Loan agreement vtb 24 sample mortgage. Sample drawing up a loan agreement and termination of the loan agreement
Today, VTB Bank is one of the largest in Russia. For his clients, he has developed a wide range of services and additional options that make it easier to work with the bank. To feel them to the fullest, it is worth concluding a comprehensive service agreement and opening a master bank account. In this article, we will consider in detail the features of the contract, its pros and cons.
Customer Service Policy
When opening a bank account, obtaining a plastic card or a loan, VTB strongly recommends concluding a comprehensive service agreement. It opens up really wide opportunities for the client of the bank, in particular:
- automatically connects to the VTB Internet banking system;
- opens a master account that works with three currencies;
- provides for SMS-informing;
- provides a personal manager;
- allows you to cash out money without commission;
- allows you to conduct transactions with the card through an ATM in any country;
- allows you to manage funds without restrictions and limits;
- There is no charge for account maintenance.
It is worth noting that sometimes the contract can be concluded regardless of the desire of the client. The DKO Department regulates its mandatory registration in the following cases:
- when receiving a salary card;
- upon receipt of a non-embossed credit card;
- when registering in the Internet banking system.
After completing all the paperwork, VTB immediately opens a master account, connects Internet banking and alerts. A ruble card is also issued. Its validity period is equal to the term of the contract. Legal entities additionally receive a VTB commercial card.
Applying
To conclude an agreement, the client must personally visit a VTB branch. You must have an identity document with you. A bank employee will offer to write an application, as well as fill out a questionnaire. To save time, you can fill out the questionnaire at home. The form to fill out is available on the official website of VTB.
To terminate the contract, you also need to write an application at the VTB branch. It entails the closure of all accounts and the disabling of all options provided within its framework.
Multicard service package
When concluding an agreement, the Multicard service package becomes available to a VTB client. We will consider its features in the table below:
Master account features
Immediately after the conclusion of the contract, a master account is opened in three currencies: rubles, dollars and euros. It becomes active on the same day. Persons who have opened a master account, in addition to standard financial transactions, can buy compulsory medical insurance, units of mutual funds and currency, as well as exchange it at the most favorable rate.
Additionally, the client is issued a ruble card from the payment system Visa or MasterCard. It is the main tool for conducting key income and expenditure transactions. With it, you can pay for purchases in the store, withdraw cash, transfer funds to another card.
Deposit and withdrawal of cash
You can fund your master account in a variety of ways. However, the fastest and most convenient is to use VTB Internet banking. To complete a transaction, follow the following step-by-step instructions:
- Log in to the VTB Internet banking system by entering your username and password.
- In the main menu, open the "Payments and transfers" section.
- Select "Transfer by bank details".
- Fill out the form, indicating the BIC and TIN of the financial institution, account number and other data.
- Specify the size of the transfer.
- Confirm the transaction with a unique code that will be sent to your phone.
Another way is to use the bank transfer system. Just come to the cash desk of VTB Bank and hand over the details and cash to the teller. Wait for it to issue a payment receipt. You can also use various services that carry out money transfers. In Russia, Unistream, Qiwi and Euroset are the most popular. You can withdraw funds through an ATM using an instant issuance card linked to your account, or you can order cash at a VTB branch.
Comprehensive service from VTB has many undeniable advantages. The main one is that the client has access to an extensive package of banking services free of charge. In addition, a master account is opened in three currencies and a plastic card is issued, when using which no commission is charged.
In fact, the sample loan agreement is typical for a bank. Yes, everyone has their own - Sberbank, VTB 24, Alfa Bank have different forms. But the form is standard for all borrowers of one bank. Only essential conditions change. The name of the borrower, his passport data, TIN, year of birth, place of registration, loan amount and validity period of the document are entered in the form. For example, Sberbank structures all these items into a table so that they are more readable.
You can download a sample standard loan agreement with a bank for free
At the same time, the conditions, of course, can vary depending on many factors: the presence of a pledge, a guarantor, etc.
If it is necessary to terminate the agreement, then an application is written. This may be an application for early repayment (full or partial), an application for restructuring (in this case, the old document is also terminated and a new one is signed instead), etc. In any case, the borrower can terminate the agreement in only two ways - write an application to the bank or sue. The only compromise is to simply pay the full amount of the debt.
Loan agreement and essential terms of the loan agreement
This is a document that must be concluded in the event that a bank lends money to a borrower. As a rule, any bank in the Russian Federation has its own standard model, the content of which has already been agreed with lawyers. On an individual basis, of course, the bank can remove some condition or, conversely, introduce additional conditions into the document.
Essential terms that should always be included in a loan agreement:
- each party (borrower and lender) is indicated;
- loan terms;
- loan amount, monthly payment;
- the procedure in which it can be terminated at the initiative of the borrower or the bank.
Most often, these data are simply entered into the loan agreement and then they simply sign the completed sample.
It is very important to include all essential conditions in the sample. Since, for example, if there is a court, then such a document may be invalidated.
– the content of the loan agreement with the bank
According to the norms of the Civil Code of the Russian Federation, any sample of such a document must first of all contain all the essential conditions (credit term, amount, responsibility of the parties, their names). Otherwise, the agreement can easily be invalidated and the money will no longer be possible to return.
Termination of the loan agreement - conditions and procedure
Termination is possible at the initiative of either party. Most often, how termination can occur is indicated directly in the document itself.
If the borrower himself wants this, then he writes. In this case, he simply deposits the entire remaining amount of the debt and the credit account is automatically closed. If he does not agree with the amount of the debt, then he can write an application (claim) to the court outlining all his requirements and claims. In this case, termination is possible by a court decision.
If the initiator is the bank, then he must notify the borrower about this in advance. But it is worth understanding that it is no longer so simple. There must be substantial grounds: the borrower must not repay the loan or the agreement must expire. In this case, the termination will be automatic and the borrower must return the amount of the debt within 14 days.
If the limitation period (3 years) has expired, and the bank has not declared its claims, then the contract is automatically closed and a claim in this case is no longer possible.
Termination of the loan agreement at the initiative of the borrower how does it happen?
If we consider how to terminate a loan agreement with a bank unilaterally, then it is only possible to go to court if the borrower does not agree with the amount of the debt or with some conditions under the document. Or you can write a statement if the borrower wants to resolve everything peacefully. For example, Sberbank offers restructuring or deferred payment with subsequent payment of interest. In this case, you also need to contact the bank - the old document has been terminated and a new one will be signed instead, with new conditions.
The repayment of the debt is also considered the termination of the agreement. In this case, it is advisable to protect yourself and also write a statement (if the debt is repaid ahead of schedule).
Application for termination of a loan agreement with a bank - sample
Such a document, first of all, should contain basic information about the loan: the number of the loan agreement, the full name of the borrower, the date of signing, and the reason why termination is possible. How such a document should look can be seen
It should be understood that the reason must be really significant and weighty, and not just an unwillingness to pay the debt.
Can a bank terminate a loan agreement ahead of schedule - reasons
Interestingly, the bank has the right to terminate unilaterally. The loan agreement may be terminated in the event of:
- the statute of limitations has expired. Most often, this applies to credit cards, where the validity of the document is not limited. It may simply not be automatically renewed, and then the person will have to immediately return the entire remaining amount of the debt on the credit card;
- a person has not paid a loan for more than a month;
- any other clause of the agreement is violated (the client did not provide reliable information about himself to the bank).
If there is a unilateral termination of the agreement, then the bank must send a notification about this. After that, within 14 days, the borrower must fully repay the debt with all interest and losses of the bank.
Limitation period for a loan agreement
According to the Civil Code of the Russian Federation, a loan agreement has a standard limitation period of 3 years. The limitation period begins to run from the moment a natural or legal person is notified of his debt. When the contract is unilaterally terminated and a demand is made for the full repayment of the loan, from that moment the limitation period begins to be calculated in full on the amount of the entire debt.
Interestingly, the statute of limitations changes somewhat in the event of the death of the borrower. After the death of a person, the creditor has 2 more years to declare his claims to the heirs of the debtor.
If during this time the requirements were not declared, then in the future it will be impossible to file a lawsuit on this loan.
If you have questions, consult a lawyer
You can ask your question in the form below, in the online consultant window at the bottom right of the screen or call the numbers (24 hours a day, seven days a week):
A bank loan is for many the only way to buy a car in a short time. To obtain a profitable loan, you should study the terms of the loan agreement.
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Thanks to the development of car lending services, many motorists have already bought their own vehicles, without having sufficient limit savings for such a purchase.
In the process of obtaining a car loan, an important role is played by the conclusion of a loan agreement. It has its own characteristics and nuances.
General points
A car loan cannot be issued unless a standard car loan agreement is signed.
The bank sets its own conditions, and if the borrower does not agree with them and it is not possible to change anything, then he has the right not to sign it.
But when signing the contract, each borrower is given the opportunity to study this contract. Each borrower should know what to pay attention to, their rights and obligations to the lender, and it will not be superfluous to consult a lawyer.
Definitions
car loan | This is a program that provides the borrower with a certain amount of funds needed to buy a car. |
Auto lending is a targeted loan | That is, with a positive answer, it will not be possible to use the money for other purposes. Only for buying a car. This loan is a pledge, the same purchased car acts as a pledge. He is in the estate of the bank until the full repayment of the debt |
A car loan is always concluded between the borrower and the bank | But there is also a third party here, namely the dealer, with whom the bank has an official partnership agreement |
The procedure looks like this - the borrower receives a loan from the bank, the bank transfers the money to the dealer, after which the dealer transfers the car to the use of the borrower.
After that, the borrower's obligations remain with the bank, namely, to return the borrowed funds on time.
Required documents
Each borrower is faced with the fact that it is necessary to collect the necessary package of documents in order to receive a positive response to a secured loan.
Despite the fact that lending programs are different, and the conditions for providing banks are different, the required documents are almost identical everywhere.
Basically, banks consider potential customers who are solvent, with official income, and with a positive credit history.
To be able to get a mortgage loan for a car, you must prepare the following documents:
- Employment book, or a certificate from the place of work about official employment. At the same time, at the last place of work, an experience of at least 6 months is required.
- Certificate of income from the place of work, for the last 6 months.
- Passport of a citizen of the Russian Federation, with a residence permit, or a temporary residence permit.
- Driver's license.
- Written application for a car loan.
- Other documents related to the object of purchase, at the request of the bank.
The legislative framework
The execution of a car loan agreement is regulated by the following laws:
Standard car loan agreement
The following information must be included in the car loan agreement:
- Contract number, date of signing and place of its creation.
- data from both sides.
- It is prescribed that the subject of the contract is a car, which is the property of the bank until its full repayment.
- The object of the contract is prescribed, it is also a car that is bought with borrowed funds from the bank, and the characteristics of the car are also prescribed.
- The term of the loan, as well as the amount of the loan that the debtor undertakes to repay.
- Specifies the procedure for calculating interest on the loan.
- Rights and obligations of the borrower.
- The rights and obligations of the bank.
- The responsibility of the parties is prescribed if any clause of the contract is violated (this may be in monetary terms, or charging additional interest on the loan).
- Options for resolving contentious issues, if any, are prescribed. Often, a separate paragraph in the "Final Provisions" is allocated for this.
- Other terms of the agreement that may apply to lending.
- Information about the termination of the contract, or the termination of its validity.
- Stamps and signatures of the parties.
Very often, clauses in the contract can change if both parties come to this. Sometimes some points are referred to as separate paragraphs.
What to pay attention to
Before signing the contract, be sure to read the entire text, everything that is written in small letters, or other notes that are encrypted under the asterisk sign.
Because often financial organizations hide information precisely under these encryptions.
You should be careful when signing such an agreement. To do this, you can consult with a lawyer, or come to a meeting with a bank with him. Carefully read all the clauses of the contract.
So that after signing the contract there are no troubles in paying the loan, you should familiarize yourself not only with the contract itself, but also with the payment schedule.
See that there are no unspecified interest and charges. Specify what type of payment will be under this agreement - annuity or differentiated.
Essential conditions
The essential terms of the car loan agreement are:
- The total amount of the loan, as well as an indication of the currency of the loan.
- Tariffs on the loan, as well as options for their payment.
- Purpose of the loan.
- Loan terms, as well as the procedure for paying loan payments.
- Fulfillment of obligations under the loan agreement.
- Responsibility of the parties in case of failure to fulfill their obligations.
- Other items that were agreed between the parties.
Obligations of the borrower
If the borrower changes any data, he must notify the bank about it without fail.
The most basic obligation of the borrower is to repay the loan on time without delay or delay.
In the future, such a violation will be for the client in the form of fines and a damaged credit history.
Also, when the contract is terminated and the car is returned to the salon, the borrower must ensure that the store transfers funds to the bank account.
Termination of the agreement
If the borrower understands that he has made a bad deal, then the important question is whether the bank transferred the car loan funds to the car dealership.
If the money under the agreement has not yet been transferred to the seller, then such an agreement can be terminated without problems.
If an agreement has been signed and the money has already been transferred to the seller, and the information for the new owner is entered in the TCP, the salon will not accept the car back, because he did not commit any violations.
In this case, the borrower has several options:
Bank offers
A car loan can be issued on different conditions, depending on the chosen bank for obtaining a loan.
Each lender offers its own interest rate, amount, loan period, as well as additional conditions for obtaining a car loan.
VTB 24
In 2020, VTB 24 Bank offers 12 loan programs. For 13 car brands, special conditions for the purchase are offered.
One of the most popular is a car loan without a down payment. The base rate of the first payment in VTB 24 is 20%.
Video: car loans. How not to get ambushed
With an average cost of a car of 1 million rubles, this amount will be 200 thousand rubles. The loan is issued for a period of up to 5 years.
In the Freedom of Choice program, a borrower can receive a loan for a car up to 3 million rubles. at 13.9% per year.
Elite car brands are credited from 7 million rubles. at 11.1% with a down payment of 20%. When buying from dealers of Kia and Hyundai brands, at a price of less than 2 million rubles, there is a preferential Kick Down plan with an affordable rate of 6.7% per year for many borrowers.
Setelem
At Cetelem Bank, the loan amount depends on the loan offer. The minimum amount in this case is 100 thousand rubles, and the maximum is 5 million rubles.
The period of issuance of money varies from 1 to 5 years. The initial payment starts from 20%. The interest rate varies from 12 to 27% depending on the loan program.
Other
Car loan offers from other banks:
Bank, offer | Interest rate | Loan amount | Loan period |
Sovcombank, Car loan for a new car | From 19.5% | Up to 2 million rubles | Up to 5 years |
Credit Europe bank, Classic credit - Lux Plus | From 13.5% | Up to 6 million rubles | 2 to 7 years old |
Uralsib, Skazka - Without CASCO for a new car | 10.55 to 18.9% | Up to 3 million rubles | 1 to 5 years |
Gazprombank, Standard | 13.25 to 15.75% | Up to 4.5 million rubles | Up to 7 years |
What does the sample look like
The auto loan agreement includes the following items:
- Information about the borrower and lender.
- Subject of the agreement. This is the amount that the bank will transfer to the account of the car seller for the purchased car, the period and conditions for issuing a loan. Here are all the commissions for the loan.
- Calculation of fines and penalties for delays.
- Special conditions that relate to early repayment and other important points.
The main document that regulates the relationship between the parties (borrower and lender) is a loan agreement. The general conditions of the Consumer Credit Agreement are described in the Federal Law on Consumer Credit (Loan) No. 353-F3 dated December 21, 2013, which regulates the relationship arising in connection with the provision of such loans.
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Loan agreement - a written agreement between the bank and the client, which states that the bank undertakes to provide a loan in a certain amount, at a specific interest and for a certain period, and the client undertakes to repay the amount issued within the specified time and on the agreed conditions, as well as to fulfill all other terms of an agreement.
Banks can develop their own templates for loan agreements, but in compliance with the basic principles described in the Law.
The structure of the agreement is based on the following principles:
- voluntary entry into the transaction;
- the existence of a legal framework;
- respect for the interests of all parties;
- negotiation of all terms of the transaction.
Thus, a consumer lending agreement must satisfy both the borrower and the lender.
It should be noted that the contract consists of individual and general conditions, and may also include elements of other agreements and contracts, if this does not contradict the current legislation.
General terms
Such conditions are established unilaterally by the creditor. As a rule, they are used repeatedly for various documents (contracts, forms, agreements, etc.).
These terms and conditions should not contain payment information or describe any other obligations of the borrower.
The lender is obliged to inform the potential borrower (regardless of the place and method of granting the loan) and bring to his attention the following:
- Name of the bank or credit institution, contact information, legal address, etc.
- Requirements of the lender to the potential borrower.
- Terms of consideration of the client's application and the period for making a decision on lending.
- Types (programs) of loans.
- Range of amounts and terms.
- Currencies in which loans can be granted.
- Ways to provide money.
- The procedure for determining and the size of bets.
- Other payments of the borrower on a consumer loan (their types and amounts).
- The total cost of the loan (its range).
- The period of accrual and payment of interest and other payments on the loan.
- Methods of payment of debt (loan + interest).
- The period in which the borrower can refuse the loan.
- The presence of a pledge or surety (methods of security).
- Responsibility of the borrower in case of failure to fulfill its obligations, the amount, procedure for calculating and collecting penalties, fines and other relevant payments, as well as a list of cases in which such sanctions arise.
- Information about the accompanying contracts and agreements for lending and whether they are binding or not, such as insurance contracts, collateral and guarantee contracts.
- Information that the borrower's costs may be higher than expected, for example, when applying a variable rate, as well as changes in the exchange rate.
- Information on determining the exchange rate, if the currency of payments on the loan will differ from the currency of the loan.
- Information about the assignment of claims (its prohibition or permission).
- The procedure for the client to provide information on the intended use of the loan (if any).
- Information about the settlement of disputes in court and jurisdiction for claims.
- Forms, applications and other documents containing general conditions.
Also, the lender is obliged to notify the client that if the total loan payments for the year will be 50% or more of the borrower's annual income (if he took the amount more than 100000 rubles), then there will be a risk of non-fulfillment of obligations under the loan, and, as a result, the occurrence of penalties.
If the bank uses an offer and offers the client only a form with individual conditions, then it must necessarily contain a reference to the general conditions of the creditor.
What should be free?
General information is provided to borrowers free of charge. If the creditor provides copies of documents that contain this information, then he may charge a fee, but no more than the cost of making these copies.
Also, the client has the full right to request a calculation of the cost of the loan in full free of charge.
In addition, from July 2020, in accordance with Part 19, Art. 5 of Law No. 353-F3, banks and credit organizations do not have the right to charge commissions and / or other payments for the issuance of credit funds.
Individual conditions
The individual terms of the consumer loan agreement must be agreed with the specific borrower individually.
Such conditions in the contract are displayed in the form of a table. This table is approved by law and cannot be changed.
The creditor has no right to remove the columns. If any condition is missing, then a corresponding mark is placed in front of it. Lenders have the right to add individual conditions, but they are allowed to be indicated only after they have been approved.
Table of individual conditions of consumer credit
No. p / p | Condition | Condition content(for example) |
1 | The amount of the loan (credit limit) and the procedure for changing. | 50000 rubles |
2 | Loan repayment period and validity of the contract. | 36 months |
3 | Loan currency. | RUR |
4 | Interest rate (on an annualized basis) or the procedure for determining it when using a variable. | 26% |
5 | Determining the exchange rate for a non-cash transfer of funds to a third party, at the request of the borrower, if the transfer currency is different from the loan currency. | CBR exchange rate on the date of the operation. |
6 | Frequency, amount and number of payments under the contract or the order from the definition. | There may be a link to the Graph here. |
7 | The procedure for changing the mandatory payments on the loan in case of early (partial) repayment. | Monthly payments are being recalculated. |
8 | Payment methods. | Cash |
9 | Obligation of the borrower to conclude any other agreements necessary for granting the loan. | Missing |
10 | The need to provide security and requirements for it. | Missing |
11 | Purpose of using credit funds. | No intended use. |
12 | Responsibility of the borrower for failure to comply with the terms of the contract, the amount and procedure for fines and / or penalties. | 0.1% per day of the amount of overdue debt |
13 | Possibility of prohibition of assignment of claims. | Missing |
14 | A mark of the client's consent to the general terms and conditions. | |
15 | Additional services required for issuing a loan (provided for an additional fee). | Missing |
16 | Contact information and how to share it. |
How to refuse a consumer loan if the contract is signed?
If the loan agreement has already been signed, then it is possible to refuse the loan only if the actual disbursement of funds has not yet been carried out.
According to Art. 807 of the Civil Code of the Russian Federation, it is the actual transfer of funds (credit cards) that is the moment the loan agreement enters into force.
The bank is obliged to satisfy the client's request to terminate the agreement, if the borrower has not yet signed payment documents for the issuance of funds and the money has not actually been transferred to him yet.
If the client has received a loan, then it is impossible to refuse the loan. Since the client has already assumed financial obligations, then he must act within the framework of the contract.
Namely:
- Without notifying the lender, you can repay the loan ahead of schedule with interest accrued for the period before the expiration of 14 days after signing the agreement.
- For targeted loans, the borrower can do this within a month.
- Notify the bank of the intention to terminate the contract ahead of schedule and repay the current debt on time and in the prescribed amount.
Video: Consumer lending
Sample bank agreements
In pursuance of the Law on Consumer Lending, banks use standard contract templates, in which only some parts differ.
The agreements of the most popular banks are as follows:
- Sberbank of Russia indicates the following information in the general conditions: terms and definitions, the procedure for granting a loan, the procedure for using and returning funds, the obligations and rights of the parties, the procedure and grounds for termination, and other conditions.
- VTB24 indicates: general provisions, the subject of the agreement, the procedure for providing funds, interest on the loan, the procedure for repayment, the rights and obligations of the lender and the borrower, cases of early termination and its procedure, the responsibility of the parties, payments and settlements and the final part.
In both cases, banks provide complete information about the payment of the loan, provide a detailed calculation of the total cost of the loan.
What is included in the total cost of the loan?
In the general conditions, the full cost of the loan must be spelled out, it is set in annual percentages and is calculated according to the formula:
PSC = i x NBP x 100,
where: NPB is the number of base periods in a year. Calendar year = 365 days,
i is the base interest rate.
The following fees are included in the total price:
- repayment of the loan body;
- repayment of interest;
- other payments specified in the contract;
- sums of insurance premium under insurance contracts.
The calculation of the cost does not include: payments that are established not by the contract, but by laws, payments related to the payment of delays, insurance premiums for collateral insurance, other payments that do not determine the possibility of obtaining a loan.
How to terminate a consumer loan agreement?
The contract can only be terminated if the loan is repaid in full. If the borrower intends to terminate the agreement ahead of schedule, then he must notify the bank about this within the time limits specified in the agreement.
Full early payment is carried out in the manner, amount and terms specified in the contract.
The contract can be terminated by mutual agreement, on which an appropriate agreement is concluded with the procedure and amount of repayment of the remaining debt.
Also, the borrower has the right to terminate the loan agreement by applying to the court if:
- the creditor does not fulfill its obligations, for example, they were not provided with a tranche on time, payment was not made in full or not on time to a third party, etc.;
- the creditor increased the interest rate or changed the terms of repayment unilaterally;
- the contract is not legitimate, i.e. it is executed and signed without complying with current legislative acts;
- an error was made in the agreement, and it does not contain reliable information about the loan received or about the borrower;
- on the face of deceit on the part of a bank employee. For example, the overpayment was incorrectly indicated to the borrower, any additional commissions were hidden, etc.;
- there is a fact of illegal collection by the bank of penalties, commissions, illegal order of debt cancellation;
- there has been a significant change in the circumstances on which the loan was issued (for example, loss of a job);
- there was a loss of the subject of pledge or a breakdown of the goods taken on credit;
- in other cases stipulated by the current laws of the Russian Federation.