You apply to the bank for a consumer loan. You are given a condition: sign a contract voluntary insurance life and health, or you will not be given a loan (in the best case, they will provide a loan, but at a higher percentage).

Starting from August 1, 2016, Bank of Russia Ordinance No. 3854-U dated November 20, 2015 “On the Minimum (Standard) Requirements for the Conditions and Procedure for Certain Types of Voluntary Insurance” granted the insured the right to withdraw from a voluntary insurance contract with a full refund of the insurance premium.

Thus, all borrowers, immediately after receiving a loan, began to refuse voluntary insurance contracts. As a result, banks began to lose additional revenue from the sale of insurance products.

Not wanting to put up with the current situation, the banks took the next step.

A prerequisite for granting a loan was the signing of an application by which the borrower asks the bank to provide insurance for him under a collective insurance agreement concluded between the bank and the insurer.

At the same time, the cost of bank services for such insurance coverage is established. The cost of services consists of the Bank's remuneration and reimbursement of the Bank's expenses for paying the insurance premium to the Insurer.

There is no connection between the application and the loan agreement, except perhaps for the equality of the loan amount and the sums insured, as well as the fact that the bank's services will be paid from the account to which the funds for the loan will be credited.

Thus, the borrower will no longer be able to simply refuse the service imposed on him and return the overpaid amount.

Of course, arbitrage practice stands on the protection of borrowers, but there is not an easy way to protect their rights.

Let's figure out what rules of law are violated by the bank and what the borrower should do in such a situation.

Brief conclusions: the bank violates Article 16 of the Law on Consumer Rights Protection, Article 10 of the Civil Code of the Russian Federation, Article 10 of the Law on Protection of Competition. Payment for such a service does not comply with the Federal Law "On banks and banking, Federal Law "On the organization of insurance business in Russian Federation". The transaction for the provision of services should be declared invalid on the grounds of Article 168 of the Civil Code of the Russian Federation, and the cost of the service should be returned to the borrower.

1. Violations of the law by the bank

1.1. First of all, of course, it is worth remembering that, according to paragraph 2 of Article 16 of the Law of the Russian Federation dated February 7, 1992 No. 2300-1 “On Protection of Consumer Rights”, it is prohibited to condition the purchase of certain goods (works, services) on the mandatory purchase of other goods (works , services).

In this case, the bank, without offering Alternative option granting a loan (at a higher percentage), violates the specified norm.

In this connection, the agreement on the provision of services by the bank for joining the borrower to the insurance program is subject to the application of the condition of invalidity. According to paragraph 2 of Article 167 of the Civil Code of the Russian Federation, if the transaction is invalid, each of the parties is obliged to return to the other everything received under the transaction.

Therefore, the bank is obliged to return the borrower's payment for "services".

2. Judicial practice and the position of the FAS RF, confirming the bank's violation of the law

2.1. According to the decision of the Presidium of the FAS Russia dated 05.09.2012 No. 8-26/4, the issue “On the qualification of actions of credit and insurance organizations under collective life and health insurance contracts for borrowers” ​​was discussed. The Presidium came to the following conclusions.

Under the guise of a “service” fee, connection to the insurance program is charged for the actions that the defendant is obliged to perform under the insurance contract concluded by him, i.e., the defendant imposes on the plaintiff the obligation to pay for his actions, which he is already obliged to perform in the force of the obligation that has arisen for him - the insurance contract.

The fee for the "Joining the insurance program" service, by its legal nature, is nothing more than an additional, but not provided for by any law (norm) and not properly agreed by the parties, a fee for using the loan (hidden interest).

Since the norms of the Civil Code of the Russian Federation, the Federal Law "On Banks and Banking Activities", the Federal Law "On the Organization of Insurance Business in the Russian Federation" do not provide for the possibility of charging a fee in the form of a commission for the service of joining a collective insurance contract from the borrower (insured person) loan agreement on payment of the specified service is contrary to the provisions of Art. 16 of the Law "On Protection of Consumer Rights".

termination of obligations under the loan agreement, return of the “commission for connecting to the life insurance program and health” (imposed service), recovery of non-pecuniary damage .

Claimant: Individual, representative of the plaintiff lawyerMYUS PROTECTION(by proxy)

Respondent: Bank

First instance decision: The claim is fully satisfied. Collect from the bank a commission for connecting a loan in the amount of 125 thousand rubles, court expenses 17 thousand rubles, compensation moral damage 20 thousand rubles.

The bank appealed the decision of the court of first instance. By the definition of the Moscow City Court, the decision of the Simonovsky District Courtupheld and the appeal was dismissed.

Brief summary of the case:Citizen A applied to the bank for a loan in the amount of 300 thousand rubles for personal needs. That's the way life is that there are times when money is urgently needed. The bank agreed to provide a loan, but a necessary condition for obtaining loan became bank requirement so that citizen A connects a certain service, namely her life insurance in case of disability, incapacity for work, illnessetc., and the amount of just connecting this "option" turned out to be huge, that is, almost a third of the amount credited (125 thousand rubles just for connection). The manager's explanation was incomprehensible, not clear,

In words, the woman was explained that this amount is included in the cost of the loan, just the percentage will be higher, not 17%, but 27%. Due to the fact that the citizen urgently needed money, she was forced to agree without checking exactly what kind of payment in such a large amount. When she, afterreceived the money, she came home and studied the documents in detail, it turned out that her overpayment for the service (for connecting to insurance programs) amounted to 125 thousand rubles, she immediately turned to a lawyer. Together with a lawyer, it was drawn up and a claim was sent to the bank, justified on the grounds that the bank's actions are not legal, and the overpaid amount is subject to return. However, the bank refused to return the amount and the client repaid the entire loan amount provided by the bank ahead of schedule. After ignoring this claim by the bank, lawyerCitizen A filed a lawsuit in court. The court satisfied the plaintiff's claims in full, decided to recover from the bank the imposed service (commission), expenses incurred by the representative's services and non-pecuniary damage.

The lawyer Novikov M.V. comments: When signing documents for issuing a loan, you should be extremely careful, do not listen to the arguments of the loan manager and take into account that words cannot be sewn into action later. It is better to read the loan agreement when no one is distracting you. The best way- take it home and familiarize yourself at your leisure, without rushing. If you have any questions during the course of acquaintance - ask them to the credit manager at the meeting. If the essence of the manager’s answers is at odds with the terms of the loan agreement, or some paragraphs of the agreement are not completely clear to you, be sure to consult a lawyer so as not to waste your nerves and money in the future for going to court. It is also worth remembering that the terms of the contract that contradict the current legislation may be declared invalid in court. In this particular case, even the fact that a citizen could refuse the insurance connection service but did not refuse, led to a violation of the law on consumer protection in the form of imposing an additional service on her (..The application form for connecting additional services contains an indication that the client may not connect additional services, i.e. the issuance of a loan is not subject to the purchase of additional services."). It is prohibited to condition the purchase of certain goods (works, services) on the obligatory purchase of other goods (works, services).

The service of connecting to the Insurance Program itself significantly increases the loan amount, which is unprofitable for the borrower, since the interest rate is charged on the entire loan amount (including the amount of the commission), which increases the amount of payments on the loan.

The court rightfully recognized and the higher instance agreed with such conclusions that such insurance and lending for its insurance are outside the interests of the client as a consumer who asked the bank to issue him a loan in the amount of 300,000 rubles. in cash, even with his formal consent to insure his life and health in the interests of the bank.

DECISION In the name of the Russian Federation

Simonovsky District Court of Moscow consisting of: the presiding federal judge Zakharova O.N., with the secretary Atapina D.Yu.,

having considered in open court the civil case No. X on the claim A against LLC CB Renaissance Capital on the termination of obligations,

SET UP:

Citizen A filed a lawsuit against CB Renaissance Capital LLC to terminate obligations, non-pecuniary damage, arguing that in March 2012. she urgently needed money and 08/15/2011 She 03/30/2012. turned to the defendant m application for a loan in the amount of 300 000 RUB. On the spot, she was explained that the loan would be issued only upon registration of production. The cost of the service for connecting to the insurance program amounted to 125,280 rubles. The said amount was debited from her account. She was not acquainted with the rules or with regard to insurance. The defendant refused to accept the money received from her back, the next day after the conclusion of the contract, where she applied, after carefully reading its terms. The contract was executed by her in full. He considers the bank's actions to connect to insurance programs unlawful. Taking into account the specified claims of 2012.2012, he asks the court to recognize her as fulfilling the terms of the loan agreement of 30.03.2012. in repayment of a loan in the amount of 300,000 rubles. and interest for the period of actual use of the loan in the amount of 9209.59 rubles; and agreement of joining the insurance program 1 dated 14.14.2007. and terminate them. He also asks the court to recover from the defendant all the costs incurred, including 17,768 rubles. for payment of legal aid services and expenses for payment of services of a representative.

Plaintiff and her proxy lawyer MYUS PROTECTION in court claim as the arguments set forth in statement of claim supported, asked to satisfy them.

The representative of the defendant by proxy B. at the hearing objected to the satisfaction of the claim, according to the arguments set out in the objections to the statement of claim.

The third party, Renaissance Insurance Group LLC, did not appear at the hearing, but was duly notified of its appearance in court.

The court, after hearing the parties and examining the written materials of the case, comes to the following.

The court found that on March 30, 2012. between A and CB Renaissance Capital (LLC) a loan agreement No. 11016805_____ (case sheet 7-10) was concluded.

In accordance with section 4 of the loan agreement, the bank provides the client with the service "Connection to the insurance program" under the loan agreement. The Bank enters into an insurance contract with the Renaissance Insurance Group LLC insurance company in respect of the life and health of the client as a borrower under a loan agreement, the insurance risks under which are death as a result of an accident or illness and disability of groups 1 and 2 (with disability 2- th or 3rd degree) as a result of an accident or illness (insurance contract 1), on the conditions provided below, as well as in the Conditions, Tariffs and rules of voluntary insurance against accidents and illnesses of the Insurance Company with

taking into account the insurance contract 1 between the insurance company and the bank, which are an integral part of the contract (insurance program).

The client is obliged to pay the bank a commission for connecting to the Insurance Program 1 in accordance with the terms of the loan agreement.

The client appoints the bank as the beneficiary under the insurance contract 1 upon the occurrence of any insured event in the amount of the sum insured, but not more than the amount of the full debt under the loan agreement.

According to the terms of the contract, the claimant must pay a commission for connecting to the insurance program.

General amount of credit, including the commission for connecting to insurance program 1 under a loan agreement, amounted to 125,280 rubles. which is confirmed by the personal account. Loan term - 48 months, tariff plan- just 24.9 25%, the total cost of the loan - 27.91% per annum.

Clause 6.2.1 of the General Conditions for Granting Credits and Issuance bank cards individuals, which are an integral part of the contract, it is provided that the "Connection to the Insurance Program" service is provided to customers who have expressed their intention to participate in the Insurance Program in the Questionnaire, Contract, written application of the client. The service is considered rendered by the bank after the technical transfer of information about the client to the insurance company.

The defendant asks the court to refuse to satisfy the claims, referring to the fact that the plaintiff expressed a desire to connect to the insurance program by signing the relevant application for insurance and selecting paragraph 2 in the application for connecting additional services, containing the condition of agreeing to be insured under a voluntary accident insurance contract cases and illnesses concluded by CB "Renaissance Capital" (LLC) with the insurance company Renaissance Insurance Group LLC in respect of life and health as a borrower under a loan agreement, the insurance risks of which are death as a result of an accident or illness and disability 1 and 2 groups as a result of an accident or illness and appointing CB "Renaissance Capital" (LLC) as the beneficiary under the specified insurance contract in the event of any insured event. The application form for connecting additional services contains an indication that the client may not connect additional services, i.e. the issuance of a loan is not subject to the purchase of additional services.

The plaintiff, in turn, claims that the imposed service in this case was the issuance of a loan to pay a commission for connecting to the insurance program.

According to Article 819 of the Civil Code of the Russian Federation, under a loan agreement, the Bank undertakes to provide the borrower with funds (loan) in the amount and on the terms stipulated by the agreement, and the borrower, in turn, undertakes to return the received sum of money and pay interest on it.

According to Part 1 of Art. 927 of the Civil Code of the Russian Federation, insurance is carried out on the basis of property or personal insurance contracts concluded by a citizen or legal entity(insured) with an insurance organization (insurer).

In accordance with paragraph 1 of Art. 934 of the Civil Code of the Russian Federation, under a personal insurance contract, one party (the insurer) undertakes to pay a lump sum or pay periodically the amount stipulated by the contract ( sum insured) in the event of harm to the life and health of the insured himself or another citizen (insured person) named in the contract, he reaches a certain age or the occurrence of another event (insured event) stipulated by the contract in his life. The right to receive the sum insured belongs to the person in whose favor the contract is concluded.

In accordance with Art. 16 of the Law of the Russian Federation "On the protection of consumer rights, consumer rights, in comparison with the rules established by laws or other legal acts of the Russian Federation in the field of consumer protection, are recognized as invalid. If, as a result of the execution of a contract that infringes on the rights of consumers, and it causes losses, they are subject to compensation manufacturer (executor, seller) in full.

It is prohibited to condition the purchase of certain goods (works, services) on the obligatory purchase of other goods (works, services).

As can be seen from the case file, A applied to the bank for a loan in the amount of 300,000 rubles in cash.

In accordance with clause 1.2. and Art. 4 of the Loan Agreement, the total amount of the loan, including the commission for connecting to the insurance program 1, amounted to 425 2S 0 rubles, i.e. loan in the amount of 125,280 rubles. to pay the commission is included in the total amount of the loan with the accrual of interest on it under the terms of the loan agreement. At the same time, 300,000 rubles were issued to the plaintiff, and the commission for connecting to the insurance service in the amount of 125,280 rubles. debited from the client's account before the loan is issued to him.

By signing a statement of consent to join the insurance program. Instead of asking for a loan to pay for connection to the insurance program.

The foregoing allows us to conclude that the issuance of this loan in the amount of a commission of 125,280 rubles. due only to the desire of the client to connect to the insurance service. An insurance loan is provided regardless of the client's desire, in the absence of the possibility to refuse lending to connect to the insurance program and include the commission for this service in the total loan amount for interest calculation.

The Court also takes into account that, in violation of the provisions of Art. 12 of the Law of the Russian Federation "On Protection of Consumer Rights", the documents proposed for signing by the client do not contain any information about what constitutes the amount of the commission paid for connecting to the insurance service, about the conditions of life and health insurance.

The service provided for by the terms of the loan agreement for connecting the client's bank to the life and health insurance program at Renaissance Insurance Group LLC cannot be fully an independent service, the choice of which is possible at the will of the insured. The terms of insurance are determined by the insurance contract, but at the same time, the client of CB "Renaissance Capital", who has expressed his consent to connect to the insurance service and pays the commission, is deprived of the opportunity to influence the terms of insurance.

The service of connecting to the Insurance Program itself significantly increases the loan amount, which is unprofitable for the borrower, since the interest rate set by the bank is charged on the entire loan amount (including the commission amount), which increases the amount of loan payments.

It should be recognized that such insurance and lending for ego insurance are outside the interests of A as a consumer who asked the bank for a loan in the amount of 300,000 rubles. in cash, even with his formal consent to insure his life and health in the interests of the bank.

This conclusion is also confirmed by the claim of A. dated 07.04.2012. to the bank with an application for refusal to execute the Agreement in terms of connection to the insurance program.

The controversial condition of the loan agreement (Article 4) in the absence of the borrower's ability to obtain a loan in the amount of 300,000 rubles. without obtaining an additional loan to pay for connection to the insurance service in the amount of 125,280 rubles, should be regarded as imposing additional obligations on the borrower, which infringes on his rights as a consumer and is contrary to the provisions of Art. 16 of the Law of the Russian Federation "On the protection of consumer rights. ,

In view of the foregoing, the panel of judges concludes that the provisions of 4 of the Agreement N 11016805393 dated 30 myrtle, 2012 between CB "Renaissance Capital" (LLC) and A should be recognized as invalid.

In accordance with d, 16K of the Civil Code of the Russian Federation, a transaction that does not comply with the requirements of law 1 and other legal acts is void, unless the law establishes that such a transaction: is contestable or does not provide for other consequences of the violation.

According to paragraph 1 of Art. 167 of the Civil Code of the Russian Federation, an invalid transaction does not entail legal consequences, with the exception of those related to its invalidity, and is invalid from the moment it is made.

The court found that A fulfilled its obligations under the loan agreement N 11016805___ dated March 30, 2012, concluded between her and CB Renaissance Capital (LLC), transferring the amount of 309,209 rubles to the loan payment. 05/14/2012, taking into account the interest on the loan, and therefore the court finds claims in terms of recognizing the contract as fulfilled, subject to satisfaction.

Under the above circumstances, guided by Article.Article.98 and 100 Code of Civil Procedure of the Russian Federation the court finds it possible to recover from the defendant in favor of the plaintiff legal costs in the amount of 17 768 RUB.

Given the above and guided by Article.Article. 194-198 Code of Civil Procedure of the Russian Federation, court

Recognize obligations under the loan agreement No. 1101680____ concluded - between. A and LLC CB Renaissance Capital fulfilled.

recover from LLC CB «Renaissance Capital» in favor of A legal costs in the amount of 17 768 RUB. (seventeen thousand seven hundred sixty-eight rubles.) In addition, taking into account the moral and moral suffering of the plaintiff, to recover compensation in his favor in the amount of 20,000 (twenty thousand) rubles.

The decision can be appealed to the Moscow City Court within one month, from the date of production of the court decision.

federal judge

Similar cases have been won in the Moscow region, in particular in the city of Zheleznodorozhny.

10.05.2017 15:01:30

Upon receipt consumer credit in the IBC, the borrower is invited to join the contract of collective insurance of borrowers. Payment for connection and insurance premium is made from the loan amount. Everything would be fine, and the insurance of the borrower is a useful thing, but the bank, and there are quite a lot of such reviews here, questions arise about the legality of charging a fee for joining the insurance agreement, about the amount of the fee and its non-refundability. In 2016, he turned out to be one of these insured borrowers. The loan was used for a short time - about 3 months, repaid ahead of schedule. For almost a year I have been corresponding with the ICB regarding the connection fee, but I have not received answers to the following important questions: 1. The bank confirmed that it was he who provided the service of joining the insurance contract, but did not answer who the recipient of the fee is for joining, which is just over 9% of the loan amount! Dear representatives of the bank, to whom were 2 payments ultimately intended: connection service fee and VAT from the specified fee? To the MKB Bank, the Insurance Company or a third party (which one specifically, (this is not visible in the account statement and MKB-Online)? 2. The bank informed that the service of joining the insurance contract consists in including me in the register of insured persons. The bank confirmed that the service was fully rendered on the same day that I signed the application for insurance.But the Bank did not explain what list of operations is included in the register, whether the list of operations is fixed, regulated and whether it depends on the amount of the loan.The bank also did not explain, How does the service rendered within one day correlate with its cost, which exceeds 100,000 rubles Dear representatives of the ICD, does the procedure for inclusion in the register of insured persons depend on the loan amount? Why is the fee for joining (inclusion in the register) directly proportional to the loan amount? service provided by the Bank to a third party, or the service was provided on its own? 3. Is the connection service a banking service? What type (kind) of services does it belong to? 4. Why is the fee for joining the insurance contract non-refundable? What risks does the Bank bear and what costs does it compensate for in this way? As of today, representatives of the MKB did not give a response to a similar appeal on the Banki.Ru portal dated 05/03/17. I hope to receive answers from the Bank through this portal.

Bank representative's response

15.05.2017 17:51:18

Dear Alexander!

Based on your request, we would like to point out the following.
The Bank provides various programs consumer lending: with the possibility for the borrower to choose the terms of lending without insurance and with insurance against accidents and illnesses.
Each borrower is given a choice of loan terms: with or without accident and health insurance, since insurance is not a prerequisite for granting a loan.
In the Bank's responses to your previous requests, the Bank's position on the issues of the return of the insurance premium and the fee for joining the insurance contract is detailed.
For further clarifications, please contact the Bank branch directly.
Hope for your understanding.

Sincerely,
Quality Control Department

Response from the editorial board of the ARB website

Dear Alexander, Your complaint has been sent to the bank.

Alexander

Unfortunately, it is not possible to treat the current situation with understanding. Directly in the three branches of the bank and in the course of official correspondence, I did not receive answers to my questions.
Perhaps I can contact a specific specialist or manager?
A request to the editors of the ARB website to assist in resolving the issue.

Alexander

Yesterday I was in one of the branches of the ICB, they explained to me that at present the bank has abandoned the practice of paying for joining the insurance contract. Currently, the Bank is working with the Insurance Company under the agency scheme.
It seems like it turns out that the Bank recognized the scheme with a fee for joining the insurance contract as incorrect.

Let me recap my situation:
When applying for a consumer loan, I was informed that I planned to repay the loan ahead of schedule. I have specifically specified whether the insurance fee will be recalculated when early repayment, to which he received an affirmative answer.
As a result, the loan was used for a little less than 4 months, and the fee for joining the insurance contract was written off at the rate of 5 years (60 months), which the Bank confirmed in its response. Overpayment 15 times.

I reiterate to the representatives of the Bank and the editors of the site with a request to assist in resolving my issue.

Thanks for your reply and your time! I saw this practice, it's all clear, but here the situation is somewhat different, perhaps I could not convey to you the essence of the circumstances: Here payment is made not as an insurance premium, but as a one-time payment for the service !!! Sberbank - for connecting to the Insurance Program. According to the Terms of participation in the program of voluntary life insurance and the borrower: Insured - Sberbank; Insurer - LLC IC "Sberbank life insurance", Insured person - an individual in respect of which an insurance contract has been concluded; The beneficiary - Sberbank - until the repayment of the loan obligations, after - the insured person himself. Insurance contract - an agreement between the insurer and the policyholder under the Insurance Program. The same conditions provide for the procedure for terminating the client's participation in the insurance program: 4.2. If the insured person submitted an application for disconnection from the insurance program after the insurance contract was concluded in respect of this insured person, the amount of money returned to the insured person is subject to personal income tax at a rate of 13% for tax residents and 30% for tax residents. tax non-residents, which is withheld by the tax agent - OJSC "Sberbank of Russia" at the time of their return, that is, I believe, from the meaning of section 4 of the Terms, the return of the amount paid minus 13% is possible when writing an application for disconnection. The application has been submitted, but the bank is ignoring it. It turns out that the claims should be formulated:

1. Recognize the bank's inaction as illegal?

2. Collect from the Respondent in my favor xxx rub. the amount paid for connection to the insurance program?

Answer

part of charging a fee from the borrower for connecting to the program) are invalid. However, there is no uniform practice in this case. The courts, unfortunately, cannot even give a single interpretation to the previously adopted interpretation Supreme Court RF. Accordingly, when stating these requirements, it is necessary to take into account the risks that they may be refused.

The rationale for this position is given below in the materials of "Systems Lawyer" .

Appeal ruling of the Novosibirsk Regional Court dated February 27, 2014 No. 33-1575/2014

“Resolving the dispute on the merits and refusing to satisfy the stated requirements, the court of first instance, guided by the above provisions of the law and the circumstances established in the case, came to the conclusion that the plaintiff independently expressed a desire (consent) to conclude a life and health insurance contract and intention pay the bank a commission for connecting to the insurance program. At the same time, this service was not imposed on the plaintiff, he had the opportunity to refuse it and did not provide evidence that the loan would not have been provided to him if he had refused to join the insurance program.

The panel of judges agrees with these conclusions of the court of first instance, as they are motivated, based on the correct application of the substantive law, correspond to the established circumstances of the case, are confirmed by the evidence presented, which in their totality was given a proper assessment in accordance with the requirements of Art. 67 of the Code of Civil Procedure of the Russian Federation, there are no grounds for a different assessment of the evidence presented.

The reference in the complaint to the Review of judicial practice in civil cases related to the resolution of disputes on the performance of credit obligations, approved by the Presidium of the Supreme Court of the Russian Federation on DD.MM.YYYY, is not justified, since, according to paragraph 4.4 of the Review, banks are not entitled to independently insure borrowers' risks. However, this does not prevent banks from entering into appropriate insurance contracts on their own behalf in the interests and with the voluntary consent of borrowers*.

2. Appeal ruling of the Supreme Court of the Republic of Bashkortostan dated August 14, 2014 No. 33-11298/2014

“According to Art. 9 of the Federal Law of January 26, 1996 N 15-FZ "On the Enactment of Part Two of the Civil Code of the Russian Federation", paragraph 1 of Art. 1 of the Law of the Russian Federation "On the Protection of Consumer Rights" (hereinafter referred to as the Law on the Protection of Consumer Rights), relations with the participation of consumers are regulated by the Civil Code of the Russian Federation, the Law on the Protection of Consumer Rights, other federal laws and other regulatory legal acts of the Russian Federation adopted in accordance with them.

By virtue of paragraph 1 of Art. 16 of the Law on the Protection of Consumer Rights, the terms of the contract that infringe on the rights of the consumer in comparison with the rules established by laws or other legal acts of the Russian Federation in the field of consumer protection are recognized as invalid.

In accordance with Art. 168 of the Civil Code of the Russian Federation, a transaction that does not comply with the requirements of the law or other legal acts is void, unless the law establishes that such a transaction is voidable, or does not provide for other consequences of the violation.

In accordance with paragraph 1 of Article 421 of the Civil Code of the Russian Federation, the terms of the contract are determined at the discretion of the parties, except when the content of the relevant condition is prescribed by law or other legal acts (Article 422 of the Civil Code of the Russian Federation).

By virtue of paragraph 1 of Art. 819 of the Civil Code of the Russian Federation, under a loan agreement, a bank or other credit organization undertakes to provide funds (credit) to the borrower in the amount and on the terms stipulated by the agreement, and the borrower undertakes to return the amount of money received and pay interest on it.

According to clause 2.1 of the Regulations on the procedure for the provision (placement) of funds by credit institutions and their return (repayment) dated August 31, 1998 N 54-P, the provision (placement) of funds by the bank is carried out by individuals - in a cashless manner by crediting funds to a bank borrower's account individual, which for the purposes of this Regulation is also understood as an account for recording the amounts of deposits (deposits) of individuals attracted by the bank in the bank or in cash in cash through the bank teller.

From the Regulations "On the rules of maintaining accounting in credit institutions located on the territory of the Russian Federation", it follows that the condition for granting and repaying a loan (a bank's creditor's obligation) is the opening and servicing of a settlement bank account.

Paragraph 9 of Article 30 of the Federal Law of December 2, 1990 N 395-1 "On Banks and Banking Activities" (introduced federal law dated 08.04.2008 N 46-FZ) provides that the credit institution is obliged to determine in the loan agreement the full cost of the loan provided to the borrower - an individual. The calculation of the full cost of the loan should include payments by the borrower - an individual on the loan, related to the conclusion and execution of the loan agreement. The total cost of the loan is calculated credit institution in order, established by the Bank Russia.

The Decree of the Plenum of the Supreme Court of the Russian Federation of June 28, 2012 N 17 "On the consideration by the courts of civil cases on disputes on the protection of consumer rights" explains that if certain types of relations involving consumers are regulated by special laws of the Russian Federation containing norms civil law(for example, a contract of participation in shared construction, insurance contract, both personal and property, contract bank deposit, contract of carriage, contract of energy supply), then to the relations arising from such contracts, the Law on the Protection of Consumer Rights is applied to the extent not regulated by special laws.

In paragraph "e" of paragraph 3 of the said Resolution of the Plenum of the Supreme Court of the Russian Federation, attention is drawn to the fact that the provision of credits (loans) to an individual is financial service, which applies, among other things, to the scope of regulation of the Law on the Protection of Consumer Rights.

According to Part 1 of Article 927 of the Civil Code of the Russian Federation, insurance is carried out on the basis of property or personal insurance contracts concluded by a citizen or legal entity (insured) with an insurance organization (insurer).

Based on Part 1 of Article 929 of the Civil Code of the Russian Federation under an agreement property insurance one party (the insurer) undertakes, for the fee stipulated by the contract (insurance premium), upon the occurrence of an event (insurable event) provided for in the contract, to compensate the other party (the policyholder) or another person in whose favor the contract is concluded (the beneficiary) for the losses caused by this event in the insured property or losses in connection with other property interests of the insured (to pay insurance compensation) within the amount specified by the contract (sum insured).

The provisions of Article 929 of the Civil Code of the Russian Federation establish the obligation of the insurer to pay insurance compensation to the person in whose favor the contract is concluded.

By virtue of paragraph 2 of Article 935 of the Civil Code of the Russian Federation, the obligation to insure one's life or health cannot be assigned to a citizen by law.

If the transaction is invalid, each of the parties is obliged to return to the other everything received under the transaction, and if it is impossible to return what was received in kind (including when the received is expressed in the use of property, work performed or services provided), to reimburse its value in money - if other consequences the invalidity of the transaction is not provided for by law (paragraph 2 of Article 167 of the Civil Code of the Russian Federation).

Taking into account that a void transaction is void regardless of whether it is recognized as such by a court, it does not give rise to legal consequences, that is, it does not entail an obligation for the borrower to pay a commission for joining the insurance program.

From the statement of Khairullin R.M. to connect additional services from the date it follows that he agrees to be insured under a voluntary accident and illness insurance agreement concluded between CB Renaissance Credit LLC and Renaissance Insurance Group LLC (case sheet 126).

According to the personal account statement for the period from date to date, the amount of commission in the amount of ... rubles was withheld by the bank when issuing a loan from the total loan amount (case sheet 128).

Admissible evidence testifying to the choice of an insurance company from Khairullin R.M. not presented by the respondent.

By establishing in the loan agreement the obligation to conclude a personal life and health insurance contract against accidents and illnesses, as an insurer, a specific insurance company - Renaissance Insurance Group LLC, the defendant obliges the borrower to insure only in this insurance company, thereby violating the right of an individual - the consumer to the freedom provided for by Article 421 of the Civil Code of the Russian Federation both in choosing a party to the contract and in concluding the contract itself. This position is also reflected in clause 4.2 of the Review of Judicial Practice in Civil Cases Related to the Resolution of Disputes on the Fulfillment of Credit Obligations, approved by the Presidium of the Supreme Court of the Russian Federation on date*”.

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See also: Determine where it is better to take mortgage Often, managers divert the attention of the borrower from additional services. And sometimes they even lie directly, emphasizing that no one will do insurance. Weakened attention allows you to skip an important line. And here it is, dear insurance, issued to the borrower. Solution to the problem: read the contract very carefully, not focusing on the words of the manager. Otherwise, you can skip the line about additional services and, accordingly, take out insurance. It is also advisable to do the calculation of the amount of the loan and the money to be returned on your own. Or at least require a printout with calculations from the bank, they are obliged to provide it. Refusal of insurance when applying for a loan In the process of concluding an agreement with a bank, the borrower, in order not to overpay and not delay his own money, is simply obliged to carefully reread the agreement.

Do I need to pay a commission to the bank for the transfer of credit funds?

Article 942 of the Civil Code of the Russian Federation provides in paragraph 2 as essential conditions personal insurance contract data: 1) on the insured person; 2) on the nature of the event, in the event of the occurrence of which in the life of the insured person insurance is carried out (insured event); 3) on the amount of the sum insured; 4) on the duration of the contract. From these provisions it follows that without the policyholder (bank) informing the insurance company of the data on the insured person (borrower), a personal insurance contract cannot be concluded. conclusion of a contract of personal life and health insurance of the borrower with the insurance company and are not any additional service provided by the bank to the client.

Commission for connection to the voluntary insurance program

The banks decided to abolish commissions, which were considered important income. Over time, the rates for lending money have risen.

Important

When the Federal Law “On consumer loans” came out, a new problem arose - the imposition of insurance when borrowing funds. Many clients began to submit applications that if they refuse the service, loans are not issued.

Attention

Moreover, the price of insurance is quite high, and a refund can not be made under every contract. This increases commissions, and clients do not know their rights.

Out of fear of being denied credit, people take out insurance. Even if the contract has been concluded, you need to know how to return the loan insurance.

Who needs it? The need for insurance is still there. Banks receive money back guarantees under different conditions.

When the insured event occurred, Insurance Company transfers funds to the bank.

Credit insurance: how to get your money back?

Info

Usually, some principles are involved in this. So, it is necessary to focus on the wording in the loan document, which is associated with insurance. The contract indicates that it is valid for the entire period of use of funds.

It turns out that if the loan is paid ahead of schedule, then the obligations to the bank are fulfilled. You can also refer to the fact that there is no risk. The document is drawn up so that with the onset of an insured event, the funds are returned to the bank.

If the money was given ahead of schedule, then such protection is not required. By law, an insurance document is valid until the period for which it was issued, or if there are no risks of an insured event.

Then the company is obliged to return part of the premium. Not always such arguments work for insurance companies. Typically, issues are resolved through the courts. The results are determined by the position of the judge.

But the possibility of a refund exists.

Return of loan insurance in 2018

Arbitration courts, as a rule, agree with the position of Rospotrebnadzor on the illegality of this bank service, which is regarded as imposed on the consumer. Case law example A loan agreement provides for the collection of a fee for joining the Life and Employment Insurance Program of loan borrowers and holders credit cards CB Vostochny, the fee is 0.40% per month of the established lending limit.

How to cancel credit insurance

Is it legal?

• bank commission for settlement service(loan servicing)
• The bank charges a fee for servicing an account. Administrative responsibility of the bank
• When the bank's commission for account maintenance is legal.

  Arbitrage practice

• When the bank's commission for servicing an account is illegal. Arbitrage practice
• Account service fee consumer card Alfa Bank
• Bank commission for payment of insurance premiums.
  Participation of the borrower in the bank's insurance program
• When the terms of the loan agreement on the insurance of the borrower are legal. Arbitrage practice
• Bank commission for servicing the overdraft limit.

How to return the commission on the loan?

The Judicial Board concluded that the service of collecting payments for connection to the Bank's Borrower Insurance Protection Program is imposed and, moreover, not rendered (Determination of the Sverdlovsk Regional Court dated March 29, 2012 in case N 33-2647 / 2012) In the case, the court stated the following: Since the insurance contract is not binding and was not concluded between the bank and the borrower, charging a commission for insurance is illegal. It is contrary to the law to charge a commission by the bank (reimbursement of the bank's expenses for insurance), since the conclusion of an insurance contract is not mandatory, does not fall under Art. 935 of the Civil Code of the Russian Federation, establishing cases compulsory insurance. In addition, as such, the insurance contract was not concluded, and the defendant is not an insurance company.
The legislation does not provide for the bank's right to demand compensation from its customers for bank expenses under agreements concluded by the bank with third parties, which means that the specified provision of the agreement is invalid by virtue of Art. 168 of the Civil Code of the Russian Federation (Appellate rulings of the Sverdlovsk Regional Court dated August 13, 2014 in case No. 33-10139/2014 and dated March 27, 2014 in case No. 33-4036/2014). Moreover, often banks cannot prove the incurring of any expenses for the provision of this service (Determination of the Leningrad Regional Court dated 06.03.2014 N 33-1063 / 2014). However, there is also judicial practice where the courts refused to satisfy the requirements on this basis. At the same time, in most cases, the courts, when adopting their judicial acts, did not investigate the essence of the legal relations of the parties.

Bank commission for the transfer of insurance on a loan

If this still happened, then the price of the service does not need to be included in the loan, since interest will accrue on this amount. After paying off the loan, the return of insurance is required by law. The client must submit an application, which will be considered by the bank. Please note that funds are not transferred automatically.
Only after writing an application, submitting copies of documents and making a decision, money is paid. The condition for the transfer of funds is an application. You can return insurance on a Sberbank loan if the client has a disease in which documents cannot be signed. The list of exceptions is in the contract. But before the signatures, medical examinations do not pass, and the client may not know the exceptions, which is why he pays for the services. In such cases, it is necessary to apply for recalculation and compensation of money.
But this procedure does not apply to the collective insurance contract. It is not subject to the “cooling off period” rule at all; returns cannot be issued during these five days. Attention! From January 1, 2018, the "cooling off period", as it was called in the instruction of the Central Bank of the Russian Federation No. 4500-U, will be increased from 5 to 14 days. See also: What needs to be done to transfer money from Ukraine to Russia? There is one caveat when returning insurance during this period. If this is not done immediately, but, for example, within 4 days, the contract is already in effect, and the services will have to be paid for the past time. That is, the borrower starts using the service. And for the time that he used it, certain percentages will be deducted.
After 5 days The next step is an attempt to return the insurance after the "cooling off period" is over.