What to do with arrears. Loan arrears - what to do, how to avoid interest and bad credit history
Even bona fide clients may have circumstances that hamper the possibility of payments, and then completely knock them out of the debt repayment schedule. We have prepared tips on what to do in such situations, and how a bank can help facilitate loan repayments.
I forgot about the loan and panicked
A significant proportion of loan delinquencies arises from the forgetfulness of the borrower. Usually in such cases, the amount of debt is relatively small, and the penalty on it grows no more than a couple of thousand rubles. But the late payment situation itself can cause an inadequate panic in the client, and he will prefer to avoid any contact with the bank in the hope of avoiding potential problems. Meanwhile, debt and fines will increase.
In such situations, it is better to immediately call the bank and honestly admit your forgetfulness. The actions of the lender will depend on:
- from the amount of overdue debt;
- the term of its occurrence;
- and the borrower's attitude to the situation.
Therefore, during a conversation with the bank operator, it will be useful to find out the amount of the debt, how much the payment is overdue and the total amount of the penalty for the delay in payment. A delay of 1-2 days in credit institutions is often considered technical and is not subject to any sanctions. If the delay occurred due to a misunderstanding, you can directly inform the bank about this and ask to cancel part of the accrued fines. The result depends on the ability to negotiate and credit history.
Lost my job, hard to find a new place
Optimizing staff to improve reporting performance by superiors or to reduce due to the difficult financial situation in the enterprise is a fairly common practice recently. And taking into account the loaned quarter of the population, job loss is not a rare reason for late payment of a loan.
If the borrower 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 from the advance. The search for a good option for a place of work can drag on for weeks or even months, and the bank will call and send messages with reminders about debt repayment all this time. If the debt hangs for more than 60 days, the lender may demand a full refund of the remaining amount, including the overdue part, or go to court or collectors.
Clients who have lost their jobs often do not answer the bank’s calls at the first stage because they are embarrassed to admit to losing their jobs. They worry that the bank may take all their property from them. But it’s not at all in the interests of the bank to deprive the customer of the opportunity to ultimately pay the full amount with interest.
Better call the bank yourself and clarify 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 deferment until the debtor finds a job.
They took a foreign currency mortgage and a child was born
Young families are still tempted by the seemingly favorable terms of the currency mortgage, but the ruble exchange rate jumps back to reality and absorbs all income. Over time, a new unit of society, and even with a newborn child, it becomes difficult to hold out on 20 thousand rubles a month and mom's sunsets.
Oddly enough, however, a baby who was born can correct the situation. Inform the bank of the birth of the child and agree with him on the delay in payment of the mortgage for several years. True, the delay applies only to the payment of the main debt. And interest for using credit funds will have to be paid in any case. If the loan is concluded for several decades, then they will be the main part of the payment.
And in such cases, it is easy to review the terms of the contract, since it is unprofitable for them to lose a mortgage client. These banks may offer to fix foreign currency debt in rubles and extend the payment schedule for a longer period.
I scored loans and do not 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 term is more than a month and the client does not want to be announced to his creditor at all, but already understands that he was not quite right, then there are three options for the development of events:
- loan refinancing;
- debt restructuring;
- bankruptcy.
In the first case, the borrower needs to contact another bank and apply for a new loan for the same amount that he owed, only for a longer period and preferably at a lower percentage.
For the restructuring, you will have to tell the creditor bank about everything that prevented you from paying the debt on time. This is necessary so that the bank realizes that in the current circumstances the borrower does not have the slightest opportunity to repay the loan. Then the lender will review the current terms of the contract and may change the repayment schedule, increase the loan term or provide a deferral of principal. In addition, the restructuring will stop the accrual of fines and penalties.
And not everyone can plead bankrupt. Only one can use this right:
- 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 criminal record in the past.
One way or another, all of the above methods only slightly ease the position of the borrower, who will probably have to deprive himself of the usual entertainment for a few years, get a job for two or three and remember how cool it was a couple of years ago.
When the borrower signs a loan agreement, he expects that he will fulfill the obligations imposed on him by the bank if he is not a fraudster and does not intentionally take a loan without repayment.
A person can be convinced that he will repay the loan in a timely manner, or simply rely on it at random, but life circumstances may not be in his favor, and the repayment terms can move further and further from the date of payment on the loan, depending on the “severity” of these circumstances. As a result, there is a delay in the loan. How does she threaten the borrower and what should he do in this case? What consequences can it have depending on the term of an overdue debt on a loan (loan)? You will find the answer to these questions in our article.
Minor (technical) delay in the loan: from 1 to 5 days.
Delays in repaying a loan from 1 to 5 days can really be called insignificant, or technical. The borrower could forget and make a payment later than the loan payment day specified in the contract, or he made the money exactly on time with the partner (for example, in the payment terminal), but did not expect the transfer to last several days. As a result, the delay in kind of timely payment turned out to be 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 any additional delay in the transfer. Otherwise, the situation with late payment may become even worse.
Such small delays in payments practically do not threaten the borrower, but only on condition that this is the first violation, and with the caveat that this applies to the bank with which he has a loan agreement. The thing is that the bank will send information on the fact of repayment of the next payment to the credit history bureau (BKI) in accordance with the law on credit histories. 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 will apply for another loan, the credit institution will necessarily request his “credit dossier”, or will be calculated on the basis of his CI data. And how a potential lender will treat these minor "sins" - no one else knows.
To avoid delays in repaying the loan, companies use automatic SMS alerts that remind the client of the due date of payment. Also, SMS can remind you of the need to pay in case of delay. For forgetful people, this really works.
The bank spends its money on such reminders and it certainly will not “close its eyes” on deviations from the terms of the contract. For a delay in the loan, even insignificant, the bank will accrue in the form of a penalty or a fine. A penalty in the form of a percentage of the amount of outstanding debt will be charged EVERY DAY of delay, and a penalty is usually punished for the fact of delay. The penalty is just needed to ensure that customers do not allow minor delays (it usually stings more painfully). Moreover, some banks increase the amount of the penalty for each delayed loan repayment. You don’t have to run far for an example - Tinkoff Bank charges such fines on its credit cards. Go, 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 already have problems with the bank itself. They will simply take note of it, and this can ruin the relationship with the lender, affect the cost of future loans at this bank (if they will be given at all) and deprive other benefits - loyalty from the institution in such cases is not to be expected.
Often, loan agreements may contain clauses on early repayment of the entire loan amount in case of periodic disruption of the payment schedule. Such a principled approach is rarely practiced, yet the bank wants to benefit from the loan, but there are precedents.
What to do to avoid creditor suspicions and penalties? To do this, it is recommended:
- carefully study the loan agreement and not violate the payment schedule;
- have an idea of \u200b\u200bfines and other penalties;
- develop the habit of making monthly payments 2-3 days before the due date of payment and choose those partners of the bank whose transfer will come instantly or during the working day (it is better to do this in the bank itself, but not always conveniently);
- if you understand that repayment delays cannot be avoided, then notify your manager or email / call your creditor and describe your still minor problem.
Loan situational arrears: from 6 to 29 days (up to 1 month)
The reason for the “situational” delay may be various unforeseen circumstances. Often, borrowers do not repay payments for reasons beyond their control: wage delays, business trips or departures for personal reasons, sudden illnesses, unplanned expenses, etc. All this is partly force majeure, which force the client to violate the "rules of the game." As a rule, there is no kind of fraudulent intention here, people simply do not have “free” money or time at the time of repayment. Or they prioritize in such a way that payments to the bank are relegated to the background (in the end, there is something to be done).
Banks with such terms of overdue loans begin to slow down the debtor more actively. Employees of the credit department are connected to work with debtors. Their duties include monitoring the timely payment of loans and other related payments (insurance, fines, etc.). Specialists contact the debtor by phone in order to inform the borrower of the presence of late payments, to clarify the reasons for non-payments and to clarify the terms of liquidation of the debt. Typically, such calls are made at least 1 time per week.
This approach is not typical for all banks. If no one bothers the borrower, then you shouldn't rely on luck - the credit department simply could not get their hands on the debtor, and sooner or later they will deal with it. Again, one must not forget that a penalty is already “dripping” into the outstanding amount, which is clearly not at hand for the borrower.
On the Internet you can find the opinion that the bank, delaying the appeal to the debtor, thus earns on forfeit. But in reality, banks do not need this trouble with overdue debts. The more of them, the worse the performance of the bank in its reports to the Central Bank of the Russian Federation - the main financial regulator, and you can even get to the deprivation of a license. Therefore, getting rid of debts is one of its most important tasks.
What to do to a borrower in such a difficult situation? There is only one way out: to pay the penalty (penalties + fines) and try not to delay the repayment of the “body” of the loan. Why is it necessary to repay the penalty in the first place? The fact is that the bank repays the debt according to the following scheme: first of all, fines and penalties are deducted from your payment, secondly, commissions, then interest and, last but not least, the loan body itself (for more information). If you fundamentally extinguish only the body and not a ruble more, then exacerbate the situation even more.
So, at this step it is very important to demonstrate your decency to the bank:
- notify the bank in advance of a possible problem in person, by phone or by sending a written statement explaining the situation in detail and confirming its exclusivity;
- attach to regular payments on a loan to relatives and friends - ask them to make a payment for you on time. Do not forget to provide them with money and instructions for repayment;
- get in touch with the representatives of the lender. Do not shirk, but say 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 so;
- if you are an MFI client, but activate the service. In fact, this is a legalized deferred payment.
Problem delay and its consequences: from 30 to 90 days (up to 3 months)
If the debtor delays the payment for such a period, then this indicates a loss of control over the situation: either the person for some reason began to evade fulfillment of his obligations, or the money situation really worsened so much that there was simply nothing to pay. The borrower begins to slide into a debt hole, where you can stay for a long time, and getting out of it will be much more difficult than at the current stage. That is why it is worth making maximum efforts in finding funds, and not sour and "roll on the thumb." What to do when there is nothing to pay a loan, read at.
For the bank, this is a clear signal that the debt is moving into a problem stage and that active steps must be taken to repay it (or at least to “save” part of the funds). Work with such a client begins to lead already specialized in the form of "soft pressure". Hamish people can also get caught - mostly these are former representatives of law enforcement agencies, but, as a rule, their task is not to scare the debtor, but to enter into his position and suggest ways out of this difficult situation.
There will be more calls at this stage, a person will also be invited to the bank 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 may be offered various solutions to the problem:
- debt refinancing by taking a loan from another bank and repaying existing debt (re-lending);
- debt restructuring;
- cancellation of penalties subject to repayment of the loan body, it is possible to provide a delay. Alternatively, repay half of the loan body now, and split the second 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’s better not to “get into a pose”, but to go forward and seek a compromise:
- do not avoid communication with representatives of the recovery department;
- politely and most fully answer questions;
- adequately respond to psychological pressure, paying attention to the inadmissibility of such an impact.
Phone calls are just a routine of overdue debt specialists. After receiving calm and intelligible comments in response to claims on debt, a bank employee is likely to stop pressure for a while.
You will have to put up with the fact that they will pester relatives, work colleagues (inform the authorities), ring all available phones, scare them with various problems (blacklisting, inability to travel abroad, selling debt to collectors, problems with loans in the future, etc.) .d.).
All this is not so scary, in addition, the debtor is seriously protected by the state, look, for example, it also concerns the work of the bank collection service.
To show your desire to meet a solution to the problem, it is recommended that you pay the amount available to you once a month to pay off the debt. At the same time, save checks (receipts), they may come in handy in the future.
It must be understood that banks will strive to solve the problem of debt repayment in the pretrial order - this is less red tape and cheaper. It is always better to solve problems peacefully.
An unscrupulous borrower who takes the initiative and seeks to eliminate the negative will be heard. Do not be afraid to independently inform the bank of financial difficulties. An excellent recipe in a 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, the insurance company will be required to pay off your debt to the bank. Therefore, it is worth considering whether to abandon it?
Long-term delay: from 3 months
The delay in payment, which dragged on for 3 months, six months or more, indicates that the debtor is unlikely to repay the debt on his own. The bank has only two options: to collect the debt through the court or to transfer the right to claim the debt to the collection agency, which specializes in “squeezing” the 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 requirements to pay off the debt and warnings about problems that may arise if the obligations under the contract are not fulfilled. There may be several letters: with each of them the “degree” of intimidation will only increase. Usually scare 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 offender.
The trial, as a rule, is preceded by the final stage of negotiations. It is at this stage that it is important to try to regain control of the situation in your own hands. If possible, use the support of a lawyer and enter into correspondence with the bank. Dialogue must be in writing. Information on how to write a letter can be found on specialized websites on the Internet. Please note that the bank’s responses must contain real signatures, not facsimiles, and letters must be “fixed” with wet (blue) seals.
A sample plan for applying to a financial institution:
- Cap: Position, full name of the addressee (it is important to contact a specific person);
- A detailed description of the problem that caused the delay;
- Copies of documents that can serve as evidence of the exceptional circumstances that have arisen (certificates of employment, orders from superiors, bank statements, receipts, bills, recipes, etc.);
- A request for a written response and your desire to pick it up personally at the bank;
- Offers a plan for your next steps in debt repayment.
Require a copy of each copy of the correspondence with a mark on registration with the bank, indicating the date and name of the person who accepted the application. Keep all correspondence.
If the bank insists on the sale of collateral (if available in the contract) in the pre-trial procedure, there is no need to rush. In order to avoid problems and possible fraud, it is better to wait until trial. Although in some cases, extrajudicial sale of collateral will make sense provided that it is correctly assessed and its market value is compared with the amount of debt.
If the bank has ceded the right to demand debt to collectors by, then nothing essentially changes for the debtor - the amount of debt remains the same, in accordance with the terms of the agreement that he concluded with the previous creditor - the bank (nuances from the link above). By the way, collectors can work not only by assignment agreement, but also by. In this case, the collection agency acts as an intermediary and does not have any rights, it only helps the bank to clear the debt. You can find out the “status” of 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 threatens 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 was said above, nothing will change for an overdue, unless they push harder on it. Debt collection is the main business of collectors, and they can do a lot to get benefits. Fortunately, the topic of collection arbitrariness is widely covered in the press and on television, in addition, quite severe laws have been adopted that limit the activities of collection agencies. If you are faced with boorish treatment and violation of ethical and moral standards,.
In the second case, the debtor awaits the court. The court is more likely to make its decision in favor of the creditor, and now the state will take on the debtor in the person of bailiffs, who can foreclose the debtor's movable and immovable property, household appliances, luxury goods, in general, any liquid assets, with a few exceptions. Alternatively, the debt will be deducted from the debtor from the salary.
In some cases, the court can meet the debtor by awarding the payment of only the body of the loan without accrued penalty, according to Article 333 of the Civil Code. This is possible only if there is a clear disproportionate penalty for the consequences of breach of obligation, and this must be proved.
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 still solutions to the problem. One of them is to initiate the procedure. But if you familiarize yourself with its nuances and limitations in more detail, you will understand that it is better not to get involved in bankruptcy - this is a “toy” for wealthy 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 the court for collecting overdue debts. But it’s also not so simple with him, although if you are ready to change your name and “lie 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 can’t make the next payments? There will be several options for the development of your relationship with the bank and they will depend on the period of delay in the loan and on its volume. Let's look at the whole chain of possible events, and determine our strategy of behavior.
A short delay in the loan, and even more so the first, does not affect the credit history. Many banks have a system of SMS alerts - an unobtrusive reminder of the due date, which often justifies itself. If you are closing a debt in the current period, consider the incident settled.
It is extremely rare to engage human resources in the fight against minor delays. However, in order to be discouraging, in addition to interest penalties, expressed as a percentage, banks also set a fixed penalty for violation of the terms of payment. Usually the penalty is small - 50-300 rubles, but in the context of the total cost of the loan is very unpleasant.
The second and subsequent minor delays will form the bank's impression of an emerging trend, perhaps this will not be reflected in documents, or perhaps a check mark will appear next to your last name.
Practice shows that even small marks of the bank can ruin the credit history for many years.
According to the conditions of some, repeated even insignificant delay in the loan is an occasion to demand early repayment of the entire loan amount with accrued interest. In fact, such a sanction is applied extremely rarely, since it does not provide financial benefits primarily to the bank itself.
What to do?
- Take a habit a few days earlier than the final date.
- Examine the loan agreement for sanctions for short-term delays.
- Warn your manager about a few days of payment delays: loyalty in a relationship is the key to resolving many controversial situations in the future.
Situational loan delay: from 2 weeks to 1 month
Often, such a delay arises due to unforeseen circumstances: delay in salary, long departure, illness, additional expenses, etc.
Work with debtors at this stage is still carried out by employees of the credit department, but with the inclusion of personal conversations. They will call you, find out the reasons, agree on specific repayment dates. If you are not worried, do not hope that the delay has not been noticed. In some banks, staff responsibilities simply do not include such communication with customers, and in some, the amount of penalties is a separate item of income.
Your goal is to pay off debt as quickly as possible. At such a time, payment of a penalty and a penalty is unlikely to be avoided, try not to accumulate it at least.
If you have exactly decided on the debt repayment date (cash receipts are expected, you will return from the trip), be sure to inform the bank about it. Most likely, they won’t call you before it arrives.
At this stage, you can already contact the bank in writing.
What to do?
- Leaving the city, leave relatives money and instructions for repaying your loan.
- Respond to bank calls as informative as possible, name specific dates and amounts.
- Contact the bank with a written application - explain the situation, assure the bank of the exceptional circumstances.
Problem loan delay: from 1 to 3 months
For 2 - 3 months of delay, you will probably decide whether you have the opportunity to rectify the situation and pay off all debts in the near future, or you have lost control over the situation and you need radical measures and bank assistance.
Problematic delay in the loan passes under the jurisdiction of non-financial specialists of the bank - to the department for dealing with problem debtors or to the security service; you will have to communicate with people whose job it is to repay the debt, then 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 not be soon to return to your surname.
Secondly, at least once a month, visit a bank branch and record your visit with a contribution of a small amount to pay off the debt. In the future, you will need these receipts in court or in pre-judicial reconciliation of the parties.
Third, be prepared for psychological pressure. You will be described in all colors troubles that may fall upon you before the debt is paid off, calls may be made to bother your superiors and relatives using all the contact numbers indicated in the questionnaire. They may promise to include your surname in all possible black lists, complicate your travel abroad, frighten with public discrediting, etc. It will not be easy, but there is always a way out.
The help of the bank in this situation can be reduced to:
- granting a deferral of payment of the loan body;
- debt restructuring;
- loan prolongation with a decrease in monthly payments;
- cancellation of all penalties subject to a lump-sum repayment of the main debt.
Different banks behave differently with debtors, however, a constructive dialogue is always better than the upcoming trial and long paperwork. Banks often prefer to negotiate, take the initiative, peacefully propose their solutions - and you will have a chance to be heard.
What to do?
- Communicate with the bank, take the initiative in solving the problem.
- Do not respond to provocations.
- Write a statement and indicate a debt repayment scheme acceptable to you.
Long-term loan overdue: from 3 months
In the category of long-term delay is transferred after 3 - 6 months. The Bank transfers your relationship to the 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 it is extremely important here not to let everything go by its own accord. it is necessary to keep only in writing on paper, in the bank’s replies check the presence of a signature (not a facsimile) and a wet seal.
Your statements should be meaningful:
- in the header indicate the specific person to whom you are contacting (not just the director, but the full name, it’s more difficult to avoid responsibility);
- describe in detail the reason for the delay;
- support information with calculations, certificates and orders from the place of work, bank statements;
- be sure to indicate that you want to receive a response in writing and pick it up personally from a bank employee (in case of postage and “loss” of the document);
- propose your schemes for further developments.
Keep one copy of the application with a bank mark on registration and the name of the employee who received it.
Even at this stage, the bank will begin to demand to voluntarily sell the subject of pledge, if any. The bank may demand, but the final decision is yours:
evaluate the value of the collateral;
Compare the market value of the collateral with the amount owed.
Sometimes this step is economically justified: for example, you took a car with a large down payment, paid a part of the loan and now its sale value will completely cover both the body and the interest.
Do not succumb to provocation and never transfer collateral to bank employees until a decision is made in court. A common type of fraud is the sale of your property at a reduced cost to the bank employees themselves or their relatives during the fake auctions. After implementation, you continue to be credited with the difference, interest, fines and penalties.
Try to find in the clauses of the loan agreement the enslaving amounts of fines, penalties, and forfeits. This term is often used by lawyers, and it builds the main line of defense in court. Using the Internet, all kinds of legal forums, you can try to find these items yourself, in extreme cases, contact a specialist. However, it is better not to involve professional lawyers (lawyers) in the trial, since judges are well aware of the cost of such services and this may not be in your favor. That is, there is money for a lawyer, but not for repaying a loan.
What to do?
- Maintain an active dialogue with the bank in writing.
- If there is such an opportunity - independently implement a pledge.
- Get ready 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:
- Bank sells debt.
- The bank collects debt through the court.
The first option differs little from all the procedures described above, but it all starts all over again - they call you, write, talk, persuade, then intimidate, that is, they are psychologically and morally crushed. We will not mention the “black” reservoirs, the impact schemes of which go beyond the legal framework, but such exist today.
The second option in the worst case ends with a court decision in favor of the lender, that is, you have to pay off the debt with all the accrued interest, fines, penalties. With a small amount of debt, repayment funds can be deducted from salary. If this is not enough, the actions of the 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 of up to 2 years is provided for malicious debtors with a debt of more than 1,500,000 rubles.
Smaller amounts fall under the provisions of the Civil Code.
Important! Article 159. Fraud of the Criminal Code of the Russian Federation is not applicable to you if you didn’t hide from the bank, made payments (in any amount), or didn’t provide false information about yourself when applying for a loan.
Collection procedure
So, how is the recovery of property.
First, the bailiff opens the paperwork and sends the debtor a copy of the decision by mail. Then the bailiff offers to voluntarily pay the amount specified in the court decision, and sets the deadlines for “peace” negotiations. Paperwork can last several months.
At the end of all terms, the bailiff proceeds to the forced collection of debt, comes to the borrower home, describes the property and puts it up for public auction. Criminal liability is provided for ignoring bailiff visits.
The penalty may be levied on the debtor's movable and immovable property, on luxury goods, household appliances, on any liquid assets.
The exception is:
- the only room suitable for living;
- land under these premises;
- personal items;
- food;
- cattle;
- fuel needed for heating and cooking;
- prizes and honorary honors awarded to the debtor, etc.
Also, the bailiff cannot pick up property that does not belong to you.
For example, family members may present warranty cards for household appliances issued in their name, loan agreements, and other documentation.
And if the debtor has shares in several apartments?
Then the bailiff establishes the place of permanent residence of the borrower, which is not subject to confiscation, and the demand for the allocation by sale of part of the property may well send the remaining shares. But such an outcome is possible only if the size of the debt is commensurate with the value of the share.
Comparability can be defended, but the final decision is up to the court. Naturally, each borrower believes that selling a share for 1,200,000 rubles. disproportionate to repay the debt and in the amount of 1 000 000 rubles. And each lender will insist that the shares in 2 million rubles. not sorry for the repayment of his hard-earned 500,000 rubles.
Retail Lending Debtors
A bank appeal to a court may become a lifeboat for debtors of the retail lending sector by:
- credit cards
- consumer loans;
- unsecured cash loans.
This sector has the highest risk for the bank, therefore, it provides for the highest commissions, fines and penalties for late loans.
Bank charges:
- fixed penalty for late payment;
- penalty for each day of delay;
- penalty for several consecutive delays, etc.
Now imagine the situation:
your monthly payment is 1,500 rubles, but after 3 months of delay it turns out that you owe the bank not more than 1,500 rubles. * 3 \u003d 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 main debt, it simply does not make sense to start repaying a loan in small installments. All funds contributed will go to cover fines and interest, you simply won’t get to the main body of the loan.
What to do?
Start to set aside the required amount based on the calculation of the principal debt +% for using a loan on deposit, open an account with replenishment and follow the schedule.
When you have accumulated a sufficient amount, contact the bank with a written request and offer to pay off the full amount of the debt subject to the cancellation of all fines and penalties. Many banks agree to this option.
Otherwise, expect the case to be brought to court. At the hearing you will need to convince the judge of your solvency - provide bank statements for 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 court in order to earn superprofits in the form of fines.
About Bankruptcy Law of Individuals
The bill on bankruptcy of private individuals for several years can not go through the dense ranks of lobbyists in the State Duma. Creditors mercilessly criticize this Law, because with it, bank customers will be able to protect themselves from the first months of the delay and not wait until the amount of debt exceeds all unthinkable marks.
In recent hearings, the Law has undergone changes, naturally not in favor of borrowers. The amount of debt with which it is possible to file for bankruptcy from 50 to 300,000 rubles has increased, an obligation has appeared to pay for the services of a financial manager (and this is at least 10,000 rubles per month). Deputies are also trying to reduce the list of property that is not subject to confiscation.
The introduction of the Law is expected to 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 restructuring plan and 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 an 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 guarantee agreement, the bank does not even have the right to call you and “load” you another's credit histories. We make a reservation that the spouse acts as property guarantors under mortgage agreements without fail.
Sometimes, borrowers indicate the phone numbers of relatives as a verification telephone number for identity verification, the same argument is in your defense - only a guarantee agreement binds you with financial obligations to other people's loans.
The reason for bothering the relatives is also not the situation when the borrower does not get in touch with the bank, does not answer the calls, even if your relative has really disappeared and the police officially admit the fact of missing, the fact of death and, accordingly, the inheritance of the debt, occurs only after 5 years. Note - the limitation period of accounts payable is 3 years.
We will separately consider the issue of debt inheritance.
The death of the borrower is the basis for the bank to contact relatives for debt repayment. However, it is possible to inherit debts only with the main inheritance. Simply put, if assets have not been transferred to you, then debts will not be transferred.
Until you enter into the right of inheritance, that is, no earlier than 6 months from the date of death of a relative, the bank and collectors are not entitled to demand that you deposit money. You can remind them that no one has canceled the article for extortion.
If there are more than one heirs, then the responsibility for debts between them is divided in proportion to the share of inheritance received.
It may be necessary to settle the issue of canceling fines and penalties for 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.
Everyone can be in a difficult situation. Fight for your rights and remember, the responsibility for delaying a loan can always be shared with the bank!
Content
Most Russians borrowed money from the bank at least once in their lives. You can take out a loan to buy an apartment or a car, apartment or for consumer needs. As a rule, the debt is not paid immediately, but is divided into monthly payments, which are paid regularly on a certain date. A loan overdue has many consequences: the imposition of monetary fines, an increase in the size of the payment, and even legal proceedings.
What is a loan delay
An overdue loan is a debt to a bank under a loan agreement that is not paid on time. From the moment the debt arises, the bank is entitled to impose sanctions on the debtor - fines and penalties, the amount of the penalty is specified in the contract. They are not too high, but the size of the debt can increase significantly. If one-time delay in payment, the financial institution may be loyal to this. Systemic delays in making payments will lead the client to the rank of malicious defaulters and spoil his credit history.
Legal regulation
Collection of overdue debts is regulated by the Civil Code of the Russian Federation (paragraph 1, chapter 4). The delay may be threatened by the fact that the bank will require you to pay cash debt ahead of schedule with interest (Clause 2, Article 811 of the Civil Code of the Russian Federation) if the loan repayment terms have been violated. The legislation does not specify whether this is a one-time or systematic violation of the payment deadlines.
If the debt is large, financial institutions will give the prerogative of debt collection to collectors, whose activities are not fully specified 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-ФЗ “On information, information technologies and information protection”.
Penalties and Forfeits
Penalties for non-payment on the loan due date are a penalty that the bank will require from the borrower without fail. Normative justification of fines and penalties (forfeits) - Art. 330 p. 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 penalty cannot be charged on the unpaid amount. The size of the penalty depends on the period of non-payment. For each day of delay, interest is charged from 0.05 to 2% of the amount owed. A penalty can be assigned at the same time as a fine, which significantly increases the amount of principal repayment.
The penalty is a one-time sanction, which is applied for each delay. There are 4 types of fines:
- a percentage of the amount of debt that is accrued for each day of delay in payment;
- a fixed fine, for example - 300 rubles for each delay;
- going on increasing with a certain step (300, 500, 700 rubles for each delay in payment);
- fines are accrued as a percentage of the amount of outstanding debt;
Loan arrears - bank sanctions
Financial institutions react very harshly to late payments on loans and try to assign the highest possible amounts of forfeit:
- Sberbank assigns a penalty for each day of non-payment in the amount of 0.5% of the debt amount;
- Promsvyazbank - penalties of 0.06% daily of the amount of outstanding debt;
- Alfa Bank: for consumer loans - interest up to 2% daily, for loan obligations secured by real estate - 1%;
- UniCreditBank - 0.5% of the total debt;
- VTB 24 - 0.6% each day of non-payment of a loan;
- HomeCredit - interest is charged on the 10th day of delay and amounts to 1% per day.
What to do if a loan is past due
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 repaying the debt and may compromise if the borrower presents sufficient grounds for not being able to pay the loan. The bank may postpone the payment date, reduce the payment amount or exempt from accrued monetary fines. This also applies to mortgages.
For 3-5 days
When delays arise, it is best to contact a bank employee and ask to move the payment deadlines. If a loan is delayed for a couple of days, it may not affect the credit history. If this happens all the time, the bank offers to pay a fine or a fixed penalty. In addition, a note appears that the borrower is unreliable, this will negatively affect his reputation in a financial institution.
Overdue loan for a month
If there is a delay of a month or more, banks are actively working with defaulters - they try to contact and remind about non-payment. Do not avoid them, this will further exacerbate the situation. If you are aware when circumstances will allow you to close the debt, it is better to inform the bank staff about this. It is possible that fines or penalties for minor delays (up to a month) will not be charged.
Overdue in a bank for more than 3 months
When there is a delay in payment of the loan for more than three months, the borrower's case is transferred to the security department, which acts more strictly. We need to start talking with the bank, the manifestation of the initiative will positively affect 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 debt or agreeing on the dates of repayment of debt. Employees can be loyal, especially to those who have not violated their obligations before.
Credit Refinancing - Pros and Cons
Debt refinancing is the provision of a cash loan on concessional terms to repay the main debt, which 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 unprofitable for him, it is advisable to repay the debt at least in the distant future. The borrower has a good chance if he has no delays in previous loans.
The pluses include a technical reduction in interest, which leads to a decrease in regular payments and the ability to choose a credit institution with the most favorable refinancing rates. But there are also disadvantages:
- the need to again collect a package of documents;
- probable provision of additional financial guarantees to the bank;
- the procedure is subject to loans taken no more than 12 months ago.
Overdue loan restructuring
The debt restructuring procedure is carried out only in the bank where the loan was issued. If the borrower has good reasons, the financial institution can provide, as an option, loan assistance with a long delay:
- obtaining an extension of the contract, which leads to a decrease in monthly payments;
- changes in debt currency;
- credit holidays - exemption from interest or a break in the repayment schedule;
- abolition of penalties;
- interest rate reduction.
What to do if the bank does not make concessions
If negotiations with the credit manager do not give a result, and the bank requires that the full amount be returned 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 debt (for example, medical certificates). The bank may reconsider a deferred payment request. Otherwise, the bank and the borrower are awaiting trial.
Going to court
The Bank is entitled to apply to the court with a request to collect the debt from the borrower of the entire amount under the loan agreement ahead of schedule if the loan has a delay of more than three months. This happens when all other ways to agree have been exhausted, and even the actions of the collectors have not had a result.
With the correct execution of the loan agreement, the court awards the borrower to pay the debt forcibly and transfers the case to the bailiffs. If the contract found violations by the bank, the court may insist on early termination of the contract.
Declaring yourself bankrupt
According to the Law on Bankruptcy of Individuals No. 127-ФЗ dated June 29, 2015, the bankruptcy procedure of an individual was simplified, and the minimum amount of debts amounted to 700,000 rubles. This is not very beneficial to credit organizations, but for those who can no longer pay the debt to the bank to file for bankruptcy - a significant help on a loan with a large delay. Bankruptcy proceedings take six months or more, and the bank will oppose the decision to declare the debtor bankrupt.
Repayment of an overdue loan
When there is an overdue loan debt, it is worth trying to negotiate with the bank about debt relief. If no consensus is found, the bank will go to court to force repayment of the debt 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 the amount of money necessary to close the loan into the bank account.
Otherwise, a trial will take place, the borrower will be obliged to return the money to the bank by force. In court, the amount of debt may be reduced if the debtor proves insolvent. The outstanding debt is transferred to the bailiffs, who act according to the following steps:
- send to the debtor the decision to collect half the salary against the debt;
- arrest the accounts of the debtor;
- seize property belonging to him (when the mortgage was taken).
Video
Found a mistake in the text? Select it, press Ctrl + Enter and we will fix it!To discuss
Loan arrears - what to do, how to avoid interest and bad credit history
A loan for which payments have not been received on time. A delay in 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 the following loans. As you know, lenders prefer to carry out transactions with those responsible, rather than take risks. Indeed, the higher the credit risk, the worse the loan conditions. This is an increased interest rate, and credit restrictions on the amount of time.
Banks, and many private lenders, use finance from deposits (deposits of individuals and legal entities) as finance for lending, i.e. act as debtors and creditors at the same time. A high number of overdue loans may lead to a situation where the lender cannot settle its own obligations.
Overdue loans usually occur for reasons:
- Poverty, lack of funds for essential goods combined with loan repayments. If financial resources are not enough for essential goods - food and clothing, the debtor may decide not to pay the loan. In the case of a security loan, there should not be any problems - you need to come in and decide how the security will be realized, etc. If - the creditor has the right to draw up a case and send it to the court. Sometimes, restructuring of a loan may be proposed - repayment in smaller installments, but for a longer time, payment of interest, and loan after a while. Undoubtedly, the positive point for the debtor will be that the lender did not take into account real income and expenses, did not leave a living wage after the repayment of the part. The outcome of the court is different - more often, of course, in favor of the lender. For example, confiscation of any property, forced repayment from salary. Often the court goes towards the borrower - it helps to find a compromise for payment (restructuring, the search for benefits, reducing the amount of forfeits ...).
- Dismissal from work, loss of income to repay a loan. In such a case, both the creditor and the court can contribute by restructuring the debt or appointing the so-called. “Credit vacation” (“credit vacation”). This concept implies a delay in payments for a period of up to several months, when you need to pay only for the balance of the debt. This, in most cases, helps the borrower solve temporary financial problems. For example, find a job or other source of income.
- Getting injured at work, injured .... These reasons are valid, creditors often make contact - they improve the conditions for repayment, restructure, etc. The court can also meet, however, the loan should definitely be repaid, one way or another.
- The death of the borrower. Of course, payments are stopped before the case is considered in court, at which the property will be transferred to the heir. And in court, the procedure for repayments on the loan will be agreed. Or the property of the deceased will be sold at public auction. And the proceeds will go to repay part or all of the amount.
- Negligence of the borrower. If the debtor is not liable, he can simply miss the loan payment date. After notification from the lender, such borrowers often immediately pay the loan, as well as fines for late repayment. At times, this may be reflected in the credit history, sometimes not. In fact, this delay is insignificant and does not prejudice the interests of the lender.
- Temporary circumstances. These are often: salary delays, untimely accrual of dividends, late payment of rent. In addition, there are frequent cases when payment occurs ahead of schedule, and funds are credited a day or two later. Such situations usually do not reach the court. And are resolved between the creditor and the debtor individually. Often, such situations are reflected in the loan agreement.
- Various other circumstances. This may 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 consensus with the creditor.
No reason does not allow the debtor to not pay on the loan. Each penny received from the lender must be returned in full and with interest. In rare cases, the lender decides to “sacrifice” interest or part thereof, 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 occurs, bank employees begin to ring in order to clarify what caused the debt, to find out when the borrower will pay and report a penalty.
- If payments do not come, the debtor may be offered a change in the terms of the loan - restructuring. Or postpone payments on time, requiring only interest on the balance to be paid.
- When this number also fails, collectors may appear (people who earn debt collection from troubled borrowers). They can come to work, home, call relatives ...
- Finally, if the collectors also fail, a case is compiled 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, the solvency rating of the debtor and other factors.
After 90 days, the case can be sent to court, in 99% of cases, the receiving side of the creditors. Undoubtedly, under the respectful circumstances of the borrower, the court may try to find a compromise. Then the lender will not be an infringed party, and it will be easier for the borrower to repay the loan. If a compromise is not found, a pledge (if any) or other property of the borrower is realized. If there are not enough funds to repay, the borrower's funds are blocked in the bank accounts, or a part of the proceeds is redirected to pay the loan. Of course, the amount of the loan, interest, fines and forfeits are supplemented by the services of the court, which the debtor pays.
When taking a loan, you need to consider not only the usual payments on the loan, it is necessary to provide for unforeseen situations. For example, if a debtor is fired from his job, how will the payments go, will he be able to pay? If not, what is he willing to sacrifice in favor of the lender. Will it be possible to implement something profitable on the side or offer the creditor in payment? Of course, there are unforeseen situations. And the most reasonable to him, probably, will be to lay out to the creditor or collector all the circumstances. And try to find a compromise in which payments will continue, albeit not in the usual manner.
If it is not possible to pay the loan, we advise you to contact the lender before the payment deadlines to find an option that suits both parties. If the deadlines have already passed, the conversation from the lender will be tougher, because one of the principles of lending is violated.
What to do if the loan is already past due and the 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 a restructuring or refinancing (issuing a new loan repaying the old one on lightened terms). Or to say when it will be possible to pay, after hearing in response to the amount of penalties caused by delay.
If the bank’s forfeits are excessive and the calls are useless, perhaps waiting for a trial is the best way out. By law, fines may amount to the amount of damage incurred. Quite often in court, the amount of the forfeit can be reduced to a negligible amount plus the usual loan interest.
It must 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, carefully reading. Perhaps the situation is described verbatim.