Home Credit Bank is looking for unscrupulous lenders. Ways to view the blacklist of bank debtors
The downside of quick money received in the form of a loan from banks appears when the borrower cannot or does not want to pay off his debt. One of the sanctions is blacklisting the debtor. There is no direct access to the list of malicious defaulters, but there are methods that allow you to obtain information about the presence of a person in the so-called zone of mistrust.
What it is?
The black list is called differently, in the banking sector it is referred to as a "stop list". Each bank maintains an electronic customer base, where all information is stored, which is an individual dossier with all data on existing and previously issued loans, payments and delays.
It contains a separate group where debtors and defaulters are entered, then special requirements are imposed on these persons.
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- First, the bank's security service or a specialized collection agency starts working with blacklisted borrowers.
- Secondly, it will be quite difficult to get a loan from this organization again.
- Thirdly, the debtor is restricted from traveling abroad if his case is referred to the bailiff service. Fourth, by a court decision, the property of the defaulter is seized.
A bank client who is on the blacklist always has the opportunity to exit it. It all depends on his specific actions. When the problem is quickly resolved, it is removed from the bank's stop list.
The main problem is that according to Article 23, Clause 4 of the Federal Law "On Credit Histories", a credit institution is obliged to provide all information about the borrower to the credit bureau. The information is stored in it for 15 years.
Almost all banks, when applying for loans, turn to a credit bureau to determine the good faith of a potential client, which means that if you previously had problems with paying off debts, any bank can refuse you service.
It is the credit bureau that is considered the first instance where you can see the black list bank debtorsby requesting an extract in the prescribed form.
Who gets into it?
Persons with loan arrears are entered into the database of hard-core non-payers. Usually the list is formed from those whose credit history unambiguously damaged due to regular delays and large debts.
Citizens who are late with payments several times and for several days receive only warnings from the bank.
Having payments overdue for several months, you can be sure that you are on this very list. Soon, these defaulters will face lawsuits and decisions of the executive service.
Even if after the delay you paid off the main debt, interest, paid fines, there is a high probability that the bank will add or leave you on the black list.
Where to find?
Before answering the question of how to view the black list of bank debtors, let us divide the possibilities of obtaining information into several unofficial groups, depending on the consumer's credit history, namely:
- stop lists in banks where the borrower was late in payments;
- collection agencies lists;
- lists of bailiffs;
- data in the credit bureau.
Black list commercial bank is private information, and it is impossible to get it in the public domain. It is only at the disposal of the organization's credit managers and is used to assess the integrity of a potential bank client.
The bank's stop list is an unofficial document and cannot be posted on the network.
To get information, you need to contact the bank where you took out a loan. Request official data on repaid loans taken from this organization. To request, you must have a loan agreement and an identity document on hand.
However, the absence of debt does not guarantee that you are not included in the stop-list, which means that subsequent decisions to issue a loan in this organization will be considered individually.
Collection agencies receive information about debtors directly from the credit institution. From the moment the bank turns to the debt collection service, all rights to claim the debt are transferred to the collectors. They are engaged in maintaining a database, which reflects the names of the worst defaulters on loan obligations.
Credit History Bureau is a specialized organization that provides services for the formation, processing and storage of credit histories.
According to Russian law, any borrower can make a free request once a year and an unlimited number of requests for a fee.
To obtain information from the database of the credit bureaus (BCH), you must:
- Submit a request to the CCCI in order to obtain data on which CCIs store your credit history. This can be done through any bank, for example VTB24.
- Submit a request to the BCH in order to receive a credit report. The procedure for contacting the BCI is established by the rules of the organization and Russian legislation.
On the site of the bailiffs
One of the more popular ways to get information about being on the bank's blacklist is to contact the bailiff service.
The official website of the federal bailiff service has a debtor database. It reflects information about whether a person is in the debtor database.
To access it, you must fill out the prescribed form. Should introduce territorial body, Full name and date of birth. In addition, it is possible to submit a request as individual entrepreneur and a legal entity.
Access to the database of bailiffs was opened recently after the adoption by the State Duma Federal law "On enforcement proceedings".
The existence of such a base has simplified the work of credit organizations, since it reflects debtors not only in loans, but also in non-payment of taxes, alimony and other debts. The service allows you to easily determine the reliability of the borrower.
If it didn't come to court
Collection agencies intimidate debtors with the court, but in fact they do not submit documents to court soon and only in cases where the debtor completely ignores them and refuses to return the money.
If the debt is repaid even in small installments, the collectors will not give way to business, since in this situation the debt is growing, and a similar situation is beneficial for both the bank and the collectors.
The court is not an option for the debtor, but the court's decision will stop the growth of the bank's interest, and the amount of debt will not increase.
It is worth noting that if a court decision is not made, then the borrower can only find out his own debts. And after the decision was made, everyone can familiarize themselves with his debts on the website of the bailiffs.
What if you're on the list?
Usually, people, upon learning that they are on the blacklist of banks, take absolutely no action.
Going to the bank and discussing with the manager do not yield any results, which means that in order to regain the confidence of the banks, you need to radically change your financial and payment policies.
- Pay off all debts, interest and penalties to the lending institution.
- Open a deposit account with the blacklisted bank. Its regular replenishment, account transactions, payment of utilities and other services will change the bank's perception of your personality. By being responsible, you can recover your creditworthiness.
- If there is an opportunity and your employer transfers salary through the bank that blacklisted you, try to open a current account in it to transfer to it wages... The regular flow of funds to the current account will increase confidence and soon you will have an increased chance of getting out of the bank's blacklist.
Thus, in order not to have problems with the bank and bailiffs, think several times before taking out a loan, whether you will be able to make a monthly payment, and whether you will have enough funds to survive after paying your monthly debt. Finding yourself on the list of unscrupulous defaulters is much easier than maintaining your credit history at a confidential level.
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- Can I find out the loan debt at the home bank.
- Home Credit Bank in arrears?
- Does Home Credit Bank have a loan to collect alimony for debt?
- Debt on loans from Sberbank banks. Wtb.home credit. Fast money.
- Debt to the bank on a loan
- Bank loan debt
- Home Credit Bank Loan
- Court with the bank on loan debt
- Home Credit Bank
1. Can I find out the loan debt at the home bank.
1.1. Galina, you can. To do this, you need to apply with a corresponding written statement to credit institution... You must be informed about the presence or absence of debt.
1.2. Start on the bank's website personal Area and you will be able to control your debt. Or call by phone, which is available in the loan agreement concluded between the bank and you. But a personal account is more convenient and simpler.
1.3. You can. To do this, apply with a written application to the Bank with the requirement to issue a certificate of the amount of debt. This right of yours is provided for in Art. 10 of the RF Law "On Protection of Consumer Rights".
Respectfully yours, financial lawyer - Stepanov Vadim Igorevich.
2. Arrears of Home Credit Bank?
2.1. Hello, if not much better now to pay this loan with interest fines If it's been more than 2 months now, it's better not to pay anything at all, because first of all all your payments will go to penalties to expect them to appeal to you in court in court, you need to apply for application to you articles 333 Civil Code to reduce the penalty interest and also to bring forward a counterclaim for termination loan agreement to stop interest Then within enforcement proceedings you will be charged 50% of your monthly income.
2.2. Hello.
An agreement is an agreement of two or more persons on the establishment, change or termination civil rights and responsibilities.
Articles 819, 820, 307,310,309 of the Civil Code of the Russian Federation. What's the question?
2.3. Good day, dear site visitor! In this case, it all depends on the term of your debt, if the debt is small, it is better for you to pay it, if the debt is more than two or three months, then in this case wait for the trial, in court demand to reduce the penalty on the basis of Article 333 of the Civil Code Russian Federation, and after the trial, you have every right to write an application for Installment or deferred payment. All the best to you.
2.4. You should pay off this debt, or wait for the court to sue you. Or you can sue yourself to terminate the contract, if any.
2.5. Home Credit is one of the most rogue banks. The main thing is not to pay anything more, you can get rid of the debt if you act legally correctly.
Today, there are several effective legal ways to avoid collection under a loan agreement. These include the termination of the contract, its invalidation, the recognition of a citizen as bankrupt and the end of enforcement proceedings. And also there are some more legal tricks that will allow you not to lose your property and income in a dispute with creditors (banks). A credit attorney will help you to carry out all this correctly, write to the e-mail below.
Sincerely, credit attorney - Stepanov Vadim Igorevich.
3. Does Home Credit Bank have a loan to collect alimony for debt?
3.1. Hello Gulya!
According to clause 7, part 1 of Art. 101 of the Federal Law of 02.10.2007, No. 229-FZ "On Enforcement Proceedings", has no right.
You should send an application to the home credit bank for the return of the illegally withheld funds.
Based on the practice with this bank ,. I recommend that you send an application to the prosecutor's office to conduct a prosecutor's check in relation to this bank.
4. Debt on loans from Sberbank banks. Wtb.home credit. Fast money.
4.1. They provided the bank with their phone number as contact information. If threats come, contact the police. You can contact Roskomnadzor in the field of communications and telecommunications
4.2. After 10/01/15 you can go through bankruptcy proceedings and solve your problems with debts and collectors.
Question by topic
What to do if the previous tenant owes a home loan to the bank, and letters come to my address about payment of his debt.
5. What to do if the previous tenant owes a home loan to the bank, and letters come to my address about payment of his debt.
5.1. 1) you can answer in writing that you live at this address, and not the addressee
2) you can forward letters to the addressee (if you know where)
3) you can just throw them away.
5.2. Good morning to you!
In accordance with the Federal Law "On Banks and Banking Activities" you need to write a Request for legal address this credit institution in free form with the termination of sending letters due to the fact that the debtor of the bank (indicate all the data you have about him - full name, if possible also passport) no longer has permanent registration at this address and be sure to indicate not to send more writing, demands / threats.
In parallel, be sure to write a complaint about this to the Central Bank of the Russian Federation (this can be done in in electronic format on the website cbr.ru).
Be sure to send your letter to the bank by registered mail with notification, so that you have confirmation of receipt of your claim by the Bank.
Unfortunately, the term for consideration of this requirement is not so short - up to 30 working days from the date of its receipt by the Addressee.
Be sure to also indicate that if you continue to send letters, you reserve the right to contact the prosecutor's office!
And remember - calls to the bank demanding to stop sending letters do not bring success, since a non-core department will communicate with you by phone)
6. Arrested accounts for loan arrears. One of the accounts receives child benefits. The accounts were not arrested by the bailiff. In the account statements it is written that the decision was made by the Justice of the Peace, and the claimant was the Bank Home loan. Where to go to remove the arrest at least from the account to which the benefits come.
6.1. Hello. Take from the social. defense of a certificate that child benefits come to such and such an account. Take an account statement from the bank (unless, of course, you do not receive cash from other sources), write a statement to the bailiff, they say, remove the arrest of such and such an account, since child benefits are received on it. The bailiff will have to remove the arrest.
6.2. Hello! The bailiff will remove the arrest if only child benefits are received on this account. You must write a statement to the bailiff. Sincerely.
6.3. Olga, good afternoon.
If write-offs occur on the basis of a court order received by the bank, then contact to the bank with a statement on the need to comply with the requirements of clause 1 of Article 101 of the Federal Law on Enforcement Proceedings with the attachment of a certificate of grant assignment and an indication of the account number.
The bank is obliged to comply with the requirements contained in judicial acts, acts of other bodies and officials, on the basis of executive documents, in the manner established by the Federal Law on enforcement proceedings (Article 7 of the Federal Law No. 229), i.e. take into account the exclusion from the amount of benefit to be recovered.
7. In 2012, a Home Credit Bank card was taken with a limit of 100,000 rubles. Until October 2016, I paid without delays in payments, then the situation changed, but I still pay 500 rubles a month. The bank filed a lawsuit to pay the debt, but there was a decision of the magistrate to refuse. The bank again filed a lawsuit (district). At the moment, the loan has been paid out 600,000 rubles. Is it possible to do something? How to behave in court?
7.1. Lyudmila!
In this situation, I recommend that you carefully read the copies of the bank's documents in which their calculation of the amount of debt is indicated, because banks always unreasonably overestimate them. Basically, they do this on fines, penalties and other types of payments accrued by them. They do this with the expectation that citizens who are not aware of this will not notice such exaggerations. If you can't do it yourself, invite a competent lawyer who checked these calculations. If there are overestimations, you have the right not to recognize this debt in this part. If you recognize the debt indicated by the bank as a whole, then take all possible measures to reduce the amount of this debt. Good luck.
7.2. It is necessary to look at the documents and think about what can be done there, at least to reduce the penalty if it was declared possible, otherwise it is difficult to say without documents.
8. I took out a loan from Home Bank in 2012! Debt 140 thousand rubles! There was one payment and that was it. The loan was transferred to the PKB! Today I received a letter from the magistrate to recover from me a part of the debt in the amount of 20,000, as well as 400 rubles. State duty. What does a part of the amount mean and has the statute of limitations passed?
8.1. Andrey, good afternoon! You can prepare an objection and set aside this court order.
8.2. If you have received information about the issuance of a court order by a magistrate, then you need to contact this judge with a statement to cancel the court order.
The lender will have the right to go to court with statement of claim, within the framework of the court sessions, you can declare a pass limitation period.
8.3. Hello Andrei! The statute of limitations has apparently passed. What was in the letter from the magistrate, the court order? If so, it is necessary to declare to the judge about the disagreement with the court order and its cancellation. The application is submitted to the magistrate's court in writing within 10 days from the date of the court order. The judge will overturn the order.
8.4. You can familiarize yourself with the court order in the magistrates' court. And you can also write a statement to cancel the court order.
Question by topic
Accounts for loan arrears arrested. One of the accounts receives child benefits. The accounts were not arrested by the bailiff. In the account statements it is written that the decision was made by the Justice of the Peace, and the claimant was the Home Bank bank. Where to go to remove the arrest at least from the account to which the benefits come.
9. I wanted to consult. A year ago, I took out a cash loan at Home Bank. But I did not accept them, because the bank could not transfer money to my card. They made a mistake in the last name. The money was returned to my account in their bank. I called and said I don’t need money anymore. I was offered to cancel the contract. I agreed. And now the bank calls and says that I have a debt. I made out 60,000 rubles, now the debt is 38,000 rubles, they explain by the fact that the contract was not canceled, because after refusing the money, I ran up interest. They were unable to close the contract. I wanted to get advice on what to do next.
9.1. Write a statement to the court.
9.2. Good afternoon, Ekaterina.
In this case, you need to carefully study your loan agreement for the hidden conditions of the bank. If you have not used the credit money for the entire period of the agreement, and the loan agreement does not contain additional conditions such as the cost of issuing a card, which is included in loan payments or the cost of insurance, then in accordance with the Federal Law "On Protection of Consumer Rights" you need to contact bank with a claim to refuse to receive a service. I would also advise you to turn to a competent lawyer to protect your rights and legitimate interests, since an untimely or incorrect appeal to the bank may end for you with the payment of all the debts accrued for you by the bank.
10. The bailiffs debited money from the card. Initially, the debt was repaid on time. In early October, I applied to the local court authorities for registration and they gave me a paper that the money was in the account of the bank, with which I had all contracts closed. I turned to Home Credit, the money was returned to me.
And on October 17, I discovered that the balance on my salary card went negative. And again for the same amount as the previous time. According to the operator of my bank, the money was again written off for "incomprehensible" debt.
How can this issue be resolved once and for all? I do not have the opportunity to constantly ask for time off from work and ask my own money back.
10.1. Good day.
Apply to the court with an administrative statement of claim and appeal against the actions of the bailiff of the executor, who did not cancel the order on the seizure of your account after the termination of the enforcement proceedings after the debt has been paid off.
11. I was sent an SMS from the Savings Bank that they would collect money from me to repay the loan debt to Home Credit and Finance Bank LLC by court order. On October 1, 2019, I paid off the debt in full, went to the bailiffs, there was nothing against me, I turned to the court department, they sent me to Sberbank without giving any documents, the Sberbank said that without an order they would not remove the arrest from the card. On 10/9/2019 I called the claimant, they confirmed that the payment had passed, but they did not revoke the arrest, and my salary is coming soon, which means that 50% will be removed again and what should I do in this case?
11.1. File a complaint with the bank. Collect losses from them.
12. I wanted to take out a mortgage, but the bank found an overdue debt in a home credit bank. The most interesting thing is that many years have passed, no courts, no bailiffs tell me what to do?
12.1. Hello.
1. Get a credit report from the credit bureau.
2. to file a claim in court.
Question by topic
In 2012, a Home Credit Bank card was taken with a limit of 100,000 rubles. Until October 2016, I paid without delays in payments, then the situation changed, but I still pay 500 rubles a month. The bank filed a lawsuit to pay the debt, but there was a decision of the magistrate to refuse. The bank again filed a lawsuit (district). At the moment, the loan has been paid out 600,000 rubles. Is it possible to do something? How to behave in court?
13. There is a debt in Home Credit Bank, there was a decision of the magistrate court, but the letter did not come, they asked to pay the entire amount, but I do not have such funds, I do not work. Is it possible to write an application to pay small amounts in installments and who to contact in this situation? Today a small amount was paid through the bailiffs.
13.1. I ask you to clarify whether the decision of the magistrate court or the order was issued?
14. Mongush 9:50
Hello, in 2011 I took credit card tinkoff bank and regularly paid, also in 2011 I took a home loan from the bank, I also paid regularly, but then my son died, stress, depression, and I moved and stopped paying, now I have legal debt on loans, the amounts are huge, from the amount that I took, they sued me without my knowledge, I just found out about this, in this situation what can be done? To reduce the amount?
14.1. The procedure is standard - to restore the deadline for appeal - to appeal the court decision on the amount of the debt - to apply to the creditor with an application for debt restructuring - to apply to the court with an application to change the order and method of execution of the court decision.
14.2. To cancel a court order that has entered into force, it is necessary to send to the judicial department that issued the order, a petition to restore the time limit for filing an objection to the execution of the court order and an objection to the execution of the order. The petition can refer to a violation of the rules for the provision of postal services, and also indicate the reasons why the judge had no reason to issue an order, there are a lot of them. Then the order will be canceled.
15. It is necessary to write a letter to the home credit bank about the withdrawal of the claim for a loan on loan arrears.
15.1. Hello Askar. Only the plaintiff (the one who filed it) can withdraw the claim. The defendant may admit the claim or present arguments refuting the position of the plaintiff. You can also finish the case by concluding an amicable agreement.
15.2. We will help you arrange the necessary documents.
15.3. Contact the lawyer of your choice on the website.
16. Debt is written off from the Sberbank card. Home bank debt. I was looking for myself on the FSSP website, but I did not find it. The loan was issued for one registration. After 3 years, she changed her registration and moved to a different address. The question is, can I travel by train freely around the Russian Federation? Will the bailiff be removed from the train, because they are probably looking for me, maybe I changed my registration?
16.1. Hello! Move calmly around the RF. Travel bans apply only to traveling abroad, Article 67 of the Federal Law On Enforcement Proceedings.
Question by topic
I took out a loan from Home Bank in 2012! Debt 140 thousand rubles! There was one payment and that was it. The loan was transferred to the PKB! Today I received a letter from the magistrate to recover from me a part of the debt in the amount of 20,000, as well as 400 rubles. State duty. What does a part of the amount mean and has the statute of limitations passed?
17. What documents are needed to sue for a home loan. Took consumer credit On August 5, 2013, on August 6, I came and refused it, because I did not see that the specialist took out additional insurance. The department said that the contract was closed and I didn't owe anything else. No supporting documents were given. Half a year later, in January 2014, the bank started calling me and presenting the debt. Then they sent a request and the proceedings began, the store from which I took out a loan also transferred money in 2014. They stated that everything was closed and apologized. And now, 5 years later, they started calling again and presenting the debt. Tell me what documents are needed to apply for a bank in court.
17.1. Hello, did they send in any written requests for payment of the debt, did you record your phone calls?
17.2. Apply Articles 333, 196 of the Civil Code of the Russian Federation.
17.3. Dear Anna! Contact any Attorney on this site for qualified legal assistance. Best regards, Vladimir Alexandrovich.
18. Greetings to the forum participants!
I would like to ask for help in resolving a very difficult situation.
So, grief happened in our family, my brother went crazy.
This was reflected in the fact that he became a gambling addict, once he had everything he needed for life, but it so happened that now he lost everything he had and imposed loans and loans on his wife and himself, he set up my father too.
The bottom line: At the moment, my father has 4 loans, 2 pcs VTB (payment 15600 per month, repaid by 50%), 1 pc Home loan (payment 3400 per month, repaid by 20-30%), and Post Bank ( here is the most difficult) there was 200 thousand debt and 7000 rubles a month payment, but my brother took a phone at night and a loan agreement signed a new agreement via the Internet, taking 500 thousand and paid off the balance of the debt, and withdrawing 300 thousand from an ATM. Now it is new loan payment for 600 thousand and 15200 rubles per month (prolonged to 8 years and 11,600 per month), there is no loan agreement, because it was taken via the Internet, an application to the bank, of course, did not give anything. (2 months already overdue, 2 weeks as I found out)
Question: I ask for help in determining the ways out of this situation, in fact, he must give 15600 + 3400 + 11600 \u003d 30600 rubles per month with a salary of 38-40 thousand rubles, and also paying for housing and communal services 10,000, the mother (disabled) gives the entire pension ( 8600) in utilities. in fact, there is now nothing left for life.
I can also help very limitedly (shame on me).
WHAT CAN BE DONE IN SUCH SITUATION? STATEMENT OF FRAUD? BANKRUPTCY? WAIT FOR COURT ORDERS? WHAT ELSE? I do not want my father to die in poverty and debt, I love him, HELP!
18.1. Hello! You can evict and remove from the registration of this gambler and that's it.
19. I am writing to you with such a problem, the home credit bank has accumulated a debt for me since 2007 without notifying me that I had to pay 140 rubles per month to the minimum payment by credit card, now I have an overdue debt of 51,000 rubles. I ask you to help me and is the bank right in this situation?
19.1. Good day.
If you don't agree with the debt, don't pay.
But you need to read your contract, which you signed.
If they file a lawsuit, then you must definitely contact a lawyer, for example, me, my contacts are below.
I can say right away that all the debts that they will not be able to collect earlier than 2016 if they are disputed with reference to the statute of limitations.
20. There is a debt in the Home Credit Bank, calls from the bank were repeatedly received, the bank employees conducted a dialogue in an inaccurate manner, switched to raising the tone, did not listen to the end, were misleading, a call to relatives became an extreme boiling point, an attempt of psychological influence, disclosure of information about what I do, that they are obliged to influence me and insults them. I called the bank, they said that a bank employee is dealing with my debt and her actions are illegal and work will be done with her. I would like to clarify: how can such calls be stopped, what laws regulate the actions of bank employees, in what order can I bring the bank and specific persons to justice and compensate for the moral harm caused to me and my family.
20.1. There are several options:
1. Block bank numbers for you and your relatives.
2. Write a letter prohibiting the use of your personal data, as well as personal data of third parties.
3. You are unlikely to prove moral damage, and you will spend more money and time on the trial itself, but you can write a complaint to the Central Bank of the Russian Federation.
Question by topic
The bailiffs established an arrest on a home credit credit card (housing and communal services debt), wrote to the bank asking how to repay the loan if the card was arrested, to which the bank told me to pay off the debt so that the arrest was lifted, but I cannot pay the entire debt, and it turns out now there will be a delay on a loan and a penalty, how to influence the bank so that they give another account so that there is no delay (debts due to illness, this year they gave 2 disability group indefinitely)
21. Bank home credit calls and says that you have a debt of 13 years ago. The loan was repaid on time, took for 1 year.
21.1. Add the number to the blacklist and business. They have already passed all the statute of limitations 10 times.
21.2. Ivan, good afternoon! In no case can it. The Central Bank of the Russian Federation has developed a Basic Standard for credit institutions, as well as for MFOs, which sets out the maximum amount of interest accrual.
Your actions should be as follows:
1. Send a letter to the creditor, in which you describe the essence of your situation - ask for the calculation of charges.
2. If there is an opportunity, come to the Bank's office, hand over a letter to the employees (MANDATORY UNDER THE INCOMING NUMBER - ASK FOR A STAMP OF ACCEPTANCE, SEAL, DATE, SIGNATURE, ENCRYPTION! SO THEN NO ONE SAID THAT THE LETTER WAS NOT SUBMITTED! )
3. You MUST respond within 30 days, in extreme cases after 60 days
4. Upon receipt of a letter from the Bank, write a letter to Central bank RF with a copy of the bank letter. All credit organizations controlled by the Central Bank of the Russian Federation, they are obliged to check your facts.
5. Make audio recordings of all telephone conversations, save all letters, SMS messages, record phone numbers.
22. Seize Home Credit Bank credit card. I must have a payment, but I cannot make it, because they say I need to pay off the debt to the bailiffs. The delay is already 13 days, I want to deposit the bank, but they do not take it. Credit history deteriorates, and for me it is important. The employee herself PJSC Sberbank, I am on maternity leave and cannot pay taxes yet, the amount has accumulated there 100,000
22.1. The bailiffs have the right to seize all accounts, including credit ones. FZ-229. Therefore, you have the only way out - to negotiate with the bailiff. If you don't lift the arrest, you won't be able to do anything.
23. In 2013, I took out a loan from a home bank in the amount of 200,000 rubles. + imposed insurance 23 232 rubles at 56.61% per annum. Having paid 106,000 rubles according to the payment schedule, problems with work began. Then he no longer paid due to the difficult financial situation. The amount owed to the bank was 374,593.02 rubles. On 5 June 2019, a court order came to collect a debt from me in the amount of RUB 374,593.02. (including 195,012.45 rubles - principal debt, 35,861.76 rubles - interest, 0.00 rubles-commission, 27,726.26 rubles - fines, 115,992.53 rubles-losses) + state duty 3472.97 rubles. Question: what to do? And how to reduce the amount of the penalty?
23.1. First you need to go to the court that issued the order and write a statement of disagreement. The order will be canceled and the case will be considered first in general order... If the last payment made by you was more than 3 years ago, it will be possible to declare that the Bank has passed the limitation period and the case will be terminated altogether. If less than 3 years old, ask for a recalculation of interest, deferral or payment by installments.
23.2. Artem, hello.
It is necessary to file an objection to the court regarding the execution of the court order, the term - within 10 days from the date of receipt of the court order.
The order will be canceled and you will not have to pay.
Perhaps after that the bank will again go to court in the course of action.
If you received an order on 05.06., Then the last day of the appeal period fell on a day off, so the end of the period was postponed to the next working day, i.e. for tomorrow, 17.06.
If you do not send your objection tomorrow, then you will need to restore the time limit for appeal, for this you need to draw up a separate application.
If you have any questions, please contact us.
23.3. Hello Artem!
It is necessary to prepare a reasoned objection to the court, after which you can completely write off your debt by filing a claim to challenge the amount of debt.
24. I took a loan from Home Credit Bank 10 years ago and did not fully repay it, today they called from the First Collection Bureau, they said that my debt was transferred to them, do I have to pay?
24.1. Good day.
Have you heard of the statute of limitations? You've probably heard. And the collectors know about it too! Not for that the collectors bought your debt just to hear about missing the statute of limitations! Do you know that the limitation period can be interrupted and generally start flowing again? Now the collectors will be occupied precisely so that the statute of limitations begins to flow anew! Do you know about this?
Question by topic
In 2014, they imposed a credit card at Home Credit Bank for 10,000.00, they said it was necessary to activate it, they did not use the card, it was no longer available. They said that you can forget about it after activation. In fact, in the credit history for today, the debt on it is 16,000.00. For activation, the amount of 700.00 rubles was withdrawn and apparently the debt increased by this amount. What can be done in this situation? Thank.
25. In 2015, I took a loan from Home Bank for more than a year, I paid regularly, then due to difficult family circumstances I could not pay, after 3 years a court order came to pay off the loan with interest on the debt, which again I am unable to repay. What are the consequences to expect and what can be done from the date of receipt of the order has not yet passed 10 days.
25.1. It is necessary to immediately write to the court objections to the cancellation of the court order. The court will cancel the order if 10 days have not passed from the date of receipt. And then wait for a claim in court and apply the statute of limitations.
26. Home Credit Bank took out two loans in 2008, with a difference of six months. The first time I paid, but then for personal reasons I could not pay them. At first, the bank sent me claims, but never filed a lawsuit. I generally forgot about these loans. But at the end of 2017, they called me and offered to participate in their "Debt Amnesty" action and sleep well. The operator misled me and based on her words, I realized that the debt would be closed when 20 percent of the total debt was paid. Naturally, I agreed. After payment they sent me, supposedly, a letter of inquiry stating that they had no complaints against me. But I did not receive the letter. A year has passed. I needed funds, applied to the bank for a loan, and when checking my credit history, I found out that these two loans were not closed. I went to the home bank to get that very certificate and find out why the loans were not closed !? I have been waiting for this certificate for a long time, and finally I have it in my hands and this is what it says: According to the terms of the "Debt Amnesty" campaign, when paying 20 percent of the debt, the Bank, in turn, is ready to change the collection procedure, that is, calls, SMS notifications, etc. letters will not be received anymore, fines will not be charged either. The conditions of this promotion are fulfilled by you. If you want to receive a certificate of full repayment of the debt, you need to pay the entire remaining amount of the debt.
I took an additional statement on my credit accounts, they divided my amount and planted it as interest payment.
Tell me what to do? Should we sue them for a statute of limitations? Or is it easier to start paying off these loans?
Thank.
26.1. The limitation period is not applicable in this case, since it is calculated from 2017, from the date of the last loan payment. The bank, having offered you a share, went for a trick. By agreeing to it and paying the amount, you have interrupted the limitation period. Since you are a debtor, you are obliged to fulfill obligations in accordance with the loan agreement (Article 819 of the Civil Code of the Russian Federation).
27. I would like to ask you a question about my loan. I have a loan in a home bank loan debt of 279,000 tenge for today my case was given to a collection agency although I fulfilled all their requirements in one month I paid 158,000 plus another 25,000 and plus 35,000 even after this month after the collector's call I paid another 40,000 thousand now today they demand another 100,000 to pay I don’t have time to pay until 5 pm because I live in the village for this I need to go to the district I explain to them to give time until May 2 they don’t give much they say that I’m fired from work They also say that they will write a complaint to the director, explain what awaits me.
27.1. Where do you pay? Check with the bank the amount owed by requesting an account statement.
28. In 2006, a telephone was purchased on credit (home credit bank), monthly payments were not paid after a few months, the bank sold the debt to collectors and did not report this to the banks, later the debt to the collectors was closed, confirming the document (about the absence debt) is available, and the loan is still listed as active in the bank. How to fix the situation?
28.1. You shouldn’t have paid the criminals-"collectors". The bank had to pay. In any case, you need to deal with the bank and about the repayment of the loan and about the illegal "transfer" of debt.
Question by topic
I have a debt at Home Credit Bank. Now I pay in part. Employees of this bank from different numbers call people whose numbers I did not give and tell them all the information about my debt. Please tell me on what basis they have the right to disclose my personal information to people who are completely outsiders (they called my mother-in-law's neighbor, they didn’t know where they got the phone number from), and they also threaten that they would come to arrest the property. How can you influence them?
29. My husband borrowed a phone through Home Credit Bank, we paid steadily for 4 months, but then my husband was fired and there is no way to pay the loan. We have a delay of half a year, and they call us and say that the debt is 59 thousand (the loan amount is 72 thousand, they paid 3.500 per month) can they sue us or write off the property?
29.2. Hello Anastasia!
Firstly, in accordance with Part 1 of Article 819 of the Civil Code of the Russian Federation, under a loan agreement, a bank or other credit institution (lender) 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 received sum of money and pay interest on it.
Secondly, the actions of any Bank in case of violation by the borrower of the terms of the loan agreement is quite predictable, as evidenced by the numerous court practice in credit litigation in Russia.
1. First, the employees of the Bank will persuade the borrower to pay the loan and interest on it voluntarily, while they can frighten him with the court, initiating a criminal case, collectors, etc.
2. Then the Bank can transfer this matter to really “collectors”, who will more often annoy the borrower and his relatives, intimidate and try to “knock out” the amount of debt with various tricks, incl. by transferring to your accounts.
Many borrowers fall for such tricks and pay their money to someone unknown, which is not later taken into account by the Lender and the Court in repayment of the debt and interest on the loan.
3. If, for example, the loan is not more than 200,000 rubles, then the Bank will not rush to go to court, since it is not profitable for it, but it is profitable for it to receive interest, incl. raised from the borrower, which are "wound" from him in favor of the Lender in accordance with the terms of the loan agreement.
4. After collecting the debt on a loan with interest in court, this case will be included at the request of the Bank bailiff, and this will already be for the borrower:
- arrests of the borrower's bank accounts, not only his accounts can be arrested, incl. the credit account to which the mortgage is paid;
- arrests of his property, incl. on the joint property of the spouses;
- restriction on travel outside the Russian Federation;
- collection of a 7% performance fee from the debtor by bailiffs, for example, from the amount of the debt of 400,000 rubles. the performance fee will be \u003d 28000 p.
For such a sum, the bailiff-executor will be even very
actively work with the debtor to recover from him the amount of the debt and the performance fee, from which the bailiff will receive the award himself.
Thirdly, the litigation with the Bank, unfortunately in such situations, is the best way out for the borrower who cannot or does not want to repay the loan to the Bank himself, because only in court, the borrower with the help of a lawyer will be able to deal more realistically with his debt,
and also try to reduce the amount of the Bank's claims in the form of increased interest (penalties), perhaps a lawyer will help to find non-accidental "mistakes" of the Lender in his Calculation of claims. This happens quite often in jurisprudence in civil cases on claims of Banks.
Fourth, finally the most important thing for the Borrower!
If the borrower receives a copy of the claim or a copy of the Court order from a specific Court, then in this case he urgently needs legal assistance, in which a specific lawyer can help him, incl. and from this site by agreement.
The lawyer will help the borrower to cancel the Court order in accordance with Articles 128, 129 of the Civil Procedure Code of the Russian Federation, and will also do it on the basis of copies of those documents (loan agreement, loan repayment schedule, receipts for loan repayment and interest on it, claim and calculation of the plaintiff, correspondence with the Bank etc.), which will be provided by the borrower, a legal opinion and recommendations, and, if necessary, will help to draw up written objections to the Bank's claims to collect debt on a loan, the amount of interest and increased penalties.
Article 333 of the Civil Code of the Russian Federation is not a "magic wand", but only an opportunity, with the help of her and a lawyer, to try to apply to the court with a written request to reduce not interest on a loan, but only increased penalties.
Borrowers and their guarantors need to know and remember that Bankers do not forgive debts to anyone, they give their money to everyone for temporary use at good%, and naturally return it to themselves in a larger amount. That's why they are Bankers.
Banks and their specialists (lawyers, financiers) have vast experience in collecting debts from borrowers, so "arguing" with the Bank in court without the help of a lawyer means depriving yourself of the opportunity to at least reduce the amount of claims in the form of penalties.
Good luck to you.
29.3. They have the right to go to court. As for the seizure of property, this will be done by bailiffs.
30. At the end of 2004, I took out goods on credit from Home Credit Bank. Paid in 2005, but the workers did not count the entire amount, when the workers were dialed, they could not answer exactly why the debt was formed: then 1 kopeck was not paid in addition and in 2 months the debt increased to 404 rubles; then there is no single payment. I wrote a letter to the manager with copies of payments. All calls have stopped. Now, 15 years later, the debt has suddenly revived. 2008 the debt was written off, and in February 2019 it revived. Although I opened salary card in 2018 And only this year they debited from the account but already 625 rubles. Is it legal? And what are my next steps? Thank.
30.1. Contact the Bank where the account is opened. Find out on what basis they wrote off. It is possible that some other debt is even.
The concept of a borrower / debtor for a loan / credit is introduced in Article 807 of the Civil Code of the Russian Federation "Loan Agreement". The borrower is defined as the party to the loan / credit agreement who accepts the money and is obliged to return it.
Types of bank loan debtors
Bank debtors can be classified as follows:
- by loan currency - ruble and foreign currency borrowers;
- by type of loan - mortgage, auto loan, consumer;
- by the degree of delinquency - from standard, servicing loans on time and in full, to bad ones, in terms of repayment of borrowed loans;
- by age, region, professional affiliation.
How many debtors on loans each bank has and banking system Russia as a whole - information that can hardly be called open and accessible. According to expert estimates, the problem debt of individuals at the beginning of 2015 increased by 52%. In particular, the Bank of Russia notes that the number of borrowers on outstanding mortgages as of January of this year was approximately 25 thousand.
Loan debtors' rights
Standard rights include:
- the right to information about the full (effective) loan rate;
- the right to choose the method of loan repayment - annuity or differentiated payments;
- the right to early partial or full repayment without commissions and penalties - provided by most banks;
- a number of financial institutions, for example OTP Bank *, make it possible to choose a convenient date for a monthly payment (paid service);
- the right to receive a certificate of the absence of debt after full repayment of the loan.
Since July 1 of this year, Russian borrowers - bank debtors - have received a number of significant additional rights. Federal Law No. 476-FZ of December 29, 2014 introduces a bankruptcy procedure for an individual in Russia.
Now the client can be declared insolvent and receive legal protection from the creditor if he applies to a court of general jurisdiction in the presence of the following conditions:
- The total amount of debt exceeds 500 thousand rubles.
- The delay in payments is three or more months.
In this case, the court of debtors on loans can be an ordinary district or city one at the place of residence.
It should be noted that the borrower can sue with less than 0.5 million rubles. debt, if there are strong arguments that it cannot service such debt. A mandatory participant in bankruptcy cases, in addition to creditors and the debtor, is a financial manager for a loan transaction approved by an arbitration court.
Debtor databases
Official databases related to bank borrowers are presented on the website Federal Service bailiffs
(FSPP) in the "Information Systems" section.
Visitors can use the following search directions for enforcement proceedings:
- Databank (public segment).
The first database allows you to find information about an individual by entering the region of residence, full name and date of birth. You can search by the executive case number. The register works on the basis of the region, the name of the debtor on loans, his name and patronymic. The advanced search function is possible.
Of non-state databases of debtors, one can note information resource "Credit and Debt Network".
The search service has the following sections:
- common base;
- list of loan debtors - data on individuals;
- information on legal entities;
- alimony debtors;
- debtors from the FSPP register and those for whom there is a court decision.
Loan debtors website
The above information is intended primarily for creditors. Their goal is to find problem borrowers. The debtor site solves the opposite problem. This is a web resource designed to help a borrower in a difficult situation.
What a visitor can learn:
- thematic news;
- reflection of the topic of debtors in social networks;
- counteraction tips;
- specialized legislation;
- service for checking tax arrears;
- how to create and work with credit history.
Separate sections are registers of debtors and tips useful when servicing credit debt.
Role of the NBCH
The largest Russian bureau is the NBCH. The National Bureau of Credit Histories has the largest base in the country. It is with this bureau that the credit and financial institutions of the Russian Federation closely cooperate at all stages of work with the borrower - from his application for a loan, to full repayment of debt or the occurrence of a problem situation. Your consent to the transfer of data to the BCI is an indispensable condition for the issuance of a loan.What the NBCH can offer to an individual borrower:
- information about what a credit history is and what it is for;
- the ability to check and challenge your story;
- credit history code;
- necessary references.
- If you have any problems with debt servicing - try to find a common language with the bank's loan officers. Be honest about your situation and ask for advice.
- Suggest a sensible debt restructuring mechanism, credit holidays (deferral of payments on the "body" of the loan) or currency exchange (for foreign currency loans).
- Check with the bank the full debt for a specific date - the amount of the principal debt, interest current and overdue, commissions, fines and penalties.
- Pay at least some amount to repay the loan.
- Be prepared for the creditor to go to court. Weigh your chances in this situation with a lawyer.
- Get ahead of the bank if your debt options are subject to bankruptcy. Receive legal advice, incl. and in court at the place of your registration - district or city.
In recent years, the number of litigations between borrowers and banks has increased significantly. According to statistics from Home Credit Bank's credit bureau, debtors of the bank are 20% more likely to go to court than debtors of other banks. Last year, the number of such citizens has already exceeded 200 thousand.
The deterioration in the quality of borrowers has long been known, but now the situation is even more aggravated due to economic instability in the country. According to the head of the research department of NAFI, Irina Lobanova, in 2014-2015 the situation became simply catastrophic. 43% of debtors are confident that the bank will provide them with a deferral to repay the loan. If in 2012 non-payments on loans began on average after 8 months, then over the past year this period has decreased to 4.5 months, and 2014 broke all records for the growth of overdue debt, as statistics show. Last year, Home Credit Bank sued 4 billion of its funds in court.
Home Bank analyzed the situation and identified several typical mistakes of borrowers, which later lead to delays.
- Many borrowers believe that it is more profitable to take another loan in order to pay off the debt on the first. It only makes them worse financial position... In this situation, it is better to seek help from relatives and friends;
- When applying for a loan, potential debtors do not think about whether they will be able to pay the required amount every month. You must very carefully compare your financial capabilities and monthly loan payments;
- Cancellation of insurance. Of course, you don't want to think about the bad, but insurance can save the situation in the event of a disability or layoff at work;
- Do not answer calls from the bank. Such behavior can only worsen the position of the defaulter. In this case, it is better to pick up the phone and talk to a bank representative, explain what difficulties have arisen. Perhaps the bank will agree to make concessions and provide a loan deferral. By going to the Home Credit website, you can apply for a postponement in writing or discuss the issue arising from the debt with a specialist by calling online;
- A surety. Even if the person you are sponsoring is a relative or friend, the risk is still very high. In case of non-payment of the loan, the bank will have to demand repayment of the loan from the guarantor. And, even in the event of a delay in payments by the borrower, the guarantor's credit history may be damaged, and the application for a loan for oneself may later be rejected.
Home Bank's work with debtors takes place in several stages. At the first stage, the early delinquency department deals with the debtor's case. If the delay in payments is from 30 to 120 days, the debtors receive regular SMS with a polite reminder to pay off the debt. The borrower is called by the call center staff, who are obliged to speak politely with clients.
Call center work is conventionally divided into 5 "skills" (stages). On the first "skill" the call center employee politely reminds of the delay and waits for a while. If the client does not pay for another month, the case is transferred to the employee of the second "skill", who warns the debtor that his credit history may be damaged for a long time. On the fifth "skill", the conversation with the client takes place in a more aggressive form and the debtor is required to pay the loan amount in full. The rules of conversations for each "skill" are spelled out in scripts, which each employee of the department must follow.
If the client still fails to pay, the case is referred to the department at a later delay. Employees of this department pay visits to the debtors' place of residence and work. They find out what lifestyle their client is leading, how solvent he is. In the event that the client does not live at the specified address, the department inspector must find out where he can be found. For this, he has the right to make inquiries in pension Fund and other instances.
At the third stage, the bank transfers the case to the court and the bailiffs deal with the debtor, who find out if the client has any property or real estate, which in case of non-payment will be arrested. Not very long ago, banks were allowed to sell particularly complex cases to collection agencies. And they, as you know, do not stand on ceremony with their clients at all, since they are directly interested in returning the required amount.
Bank customers need to remember that if there is a risk of non-payment of the loan, the best solution would be to contact the bank's employees personally and discuss the current situation, or go to the Home Credit bank website and ask for a delay in writing.
Everything started optimistically with a proposal to issue an approved loan. As a result of the conversation with the bank employees, I turned to the branch to sign the loan documents. I will clarify that I applied on June 23, 2017. Instead of the amount that we negotiated, I found out that I would get less in my hands and that total amount more credit, because be sure to take out insurance. The specialist asked why I sign two documents for insurance? To which he answered me, and that one program is family protection (and according to the employee's words "financial protection"), and the second "asset plus". The office manager said the insurance program couldn't be abandoned.
On June 26, I wrote to the department of an application for exclusion from the list of insured persons, but my copies of applications were not given. The next day, I again turned to the department for copies of documents, but according to the employee, they were already sent to the insurance company. I insisted on re-application, because It was important for me to have documents confirming my actions to guarantee the return of the amount for insurance. The bank employee said that the printer did not work for them and it was pointless to write a statement. Throughout the situation, as a whole, I left a claim, but I was not told the claim number and the response time. Leaving the bank, I called the call center of the insurance company and found out that they had not received the documents.
On June 29, I came to re-write the application (the printer started working), but now I was refused. She left an application to provide me with copies of documents, they promised to provide an answer within 5 working days. The next day, completely desperate, I turned to the insurance company itself and left applications there, because They did not receive any documents from the bank. I was very surprised to learn that under the "asset plus" program, the agreement was concluded on June 21 (remember that I first contacted the bank on June 23). The bank negligently treated its obligations (both the transfer of applications to the insurance company, and the provision of copies of documents and a response to the claim). I believe that if a bank values \u200b\u200bits reputation, then it should provide high-quality training for its employees! From the correct provision of information to the expression of employees' faces. Following from the above, I concluded that the bank deliberately violates the rights of consumers and the law!
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