The conclusion of an agreement on the provision of credit funds between a banking institution and the recipient of the loan is a documentary confirmation that the parties have reached a consensus on the procedure, terms and other essential conditions for repayment Money that are set out in this agreement.

In practice, in most cases, the acceptance of these conditions actually means that the borrower agrees to the requirements put forward by banking institution regarding the timing and procedure for making payments on the loan. However, the very fact that the borrower signs a loan agreement, the second party to which is the bank that provided it, means his readiness to fulfill these requirements.

Thus, a violation of the terms of the signed agreement is a non-compliance by an individual who received a loan of funds from a banking institution, assumed financial obligations. Failure to comply with any of the clauses specified in the contract may be considered as a violation of the conditions. So, for example, if an agreement signed between a bank and an individual involves the monthly payment of a certain amount of money to pay off a loan debt, payment of a smaller amount means non-compliance with the terms of the agreement. Similarly, if the agreement specifies a specific date on which the payment must be made, for example, the tenth day of each month, paying the amount of money to pay off the existing debt after the due date will constitute a violation of the terms of the loan agreement. In this case, different options for solving the problem are possible: for example, the parties can use the form of a settlement agreement.

In such a situation, a banking institution has the right to make claims against the borrower if he refuses to fulfill his financial obligations. As a rule, in accordance with established practice, such claims in case of refusal are initially presented to him out of court: the bank independently searches for the borrower and issues a demand to him for the payment of the missing amount of money, and often penalties associated with his failure to comply with the terms of the contract. If, in the process of trying to out-of-court settlement of the conflict, the borrower continues to evade fulfillment of his obligations or completely hides from the specialists of a banking institution, the latter have the right to apply to the judicial authority with a statement of claim to recover from the non-payer his debt on the loan in case of refusal to repay the financial obligations assumed .

Possibilities and expediency of concluding a settlement agreement between a banking institution and an individual

However, both in the case of pre-trial settlement of issues related to the presence of outstanding debts, and in the event of an attempt to resolve them in court, the bank's success in obtaining the amounts due to it largely depends on the financial situation of the borrower. So, if his failure to fulfill his obligations is due to the fact that, for example, he accidentally missed the payment deadline, since he was not in the city on the next repayment date provided for by the agreement, it will be enough for the bank to simply collect the amount that he should receive from the borrower. However, in the event that his financial situation deteriorated sharply, he may indeed be unable to fulfill his obligations in the same volume in a timely manner. In this situation, one of the ways out may be a proposal to conclude a settlement agreement. which the borrower puts forward in relation to the bank.

In accordance with established practice, it is the borrower who proposes to the financial institution the terms of the settlement agreement, which could, on the one hand, be feasible in its current financial situation, and, on the other hand, be effective enough so that in the end it still fulfills the obligations taken. assume financial obligations. Having received such an offer, the banking institution, in turn, must consider the terms of the settlement agreement put forward and form its own assessment of the degree of their acceptability.

If the proposed conditions seem unsuitable to the banking institution, it may send the borrower a refusal in the settlement agreement. However, the specialists of the organization should take into account that in some cases such a refusal may entail the need to participate in a lengthy judicial procedure, as a result of which a decision may be made in favor of the borrower. Therefore, the refusal to conclude a settlement agreement is a step that must be carefully weighed in terms of assessing further developments.

If the proposed conditions, perhaps after some adjustments to the term or other parameters of the agreement, suit the banking institution, a settlement agreement must be concluded between them that meets all the requirements of the current legislation. In addition, it is necessary that the bank's specialists approve the settlement agreement proposed by the borrower.

Form of concluding a settlement agreement in the presence of outstanding loan debt

According to Article 140 of the Arbitration Procedure Code Russian Federation, an individual concluding a settlement agreement with a bank must sign this document in writing.

Refusal of this method of registration of the agreement entails the recognition of the invalid agreement reached between the parties. At the same time, when signing the agreement, each of the parties must present documents confirming its authority to sign it: otherwise, in case of refusal to present Required documents subsequently, it can be proven that one of the parties did not have the appropriate authority, and the signed agreement will be declared invalid.

The same article of the specified section of this legal document requires that the settlement agreement concluded between the parties contains all essential conditions that accompany the fulfillment by the party or parties of the financial and other obligations assumed. In particular, in modern practice, an amicable agreement between an individual and a bank most often implies a significant change in the terms of the original loan agreement.

An example of a settlement agreement may contain an agreement to restructure the loan by extending its repayment term: in this regard, each monthly payment becomes smaller, which allows the borrower to repay this loan in the conditions of its current financial situation, which has undergone a significant deterioration compared to the original one. Another common way to reduce the debt burden on the borrower is to provide him with a deferral of payment of the principal debt: for a certain period established by the terms of the settlement agreement concluded between him and the bank, the borrower is only required to pay interest on the loan without repaying the principal debt. All such conditions, as well as the deadlines for fulfilling the client's obligations to the bank, must be recorded in the document.

Circumstances and conditions for concluding a settlement agreement provided for by the current legislation of the Russian Federation

All these and similar conditions must be clear and unambiguous in the form of a settlement agreement. At the same time, paragraph 4 of Article 140 of the Arbitration Procedure Code of the Russian Federation requires that the number of copies of the signed agreement be determined in accordance with the number of parties that signed it. In addition, they will need to generate another additional copy of the document, which will need to be submitted to the judicial authority, in case the case is already being litigated. This additional agreement may be required in other cases, for example, with the intervention of bailiffs.

Indeed, in practice, the proposal to conclude a settlement agreement comes from the borrower most often already at the stage of the trial in the case of recovery of outstanding debt from him. At the same time, however, it should be borne in mind that such an agreement can be reached by the parties even at the stage of pre-trial settlement of the conflict over the existing debt. In addition, it must be taken into account that a banking institution and an individual can conclude a settlement agreement at any stage of the trial or after its completion, when the procedure for enforcing the decision issued by the judicial authority has begun.

Settlement agreement on an overdue loan.

Settlement agreement on an overdue loan.

If all the possibilities for the return of overdue debt on a loan in a pre-trial order by the bank have been exhausted, but there is no result, then the credit institution, as a rule, files a lawsuit in court. But even during the trial, the debtor has a chance to peacefully resolve all issues with his creditor. The bank can meet the needs of the recipient of the loan by entering into an amicable agreement with him. However, this happens extremely rarely, for example, in the case when the client has to pay a really substantial amount, and the bank is confident that the borrower is able to repay most of the debt.

Representatives of banking institutions say that the initiative to conclude a settlement agreement should come from the recipient of the loan. The debtors offer to resolve everything to the mutual satisfaction of the parties, if it becomes clear that they have lost the case. As a rule, these are people who deliberately did not want to consider any options before the start of the trial, and then backpedaled.

The recipient of the loan, starting a conversation about signing a settlement agreement, offers a list of concessions that he would like to receive from the bank, and he already makes a decision on them and voices his options. For example, if a borrower requests that he be given the opportunity to repay the debt in installments within two years and write off part of the penalty, the bank, having assessed the real financial situation of the debtor, can offer him two options to choose from. Namely, repaying the loan in two years and writing off 25% of the penalty or paying off the debt within one year, but at the same time, 50% of the penalty is already forgiven.

Statistics are silent about what percentage of litigation credit matters ending with the conclusion of a settlement agreement. However, experts note that such cases in judicial practice A little. Banks approach the conclusion of settlement agreements selectively, as a rule, these are exceptional situations. The reason is that for a banking institution, a settlement agreement implies certain concessions, and is also associated with time costs. As a rule, such documents are signed when collecting large loans, for example, on a mortgage.

One desire of the borrower to part peacefully, supported by a large amount of debt on the loan, is not enough to conclude a settlement agreement. Much is determined by the behavior of the debtor during the trial. If an unscrupulous loan recipient has not previously made contact, despite the fact that his financial situation allowed him to repay the debt to the bank, then most likely the credit institution will not meet him halfway and will try to complete the case with a court decision with all the ensuing fines and interest payments. Do not rely on the mercy of the bank and in the case of obvious benefits for him.

On the contrary, if the conclusion of a settlement agreement will allow the credit institution to receive money faster than in the framework of enforcement proceedings, then such a step on the part of the bank is quite likely. As a rule, in such cases, a banking institution requires confirmation of the seriousness of intentions, in particular, asks the client to pay part of the loan debt before signing a settlement agreement.

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What should a borrower always remember?

Until 2008 credit funds individuals, entrepreneurs and enterprises, small, medium and large businesses used abundantly. Considering the speed of development of the country's economy, the money received in debt from the bank brought income, which was enough to repay interest, the body of the loan, and a considerable part of them remained.

Among the debtors, perhaps, only representatives of medium and large businesses in the state or outsourced had specialists in the field of finance, jurisprudence, economic security, and sometimes risk management. All the rest of such specialists never had.

Sometimes the application for loans was accompanied by loan brokers - a new profession for the market of people who helped to get money on a loan from banks. In banks, the decision to issue loans was made by credit committees. Depending on the amount requested, the composition of the credit committee and / or the package of documents could be more or less. In any case, the minimum composition of the committee was formed by specialists in the field of finance, jurisprudence and security (including economic).

Why all this?

The main thing that the borrower should remember is that of the two parties to the loan agreement (the borrower and the bank), the bank has always been more likely to predict the onset of negative consequences in the economy, called a crisis. It was banks with large staffs of highly paid specialists who could and should have foreseen possible future problems.

The borrower is a consumer of banking services without special knowledge in the field of finance, jurisprudence, etc. Absurdly, many borrowers blame themselves. They consider themselves guilty of getting a loan, putting their family in a difficult financial situation, causing difficulties to their friends, relatives or business partners. Borrowers should remember - if they are to blame, then only in ignorance. Therefore, the negative consequences of not repaying the debt should be borne by both parties: the borrower and the bank.

Negotiations with the bank

A problem loan is a problem for both the borrower and the bank. When negotiating with the bank, this should be taken into account, as well as the absence of the borrower's fault. Some tips when negotiating with a bank:

Strive for an amicable agreement. We believe that the best way out of the situation is problem debt - an amicable agreement with the bank. The result of such an agreement may be debt restructuring, offset of counterclaims, deferral of the loan body and/or interest, forgiveness of part of the debt, etc. You need to contact the bank. If you have a bad debt, then the first step of a lawyer after getting acquainted with the case should be a meeting with the bank. Be proactive and offer the bank options for a settlement agreement.

Consider the authority of the bank representative. When negotiating with a bank, you need to remember that a bank is a multi-level and complex structure. Each level has its own scope of powers. If your offer was rejected, this does not always mean that it is not suitable. Perhaps the authority of the representative does not allow decisions on this kind of proposals. The bank is the stronger side of the negotiations. This in no way means your conciliatory position. Each side has both pluses and minuses in the position. It's just that the bank often has more strengths than you. But, it also has its weaknesses.

Improve your speaking position. This can be achieved by finding your strengths and maximizing them. Another way is to find the bank's weaknesses and maximize them. For example: The bank assessed the collateral and it turned out to be much less than you expected. Your possible actions:

make your assessment

to study the assessment of the bank, in order to find violations of the procedure and biased criteria in the assessment

search for options to increase the value of the collateral (business plan for use, change in characteristics (change of purpose, functional purpose, joint activity, partner, investor, etc.).

Always have a back exit. In order not to make a decision right at the meeting (which is fraught with the adoption of sudden unfavorable decisions), it is possible to come up with a person with whom it is necessary to agree on the terms of the decision (including the terms of the settlement agreement). This person can be a spouse, manager, partners, board of directors, supervisory board, lawyer. If possible, negotiate on your own territory. As they say, houses and walls help. However, it should be remembered that the willingness of the borrower to come to a meeting at the bank may mean for the representative of the bank a willingness to negotiate and openness on your part.

In some cases, it is possible to achieve another result for the borrower - buyout own debt at the bank. This can be both through a third-party and through a structure affiliated with the borrower. Achieving such a result is not easy and requires the construction of a clear strategic and tactical plan for the borrower, taking into account his individual situation, the features of the provision, the history of relationships, the current financial situation, the availability of leverage. But the implementation of such a strategy allows us to solve the debt problem with a discount of up to 80%.

Litigation should be viewed as a tactical step towards achieving the strategic goal - a settlement agreement. Why litigation is only one of the stages of solving the problem - we will describe below.

legal battle

Litigation with a bank is a tactical step in the problem debt resolution process. It can be used to improve your negotiating position.

How can litigation be used?

Draw up the dispute. For example, dragging out a dispute regarding foreclosure on the amount of debt or collateral is not beneficial for the bank. The suspension of this litigation will allow the negotiation process to be transferred from the walls of the court. Think for yourself: a representative of the bank takes part in the court, not authorized to decide on any options for an agreement. He has only one goal - to win the process. Would you be able to constructively negotiate something with someone with that kind of authority and mandate?

Maximize the strengths of your position. Conduct an appraisal of the value of the collateral.

Maximize the bank's weaknesses.

Establish the facts of violations committed in the process of issuing a loan

Justify the violations committed when transferring debt from one bank to another (if any)

Establish facts of violation of the bank's succession procedure (if any).

A lawyer can and should help the borrower in litigation with the bank. It is best that your lawyer helps you not only in litigation with the bank, but also strives to achieve the main goal - a settlement agreement.

Grounds for litigation with banks:

a significant change in circumstances (an increase in the exchange rate, a ban on business (gambling), other objective factors)

violation of consumer rights (in case of concluding a loan agreement with an individual)

change in the conditions of the main obligation in the event of the conclusion of a suretyship agreement

violation of the rights of children and / or incapacitated persons.

Foreign exchange loans illegal?

Many lawyers who help clients in solving problems with bank debts offer to recognize loans issued in foreign currency illegal through the courts.

In some cases, such a step is possible, or even necessary. However, it is not an end in itself, because after the recognition of the loan agreement as invalid, the problem with interest is sort of solved, but the body of the loan remains. And you will have to return it.

In addition, during the presentation of such claims in higher courts, the practice of considering such cases not in favor of debtors has already developed. The Supreme Court of Ukraine, the High Economic Court of Ukraine and the High Specialized Court of Ukraine for Civil and Criminal Cases take the side of banks in their decisions.

The best time to negotiate

Ironically, the success of negotiating with the bank depends on the moment in time. Troubled debt for the bank - a negative line in the reporting. At the end of the reporting period, each bank wants to come up with the best performance. In addition, the bank plans its activities. Both the indicators of the bank as a whole and each department of the bank in particular are planned. Including in the department whose representative is negotiating with you. Different banks may have different periods. The best time for a settlement agreement with the bank can be suggested by a lawyer.

collectors

Selling debt to collectors is one way of solving problem debt for a bank. If your debt is sold to collectors, you should remember some rules for negotiating with them:

Require provision complete package assignment documents. According to the Civil Code of Ukraine, the debtor may not fulfill obligations until the presentation of documents confirming the transfer of the debt. Such documents may be a contract of assignment of the right to claim (assignment contract) or a factoring contract. In case of concluding a factoring agreement, the new creditor (collector) must have the status of a financial institution, and the agreement itself must meet certain criteria. Otherwise, the assignment is considered invalid.

Limit interference with privacy. Warn that contacts related to the return of debt received for commercial purposes outside of business hours are illegal. Contacts by personal number phone, home phone number - are also on the verge of legality. Collection activities are less regulated than bank activities. This allows you to use additional techniques in negotiations, both for the new debtor (collector) and for you.

Benefits of the Decision of the Constitutional Court of Ukraine for borrowers - private enterprises

Recently, the Constitutional Court of Ukraine adopted a decision in which it determined that a private enterprise registered in the name of one of the spouses is joint property. This means that when applying for a loan, a private enterprise needs to obtain the consent of the second spouse. There is certainly a benefit from such a solution for borrowers-private enterprises. Issuing a loan without the consent of the spouse is a violation of the procedure, and may lead to the invalidity of the contract. But, just as in the case of recognizing the issuance of a loan in foreign currency as invalid, the problem with interest is solved, but the return of the loan body remains.

Breach of Succession and Transfer of Debt

In our practice, there were disputes with different banks. Having deeply studied the situation for each of the creditor banks, we can say with confidence that serious procedural violations were committed during the reorganization of some Ukrainian banks. In addition, in one of the largest banks in Ukraine, when acquiring debt from a bankrupt bank, gross violations of the procedure for acquiring such debt were committed.

As part of our article, taking into account the interests of our clients, we cannot disclose the names of these banks. However, if your debt to the bank was transferred from one bank to another, or your creditor bank went through a reorganization procedure, draw your lawyer's attention to these aspects.

Financial and property guarantors

Problem debt sometimes creates problems for guarantors. After all, sometimes, objects that were jointly owned by business partners were transferred to secure a debt to the bank, friends or partners acted as financial guarantors.

Tips for guarantors:

Participate in the negotiation process with the bank, or at least control their conduct. This will allow you to protect yourself from unwanted, like snow, decisions are not in your favor.

Negotiate with the borrower. If for the borrower the main party of negotiations is the bank, then for the guarantor - the borrower. Remember that in the case of foreclosure on the subject of collateral or collection of the amount of debt from the guarantor, the borrower's recourse obligations to the guarantor are created. In the event of such a situation, you should respond immediately. At the time of satisfaction of claims, the bank releases the arrest from the property of the debtor (borrower). The debtor, naked as a falcon, will not bring you any benefit. Control the appraised value of the collateral. It shouldn't be understated.

Who is responsible for negotiating with the bank?

The best negotiator with a bank is a person who has knowledge in the field of law and finance, who knows the specifics of the processes taking place in the bank. A full-time lawyer, of course, can become such a person. But remember that there is specialization in jurisprudence, as well as, for example, among doctors. And your corporate lawyer is not always familiar with the legal relations that arise between the debtor and the bank. Just as a therapist cannot help a patient with appendicitis, so a company's in-house lawyer cannot fully help with bad debts to a bank.

What is included in our services?

When working with a client's problem debt, we can offer:

in-depth analysis of documents and consulting regarding the prospects for negotiations

development of strategy and tactics of negotiation

drafting a fair settlement agreement

participation in activities related to the return of your debt

protection of your interests in litigation with the bank

mediation and negotiation of varying complexity

drawing up an individual algorithm for the purpose of redemption of debt to the bank with a discount of up to 80% of the debt amount

execution support.

The result of our work will be a comprehensive protection of your interests, the preservation of the collateral in full or in part that satisfies you, as well as the conclusion of a fair settlement agreement that meets your interests.

When working with a client's problem debt, we protect the interests of the client in the complex. Our partners will be your partners. Professionals from an audit company and a factoring company, as well as appraisers, will help you achieve maximum results.

The cost of our services is individual and depends on the complexity of the specific situation.

We are always happy to offer you:

acceptable prices

short time

great experience

highly professional employees

special conditions for partners and regular customers.

Do banks make concessions to debtors - individuals

An agreement between a financial institution and an individual (borrower) is extremely rare. But now it is very popular. The impact is the crisis, due to which the number of loan delinquencies has increased. The essence of signing the agreement is not to reduce the penalty, but to increase the payment period.

More often, proposals for a settlement agreement come from the debtor and it is during the trial. Usually, the issue of the agreement is not raised before the court. And when the borrower sees that he is starting to lose the case, he begins to touch on the conversation about the settlement agreement.

The client voices his desired proposals on how to repay the bank, and the creditor decides whether it is possible or not. Banks do not disclose how many lawsuits end in a settlement agreement, but they assure that there are very few of them, in some financial institutions there are only a few of them. Basically, amicable agreements are concluded when collecting mortgage loans.

The very desire of the borrower to leave on good notes is not enough. If the financial situation of the debtor did not allow him to repay the debt, and he avoided contact, the banks will not meet him halfway and will try to recover the loan through the lawsuit with all interest and fines.

The conclusion of the loan agreement informs that the parties have reached a mutual decision regarding the time and procedure for the return of money, and the borrower agrees to fulfill the requirements financial organization. Thus, if the debtor violates the terms of the contract, this is a non-compliance with obligations to the bank. For example, if the contract specifies a certain amount of a monthly payment, and payment is made in smaller size means that the borrower does not comply with the terms of the contract. Or when a specific payment date is indicated in the document, and the payment of the amount

debt is not made, then this will also be a violation of the terms of the contract. There are several options for solving this problem. One of them is the signing of a settlement agreement. There are situations when banks cannot properly resolve the issue of loan repayment, but basically, in the course of proceedings, the debtor tries to remain on good terms with the creditor. Financial institutions sometimes go towards the borrower and enter into an amicable agreement with him. Such cases are very rare, usually it happens when the borrower owes a large amount and the bank management is confident that he is able to pay part of the debt. These are mainly mortgages or business loans.

Do banks make concessions to debtors - individuals

An agreement between a financial institution and an individual (borrower) is extremely rare. But now it is very popular. The impact is the crisis, due to which the number of loan delinquencies has increased. The essence of signing the agreement is not to reduce the penalty, but to increase the payment period.
More often, proposals for a settlement agreement come from the debtor and it is during the trial. Usually, the issue of the agreement is not raised before the court. And when the borrower sees that he is starting to lose the case, he begins to touch on the conversation about the settlement agreement.

The client voices his desired proposals on how to repay the bank, and the creditor decides whether it is possible or not. Banks do not disclose how many lawsuits end in a settlement agreement, but they assure that there are very few of them, in some financial institutions there are only a few of them. Basically, amicable agreements are concluded when collecting mortgage loans.
The very desire of the borrower to leave on good notes is not enough. If the financial situation of the debtor did not allow him to repay the debt, and he avoided contact, the banks will not meet him halfway and will try to recover the loan through the lawsuit with all interest and fines.

In what cases is a settlement agreement with a bank possible?

The bank agrees to an amicable agreement only when it sees a benefit and understands that it will receive a debt faster in this way than through the actions of the executive service. Financial institutions may require confirmation of serious intentions, and more specifically, ask to contribute some part of the debt when concluding an agreement. It is very important for a financial institution to have evidence that the debtor really plans to continue paying the loan. Basically, after settlement agreements, there are no problems with the borrower.
You need to be careful with tax consequences. If the borrower went to reconciliation, the debited part

tax debt is treated as income received, from which it is necessary to pay tax. The bank may keep silent about this information.
According to the Arbitration Procedure Code of the Russian Federation, the borrower, when concluding a settlement agreement with the bank, must sign this agreement in writing. Without signing such a document, the agreement is considered invalid. In addition, each party must present documents that confirm the authority to sign. The agreement must contain an agreement on the restructuring of the debt by the method of increasing the term of its payment. Each subsequent monthly payment should be less, which allows the debtor to repay the debt in an unstable financial situation.
The number of copies of the contract must match the number of parties involved in the transaction. Another such contract is transferred to the judicial authority, in case this case is considered in court.

What to do if there is nothing to pay the loan

There is another method of repayment of arrears. On the amount of the principal debt that the debtor borrowed, a deferment is proposed for a certain period, and interest must be repaid monthly in the specified amount and before a specific date. All provided obligations are recorded in the document.
In Russia, during the crisis, many companies found themselves in a difficult financial situation. Some suffer from a lack of sales, others from growth accounts receivable. But it is important how debtors behave in such situations.

If he makes contact and shows his real financial turnover, the bank yields to such borrowers and restructures the debt. There are companies that deliberately bring it to bankruptcy in order to default on debts. Often banks deliberately do not agree to a settlement agreement in order to get the borrower's company. There were cases when debtors won legal proceedings and were exempted from paying accrued interest on the amount of the debt. But after that, all banks refused loans to these companies. Therefore, the borrowers were forced, contrary to the court decision, to lay down the settlement agreement and pay their debt.

SETTLEMENT AGREEMENT

G. #######

Closed Joint-Stock Company Commercial Bank #######, located at: #######, TIN #######, correspondent/account ####### in Branch ####### ####### of the main territorial department of the Central Bank of the Russian Federation, BIC #######, which is a credit institution under the laws of the Russian Federation (Bank of Russia license for banking operations No. #######) represented by representative ####### acting under power of attorney No. ####### dated July 11, 2012, hereinafter referred to as the "Claimant, Bank", on the one hand,

and #######, citizenship of the Russian Federation, gender female, date of birth-03/21/1959, passport of a citizen of the Russian Federation #######, issued by the Department for the District ####### OUFMS of Russia by ####### in SEAD on 06/07/2010, subdivision code ####### , registered at: #######

hereinafter referred to as the "Respondent" on the other hand, and collectively referred to as the Parties, concluded this amicable agreement in civil case No.#######on the Bank's claim against the Respondent for the recovery of debt under loan agreement No.####### from 22.02.2007 (hereinafter referred to as the Agreement), in accordance with Articles 39, 173 of the Code of Civil Procedure of the Russian Federation, as follows:

1. The Claimant and the Respondent hereby agree that the amount of the Respondent's debt to the Claimant under Loan Agreement No. ####### dated 22.02.2007. (hereinafter referred to as the Loan Agreement) as of 03.07.2013 is406,597 (Four hundred six thousand five hundred ninety-seven) rubles 95 kopecks, including:, including:

The amount of overdue debt - 38137.99 rubles;

The amount of interest for using the loan is 98,581.28 rubles;

The amount of penalties for violation of the terms of repayment of the loan - 185,119.61 rubles;

The amount of penalties for violation of the terms of payment of interest - 84,759.07 rubles;

In addition, the debt to pay the costs of the state fee paid by the Claimant for the consideration of the claim in court is 7,013.94 rubles.

2. For the purpose of concluding the Agreement, the Parties have agreed that the Claimant (the Bank) waives 100% of the penalty for violation of the terms of repayment of the loan in the amount of 185,119.61 rubles, specified in clause 1 of this Agreement and 100% of the penalty for violation of the terms of the return of interest for the entire period of interest accrual in the amount of 84,759.07 rubles, specified in paragraph 1 of this Agreement, i.e. forgives the debt to the Defendant in this part.

3. The defendant at a time on the day of approval of the settlement agreement by the court repays the overdue debt in the amount of 38,137.99 rubles. and interest in the amount of 98,581.28 rubles, as well as a state duty in the amount of 7,013.94 rubles.

4. The funds received from the Respondent are debited to the Claimant's account in accordance with Article 319 of the Civil Code of the Russian Federation.

5. In case of payment of funds within the time limits and in the amounts specified in clause 3 of the Agreement, the Obligations of the Respondent to fulfill this Settlement Agreement and the Loan Agreement are considered to be duly executed from the moment the funds are received on the Claimant's (Bank) Account specified in clause 10 Agreement "Signatures of the Parties to this Settlement Agreement". On the day the obligations of the Respondent specified in paragraph 3 of the Agreement are fulfilled, the obligations of both the Respondent and the Claimant under the loan agreement are terminated, the loan agreement is considered fully executed and terminates its legal effect.

6. In case of non-performance and / or improper performance by the Respondent of the debt repayment procedure, including in case of violation of the deadline established by paragraph 3 of this Agreement or the payment of an insufficient amount of the payment specified in paragraph 3 of this Agreement, starting from the first day of delay the agreement between the Claimant and the Respondent on the forgiveness of the debt in the form of a penalty (penalty) is terminated in full. In this case, the settlement agreement loses its force, and the loan agreement does not terminate. The amicable agreement does not change the terms of the Loan Agreement.

7. The Parties hereby confirm their agreement that in case of improper fulfillment by the Respondent of clause 3 of the Agreement on the repayment of debts and the term for the execution of the Agreement, the Claimant applies to the court for a writ of execution.

8. This amicable agreement is made in 3 (three) copies, one for each party and for the court. The settlement agreement comes into force after its approval by the court.

9. The settlement agreement does not violate the rights and legitimate interests of other persons and does not contradict the legislation of the Russian Federation.

The consequences of concluding a settlement agreement, provided for in Article 220 and Article 173 of the Code of Civil Procedure of the Russian Federation, are explained and understandable.

Application:

1. Copies of the Certificate of Divorce (Respondent's Surname changed from ####### to #######) on three sheets, one for each copy of the Agreement;
2. Copies of the Marriage Certificate (Surname of the Respondent changed from ####### to #######) on three sheets, one for each copy of the Agreement;
3. Certified copies of the Power of Attorney for the representative of the Claimant (Bank) No. ####### dated 11.07.2012. addressed to ####### on three sheets, one for each copy of the Agreement.

10. Signatures of the parties to this settlement agreement:

For the Claimant:

Attorney-in-fact

___________________/ #######/

Claimant's account details:

TIN ####### KPP #######, BIC #######,

correspondent/account 3####### at Branch ####### ####### of the main territorial department of the Central Bank of the Russian Federation

OGRN #######

Respondent:

/_________________/#######/

1. There is a loan from the Savings Bank. Due to certain circumstances, I could not pay. The creditor sued performance list. According to the The sheet had nothing to take from me, but I came to the bank to settle. I went to sign a settlement agreement with the aim of getting into a new schedule for payments and refinancing, because under the loan agreement 24% per annum. I was told that there would be no problems. And after the approval of the agreement by the court, the bank, to all credit bureaus, transferred my Status from LOAD to Timely and I could refinance, but after 2-3 days I transferred it back to Status - LOAD, after which all banks will refuse to refinance. As I understand it, it is beneficial for Sberbank to extort 24% per annum from me. I wrote a claim, but they told me "because you signed the Settlement Agreement, we will not change the Status." I informed them that I would not be able to pay such interest. QUESTION - 1) can I terminate the settlement agreement, tk. when signing it, I was not aware of this circumstance (not the possibility of refinancing). Paying 1.5 times more interest is not in my interests. 2) or file a lawsuit to terminate this loan agreement. 3) or wait from them for judicial and executive documents.
According to the They will have nothing to take from the list, I pay alimony more than 50% of my salary.

Lawyer Kalashnikov V.V., 188671 responses, 61686 reviews, online since 09/20/2013
1.2. 1. No, you can't. There are no grounds for this (Art. 450, 452 of the Civil Code of the Russian Federation)
2. You will also not be able to terminate. No reason. In that case, you need to file for bankruptcy.
3. You can wait, but this will not solve the problem. Bankruptcy may ultimately be the only way out. Federal Law "On Insolvency (Bankruptcy)" dated October 26, 2002 N 127-FZ, art. 7-9

Lawyer Aisin R. A., 134 responses, 98 reviews, online since 23.09.2019
1.3. Good afternoon
There is no reason to terminate the loan agreement and the settlement agreement.
However, as follows from Part 5 of Art. 809 of the Civil Code of the Russian Federation - the amount of interest for using a loan under a loan agreement concluded between citizens, two or more times higher than the interest usually charged in such cases and therefore being excessively burdensome for the debtor (usurious interest), may be reduced by the court to the amount of interest, usually charged under comparable circumstances.
In your case, the amount of interest has been increased several times and therefore there is every reason to recognize them as usurious and qualify this as an abuse of the lender's right.

In summary, you reserve the right to reduce to the amount of interest normally charged under comparable circumstances, by legal action.

1.4. The procedure for appealing a settlement agreement in civil proceedings makes it possible to do this within 15 days after the signing of a settlement agreement. An appeal against a settlement agreement is carried out by filing a private complaint in the manner prescribed by Article 333 of the Code of Civil Procedure of the Russian Federation against a court ruling approving a settlement agreement.

Lawyer Ikaeva M.N., 14628 responses, 6698 reviews, online since 03/17/2011
1.5. Hello Sergey Valerievich

First of all, you need to appeal against the decision of the court on the settlement agreement in the appeal procedure.
You will not be able to file a claim for termination of the loan agreement in connection with the concluded amicable agreement, you will be denied a claim under Article 220 of the Code of Civil Procedure
If you do not appeal the settlement agreement and will not fulfill these obligations, then wait for enforcement proceedings

The decision to conclude a settlement agreement may be appealed to a higher court. If it is established that the amicable agreement is contrary to the law or violates the rights and legitimate interests of other persons, the said ruling may be canceled and the case sent for a new trial (Resolution of the Presidium of the Moscow Regional Court dated April 6, 2005 N 206

© ConsultantPlus, 1997-2019

Lawyer Sadykov I. F., 49435 responses, 26528 reviews, online since 10/11/2017
1.6. Hello, dear Sergey Valerievich! Let's go in order.
1) Alas, no. If a settlement agreement has been concluded, approved by the court (Article 173 of the Code of Civil Procedure of the Russian Federation), then you cannot arbitrarily terminate it. Not for this reason. The impossibility of refinancing the obligation is not a basis for terminating the settlement agreement or declaring it invalid.
2) There are also no grounds for suing to terminate this loan agreement. You need to fully fulfill your obligations (Art. 309, Art. 819-821 of the Civil Code of the Russian Federation), then the contract will terminate.
3) You can not wait, but execute the court ruling on the approval of the settlement agreement. But if you pay child support, this does not mean that they will not be able to withhold. After all, according to part 3 of article 99 federal law dated October 2, 2007 N 229-FZ "On Enforcement Proceedings" it is possible to foreclose on 70% of the debtor's income in the presence of maintenance obligations to minor children. Those. they can still claim. Good luck in resolving your issue!

Lawyer Shabanov N. Yu., 20164 responses, 9651 reviews, online since 03/23/2017
1.7. Hello, 1) There are no grounds for terminating the settlement agreement, since it does not contain a refinancing clause;
2) There are also no grounds for terminating the loan agreement;
3) Let them submit a writ of execution to the FSSP, and the bailiffs are already figuring out how to distribute the money withheld from you between alimony and the bank. 98;99.

Lawyer Plotnikov A. G., 337 responses, 224 reviews, online since 21.09.2019
1.8. According to Art. 392 of the Code of Civil Procedure of the Russian Federation, court decisions that have entered into force may be reviewed due to newly discovered or new circumstances. At the same time, the grounds for reviewing those that have entered into force judgments are, among other things, significant circumstances for the case that were not and could not be known to the applicant. At the time of the conclusion of the settlement agreement, you probably did not know that it would subsequently become impossible to execute the settlement agreement in this case - the ruling on the approval of the settlement agreement), on the following grounds. Civil Procedure Code of the Russian Federation. (excerpt) Article 392. Grounds for revising judicial decisions that have entered into force (due to newly discovered or new circumstances) 1. Judicial decisions that have entered into force may be reviewed in light of newly discovered or new circumstances. 2. The grounds for revising court decisions that have entered into legal force are: 1) newly discovered circumstances - those specified in part three of this article and existing at the time of the adoption of the court decision, significant circumstances for the case ... 3. Newly discovered circumstances include: 1) significant for the case, the circumstances that were not and could not be known to the applicant ... Article 393. Courts reviewing court decisions on newly discovered or new circumstances A court decision that has entered into legal force is reviewed on the basis of newly discovered or new circumstances by the court that adopted this decision. Revision, due to newly discovered or new circumstances, of the decisions of the courts of the appellate, cassation or supervisory instance, which changed or adopted a new judicial decision, is carried out by the court that changed the judicial decision or adopted a new judicial decision. Article 394 The specified application, presentation may be submitted within three months from the date of establishing the grounds for revision.

2. There is a court decision on recovery in favor of the bank credit debt, it has entered into force. Received a call from a bank representative with a proposal not to initiate enforcement proceedings with a discount of 60% of the debt amount. I said that this transaction must be formalized through the court by providing a settlement agreement or an assignment agreement. The representative said that they would issue a certificate and a credit order and there was no need to go to court, like the fact that this procedure is enshrined in the Civil Code, which I doubt. How to proceed? How to motivate your position?

Lawyer Tseher G.Ya., 15628 responses, 4799 reviews, online since 29.08.2002
2.1. How to proceed? How to motivate your position?
1. Execute the decision of the court.
2. Respect for the court.

Lawyer Fliginskikh E. N., 51 responses, 26 reviews, online since 20.02.2019
2.2. The main thing is that the bank issues you a certificate of no debt under this agreement. After that, he can no longer present anything.

Lawyer Gavrilov G. S., 16 responses, 9 reviews, online since 11/25/2018
2.3. And banks and insurance really offer such a discount to get at least some money, but immediately. If you are satisfied with the discount, you can pay. But before that, conclude an agreement with the bank that it was precisely on this decision that they agreed on just such an amount, and the bank has no claims to you after payment.

3. The situation is this with me, I took a car loan, a car of 200 tons, the loan amount is 323 tons under an agreement of 11600 payment for 60 months. (in the amount of the loan, the insurance that I was told can be waived, in fact, no).
In general, he paid about 200 tons, was fired from his job, could not pay. I called the bank, asked for a vacation, a deferment, they did not meet me halfway.
In the spring, a letter of happiness arrived, the bailiffs blocked the cards. A court decision was made to pay 430 tons (with the collection of bailiffs) yet. I turned to lawyers, paid them a decent amount, promised to mow down the interest. The decision in absentia was annulled, and a second trial was scheduled for 20.11, since no one showed up. Not even my lawyers (although they should have been there).
Today they told me that the best result is ready and the court will award me 389 tons. But they can write a demand for a Settlement Agreement. Like, I will pay this money in installments. By the way, I owe the bank, and the court with collectors according to the documents, called the bank, there is no longer a debt., And the lawyers tell me that we are suing the bank.?! To be honest, I have some doubts about their actions. Is there really nothing more that can be done? Do you really have to pay interest, and why the amount of the principal debt is 286 tons if I took 323 with insurance and paid 200. I do not understand.

Lawyer Shevchenko A.S., 405 responses, 285 reviews, online since 02.10.2018
3.1. Hello. To answer your question, you need to get acquainted with the materials of the case in court. You have the right to take photos of the entire case in court and show it to other lawyers to get an independent opinion.

Lawyer Filippova O.A., 2976 responses, 974 reviews, online since 17.04.2011
3.2. Roman, hello!

I advise you to contact a lawyer in your city.

From your question follows: 11600 monthly payment for 60 months? Do you have to pay 696,000 to the bank on the loan? Look at the payment schedule, it shows the final amount.
You paid the bank 200,000. Accordingly, you owe the bank 496,000.
Today they informed me that the best result is ready and the court will award me 389 thousand rubles. who announced the result?

4. At the suit of the Savings Bank, the judge at the preliminary interview suggested concluding an amicable agreement with the bank. I submitted an application, paid the state. a fee of 5000 rubles. but the bank replied in the negative.
The fact is that I have a guarantor and now it turns out that we were collecting a bunch of documents in vain, in addition, the bank heated me up for another 5,000 rubles, a month before the trial (the trial on September 17) interest ran up. In short, the bank drives us to the coffin with the guarantor. He is also retired with loans. I am currently quite solvent. I do not know on whose side the court will be? I took 150,000 rubles. Now I owe 180,000.

Lawyer Averkova T. N., 9951 responses, 7576 reviews, online since 04/11/2017
4.1. Leonid, I'm sorry. 180,000 is heavenly. They have the right to recover up to 450,000 rubles in this case. But apparently they themselves understand that it is not worth inflating the amount of debt.

4.2. Apply Art. Article 333, 196 of the Civil Code of the Russian Federation.

4.3. Be more specific in your question so that lawyers can answer it competently. Lawyers do not have all the information and cannot guess what your situation is and what exactly interests you.

5. 8 months of not being able to pay the mortgage. They took it in October 2014. I paid without delay until November 2018. Now on September 12 there will be a mortgage trial. Can I apply for a settlement agreement with a bank?

Lawyer Buymova M.S., 3776 responses, 1731 reviews, online since 08/08/2014
5.1. An amicable agreement is possible with the mutual desire of both parties to conclude it.

If the bank agrees, then it is possible.

Lawyer Kovresov-Kokhan K. N., 11275 responses, 5008 reviews, online since 03/17/2019
5.2. You should have previously applied to the bank for a "mortgage holiday".
now you need to negotiate with the bank.
Otherwise, you may lose your property.

If it is difficult for you to formulate a question, call the free multi-channel phone 8 800 505-91-11 a lawyer will help you

6. Please, how can I be! The situation is as follows: - I am the heir to the loan, I have entered into an amicable agreement with the bank for 2 years. And these 2 years regularly paid. But the moment of the end of the world agreement comes. And the residual is a very large amount and not feasible for me! Please tell me what can I do and how to do! Is it possible to extend the settlement agreement? Thanks for answers!

Lawyer Utkina S. N., 2482 responses, 1571 reviews, online since 07/01/2018
6.1. Askar, you need to read the settlement agreement.

Lawyer Kuramshin R. R., 841 responses, 851 reviews, online since 01/12/2019
6.2. Good evening Askar!
By approving the settlement agreement, the court terminates the proceedings, therefore, the possibility of changing the terms of the settlement agreement and approving it for the second time by the court procedural legislation not provided.
You can only agree with the bank, agree on a schedule for repaying the balance of the debt, upon execution of which the bank will not present a writ of execution to the bailiff service. However, this period can hardly be more than three years from the date of entry into force of the court ruling on the approval of the settlement agreement.

Lawyer Morozov V.Yu., 12207 responses, 4591 reviews, online since 04/05/2009
6.3. Hello Askar.
If you properly fulfilled the terms of the Settlement Agreement, the bank may extend it. Go to negotiations with the bank.

7. My husband and I took a mortgage for 10 years (the end of November 02, 2020, in February 2019 my husband was declared bankrupt and I, as a guarantor, fulfill the obligations to pay the debt without delay, but the bank sued me, arguing that my husband is bankrupt and asks to pay the remaining the amount of the debt (250,000) rubles or put the house up for auction, and this despite the fact that the amount of the debt is less than 5 percent (3.6%) of the declared appraised value of the house, the hearing was postponed, and I, as a guarantor, wrote to the bank an application for a settlement agreement, the bank in writing refused, citing the fact that they do not have internal documents in the bank allowing to conclude a settlement agreement, what should I do, tell me, thank you.

Lawyer Bogolyubov A. A., 19237 responses, 12726 reviews, online since 07/22/2017
7.1. Unfortunately, the conclusion of a settlement agreement is a free matter and nothing can be concluded without the consent of the bank to conclude it.

Lawyer Sharipov A.F., 4432 responses, 3231 reviews, online since 11/22/2016
7.2. Irina, since your case is already being considered in court, then you should focus on renewing the loan agreement with you ... by filing a counterclaim with the bank.

8. DD! I have a loan secured by an apartment (mortgage). Not exactly a mortgage, of course. Those. I received a loan not for the purchase of housing, but already had an apartment, which I pledged for a loan. Then financial problems began, delays began at the end of last year. I paid off that arrears. In February of this year, delays began again. At the end of May, I repaid the entire delay, but then it turned out that in mid-May the bank issued the entire amount of the loan for delay and filed a lawsuit (with a demand for repayment and foreclosure on the subject of mortgage). The first meeting has already passed. Second one coming soon. The bank employees told me that the entire amount of the loan for delinquency was issued automatically by the program and the claim was filed in court in error, but they can no longer withdraw. Therefore, a settlement agreement has allegedly already been agreed upon, and I am required to write an application for a settlement agreement. I have a couple of questions: 1. In such a situation, do I have the right to credit holidays(I fall under the criteria, my son was born in January, I also have a daughter, I quit my job a year ago, I don’t officially work anywhere)? 2. If I apply for a settlement agreement, will this be considered a change to the terms of the contract at my request (and therefore, I will not be entitled to a vacation credit)? P,S, Maybe the bank specifically requested such a statement from me in order to deprive me of the right!? Until now, no application has been requested, as the law on vacation credit came out, they immediately requested it.

Attorney Larionova Y. V., 246 responses, 120 reviews, online since 07/30/2019
8.1. Hello! According to your situation, the following can be noted: you are entitled to a credit holiday for a period of six months

9. In 2014, we took out a mortgage (50% own, 50% borrowed from the bank). The mortgage is issued to my husband, as a co-borrower I am not indicated in the contract, since the marriage was not registered at that time and I was on maternity leave, but there are common children. Three years of good pay. Registered a marriage, paid off the mortgage maternal capital. But in 2017, the husband was left without work, financial difficulties ensued. We turned to the bank with a request for restructuring / deferment / "vacation". Addressed verbally. They got rejected. The result is arrears. Court issued writ of execution. Enforcement proceedings are open. They applied to the court with a request to grant a deferment, as a result, they received a decision to defer execution for a year. Here comes the end of the delay. Throughout the year, I myself paid 15,000 monthly from my account upon application, although I am not a co-borrower. The husband is still not employed, he is trying to earn extra money where he has to, without registration. The amount of the debt remained about 960,000. I am ready to pay, my parents help. I am ready to take a loan, but they don’t give me such an amount, they refuse because my husband is on the “black list” of debtors. As an option, I was offered to draw up a marriage contract and then when applying for a bank loan, my husband will not be taken into account. The second option is an amicable agreement with the bank with my guarantee. I spoke preliminary orally with a bank employee - I was clearly given to understand that there would be a refusal. Question: should I prepare a settlement agreement and send it to the bank, and after receiving a refusal, go to court with a request to resolve the issue with the bank. Is there any chance? And how to draw up a settlement agreement with my guarantee. Thank you in advance for your response!

Lawyer Molodtsov A. O., 242 responses, 202 reviews, online since 06/16/2019
9.1. The essence and legal nature of such a document as a settlement agreement lies precisely in the fact that you cannot oblige it to conclude the other party to the agreement, including in court. If the bank refuses you (and this will most likely be, since it is not in the interests of the bank to conclude such agreements), then the court will not help you here.
If there is a marriage contract, a chance to take new loan appears in the bank, but through the eyes of the bank, such a scheme will look extremely suspicious, because the bank does not know whether you will pay the loan. Most likely, banks will simply refuse you without explanation.
If I were you, I would reapply to the court with an application for a stay of execution. Then you would have presented all your problems to the court and, perhaps, you would have been able to try to negotiate with the representative of the bank in the process, because the judge will also put pressure on the bank on the long-term settlement of your disagreements with the bank.

10. Took out a mortgage in 2014, 2 maternity leave successively affected the quality of monthly payments. In June 2019, all payments were equalized, but the bank sent a letter demanding to pay the balance of the debt by 08/01/2019. Are the bank's demands right now, since the letter was drawn up at the time of the existing debt? And if the requirements are legitimate, what needs to be done in order not to be left homeless? Is it possible to conclude an amicable agreement with the bank, where to agree on timely monthly payments?

Lawyer Okulova I. V., 48697 responses, 25098 reviews, online since 11/17/2015
10.1. Regulate these issues with the bank.

Lawyer Parfenov V.N., 140941 responses, 61229 reviews, online since 05/23/2013
10.2. If you have not completely liquidated the mortgage loan debt stst 807-808 of the Civil Code of the Russian Federation, stst 819-821 of the Civil Code of the Russian Federation, then the bank’s demand is quite legitimate. What to do: you only have to negotiate with the bank by concluding an agreement.

11. I am interested if a borrower with an overdue debt from Sberbank has, in addition to the housing in which he lives, two more real estate objects in which his relatives live and are registered. If a settlement agreement with the bank is not reached and the case is taken to court, is it possible to seize this property? Thank you.

Lawyer Lukina E.V., 10270 responses, 4631 reviews, online since 04/29/2008
11.1. Yes, bailiffs have the right to foreclose on real estate (except where he lives).

12. Please tell me, was there an amicable agreement with the bank in 2017, before the end of the amicable agreement, the creditor was repaid, that is, I wrote an application addressed to the head of the bank and took a certificate from the bank on the same day indicating the amount of how much I should pay for This moment.
For example: in this certificate, the amount for full repayment 306,000 was indicated, I repaid 300,000 tr, since the bank employee told me that the amount is not accurate, maybe it will be less and we still have to reimburse you. This was in 2018 and the agreements are in 2017. I have a certificate from the bank and a memorandum that I paid 300,000 t.r. at the beginning of 2019, the bank took a writ of execution and provided the bailiffs with the debt amount of 61,000 t.r. How can I write to the court to cancel the IP?

Lawyer Koval O. N., 32 responses, 19 reviews, online since 07/18/2019
12.1. Hello Valery! First of all, you need to establish on the basis of what the enforcement proceedings were initiated. If this is a court order, then in this case some actions are performed, if this is a court decision, then these are slightly different actions. Specify the circumstances of initiation of enforcement proceedings.

13. By non-notarized power of attorney / with the signature of the principal, with the content: "... the right full view my interests in enforcement proceedings, including with the right of representatives to: represent interests in the Federal Bailiff Service, presentation and withdrawal of a writ of execution, appeal against decisions and actions (inaction) of a bailiff, waiver of recovery under a writ of execution, obtaining a settlement agreement , make other necessary actions, at the same time submit and receive on my behalf any documents, applications, * resolutions, postal and parcel correspondence, sign for me and perform all actions related to the fulfillment of this order", will the bailiffs issue a trustee (by receipt - a power of attorney) a decision on cancellation of the arrest on the bank account? The fine has been paid, and the minus was put on the bank account, checks, everything is there. Or will the SSP issue a document only on the basis of a notarized power of attorney?

Lawyer Minaeva O. V., 1220 responses, 731 reviews, online since 09/06/2017
13.1. Good afternoon
Who signed the power of attorney?
You can try, but it is very doubtful that documents will be issued under this power of attorney.

14. In 2016, I was charged in favor of the bank ITB debt for credit card. Through the bailiffs, she repaid it by actual execution in 2017. Now, in connection with the recognition of the ITB bank as bankrupt, the Deposit Insurance Agency claims that 14,000 rubles have not been recovered. by use Pr-wu and about 46 tr. interest after the execution of the court decision. I refer to the fact that the loan agreement is not terminated. But I had a credit card. Can I claim a deadline limitation period. They also offer to conclude a settlement agreement, without going to court, is it worth agreeing to? What to do?

Law firm OOO "PRAVOPRO", 20568 responses, 12061 reviews, online since May 18, 2017
14.1. Good afternoon

The fact is that if your contract was not terminated in court when collecting a debt, the claim is legitimate. You need to look at your documents, the limitation period (3 years) is applied separately for each payment.

Lawyer Novikov D.A., 13870 responses, 4625 reviews, online since 04/26/2013
14.2. Hello, Natalya Vladimirovna.
In your situation, to answer your question, you should study your documents. If you need help in resolving your issue, please contact me, I will be happy to help you.

15. Limited Liability Company "GARANT" (TIN 9715297081, PSRN 1177746287410), location: 127254, Moscow, Ogorodny proezd, house 9 B, building 1, room 41, represented by Director General Kolotov Evgeny Yuryevich, to represent my interests as a party to the Participation Agreement in shared construction No. ___ dated "___" 20__, concluded with LLC "", in all courts of the judicial system of the Russian Federation when considering the case on the merits, as well as in the appellate, cassation and supervisory instances, with the right to perform on my behalf all the necessary procedural actions, which are provided law to the plaintiff, defendant, third party, victim, his representative or any other participant in the trial, with the right to sign and file statement of claim, incl. at the location of the representative, filing a claim, filing a counterclaim, changing the subject or grounds for a claim, increasing or decreasing the amount of claims, waiving a claim, concluding a settlement agreement, taking measures to pre-trial settlement disputes, submission of responses, applications, petitions, objections, challenges, participation in the study of evidence, appealing against a court decision, ruling, ruling, etc., signing appeals and cassation complaints and responses to them, applications (complaints) on the revision of judicial acts in the procedure for supervision, responses to applications (representations, complaints) for the revision of judicial acts in the manner of supervision, signing an application for revision of acts due to newly discovered circumstances, obtaining a writ of execution, a court decision, a court order and presenting them for collection, registering a court decision, without the right receive property or money awarded, represent interests in departments Federal Service bailiffs, with the right to present and withdraw a writ of execution, sign an application to initiate enforcement proceedings, requirements enforcement judicial act, familiarization with the enforcement proceedings, appeal against decisions and actions (inaction) of the bailiff, with the right to file complaints, including complaints against the actions of officials and decisions of public authorities, receive refusals, familiarize themselves with the case materials, represent interests in all territorial bodies of the Federal Tax Service of the Russian Federation with the right to submit an application for information on the name and location of banks and other credit institutions in which the debtor's accounts are opened, and to receive the specified information provided to the recoverer of clauses 8, 9 of Art. 69 of the Federal Law of 02.10.2007 N 229-FZ "On Enforcement Proceedings", to represent interests in banks and other credit organizations with the right to file and withdraw an enforcement document for the recovery of funds, obtain information on the progress of its execution, and also exercise other powers, provided to the claimant by the Federal Law of 02.10.2007 N 229-FZ "On Enforcement Proceedings" without the right to receive the collected funds, receive and request the necessary documents from the above organizations, submit applications on behalf of the principal, pay duties and fees, legal costs, sign for the principal and perform all actions related to the exercise of this authority,

This power of attorney is issued for a period of three years with the right to delegate powers under this power of attorney to other persons.

Lawyer Gaponov N.O., 516 responses, 273 responses, online since 02/12/2013
15.1. Specify the question, please.

16. Help formulate a question to solve it.
The children have a mortgage in Sberbank since May 2013. In 2018, there were difficulties in paying, they applied to the bank to reduce the rate, they refused, so there was already a restructuring, as a result, they received a notification that the court had gone through and they were obliged to pay the entire amount to the bank. When buying an apartment, they paid 1,200,000 rubles in cash, 1,600,000 rubles for a mortgage loan, and today, according to the court, 1,950,000 rubles are required to be paid to the bank, or they are put up for auction for 2,300,000 rubles. they have two minor children, what to do? And how to proceed. We submitted documents to the bank to sign a settlement agreement, I acted as a guarantor, and they also refused, although the decision was not given to us yet, only according to the manager. We are trying to sell on our own, but I am running out of time and it is not a fact that the bank will approve the sale.

Lawyer Kovresov-Kokhan K. N., 11275 responses, 5008 reviews, online since 03/17/2019
16.1. You have to negotiate with the bank.

Lawyer Ubushaev K.V., 554 responses, 314 reviews, online since 25.07.2011
16.2. In order to save some money, you can sell the apartment yourself, just when selling, the buyer puts money in two cells, one for you for the difference.
Will not go to the World Bank.

17. Is it possible to come to an amicable agreement with the bank at the stage of enforcement proceedings? Can fines be recalculated or not?

Lawyer Senkevich V. A., 45190 responses, 16993 responses, online since 08.10.2015
17.1. Hello! It makes no sense for the bank to recalculate something if there is already enforcement proceedings.

18. The bank issued mortgage apartment for auction. After my application for the sale of the apartment, the bank sent an official permit for the sale by me on my own. They appointed the day of the transaction and suddenly the bank notifies that I must sign a settlement agreement with the bank and the transaction is canceled for an indefinite time. The decision of the court entered into legal force.
Tell me, how is the signing of the settlement agreement and in what time frame? Thank you.

Lawyer Afanasiev Yu. S., 79 responses, 63 reviews, online since 06/29/2019
18.1. Good afternoon

You have the right to conclude an amicable agreement with the Bank at the stage of execution of a court decision at any time and submit it to the court for approval. The court, having received a petition for approval of the settlement agreement, will set the date of the court session, in which it will approve the settlement agreement.
The settlement agreement comes into force from the moment of its approval by the court. The decision of the court after this is not subject to execution.

19. Was a guarantor, did not pay. I was seized on all my accounts. We signed a settlement agreement with the bank, paid them. And now there is a debt of 160,000 performance debt. I already took out a loan in order to pay the bank, and now I still need to pay the bailiffs?

Lawyer Astsatryan N. V., 41725 responses, 23573 reviews, online since 11/24/2016
19.1. Yes, of course you have to pay a performance fee. You can also legally require the borrower to return the funds paid.

Lawyer Merkulyeva E. A., 422 responses, 250 reviews, online since 01/15/2019
19.2. Yes, according to the law 229-FZ "On Enforcement Proceedings", after the debt is paid in full, a performance fee is collected. If the bank had withdrawn the IL from execution or had not presented it, then the performance fee would not be paid.

20. Essence of the question: My friend filed a claim FOR THE DIVISION OF JOINTLY OBTAINED PROPERTY

During the period of marriage with the Respondent, we took a loan from branch No. 6991/0367 PJSC Sberbank Russia (Copy of loan agreement No. 645045 dated August 19, 2013 is attached). This loan was taken by the Respondent and me for the purchase of real estate, a residential building located at (Copy of the contract of sale real estate dated 19.08.13 attached).
During the marriage, the Respondent participated in the repayment of the loan by providing me with funds to repay it. In October 2014, the marriage between me and Respondent was annulled. (A copy of the certificate of divorce is attached) During the divorce, the division of joint property was not made, an agreement on the division of property was not concluded, a marriage contract was not concluded.
After the dissolution of the marriage in the period from October 2014 to April 2017, the Respondent helped me with the payment of the loan, by providing me with funds to pay for it in the amount of 50% of the amount owed on the loan.
However, starting from April 2017, the Respondent stopped allocating money to me to pay the loan, and from this period to the present, I alone bear all the costs of paying the loan. (Copies of documents confirming the repayment of debt on the loan in the period from April 2017 to April 2019 are attached) I repeatedly tried to talk with the Respondent about the fact that we took out a loan to purchase real estate together during the period of our marriage with him and must pay it together despite the fact that they have been divorced for a long time. The defendant always answered something like the following: There is no money, wait until later the money will be, and recently he began to say that I would not pay anything at all, since supposedly the house already belongs to him and only I have to pay him and everything suits him.
This position of the Respondent violates my rights under Art. 11 GK. RF. Protection of violated or disputed civil rights is carried out in accordance with the jurisdiction of cases established by procedural legislation, the court.
According to Part 1 of Art. 200 GK.RF. Unless otherwise provided by law, the running of the limitation period begins from the day when the person knew or should have known about the violation of his right and about who is the proper defendant in the claim for the protection of this right.
In accordance with Art. 256 of the Civil Code of the Russian Federation and Art. 34 of the Family Code of the Russian Federation, property acquired by spouses during marriage is their joint property, unless a different regime for this property is established by an agreement (marital agreement) between them.
According to part 1 of Art. 38 of the RF IC, the division of property between spouses is carried out during marriage, and after divorce. Any spouse can make such a request.
According to part 1 of article 39 of the UK. RF. when dividing the common property of the spouses and determining shares in this property, the shares of the spouses are recognized as equal, unless otherwise provided by the agreement between the spouses.
According to part 3 of Art. 39 SC. RF. The total debts of the spouses in the division of the common property of the spouses shall be distributed among the spouses in proportion to the shares awarded to them.

Based on the foregoing, guided by Art. 11, 200, 256 GK. RF, art. 34.38, 39 SK.RF, Art. 100, 131, 132 Code of Civil Procedure. RF.

ASK
1. Divide a residential building located at Kinel-Cherkassky district, Krotovka village, st. Frunze 12 in equal shares of 1/2 share to the Claimant and 1/2 share to the Respondent.
2. To collect from the Respondent 50% of the payments under the loan agreement No. 645045 dated 08/19/13 in the period from April 2017 to April 2019 in the amount of 27953 rubles.
3. Divide subsequent payments under loan agreement No. 645045 dated 08/19/13 between the Claimant and the Respondent in equal shares in the amount of 50% of payments to the Claimant and 50% of payments to the Respondent until the expiration of this agreement.
4. Collect from the Respondent 12,000 rubles. to pay for the services of my representative
5. Collect from the Respondent state. duty.
He received a response from the bank, where they objected to paragraphs 1 and 3 of the requirements. Later a petition was filed
PETITION
About changing claims.

In the production section of jointly acquired property.
1. Due to the fact that the Respondent agrees to waive in my favor from his part of the share in real estate located at the address, I waive part of the claims specified in the claim. Namely, I waive the requirements set forth in paragraph 1. To divide a residential building located at Kinel-Cherkassky district, the village of Krotovka st. Frunze 12 in equal shares of 1/2 share to the Claimant and 1/2 share to the Respondent. 2. I waive the requirements set forth in clause 3. Divide subsequent payments under loan agreement No. 645045 dated 08/19/13 between the Claimant and the Respondent in equal shares in the amount of 50% of payments to the Claimant and 50% of payments to the Respondent until the expiration of this agreement.
Based on the foregoing, guided by Art. 39 Code of Civil Procedure. RF
ASK
Accept revised claims:
1. 1. Collect from the Respondent 50% of payments under the loan agreement No. 645045 dated 08/19/13 in the period from April 2017 to April 2019 in the amount of 27953 rubles.
2. Collect from the Respondent 12,000 rubles. to pay for the services of my representative
3. Collect from the Respondent state. duty. And even later, between the Claimant and the Respondent, a Settlement Agreement was concluded

The Respondent, on the other hand, hereinafter collectively referred to as the "Parties", and individually as the "Party", acting as parties in the case No. 2-476 \ 2019, considered in the district court, concluded in accordance with Art. 39 and Art. 173 Code of Civil Procedure. RF. in order to resolve, by mutual agreement, the disputes that have arisen, which were the prerequisite for the Claimant to file a statement of claim, this Settlement Agreement (hereinafter referred to as the “Agreement”) as follows:
1. Under this Agreement, Claimant waives all of its claims in full.
2. The Respondent waives in favor of the Claimant from his part of the share in real estate located at
3. The Respondent undertakes to pay the Claimant 27,953 rubles. as payment by the Claimant under loan agreement No. 645045 dated 08/19/13 in the period from April 2017 to April 2019.
4. The Respondent undertakes to pay the Claimant 12,000 rubles. for the services of a representative of the Claimant
5. The Respondent undertakes to pay the Claimant 4,500 rubles. as payment Claimant state. Duties.
6. This amount in total in the amount of 44453 rubles. The Respondent undertakes to pay the Claimant within 8 months, in the amount of 5,000 rubles. monthly until the 14th day inclusive by transferring these funds to the Claimant's card.
This Agreement is made in 3 copies having equal legal force: 1 for each of the Parties and 1 for attachment to the case file by the district court.
Based on the foregoing and in accordance with Art. 173 of the Civil Procedure Code of the Russian Federation, the Parties ask the court to approve this Agreement. Consequences of termination of proceedings in connection with the conclusion of a settlement agreement, provided for by Art. 221 of the Civil Procedure Code of the Russian Federation The parties are explained and understandable.
The Respondent's explanation is very poor credit history and the plaintiff is now reissuing a loan at the bank for herself in order to act not as a co-borrower, but as the main borrower. But according to unofficial information, the judge is going not to approve this settlement agreement on the basis that the Claimant is no longer acting as a borrower, although the documents are only at the stage of re-issuance and the type of claim is drawn up incorrectly. The most important thing is that the judge will approve the settlement agreement only if 2 p. is removed. The defendant refuses in favor of the Plaintiff from his part of the share in real estate located at the address, but then the whole meaning of the settlement agreement loses its meaning. The question is how to be in this situation and what can be changed in the agreement so that the judge approves it? An important clarification of the court session is scheduled for next Tuesday.

Lawyer Ulanov A.S., 3490 responses, 2008 reviews, online since 09.12.2014
20.1. Hello!
You have voluminous work and this can only be done on the basis of a paid consultation, because you need to ask clarifying questions, watch the court. practice so that the agreement cannot be terminated later. Find a lawyer on the site who is ready to help and write to him in a personal.

21. The bank sued for mortgage delinquency. The court of 1st instance sided with the bank, filed an appeal in the region. the court. The first meeting had already taken place, they gave a break so that I tried to conclude a settlement agreement with the bank. How to compose it correctly
.

Lawyer Kolkovsky Yu.V., 100689 responses, 46980 reviews, online since 07/05/2015
21.1. You can order it in personal messages to the lawyer of the site, specifying the nuances there.

Lawyer Kovresov-Kokhan K. N., 11275 responses, 5008 reviews, online since 03/17/2019
21.2. You need to know what conditions the bank puts forward for you.

22. Please tell me. The settlement agreement was signed and entered into force. More than a month has passed and no money has been received. What to do next? Do you need to write a registered letter with bank details (although it is possible through the post office) and indicate the repayment terms, and then if there is no reaction, then go to court for IL? Or is it not necessary to do this, but immediately write an application for IL?

Lawyer Gordienko V.V., 1619 responses, 1114 reviews, online since 05/29/2019
22.1. Optionally, immediately apply to the court for a writ of execution, and indicate your details for the transfer in the application to the bailiff or bank if you send the sheet immediately to the bank where the debtor has a current account.

23. I signed a settlement agreement with the bank to repay the loan, I do not pay. The bank sent a notice of initiation enforcement debt. And a copy of the application to the bailiffs to initiate enforcement proceedings. Does a bank have the right to apply to bailiffs without a court decision?

Attorney Vzyukov A. V., 1586 responses, 1207 reviews, online since 09/01/2018
23.1. No, he can not. The principle of operation of bailiffs is the execution of court decisions.

Lawyer Khakimova N. Yu., 90 responses, 69 reviews, online since 03/12/2019
23.2. The bailiff accepts documents for execution I copy from the Federal Law of the Law on Enforcement Proceedings ...
Federal Law No. 229-FZ of October 2, 2007 (as amended on March 6, 2019) "On Enforcement Proceedings" (as amended and supplemented, effective from March 17, 2019)
Article 12. Types of executive documents

1. Executive documents sent (presented) to the bailiff-performer are:
1) writ of execution issued by courts general jurisdiction and arbitration courts on the basis of judicial acts adopted by them;
2) court orders;
3) notarized agreements on the payment of alimony or their notarized copies;
4) certificates issued by labor dispute commissions;
4.1) acts pension fund of the Russian Federation and the Social Insurance Fund of the Russian Federation on the recovery of funds from a debtor-citizen registered in in due course as an individual entrepreneur, without attaching documents containing marks of banks or other credit organizations, if the debtor has the right to carry out entrepreneurial activities without opening settlement and other accounts;
(Clause 4.1 was introduced by Federal Law No. 358-FZ of December 21, 2013)
4.2) certificates issued by consumer rights commissioners financial services in the manner prescribed by the Federal Law "On the Commissioner for the Rights of Consumers of Financial Services";
(Clause 4.2 was introduced by Federal Law No. 133-FZ of June 4, 2018)
5) acts of the bodies exercising control functions, with the exception of the executive documents specified in paragraph 4.1 of this part, on the collection of funds with the attachment of documents containing marks of banks or other credit organizations in which settlement and other accounts of the debtor are opened, on full or partial non-fulfillment of the requirements of these bodies due to the lack of sufficient funds on the accounts of the debtor to satisfy these requirements;
(as amended by Federal Law No. 358-FZ of December 21, 2013)

6) judicial acts, acts of other bodies and officials in cases of administrative offenses;
7) resolutions of the bailiff;
8) acts of other bodies in cases provided for by federal law;
9) executive inscription of a notary;
(Clause 9 was introduced by Federal Law No. 306-FZ of December 30, 2008; as amended by Federal Law No. 391-FZ of December 29, 2015)
(see text in previous edition)
10) a request from a central authority appointed in the Russian Federation to ensure the fulfillment of obligations under an international treaty of the Russian Federation to search for a child illegally transferred to the Russian Federation or held in the Russian Federation (hereinafter referred to as a request from a central authority to search for a child);
(Clause 10 was introduced by Federal Law No. 126-FZ of May 5, 2014)
11) executive documents issued by the competent authorities of foreign states and subject to execution on the territory of the Russian Federation in accordance with international treaties Russian Federation;
(Clause 11 was introduced by Federal Law No. 492-FZ of December 28, 2016)
12) a judge's decision to seize property in order to enforce the decision to impose an administrative penalty for an administrative offense provided for in Article 19.28 of the Code of Administrative Offenses of the Russian Federation.
(Clause 12 was introduced by Federal Law No. 307-FZ of August 3, 2018).
I answer your question: Bailiffs DO NOT HAVE THE RIGHT TO ACCEPT DOCUMENTS FROM BANKING STRUCTURES FOR EXECUTION.
A bank without a court decision has NO RIGHT to apply to bailiffs.

24. The collection agency offers to conclude an installment agreement for the entire debt, which was assigned to them under an assignment agreement by the bank where I took loans. They say that in the contract it will be written that after the first payment they will call the writ of execution. Is it real or not. Or all the same, you need to draw up a settlement agreement with them.

Lawyer Kudasheva N.V., 3676 responses, 2235 reviews, online since 02/01/2019
24.1. It doesn’t matter, just in the case of a settlement agreement and if you fail to pay the debt, it will take the creditor a little more time to present the executor to the bailiffs. The main thing in any case, keep the confirmation of payment.

The question is: formed significant delay on a loan (loan secured by a car). It is possible to pay only a monthly payment, which is not enough to get out of the delay. I wrote an application for restructuring, the Bank does not meet halfway, demands to fully repay the delay or will sue for the implementation of the pledge. Staying without a car is not an option, you need it for many reasons. Is it possible to conclude an amicable agreement with a bank to repay a loan without selling a car at auction? Read answers (1)

25. The house is in a mortgage. How to reach an amicable agreement with a bank in order to give the collateral house to the bank and close it mortgage, because there is nothing to pay?

25.1. Through competent - reasonable negotiations - arguments and mutual concessions!
The only way...

26. I have a mortgage at Otkritie Bank In 2018, I had delays, but in May Moscow made concessions to us and returned it to the schedule, and from May 2018 to May 2019 we pay without delay. There was a discrepancy and the bank's lawyers in Kazan, without looking at what we had in the schedule, sent a statement of claim to the court to arrest the apartment and repay the full amount of the loan. The court took the side of the bank without calling the parties and sent a writ of execution to the bailiffs. I found out only in November 2018. Now the bank does not want to withdraw the court decision and is preparing a settlement agreement, the terms of which I do not know. Explain to me please. Thank you in advance. Thank you. Sargsyan Tamara Anatolyevna. Krasnoyarsk I am a citizen of Russia. I was born and live in Krasnoyarsk. I have one apartment; I bring up my daughter alone, she is 6 years old.

Lawyer Panfilov A.F., 50202 responses, 24690 reviews, online since 20.09.2013
26.1. Appeal the court's decision by filing appeals and petitions for the restoration of the time limit for appeals.

27. Tell me, how to conclude a settlement agreement with a mortgage bank? The bank demands to make a loyalty payment of 1 million, but at the same time does not allow you to familiarize yourself with the settlement agreement. In words, that the loan agreement will be terminated and the payment will be such and such. At what point is the agreement signed, pre-trial or in court? And is the bank entitled to demand a loyalty payment before signing the agreement?

Lawyer Samak Ya. G., 7897 responses, 4357 reviews, online since 10/06/2017
27.1. The settlement agreement is concluded in court and the bank cannot demand anything before its signing.

Lawyer Okulova I. V., 48697 responses, 25098 reviews, online since 11/17/2015
27.2. You need to look at the terms of the agreement. In case of filing a claim, apply Art. 333, 196 of the Civil Code of the Russian Federation.

28. In 2017, as an individual, I was engaged in renting cars to taxi drivers.
He owned his own cars, and also rented cars from individuals, with the aim of further subleasing.

One person, relatively familiar to me, let's call Andrey, whom I generally trusted, provided me with 5 cars for rent for subsequent sublease.
It so happened that for four of these five cars, no contracts were drawn up, the agreement was oral due to trust.
But, for 1 of these 5 cars, a written lease agreement was drawn up, I am the Lessee under this agreement, and the owner of the car is the lessor.
The problem is that the owner of the car is another person, not Andrei. When signing the contract, I did not attach any importance to this, Andrei said that this was the car of his friend and said that concluding such an agreement directly with the owner was a formality.

That is, Andrey rented a car on some terms from the owner, WITHOUT any written contracts (only verbally) and re-rented this car to me, with his own benefit. However, slipped me a contract directly between me and the owner.

Money for Andrey for all 5 cars, I consistently transferred to his card, once a week, in a single amount. Unfortunately, nothing was written in the payment note, due to illiteracy and absolute trust.

After a recent telephone conversation with the owner, as it turned out, Igor received money from me, but according to his agreements, he did not pay the owner of this car for rent, or paid it in a very modest amount.

Bottom line: I got a call from the lawyer of the owner of the vehicle, and said that he only had a contract directly with me in his hands (which the intermediary Andrey probably "kindly" handed over to them so that they would leave him behind), and said that they were preparing a lawsuit for the entire term of the lease agreement (around 11 months) in the amount of about 500 thousand rubles. Because they cannot get money from Andrey by legal means.

I never saw the owner of the vehicle in my life at all, only once called up on the phone in order to clarify what was happening after the message from his Lawyer.
The owner is aware of the whole situation, he is aware that I have nothing to do with it, that he doesn’t know me physically and didn’t work with me, didn’t see me, etc., but since he doesn’t have any papers with Igor, he has nothing left to do but get hooked for this contract slipped to me by Andrey, and roll out a claim for 500 thousand rubles to me.

From what I have:
1. The contract was brought by this "intermediary" Andrey. He signed with him and with a number of witnesses. The owner of the vehicle was not there at the signing, and I repeat that I have never seen him in my life.
2. The contract was drawn up in 1 copy, and transferred to this "intermediary" Andrey.
By virtue of trust and stupidity, I repeat once again ..
3. There is a VKontakte correspondence with the "intermediary" Andrey, it partially reflects the amounts and what the transfer was for. Including this car is listed in the texts of correspondence.
4. Money was transferred for 5 cars in total, there is nothing in the comments in the payment. Just a translation of an individual-individual. Internet bank statements are saved.
5. The position of the mediator is a contract for you, so sue. I paid and transferred everything to the owner of the vehicle, the owner is lying.
6. The position of the owner - he knows that I have nothing to do with it, but he only has a written contract with me and this is the only thing he can cling to.
They, also by phone, were asked to conclude a "settlement agreement", pay 150 thousand rubles and avoid a lawsuit
7. My position is shock. A year and a half after the expiration of the contract and having already forgotten about this lease, about this car and about this activity, I receive such news. Car rental was paid on time and in full. I don't understand why I have to pay at least a ruble in this situation.
I am aware of my stupidity, negligence, only what to do now from the point of view of protection and legislation.

Question. What to do in this situation, are there any chances to invalidate the contract or any other way to avoid an unfair claim.

The lawsuit has not yet been filed, it is being prepared, but soon they promise to acquaint me with it.
I am attaching the contract that I have saved in electronic form.

Thank you.

Lawyer Egorova E. A., 52852 responses, 29582 reviews, online since May 26, 2016
28.1. Hello, Dmitry, your situation should be analyzed in detail with a lawyer after you receive the statement of claim. As part of an online consultation, you are unlikely to get an accurate answer to your questions. It is necessary to study all the documents and develop a position on the case.
Good luck and all the best.

Lawyer Grudkin B.V., 9819 responses, 4132 reviews, online since 05/12/2010
28.2. 1. There is nothing unfair in the claim of the vehicle owner. The man wants his money! It is unlikely that this treaty will be recognized as invalid; there are no grounds for this.
2. To say that you showed negligence in this situation is to say nothing! Do you live in the forest? With money and papers, when it comes to an amount of more than 10 thousand rubles, one must be extremely careful.
3. However, the "intermediary Andrey" in vain expects to remain on the sidelines. He received money from you, and there is proper evidence of this fact. And "Andrey" will be able to explain to the court why he received this money from you, and confirm his explanations with any evidence? Because if "Andrey" cannot do this, then all this money (not only for renting the disputed car) can be recognized as his unjust enrichment at your expense and recovered from him in your favor.
4. These are, so to speak, the contours of the situation. Your specific position on the case, the plan and sequence of your actions really need to be discussed with a lawyer based on the totality of information.
5. But almost certainly, first of all, you should explain to “Andrey” that he will not be able to sit out, if the owner files a claim with you, then you, firstly, will involve him in this matter, and, secondly, you yourself will declare " Andrei" an independent claim for the recovery of unjust enrichment. Therefore, it is in the interests of "Andrey" to close the issue with the owner of the vehicle before the court.

29. What happens if you violate the settlement agreement with the mortgage bank? Do they have the right to terminate it and put the apartment up for auction, the amount of delay is 28000

Lawyer Lagutin O. N., 4042 responses, 2625 reviews, online since 01/27/2019
29.1. Yes. they have every right to. In case of violation of the peace - the bank will receive writ of execution and all the fun for you will begin in full swing ...

30. I have concluded an amicable mortgage agreement with the Bank on 08/03/2018. I deposit funds monthly. In April of this year, she requested an account statement and found that in February of this year, the state duty was deducted from these funds. Nobody notified me about this. In fact, already in February, I went on delay. I go to the bank every month and no one informed me about the debt that had arisen. In accordance with the settlement agreement, if there are three delays, I have improper performance of my obligations. I myself called the bank after learning about the delay, I think that this is not my fault. After that, they applied to the court for the extradition of the executive. Loan debt collection letter full amount. And to foreclose on the subject of collateral - an apartment. I accidentally found out from the bailiffs that the bank sent the executive. sheet on me. What actions to take? I can't pay the full amount.

Lawyer Kukovyakin V. N., 10320 responses, 6739 reviews, online since 11/16/2017
30.1. Hello Hope!
Unfortunately for you, the bank is doing the right thing. In this situation, the bank can sell the apartment at auction through bailiffs.

Lawyer Kovresov-Kokhan K. N., 11275 responses, 5008 reviews, online since 03/17/2019
30.2. You need to cancel the court decision in absentia, because. the trial took place without your participation, which violates your rights.
At the court show the agreement with the bank and your monthly payments.
Some banks that are not clean on hand use such methods.