Problem: Missed a credit card payment. The bank filed a lawsuit to collect the debt.

Objective: Reduce the amount of debt as much as possible, or better yet, pay nothing at all.

Solution: The bank includes in the agreement (and takes money from you for it) a great many illegal commissions and payments. We recognize as illegal:. debt repayment procedure, cash withdrawal fee, card servicing fee, fee for obtaining information about the status of the debt, insurance fee.

A credit card is extremely convenient and can help you out in difficult times. However, miss a few payments, for any reason, and you end up in debt. We were contacted by a client who was in exactly this situation - due to illness, he left his job, there was nothing to pay, the debt grew at an avalanche speed, and, finally, the bank sued him.

The bank's statement of claim is laconic: there is a loan agreement, there is a debt, the debtor does not pay - we ask the court to collect it.

We study the documents, the hair is moving, every action of the debtor is a new commission.

What we have:

1. All banks (and ours is no exception) establish their own procedure for repaying debt - first fines, penalties, interest, and then the principal debt. This approach is illegal. Article 319 of the Civil Code of the Russian Federation establishes that amount of payment made, insufficient for execution monetary obligation in full, in the absence of another agreement, repays, first of all, the creditor’s costs for obtaining performance, then interest, and the remaining part - the principal amount of the debt.
2. Bank illegally withholds cash withdrawal fee. Judicial practice on this issue is contradictory. We managed to convince the court that issuing cash on a loan is not an independent service of the bank, but is an integral part of the bank’s fulfillment of its obligations under the loan agreement, without which the borrower simply cannot use the funds and, in turn, begin to fulfill obligations to timely return the amount of money to the bank with the payment of interest on it.
3. card service fees. We proved to the court that the provision and servicing of a card is not an independent type banking operations, since the card is a means of carrying out transactions by its holder within the framework of a bank account agreement.
4. The bank illegally withheld from the Plaintiff commission for the Alfa-Chek service. Everything is simple here - in the lending agreement, our Client did not give consent to the provision of this service, however, the bank connected it independently and took money for it, which means he violated the law.
5. The Bank illegally withheld from the Client commission for obtaining information about the status of debt to the Bank. The court agreed with our arguments that the right to receive this information cannot be conditioned by the need to pay a fee.
6. The Bank illegally withheld from the Client commissions for organizing insurance. As in paragraph 4, the Client did not give consent to insurance, which means the bank took the money from him illegally.

In the end, We made our own calculation of the Client’s debt to the bank, without taking into account all illegal commissions and payments and in accordance with Article 319 of the Civil Code of the Russian Federation - and, lo and behold, it turns out that it is not the Client who owes the bank, but the bank to the client!

Our lawyers have prepared a counterclaim:

The bank fought back, but the court sided with us. What we received was that the Client was charged approximately 10% of initial requirements bank, from the bank in favor of the Client - everything declared by us in the counter statement of claim amount plus a fine for 50% of it. The case is won. The client is satisfied.

After the court decision entered into force, we received performance list, took it to the bank, and the Client received his money.

We have a foreclosure notice ahead of us. legal expenses, which means that the Client will additionally receive from the negligent bank the money that was paid to Us for the provision of legal services.

P.S. It is important to note that each loan agreement is individual; all it takes is one “tick” you put in the wrong place, and you will no longer be able to prove the illegality of the bank’s actions. Contact FYR “Time of Law”, our lawyers will study your documents and prepare a legal opinion on the prospects of litigation with the bank, draw up all the necessary procedural documents, and will be happy to represent your interests in court.

P.P.S. Be careful when signing any documents at the bank, read absolutely everything, even the smallest print, request for review everything that is referenced in the document you are signing. Be on the lookout!

Unfortunately, even the approximate payer is not insured against a situation where a loan taken from a bank cannot be repaid. Bankruptcy of the employing company, serious illness, unexpected dismissal and other force majeure events can unsettle anyone. To help bank clients who have joined the category of persistent defaulters and even managed to receive a subpoena, we have collected frequently asked questions that will help them navigate the current situation and act wisely.

What to do if the bank sues for non-payment of a loan?

If the bank has sued you for, under no circumstances should you despair, because there are no hopeless situations! Also, under no circumstances should you hide from the creditor. After all, the situation is when banking organization files a lawsuit is a turning point, since after the court makes a decision, it will no longer be the security service that will work with the defaulter financial organization, A bailiffs, for whom confiscation of the debtor’s property is common practice. Therefore, having received the summons, you need to concentrate and find out where and when the hearing will take place, what kind of claims the bank has against you, what the size of the debt is and other nuances. This approach will clarify the situation and ensure reliable protection of one’s own interests.

How can I find out where and when the meeting will take place?

If you have received a subpoena from the court, then there will be no problems obtaining this information. This paper will clearly indicate the date and time when you need to appear in court. In the absence of a summons, information about the time and date can be found on the official website of the judicial authorities. As a rule, the meeting schedule is publicly available. However, it also happens that the defaulter may find out about the scheduled meeting after a call from the court office. Accordingly, all the nuances can be clarified with the office employee who called to give a warning.

Having received the summons, you will also need to find information as soon as possible about what specific claims the bank has made against you. All this data can be obtained from the court office, where materials on each case under consideration are located. To gain access to the documents, you will have to present your passport and fill out an application. Your appearance in the office will not affect the results of the hearing in any way, so there will be no need to conceal your appearance or formalize a request. If you plan to seek help from a lawyer, take photographs of the documents. This will help the specialist make the right decision and adequately represent your interests in court.

How to prepare for a court hearing?

It is immediately worth noting that often after making a decision, bailiffs proceed to almost immediately seize the debt of the property at the disposal of the negligent client. Your home may be confiscated vehicle and other valuables, the cost of which can easily cover the size of the debt. Therefore, in order not to be left empty-handed and without a roof over your head, it is better to seek help in advance from a lawyer who provides support to clients in such situations. After all, in court, the interests of the bank will be defended by an experienced specialist, whom it is simply impossible to defeat in the absence of legal knowledge. The lawyer will familiarize himself with the circumstances, develop a position for the defendant and an overall defense strategy, and also give advice regarding collection additional documents which will be able to play in your favor during the meeting. You will have to pay for the services of a lawyer, however, with this approach you can count on the safety of property and easing the terms of debt repayment.

If you have no desire or opportunity to hire a lawyer, you yourself can prepare legally valid objections to the bank’s claims. You can also propose to the court your own developed debt repayment schedule with a detailed indication of the amount. And remember! Pityful stories that are not supported by legal grounds will have the opposite effect!

How is the trial going?

The financial structure trial proceeds in the same way as a regular civil hearing. As a rule, the beginning of the consideration of the case is a preliminary hearing, which does not take much time and is not decisive. For this reason, you can go to this event without any specific preparation.

The second and at the same time important stage is the main hearing, during which several hearings may be scheduled. You can no longer come here without preparation and protection, since this stage will decide your future. The main hearing may be postponed due to failure to comply with all the conditions necessary for the commencement of the process. The duration of each separate meeting can range from 10 minutes to several hours (everything will depend on the circumstances and degree of complexity of the case). Therefore, you and the lawyer will have to appear in court about 3-5 times. After the main hearing is completed, the court will make a decision, which will be enforced by the enforcement agencies.

What will happen to the debtor after the trial is completed?

In essence, the court's decision is final. Of course, you can file an appeal, but, as practice shows, filing an appeal will not change anything, but will only delay time. Such a step will be beneficial only for those debtors who, for certain reasons, want to stall for time. Filing an appeal will allow you to win about 2 months, but no more. Often, after a review of the case, the decision made during the first hearing is confirmed.

After the court makes a final decision, the defendant is not recommended to transfer the property to relatives or sell it, since transactions made during this period of time can be easily challenged, and you can be accused of fraud.

Often, if the confiscated property is not enough to cover the amount of the debt, the bailiffs turn to the employer, after which part of the debtor’s salary will be transferred to the account of the bank that issued the loan.

Once you receive a summons, don’t bury your head in the sand! Timely measures taken in this case will be the best salvation for the debtor!

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Currently, most of the population in Russia takes out loans. People who live without loans are less common than those who have loan obligations. Rosgosstrakh Bank can also act as a lender.

Often, these are loans for various needs of the population and the amount of the loan taken varies depending on the desires and needs of the borrower. The main thing for the borrower is to get a loan, and the last thing the borrower thinks about is what methods and means he will repay it later.

After all, it always seems that “now I can give a certain amount from my salary, and then, when the time comes, I’ll think about it”

There are so-called bona fide borrowers who take their loan obligations responsibly.

And there are unscrupulous people who first repaid the loan on time and in the required amount, and then stopped fulfilling their obligations due to various unforeseen circumstances and understand all the consequences of non-payment.

Or those who did not intend to repay the loan, believing that in this way they were punishing Rosgosstrakh Bank or did not consider it in principle, because they do not care about the loan they once took and they do not consider themselves responsible to anyone and do not care about the consequences think.

So, let's look at several legal ways to avoid paying a loan from Rosgosstrakh Bank.

Repayment of an existing debt under a loan agreement issued by the credit institution Rosgosstrakh Bank or several loans taken from one or more banks by issuing a new loan from a bank with a loan rate lower than the rate of one or more existing loans.

Free consultation with a lawyer on CREDIT DEBT!

Legislation is rapidly becoming outdated, and each situation is individual. Save your time and money - call the numbers below, or contact the online consultant in the lower right corner.↘️

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These conditions are suitable for those borrowers who repay the loan on time and in the required amount according to the schedule, and issuing a new loan will allow the borrower to reduce the debt burden both while maintaining the loan repayment period and by increasing the loan repayment period.

It all depends on the desires and capabilities of the borrower.

This method is very convenient for borrowers and allows you to reduce the debt burden, as well as pay off loans that are unprofitable for the borrower. Recently, in light of credit institutions reducing interest rates on loans, this option is most relevant for borrowers.

Insured event on a Rosgosstrakh Bank loan

Almost all credit organizations when issuing a loan and concluding loan agreement issue an insurance policy to borrowers; Rosgosstrakh Bank is no exception.

The main insured events for borrowers, as a rule, are:

• loss of employment due to staff reduction or liquidation of the organization,
• loss of health (disability), accident.

When advancing insured event the borrower has the right to contact the insurance company to obtain insurance compensation. At the same time, the borrower provides the insurance company with a set of documents in order to Insurance Company could decide to pay insurance compensation.

Insurance compensation is paid either to the borrower himself or directly to the credit institution, depending on the beneficiary designated by the borrower under the loan agreement.

Free consultation with a lawyer on CREDIT DEBT!

Legislation is rapidly becoming outdated, and each situation is individual. Save your time and money - call the numbers below, or contact the online consultant in the lower right corner.↘️

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Of course, at first glance, many try to “dismiss” insurance and may even agree to an increased interest rate on a loan, just not to take out an insurance policy (after all, this may reduce the amount of the loan received by the borrower).

But, unfortunately, none of the borrowers think about possible consequences, which may occur regardless of the behavior of the borrower himself. after all, if financial difficulties arise and there is no insurance policy, no one will solve his problems with loan repayment for the borrower.

Thus, it is beneficial for the borrower to take out an insurance policy when issuing a loan from Rosgosstrakh Bank, and in the event of an insured event, the borrower will not face financial difficulties.

Restructuring of the borrower's debt (deferment of payment)

This is an opportunity to reduce the debt burden on a loan issued by Rosgosstrakh Bank for a certain period of time.

Exist different ways restructuring:

• reducing the loan payment amount by increasing the loan term,
• reducing the loan payment amount by repaying only the interest on the loan and postponing their payment to the last day of the loan agreement,
• deferment (installment plan) of loan repayment until a later term of the loan agreement,
• deferment (installment plan) of repayment of overdue loan debt,
• suspension of the accrual of fines on the loan,
• other.

Restructuring of loan debt is possible only if the borrower encounters financial difficulties when repaying the loan

At the same time, in order for a credit institution to carry out loan restructuring, the borrower needs to prepare full package documents confirming his difficult financial situation, and the borrower must meet certain requirements (conditions) that are established credit institution for possible loan restructuring. The borrower's application for loan restructuring is not enough.

"Credit holidays" Rosgosstrakh Bank

Some credit organizations, including Rosgosstrakh Bank, provide borrowers with so-called “ credit holidays" The borrower, upon the occurrence of certain circumstances or simply if desired, may not make the next loan payment.

To receive such a service, the borrower must deposit a certain amount into the account of the credit institution before the date of the next payment (as a rule, the amount is insignificant) and not make the next payment on the loan.

At the same time, this loan payment can be made either on the last day of the term of the loan agreement, or the term of the loan agreement can be increased by this particular payment (depending on the lending conditions established by the credit institution).

Bankruptcy of an individual

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If the borrower faces a very difficult financial situation, the latter may initiate bankruptcy proceedings.

Bankruptcy is possible under the following circumstances:

• the borrower's debt is over 500,000 rubles,
• overdue loans for more than 3 months.

When initiating a bankruptcy procedure, a citizen must evaluate all the circumstances and consequences to which this may lead. So:

• the procedure is quite expensive, since it will be necessary to pay for the services of a financial manager, and the debtor will also have to provide a security deposit in a certain account for procedural expenses;
• the property is assessed by the financial manager, and all debts are repaid through the sale of valuables;
• within 3 years, the financial manager has the right to invalidate any transaction involving money carried out by a citizen declared bankrupt;
  – all expenses of the debtor are under the control of the financial manager;
  - other.
  After completion of the bankruptcy procedure, all debts that the borrower had to creditors are considered repaid.

Limitation period for Rosgosstrakh Bank loan