The Banki.ru portal continues a series of publications about how bank employees collect overdue loans from individuals. Having gone through the debtors, the bank begins hard collection with a home visit and learns a lot of interesting things about the people to whom it once issued loans.

Mikhail, debtor tracing inspector at Home Credit Bank, says that on average he “processes” 35-45 loan agreements per week. “In 80% of cases, on the first visit there is no contact: either the debtor is absent or does not want to communicate with the bank representative, all that remains is to go to him until we establish contact,” he says.

As a rule, loans that are overdue from 30 to 200 days fall into the hard collection stage.

The bank does not limit the number of visits of the collector to the debtors. “There are no clear requirements for the number of visits,” says Yuri Khilko, head of the pre-trial collection department of HCF Bank. - First, the employee goes to the borrower’s actual residential address, then to the registered address, and also tries to find him at work. We, of course, recommend communicating with the debtor as much as possible, but the final decision remains with the creditor.”

The bank employee is trying to complete the work, that is, to return the loan received. He is interested in this because as a bonus he receives a good percentage of the amount collected - up to 10%, depending on the efficiency of the work done.

To understand how bank employees manage to convince debtors to repay their loans, a portal observer visited the debtors with them in the evening. It is in the evening, since, according to the collectors themselves, this is the best time to find clients at home. “Morning visits also have an effect,” says Mikhail. “In general, it should be noted that in winter we manage to collect better, since there is a greater chance of finding the debtor at home; in the summer everyone leaves.”

Mikhail selects several borrowers living in the same administrative district and begins the rounds. Debtors can be caught in about half of the cases; sometimes you have to communicate with neighbors. This is what happened at the first address: the borrower’s neighbor in the communal apartment opened the door, said that he did not know him, and asked “not to interfere with his life.” The neighbor refused the claimant's request to hand over a letter from the bank or at least place it under the door of the borrower's room. “This is atypical behavior,” Mikhail is surprised. “Usually our neighbors help us.”

The portal observer was convinced of the readiness of neighbors to assist in finding a borrower and transmitting information to him in the following examples. So, for example, an elderly neighbor of a borrower who owed the bank on a credit card talked about when she leaves, when she comes, with whom she lives, and so on. Detailed information about the lifestyle of another client who took out a laptop on credit was also provided by her neighbors. “It’s useless to tell her anything, she doesn’t listen to anyone, they would rather kill her already!” - the neighboring married couple added almost unanimously.

In a couple of cases, the debtors were still found at home. One of them turned out to be a 58-year-old man who took it, paid at first, and then stopped. He made excuses by saying that he had lost his job, divorced his wife and buried his mother. The actions of the collector in such cases are approximately the same: he persuades the borrower to find and pay 20% of the debt, and he will be provided with the remaining amount, otherwise the documents will be submitted to the court, and after the court’s decision the bailiffs will come to seize the property to pay off the debt. Often, a bank employee advises the borrower to contact relatives to help pay off the loan. During a conversation with the debtor, it turned out that his children, grandchildren and ex-wife lived in the apartment with him. But when the debtor asked him to borrow money from his ex-wife, the debtor sighed and replied that she “wouldn’t even give him a plate.”

“You can work with this borrower,” Mikhail concluded after the end of the conversation. “He is not homeless, he looks more or less decent, he said that he got a job, and most importantly, he promised to find the specified amount, it is quite possible that he will succeed.”

The second borrower, whom we managed to find at home, turned out to be more problematic: a torn T-shirt, an unkempt appearance, an apartment in disrepair. He bought a phone on credit at the beginning of this year, but it turned out that it had not been working for three years. At the same time, he tried to convince the bank employee that he had been deceived: they promised to get him a job if he took out the phone on credit. “I filed a lawsuit against them, now there will be a trial,” he said, noting that he uses the services of a lawyer for free.

“Most likely, he is deceiving us,” says Mikhail. “Even if he was deceived, he signed the agreement himself and knew that he was taking out a loan, so we will demand a refund from him in any case.”

According to Yuri Khilko, when visiting debtors, it turns out that there are clients who do not pay because they really find themselves in a very difficult life situation. “But a lot of people don’t pay because they don’t want to, you can work with those too,” says Khilko.

Mikhail says that most often people can be convinced to pay, warnings that bailiffs will come and seize the property, appeals to conscience that they will be ashamed in front of relatives are effective. But there are cases when the bank practically does not communicate with the borrower when submitting documents to the court, because there is no point in going around and persuading. As an example of such a borrower, Mikhail cites the head of the police department, who insolently refused to pay and made threats. “Communication with such borrowers is unsafe for a bank employee, so documents are filed with the court in an expedited manner,” adds Mikhail.

The bank's internal rules prohibit threatening borrowers. But collectors sometimes receive threats from debtors. “It happens that a person is simply aggressive, it happens that he threatens to kill himself physically, for example, I had a case when the debtor came out with an ax, but we managed to extinguish the aggression, we even agreed with him, he began to gradually pay off the debt,” notes Michael.

1. Is the bank obliged to promptly inform the borrower about the occurrence of a delay, or can the credit institution not remind itself for any time?

The bank’s obligations to inform borrowers about the properties of a financial service are limited to the requirements of Art. 10 of the Law of the Russian Federation “On the Protection of Consumer Rights”. This article, in particular, provides for the right of the borrower (as a consumer of a financial service) to receive complete and reliable information about the size of the loan, the full amount of the loan to be repaid, as well as the repayment schedule for this amount.
Such information is brought to the attention of the consumer at the time of concluding a loan agreement (Clause 2, Article 8 of the same Law).
The legislation does not contain other obligations to provide the borrower with information (including during the execution of the contract, in the event of a delay, etc.).
Moreover, the bank is not even obliged to issue the borrower a certificate of no debt upon full repayment of the loan, although most banks issue such certificates voluntarily.
The borrower can obtain information about the repayment terms of payments:
- from the loan repayment schedule issued to him by the bank (if the schedule is lost, you can request it again, motivating your request with the same Article 10 of the Law);
- by calling the bank's customer service;
- by ordering an additional SMS notification service (usually on a paid basis);
- by connecting to Internet banking (most banks offer it for free).
2. What are the consequences of overdue loan debt, besides a damaged credit history, calls from the bank and additional cash expenses in the future?
Actually, these are the main problems that the borrower faces.
As part of enforcement proceedings (i.e. after the court decision has entered into legal force), the following may be taken against the debtor:
- inventory and seizure of property (moreover, the property is described at the borrower’s registration address, and there are often cases when a bailiff describes the property of other persons who subsequently have to file a claim to exclude the property from the inventory);
- ban on travel outside the territory of the Russian Federation.
In addition, bank employees, collectors and bailiffs go to the debtor’s address and send letters to his place of work.
Recently, some banks have been practicing repeated filing of claims against borrowers: for example, if the last payment was late, the bank went to court and recovered the loan amount, interest and fines from the client. The collection procedure took several months. Having received the collected amount, the bank again goes to court and demands to collect interest for the period of the trial - at the same rate agreed upon by the parties in the loan agreement.
There are disputes about the legality of this practice, but personally I think the approach is quite justified: the borrower used the money received as a loan not only before, but also after the bank filed a lawsuit, and even for some time after the court’s decision.
Well, it should be noted that some banks that specialize in consumer lending establish in their standard agreements a specific procedure for distributing each monthly payment (for example, first penalties and fines, then interest on interest, then planned interest, and lastly the loan body ) that if you miss one payment, you will subsequently pay the bank only interest, and the loan amount will not only not decrease, but sometimes even grow. In some cases, you can get out of bondage only by filing a claim with the bank for recalculation of payments.
3. In what cases, if there is a delay, does the bank put the collateral property up for sale? Is this issue regulated by law, or can the bank act at its own discretion? Does the bank have the right to sell an apartment if this is the borrower’s only place of residence? Roughly speaking, does the bank have the right to send the borrower to live on the street?
In general, if the borrower’s obligation to repay the loan is secured by collateral (an apartment, vehicles, etc.), the bank has the right, if the amount of debt is comparable to the value of the pledged property, to foreclose on it. Such action is carried out exclusively in court, unless otherwise provided by the agreement between the parties.
However, if the collateral is a residential premises, which is the only one suitable for living for the borrower, it is impossible to evict him from such premises, since Art. 40 of the Constitution of the Russian Federation guarantees everyone the right to housing, which, according to the position of the Constitutional Court, has indisputable priority over the right of the creditor (bank) to repay a monetary debt.
The only exception is the case when housing (even the only one) was pledged under a mortgage agreement. In such a situation, it is permissible to confiscate the debtor’s housing, in exchange for which he is provided with residential premises of a flexible fund for temporary residence.
4. In what cases does an inventory and sale of the borrower-debtor’s property take place?
Inventory, seizure and auction of the debtor's property can be undertaken by a bailiff in the manner of enforcement proceedings (i.e. not before the court decision enters into legal force).
In accordance with the Federal Law “On Enforcement Proceedings,” the bailiff is obliged, upon receipt of the writ of execution, to familiarize the debtor with the decision to initiate enforcement proceedings, giving him a period of time for voluntary compliance with the court’s demands. If the debtor’s demands are not fulfilled (but he is familiar with the decision to initiate proceedings by the bailiff), coercive measures are possible against the debtor, incl. inventory and seizure of property with its subsequent sale at auction.
5. What to do if the delay arose due to a delay in payment of wages? Is it possible to pay off a debt without penalties if I provide supporting documents from my place of work? And what documents should these be? In this case, will the bank really cooperate only once?
Delay in payment of wages, other payments and benefits, even if there is a court verdict against the employer, does not relieve the debtor from timely payment of the loan.
Judicial practice does not recognize such an event (up to and including the dismissal of the borrower, even an illegal one) as a significant change in circumstances that could lead to a change in the loan agreement. The borrower, theoretically, has the opportunity to protect his rights with the involvement of a trade union organization, in the Rostrudinspektsiya, in court, or get a job in another job.
However, most banks are ready to accommodate a borrower who is faced with difficult life circumstances, especially if this situation has arisen for the first time and there have been no delays in loan payments before. Naturally, the more supporting documents you have on hand, the greater the likelihood of convincing the bank not to charge interest on late payments (a certificate from the company’s accounting department, an order from a state labor inspector stating the fact of a delay in wages, materials from a prosecutor’s inspection against the employer, etc. will help .).
6. What to do if delays in salary payments occur systematically? Is it possible to “push forward” the repayment date of the monthly payment by agreeing on this with the bank?
Agree - yes. Forcing the bank to change the previously agreed payment schedule is a no-no.
7. Does the bank have the right to demand early repayment of the entire outstanding loan amount with interest if there were several late payments? In general, does the law provide for any cases when the bank has the right to demand early repayment of the loan balance in full?
Yes, the bank has the right to demand early repayment of the entire loan amount with interest, and at the first delay in making the next payment (Article 811 of the Civil Code of the Russian Federation).
However, bank management understands very well:
a) it is almost impossible to obtain from the borrower an immediate return of a significant amount of funds that he borrowed precisely because of his own financial difficulties: the legal dispute will last several months;
b) neither the borrower himself, nor his friends and acquaintances will ever use the services of this bank again.
Therefore, demands for early loan repayment are made in exceptional cases.
However, this is not always true for mortgages. Real estate prices are rising and the bank may be tempted to reclaim the property pledged as collateral from the borrower. Therefore, compliance with the mortgage payment schedule must be taken especially seriously.
8. Does the bank have the right to transfer the borrower’s debts to collection agencies?
Until recently this was a common practice.
However, Resolution of the Plenum of the Supreme Court of the Russian Federation dated June 28, 2012 No. 17 clarified that assignment of the borrower’s debt is possible only in two cases:
- if the right of claim is transferred to an organization that has a banking license (i.e. to another bank);
- if the loan agreement expressly states that the debt can be transferred to a specific collection agency.
In any case, the bank is obliged to notify the borrower in writing that his debt has been assigned to another organization. If the bank has not done this, it is not necessary to respond to calls and letters from collectors (who often turn out to be “pseudo-collectors”).
9. Is it possible to correct my credit history? For example, there were delays, but the loan was closed ahead of schedule and all fines were paid. Is it possible to do something or will the loan remain listed as a loan in arrears?
If deliberately false information was entered into your credit history, you can challenge it, among other things. and in court.
If obligations to the bank are settled, it is obliged to enter the relevant information into the credit history.
10. Do the courts really accommodate borrowers halfway and reduce too large a fine, referring to the Civil Code of the Russian Federation, which contains a clause stating that the penalty (penalty, fine) must be proportionate to the damage caused?
Yes, this is true, therefore in many cases (when penalties significantly exceed the amount of debt) it is more profitable for the borrower to resolve the issue in court than to pay constantly accrued interest.
You can see the actual practice (the amount of fines that the bank demanded was reduced by the court by 19 times)

Key. They have no choice but to threaten. There is only one legal option - COURT! Everything else is a traveling circus or scarecrows for those who do not yet know their constitutional rights. Remember once and for all - the bank will do everything and always to extract and maximize its profits! If he could drive you and me into slavery, he would do it! If he could call the police, police, special forces to you, he would do it, if he could describe your property, he would do it. In 99% of cases, the bank and or collection agency does nothing just because they have no right to do so! It will use all its methods by which the bank can speed up the receipt of overdue payments from you in increasing order: SMS information, auto-informer, call from the call center, calls from the collection department, call from the security service, calls from the collection agency and so on. All this will happen because he has these means at his disposal. Russia is too huge, so everything is arranged differently everywhere. Collectors probably come to someone, freely knock on houses and apartments and pretend that the three of them are doing something. These could be small towns, villages, and for some the dialogue went in such a way that there was only COURT and nothing else! When you explain to the bank and or the collectors what and how and you say - guys, only the COURT, the rest is not an option, although you can try at your own peril and risk, then most likely the case will end with the expiration of the SID (statute of limitations) or a lawsuit with the bank or the company that he assigned the rights of claim on your loan. Visiting groups promise often and a lot. In reality, nothing happens 99% of the time. Nobody comes, tinted Gelenwagens don’t arrive. Oh, it’s a pity... Neither the bank nor the collection agencies have any legal grounds to send out groups and cannot have them. Your debt is a civil legal obligation and relationship. When it comes to all kinds of threats, “let’s talk face to face,” “We’ll come and explain everything,” then sometimes criminal legal relations begin. For them, at least, according to collectors or bank employees, there is a prerequisite. For your debt, there is civil legal proceedings, which are described in detail in the Code of Civil Procedure of the Russian Federation (Civil Procedural Code of Russia), there are no visits or seizure groups there. That is, neither the police, nor the police, nor the GRU special forces, nor the FSB, no one is allowed to come to you for your debt, knock on your doors, yell: “Come out!” Since such actions are prohibited by the authorities, what to think about ordinary banks and LLCs, ZAOs. Obviously they do not have the authority to do all these actions, which means they are acting illegally. What can you advise if they do come to you? There are plenty of options. The first option is to film everything. Now cameras cost pennies, technology is getting cheaper, and installing a small camera that would monitor your door, and a piece of the site next to it, is not a problem. There is a video peephole with recording, cameras in the doors with or without microphones. Video and audio recordings are evidence. They may not always be accepted, but this is already material on which the prosecutor’s office and the police can try to work, even if the latter did not catch the “collection and banking special forces” on the spot. The second option is to simply say through the door that all issues will be resolved in court, all information should be sent to them by mail with notification. And add that YOUR LAWYER will familiarize yourself with this data. If this doesn’t help and someone starts crossing somewhere, warn or not warn and call the police. Option three - don’t say anything, don’t explain anything - call the police. Someone is standing at your door, you didn’t call them, you don’t know, there are three of them, they are knocking, saying something or just knocking. You never know, they check the apartments of the “huts they graze” to see if anyone is in them or not, so that they can rob them later. When the police arrive, you go out. Option four - I left it for later in order to first do without any - I'm a man, I'm Rambaud! Remember that you may not be alone in the apartment. Consider the possibility that these are neither collectors nor bank employees, they could be criminals. The probability is small, but still there. You are still alone, there will obviously be more of them, well, because they are cool and strong. The law clearly establishes what housing and residential premises are. Its protection and inviolability are enshrined in the Constitution in Article 25 "Dwelling is inviolable. No one has the right to enter a dwelling against the will of the persons living in it, except in cases established by federal law, or on the basis of a court decision." Remember that we are talking about housing. The landing, vestibules, entrances are not your home. Simply put, if someone broke into your place and you seriously knocked out a person or even crippled him, this is one thing, and the same act in the entrance and even on the landing in front of your door is completely different. The second option is much worse for you from the point of view of any problems with the Law. So playing Rimbaud on the court, especially without video recording, against three people is an extremely controversial point. Remember that the second or second and third collector or bank employee will quickly turn into witnesses. They will say that you attacked their colleague. Do you need it? If one of them is a former unscrupulous policeman, then he will tell them how to do it at once. Another point that should be taken into account is that the door is the echelon of your defense, the echelon is very strong and strong, if you think that you are stronger than it, try to break it with your hands, legs, shoulders, head. It's unlikely you can. Now almost everyone has a metal door. Don't reduce your defenses. Defense must be layered. This is the basis of military science. With banks and collectors, you, alas, are at war, this is a struggle, and as practice shows, both banks and collectors can resort to all sorts of tricks, meanness and other things, just to win it. Call the police if you have doubts and uncertainty, remember that if you are dragged around by investigators and courts, you will not bring anything useful to your family, yourself, or anyone.

Finding yourself in debt these days is not so difficult. The economic crisis is adding to the list of debtors every day. From the very first days of non-payment, everyone who finds themselves in captivity of loan obligations discovers the true face of bank employees. If just yesterday you were a privileged client of the bank, and upon entering the bank you were smiled and greeted while standing, then today everything can turn upside down.

Despite the fact that the borrower has been paying regularly and on time for many years, as soon as he has financial difficulties, they begin to call him a fraudster, a persistent defaulter, a swindler, etc. Bank employees dealing with problem debts come up with all sorts of things just to scare the debtor and force them to pay by any means necessary. It doesn’t matter where and how the debtor gets the money, as long as he brings it to the bank, regardless of the amount. Well, okay, we can talk about methods of “knocking out debt”, but now I want to dwell specifically on whether bank employees can go to the debtor’s home and describe his property?

If you have a loan debt, then you have probably already heard threats that a team is now coming to you to inventory your property, or even this: the task force’s visit is scheduled for such a time to inventory your property, be sure to be at home, - SMS messages are sent to the defaulter’s number. And people ask for time off from work, wait, believe, being in fear. So, in these cases I would like to reassure you. Bank employees do not have any rights not only to describe the debtor’s property, but also to enter his apartment.

They, of course, can come, but only to remind the debtor verbally or in writing about his debt obligation. Banking employees or collectors have nothing to do with the debtor’s property, except in cases where the property is pledged to the bank. So, if you are informed that a visit has been scheduled at your address and that your property will be described in the next few hours or days, take such a statement calmly. And if there is a desire to punish deceivers, then you can bring them to justice under the article “extortion”.

Can bank employees visit the debtor and describe the property?

Remember one very important point: the debtor’s property can only be described by bailiffs who act on the basis of a writ of execution. And the writ of execution will be handed over to the bailiffs only after the trial on the bank’s claims to collect the loan debt has passed and the decision has been made in favor of the bank. Until a court decision is made, neither bankers nor collectors can and do not have the right to demand payments from the defaulter through threats and misrepresentation. It is their right to remind, I repeat again, so that it is better remembered. They cannot present anything else to the debtor. Therefore, if you have been promised an inventory of property, let them know that you do not mind, but you will only open the door to the bailiffs and only after the trial. Never listen to delusional promises and, moreover, do not give in to panic, because this is exactly what the creditors are trying to achieve. Keep your nerves calm and don't be afraid of judgment. Well, if you still have questions, join the conversation on our debtors forum, share your story and experience of communicating with bank employees. Good luck in solving your financial problems!

What to do if there is a current overdue loan payment? Is it possible to get a credit card with overdue loans? What can a bank do if a loan is in arrears for a long time?

Hello, dear readers! With you is one of the HeaterBeaver experts - Alla Prosyukova.

The topic of the new article, I am sure, will be of interest to many, since it is devoted to overdue loans.

According to the Bank of Russia, overdue debt for all types of loans to individuals currently amounts to 892,770 million rubles, and every fourth Russian has problems fulfilling debt obligations. In this regard, the topic of late payments is difficult to overestimate.

Let's look at this pressing issue together.

1. What is arrears on a loan and what does it mean for the debtor?

When applying to a bank for a loan, each potential borrower is confident that if he receives it, he will be able to pay monthly payments to repay the debt.

Unfortunately, plans are not always destined to come true. Various circumstances can make adjustments even to the intentions of obligatory payers.

For example, wages were not paid on time, but there is no free cash, and there is nowhere to borrow. In such a situation, the loan payment remains unpaid, that is, it becomes overdue.

This is a missed date for the next payment.

Delay is a very undesirable fact that entails unpleasant consequences.

Consequences of delay:

• even 1 day of delay can ruin your credit history and complicate obtaining loans in the future;
• For each day of delay, penalties are charged;
• The agreement provides for the accrual of penalties.

2. What are the types of loan arrears - 4 main types

Delay is different. They differ depending on the number of days that have passed from the date of payment.

Based on this, delays can be divided into 4 types.

Type 1. Minor delay

A minor delay is usually calculated from 1 to 3 days. Such a delay entails minor consequences for the borrower, which are usually limited to a one-time fine of no more than 300 rubles, a reminder call about the delay, and sending SMS messages for the same purpose.

Remember! The bank has the right to impose a fine for late payments only if this is stated in the loan agreement.

Type 2. Situational delay

Situational delay occurs when the borrower fails to pay the loan from 10 days to 1 month. Such delays rarely occur due to simple forgetfulness. It is usually caused by some force majeure event, for example, the borrower was hospitalized.

At this stage, a specialist from the bank’s credit department calls the borrower and tries to clarify the situation. I recommend not ignoring calls. It is better to discuss the problem with a banking specialist, determine the timing of debt repayment, and clarify the deposit amount.

If you are convincing, voice specific deadlines within which you will close the overdue payment, and the bank specialist feels your sincere desire to solve the problem within the agreed time frame, then the bank will not bother you before the expected date.

Type 3. Problematic delay

If the delay lasts from 1 to 3 months, then it is defined as problematic. In this case, the credit department transmits the information to the debt collection service. Very often at this stage the bank's Security Service gets involved.

Here, debt collection methods become more diverse and depend on the rules adopted in each specific bank.

Ask the bank:

• consider deferring payments;
• cancel penalties;
• restructure debt.

Restructuring is real. And try to visit the credit institution as often as possible, try to find a way out of this situation in every possible way.

Type 4. Long-term delay

The most problematic is considered to be long-term delay. Non-payment of the loan in this case is more than 3 months. In this situation, the bank's service dealing with arrears and the legal service prepare documents for debt collection through the courts. There is also a high probability of debt being sold to collectors.

At this stage, I recommend contacting professional lawyers specializing in banking proceedings, since the bank is already reluctant to make any concessions and agrees only to full repayment of the entire amount of the remaining debt.

Professional lawyers very often find some inconsistencies in the loan agreement that can significantly ease your credit burden.

In addition, an experienced lawyer can often convince the court during the trial to recover from the borrower only the “body” of the loan without bank fines and penalties. This becomes possible in cases where fines and penalties exceed the loan itself.

3. How to act if your loan is overdue - step-by-step instructions

If you have encountered a problem in the form of a credit delay, do not panic.

Remember that there are no hopeless situations. Take into account the action plan I have proposed.

Step 1. We contact the creditor with a request for debt restructuring

A way out of this situation may be your application to the bank for debt restructuring.

Try to submit your application before the amount and period of delay become significant. In this case, there is a high probability of receiving a positive decision from the bank.

If the decision is positive, you will be able to:

• avoid litigation;
• resolve the issue of penalties;
• reduce your monthly loan burden.

Step 2. Get a consultation

Having decided to stop the growth of arrears through debt restructuring, ask bank specialists to advise you on this issue.

Find out what types of restructuring the bank can offer specifically in your case. What documents are needed to consider the issue. Are there any other ways to solve your problem at this stage?

Such a consultation will allow you to find the best solution to your overdue issue and will help you prepare your application and all the necessary documents faster and with better quality.

Step 3. Provide the necessary documentation

In addition to the application for debt restructuring, the bank will need some documents. Usually it is necessary to provide a passport, a loan agreement, and a 2-NDFL certificate.

Additionally, the bank requests documents confirming the reason for the debt.

Such documents may be:

• certificate from the hospital;
• work book with a record of dismissal;
• a certificate from the employment fund confirming that you are registered as unemployed.

Step 4. Waiting for approval of the restructuring

After submitting the full set of documents, you will have to be patient while waiting for the bank’s decision. According to general practice, the bank makes a decision quite quickly - within 1-7 business days, because an increase in overdue debt is also unprofitable for it.

If after a week you have not received a response from the bank, do not hesitate to remind yourself. Unfortunately, there are still cases when, having made a negative decision, the bank “forgets” to inform the borrower about it.

Step 5. Get a new payment schedule

Based on your application, a positive decision has been made and now you need to visit the bank, sign a new agreement and all the necessary papers.

One of the documents will be a payment schedule drawn up based on the new conditions. The graph immediately shows how much the monthly loan load has changed.

Example

Tatyana Smirnova is a resident of the town of Buinsk, which is located on the territory of Tatarstan. She inherited a small apartment from her grandmother. However, the apartment required renovation.

The girl, without thinking twice, took out a loan from Sberbank in the amount of 100 thousand rubles. for a period of 1 year. Along with the agreement, Tanya received a payment schedule, according to which the total monthly payment was 8884.88 rubles.

Payment schedule for Tatyana Smirnova’s consumer loan:

Month number	Principal payment	Loan interest	Total monthly
1	7884,88	1000	8884.88
2	7963,73	921,15	8884.88
3	8043,37	841,51	8884.88
4	8123,80	761,08	8884.88
5	8205,04	679,84	8884.88
6	8287,09	579,79	8884.88
7	8369,96	514,92	8884.88
8	8453,66	431,22	8884.88
9	8538,20	346,68	8884.88
10	8623,58	261,30	8884.88
11	8709,81	175,07	8884.88
12	8796,88	87,97	8884.88
Total	100000,00	6618,53	106618,53

For Tatyana, this was a completely manageable load, because she had a good permanent job and a good salary. Tanya worked as a senior administrator in one of the local restaurants.

But that was until she broke her leg. A month later, while still in the hospital, Tatyana realized that the moment would soon come when she would have nothing to pay off the loan with.

In order not to let the matter become overdue, Smirnova turned to Sberbank with a request to restructure the loan. After 10 days, the bank made a positive decision on Tatyana’s application.

Having visited Sberbank, Tatyana received a new payment schedule, in which the monthly payment was reduced by increasing the term to 2 years.

Payment schedule after restructuring:

Month number	Principal payment	Loan interest	Total monthly
1	3707.35	1000.00	4707.35
2	3744.42	962.93	4707.35
3	3781.87	925.48	4707.35
4	3819.69	887.66	4707.35
5	3857.88	849.47	4707.35
6	3896.46	810.89	4707.35
7	3935.43	771.92	4707.35
8	3974.78	732.57	4707.35
9	4014.53	692.82	4707.35
10	4054.67	652.68	4707.35
11	4095.22	612.13	4707.35
12	4136.17	571.18	4707.35
13	4177.53	529.82	4707.35
14	4219.31	488.04	4707.35
15	4261.50	445.85	4707.35
16	4304.12	403.23	4707.35
17	4347.16	360.19	4707.35
18	4390.63	316.72	4707.35
19	4434.54	272.81	4707.35
20	4478.88	228.47	4707.35
21	4523.67	183.68	4707.35
22	4568.91	138.44	4707.35
23	4614.60	92.75	4707.35
24	4660.68	46.61	4707.35
Total	100000,00	12976.34	112976.34

After this, the loan burden for Tatyana became quite manageable. And the fact that the term of the loan and the overall overpayment on it had increased did not frighten the girl, since she planned to close this loan ahead of schedule, fortunately, the terms of the agreement allowed this.

Step 6. Renew the contract on new terms

After reviewing the new payment schedule, sign a loan agreement under the new conditions.

Read it carefully, clarify all unclear points and wording, and only then put your signature.

• the newly concluded agreement must contain a clause stating that the previous agreement loses legal force and is closed;
• the new agreement should not contain a clause on the possibility of making a unilateral decision to increase interest rates on a given loan.

Resolving issues with overdue credit debt often becomes an unbearable burden for the average person. In such cases, it comes to the rescue.

Professional legal assistance, including on issues of loan arrears, can be provided to you by specialists from the legal online service “Pravoved”.

“Pravoved” is a team of professionals working in all legal fields. High-quality lawyers work throughout Russia, in different time zones, which means clients can receive high-quality legal support around the clock. Using the service is very simple: you can ask a question in the online chat on the website, or you can call.