The borrower, in addition to the loan, receives certain financial obligations that cover a certain period of time. Often, life circumstances change, the solvency of customers worsens, which leads to the impossibility of fulfilling credit obligations. A loan deferral allows you to resolve the problem with the bank without bringing the case to court and imposing penalties. When concluding an agreement with a bank, it is recommended to clarify in advance what a deferred loan payment is and whether it is provided for under the terms of the agreement.

Thanks to the law No. 127-FZ adopted in 2014, the government settled many ambiguities regarding the issue of non-payment on the loan. The bankruptcy law covers the issues of bankruptcy of individuals, the procedure for writing off debt, the alienation of property in payment of debts. In addition, federal legislation has determined the rules for revising the terms of a loan, for restructuring and obtaining certain support from the bank and the state when paying off the debt.

In the circumstances of the deterioration of the financial situation, the borrower is not recommended to hide from the lender. It is in the interests of the client himself to notify the bank in a timely manner of a change in the situation and to work out a compromise solution for further servicing the loan.

The practice of deferred payment on a loan

The chances of getting a deferred payment agreement are much higher if you inform the bank about financial difficulties that have arisen before the first delay occurs. A credit institution, just like a borrower, is interested in resolving the problem by offering any financial instrument, taking into account the specifics of a particular situation.

Bank employees understand that the borrower who applied to them intends to continue fulfilling his obligations by changing the previous conditions to a more acceptable repayment option. However, it should be borne in mind that not all borrowers have a chance to revise lending conditions. The creditor will assess whether the reason for the request for a delay can be considered valid.

Most banks are constantly faced with the problem of non-payments associated with the deterioration of the solvency of borrowers. Home Credit Bank, Svyaznoy Bank, Vostochny Express, BystroBank, Post Bank, Raiffeisen Bank and many other credit organizations offer various programs for resolving the problem of further loan servicing.

As one of the tools that help Orient Express customers, a deferment on the main body of the loan for up to 3 months is used. However, this measure is designed for borrowers on strictly defined types of loans and no more than twice for the entire term of the loan.

Post Bank also offers its conscientious borrowers to revise the terms of the contract for more acceptable ones. Post Bank considers borrowers' applications submitted in writing, provided that the borrower was characterized as a responsible and conscientious payer. Post Bank implements an individual approach to each situation, offering various tools to resolve a financial issue.

Raiffeisen Bank, like Post Bank, provides for a loan deferral for a period of not more than 6 months, subject to maintaining payments on the principal debt, with the possibility of extending the loan term.

Good reasons for delay

Under the following circumstances, customers can expect to renegotiate credit terms and provide deferred payments:

1. In case of loss of earnings and dismissal from the main place of employment. Lenders considering an appeal will be interested in the reason for dismissal.
2. Illness and forthcoming significant expenses for treatment for yourself and close relatives.
3. Loss of the breadwinner who was dependent on the client.
4. Change of region of residence.
5. Loss of property during a natural disaster or theft.
6. Maternity leave or vacation up to 1.5 years.

In addition, each credit institution has an internal list of clients and their credit histories, based on which reliable clients are provided with more flexible conditions, because in the bank-client relationship, much depends on the degree of trust.

Grounds for refusal

With a high degree of probability, the bank refuses the following borrowers:

1. Individuals with damaged credit history.
2. If, after issuing a loan, the client has made less than 3 monthly payments.
3. If less than 3 months are left before the loan expiration date.
4. Borrowers who applied for a deferral on the basis of false information, the provision of false documents indicating a deterioration in solvency.

Thus, the refusal of the bank will be affected not only by the circumstances that caused financial difficulties, but also by the reputation of the borrower. The loan agreement may or may not contain provisions for the possibility of deferment. In any case, the bank will make the final decision, taking into account the best option for both parties.

In the banking environment, the following options for revising lending conditions are available:

• rescheduling;
• changing the terms of the loan (or restructuring);
• re-issuance of a loan with more affordable repayment terms (or refinancing).

For clients whose material difficulties are of a temporary nature, a delay in loan payments is more preferable. Suspension of loan repayment will allow the client to find a new source of income and continue to pay the required amount in a timely manner in accordance with the changed schedule.

Revision of the maturity

This variant is known as "credit holidays on the body of the loan." The borrower is released from principal payments while interest continues to accrue. Deferred payment entails an increase in the amount of payment after the end of the vacation period - by the end of the period. Most often, the lender allows you to defer payments for up to 6 months.

The following types of credit holidays should be distinguished:

1. Credit holidays with the transfer of repayment of the principal debt.
2. Interest deferral, also known as interest holiday.
3. Full credit holidays.

Each of the options differs in the degree of profitability for the borrower and lender. However, any of the above measures will help in solving the problem of paying off credit obligations.

Holidays in the body of the loan mean a delay in payment of the principal debt. During a certain period, the borrower pays only interest for the use of land funds. As a result of using this type of deferment, the loan term and the amount of overpayment increase, since interest continues to be paid during the holidays. A similar loan is more profitable at the beginning if the loan is taken on the terms of a differentiated payment. With an annuity payment, a large proportion of the payment at the beginning of the term is interest. This method will not bring adequate relief of the financial burden and will even be unprofitable for the borrower due to the need to continue paying amounts to service interest.

A much rarer type of deferral is interest-based credit holidays. The borrower is given a chance not to pay interest on the used funds of the bank, while making payments towards repayment of the principal debt. As a result, the body of the loan is repaid, and the overpayment of interest becomes less due to the deferment provided. Each specific bank will individually decide the issue, based on its own internal policy and the possibility of assigning one or another type of deferment.

Postponement of payments on principal and interest, the so-called. full vacation, provided for a short period of time - no more than 3 months.

Debt restructuring is another option for resolving the situation with servicing a loan in the face of deteriorating customer solvency. The client applies to the bank for a review of the basic terms of the loan, giving strong arguments and offering a structured repayment plan, taking into account the personal financial situation. The lender, in turn, can provide a recalculation of the contributions, increasing the term of the credit line. Thus, the borrower will have to pay the principal on the loan and interest on its servicing for a longer period of time, which will lead to a reduction in the financial burden.

Refinancing

One of the popular ways to solve a problem with a loan debt is to refinance credit obligations. Many banks use this service in order to attract customers of other organizations to serve in their bank, providing more attractive repayment terms. The essence of refinancing is refinancing, or obtaining a new loan to repay an existing loan with changing conditions in favor of the client. As a result, the borrower can expect:

1. To increase the loan term.
2. Reducing interest rates for maintenance.
3. Reduced monthly payment.

Variants of schemes for the implementation of the refinancing program depend only on the banks themselves. For individual clients, the bank provides individual on-lending programs that are not available in standard offers. A new loan agreement is concluded, under the terms of which the client undertakes to repay the existing loan in another bank and switch to repaying new financial obligations. You should be careful when concluding a new contract, you need to familiarize yourself with the details of the loan. may lead to the termination of the contract and the requirement of the bank to repay the debt in full ahead of schedule.

The procedure for issuing a deferment

Unlike unauthorized delay, the absence of payment on time in accordance with the repayment schedule can be agreed with the bank, which means that penalties for non-payment of the loan will not be applied.

Liability for non-payments

In the event of a payment delay of no more than 2-5 days, the borrower will be charged a fine or block the card. If the client was still unable to contribute funds to the account of the monthly payment and stopped all payments, an appeal to the court by the creditor will follow. If the financial situation is really serious and in the near future it will not be possible to pay the debt, you must urgently contact the bank - the sooner, the less consequences the defaulter will expect.

Following a simple sequence, the borrower will be able to resolve the issue with further debt servicing, avoiding serious troubles associated with bank charges and a damaged credit history:

1. A client who finds himself in a difficult situation applies to a bank branch and reports in writing about the problems that have arisen with the repayment of the loan.
2. The application is supported by documents, certificates, indicating a deterioration in solvency (illness, job loss, other reasons).
3. If the agreement with the creditor contains a clause on the possibility of applying a deferral, further actions are regulated in accordance with the agreement.
4. If there are no provisions in the document describing the possibility of deferment, the credit institution will decide the issue individually, based on its policy, taking into account the real financial situation of the client and how valid the reasons for the deterioration in solvency are.
5. In the absence of special claims against the client, the bank may offer to resolve the issue through restructuring.
6. With a positive consideration of the application, a new contract is signed, the terms of which are softer.

In addition, such an agreement does not contain clauses that determine the payment to members of the commission for the use of funds. After all, it is already included in the price of the products. It turned out that the main difference between credit and food is the percentage that customers have to pay along with debts.

It is clear that the payment of goods in installments is not of interest.

But they are actually hidden in the price of the products or act as a percentage of the risks the seller bears when the buyer does not pay for the goods within the agreed time.

Deferred payment

points 1 and 2, the company uses it for free. In all other cases, he will have to pay interest to the state on the basis of 1/2 of the refinancing rate of the Bank of Russia, which was in effect at the time of the delay.

Of course, this does not give a reprieve to any company.

So, for example, if a company becomes bankrupt when paying VAT or income tax, this does not mean that a delay is guaranteed. The fact is that a taxpayer who wants to exercise this right must be in good faith (p.

1 tablespoon. 62 of the Tax Code)

Meals and loans: the difference, benefits

The contract is concluded between the client and the bank.

It determines the total loan amount, term and interest rate. The monthly payment must be presented to the bank teller or by any other method specified in the terms of the agreement.

In the event of a delay, you will not have to return the goods purchased in the store, since the customer's obligations do not arise to the store, but to the credit institution. The presence of an interest rate, the amount of which represents the amount of the overpayment.

What is the difference between food and loans?

Key Factors

Meals are offered by shops that sell goods. If the monthly payment has not been made on the date specified in the contract, the seller can request a return of the goods.

Except in cases where more than 50% of the value of the goods is paid. Then the borrower is given the opportunity to repay the debt in another way.

To understand the difference between meals and loans, it is important to know the characteristics of loans.

Meals and deferred payment: what's the difference?

According to the law, the seller is entitled to interest on the commercial loan.

If the amount of interest is not specified in the agreement, in this case, interest is paid based on the level of the refinancing rate on the day the debt is paid. Thus, the seller has the right to demand, and the debtor is morally and financially ready to pay interest in the event of a delay (payment) of payment under the contract.

Delay and installment payment (legal nature and taxation)

At the same time, at first glance, simple contractual relations, there are many legal consequences that must be taken into account when carrying out this activity.

The mechanism for repayment and payment of contributions is a payment condition in which payment is postponed for a time determined by the parties for a particular event.

To fully understand the legal nature of postponement and nutrition, it is necessary to determine which event (or point) is postponed.

Bank loans and food: what's the difference?

It can be a mortgage, buying a car, a loan for business development.

All examples of short-term loans combine the concept of consumer credit for a short time.

An explicit loan can be obtained when the bank decides within minutes. The advantage is that the rates for such loans are much higher. The Bank issues funds from its own reserves and from borrowed funds.

Delay, food and delay - words with the same root, but different meanings

The term "nutrition" is really understood and considered and perceived as the purchase of a product without intermediaries (without partner banks) and without overpayment.

This means that the transaction with the buyer is concluded in a contract of sale, which specifies the exact maturity dates, the amount of each payment and its frequency. Please note that the contract specifies the exact time during which the buyer undertakes to pay the debt.

This is usually a very strange expression.

Power or delay?

Which should I prefer and what is the difference?

Trading is beneficial for providing commercial loans - this is one of the ways to generate additional profit for both the banking institution and the retail market. With the help of credit provided to the buyer, the store can quickly sell its goods and make a profit with multiple investments.

Commercial credit in this case can be provided in the form of deferred payment, deferred payment and progress. The basic principles of lending, however, for the problems that the borrower may have, the lender must make a profit in any case and at the agreed time.

Deferred payment by law in a contract for the supply of goods

This is a deferred payment.

Deferred payment

Deferred payment- a method of debt repayment in which the entire payment is postponed to a later date, as stipulated in the contract.

Deferred payment on loans

Deferred payment also applies to consumer loans. Under the loan agreement, the buyer makes an initial payment of a certain amount and receives a deferral of further payments for a certain period.

Postponement is used in retail and wholesale trade. Deferral conditions, unlike the standard form of a loan agreement, are most often determined individually, depending on the amount of the initial payment.

• credit
• payment
• factoring
• tax deferral http://www.buhgalteria.ru/article/n64785

• New economic dictionary / edited A.

  N. Azrilyana - Moscow: Institute of New Economics, 2006. ISBN 5-89378-014-0

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DEPUTY OF PAYMENTS- a special way of repaying a debt, in which its entire payment is deferred to a later date, as specified in the contract ... Big Accounting Dictionary

DEPUTY OF PAYMENTS- a special way of repaying a debt, in which its entire payment is postponed to a later date than specified in the contract ... Big Economic Dictionary

Deferred loan payment— What to do if, due to unforeseen circumstances, repayment of loans becomes burdensome temporarily.

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DEPARTURE— ZAMAK, reprieve, women. Action on h. to defer delay; a chance to do something later. Give dedication. Open delay. Illness delay. Deferred payment. Certificate deferral. Explanation Dictionary Earrings. … … Explanation Earring Dictionary

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transition to a somewhat later period. For example, deferred payment; 2. Expansion of the validity of the document ... Big accounting dictionary

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DEPARTURE— (jump day) Two-day deferral for securities purchased in the US money market.

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Deferred payment is insurance against a difficult situation

The situation on the credit market is not very good: about 25% of borrowers have problems with loan repayment.

The problem lies not in the act of fraudulent targeting, and even in the inadequate assessment of banking experts in relation to the solvency of the client. Everything is much simpler - the reason is in ordinary life situations. No one is immune to health problems as well as loss of service. Depending on the nature of the situation, the borrower may lose all or part of his income, as well as have temporary problems with employment.

About a quarter of clients lose their ability to pay for reasons beyond their control, which, unfortunately, cannot be guaranteed.

Unfortunately, unforeseen circumstances cannot be prevented, but their consequences can be guaranteed. This is not an insurance program. A deferred payment loan is the most effective insurance option against the will of the case.

How to get money and pay later

It is important to understand that delays and nutrition are completely different. Some borrowers believe that these conditions are the same, which can lead to certain problems.

A deferred payment is the repayment of a debt that has been deferred to another period longer than the time specified in the loan agreement. Some loan programs initially provide deferred payment.

The loan agreement specifies an initial payment that must be paid at a specified time and over a long period.

Such loan programs are extremely useful for start-up entrepreneurs - do not immediately start a business to generate income.

It takes time to make a company profitable. The delay allows the company to develop and significantly reduce the costs of an entrepreneur who has just started his business.

In some cases, a delay may be granted on an individual basis, even if this clause is not provided for in the loan agreement.

Bank loyalty is not a myth, but a reality

Almost all banks are loyal to borrowers - this is a fact.

This circumstance does not explain the sensitivity, compassion and understanding of the employees in the bank, but the logical desire to reduce losses. It should be noted that banks do not show loyalty to borrowers who avoid fulfilling loan obligations. A client in a difficult situation should contact the bank staff, and this is also recommended against loss of solvency.

A borrower who has informed the bank representatives of his problems and current situation may be granted a deferred payment, even if it is not provided for in the loan agreement.

The delay period and other shades are individual in each case.

It should be noted that if the borrower explicitly avoids the loan obligation, there is no question of carryover. Although the court decision may, in addition to the desire of banking experts, receive a deferred payment, but these are specific cases, depending on various external factors.

To obtain a delay in payment through the courts, it is wise to use the services of competent experts involved in the resolution of such a plan.

It is difficult for an inexperienced person to convince the representative of Themis that she needs her. Many borrowers who are in a difficult situation choose to refinance the loan - in some cases, this solution is more acceptable than a delay in payment, for example, if the client has not completely lost his ability to pay.

Loan intermediaries offer a variety of refinancing options that allow you to settle your existing obligations with a new, low-cost loan.

Credit and financial relations are the peak of their development in the Russian space. A large number of banks and other organizations offer completely different financial services. Today it is not difficult to fully buy any product without having the full amount for which it is sold on the page.

This is connected not only with the development of the credit sector, but also with social relations, in which potential innovations can be easily implemented. However, there are many categories that are incomprehensible to ordinary people on the street. Thus, all the attention that is hidden when buying goods in installments is hidden. However, purchases in this form account for about 70% of total transactions, indicating a growing popularity.

Therefore, you only need to know absolutely everything about installment payments, and not only for personal erudition, but also for protection from fraudsters.

Nutrition concept

Installment payment is a fixed financial category in many countries of the world.

It is included on the basis of binding relations of the private legal framework. In scientific terms, food means a method of payment for a service, goods in which the amount is paid in installments pre-agreed between meals. This type of obligation is a legal phenomenon in many respects. Food is very similar to credit, but their legal structure and implementation are completely different. Although there is no direct reference to contributions and loans at the legislative level, the differences between these categories will be listed below.

Legislative level.

Food in Russia

The contract of sale with installment payments does not have a separate legal regulation at the legislative level. This is “somehow” provided for in Article 489 of the Civil Code of the Russian Federation, which relates to the loan agreement. Accordingly, the parties may draw up a loan agreement with installment payments. Even in the Civil Code, there are many legal aspects of such an agreement and the terms for its conclusion.

According to the above factors, food can be considered in two ways: the form of purchase and the status of payments.

As for the latter, it is similar to loans. For example, the debtor is required to pay a certain fee, but for some significant reason he cannot do this. In this case, the bank may, at its discretion, agree on an installment plan under the loan agreement . The debtor himself can directly apply for such "body care".

This is a deferred payment.

This requires an application for a loan in installments. As a purchase, or rather, its nutrition scheme has many characteristic features that are significantly different from a loan.

Power - Functions

It should be remembered that food is a gradual payment for the full cost of goods. Such differentiated payments help to provide the necessary amount in a timely manner.

However, some legal aspects of this financial category should be taken into account. Food is a special kind of loan, when the last termination of the obligation occurs at the expense of the last installment. Meals may be charged for goods and services of individuals and legal entities.

As for the ownership of the goods, this will only be after the full payment of all fees, but the right to use the goods is already available after the down payment.

Banking organizations do not provide food in installments - they are simply prohibited.

It concerns the conditions of such an obligation. First, no additional interest, penalties, etc. are charged to the debtor under the contract. In other words, only a portion of the amount for a particular product is paid in instalments. At the same time, a payment limit and a mandatory payment are set.

As a rule, it should be at least 30% of the total cost. However, food is provided for a short time (approximately 8 months). This is done for the benefit of no additional interest being paid by individuals or the sales organization. An example is for food. Of these, the most prominent is the buying and selling of real estate.

Catering in the sale of real estate

Take, for example, a contract for the sale of an apartment with payment in installments. This is a great alternative to a mortgage for several reasons, namely:

• the initial payment does not exceed 20%;
• buying housing during meals is mainly provided for a period of 8 to 10 months;
• contributions must be paid monthly;

We can also highlight a number of typical and extremely positive features of this method of buying and selling:

• there is no interest in installments;
• Food is produced much faster than credits;
• the purchase is subject to warranty;

However, taking into account all the points presented, there are negative aspects, such as short meals.

Very few people can afford to buy an apartment in such conditions. Food is a type of "quick loan". The payments must be large and the time short. As a rule, the organization agrees to pay installments under a contract for the sale of property, such as an apartment, only for confidential clients with a "crystal clear" banking history.

Other possible payment methods in installments

It happens that a person has not repaid his debt.

For this reason, a check is made when the creditor receives the execution order. This document refers to bailiffs who go to the debtor and forcibly collect the debt.

However, you can pay for meals. Most often, bailiffs themselves offer a similar way out of the situation in order to protect people from unnecessary scandals, conflicts and waste of time. In order to receive such a payment plan, the bailiff must be directly connected and already decide on the execution of the debt obligation with him.

Therefore, when buying and selling goods, we considered the concept and characteristics of payment in installments. Despite all the positive aspects of this opportunity, in order to gradually give money, it is better to buy something with an immediate payment of the required amount.

This will save you a lot of time and you won't even have to think about permanent debt.

Formula for calculating the cost of deferred payment

At any commercial negotiations, always and everywhere, along with the discussion of price and delivery volumes, the issue of payment terms or, in other words, the issue of deferred payment is raised.

Everyday logic suggests that the later you need to pay for the purchased goods, the better. It is even more useful if the goods can be sold before the moment of payment. In any case, a deferred payment is a trade credit. Like any loan, it has a cost. Q: How much does a deferred payment cost?

The formula is quite simple:

Deferral cost = deferral days (in days) / 360 * loan cost (% per annum) * contract value (in the transaction currency)

Now a few notes on the formula:

First, the deferred payment is easily converted into a percentage discount from the contract price, since it involves % per annum on the loan. In other words, with a delay of 360 days, you give (receive) a discount in the amount of the cost of the loan, 120 days is equivalent to 1/3 or 33%, 60 days - 1/6 or 17%, 30 days - 1/12 or 8% and, finally, 1 day - 1/360 or 0.3% of the annual loan rate for your company.

Second, since the cost of a loan for most market participants is different, often, by giving or receiving a deferred payment, the participants in the transaction exchange non-equivalent values. Obviously, if the seller is able to raise funds on more favorable terms than the buyer, he can afford to increase the deferred payment at a lower cost than the buyer, for whom the loan is more expensive. In the opposite situation, the supplier must look for arguments to avoid increasing the deferred payment, since such a loan will cost him more than the benefit that the buyer will receive. The main thing to remember is that in any case, the difference is received by the bank, which has nothing to do with either the seller's business or the buyer's business.

Deferral of payment under a supply agreement by law applies only to food and alcohol.

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In other cases, the parties determine this condition by joint agreement. Accordingly, with the Civil Code of Russia and other regulations, it is necessary to draw up a special contract for the supply of products.

Moreover, this document does not have a format established at the level of legislation. But it should include a wide range of important points. First of all, this applies to payment under the agreement.

Important Aspects

For the supply of a certain product, a contract is always required, the contract is called a “delivery contract”.

The Civil Code fully regulates this process. There are many nuances that are provided for in this process.

The contract necessarily contains a clause that is dedicated to paying for the delivery, and it is not uncommon for the seller's side to make concessions to the buyer, namely with a deferred payment for a certain period.

The amount of deferral for the goods can be of different sizes, it can vary from 0% to 100% of the cost, it all depends on the product itself and the agreement.

It must be remembered that all these spoken points must be recorded in the contract. What does this agreement give, and what will be its role in the relationship between the two parties:

1. Describes the various points in the product delivery process.
2. Sets the payment steps for the goods.
3. The rights and obligations of both parties are spelled out.
4. The solution of controversial problems is described.

The last paragraph describes the case when conflicts arise between the parties.

Issues can be challenged in court or by other regulatory authorities. Naturally, the contract must be correctly created, otherwise it will be considered invalid.

Required terms

The supply agreement is a document by which the buyer and the seller officially stipulate the conditions for the quality, quantity and payment of the goods.

Also, such contracts often take into account possible force majeure situations, the amount of the penalty, situations in which the contract can be considered terminated, etc.

If we talk about a special type of contract with a deferred payment, it practically does not differ from the standard form.

There are 3 types of deferred contract:

1. With interest.
2. With an increase in the cost of goods.
3. Payment of interest on debt.

The difference in them is already obvious, the transaction may require payment only for the purchased and left goods or taking into account interest depending on the term, and for each day of delay.

Cause

The reasons why the buyer needs a deferred payment is always different, it is not necessary to specify the reason for the occurrence in the contract.

The most common reasons why this process of interaction occurs are:

1. It is difficult to profit from products due to the fact that the sale of goods at a slow pace.
2. A special case, and the format of the contract in a particular case.
3. Interaction between the parties in this format.

The main issues are always negotiated between the parties, and if this does not contradict the law, then the clauses are written in the contract.

Legal framework

Features of drawing up an agreement are regulated by the Civil Code of Russia:

Article No. 488 of the Civil Code of the Russian Federation	Regulates this process of credit - economic relations
Article No. 328 of the Civil Code	Says that the contract should indicate the mutual fulfillment of obligations between the parties
№450 GK	This article says that any changes in the contract are possible only with the consent of both parties.
Art. №203 GK	Says that the contract is legally binding only if it is drawn up strictly in accordance with the law
The important point is that	That this agreement must be in writing, as stated in Art. No. 161 of the Civil Code of the Russian Federation

The rights and obligations of both parties are spelled out in Art. No. 513 - 515 of the Civil Code of the Russian Federation, here you can clarify that the rights and obligations of the parties themselves can choose, but also fix this in the contract.

Drawing up a sample supply agreement with a deferred payment in 2017

In order for a contract with a deferred payment to have its legal force, you need to know how to prescribe a deferred payment in the supply contract, and in which subparagraph to indicate this. A form of a supply agreement with a deferred payment is possible.

And after a new contract is drawn up between the parties, the main issues that should be considered between the parties are:

1. Mention to the agreement.
2. Maximum deferral amount.
3. Delivery of building materials.
4. Upon delivery of the equipment.
5. And on delivery.

Essential conditions

The Civil Code of the Russian Federation indicates that the essential terms of the supply contract are the terms of performance, as well as the subject of the contract.

In order for the subject of the contract to be spelled out, it is necessary to spell out the name of the goods, as well as its quantity, as Art. 455 GK.

In case of deferred payment, such a document is attached to the contract, the name of which, the specification, the name of the goods is prescribed in it, and in what quantity, as well as the payment schedule, if it is provided.

The second essential condition is the delivery time. This delivery contract can be concluded both for a one-time delivery, and for several years of cooperation.

Video: how to work with deferred payment if you are not yet an LLC

When delivering for several times / years, the parties must draw up a delivery schedule, as well as a payment schedule, for delivery with a deferred payment.

According to the law, there is no definite period of delay, in this agreement the parties themselves make a decision, and also attribute this to the contract.

In case of early repayment, as well as early delivery, agreements between the parties must occur.

Mention in the agreement

In general, a deferred payment agreement will look like this:

Agreement header	The header contains the responsible parties between which the process will take place, as well as the data of the parties
Subject of the agreement	This paragraph describes the process of actions under this agreement.
The price of the goods and the terms of settlements	This paragraph specifies what the cost of the goods will be, how the buyer will transfer funds to the seller's account (by bank transfer, in cash), and also in this paragraph they indicate from the deferred payment and for what period
Receipt of goods	Here the parties prescribe their agreement on how the goods will be delivered to the proper place.
Responsibility of the parties	Other agreements are prescribed, as well as what is the responsibility of the party in case of non-fulfillment of the clauses of the contract
Force majeure	The moments for which the parties are not responsible in the event of unforeseen circumstances are prescribed
Dispute Resolution	Ways to resolve conflicts are prescribed
Agreement duration	This paragraph specifies how long the contract is valid, as well as what reasons may be for terminating the contract

Delivery of building materials

The need for a delay in the purchase of building materials arises very often, so entrepreneurs are forced to overpay, although there are also such transactions when it is possible to pay only for purchased materials.

When concluding such an agreement, the following conditions must be taken into account:

In addition to possible interest for a delay, the seller must indicate in the document the additional costs that he will incur when loading and transporting the goods.

This refers to the container, and the cost of delivery. The price of the goods and other types of expenses are indicated in the specification.

Also, this section states:

1. Method of payment for the goods.
2. Delivery terms.
3. The date that will be considered the completion of the transaction.

The contract also specifies how the goods are to be delivered. Usually these are several parties, which can be broken down by time frame.

The supplier may agree with the seller to deliver the goods before the specified time, if possible, if it is convenient.

Deferred payment should be indicated in the item Price of the contract and the procedure for settlements. Here, the parties must agree on the type of delay, and indicate the date that will oblige the buyer to pay for the delivery.

After that, the parties sign the contract, and within the specified time the buyer receives the goods. Upon receipt, he must check the goods for compliance with the specification.

Upon delivery of goods

According to the delivery agreement with a deferred payment, the parties must draw up a document indicating the type of deferred payment, which can be with or without interest.

The subject of the contract can be any product necessary for the entrepreneur to conduct business and make a profit.

In the paragraph "payment procedure" the period given to the buyer to pay for the goods, which was previously agreed upon, is indicated.

After the allowed time has elapsed, the buyer is obliged to pay the required amount according to the invoice, including interest, if this was in the terms of the contract.

There is a situation when the buyer does not make payment from the specified date. Then he is charged a fixed amount on a daily basis or as a percentage of the transaction amount.

According to the law, there are clearly established deadlines for payment, after which the supplier has the right to go to court to bring a claim.

What is the maximum legal delay?

At the moment, there is no specific law that would apply in such a case, however, according to 457 of the Civil Code of the Russian Federation, the debtor is obliged to pay the debt on time or within another reasonable time, and the creditor must send a claim in the form of a letter in which to demand payment within seven days of the obligation .

The borrower, in addition to the loan, receives certain financial obligations that cover a certain period of time. Often, life circumstances change, the solvency of customers worsens, which leads to the impossibility of fulfilling credit obligations. A loan deferral allows you to resolve the problem with the bank without bringing the case to court and imposing penalties. When concluding an agreement with a bank, it is recommended to clarify in advance what a deferred loan payment is and whether it is provided for under the terms of the agreement.

Thanks to the law No. 127-FZ adopted in 2014, the government settled many ambiguities regarding the issue of non-payment on the loan. The bankruptcy law covers the issues of bankruptcy of individuals, the procedure for writing off debt, the alienation of property in payment of debts. In addition, federal legislation has determined the rules for revising the terms of a loan, for restructuring and obtaining certain support from the bank and the state when paying off the debt.

In the circumstances of the deterioration of the financial situation, the borrower is not recommended to hide from the lender. It is in the interests of the client himself to notify the bank in a timely manner of a change in the situation and to work out a compromise solution for further servicing the loan.

The practice of deferred payment on a loan

The chances of getting a deferred payment agreement are much higher if you inform the bank about financial difficulties that have arisen before the first delay occurs. A credit institution, just like a borrower, is interested in resolving the problem by offering any financial instrument, taking into account the specifics of a particular situation.

Bank employees understand that the borrower who applied to them intends to continue fulfilling his obligations by changing the previous conditions to a more acceptable repayment option. However, it should be borne in mind that not all borrowers have a chance to revise lending conditions. The creditor will assess whether the reason for the request for a delay can be considered valid.

Loan repayment options available

Most banks are constantly faced with the problem of non-payments associated with the deterioration of the solvency of borrowers. Home Credit Bank, Svyaznoy Bank, Vostochny Express, BystroBank, Post Bank, Raiffeisen Bank and many other credit organizations offer various programs for resolving the problem of further loan servicing.

As one of the tools that help Orient Express customers, a deferment on the main body of the loan for up to 3 months is used. However, this measure is designed for borrowers on strictly defined types of loans and no more than twice for the entire term of the loan.

Post Bank also offers its conscientious borrowers to revise the terms of the contract for more acceptable ones. Post Bank considers borrowers' applications submitted in writing, provided that the borrower was characterized as a responsible and conscientious payer. Post Bank implements an individual approach to each situation, offering various tools to resolve a financial issue.

Raiffeisen Bank, like Post Bank, provides for a loan deferral for a period of not more than 6 months, subject to maintaining payments on the principal debt, with the possibility of extending the loan term.

Good reasons for delay

Under the following circumstances, customers can expect to renegotiate credit terms and provide deferred payments:

1. In case of loss of earnings and dismissal from the main place of employment. Lenders considering an appeal will be interested in the reason for dismissal.
2. Illness and forthcoming significant expenses for treatment for yourself and close relatives.
3. Loss of the breadwinner who was dependent on the client.
4. Change of region of residence.
5. Loss of property during a natural disaster or theft.
6. Maternity leave or vacation up to 1.5 years.

In addition, each credit institution has an internal list of clients and their credit histories, based on which reliable clients are provided with more flexible conditions, because in the bank-client relationship, much depends on the degree of trust.

Grounds for refusal

With a high degree of probability, the bank refuses the following borrowers:

1. Individuals with damaged credit history.
2. If, after issuing a loan, the client has made less than 3 monthly payments.
3. If less than 3 months are left before the loan expiration date.
4. Borrowers who applied for a deferral on the basis of false information, the provision of false documents indicating a deterioration in solvency.

Thus, the refusal of the bank will be affected not only by the circumstances that caused financial difficulties, but also by the reputation of the borrower. The loan agreement may or may not contain provisions for the possibility of deferment. In any case, the bank will make the final decision, taking into account the best option for both parties.

Ways to get a deferral

In the banking environment, the following options for revising lending conditions are available:

• rescheduling;
• changing the terms of the loan (or restructuring);
• re-issuance of a loan with more affordable repayment terms (or refinancing).

For clients whose material difficulties are of a temporary nature, a delay in loan payments is more preferable. Suspension of loan repayment will allow the client to find a new source of income and continue to pay the required amount in a timely manner in accordance with the changed schedule.

Revision of the maturity

This variant is known as "credit holidays on the body of the loan." The borrower is released from principal payments while interest continues to accrue. Deferred payment entails an increase in the amount of payment after the end of the vacation period - by the end of the period. Most often, the lender allows you to defer payments for up to 6 months.

The following types of credit holidays should be distinguished:

1. Credit holidays with the transfer of repayment of the principal debt.
2. Interest deferral, also known as interest holiday.
3. Full credit holidays.

Each of the options differs in the degree of profitability for the borrower and lender. However, any of the above measures will help in solving the problem of paying off credit obligations.

Credit holidays

Holidays in the body of the loan mean a delay in payment of the principal debt. During a certain period, the borrower pays only interest for the use of land funds. As a result of using this type of deferment, the loan term and the amount of overpayment increase, since interest continues to be paid during the holidays. Such installment of loan payments is more profitable at the beginning if the loan is taken on the terms of a differentiated payment. With an annuity payment, a large proportion of the payment at the beginning of the term is interest. This method will not bring adequate relief of the financial burden and will even be unprofitable for the borrower due to the need to continue paying amounts to service interest.

A much rarer type of deferral is interest-based credit holidays. The borrower is given a chance not to pay interest on the used funds of the bank, while making payments towards repayment of the principal debt. As a result, the body of the loan is repaid, and the overpayment of interest becomes less due to the deferment provided. Each specific bank will individually decide the issue, based on its own internal policy and the possibility of assigning one or another type of deferment.

Postponement of payments on principal and interest, the so-called. full vacation, provided for a short period of time - no more than 3 months.

Restructuring

Debt restructuring is another option for resolving the situation with servicing a loan in the face of deteriorating customer solvency. The client applies to the bank for a review of the basic terms of the loan, giving strong arguments and offering a structured repayment plan, taking into account the personal financial situation. The lender, in turn, can provide a recalculation of the contributions, increasing the term of the credit line. Thus, the borrower will have to pay the principal on the loan and interest on its servicing for a longer period of time, which will lead to a reduction in the financial burden.

Refinancing

One of the popular ways to solve a problem with a loan debt is to refinance credit obligations. Many banks use this service in order to attract customers of other organizations to serve in their bank, providing more attractive repayment terms. The essence of refinancing is refinancing, or obtaining a new loan to repay an existing loan with changing conditions in favor of the client. As a result, the borrower can expect:

1. To increase the loan term.
2. Reducing interest rates for maintenance.
3. Reduced monthly payment.

Variants of schemes for the implementation of the refinancing program depend only on the banks themselves. For individual clients, the bank provides individual on-lending programs that are not available in standard offers. A new loan agreement is concluded, under the terms of which the client undertakes to repay the existing loan in another bank and switch to repaying new financial obligations. You should be careful when concluding a new contract, you need to familiarize yourself with the details of the loan. Delay on a new loan may lead to termination of the agreement and the requirement of the bank to repay the debt in full ahead of schedule.

The procedure for issuing a deferment

Unlike unauthorized delay, the absence of payment on time in accordance with the repayment schedule can be agreed with the bank, which means that penalties for non-payment of the loan will not be applied.

Liability for non-payments

In the event of a payment delay of no more than 2-5 days, the borrower will be charged a fine or block the card. If the client was still unable to contribute funds to the account of the monthly payment and stopped all payments, an appeal to the court by the creditor will follow. If the financial situation is really serious and in the near future it will not be possible to pay the debt, you must urgently contact the bank - the sooner, the less consequences the defaulter will expect.

Sequencing

Following a simple sequence, the borrower will be able to resolve the issue with further debt servicing, avoiding serious troubles associated with bank charges and a damaged credit history:

1. A client who finds himself in a difficult situation applies to a bank branch and reports in writing about the problems that have arisen with the repayment of the loan.
2. The application is supported by documents, certificates, indicating a deterioration in solvency (illness, job loss, other reasons).
3. If the agreement with the creditor contains a clause on the possibility of applying a deferral, further actions are regulated in accordance with the agreement.
4. If there are no provisions in the document describing the possibility of deferment, the credit institution will decide the issue individually, based on its policy, taking into account the real financial situation of the client and how valid the reasons for the deterioration in solvency are.
5. In the absence of special claims against the client, the bank may offer to resolve the issue through restructuring.
6. With a positive consideration of the application, a new contract is signed, the terms of which are softer.
7. After signing a new agreement, the borrower switches to new lending conditions, revising the term for using borrowed funds, as well as the amount of the monthly payment.

These measures will allow the borrower, despite the gravity of the situation, to maintain a good credit history, which will further facilitate lending on new bank offers after the execution of the current contract. Even if there is practically no hope of receiving a deferment, a written request for a deferral must be made in any case: with further attempts by the bank to recover the debt from the borrower through the court, the client will be able to provide documentary evidence that he took timely steps to resolve the issue with payments.

Deferred payment is an arrangement under which the buyer repays the debt to the seller some time after the actual transfer of the goods to him. Depending on the terms of the agreement, payment is made in a lump sum or in several partial payments. The seller can apply an interest rate to the price (which will turn the transaction into a commodity credit) or refuse additional charges.

Deferred payment as a marketing tool

The use of deferred payments is one of the most common marketing tools. Customers are attracted by the concept itself, the ability to pick up the product and start using it immediately, without spending anything. The implementation of a deferred payment program in stores selling expensive goods, such as cars, is especially relevant: often the client is simply not able to pay the full amount immediately, but has reason to believe that he will be able to pay off the debt to the seller by a certain date. The opportunity to use deferred payment can be provided only to a privileged (regular) client or any buyer - this aspect remains at the discretion of the firm's marketers. An alternative option for marketing conditions is to provide preferred customers with preferential terms (minimum interest rate) compared to ordinary customers.

Classification process

A company that decides to use deferred payment to attract customers is faced with a number of questions, the main one being: how to determine which customers are trustworthy and which are not? A secondary question: what is the criterion for dividing buyers into privileged and others?

If the client has a long-term relationship with the seller or a positive credit history, he can count on getting the opportunity to defer payment. If a client applies to an organization for a purchase for the first time, he will probably have to go through a solvency assessment procedure and put up with a fairly high interest rate, because in such ways the seller company is trying to compensate for the significant risk of default.

Installment: are there any "pitfalls"?

An installment offer is becoming more and more relevant - a gradual payment without accruing interest. This service is offered by many trading companies selling electronics and furniture. Despite the doubts of buyers, the installment plan does not really imply an overpayment. The mechanism is as follows: a bank that provides an installment plan for a product actually gives a loan with interest, however, the absolute value of the interest is equal to the discount that the trading company makes to the client. Interest and discount cancel each other out, as a result of which the client pays the price that appears on the price tag. If the client does not make periodic payments or makes them late, with installments, as with a loan, penalties and fines are charged on the outstanding balance.

Common deferred payment scheme

Most often, trading firms use the following scheme: the client receives the goods, after which he may not pay anything for six months, because interest is not charged. Six months later, the buyer must decide whether to repay the entire amount immediately without interest or pay in installments, but with interest. If the buyer prefers the second option, interest continues to accrue until the debt is repaid in full.