Today we will discuss a topic that worries so many citizens of the Russian Federation: “Protection of the borrower from the collector.” Everyone who takes a loan from a bank hopes that he will be able to repay the entire amount on time, including interest. However, life dictates its own laws, and the situation can develop in the most unpredictable way, for example, the debtor may lose his main income, have an accident or get sick.

Having once delayed a payment, or not paying the next amount on time at all, a person is subject to fines and penalties, as a result of which the debt begins to grow like a snowball. There comes a time when the question is raised about where to get the next amount to pay off the loan. Banks do not particularly like to contact the courts, and spend time, money and efforts of employees to start proceedings with every unscrupulous client. It is much easier to instruct third parties to collect the debt, or even resell it.

What rights do collectors have, and how can you protect yourself from their claims?

Not so long ago, debt collectors could call a debtor at any time of the day or night and threaten him and his family. Today, after making some clarifications and changes to the law, the debtor's life has become a little easier. What actions can the collector take without violating the law?

• Communicate in a regulated manner with any debtor accessible way(personal meeting, SMS, telephone conversations).
• Bring to the attention of the client the amount of his debt, as well as the amount of accrued fines and penalties.
• Report the terms and procedure for repayment of the loan.

Now we list those actions that are prohibited by law from collectors.

• Calls at night, including acquaintances, relatives or friends of the debtor.
• Actions aimed at seizing property belonging to the borrower.
• Threats of physical violence.
• Numerous calls and SMS demanding repayment of the loan.
• Prosecution of the debtor: meeting him near the house or work, an unexpected visit.

All this can be regarded as an interference in the privacy of a citizen and a violation of his constitutional rights.

How can you protect yourself from collectors?

First of all, you should not react emotionally to communication with representatives of the collection agency. The most important thing is to maintain at least the appearance of calmness and confidence. Don't give them a chance to intimidate you.

Important! Any threats, harassment and harassment by calls can be regarded as an administrative or even criminal offense. Therefore, if the situation has gone too far, contact law enforcement agencies, they are obliged to protect you.

However, you should understand that you will not be able to completely protect yourself from communicating with these persons until your loan is fully repaid. Therefore, if this has already happened, and you find yourself in a hopeless situation, contact the lawyers of Pravosfera, who can protect you from the attacks of collectors.

Law on the protection of the rights of borrowers

New law significantly limited the actions of collectors, and now debtors can relax a bit. Today, collection agencies are not allowed to hire people who have a criminal record. Any employee of this company must be entered in a specially created register. Main provisions of the law:

• Time limits. The collector has no right to disturb the borrower at night.
• Call limit. The collector can call the client no more than once a day, twice a week and eight times a month.
• Limiting the number of personal meetings. An agency representative cannot insist on meeting more than once a week.

Those employees who violate this law, and their supervisors who give them illegal orders, may be subject to an administrative case. Another provision of this law concerning the bank: the management is obliged to warn the borrower about the transfer of his case to collectors. Moreover, the client must confirm in writing his consent to communicate with representatives of the collection agency, or refuse, having identified his representative.

Pravosfera lawyers will help you protect yourself from debt collectors

In the event that trouble happened to you, and your promissory note was transferred to a collection agency, do not panic. Of course, this is very unpleasant, but everything can be solved. Contact us, and we will help you with advice on how to behave with representatives of this profession, but rather, transfer your authority to us, and sleep peacefully.

We will solve all your problems, in accordance with the laws of the Russian Federation, we will protect you from collectors and will not allow your personal life and the peace of your family have been disturbed. Many years of experience of Pravosfera lawyers allows them to guarantee the most favorable way out of the current situation for you.

The need for additional money always arises, and often people turn to the bank for this amount. Due to inattention or because of haste, when applying for a loan, the borrower does not always carefully read the loan agreement. Everyone can face the problem of losing a job, due to which they will not be able to make even repayment of the loan, or health problems will arise, which changes the payment schedule. In such situations, it is often necessary to protect the rights of bank borrowers.

Law on the protection of the rights of borrowers

In most cases, the borrower is unable to influence the terms of the loan agreement, and draws up a loan on the terms provided. Often, the contract may include conditions that violate the rights of the borrower:

• interest on the loan is charged on the entire amount, and not on the balance of the loan;
• when issuing a loan, a commission is charged;
• include compulsory insurance;
• inclusion of a commission for maintaining an account or issuing a loan;
• accrual of a penalty in excess of the amount of obligations;
• resolution of all disputes is carried out only on the territory of the bank;
• penalties for refusing to apply for a loan;
• a ban on early closing of the loan, a commission is charged for the estimated period of lending.

The Law on the Protection of the Rights of Borrowers “On Consumer Credit (Loans)” regulates credit relations. The law specifies the value of the maximum penalty in case of violation of the conditions, regulates the obligation of the bank to disclose the full cost of the loan, establishes a ban on penalties for early repayment of the loan.

Regulation of the rights of borrowers

Assistance in protecting the rights of loan borrowers is provided by Rospotrebnadzor. A substantiated complaint is submitted by mail, fax, e-mail, through a courier.

It is possible to protect the rights of the borrower by going to court with the recognition of the invalidity of the terms of the contract, even if it is terminated. Before going to court, you need to set exact requirements, formulate a statement of claim, and make payment of state duty.

The borrower can challenge his rights on his own if he has knowledge of the laws. But not always self-treatment helps to win the case, it is best to use the services of a qualified lawyer in credit cases.

How to avoid problems when applying for a loan:

• study the laws on the protection of the rights of borrowers, and have information about the authority of the bank;
• get a sample contract and payment schedule in advance for detailed study, on your own or with the help of a lawyer;
• ask questions to employees on all incomprehensible and doubtful points;
• determine for yourself the amount that will be possible to pay in the future;
• take into account that payment on a loan through other banks and mail may delay the receipt of payment, thereby causing a delay on the loan.

Protection of the rights of borrowers may not be necessary with the right approach to choosing a bank. Studying the details of the contract, carefully considering the points indicated in small print, asking questions in time before signing the documents will save you from unpleasant situations in relations with financial institutions.

The need to protect their rights may arise for everyone who has taken a loan. In a hurry to get a loan in order to solve pressing issues, citizens are not always attentive to the bank papers they sign. In addition, there may be a decrease in the client's well-being (loss of work, reduction in salary). This leads to a violation of the debt repayment schedule. As a result, difficult situations arise from which it is necessary to look for a way out. The person who knows where help can be found, overcomes troubles with a minimum of losses.

Law on the protection of the rights of borrowers

Registration and receipt of a loan, as well as its return, are regulated from 07/01/14 by the law of the Russian Federation "On consumer credit (loan)". Key provisions of this law:

• the maximum forfeit is determined in case of violation by a citizen of his obligations (up to 20% per annum, if interest for delay “drips”, otherwise - up to 0.1% per day);
• financial institutions are charged with the obligation to disclose TIC - the full cost of the loan, regulated by the Central Bank's standard;
• absolutely all restrictions on the repayment period are removed (penalties for early repayment of the loan cannot be set).

In addition to the specified Federal Law, these processes are regulated by:

• the Civil Code;
• Consumer Protection Law;
• Federal Law "On banks and banking activities";
• Code of Administrative Offenses of the Russian Federation, etc.

How banks violate the rights of borrowers

The rights of citizens are usually violated when contracts are signed with conditions that are contrary to the law. A few common cases, according to lawyers:

• commission charged for opening a loan account;
• calculation of interest on the entire amount of the debt, instead of the balance of the debt;
• the requirement to repay the loan before the due date, if the client's level has decreased wages, or he terminated the employment relationship;
• consideration of disputed issues in court at the location of the bank;
• imposing a fine if a citizen changes his mind about taking a loan;
• restriction on early repayment of the debt and charging a commission for it;
• allowing the issuance of paid certificates on the state of the client's debt to the bank.
• unilateral increase in the interest rate by the bank.

In these situations, the court positively resolved the case of the injured client.

Who protects the rights of borrowers

The borrower has the right to receive assistance from Rostobrnadzor.

You can file a valid complaint with your local office by:

• fax
• Email;
• sending by courier;
• mail (by registered mail, with notification).

Contacts can be found on the official website of the organization by going to the page with your region.

Although this is not the responsibility of the organization, Rospotrebnadzor has the authority to go to court in the interests of the consumer, the client of the violating bank. This is the best option, since the protection of the rights of borrowers will be carried out by a professional.

Protection of bank borrowers in court

You can apply to the court with a claim to recognize the terms of the contract as invalid, even if it has already been terminated. Term limitation period such cases is 3 years. Before filing a lawsuit against a bank in court, you must:

• define clear requirements (termination of the contract, recovery of unjust enrichment: commissions for maintaining an account, accrued interest on interest);
• prepare a claim;
• pay the state fee.

You can independently defend your interests in court, defending your rights before the bank. The downside is that few people know the legislative base in the field of law. In this situation, the plaintiff is more likely to help the bank win the case than to support himself. The best option is if the rights of bank borrowers are protected by a professional credit lawyer. The services of such an institution as the borrower protection center are gaining more and more popularity.

What is the work of the borrower protection center

The Borrowers' Rights Protection Center is a regional public organization. Its function is to provide legal assistance to individuals or legal entities in cases of bankruptcy or disputes with financial institutions.

Legal protection of bank borrowers is carried out at the following stages:

1. Pre-trial recovery:

• preparation of notifications for creditors about the impossibility of fulfilling obligations;
• requirements for litigation;
• an application to prohibit the processing of personal data;
• notification that there is an attorney, about changes in personal data.

2. Litigation - the lawyers of the Center prepare and send the required documents to the court.

3. Execution of a court decision - providing the necessary consultations, assistance in resolving emerging issues related to paying the debt to the bank.

To protect yourself from possible risks as much as possible, it is recommended to follow a few simple tips:

• study the laws relating to loans in order to have an idea of ​​​​the limits of the authority of a lending institution;
• before submitting an application, take a sample contract from the bank, the calculation of the TIC and the payment schedule in order to study it yourself or with the help of a lawyer;
• do not hesitate to ask questions to bank employees until you fully understand what is stated, especially in small print;
• do not sign if at least something is not clear or seems suspicious;
• measure the desired amount with your ability to repay the loan (the amount of free income);
• do not forget that payment through other banks or post offices is fraught with delays in the receipt of funds, which leads to delays.

A deliberate choice of a bank, a balanced approach to determining the loan amount, a scrupulous study of the documents proposed for signing, responsibility in fulfilling obligations - if these conditions are met, then protection may not be needed.

Very often, employees of credit organizations impose insurance, which causes negative feedback from customers. Although it Insurance Company"rescue" the client in the event of a force majeure event (death, illness, job loss, etc.) and assume the obligation to repay the existing loan. For the most part, it is precisely the misunderstanding of this fact that causes a sharp negative of customers who hear the word "insurance" when applying for a loan.

In essence, the financial protection program is credit insurance, and usually it is an agreement to join the insurance program, i.e. collective insurance. It can be canceled within 14 days according to the law. You can contact the lawyers and get a free consultation on the return

Quick refund for insurance

Differences between collective protection and individual insurance

A collective financial protection program is insurance for a group of people under the same conditions and against the same risks. At the same time, the initiator of insurance and the insurer is the bank, which concludes an agreement with the insurance company. The policy is issued in the name of a credit institution, and the client receives, at best, a certificate.

In essence, the financial protection program is an imposed loan insurance. Refuse the program and most likely they will not give you a loan (or they will, but at a rate twice as high). The main disadvantage of the program is the contract between the insurance company and the bank.
Although you pay for the program, you are not a party to the contract.

The essence of the collective insurance agreement is that a credit institution buys a financial protection program from the insurer for all its clients (current and future) at once. The bank's clients do not conclude separate agreements with the company, but join the already existing collective insurance agreement concluded between the bank and the organization.

Also, with collective insurance, the client cannot choose insured events, companies, or change the terms of an existing contract, choose its validity period, etc. Because he only joins the already concluded agreement.

With individual insurance, the borrower can choose a company from the list accredited by the bank, choose a specific package of services offered by the organization, term, payment procedure, etc. In this case, the insurance company will be the insurer, and the borrower will receive a full-fledged policy of the insured.

Sizes of insurances of various banks

Below is a table of the approximate amount of insurance for the TOP 10 largest banks in the Russian Federation with a loan of 200 thousand rubles

Bank	Credit amount	Compulsory insurance	Insurance/Loan amount
ICD	200000	50000	25%
Opening	200000	30000	15%
VTB	200000	24500	12,25%
Post Bank	200000	24000	12%
Citibank	200000	19200	9,60%
Alfa Bank	200000	18000	9%
Sberbank	200000	13200	6,60%
Binbank	200000	16450	8,23%
Unicredit	200000	15700	7.85%
Raiffeisenbank	200000	15120	7,56%
Rosselkhozbank	200000	10560	5.28
SMP-Bank	200000	10509	5.2545%
Gazprombank	200000	31220	15,61,%
Promsvyazbank	200000	40000	20%

As you can see, Promsvyazbank and MKB are the most greedy in this case, insurance is a fifth or a quarter of the loan.

Collective insurance on the example of Sovcombank: how to join it?

Sovcombank is one of the few credit institutions where collective insurance is very actively used, rather than individual insurance. Moreover, according to clause 3.5. "Insured Person's Reminders" payment for participation in the collective financial protection program is carried out at the expense of the received loan.

That is, if a person needs to receive 100 thousand rubles, and insurance premium is 25% of the loan body, then the bank approves a loan for 125 thousand rubles, of which:

• 100 thousand rubles issues to the client
• 25 thousand rubles retains itself as an insurance premium, and even accrues interest on this amount according to the rate established for the borrower.

Many experts believe that the collective financial protection program allows banks to hide the real cost of the service. If we turn to the terms of individual insurance agreements of large banks, then annually the client pays for insurance about 2-3% of the loan body, while under collective agreements banks rip off 25-30% of the loan body from people, regardless of the loan term.

This is due to the fact that the commission for participating in the financial protection program is not set by the insurance company, but by the bank. He has already entered into an agreement with the insurance company, paid “his” money for the service and can charge absolutely any fee for adding the borrower to the insurance program. In fact, financial protection is a typical rip-off and you don’t need it.

If we talk about the cost of participation in the collective insurance of Sovcombank, then it will not work to name a specific amount. The docs don't say anything about the size. insurance compensation or cost of services. This can only be guessed from the reviews of borrowers.

For example, Elena L. applied for a loan in the amount of 100 thousand rubles. for 5 years and paid 32 thousand for insurance for the entire period. According to the documents, Elena L. took out a loan for 132 thousand rubles.
Another borrower of Sovcombank received a loan for 250 thousand rubles. of which he gave 60 thousand rubles for insurance.

Moreover, almost all Sovcombank clients in their reviews on reputable resources claim that “voluntary” insurance was originally imposed by a bank specialist. Borrowers say that employees directly say that if you refuse insurance, the loan will not be approved.

A positive decision comes only if you join the collective financial protection program, which contradicts several laws of the Russian Federation at once (the right to choose, freedom of contract, the law on consumer protection, etc.)
And a person who urgently needs money in debt has no other choice but to agree to all the conditions of collective insurance, without even reading them, in order to receive money as soon as possible.

Why do you need insurance? What does she give?

The collective bancassurance agreement is most often used to insure the life and health of borrowers, although there are precedents for job loss, fraud, etc. In case of occurrence insured event The insurance company assumes all obligations to repay the loan.

In view of this, insurance is needed so that the burden of paying the debt does not fall on the direct heirs of the borrower, which is provided for by Russian law. In the event of the borrower's death credit debt passes by inheritance along with all property, and only by refusing to inherit, you can refuse to pay the loan.

Also, collective insurance will be useful in case of temporary or complete disability, if the corresponding reason is on the list. In this case, the loan will be paid by the insurance company and the borrower will not be disturbed by collectors, litigation and bailiffs, and his credit history will remain positive.

Is it possible to return the insurance?

Firstly, all borrowers who have concluded an individual insurance contract can terminate it within 5 days in accordance with the decree of the Central Bank, which entered into force on June 1, 2016. The five-day "cooling off period" does not apply to contracts with legal entities and on the agreements of the collective program of financial protection, since the insured is not the borrower, but the bank. So it is impossible to refer to this point and refuse collective insurance.

As a result of consistent work in this direction, the implementation of appropriate supervisory powers, thanks to the systematic participation in the judicial protection of the rights of consumers of financial services and the law enforcement practice developed in this way, a number of unfair destructive actions against borrowers were prevented.

All this made it possible to recognize a number of quite obvious obviously illegal actions of banks as illegal.

However, this did not lead to a complete improvement of the situation in the consumer lending segment, where citizens-borrowers still need to protect their rights and interests, both in administrative and in judicial order.

Thus, in the first half of 2013, officials of the territorial bodies of Rospotrebnadzor drew up 725 protocols on administrative offenses against credit institutions, and issued 533 resolutions on bringing credit institutions to administrative responsibility.

At the same time, the indicator of appealed decisions on administrative offenses by banks has noticeably decreased - if for the whole of 2012 there were 494 such facts, then for the first half of 2013 there were only 183.

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At the same time, the share of decisions of courts of first instance in favor of Rospotrebnadzor increased - 85% in the first half of 2013 against 82% in 2012.

However, more important is the dynamics of growth in the share of positive (i.e. in favor of the legal position of Rospotrebnadzor) court decisions at the stage of cassation appeal - if in 2012 this figure was at the level of 47%, then in the first half of 2013 it increased to 72%.

The main problematic issues in various "variations" still remain:

1) failure to provide or untimely provision of information on the full amount payable by the consumer under the loan agreement and the repayment schedule for this amount. Even if there is a payment schedule, the total amount of payments may not be available, and the loan agreement and the schedule itself are “overloaded” with information that is not addressed to the consumer and makes it difficult to understand the citizen’s obligations to the bank, while the entire text of the agreement is written in an “unreadable” font;

2) the imposition of additional ("related") services, including in the form of "mandatory" insurance;

3) misleading consumers about the legal nature of the agreements being concluded (replacing loan agreements with agreements on the use of "credit" cards);

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4) the involvement of so-called "collectors", as a rule, acting outside the legal field, sometimes using unacceptable means of intimidation, threats and coercion, etc.

1. Implementation banking operations produced only on the basis of a license issued by the Bank of Russia. The license lists the banking operations to which the given credit institution is entitled, as well as the currency in which these banking operations can be carried out. The license for banking operations is issued without limitation of its validity period and information about it must be presented visually at the place of conclusion of the agreement and indicated in the agreement.

Provision of financial services to the population (consumer, mortgage credit lending) is regulated by the Civil Code Russian Federation, the Law of the Russian Federation of February 7, 1992 No. "On Protection of Consumer Rights", the Federal Law of December 2, 1990 No. "On Banks and Banking Activities", the Federal Law of July 16, 1998 No. 102-FZ "On Mortgage (Pledge of Real Estate )", Federal Law of December 30, 2004 No. 218-FZ "On credit histories", documents of the Bank of Russia.

2. To make a decision on obtaining consumer credit it is necessary to obtain from employees of a credit institution, a bank, comprehensive information about all, without exception, the conditions under which lending is carried out, including payments related to obtaining a loan and its maintenance (repayment).

Remember! Your right to receive timely (prior to the conclusion of a loan agreement), necessary and reliable information is enshrined in federal law (Article 10 of the Law of the Russian Federation of February 7, 1992 No. "On Protection of Consumer Rights", Article 30 of the Federal Law of December 2, 1990 No. "O banks and banking activities). Such information includes, but is not limited to: providing information about the amount of the loan, the total amount payable by the consumer, and the repayment schedule for this amount. Read the terms and conditions of the loan carefully. Pay attention to the references contained in them to the tariffs for the provision of services by the bank, to lending programs. Request and study in detail information about these tariffs from bank employees. Making the best decision can be facilitated by studying the offers of several banks that issue consumer loans. The information obtained will allow you to compare consumer loan offers from different banks. Do not rush to sign documents. Before signing a loan agreement, carefully study it, consult with knowledgeable people. For these purposes, if possible, take the loan agreement home, study its terms more carefully, especially those establishing your obligations (obligations, responsibilities), make sure that the loan agreement does not contain conditions that you are not aware of or the meaning of which is not clear to you.

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It should be borne in mind that, according to the provisions of Article 178 of the Civil Code of the Russian Federation, “a transaction made under the influence of a delusion of significant importance” may be declared invalid by the court. At the same time, a misconception about the nature of the transaction or the identity or such qualities of its subject matter, which significantly reduce the possibility of its intended use, is of significant importance. In this regard, special attention should be paid to cases of possible misleading of citizens-borrowers regarding their obligations under transactions through the use of special terms in the contract (for example, "annuity payments") without disclosing their content. Try to find out their meaning.

When leaving an application for a loan in the bank, in the form proposed by the bank, please note that such an application is considered as your offer to the bank (offer) to conclude a loan agreement on the terms stipulated by this application. Acceptance (acceptance) by the bank of this application of yours will mean the conclusion of a loan agreement without additional notice to you of this fact.

After carefully studying the loan agreement, once again weigh all the pros and cons of obtaining a loan, calmly assess your ability to repay the loan on time and pay all due payments.

Remember! By signing the loan agreement (application-offer), you agree to all its terms and conditions and assume obligations to fulfill them, including repayment of the principal amount in due time and payment of all due payments, for non-performance (improper performance) of which the bank will entitled to file a lawsuit. Sign a loan agreement (other documents of the bank) only if you are sure that you understand all its conditions, you know exactly what payments and when you will need to make, and you are convinced that you can do it.

3. A credit institution (executor) must have a sign indicating the trade name of its institution, its location (address), mode of operation (Clause 1 of Article 9 of the Law of the Russian Federation of February 7, 1992 No. "On Protection of Consumer Rights") and indicate all this information in the contract.

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A credit institution must have a full company name and may have an abbreviated company name in Russian. The corporate name of a credit institution must contain an indication of the nature of its activities by using the word "bank" or "non-bank credit institution". A company name may contain foreign borrowings in Russian transcription or in transcriptions of the languages ​​of the peoples of the Russian Federation, with the exception of terms and abbreviations that reflect the organizational and legal form of a credit organization (Article 7 of the Federal Law of December 2, 1990 No. "On Banks and Banking Activity").

© Office of Rospotrebnadzor for the Voronezh Region, 2009-2018

Address: Voronezh, st. Cosmonauts, 21a

Consumer protection for loans

From the date of entry into force on 01.07.2014 of the Federal Law of 21.12.2013 No. 353-FZ “On Consumer Credit (Loan)”, consumer protection for loans has become differentiated depending on the date of conclusion of the consumer loan agreement.

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Under a loan agreement, a bank or other credit organization (creditor) undertakes to provide funds (credit) to the borrower in the amount and on the terms stipulated by the agreement, and the borrower undertakes to return the amount of money received and pay interest on it (clause 1 of article 819 of the Civil Code of the Russian Federation) .

Protection of consumer rights on loans can be carried out by: recognition of the right; restoration of the situation that existed before the violation of the right, and suppression of actions that violate the right or create a threat of its violation; recognition of a voidable transaction as invalid and application of the consequences of its invalidity, application of the consequences of the invalidity of a void transaction; indemnification; recovery of a penalty; compensation for moral damage; termination or change of legal relationship.

Protection of consumer rights on loans (consumer loans) concluded after 07/01/2014.

The specified Federal Law established that a consumer loan (loan) is money provided by a creditor to a borrower on the basis of a loan agreement, a loan agreement, including using electronic means of payment, for purposes not related to business activities (hereinafter referred to as a consumer loan agreement). (loans), including those with a credit limit.

Violation by the borrower of the terms for repayment of the principal amount of the debt and (or) payment of interest under the consumer credit (loan) agreement entails liability established by federal law, the consumer credit (loan) agreement, as well as the emergence of the lender's right to demand early repayment of the entire remaining amount of the consumer credit (loan). ) together with the interest due under the consumer credit (loan) agreement and (or) termination of the consumer credit (loan) agreement in the case provided for by this article.

In the event that the borrower violates the terms of the consumer credit (loan) agreement regarding the terms for repaying the amounts of the principal debt and (or) paying interest for a duration (total duration) of more than sixty calendar days during the last one hundred and eighty calendar days, the lender has the right to demand early repayment of the remaining amount of the consumer loan (loan) together with the interest due and (or) termination of the consumer credit (loan) agreement, notifying the borrower in the manner prescribed by the agreement and setting a reasonable period for repayment of the remaining amount of the consumer credit (loan), which cannot be less than thirty calendar days from the date of notification by the creditor.

In the event that the borrower violates the terms of the consumer credit (loan) agreement concluded for a period of less than sixty calendar days, on the date of repayment of the principal amount and (or) payment of interest for a duration (total duration) of more than ten calendar days, the lender has the right to demand an early return of the remaining amount consumer credit (loan) together with the interest due or termination of the agreement, notifying the borrower in the manner prescribed by the agreement, and setting a reasonable period for repayment of the remaining amount of the consumer credit (loan), which cannot be less than ten calendar days from the moment the creditor sends the notification.

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The borrower cannot be held liable for violation of the terms for repayment of the principal amount of the debt and (or) payment of interest, if the borrower complied with the terms specified in the last schedule of payments under the consumer credit (loan) agreement sent by the lender to the borrower in the manner provided for in the consumer credit agreement ( loan).

When performing actions aimed at extrajudicial repayment of the debt that arose under a consumer loan agreement, the lender has the right to interact with the borrower and the persons who provided security under the consumer credit (loan) agreement using:

1) personal meetings, telephone conversations (hereinafter referred to as direct interaction);

2) postal items at the place of residence of the borrower or the person who provided security under a consumer credit (loan) agreement, telegraph messages, text, voice and other messages transmitted over telecommunication networks, including mobile radiotelephone communications.

Other methods of interaction with the borrower or the person who provided the security under the consumer credit (loan) agreement, at the initiative of the creditor and (or) the person carrying out activities to repay the debt, can only be used with the written consent of the borrower or the person who provided the security under the agreement consumer credit (loan).

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Judicial protection of consumer rights on loans is carried out by filing a statement of claim in court. At the same time, consumers are exempted from paying the state duty in accordance with the legislation of the Tax Code of the Russian Federation.

You should be aware that in the individual conditions of a consumer credit (loan) agreement, by agreement of the parties, the territorial jurisdiction of the case may be changed at the claim of the creditor against the borrower, which has arisen or may arise in the future at any time before the court accepts the case for its proceedings, except for cases established by federal laws.

Protection of consumer rights for loans concluded before 07/01/2014.

Protection of consumer debtors on loans is carried out in accordance with the provisions of the Law of the Russian Federation of February 7, 1992 No. “On Protection of Consumer Rights”, the Civil Code of the Russian Federation, the Federal Law of the Russian Federation of December 2, 1990 No. “On Banks and Banking Activities”.

According to part 4 of Art. 29 of the Federal Law of the Russian Federation dated December 2, 1990 No. “On Banks and Banking Activities” under a loan agreement concluded with a borrower-citizen, a credit institution cannot unilaterally shorten the term of this agreement, increase the amount of interest and (or) change the order of their determining, increasing or establishing a commission fee on transactions, except as otherwise provided by federal law.

Over time, the courts have not uniformly assessed the questions of legality:

Imposing on the consumer the obligation to pay for services for opening and maintaining a loan account in connection with the provision of a loan;

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Collection of commission for issuing a loan;

Terms of the agreement on the right of the bank to unilateral change in the interest rate;

The terms of the contract on the mandatory conclusion of a life and disability insurance contract for the borrower;

Terms of the collection agreement Money for early repayment of the loan.

The scale of consumer lending is such that the number of disputes in this area is growing. Legislative requirements are not always observed both when concluding loan agreements and when considering disputes in courts. Accordingly, the protection of the rights of debtors on loans with all the variety of ways depends on the terms of the loan agreement and the fulfillment of obligations by the parties.

At the same time, a unilateral refusal to fulfill an obligation and a unilateral change in its conditions are not allowed, except as otherwise provided by law. A unilateral refusal to fulfill an obligation related to the performance by its parties of entrepreneurial activity, and a unilateral change in the terms of such an obligation are also allowed in cases provided for by the contract, unless otherwise follows from the law or the essence of the obligation.

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Provisions of the Law "On Protection of Consumer Rights" in the field of lending

Applicable Credit Consumer Protection Laws

The rights are fairly clearly and unambiguously spelled out in the Law of the Russian Federation dated February 7, 1992 No. 2300-I “On Protection of Consumer Rights”, as well as in the Civil Code.

You should study them or contact experienced lawyers for advice so as not to become a victim of unscrupulous banking institutions.

What is the law about?

If the bank does not comply with the provisions, then the terms of the agreement are contrary to established laws, as well as legal acts of the Russian Federation.

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In Art. 10 of the Law "On Protection of Consumer Rights" states that in loan agreement must contain the most important information on the loan. Namely:

The full cost of the loan (debt that the borrower has to pay);

Monthly loan repayment schedule.

The Civil Code of the Russian Federation (Article 819) states that banks and other credit organizations are obliged to provide the borrower with credit funds in the amount, as well as on the conditions that are fixed in the loan agreement. The borrower is obliged to repay the loan in full, as well as repay the accrued interest.

What violations do banks allow?

Consciously or unconsciously, but quite often it happens that the bank:

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To defend your rights, it is better to enlist the support of an experienced lawyer.

What can be achieved in court?

The Law on "Protection of Consumer Rights" in the field of loans issued in banks is implemented at the legislative level. Therefore, by going to court, you can achieve:

Reducing the interest rate, if it was set in violation of the law;

Return of insurance on the loan;

Return of funds that were collected illegally for the provision of services imposed by the bank itself.

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Refund of funds for insurance imposed by the bank at the time of conclusion of the loan agreement;

Reducing the amount of the monthly loan payment;

Reducing the amount of payments that arose as a result of the provision of incomplete information on the loan by a banking institution;

Return of funds with which the services imposed by the bank were paid, as well as receiving compensation for moral damage caused.

Good afternoon! When I took a loan from the bank, along with all the contracts, I was obliged to conclude an insurance contract. Rereading it at home, I'm trying to understand how the return of the loan insurance will work? Could you explain this procedure? Sincerely, Elena Sergeevna.

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Can they be imprisoned for a loan? How is the loan court proceeding and what results can it lead to? The answers to these questions in our article!

Good day! I would like to know what unpleasant surprises can be expected when repaying a loan. After all, it is obvious that on the way to a pleasant possession of a car, pitfalls accompanying a car loan will appear.

Loans individuals are issued on certain conditions and in the presence of a whole package of documents. But before turning to such structures, it is necessary to weigh all the pros and cons of such an action.

"Alfastrakhovanie MS" produces health insurance on the territory of the Russian Federation.

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Protection of borrowers' rights

The volume of operations in the consumer lending segment is steadily growing. All types of loans are in demand: targeted and non-targeted, secured and unsecured, long-term and short-term. However, in this financial area, the foundations of business ethics are often violated to the detriment of borrowers. The lending conditions contain provisions that violate the rights of consumers of financial products. The adoption of Law No. 353-FZ "On Consumer Credit" laid the foundation for regulating the relations of participants in transactions in the legal field.

Specifics of consumer lending

Consumer lending has its own specifics. In this segment, there are increased risks for banks associated with the possibility of non-return of resources or violation of the turnover period financial resources. At the same time, credit institutions receive the maximum level of income from the sale of these products, since consumer loans have an increased cost. Banks tend to transfer a significant part of the risks and costs to borrowers. Prior to the adoption of Law No. 353-FZ, creditors were unequal participants in transactions - a weak side. Due to the lack of clear provisions prior to 2014 defining the rules for granting loans, and the wording of the concept of “consumer credit”, transactions could lead to negative legal consequences that infringe on the interests of borrowers.

Traditional borrower mistakes

In the process of applying for and obtaining a loan, borrowers make a traditional mistake. In view of the widespread belief that the consumer cannot influence banking structures and has no right to amend the agreement, loan agreements are signed by borrowers without careful preliminary analysis and careful reading. Attention is paid only to the main points related to the amount, term and interest. This approach leads to negative consequences. Unrecorded additional commissions can significantly increase the amount of monthly obligatory payments, and the accrued penalties for violation of obligations under the contract can reach cosmic scales, measured in hundreds of annual percent.

The behavior of the borrower at the time of obtaining a loan has a psychological justification. In most cases, a potential borrower is focused on the end result - obtaining a loan. In view of the rather stringent requirements of banks, the very fact of loan approval is of primary importance, and the terms of its provision are perceived by the borrower as a secondary aspect in terms of importance. The euphoria passes and there comes a real awareness of the consequences of the "deed" in a calm home environment.

According to the provisions of the new law No. 353-FZ, the borrower has the right to refuse to use credit funds within 14 days. If it is a targeted loan - within 30 days. This approach allows borrowers to avoid rash decisions.

Public information on consumer lending conditions

The provisions of the new law made it possible for the borrower to influence the terms of the loan agreement. There are a number of general conditions that are strictly determined by the lender. Along with this, the contract must contain individual conditions that correspond to the financial and social status of the borrower.

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Consumers received the right to complete and reliable information about the terms of credit. It must be public and contain the following parameters:

• information about the creditor (name, contact details, legal address, official website, license number and other information that determines the right to conduct financial transactions),
• obligatory requirements for the borrower,
• list of documents required for consideration of an application for a loan,
• terms of consideration of the application,
• types of loans
• loan amounts,
• return periods,
• currencies in which loans are granted,
• delivery methods,
• interest rates,
• types and amounts of additional payments,
• the range of acceptable values ​​for the total cost of the loan,
• payment frequency,
• ways to repay loans and pay interest,
• the period during which the borrower has the right to refuse to use the loan,
• liability of the borrower and sanctions for non-fulfillment of contractual obligations,
• information for potential borrowers in foreign currency about a possible increase in expenses in rubles, due to exchange rate fluctuations,
• ways to determine the course,
• information about the assignment of rights of claims by the creditor to third parties or a prohibition on such actions,
• the procedure for providing information on the use of the loan by the borrower, if it is targeted,
• provisions for resolving disputes,
• standard forms with general terms of the contract.

It should be noted that all individual and general conditions in the loan agreement being concluded must comply with the official public information provided by the bank.

Legal restrictions for banks

The lender has the right to unilaterally change the terms of the agreement, if such action does not entail an increase in the size of the borrower's obligations. The Bank may reduce interest rates, cancel penalties or reduce their size. However, he must notify the creditor in writing of any changes.

The topic of the illegality of charging fees for servicing a loan account has been repeatedly raised in the media. Paragraph 17 of Art. 5 of the new Law No. 353-FZ blocked banks from receiving additional income for operations that are the direct responsibility of credit institutions. So, if the terms of the loan agreement provide for the opening of a bank account, then all operations related to servicing the loan should be performed FREE OF CHARGE. This applies to opening an account, issuing and crediting credit funds to it.

In addition, the bank is not entitled to receive remuneration for services that do not lead to the creation of property benefits for the borrower, as well as for the fulfillment of obligations imposed on a credit institution by the legislation of the Russian Federation.

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The procedure for repayment of problem debts

In the period up to July 2014, borrowers quite often faced the problem of increasing total amount debt exponentially if the deadlines for making mandatory payments were violated. Banks independently set the order of repayment of certain debt parameters. The first position was usually occupied by fines and penalties. Considering that the amount of sanctions was not limited, they could amount to amounts significantly exceeding the principal debt. The borrower fell into "bondage", he contributed significant amounts, but they went to pay off the accrued fines, and the principal amount remained untouched. Moreover, the debt increased due to the application of the compound interest system.

Law No. 353-FZ clearly defined the procedure for repaying bad debts.

Banks are required to follow the following order:

• interest debt,
• the amount of overdue principal debt,
• penalties,
• current interest,
• the current amount of the principal debt (within the current period and payment schedule),
• other payments, in accordance with the law or the loan agreement.

The law also sets a limit on the amount of penalties. They cannot exceed 20% per annum if the interest specified in the loan agreement continues to accrue as planned. If, for some reason, the bank does not charge current interest during the period when the borrower violates obligations (this may be provided for in the loan agreement), then the penalty may be 0.1% daily of the amount of outstanding obligations.

The loan agreement may provide for several ways to fulfill the obligations of the borrowers, but the bank is obliged to notify the free option at the location of the borrower.

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Full cost of the loan

In recent years, borrowers have been confronted with the concept of "effective interest rate". The Bank of Russia obliged credit institutions to calculate it and provide such information to consumers. However, not all banks complied with this requirement and many consumers could not understand the essence of this term. Potential Borrowers were guided by the size of ordinary interest rates. However, the total cost of using borrowed money, in most cases, exceeded the amount required to pay interest.

At the present, at the legislative level, banks are required to indicate the full cost of a consumer loan (TCP). It is expressed as a percentage and is placed without fail on the first page of the loan agreement in the upper right corner. In addition, it should be in a clear font of the maximum size. The UCS is placed in a frame, which must occupy at least 5% of the total area of ​​the first page of the contract. Such formalization requirements emphasize the importance of the CPS for the borrower.

PSK is calculated using a rather complex formula. The consumer should not burden himself with financial and arithmetic exercises. The bank is obliged to correctly calculate and provide the TIC to the consumer. The fairness of the accrual of TIC is controlled by the Bank of Russia.

The Borrower should understand that the calculation of the TIC will take into account all mandatory payments related to:

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• repayment of the principal amount of the debt,
• paying interest,
• additional payments to the creditor,
• payment for the issuance of an electronic payment instrument and its maintenance,
• payments in favor of third parties, if they are provided for in the contract,
• payment of insurance premiums, if the beneficiary is not the creditor.

The CPS cannot include payments due to claims federal law. In addition, payments that depend on the individual behavior of the borrower cannot be taken into account. These are payments related to improper or complete default by the borrower, or payments that are provided for in the contract, but their amount depends on the individual decision of the borrower. Also, payments related to the insurance of the collateral are not included.

The size of the TIC is regulated by the Bank of Russia. It cannot exceed by more than one third the average market value of TIC. The Central Bank quarterly calculates the average market value of TIC for all categories of consumer credit. This value is determined as a weighted average based on the performance of 100 or more largest creditors, or one third of the total number of creditors. This information is public.

Other features of the loan agreement

If the loan agreement provides for the services of third parties on a paid basis, including insurance, they can be included only with the written consent of the borrower.

The bank may refuse to grant a loan to a borrower without notifying the reasons. The consumer should be aware that the lender will send information about the refusal to the "Credit Bureau" without fail.

The agreement is considered concluded from the moment the funds are transferred to the borrower and subject to the consent of the parties on all points of the agreement.

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In some cases, the bank may terminate the contract ahead of schedule or increase interest rates. Such actions are possible when concluding contracts that require security in the form of valuable property or with targeted loans. In most cases, banks require the borrower to insure the collateral at his own expense. This condition must be stipulated in the loan agreement. A period of 30 days is provided for its implementation. If the borrower does not comply with it, the bank has the right to increase rates or terminate the contract. The threat of early termination may also extend to borrowers who have ignored the requirement intended use borrowed money.

Maintenance of the loan agreement

When concluding an agreement, a credit institution must provide the borrower with full information on the amounts and dates of mandatory payments, the procedure for their determination, broken down into components - principal and interest. Such a document is called a "payment schedule". If the agreement provides for variable interest rates, the bank must notify the borrower of any change in the amount in the manner provided for in the loan agreement. Also, when the amount of mandatory payments changes, the lender must provide the borrower with an updated payment schedule.

After the conclusion of the contract, the bank must provide access to information related to information on the fulfillment of obligations and the state of the debt.

Restriction of rights of collectors

The bank has the right to return the debt in court. However, he may enter into an agency agreement with legal entities that have the right to perform certain actions aimed at recovering the debt. Consumers are more familiar with the phrase "collection agencies". The new law put representatives of this type of activity within the legal framework and significantly limited the opportunities for "lawlessness" that burdened the lives of citizens in past periods. Currently, such organizations can interact with debtors only through personal meetings or telephone conversations. They have the right to send any text messages using the means of communication or traditional mail. They cannot abuse the right and take actions that could harm the borrower. In addition, during the period from 22.00 to 8.00 on weekdays and from 20.00 to 9.00 on weekends, they do not have the right to disturb the debtor.