Addressee" href="/text/category/adresat/" rel="bookmark">addressee at the specified address, about which the postal service or express delivery organization informed the sender of the notification.

The Party to the Agreement is also considered to have received the notification properly if the addressee refuses to receive the notification and this refusal is recorded by the postal service or express delivery organization.

8.5. The Borrower confirms that he is familiar with the terms of this Agreement before signing it, all the conditions are clear to him, and also that the terms of clause 4.5, clause 5.4.5, clause 8.6, clause 8.7 as amended by this Agreement are included in this Agreement with his consent.

8.6. The Borrower gives/does not give consent to the Lender providing information about the Borrower to the credit history bureau (registered in accordance with the legislation of the Russian Federation) to the extent provided for in Article 4 of the Federal Law “On Credit Histories” dated January 1, 2001.

8.7. Disputes and disagreements arising during the execution of this Agreement are subject to consideration (select what you need) :

- in the Gagarinsky District Court of Moscow ( this condition is included with the consent of the Borrower).

- in a court general jurisdiction in accordance with the law Russian Federation (this condition is included if the Borrower refuses to include the previous condition).

8.8. This Agreement has been drawn up in two copies, one for each of the Parties, having equal legal force.

9. Location and Bank details Parties

Creditor

Borrower

Name: BANK", Location: , page 1, Tel./ C/s in the OPERA of the Moscow State Technical University of the Bank of Russia, Chairman of the Board of the BANK" ________________________/_____________/

Full Name _ Date of Birth: "___" ____________ ___ of the year, Passport details: №___________________________________________ Issued by ________________________________________________ _____________________________________________ Registration address: _____________________________________________ Actual residence address (address for correspondence): _____________________________________________ Phones: Home ____________________________; Worker ______________________________; Mobile ___________________________. ________________________/_____________________ Signature Full name ___________________________________________________________________________________________/

When the need for money arises, we only think about how to get a loan. But as a rule, no questions arise about loan repayment. It seems that it’s quite simple - I’ll go and pay. But how, when, where and in what amount? Thus, already at the stage of obtaining a loan, the borrower should think carefully about its repayment. It wouldn’t hurt to find out about the possibility of early repayment of loan debt, about available ways repayments with and without a commission, about the possibility of prolongation (including restructuring and refinancing), about the date and amount of the next installment, about possible penalties on the part of the creditor in case of delay (anything can happen), and, finally, in what the money accepted by the bank (MFO) from the borrower will be repaid according to the procedure. And this is not a complete list of information that you need to have an idea about.

We must know our rights and obligations, which are given to us not only by the loan agreement, but also given to us by law, in particular, federal law No. 353-FZ “On consumer credit(loan)” (we wrote about it in detail). By the way, without exaggeration, it can be called the bible of every debtor.

In this article we will talk about the main nuances that a borrower may encounter when repaying a loan, and give some tips on how to repay the loan correctly.

Interest calculation procedure

Any loan begins with an agreement, but even before its execution, the borrower may be asked to choose a repayment scheme. There are two known schemes: differentiated and annuity. Lately, the borrower is less and less able to make his choice in favor of the first scheme; now the most common annuity payment, which by default is an integral part of the conditions for obtaining a loan. This, by the way, is connected not only with benefits for the lender - for the applicant, such a scheme also provides many advantages. For details we send you to, but here we will only highlight the most important.

So, any next payment date in the payment schedule consists of the amount of the principal debt (loan body) and interest (payment for the loan taken, in other words, the lender’s remuneration). However, depending on the loan repayment scheme, interest may be accrued:

1. For the balance of the debt. In this case we are talking about a differentiated (or classical) scheme, which is now difficult to find on the market bank lending. According to this scheme, the body of the loan is divided into a number of equal payments in proportion to the loan term, after which interest is added to each equal amount, which is charged on the balance of the debt. The first payments are the largest (they include interest on most of the debt), and the last ones are the smallest. The payment amount decreases every month. This feature is both an advantage (the overpayment on the loan is less) and a disadvantage of differentiated payments, since the borrower sharply increases at the very beginning of the payment schedule, which is why the bank may refuse to issue a loan.

2. According to the annuity scheme. In this case, the payment schedule consists of equal payments, each of which consists of the body of the loan and interest accrued on the remaining debt. Due to the way interest is calculated, initial payments consist of a very low proportion of principal and a high proportion of interest. In fact, interest on the loan is paid first, and only then, at the end of the loan period, the main part of the loan is paid. This is not entirely profitable for the borrower (the final overpayment is larger compared to the classical scheme), but at the same time it gives him the opportunity to borrow in fairly large amounts - all payments are the same, which means the loan burden will be within the limits established by the bank or law norm. Actually, that’s why this payment scheme has become prevalent.

The above repayment schemes relate to classic types of lending, where the loan is issued in a lump sum. But there are also loans for which the loan is issued gradually and in parts, for example, by credit card. card is installed credit limit, within the framework of which he can get credit by paying by card (or withdrawing cash from it).

In this case, interest is calculated as follows (they are calculated at the end of each day):

1. From the moment the first “tranche” is issued, the amount of interest is calculated based on its value.
2. From the day the bank issued the second tranche until the day of the next repayment, interest is calculated based on the total debt, and so on.

For example, a loan (and its first tranche) was issued on September 10 in the amount of 100 thousand rubles. The repayment schedule states that the loan will be repaid on the 5th of each month (accordingly, the first payment will take place on October 5). On September 15, the bank issues the second tranche in the amount of 50 thousand rubles. The interest amount will be calculated:

• for the period from September 10 to 14 - based on the amount of 100 thousand rubles;
• for the period from September 15 to October 4 - at the rate of 150 thousand rubles.

If in the previous interest period the borrower made a late payment, then interest is accrued separately for each type of debt - urgent and overdue (in the form of a penalty for each day of delay), and is reflected in the corresponding accounts.

Loan repayment methods

According to existing legislation (Law No. 353-FZ), the consumer credit (loan) agreement must specify the methods of execution monetary obligations under the contract, including the FREE METHOD (no commissions). Moreover, in this way you can make payment in locality at the place where the borrower received (the proposal to conclude an agreement) or at the location (residence) of the borrower specified in the agreement.

Usually, you can repay for free in cash through a bank cash desk or at ATMs (terminals) with a cash-accepting function. It will be safer this way, and the money will reach your loan account almost instantly. But you may also be offered a variety of repayment methods, including without charging a commission. It can be:

• interbank transfer from another bank;
• payment in payment terminals of well-known payment systems (QIWI, etc.) and in cellular communication stores (Euroset, Svyaznoy, etc.);
• Postal transfer;
• electronic money from Internet wallets (Yandex.Money, WebMoney, QIWI, etc.);
• transfer from a card via Internet banking (by the way, some banks do not charge a commission for interbank transfers through their Internet banking, which is very convenient).

Please note that in cases of refunds through partners and third-party services, all responsibility for the timely appearance of money on your current account falls solely on you. The bank does not care where and when you sent the payment, it is important that it is in your current account on the payment date. Therefore, make it a rule to transfer the next payment at least 3 business days before the payment date under the agreement, if you are not firmly sure about the timing of crediting by the method you have chosen.

The order of debt repayment by the bank

The payment made under the loan agreement repays the borrower’s debt in the following order:

1. Overdue debt with interest;

2. Overdue principal debt;

3. Penalty (fines and penalties) in the amount determined by the contract (the amount of the penalty should not diverge from the requirements of the law, see below)

4. Term interest (accrued for the current payment period);

5. The amount of the principal debt (loan body) for the current payment period.

Please note that according to the law (i.e. this is not the whim of banks and microfinance organizations), first of all, obligations to repay overdue payments plus interest on them, as well as penalties, are fulfilled. And lastly, the principal debt is repaid.

In this case, it does not matter at all what purpose of payment was indicated at the time of depositing funds into the current account - the order of payment does not change from this. Therefore, if a debtor who has made a slight delay decides that according to the payment schedule he will make the next payment stipulated by the agreement, then he may be mistaken. The bank will first credit the penalty, and the remaining amount will be used to repay the principal debt. As a result, it turns out that the borrower does not fulfill his obligations under the contract (does not make payments on time), which threatens with new fines, spoiled credit history and problems with the lender themselves.

Please note that we are talking about replenishing your current account, not your bank loan account. Just a few words on this topic.

Does the borrower need a loan account to repay the loan?

On the Internet you can find the opinions of some cunning comrades who recommend finding out the loan account number from the bank and making a payment directly to it. Thus, in their opinion, it is possible to bypass the restrictions on the order of repayment of loan debt, which, by the way, are established at the legislative level.

The loan account is an internal accounting account (starts with the numbers 455). It is required to be opened by the bank when issuing any loan and is intended for accounting credit debt borrower. The basis for opening such an account is compliance with the instructions of the Central Bank of the Russian Federation. The borrower's consent is not required to open it.

A current account is opened on the basis of a bank account agreement (by the mutual will of the bank and the client), which is usually concluded together with a loan agreement. The current account number (usually starts with the numbers 408) appears in the loan agreement, and it is from it that the bank undertakes to write off the required amount to pay off the debt on the date of the next payment. That is, the borrower ensures that the current account has the required amount(in any way provided for in the agreement), and on the date of payment the bank writes it off through internal accounting entries, observing the order of repayment. Only in this case, the relationship between the borrower and the bank will not go beyond the law and the terms of the contract.

Thus, the borrower does not need to know the loan account number to repay the loan; he just needs to credit the required amount to the current account in a timely manner, and then the bank will do everything as it should. The desires of some comrades to deposit money directly into the loan account, ignoring the penalty, are contrary to the law. You can see extended arguments in favor of this statement, and details about the loan account at.

Full and partial early repayment of loans

There are 2 types of early fulfillment of obligations: full and partial.

When full up urgent repayment the debtor pays the balance of the principal debt and interest accrued on it up to and including the date of repayment. The need to pay interest on the actual day of repayment is directly stated in Law No. 353-FZ “On Consumer Credit (Loan)”. Thus, the law directly prohibits the bank from charging interest for the entire term of the loan when it is fully early repayment(hereinafter, RAP).

It is not recommended to calculate the DDP amount yourself (for example, using loan calculators on various Internet resources), you may not guess the exact amount or not take into account any payment - let the bank employees do this.

In case of partial early repayment (PAR) bank loan an amount is deposited that exceeds the established monthly payment, but at the same time it is insufficient for the full fulfillment of obligations under the contract. As a result of such repayment, the amount of the monthly payment or the loan term may decrease - it all depends on the policies of specific banks, some of which give borrowers the right to make such a choice.

Repaying the loan early in installments is the fastest and most profitable way get rid of it (in the sense of fulfilling all obligations under the contract). With annuity, the most common method of repayment, we recommend carefully considering the NPV strategy. Which path is better to take: reduce the monthly payment amount, but leave the loan term, or leave the payment the same, but shorten the loan term. Ours will allow you to make this difficult choice.

If anyone is not aware, the same 353rd law gives the borrower the right to repay the entire loan amount ahead of schedule within 14 (fourteen) days from the date of receipt without prior notification to the lender. The borrower also has the right to repay the entire loan amount or part of it ahead of schedule with prior notification to the lender at least 30 (thirty) days before the expected repayment date.

If the bank is not properly notified (an application for DAP or NDP is not drawn up), and the borrower deposits money into the current account, then only the next payment will be canceled, and the monetary difference will remain as “dead” capital in your account. Banks require that they be notified in writing, but, for example, microfinance organizations are more loyal in this matter (mostly they work entirely online) and make early repayment at the request of the client, which can be expressed by phone or in the borrower’s personal account at MFO website - without the personal presence of the debtor.

The law establishes that any types of early repayment cannot be subject to any fines or fees. If your bank insists on paying such fees, only legal proceedings or a complaint to the Central Bank of the Russian Federation will help you. Look, in case of violation of the borrower's rights on their part.

If you would like to more thoroughly study your rights in case of early repayment, given to you by law and agreement, then we will direct you to. There you will also find up-to-date information on the return of insurance after early repayment of the loan.

What if the loan is overdue?

Not the most pleasant situation is a deviation from the payment schedule due to various life circumstances, i.e. occurrence of overdue debts. How banks will react to delays, and what the debtor should do, we described in detail in the corresponding article LINK. In this case, the main thing is not to let everything take its course, but to try with everyone possible ways find a way out of the current situation, so to speak, look the problem in the face.

Timely warning to the creditor about possible delay may turn things in a different direction - they may offer you or (this service is especially popular in MFOs). A very prolonged delay can lead to the “sale of debt” to collectors, or,. There is no need to be afraid of this. Familiarize yourself with what to do, and remember that you are protected from the arbitrariness of collectors by Federal Law N 230-FZ “On the protection of the rights and legitimate interests of individuals when carrying out activities to repay overdue debts...”, which is called that.

Any delay will result in an accrual, which means additional expenses. Fortunately, Law 353-FZ limits maximum amount penalties in the following amounts:

• 20% per annum on the amount of the existing debt for the time of violation of obligations, subject to the accrual of interest under the agreement for the period of the delay (i.e., such a penalty will be accrued together with interest on the principal debt);
• 0.1% of the amount of overdue debt FOR EACH DAY OF VIOLATION OF OBLIGATIONS, if during the delay interest on the existing loan debt, in accordance with the agreement, is not accrued.

If the penalty is greater than the stated interest, then the bank is breaking the law, in which case you already know where to complain.

How to repay a loan without being left in the cold? So that after some time the bank does not make a claim that you still owe some small debt, and at the same time save as much as possible...

It is enough to follow a few simple rules:

1. Strive for early repayment. And it doesn’t matter what it will be - complete or partial. Any of them leads to savings on interest payments and allows you to quickly get rid of the credit burden. The exception is those cases when conditionally free money is used not for repayment, but for investment in profitable projects that bring in much more money than can be spent on early repayment of the debt.

2. Deposit money into your current account in advance, especially if you send it by transfer through an intermediary. The payment may get stuck in transit due to the inattention of operational workers or due to a failure in the payment transfer system. Then you will definitely become the unlucky owner of an overdue debt.

3. Put aside thoughts about non-payments. For some reason, some believe that they don’t have to pay the credit institution, and they hide from bank employees and debt collectors for years, hoping for no clue. Such behavior will sooner or later lead to a trial, which will take a lot of your time, and, possibly, money (the amount of penalties and fines will increase significantly). Non-payments and late payments are fraught not only with further problems with banks (they simply won’t give you more loans because your credit history has been damaged by your efforts), but also with restrictions on rights (for example, the inability to travel abroad, etc.).

4. Put the monthly loan payment at the forefront. Until the loan is repaid in full, repayments must be given priority. It’s better to save on everything else for now, otherwise later this saving will turn out to be even more severe.

5. Do not allow a single late payment; it is better to re-borrow money from friends. “Nothing bad will happen just once” - this is not about debt, especially to a bank. You can, of course, pay the fine once or twice. But it’s better to always pay on time, otherwise Russian may lead to additional expenses. Instead of paying a fine to the bank, buy your child a chocolate bar.

6. It’s good to know all the terms of the loan agreement, so that later you don’t get indignant “why is there so much and why did this happen?” Take the time to read from cover to cover loan agreement– there you will find a lot of “interesting things”.

7. If you have a lot of loans and you decide to repay them early, then focus on small loans. Often this is where the mistake is made, trying to close first large loans, leaving the “little things” for later. When making such a decision, the borrower always focuses on the loan amount - here I pay more, which means it needs to be closed sooner. But this overlooks the interest rate. As a rule, for large loans it is an order of magnitude lower, which means the total overpayment is also less. While small consumer loans, especially microloans, have huge interest rates, and the overpayment on them is more significant. Therefore, close the small items ahead of schedule first, leaving larger loans “for snacking”.

8. Try to stay away from refinancing offers. Paying off existing loans with new ones is unprofitable and illiterate from a financial point of view. This is how you build up the very debt that you can end up under. In very rare cases it saves, but this is an exception to the rule.

And perhaps the most important advice– always make sure to repay the bank loan (microloan). This does not mean that you need to go crazy after each payment, screwing yourself up and pestering bank employees. But it is not only possible, but also necessary to ensure that the transaction is closed during scheduled or early repayment of the loan. Request, and you can be sure that any claims against you by the bank are now illegal.

Build your relationships with credit institutions correctly. Know your rights and don't hesitate to assert them.

10.08.2015 10:07:10

I have a credit card issued by this bank with a limit of RUR 32,270, rate 47%, agreement 12/2944/00000/****64. I make payments monthly without delays. I blocked the card 6 months ago, i.e. I don't use it. When drawing up an agreement in the office, a bank specialist explained the loan repayment scheme, which is stated in the agreement, in terms of calculating the MOP for the month: interest for using the loan (amount of principal debt * 47 * number of days / 365 * 100) + commission + amount of repayment debt (there is a minimum amount based on the payment schedule set by the system, but you can pay a larger amount). So, when you deposit a larger amount, it should go towards paying off the principal. debt, which is explained by the bank employees themselves in the office and on the hotline. I was accrued MOP until 08/03/2015 to pay 1644 rubles - of which 900 rubles are interest, 200 commissions, the rest. the amount goes to pay off the principal. debt (equal to 22935 rubles). I deposited 2500 rubles (I thought about writing off more from the main debt), but in the end, interest of 1489 rubles was calculated from this amount (should have been according to the scheme 22935*47*31/365*100=915 rubles), 806 rubles were written off from the main debt. debt and 204r commission. How??? I call the consultants on 88001007100, they say that urgent interest has been written off, but they don’t know where it came from, supposedly the system calculates it that way. Amount basic debt is now 22131 (should be less by the amount urgent interest). Who will explain what this urgent interest is and where it came from, how it was calculated and how to continue paying. Is there nothing mentioned in the contract about them?

Bank representative's response

11.08.2015 04:08:55

Dear Konstantin Viktorovich!

According to clause 4.13 of the “General Conditions for Account Crediting”, when depositing an amount exceeding the minimum obligatory payment(MOP), part of the overpayment goes to pay off interest minimum payment next payment period. Thus, your next MOP will be less by the amount of interest paid.
Acquainted with " General terms and conditions account crediting" can be found on the Bank’s website: http://www.express-bank.ru/sites/default/files/docs/tu/Ou_creditovaniya_scheta_chastnye.pdf

We ask you to clarify who exactly provided you with advice regarding the fact that if you deposit a larger amount, it should be used to pay off the principal debt. Please indicate the full name of the employee, the address of the bank branch, as well as the date of the conversation with the hotline employee.
Please send this information to our email.

1. What is term loan interest?

Lawyer Maksimova A.M., 667 answers, 329 reviews, on the site from 07/11/2019
1.1. Good afternoon. Term loan interest is interest calculated for the period of use of the loan, the payment period of which has not yet arrived.
To have an accurate understanding of your situation, you need to read the loan agreement, where everything is spelled out and interpreted literally.

2. Can I sign this?

LOAN AGREEMENT No. 8-516-24-0 on providing a loan to an individual

Joint Stock Commercial Bank EquaBank AS, hereinafter referred to as the “Bank”, represented by Deputy Branch Manager Monika Krishkova, acting on the basis of power of attorney No. 6734871 on the one hand, and Alexey Alexandrovich Bogenbaev. Passport number 1411 219841, subdivision code 310-023, issued 10/29/2012 The “Borrower”, on the other hand, collectively referred to as the “Parties”, have entered into this Agreement as follows:

1. The Subject of the Agreement

1.1 The Bank undertakes to provide the Borrower with a loan in the amount of 800,000 rubles for a period of 84 months, inclusive of payment of interest for using the loan at a rate of 13.6% per consumer needs. And the borrower undertakes to return the received Loan to the Bank on June 11, 2026

2.Terms of settlements and payments

2.1 The date of issuance of the Loan is the date of formation of the loan debt.

The date of repayment of the loan debt and payment of interest and penalties is considered the date of receipt of funds at the Bank's cash desk or crediting of funds to the Bank's account.

2.2 The interest period is 1 (One) calendar month, except the first and last.

The first interest period begins on the day following the day of the first use of the loan funds and ends on the last day of the month in which the first use occurred credit funds.

The last interest period ends on the date of repayment of the Loan or on the date of final repayment of the principal debt under the Loan, depending on which date comes earlier.

Interest is accrued on the balance of the principal debt accounted for in the loan account at the beginning of the operating day, and is paid by the Borrower in accordance with the terms of this Agreement.

2.3 When calculating interest and penalties, the actual number of calendar days in the payment period is taken into account, and the actual number of calendar days in a year is 365.

2.4 The Borrower grants the Bank the right, if there is a debt on the Loan and/or interest for using the Loan, to write off cash, credited to the Borrower’s current account as they are received without acceptance to repay this debt (Appendix No. 2). Direct write-off to pay off debt on the Loan is carried out regardless of the expiration of the deadline for using the Loan established in clause 1.1. of this Agreement, and regardless of the period for payment of interest established in clause 2.4. actual agreement.

2.5 On the date of repayment of the loan debt in the manner specified in clause 3.7. of this Agreement, the Client grants the Bank the right to directly debit funds from its current account in payment of interest accrued for the use of the corresponding amount, including interest determined by clause 8.2. actual agreement.

2.6 If there are no funds in the Borrower’s current account sufficient to repay the loan debt and pay interest on the loan repayment date, the Borrower is obliged to independently repay the existing loan debt and pay accrued interest.

2.7 Amounts deposited by the Borrower (debited from the current account by the Bank) to repay the debt under this Agreement are sent, regardless of the purpose of the payment specified in payment document, in the following order:

Repayment of the Bank's costs for obtaining execution of this Agreement;
payment of penalties;
payment of overdue interest;
payment of urgent interest;
repayment of overdue debt on the Loan;
repayment of urgent debt on the Loan.

2.8 The Borrower’s obligations are considered to be properly and fully fulfilled after the return of the entire amount of the Loan to the Bank, payment of interest for using the Loan, penalties in accordance with the terms of this Agreement, determined as of the date of repayment of the Loan, and reimbursement of expenses associated with debt collection.

3. Obligations and rights of the BANK

3.1 The Bank is obliged:

3.1.1 issue (credit, transfer) the Loan in accordance with clause 2.2. actual agreement;

3.2 The Bank has the right:
3.2.1 check the Borrower’s solvency, his financial position, monitor the Borrower’s fulfillment of its obligations under the Loan during the term of this Agreement.

4. Obligations and rights of the Borrower

4.1 The Borrower is obliged:

4.2 timely replenish funds On-Line by transfer in the Bank’s payment system, available at http://payments.equabank.ru.com/

4.3 ensure the repayment of the Loan under the terms of this Agreement;

4.4 not transfer information about this Agreement and all obligations arising in connection with its execution to third parties without the consent of the Bank;

4.5 receive a Loan on the day of concluding this Agreement;

4.6 inform the Bank about a change in place of residence and/or family composition, and/or work, and/or surname and other circumstances within 10 (Ten) calendar days from the date of the event.

5. The borrower has the right:

5.1 make an early repayment of the Loan and interest on the Loan in whole or in part on the date of the next payment, notifying the Bank in writing 2 (Two) business days before the expected date of payment.

5.2 The Borrower is liable for its obligations in accordance with this Agreement with all its property to the extent of the debt under the Loan, interest, penalties and other payments under the Agreement.

5.3 The borrower has the right to cancel the loan within 7 days. To refuse a loan, you need to write an application to a bank branch. Located at: ulice Karolinska 661/4, 186 00 Prague 8

6. TERM OF THE CONTRACT

6.1 The Agreement comes into force from the moment it is signed by the Parties and is valid until the Borrower fully fulfills its obligations under this Agreement.

7. Grounds and procedure for termination of the Agreement

7.1 The Bank has the right to terminate this Agreement in court and demand the return of the entire amount of the Loan, interest on the Loan and other payments provided for by this Agreement upon the occurrence of one or more of the following conditions:

7.1.1 failure to fulfill or improper fulfillment by the Borrower of its obligations under this Agreement to repay the Loan and pay interest on the Loan;

7.1.2 impairments financial situation Borrower;

7.1.3 using the Credit for purposes other than the intended purpose established in clause 1.1.

8. RESPONSIBILITY

8.1 For failure to fulfill or improper fulfillment of obligations under this Agreement, the Parties are liable in accordance with the current legislation of the Russian Federation.

8.2 In case of late payment (transfer) of the Loan and/or interest on the Loan, the Borrower shall pay the Bank increased interest in the amount of double the Loan rate on the amount of the overdue payment for each calendar day of delay for the period from the date following the date when the corresponding amount was due for payment , up to and including the date of its actual payment to the Bank.

9.Loan terms

9.1 The Bank opens an account for the Borrower in the payment system available at the Internet address https://payments.equabank.ru.com

9.2 The Loan is issued at a time by crediting funds to an account in the payment system through identification.

9.3 Repayment of the Loan is carried out monthly in equal installments, starting from 06/11/2019.

9.4 The loan is rightfully not repaid if the bank has made a transfer to payment system and the borrower did not withdraw funds

9.5 Withdrawal of credited funds must be completed within 24 hours. From the moment the money is credited to the payment system.

9.6 If after 24 hours the borrower has not withdrawn the credited money, then the entire credited amount is sent back to the bank. And the borrower will be able to receive the entire amount at the branch at ulice Karolinská 661/4, 186 00 Praha 8. In this case, the loan itself, in fact, will not be repaid.

9.7 Other conditions

9.7.1 Amendments and additions to this Agreement are valid if they are made in writing and signed by authorized representatives of the Parties.

9.7.2 All Disputes arising during the execution of this agreement are resolved by the Parties through negotiations, and if no agreement is reached, in the manner established by the current legislation of the Russian Federation.

9.7.3 In all other respects not provided for in this Agreement, the Parties will be guided by the current legislation of the Russian Federation.

9.7.4 In case of changes in the name, addresses, payment and other details, the Parties shall notify of the changes made within 20 (Twenty) calendar days from the date of the changes.

9.7.5 The Agreement is drawn up in two copies having equal legal force, one for each of the Parties.

10. Addresses and details of the parties

BANK: EquaBank AS

Karolinska 661/4, 186 00 Praha 8

TAX ID: 47116102, CZ699003622

BANK CODE, LEI: 6100, 31570 01000 00000 26673

GIIN CODE (FATCA): EFJ4GA.99999.SL.203

BORROWER: Borrower ID: EQn8683476

Signature loan specialist:

Lawyer Karavaitseva E.A., 57745 answers, 27404 reviews, on the site since 03/01/2012
2.1. Analysis of the contract regarding legal risks is a paid service. You can contact any lawyer in personal messages (Article 779 of the Civil Code of the Russian Federation).

Lawyer Iskenderov E.E., 143123 answers, 44027 reviews, on the site since 06/30/2013
2.2. Good afternoon. If you are a capable citizen who has reached the age of majority, you can sign any documents (conclude transactions). If you need some kind of analysis of a document, contact a lawyer in person (for a fee).

3. Need legal assistance to close several loans. It so happened that my son, disabled since childhood (he has a certificate), took out several loans from 2017 to 2018 from Sberbank, Money Men, Bystrodengi, at that time he did not work and did not repay. I found out about this only now, I paid part of the payment, but now I don’t have that amount on hand to pay off at least short-term loans in "Money Man" and "Bistrodengi". The interest amounted to about 91,000 rubles. Collectors are constantly calling, insisting on urgent repayment. I don’t refuse to pay, I ask to reduce the interest or increase the payment period for closing, but they don’t cooperate. There is moral pressure. They threaten to take an inventory of the residential property, but my son has nothing of his own. Is it possible to somehow influence the collectors and these companies, so that there is a real opportunity to close loans or restructure payments. I really hope for your help and competent advice.

Lawyer Lagutin O.N., 4042 answers, 2625 reviews, on the site from 01/27/2019
3.1. THE FEDERAL LAW

ABOUT PROTECTION
RIGHTS AND LEGAL INTERESTS OF INDIVIDUALS
WHEN CARRYING OUT ACTIVITIES TO RETURN EXPIRED
DEBT AND AMENDMENTS TO THE FEDERAL
LAW "ON MICROFINANCE ACTIVITIES"
AND MICROFINANCE ORGANIZATIONS"

This law gives you the opportunity to “restrain” the collectors - so that they don’t call you (your son) at all and don’t scare you!
To do this, you (son) need to prepare the appropriate. Letters to creditors (delivered or sent by mail).

4. I am asking for advice, I need to file an application with the Court to cancel the court order to collect from me the amount of loan debt in favor of financial organization. Briefly: In December 2012, a loan in the amount of 500,000 rubles was taken out from Orient Express Bank. Until December 2014, everything was paid regularly. Then troubles began in the family, illnesses began, and then the deaths of relatives one after another, job loss, husband's disability... there was no way to pay the loan. In January 2015, 1."To judicial statement to the creditor" with a description of the current situation and a proposal to change or terminate the agreement. In accordance with Article 450.451.452 of the Civil Code of the Russian Federation. Change the loan agreement in the form of reducing the monthly payment to 5,000 rubles per month. From 19,000 rubles 2. Application for withdrawal of consent for the processing of personal data. 3. Also, please send correspondence to the address of residence (the address was indicated) in the future there was a residence permit - a copy of the passport was attached. In February 2015, a friend brought a letter from the post office from the Bank Demanding urgent payment for everything credit debt within 5 days from the date of dispatch! Taking into account that it was still in the mail for 2 weeks! The total is 382630.72. On my part, in August 2015, there was another attempt to negotiate with the bank to stop accruing pennies, fines and interest. And also again with a request to send all letters to the address of residence! To this day I have not received any further correspondence from the Bank. On March 1, 2019 I received a resolution from Bailiffs on the initiation of enforcement proceedings for the recovery of 497,034.84 rubles in favor of the claimant LLC "EOS"? According to the bailiff, the trial took place in August 2018. She also advised me to write a statement “On the cancellation of the court order and review of the case” On the sale of my debt third party organization and I did not receive any notifications about the initiation of the lawsuit. At the moment I also live in the village and have a pension income in the amount of 10,086.90 Tel. +79052845120 Sokolova Svetlana Ivanovna With respect!

Lawyer Abrzhova V. A., 2305 answers, 1409 reviews, on the site from 09/22/2018
4.1. Hello, We are ready to help you in drawing up an application to cancel the court order. You will also need to prepare a petition to reinstate the deadline.

Lawyer Matushanskaya I.V., 13781 answers, 6289 reviews, on the site from November 27, 2015
4.2. You can contact the lawyer of your choice on the website in private messages to write objections or call. To draw up, you need the court order itself. You must also submit an application for reinstatement. Have you received a court order?

Lawyer Semin A.V., 1235 answers, 527 reviews, on the site from 10/27/2011
4.3. It is possible to write an objection to the court order. It is interesting that an order for such an amount was issued.
They offer you help, agree. A resolution to initiate enforcement proceedings is sufficient, but hurry up.

8. To begin with, I will briefly outline my story so that the essence of the issue is clear.
On June 09, 2015, I received a consumer loan from an electronics store to purchase a tablet.
This loan was issued at Rusfinance Bank LLC for a period of 6 months. Later, on November 6, 2015, when contacting the bank regarding the issue full repayment and closing this consumer loan, it turned out that on August 15, 2015, another (fraudulent) consumer lending agreement in the amount of 18,462 rubles was concluded in my name at the same bank.
I did not draw up this loan agreement. On December 1, 2015, I filed a complaint about fraud on the part of bank employees to the police and gave evidence. A criminal case was opened on the grounds of a crime provided for in Part 1 of Article 159 of the Criminal Code of the Russian Federation, regarding the fact that a bank employee executed a fictitious loan agreement using my personal data.
On August 2, 2016, based on the results of a criminal case in court, the accused (bank employee) was found guilty. It would seem the end of the story. However, in the fall of 2018, I needed to apply for a consumer loan in the amount of 120,000 rubles. to close your mortgage loan (a buyer for the apartment was found, he paid the deposit amount, but it turned out that the bank did not announce the amount of accrued interest and the amount paid was not enough to close the mortgage loan, the deal was in jeopardy and the loan was needed urgently). So NOT ONE BANK in the city agreed to give me a loan! In one of the last banks I already asked directly: what’s the matter? They told me that I have an unpaid loan. At first I couldn’t understand what this “unpaid loan” was. But then I remembered the story with Rusfinance Bank LLC and decided to contact them. It turned out that the loan agreement (recognized as fraudulent) is still on my name. The bank did not fully conduct an internal investigation; I did not receive any information from the bank during all this time. Thus, my credit history was ruined; no bank would give me a loan. The deal to sell the apartment almost fell through (according to the terms of the contract, in the event of termination of the deal, I had to return the deposit to the buyer in double size). The only thing that helped was that my wife was approved for a loan to receive the missing amount.
And now my question is: can I sue Rusfinance Bank LLC, hold them accountable, recover compensation from them and demand that my credit history be corrected? Which court, what wording should I apply to and do I need a lawyer for this? Thank you in advance.

Lawyer Senkevich V. A., 45190 answers, 16993 reviews, on the site from 10/08/2015
8.1. Hello! Yes, you can file a claim in court. If you think that you cannot prepare a claim on your own or participate in court hearings, it is better to contact a lawyer with all the documents.

9. My son took out a loan from a microcredit organization for urgent money. When I didn’t pay 2% every day, they accrue a debt, they gave it to collectors, the collectors say they wrote a statement to the police under Article 159, it’s a scam, how to suspend interest on a loan, the son says they are illegally issuing a loan, he refuses to pay, a friend took it and didn’t pay him they require my also decided to enroll, what should I do? They can do so that interest will accrue for the rest of their lives; they will not sue, what should they do?

Lawyer Anisimova E.V., 477 answers, 350 reviews, on the site since September 29, 2017
9.1. The interest rates of microcredit organizations are very high. Even when paying off a debt, interest is paid off first, but the debt remains. Your son needs to go to court with a claim to terminate the loan agreement and establish a fixed amount of debt. They will submit an application to the court for a court order, the contract will not be terminated and the amount of penalties will be decreeed in part for a certain period, then again and again.

Lawyer Salimov R.R., 2077 answers, 1683 reviews, on the site from 07/11/2018
9.2. Good evening Elena. If your son took out a loan, then it will definitely have to be repaid. The interest on the loan in accordance with the federal law regulating the activities of microfinance organizations cannot exceed three times the amount, i.e. took 5 tr. percentage no more than 15 tr. , i.e. the entire amount is no more than 20 tr. - This is an example. Fraud here will only occur if a loan was taken out and was not initially planned to be repaid, i.e. information from another person was given, false documents were used, etc. What will MFOs or collectors do? They will sue, first against the order. You will cancel it within 10 days. After that, they will file a claim in court, and then you write an objection to the far-fetched interest rates. Good luck to you.

9.3. Send to the lender a partial withdrawal of personal data, withdrawal of consent to interact with third parties, refusal to interact. Your case will be withdrawn from the collectors, all calls and SMS will stop. Thus, you will deprive the creditor of the instrument psychological pressure, in the future you will be offered to close the loan on favorable terms, often for the amount that was taken out. That's it in short.

10. In January, I urgently needed money, I took out 5,000 from three microfinance organizations. In February, I closed one loan, extended two, in March, problems with work began, there was no money to close two loans, I took out one from which I had already paid, but a larger amount. And so on, I thought I’d get a job and give it away, in June I got a job, in July I paid half my salary, but didn’t even pay half. At the moment there are 12 microloans from 5 to 22 thousand, the total amount is about 230,000, when I calculated it I was horrified. I tried to get a loan from a bank - to no avail. My daily salary is not enough even for interest. Is there any way to stop and reduce the interest? Spread out payments?

Lawyer Kulagin D.V., 29336 answers, 12884 reviews, on the site since 12/22/2015
10.1. Hello. Currently, the loan amount cannot exceed 2-3 times the size of the loan itself. Therefore, by paying exorbitant interest, you will never repay your loans. Therefore, if I were you, you should stop and wait for the courts, which will set a fixed amount, after which you will pay through the bailiffs.

Lawyer Grebneva M.V., 63 replies, 50 reviews, on the site from 09.13.2018
10.2. Hello. The only thing you can do at the moment is to prepare documents for debt restructuring for each microfinance organization separately. In applications, indicate the basis for the change credit conditions. Of course, it is unlikely that microfinance organizations will satisfy you with debt restructuring, but these documents can serve you in court proceedings (in the event of further failure to fulfill debt obligations on your part). As a rule, if the borrower does not take part in the court proceedings, the court satisfies the entire amount of debt specified by banks/microfinance organizations. And this is basically the total amount of debt including penalties and fines for the entire period. You can later prepare for legal proceedings. By participating in the trial, you can remove one-time fines and reduce penalties based on the Federal Law "On consumer lending", Civil Code of the Russian Federation, as well as to settle the amounts monthly payments.

Lawyer Soldat S.V., 3997 answers, 2687 reviews, on the site from 01/22/2018
10.3. Hello Mikhail! Send to the lender a partial withdrawal of personal data, withdrawal of consent to interact with third parties, refusal to interact. All calls and SMS will stop, no one will come home. In this way, you will deprive the lender of a tool of psychological pressure; in the future, you will be offered to close the loan on favorable terms, often for the amount that was taken. That's it in short.

Lawyer S.M. Dvorova, 1509 answers, 760 reviews, on the site from 09/01/2017
10.4. Good day!

There is a way out - go to court with a claim to reduce the amount of interest and pay off the principal debt.

11. Please help a single mother! Loans. It's already up to the bailiffs. But it hasn't been received yet. There is no court decision in hand and has not been received. Just like a person is in another city to treat his (adopted) child. This is how the circumstances developed. He will pay, but needs to be removed urgently through the court? or bailiffs? Increased interest on the loan (out of 350, 200 thousand is interest). Tell me how you can remove the increased interest on the loan if the case has already been transferred to the bailiffs, and whether it is possible to split the payments into feasible ones. What laws are there in Russia to solve this situation? It is impossible to predict life, that Russia will not come out of the crisis, that massive layoffs will begin in the outback, that a person may be left without work for three years, and in order to heal, survive and teach children, a person is simply forced to look for an opportunity and a place. Thank you.

11.1. Hello.
Remove interest? No way, sorry.
Although, with the participation of a competent lawyer (whose services are definitely not free), there is a 10% chance of recognizing this loan an enslaving transaction if the loan was taken for the treatment of a child, and this can be proven.

Lawyer Kalmantaeva A. N., 2540 answers, 1466 reviews, on the site from 04/26/2018
11.2. Hello, Lidiya Borisovna!

If the case is considered without the participation of the debtor, who was not properly notified of the time and place of the court hearing, such a decision can generally be canceled due to procedural violations.

But if the debtor - the defendant was notified and did not appear and the loan agreement was not terminated during the process, then the bank, of course, can charge interest.

In turn, the debtor has the right to apply to the court to grant him an installment plan or deferment of the execution of a judicial act
Article 203. Postponement or installment plan for the execution of a court decision, changing the method and procedure for executing a court decision

Lawyer Golub E. S., 2701 answers, 1598 reviews, on the site from 06/13/2018
11.3. Good afternoon

In accordance with Federal Law dated 02.10.2007 N 229-FZ “On Enforcement Proceedings”, Article 37, it is possible to grant a deferment or installment plan for the execution of judicial acts, acts of other bodies and officials, change the method and procedure for their execution

1. The claimant, debtor, bailiff has the right to apply for a deferment or installment plan for the execution of a judicial act, an act of another body or official, as well as to change the method and procedure for its execution to the court, other body or official who issued executive document.
2. If the debtor is granted a deferment in the execution of a judicial act, an act of another body or official executive actions are not committed and enforcement measures are not applied within the period established by the court, another body or official who granted the deferment.
3. If the debtor is granted an installment plan for the execution of a judicial act, an act of another body or official, the executive document is executed in that part and within the time limits established in the act on granting the installment plan.

Lawyer Zotov V.I., 36842 answers, 15126 reviews, on the site from 07/11/2009
11.4. Hello, dear Lidiya Borisovna!
This problem for a debtor can be solved in various legal ways with the help of a specific lawyer.
1. Appeal the court decision to the appellate court on the basis of Articles 320, 321, 322 of the Code of Civil Procedure of the Russian Federation.
Article 322. Contents of appeals, presentations
1. An appeal or presentation must contain:
1) the name of the court to which the appeal or presentation is filed;
(Clause 1 as amended by Federal Law dated 09.12.2010 N 353-FZ)
2) the name of the person filing the complaint, presentation, his place of residence or location;
3) an indication of the court decision that is being appealed;
(clause 3 as amended by Federal Law dated December 9, 2010 N 353-FZ)
4) the demands of the person filing the complaint or the demands of the prosecutor making the presentation, as well as the grounds on which they consider the court decision to be incorrect;
(Clause 4 as amended by Federal Law dated December 9, 2010 N 353-FZ)
5) became invalid on January 1, 2012. - Federal Law of December 9, 2010 N 353-FZ;
6) a list of documents attached to the complaint or submission.
2. An appeal or presentation cannot contain demands that were not stated during the consideration of the case in the court of first instance.
A reference by the person filing the appeal or the prosecutor bringing the appeal to new evidence that was not presented to the court of first instance is allowed only if it is justified in the said complaint or presentation that this evidence could not be presented to the court of first instance.
(Part 2 as amended by Federal Law dated 09.12.2010 N 353-FZ)
3. The appeal is signed by the person filing the complaint or his representative. The complaint filed by the representative must be accompanied by a power of attorney or other document certifying the authority of the representative, if there is no such authority in the case.
The appeal submission is signed by the prosecutor.
4. The appeal shall be accompanied by a document confirming payment of the state fee, if the appeal is subject to payment.
5. The appeal, presentation and documents attached to them are submitted with copies, the number of which corresponds to the number of persons participating in the case.
2 After filing the Appeal with the Court of Appeal, contact the bailiff with an Application on the basis of Federal Law No. 229-FZ “On Enforcement Proceedings” to suspend Enforcement Proceedings.
3 If the Court of Appeal satisfies the debtor’s Appeal, the bailiff will terminate the Enforcement proceedings.
3 Next, the debtor will need to prepare for a new consideration of his Creditor’s claim, as a result of which he will be able to check the calculation claims and Petition the court on the basis of Article 333 of the Civil Code of the Russian Federation to reduce the amount of interest and increased penalties.
Good luck single mom.

11.5. Hello, request a deferment of execution - Art. 203 Code of Civil Procedure of the Russian Federation- only the application needs to be sent to the court that made the decision to send the penalty, they may postpone it if you present a difficult financial situation, send a certificate from the hospital where the child is being treated

Postponement or installment plan for the execution of a court decision, changing the method and procedure for executing a court decision (current version)
Civil Procedure Code of the Russian Federation Chapter 16 Article 203
1. The court that has considered the case, upon applications of the persons participating in the case, the bailiff, or based on the property status of the parties or other circumstances, has the right to postpone or defer the execution of the court decision, change the method and procedure for its execution.

2. The applications specified in part one of this article are considered at a court hearing. Persons participating in the case are notified of the time and place of the court hearing, but their failure to appear is not an obstacle to the consideration and resolution of the issue raised before the court.

3. A private complaint may be filed against a court ruling to defer or install the execution of a court decision, or to change the method and procedure for its execution.

Even if you appeal the decision. The interest will not be “removed”; this is not provided for by law; only a reduction in the penalty is possible, Art. 333 Civil Code of the Russian Federation.

Lawyer Gudenkova E.V., 1630 answers, 1214 reviews, on the site from 07/04/2018
11.6. Good afternoon
In this situation, much depends on the form of the organization from which the loan was taken, on the duration of the agreement, on the basis of which court order the debt is collected: a court order or a decision.
1. If the loan was taken out from a bank and more than one year has passed since the date of conclusion of the agreement, then there is practically no possibility of challenging the accumulated interest. The limitation period for the invalidity of a transaction is 1 year according to Art. 181 Civil Code of the Russian Federation.
2. If the case was considered in litigation proceedings, i.e. with the invitation of the parties to court hearings, then the failure of the party to whom the summons was sent but not received is not a valid reason for canceling the decision and reconsidering the case. Paragraph 2 clause 2.1 Art. 113 Code of Civil Procedure of the Russian Federation: participants in the process bear the risk of adverse consequences as a result of their failure to take measures to obtain information about the progress of the case, if the court has information that these persons have been properly notified of the commencement of the process, unless measures to obtain information could not be taken them due to extraordinary and unavoidable circumstances.
3. If a court order was issued and the debtor did not receive it, then such an order can be canceled within 10 from the date of receipt (in court, at the bailiff) by sending to the court an application for the cancellation of the court order along with a petition to restore the period for its cancellation and proof of when the order was received. Articles 128, 129 of the Code of Civil Procedure of the Russian Federation, Art. 112 Code of Civil Procedure of the Russian Federation.
4. Cancellation of a court order makes sense if the loan agreement was concluded with a microfinance organization, credit cooperative, etc. and in the event that less than a year has passed since the date of concluding the agreement with the bank and you want to challenge the agreement in terms of interest (forfeits, penalties, fines). The fact is that after the court order is canceled, credit organizations file lawsuits, the case is considered upon the appearance of the parties. Here you can already raise objections and file a counterclaim.
Challenge an agreement with a microfinance organization, etc. It is possible, it is more difficult to challenge the agreement with the bank, but it is also possible. However, you will need the help of a lawyer.
5. It is possible to challenge the court decision in the appellate instance, reinstating the period for appeal. To restore the deadline, it is necessary to prove the validity of the reasons for missing it: Art. 320, 321 Code of Civil Procedure of the Russian Federation, Art. 112 Code of Civil Procedure of the Russian Federation.
6. You can obtain an installment plan or deferment of the execution of a court decision by contacting the court that made the decision with a statement and evidence of the impossibility of repaying the debt at once, quickly: Art. 203 Code of Civil Procedure of the Russian Federation, art. 37 Federal Law "On Enforcement Proceedings". But it should be remembered that further interest will accrue, because... the contract has not been terminated.

Lawyer Cherepanov A. M., 31094 answers, 11231 reviews, on the site from 03/28/2013
11.7. Hello. In your case, there are two options. Either appeal this court decision (here you need to look at your contract, whether there are grounds for this or not), or apply to the court for a deferment or installment payment on the basis Article 203 of the Code of Civil Procedure of the Russian Federation. Unfortunately, there are no other options to resolve your issue.

12. Please help a single mother! Loans. It's already up to the bailiffs. But it hasn't been received yet. There is no court decision in hand and has not been received. Just like a person is in another city to treat his (adopted) child. This is how the circumstances developed. He will pay! But do you need to urgently remove it through the courts? or bailiffs? Increased interest on the loan (out of 350 tons, 200 thousand is interest). Tell me how you can remove the increased interest on the loan if the case has already been transferred to the bailiffs, and whether it is possible to split the payments into feasible ones. What laws are there in Russia to solve this situation? It is impossible to predict life! That Russia will not come out of the crisis, that massive layoffs will begin in the outback, that a person may be left without work for three years, and in order to heal, survive and teach children, a person is simply forced to look for an opportunity and a place. Thank you.

Lawyer Kriukhin N.V., 157614 answers, 69086 reviews, on the site from 07/14/2011
12.1. You are rude to lawyers, leave undeserved negative reviews about them and demand free things where no one owes you anything.
Consultation refused.
To solve your problems, contact the legal offices of your city, and for a possible free consultation, officially through the MFC of your area!

We urgently need your help. Today, upon receiving the survey document, I saw that the bailiff had imposed a restriction on registration actions. I have a loan debt from him, but he charges me 50 percent. I’m not hiding from the bailiff and paying, but I urgently need to sell the house. but apparently they won’t give it. What should I do? It is not realistic to pay off the debt, but where I go there is everything possible to quickly pay it off, i.e. there is additional income. Read answers (2)

13. We have such a situation. I have been married for 4 years to a citizen of the Russian Federation (I currently have Ukrainian citizenship).
Over the past 6 months, my husband has been collecting loans from banks and online services secret from me. At the moment, the debt together with the interest is about 520,000 (I borrowed about 250,000). The longest loan overdue is 40 days. 7 organizations like "quick money + 3 credit cards in banks. His official salary is 19,000 + unofficial 25,000. I am urgently looking for a job. Now we are renting an apartment, there really is no housing. There is no property that can be sold either. In Married, a year ago we bought an apartment under the DDU, it will be ready next year in February, registered in the name of the husband.
1) Is it possible to somehow reduce interest on loans in order to pay some minimum without going to court?
2) Do they have the right to seize that apartment?
3) If the apartment is now completely registered in my name, can they take it away later?
4) What legal procedures will be necessary?
Thank you so much for any help.

13.1. 1) In a negotiated manner with creditors - it is unrealistic. No one will reduce the interest provided for in the contract. For example, fines may be reduced by agreement, or they may not be reduced, of course.
2) Impose a ban on alienation - they can
Just pick it up if the housing is the last - no
But your husband’s housing, most likely, is not his last; if he is registered somewhere, then he has the right to live there.
3) They may raise the question of allocating the husband’s share in jointly acquired property
4) It depends on why... He may not pay, waiting for the court to file against him. In court you can reduce fines, penalties, and sometimes something else. Then you may need the help of a lawyer, the cost of which is discussed with the lawyer who will work.

14. LEGAL NOTICE

ABOUT THE TRANSFER OF DEBT COLLECTION TO THE STAGE OF WORK BEFORE THE SALE

HCF Bank LLC (Bank) officially notifies you that the collection of your debt has been transferred to the pre-sale stage, due to evasion of debt payment under loan agreement 216... dated 12/25/2012. You can find out the amount of overdue debt by calling 8 800 700 89 77.

Pay your debt promptly!

In case of non-payment of an overdue debt, the Bank reserves the right to transfer the right to claim the debt under the Agreement to a third party:

· In accordance with paragraph 2 of Art. 382 of the Civil Code of the Russian Federation (Grounds and procedure for transferring the rights of a creditor to another person) and Art. 12 of the Federal Law “On Consumer Credit (Loan)”, your additional consent is not required to transfer the right to claim a debt to another person.

· According to Art. 384 of the Civil Code of the Russian Federation (Scope of rights of the creditor transferred to another person), the rights to claim the Bank’s debt will be completely transferred to a third party in the amount and on the conditions that will exist at the time of transfer of the debt, including rights ensuring the fulfillment of the obligation, as well as other related claiming rights, including the right to unpaid interest, the right to compensation for losses incurred.

Call the Bank 8 800 700 89 77 as quickly as possible!

Experts are ready to provide you preferential terms debt repayment.

You can pay using the methods indicated at http://www.homecredit.ru/loans/loans_how.php, incl. right now from payment cards Visa systems and MasterCard of any Russian banks.

You received this letter because you are a client of the Bank. If an error has occurred and you are not a client of the Bank, please report it by replying to this letter

Department for work with overdue debts

LLC "HKF Bank"

Good afternoon. This is the letter I received by email.
The last payment on the loan was in September 2013. Question. What to do?)))

Lawyer Kriukhin N.V., 157614 answers, 69086 reviews, on the site from 07/14/2011
14.1. Hello.
DO NOT DO ANYTHING!
Don't dare call or write to the bank!
You are being provoked to restore the statute of limitations! Reply to the letter - you acknowledge the debt.

15. Can I reduce the interest rate on my loan? Two years ago, I urgently needed money to build a house. I decided to apply to Sberbank for another loan. By that time, my credit history was excellent. This was the fourth loan. But when registering, it suddenly turned out that the percentage from 14% increased to 16.799%, in addition, out of the 750,000 rubles that I claimed, they added an additional 120,000 for insurance. Later I disputed the insurance and my money was returned. Of course, I did not contribute them to repay the principal debt on the loan, since I really needed the money and was forced to pay interest on the entire amount. How to reduce the percentage? The overpayment for 5 years is very large. The aftertaste is not good and the resentment towards Sberbank remains for the rest of my life, but this is not the main thing, the main thing is can I reduce the % and how to do it?

15.1. “The aftertaste is not good and the resentment towards Sberbank remains for the rest of my life, but this is not the main thing, the main thing is, can I reduce the % and how to do it?”

Yes, you can by writing a correct, reasoned statement addressed to the head of the department.

Lawyer Kriukhin N.V., 157614 answers, 69086 reviews, on the site from 07/14/2011
15.2. Hello.
You will not be able to reduce the interest rate on your loan directly from Sberbank.
You can only try to find a bank that will refinance your loan (I do not recommend trusting Tinkoff jar, Sovcombank and Pochta Bank).

15.3. No, changing the terms of the contract is possible only with mutual agreement between the parties. Therefore, if the bank is against a reduction, and Sberbank is always against a reduction, then you have nothing to count on so that other lawyers do not answer you. The introduction at the legislative level of a bank's obligations to reduce the interest rate of a loan on any, even justified, application of the borrower is contrary to the laws of the market and civil legislation both in the Russian Federation and in the world; "Civil Code of the Russian Federation (Part One)" dated November 30, 1994 N 51-FZ (as amended on December 29, 2017)
""Article 421. Freedom of contract
Positions of the highest courts under Art. 421 Civil Code of the Russian Federation ">>>"

""1. Citizens and legal entities are free to enter into contracts.
"Forcing to enter into an agreement is not permitted, except in cases where the obligation to enter into an agreement is provided for by this Code, the law, or a voluntarily accepted obligation.
""2. The parties may enter into an agreement, either provided for or not provided for by law or other legal acts. To an agreement not provided for by law or other legal acts, in the absence of the features specified in paragraph 3 of this article, the rules on certain types of contracts provided for by law or other legal acts do not apply, which does not exclude the possibility of applying the rules on the analogy of the law (paragraph 1 Article 6) to the individual relations of the parties to the agreement.


""3. The parties may enter into an agreement that contains elements of various agreements provided for by law or other legal acts (mixed agreement). The relations of the parties under a mixed contract are applied in the relevant parts to the rules on contracts, the elements of which are contained in the mixed contract, unless otherwise follows from the agreement of the parties or the essence of the mixed contract.
""4. The terms of the contract are determined at the discretion of the parties, except in cases where the content of the relevant condition is prescribed by law or other legal acts (Article 422).
""In cases where a condition of the contract is provided for by a norm that is applied to the extent that the agreement of the parties does not establish otherwise (dispositive norm), the parties may, by their agreement, exclude its application or establish a condition different from that provided for in it. In the absence of such an agreement, the terms of the contract are determined by a dispositive norm.
""5. If a term of a contract is not determined by the parties or by a dispositive rule, the relevant terms are determined by the “customs” applicable to the relations of the parties.
(as amended by Federal Law dated 03/08/2015 N 42-FZ)
(see text in the previous “edition”)
"Open the full text of the document"

16. I urgently need advice on how to act in this situation: I am a credit debtor, the bank sold the debts to a collection agency. I only spoke with collectors twice. The first time they called, they began to “intimidate” me in their own way about how scary everything was and how much I would owe them. Having studied all the nuances, our second conversation was the last. I said that I would pay off the debt only after the trial, they say, sue me. Nobody called me anymore. Recently I received a letter from a bailiff at work, a decree on the collection wages in the amount of 50%. I agree to pay off the debt, but exactly 50% of my salary goes to renting an apartment. And if deductions start, I simply have nothing and nowhere to live. Tell me, can I or a lawyer file an application with the court that made the decision to reduce the percentage of deductions from wages? I pay 50% for rent + about 10% of the remaining I pay for other loans (they are small, monthly payment is about 2,000). In relation to my debts, this is already the second enforcement case, the first one was closed by the bailiff with the note “Debt”. I contacted a lawyer, he suggests contacting me at third party bank with refinancing. But, if the bank sold the debts to collectors, is refinancing possible? Tell me, please, what to do in such a situation? Time is running out, I can’t pay off the entire debt at once according to the bailiff’s order, because I don’t have that kind of money. 50% of the salary will also “cut off oxygen”. Vicious circle. Achievable payments for me are 25-30%. There are no children to support, and no property either.
Thank you!

Lawyer Markov K.N., 8800 answers, 3965 reviews, on the site from 04/12/2015
16.1. You have the right to apply to change the procedure and terms of payment of the accumulated debt.

According to Art. 37 of the Federal Law “On Enforcement Proceedings”, a claimant, debtor, bailiff has the right to apply for a deferment or installment plan for the execution of a judicial act, an act of another body or official, as well as to change the method and procedure for its execution to the court, another body or to the official who issued the executive document.

If the debtor is granted a deferment in the execution of a judicial act, an act of another body or official, enforcement actions are not performed and enforcement measures are not applied within the period established by the court, other body or official that granted the deferment.

If the debtor is granted an installment plan for the execution of a judicial act, an act of another body or official, the executive document is executed in that part and within the time limits established in the act granting the installment plan.

According to Art. 203 Code of Civil Procedure of the Russian Federation the court that heard the case, according to statements from persons participating in the case, the bailiff or based on the property status of the parties or other circumstances has the right to postpone or extend the execution of a court decision, change the method and order of its execution.

These applications are considered in court. Persons participating in the case are notified of the time and place of the court hearing, but their failure to appear is not an obstacle to the consideration and resolution of the issue raised before the court.

17. Loan online "SMS finance". Dear lawyers. I really hope that you can help me. So that it doesn't look like I'm hiding something. I'll write the situation more clearly. A year ago I met a guy, everything was fine, he helped me and treats children normally. And many times he signed both the children and me up to the hospital when I didn’t have time. He knew my information and children, I did not hide anything from him or hide anything. I told him about my difficult life situation. I am raising two children, unmarried, officially on maternity leave. There are a lot of loans that I pay off monthly; I took them out when I was working for 5 years. Next year at the end last payment. Recently I needed money very urgently for treatment. Banks do not give loans and quick loans Same. My boyfriend suggested that I take out an SMS loan. At first I agreed, but I thought they wouldn’t approve. After all, it wasn’t approved anywhere. My claim amount was 3500 rubles. Since I don’t understand anything about this, he agreed to do everything himself. The bank called me and said 5000 was approved. I refused the service after learning the interest rate. The young man himself didn’t give me a loan, even though he works on iron doors and earns good money. He tried in every possible way to persuade me to take it, like he would help me pay. My answer was no! As a result, after a couple of days I receive a notification that my loan payment is 5,000 rubles. + 3000 percent accumulated in a month. And another 300 for a transfer to a qiwi account. I thought it was a joke, I checked my balance on the Qiwi card but there was nothing there. I said young man. He said that he took the money. I registered another Qiwi wallet at home and transferred the money to myself. I didn’t know that he took the money he found for me for treatment from there. Using my phone when it fell out of my pocket and into the car. He did not deny what he had done. But when I asked who would pay the debt, he replied that he had no money. A month later they started calling me and demanding payment. I raised all my acquaintances to re-borrow from them and to be smarter in future not to trust anyone. They didn't give it to me. I'm on maternity leave with an allowance of 700 rubles. All the loans I have are paid by my mother. I don't receive child support. Ex-husband in prison. I turned off the phone number the bank calls me on. They found me using a different number. It will be difficult to explain all this to the bank, and they don’t care at all. I have nothing to pay. This freak still refuses to pay for what he did. I haven't slept for a month now. I don’t know what to do. Where to get money to give to the bank for something I didn’t do and didn’t know. I have no evidence. And I don’t understand how they can give money without confirming that the person works, etc. tell me what I can do in this situation and what will happen if I still can’t find the money to pay off the debt without knowing where. And without knowing where is such a bank “SMS Finance”?! Please help. Explain the pros and cons.

Lawyer Zhilin A.Yu., 7 answers, 4 reviews, on the site from 01/30/2013
17.1. Evgenia, not everything is bad. From your words to on paper didn't sign anything. Do you have any claims (papers) from the bank?

18. Please advise! A relative submitted an application for a loan from MigCredit online - the application was accepted. There was only one method of obtaining available - Contact system. On the website and everywhere it is written that immediately after approval, a TRANSFER NUMBER should be sent to your phone via SMS, by which you can go and receive this money at Contact issuing points. But the SMS with this transfer number did not arrive, MigCredit website support is silent, does not respond to messages, but the loan has already been issued and the deadline is running out. It also says that we are obliged to receive the translation within five days! What if during these five days the transfer number still does not arrive? How to force them to send a transfer for an already issued loan on which interest accrues, how to legally avoid paying the interest accrued during this delay in issuance on their part, and most importantly - how, if the transfer is never received, prove non-receipt this loan? I really hope for your help, because there is no one else to turn to! Besides, we need money urgently! Please take the time to respond!

Lawyer Sokolov D.G., 142219 answers, 33009 reviews, on the site since November 23, 2008
18.1. Alexander, why were you worried?
As long as there is no transfer of money, the loan agreement is considered unconcluded.
They have no proof that you received the money. Such proof could be a receipt for receipt of the transfer, but there is none, because You didn't receive it.
Try calling them by phone, they may not read the messages, this may be a service number for mailings.

Lawyer Povarova N.I., 2310 answers, 1317 reviews, on the site from 09/26/2017
18.2. Good day dear site visitor
You need to contact the Law Enforcement Agencies with a statement regarding this fact, because it is not yet clear whether this is even a fraudulent scheme. If your deadline is running out and interest is being charged, but the money has not been received, then contact the police or the prosecutor’s office.

Lawyer Sidorov I.A., 5660 answers, 2708 reviews, on the site from 09/16/2015
18.3. Good evening.
A loan (credit) agreement is a real agreement, i.e. it is considered concluded from the moment the funds are transferred. If funds are not received, then the contract is considered not concluded. If any claims are made under this agreement, you, or rather a relative, will be able to challenge it due to lack of money. Considering the unscrupulous behavior of the lender already at this stage, I would recommend that you, or rather her, refuse to receive funds and look for another lender.
If it is critically important to receive funds from this particular creditor, then you can recover them in court on the offer-acceptance principle.

Lawyer Vargina K.V., 1929 answers, 1097 reviews, on the site from 12/09/2010
18.4. Dear Alexander!
I don’t want to repeat the eternal truths that before entering into a financial relationship with anyone, you need to imagine WHO you are dealing with. MigCredit is the name of the site, nothing more. The site has neither an address nor contact phone number, no email address. Owns this site Individual entrepreneur(IP) Kadochnikov Egor Sergeevich. This individual entrepreneur was registered in 2014 in the Tyumen region.
You didn’t write whether you entered into any loan agreement or just sent an application? How did you get the answer? It would be nice to have this correspondence or screenshots. What are your rights and responsibilities? Loan term? After all, who do you owe money to? who is your lender?
Without answers to these questions, it is difficult to give accurate advice.
Try contacting support again if you still want to deal with them.
I hope your relative didn’t send a scan of her passport? I categorically do not recommend doing this, even when dealing with Sberbank.
Good luck!

19. The situation is as follows. There were arrears in the bank, large loan They don’t give it, I urgently needed money, so I took it to a microfinance organization. I expected that I would pay for everything or refinance, but that was not the case, although I paid on time and even borrowed from other microfinance organizations in order to pay in the existing ones. But since the interest there is growing by leaps and bounds, I couldn’t pay them off at once, and everything went wrong. Three months passed, and I decided to take a risk and buy out these debts through the “Financial Assistance Cabinet”. In any case, the reviews there are good and the conditions are optimal. I put money on the card to pay for this service, went into my personal account, and there - “the operation was not completed. There are not enough funds on the card.” As I later found out at Sberbank, the microfinance organization wrote off this money as a debt.
So what should we do now? There is no money, loans are not paid.

Lawyer Titova T.A., 113285 answers, 49840 reviews, on the site since 02/17/2012
19.1. Apparently the bank account was seized, by court order and instructions from the bailiff - receive the order in the magistrate's court and submit objections within 10 days, the order will be canceled and withdrawn.

Lawyer Gavrilova V.G., 6970 answers, 3017 reviews, on the site from 09/29/2015
19.2. Hello. In such cases, you should not look on the Internet for some personal accounts, but contact a lawyer or attorney. All such organizations, I mean MFOs, when issuing money, offer you an agreement to conclude. And this agreement specifies all the conditions for issuing a loan. Therefore, when signing the Agreement, you need to think about what and where you are taking, and most importantly, for how long and at what percentage. At this moment, stop paying altogether, send the microfinance organization to court. Find a lawyer who handles these types of cases. All the best. Thank you for your request.

Lawyer Sadykov I.F., 49431 answers, 26528 reviews, on the site from 10/11/2017
19.3. In case of fraud (), contact the nearest police station to report a crime. Receive a notification coupon and KUSP.

20. I am a victim in a criminal case. In addition to punishing the accused, the court ordered me to pay me the stolen sum of money. The verdict came into force. The fact is that the accused stole funds from my credit card in the amount of 30,000 rubles, for withdrawal the bank took a commission of another two and a half thousand. Total 32500. Previously, I didn’t use the card after repaying the loan, but after some time I was approved for a loan on this card and I could withdraw money from it, I didn’t know!
The accused reimburses 500 rubles monthly, when in the meantime, I had to pay 1,500 to the bank. Since I am on leave to care for a child under 3 years old, I cannot repay the loan monthly. Now I have to pay 37,500 to the bank urgently within 4 months. In August I contacted bailiffs at the place of residence of the accused, they said that 50% of her pension was already withheld by 2 banks; as a result, these 50% were divided into 3 claimants, i.e. approximately 16.5% to each. In November of this year they already said that it was held by one bank, but the percentage on my side did not increase. Tell me what can be done about this whole situation!?!?

Lawyer Shakirov A. A., 36929 answers, 15597 reviews, on the site since 12/03/2015
20.1. Contact the bailiff who is handling your case with a request to increase the withholding percentage in your address. If the bailiff refuses, go to court.

21. I took out a loan in the amount of 30,000 rubles at 27% per annum (visa card), paid several times more than I took out and stopped paying. Now the bank has approached me with a claim asking to recover the amount of the principal debt, interest on the term loan, interest on the overdue loan 112 and a fine. If I understand correctly, interest on an overdue loan is a measure of liability for late payment? The calculated interest is 27 percent for a term loan and 27 percent for an overdue loan. But my contract doesn’t say anything about what percentage is set in case of delay, I think that in this case it should comply with Part 1 of Art. 395 of the Civil Code of the Russian Federation? Or am I wrong? But the agreement only talks about annual interest on the loan (loan rate) and the terms of penalties starting from 300 rubles. up to 3000 rub. for delay. Help me understand, my debt to the bank is six times higher than the loan amount I took out. I took 30 thousand interest, 12 thousand interest on an overdue loan of 91 thousand and an 8000 fine! Thank you all very much in advance, I will be grateful to everyone for advice.

21.1. Hello, Yuri!
Let the bank go to court. In court, ask for a reduction in the disproportionate penalty under Art. 333 Civil Code of the Russian Federation.
For more detailed advice, you can contact any lawyer in private messages for a fee.

22. Gentlemen, comrades, people at last!
If you took out a loan and always paid it off, and one day you fell ill with group 2 disability, your pension is 4500 rubles. The only source of income.
Rent 3800 rub. Per month, compensation for rent is 500 rubles. The bank filed a lawsuit to exchange the submitted documents due to the impossibility of payment, the third part of the loan remained to be paid, and the bank collected the entire amount plus interest and fines, and it turned out to be triple the amount taken from them. This is alpha bank. I live in St. Petersburg, I took out a loan in St. Petersburg, but for some reason they filed a lawsuit in Moscow and have not yet notified me about the trial and the decision was not even made in absentia. So they began to write off 50% of the pension. And it’s not difficult to calculate how much for living, 2250 rubles. I'm tired of going to the bailiffs and not getting anything done. I sought advice from a lawyer at 10 legal advice center on Liteiny Ave., he helped me draw up an application for cancellation and restoration of deadlines. Sent it by mail in April. A lawyer said in May that I urgently needed 30,000 rubles. In order to go to Moscow and resolve the issue of cancellation. I collected money from all my friends and gave it away. I still can't achieve anything. I’m asking for the money back, telling me I have nothing to live on; I’m still repaying debts to friends from retirement. The lawyer tells me, maybe you can go to Moscow and resolve the issue there on the spot, I ask Gennady Vyacheslavovich, that’s the name of my lawyer, is there really nothing that can be done? I took out a loan in St. Petersburg, I live in St. Petersburg, why was it filed in Moscow? ? Do something... or return the money, then I’ll go to Moscow and, as you tell me, I’ll try to decide on the spot, it’s still doing it, but I don’t know what... what to do? I'm tired, the pressure is tormenting me and I have nothing to live on...

Law firm LLC Law Firm Avellius, 114 answers, 75 reviews, on the site since 09/07/2017
22.1. Good afternoon, Alla.
The statement of claim is being considered in Moscow, most likely due to compliance with the rules of contractual jurisdiction; regardless of the fact that you took out a loan in St. Petersburg.
In any case, if you are currently cooperating with a lawyer and have paid a fee, you are sure that he has certain skills and tactics in handling this category of cases. Trust a specialist, ask him all the questions that concern you.

23. I have the following situation: I turned to a legal agency so that they would take over my case to return the insured amount from the loan, conclude a “service agreement” (if, of course, you can call these 1.5 sheets an agreement), all this lasted three months, And she always called herself, sometimes without even calling, she found out at what stage my case was, whether they had filed a lawsuit, and so on, I constantly heard some stupid excuses, after three months I was told to make a notarized power of attorney for a lawyer who would represent my interests in court, so that I myself would not be present there, which is appropriate for a legal agency. A summons arrived, I called the agency, they said there was a court date on such and such a date, and so on, (they didn’t even know the exact date), on the day of the trial, I called them in advance and asked if the representative would be at the trial for sure?!... they said yes, of course he will come one hundred percent ... in the end, at the appointed time, they called me from the court and told me to urgently come to the court with documents, it turned out that the Presiding Officer did not come, after calling the court and lying about something, I started calling the agency... they did not answer the phone from me. .. I went to the court myself, since I am the plaintiff, the hearing took place, after that they woke up and called me (before that they called the court and found out whether the meeting took place or not and what the result was)! They didn’t even agree to lie the same way, my surprise simply knew no bounds at how irresponsible lawyers are and why they even take on people’s cases! Now I want to revoke the power of attorney and terminate the contract with them... since the clause in the contract “represented in court” was violated, and this is the responsibility of their party! Would it be right if I revoke the power of attorney and send them a letter notifying them that I am terminating the contract with them because it was violated?...

23.1. Good day. Since the service was not provided to you, you have the right to apply for termination of the contract and return of the money paid on the basis of Article 32 of the Consumer Rights Protection Law.

Lawyer Aleksandrov O. A., 521 answers, 289 reviews, on the site from 09/12/2017
23.2. Good afternoon, in this situation, you first need to go to a notary and cancel the power of attorney, then notify this organization about the termination of the contract, but first carefully read the terms of termination of the contract.

24. Please tell me, does the bank have the right to change the interest rate of the mortgage loan (loan) specified in the agreement towards an increase in the event of my refusal to re-insure the loan (loan) and my health or not?
In order not to delay repayment of the mortgage loan (loan), I began to repay it urgently, thereby reducing the amount of monthly payments. Towards the end of the first year of payment, the bank operator (head office) called and said that it was necessary to go to the bank branch where I received the loan (loan) and take out new insurance for the loan (loan) and the client’s health, thereby forcing me to make additional transfers. The agreement does not stipulate anything about changing the interest rate towards the hobby in the event of my refusal of additional insurance services. When applying for a mortgage, the bank specialist informed that the client has the right not to use insurance services and the interest on the mortgage loan will not change. What to do?

Lawyer Mataev A.G., 40206 answers, 22127 reviews, on the site from 07/07/2011
24.1. Good day.
In this case, the bank is partially right.
You are required to take out property insurance annually (Federal Law “On Mortgage (Pledge of Real Estate”), if you take out it, the bank has the right to impose a penalty and raise the interest rate.
But you are not obliged to insure your life and here you can contact the Central Bank with a complaint, as well as Rospotrebnadzor.

25. After the license of the business was revoked, I was left with the main loan debt of 33465.90, I didn’t know where to go and where to pay the loan, and a month ago they called me, yelled at me, didn’t even introduce themselves and threatened to sue me. I don’t refuse to pay, but the question is to whom. And today I received a letter demanding urgent payment of the debt with interest and penalties already in the amount of 823,848.28. Tell me what to do and where to go?

Lawyer Balakhtin F.V., 25958 answers, 11664 reviews, on the site from 07/03/2011
25.1. Revocation of a license does not mean that the loan can not be repaid. If, after the license is revoked, the bank is declared bankrupt by the court, the stage of bankruptcy proceedings begins, which can last from a year or more. All bank property, including claims under loan agreements, constitutes the bankruptcy estate. The bankruptcy trustee must either take charge of collecting loan payments himself or transfer this right to someone else. So the new creditor will have to repay the debt.
File a complaint with the online reception desk on the website of the Central Bank of the Russian Federation and attach a scanned copy of the request.

Lawyer Kolkovsky Yu.V., 100658 answers, 46974 reviews, on the site from 07/05/2015
25.2. Don’t pay anything, they will go to court and you will reduce both penalties and penalties

Article 333. Reduction of penalties

[Civil Code of the Russian Federation] [Chapter 23] [Article 333]
1. If the penalty payable is clearly disproportionate to the consequences of the violation of the obligation, the court has the right to reduce the penalty. If the obligation is violated by a person carrying out entrepreneurial activities, the court has the right to reduce the penalty, subject to the debtor's application for such a reduction.

2. A reduction of the penalty determined by the contract and payable by the person carrying out entrepreneurial activities is allowed in exceptional cases if it is proven that the collection of the penalty in the amount stipulated by the contract may lead to the creditor receiving an unjustified benefit.

Lawyer Larin O. Yu., 8401 answers, 4277 reviews, on the site from 08/04/2015
25.3. Hello, Lyudmila!
Demand that they go to court, indicating that you will only talk to them in a judicial manner and let them not call again, otherwise contact the police with a statement of extortion ( Art. 163 of the Criminal Code of the Russian Federation). In court, demand the presentation of the cess. If presented, ask the court to reduce the disproportionate penalty under Art. 333 of the Civil Code of the Russian Federation (a proportionate penalty cannot be higher than the amount of the principal debt), if they do not present an assignment agreement, ask to refuse to satisfy the claims, as persons who do not have the proper authority to collect the debt.

26. I was lured to a medical center supposedly for a free consultation. As a result of their promises and persuasion to restore my health, on April 10, 2017, I signed a loan agreement with the bank for 120,700 rubles that was enslaving to me. After 2 days I came to my senses and went to terminate the contract at the medical center. center. Only on May 15, 2017, I managed to draw up an act of termination of the contract. Moreover, the act indicated that 87,050 rubles would be paid to the bank by honey. center and I will pay interest for the time of using the loan in the amount of 4005 rubles. Credit money I did not receive medical services either. I have never used the center. I objected, but they threatened that until I signed these conditions, the act would not be drawn up. I signed and paid the bank 4,100 rubles. The act did not indicate the date of return of the money to the bank. center in the amount of 87,050 rubles, although they were verbally promised to return the money within 10 days. But 15 working days have already passed and the money has not arrived in the bank. They only promise today, tomorrow, this week. The question is: how is honey? force the center to urgently pay the money to the bank, otherwise I will have to pay not only interest, but the entire amount, because The loan was issued to me.

Lawyer Semenov A.F., 35053 answers, 12311 reviews, on the site from 03/29/2015
26.1. It is necessary to file a claim in court on the basis of the consumer protection law. Demand a refund and damages.

27. My husband and I bought an apartment in 2013 for 2,280,000, using mortgage. In December 2013, we partially repaid the loan with maternity capital. In 2014, I submit a declaration for property deduction without taking into account maternity capital (out of ignorance). final property deduction 260,000 was returned in 2016. In 2017, I continue to submit a declaration for the return of interest on the loan. Today they called me and told me to urgently submit a clarifying declaration taking into account maternity capital. How to do this if the tax has already been refunded? And if so, what amount should be indicated: 2280000-410000 (material capital) = 1870000 or 2000000-410000 = 1590000

Lawyer Budilova N.N., 32368 answers, 13173 reviews, on the site since 03/10/2009
27.1. To do this, please contact tax authority where did they call from since the updated declaration is a correction of information, most likely it should be deducted from the cost maternal capital because it's taken into account tax deduction It does not apply to personal income tax.

28. In 2013, I took out a loan for urgent needs from Renaissance Bank in the amount of 370,000 rubles. I paid regularly for a little over a year, then 3 months of delay and payment was made again, then 7 months of delay, during these 7 months the bank’s collectors called me and my children 24 hours a day with threats and incorrect treatment. After threats, I made a payment on May 31, 2016 in the amount of 29,000 rubles based on a monthly payment of 12,251.13 rubles. Then the calls became less frequent, and then they stopped calling altogether until today. Payments were not made due to my temporary unemployment. I myself tried repeatedly to get in touch with the bank and resolve this problem, but no one even tried to listen to me, the answer from their side was unequivocal: “Repay the loan debt with interest and fines for the entire amount at once.” At the moment, the amount is 1,116,070 rubles, of which 200,000 rubles are the principal debt. The fact is that the bank itself does not meet me in any way and does not notify me of anything, I mean solving the problem. Upon request of their debt, they do not provide any information, they send you to the phone, call hotline bank, where I hear one answer: “The amount of debt is such and such..., pay the entire amount urgently.” And today they call from the bank (they were silent for a year), they announced the amount of debt 116,070 rubles and of which 200,000 rubles are the principal debt. When I asked that the bank did not contact me, they answered that the bank resold my debt to collectors 4 times, but they all subsequently refused. I am an honest person, if I owe it, then I need to return it. At the moment I am forced to go out to work, but unfortunately not officially. I don’t refuse the debt, I’m ready to pay, but I don’t have that amount right away. I am afraid that the bank will sue me and the court will award this amount, and then if I delay until the trial, the amount of debt will increase even more. What should I do?

Lawyer Shevchenko O.P., 177970 answers, 77656 reviews, on the site since 04/27/2009
28.1. The bank has the right to sue, then on the basis court decision You will have 50% of your salary deducted to pay off the debt.

Lawyer Kholodilova I.V., 21868 answers, 13003 reviews, on the site from 05/15/2013
28.2. Hello! Renaissance Credit does not always and is very reluctant to go to court. The statute of limitations on your loan will soon expire, and even if the bank goes to court, you will declare the application of the statute of limitations. Complain about debt collectors to law enforcement agencies or the prosecutor's office, or you don't have to talk to them at all. Good luck and all the best.

Lawyer Tom A.V., 21,790 answers, 10,637 reviews, on the site since 11/02/2016
28.3. In your case, it is better to wait for the trial, file a petition with the court for payment in installments, reduce penalties and interest, the amount will be significantly reduced, and in your case there are delays between such large payments, you will only pay penalties and fines.

Lawyer Maksimov M.V., 22010 answers, 12939 reviews, on the site from 09/15/2016
28.4. Wait for the trial, ask for a reduction in interest and penalties during the process, or consider bankruptcy
"Civil Code of the Russian Federation (Part One)" dated November 30, 1994 N 51-FZ (as amended on March 28, 2017)
ConsultantPlus: note.
On some issues of application of Art. 333 of the Civil Code of the Russian Federation, see Resolution of the Plenum of the Supreme Court of the Russian Federation dated March 24, 2016 N 7, Resolution of the Plenum of the Supreme Arbitration Court of the Russian Federation dated December 22, 2011 N 81.
""Civil Code of the Russian Federation Article 333. Reduction of penalties
(as amended by Federal Law dated 03/08/2015 N 42-FZ)
(see text in the previous “edition”)
Positions of the highest courts under Art. 333 Civil Code of the Russian Federation ">>>"

""1. If the penalty payable is clearly “disproportionate” to the consequences of the violation of the obligation, the court has the right to reduce the penalty. If the obligation is violated by a person carrying out entrepreneurial activities, the court has the right to reduce the penalty, subject to the debtor's application for such a reduction.
""2. A reduction of the penalty determined by the contract and payable by the person carrying out business activities is allowed in exceptional cases if it is proven that the collection of the penalty in the amount stipulated by the contract may lead to the creditor receiving an unjustified benefit.
3. The rules of this article do not affect the debtor’s right to reduce the amount of his liability on the basis of Article 404 of this Code and the creditor’s right to compensation for losses in cases provided for in Article 394 of this Code.

Lawyer Moskaleva M.G., 4443 answers, 1653 reviews, on the site from 10/05/2015
28.5. Elena, if the bank sues you, and you are in another place, then having proof of departure in your hands - tickets, temporary registration, etc., you can always restore the deadline for an appeal. You can also be the first to apply to the Court with a request to write off the penalty and provide an installment plan for the execution of the court decision. Recently Supreme Court gave clarification that citizens have the right to file a claim with the Court demanding a reduction in the penalty on the basis of Article 333. A debt that exceeds the main debt by more than 5 times is insanity, and therefore it can and should be reduced. It would be better if you didn’t pay them at all than with breaks of 3-7 months. It is better to seek help from lawyers. All the best!

Law firm Law firm "Yurvita", 25631 answers, 9177 reviews, on the site from 03/09/2016
28.6. good day, Elena! It is better to go to court to the bank to terminate the contract, ask the court to reduce the amount of penalties and fines in accordance with Art. 333 Civil Code of the Russian Federation. After the court decision comes into force, write an application addressed to the judge who made the decision or to the bailiff for an installment plan or deferment of payments. This way, you can reduce the amount of debt and spread it out over time. I advise you to contact lawyers via personal email; they will help you solve your problem and draw up Required documents. You can successfully resolve your issue with legal assistance.
Thank you for using the site's services!

29. On the 3rd there was a loan at 16.5% for 316,000 rubles, 287,560 rubles were received in hand. Due to the Finnish 3 difficulties the loan was overdue. The bank sued. the price of the claim is 367,200 rubles,
267,548-overdue principal debt,
53,000-overdue interest, approx. 7000-penalty 3 and overdue principal debt, approx. 15000-penalty 3 and overdue interest approx. 25,000 urgent interest on overdue principal.
How much can the debt be reduced, and is it possible to return the insurance for this loan?

Lawyer Plyasunov K.A., 145,007 answers, 35,783 reviews, on the site since 02/26/2013
29.1. Hello.
1. Under a loan agreement, a bank or other credit organisation(lender) undertake to provide funds (loan) to the borrower in the amount and on the terms stipulated by the agreement, and the borrower undertakes to return the amount of money received and pay interest on it.

2. The rules provided for in paragraph 1 of this chapter apply to relations under a loan agreement, unless otherwise provided by the rules of this paragraph and does not follow from the essence of the loan agreement.

You need to look at the contract.

Lawyer Shestakov P.D., 10380 answers, 5392 reviews, on the site from 11/01/2016
29.2. Currently, there are often cases of unjustified imposition of the services of insurance organizations when obtaining the services necessary for a citizen. This action contradicts the provisions of the Federal Law “On Protection of Consumer Rights”. If such a situation occurs, then usually the costs of this insurance are included in monthly payments.
You will need to go to court to protect your rights as a consumer, write a statement of claim to terminate the insurance contract, get back the money you paid, and other costs you incurred, including moral damages.
The probability of returning the funds in this case is high, but not “100%”.
Do not pay attention to the company’s warnings about the impossibility of repaying the debt; they usually involve a lawyer who, even before the court, does not admit that you are right in this case. In this regard, I also recommend engaging a lawyer to draw up statement of claim and representation of interests in court, the court will recover the costs of involvement from the defendant - the bank.
The likelihood of the bank itself returning the funds based on your application is not high.

Lawyer Kugeiko A.S., 86702 answers, 38689 reviews, on the site since 12/05/2011
29.3. Hello, Alexandra
For a debt, only the penalty can be reduced.
Insurance must be returned immediately, within 5 days from the date of registration of the insurance policy

I wish you good luck and all the best!

Lawyer Beldyaeva N.A., 37431 answers, 21397 reviews, on the site since 02/12/2016
29.4. Good day. It is necessary to carefully study the contract, namely its terms regarding violation and liability. A reduction can only be made when the creditor goes to court and asks to apply Article 333 of the Civil Code.

Lawyer Stepanov V.I., 36189 answers, 15922 reviews, on the site from 10/15/2011
29.5. Ladies and gentlemen!

You can talk a lot about the fact that loans need to be repaid, that not paying off creditors is shameful and dishonorable. Or, on the contrary, you can lament the inflated interest rates on loans, the fallen standard of living of Russians and the lawlessness of debt collectors. But the fact remains: 25 percent of Russian citizens are in banking bondage, that is, they are in a situation where their partial and non-constant payments under the loan agreement are completely spent on paying off penalties/fines/penalties, but the amount of the principal debt is not decreases.

And so, I wrote this article to help precisely those citizens who are no longer able to pay their loans. My continuous experience in protecting the rights of debtors and fighting credit institutions has already been 6 years, and during this time, through trial and error, through complex litigation, I have developed a certain formula for success. For the entire time of my legal practice in protecting the rights of debtors, not a single client of mine has paid a penny to the bank. I want to emphasize this: not a single client paid a penny to the bank.

Let's start with general information and understanding of what a bank, microfinance organization, or credit cooperative is. By virtue of Art. 1 Federal Law “On Banks and banking" credit organisation - entity, which for making profit as the main purpose of its activities on the basis of a special permit (license) Central Bank of the Russian Federation (Bank of Russia) has the right to exercise Bank operations provided for by this federal law. Accordingly, the law establishes that a bank is an organization that makes profit out of thin air, simply manipulates cash flows, enslaving and placing average people in conditions incompatible with life. It would be wrong to say that the bank’s profit is formed only due to inflated interest rates on loans for ordinary citizens. But still, taking into account the peculiarities of the Russian banking system, banks live at the expense of ordinary citizens, at the expense of extortionate interest rates, due to the fact that they take away the last money, property and even housing from ordinary citizens, from you and me. Based on my experience, not all, or rather less than half of citizens, carefully study the terms of the loan agreement before signing it. Most would never enter into a loan agreement, knowing what moral, emotional, physical and financial difficulties they would subsequently experience. Everyone knows the cases when loan debtors commit suicide, when families break up due to debts, when debt collectors beat and burn people alive along with their home, when children are malnourished, when nervous breakdowns occur, plans collapse, and amid constant stress the debtor becomes weak and sick, acquires chronic diseases and even dies. One can endlessly list all the consequences of the activities of commercial banks in Russia, but this is not mentioned when a lucky guy in a white shirt and with a Hollywood smile looks at us on TV or from a billboard, offering us to get a loan in just 10 minutes. So, only a highly qualified lawyer can help you get out of the situation of complete...credit debt. At the same time, on absolutely legal grounds, the debtor may not pay a penny to the creditor.

1) First and MOST IMPORTANT: stop paying on all loan agreements you have. Don’t pay a penny, don’t contact bank representatives, don’t respond to phone calls and written notices. Just ignore. Under no circumstances agree to any restructuring, since, in essence, this is a new loan agreement, but with more onerous conditions. Do not give in to persuasion to partially repay the debt. The bank collection service will scare you with allegations of fraud, seizure of property, dissemination of information about you, damaged credit history, collectors may even threaten and use obscene language in their speech, they will scare you with dismissal and negative consequences for children. Remember: all this is nonsense and has no legal basis. The creditor has no other options other than going to court. There is nothing illegal in not paying the bank. These are civil legal relations and with the correct sequence of actions you can forget about the debt.

2) The next thing to do: notify all creditors in writing about your hardship financial situation and offer to terminate the contract, or apply a procedure for complete debt forgiveness towards you. This is necessary in order to avoid some negative consequences and officially declare your insolvency. The main thing that you need to understand at this stage is that you are not evading payment or hiding, you simply do not have the ability to fulfill your obligations under the contract. And there is no prospect of repaying the debt in the next hundred years. Also keep in mind that for loan amounts less than 50 thousand rubles, the lender will not go to court at all in 99% of cases. You can simply forget about such a debt.

3) At the third and all subsequent stages, you will need the help of a lawyer to achieve success and avoid mistakes. At this stage, you need to take care of your property so that everything you have acquired through backbreaking labor remains with you or with your relatives, wives, children, parents, business partners, or simply close people whom you trust.

4) The key stage is the trial. There are hundreds of options for the development of events: recognition of the agreement as not concluded, termination of the agreement, recognition of the loan agreement as fully or partially invalid, recognition of the agreement for the assignment of rights of claim as void. Self-direction in all this is recognition individual insolvent. Regardless of the amount of debt, whether it is one hundred thousand rubles or one hundred billion rubles, it makes no difference, after the successful completion of the bankruptcy procedure, all debts will be liquidated. However, it is worth mentioning that bankruptcy of an individual is advisable if the amount of debt is at least five hundred thousand rubles.

Here, in fact, is a very concise and brief summary of what we have been successfully doing for the past six years. We provide assistance to citizens throughout the Russian Federation, including remotely. Of course, each situation with each debtor is individual and often requires a non-standard approach. But this is our job and we do it efficiently.

Sincerely, Lawyer - Stepanov Vadim Igorevich.

30. Please tell me how to prove your truth. The fact is that I wanted to make a monthly loan payment through the SB ATM. Only the ATM accepted the money, but it wasn’t credited to the card, and of course I couldn’t pay the loan, because... funds were not written off. I called Sberbank and explained the current situation. They accepted my application and said that they would correct their shortcomings as soon as possible. Only for 6 days nothing has happened from their side, they don’t return the money, they just call and send SMS saying that they urgently need to pay the loan, because... It's already overdue. They say find more money, pay, and we will later return to you what you put in, otherwise the loan will continue to accrue interest on non-payment. The payment amount is not small, why should I, due to a technical failure of their ATM, run to borrow money when it is their fault. How to prove that they are wrong in this situation?

Lawyer Khachetsukov Yu. M., 10299 answers, 4881 reviews, on the site from 09/15/2016
30.1. Don't confuse the two different processes. A technical glitch and a loan agreement are two different things. You will have to find funds and pay, and then deal with the bank. You can also sue them for poor quality service provided. I hope that you have not lost your ATM receipt.

Lawyer Kostenko O.V., 47227 answers, 20248 reviews, on the site since 05/17/2014
30.2. Good afternoon. You don’t need to look for anything, write them a written claim that the funds were deposited into the ATM in a timely manner. Have a nice pleasant day I.

Lawyer Eremin A. A., 4108 answers, 2143 reviews, on the site from 10/31/2016
30.3. Good afternoon.
Write a written complaint describing the situation. It is also better for you to write an application to the bank regarding granting you a deferment in making your next loan payment due to the current situation. Attach a copy of the application.

Lawyer Egorov A. Yu., 534 replies, 252 reviews, on the site since November 26, 2016
30.4. Good afternoon! There is no need to find anything additional, the main thing is to keep the receipt on the basis of which you deposited money to fulfill your loan obligations. This check contains all the necessary details to confirm that you have fulfilled your obligations. The fact that they will have to recalculate the penalties is solely the bank’s difficulties.