clients can be divided into two categories: some try to pay off their obligations in good faith, others are looking for a way not to pay the loan and leave the bank without serious consequences.

There are many reasons why a borrower does not pay a loan: layoffs at work, illness, other difficult life circumstances, or a simple reluctance to part with the money they have earned.

There are several ways to legally avoid the obligation to repay a loan. Depending on the option, the borrower will not pay interest or repay the loan at all.

These methods include:

• peaceful settlement of issues with the bank (restructuring, refinancing, deferment);
• application of the statute of limitations;
• searching for loopholes in the contract;
• declaring the borrower bankrupt.

Peaceful settlement

If the question of how not to pay a loan and interest on it arose due to difficult life circumstances, it would be best to try to negotiate peacefully with the bank where the agreement was drawn up and officially obtain permission not to repay the loan, at least temporarily.

The reason why the bank agrees to make concessions is that if the case goes to court, the creditor may lose not only time, but also interest.

After all, the court has the right to cancel fines and penalties, as well as fix the amount of the debt.

Most often, credit institutions offer the following options to their borrowers:

• Debt restructuring usually involves increasing the loan term in order to reduce the monthly payment;
• refinancing is the registration of a new loan, which is used to pay off debt;
• If payment is deferred for a certain period, the borrower only pays interest.

Use of statute of limitations

The law establishes a statute of limitations for claiming a loan debt. It is equal to three years. It turns out that knowledge of this principle is another option for not officially paying off the loan.

The moment for counting the limitation period is the last contact with the borrower. That is, in order to use this principle to refuse to pay a loan, you must avoid any contact with the bank: you cannot answer calls, open the door to employees, or accept registered letters.

If contact does occur, the statute of limitations will start counting again.

Relatives, if bank employees contact them, must claim that they do not know where the person who issued the loan is located. If no borrower is found within three years, the debt will be written off.

Finding loopholes in the contract

The Central Bank of Russia imposes requirements on credit institutions to issue loans. So, by law, the bank must provide the client (preferably in an appendix to the loan agreement, which the borrower signs before taking the money) the following information:

• information about the lending schemes existing in the institution with their comparison;
• calculation of the total cost of the loan, taking into account all expenses and insurance, including effective interest;
• detailed analysis of loan repayment schemes;
• conditions for early loan repayment.

An important condition is that the bank does not have the right to issue a loan at all if the amount of the monthly payment exceeds fifty percent of the borrower’s salary.

Oddly enough, banks rarely comply with the above requirements. In an effort to lure a client in any possible way, employees try to hide as many disadvantages as possible of each lending scheme; most of them do not require proof of income at all. This especially applies to credit cards.

To use this method of not paying a loan, you should go to court. The claim must describe in detail all violations of the law committed by the bank when issuing the loan.

If the court decision is in favor of the borrower, interest on the loan can be deducted from the amount of debt, or taken as monetary compensation. You will still have to pay the loan amount. It will only be possible to do this for several years.

At the same time, they may be forced to pay no more than twenty percent of the official wages monthly in payment of repayment.

How to avoid paying off a loan by declaring yourself bankrupt?

Since 2015, in Russia, borrowers have the right to refuse to pay a loan by going through a bankruptcy procedure. This option can be used if a citizen has unfulfilled obligations in the amount of at least five hundred thousand rubles.

To declare bankruptcy, the borrower must submit an application to the judicial authorities.

If bankruptcy was chosen as a way to avoid paying the loan, you will have to be patient. The process is lengthy and includes the following steps:

• drawing up a debt repayment schedule;
• seizure of material assets;
• sale of property;
• transfer by the debtor of funds on all bank cards to the manager;
• directing the funds received to pay off the debt.

If a citizen does not have any property, or its value is not enough to fully repay the debt, it will be written off. It turns out that if a citizen is declared bankrupt, he will not have to repay the debt and will be able to cheat the credit institution.

It is important to understand that this procedure has a number of disadvantages:

• bankrupt individuals cannot manage any organizations for three years;
• You cannot take out new loans for 5 years;
• within five years it is impossible to declare oneself bankrupt again;
• Travel abroad may be temporarily restricted.

Borrowers who are starting to look for a way to avoid paying a loan legally can be given a number of recommendations:

• if difficulties arise, it is advisable to immediately notify the bank to try to resolve the issue peacefully;
• the borrower should try to persuade the bank to reduce interest rates, increase the term, or provide a deferred payment;
• you can try to take out a loan for refinancing from another bank in order to improve the terms of debt repayment;
• For those who have finally decided to leave the bank, we can recommend re-registering all property rights to relatives in advance.

You can turn to the so-called anti-collectors, reviews of which are available on the Internet. They will help the borrower understand the nuances of waiving their obligations to repay the loan. In court, such organizations act on the side of the borrower and try to turn the matter in the most beneficial direction for the debtor.

It is important to understand: despite the fact that there are quite a few ways to avoid paying a loan legally, all of them are difficult to implement. You will have to spend a lot of time and effort before the result is achieved.

In addition, refusal (even a completely legal one) to repay a loan has a number of negative consequences. This includes both the possibility of judicial transfer of funds and property of the debtor to pay for the loan, and the inability to obtain a loan in the future.

Moreover, refusal to repay a debt, as well as providing false information, are considered fraud in Russia. Such actions generally result in criminal liability.

Therefore, when deciding to take out a loan, it is important to soberly assess your capabilities. If you are not sure that the loan will be repaid, it is better to refuse the desire to take it out.

Citizens use banking services regularly, because applications can be submitted online while sitting at home. Car loans, mortgages, cards, foreign currency, and consumer loans are in great demand. A financial crisis and personal circumstances can change the financial situation of the borrower. In this case, citizens do not know what to do with their debts.

How not to give a loan to the bank

If your financial situation has sharply worsened and you cannot pay the balance of your debt to a financial institution, it is recommended that you contact your bank. The company is interested in you being able to fully pay the debt, so it should accommodate you. Serious financial structures such as Russian Standard, Alfa Bank or Tinkoff offer clients several options for solving such problems:

1. Restructuring is a revision of the payment period, resulting in a reduction in the amount of the monthly payment.
2. Loan refinancing. You can contact another financial institution, for example, Renaissance or Privatbank, where they provide such a service. You will be issued a new loan, which will allow you to pay off debts on existing loans. At the same time, you pay interest on the new loan for one year, and you will begin to pay off the main part of the debt when your financial situation improves.
3. Deferred payments are not offered by all organizations. At the request of the client, the bank can postpone the payment for a month without accruing penalties and fines.

The listed methods are suitable only for citizens who have non-payments for 1-2 months. A timely contact with the bank confirms the client’s integrity and helps to avoid negative consequences. However, some companies do not make concessions to citizens, demanding loan repayment, imposing huge fines and making threats. Borrowers are forced to think about how to deceive the bank. There are ways to avoid paying a loan while remaining clean before the law, but they require a lot of effort and patience.

First of all, it is recommended to seek advice from an experienced lawyer. Some provide them for free. Studying the loan agreement and the terms of loan insurance can give good results. Sometimes a transaction can be considered fictitious, or it can be proven that the debtor is bankrupt. Having serious reasons for non-payment, supported by documents, can save you from fines and threats from a credit institution.

Legal ways to avoid paying a loan

In order to borrow a certain amount, as a rule, citizens have to take out insurance. It will be useful to those who are thinking about how to avoid paying a loan. Some insurance companies, such as Casco, take on the responsibility for paying the loan in the event of loss of health or work. However, before fulfilling this condition, the company will definitely check the defaulter.

Another option for not paying the loan is to wait for the trial. This will not completely free the borrower from debt obligations, but this solution has many advantages:

• you won’t have to pay fines;
• no need to endure extortion and threats from collection agencies;
• the debt will be collected in small installments from wages.

Almost all banks, be it Kaspi, Rusfinance or Cetelem, sin by passing on information about their clients to collectors. On the territory of the Russian Federation, such actions are a violation of the law. This threatens the credit institution with revocation of its license if there is no written permission from the borrower. Not paying a debt to a company with which a loan agreement was not concluded is everyone’s legal right.

Wait until the statute of limitations expires

Is there one way out for those who are thinking about how to officially not pay the loan? You need to stop interacting with the credit institution:

• ignore phone calls;
• do not respond to letters;
• do not meet bank employees in person.

Loans have a legal statute of limitations, which starts from the moment of the first late payment and is three years. If during this period the bank does not contact the borrower, then after the time has elapsed, the debtor will not be able to file a claim. Each new contact with a bank employee is the beginning of a three-year period, after which the limitation period begins.

Help from anti-collection companies

Very often, credit organizations transfer the debts of their clients to collection organizations under an assignment agreement. This threatens the debtor:

• regular threats;
• calls to work and relatives;
• agents coming home;
• demands to sell property and pay debt.

Anti-collection organizations come to the aid of citizens in the fight against annoying agents who exceed their authority. Employees will explain how to communicate with debt collectors competently, because they take advantage of citizens’ legal illiteracy. Don't give in to aggressive pressure. Only a court can hold a debtor accountable, and bailiffs can describe property if there is an official decree. In other cases, nothing threatens you except a spoiled mood.

What happens if you don't pay the loan at all?

If the case goes to trial, the debt evader will be forced to pay the debt from each salary (maximum 50%). The debtors' property can be sold by court decision, and all funds will be used to pay off the loan. Defaulters are prohibited from traveling outside the Russian Federation and are denied new loans. Malicious violators and fraudsters are called to criminal liability under articles: 177, 159. What to do if you cannot pay the loan? Seek a compromise with the bank, explain the reasons for the delay in payments and the current situation.

Video: what to do if you have nothing to pay off your loan

Every day we encounter deception in its various manifestations. And in relations with a bank, no matter how indestructible its reputation may be, there is also a place for deception. Banks deceive us, promising benefits and keeping silent about the unattainable conditions; they deceive us regarding the availability of loans, without mentioning fines and commissions for each action on a credit card. Can silence about the fundamental parameters of loans be called deception? If not, then why is the “forgetfulness” of a borrower who fails to disclose the existence of other outstanding loans considered fraud?

Still, banks are right to expect honesty from borrowers when assessing the risks of lending to the candidate under consideration. Deception is the first sign of a person’s dishonesty, and when presented with false papers, one can hardly expect that the client intended to repay the loan initially.

Honest forgetfulness or deception?

There are often situations when one bank refuses a loan, while another approves it. The client who contacted both organizations simply did not report the existence of a mortgage. The first bank discovered a discrepancy in the information, but the second did not receive such information. It is logical to assume that the presence of mortgage obligations seriously affected a person’s solvency, and the risks of the bank that approved the second loan are high. This forces lenders to improve candidate verification mechanisms and look for new ways to combat the “forgetfulness” of citizens.

The main source of information about the borrower is the BKI database, which stores the lending history for recent years. If the lender cooperates with the credit bureaus, there is no use in hiding the existence of outstanding obligations. Even changing your passport won’t help, because the last page contains information about the previous document.

If we are talking about fake personal papers, the fact of an attempt at fraud is obvious, because the person most likely did not intend to repay the debt to the bank. Falsifying employment certificates is often a necessary measure when the borrower tries to take out more than the salary allows. Despite the fact that a person does not refuse obligations and formalizes the debt on himself, this is also considered fraud, which will negatively affect his reputation.

However, often inconsistency in information is actually caused by unintentional forgetfulness. Regularly paying off an existing loan, a person simply forgets to mention it. Sometimes the client deliberately withholds important information, realizing that it will not allow him to take out a loan. The lack of uniform data and delayed updating of information in the BKI provide a loophole for “forgetful” citizens. The imperfection of the applied system leads to the likelihood of successful concealment of information about delays in every tenth case, unless the person reports it himself. Thus, whether consciously or not, potential borrowers have a chance to get a loan without mentioning the presence of problems or previous financial obligations.

Not only concealment of information about the existence of an outstanding loan can be considered deception. The bank, putting forward standard conditions for everyone, is unlikely to be completely objective. Sometimes even 2-NDFL certificates will not allow you to correctly assess the situation with the candidate’s financial situation.

The fact is that the level of current expenses largely depends on the requests and needs of a person. For one, it is enough to have a salary of 20 thousand rubles in order to, while living with his parents, provide for his personal needs without spending on accommodation and food. For others, having a high income does not save you from poverty if you have to pay off a loan for your spouse, support incapacitated and sick relatives, and pay for rented housing. As a result, a client who presents a certificate of earnings of over 100 thousand rubles will be considered a reliable borrower, while another person with minimal monthly expenses will be refused.

Below are the top 5 situations of intentional or accidental bank deception:

1. Concealing information about outstanding loan obligations in other banks.
2. Deliberately understating the amount of the current payment in order to agree on a new limit.
3. Overstating your earnings when the lending program does not require you to provide proof of income. The bank employee can only judge the solvency based on the candidate’s words.
4. Deliberate increase in work experience to meet the borrower's criteria (more than six months).
5. Preparation of a certificate of non-existent income. Citizens who are not officially employed resort to fake papers.

Representatives of the banking industry testify: one seventh of borrowers are trying to deceive the lender. And these are just the revealed facts. It is unknown what percentage of those who were able to deceive the bank without being caught.

Security services are not asleep, revealing the various techniques of dishonest borrowers. Depending on the severity of the offense, the consequences may be:

• loan refusal;
• blacklisting;
• criminal prosecution (this applies to cases of forgery, forgery, and impersonation of another person).

To eliminate negative consequences, it is better to select loan programs that the borrower will comply with. In this case, you won’t have to lie and then make excuses, maintaining your reputation as an honest person. Faced with the daily deception of banks that are silent about the possible negative consequences of a loan, the question arises whether it is possible to deceive a bank without resorting to lies in personal data.

The broader the terms of the loan programs, the more benefits the bank promises, the easier it is to get the most out of cooperation with the lender.

There is a scheme that will help you earn income from using credit funds while remaining honest if you correctly follow the conditions offered by the bank.

The initial conditions are a good reputation and official employment. And the principle of action is this:

1. When receiving your salary on your card, sign up for a debit card that allows you to receive a profit on the balance. The client’s task is to find an offer with the highest bid and a small minimum threshold.
2. Get a credit card with increased cashback, discounts from partners, and various bonuses. Particular attention is paid to the cost of maintenance, commissions for use, and an interest-free period of 55-60 days. This card is used to pay in stores and make current expenses, from paycheck to paycheck. During the month, the client actively spends funds within the salary limit, and then restores the limit without waiting for the end of the grace period.
3. A month after you start using the credit card, upon receiving your next salary, fully repay the credit debt and receive accrued cashback. At the same time, a small percentage of income is credited to the debit card for pocket expenses.

As a result, they receive income on both cards: debit and credit, without paying the bank a penny.

An example of a calculation clearly demonstrates the possibilities of “honest” deception under the conditions offered by the bank itself.