The economic situation in the country is increasingly forcing people to take out loans from banks. Life circumstances drive you into even greater bondage. Sometimes a person simply doesn’t know what to do. Anxious thoughts arise when there is nothing left to pay the loan. A person is frantically trying to find answers to such questions: how often does Alfa-Bank go to court, how long does it take for Alfa-Bank to go to court if the loan is not paid. And this is only part of a huge number of questions. In this article we will look at them and tell you what to do if Alfa-Bank filed a lawsuit.

The amount of debt at which the bank sues

You can often come across the question of whether Alfa-Bank sues for a certain amount. Here you need to clearly understand that the bank makes a decision on legal proceedings based on the specific situation. The amount of debt itself is practically not of particular importance.

The bank looks at the duration of non-payment of debt. That is why it is more logical to ask the question, after what time does Alfa-Bank file a lawsuit?

Why is the bank in no hurry to go to court?

Indeed, some believe that already at the first delay, the bank files a lawsuit to get its money back. In reality, everything is completely different. When Alfa-Bank sues a debtor, he clearly understands that in order to win and return the funds he will have to spend a lot of effort, time and money.

In addition, it is not always possible to win a case with financial institutions. Then they not only do not repay the borrowed funds, but also pay all their legal costs themselves. That is why Alfa-Bank often does not sue debtors who have not returned less than 100 thousand rubles. In short, if the debt is small, the case is unlikely to go to court.

But this does not mean that the bank will forgive this debt to its client. No, on the contrary. He can choose one of the following paths:

1. will entrust the case to the bank's security service;
2. will sell the debt to collectors.

When Alfa-Bank sues: types of loans

It happens that a person wonders in surprise why Alfa-Bank does not sue the debtor. It seems that no money is being paid, and no one is summoning them to court. Large debt is the main reason why a bank goes to court. That is why, most often you can hear that Alfa-Bank filed a lawsuit over a loan that has the following features:

• long repayment period;
• mortgage credit lending;
• car loans.

But even a small amount of debt does not guarantee that Alfa-Bank will not sue over the loan.

Why is Alfa-Bank suing?

Large banks, who care about their reputation, are going to court for a refund borrowed money are contacted extremely rarely. But there is another side to the coin. Such organizations serve a huge number of people, it is quite logical that among them there is a certain percentage of debtors. Alfa-Bank does not use the services of collectors so as not to spoil its reputation. So it turns out that the only way to influence is to go to court.

This is the practice large banks, including Alfa-Bank, Sberbank, VTB, Gazprombank and some others.

Benefits or costs of litigation for Alfa-Bank?

A person, having heard that a bank has filed a lawsuit against a debtor, almost always believes that this is a case financial institution will win. But in reality everything turns out to be much more complicated. For most debtors, suing Alfa-Bank will be beneficial. Why? There is a possibility of debt reduction. Of course, this cannot be done without obligations.

What about the bank? He risks not only his reputation, but also money and time. And if in the end the decision is also in favor of the defendant, then the bank’s costs will turn out to be catastrophic.

There is another very important nuance. Once the bank has filed a claim against the debtor, it cannot impose any fines on the loan amount. We must not forget that even if the bank obliges the client to pay the debt, it will do so in small monthly amounts. It will also be impossible to use fines again after a court decision.

From here you can easily find the answer to the question, how often and quickly does Alfa-Bank sue? It is simply not profitable for him to do this in a short period of time. That is why they try to delay until the last minute in order to impose as many fines on the debtor as possible. That is why it is worth asking yourself how to sue Alfa-Bank yourself, so as not to fall into even greater bondage.

In order for the bank to stop charging fines on an existing loan, the client of the financial institution must draw up an application requesting to transfer the case to court. Maybe not immediately, but in the near future the bank will have to do this. However, penalties cannot be assessed by the client after filing such an application.

We correctly draw up an application to the bank

It is very important to submit and complete the application correctly. You need to take it to the bank yourself, and not transfer it through other persons. When submitting paper, you must ask to make a copy of the document with a signature confirming its acceptance.

The bank, after receiving such paper, must respond to the debtor no later than 1 week. If this obligation is violated, the client may contact the financial institution to obtain an explanation in writing.

If a person feels that he is about to be unable to pay the loan, he urgently needs to take such a statement to the bank. If there are other ways to resolve the conflict, you can use them. For example, get a deferment, restructure a loan. But all these changes should not only be verbal. The bank must make changes to the loan agreement itself, adding all the new nuances of the agreement with the borrower. The new document must be signed by the responsible person, and a stamp must also be placed on it.

How long does litigation take?

When a case is brought to court, the entire process takes place in accordance with the Code of Civil Procedure of the Russian Federation. The law defines not only the procedure, but also the period for consideration of the case. This usually takes no more than 40 weeks. Due to the overload of the courts, such a case may even drag on for 9 months.

The time it takes to consider a case can be shortened if you hire a competent lawyer to protect your interests. You can, on the contrary, stretch out this time.

Alfa-Bank sued me - what should I do?

In order not to wait in despair for the bank to sue or forgive the debt, it is better for the borrower to prepare for the legal process in advance. Moreover, you need to be prepared for any possible consequences.

To increase the likelihood of winning the case, you should collect a package necessary documents. They will help you defend your case. To submit to the court you will need the following documents:

• loan agreement concluded with Alfa-Bank;
• receipts confirming that the borrower made payments to repay the debt to the bank (you can simply obtain a statement from the bank, which displays information about what debt the client has, when and in what amount the payments were made);
• official information that would confirm that financial position the client’s deterioration has significantly worsened, which became the reason for the impossibility of repaying the loan (this could be a work record book with a record of dismissal from work, a certificate of income in Form 2-NDFL, which proves that income has actually decreased);
• if you have dependent children, you need to prepare their birth certificates (by the way, the birth of a child may become the basis for obtaining a deferment from the bank, for this you just need to contact a loan specialist and outline the current situation);
• payment documents confirming payment for training;
• copies of all documents that the client provided to the court.

A person may wonder why all these papers are needed? They can become the very reason that would explain late payments. A sharp decline in income will become the main reason for the court to take the position of the borrower, and not the bank.

The main thing a person needs to do in court is to prove his insolvency for reasons beyond his control.

But even the presence of an evidence base does not mean that the client’s debt will be forgiven. In 9 out of 10 cases, the court still takes the side of the bank. Of course, many payments are written off (fines, penalties), but the bulk of the debt almost always remains.

How long will it take to receive notification from the court?

It is impossible to answer this question with certainty. After all, each bank decides whether to go to court independently. Some sound the alarm after just a few months, while others begin to act only after a year.

If we are talking about mortgage lending, then banks go to court after about 3-6 months. This speed is largely due to the presence of collateral, which the financial institution will subsequently be able to sell and return its money.

Repayment of loans allocated for the purchase of cars occurs no earlier than after 4 months. Sometimes the waiting period for banks can reach 1 year.

In order not to be afraid and not to shake, it is better to try to contact the bank yourself, talk about the circumstances, presenting all the necessary evidence. Surely the financial institution will accommodate you halfway.

Sometimes people manage to wait until the deadline expires limitation period on a loan. True, there is very little hope for such an outcome.

Another very popular type of lending among Russians is a consumer loan. Here the following factors immediately influence the speed of circulation:

• amount of debt;
• bank;
• debtor's behavior;
• availability of loan collateral.

Alfa-Bank goes to court for such loans after about 3-5 months after the start of the formation of overdue debt. In some cases, this value can reach more than 1 year.

How to behave to win against the bank?

If the bank has already filed a lawsuit against the debtor, then the person must choose for himself a strategy according to which he will act. There are several options here:

1. Complete refusal to participate in the trial. Taking this position, the debtor must understand that it will be almost impossible to win the case in this case. Uncompromising will become a negative factor.
2. Active participation in court, close preparation for the trial. This will at least reduce the size of fines. During the hearing, you can achieve the most convenient debt repayment schedule. And if it is proven that the bank’s actions were illegal, then the case can be won.

If a person is really determined to win the case, or rather to minimize the amount that he will owe to the bank, he must adhere to the following position:

• We need to act as openly as possible. If you have any questions, you should ask them to credit specialists, consult a lawyer, and under no circumstances avoid communication.
• It is worth seeking advice from a lawyer.
• All supporting documents must be prepared. Even if the arguments may seem insignificant to the person himself, the court can take them into account. Even long-term treatment can have a positive effect on the final decision.
• All checks and receipts must be kept and home records must be kept. This will prove that the borrower stopped fulfilling his obligations for objective reasons that were practically independent of him.
• Any appeal to the bank must be documented. The bank refused to restructure? Be sure to keep a copy of the confirmation note on the application for admission and attach the bank’s response to it.
• When changing the amount of income, you must refer to the Civil Code of the Russian Federation, namely Article 451. Before the court, you should carefully study all the information in order to protect yourself.

1. The Alfa Bank loan is overdue for more than 90 days. Every month I paid an incomplete amount of the next loan payment in arrears, but the bank was not satisfied with this, they sent me a travel collection specialist from Alfa Bank. When I met him, he announced to me that I needed to pay 30% of the entire loan amount, I explained to him that due to financial problems, I deposited as much money as I could into the bank (2-5 thousand every month) and the main debt to the bank I have only 10,000, and that I will deposit the bank next weekend to pay off the debt with interest and make the next loan payment, to which he replied that I must deposit 30,000 and every day the debt will only grow if I do not pay this amount. He is a representative from the bank who will come to me constantly and also disturb the neighbors. WHAT SHOULD I DO IN THIS SITUATION AND WHAT ARE MY NEXT ACTIONS? Thanks for the answer.

Law firm Line of Protection, 363 answers, 129 reviews, on the site since 04/06/2004
1.1. Write a statement against the bank representative to the police, and send the bank representative... to the court.

2. To clarify the circumstances of what happened, I will outline the situation.
I was approved for a credit card from Alfa-Bank JSC about a year ago (I don’t remember the exact date). During all this time, I used the credit card in good faith, avoiding late payments, and the limit was increased twice.
In August of this year, the card was seized by bailiffs, as a result of which the use of the card became impossible. At the time of the arrest, the debt on the card amounted to approximately seven and a half thousand (again, I don’t remember the exact amount). I decided to pay off the debt, for which I went to the Credit and Cash Office of Alfa Bank JSC. I voiced to the operating room employee my intentions to close the card debt to the bank. I was issued (if I'm not mistaken) a receipt cash document, on the basis of which they were introduced cash to the bank's cash desk. Absolutely confident that I no longer had any obligations to the bank, I went home.
After a while I went into my Personal Area and discovered that she owed the bank 20 kopecks and interest had already accrued in the region of 1,500 rubles. After that, I called the hotline and the operator filed a claim, the essence of which was that it was not my fault that the operator entered the amount incorrectly. The answer to which is as follows: Dear EVDOKIMOVA OLGA VALERIEVNA,
The bank decided to reimburse the accrued interest.
To carry out corrective measures, you need to resolve the issue of lifting the arrest on the account imposed on the basis of the Resolution of the bailiff.

After the restrictions are lifted, you need to repay the underpaid principal amount of 0.20 rubles and notify the Bank in a response letter.
Unfortunately, if there is a seizure on the account, compensation from the Bank is not possible.
We sincerely apologize for the inconvenience caused.
We hope for your understanding and further cooperation.
Sincerely,
JSC "Alfa-Bank"
After which I went to the bank again and paid off the principal amount - 20 kopecks.
And now the situation has developed that I cannot pay off the debt to the bailiffs, because... I am a guarantor, the main debtor promises to repay the debt, but without specifying a period. That is, accordingly, I do not know when the arrest will be lifted.
But then it turns out that the bank also cannot do anything until the arrest is lifted.
And will interest accrue all this time? Today the amount of debt is already approximately three thousand.
I would like the bank to take some action to level out this situation, because... The bank employee is to blame for what happened, but not me. For example, freeze or suspend the accrual of interest (I don’t know what mechanisms can be used in this case). I don’t believe that the bank cannot take any action to write off interest before the bailiffs remove the seizure from the card.
A call to the hotline did not help, nor did a visit to a bank branch; they said that the arrest must first be lifted, otherwise the bank cannot take any action. I also don’t know where to turn yet, because... I called the hotline and was at the bank office. I wrote an email to the bank, but so far there is no response.
Dear lawyers, tell me what to do. Thanks in advance.

Lawyer Saurov E. O., 4515 answers, 2331 reviews, on the site from 10/08/2017
2.1. Olga! Nobody will read this footcloth. You DO NOT have a QUESTION, but a legal situation. Contact a lawyer individually with your order!

3. There was a cash loan and 2 credit cards in one bank (Alfa Bank). After the decline wages At work there was no way to repay, it became overdue. The bank offered to refinance the debt. I agreed, but the monthly payment amount is still very high. In the near future there will be nothing to pay for both the apartment and the loan. I would like to know how bankruptcy is filed and its consequences. Or it still costs something through the courts. The debt with interest is 425,000. Monthly payment is 9,400 for 7 years. The property has neither an apartment nor a car. Only phone and laptop. I live on rented apartment(11000-12000 per month). I'm officially working. The salary is official (approximately 17,400 after deduction). What to do in this case?

Lawyer Sysuev A.A., 3997 answers, 2749 reviews, on the site from 11/21/2013
3.1. Greetings.
The thing is that restructuring usually does not improve the debtor's position.
The loan repayment period increases, and monthly payment decreases, but not by much.
But bankruptcy is a real way out of the situation.

Lawyer Kovresov-Kokhan K.N., 11275 answers, 5008 reviews, on the site from 03/17/2019
3.2. Question about bankruptcy. Time for bankruptcy is 10-12 months, costs on average are 150,000 within 10-12 months. Debts will remain only for alimony and the like. Before making this decision, you need to compare several law firms on the subject: what they offer and under what conditions, what is the amount and whether there are hidden fees.

Lawyer Soldat S.V., 3997 answers, 2687 reviews, on the site from 01/22/2018
3.3. Hello Maria! I recommend reading the following articles:

"How to win a lawsuit against a bank over a loan"

"How to win a lawsuit against a bank over a loan - a case for 5.6 million rubles."

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

Lawyer E. S. Demeneva, 1637 answers, 769 reviews, on the site from 08/09/2018
3.4. Maria, hello.
1. Refinancing is not an option. But bankruptcy really works - as a result of bankruptcy, debts are written off.
2. No one will take your laptop and phone from you during bankruptcy.
3. Lack of a car and apartment is undoubtedly a plus for bankruptcy.
4. To go through the bankruptcy procedure, you need to find an arbitration (financial) manager.
Bankruptcy agencies, lawyers and attorneys will not help you get rid of your debts. Bankruptcy is carried out in the Arbitration Court with the mandatory participation of an arbitration (financial) manager. It is more rational and cheaper to immediately contact the arbitration manager (personally or through his assistants) than to overpay to firms or lawyers who can only act as an intermediary between you and the arbitration manager.
You can contact any arbitration manager in Russia. Whose experience and cost of services suits you? The residence of the debtor and the manager in different regions does not interfere in any way with the bankruptcy procedure. So, the arbitration manager, whose assistant I am, works with the regions, and we don’t have any problems because of this.
After you find a financial manager, file a bankruptcy petition with the Arbitration Court.

4. There is a court decision dated September 25, 2012, denying Alfa Bank’s claim to collect overdue debt on a 2007 loan. The court's decision is based on the expiration of the statute of limitations and the provision of all receipts for loan payments. Today in credit history reflects the overdue debt and the unpaid balance on this loan. Alfa Bank posted information about the arrears and debt to the credit history bureau after the court decision to reject the claim. Collectors call periodically. All banks refuse to obtain a loan due to bad credit history. How to fix the situation.

Lawyer Mingazov Yu.S., 47110 answers, 14033 reviews, on the site since December 24, 2009
4.1. Possibly in court.

Lawyer Volkova I. Yu., 2982 answers, 1478 reviews, on the site from 10/16/2015
8.2. Hello, Egor, if there is no money to pay the full monthly payment, then it is better not to pay at all, since the money paid will go towards paying penalties, and the debt will not decrease. Wait for the trial.
If the loan was taken out during marriage, then you have the right to go to court and share the responsibilities for paying it with your ex-wife.
Good luck!

Lawyer Bubnova S.B., 1710 answers, 1104 reviews, on the site from 09/16/2014
8.3. Good afternoon
Firstly, you have the right to share the debt in court with your spouse.
Secondly, if you are not able to make payments according to the Schedule, then do not pay at all! Because if the debt is not repaid in full, it will be considered that you are improperly fulfilling your obligations, and the amount will not go towards repaying the principal debt, but towards interest!
Thirdly, DON'T TAKE new loan to repay the existing one, because In any case, this will be an unprofitable offer for you.
Fourthly, the best outcome in this situation is to wait for the court’s decision to collect the debt. In court, you have the right to request a reduction in the amount of penalties under Article 333 of the Civil Code of the Russian Federation.
The amount of deductions will be up to 50% of income.
Fourthly, do not pay attention to the so-called. collectors! At this stage, they always act this way, because the person is in a stressful situation and cannot adequately assess the situation!
Good luck resolving the issue!

Lawyer Prokofiev O. A., 71 answers, 29 reviews, on the site from 12/11/2016
12.3. What do you mean closed the card? What payments were made to repay the loan?

Also, keep in mind that today there are many ways in which you can legally get rid of loan obligations or at least make it impossible to collect the debt under the loan agreement. These include termination of a 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 enslaving (clause 3 of Article 179 of the Civil Code of the Russian Federation), bankruptcy individuals and the end of enforcement proceedings on the grounds of Art. 46 ZF "On enforcement proceedings" To understand your situation directly, you need to see documents that can be sent electronically.

With respect, lawyer in Volgograd - Stepanov Vadim Igorevich.

19. I have late payments on my Alpha Bank credit card. The bank handed over the documents to Sentinel for collection full amount credit cards for 42,000₽ in a one-time payment. I don't refuse to pay, but this moment I just got a job after maternity leave and have 2 dependent children. Is it possible to somehow split the payment into several parts or defer payment? Thank you.

Lawyer Sursky N.A., 1373 answers, 800 reviews, on the site from 12/13/2017
19.1. As soon as you became an insolvent client, you should have immediately informed the bank manager about this and reached a compromise. Now try to do this and ask for conditions favorable to you in repaying the debt.

20. In August 2012, Alfa Bank started calling me with an offer of a cash loan at 13%. At that time, I was working and I didn’t need the money. But they persistently offered and I agreed for the reason that a close relative needed money for registration mortgage loan. We issued 59,500 rubles, which included insurance of 3,000 rubles for 2 years. I asked twice about the percentage, whether it was really 13. The bank employees simultaneously confirmed this. The money was credited to the card and I gave the documents to a relative. But that's not the point. The fact is that the percentage turned out to be much higher - 38%, I found out about this only when a relative brought me documents, having paid for a year. It turned out to be a scam with the mortgage and only a small part of the money was returned. (We sorted this out among ourselves.) I called the bank about the increased percentage, they informed me that they would look into it and answer me. I did not agree with their deception! I believe that they deliberately misled me, using their official position to drag me into lending without telling the whole truth! Now you will say, you should have read it carefully, but I agree with you, but at that time it was still assumed that everything was happening honestly, especially since it was a well-known bank, and I didn’t think that I would encounter lies and of course I signed everything that they planted on me . The only thing they explained to me was that it was necessary to take out insurance. I never received an answer, so the loan payment was suspended and the loan became overdue. Of course, I was worried, but they were silent and everything dragged on. Then there was aggressive advertising that banks do not have licenses to issue loans and do not need to pay them, and they do not sue because of this. I calmed down a little, but I understood that this would not end well. In 2017 and 2018, I began to deposit 150 to 200 rubles into their account, so that I was supposedly the payer. In 2018 they put me out court order, which I canceled due to my disagreement with the above. Some time later, I received a call from the World Court that a claim had been filed against me for an overdue loan. I understand perfectly well that I need to pay, but now I am in a different situation, I only receive a pension, I do not work part-time, I am 64 years old and I am not able to pay the claim in the amount of 44345-77. The trial is scheduled for October 15, 2018. The case was transferred to Ruskollektor and a claim was filed on behalf of Alfa Bank.
Based on the above, I want to ask if I can somehow challenge this and how, I mean%, and if I can ask them to reduce the amount by buying out the debt by 10 or 20%. Such services are offered by PravovedSiberia and Getting rid of debts in a legal way? Is this really legal or is it just another scam for us low-income pensioners? IN statement of claim they write about 13%, i.e. We are not talking about 38%, but precisely 13%! but if you calculate by calculation: 59500 x 1.13% = 67235:24 = 2801-46.. In my case: 59500 x 1.38% = 82110:24 = 3421-25, which is what was indicated during registration, that the monthly payment is 3421 rubles. This was kept silent, and I think intentionally.

Lawyer Romanov A. A., 726 answers, 575 reviews, on the site from 04/04/2018
20.1. Hello. Don't be afraid of anything or anyone. Start the fight - file complaints against the bank with all supervisory authorities and also write to the bank an application for recalculation of the debt in connection with consumer deception. After receiving a response from the bank, file a claim in court for the provision of information (full and accurate calculation of the debt), and then file a claim for termination of the contract.

Lawyer Ternovykh I.A., 22807 answers, 6377 reviews, on the site from 06/23/2014
20.2. The services of so-called “anti-collectors” for debt relief are in most cases unfounded and untrue.
To consider possible prospects for resolving this situation in the most beneficial way for you, contact a lawyer individually.
It is necessary to familiarize yourself with the available documentation and the status of the loan (credit) agreement.

29. Son died. Found it on him credit card Alfa Bank for 150 thousand rubles. I contacted the Bank with a death statement. The bank assured that the loan was insured by collective insurance Alfa Insurance Life and recommended contacting the insurance company, which I immediately did, reporting insured event in writing to the address of the insurance organization, since when applying, insurance was not found. Having received a response from the insurance company, in which they wrote to me that the insurance was canceled because payment had not been made specified by the contract term. But the expiration date at the time of death did not occur, there was no overdue loan, the funds remained on the card - therefore a rather strange answer. While I was dealing with the insurance company, they charged 20 thousand interest for a month of delay. I did not enter into inheritance rights, since my son is registered in another region, in the apartment where my mother lives. Mom began to receive letters weekly with accrual of interest and notification of the obligations of the assignee to repay this loan. In order not to upset an elderly, sick person, I decided not to wait until the moment of travel to register the inheritance, and I was only going to do it in a month, I came to the department, wrote a repayment application and paid the entire amount with interest. The Bank assured me that the money was in the account and the loan would be closed within 24 hours. But a week later a letter arrived again with five thousand percent (five thousand every week). I contacted the Bank, they replied that the money for repayment would not be received and now it is in the account, and I can only pick it up after accepting the inheritance in six months, having paid a fee. And on the plus side, I have to repay the loan with crazy interest that will accumulate by then. On hotline They just laughed at me. They said that no one forced me to take money to the Bank. And that these are my problems. I am shocked by such fraud and speculation on my grief. They continue to send letters to my mother and undermine her health.

Lawyer Kriukhin N.V., 157614 answers, 69087 reviews, on the site from 07/14/2011
29.1. Hello.
If the inheritance was not accepted, then you are not obligated to pay the loan. You shouldn't have paid. Now you need to file a claim against the bank for unjust enrichment.

30. Alpha Bank has been overdue since 2016. Got a job. Salary project through the same bank. There was no trial. The bailiffs have no information on their website. The bank found me using the new number indicated by the employer and demands that I pay the debt with interest of 72 thousand as soon as possible, but they charged 56 thousand. Please tell me, will they write off my entire salary? What am I supposed to do. Work is normal.

Lawyer Zubov A. O., 34 replies, 24 reviews, on the site from 03/24/2018
30.1. Perhaps the bank will recover from you through the court. In this case, for a complete answer, it is necessary to analyze your agreement with the bank. It is also possible to get the bank to provide a deferment on payments; in this case, a competent approach to negotiations with the bank is necessary so that the matter does not go to court.
Send all documents to me by email.
I'll take a look. I will definitely answer.

I worked at Alfa Bank loan specialist. I was drawn to take out a loan myself, I was young and stupid. Offered at preferential terms, for employees with a rate of 14.9% per annum. I asked for 200 thousand rubles for the car, but they approved 170 thousand. I took the car. I paid regularly, they issued a credit card on preferential terms... 35,000 rubles. I didn’t need it, but the temptation overpowered me... And I wanted to change my job, because... I couldn't deceive people anymore. I left Alpha.

For three months I could not find a job. I live alone, I’m 22 years old, I had to use a credit card, sell my car and buy an ancient foreign car so that I could pay off part of the debt.

So, living from ruble to ruble, he lived and pulled this burden, then found a job, while he completed his medical record, etc. there was nothing to pay, there were arrears and debts. I worked for a month, waited for my salary, and thought: I’ll leave a couple of thousand for living, and the rest will be used as a loan. I go to the ATM - there is no money, I call the Bank. Salary card blocked, all money goes to the loan account, having paid the overdue payments and returned to the payment schedule, you will be able to receive a salary, the accumulation of interest will be suspended. At first I freaked out and went to the Department of Economic Crimes, where they told me that they have no right, even by a court decision, a maximum of 50% of the salary is subject to arrest, but at least living wage you have to leave it. I think, okay, I’ll get back on schedule and everything will be normal.

There were 3 thousand left overdue and 5990 for the next payment.

The next month, 20 thousand were written off again. I called, and they said to me: “Sergey, they couldn’t tell you this, you are a debtor, you are in arrears, the bank is going to make a demand for full repayment debt." They agreed that the interest would stop and I would receive a salary starting next month. But this never happened. And so from March to June.

Then he quit his job, defended his diploma, passed the state tests, and received a diploma of higher education.
And a pre-trial claim comes, where they state that the bank made a demand for full repayment of the debt in the amount of 143 thousand, together with a credit card, money from 4 months of salary, a total of about 60 thousand rubles, went almost nowhere, to pay off fines and penalties. They filed a lawsuit against me with a statement that I had not made payments for 178 days.
Here is proof from Alpha Click that about a month has passed since the date of the last entry:
http://s019.radikal.ru/i619/1307/30/44d5b6cc9983.png
It's clear that last payment was 06/27/2013.

The answering machine rang and threatened me in the voice of the Terminator. In the letters they write that I evade payments, do not answer the phone, in response to this I have evidence and recorded conversations, both with bank employees and with the “Terminator” who threatens.

They go to court. Well, let them serve, I also have something to say... I did not initiate any cases regarding the threats; I also turned a blind eye to the fact that they wrote off 100% of my salary. I ate Chinese noodles for 4 months in the hope that my salary would come from next month. Police officers I knew said that there was no point in writing a statement, there were such lawyers there that you couldn’t prove anything. And I don’t have a lawyer, am I now nothing at all? And I don’t have any rights?
I am writing to ask for help from the community and the site administration, because today was the last straw. My mother calls, cries, and says that the entire entrance is covered in writing and leaflets are posted. Written with the words “neighbors, help raise money for debtors Sergei Sadovnikov and his unlucky mother from apartment 63.” It’s not clear how my mother was hurt, my mother knows about my problems, but she can’t help in any way, since she is alone with 2 minor daughters.
And leaflets of this nature:
http://s61.radikal.ru/i173/1307/79/606dd7a0fb52.jpg
http://s017.radikal.ru/i432/1307/88/eff9f44a7b7b.jpg

I understand that I am guilty, I do not shirk, I have paid and am paying fines and penalties for violating my obligations. But who gave them the right to damage the Elevator (it was written in the elevator with a marker), to call me and my mother a rat... On what basis? Where to contact? ATC? OBEP? Prosecutor's office? Tell.

I hope that this review will find answers to the questions posed in it. And it will save other people from loans from this bank! Thank you in advance.

When applying for a loan, some borrowers accidentally or deliberately skip the section of the loan agreement that talks about penalties for late repayment of the debt. Many people think that this will not affect them, and they have no need for extra information. That is why inattentive bank clients are always surprised to discover that instead of the obligatory payment, for example, 1000 rubles, they are already demanding 1500. It turns out that the bank has charged a penalty for a small delay in payment. How legal are such actions of the creditor, how is the amount of the penalty calculated, and is there a chance to avoid paying fines? We will try to answer all these questions in this article.

The legality of accruing penalties and fines for late payment on a loan and the procedure for their calculation

Delinquency on a loan is considered to be a deviation from the established loan payment schedule. Even if you are late for only 1 day, financiers will demand that you pay a penalty. According to Art. 330, paragraph 1. Civil Code In the Russian Federation, penalties mean fines and penalties:

• A fine is a one-time penalty that is applied once, but for each delay. For example, if the fine is 100 rubles, and you have not paid the loan for 3 months, be prepared to pay an additional fine of 300 rubles.
• The penalty is calculated based on the period during which you delay payment. If the delay is large, the penalty may exceed the amount of accrued interest.

Please note that a penalty cannot be charged on the unpaid amount of the penalty.

According to Art. 395 of the Civil Code of the Russian Federation, the amount of penalties is calculated based on 1/360 of the refinancing rate - currently it is 8.25% per annum - for each day of delay (0.0229%).

Let's consider an example of calculating a penalty based on the amount of penalties established by the Civil Code of the Russian Federation. Suppose you took out a loan in the amount of 300 thousand rubles at 21.5% per annum and for 48 months; your annuity payment equal to 9,370 rubles per month. You have not made 2 payments and are 40 days overdue. Then the penalty amount will be 107.28 rubles:

1. 9,370 * 30 * 0.0229 / 100 = 64.37 (rub.) – the amount of penalties accrued for the delay of one scheduled payment for 1 month.
2. (9370 + 9370) * 10 * 0.0229 / 100 = 42.91 (rub.) – the amount of penalties accrued for late payments for 2 scheduled payments for 10 days of the second month.
3. 64.37 + 42.91 = 107.28 (rub.) – the amount of the penalty for 40 days.

It is quite obvious that the bank is not satisfied with such a small penalty. This is why financiers use clause 2 of Art. 332 of the Civil Code of the Russian Federation, which states that the amount of the penalty can be increased by agreement of the parties. In other words, having written in loan agreement If the amount of penalties and fines is greater than 1/360 of the Central Bank refinancing rate, the credit institution can legally charge you a penalty in the amount specified in the agreement.

You can resist too “greedy” banks: according to Art. 333 of the Civil Code of the Russian Federation, if the penalty payable is clearly disproportionate to the consequences of violation of the obligation, the court has the right to reduce the penalty. That is, if the case goes to court, the judge has the right to recognize the accrued amount of the penalty as inflated and refuse to satisfy the bank’s claim to the borrower regarding its repayment. Such cases are known in judicial practice Russia, therefore financiers strive not to abuse their capabilities.

We will tell you in more detail about the average amounts of fines and penalties found in our country.

Amount of penalties in Russian banks

We have already looked at an example with a loan of 300 thousand rubles at 21.5% per annum and a monthly payment of 9,370 rubles. Let’s try to use it to calculate the amount of penalties in 3 Russian banks - Sberbank, Alfa-Bank and VTB 24, provided that interest rate and the annuity payment are the same everywhere, and taking into account the real penalties of banks (as of 2013):

• Sberbank sets a fee for violation of obligations in the amount of 0.5% per day of the amount of overdue debt. That is, for 40 days of delay you would pay 2,342.5 rubles.
• Alfa-Bank charges 2% per day of the amount of overdue debt. That is, if you missed 2 scheduled payments and with a total period of delay of 40 days, you would pay a penalty in the amount of 9,370 rubles (in fact, another scheduled payment).
• VTB 24 charges 0.6% per day of the amount of overdue debt. In total, a delay of 40 days will cost you 2,811 rubles.

Comparing the obtained figures with the one we calculated on a general basis - 107.28 rubles, one can understand why banks ignore the amount of the penalty proposed by the Civil Code of the Russian Federation, determined based on the refinancing rate. Next, we will look at what other options for calculating fines and penalties banks use.

Main types of fines

There are 4 main forms of fines:

• A fine in the form of a percentage of the debt amount, accrued for each day of delay. Most often, and we saw this in the example of 3 banks, credit organizations This option is used.
• Fixed fines in monetary terms. For example, 500 rubles for each delay.
• Fixed fines with increasing total. For example, the first delay is 500 rubles, the second is 600, the third and subsequent ones are 800 rubles.
• A fine in the form of a percentage of the loan balance, accrued for each day of delay or once a month. It is practically not found in Russia. That is, if the debt balance is 100,000 rubles and the overdue scheduled payment is 3,000 rubles, you may be required to pay a fine in the amount of, for example, 2% of the balance amount (2,000 rubles).

Some banks use combined methods: for example, they charge a penalty of 0.2 - 1% per day of the debt amount and a monthly fixed fine. In addition to penalties, lenders use other methods of pressuring borrowers to collect debt. About them - in more detail.

Actions of the bank in case of late payment on the loan

As for collectors, whose work we will describe in detail in the next article, they accept borrowers’ cases no earlier than 2-3 months after the first delay. Of course, the procedure for working with these organizations in each bank is established individually, but still, at first, creditors try to force the client to repay the debt on their own, for this:

• send him SMS messages;
• they call (calls can start within a few days from the moment the delay occurs, or maybe even after a month);
• write letters;
• invite the debtor to a meeting.

The natural desire of every debtor is to reduce their obligations to pay fines. How realistic is this in modern conditions, as well as about the so-called “ technical delays"We will tell you in more detail.

Is it possible to reduce the amount of fines and penalties?

Not long ago, politicians announced their intention to introduce the bill “On consumer credit» changes, establishing a fixed amount of the penalty for late loans - 0.05–0.1% of the debt amount for each day of delay. If this amendment is adopted, banks will have to significantly revise their tariffs (currently the average penalty in the country ranges from 0.2 to 1% of the debt amount per day).

You can also try to reduce the amount of the penalty in court, if it comes to that. Typically, debts are repaid in the following order: first, fines and penalties are paid, then interest, and finally the principal debt. Each borrower has the right to explain to the judge the reason for the debt and ask either for the cancellation of penalties or for their reduction. You can also ask to reconsider the procedure for repaying the debt: first close the loan body and interest, and pay off the penalty according to the residual principle.

We can’t help but mention technical delays. For example, when repaying a loan through a terminal, the borrower may not take into account that the money does not immediately appear in the account, but after 1-7 days. The same situation applies to weekends: unless otherwise specified in the contract, then if the planned loan repayment date falls on a weekend, the payment should be made the day before.

By remembering these little things and sticking to your schedule, you will save yourself from having to pay large amounts of penalties and explain to future creditors why there is delinquency on your credit history.

Don't be late on your Alfa Bank credit card!

We are all human and it often happens that we forget to pay the loan. It seems like they shouldn’t do it with so many, but it happens. In the case of a loan, you will simply incur penalties, but with an Alfa Bank credit card, problems may begin.

Late minimum payment on Alfa Bank credit card

If it so happens that you are overdue minimum payment on an Alfa Bank credit card, then quickly look for money because your interest-free (grace) period has expired. What if Grace period has already passed, but the debt remains? Read the next chapter

Overdue minimum payment by Alfa-Bank credit card

What if the grace period has passed and the debt remains?

Here's what can happen when the credit card grace period ends:

What to do if the interest-free period on your credit card has expired?

Then you will have to look for funds to replenish it. Because if you are not officially employed, then most likely you have a high interest rate on your credit card. Accordingly, large overpayments.

What's the result?

But in the end it turns out that you need to be careful and always monitor when and how much you need to put on your funds.

Be happy, healthy and don't forget about payments. The author of the blog “Credit Bum” alex_d was with you