Car loan program. Term Interest What is Term Interest
Addressee" href="/text/category/adresat/" rel="bookmark">addressee at the specified address, about which the organization postal service or express delivery informed the sender of the notice.
A party to the Agreement is also considered to have received the notification properly if the addressee refused to receive the notification and this refusal was recorded by the postal service or express delivery organization.
8.5. The Borrower confirms that he is familiar with the terms of this Agreement before signing it, all the terms are clear to him, and that the terms of clause 4.5, clause 5.4.5, clause 8.6, clause 8.7 as amended by this Agreement are included in this Agreement with his consent.
8.6. The Borrower gives / does not consent to the provision by the Lender to the bureau of credit histories (registered in accordance with the legislation of the Russian Federation) of information about the Borrower in the amount provided for in Article 4 of the Federal Law "On Credit Histories" of 01.01.2001.
8.7. Disputes and disagreements arising in the process of execution of this Agreement are subject to consideration (choose what you need) :
- in the Gagarinsky District Court of Moscow ( this condition included with the consent of the Borrower).
- in a court of general jurisdiction in accordance with the law Russian Federation (this condition is included if the Borrower refuses to include the previous condition).
8.8. This Agreement is made in two copies, one for each of the Parties, having the same legal force.
9. Location and Bank details Parties
Creditor | Borrower |
Name: BANK", Location: , str. 1, Tel./ C/C at the OPERA of the Moscow GTU of the Bank of Russia, Chairman of the Board of the Bank" ________________________/_____________/ | Full Name _ Date of Birth: "___" ____________ ___ of the year, Passport data: №___________________________________________ Issued by _______________________________________ _____________________________________________ Registration address: _____________________________________________ Actual residence address (correspondence address): _____________________________________________ Phones: Home ____________________________; Worker ______________________________; Mobile _____________________. ________________________/_____________________ Signature Full name ___________________________________________________________________________________________/ |
When there is a need for money, we only think about how to get a loan. But about the repayment of the loan, as a rule, there are no questions. It seems that it is quite simple - I will go and cry. But how, when, where and to what extent? Thus, already at the stage of obtaining a loan, the borrower should think carefully about its return. It does not hurt to find out about the possibility of early repayment of debt on a loan, about available ways repayment with and without a commission, about the possibility of prolongation (including restructuring and refinancing), about the date and amount of the next installment, about possible penalties from the lender in case of delay (anything happens), and, finally, about in what order, the money accepted by the bank (MFO) from the borrower will be extinguished. And it's not full list information to be aware of.
We must know our rights and obligations, which are given to us not only by the loan agreement, but also given to us by legislation, in particular, federal law No. 353-FZ “On consumer credit (loan)” (we wrote about it in detail). By the way, without exaggeration, it can be called the bible of every debtor.
In the article, we will talk about the main nuances that a borrower may encounter during loan repayment, and give some tips on how to repay the loan correctly.
Interest calculation procedure
Any loan begins with an agreement, but even before its execution, the borrower may be offered to choose a repayment scheme. Two schemes are known: differentiated and annuity. Recently, the borrower is less likely to make his choice in favor of the first scheme, now the most common annuity payment, which by default is an integral part of the conditions for obtaining a loan. This is connected, by the way, not only with the benefit for the creditor - for the applicant, such a scheme also provides many advantages. For details, we send you to, but here we will only highlight the most important.
So, any next payment date in the payment schedule consists of the amount of the main debt (loan body) and interest (payment for the loan taken, in other words, the lender's remuneration). At the same time, depending on the loan repayment scheme, interest can be accrued:
1. For the balance of the debt. In this case we are talking about a differentiated (or classical) scheme, which is now difficult to find on the market bank lending. Under this scheme, the body of the loan is divided into the number of equal payments in proportion to the loan term, after which interest is added to each equivalent amount, which is charged on the balance of the debt. The first payments are the largest (they include interest on most of the debt), and the last payments are the smallest. Every month the amount of the payment decreases. This feature is both an advantage (the overpayment on a loan is less) and a disadvantage of a differentiated payment, since the borrower increases sharply at the very beginning of the payment schedule, due to which the bank may refuse to issue a loan.
2. According to the annuity scheme. In this case, the payment schedule consists of identical payments, each of which consists of the loan body and interest accrued on the balance of the debt. Due to the peculiarities of interest calculation, initial payments consist of a very low share of principal and a high share of interest. In fact, the interest on the loan is paid first, and only then, at the end of the loan term, the main part of the loan body is paid. This is not entirely beneficial for the borrower (the final overpayment is higher compared to the classical scheme), but at the same time, this gives him the opportunity to lend in large enough amounts - all payments are the same, which means that the loan burden will be within the limits established by the bank or the law. Actually, this is why this payment scheme has become predominant.
The above repayment schemes relate to classic types of lending, where the loan is issued at a time. But there are also those for which the loan is issued gradually and in installments, for example, on a credit card. card, a credit limit is set, within which he can be credited by paying on the card (or withdrawing cash from it).
In this case, interest is calculated as follows (they are calculated at the end of each day):
- From the moment the first "tranche" is issued, the amount of interest is calculated based on its value.
- From the day when the bank issued the second tranche, and until the day of the next repayment, interest is calculated based on the total debt, and so on.
For example, a loan (and its first tranche) was issued on September 10 in the amount of 100 thousand rubles. The repayment schedule stipulates that the loan will be repaid on the 5th of each month (respectively, the first payment will take place on October 5). On September 15, the bank issues the second tranche in the amount of 50 thousand rubles. Interest will be calculated:
- for the period from 10 to 14 September - based on the amount of 100 thousand rubles;
- for the period from September 15 to October 4 - at the rate of 150 thousand rubles.
If in the previous interest period the borrower made a late payment, then interest is calculated separately for each type of debt - urgent and overdue (in the form of a penalty for each day of delay), and is reflected in the relevant accounts.
Loan repayment methods
According to the existing legislation (Law No. 353-FZ), the consumer credit (loan) agreement must specify the methods of execution monetary obligations under the contract, including the FREE METHOD (no commissions). Moreover, in this way, you can make a payment in the locality at the place of receipt by the borrower (proposal to conclude an agreement) or at the location (residence) of the borrower specified in the agreement.
Usually, you can pay off for free in cash through the cash desk of the bank or at ATMs (terminals) with the function of accepting cash. It will be safer, and the money will reach your loan account almost instantly. But you can also be offered many ways to repay, including without charging a commission. It can be:
- interbank transfer from another bank;
- payment in payment terminals of well-known payment systems(QIWI, etc.) and in mobile phone stores (Euroset, Svyaznoy, etc.);
- Postal transfer;
- electronic money from Internet wallets (Yandex.Money, WebMoney, QIWI, etc.);
- transfer from a card through an Internet bank (by the way, some banks do not charge a commission for an interbank transfer through their Internet bank, which is very convenient).
Please note that in cases of refunds through partners and third-party services, all responsibility for the timely appearance of money on your current account falls solely on you. It does not matter to the bank where and when you sent the payment, it is important that it be on the payment date on your current account. Therefore, make it a rule to transfer the next payment at least 3 working days before the date of payment under the agreement, if you are not sure about the terms of crediting by the method you have chosen.
The order of repayment of debt by the bank
Payment made by loan agreement, repays the debt of the borrower in the following order:
1. Arrears of interest;
2. Overdue principal debt;
3. Penalty (fines and penalties) in the amount determined by the contract (the amount of the penalty should not differ from the requirements of the law, see below)
4. term interest(accrued for the current payment period);
5. The amount of the principal debt (loan body) for the current payment period.
Please note that according to the law (that is, this is not a whim of banks and microfinance organizations), first of all, obligations to repay overdue payments plus interest on them, as well as a penalty, are fulfilled. And lastly, the main debt is paid off.
At the same time, it does not matter at all what purpose of payment was indicated at the time of depositing funds to the current account - the order of payment does not change from this. Therefore, if the debtor, who made a slight delay, decided that, according to the payment schedule, he would make the next payment stipulated by the contract, then he may be mistaken. The bank will first credit the penalty, and the entire remaining amount will go to repay the principal. As a result, it turns out that the borrower does not fulfill its obligations under the agreement (does not make payments on time), which threatens with new fines, a damaged credit history and problems with the lender themselves.
Please note that we are talking about replenishing your current account, and not a loan account in a bank. Just a few words on this topic.
Does a borrower need a loan account to repay a loan?
On the Internet, you can find the opinions of some cunning comrades who recommend finding out the loan account number in the bank and making a payment directly to it. So, in their opinion, it is possible to circumvent the restrictions on the order of repayment of debt on a loan, among other things, established at the legislative level.
A loan account is an account internal accounting(begins with the numbers 455). He is in without fail is opened by the bank when issuing any loan and is intended for accounting credit debt borrower. The basis for opening such an account is the fulfillment of the instructions of the Central Bank of the Russian Federation. The consent of the borrower is not required for its opening.
A current account is opened on the basis of a bank account agreement (at the mutual will of the bank and the client), which is usually concluded together with a loan agreement. Number current account(usually starts with the numbers 408) appears in the loan agreement, and it is from him that the bank undertakes to write off the required amount to pay off the debt on the date of the next payment. That is, the borrower ensures that the required amount is available on the current account (by any method provided for by the agreement), and on the payment date, the bank debits it through internal accounting entries respecting the order of repayment. Only in this case, the relationship between the borrower and the bank will not go beyond the law and the terms of the contract.
Thus, the borrower does not need to know the loan account number to repay the loan, it is enough for him to credit the required amount to the current account in a timely manner, and then the bank will do everything right. The desire of some comrades to deposit money directly into a loan account, ignoring the penalty, is contrary to the law. Extended arguments in favor of this statement, and details about the loan account, you can see at.
Full and partial early repayment of loans
There are 2 types of early fulfillment of obligations: full and partial.
In case of full early repayment, the debtor pays the balance of the principal debt and the interest accrued on it up to and including the date of repayment. The need to pay interest on the actual day of return is directly stated in Law No. 353-ФЗ “On Consumer Credit (Loan)”. Thus, the law expressly prohibits the bank from accruing interest for the entire term of the loan in case of its full early repayment (hereinafter referred to as RAP).
It is not recommended to calculate the amount of the RAP yourself (for example, using loan calculators on various Internet resources), you may not guess the exact amount or not take into account any payment - let the bank employees do it.
In case of partial early repayment (NPV) of a bank loan, an amount is paid that exceeds the established monthly payment, but at the same time is insufficient for the full fulfillment of obligations under the contract. As a result of such repayment, the amount of the monthly payment or the loan term may decrease - it all depends on the policies of specific banks, some of which provide borrowers with the right to do so.
Early repayment of the loan in parts is the fastest and most profitable way to get rid of it (in the sense, to fulfill all obligations under the contract). With an annuity, the most common method of repayment, we recommend that you carefully consider the NPV strategy. Which way is better to go: reduce the amount of the monthly payment, but leave the term of the loan, or leave the payment the same, but reduce the term of the loan. Ours will allow you to make this difficult choice.
If anyone is not in the know, the same 353rd law entitles the borrower to repay the entire loan amount ahead of schedule within 14 (fourteen) days from the date of its receipt without prior notice to the lender. Also, the borrower has the right to repay the entire loan amount or part of it ahead of schedule with prior notice to the lender at least 30 (thirty) days before the expected repayment date.
If the bank is not properly notified (the application for the RAP or NPV is not drawn up), and the borrower deposits money into the current account, then the next payment will only be cleared, and the cash difference will remain “dead” capital in your account. Banks are required to notify them in writing, and, for example, MFIs are more loyal in this matter (mostly they work completely online) and make early repayment at the request of the client, which can be expressed by phone or in personal account borrower on the MFI website - without the personal presence of the debtor.
The legislation establishes that any types of early repayment cannot be subject to any fines and commission fees. If your bank insists on paying such fees, only litigation or a complaint to the Central Bank of the Russian Federation will help you. Look, in case of violation on their part of the rights of the borrower.
If you want to more thoroughly study your rights in case of early repayment, given to you by law and agreement, then we direct you to. There you will also find up-to-date information on the return of insurance after early repayment of the loan.
If the loan is overdue?
Not the most pleasant situation is a deviation from the payment schedule due to various life circumstances, i.e. occurrence of arrears. How banks will react to a delay, and what the debtor should do, we have described in detail in the corresponding article LINK. In this case, the main thing is not to let everything take its course, but to try to possible ways find a way out of the current situation, so to speak, look the problem in the face.
A timely warning to the lender about a possible delay can turn the course of the case in a different direction - you may be offered or (this service is especially popular in MFIs). A very long delay can lead to a "sale of debt" to collectors, or,. There is no need to be afraid of this. Familiarize yourself with what to do and remember that you are protected from the arbitrariness of collectors by federal law N 230-FZ "On the protection of rights and legitimate interests individuals when carrying out activities to return overdue debts ... ", which is called.
Any delay entails accrual, and these are additional expenses. Fortunately, Law 353-FZ limits maximum amount penalties in the following quantities:
- 20% per annum on the amount of the existing debt for the time of breach of obligations, subject to accrual of interest under the agreement for the period of delay (i.e. such a penalty will be charged along with interest on the principal debt);
- 0.1% of the amount of overdue debt FOR EACH DAY OF BREACH OF OBLIGATIONS, if during the time of delay no interest is accrued on the existing loan debt, in accordance with the agreement.
If the penalty is more than the stated interest, then the bank is breaking the law, in which case you already know where to complain.
How to repay a loan and not be left in the "fools"? So that after a while the bank does not make a claim that some small debt remains behind you, and even save as much as possible at the same time ...
It is enough to follow a few simple rules:
1. Strive for early repayment. And it does not matter what it will be - full or partial. Any of them leads to savings on interest payments and allows you to quickly get rid of the credit burden. The exception is those cases when conditionally free money is directed not for repayment, but for investing in profitable projects that bring much more money than can go to early repayment of the debt.
2. Deposit money to the current account in advance, especially if you send it by transfer through an intermediary. A payment may “hang” in transit due to the inattention of operational workers or due to a failure in the payment transfer system. Then you will definitely become the unfortunate owner of an overdue debt.
3. Put aside thoughts about defaults. For some reason, some believe that it is possible not to pay a credit institution, and hide from bank employees and collectors for years, it is not clear what while hoping for. Such behavior will sooner or later lead to litigation, which will take a lot of your time, and, possibly, money (the amount of penalties and fines will increase significantly). Non-payments and late payments are fraught not only with further problems with banks (you simply will not be given more loans due to your own efforts credit history), but also by restriction of rights (for example, the impossibility of traveling abroad, etc.).
4. Put the monthly payment on the loan "at the forefront." As long as the loan is not repaid in full, the payment for its repayment should be a priority. It is better to save on everything else for the time being, otherwise this saving will turn out to be even tougher later.
5. Do not allow a single late payment, it is better to re-borrow money from friends. “Nothing terrible will happen once” - this is not about debts, especially to a bank. You can, of course, pay a fine both once and twice. But it is better to always pay on time, otherwise the Russian may lead to additional expenses. Rather than pay a penalty to the bank, it is better to buy a chocolate bar for your child.
6. Good to know all the conditions loan agreement so as not to be indignant later “why so much and why did it happen so?”. Do not be too lazy to read the loan agreement from cover to cover - there you will find a lot of "interesting".
7. If you have a lot of loans and you decide to pay them off ahead of schedule, then focus on small loans. Often this is where they make a mistake, trying to close large loans first, leaving “small things” for later. When making such a decision, the borrower always focuses on the amount of the loan - here I pay more, which means that it needs to be closed as soon as possible. But it overlooks interest rate. As a rule, for large loans, it is an order of magnitude lower, which means that the total overpayment is also less. While small consumer loans, especially microloans, are distinguished by huge interest rates, and the overpayment on them is more significant. Therefore, close ahead of time first a trifle, leaving larger loans “for a snack”.
8. Try to stay away from loan offers. Paying off existing loans with new ones is unprofitable and illiterate from a financial point of view. So you build up the very debt lump under which you can find yourself. In very rare cases, it saves, but this is an exception to the rule.
And perhaps the most important advice - always make sure you pay off a bank loan (microloan). This does not mean that you need to go crazy after each payment, winding yourself up and annoying bank employees. But it is not only possible, but also necessary, to make sure that the transaction is closed during the planned or early repayment of the loan. Ask and you can be sure that any claims against you by the bank are now illegal.
Build your relationships with credit organizations correctly. Know your rights and don't be afraid to stand up for them.
Decree Supreme Court UR dated April 27, 2012 in case No. 44g-14. The judgments of the lower courts are canceled in part, since the accrual of interest under the loan agreement on the amount of the loan issued does not comply with the requirements of legal acts (key topics: loan agreement - interest for using the loan - consumer protection - interest calculation procedure - placement Money)
The Presidium of the Supreme Court of the UR, consisting of:
presiding: Sukhanova Yew.The.
Members of the Presidium: Bersha S.I., Baranova N.V., Golovkova L.P., Korobeynikova L.N.
According to the judge's report: Sundukova A.Yew.
Having considered the appeal Kuznetsova M.K. on the decision of the Oktyabrsky District Court of the mountains. Izhevsk of the Udmurt Republic dated May 30, 2011 and the cassation ruling of the Judicial Collegium for Civil Cases of the Supreme Court of the Udmurt Republic dated August 31, 2011 in a civil case on the Bank's claim against Kuznetsov M.K. for the recovery of debt under the loan agreement, interest on the loan, penalties, foreclosure on the pledged property, counterclaim Kuznetsova M.K. to the Bank on the recognition of the clauses of the agreement as invalid, the application of the consequences of the nullity of the transaction in the form of a refund, submitted for consideration by the Presidium by the decision of the judge of the Supreme Court of the Udmurt Republic Sundukov A.Yu. dated 05 April 2012 I installed:
The bank filed a lawsuit against Kuznetsov M.K. on the collection of debt under a loan agreement, interest on the use of a loan, penalties, foreclosure on mortgaged property.
The requirements of the claim are motivated by the fact that the defendant Kuznetsov M.K. does not fulfill its obligations under the loan agreement<данные изъяты>from<данные изъяты>of the year. According to the loan agreement, the Bank provided the defendant Kuznetsov M.K. credit in total<данные изъяты>rubles with payment of interest for the use of a loan in the amount of<данные изъяты>% per annum, and the defendant Kuznetsov M.K. assumed the obligation to repay the loan and pay interest to the Bank for the use of the loan in the manner prescribed by the terms of the loan agreement. Obligations under the loan agreement by the defendant are not properly performed. This is expressed in the delay in making regular payments on account of payment for the use of the loan and the amount of the principal debt, which is confirmed by the account statement. In connection with the improper fulfillment of obligations to repay the loan on the basis of paragraph 2 of Article 819 Civil Code RF and paragraph 2 of article 811 of the Civil Code of the Russian Federation, the defendant is required to<данные изъяты>year about early return loan amount and other payments. Said requirement by the defendant has not yet been fulfilled, in connection with which the plaintiff asks to recover in his favor from Kuznetsova M.K.<данные изъяты>rubles<данные изъяты>copy, including<данные изъяты>rubles<данные изъяты> <данные изъяты>rubles<данные изъяты>cop. - debt on payment of interest for the use of credit; interest on the loan, accrued on the balance of the debt on the loan, in the amount of<данные изъяты>rubles<данные изъяты>cop. at the rate<данные изъяты>% per annum, starting from<данные изъяты>years to the date of actual debt repayment, payment costs state duty at the rate of<данные изъяты>ruble<данные изъяты>cop. To satisfy the requirements of the bank for the recovery of the above amounts, the plaintiff asked to foreclose on Kuznetsov M.K., owned by the right of ownership. car ID. N (VIN)<данные изъяты>, make, model of vehicle<данные изъяты>, setting its initial value, from which the auction begins, in the amount of<данные изъяты>rubles.
defendant Kuznetsov M.K. filed a counterclaim against the Bank to invalidate the clauses of the agreement, apply the consequences of the nullity of the transaction in the form of a refund.
The requirements are motivated by the following circumstances. Under the terms of the loan agreement N<данные изъяты>from<данные изъяты>Kuznetsov M.K. had to pay the bank annual interest on the balance of the principal debt in the amount of<данные изъяты>% per annum and interest on the loan amount in the amount<данные изъяты>% monthly. The accrual of these interest is contrary to the law, namely Articles 809, 819 of the Civil Code of the Russian Federation, the Law of the Russian Federation "On Protection of Consumer Rights". Based paragraph 2 of Article 167 Civil Code of the Russian Federation, article 16, paragraph 2 of the Law of the Russian Federation "On Protection of Consumer Rights" the Bank is obliged to return Kuznetsov M.K. cash in the amount of previously written off interest. In addition, the Bank unlawfully withheld fines, since the amount of money on hidden interest could be used to repay the principal and interest on the loan. According to paragraph 7.2 of the loan agreement, the goods are subject to insurance for sum insured not less than<данные изъяты>rubles. insurance premium under contract voluntary insurance was transferred by the Bank in the amount<данные изъяты>rubles. According to paragraph 8 of the contract, the life and health of the borrower is subject to insurance for an insured amount of at least<данные изъяты>rubles. Under insurance contract N<данные изъяты>The bank transferred<данные изъяты>rubles. Insurance contracts, the signing of which has led to the issuance of a loan, by virtue of Article 16 of the Law of the Russian Federation "On Protection of Consumer Rights" are invalid. Thus it is Kuznetsov M.K. asked to declare void clause 3.5 of the loan agreement N<данные изъяты>, clause 8, clause 10.2, clause 7.2, clause 10.3 of the appendix to the loan agreement, to collect in his favor from the Bank unjustifiably withheld interest in the amount of 41,723 rubles 84 kopecks, unjustifiably deducted insurance premium in the amount of 32,396 rubles and in the amount of 15,600 rubles, unjustifiably total fines withheld<данные изъяты>ruble<данные изъяты>kop., unjustifiably withheld funds in the amount<данные изъяты>rubles in payment of the commission for the recalculation of the schedule.
At the court session, the representatives of the Bank insisted on the claims, the counterclaim was not recognized, announcing the application of the term limitation period to the requirements for the recognition of the terms of the loan agreement on the payment of the insurance premium as invalid and the application of the consequences of such invalidity.
defendant Kuznetsov M.K. did not appear at the hearing, duly notified of the time and place of the hearing, the court considered the case in his absence.
The representative of Kuznetsova M.K. at the hearing the claims are not recognized, the counterclaim was supported in full, giving explanations similar to the arguments set out in the counterclaim.
By the decision of the Oktyabrsky District Court of the mountains. Izhevsk, Udmurt Republic dated May 30, 2011, the Bank's claim" against Kuznetsov M.K. for the recovery of debt under the loan agreement, interest on the loan, penalties, foreclosure on pledged property was satisfied. Kuznetsov M.K. in favor of the Bank recovered:<данные изъяты>rubles<данные изъяты>cop. - the amount of the principal debt (loan);<данные изъяты>rubles<данные изъяты>cop. - arrears in payment of interest for the use of a loan for the period from<данные изъяты>year on<данные изъяты>of the year; interest on the loan, accrued on the balance of the debt on the loan in the amount of<данные изъяты>rubles<данные изъяты>cop. at the rate<данные изъяты>% per annum, starting from<данные изъяты>years to the date of actual debt repayment; the cost of paying the state fee in the amount of<данные изъяты>ruble<данные изъяты>cop. In order to meet the requirements for the execution of this decision, execution was levied on the Bank, which is pledged to the Bank, owned by Kuznetsov M.K. car ID. N(VIN)<данные изъяты>, make, model of vehicle<данные изъяты>, Name<данные изъяты>, vehicle category<данные изъяты>, model, engine N<данные изъяты>, body (cabin, trailer)<данные изъяты>, body color<данные изъяты>, engine power, h.p. (kW)<данные изъяты>L.S.,<данные изъяты>kW, PTS N<данные изъяты>. Its initial cost, from which bidding begins, is set in the amount of<данные изъяты>rubles. Counterclaim Kuznetsov M.K. to the Bank on the recognition of the clauses of the agreement as invalid, the application of the consequences of the nullity of the transaction in the form of a refund of funds was left without satisfaction.
Kuznetsov M.K. did not agree with the court ruling, appealed against it to the Judicial Collegium for Civil Cases of the Supreme Court of the Udmurt Republic.
By the cassation ruling of the Judicial Collegium for Civil Cases of the Supreme Court of the Udmurt Republic dated August 31, 2011, the decision of the Oktyabrsky District Court of the mountains. Izhevsk of the Udmurt Republic of May 30, 2011 was left unchanged, the complaint of Kuznetsov M.K. - without satisfaction.
Kuznetsov MK, disagreeing with the court rulings of the court of first and second instance, challenged them by filing a complaint with the court of cassation.
The text of the cassation appeal contains a request to cancel the decision of the court of first instance and cassation regarding the refusal to satisfy the requirements of the counterclaim on the application of the consequences of the invalidity of a void transaction, namely the terms of the loan agreement, imposing on the borrower to pay the Bank interest for using the loan in the amount of<данные изъяты>% of the amount of the loan issued monthly.
Having studied the materials of the civil case, having listened to the explanations of the representative of Kuznetsov M.K. - Berdnikova M.V., acting on the basis of a power of attorney, which insisted on the requirements set forth in the supervisory complaint, representatives of the Bank Antropov N.S., Zakirov A.F., acting on the basis of a power of attorney who objected to the arguments and requirements set out in the supervisory appeal, the Presidium comes to the following.
By virtue of Part 2 of Article 390 of the Civil Procedure Code of the Russian Federation, when considering a case in cassation, the court checks the correctness of the application and interpretation of substantive law and procedural law by the courts that considered the case, within the arguments of the cassation appeal or presentation.
Taking into account the fact that the decision of the court of first and second instance is disputed by the applicant regarding the unreasonable refusal to apply the consequences of the invalidity of a void transaction (the terms of the loan agreement on the payment by Kuznetsov M.K. to the Bank of interest for using the loan in the amount of<данные изъяты>% of the amount of the loan issued monthly), then the decisions of the lower courts are checked exclusively in this part.
The correctness of the recovery from Kuznetsov M.K. in favor of the Bank sums of money, as well as the legality of the refusal of the courts to satisfy other requirements of the counterclaim by virtue of part 2 of Article 390 of the Civil Procedure Code of the Russian Federation in cassation is not verified, since the applicant himself does not dispute the decision and the cassation ruling in this part.
During the consideration and resolution of a civil case, it was established that<данные изъяты>years between the Bank and the defendant Kuznetsov M.K. loan agreement signed<данные изъяты>(hereinafter referred to as the Loan Agreement), according to which the plaintiff provided the defendant with a loan in the amount of<данные изъяты>rubles.
Subsequently, the Bank changed its name to the Bank.
By virtue of paragraph 7.1 of the annex to the loan agreement, the loan was granted for the purchase of a car<данные изъяты>, ID. N(VIN)<данные изъяты>.
The parties to the Loan Agreement in paragraph 3.5 of the Loan Agreement agreed as follows: "For the use of the loan, the Borrower undertakes to pay interest to the Bank, accrued in two ways:
a) annual interest accrued at the rate established by the Appendix on the balance of the loan debt (including overdue), taken into account at the beginning business day, from the day following the day the debt is reflected on the loan account of the Borrower, for the entire period of actual use of the loan, including the date of repayment of the loan, based on the number of calendar days in a year (365 or 366, respectively).
b) interest on the amount of the issued loan, the amount, frequency and procedure for payment of which is determined by the Appendix.
Clause 5 of the Appendix to the Loan Agreement, which is an integral part of the agreement, agrees on the following amount of interest for using the loan:
1) <данные изъяты>% (<данные изъяты>) per annum;
2) <данные изъяты>% (<данные изъяты>) of the amount of the loan issued monthly.
<данные изъяты>between the Bank and the defendant Kuznetsov M.K. an additional agreement was drawn up to the loan agreement, which established a new debt repayment schedule and increased the interest rate for using the loan to<данные изъяты>% per annum, starting from<данные изъяты>of the year.
The subject of the dispute in this case was, among other things, the accrual by the Bank of interest on the amount of the issued loan, and not on the balance of the debt under the Loan Agreement.
The Court of First Instance, considering that the norms of civil law do not imperatively establish the obligation to calculate interest on the loan amount only from the balance of the loan debt; the parties at the conclusion of the contract had the right to independently determine the procedure for calculating interest and the conditions for the return of credit funds; Regulation of the Central Bank of the Russian Federation of June 26, 1998 N 39-P "On the procedure for calculating interest on operations related to the attraction and placement of funds by banks" cannot be applied when considering this dispute, refused to satisfy the corresponding requirement of the counterclaim of Kuznetsova M.K. .
Judicial board with the findings of the Oktyabrsky District Court of the mountains. Izhevsk of the Udmurt Republic agreed and indicated that the term of the Loan Agreement, which provides for the payment of interest per annum and on the loan amount, does not contradict the norms of civil law; Regulation of the Central Bank of the Russian Federation of June 26, 1998 N 39-P "On the procedure for calculating interest on operations related to the attraction and placement of funds by banks" does not contain an indication that interest can be accrued only by one of the proposed methods and no other, refused in satisfaction of the cassation complaint and left the decision of the court unchanged.
With these conclusions of the court of first and second instance Kuznetsov M.K. did not agree, appealed to the court of cassation with this complaint, the arguments of which the Presidium recognizes as justified on the following grounds.
Thus, the courts in the case found that the parties concluded a loan agreement, the disputed provision of which, in the framework of this case, is the condition on the calculation of fixed interest on total amount loan (clause 3.5 of the Loan Agreement, sub-clause "b" of clause 5 of the Appendix to the Loan Agreement).
According to paragraph 1 of article 819 of the Civil Code of the Russian Federation under a loan agreement, a bank or other credit organisation(creditor) undertake 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 received amount of money and pay interest on it.
The rules provided for in paragraph 1 of Chapter 42 of the Civil Code of the Russian Federation apply to relations under a loan agreement, unless otherwise provided by the rules of this paragraph and does not follow from the essence of the loan agreement (clause 2 of Article 819 of the Civil Code of the Russian Federation).
In accordance with paragraph 1 of article 809 of the Civil Code of the Russian Federation, unless otherwise provided by law or a loan agreement, the lender has the right to receive interest from the borrower on the loan amount in the amount and in the manner specified in the agreement.
The above provision of the law, which is of a dispositive nature, establishes a presumption of compensation for a loan, which is valid provided that the opposite does not follow from the law or the loan obligation.
Coming to the conclusion that it is legal to include payment terms in the loan agreement in addition to<данные изъяты>% (further<данные изъяты>%) per annum also<данные изъяты>% of the amount of the loan issued on a monthly basis, the court of first instance and the panel of judges indicated that the parties thereby determined the amount and procedure for paying interest.
Meanwhile, these conclusions of the courts are based on an incorrect interpretation of the provisions of Article 809 of the Civil Code of the Russian Federation, since the procedure for paying interest means in this case the frequency of their transfer to the lender, and the amount of interest established by the parties to the obligation is the amount of the annual interest rate.
The controversial clause of the loan agreement does not refer to the procedure for paying interest by the borrower to the lender (frequency of payments), which, by virtue of Article 809 of the Civil Code of the Russian Federation, can be established by agreement of the parties, but to the procedure (method) for calculating interest for the use of borrowed funds, which is regulated by other legal norms.
This conclusion follows from the systematic interpretation of the following regulations.
By virtue of paragraph 1 of Article 420 of the Civil Code of the Russian Federation, an agreement is an agreement between two or more persons to establish, change or terminate civil rights and responsibilities.
Citizens and legal entities are free to conclude an agreement (paragraph 1 of Article 421 of the Civil Code of the Russian Federation).
However, freedom of contract cannot be absolute.
Yes, according to paragraph 4 of Article 421 of the Civil Code of the Russian Federation, the terms of the contract are determined at the discretion of the parties, except when the content of the relevant term is prescribed by law or other legal acts.
These provisions of the law are developed by the norm contained in paragraph 1 of Article 422 The Civil Code of the Russian Federation, which determines that the contract must comply with the rules binding on the parties, established by law and other legal acts (imperative norms) in force at the time of its conclusion.
Insofar as loan funds were attracted by Kuznetsov M.K. for needs not related to the implementation entrepreneurial activity, otherwise the courts in the case is not established, then the relationship between the Bank and Kuznetsov M.K. the provisions of the Law of the Russian Federation of February 7, 1992 N 2300-1 "On Protection of Consumer Rights" (Article 9 federal law dated January 26, 1996 N 15-FZ "On the Enactment of Part Two of the Civil Code of the Russian Federation", the preamble to the Law of the Russian Federation "On the Protection of Consumer Rights", paragraph 1 of the Resolution of the Plenum of the Supreme Court of the Russian Federation of September 29, 1994 N 7 "On the practice of considering consumer protection courts").
Paragraph 1 of Article 16 The Law of the Russian Federation "On the Protection of Consumer Rights" provides that the terms of the contract that infringe on the rights of the consumer in comparison with the rules established by laws or other legal acts of the Russian Federation in the field of consumer protection are recognized as invalid.
Thus, the terms of the Loan Agreement concluded between the plaintiff and the defendant, by virtue of paragraph 4 of Article 421 of the Civil Code of the Russian Federation must comply with the Law of the Russian Federation "On the Protection of Consumer Rights", including the part in which it is prohibited to include in the contract conditions that infringe on the rights of the consumer, in comparison with the rules established by laws or other legal acts of the Russian Federation in the field of protection consumer rights.
Similar rules establishing consumer rights are contained in federal law dated December 2, 1990 N 395-1 "On banks and banking".
Paragraph 2 of Part 1 of Article 5 of this law, banking operations carried out by a credit institution include the placement of attracted funds on its own behalf and at its own expense.
In accordance with Part 5 of Article 5 of the Federal Law "On Banks and Banking Activities", the rules for conducting banking operations, including the rules for their material and technical support, are established by the Bank of Russia in accordance with federal laws.
Similar provisions are contained in articles 56, 57 of the Federal Law of July 10, 2002 N 86-FZ "On central bank of the Russian Federation (Bank of Russia), according to which the Bank of Russia is a banking regulator and is authorized to establish rules for banking operations that are mandatory for credit institutions and banking groups.
In view of the foregoing, the Bank, when performing a banking operation - placement of funds (granting a loan to Kuznetsov M.K.), when determining the terms of the Loan Agreement, including the method and rules for calculating fees (interest) for the granted loan, by virtue of the law (part Article 5 of the Federal Law "On Banks and Banking", Article 57 of the Federal Law "On the Central Bank of the Russian Federation (Bank of Russia)", paragraph 1 of Article 16 of the Law of the Russian Federation "On Protection of Consumer Rights") was obliged to be guided by the rules for conducting banking operations, established by the Bank Russia.
The procedure for calculating interest on active and passive operations of the bank related to the attraction and placement of funds of the bank's customers - individuals and legal entities, how in national currency RF, as well as foreign currencies, as well as for the use of funds held in bank accounts carried out on the basis of agreements concluded in accordance with the norms of the Civil Code of the Russian Federation, is established by the Regulation on the procedure for calculating interest on operations related to the attraction and placement of funds by banks, approved by the Bank of Russia on June 26 1998 N 39-P (hereinafter referred to as the Regulation on the procedure for calculating interest, the Regulation). The regulation was registered with the Ministry of Justice of the Russian Federation on July 23, 1998, assigned the number 1565.
This Regulation, as mentioned above, was subject to application by the respondent Bank when determining the terms of the Loan Agreement and its annexes, in terms of determining the procedure and method for calculating interest for using the loan, since this obligation of the Bank is expressly provided for by Part 5 of Article 5 of the Federal Law "On Banks and Banking activities".
In addition, the Regulations on the procedure for calculating interest were subject to application by the courts when considering this dispute, since it is a different normative legal act in what sense paragraph 1 of article 1, article 16, paragraph 1 Law of the Russian Federation "On Protection of Consumer Rights". Thus, the norms of this Regulation impose on credit institutions, including banks, mandatory requirements when calculating interest on loan agreements concluded, in particular, with individuals- by consumers, which indicates the focus of these norms on the protection of consumer rights.
By virtue of clause 5.1 of the Regulations, interest on placed funds (in loans, credits and other bank accounts and interbank loans / deposits) is received in favor of the creditor bank in the amount and in the manner prescribed by the relevant agreement for the provision (placement) of funds (credit agreement, loan agreement, interbank loan/deposit agreement). Interest is calculated in accordance with the requirements of clause 3.5 of this Regulation.
Clause 3.5 of the Regulation establishes that interest on attracted and placed funds is charged by the bank on the balance of the debt on the principal debt recorded on the corresponding personal account at the beginning of the business day.
Thus, the Regulation on the procedure for calculating interest (clause 3.5) imperatively fixes the procedure for calculating interest when providing money on credit, namely, interest is charged on the balance of the principal debt.
Clause 3.5 of the Loan Agreement, subparagraph "b" of clause 5 of the Appendix to the Loan Agreement, which is its integral part, the Bank and Kuznetsov M.K. provided for the payment of interest for the use of the loan, accrued on the amount of the loan issued on a monthly basis.
These terms of the Loan Agreement contradict clause 3.5 of the Regulations on the procedure for calculating interest, in terms of accruing interest not on the balance of the debt on the principal debt, but on the amount of the loan, and, accordingly, infringes on the rights of the consumer, which is not in accordance with the law (clause 1 of Article 16 of the Law of the Russian Federation "On Protection of Consumer Rights"), creates unfavorable conditions for the consumer.
The conclusions of the court of second instance that interest is charged by the bank in the manner and amount stipulated by the agreement are untenable, and only if the procedure for calculating interest is not determined by the agreement, then interest is accrued in the manner established by the Regulations.
On the contrary, from a literal interpretation of the norms of the Regulations on the procedure for calculating interest (clause 1.1), it follows that this Regulation determines the procedure for calculating interest, carried out on the basis of agreements concluded in accordance with the Civil Code of the Russian Federation.
The provision allows the parties to choose one of several methods for calculating interest (clause 3.9),
According to paragraph 3.9 of the Regulations, interest can be calculated in one of four ways: according to the formulas simple interest, compound interest, using a fixed or floating interest rate in accordance with the terms of the agreement.
A fixed rate is a fixed and fixed amount annual interest, floating - the interest rate on medium-term and long-term loans, the amount of which is not fixed for the entire period of lending and is reviewed at intervals agreed upon by the lender and the borrower.
The simple interest formula means that the interest payable to the borrower must be charged only on the amount of the principal debt.
Accrual according to the compound interest formula means that it is carried out not only on the amount of the principal debt, but also on the amount of accrued but unpaid interest.
If the contract does not specify the method of calculating interest, then they are calculated according to the simple interest formula using a fixed interest rate.
At the same time, the Regulation imperatively determines the basis for calculating interest - based on the balance of the principal debt (clause 3.5).
Therefore, monthly accrual of interest on the amount of the loan issued throughout the validity of the loan agreement is unlawful.
In accordance with paragraph 1 of Article 166 of the Civil Code of the Russian Federation, a transaction is invalid on the grounds established by the Civil Code of the Russian Federation, by virtue of its recognition as such by a court (disputable transaction) or regardless of such recognition (void transaction).
According to Article 168 of the Civil Code of the Russian Federation, a transaction that does not comply with the requirements of the law or other legal acts is void, unless the law establishes that such a transaction is voidable, or does not provide for other consequences of the violation.
The invalidity of a part of a transaction does not entail the invalidity of its other parts, if it can be assumed that the transaction would have been made without the inclusion of its invalid part (Article 180 of the Civil Code of the Russian Federation).
Under such circumstances, it is unlawful the conclusion of the courts to refuse to recognize as null paragraph 3.5 of the Loan Agreement, subparagraph "b" of paragraph 5 of the Appendix to the Loan Agreement, which provide for the calculation of interest on the amount of the loan, by virtue of Article 168 of the Civil Code of the Russian Federation, since they contradict article 16, paragraph 1 Law of the Russian Federation "On Protection of Consumer Rights".
The reference of the trial court to the fact that the limitation period at the request of Kuznetsov M.K. on the application of the consequences of the invalidity of the void terms of the Loan Agreement on the payment of monthly interest has expired<данные изъяты>years (after three years from the date of making the first payment by Kuznetsov M.K.), is untenable, since the limitation period for a claim for the return of funds received in pursuance of the void terms of the transaction is subject to calculation separately in relation to each fact of their execution (paragraph 10 of the resolution of the Plenum of the Supreme Court of the Russian Federation of November 12, 2001 N 15, the Plenum of the Supreme Arbitration Court of the Russian Federation of November 15, 2001 N 18 "On some issues related to the application of the norms of the Civil Code of the Russian Federation on the limitation period").
Taking into account the foregoing, the Presidium comes to the conclusion that when resolving the dispute, the courts did not apply the law to be applied (Articles 166-168, paragraph 4 of Article 421, Article 422 of the Civil Code of the Russian Federation, preamble, Articles 1, 16 of the Law of the Russian Federation "On the Protection of Rights consumers", Article 5 of the Federal Law "On Banks and Banking", Articles 56, 57 of the Federal Law "On the Central Bank of the Russian Federation (Bank of Russia)"), misinterpreted the law (Article 421 of the Civil Code of the Russian Federation), which is a significant violation of the norms substantive law and influenced the outcome of the case.
Under such circumstances, the court rulings regarding the refusal to satisfy the requirements of the counterclaim Kuznetsova M.K. to the Bank on the application of the consequences of the invalidity of the void terms of the loan agreement N<данные изъяты>from<данные изъяты> <данные изъяты>% of the amount of the loan issued monthly, are subject to cancellation, and the case should be sent for a new trial to the court of first instance.
The Presidium considers it impossible to issue a new decision without referring the case for reconsideration to the court of first instance, since the parties' calculations in this part were not verified by the courts.
The rest of the court rulings are to be left unchanged.
Based on the foregoing, the Presidium, guided by paragraph.n. 2, part 1, art. 390 of the Civil Procedure Code of the Russian Federation, decided:
The decision of the Oktyabrsky district court of mountains. Izhevsk of the Udmurt Republic dated May 30, 2011 and the cassation ruling of the Judicial Collegium for Civil Cases of the Supreme Court of the Udmurt Republic dated December 26, 2011 regarding the refusal to satisfy the requirements of the counterclaim of Kuznetsov M.K. to the Bank on the application of the consequences of the invalidity of the void terms of the loan agreement N<данные изъяты>from<данные изъяты>years, providing for the payment of Kuznetsov M.K. Bank interest for using the loan in the amount of<данные изъяты>% of the amount of the loan issued monthly, cancel.
In this part, the civil case on the suit of the Bank against Kuznetsov M.K. for the recovery of debt under the loan agreement, interest on the loan, penalties, foreclosure on the pledged property, counterclaim Kuznetsova M.K. to the Bank on the recognition of clauses of the agreement as invalid, the application of the consequences of the nullity of the transaction in the form of a refund of funds to send for a new consideration to the Oktyabrsky District Court of the mountains. Izhevsk, Udmurt Republic.
In the rest of the decision of the Oktyabrsky District Court of the mountains. Izhevsk of the Udmurt Republic dated May 30, 2011 and the cassation ruling of the Judicial Collegium for Civil Cases of the Supreme Court of the Udmurt Republic dated December 26, 2011 shall be left unchanged.
10.08.2015 10:07:10
I have a credit card in this bank with a limit of 32270 rubles, a rate of 47%, an agreement 12/2944/00000/****64. Payments are made monthly without delay. The card was blocked 6 months ago, i.е. I don't use it. When drawing up an agreement in the office, a bank specialist explained the loan repayment scheme, which is prescribed in the agreement, in terms of calculating the MOP for the month: interest for the use of the loan (principal debt amount * 47 * number of days / 365 * 100) + commission + repayment amount. debt (there is a minimum, based on the payment schedule, set by the system, but you can also pay a larger amount). So when you deposit a larger amount, it should go to repay the main. debt, which is explained by the bank employees themselves in the office and hotline. I was charged MOP until 08/03/2015 to pay 1644 r - of which 900 r interest, 200 commission, the rest. the amount goes to pay off the main. debt (equal to 22935 r). I contributed 2500 r (I thought to write off more from the main debt), and as a result, interest of 1489 r was calculated from this amount (they should have been according to the scheme 22935 * 47 * 31 / 365 * 100 = 915r), 806r were written off from the main. debt and 204r commission. How??? I call consultants at 88001007100, they say that term interest has been written off, but they don’t know where they came from, supposedly the system calculates them that way. The amount of the main debt is now 22131 (should be less by the amount of term interest). Who will explain what urgent interest is and where they came from, how they were accrued and how to continue to pay. Is there anything in the contract about them?
Bank representative's response
11.08.2015 04:08:55
Dear Konstantin Viktorovich!
In accordance with clause 4.13 of the General Terms and Conditions for Crediting an Account, when depositing an amount exceeding the minimum mandatory payment(MOP), part of the overpayment goes to repay interest minimum payment next pay period. Thus, the next MOP you will have less by the amount of interest paid.
Acquainted with " General conditions account crediting" can be found on the Bank's website: http://www.express-bank.ru/sites/default/files/docs/tu/Ou_creditovaniya_scheta_chastnye.pdf
Please clarify who exactly provided you with advice on the fact that if you deposit a larger amount, it should be used to pay off the principal debt. Please indicate the full name of the employee, the address of the bank branch, as well as the date of the conversation with the hotline employee.
Please send this information to our email.
Banks always offer potential borrowers individual conditions, so we suggest applying to 2-3 banks at once. This will increase your chances of getting a good offer.
Minimum interest on cash loans.
Bank | Percent | Application |
---|---|---|
in 1 hour | from 9.5% | |
from 9.9% | ||
Without refusal | from 9.9% | |
from 9.9% | ||
from 12% | ||
from 12% | ||
from 7.9% | ||
from 14.9% | ||
up to 7 years | from 15.5% | |
from 15.99% |
Take a loan of less than 10% per annum in Vostochny, Raiffeisen and Renaissance credit, the advantage of these banks will be that they consider applications without providing a certificate of employment. Tinkov, Sovcombank also do not require confirmation of income, but their minimum bar is from 12% per annum. Getting money at a relatively low percentage of 15% is quite realistic in UBRD.
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