What to do with arrears. Arrears on a loan - what to do, how to avoid interest and bad credit history
Even conscientious clients may have circumstances that hamper payment options, and then completely knock them out of the debt repayment schedule. We have prepared tips on what to do in such situations, and how the bank can help facilitate loan repayment.
I forgot about the loan and panicked
A significant proportion of loan delinquencies arise from the forgetfulness of the borrower. Usually, in such cases, the amount of debt is relatively small, and the penalty on it increases to no more than a couple of thousand rubles. But the very situation of late payment can cause inadequate panic in the client, and he will prefer to avoid any contact with the bank in the hope of dodging potential problems. In the meantime, debt and fines will grow.
In such situations, it is better to immediately call the bank and honestly admit your forgetfulness. The lender's actions will depend on:
- from the amount of overdue debt;
- the period of its occurrence;
- and the borrower's attitude to the situation.
Therefore, during a conversation with a bank operator, it will be useful to find out the amount of debt, how much the payment is overdue and overall size penalties for late payment. A delay of 1-2 days in credit institutions is often considered technical and is not subject to any sanctions. If the delay happened due to a misunderstanding, you can directly inform the bank about it and ask to cancel part of the accrued fines. The result depends on the ability to negotiate and credit history.
Lost my job, it's hard to find a new place
Optimization of the staff for the improvement of reporting indicators by the bosses or layoffs due to severe financial situation at the enterprise - a fairly frequent practice in recent times... And taking into account the borrowed quarter of the population, job loss is not an uncommon reason for delays in loan payments.
If the borrower has lost his job, you should not think that in a week there will be a new place, and there you will be able to pay on time with an advance. Search good option places of work can drag on for weeks or even months, and all this time the bank will call and send messages with reminders of debt repayment. If the debt hangs for more than 60 days, the creditor may demand a full refund of the remaining amount, including the overdue part, or go to court or to the collectors.
Clients who have lost their jobs often do not answer bank calls at the first stage because they are embarrassed to admit they have lost their jobs. They are worried that the bank might take all their property away from them. But it is not at all in the interests of the bank to deprive the client of the opportunity to ultimately pay the entire amount with interest.
Better to call the bank yourself and explain the situation. Most likely, the lender will ask for documents confirming the words of the borrower, and will offer a different payment schedule or offer a deferral until the debtor finds a job.
They took a foreign exchange mortgage and a child was born
Young families are still tempted to seemingly favorable conditions foreign exchange mortgages, but jumps in the ruble exchange rate bring them back to reality and absorb all income. Over time, the new cell of society, and even with a newborn child, it becomes difficult to hold out on 20 thousand rubles a month and mom's rolls.
Oddly enough, however, a baby who was born can correct the situation. Notify the bank about the birth of the child and agree with him to defer the mortgage payment for several years. However, the deferral applies only to the payment of the principal debt. And interest for use credit funds will have to pay anyway. If a loan is concluded for several decades, then they will just make up the majority of the payment.
And in such cases, they easily revise the terms of the contract, since it is not profitable for them to lose a mortgage client. These banks can offer to fix the foreign currency debt in rubles and extend the payment schedule for a longer period.
I got loans and I don't want to pay
This happens if the borrower is young and reckless or too ambitious. If the loan amount exceeds 500 thousand rubles, and the debt period is more than a month and the client does not want to declare to his creditor at all, but already realizes that he was not quite right, then there are three options for the development of events for him:
- refinancing a loan;
- restructuring of overdue debt;
- bankruptcy.
In the first case, the borrower needs to contact another bank and issue new loan for the same amount that he owed, only for a longer period and preferably at a lower percentage.
For restructuring, you will have to tell the creditor bank about everything that prevented you from paying the debt on time. This is necessary in order for the bank to realize that in the current circumstances the borrower does not have the slightest opportunity to repay the loan. Then the lender will revise the current terms of the contract and can change the repayment schedule, increase the loan term or provide a deferral of the principal debt. In addition, the restructuring will stop the accrual of fines and penalties.
And not everyone can declare themselves bankrupt. To exercise this right is allowed only from someone:
- the loan debt exceeds 500 thousand rubles;
- the delay is more than 3 months;
- the value of own property is insufficient to repay the loan;
- no previous convictions.
One way or another, all of the above methods only slightly alleviate the situation of the borrower, who will probably have to deprive himself of his usual entertainment for several years, get two or three jobs and remember how cool it was a couple of years ago.
When a borrower signs a loan agreement, he expects to fulfill the obligations imposed on him by the bank, if he is not a fraud and does not deliberately take a loan without return.
A person may be convinced that he will repay the loan in a timely manner, or simply hope at random, but life circumstances may not work in his favor, and the repayment period may move further and further from the date of payment of the loan, depending on the "severity" of these circumstances. As a result, there is a delay in the loan. What does she threaten the borrower with and what should he do in this case? What consequences can it have depending on the term of the overdue loan (loan)? You will find the answer to these questions in our article.
Insignificant (technical) loan delay: from 1 to 5 days.
Delays in loan repayment from 1 to 5 days can really be called insignificant, or technical. The borrower could forget and make a payment later than the date of payment on the loan specified in the agreement, or he deposited money just in time with a partner (for example, in payment terminal), but did not expect the translation to take several days. As a result, the delay in the sort of timely payment was 2 or 3 days.
It's good if the payment was made not before the weekend, but at the beginning of the working week, and everything went smoothly, without additional delays in translation. Otherwise, the situation with late payment may worsen even more.
Such small delays in payments practically do not threaten the borrower, but only on condition that this is the first violation, and with the proviso that this applies to the bank with which he has entered into a loan agreement. The point is that the bank will send information about the fact of repayment of the next payment in accordance with the law on credit histories to the credit history bureau (BCH). And it doesn't matter that there was a delay of one day, two or three - it will definitely be reflected in the credit history (CI) of the borrower. When he applies for another loan, then credit institution will definitely request his "credit dossier", or will be calculated on the basis of his CI data. And how a potential creditor will react to these small "sins" - no one except him knows.
To avoid delays in loan repayment, companies use automatic SMS notifications that remind the client about the due date. Also, SMS can be reminded of the need for payment in case of delay. For forgetful people, it really works.
The bank spends its money on such reminders and it will definitely not “close its eyes” to deviate from the terms of the agreement. For a loan delay, even a minor one, the bank will charge in the form of a penalty or a fine. A penalty in the form of a percentage of the outstanding debt will be charged for EVERY DAY of delay, and a fine is usually punished for the very fact of delay. The fine is just needed so that clients do not allow minor delays (it usually stings more painfully). Moreover, some banks increase the amount of the fine for each delay in repayment of the loan. You don't need to run far for an example - Tinkoff bank charges such fines on his credit cards. Run, by the way, on a very informative article about.
In cases where the borrower violates the terms of the loan agreement with enviable constancy, he may have problems with the bank itself. They will simply take note of it, and this can spoil relations with the lender, affect the cost of future loans in this bank (if they are given at all) and deprive other benefits - in such cases, there is no need to wait for loyalty from the institution.
Often loan agreements may contain clauses about early return the entire loan amount in case of periodic violations of the payment schedule. Such a principled approach is practiced extremely rarely, after all, the bank wants to benefit from the loan, but there are precedents.
What to do to avoid creditor suspicions and penalties? For this it is recommended:
- carefully study the loan agreement and not violate the payment schedule;
- have an idea of fines and other penalties;
- develop the habit of making monthly payments 2-3 days before the due date and choosing those partners of the bank, the transfer from which will come instantly or during the working day (it is better to do this at the bank itself, but it is not always convenient);
- if you understand that a delay in repayment cannot be avoided, then warn your manager or write an e-mail / call your lender and describe your still minor problem.
Situational loan arrears: from 6 to 29 days (up to 1 month)
The reason for the "situational" delay may be various unforeseen circumstances. Borrowers often do not repay payments for reasons beyond their control: delays due to wages, business trips or departures for personal reasons, sudden illnesses, unplanned expenses, etc. All of these are partly force majeure reasons that force the client to violate the "rules of the game." As a rule, there is no fraudulent intent here, it is just that people do not have “free” money or time at the time of maturity. Or they prioritize in such a way that payments to the bank are relegated to the background (after all, there is something for something).
Banks with such periods of overdue loan debt begin to harass the debtor more actively. Employees of the credit department are connected to work with debtors -. Their responsibilities include monitoring the timely payment of the loan and other related payments (insurance, fines, etc.). Specialists contact the debtor by phone in order to inform the borrower about late payments, find out the reason for non-payments and clarify the timing of debt elimination. Usually such calls are distributed at least once a week.
This approach is not typical for all banks. If nobody bothers the borrower, then there is no need to hope for a chance - the credit department simply could not reach the debtor's hands, and sooner or later they will be taken care of. Again, do not forget that the forfeit is already "dripping" on the outstanding amount, which is clearly not in the hands of the borrower.
On the Internet, you can find the opinion that the bank, by delaying the appeal to the debtor, thus earns on the forfeit. But in reality, banks do not need this hassle with overdue debts. The more there are, the worse the bank's performance in its reports to the Central Bank of the Russian Federation - the main financial regulator, and so you can get to the deprivation of the license. Therefore, getting rid of debts is one of his most important tasks.
What should a borrower in such a difficult situation do? There is only one way out: to pay the forfeit (penalties + fines) and try not to delay the payment of the "body" of the loan. Why is it necessary to pay off the forfeit in the first place? The fact is that the bank pays off the debt according to the following scheme: first of all, fines and penalties are written off from your payment, secondly, commissions, then interest and, last but not least, the loan body itself (for detailed information). If you basically extinguish only the body and not a ruble more, then you will aggravate the situation even more.
So, at this step, it is very important to demonstrate your decency to the bank:
- notify the bank about possible problem in advance in person, by phone or by sending a written statement, which explains the situation in detail and confirms its exclusivity;
- add relatives and friends to regular loan payments - ask them to make a payment for you within a certain period. Don't forget to supply them with money and instructions for repayment;
- contact the lender's representatives. Do not evade, but tell it as it is. Your task is not only to convince the loan officer of your intention to pay off the debt, but also to do it;
- if you are an MFI client, but activate the service. In fact, this is a legalized deferred payment.
Problematic delay and its consequences: from 30 to 90 days (up to 3 months)
If the debtor delays payment for such a period, then this indicates a loss of control over the situation: either the person for some reason began to evade the fulfillment of his obligations, or the situation with money has really worsened so much that there is simply nothing to pay with. The borrower begins to slip into debt hole, where you can stay for a long time, and it will be much more difficult to get out of there than at the current stage. That is why it is worth making every effort in the search for funds, and not sour and "roll on the knurled". What to do when there is nothing to pay the loan with, read in.
For the bank, this is a clear signal that the debt is entering a problem stage and it is necessary to take active steps to return it (or at least to “save” part of the funds). Work with such a client begins to be carried out by a specialized one in the form of "soft pressure". Boorish people can also get caught - mostly former representatives of power structures, but, as a rule, their task is not to scare the debtor, but to enter his position, suggest ways out of the current difficult situation.
There will be more calls at this stage, the person will also be invited to the bank's office for a conversation, the purpose of which will be to find out the timing of the return of all or part of the debt.
The client can be offered various options for solving the problem:
- debt refinancing by taking a loan from another bank and paying off existing debt (refinancing);
- debt restructuring;
- cancellation of penalties, subject to the payment of the body of the loan, it is possible to provide a deferral. Alternatively, return half of the loan body now, and split the other half into equal parts;
- extension (prolongation) of the loan with a decrease in monthly payments.
In such a situation, one must understand that the debtor has not only obligations, but also rights. In principle, any debtor can bring the case to court by stopping communication with the bank, and no one has the right to put pressure on him. But it is better not to get up "in a pose", but to meet halfway and seek a compromise:
- do not avoid communication with representatives of the collection department;
- answer questions politely and fully;
- adequately respond to psychological pressure, paying attention to the inadmissibility of such an impact.
Phone calls are just a routine for arrears specialists. After receiving calm and intelligible comments in response to the debt claims, the bank employee is likely to release the pressure for a while.
We'll have to come to terms with the fact that they will pester relatives, colleagues at work (notify the superiors), call everyone available phones, scare you with various problems (blacklisting, inability to travel abroad, sale of debt to collectors, problems in the future with lending, etc.).
All this is not so scary, besides, the debtor is quite seriously protected by the state, look, for example, it also concerns the work of the collection service of the bank.
To show your desire to meet the solution of the problem, it is recommended that you contribute the amount available to you to the debt settlement account once a month. At the same time, keep your receipts (receipts), they may be useful to you in the future.
It is necessary to understand that banks will strive to solve the problem of debt repayment before judicial procedure- so less red tape and cheaper. It is always better to solve problems peacefully.
An unscrupulous borrower who takes the initiative and seeks to eliminate negativity will definitely be heard. Do not be afraid to notify the bank on your own financial difficulties... Great recipe in difficult situation: write a statement, highlight the situation in detail and indicate an acceptable option for debt repayment.
By the way, insurance so unloved by many could help in such situations. If the circumstance that happened to you is an insured event, then Insurance Company will be obliged to pay off your debt to the bank. Therefore, it is worth considering whether it is worth giving up on it?
Long-term delay: from 3 months
The delay in payment, which dragged on for 3 months, six months or more, suggests that the debtor is unlikely to pay off the debt of his own free will. The bank has only two options: to collect the debt through the court or to assign the right to claim the debt to a collection agency that specializes in "squeezing" debtors. But until this happens, the borrower, as before, is actively working.
The borrower (including the guarantor, if any) will receive an official letter from the bank with demands to repay the debt and warnings about problems that may arise if the obligations under the agreement are not fulfilled. There may be several letters: with each of them the “degree” of intimidation will only grow. They are usually frightened by the court and collectors. It is not difficult to understand the credit structure, because for such a long period the bank has already managed to apply all possible levers of influence to the violator.
The trial is usually preceded by the final stage of negotiations. It is at this stage that it is important to try to return control of the situation into your own hands. If possible, use the support of a lawyer and enter into correspondence with the bank. The dialogue must be in writing. Information on how to compose a letter can be found on specialized sites on the Internet. Please note that the bank's responses must contain real signatures, not facsimiles, and letters must be “secured” with wet (blue) stamps.
An approximate plan of an application to a financial organization:
- Cap: Position, full name of the addressee (it is important to address a specific person);
- A detailed description of the problem that caused the delay;
- Copies of documents that can serve as evidence of the exclusivity of the circumstances that have arisen (certificates from the place of work, orders of the authorities, Bank statements, receipts, bills, prescriptions, etc.);
- Request for a response to writing and about your desire to pick it up in person at the bank;
- Offers a plan for your further actions in debt repayment.
Demand a copy of each copy of the correspondence with a mark of registration with the bank, indicating the date and name of the employee who accepted the application. Save all correspondence.
If the bank insists on the sale of the pledged property (if any in the agreement) in the pre-trial order, there is no need to rush. In order to avoid problems and possible fraud, it is better to wait until the trial. Although, in some cases, the out-of-court sale of the collateral will make sense, provided that it is properly appraised and its market value is compared with the amount of debt.
If the bank ceded the right to claim the debt to the collectors, then for the debtor, in fact, nothing changes - the amount of the debt remains the same, in accordance with the terms of the agreement that it entered into with the previous creditor - the bank (see the details on the above link). By the way, collectors can work not only under an assignment agreement, but also under. In this case, the collection agency acts as an intermediary and does not have any rights of claim, it only helps the bank to knock out the debt. You can find out the "status" of the collectors by requesting documents from them (notification letter, copy of the contract), which they must provide to the debtor in accordance with the legislation of the Russian Federation.
What is the threat of long-term loan debt?
So, your loan debt was “sold” to collectors under an assignment agreement, or the bank decided to bring the case to court. In the first case, as mentioned above, nothing will change for the delinquent, except that they will be pressed on him more persistently. Debt knocking is the main business of debt collectors, and they can go to great lengths to profit. Fortunately, the topic of arbitrariness of collection is widely covered in the press and on television, in addition, rather harsh laws have been passed that restrict activities collection agencies... If you are faced with boorish treatment and violation of ethics and morality,.
In the second case, the debtor is awaiting trial. The court is more likely to make its decision in favor of the creditor, and now the state will take over the debtor in the person of bailiffs who can foreclose on movable and real estate the debtor, household appliances, luxury goods, in general, any liquid assets, with some exceptions. Alternatively, the debt will be deducted from the debtor's salary.
In some cases, the court can meet the debtor halfway by awarding the payment of only the body of the loan without the accrued forfeit, in accordance with Article 333 of the Civil Code of the Russian Federation. This is possible only if there is a clear disproportionate penalty to the consequences of a breach of the obligation, and this must be proven.
In any case, the court will fix the exact amount of the debt, which will have to be paid (not without the help of the bailiffs).
There are more options for solving the problem. One of them is to initiate the procedure. But if you take a closer look at its nuances and limitations, you will understand that it is better not to get involved with bankruptcy - this is a "toy" for rich debtors (and there are such ...).
And finally, you can use it for your own purposes. It is 3 years from the moment of the last contact between the bank and the client, and after it the bank is unlikely to be able to win a court to collect overdue debt. But with him, too, everything is not so simple, although if you are ready to change your full name and "lay low", having left for a remote village, then you may succeed.
At the time of signing the loan agreement, everyone is sure that no cataclysms will force him to violate his obligations. But the situation may change, you will not be able to make the next payments? There will be several options for the development of your relationship with the bank and they will depend on the term of the loan delay and on its volume. Let's consider the entire chain of possible events, and decide on our strategy of behavior.
A short delay on a loan, and even more so the first one, does not affect the credit history. Many banks have an established SMS notification system - an unobtrusive reminder of the due date, which often pays off. If you close the debt in the current period, consider the incident settled.
It is extremely rare that human resources are involved in the fight against minor delays. However, in order to be discouraged, banks also set a fixed penalty for late payment fines for delays, expressed as a percentage. Usually the penalty is small - 50-300 rubles, but in the context of the total cost of the loan, it is very unpleasant.
The second and subsequent minor delays will give the bank the impression of an improving trend, perhaps it will not be documented in any way, or perhaps a check mark will appear next to your name.
Practice shows that even small bank marks can spoil the credit history for many years.
According to the conditions of some, multiple, even insignificant, loan delays are a reason to early demand the return of the entire loan amount with accrued interest. In fact, such a sanction is rarely applied, since it does not provide financial benefits in the first place to the bank itself.
What to do?
- Get in the habit a few days before the final date.
- Examine the loan agreement for sanctions for short-term delays.
- Warn your manager about a few days of delay in payment: loyalty in a relationship is the key to solving many controversial situations in the future.
Situational loan delay: from 2 weeks to 1 month
Often, such a delay is due to unforeseen circumstances: a delay in wages, a long departure, illness, additional expenses etc.
The work with debtors at this stage is still carried out by employees of the credit department, but with the connection of personal conversations. They will call you, find out the reasons, agree on specific maturity dates. If you are not worried, do not hope that the delay was not noticed. In some banks, the duties of the staff simply do not include such communication with customers, and in some, the amount of fines is a separate item of income.
Your goal is to pay off the debt as quickly as possible. For such a period, the payment of penalties and fines is unlikely to be avoided; try not to accumulate it at least.
If you have definitely decided on the date of debt repayment (expected cash receipts, you will return from your trip), be sure to inform the bank about it. Most likely, they will not call you until it comes.
At this stage, you can already contact the bank in writing.
What to do?
- When leaving the city, leave money and instructions on how to repay your loan to your relatives.
- Answer bank calls as informatively as possible, name specific dates and amounts.
- Apply with a written application to the bank - explain the situation, assure the bank of the exclusivity of the circumstances.
Problematic loan delinquency: from 1 to 3 months
For 2 - 3 months of delay, you will probably already decide whether you have the opportunity to correct the current situation and pay off all the debt in the near future, or control over the situation has been lost and you need radical measures and bank assistance.
Problematic delinquency on a loan goes under the jurisdiction of the bank's non-financial specialists - to the department for dealing with problem debtors or to the security service; you will have to communicate with people whose job is to repay the debt, here you will need all the knowledge about your rights and obligations.
First, do not hide from phone calls, answer politely, without aggression. Calling debtors for so their services are a daily routine, and having received an intelligible answer, there is a chance that it will take a long time to return to your surname.
Secondly, at least once a month, visit a bank branch and fix your visit with a small installment to pay off the debt. In the long term, you will need these receipts in court or before a judicial reconciliation of the parties.
Third, be prepared for psychological pressure. They will describe you in all colors the troubles that can fall on you until the debt is paid off, they can pester your bosses, relatives using calls, using all the contact numbers you specified in the questionnaire. They can promise to put your name on all possible "black" lists, complicate your travel abroad, scare you with public discrediting, etc. It won't be easy, but there is always a way out.
The bank's help in this situation can be reduced to:
- granting a deferral for the payment of the loan body;
- debt restructuring;
- prolongation of the loan with a decrease in monthly payments;
- cancellation of all penalties subject to a one-time repayment of the principal debt.
Different banks behave differently with debtors, however, a constructive dialogue is always better than an upcoming trial and long paperwork. Banks often prefer to negotiate, take the initiative, peacefully offer their own solutions - and you will have a chance to be heard.
What to do?
- Communicate with the bank, be proactive in solving the problem.
- Do not react to provocations.
- Write a statement and indicate an acceptable debt repayment scheme for you.
Long-term loan delinquency: from 3 months
Delay is transferred to the category of long-term delay after 3 - 6 months. The bank translates your relationship into a legal plane, makes written warnings, connects all possible levers of influence and prepares to transfer the case to court.
The final stage of negotiations is the most difficult and here it is extremely important not to let things go by themselves. it is necessary to enter only in writing on paper, in the bank's responses check for the signature (not facsimile) and wet seal.
Your statements should be meaningful:
- in the header, indicate the specific person you are contacting (not just the director, but the full name - it is more difficult to avoid responsibility);
- describe in detail the reason for the delay;
- support the information with calculations, certificates and orders from the place of work, bank statements;
- be sure to indicate that you want to receive the answer in writing and pick it up personally from a bank employee (in case of postage and "loss" of the document);
- suggest your schemes for further development of events.
Keep one copy of the application with the bank's registration mark and the surname of the employee who received it.
Even at this stage, the bank will begin to demand the voluntary sale of the collateral, if any. The bank can demand, but the final decision is yours:
evaluate the value of the collateral;
compare market value collateral with the amount owed.
Sometimes such a step is quite justified economically: for example, you took a car with a large down payment, paid off part of the loan and now it sales value will completely cover both body and interest.
Do not fall for provocation and never pass mortgaged property to the bank employees until the relevant decision is made in court. A common type of fraud is the sale of your property at a reduced value to the bank employees themselves or their relatives during fake auctions. After the sale, you continue to be credited with debt for the difference, interest, fines and penalties.
Try to find in the clauses of the loan agreement the enslaving amounts of fines, penalties, penalties. This term is often used by lawyers and is the main line of defense in court. With the help of the Internet, all kinds of legal forums, you can try to find these points on your own, in extreme cases, contact a specialist. However, it is better not to involve professional lawyers (attorneys) in the trial, as the judges are well aware of the cost of such services and this may not play in your favor. That is, there is money for a lawyer, but not for repayment of the loan.
What to do?
- Have an active written dialogue with the bank.
- If there is such a possibility, realize the pledge yourself.
- Prepare for trial in advance.
The most negative outcome of your debt
When negotiations with the bank come to a standstill and your debt is transferred to the category of hopeless, there are 2 options for the development of events:
- The bank sells the debt.
- The bank collects the debt through the court.
The first option differs little from all the procedures described above, only everything starts over again - they call you, write, talk, persuade, then intimidate, that is, they pressure psychologically and morally. We will not mention the "black" collectors, the impact schemes of which go beyond the legal framework, but even these exist today.
The second option, in the worst case, ends with a court decision in favor of the creditor, that is, you have to pay off the debt with all the accrued interest, fines, and penalties. At small amount debt repayment funds can be deducted from the salary. If this is not enough, the actions of bailiffs are transferred to the movable and immovable property of the borrower, to his assets, valuables. We will consider the collection procedure in more detail later in the article.
We also note that criminal liability under Article 177 of the Criminal Code of the Russian Federation and a preventive measure in the form of imprisonment for up to 2 years is provided for hard-core debtors with a debt of 1,500,000 rubles or more.
Smaller amounts are subject to articles of the Civil Code.
Important! Article 159. Fraud of the Criminal Code of the Russian Federation does not apply to you if you did not hide from the bank, made payments (in any amount), did not knowingly provide false information about yourself when applying for a loan.
Collection procedure
So, how is the collection of property going.
First, the bailiff opens the paperwork and mails a copy of the order to the debtor. Then the bailiff proposes to voluntarily pay the amount specified in the court decision, and sets the deadline for the "peaceful" negotiations. The paperwork can take several months.
At the end of all the terms, the bailiff proceeds to enforcement debt, comes to the borrower's home, describes the property and puts it up for public auction. Criminal liability is provided for ignoring the visits of the bailiff.
Collection can be levied on the debtor's movable and immovable property, on luxury goods, household appliances, on any liquid assets.
The exceptions are:
- the only room suitable for living;
- land plots under these premises;
- personal items;
- Food;
- livestock;
- fuel needed for heating and cooking;
- prizes and medals awarded to the debtor, etc.
Also, the bailiff cannot take property that does not belong to you.
For example, family members can show warranty coupons for household appliances written out in their name, loan agreements and other documentation.
And if the debtor has shares in several apartments?
Then the bailiff fixes the place permanent residence the borrower, who is not subject to confiscation, and for the remaining shares may well send a demand for the allocation of part of the property by selling. But such an outcome is possible only if the size of the debt is commensurate with the value of the share.
Commensurability can be defended, but the final decision is up to the court. Naturally, each borrower believes that selling the stake for 1,200,000 rubles. incommensurable for debt repayment and 1,000,000 rubles. And each creditor will insist that the share of 2,000,000 rubles. not a pity to pay off his hard-earned 500,000 rubles.
Debtors in the retail lending sector
The bank's appeal to the court can become a lifeboat for debtors in the retail lending sector for:
- credit cards;
- consumer loans;
- unsecured cash loans.
This sector has the most high risk for the bank, therefore, it provides for the highest commissions, fines and penalties for delays on loans.
The bank charges:
- a fixed penalty for late payment;
- forfeit for each day of delay;
- penalty for several consecutive delays, etc.
Now imagine the situation:
your monthly payment equals 1,500 rubles, but after 3 months of delay it turns out that you owe the bank not 1,500 rubles. * 3 = 4,500 rubles, and 9,000 rubles. and even more.
If the amount of fines has exceeded the threshold of 35 - 40% of the amount of your principal debt, it simply does not make sense to start repaying the loan in small payments. All the funds deposited will go to cover fines and interest, you simply will not get to the main body of the loan.
What to do?
Start saving the required amount based on the principal +% for using a loan on a deposit, open an account with a recharge and stick to the schedule.
When you have accumulated a sufficient amount, contact the bank with a written request and offer to pay off the entire amount of the debt, subject to the cancellation of all fines and penalties. Many banks agree to this option.
Otherwise, expect to go to court. At the hearing, you will need to convince the judge of your solvency - provide bank statements according to your deposit account, but focus on the incommensurability of the amount of the fine and the amount of debt. Keep all letters from the bank, which are extremely rare, and indicate that the bank deliberately delayed the transfer of the case to the court in order to earn excess profit in the form of fines.
About Private Bankruptcy Law
For several years now, the bill on the bankruptcy of individuals has not been able to pass through the dense ranks of lobbyists in the State Duma. Creditors ruthlessly criticize this Law, because with the help of it, bank customers will be able to protect themselves from the first months of the formation of delays and not wait until the amount of debt exceeds all unthinkable marks.
In the last hearings, the Law has undergone changes, naturally not in favor of the borrowers. The amount of debt that can be used to file for bankruptcy has increased from 50 to 300,000 rubles, an obligation to pay for the services of a financial manager has appeared (which is at least 10,000 rubles per month). The deputies are also trying to shorten the list of property that is not subject to confiscation.
It is expected that the enactment of the Law will force banks to tighten lending conditions and requirements for potential borrowers.
How, ideally, the Law will help debtors:
- There will be an opportunity to go to court.
- The debtor will be able to offer his own restructuring plan and the creditors will accept it by court decision.
- If the borrower's property is not enough to pay off all debts, the bank will write off the difference at the expense of its own reserves.
- It will be possible to file for bankruptcy every 5 years.
Relatives of the unscrupulous borrower
Each borrower has a huge number of relatives, but this does not mean at all that they are all involved in his financial problems and share his responsibility to the bank. If you have not signed a surety agreement, the bank does not even have the right to call you and "load" someone else's credit histories. Let's make a reservation that the spouse acts as property guarantors under mortgage agreements in mandatory.
Sometimes borrowers indicate the phone numbers of relatives as a control phone number to verify the identity, the same argument comes out in your defense - only the surety agreement binds you financial commitments with other people's loans.
The reason for worrying relatives is also not the situation when the borrower does not get in touch with the bank, does not answer calls, even if your relative really disappeared and the police officially recognize the fact of disappearance, the fact of death and, accordingly, the inheritance of the debt occurs only after 5 years. On a note - limitation of actions accounts payable 3 years.
Let us consider separately the issue of inheritance of debt.
The death of the borrower is the basis for the bank to turn to relatives for debt reimbursement. However, you can inherit debts only with the main inheritance. Simply put, if assets have not been transferred to you, then debts will not be transferred either.
Until you enter into the right of inheritance, that is, not earlier than 6 months from the date of death of a relative, the bank and collectors are not entitled to require you to deposit money. You can remind them that the article for extortion has not yet been canceled.
If there are more than one heirs, then the responsibility for the debts between them is divided in proportion to the received share of the inheritance.
It may be necessary to settle the issue of canceling fines and penalties over the past 6 months in court, but more often banks make concessions voluntarily, trying to return at least the principal amount of the debt and interest accrued under the agreement.
Anyone can find themselves in a difficult situation. Fight for your rights and remember, the responsibility for a loan delay can always be shared with the bank!
Content
Most Russians have borrowed from a bank at least once in their lives. You can take out a loan to buy an apartment or a car, an apartment or consumer needs... As a rule, the debt is not paid immediately, but is broken down into monthly payments that are made regularly on a certain date. Delay on a loan threatens with many consequences: the accrual of monetary fines, an increase in the size of the payment, and even legal proceedings.
What is a loan delay
A loan overdue is a debt to a bank under a loan agreement that has not been paid on time. From the moment the debt arises, the bank has the right to impose sanctions against the debtor - fines and penalties, the amount of the forfeit is spelled out in the contract. They are not very high, but the size of the debt can increase significantly. If the payment is late on a one-time basis, financial institution can take it loyally. Systemic delays in making payments will lead the client to the rank of persistent defaulters and ruin his credit history.
Legal regulation
Collection of overdue debts is regulated The Civil Code RF (paragraph 1 chapter 4). The threat of delay may be that the bank will demand to pay the money debt ahead of schedule with interest (clause 2, article 811 of the Civil Code of the Russian Federation), if the loan repayment period has been violated. The legislation does not specify whether this concerns a one-time or systematic violation of payment terms.
If the debt is large, financial institutions will give the prerogative of collecting debts to collectors whose activities are not fully spelled out in the legislation. Their actions are based on the Administrative and Criminal Code of the Russian Federation, Laws 152-ФЗ dated June 27, 2006 "On Personal Data", 218-ФЗ dated December 30, 2004 "On Credit Histories", 127-ФЗ dated October 26, 2002 "On Bankruptcy" , 149-FZ "On information, information technology and information protection ".
Penalties and forfeits
Penalties for non-payment of the loan on due date are a penalty that the bank will require from the borrower without fail. Normative justification of fines and penalties (forfeit) - Art. 330 clause 1 of the Civil Code of the Russian Federation, and their effect is spelled out in Art. 395 of the Civil Code of the Russian Federation. The forfeit cannot be charged on the unpaid amount. The amount of the penalty depends on the period of non-payment. For each day of delay, penalties are charged from 0.05 to 2% of the amount owed. A penalty can be imposed at the same time as a fine, which significantly increases the amount of payment of the principal debt.
The fine is a one-time sanction that is applied for each delay. There are 4 types of fines:
- percentage of the amount of debt, which is charged for each day of delay in payment;
- a fixed fine, for example - 300 rubles for each delay;
- increasing with a certain step (300, 500, 700 rubles for each delay in payment);
- penalties are accrued as a percentage of the amount of unpaid debt;
Loan arrears - bank sanctions
Financial institutions react very harshly to overdue loan payments and try to set the highest possible forfeit amounts:
- Sberbank assigns a penalty of 0.5% of the debt for each day of non-payment;
- Promsvyazbank - a fine of 0.06% daily on the amount of outstanding debt;
- Alfa bank: for consumer loans- penalty interest up to 2% daily, with credit obligations secured by real estate - 1%;
- UniCreditBank - 0.5% of the total debt;
- VTB 24 - 0.6% every day of non-payment of the loan;
- HomeCredit - the penalty is calculated on the 10th day of delay and is 1% per day.
What to do if the loan is overdue
If you understand that for certain reasons, for example, due to illness, you cannot repay the loan on time, the first thing to do is contact the bank. Financial institutions are interested in debt repayment and may compromise if the borrower presents sufficient grounds for the inability to pay the loan. The bank can postpone the payment dates, reduce the amount of the payment or release from the accrued monetary penalties. This also applies to mortgages.
3-5 days
When delays arise, it is best to contact a bank officer and ask to move the payment deadline. If a loan is overdue for a couple of days, it may not affect your credit history. If this happens all the time, the bank offers to pay a fine or a fixed interest. Additionally, a note appears that the borrower is unreliable, this will negatively affect his reputation in the financial institution.
Overdue loan for a month
If there is a delay of a month or more, banks are actively working with non-payers - they try to contact and remind them of non-payment. You should not avoid them, this will further aggravate the situation. If you are aware of when circumstances will allow you to close the debt, it is better to inform the bank employees about it. It is possible that penalties or a fine for minor delays (up to a month) will not be charged.
Delay in the bank for more than 3 months
When there is a delay in payment of a loan for more than three months, the borrower's case is transferred to the security department, which acts more stringently. We need to start communicating with the bank, the manifestation of initiative will have a positive effect on your cooperation. Documents are collected confirming the inability to pay the debt.
An application is submitted to the credit department with a request to avoid fines, refinancing and prolongation of the debt, or agreeing on the dates of debt repayment. Employees can show loyalty, especially to those who have not previously violated their obligations.
Loan refinancing - pros and cons
Debt refinancing is the provision of a cash loan on concessional terms to pay off the main debt for which there was a long delay in the loan, if there are good reasons for this. The bank can make concessions, because the bankruptcy of the debtor is not profitable for it, it is desirable to return the debt at least in the long term. The borrower has a good chance if he has no delinquencies on previous loans.
The advantages include a technical decrease in interest, which leads to a decrease in regular payments and the ability to choose a credit institution with the most favorable rates refinancing. But there are also disadvantages:
- the need to collect a package of documents again;
- probable provision of additional financial guarantees to the bank;
- loans taken no more than 12 months ago are subject to the procedure.
Overdue loan restructuring
The debt restructuring procedure is carried out only in the bank where the loan was issued. If the borrower has good reason, the financial institution can provide an option for assistance with a loan with a large delay:
- obtaining a renewal of the contract, which leads to a decrease monthly payments;
- changes in the currency of debt;
- credit holidays- interest exemption or break in the repayment schedule;
- cancellation of penalties;
- decrease in interest rates.
What to do if the bank does not make concessions
If negotiations with the credit manager do not give a result, and the bank demands to return the entire amount ahead of schedule, you must contact the bank's management in writing. The application must be accompanied by written evidence of problems that interfere with the payment of the debt (for example, medical certificates). The bank may reconsider the request for deferred payments. Otherwise, the bank and the borrower will face legal proceedings.
Going to court
The bank has the right to go to court with a demand to collect the debt from the borrower of the entire amount under the loan agreement ahead of schedule if the loan is overdue for more than three months. This happens when all other ways of reaching an agreement have been exhausted, and even the actions of the collectors have failed.
With the correct execution of the loan agreement, the court orders the borrower to pay the debt forcibly and transfers the case bailiffs... If violations were found in the agreement on the part of the bank, the court may insist on early termination of the agreement.
Declaring yourself bankrupt
According to the "Law on Bankruptcy of Individuals" No. 127-FZ dated June 29, 2015, the bankruptcy procedure natural person was simplified and minimum amount debts amounted to 700,000 rubles. It is not very profitable credit institutions, but for those who can no longer pay the debt to the bank to file for bankruptcy - significant assistance on a loan with a large delay. The term of the bankruptcy procedure takes six months or more, and the bank will oppose the decision to declare the debtor bankrupt.
Repayment of overdue loan
When there is overdue debt on loans, it is worth trying to negotiate with the bank on debt relief. If no consensus has been found, the bank will go to court to force the debt to be repaid ahead of schedule. If the borrower has the opportunity, he can repay the debt ahead of schedule, for which it is necessary to send a corresponding application to the bank and put sum of money required to close the loan to a bank account.
Otherwise, a court will take place, the borrower will be obliged to return the money to the bank forcibly. In court, the amount of the debt can be reduced if the debtor proves his insolvency. The outstanding debt is transferred to the bailiffs, who act according to the following steps:
- send a decree to the debtor to collect half of the salary on account of the debt;
- the debtor's accounts are seized;
- seize the property belonging to him (when the mortgage was taken).
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Arrears on a loan - what to do, how to avoid interest and bad credit history
Loan for which payments were not received in specified period... Delay on a loan is a direct violation, in which the consequences are usually indicated: fines, penalties.
Overdue loans are often reflected in, which negatively affects the issuance of subsequent loans. As you know, creditors prefer to carry out transactions with the responsible, and not take risks. After all, the higher credit risk, the worse the lending conditions. This is an increased interest rate, and loan restrictions on the amount, time.
Banks, and many private lenders, as finance for lending, use funds from deposits (deposits of individuals and legal entities), i.e. act as both debtors and creditors at the same time. A high number of overdue loans can cause a situation when the lender cannot pay off his own obligations.
Overdue loans usually occur for reasons:
- Poverty, lack of funds for essential goods combined with loan repayment. In the event that financial resources are not enough for essential goods - food and clothing, the debtor may decide not to pay the loan. In case of collateralized loan, problems should not arise - you need to come to and decide how the collateral will be implemented, etc. If - the creditor has the right to draw up a case and send it to court. Sometimes a loan restructuring can be offered - payment in smaller installments, but for a longer time, interest payments, and the loan after a while. Undoubtedly, a positive moment for the debtor will be that the lender did not take into account the real income and expenses, did not leave living wage after paying off part. The outcomes of the court are different - more often, of course, in favor of the creditor. For example, confiscation of any property, forced payment from wages. Often the court meets the borrower halfway - it helps to find a compromise for payment (restructuring, seeking benefits, reducing the amount of penalties ...).
- Dismissal from work, loss of income for loan repayment. In such a case, both the creditor and the court can contribute by restructuring the debt or by appointing the so-called. "Credit vacation" ("credit holidays"). This concept implies a deferral of payments for up to several months, when you need to pay only for the balance of the debt. This, in most cases, helps the borrower to resolve temporary financial difficulties... For example, find a job or other source of income.
- Getting injured at work, injury…. These reasons are valid, creditors often make contact - improve conditions for repayment, restructure, etc. The court can also meet halfway, but the loan must definitely be repaid, one way or another.
- Death of the borrower. Of course, payments stop until the case is considered in court, at which the property will be transferred to the heir. And the court will agree on the procedure for payments on the loan. Or the property of the deceased will be sold at a public auction. And the proceeds will be used to pay off part or all of the amount.
- Negligence of the borrower. If the debtor is not responsible, he may simply miss the date of the loan payment. Upon notification from the lender, such borrowers often pay the loan immediately, as well as penalties for late repayment. At times this can be reflected in the credit history, at other times it is not. In fact, this delay is insignificant and does not prejudice the interests of the lender.
- Temporary circumstances. These are often: salary delays, late accrual of dividends, late payment of rent. In addition, there are often cases when payment occurs ahead of schedule, and funds are credited a day or two later. Such situations usually do not go to court. And are resolved between the creditor and the debtor in individually... Often, such situations are reflected in loan agreement.
- Various other circumstances. It can be theft, fire, illness of one of the relatives, and so on. Such cases, of course, are considered on an individual basis, and, depending on the severity of the factors affecting the solvency of the debtor, help to reach a consensus with the creditor.
No reason allows the debtor not to pay the loan. Every penny received from the lender must be returned in full and with interest. In rare cases, the lender decides to "donate" the interest or part of it, in very rare cases - to forgive part of the borrowed funds.
The procedure for collecting bank loans is usually the same:
- A few days after the delay arises, bank employees begin to call in order to clarify what caused the debt, find out when the borrower will start paying and report the penalty.
- If payments are not received, the debtor may be offered a change in the terms of credit - restructuring. Or postpone payments for a while, obliging to pay only interest on the balance.
- When this number does not pass, collectors may appear (people who earn by collecting debts from problem borrowers). They can come to work, home, call relatives ...
- Finally, if the collectors do not cope, a case is drawn up and sent to court.
Sale of obligations
Overdue loans are often transferred or sold to other banks, lenders or special collection (debt) agencies. The sale price depends on the delay time, the debtor's solvency rating and other factors.
After 90 days, the case can be sent to the court, in 99% of cases taking the side of the creditors. Undoubtedly, under the reasonable circumstances of the borrower, the court may try to find a compromise. Then the lender will not be an injured party, and it will be easier for the borrower to give the loan. If no compromise is found, the pledge (if any) or other property of the borrower is sold. If there are not enough funds for repayment, the borrower's funds are blocked in the bank accounts, or part of the income is redirected to pay off the loan. Of course, the court services, which are paid by the debtor, are added to the loan amount, interest, fines and penalties.
When taking a loan, you need to take into account not only ordinary loan payments, you need to provide Unexpected situations... For example, if a debtor is fired from his job - how will payments be made, will he be able to pay? If not, then what is he willing to sacrifice in favor of the lender. Will it be possible to sell something profitably on the side or offer the lender as payment? Of course, there are also unforeseen situations. And the most reasonable thing for him would probably be to lay out all the circumstances to the creditor or collector. And try to find a compromise in which payments will continue, albeit not in the usual order.
If it is not possible to pay the loan, we advise you to contact the lender before the payment deadline to find an option that suits both parties. If the deadlines have already passed, the conversation on the part of the lender will be tougher, because one of the principles of lending has been violated -.
What to do if the loan is already overdue and bank employees call or come?
By phone or at a meeting, you need to explain what the problems are and try to find a compromise. In the best case, agree on restructuring or refinancing (issuing a new loan to repay the old one, on easier terms). Or say when it will be possible to pay, having heard in response the amount of penalties caused by delay.
If the bank's forfeit amounts to an excessive amount and conversations are useless, perhaps waiting for the trial is the best way out. By law, fines can amount to a similar amount to the damage incurred. Quite often, in court, the amount of the forfeit can be reduced to a small amount plus the usual loan interest.
It should be remembered that many details of the transaction are described in the loan agreement. There is no desire to go to the bank, but there is no money for a lawyer? It is worth opening the contract and reading it carefully. Perhaps the situation is described verbatim.
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