Return of insurance after early paying a bank loan. Return of the Insurance Prize in the early repayment of the loan
The loan insurance minimizes the risks of both the bank and the borrower. But it is not always obligatory, and you can refuse the service after the conclusion of the contract.
Dear readers! The article tells about the typical ways to solve legal issues, but each case is individual. If you want to know how solve your problem - Contact a consultant:
Applications and calls are accepted around the clock and seven days a week..
It's fast i. IS FREE!
How in 2019 a loan insurance is returned, what nuances need to know? In almost any lending, the Bank proposes to issue insurance.
Customers, afraid of failure in lending, agree. But not all borrowers are aware of the possibility of refusing insurance. Is it possible to return insurance premiums in 2019 and how to do it right?
What you need to know
Refuse the insurance service is quite simple when applying. You just need to inform the bank employee about your unwillingness to make insurance.
But for the borrower such a solution may have negative consequences. The most common options for developing a situation:
Refusal of lending | The bank often refuses to approve the application for a loan due to lack of insurance Polisa.. By law, the imposition of insurance is prohibited. An exception is only for which the presence of insurance is required. But at the same time, the bank is not obliged to voice the reason for the refusal. In the absence of other weighty arguments for a positive solution, insurance becomes a decisive factor |
Significant interest rates | Some banks offer credit products with insurance and without. In the latter case, the loan rate may be higher by 5-10 points. Customers scare an increase in the cost of the loan and they draw up insurance. In practice, a loan with an increased rate may be cheaper insurance costs |
Tightening credit conditions | The bank may insist on making insurance not only by raising the rate, but also through a decrease credit Limita, increase / reduction of duration credit period, additional support requirement |
The bank is beneficial customer insurance. It minimizes the risks of non-return, and sometimes it brings an additional financial (when insuring the Bank himself).
Therefore, the client will "push" to conclude an insurance contract by all possible methods. At the same time, the law does not proceed after signing.
After receiving the loan, you can abandon insurance (if it is not mandatory) and return the tools spent. True, the return amount is determined by the moment of circulation and insurance conditions.
Definitions
Loan insurance can be voluntary and mandatory. Voluntary insurance options include such insurance risks, as:
- loss of the ability of the borrower;
- loss of work;
- assignment of disability;
- death of the borrower.
The general meaning of insurance is that if for some reason the client will not be able to return a loan, then it will do it insurance Company. So the bank is protected from irrevocative.
The borrower himself can be confident that in the event of insurance risk, the bank will not turn to court and the penalty will not be drawn to the property.
With voluntary insurance, the client can choose which risks to include in insurance. Mandatory insurance is required when making a mortgage and.
In this case, there is a pledge of property in favor of the bank. Since the bank must be sure that before the final payment of the loan, with a mortgage facility nothing will happen, he is entitled to demand insurance.
As insurance case Persay the risks of loss or damage to the collateral. Other types of insurance are drawn up at the request of the client.
Failure to insurance involves the termination of the insurance contract. But you need to know in what cases you can refuse insurance, and under what conditions.
For whom it is possible
Refusal of insurance is possible only with voluntary insurance. At the same time, several possibilities of refusal are possible:
Refusal of insurance within 5 days after signing the contract | According to the instructions of the Central Bank of the Russian Federation No. 3854, the insurance imposed by the bank can be in "cooling period". It should be returned complete insurance amountUnless the insured event has arrived. Unfortunately, a five-day period for refusal does not apply to programs collective insurance. In this case, the possibility of refusing is regulated by the internal rules of the bank |
During the entire period of lending | Refuse voluntary insurance You can at any time. But the possibility of returning funds will depend solely on the conditions prescribed in the contract |
Upon completion of the term of the loan agreement | This refers to the situation when the duration of insurance exceeds the period of loan payment. Similarly, the possibility of returning funds depends on the agreements reached and recorded when concluding the contract |
When the loan insurance is mandatory, then the failure to insurance is possible only after the completion of the loan payment.
According to this norm, the possibility of return depends exclusively from the insurer if the condition is not spelled out in the contract.
The borrower in early repayment often has to prove its right thing in court. At the same time, it is possible to refer to the fact that the credit and insurance contract are related, respectively, insurance should be terminated along with the payment of the loan, including early.
Since after the closure of the loan agreement, insurance risks disappear, the termination of the insurance contract regulates Article 958 (paragraph 2). `
However, the decision on the return and the return amount depends on the content of the contract.
Arising nuances
When planning a refund of the credit insurance, it is necessary to find out some points to begin:
- is an agreement with individual or collective;
- the return conditions established by the insurer;
- what is said about the return of insurance in the contract itself.
If the insurance contract is individually with an insurance company, then apply for a refusal is needed within two weeks after signing the contract.
When a collective insurance program takes place, the handling time is set to the bank.
The application must be submitted to the immediate insurer. If you do not comply with the terms of treatment, then part of the insurance amount may be kept for the period of action.
In addition, the terms of the contract can directly indicate that insurance premiums are not subject to return (when refused after the cooling period).
Sample of the application for the return of credit insurance
The application for refund of the loan insurance is compiled in free form (SC can have a ready form). The document contains:
- FULL NAME. applicant;
- details of the insurance company;
- number and date of the insurance contract;
- number and date of the loan agreement;
- request for termination of the insurance contract and return funds;
- indication of the normative basis of termination of the contract;
- account number or data bank card to return funds;
- date and signature with decoding.
You need to make a statement in two copies. Some of them should remain from the applicant with a marking of the reception.
Application should be made copies of contracts. Application form for a refund of the loan insurance can be.
Which time returns
Return funds when submitting an application during the cooling period should within ten days. If the insurer delays payment, then the complaint should be submitted to Rospotrebnadzor.
The amount of returned funds will depend on the date of commencement of the insurance contract, prescribed in the content. If the contract has not yet begun to act, then you must return the whole amount completely.
When the application is submitted a few days after the entry into force of the contract, the insurer has the right to keep some amount over these days.
Usually it is a minor part of the funds, it is impractical about it. But all of the foregoing refers to individual insurance contracts.
Many large banks Insure customers on the collective program and the return conditions can be very different.
Is it possible to return to this organization
When insurance is issued according to the collective program, the client signs not an insurance contract, but an accession agreement.
The terms of the contract may indicate that the insurance amount returns minus certain expenses is quite legal.
If the insurance of CASCO was drawn up, then it may be necessary to return. This time is also worth considering.
In addition, if the insurance premium is paid in parts and will not be paid at the appointed period, the insurance company has the right to independently terminate the contract.
Today it is almost impossible to issue a loan in a bank without buying an insurance policy.
However, according to obligatory Only property insurance is provided, which is transferred to the Bank as a collateral. Other types of insurance The Bank has the right to offer to arrange a borrower only voluntarily.
Therefore, in order not to violate the law, bankers try to stimulate the purchase of the policy more attractive credit rates or the inclusion of insurance costs in additional banking services. And in the end, borrowers face a big problem of returning insurance money when repaying the loan ahead of schedule.
Grounds for early termination of the contract
If the loan is repaid early, the borrower has the right to demand to return the insurance amount for the unused time of the contract. The basis for this is the norm of clause 3, the contents of which are presented below:
Based on paragraph 1 of Art. 958, which praised a loan used to be agreed in the term of the term, the insignificant becomes the insurance risk. And according to paragraph 3 of this article, the insurer in this case can only receive a part of the insurance amount, the rest must necessarily return the insured person.
P.7 "On the organization of insurance in Russian Federation"Also confirms the borrower's right to receive funds for the rest of the unused insurance days.
And finally, the letter of the Ministry of Finance of the Russian Federation from the insurer relies:
- Return the borrower to the balance of the unused part of the sum insured, reduced to the actual insurance period.
- Free the borrower from paying any taxes from this amount.
Will this fact affect the credit history
The norm "On credit stories" provides a certain template for the credit history of the borrower. It consists of several parts, one of which is informational.
In the information part of the story such information fits:
- information about all the requests of the borrower in banks;
- failures and approval of loans with the reasons;
- fixing the lack of payments more than two times in a row.
Title and the main sections of credit history contain:
- personal data of the borrower;
- credit data;
- amount of loans;
- percent;
- repayment timing, etc.
With an additional part of the story, only the borrower himself can familiarize themselves, for others, this section is closed. As you can see, information about the realization of the right of claim by the borrower of the repayment of the insurance amount in the credit history is not.
Therefore, it's not worth afraid to spoil it. Credit stories It is stored in the BKA and the borrower once a year have the right to familiarize themselves with the document, as well as check the correctness of its fill.
Causes of bank failure in paying
In the case of the presence of a bank loan or the health and health and life insurance bank, this contract is not directly with the client. Registration of the insurance policy occurs between insurance and credit institutions, i.e. between legal entities.
For bank insurance Loan, the return of insurance is very problematic.
After all, here the wording is completely different, it can be decorated in the form of a bank commission, orgranches, etc. and even submitting a lawsuit to court, the borrower is not entitled to refer to the insurance law. In some cases, not to lose customers, banks go for some concessions.
If the borrower writes in an arbitrary form a statement in the name of the manager with the requirement to return paid additional services due to the early termination of the contract period, the bank may loyal to this and pay some part of the money. But the decision to pay only only for the bank.
If you even give a lawsuit to court - you still will not be able to change the situation in your favor. The law is not prohibited by banks to establish commissions, prizes, reimbursement of organizational expenses.
Some banks still return part of a certain part of the money to their customers, which is negotiated by a separate point.
For example, Sberbank in the "Program of Collective Insurance Borrower-Individuals" provides complete early repayment of the loan. Based on paragraph 4.3 of the program, the borrower has the right to receive an insurance amount calculated depending on the balance of credit period (see below).
If a client in a 14-day term after the start of the contract, writes in the name of the bank a written refusal to this program, then the entire amount taken to the connection to this service is returned.
Who will help return money
And yet, how to return a loan insurance fee? If you have received a refusal, submitting an appropriate application to the creditor or to the insurance organization, referring to paragraph 3 of Article 958 of the Civil Code of the Russian Federation, then to get overpaid money for insurance will be very difficult.
However, contacting an experienced lawyer, you can use two possibilities in solving the problem:
- For the bank. The loan agreement has a norm, predetermining insurance for the entire period of the transaction. But if negotiated relationships are terminated, then, accordingly, the insurance contract must be terminated.
- For insurance company.The subject of insurance was the risk of non-payment of the loan. In the event of a return, the loan ahead of time automatically disappears and the insurance risk. This is the norm of the law according to paragraph 3 of Article.958 (paragraph I):
Therefore, the insurer is necessarily obliged to recalculate and return the remaining insurance amount.
What to do if this service enters the additional package
If the borrower issued a credit line, which includes a special insurance program, then the bank itself speaks the insurer.
And since the borrower did not conclude with the insurance company of any contract, then, accordingly, it cannot appeal to it in part of the early termination.
The Bank included the amount of insurance in the loan maintenance as a commission. Another trial of the bank is the so-called "batch services", which the lender sells when issuing a loan. This includes, except for insurance, and a number of additional services. This is a SMS-newsletter, and issuance debit cards and much more.
In this case, it is impossible to abandon only insurance from this service package. And when refusing the entire service package, the Bank will most likely refuse and issuing a loan.
For consumer banking services There is one way out of this situation - to appoint yourself to the beneficiary. This means that it is the borrower that the insurance premium will be paid.
Based on the norm 2, the borrower, issuing insurance, has the right to determine the beneficiary and should be done before the conclusion of the lending agreement.
Before signing documents, carefully read all the points of the document. Special attention is paid to the list of paid additional services, are you connected to the insurance program.
If you do not see the need to provide any of the services - refuse immediately.
To do this, in arbitrary form, apply to the Bank for the refusal of additional services, as well as on the return of the equivalent of the cash. Application application or by registered mail, or personally to the bank with an empty mark of its receipt.
If the bank adopted a negative decision on your application and refuses to return part of the amount, boldly contact the court and to Rospotrebnadzor.
For the participation in the court of a representative of Rospotrebnadzor, you can, in accordance with CO, to apply with the appropriate statement in court. A specialist of the regulatory authority will give its conclusion about the legality of the decision of the Bank, which will significantly affect the positive decision of the court in your favor.
Return of part of insurance
How to return life insurance on a loan if the contract provides for the case early repayment Loan? There are certain temporary frameworks, as well as the conditions for returning insurance money specified in the contract.
So, if the client applied to the insurance agency or to the bank (provided that the bank is an insurer) no later than 1 month from the date of the conclusion of the contract and the respondent's question is resolved, cash Listed on the specified bill account of the borrower. But from the amount of return will be deducted services for the design of the contract.
If a month passed and the client requested to return the money to him - the amount will be reduced in proportion to real time.
The decision of the defendant is usually accepted within 1 month. With a positive decision, the money is transferred to the client's account, and with a negative - the client has the right to apply to courts. The term of consideration of the claim is governed by the legislation of the Russian Federation.
The conclusion is: the refund of insurance for insurance is possible, if such is due to the contract. In other cases, the decision takes the insured and only from his loyalty depends on it. Appeal to the court does not always bring the result.
Hence the conclusion:
- carefully study the contract;
- meet the possible benefit with inevitable risks;
- only after that sign the contract.
Where to contact
When requesting overpanded money on insurance, borrowers must contact Rospotrebnadzor and the court.
Immediately after closing the credit line, you must collect copies of the following documents:
- lending contract;
- passports;
- certificates issued by the bank that you fully repaid the loan (sample below):
In addition to these documents, you should write an application to the Insurer Organization's name that the insurance contract will early and returned part of the insured amount (approximate application sample see below).
It is worth paying attention to the fact that, based on practice, borrowers are often allowed typical error. Even if the insurance was drawn up by the Insurance Agency, the borrower still qualifies with the requirement of returning money to the bank.
This step is justified only if the bank acted as a insurer. But in other cases, only in the insurance organization should be applied.
Application to the bank. Pre-trial settlement of the dispute
To solve the issue of returning the sum insured, the borrower must contact the Bank (if the bank acted as a policyholder) with a statement or claim, the sample of which is presented in the file below.
The application must be framed in two copies, on one of which should be a marker of a bank employee about adoption. If it is not possible to bring a statement personally, you can send it by a custom letter with a paid notice to receive the addressee.
Additionally, the inventory of nested documents should be made. In parallel with the submission of claim to the bank, it is necessary to apply on the provision of full information on the movement of funds in the personal account. In case of refusal - contact Rospotrebnadzor.
Appeal to regulatory instances
The activities of financial and credit institutions control Rospotrebnadzor. Therefore, a similar statement that you have applied to the bank should be sent to Rospotrebnadzor, the sample of which is presented below.
A copy of the claim to the bank with his response should be attached to the application.
Lawsuit in court
The borrower may contact the courts and without submitting an application to Rospotrebnadzor. To consider your case in court, you need to file a claim that is presented below in the file.
Download.
The required minimum of documents
Besides of the statement The bank must submit the following documents:
- credit and insurance contracts;
- certificate from the bank confirming the early repayment of the loan;
- settlement part as an addition to the suit;
- a copy of the application for the requirement of returning insurance costs to the bank with his response;
- copy of duplicate insurance contract (if any);
- copy of application to the insurance agency with his answer.
Summing up, the conclusion: if the contract has an item on the return of the insurance amount in the repayment of the loan before the deadline, then this document can be signed without a doubt.
If such an opportunity is excluded if the terms of the contract are excluded, then in this case you need to be prepared for turning to court and Rospotrebnadzor or to rely on the loyalty of the insurer, and even even refuse to refuse the overpaid money.
Video: How to return the loan insurance and how can banks rip us.
Using credit programsSupporting significant amounts, long periods of lending, as well as a deposit, requires compulsory insurance of the borrower and collateral. The beneficiary in this case is the bank, and the payments of insurance premiums fall on the shoulders of the borrower, which increases annuity payments on the loan.
The desire of a lender to return funds ahead of time is quite justified. Customers resort to partially early and early repayment of loans. The last a priori makes insurance meaningless, and returning insurance for a loan with a regular repayment of a natural issue.
A few years ago, the Bank could finish the client for early repayment. Today, such sanctions are unlawful, but the latter does not prohibit the Bank to establish restrictions in the early repayment of loans.
The most commonly applied the following:
- Dimension restrictions - early and partially early repayment permitted after 3 years from the date of the conclusion of the contract.
- Amount restrictions - the amount of the contribution may not exceed the two-dimensional size of the monthly payment.
- Less frequently in contracts are prohibited early.
Such a policy of banks has a purely economic background, since the early closure of credit programs, in fact, deprives credit and financial institutions in the form of interest.
At the same time, the client is important to understand the difference between early and partially early repayment.
Thus, partially early repayment reduces only the sum of the next payment by reducing interest payments. With annuity payments, early repayment reduces only the period of lending. At the same time, it is important to understand that even with the full closing of the loan on the sum of its official closure will be the date of the last payment under the contract.
What value do these moments have for insurance?
So, if contributions are carried out partially early, then it will be impossible to return insurance, since the obligations are preserved. If you make the balance of debt ahead of time in full, in this case actually financial obligations to the bank are executed, which means that the insured event can already be used. Thus, the return of insurance is possible with a full loan.
That the borrower is obliged to insure, and what - no?
Mandatory insurance issues in the framework of credit relations are regulated by law. So, according to 102-ФЗ, only the subject of collateral is subject to property.
In this case, it is allowed to use two types of insurance products:
- Insurance against an accident - the loss of property is fully or reduced by its liquidity, for example, as a result of a fire.
As for other types of insurance, they simply are insurance, ability to work, loss of work.
As part of the last moment it is advisable to consider the beneficiary's issues. In fact, the insured concludes such contracts voluntarily, and therefore, when the insured event occurs, it should be compensated for damage it is he.
There are often cases when banks do not accept such treaties due to the fact that the credit and financial institution is not indicated as a beneficiary. The latter can be considered as an explicit violation of the law.
When insuring the subject of the deposit, the client is obliged to identify the bank as a beneficiary when the insured event occurs, since throughout the action of the loan agreement, the property is under the jurisdiction of the bank. The borrower is his nominal owner, and in essence, the user.
Features of insurance of the subject of pledge and recalculation of insurance
The insurance of the subject of pledge occurs simultaneously with the conclusion of the loan agreement, and the insurance premiums are included in the amount of monthly payments. Accordingly, the question arises on how to calculate the total amount of insurance premiums. Another option is the situation where the amount of insurance is automatically written off the credit limit.
Is it completely? This question is advisable to ask not a bank, but an insurance company. So, in practice only a certain percentage of insurance is returned. Insurers explain this by the fact that during the period until early repayment, the company could incur risk, and therefore carried out protection.
If the situation is transferred to the court authorities, such an argument may consider insignificant. The full amount of insurance premiums must be returned if the insurance contract is terminated no later than a month after the conclusion.
Methods and algorithm for returning insurance premiums
So, the question of how to return insurance, if the loan has repaired ahead of schedule, is permitted by submitting an application directly to the bank or in the insurance company. The bank statement is filed only if the insurance was part of a comprehensive package of services.
In this case, return the insurance is more complicated, since the direct insurance contract is not listed, and the bank lists the insurer only a commission remuneration. In this case, returning insurance premiums can be returned if the application is filed no later than a month after the conclusion of the loan agreement. The latter should be closed during this period. Otherwise, the return is impossible.
Application to the insurance company about return
The norm regulating the return of insurance is the 958 article of civil law. It is for her that it must be referred to in a statement about the return of unused insurance premiums. As part of the question of how to return insurance, the law is clearly indicated by the grounds for termination of the contract.
It is noteworthy that the company may include in such an agreement the point that when terminated, it has the right to return only a part of insurance premiums, signing a contract, the client agrees with it, and it will be difficult to challenge it.
With any of the ways to return the algorithm, the following:
- Statements statement.
- Insurance policy.
- Passport.
- Help on loan repayment in full.
- Receipt or other document confirming the complete contribution of the insurance premium.
Refusal to the insurer in satisfaction of such a requirement will be difficult. The main reason can be only incomplete repayment of the loan, the remaining foundations are purely formal, for example, an incorrectly compiled statement, but this is quite possible to challenge.
Hosting consumer loans, Any bank institution in a voluntarily compulsory suggests the borrower to insure his life. This means that it will be impossible to get money in a bank without insurance of your life.
In fact, paragraph 1 of Art. 421. Civil Code The Russian Federation provides freedom when concluding any contracts. Only in one case, in accordance with Art. 31 of the Law of the Russian Federation of July 16, 1998 No. 102-FZ "On Mortgage (Property Pledge"), in credit relationship Between the borrower and the lender must be mandatory insurance of the mortgaged property. We are talking about the property insurance contract laid under the mortgage agreement, which must be concluded in favor of the pledgee. In all other cases, when obtaining loans to enter into such a contract is optional.
If you have already taken money in a bank in debt and plan to pay ahead with it, then you may arise about the return of the insurance premium in the early repayment of the loan. After all, sometimes this contribution reaches 30-40% of the total cost of the loan.
Is it possible to return the money in the early repayment of the loan
After paying bank loan Previously, you have the right to repay insurance premiums only if such conditions are provided for in the insurance contract itself.
When in a contract with a bank or with an insurance company (hereinafter - SC) there is a specific point on the impossibility of returning an unused amount insurance fee, then there is a credit agreement before the deadline, you lose the right to return your contribution.
Before writing a statement to the bank you need to take into account a few moments:
- is it reflected in your return in your loan agreement. If not, you will not be able to achieve yours even after contacting judicial authorities;
- there should be no overdue debt;
- return the full amount of insurance from June 1, 2016 can be within 5 days after the contract. The main thing is that by this time the insured event has come;
- must be ahead of charge all credit or part of it.
Return methods
Returning part of the premium with early repayment of the loan is possible with the help of pre-trial and court settlement.
Appeal to the Bank or the Insurance Organization
At the pre-trial settlement, you need to contact a written claim in a banking institution or SC, which requires to recalculate paid contributions or partially return them in the event of early repayment of credit obligations. The application is written in 2 copies.
Submitting a statement, you should insist that the Bank's employee register it, making an appropriate note on the second instance.
If the banking department is far away, the application can be sent by mail by registered letter with the notification and the description of the investment. In this document, you need to specify the period during which you expect a decision by the Bank, demanding you a written response to the specified address /
At the same time, order an extract from the personal account to see what amounts and for what kind of insurance you are paid.
Terms of consideration of the application
Each bank establishes its dates for return - you can learn them from its managers or on a hot telephone line.
In accordance with the legislation, it is necessary to consider the application for 30 days. This is usually done faster. If within a month the answer does not arrive, you can call the head of the bank or make another step of pre-trial appeal - to contact the regulatory instances.
Appeal to regulatory instances
Controls the work of banks Rospotrebnadzor. The application to this organization has the same form as the financial institution. It is necessary to attach a copy of the claim sent to the bank, the answer banking institution In the event of its presence, an inventory of attachments and a notification confirming the application of the application to the addressee.
If the answer of Rospotrebandzor, which should be given no later than 30 days after receiving the complaint, you did not suit you and you still can't get paid insurance premiums, then appeal the actions financial institution It is possible through the statement of claim to court.
Appeal to the Court
You can go to court in several cases:
- if you are forced to conclude an insurance contract, threatening with refusal to conclude credit;
- after appealing in the Rospotrebnadzor of the Bank's actions in case of refusal to meet the requirements;
- immediately after the bank failure or the SC pay the due amount or respond to the submitted statement. This can be done, bypassing the organs of Rospotrebnadzor.
Submitting a claim, you need to be prepared for the fact that the trial may be delayed for a month or more.
Squares with the amount of up to 50 thousand rubles considers the world court, in other cases, the court of general jurisdiction at the location of the banking organization.
Together with the statement of claim, which should be drawn up by general rules Civil procedural production, to court file:
- a copy of the loan agreement;
- a copy of the insurance contract;
- receipts confirming the fact of loan payment;
- calculation of the amount of the claim;
- a copy of the statement filed to the Bank or SC, confirming the investment of documents and its receipt;
- bank answer or SC - if available;
- copies of complaints to Rospotrebnadzor and his answer - if they are.
Before applying for a statement, it is necessary to correctly calculate the amount of the claim, since it may be less than the magnitude of legal costs. Should in this case go to court if your requirement to recover legal costs From the defendant (bank or SC), the court will not satisfy?
Total time of limitation In accordance with civil law is 3 years. This also applies to payments paid on insurance premiums.
Rules for compiling applications
Application to the Bank or SK on the payment of the amount due should have several parts.
In the upper right part of the application ("Cap") indicate the details of the bank or the SC, then the address and contact details of the applicant.
The information part contains all the data on a loan agreement and insurance contract: the number, date of conclusion, the validity period, the conditions calculated by the amount paid under the contract, the requirements of the return of funds and their rationale.
In the final part of the application, the list of documents will be subject to the claimant's requirements and confirm the facts presented to them.
The application signs the interested person, the date of its filing is set.
If you are how individual Want to defend paid insurance premiums after the repayment of the loan taken in the bank, then to quickly and properly consider your requirements, you should seek help to qualified lawyers of our company. They will give you a competent consultation and will help to make a statement, after which you will have real chances to return overpaid money.
Greetings! Alas, but this week began with the opposition to the transformations of fate. In the evening, on Monday, stuck before the outdoor door of my own apartment - in the castle something and something was bored, and I could not open it on your own. Fortunately, did not put the business card from the opening of the door from the purse. Communicated to the master did not interfere with me to fulfill my duties, so we talked, tamo, among other things, the subject of lending.
The master recently accounted for loan obligations. But nobody informed him that the cost of insurance on a loan is possible to recoup, issued its return.
Loan money, almost all banks politely and extremely persistently offer to the client to insure life. Out from additional services Almost unreal, since because of this, the chance to lend money in this bank is zero. Not in favor of the borrower has also developed conditions for early loan. But the client still can count on a partial refund of funds paid for insurance.
To see from the payment of the insurance premium to customers, who decided to pay off the loan ahead of time, banks and loan societies are guided by Art. 958 of the Civil Code of the Russian Federation, paragraph 3. Following her, the Bank is in the right not to pay on the insurance premium with the persons who paid the loan earlier than was planned if there was no special paragraph into the contract.
In fact, it looks like a refusal to pay accruals with the insurance premium for the period from the date of repayment and before the final payment.
Thus, most of the lenders, calculated with the borrower of the previously agreed period, the return of funds are not produced.
What to do?
Contact an insurance company for applying for a desire to end your participation in the insurance program. Do not forget to grab documents confirming the repayment of the loan.
Often, banks advertise that they do not force those who want to receive a loan for insurance of their own life and resort to such an extent with customers who intend to take a mortgage or purchase cars.
The law states that the client is entitled to terminate the insurance contract even after receiving visible money.
Having received a loan, one of the days of the next month, visit the creditor bank and submit a refusal statement. There are no specific rules for this, so the content of the text is at its discretion.
Asked later, the insurance premium can also be obtained, but its size will be less due to the deduction of different amounts for banking services.
The final amount of returned tools is calculated taking into account the amount of time remaining until the end of the insurance contract.
Really return funds on credit insurance?
Holding to get a loan, the borrower coincides with the registration of insurance.
The subject of such a contract is life and health, mortgaged property. When making a mortgage, sign the title insurance contract. The Bank initiates this procedure, striving to protect itself from damages in case of problems with the return of the loan.
Insurance is used as a tool impact on the borrower in order to stimulate it on the return of money borrowed to the bank. It turns out that insurance is needed only until the bank has received a borrowed amount and interest for the service from the borrower.
But the client who returned the debt ahead of schedule, faces the failure of the insurance organization to terminate insurance and return part of the award.
As the reason for refunds in the return of funds, the Company indicates the lack of communication between the Credit Treaty and the Insurance Treaty. Therefore, repayment of the loan, according to insurance, does not affect the mechanism of returning insurance.
If you formally interpret the specified article, then everything is legally. According to the terms of ch. 23 GK RF Insurance does not consider the way to provide obligations.
As influencing tools, apply: Invitation of the guarantor, the introduction of the terms of payment of penalty, pledge, bank guarantee, deposit, deduction.
Therefore, items mentioned in ch. The 23 Civil Code of the Russian Federation as the obligations annulled by repayment of the loan do not have influence on the insurance contract.
Naturally, the client can adopt general rule Art. 958 of the Civil Code, but the consequence of this will be the loss of the amount from the unkought part of the award (provided that this item was separately specified in the contract)
But all of the above, I think, cannot prevent the borrower, to return part of the insurance premium when contacting the court to terminate the Credit Insurance Treaty.
The probability of winning the court is high due to the possibility of recognizing forced contracts for insurance of accession agreements.
In turn, the contract of accession is considered to be a contract, the conditions of which are made by one of the parties only on the basis of accession to the proposed contract
In the Civil Code of the Russian Federation there is article 428. From the second paragraph described in its second paragraph, it follows that the contract is possible to terminate according to the application of one of the parties if it is:
- signed the legal act due to the conditions that are not contrary to the law, but depriving it with the opportunity to do differently;
- only brings responsibility for violation of obligations, and the opponent who forced to sign the contract bears either limited liability, or fleeing it at all;
- i went to the voiced obviously burdensive conditions, guided by your interest, but would not agree on them if it could participate in the definition of the framework of the terms of the contract.
Contact the court with a claim, relying on Article 428 p. 2 of the Civil Code of the Russian Federation, the client is preferable because it receives the right to claim the remnants of the premium for the unused period.
Typically, the next format for registration of the insurance contract with the borrower is practiced: the client signs the standard form, where the rules for the provision of insurance services are listed, and at the same time not able to influence the terms of the contract. When expressing some protests of the client put before the fact: or the borrower accepts the conditions and puts the signature in the contract or it loses the opportunity to receive a loan.
At the beginning of last year, corrections in the Civil Code of the Russian Federation were designed, in particular to the provisions of Art. 428.
Due to this, it has undergone amendment clause 3 and the conditions of paragraph 2 of Art. The 428 Civil Code of the Russian Federation became possible to apply when considering contracts that cannot be classified as an accession contract. This amendment allows you to consider the prescriptions of paragraph 2 of Art. 428 of the Civil Code of the Russian Federation to the terms of contract insurance contracts, health care, insurance contracts indicated as a laid property. It turns out that now, when you pay the bank of the entire half-weselined loan amount, the borrower has the right to make adjustments to insurance or even terminate it with the condition of the obligatory payment of the company's unused part of the premium.
How to get insurance if you closed a loan ahead of schedule?
Who at least once occupied money in the bank, knows that insurance gets a bank or insurance. If you do not like a similar outcome, getting together the algorithm to object to the borrower.
All banks issue funds to borrowers, subject to insurance not only borrowed funds, but also lives, the health of the client. It turns out that the insurance users of loans are not voluntarily resorted, and forced. And no one informs them that legislation prohibits creditors to be categorical in this matter. In other words, the bank has no right to refuse a loan only on the basis of the client's unwillingness to make insurance and health insurance. At the same time, the bank manager is obliged to inform customers paying for a loan that all parallel to the proposed types of insurance are drawn up at the request of potential borrowers. But in no way under pressure from the side of the money, and the refusal of insurance should not influence the verdict on the decision to issue or not to issue a loan.
D.for familiarization: in paragraph 1 of Art. The 421 Civil Code of the Russian Federation is spelled out that persons (both physical and legal) should not be subject to pressure when signing contracts. By law (Art. 31 of the Law of the Russian Federation of July 16, 1998 No. 102-FZ) mandatory insurance The property is subject to a mortgager when making a mortgage.
The need for such insurance is controversial. In such conditions, the borrower is sometimes more profitable to refuse a loan than to decide on a loan with the batteries.
How to recalculate the size of insurance entries or get back contributions for insurance, if you carefully calculate on the loan, and the transaction of insurance payments was carried out monthly or the funds were paid at a time of the loan?
Step-by-step instruction
The right to return the insurance for the closed advance loan, clients whose contract with insurers was still valid at the time of closing the loan.
If in a contract with the organization or company that has tried money by the organization or company insuring this transaction, it is written that the client will not receive an unused part of the insurance when calculating the loan to the number specified in the contract, then it is not worth counting on the return of insurance payments. Since organizations honestly warned about the consequences of early fulfillment of loan obligations.
- We put the institution knowing and try to resolve the dispute without trial.
We go to the institution where the insurance contract wrote.
We write a claim (perhaps in "Your" case, the document will be referred to as a statement) with the requirement of recalculation and return the resulting part of the insurance premiums, since you have closed the loan before planned. We make a copy of the document, after turning to the operator and demand registration with a mandatory note on a letter that leave yourself
When finding a facility in another city, a claim or application, send by registered mail by mail.
Nuances of registration of such a document:
- the letter must be with a mandatory receipt notice;
- be sure to make an inventory invested papers;
- in the letter, write the requirement in writing to notify the decision of the Bank or insurance;
- specify the date to what date you expect to receive an answer.
While waiting for the answer, get an extract on facial account. It will indicate all the receipts of money from you to the bank or insurance.
2. We bring a controlling instance.
By visiting Rospotrebnadzor, we act according to the following algorithm:
- we write a statement, indicating the transfer of the bank or insurance claims to the Bank or insurance claims;
- i attach an answer to the letter (if you have already received);
- we make an inventory of documents transferred or sent to the bank;
- apply Postal notice confirming that the bank received a letter.
3. Reward in court
This item can begin, eliminating the appeal to Rospotrebnadzor.
Deciding on this step, consider that:
- litigation can last several months;
- claims for an amount less than 50 thousand rubles. The world court is engaged;
- rates for trial services can be large amounts of returned insurance (you can insist on payment of the court services by your defendant, but who will pay on this account, will solve the court).
Before turning to court, make sure that the package has prepared, including:
- Statement of claim;
- Lending agreement;
- Insurance contract;
- Receipts and other official papers confirming the fulfillment of your credit obligations;
- Calculation of complaints;
- Application to the bank;
- Document notification about the presentation of the bank of the letter from you;
- List of documents sent to the respondent (inventory);
- When answering from the institution, attach a copy of the letter and the original.
Do not forget about the limitation period. For the recovery of payments translated due to illegally decorated insurance, the legislation of the Russian Federation holds 3 years. The status of the loan (repaid or not) is not taken into account.
Consultation on insurance during lending period in video:
Car loan and mortgage
Making a car loan, mortgage, without insurance, and even in favor of the bank, can not do. But extinguishing a loan, the client is entitled to terminate insurance, because it becomes the only owner of the collateral.
The balance of funds The Insurer is obliged to pay, conducting recalculation of remuneration on its own.
In theory, the termination of insurance should have an automatic character. But if there is no word in a contract, and payments you did monthly, then stopping the accruals, you can be accused of delay and get penalties and penalties.
Consumer loan and insurance
Under the Law of the Russian Federation, banks should not force borrowers to agree on the execution of the insurance policy. But are you all who wishes to take a loan know about it? What and enjoy financial and credit companies.
Often customers superficially view the terms of the loan contracts and sign documents, thinking that everything written is necessary for execution. But even when signing insurance, you can "pass back" by issuing a refusal statement at the bank or insurance company.
Failure to satisfy the claim, the reason to contact Rospotrebnadzor to file a claim. By choosing such a strategy you need to be ready to pay for legal costs - therefore, first make sure that the rapid litigation will not be at a loss.
Is it always an evil insurance? No, because unforeseen incident cases occur periodically with borrowers and the presence of an insurance contract makes it possible to get a good help.
Borrowers have the right to reissue insurance conditions after graduating loan payments - just need to change the beneficiary data that you can make the payer or someone from his loved ones.
Before initiating the process with claims to officials, once again thoroughly examine the conditions of their loan agreement. If the paper states that the return of insurance or its parts in case of early payment of the loan is impossible, it is meaningless of the litigation. The court will take the side of your defendant.
Obtaining insurance in the early closure of the car loan, mortgages
The loan for the purchase of a car or mortgage design can only be obtained by passing the real estate insurance procedure. This is a way to protect bank interests, because the property purchased on the money issued is drawn up as a deposit.
When the term of insurance is not over, and the loan is paid ahead of time, borrowers can count on the refund of the balance of funds. They must be paid after submitting the appropriate application to insurers.
If under the terms of the contract the borrower conducted regular contributions, I walked to the creditor better not to independently terminate the calculation with the insurer, but to put the latter about the fact of fulfilling all obligations on the loan. This is necessary to eliminate the emergence of fines for the delay in payment and new expenses.
Return insurance for a loan from Sberbank
Borrowers, applying for an insurance premium, within 30 days from the date of signing a loan agreement, the amount of insurance for insurance is returned completely.
If the claim with a refund claim is carried out later than a month from the date of registration, the credit is paid as part of the insurance.
With a statement to the reassembly of insurance, please contact Sberbank. When submitting the requirement you need to present a passport.
The adopted and registered statement is under consideration for about a month. When satisfying the claim, relying funds are transferred to a client map or a personal account.
If you refuse to issue funds from insurance, you can try to compete for your money by contacting the court. Return of credit insurance in other federation banks is similar.
Return of insurance in Home Credit Bank
Loan balance is required. Without the consent of this operation, it is impossible to receive a decent amount from the financial institution.
Once, taking a bank loan, be prepared for periodic educational operations from bank operators that will actively offer you new insurance products.
Depending on the type of contract, insurance will concern the health, life, property of the borrower. Some insurance facilities can offer insurance against unexpected workplace loss.
When repaying credit obligations to the day appointed by the Bank, borrowers want to return insurance. However, good luck ends not every claim to the bank over the return of insurance. After all, insurance overseas overseas overseas, and a third-party company who does not want to lose its way of earnings.
The need for insurance
Banks most often have money on consumer needs, To design a mortgage or car loan. In each case, the insurance program will have their differences.
Insurance when making mortgage health, life, the presence of a workplace is not necessary.
For example, the investors of the mortgage do not avoid insurance:
- property pledge in the form of real estate (spending their own money);
- CASCO (find out whether the bank offers to insure cars on the full cost of acquisition or it is possible to arrange insurance on the size of the missing amount);
Choosing an insurance company Ensure that it will not impose additional insurance products. Otherwise, when making a contract, you will receive additional articles of substantive expenditure.
After making insurance together with the receipt of a loan, which you subsequently paid ahead of schedule, I want to know how to get the percentage or amount of insurance contributions back?
If the loan liabilities have fulfilled for the period smaller than a year, and the agreement was signed by a greater year for the period, it makes sense to contact the Bank to deduct part of insurance payments. In the home bank, the factor of the length of payments on the loan for consumer needs does not matter. When receiving an application from the client who wants to receive money on insurance back, managers will recommend contacting insurance.
Remember: The said company does not recalculate payment of insurance for customers, carefully calculated on loans.
In such a situation, it is very difficult to achieve a refund. A favorable outcome is possible only when the lawsuit win.
The nuances of the exposure of safety payments depend on the policy of the Bank who issued the loan. In Sberbank, for example, a factor affecting the decision to pay insurance is the duration of credit calculations.
Is it possible to return insurance before calculating the loan?
It is difficult to get insurance after the closure of the loan. And what to do customers who did not want to make insurance, but forced to agree to her because of the pressure provided by the bank?
It is no secret that many borrowers agree to insure because of the concern not to get the permission of the bank for issuance credit funds. After all, not all coming for monetary help On the terms of the loan, they know that the refusal of insurance is not a reason to refuse loan. People even discuss with managers a question of refusing insurance, fearing to get into the list of unreliable customers.
Bank employees can really affect the decision to issue a loan to contact customers. If the submitter application will seem suspicious to the manager, hear a negative statement against the bank, then in the issuance of a loan may be denied.
It is better to notify in such circumstances about the reluctance to pay safety contributions after receiving the body of the loan. Having taken money from the bank, after a few days, refer to the statement about the failure of insurance. Then you can count on the return of all insurance. If the claims will give a longer longer than a month, then payments will not see. Just make out everything officially. The decision simply does not pay insurance premiums will result in a significant amount of debt. The prosperous outcome of the "petition" about insurance sent no later than 30 days from the date of the loan is possible for Sberbank Customers, Home Credit Bank, Promsvyazbank.
Turning to the bank after a period of a larger month, you can return only a part of the insurance. If the quarter from the day the quarter passed the quarter, it is possible to calculate at least part of the payment from insurance premiums only ahead of charge .
The rhythm enemy payments for insurance are VTB 24 and Alfa-Bank, which are not hurrying to pay for borrowers' claims even after turning the latter to court.
On the transformations of the return of insurance after early repayment of the loan in the video:
If when making a loan, the body of insurance was paid at a time paid by the loan ahead of schedule, you can try less than the "bloody" method of returning at least part of the payments - claiming the amount for the period remaining until the end of the end of the insurance policy. It is required to visit the insurance company and provide a statement about the desire to obtain the remaining part of the insurance premium. In addition to writing decorated claim for payment, it will be necessary to have a passport, both treaties (credit and insurance). Be sure to make a copy of the claim with a note of registration.
By issuing a claim, specify:
- data of your passport;
- contract Accounts;
- account details for sending an insurance amount (some companies require specifying the detailed numbers in a separate document).
In the application of the claim, there is nothing complicated - with the procedure easily cope with yourself. But if you are a busy person, you can repay the maintenance of a trustee.
If there is a refusal to return to pay for the period from the date of repayment of the loan until the end of the insurance contract, contact the court. But note that court cases carry costs - whether it is worth dealing with the payment of insurance, if the amount of remuneration will exceed the cost of payment for the court's services.
To resolve the issue, the Bank allocated a month. Without receiving the result, you can contact the court after this period.
With absence additional contract With the insurance company, look for information on the terms of insurance payments in the loan agreement. In this case, the claims on the return of insurance are present in the office of the bank.
Algorithm of action for payers of the monthly insurance premium.
Equal payments for insurance during the entire term of the loan are characteristic mortgage lendingShopping on credit secured and Casco.
Without finding information about penalties in the contract, it is possible to break the contract for the termination of insurance payments. But for calm it is better to officially break the contract with insurance.
Is it worth returning?
The service insurance service is very often offered by banks not only when issuing loans, but also with less serious appeals - when issuing new credit card, change the calculation card.
Without deciding or fails to abandon life insurance when they took a loan, you can use it for yourself when you decide to accompanize the borrowed commitments ahead of schedule. This can be done by changing the beneficiary, indicating the full calculation on the loan as a basis.
Early accused of a loan - get insurance!
Suppose this situation. The borrower was forced to take insurance for credit funds. And the amount of payments on it was completely repayed to credit money. Then life circumstances have developed in such a way that the client has found the opportunity to repay the loan ahead of schedule.
What to do with the insurance contract, in which the need disappeared, and the term of the contract is not over:
Step 1. Do not break the contract immediately! Insurers will meet and rupture a contract when receiving appropriate notice on your part. But no one will return money to return if the contract is not written in the contract that the insurer is obliged to pay the rest with the client who closed the loan ahead of schedule. If there is such an item, you must return the balance of funds that have appeared thanks to the premature end of the credit period.
Step 2. Do not start the process on the return of insurance funds, without having examined each item of the insurance contract and the rules of the organization, which made this contract.
What should be in the contract:
- Listing the grounds for termination of insurance.
- Conditions for the return of the part of the funds to the Client, if he decides the early termination of the contract with insurance contracts.
If there is an item on the mechanism of returning funds for insurance remaining due to early deliverance from credit obligations, the company returns money by recalculation.
It pleases the fact that the state duty for such cases is not charged, and the consideration of consumer protection is conducted in the court of the area where the plaintiff lives.
Some insurers can delay payments. How to do in that case? Unfortunately, I own a small amount useful information According to lawsuits to insurance companies conducting frauds with insurance payments to customers, ahead of charge. But it is impossible to ignore even theoretical calculations if they help achieve victory in court against the insurance company.
Thus, deciding to protect your interests, you will not incur additional costs even losing the case. However, it is not necessary to think that the chances of winning the process is small. On the contrary, large enough.
The insurance contract is dissolved ahead of time, relying on the prescriptions of paragraph 1 of Art. 958 of the Civil Code of the Russian Federation: the contract that entered into force is permissible to terminate if the probability of an insured event occurs according to the circumstances not described as an insured event. Early repayment of the loan is in this circumstance.
According to the legislation (more precisely, paragraph 3. 958 of the Civil Code of the Russian Federation), the borrower has the right to obtain a part of the insurance in proportion to the period during which the insurance contract has acted. In other words, the company part of the payment funds leaves itself, and part returns the insurance payer. In favor of the payer, the 7th item Art is interpreted. 10, containing information about the characteristics of life insurance with the condition of the harvesting of the insured borrower to a specific age or in advance of the specified date. According to the foregoing, on the day of termination of the contract, the insured returns the amount in the amount of insurance reserve on the day of the contract breaking. Therefore, any borrower has the right to count on paying funds that cannot be the accrued insurance company due to the termination of the contract with it.
What is said about this in a letter under No. 03-04-05 / 4-420 from the Ministry of Finance of the Russian Federation, published in 08.05.2013 following the letter prescribed in this letter, credit organizations are obliged to return to the insured persons some percentage of unspent amounts of insurance, pre-deducting the amount consistent with the term of insurance
What makes no less that is the lack of tax fees For an attempt to prove its rightness in confrontation with an unscrupulous insurance company.
However, everything prescribed in legal regulations will not be able to use the borrower in favor of the borrower if the rules indicating the payment of payments during the loan repayment of the loan in the insured contract. If there are such items in the contract, then after signing the borrower, such a document is considered (and so there is) that by scholarship you agree to the existing conditions. Therefore, carefully read all the papers to be signed! I did not bother to get acquainted in detail with each point of the contract before its assurance, correct the oversight after when deciding to pick up the insurance company from the insurance company. If the contract has items that allow the firm to pay you insurance deductions in the early closure of the loan, it will definitely use it. To enter into a duel with insurance under such conditions is unprofitable. You will waste a lot of time and be able to defeat if you find a very quiet lawyer who will be able to find a breech in the contract. But in some power, even the most prudial lawyers are unable to sue the desired percentage of the amount of insurance.
On the return of illegally imposed insurance on the loan, the representative of the Company's Rights Company is solved:
What items mention in the statement of claim:
- Be sure to point out as a justification of Art. 958 of the Civil Code of the Russian Federation, which indicates the possibility of rupture of the insurance contract in the absence of the possibility of an insured event. What an important fact is that the contract break occurs in the circumstance not specified in the contract as an insured event.
- 32 tbsp. The Law of the Russian Federation standing on guarding consumer rights and resolving consumers to abandon the services that have become unnecessary to it (provided that you have reimbursed the Contractor all the expenses that have been necessary for the fulfillment of the obligations made).
As an additional argument, do not forget to attach the following format document:
- In the body of the document, we register that all the obligations taken by you on the loan agreement with such a registration number have already been implemented by you on this date.
- The fulfillment of obligations serves as a basis to terminate the insurance contract, since there is no possibility of an insured event. It does not testify about his not an offset that the insurance company did not have the need to fulfill their obligations to the Bank, in which the borrower (such) took a loan, so its obligations shall fully fulfill its obligations.
- Given the fact of repayment of the loan to a date defined in the loan agreement, today we have that the insured amount is zero. Based on this, I ask to oblige the defendant to return the amount in this amount.
Before submitting a claim, first notify about the desire to obtain a part of the insurance itself by the insurance company itself, indicating the early repayment of the loan, which she insured.
Deciding that the insurance company should have a certain amount to you, find out the amount of debt. If it will take some expenses to restore justice, make sure that they will be smaller than the desired part of the loan insurance. Otherwise, is it worth starting a litigation if it will not bring you the benefit even in case of winning the case?
No less attention is also the form of the contract signed with the insurance company. If in the document black in white it is written that the termination of the loan is not the basis for the payments of the remainder of the insurance, it means that you have no tool to influence insurers. If only do not prove that insurance contract has been signed by coercion by the official company. But the last argument will be useful only in the case when they made a loan, the issuance of which is possible without signing insurance. For the brave mortgage, car loan, this loophole will not work.
Good luck to you in the struggle for justice and do not make hasty steps when working with applied documents.
Meet each point of the contract, ask the council from specialists who trust.
It is better to postpone the signing of the contract and consult on the embarrassing question than recklessly climb into the financial loop.