1. We took a car on credit for 4 years, 2 years left to pay, but I have a debt in another bank (Sberbank), and so, the bailiff with a representative of Sberbank, without my knowledge and any warnings, simply took the car from the yard of my house, did not providing any documents, the court. The bailiff showed her crusts and that's it .. The car is pledged to the bank, where a loan was taken for it. I have all the documents for the car, I am the owner. Please answer - 1. Are the bailiff's actions lawful?
2. Can I sell this car to cover the debt of the savings bank (it is in their impound lot, it has been seized) and cover part of the debt in another bank? Thank you in advance!

Lawyer Berestov S.N., 24104 responses, 9484 reviews, online since 11/17/2013
1.1. Hello!
You should appeal the decision of the bailiff in court on the basis of Article 218 of the CAS RF.

2. Ivan Viktorovich should write a cassation appeal to Supreme Court republics of Crimea. US WAS REFUSED to initiate a criminal case, we submitted an application to the Prosecutor's Office of Evpatoria. The prosecutor's office handed over our application to Rospotrebnadzor, and I went there and they told me to sue. We filed a lawsuit on August 30, 2017 in the Evpatoria mountains. the court and ruled on the appointment of the case for hearing in October and we live in Moscow. Regions of the city of Ivanteevka. We filed at the place of commission, since we had witnesses an ambulance team and a pediatrician at the children's hospital in which the child and I were on the station. Treatment in infectious Department with a diagnosis of lacunar. Angina on the background of SARS. It all started from the day we applied while on vacation in the city of Yevpatoriya, it was cool, the child fell ill with mild orvi and that the sea was warmer, we were old. With his son, he withdrew money from a bank near the railway station. And we first turned to the new COMPANY TOUR NEAR THE BANK, we were refused there that it was impossible to buy a tour on 08/21/2015, Friday that the banks are closed and the current on Monday is possible and it was already evening the company was already closing, I asked if we could leave our money in the safe until Monday so as the bank was already closed and there were no Sberbank ATMs and there was nowhere to leave money for storage, but they refused to say no to your money, yes, there is no way in our safe, but when we left, we went to look for another tour. anenstvo and next to the house next on the street. Frunze LLC EVPATUR WE WENT IN AND 2 EMPLOYEES, it’s like later to acquaint the police with their testimony, we realized that they were husband and wife. THEY WAS NOT IN THE ROOM THE LIGHT WAS NOT ON BUT THERE NEARBY THE AEROFLOT CASH OFFICE STILL WORKED AND THEY COMED FROM ANOTHER ROOM AND ASKED WHAT WE WANT THEY ALSO SAID THAT IT IS IMPOSSIBLE TO BUY A TOUR ON FRIDAY THEY SAID ONLY ON MONDAY YOU CAN BUY A TOUR for storage until then I offered On Monday, the eldest son said several times that the youngest disabled child fell ill and we'll see what happens until Monday. I'm a dentist by profession. I said I'm treating him. I think it will be easier for a runny nose and a red throat. And my son gave me money in the amount of 104 thousand rubles in my hands, and I put the money on the table for Elena Voropaeva, she is the gene. director of the company Yevpatur LLC, and she put them on the table in front of me. I TOLD HER TO GIVE ME A RECEPTION ON THE ACCEPTANCE OF MONEY AND WRITE IN THE RECEIPT THAT THE TOUR WILL BE ORDERED ON MONDAY WHAT WILL BE WITH THE CONDITION OF THE CHILD, BUT VOROPAEVA REFUSED TO GIVE US THE RESPONSIBILITY NEXT TO HER HUSBAND VOROAYEV YUSAKY KUSMI GOES TO SUD . THE FACE SAT HER HUSBAND TURNED OUT AND AT THE MOMENT OF TRANSFER OF MONEY HE STARTED AND WENT OUT AND THEN WENT IN AND THEY OFFERED US to issue a voucher and an agreement in Ukrainian, we didn’t sign the agreement, it’s finally empty only for 15 years and that’s it. and in the voucher I signed and 2 more of their signatures. The next day, the child had a temperature of 40, I called an ambulance at 22 o'clock and for about 30 minutes, there seems to be a certificate from the ambulance with an indication of the kokoto mob. There was a call on the phone and at the exact time the call was indicated, and I immediately declared the diagnosis of lacunae to the ambulance doctor. Angina. The eldest son is dark and the youngest is light from different fathers, and the doctor remembered me for my memorable appearance. I told the ambulance star. Film your son on video, because they just didn’t give us a receipt, which means they wanted to make money on us so that we wouldn’t think about it, but only bought a tour from them. And the eldest son was too shy to shoot on video, he is very modest and very modest, he is a candidate of economics. He had just completed his postgraduate studies in the city of Krasnoyarsk. I held my son with a temperature in my right hand, my son had Ehlers Dunloo syndrome, and in my left hand I called E. Voropayeva at the ambulance and said that she would not book a tour to Turkey for us on Monday, as she was taking us away ambulance the child fell ill in the hospital. And Voropayeva answered me okay, bring only a certificate of illness and we will return the money to you. On the trail. The day is old. The son went to the company he was refused. On that day, they could not give me a certificate of the child’s illness; there was no doctor. And there was another girl who told her son who took the money, let him return it, I have a question in this regard, it was an employee of the company, whether she was registered and finally who she is, since it is not known whether she was included in the staff of Evpatur LLC or they planted their person. On the trail. The day I took a certificate from the attending physician, she was the deputy head of the department, we searched for her ourselves, she already works in the center for orphans as a doctor next to the court, she remembered me how I asked her to stop the rounds of sick children and give me a certificate about my child being in the department with a doctor woman still there was also a doctor complaining to me that she should leave the children, and I answered her that a large sum of money would be lost, that they refused to give us the money, and according to the certificate, they would give us the money. I went and handed the pre-trial claim to Voropaev, he accepted my signature, but they refused to return our money to us, saying that the tour was gone, that we did not go on our own. And Voropaeva E., when I asked why she didn’t go to return the money, she told me that she had a day off and she baked dumplings for her husband. We were under a lot of stress because it was the money of my elderly mother, I don’t work, I take care of a disabled child, and my son studied at graduate school and worked for 0.25 wages and received a meager salary. In general, on our claims and dosudeb. They never responded to the complaint in writing. And only on 08/29/15 they agreed to give us a tour for 10 days in Side Turkey with an additional payment for air tickets, we paid extra, they gave us a receipt for paying for tickets and they gave us a receipt supposedly we paid for the tour on 08/29/15 and in the amount of 69 thousand rubles were issued us a payment receipt. In fact, the child was still on the station. He was discharged from the hospital only on August 31, 2015 after treatment. And we had to go 13 hours on the way, since the departure was from Krasnodar and they deceived us via the ferry on 08/21/15, saying that it would take 7 hours to go to Krasnodar by bus, I asked Voropaev to give a geographical map and see the distance to Krasnodar 3 times, but she refused give silence. We filed a lawsuit in the mountains. court.

Lawyer Shulimov V. G., 4599 responses, 2494 reviews, online since 03/25/2019
2.1. Does anyone understand what is being said here?

Lawyer Frolov I. N., 648 responses, 389 reviews, online since 02/19/2018
2.2. You need to consult a lawyer or an attorney. Too long story. No one will give you good advice for free. You need to study documents and materials.

3. I will describe the situation: I divorced my husband in August 2019 by decision of a judge of the world court. parted ways with ex-husband, he lives with his parents, I'm with the children on rented apartment. The eldest daughter is not his, I am raising her as a single mother, the youngest three-year-old daughter is our common child, her ex-husband is listed as the father in her birth certificate. The former spouse works as a truck driver, works unofficially, and to be more precise, works for his father, who is an individual entrepreneur. That is, his father is his employer, gives him a salary, but everything is unofficial. The income of the former spouse per month is about 100 thousand rubles. He is also the guardian of his grandmother and receives 1200 rubles a month - this is official. Voluntarily, the ex-husband refuses to provide material support to his three-year-old daughter. There is one point: the former spouse each uses my personal Sberbank debit card, I have the entire credit history on this card, that is, I can provide the court with an extract from the credit history on this card as proof of his income. I am officially employed, at 0.01 rate, my official income is 6,000 rubles, and I receive an allowance as a single mother of 565.50 rubles and an allowance for a child under 18 years of age - 282.80 rubles. All certificates of income can be provided in court. The former spouse gloats and claims that I will not prove anything, and I will not get any payments from him. From here, questions are brewing: where to apply for alimony and what documents to attach to the application, and is it possible to recover anything from the ex-spouse in this case? Thanks in advance for your replies.

Lawyer Boldyrev R. I., 4003 responses, 2253 reviews, online since 07/26/2017
3.1. Hello!
You need to file a claim with the court for the recovery of alimony in a fixed amount of money.

4. There is a delay in two Sberbank loan agreements. In February 2016, Sberbank applied to the district court with two claims for the recovery of two loans, the district court accepted the applications, but then, having learned that I, as the defendant, changed my residence permit, transferred these cases to another district court at the place of registration. In the new district court, the judge decided to combine these two cases into one legal proceeding and the trial took place on May 16, 2016. But when I requested a copy of the decision, for some reason only 1 claim was indicated in the decision, and it was not clear on the second one, I did not ask. In September 2019, I received a summons on the lawsuit of the Savings Bank in the case in which the decision was never made. When I got acquainted with the case, the ruling on initiation says that on 09/02/2019, the judge, having considered the statement of claim of Sberbank, found that the court is proceeding with a case under two loan agreements and in accordance with Art. 151 judges decided to separate the action proceedings under two contracts into separate proceedings. The statement of claim itself is attached in the case dated February 2016, there were no statements from 2019. Those. the case lay without a decision for more than three years, and now the judge remembered about it and decided to hold a trial. Please let me know if there is any deadline. limitation period on this issue and what motion I need to make in court.

Lawyer Kolchev A. K., 70 responses, 24 reviews, online since 10/11/2019
4.1. The term for considering a dispute in court is limited by the Code of Civil Procedure, but this omission of this period is purely the responsibility of the court and does not affect the rights of the parties to the dispute (with the exception of the right to demand compensation for violation of a reasonable time for legal proceedings), the statute of limitations does not apply in this situation, because . statute of limitations - the period for the protection of the violated right, in your case, the period has not been missed since. Sberbank went to court in 2016, I would like to read the court decision, mb there are some options!

Sincerely, Kolchev A.K.

15. I made a mistake in the number when transferring a bank payment from my card and the payment went from my card to the card of an unknown Sberbank holder. With difficulty, I received the full details of the cardholder's card and contacted the Savings Bank, which answered that they could cancel the payment only with the consent of the cardholder, and if such consent was received, the money would be returned to my card. It has been quite a long time, but the money has not returned. The cardholder's details are not disclosed due to bank secrecy. I want to go to court, but who will be the defendant, the coordinates of the card holder are not known to me. Make Sberbank the defendant and request data on the holder, and then change the defendant. And in which court to apply, according to your place of residence? What will be the opinions?

Lawyer Bubnova S.B., 1710 responses, 1104 reviews, online since 09/16/2014
15.1. First file a lawsuit against Sberbank, and then the court will request information regarding the cardholder. File a claim for the recovery of unjust enrichment to a justice of the peace (if the amount of the claim - transfer is not more than 50,000) rubles. location of the defendant.

Lawyer Kukovyakin V. N., 10320 responses, 6739 reviews, online since 11/16/2017
15.2. Hello Andrey Arkadyevich!
Indeed, it is most logical to file a lawsuit with the bank, and then, at the request of a court, find out the data of the cardholder.

16. Tinkoff Bank won a case on an individual's loan in court and filed a court order with Sberbank for debiting. There is no name of an individual in the database of executive production. Then the bank sold the debt to LLC Phoenix and an individual entered into a restructuring agreement with it. Payments are received according to the schedule in LLC Phoenix. But a court order hangs in the savings bank and is written off. How to cancel it? The bank and the phoenix don't want to do that. And how to set off write-offs from the savings bank if they do not go to the phoenix?

Lawyer Kriukhin N.V., 157614 responses, 69086 reviews, online since 07/14/2011
16.1. Hello.
You need to find out which court issued this order, get a copy of it and file objections.

20. Took a loan from a microfinance organization. For a number of reasons, I could not pay on time and my debt was sold collection agency. They sued me. They were ordered to pay in full. After they blocked my accounts, I immediately paid off the debt in full, along with the state duty. I turned to a collection agency with a request to send me a paper stating that I owe them nothing. To this they answered me that I would take an extract from the Savings Bank stating that I had paid off the debt and my accounts had been unblocked. But after 3 months, the collectors again sue me, that I owe them another 2 thousand rubles for some expenses that they forgot to pay in the first claim. and no one has contacted me about this. What should I do in this situation, and is there any certainty that after paying these 2 thousand they will not sue me again?

Lawyer Bunchuk E. O., 174 responses, 56 reviews, online since 20.07.2016
20.1. You need to act initially, namely to appeal against the court order and the court would automatically cancel it. If the debt was insignificant, then they would not have resubmitted in the course of action.

Lawyer Podolskikh L.V., 5697 responses, 1976 reviews, online since 21.02.2014
20.2. Hello, you need to either write objections to the statement of claim, or challenge the decision already made. More precisely, we can say after studying the documents.

A loan was taken from the Savings Bank for 5 years with insurance, repaid ahead of schedule for 1 year. Is it possible to terminate the insurance contract and return the money for the remaining 4 years in connection with early repayment? A reply came from the bank that you can cancel the insurance within 14 days from the date of receipt of the loan, there are no other grounds for refusal. Go to court? Read answers (1)

21. I took a loan from a microfinance organization. For a number of reasons, I could not pay on time and my debt was sold to a collection agency. They sued me. They were ordered to pay in full. After they blocked my accounts, I immediately paid off the debt in full along with the state duty. I turned to the collector of some agency with a request to send me a paper stating that I did not owe them anything. To this they answered me that I would take an extract from the Savings Bank stating that I had paid off the debt and my accounts had been unblocked. But after 3 months, the collectors again sue me, that I owe them another 2 thousand rubles for some expenses that they forgot to pay in the first claim. and no one has contacted me about this. What should I do in this situation, and is there any certainty that after paying these 2 thousand they will not sue me again?

Lawyer Arutyunov G. S., 88 responses, 63 reviews, online since 09/01/2016
21.1. Good day! It could be hospitality or something else. Here you need to study the documents.

22. Communal apartment. One of the rooms was bought with a mortgage. The neighbor did not pay, and a year ago the court ruled to foreclose on the mortgaged property. During this time, no action was taken with the room. A month ago my neighbor died.
Questions. 1. Who is the current owner of the room? (In Sberbank (lender) they answered that they were not).
2. Can this room be put up for auction if the apartment was declared unsafe three months ago?
3. Is the organizer of the auction obliged to notify the other owners of the sale of the room in accordance with Article 250 of the Civil Code?
4. Due to the complexity of the situation and the possibility of the room being idle for a long time, can the other owners collectively rent it out so that the proceeds go to the redecoration of the MOS?
I emphasize again: the court decision on foreclosure was made a year ago and entered into force, so the heirs have nothing to do with it. In addition, the total court debt is greater than the value of the room declared in the court decision, which means that upon entering into the inheritance, the heirs will automatically become debtors. Do they need it?

Lawyer Rumyantsev M. V., 195 responses, 130 reviews, online since 06/18/2019
22.1. Is the decision of the court enforced? If the decision is not enforced or is in the process of being enforced, then the heir or the state is the owner. When the decision is executed, either the winner of the auction or the creditor will become the owner. If it's about fractional ownership, then you need to notify other owners. You can't rent a room, why? The breakdown of trading is not a hindrance.

Lawyer Sharafutdinov I. M., 771 responses, 406 reviews, online since 07/19/2019
22.2. 1. Heirs can become the owner of the apartment.

2. Can be put up for auction

3. If there is no heir, then he is obliged

4. you have no right.

23. I didn’t pay the loan at the Savings Bank for health reasons, after I paid everything by court order through the bailiffs, but at the credit bureau the loan hung as outstanding for four years until the Savings Bank updated the data the second time now they don’t give a loan anywhere, is it possible to punish the Savings Bank?

Lawyer Pitnichenko A. Yu., 2732 responses, 1891 reviews, online since 12/20/2013
23.1. Punish for what? Your credit history is damaged through no fault of the bank. Moreover, it displays information regarding delays and the method of its repayment.

24. I just received a call to my friend's account, allegedly from Sberbank, they said that they could not find her, allegedly they were going to start a criminal case against her. A friend really doesn’t pay (she’s generally in the hospital now), she has a debt to the bank, taking into account%, she has about 500 thousand rubles, she took a loan says 300 thousand, paid without delay for about 7 months, then filed for restructuring, where For half a year, then I couldn’t pay with everything, the tank filed a lawsuit. At the end of the year, the statute of limitations expires on the writ of execution. Can a criminal case be opened in this case? I think not. Even if she had problematic certificates from work, although she officially worked at the time of receiving the loan and the entire salary was white, but EVEN if the employer did not confirm something there, what does she have to do with it? A friend took out a loan somewhere in the year 2013.

24.1. The lender has the right to report fraud to the police. After consideration of the application according to Art. 144 of the Code of Criminal Procedure of the Russian Federation, the investigator makes a procedural decision to initiate a criminal case or to refuse to initiate a criminal case.

Lawyer Shulzhenko Yu. V., 372 responses, 234 reviews, online since 07/18/2016
24.2. Hello. They cannot start a criminal case, only a civil one.

Lawyer Chakinski A. K., 557 responses, 214 reviews, online since 09/19/2016
24.3. Good afternoon Maria! Sberbank does not work with such methods. The amount owed is too small to initiate a criminal case. If collectors called, then you can write a complaint about their illegal actions to the Bailiff Service in the Rostov Region.

A loan was taken from the Savings Bank for 5 years with insurance, repaid ahead of schedule for 1 year. Is it possible to terminate the insurance contract and return the money for the remaining 4 years due to early repayment? A reply came from the bank that you can cancel the insurance within 14 days from the date of receipt of the loan, there are no other grounds for refusal. How to be? Go to court? What to refer to? Read answers (1)

25. Today I received an SMS from the Savings Bank about debiting funds from my accounts. Basis for the magistrate's decision. (judgment order). No savings bank useful information could not provide on this issue. Gave a printout of the withdrawal of money from the accounts. Help me deal with the situation: I have never taken loans from any bank, I have not acted as a guarantor for anyone, I have no debts for communal, pension, tax ... I did not receive subpoenas, I did not receive any court orders about allegedly ... Tell me where to start to understand this situation ... What to find out from the justice of the peace who issued the decisions or go straight to bailiffs or write a complaint to the prosecutor's office about the illegality of the actions?

Lawyer Karavaytseva E.A., 57763 responses, 27411 reviews, online since 03/01/2012
25.1. File an objection immediately court order with rotation performance. Be sure to contact the police.

Lawyer Utkina S. N., 2482 responses, 1571 reviews, online since 07/01/2018
25.2. Good afternoon, Lyudmila, contact the justice of the peace at your place of residence and familiarize yourself with the materials, and also apply for the restoration of the deadline for filing objections to the court order and attach objections to the court order, I think the order will be canceled, but keep in mind the person who filed the issuance of a court order, the right to apply to the court in the order of action proceedings. When issuing a court order, a court summons is not sent to the debtor.

26. Manager-beggar with authorized capital 10 tr. and incomprehensible licenses in the extract from the Unified State Register of Legal Entities, filed a claim for debt collection. The court issued a court order for joint recovery from three registered persons, which came into effect (accounts were blocked and part of the amount was withheld). The deadline for filing a cancellation was missed, since we did not receive it and found out only after blocking in the Savings Bank. There are no materials on the recovery case on the portal to the FSSP. Actions taken on my part 1. I got acquainted with the materials of the case in court. 2. Received an order for signature. 3. I am preparing an application for the restoration of the deadlines for filing and cancellation of the court order. 4. In Sberbank, I applied for the closure of all debit accounts. 5. I am writing an application to the employer's accounting department about changing the details for receiving a salary or receiving it through the cashier. QUESTIONS: 1. Could the plaintiff directly apply to the bank bypassing the bailiff service to collect the debt? 2. Is it possible to refer in the application for the restoration of terms due to non-receipt of notifications and non-compliance payment documents GOST R 6.30-2003 and other legal norms (instead of a special account (40821) - commercial (40702), there is no signature of the chief accountant and seal of the enterprise, there is no reference to acts of work performed), and there is no contractual relationship between management company and tenants (the apartment has been issued by order since the 1980s and the lease agreement was not drawn up). 3. Did Sberbank rightfully refuse to accept my application for closing card accounts with an indication of immediate closure, but offered its own version with a period of 30 days? 4. Applications to the court for the restoration of terms and cancellation of the order must all three submit jointly and severally, or can this be done by one person who is considered an employer?

Lawyer Tikhonov B.L., 15437 responses, 6750 reviews, online since May 19, 2013
26.1. 1. Could. But he is not a plaintiff, but a claimant.
2. Possible, but meaningless, because it does not affect the missed deadline
3. Just block the cards. And then let the bank close the card account for at least a year
4. Any of the debtors can file.

27. I took a loan from Sberbank, I could not repay it properly and the bank filed a lawsuit. The bailiffs seized the right amount from accounts, but for some reason part of the loan weighs in the bank?

Lawyer Kugeiko A.S., 86702 responses, 38690 reviews, online since 05.12.2011
27.1. Hello,
If you really paid the entire debt by court order, you can write a claim to the bank so that they remove everything that weighs unlawfully.
We do not know your entire situation in detail and can only speculate.
I wish you good luck and all the best!

Lawyer Loshkareva I. V., 5502 responses, 3155 reviews, online since 10/31/2017
27.2. Hello, you need to write a claim to the bank, where you state that you have repaid the entire amount of the debt. All the best to you!

28. A year ago they entered into an inheritance. The father died and he had accounts or deposits in Sberbank. The notary sent a request to the bank, the answer came to one account according to the old Soviet passbook, but there are pennies. And supposedly there is nothing else. The other day I found a paper dated 08.2011 (deposit) for a period of 3 months with a fairly large amount written in it. Whether the deposit was closed or extended is unknown to me. I turned this question to the bank, they say I want to know the fate of these funds. I was told that they did not have the right to disclose this information, citing bank secrecy, and indeed, how my father disposed of this money during his lifetime, they say, is none of my business. Naturally, I was not provided with an extract for this deposit. Despite the fact that I provided them with all the necessary documents (death certificate, certificate of inheritance, my passport, and so on). They said that this information can only be provided through the court. In addition, a bank employee found four accounts in the program and there is a note “depositor died”; it is not possible even for her to look at these accounts. That is, it turns out there are bank accounts. Hence the question. Why, when requested by a notary, did they not send a response on these accounts? Are they hidden or forgotten? Well, I have two questions for you. 1) Whom should I contact about discovered invoices? And through whom should I order an account statement? Still, a notary or a court that tell me. Thank you.

Lawyer Shaginyan A.R., 1375 responses, 795 reviews, online since 07/08/2009
28.1. You should contact the notary who registered your deceased father's estate for you.

29. I am 17 years old. Was with friends, husband and wife, they are 25 years old. Worked with my husband. We drank. I asked to borrow money. He agreed. He said the pin code from Sberbank online, and the phone. He gave it to me and said to transfer it to his card. In the morning my wife called and accused me of stealing. I was judged under 158 part 3. I wrote a petition to change a lawyer, the judge said that I could not be changed. Mother was not allowed in, guardianship came. The mother is neither registered nor lichen. They were released at the trial. My husband remembered that he really borrowed money from me. It's been 1.5 months. Can I do something in this case? Since I think there were violations on the part of the court.

Lawyer Panfilov A.F., 50202 responses, 24690 reviews, online since 20.09.2013
29.1. No, there is nothing they can do.

30. I have a question. It's been like two months past due on loans. Today they called from Sberbank, they are waiting for payment on August 1, otherwise they will sue or give the case to collectors.
Can they close the border for me because of this? On August 6, I have to leave for 10 days. It seems they haven't filed a lawsuit yet, they just call. I worry that I will arrive at the airport, but they will not let me out.

Lawyer Maryutina E.N., 402 responses, 267 reviews, online since 05.02.2019
30.1. Traveling abroad can only be restricted by a bailiff, and your case will not get to him soon, only after the decision to collect the debt from you comes into force.

Lawyer Stepanov A. E., 35394 responses, 23838 reviews, online since 07/21/2017
30.2. I agree, it will take a month or two. Before the matter reaches the bailiff.
Sincerely.

Lawyer Alekseev A. N., 2626 responses, 1625 reviews, online since 03/16/2019
30.3. The court is usually filed after 3 months of delay. The border can be closed only on the basis of a writ of execution issued by a decision that has entered into force. If you make a payment, you must again delay filing a lawsuit for 3 months.

A bank client has the right to close his account at any time - both the Civil Code and the law on consumer protection speak about this. But is it possible to terminate relations with the bank with the same ease if this account is linked to credit card with a lot of debt? For a long time, the practice was ambiguous: some courts agreed to close the account - after all, obligations can be fulfilled without it. Others, on the contrary, insisted that the agreement with the client binds the credit card and the account together and cannot be closed if there is a debt. Which of the two approaches is correct, recalled the Supreme Court.

One question, different approaches

Paragraph 1 of Art. 859 of the Civil Code provides that the bank account agreement is terminated at the request of the client at any time. And if the contract is terminated, this is the basis for closing the account (clause 4 of article 859 of the Civil Code). Moreover, it is not necessary to sign an agreement to terminate the bank account agreement - the client's application is already enough. But if we are talking about a credit card to which the account is linked, closing it with a debt will be difficult, if not impossible.

Courts have different approaches to the possibility of closing an account in case of debt, notes Denis Bobyr, a lawyer at Yukov and Partners. One position is to recognize this possibility. If we analyze the provisions of Art. 421, 422, 859 of the Civil Code or Instruction of the Bank of Russia dated May 30, 2014 No. 153-I, it follows that the requirements for closing a bank account must be satisfied, since by virtue of the law the bank account agreement is terminated at the request of the client at any time, Bobyr notes. Such a conclusion, for example, was made by the Novosibirsk Regional Court in the appeal ruling dated January 31, 2017 in case No. 33-881 / 2017, in which the plaintiff sought the right to close credit account in Alfa-Bank. The court explained: the contract concluded between the parties is a mixed contract containing elements loan agreement and elements of the bank account agreement, and the bank account agreement - one of the constituent parts of the mixed agreement - can be terminated at any time.

Rosportebnadzor received a complaint……

Rospotrebnadzor demonstrated a similar approach in 2015. Rosportebnadzor received a complaint from a citizen who was refused to close an account with MTS-Bank, and the agency saw this as a violation of consumer rights. The bank was ultimately held liable under Part 2 of Art. 14.8 of the Code of Administrative Offenses (inclusion in the contract of conditions that infringe on the rights of the consumer). The bank failed to defend its position in the courts.

The courts explain that when closing a bank account, it is still possible to fulfill obligations under a loan agreement and deposit cash at the cash desk - this method of payment is provided for by law. As a result, the presence of a person's debt does not affect the ability to close the account, and the borrower has the right, in accordance with Art. 859 of the Civil Code, send an application for termination of the account, while this will not affect the loan agreement.

However, there is another approach. It consists in the fact that opening an account by a bank is associated with the need for a person to fulfill obligations to repay a loan. That is, a bank account has not an independent, but an optional value, and its opening is due only to the servicing of a loan agreement, says Bobyr. In this case, if the loan is not repaid, the bank has all legal grounds to refuse to close the bank account, the lawyer reminds. This approach was applied, in particular, by the Stavropol Regional Court in the appeal ruling dated 06/06/2017 in case No. 33-4114/2017. This position was also supported by the Supreme Court in another dispute about the possibility of closing an account with a loan debt.

There is a loan - there will be an account

In 2011, Tatiana Ruzaeva* took out a consumer loan from Sberbank. She was given a credit card with a limit of 20,000 rubles. and 19% per annum for a year and opened an account for operations. In 2016, Ruzaeva turned to the bank and asked to close the account - at that time her loan debt amounted to 52,091 rubles. The bank refused to do this, and the woman went to court. She insisted that the refusal violated her rights, since the ability to close the account and the obligation to return the money to the bank are not connected: the absence of an account does not relieve her of the need to return the money.

The first two instances upheld the applicant's claim. They recognized her contract with Sberbank as terminated in terms of opening a current account and ordered the bank to close it. 500 rubles were collected from the bank. moral damage and 250 rubles. fine.

The courts proceeded from the fact that the Civil Code and the law on the protection of consumer rights provide for the right of a bank client to close an account and this does not affect the credit obligations that have arisen. The bank account involves carrying out various operations on it, which indicates its independent nature, not related to the repayment of the loan, they added to the appeal. They pointed out that, according to the law on the protection of consumer rights, it is impossible to condition the purchase of some goods by the obligatory purchase of others.

Supreme Court…..

But the Collegium of the Supreme Court for Civil Disputes, chaired by Judge Vyacheslav Gorshkov, considered this approach to be erroneous (case No. 67-KG17-26). As the Supreme Court noted in its ruling in the case, when a bank customer enters into an agreement on the issuance and use of a credit card, it is a mixed agreement containing elements of a bank account agreement and a loan agreement.

In accordance with paragraph 1 of Art. 819 of the Civil Code, under a loan agreement, the bank undertakes to lend money to the borrower; According to the terms of the contract, the borrower undertakes to return the money with interest. Since the agreement is mixed, the obligation to repay the loan is related to the operations on the account, including its closure, the Supreme Court concluded. And the opportunity to get a loan, in principle, is associated with the conduct of operations on the account and its closure. In addition, according to the terms of use of Sberbank cards, the account is closed subject to the repayment of the overdraft and the absence of other debts. This approach is in line with Art. 421 of the Civil Code, which regulates relations under a mixed agreement, recognized the Supreme Court, and the application of the rules on the possibility of terminating the agreement at any time contradicts the essence of such an agreement - after all, it concerns only one part of it - the account. As a result, the Supreme Court canceled the acts of the lower courts and sent the case for a new trial to the court of appeal.

“In essence, the panel's conclusion seems to be correct, since in the situation with credit cards, both the use of a bank account for transactions and the use of a loan occur at the same time; these two components are inextricably linked, says Alexandra Gerasimova, Head of Practice at FBK Legal. At the same time, the justification of the board lacks logical completeness, she is sure.”

The approach to the interpretation of the norms of procedural law is also interesting, Gerasimova believes: for example, despite the establishment of the incorrect application of the norms of substantive law, the collegium did not adopt a new court order, as follows from paragraph 5 of part 1 of Art. 390 of the Code of Civil Procedure, and sent the case for a new consideration on appeal, referring to the observance of reasonable terms of the proceedings. This is doubly unusual, the lawyer is sure, since the transfer to the appeal will only increase the time frame.

According to numerous statistical data, the level of debt load of the population is quite high. Many of us have a valid loan agreement, and often more than one. Not all loan agreements are concluded in strict accordance with current legislation. This means that the consideration of disputes in the field consumer lending courts of various levels is very common. We note right away that at the moment, for the majority contentious issues under loan agreements arbitrage practice settled in favor of the borrower. Therefore, it is worth considering the main situations when a positive court decision for the borrower is guaranteed in most cases.

Insurance premium refund

Almost all banks, when concluding a loan agreement, draw up insurance for the borrower. This may be insurance in case of death or disability of the borrower, loss of his job. The borrower has the right to refuse insurance, but, as practice shows, in reality this happens extremely rarely. Meanwhile, the borrower has the right to terminate the insurance contract throughout its validity. In addition, if the borrower proves that the conclusion of the insurance contract caused the issuance of a loan, then he has the right to demand that this insurance contract be declared invalid. This can only be done through a court order. To consider the case, the borrower must submit a loan agreement and an insurance agreement drawn up together with the loan. If there is a relationship between these two documents, for example, in a loan agreement it is indicated that one of the conditions for issuing a loan is insurance, then the court recognizes this provision of the agreement as contrary to the law and makes a decision to return the amount of the insurance premium to the borrower. By the way, recently there has been a tendency to force the courts of banks not only to return the amount of the insurance premium to the borrower, but also to recalculate the total amount of debt under the loan agreement, taking into account the reduction in the loan amount. For example, citizen V. filed a lawsuit against Bank S. The plaintiff demanded that his consent to join the collective insurance contract be invalidated and that the insurance premium be returned in the amount of 15% of the loan amount. As follows from the text of the loan agreement, the loan is issued to the borrower only after signing an agreement on accession to the collective insurance agreement. The court recognized this claim of the credit organization as unlawful and ruled to satisfy the claims of the plaintiff.

Commission refund

Federal Law "On consumer credit» clearly outlined all the requirements for credit institutions when issuing loans to individuals. Defined this law and the fact that banks are not entitled to charge any commission from the borrower other than interest for use credit funds. However, it is not uncommon for a bank to charge a certain commission for opening and maintaining a loan account, accepting payments under a loan agreement, and early closing of a consumer lending agreement. All these types of additional payments are illegal and the borrower has the right to demand from the bank to return cash paid by him as similar commission payments. Experience shows that banks rarely voluntarily comply with such requirements. Judicial practice in such cases is clearly in favor of the borrower. For the court, it is enough to submit a loan agreement, payment receipts indicating the amount of commissions paid. In the statement of claim, it is desirable to indicate all the detailed information on the loan agreement, the procedure for its execution by the borrower, and also provide a link to the legal norms that were violated by the credit institution.

An example from practice. Citizen D. filed a claim against Bank S., in which she demanded to return to her the commission for opening a loan account and the commission for making monthly payments under the loan agreement. As evidence, the plaintiff presented a loan agreement, which indicated that the bank takes one percent of the loan amount from the borrower for opening a loan account, as well as receipts, which indicated that a commission of 100 rubles was charged for accepting a monthly payment. The representative of the bank explained that opening a loan account and accepting cash are additional services provided for a fee. However, the court indicated that the borrower did not ask to open a loan account for him, and therefore did not need this service. Therefore, it is imposed on the client. Acceptance of payments under a loan agreement is not a separate service, since the borrower must be able to repay his debt due to the fact that he is paid for the bank's services in providing a loan in the form of interest under the loan agreement. In this case, additional charges are not allowed. The court ruled to recover in favor of the plaintiff the amount of the commission for opening a loan account, accepting monthly payments under the loan agreement, as well as interest on the use of funds.

Advice: when applying to the court demanding the return of commissions under loan agreements, you should remember about the limitation period - three years. This period must be calculated from the moment of actual withholding or payment of the commission.

Decisions in favor of the borrower under the requirements of the bank

However, positive decisions in favor of the borrower are made not only in those cases where he acts as a plaintiff. It is not uncommon for a court to decide in favor of the bank when considering cases of debt collection on loans, but at the same time significantly reduce the amount of claims, thereby greatly facilitating the situation of the borrower. For example, the court may recalculate the amount of penalties and fines accrued by a credit institution for overdue debt. The bank may be asked to restructure the debt or develop a debt repayment schedule that is convenient for the borrower. Often, the court grants an installment plan for the execution of the decision in favor of the bank, especially in cases where the bank does not make concessions to the borrower.

It is important to note that for such a position of the court, the behavior of the borrower himself is extremely important. If the debtor does not evade participation in the lawsuit, provides all the information about the circumstances of the delay under the loan agreement, does not refuse to repay it, then the likelihood that the court will make a decision acceptable to the borrower is very high. By the way, the opinion that the more loans, the less likely that the court will make concessions on debt repayment is wrong. For the court, the conditions of these loans and the circumstances of the delay are much more important. And if the borrower does not belong to the category of unscrupulous citizens, then the court will always take a position to protect his interests, regardless of the requirements of the credit institution.

An example from practice. Bank Kh. filed a lawsuit against citizen T. According to the statement of claim, T. had arrears on one loan for eight months, on the second - six. In addition, the plaintiff submitted an extract from the bureau credit histories, according to which T. has three more loans, the delay on which is from two to six months. T. told the court that the first loan agreement was made by her for the treatment of her young daughter. After that, she took out loans to pay off the previous ones, the delay was due to a difficult financial situation: one brings up a minor child with a disability, works in two places, but the salary is minimal. The court, having studied all the materials in the case, made a decision to reduce penalties for overdue loans by seventy percent, the bank to provide the defendant with new payment schedules for each loan agreement, taking into account the objective capabilities of the borrower. At the same time, the bank obliged the borrower to adhere to new payment schedules under loan agreements.

For a long time we had no stories of how ordinary citizens resist the arrogance of banks that violate laws and successfully defend their rights in court. Go!

Today's release:

1. Too free interpretation of 115-FZ led Sberbank to a trial with an entrepreneur from Kirov. The bank lost in court, and the client received moral compensation and a fine for withholding funds.
2. VTB 24 took away a credit limit on the card of almost 300 thousand rubles from a client from Perm, then lost the court, but refused to execute the court decision, for which he received a fine from bailiffs, a threat of criminal prosecution by an official, and as a result was forced to obey.

Judgments are attached to both cases.

The first situation May 19, 2016 Pervomaisky District Court, having satisfied the demands of a woman from Kirov, whose consumer rights, as established by Themis, were violated, ordered Sberbank to give the plaintiff money - 400 thousand rubles, held in her account since January of this year.

Recognizing the actions of Sberbank as illegal, the court ruled: recover in favor of the plaintiff compensation for non-pecuniary damage and a fine. According to lawyer Yan Chebotarev, who represented the plaintiff in the process, upon the entry into force of the decision, the victim will again turn to justice with a claim to Sberbank for compensation for legal costs and losses caused to her for six months. Only 120 thousand rubles.

Back in January, Sberbank blocked debit card of my client, a Kirov businesswoman, who at first, without even imagining that she would have to go through seven circles of hell, immediately asked the question “why” first at hotline and then to one of the local branches of the organization. At first, asking orally, and when she did not wait for a clear answer, in writing. Including writing a statement on the Sberbank website.

At the local branch, the woman was informed that "Moscow blocked the card." The metropolitan division sent the depositor to the “Processing Center” of St. Petersburg, which allegedly made a decision to block. They shrugged their shoulders and sent the client back to Moscow. They snorted: sort it out in Kirov - and the cycle of walking began. Having traveled the path: Kirov-Moscow-St. Petersburg and back several times, the businesswoman finally waited for an answer.

Only in February did the Kirov branch explain that, on the basis of 115 federal law about “counteracting the legalization of money obtained by criminal means” and “counteracting the financing of terrorist organizations”, the bank checks the activities of the depositor, requesting along the way a bunch of documents and certificates, including a tax return for the previous year.

Shocked by suspicions about financing terrorists, the businesswoman argued to the bank that she would be able to bring a certificate from the tax office no earlier than April, when the declarations were submitted, but she heard in response: write an application, close the account and receive your money in 45 days. Then the depositor's patience snapped, and she really wrote a statement, which she took to court.

The position of Sberbank, voiced in the trial, I would call "very funny." In their opinion, with reference to articles 4 and 7 of Federal Law 115, he has the right not to disclose to the client the reason for blocking, as well as to block the card and account for an unlimited period without any judgment, - says Chebotarev.

The defense also proved that the bank can independently block the movement of money and transactions for a period not exceeding three days to conduct an audit. And, if it is established that the operations are suspicious, contact the federal supervisory authority Rosfinmonitoring. Which, in turn, has the right to apply to the court for permission to block. And since the appeal of the supervisory authority, as well as the court decision, Sberbank could not submit, the bank's actions were declared illegal.

During three meetings, the Bank referred to the Federal Law “On combating the financing of terrorism and the legalization of funds obtained by criminal way,” though only in one vein, says Yan Chebotarev.

It was pointed out that the bank, without explaining the reasons, has the right to block any card and any citizen and demand an explanation of where the person got the money from. Well, of course - from where? If there is not enough money in the budget ....
The essence of Sberbank's claims also boiled down to the fact that the woman was withdrawing too much cash. We referred to the same 115-FZ, saying that it is the bank that must prove the essence of its suspicions, that the bank has the right to block the operation only for a few days, and not forever, that a person, his rights and freedoms are the highest value ... Well, this did not affect me there. In the end, the court agreed with us.

Unmotivated suspicions by a bank of a person are not a reason to deprive him of his own funds outside the framework of the judicial procedure.

Pervomaisky District Court of the city of Kirov composed of the presiding judge Rogacheva Yew.A., having examined in open court a civil case under the claim Konysheva E.T. to PJSC "Sberbank of Russia" on the protection of consumer rights, compensation for non-pecuniary damage,

SET UP:

Konysheva E.G. applied to the court with a lawsuit by PJSC Sberbank of Russia for the protection of consumer rights, compensation for non-pecuniary damage.

She substantiated her claims by the fact that she is the holder of a debit bank card Visa Gold, opened in Sberbank of Russia PJSC, for carrying out operations with funds on the account. On (date) she was unable to withdraw cash using the card due to the defendant blocking it. The Bank's employees told her about the possibility of receiving funds only when closing the card account, or transferring funds to another account.

Konysheva E.G. believes that her rights as a consumer of banking services have been violated, for a long time she cannot receive her money, there are no legal grounds for the Bank to withhold money.

Referring to the unreasonable restriction of her rights as a consumer to dispose of the funds on her bank card account, taking into account the clarification of the requirements (made at the court session on (date)) asks the court to oblige Sberbank of Russia PJSC to issue her the funds on her account (Number), seek compensation for non-pecuniary damage (Data depersonalized), a fine of 50% of the amount awarded.

At the hearing the plaintiff Konysheva E.T. failed to appear, duly notified of the case.

The representative of the plaintiff Chebotarev Ya.E. refined claim supported in full, referring to the arguments set out in the claim. Pointed out that requested by the Bank from Konysheva E.G. on (date) documents, in particular, a patent and documents confirming the payment of taxes, the latter could not submit due to the lack of a patent, and the deadline for filing tax return hasn't expired yet. He noted that the funds to Konysheva's account in Sberbank did not come from unknown and dubious persons, but from Konysheva's account in another bank - the Kirov branch of PJSC JSCB Svyaz-Bank, a detailed statement of the account from which is presented. It is more convenient for her to withdraw cash from Sberbank due to more favorable conditions. The money was used exclusively for personal purposes, for the construction and repair of his house.

The representative of the defendant PAO «Sberbank of Russia» Likhacheva T.The. claims are not recognized, believing them illegal and unfounded. She explained that in January 2016 the Bank blocked the card of Konysheva E.G., that is, it stopped remote access to the funds on the account, in accordance with the Federal Law of August 7, 2001 No. 115-FZ “On counteracting the legalization (laundering) of income received criminal means, and the financing of terrorism," since analysis of its for the period (Date) of cash transfer and withdrawal operations does not allow us to regard them as the use of funds to meet the plaintiff's personal and household needs, in connection with which they are recognized by the Bank as suspicious.

In order to verify the legality of transactions performed using a bank card, the Bank suspended remote access to funds on the account. Required documents Konysheva did not submit, the card has been blocked so far. The plaintiff can receive the money only when the account is closed.

After listening to the explanations of the participants in the process, examining the written materials of the case, the court comes to the following.

In accordance with the provisions of Article 845 of the Civil Code of the Russian Federation, under a bank account agreement, the bank undertakes to accept and credit funds incoming to the account opened for the client (account holder), follow the client's instructions to transfer and issue the appropriate amounts from the account and conduct other operations on the account.

The Bank may use the funds available on the account, guaranteeing the client's right to freely dispose of these funds.

The Bank is not entitled to determine and control the directions of use of the client's funds and establish other restrictions not provided for by law or the bank account agreement on its right to dispose of the funds at its own discretion.

By virtue of the requirements of Article 858 of the Civil Code of the Russian Federation, restriction of the client's rights to dispose of the funds on the account is not allowed, with the exception of seizing the funds on the account or suspending operations on the account in cases provided for by law.

The court found that Konyshevoj E.T. on the basis of an application-questionnaire dated (date) for obtaining an international card of Sberbank of Russia under the Banking Service Agreement (number) dated (date), a bank card was issued Visa card Gold (number), and an account (number) has been opened to reflect transactions carried out in accordance with the Agreement.

Konysheva E.G. familiarized with the Terms of Use of Bank Cards of Sberbank of Russia OJSC, which, together with other documents, constitute the Agreement on the Issuance and Maintenance of Bank Cards.

In accordance with these Conditions, the bank card is the property of the Bank and is issued to the client for temporary use to pay for goods, services, receive / deposit cash in credit institutions and through an ATM, as well as perform other operations. In order to reflect transactions carried out in accordance with the Agreement, the bank opens an Account for the client (clauses 2.1, 2.4, 3.1).

In accordance with clauses 7.2, 7.4 of the Terms, the cardholder undertakes not to use it for transactions that are contrary to the current legislation of the Russian Federation, and does not conduct business-related transactions on card accounts.

It was also established that on (Date) the bank card issued by Konysheva E.G., the defendant PJSC Sberbank of Russia, was blocked.

The fact of blocking the card by the defendant was not disputed.

The card is currently blocked.

(date) Konysheva E.G. applied to Sberbank of Russia PJSC with a statement about the illegal blocking of the card, about the need to unblock the card and allow them to use their funds.

Furthermore the said statement Konysheva E.T. indicates that the funds to her account with PJSC Sberbank of Russia come from her account opened with PJSC JSCB Svyaz Bank. That it works under a simplified taxation system and pays taxes on all incoming funds from entrepreneurial activities. Indicates the source of her income, and also that the money she withdraws from her bank card is necessary for her and used for personal purposes. To the statement of E.G. Konysheva presented documents: certificates of its ownership of real estate objects, objects real estate, which are in its possession, use, agreements on the maintenance and use of real estate.

In response to the said statement (Date) (delivered to the plaintiff on (date)) the Bank with reference to the requirements of Federal Law No. 115-FZ of 07.08.2001 “On Counteracting the Legalization (Laundering) of Proceeds from Crime and the Financing of Terrorism”, regulations bank, internal procedures of the bank, asked to additionally submit: lease agreements, a patent and documents confirming the payment of taxes for 2015.

According to the explanations of the representative of the plaintiff, Konysheva E.T. could not submit additional requested documents to the Bank because it did not receive patents, and the deadline for filing a tax return for 2015 as of February had not expired. At present, data on tax payments for 2015 have been submitted to the Bank.

At the court session, a representative of Sberbank of Russia PJSC explained that, in accordance with the Rules of Internal Control, in order to counteract the legalization (laundering) of proceeds from crime, No. 881-9-r dated 30.12. bank card and, in the opinion of the bank, these transactions clearly did not comply with the generally accepted market practice of transactions, in connection with which, in January 2016, the bank decided to suspend remote service plaintiff's cards by blocking cards - as a means of remote access.

(date) Konysheva E.G. again personally applied to Sberbank of Russia PJSC to receive funds from her account. The defendant refused to issue funds, explaining that the funds can be obtained by closing the account, or transfer money to another account.

The defendant did not dispute that to date Konysheva E.T. cannot receive funds from his account without closing it, as provided for in clause 3.10 of the Terms.

However, according to the circumstances of the case, the court considers the Bank's actions to limit the plaintiff's right to dispose of the funds on the account, contrary to the requirements of the current legislation.

By virtue of the provisions of Article 209 of the Civil Code of the Russian Federation, the owner has the right to own, use and dispose of his property. The owner has the right, at his own discretion, to take any actions in relation to the property belonging to him that do not contradict the law and other legal acts and do not violate the rights and legally protected interests of other persons.

General provisions on the right of ownership are applicable to the legal relations of the parties and when disposing of funds in a bank account.

Restriction of the rights of the client (owner) to dispose of the funds on the account is not allowed, except as provided by law (Article 858 of the Civil Code of the Russian Federation)

Federal Law No. 115-FZ dated 07.08.2001 “On Countering the Legalization (Laundering) of Proceeds from Crime and the Financing of Terrorism” provides for various bank actions aimed at ensuring the implementation of this Law, including the suspension of operations with client funds and refusal to execute the client's order to perform a transaction (Article 7).

Thus, in accordance with paragraph 10 of the above norm, organizations that carry out transactions with cash or other property suspend the corresponding operation, with the exception of operations for crediting funds received to the account of an individual or legal entity, for five working days from the day when the client’s order on its implementation must be carried out if at least one of the parties is:

a legal entity directly or indirectly owned or controlled by an organization or individual in respect of which measures have been applied to freeze (block) funds or other property in accordance with subparagraph 6 of paragraph 1 of this article, or an individual or legal entity acting from name or at the direction of such organization or person;

an individual carrying out a transaction with cash or other property in accordance with subparagraph 3 of paragraph 2.4 of Article 6 of this Federal Law (that is, an individual included in the list of organizations and individuals in respect of which there is information about their involvement in extremist activities or terrorism, carrying out operations aimed at receiving and spending wages in excess of... rubles, as well as for the payment of obligations that arose before its inclusion in the specified list).

The said norm also provides that if, within the period for which the transaction was suspended, the decision of the authorized body to suspend the relevant transaction for an additional period is not received, on the basis of part three of Article 8 of this Federal Law, organizations carry out a transaction with cash or other property at the order of the client, if in accordance with the law Russian Federation no other decision has been made restricting the implementation of such an operation.

By virtue of clause 11 of article 7 of the Federal Law “On counteracting the legalization (laundering) of proceeds from crime and the financing of terrorism”, organizations that carry out transactions with money or other property have the right to refuse to execute a client’s order to complete a transaction, with the exception of transactions for crediting funds received to the account of an individual or legal entity, for which the documents required to record information in accordance with the provisions of this Federal Law are not submitted, as well as if, as a result of the implementation of internal control rules in order to counteract the legalization (laundering) of income, obtained by criminal means and financing of terrorism, employees of an organization carrying out transactions with money or other property suspect that the operation is carried out for the purpose of legalization (laundering) of proceeds from crime or financing of terrorism.

In accordance with Parts 3 and 4 of Article 8 of Federal Law No. 115-FZ of 07.08.2001, the authorized body issues a resolution to suspend operations with cash or other property specified in paragraph 10 of Article 7 of this Federal Law for up to 30 days in case if the information received by him in accordance with Clause 10 of Article 7 of this Federal Law, based on the results of a preliminary check, is recognized by him as justified (Part 3).

By a court decision, on the basis of an application from the authorized body, transactions with bank accounts (deposits), as well as other transactions with cash or other property of organizations or persons in respect of which there is information received in accordance with the procedure established in accordance with this Federal Law about their involvement in extremist activities or terrorism, or legal entities, directly or indirectly owned or controlled by such an organization or person, or individuals or legal entities acting on behalf of or at the direction of such organization or person, are suspended until such a decision is canceled in accordance with the legislation of the Russian Federation (Part 4).

In accordance with paragraph 2. 9 of the Terms of Use of Bank Cards of Sberbank of Russia OJSC, on the terms of which an agreement was concluded between the plaintiff and the defendant, the Bank has the right to suspend transactions using the card or its details to verify their legality.

By virtue of the above norms of the Federal Law of 07.08.2001 N 115-FZ, the restriction on the implementation of operations for the disposal of funds available on the account can be established:

- by the bank independently for a period of up to five working days from the date when the clients' orders for their implementation must be fulfilled (paragraph 10 of Article 7 of the Law of 07.08.2001 N 115-FZ);

- on the basis of a resolution received from the authorized body - for a period of up to 30 days (paragraph 3 of article 8 of the Law of 07.08.2001 N 115-FZ);

- by a court decision on the basis of an application from the authorized body of Rosfinmonitoring for a period until the cancellation of such a decision (paragraph 4 of article 8 of the Law of 07.08.2001 N 115-FZ).

The issuance of a bank card and the Client's ability to remotely manage the funds on the account when using it are the terms of the agreement concluded between the parties.

At the same time, no unconditional evidence providing the Bank to restrict the owner's right to dispose of his funds beyond the period established by law (Article 7.8 of the Federal Law of 07.08.2001 No. 115-FZ) was not presented to the court.

Despite the statutory obligation of proof, the Bank did not provide evidence of receipt of the decision of the authorized body or the court decision to suspend transactions on the bank card account of Konysheva E.G.

In the period from (date) (from the moment of blocking the card) and until now, the Bank does not perform any actions provided for by the current legislation.

Under such circumstances, the restriction to the present time of the plaintiff's right to use and dispose of his funds cannot be recognized as legal.

Blocking the card by the bank for a period exceeding five business days from the date when the client's instructions to carry out the transaction must be executed, in the absence of a decision of the authorized body or court to restrict the implementation of transactions with funds in the account, deprives the client of the right to remotely dispose of funds, therefore, violates his rights as a consumer of banking services on the terms specified in the contract.

Having examined and evaluated the evidence collected in the case in their totality, by virtue of the above legal norms, the court concludes that at present there are no legal grounds for preventing the owner from disposing of his money, there is no other evidence by the defendant, contrary to the requirements of Article 56 of the Civil Procedure Code of the Russian Federation presented, and therefore the requirements of Konysheva E.G. on the issuance of funds in her account (number), the court finds lawful and justified.

According to Article 15 of the Law of the Russian Federation “On Protection of Consumer Rights”, the moral damage caused to the consumer as a result of a violation by the manufacturer (performer, seller, authorized organization or authorized individual entrepreneur, importer) of consumer rights provided for by the laws and legal acts of the Russian Federation regulating relations in the field of consumer rights protection, is subject to compensation by the tortfeasor if he is at fault.

Since the court established the fact that the defendant violated the rights of the plaintiff as a consumer of banking services, there are grounds for recovering monetary compensation for moral damage from the defendant, which the court determines in the amount (Data depersonalized) considering this size reasonable and fair, taking into account the circumstances of the case.

In accordance with the requirements of paragraph 6 of Article 13 of the Law of the Russian Federation “On the Protection of Consumer Rights”, a fine in the amount of (Data depersonalized).

In accordance with the provisions of Article 103 of the Civil Procedure Code of the Russian Federation, PJSC Sberbank of Russia is subject to collection of a state duty to the income of the municipal formation "City of Kirov" in the amount of (Data depersonalized).

Based on the foregoing and guided by articles 194-199 of the Civil Procedure Code of the Russian Federation, the court

Oblige PJSC "Sberbank of Russia" to issue Konysheva E.G. funds in her account (Number).

recover from PJSC «Sberbank of Russia» in favor of Konysheva E.G. compensation for non-pecuniary damage in the amount (Data depersonalized), a fine of (Data depersonalized)

To recover from PJSC "Sberbank of Russia" a state duty to the income of the municipal formation "City of Kirov" in the amount of (Data depersonalized)

The decision can be appealed on appeal to the Kirov Regional Court through the Pervomaisky District Court of the city of Kirov within a month from the date of the decision in the final form.

The decision in the next case was also made on May 19, but in 2015, its essence lies in the fact that the VTB24 client won the court to restore credit limit, which was deprived (282 thousand at a rate of 19% per annum).

However, the bank did not want to voluntarily follow the court decision and the bailiffs had to initiate enforcement proceedings on this fact.

For non-execution of a court decision within a voluntary period, the bank was served with a demand, a warning about criminal liability for failure to comply with a court decision and a decision to collect a performance fee. A couple of weeks later, everything was done on the terms of the VTB24 client.

Each borrower seeks to repay obligations as soon as possible, but sometimes, under the power of circumstances, this becomes impossible. Faced with a situation where Sberbank sued for non-payment of a loan, what to do, what opportunities a citizen has - this is our article.

Here you can find advice on the correct and legal behavior of customers when the bank sued

Every borrower should be aware that credit organisation does not immediately resort to such unpleasant sanctions: enough time must pass for this. It is known that any institution involves judicial action as a last resort. This is understandable. Court costs sometimes do not bring the expected effect and are not commensurate with the amount of debt.

Sberbank sued for non-payment of the loan, what's next?

Usually, faced with delinquency, the bank takes the following steps:

• Calculates a penalty for each day.
• Applies penalties to especially inattentive payers.
• A few months later, he sends a proposal for restructuring.
• Files a claim.

Sometimes a late payment for an objective reason, the client finds himself in a hopeless situation. For example, it has the ability to pay a previously agreed amount, but cannot “close” fines. Due to non-payment of a fine, another one is sometimes charged, due to which the debt increases again. Once in such a situation, it is worth asking for restructuring yourself, rather than waiting for Sberbank to sue for non-payment of the loan.

Today, this procedure can bring such results:

• Changing the general term. This will result in a decrease in the amount of the monthly payment, but will increase the amount of the overpayment in general.
• Write-off of part of the fines, due to which it is not possible to fulfill their obligations.
• Changing the schedule. Taking into account the capabilities of the borrower, they can change the frequency or prescribe different amounts in different months.
• Postponement. This is rarely used today, but it is mandatory to be requested at the birth of a child.

Loan repayment and maternity leave

In order not to wait for the emergence of debt and the corresponding reaction of the bank to it after leaving for maternity leave, it is worth visiting the branch and providing information about the need to change the terms and procedure for repayment due to the birth of a child in the family, which led to a change financial condition. Under the law, the lender will offer a grace period of up to a year, and sometimes up to three, especially on mortgages.

Preparing for court - what you need to know?

If Sberbank sued for the occurrence of debt on a loan, what to do next, lawyers suggest.

Preparation of documents

In particular, you need to collect all the papers for the loan:

• Agreement;
• Checks for payments;
• An extract from the bank with information on the dates and amounts of payments, the timing of the accrual of commissions and fines.

The contract must be carefully studied in order to navigate the basic rules and conditions. This will help you not get lost in court. It is also worth visiting the branch and asking for the amount they require and an explanation of what it is formed from. This will help to understand the legitimacy of the requirements and prepare information for protection.

You also need to collect papers that will confirm the reasons for non-payment. It can be sick leave, work book, if the client has lost his job, a certificate of wage reduction, etc. By the way, you can even file a counterclaim if the client is sure that the institution's actions are illegal. For example, in the case when the loan is repaid, and due to a technical error, the bank continues to demand it.

First of all, prepare documents that will confirm the reasons for the loan debt.

Changing the payment schedule

If Sberbank sues for non-payment of a loan, you should not worry too much. Sometimes this is not the worst way out for the client. The court, of course, will side with the bank. But the client will be forced to pay the debt not one-time, but according to the most loyal schedule. At the same time, part of the bank's fines may not be satisfied at all or recognized as not mandatory (write off).

Deadline for filing an appeal

If the decision of the court does not satisfy the borrower, you must immediately file an appeal. The application is accepted before the expiration of the 10-day period. In this case, you need to request a more acceptable payment schedule.

Conclusion

None of the borrowers, after the conclusion of the loan agreement, initially plans to become a persistent defaulter. But anyone can have life situations that do not allow timely and in full to repay the debt. One of the ways to put pressure on an undisciplined client is to submit statement of claim to court. But even in this case, you can avoid unpleasant consequences if you try to negotiate with the bank: it is always interested in returning its own funds.