The opportunity to purchase the desired product on credit today pleases many buyers, but what to do if the equipment, fur coat or other product did not suit you or turned out to be defective? Is it possible to return goods purchased on credit and what are the peculiarities of the procedure? We will discuss further.

Is it possible to return goods purchased on credit?

In fact, returning goods taken on credit is a fairly common situation. A person has a right to this. It is also permissible to exchange a thing or object. Great, if you decided to refuse the transaction on the day it was completed, then the procedure has every chance of being quickly implemented.

For example: You return to the store to return an item purchased on credit. In this case, the seller accepts it back, and the loan specialist simply cancels the transaction.

When exchanging a product, the initial request will also be canceled, and to purchase a new product you will need to submit another request.

At first glance, everything looks quite simple, but in practice problems often arise.

The buyer's right under the law to return goods purchased on credit The return of goods sold on credit is legally permitted.

1. Regulation of this issue is enshrined in Law No. 2300-1. In Art. 18 of the current law clearly reflects the rights of the buyer in the event of possible discovery of defects in the product. The consumer can safely demand compensation for losses, even without having a cash or sales receipt in hand. So, it is permissible to return goods purchased through a loan in the following cases:
2. The consumer decided to refuse a product of proper quality for individual reasons (the size did not fit, he did not like it, he changed his mind, etc.). This is allowed to be done within 14 days from the date of purchase of the product.

A defect has been detected in the product.

The main feature of returning or exchanging goods purchased through a bank is that the product is not the property of the consumer until the loan is fully repaid. In fact, this product is considered collateral according to the terms of consumer lending, and the buyer cannot dispose of the purchased item at his own discretion. Consequently, the return procedure is impossible without the participation of the main creditor - the bank.

Please note that the loan agreement between the buyer and the bank contains a clause regarding the return of goods. Therefore, before signing a document, you should carefully study it. It must contain the conditions for termination of the purchase and sale agreement, grounds for termination, terms, amounts to be returned, etc. All this is also legally supported by document No. 353-FZ, art. 5 and art. eleven .

What amounts will be returned to the buyer?

Refunds for goods purchased on credit are regulated by Art. 24 of Law No. 2300-1 (clause 5.6). Based on the sections, if the goods are sold of inadequate quality, the seller is obliged to return the amount paid and even reimburse interest and other payments in accordance with the loan agreement.

If the goods are returned on the same day, the consumer has the right to claim a full refund and termination of the loan agreement. The loan fee is subject to mandatory refund. However, in case of return of a defective product, the following amounts are not subject to refund:

1. Insurance.
2. Loan interest.
3. Cost of banking services.

The agreement with the bank is considered terminated from the date the seller submits the relevant documents. Those. Initially, you need to obtain a return certificate from the store. If payments for goods purchased on credit were made untimely, the bank has the right to charge a fine for late payment (the right is reflected in Article 811 of the Civil Code of the Russian Federation, part two), which is then not subject to compensation.

Return procedure in detail

It should be covered how to return goods taken on credit in stages. The fact is that returning goods to a store and terminating a loan agreement with a bank are different procedures. Let's look at each of them separately.

Termination of contract with the seller

Buyer Action	Features, possible reactions
Contacting the store	The period is 14 days if the product is not defective. It must be returned in proper salable condition, keeping all labels, labels, etc. A defective product must be returned within the warranty period or expiration date.
Writing an application	In relation to goods containing a defect, . In case of return of a product of proper quality, the application has a different form (). The store has 10 days to consider the claim.
Receiving a certificate of return of goods	Issued in the store if the seller agrees to return the product.
Transfer of the amount spent by the consumer as a down payment	Refunds can be made in cash or by transfer to the buyer's bank account.

Having completed all the above steps, hurry up and contact the bank to terminate the loan agreement.

Termination of agreement with the bank

Only by terminating the agreement with the bank does the client receive the money paid on the loan. The certificate of return of goods received in the store should be provided to a bank specialist. On the spot you will need to write an application to terminate the bank loan ().

Cancellation of a purchase and sale agreement with a store gives the bank every reason to return the money to the borrower on the loan paid by him, however, there is one condition - if the goods were in good condition - interest and other payments are not returned. If there are defects in the product, the seller must return all the money. The buyer’s credit history will not be damaged if the store reimburses the bank for the entire loan amount. It is recommended to follow this to avoid problems in the future.

Many sellers are ready to sell their goods on credit, thanks to which the consumer only needs to provide the relevant documents, and after a short time the financial institution, as a rule, makes a positive decision regarding the provision of a loan.

The volume of issues arising in connection with the sale of low-quality goods on credit is quite large. In the case of “express lending”, funds for the purchase of goods are provided not by the direct seller of the goods, but by a specialized organization - a bank. At the same time, the return of goods purchased on credit confuses the buyer, since 3 parties are involved in such a scheme for the purchase and sale of goods. What should you do to get your money back?

Issues related to settlements with consumers in the event that they purchase goods of inadequate quality sold on credit are regulated by clause 5 of Art. 24 of the Law of the Russian Federation dated 02/07/1992 No. 2300 - 1 “On the protection of consumer rights.” Thus, in the event of the return of goods of inadequate quality sold on credit, the consumer will be refunded the amount of money paid for the goods in the amount of the loan repaid on the day of return of the specified goods, and the fee for providing the loan will also be reimbursed.

If the credit for the goods is provided by the seller, then no special problems arise - you can demand termination of the purchase and sale agreement for goods on credit - and the consumer is returned the amount paid by him at the time of returning the goods to the seller, the contract is terminated, and the obligation to pay for the low-quality goods is terminated.

If a loan for goods is provided by a third party - the Bank - then a number of problems arise: banks do not always terminate the loan agreement, and the consumer finds himself in a position where, without having the purchased goods in hand, he is liable to repay the loan.

To avoid problems with the Bank, you must submit a written application to the Bank to terminate the loan agreement and request official confirmation that the consumer’s obligations to it have been terminated.

It is important to remember that without receiving official information from the Bank about the termination of the loan obligation, in no case should you unilaterally stop paying the loan, as this may entail the accrual of fines and additional interest on the consumer, as well as spoil the credit history.

In such situations, all documents that are drawn up when purchasing goods and when returning them must be drawn up in 2 copies. If the buyer has any questions, he should not rely on the words and assurances of sellers or bank representatives, but demand that the bank state its official position on certain issues in writing.

Before signing an agreement for a consumer loan in a store, carefully read the terms of the document. The agreement, as a rule, describes in detail the settlement procedure between the borrower, the bank and the trading organization when returning the goods. Be careful when signing a loan agreement in a store - after all, each banking offer has its own nuances. Especially if it is common for a person to change his mind when making a responsible purchase.

The agreement, as a rule, describes in detail the settlement procedure between the borrower, the bank and the trading organization when returning the goods.

Reasons for return or exchange

If a product purchased on credit turns out to be faulty, you need to think about warranty repairs. It will be a little more difficult to exchange or return an item. In relation to a technically complex product, if defects are discovered in it, the consumer has the right to refuse to fulfill the purchase and sale agreement and demand a refund of the amount paid for such a product or make a demand for its replacement with a product of the same brand (model, article) or with a different product. brand (model, article) with a corresponding recalculation of the purchase price within 15 days from the date of transfer of such goods to the consumer. According to the law, after this period, these requirements must be satisfied in one of the following cases:

1. Detection of a significant defect in the product;
2. Violation of the deadlines established by law for eliminating product defects;
3. The inability to use the product during each year of the warranty period for a total of more than thirty days due to repeated elimination of its various deficiencies.

How to return

It is important to understand that returning the goods to the store and terminating the loan agreement are two different transactions with different organizations. Therefore, when returning goods, you need to pay attention to the preparation of the return certificate (there must be a copy on hand) and the date of return of cash to the buyer (if some percentage of the purchase amount was paid in cash to the store's cash register).

You need to contact the bank on the same day when the buyer receives the deed. Otherwise, the percentage for using the goods will increase regardless of whether he handed over the goods to the store or not. That is, what matters to the bank is only when the client approached them with an application to terminate the loan agreement, and not when he handed over the goods to the store.

Also, when filling out documents from the lender to terminate the loan agreement and return some amount, it is imperative to clarify the debt to the bank as of the current date. Because most likely some minimum interest could have already been accrued. Despite the fact that the product can be legally returned if a defect is discovered during the warranty period, the credit cannot simply be canceled when the product is returned.

Returning goods to the store and terminating the loan agreement are two different operations with different organizations.

Payments must continue

You cannot suspend or reduce loan payments until the end of the agreement. Even if the product is under warranty repair for several months, the client is obliged to fulfill the terms of the loan in full.

If the loan agreement is completed

In this case, everything is much simpler: the borrower only needs to obtain documentary confirmation from the bank that the loan agreement has expired and there is no debt under it. With these documents, the buyer should contact the store and write a statement to terminate the purchase and sale agreement. Then the store will return the money in cash or by transfer to a bank account.

Money

After completing all the documents, the borrower goes to the store’s cash desk for the amount of the down payment, if any. The store does not have the right to reduce the price of goods upon termination of the purchase and sale agreement. As well as charging any fees for transferring funds back to the bank. If the first payment is 1,000 rubles, then the store is obliged to return 1,000 rubles to the borrower from the store’s cash register. If payments have already been made on the loan, the amount of payments minus interest is returned to the client by the bank. If the amount of funds in the client’s account is greater, then the bank is obliged to return the difference from the cash desk without any commissions. If the loan agreement is completed and the bank account remains open, then after termination of the purchase and sale agreement you have the right to receive funds from the cash register in cash or credit them to your bank account.

Interest paid on the loan after returning the goods will not be returned.

Loan interest

The buyer may file a claim in court for compensation for material damage associated with the payment of interest on the loan. It should be remembered that the court will focus only on the period during which the client repaid the loan and did not use the product due to its breakdown.

The last resort is the court

If you were unable to reach an agreement with the store or bank, you can get your money back for goods purchased on credit through legal action. In this case, you must follow the rules for filing a claim for the return of goods. The statement of claim is filed in the district or magistrate court, depending on the value of the goods and the price of the claim.

The Law on the Protection of Consumer Rights in Part 1 of Article 17 establishes alternative jurisdiction. Requirements can be sent to the court that the consumer chooses - at the place of residence of the plaintiff, at the address of the defendant and the place where the contract for the sale of credit goods was concluded.

If, based on the results of the consideration of the case in court, you do not agree with the decision made, then you have the right to appeal the court decision within 10 days from the date of its adoption. If the decision is overturned, the case must be returned to the court for a new trial by a different panel of judges. When reconsidering the case, the court must take into account the above, check the arguments and objections of the parties that deserve attention, evaluate them and, depending on what is established, make a decision in accordance with the substantive and procedural law. If you have no experience in handling cases in court, use the services of a professional consumer rights lawyer.

Anfisa Khramova, expert editor

Return of goods purchased on credit

When concluding a loan agreement, first of all, pay attention to the fact that the purchased product is collateral for the loan amount received, and it is not subject to alienation.

To return such goods before terminating the purchase and sale agreement, you must obtain the written consent of the bank. To terminate the purchase and sale agreement, a claim is written to the store in free form.

The claim is drawn up in two copies, one of which is sent to the store, and the second remains with the client who purchased the product. The claim must be marked with the date of receipt of the claim. According to Article 22 of the Law “On Protection of Consumer Rights”, the store is given 10 days to consider a claim, during which a decision is made to replace the product or return the money. During this period, the store is obliged to notify the buyer of the reasons for refusing to return the goods with a mandatory indication of the reason (an examination is required, during which the buyer may be found guilty of improper use of the goods).

The down payment is returned to the buyer if the claim is justified, and the bank receives the remaining money. Payments to the bank until the official termination of the agreement with the bank for the loan taken must continue regardless of the start date of the process of returning the loan product and regardless of the reasons for the return. The borrower's credit history deteriorates, penalties are assigned when such circumstances occur and if you arbitrarily cease to fulfill your obligations to the bank. About early termination of a loan agreement to the bank, along with such documents as a loan agreement, check, claim, invoice, store response, etc. a corresponding application is submitted.

The borrower's credit history remains good if, after closing the loan agreement, the store returns the entire amount to the bank. You need to follow up on this by contacting the bank again. What to do with the interest paid for the loan when the loan agreement is closed and the goods are returned safely to the seller? Regardless of whether the product is returned to the seller or used for its intended purpose, the borrower’s obligations to the lending bank remain in force. The bank does not return interest paid for the loan. In this case, is the seller obliged to reimburse the expenses that occurred when applying for the loan?

The buyer has the right from the seller to demand compensation for all losses that resulted from the sale of inadequate quality of the goods. Such rights are enshrined in Article 18 of the Law of the Russian Federation “On the Protection of Consumer Rights”. The legislation understands losses as the costs incurred by the buyer for actions to restore the right to use goods of proper quality. From judicial practice it follows that interest paid on a loan is not a loss. The seller is obliged to return the full cost of the goods without taking into account interest on the loan and commissions.