The abundance of credit products on financial market led to the fact that it is rather difficult to find a person who has never used the services of banks to issue loans. But even being sure that the loan will be repaid on time, you can find yourself in a difficult situation.

What to do if there is nothing to pay for the loan and what does it threaten?

To answer how such issues are resolved at Tinkoff Bank, let's first analyze what threatens the appearance of a debt to the bank:

• First of all, this bad credit history which is the lesser evil in this case.
• The second problem is aggressive pressure from bank employees phone calls and SMS to all available numbers of the borrower, relatives and friends.
• The bank's third step will be assignment of rights under the loan to a collection agency.
• And only then the case will go to court.

The bank does not benefit from litigation. In this case, for objective reasons, fines and pennies are likely to be written off from the debtor. However, failure judgment threatens to seize property and restrict travel abroad.

How does Tinkoff bank work with debtors?

Credit card holders a week before the due date minimum payment calls from the bank begin with questions about the date, amount and repayment channels. This is supported by several SMS. In case of delay in payment, they will call several times a day, including at night, write threats in messages and by e-mail.

Tinkoff sends out a huge number of letters by mail with inscriptions like "YOU ARE THE DEBTOR" on the envelope, as well as postcards without an envelope, which violates bank secrecy.

The bank offers a deferral of debt payment, but it is not approved by every client. The procedure consists in fixing several payments in the amount of 500 or 1000 rubles, and then there is a return to the normal debt repayment schedule, however, the payments increase.

What to do if there is nothing to pay for loans in Tinkoff: 3 basic rules

• It is better to contact the bank yourself. Tinkoff does not have offices in the regions, and issues are resolved by phone. But in case of force majeure, it is necessary to write appeals on paper and send by registered mail, attaching copies of documents confirming insolvency. This will become evidence in court if the bank files a claim. Keep receipts for each payment. A copy of the agreement and statement for the full period of service at the bank can and should be received by e-mail.
• Disable all kinds of additional services- insurance and SMS notification. This will help reduce your payment.
• Tinkoff proposes debt restructuring. For registration, it is necessary to apply with an application, necessarily in writing, to the bank. As a result of the decision, an interest-free installment plan for three years will be assigned, and in the fourth year, interest on the loan will increase to 12% per annum.

The borrower sets the minimum payment himself, but according to the bank's conditions, it should not be less than 2% of the debt amount. To confirm the restructuring procedure, it is necessary to make a deposit established by the bank amounts.

Basic rules for cooperation between clients and Tinkoff Bank.

You can download a sample application for loan restructuring

Before the transfer of the debt to collectors, all communication takes place with the employees of the collection service of Tinkoff itself. Their task is to put pressure psychologically so that the client pays huge fines and penalties. It is practiced to pay a double minimum payment to cover the overdue and at the same time the future. At the same time, before the date of the next one, an extract is generated with the next amount of the debt payable.

Articles, the numbers of which intimidate, when considered, are inapplicable to cases of this category.

Malicious evasion of the actions of the defaulter can only be recognized by the court in case of non-execution of the court decision to resolve the dispute with the bank. Transactions worth more than 1.5 million rubles are considered especially large.

According to the law on privacy, the penetration of collectors into the apartment is an illegal act. The defaulter has the right not to open the door to the apartment for those who do not have a court order to inventory the property. And it can only be with bailiffs.

What to do if there is nothing to pay loans, and banks threaten?

Until the case goes to court, the bank can only persuade, and more often threaten, to repay the debt. In case of too active telephone pressure, a statement is written to revoke consent to the processing of personal data. If there was no reaction from the bank, and the Collection Service continues to “bomb” with calls and messages, you can contact the prosecutor's office.

If the impossibility of making a payment on time is known in advance, you need to notify the bank about this before the due date of payment. Depending on the situation, it will be possible to delay the payment for several days or months. After the fact of delay, Tinkoff is reluctant to cooperate. All applications should be sent by registered valuable mail, copies should be duplicated by e-mail of the bank's credit department.

You need to give money to the bank. If the bank has offered conditions that suit both parties, it is better to agree and continue to pay the available amount. This will avoid judgment. If the debt is sold to collectors, the bank no longer has any right to demand the return of the loan.

What feedback do clients on loans leave about Tinkoff Bank?

1. There was a delay in the monthly payment at Tinkoff Bank and they say that they have the right to even interact with third parties (family members, employer) without my consent. they called my entourage (I did not provide the number. 3 people themselves are clients of this bank, and one person never took loans at all. My mother was given the number loan agreement, the amount of the overdue payment and how many days I am overdue. I was told that they are right. I said that they are illegally looking for numbers and disclosing bank secrecy. They say that they have the right and there is no law prohibiting them from searching for third-party numbers in the public domain, as well as transferring the above data to third parties. And 230-fz for what? Who among us misunderstands him? They can only call those whose details I gave and ask them to pass it on to me so that I can contact the bank. Do not talk about the delay and even more so about the amount of the overdue payment and the number of the contract. They can also interact with third parties only if the third party has agreed to this when communicating. They cannot ask third parties to borrow money for me, etc. This is generally an insult to my honor and dignity, I think. They also encroached on my privacy by calling my spouse and mother, and I did not provide their numbers. I'm right? Tinkoff breaks the law.

Law firm Helios LLC, 12588 responses, 7097 reviews, online since 03/01/2019
1.1. Hello. Tinkoff breaks the law. He can't interact with anyone but you.

1.2. They misunderstand, file a complaint with the bailiffs.

Lawyer Provorova A.Yu., 7144 responses, 2728 reviews, online since 24.09.2013
1.3. Good afternoon.
Quite right. File a complaint with the Central Bank, also revoke your consent to the processing of personal data.
Excuse me, but what about bailiffs?

2. The situation is out of the ordinary. I have a loan at Tinkoff Bank, 4 months left to pay and then it started. I paid all previous payments normally, if there were delays for 2 days, I paid them with interest, i.e. 271 rubles for 1 day. When an esm came in August so that I would pay the delay, it’s not clear where I turned to a specialist to revise where the fines from the Tinkoff Bank came from, then the esm came that the bank revised and returned all the fines to my Account for repaying the loan, the rest of the amount is not enough i.e. we must put 676, and I did so. However, the next day, an esm came that there is a debt and fines, I call again, and then everything went well, I ask you to reconsider again where the fines forbid me to make an application for consideration, since there was already an application from us. And now everyone esm with an increase in the fine to pay the loan. Tell me what to do.

Lawyer Ivanov P. Yu., 1633 responses, 913 reviews, online since 11/13/2017
2.1. Good afternoon
Contact the bank with a statement and a description of the situation. Request the violation to be corrected.

3. In 2012, I applied for a Tinkoff credit card, financial difficulties arose, I could not pay, as a result, a lawsuit was filed against me from a collection agency, after the court I paid the bailiffs the amount awarded. 3 years have passed, my financial condition improved and I tried to get a mortgage loan, banks began to refuse one after another, I was at a loss ... why? ... During these three years, I corrected my credit history, issued a Sberbank credit card, withdrew considerable amounts, paid without delay, etc. After the refusal, I decided to ask the Tinkoff bank for them to give me a certificate that they didn’t owe them anything anymore, by phone they sent me to the line to the collectors, who, as a result, told me that I owed them another 8,000 rubles. I still didn’t understand why, because I paid the bailiffs the entire amount and received performance list. Is it possible that I still owe these collectors something? How to be? Now, after all, it turns out that my credit history has not improved, no matter how hard I tried, but rather worsened.

Lawyer Piskareva N. V., 831 responses, 620 reviews, online since 03/15/2016
3.1. Hello. Very often, the creditor in court recovers current debt and does not require the termination of the loan agreement. Thus, the debt is collected, and the loan agreement continues to operate with the accrual of fines, interest, etc. If at the moment the contract has expired, then you need to request from the creditor the calculation and the grounds for the debt. Regarding bank refusals, the credit history is kept for 15 years and plays a big role in the decision of the bank. The bank decides to approve or not and it is impossible to influence this decision. At the same time, you have the right to request an extract from the BCI and, in case of disagreement, to challenge the entries made in court.

Lawyer Kuramshin R. R., 842 responses, 852 reviews, online since 01/12/2019
3.2. Good evening Tamara!
Perhaps this amount of interest accrued from the date on which the calculation was made on the day full repayment debt. This amount could have been presented with a new lawsuit, but it was. Your issue can only be resolved through negotiations with the creditor, for example, by offering them to write it off.

4. So, I had a loan in SB at 17%, Tinkoff offered more favorable rate, which suited me quite well for refinancing. I took a loan from them and closed immediately, on the same day, a loan on Sat. I began to calmly pay strictly on time a Tinkoff loan, this is the 1st and only loan I have. He is obliged to put 12 thousand on the card every 5th day. First payment - no questions. The second payment is fine. But a week later I noticed that there were pennies on the account and they were not there, I began to look for where the little things had gone. I found a fine in the loan for non-fulfillment of lending conditions for 1500 rubles, I was surprised, and from the 6th day, that is, in the history that I always see, it was not there, but here it mythically appeared after a series of operations on the card. I wrote to the bank’s chat, demanding an explanation for the occurrence of the fine, for half a day they tried to find explanations and found out that my previous loan was not closed, or I took a loan somewhere. I definitely didn’t take anything, because I know this, and credit 1 was only Sat. I went on Sat and took a certificate of when and what I closed with them on a loan, sent a photo to Tinkoff. Wrote, we will understand. A few hours later I checked the fine, again a miracle! The name was changed fine, now the delay) surprised-little said. I am writing again in the chat on this issue, the answer is, they say it's all the same, it just looks like this, but it's all the same on a loan. I am not going to pay, I plan to file a claim with moral damage. What do I need to do in this situation?

Lawyer Pitnichenko A. Yu., 2737 responses, 1896 reviews, online since 12/20/2013
4.1. Before filing a claim, you should have read the terms of the Tinkoff bank loan agreement. Banks often set a condition for refinancing to provide a certificate of repayment of debt on a previous loan. You need to study your contract first, so that there is something to build on.

"How to win a lawsuit against a bank on a loan - a case for 5.6 million rubles." (DISPUT WITH VTB)

"How to cancel a court decision in a case on debt collection under a loan agreement"

8. Recently, my husband called Tinkoff Bank with a question about my balance of debt on credit card. From his lips was a question: I am the spouse of such and such, I want to know how much more she owes?
The bank employee announced the amount! I pay monthly minimum payment and there are currently no delays. After my call, they checked the information and sent an SMS that they were wrong and if you have any questions, then email our lawyers! What measures can I take against the bank? Husband files for divorce. Where to apply? To the prosecutor's office, the police or the court? And can they close my debt to the bank in order to avoid punishment?

Lawyer Ligostaeva A.V., 237160 responses, 74614 reviews, online since 11/26/2008
8.1. --- Hello, dear site visitor! Do not make people laugh, there will be no punishment, and no one will write off your debts, do not get into them, and inform your husband, and do not lie to him.
Good luck and all the best, with respect lawyer Ligostaeva A.V.

18. Took mortgage in MTS Bank in 2008 at a rate of 13.75 now I tried to refinance in my bank at a rate of 10 percent, but oddly enough they refused. Although I have been paying for 11 years without delay. Refusal due to low income, since at that time he was still single, and now his wife is on maternity leave and two minor children at 10 percent, they are afraid that they won’t pull it, but I’ll pull it at 13.75. All banks refused to refinance. I approved the refinancing by contacting Tinkoff Bank, and they submitted an application to their bank partner DeltaCredit and Delta, everything was approved without any problems as easily as that. bank. Situation such a delta approved refinancing at 9 percent per annum but for a period of 23 years, but they said that I could repay it ahead of schedule without any problems. Very favorable conditions are offered, with their interest rate I can repay in 7 years. And in MTS to pay another 9 years at a rate of 13.75. MAYBE YOU KNOW About DeltaCredit Bank, you can trust them, I really want to get rid of this debt hole as soon as possible, and I’m worried so as not to get into an even worse option, the apartment is still at stake.

Lawyer Senkevich V. A., 45190 responses, 16993 responses, online since 08.10.2015
18.1. Hello! We are not interested in bank reviews. You can go to the website of the Central Bank of the Russian Federation and first find out if such a bank exists at all. And it is better to trust the reviews from the Internet, especially since they are negative.

19. In 2017, I experienced financial difficulties, in connection with this, there were delays on credit cards up to 120 days (1 Sberbank card, 1 VTB card 24). Later, he completely repaid the debt at VTB 24, began to pay monthly payments through Sberbank. In 2018, the salary increased, I took 3 consumer loans (I paid everything on time, except for one month, when I overdue literally 1 day of payment, the delay was not due to lack of funds). On a Sberbank credit card, he paid monthly amounts without delay and closed everything that remained 2 months ago. The total amount of debt on the cards did not exceed 30,000 rubles. Now I want to get a new card (Tinkoff or Alfa-Bank, I am served in these banks). But almost immediately after applications are submitted, rejections come. I got my credit history, where it says "good credit rating of 3", this is the average level. This story also featured a debt of about 3,000 rubles on a Sberbank credit card, after which I immediately closed it. Now I don't have one open credit, 3 credit cards are open: 1) for two, all debts were closed back in 2017, as I wrote above, one card was overdue, in 2018 they were not used; 2) on the third card (Sberbank) closed the debt in January 2019 and blocked the card.
Question 1. What are my chances of getting a new credit card at Tinkoff or Alfa Bank salary project)? I’ll clarify that I already made a request to these banks in January 2019 - there were refusals.
Question 2. What should be done to improve credit history?
Banks do not voice the reasons for the refusal, in this regard, I cannot correct the situation. I want to know what needs to be corrected in order to become a solvent bank customer.

Lawyer Sadykov I. F., 49436 responses, 26528 reviews, online since 10/11/2017
19.2. They will analyze the credit history formed on the basis of the Federal Law of December 30, 2004 N 218-FZ "On Credit Histories", and this reduces the chances of obtaining a loan product (Article 819 of the Civil Code of the Russian Federation). But it all depends on the lender. They can give. Take small loans and gradually improve your credit history. You are not required to give reasons for rejection. But here everything is so clear.

Lawyer Kalashnikov V.V., 188672 responses, 61686 reviews, online since 20.09.2013
19.3. 1. Chances are slim. Given the background. The law does not oblige to give a loan (Article 817 of the Civil Code of the Russian Federation)
2. you need to pay off old debts.

Lawyer Shishkin V.M., 62632 responses, 25520 reviews, online since 11.02.2013
19.4. 1 the bank will decide. No one is obligated to give you a loan
2. Apply in the manner specified in the law on the issue of improving credit history
Federal Law No. 218-FZ of December 30, 2004 (as amended on August 3, 2018) "On Credit Histories" (as amended and supplemented, effective from January 31, 2019)
"" Article 8. Rights of the subject of credit history

""1. The subject of a credit history has the right to receive "information" in the Central Catalog of Credit Histories about which bureau of credit histories stores his credit history.
""2. The subject of a credit history has the right in each credit history bureau, which stores a credit history about him, no more than twice a year (but no more than once per hard copy) free of charge and any number of times for a fee without giving reasons to receive a credit report on your credit history, including an individual rating of the subject of credit history (if any), including the one accumulated in accordance with this federal law information about the sources of credit history formation and about users of the credit history to whom credit reports were issued.
(Part 2 as amended by Federal Law No. 327-FZ of August 3, 2018)

2.1. The subject of a credit history has the right to send through a credit institution that has entered into an agreement on the provision of information services with a credit history bureau that stores a credit history about him, in accordance with subparagraph "d" of paragraph 2 of part 6.1 or subparagraph "c" of paragraph 2 of part 6.4 of article 6 of this Federal Law, a request to receive, including free of charge in accordance with Part 2 of this Article, a credit report on one's credit history, including information accumulated in accordance with this Federal Law on the sources of formation of a credit history and on users of a credit history to whom credit reports were issued . Sending a request of a credit history subject to receive a credit report free of charge in accordance with part 2 of this article is performed by a credit institution without charging a fee. The credit bureau is required upon request credit institution inform about the number of credit reports received by the subject of credit history free of charge in accordance with part 2 of this article.
(Part 2.1 was introduced by Federal Law No. 327-FZ of August 3, 2018)
3. The subject of a credit history has the right to fully or partially dispute the information contained in his credit history by submitting to the credit history bureau, which stores the specified credit history, an application for amendments and (or) additions to this credit history.
""4. The credit history bureau, within 30 days from the date of receipt of the application specified in Part 3 of this article, is obliged, with the exception of cases specified by this Federal Law, to conduct an additional verification of the information included in the credit history by requesting it from the source of the credit history. If the subject of the credit history indicated in the application that he had justified reasons, including circumstances threatening to cause harm to life or health, in order to obtain the relevant information within a shorter period, the credit history bureau conducts an audit within the period specified by him. At the time of such a check, a corresponding note is made in the credit history.
(Part 4 as amended by Federal Law No. 189-FZ of June 28, 2014)
(see text in previous "edition")
""4.1. The source of the formation of a credit history is obliged, within 14 days from the date of receipt of the request of the credit history bureau, and if the subject of the credit history has valid reasons for obtaining such information in a shorter period - within the period specified by the credit history bureau, to submit in writing to the bureau information confirming the accuracy of previously transmitted information or the legitimacy of the request for a credit report, disputed by the subject of credit histories, or correct his credit history in the disputed part by sending the relevant reliable information or a request to delete the unlawful request to the credit history bureau.
(Part 4.1 was introduced by Federal Law No. 189-FZ of June 28, 2014)
4.2. If, within the established period, the credit history bureau has not received a response to the request specified in part 4.1 of this article from the source of credit history formation in connection with the application of the credit history subject to amend its credit history, the credit history formation source shall be liable established by law Russian Federation.
(Part 4.2 was introduced by Federal Law No. 189-FZ of June 28, 2014)
""5. The credit history bureau updates the credit history in the disputed part or cancels the credit history, if, at the request of the subject of the credit history, on the basis of information received from the source of the formation of the credit history in accordance with part 4.1 of this article, it was decided to fully challenge the information contained in his credit history, in case of confirmation of the specified application, or leaves the credit history unchanged. The credit history bureau is obliged to inform the subject of the credit history in writing about the results of consideration of the said application within 30 days from the date of its receipt. Refusal to satisfy the specified application must be motivated.
(Part 5 as amended by Federal Law No. 189-FZ of June 28, 2014)
(see text in previous "edition")
5.1. The subject of a credit history has the right to send to the credit history bureau in which his credit history is stored, an application for changes in the information contained in the title part of the credit history, with copies of documents confirming the change in the specified information, or to apply to the credit history bureau with an application through the credit organization - a source of credit history formation. Copies of the relevant documents can be certified by the employer of the subject of credit history, an employee of the credit institution through which the application is submitted. Also, the subject of a credit history has the right to apply directly to the credit history bureau by providing the original documents or their copies certified in accordance with the legislation of the Russian Federation. The credit history bureau makes appropriate changes to the title part of the credit history of such a credit history subject with a note that, according to the information received from the subject of the credit history, the passport, the data of which was entered earlier in the title part of the credit history, is invalid. The credit history bureau provides information about changes in the information contained in the title part of the credit history of the subject of credit histories, and about the invalidity of the passport, the data of which was entered earlier in the title part of the credit history.
(Part 5.1 was introduced by Federal Law No. 189-FZ of June 28, 2014)
6. The credit history bureau is not obliged to carry out further verification of previously disputed, but confirmed information contained in the credit history.
7. The subject of credit history has the right to appeal in a judicial "procedure" the refusal of the credit history bureau to satisfy the application for making changes and (or) additions to the credit history, as well as the failure to submit a written report on the results of consideration of his application within the period established by this article.

Lawyer Derevyanko S.Yu., 155781 responses, 56963 responses, online since 08/15/2012
19.5. 1. If your credit history is not damaged, then you have the right and chances to get a new loan.
2. Pay off all old debts and submit updated information to the credit history bureau According to the Federal Law "On Credit Histories" of December 30, 2004 N 218-FZ, art.5.

Lawyer Gorlysheva E.V., 58235 responses, 28595 reviews, online since 11/26/2009
19.6. You need to wait at least six months and apply again for a loan to any banks. Lawyers will not be able to tell you anything specific about the chances, because. banks independently assess the solvency of a potential borrower and decide whether to grant a loan or refuse.
Article 807 of the Civil Code of the Russian Federation, Federal Law No.
12/21/2013 N 353-FZ (as amended on 12/27/2018) "On consumer credit(loan)".

Lawyer Maksimov M. V., 22010 responses, 12939 reviews, online since 09/15/2016
19.7. Do you have questions from a category that is determined only by internal banking rules; if you applied for a loan several times, then for the next 5 years you can forget about any loan. You can fix this by putting money on a deposit, for a couple of millions, although then you don’t need a loan; either buy small household appliances on credit and immediately close it and so on 15 times, but this is quite expensive, since you will have to pay for 30 days;
"Civil Code of the Russian Federation (Part One)" dated 11/30/1994 N 51-FZ (as amended on 08/03/2018) (as amended and supplemented, entered into force on 01/01/2019)
"" Civil Code of the Russian Federation Article 421. Freedom of contract
The positions of the higher courts under Art. 421 of the Civil Code of the Russian Federation ">>>"

""1. Citizens and legal entities free to enter into a contract.
"" Compulsion to conclude a contract is not allowed, except in cases where the obligation to conclude a contract is provided for by this "Code", "law" or a voluntarily accepted obligation.
""2. The parties may conclude an agreement, both provided for and not provided for by law or other legal acts. To a contract not provided for by law or other legal acts, in the absence of the signs 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 individual relations of the parties under the contract.

(see text in previous "edition")
""3. The parties may conclude an agreement that contains elements of various agreements provided for by law or other legal acts (mixed agreement). To the relations of the parties under a mixed contract, the rules on contracts, the elements of which are contained in the mixed contract, are applied in the relevant parts, 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, unless the content of the relevant term is prescribed by law or other legal acts (Article 422).
"" In cases where the condition of the contract is provided for by a rule that is applied insofar as the agreement of the parties does not establish otherwise (dispositive rule), 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 the terms of the contract are 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 No. 42-FZ of March 8, 2015)
(see text in previous "edition")

Lawyer Drannikova Y. V., 651 responses, 360 reviews, online since 02/19/2019
19.8. You can take a small requirement. Credit (phone on credit, for example) 3 months to pay according to the schedule, then repay ahead of schedule. Your credit history will improve and the percentage of taking a credit card will increase.
You can also study the Federal Law of December 30, 2004 N 218-FZ "On credit histories.

Lawyer Umrikhin A. I., 8280 responses, 5264 reviews, online since 10/20/2018
19.9. Alexander, in order to receive credit cards, in this case you need to increase your credit history, Federal Law of December 30, 2004 N 218-FZ (as amended on August 3, 2018) "On Credit Histories". A number of banks offer programs for restoring credit histories, you can contact banks and get advice on how to improve your credit history.

Lawyer Rusalsky K. V., 717 responses, 584 reviews, online since 10/31/2018
19.10. Option 2
1st Study the Federal Law "On Credit Histories", then consistently take and repay many small loans on time. There are even individual organizations that deal with the alignment of credit history in this way.
2nd By legal means to change personal data so that during verification you are identified by the system as a different person. There were cases when a person with serious credit arrears received new offers from the same bank, simply by changing his last name. However, you need to understand that it is necessary to act in this regard exclusively by legal means. If you provide false information, you can become a defendant in a criminal case. 159.1 of the Criminal Code of the Russian Federation (for example)

20. Since 2014, had a credit card in Trust Bank in the amount of 40,000, paid monthly payments from 2014 to 2018. I've already paid out much more than the money I borrowed. In December 2018, Trust Bank transferred all loans to Otkritie Bank, a letter was received from Otkritie Bank with a proposal to come and sign a new agreement with them. I don’t have a loan agreement with Tinkoff Bank in my hands (and I don’t remember that there was one at all, the card came by mail). I haven’t made any payments to the bank yet, naturally there is a delay. What to do in this situation? Is it better to sign a new agreement with Otkritie Bank and start paying or wait until the bank sues? Or maybe there is some article of the law, according to which I can sue the bank myself so that the loan is withdrawn from me altogether? (I remind you that I have no documents on the loan and there is no branch of Trust Bank in the city either.)

Lawyer Fedorov Yu. A., 951 responses, 639 reviews, online since 12/19/2018
20.1. It all depends on the situation, but it’s better not to start it, if the delay is not large, then it’s better to negotiate with a new lender.

Also, keep in mind that today there are many ways by which you can legally get rid of credit obligations or at least make it impossible to collect debt under a loan agreement. These include termination of the loan agreement, recognition of the transaction as invalid, challenging the terms of the agreement as contrary to the law (Article 168 of the Civil Code of the Russian Federation), recognition of the transaction as bonded (Clause 3 of Article 179 of the Civil Code of the Russian Federation), bankruptcy of individuals and the termination of enforcement proceedings on the grounds Art. 46 ZF "On enforcement proceedings". To understand directly your situation - you need to see the documents that can be sent by e-mail [email protected]

Sincerely, Financial Attorney - Stepanov Vadim Igorevich.

26. I have a delay in the Tinkoff bank for half a year now, I have nothing to pay with, I have two small children, now I don’t work, they call, they threaten what to do.

Lawyer Maksimov M. V., 22010 responses, 12939 reviews, online since 09/15/2016
26.1. Wait for the trial, during the process ask for a penalty on the basis of Art. 333 of the Civil Code of the Russian Federation; "Civil Code of the Russian Federation (Part One)" dated November 30, 1994 N 51-FZ (as amended on August 3, 2018) (as amended and supplemented, entered into force on September 1, 2018)
"" Civil Code of the Russian Federation Article 333. Reducing the penalty
(as amended by Federal Law No. 42-FZ of March 8, 2015)
(see text in previous "edition")
ConsultantPlus: note.
The positions of the higher courts under Art. 333 of the Civil Code of the Russian Federation ">>>"

""1. If the penalty payable is clearly "disproportionate" to the consequences of the breach of obligation, the court may reduce the penalty. If the obligation is violated by a person engaged in entrepreneurial activity, the court has the right to reduce the penalty, subject to the debtor's application for such a reduction.
""2. The reduction of the penalty determined by the contract and payable by the person engaged in entrepreneurial activity is allowed in exceptional cases, if it is proved that the recovery of the penalty in the amount provided for by the contract may lead to the creditor receiving unreasonable benefits.
3. The rules of this article do not affect the right of the debtor to reduce the amount of his liability on the basis of Article 404 of this Code and the right of the creditor to compensation for losses in the cases provided for by Article 394 of this Code.

"Open the full text of the document"

Lawyer Ternovykh I.A., 22807 responses, 6377 reviews, online since 06/23/2014
26.2. The algorithm of actions depends on a number of circumstances, as well as your ultimate goal. Consideration of options individually for each situation.

Lawyer Sokolov E. V., 386 responses, 116 reviews, online since 11/14/2017
26.3. Hello Ekaterina! Your problem can be solved. Legal assistance to debtors in the settlement and restructuring of debts to banks, microfinance organizations, collectors throughout the Russian Federation! Contact us, we will help!

27. Due to my own stupidity and naivety, I fell into a debt hole. I have a credit card from Tinkoff Bank with a monthly payment of 3300. I also have a loan from Solva with a monthly payment of 2800. I work, rent a room in a hostel, and until recently I successfully coped with all financial obligations. A friend approached me with a request to take her a loan in her name at the post bank. Before that, we often helped each other with money (both small and large amounts) and there were no problems. I had no doubts about her, especially since at that time we were working together. Therefore, after persuasion and her promise to write a receipt from a notary, I naively agreed. We took out a loan. She regularly paid her debt for several months. Later I had to change jobs and she stopped paying, citing financial difficulties and promising me to return everything. I understand that since the loan is issued in my name, it is I who must pay it, I do not refuse it. But the problem is that the amount of monthly payments has become unbearable for me. I wanted to take a loan from other banks for a longer period in order to get financial relief. I applied to many banks, but they refused me everywhere. In the end, in order to prevent delays, I had to turn to microloans, since no one among my friends could help. Then the time came to pay both loans and microloans, I was forced to apply to new and new MFIs. Over the past few months, I have collected more than ten microloans, the entire salary went to pay%, there was no free money left. There have been no delays yet, but the next payment day is approaching and now I have nothing to pay even the interest. The restructuring of the MFI is denied. Recently I learned about refinancing the Russian Federation - but there is also a refusal. Banks refuse. There is absolutely nowhere to wait for help and from no one. My mother lives in the village and, besides me, she has a young daughter and a disabled son, so she is also unable to help. In a few days, delays will begin, I am very afraid and don’t know what to do, the loop seems to be the only way out, because I myself am to blame for everything. Is there a way out and how to act in this situation?

Lawyer Tumakova E. V., 18 responses, 13 reviews, online since 08.11.2018
27.1. Try bankruptcy individual. Find a lawyer who deals with this or read about this procedure on the Internet.

28. I have a credit debt Tinkoff map bank in the amount of 106,000 rubles
At the moment, I am not able to pay the amount of the monthly payment, taking into account all the delays in the amount of 14,200 rubles, all that the bank gave me during this time was the opportunity to pay this amount in parts, but as I understood later, this could in no way solve the current situation, but only made it worse
I asked about the possibility of giving me a credit holiday, to which I was given a vague answer that it kind of could happen.
I also noticed that I was charged for the loan insurance, but after reading the insurance contract, I saw that they had no right to insure me because my income does not go to the work book or employment contract, it is not official and purely individual, I deal with furniture and all income comes to me from orders that are not recorded anywhere.
Tell me what to do in this situation, I do not evade payment and do not plan to write off the loan, I want to pay it back, but at the moment I do not have such an opportunity.
Now I have stopped communicating with the bank so that I would have time to figure it out, since in any case all they offer me is to pay the debt in installments, while this in no way reduces the amount of the debt, but only pays off the interest on it, preventing me from getting out of this situation.

Lawyer Petrova N. E., 2674 responses, 2221 reviews, online since 10/12/2017
28.1. Good afternoon In your situation, you can recommend refinancing, that is, taking a loan from another bank in order to repay the current loan. Some banks have developed special programs for this purpose, search the Internet and choose the best bank with such a program based on reviews.

Lawyer Svettsov S.Yu., 4004 responses, 1141 reviews, online since 11/01/2012
28.2. Good afternoon
It's simple, do not pay the debtor. If something does not suit you in the contract, go to court, you will lose 99%. Wait until they go to court, they can reduce the debt, if there is something to reduce.

Lawyer Gremyachkin N. K., 81 responses, 46 reviews, online since 10/30/2018
28.3. Dear Viktor!

Communication with the bank is the most profitable and fast way solving payment problems. Ask for a deferment or restructuring, confirming your difficult financial position documents (copy of work book, certificate from the employment center that you are unemployed, etc.).

Insurance, most likely, is an additional service that you can probably turn off by contacting your bank or insurance company.

29. Mom 6 years ago took a credit card from Tinkoff Bank in the amount of 54,000 rubles. All this time she paid according to the schedule, there were small delays, which amounted to no more than 10 days. I paid ≈ 3,500 rubles every month, I have paid and continue to pay until today. The principal amount of the debt does not decrease in any way, today they called the bank's hotline, they said that today the amount of the debt is 51,000 rubles, it turns out that my mother paid only 3,000 rubles of this amount for 6 years, while she paid according to the schedule every month. How so? He is afraid to go to court, he says that they will not be able to do anything, I myself am in another city, so I can’t do anything. Of course, I didn’t read their contract, and my mother herself doesn’t know exactly how much it was necessary to pay every month, she just received an SMS that she needed to pay ≈ 3500 by a certain date, and she paid this amount, I calculated, and she for 6 years she deposited more than 250,000 rubles into this bank, but she took only 54,000, and this amount remains the same to this day, and they demand more. Can we sue Tinkoff Bank in court, with damages, to return that overpaid amount. Thanks in advance for your help, looking forward to your reply.

Lawyer Abrzhova V. A., 2305 responses, 1409 reviews, online since 09/22/2018
29.1. Hello, first you need to apply with an application to provide information on this loan. To find out the score, and to have it all recorded on paper. Then we write a claim and attach a project statement of claim to the court, as well as a draft complaint to the prosecutor's office.

Lawyer Rudenok V.N., 5015 responses, 2313 reviews, online since 01/31/2013
29.2. You can sue .. you need to do the calculation of the debt. It is necessary to look so that the statute of limitations for going to court does not expire .. you may have to look for reasons to restore this period.

Lawyer Panfilov A.F., 50202 responses, 24690 reviews, online since 20.09.2013
29.3. It is high time.
Yes, you can file a lawsuit demanding that the debt be repaid, the recovery of unjust enrichment ..
And finally, finally decide on the amount ...

30., good afternoon! I have such a situation. In 2014, she took out a loan from Tinkoff Bank in the amount of 30,000 rubles. I bought mobile phone and accessories to it. At first she paid on time, but after a while she began to pay with delays, that is, she lost her job. Further did not pay 7 months. Fines ran up, collectors called, threatened with court, but so far these were just threats. Then, somewhere a year later, a trial took place without my participation, and the court ordered me to pay 27,000 fines. I want to note that the loan itself was repaid along with%. I contacted a lawyer. He advised me to withdraw the statement of claim, which I immediately did. Further silence. It's been almost 3 years since then. No calls from the bank. I tried to take loans from others, but everywhere they refused, even at MFIs. It seemed very strange to me because people with poor QI usually receive small amounts from MFIs to improve their QI. Today I contact Sberbank, order my CI and find out that I have a valid loan from Tinkoff and, as it was 27,000, it’s still hanging there, everything is marked in red there. Now I have the following questions. Is Tinkoff legally acting against me by not removing information from the CI about my last loan after my withdrawn statement of claim? After all, they were silent for almost 3 years instead of taking some action. And what do you advise me to do now in this case so that that line in my credit history is empty or they correct it?

Lawyer Vasilenkov S.V., 14600 responses, 4541 reviews, online since 02/14/2007
30.1. The subject of a credit history has the right to fully or partially dispute the information contained in his credit history by submitting to the credit history bureau, which stores the specified credit history, an application for amendments and (or) additions to this credit history.
The credit history bureau, within 30 days from the date of receipt of the application specified in Part 3 of this article, is obliged, with the exception of cases specified by this Federal Law, to conduct an additional verification of the information included in the credit history by requesting it from the source of the credit history. If the subject of the credit history indicated in the application that he had justified reasons, including circumstances threatening to cause harm to life or health, in order to obtain the relevant information within a shorter period, the credit history bureau conducts an audit within the period specified by him. At the time of such a check, a corresponding note is made in the credit history. The subject of credit history has the right to appeal in court the refusal of the credit history bureau to satisfy the application for making changes and (or) additions to the credit history, as well as the failure to submit a written report on the results of consideration of his application within the period established by this article.

By signing the loan agreement, the bank's client agrees to the terms of the loan, however, in case of delay on the Tinkoff credit card, the bank has the right to impose penalties on the debtor. This information must be specified as a separate clause in the contract.

Official site.

Tinkoff Bank has the right to apply measures against the borrower that comply with the law, namely:

• fine;
• penalties.

A fine can be imposed on the borrower when the next monthly payment does not come to pay off the debt within the period specified in the agreement.

The amount of sanctions depends on how often the client violates the terms of the loan:

1. For the first late payment, the bank imposes a fine of 590 rubles.
2. If the client continues not to pay, then 1% of the total debt will be added to the amount of the main fine.
3. Three times overdue payment entails penalties, as with the initial non-payment of the loan plus a penalty of 2% of the debt amount.

The penalty is calculated every day after the accrual of the main penalty until the loan debt is repaid. In Tinkoff Bank, in case of delay, a penalty of 0.2% of the amount owed is provided, which in the end can be up to 73% per year.

Important! If you do not pay the loan debt on time, the loan amount will increase several times.

Prolongation and restructuring

When applying for cash loans, the date of repayment is mandatory, but it happens that the client, for some reason, is not able to deposit the necessary amount to close the loan. In such cases, you can use the extension service. The owner of the loan must pay the interest accumulated on the loan, which will prolong the possibility of further use of bank funds.

In order for the bank to extend the period of use of the loan, you must apply online through Personal Area www.tinkoff.ru You can also use the phone hotline 8 800 333 777 3. The manager will explain in detail what needs to be done to apply for an extension, and how to apply correctly so that penalty interest and penalties are not charged.

But there is another service: restructuring - these are changes made to the loan agreement. In other words, the bank gives the client the opportunity to change the main provisions of the contract, which include a number of important conditions:

• terms of debt payment;
• interest rate;
• commission amount.

To use this functionality, you need to write an application and wait for it to be considered, only after that the client will have the opportunity to choose new conditions. Restructuring is resorted to in extremely rare cases, when the situation is really hopeless.

Debt collection procedure

Tinkoff Bank regularly informs its customers about the amount of debt, its maturity in the following ways:

1. Through SMS notifications to the phone number specified when applying for a loan.
2. With the help of telephone calls to the contact number.
3. Information is received by email.

If the client fundamentally does not make contact with the bank employees and evades paying the loan, the company has the right to refer his case to the court or to third parties, for whose methods of work he is not responsible.

If payment of the debt is impossible for any reason, you should immediately contact the bank employees, they will suggest the best solution to the problem.

Reviews of bank borrowers

For those who are interested in how to get out of this situation, reviews of some Tinkoff Bank customers who encountered unforeseen circumstances and could not repay the debt on time are presented.

I decided to apply for a loan for 300,000 rubles, only 42,000 rubles were approved. Some time later, a daughter was born, the husband lost his job, and there were not enough funds to pay 8% of the debt. When they called from the bank, I didn’t lie, I told it like it was. They asked me to write an application for the recalculation of interest, as a result, they reduced the rate by 0.5% and delayed the payment for 2 weeks. We recently paid the last installment, we are very grateful to the bank for understanding!

Alena Vladimirovna, salesperson.

I had the imprudence to issue a loan for 100,000 rubles. at Tinkoff Bank. I spent the entire amount, and cashed out from the Tinkoff Platinum card, immediately flew out of the grace period. As a result, people called day and night and threatened with court, prison, and some other rubbish. In the end, they sued. My brother is a lawyer, through the court they reduced the amount payable by 1%, as a result, I had to return more than 170,000 rubles!

Stas Mikhailovich, driver.

I took a loan, approved the third time and only 50,000 rubles. I stopped paying after 3 months, at first they called and wrote, they got it. Then they handed it over to collectors, fines went, as a result, a month later, from somewhere, it ran under 80,000 rubles, I didn’t even understand how it happened. They haven't filed a lawsuit yet, but I've already gone to the lawyers.

Michael, realtor.

I have been using the services of the bank for 5 years already, I try not to leave the grace period, credit limit 350,000 rubles. Once I made a delay due to vacation, literally for 2 weeks. The bank employees called me and just asked if everything was in order, put down a different payment term. I explained the situation and without any problems on my return I paid the debt on the card.

Veronika Alexandrovna, kindergarten teacher.

When applying for a loan at a bank, you must remember about your obligations, as well as the fact that delay entails a number of penalties. In addition, not deposited money on time can ruin the credit reputation of the borrower.

About the agreement concluded between the client and Tinkoff Bank

Before getting loan funds, the client needs to carefully study the conditions under which credit is provided, as well as repayment methodsso that there is no delay.

note! All basic information on the loan is prescribed in the contract, and it can also be found in the borrower. Here you can find out if there was a delay in payment.

The loan agreement is drawn up on an individual basis, and therefore it should be:

• Read carefully.
• If there are any incomprehensible moments, then it is worth clarifying them with the manager of Tinkoff Bank.

Based on the solvency of the client and his credit reputation, a possible, as well as interest rate per annum and the amount of the minimum payment.

It is also important to remember that the following data are indicated in the loan documents:

1. Penalty for delay on a Tinkoff bank credit card.
2. Conditions for using the grace period (grace period).
3. Commission fee cashing out.

If you do not understand all the main points that relate to lending in Tinkoff Bank, you may encounter such a problem when monthly payment will be many times higher than you expected. That is why you should not be shy to ask all your questions to the bank manager.

Survey for visitors

What penalties await the client in case of delay in payment?

Delay on a credit card is accompanied by a number of measures that are prescribed in Civil Code Russia, namely the accrual of penalties or fines.

Penalties are imposed on the borrower if, by the date of repayment of the debt, the minimum monthly payment does not reach the account of the financial institution.

The amount of the fine depends on how often the client did not pay his loan debt:

At the first delay, Tinkoff Bank charges 590 rubles. In the second, one more percent of the total debt is added to the initial fine. All subsequent times of not making payments, the bank imposes penalties in the amount of 590 rubles +2% from the total loan.

It is also necessary to remember that in addition to fines, penalties are charged. It begins to be calculated immediately after the introduction of the fine, every day until the payment of fines and the mandatory payment.

note! Tinkoff Bank charges a penalty in the amount of 0,2% from the loan amount, which eventually turns into 73% per annum. In order not to overpay so much, you need to pay off all debts on time.

How can you avoid delays in payments in Tinkoff Bank?

A few tips on how to prevent credit card delinquencies:

1. Make a payment a few weeks before the last day of the billing period, in extreme cases - in five days. When making a mandatory payment, it is necessary to take into account holidays and weekends, as they may affect the term for crediting funds to a bank account.
2. Tinkoff Bank always notifies its customers about the need to make a payment from a credit card. Therefore, it is important not to miss SMS notifications from a financial institution.
3. Payment reminder still comes in one billing month so you should check your email.

When a delay occurs, managers always contact customers to find out the reason. If such a situation has occurred, then you should not be afraid to communicate with representatives of Tinkoff, because if the reason for the delay is serious, they will tell you what to do in such a situation.

What does Tinkoff Bank do in case of delay?

If such a situation happened, then you need to look for an opportunity to pay off the debt, in the absence of such an option, it is better to immediately contact the bank, and not wait until huge interest “runs up”.

After all, Tinkoff treats its customers with understanding, and therefore can offer several ways out of the situation that has developed. For example, provide a service "Credit holidays". Tinkoff Bank can provide this service if difficult life circumstances have occurred in the life of the borrower.

Useful video:

To connect it, you need to send a letter to the bank with a request to activate the service and specifying for how long.

Remember! After the expiration of " Credit holidays”, the client undertakes to renew his

The letter will also need to be duplicated to the Tinkoff email address. After considering the application, the bank will send a notification of the decision.

In addition, Tinkoff is ready to offer its customers, that is, to reduce interest and increase the loan term.

Important! If the debtor of the bank refuses to cooperate, then Tinkoff has the right to sue him or transfer the loan to.

Before you sign a contract, you need to soberly assess your strengths and decide whether you can make the mandatory minimum payment on time.

What happens if you don't pay your loan debt?

It should be said right away that it’s impossible not to pay at all. After all, the calculation of penalties is only the first stage. Further, the bank will begin to constantly call, send letters with a request to pay off debts.

If this does not have any results, then the bank on the borrower with a requirement to recover cash on credit. In addition, non-payment of the loan is reflected in the debtor and thereby spoils it, as a result, it will be very difficult to get another loan.

Reference! In most cases, the court is on the side of the bank, and therefore the borrower will need to return the money.