How to return insurance in case of early loan repayment? Return of insurance after early repayment of the bank loan.
When receiving a loan, borrowers are often faced with the requirement of the bank to conclude an insurance contract for something. Or even worse - they learn about additional costs only after the conclusion loan agreement... It is easy for an uninitiated person to get confused among the many types of credit insurance, as well as whether they are really so necessary and obligatory.
WHAT IT IS
The insurance premium to the loan agreement is the insurance fee credit risks, which the client makes under the insurance contract.
Today banks are trying to protect themselves as much as possible from loan defaults and urge borrowers to insure themselves and the collateral against many different types of risks. For this, loan programs are often offered with an insurance premium included in the loan amount.
Such programs, as a rule, are characterized by lower interest rates, which attracts potential borrowers.
If insurance is included in the loan amount, the premium is often paid in a lump sum for the entire loan term.
It is also possible that the loan contains insurance only for the first year. Then the borrower is obliged to independently renew the insurance contract annually.
Loan insurance videos
IS IT NECESSARY TO PAY IT?
There are different types of insurance depending on the type of loan. Let's take a closer look at which of them are required, and which you can refuse.
Mortgage:
- Property... Insurance of mortgaged property is compulsory in accordance with the Law on Mortgages and Art. 343 Civil Code RF. As a rule, it is bypassed within 0,4% from the debt on the loan.
- Title... Upon conclusion of such an agreement, the risk of loss of ownership of the acquired property is insured. Title insurance is optional, some banks do not even offer or upgrade it interest rate in its absence. Title insurance costs the borrower up to 0,3% from the sum insured.
- Personal... It is also not mandatory, however, the absence of a life insurance contract often affects the rate increase by 2-7 points. Personal insurance can go up to 1,5% from loan debt. Despite the high cost of this insurance, in the case of a mortgage, experts still recommend not to refuse it. Since the term of the mortgage loans reaches 30 years, probability of occurrence insured event is large enough.
Car loan:
- CASCO... Usually banks oblige borrowers to conclude a CASCO insurance contract annually. The conclusion of such insurance is quite justified, given the high accident rate. V recent times credit institutions began to offer special programs that do not provide for the mandatory conclusion of CASCO insurance. It is worth noting that in this case, loan rates can be significantly higher, usually by 5–8 points. Sometimes the bank allows not to renew the insurance, if the client did not have payment delays and the loan debt is less than half the cost of the car.
- Life and disability insurance. Life insurance is not compulsory, but its absence raises the interest rate by 1-2 points. As a rule, it costs 1–1,5% from the loan amount. For the borrower, the presence of a contract personal insurance- additional guarantee in case of death or loss of health. But the term of a car loan is not as long as with a mortgage, therefore, in each specific case, the borrower decides for himself how much he needs such insurance.
Consumer loan:
- Life and disability insurance... The inclusion of personal insurance in the loan amount for consumer lending is very common. Its necessity and impact on the terms of the loan are similar to that of a car loan.
- Job loss insurance. This is another kind voluntary insurance, which banks are now actively offering as part of lending. This type of insurance often does not make sense, since the insured event involves the loss of work only through the fault of the employer. That is, the dismissal of the borrower for on their own, as is often formalized in our country, regardless of the real reason, will not be considered a basis for compensation.
- Collateral insurance... If there is a collateral, it is obligatory to insure it, as well as with targeted loans.
Compulsory and voluntary types of insurance
IS IT POSSIBLE TO REFUSE
Theoretically, you can refuse voluntary types of insurance and choose the option credit program without insurance.
But in fact, this does not always work, since in some banks, in this case, the loan may not be approved. The reason for the refusal to the client is not announced, and financial institutions this is sometimes used.
Before or after receiving a loan?
From the point of view of spending personal time and money, it is easier to refuse insurance at the stage of choosing a credit program. If the final decision on the uselessness of insurance is made, then it is better to immediately warn the loan officer about this.
There are several options for terminating the insurance contract after obtaining a loan:
- Contacting a bank or insurance company with a claim. Some banks immediately return the amount of the premium at the request of the client, without changing the rest of the lending conditions. As a rule, a loan or insurance agreement provides for the terms of termination of insurance and changes that are made to the parameters of the loan. Sometimes a minimum period is indicated (usually 3 or 6 months), through which you can refuse this service and return the money for the issued policy.
- Termination in court... If the bank and the insurance company refuse to voluntarily terminate the insurance contract or ignore the client's statements, you can go to court with this issue. The court considers individually in each case to what extent the issuance of a loan depended on the availability of insurance, and whether the choice of a loan with insurance was voluntary. The service is not considered to be imposed if the borrower has chosen this option of the loan program in the application form. In this case, it is unlikely that the amount of the insurance premium will be collected. The claim must be accompanied by:
- loan agreement;
- insurance contract or policy;
- payment document confirming payment of insurance;
- correspondence with the bank on this issue.
- Contacting Rospotrebnadzor. If insurance was imposed, you can also write a statement to Rospotrebnadzor. If the loan agreement contains clauses that infringe on the rights of clients, the bank will be held administratively liable. In this case, the bank will be issued an order to eliminate the violations, and the insurance contract will be terminated. It is worth noting that Rospotrebnadzor can be contacted only if no more than a year has passed since the conclusion of the contract.
It should be borne in mind that often insurance companies return the insurance premium on a loan minus agency fees to the bank. Often, the amount of the agency commission is more than 50% from the entire award.
HOW TO RETURN MONEY IN EARLY REPAYMENT
Life insurance and job loss insurance contracts, as a rule, are concluded for the entire term of the loan. Therefore, the amount of the insurance premium under the loan agreement is paid in a lump sum when the loan is issued.
At early repayment loan, you can return the amount paid for the remaining period only if such an opportunity is provided for in the insurance contract. According to Art. 958 of the Civil Code of the Russian Federation, the insurance premium is not refundable in case of early refusal of the policyholder from the contract.
The option of complete termination of the contract is possible if the service was initially imposed. To do this, you need to file a claim with the bank and, in case of refusal, to the court.
Often credit insurance is regarded as a decrease in the bank's risks at the expense of the borrower. Therefore, choosing a loan program, many choose the most economical option. However, it is worth considering the need to conclude an insurance contract not only from the point of view of its economic benefits, but also the feasibility of a certain type of insurance.
At the time of early repayment of the loan, you have the right to partially return the insurance paid in advance. You will learn about the calculation of the amount of payment and the nuances of the return of insurance payments from the article.
How to repay a loan early
You have the right to pay off part or all of the debt. In any case, this will reduce your financial burden and reduce the amount of overpayments. If you repay the debt in full, the bank will terminate the loan agreement, relieving you of any obligations. In case of partial repayment, the creditor will recalculate the payment schedule, the amount of debt will decrease.
At early return loans you will need:
- Study the terms of the loan agreement regarding the return of borrowed funds. Often banks require notifying them of such an intention in advance.
- Visit a bank branch and draw up an application in duplicate, indicating the date of loan repayment and the amount. One copy should be given to an employee. On the second, yours, they must put a mark on the acceptance of the document.
- At the specified time, contact the bank and deposit the required amount to the credit account. In case of full repayment, check the balance of the debt with a specialist.
- In case of partial repayment, request a recalculated payment schedule. It must be drawn up as an additional agreement and signed by the lender.
- When returning the entire amount, ask the bank for a certificate of closing the credit account.
How to return insurance in case of early repayment
If in the process of obtaining a loan you bought insurance, then it is worth trying to return the funds deposited in advance. After full repayment of the loan, contact insurance company with documents:
- a photocopy of the loan agreement;
- passport;
- a certificate from the creditor about the full repayment of the debt;
- a statement issued in the name of the director of the company on the premature termination insurance policy and refund of part of the insurance premium.
Please note that the agency has the right not to return money if the borrower pays the loan ahead of time, when no other options are specified in the agreement. Therefore, if you receive a refusal, look for a competent lawyer. He may exploit some loopholes by referencing:
- on the wording of the loan agreement, which states that the insurance contract is concluded for the term of the loan;
- the fact that there are no risks of an insured event;
- on the imposition of insurance by the bank, etc.
If the actions of a lawyer do not give a result, you have the right to go to court. You can increase the chances of success by studying the terms of the insurance contract when receiving a loan. Make sure that the procedure for returning the award is described in detail in the rules.
How insurance is calculated for early loan repayment
Sum insured accrued according to two schemes:
- For the balance of the loan - the level of insurance decreases annually.
- For the full loan amount - the premium does not depend on the residual amount.
It is convenient to consider the calculation of insurance compensation using an example: you have issued a loan in the amount of 200 thousand rubles. for a period of 5 years. The annual insurance premium is 1%.
1. The first method of calculation.
When applying for a loan, they took 6880 rubles from you. as an insurance premium. By distributing this amount over the years in relation to the remainder credit debt, You'll get:
If you repaid the loan in 2 years, then the insurer must pay you compensation for the remaining period: 1440 + 1060 + 620 = 3120 rubles.
2. The second method of calculation.
- When applying for a loan, they took insurance from you in the amount of 200,000 * 1% * 5 years = 10,000 rubles.
- You paid off the debt in 2 years and 5 months.
- The amount of insurance to be returned will be 10,000/60 months * 31 months = 5167 rubles.
Before concluding a loan agreement, Banks offer to insure the property, life, health of the Borrower, depending on the type of loan product (consumer, car loan, mortgage, etc.). At the same time, the Bank guarantees the Borrower more loyal lending conditions. In case of early repayment of the loan, the problem of returning the insurance premium arises.
Insurance premium (insurance premium, insurance premium)- payment for insurance, which the policyholder is obliged to pay to the insurer in accordance with the insurance contract or the law.
The difficulty of returning the insurance premium in case of early repayment of the loan arises in 99%. This is due to the legal illiteracy of the policyholder and the sophistication of tricks on the part of insurance companies, which are doing their best to keep the insurance premium to be returned to the policyholder after the early repayment of obligations to the Bank.
Important! The Federal Antimonopoly Service considers insurance services prior to the issuance of a loan illegal due to violation of clauses 3 and 5 of part 1 of Article 10 of the Law "On Protection of Competition" as actions that infringe on the interests of other persons (see Decision of the Presidium of the Federal antimonopoly service dated September 5, 2012 No. 8-26 / 4 "On the qualification of actions of credit and insurance organizations under contracts collective insurance life and health of borrowers ").
Very often, the policyholder does not apply directly to the insurance company, but to the Bank, which insisted on insurance - admiralmarkets.com.ua/analytics/technical. This is only valid if the insurance is included in the package. banking services... In this case, it is necessary to study the loan agreement for the availability of repayment conditions Money in case of early repayment of the loan in the amount of the insurance fee, which is calculated in proportion to the remainder of the loan term. If there is no such item, and insurance is included in the package of services provided by the Bank, then it will not be possible to refuse only from insurance, it will be difficult to return the insurance premium. For example, very often banks include insurance in the package of services for opening and maintaining a current account, issuing credit cards, etc.
With regard to the return of the insurance premium from the insurance company, there are several important points to consider.
According to Art. 958 of the Civil Code of the Russian Federation "Early termination of an insurance contract":
1. The insurance contract is terminated before the expiration of the period for which it was concluded, if after its entry into force the possibility of the occurrence of an insured event has disappeared and the existence insurance risk terminated due to circumstances other than the insured event.
Such circumstances, in particular, include: loss of the insured property due to reasons other than the occurrence of an insured event; termination in due course entrepreneurial activity the person who has insured the business risk or risk civil liability associated with this activity.
2. The policyholder (beneficiary) has the right to cancel the insurance contract at any time, if by the time of the cancellation the possibility of the occurrence of the insured event has not disappeared due to the circumstances specified in paragraph 1 of this article.
3. In case of early termination of the insurance contract due to the circumstances specified in paragraph 1 of this article, the insurer is entitled to a part of the insurance premium in proportion to the time during which the insurance was valid.
In case of early refusal of the policyholder (beneficiary) from the insurance contract, the insurance premium paid to the insurer shall not be refunded, unless the contract provides otherwise.
According to paragraph 1 of clause 3 of this article, the policyholder is entitled to a part of the insurance premium if the insurance contract was terminated ahead of schedule under circumstances other than the insured event (for example, in case of early repayment of the loan, in which there is no need for an insurance contract).
Very often, insurance companies refer to the second paragraph of clause 3 of Art. 958 of the Civil Code of the Russian Federation on the situation when the policyholder early terminates the contract and does not return the insurance premium. However, it should be understood that this paragraph provides for the non-refund of the insurance premium in the event of unilateral termination of the contract on the initiative of the policyholder, when the policyholder writes a statement about the cancellation of insurance and early termination of the contract.
In order to avoid refusal to pay, it is necessary to writing apply to the insurance company with an application for the return of a part of the insurance premium. On the copy of the application, the official must put a mark of admission (name, position, date, signature, stamp). At the same time, in no case should it be indicated that the policyholder terminates the insurance contract ahead of schedule, because it will be regarded as a refusal of insurance, and in this case, clause 3, paragraph 2 of Art. 958 of the Civil Code of the Russian Federation. If the insurance company does not voluntarily satisfy the claim for return, you must file a claim with the court.
Important! After early repayment of the loan, the policyholder can contact the company that issued the insurance policy with the following documents to return part of the insurance premium:
- copy of the loan agreement;
- passport;
- certificate from the bank about the full repayment of the loan;
- a statement written in the name of the head of the insurance company for the return of part of the insurance premium. (After paying the insurance premium, you can terminate the contract)
When you go to court, you can refer to the fact that the insurance contract was concluded for the entire crediting period, and due to the early repayment of obligations, the need for insurance has disappeared; while in accordance with paragraph 1 of Art. 958 of the Civil Code of the Russian Federation, the insurance policy is terminated if the risks associated with the occurrence of an insured event disappear. You can also refer to Art. 16 of the Federal Law "On Protection of Consumer Rights", which interprets the conditions for recognizing an insurance contract as invalid, returning this amount, and collecting interest under Art. 395 of the Civil Code of the Russian Federation, penalties, fines, moral damage.
Judicial practice shows that in most cases the court is on the side of the policyholders. The court satisfies the claims for compensation of the insurance premium, referring to paragraph 1 of paragraph 3 of Art. 958 of the Civil Code of the Russian Federation, unless otherwise provided by a loan agreement or insurance agreement.
In addition, in its decision, the court refers to the law on the protection of consumer rights, according to which a citizen has the right to early refuse a service. In this case, the borrower, according to Art. 810 of the Civil Code of the Russian Federation, has the right to repay the loan early.
Output:study of judicial practice, information on the forums law firms, allows us to conclude that many policyholders are faced with the problem of returning the insurance premium when the loan is repaid ahead of schedule. This is primarily due to the fact that the policyholders do not know the provisions of the Civil Code of the Russian Federation, do not read the loan agreement and the insurance agreement, thereby enabling insurance companies to refuse to return the insurance payment.
Of course, for the most part, insurance premiums are very low, and policyholders are not always ready to run around in order to reimburse part of the insurance premium in case of early repayment of the loan. However, if you carefully read the terms of the insurance contract and correctly approach the issue, the return of the insurance premium is possible out of court.
Sources:
1) V.V. Tulinov, V.S. Gorin. "Insurance premium" - Moscow: Science, 2000.
2) Art. 958 of the Civil Code of the Russian Federation
3) Art. 810 of the Civil Code of the Russian Federation
4) Art. 395 of the Civil Code of the Russian Federation
5) Art. 16 Federal Law "On Protection of Consumer Rights"
6) http://www.asn-news.ru/news/46719
7) Pravoved.RU
Good afternoon, dear friends. In today's publication, I would like to talk in detail about how to How to return the loan insurance.
I consider this question very relevant, since despite the legislative prohibition and extensive judicial practice a number of banks continue to include insurance commissions in the terms of the loan agreement.
Often, payments are hidden and are included in the service package. Each consumer has the right to refuse an accompanying service.
Credit insurance: legal framework
Earlier, when signing a loan agreement with the "Insurance" option, it was difficult to return funds or refuse material security. It was believed that the transaction was concluded by the voluntary consent of the parties, and to cancel it, it was required to prove the imposition of conditions or misleading the consumer.
The Central Bank of Russia clarified the issue by adopting a resolution on June 1, 2016 clarifying the possibility of a borrower to apply for a cancellation of insurance services within 5 days after the conclusion of the contract. Usually, the bank transfers funds to the client rather quickly - within 10 days. The loan insurance can also be repaid within 3 years, the statute of limitations, after repayment of the debt against the bank.
What is the reason?
The position of the Bank of Russia is justified by Article 16 of the Law on the Protection of Consumer Rights, which states that the receipt of one service cannot be accompanied by the provision of another.
According to Article 48 of the Civil Code of the Russian Federation, an insurance contract is a separate transaction from the main loan contract. In this regard, the possibility of obtaining a loan should not be predetermined by payment of insurance services.
Are there exceptions?
The exception is mortgage insurance, for example, when obtaining a car loan secured by transport. In this case, you will need to purchase a comprehensive insurance policy.
Also requires collateral insurance upon conclusion mortgage agreement to minimize the risks of loss or damage to the property pledged.
In what cases is it possible to refuse insurance after receiving a loan?
Insurance services are voluntarily provided by credit cards, cash loans, commodity loans by risk:
- loss of work by the borrower, reduction
- disability, onset of incapacity, disability
- from financial risks
- loss or damage to mortgage property
- secured property insurance
If the service is optional, not accompanying the loan agreement, then it is allowed to refuse it. In other cases, the agreement is drawn up according to the will of the parties to the transaction and it is impossible to force the borrower to complete it, he signs the agreement at his discretion.
On the basis of Article 31 of the Law "On Mortgages", the following are subject to compulsory insurance:
- collateral (real estate - apartment or house)
- when transferring a car for collateral - a package of CASCO insurance services
Important: On the basis of Article 395 of the Civil Code of the Russian Federation, life and health insurance of the debtor is carried out on a voluntary basis. At the same time, it is unlawful to enter into the contract a clause on the obligation to formalize relations with the insurer.
How to opt out of loan insurance
If, nevertheless, you somehow made the insurance and now want to refuse it, then it is possible to terminate the contract and make a refund in the following cases:
- within 5 days after the conclusion of the agreement with the bank
- after full repayment of the loan within 3 years
- at any time of the loan agreement
Let's take a closer look at each of them.
1. How to return insurance immediately
The procedure immediately after applying for a loan is carried out in several steps:
- count no more than 5 days from the date of conclusion of the contract
- apply to a banking institution or insurance company with a request to terminate the contract
- provide account details for crediting the payments accrued under the insurance policy, often an account linked to a credit card or other account belonging to the borrower is used for this
The return procedure is not formally regulated and is established by internal rules banking institutions... How the refusal of insurance services is carried out can be found in the loan agreement or inquired from the bank's support service.
The application must be submitted through the branch of the credit company where the loan is received. If the regional office does not accept documents, then you need to send a certified letter with notification to the central office with the attachment:
- copies of the contract
- additional applications
- insurance policy, if it was issued
- receipts of payments made
Can everyone do it?
These norms do not apply to collective insurance contracts. Borrowers usually join them by purchasing a certain package of bank services.
The insured under such agreements is usually credit organisation and the consumer joins him.
It is not possible to return insurance payments in such a relationship during the "cooling off" period established by the Central Bank of the Russian Federation within 5 days.
2. How to return insurance after the loan is paid
I think that many people may have such a situation that in the first 5 days of after loan registration it was not possible to make a refund. Then it should be understood that the return procedure does not fall under the clarifications of the Central Bank of the Russian Federation.
Then you will need to go to court, but before doing this, you can submit an application to the bank with a requirement to terminate the insurance agreement and return the amounts paid under the contract.
As part of the loyalty program, some credit institutions now provide the opportunity to make a refund and terminate the contract after this period.
Such conditions are governed by agreements for the provision of a certain type of loans from banks. For example, up to 30 days the period is provided by Sberbank of Russia, as well as VTB-24 under contracts concluded before 02/01/2017. But is it possible to return the insurance after the loan is repaid in other banks? The issue is decided in each case individually.
Claims after payment of the debt are not accepted by banks for execution in almost 100% of cases. Therefore, you should apply to the court at the location of the defendant with a statement of claim.
During the check-in, the circumstances of the inclusion of the insurance commission in the contract will be considered, whether the borrower voluntarily agreed to compensation for material risks in the event of an insured event, or the payments were "hidden" - the consumer learned about them after writing off a certain amount for insurance services, etc. ...
Sending an application to the bank does not guarantee a decision in favor of the applicant on the return of funds for insurance services.
Important: Whether to send a claim and wait for a response, each borrower decides independently. The law does not establish a mandatory pre-trial procedure. As to whether it is spelled out in relation to certain relations, the issue is resolved when studying a specific loan agreement.
3. Return of insurance for a loan in case of early repayment
If you are one of those who were able to close the debt before the deadline, then you have a recalculation of payments for insurance services.
Often the commission is included in the amount monthly payments, and not paid separately. However, in practice, there are situations when payment for insurance, including under a collective agreement, is included in the package additional services to a credit card or consumer loan. Payment is made in one payment for connection during the entire term of the contract.
In each case, the situation is decided personally.
When repaying the loan ahead of schedule, the borrower must write an application to the bank for the return of insurance payments paid for the entire validity of the contract or for the future, in connection with its early termination.
When contacting the bank, the institution's own letterhead will most likely be provided, or the employee will offer to draw up an appeal in any form, providing the insurer's data. The application is sent by the financial institution to the insurance company to terminate the service.
Often, a recalculation is made taking into account the payment of the debt to the account earlier than the established deadline in the payment schedule, about which the bank notifies the borrower. On refusal financial institution the consumer has the right to collect unjust enrichment.
Important: Sometimes it is prescribed in loan agreements that it is impossible to return the insurance commission in case of an early agreement.
The credit institution has the right to redirect the appeal to the insurance company or solve the case on its own.
If you refuse, you should immediately file a claim with the court, since the limitation period for cases of this category is 3 years. After this period has expired, it will be difficult to return the money; it will be necessary to submit an application with the attachment of documents justifying a good reason for missing this period.
Satisfaction of this application occurs taking into account the factual circumstances of the case at the discretion of the court.
Should you go to a lawyer to protect your interests in a bank?
Most likely, the involvement of a specialist will be inappropriate when sending an application to the bank within 5 days.
If specified period missed and the matter is complicated by the signing of an insurance contract under the guise of providing additional services, then the need to involve a specialist in each case is determined individually.
Usually the courts take the consumer's position if all evidence of imposing an insurance policy on the borrower under the guise of another service is presented or in order to justify the need to conclude such an agreement in order to obtain a loan.
In cases where a citizen understood the meaning of his actions, the consequences of concluding a contract were explained to him and he independently paid for insurance services, the result of the consideration of the case and his winnings depend on the experience of the representative protecting the rights of the consumer.
Important: possible refund of insurance payments not established for all contracts consumer lending, the situation in each case is decided individually.
How to get your consumer loan insurance back
The options for interacting with the bank when obtaining a loan for the purchase of household goods or equipment are the same as when issuing credit card or getting a cash loan.
Three schemes are applicable in such cases:
- giving up insurance product in a simplified manner upon the expiration of 5 days after the execution of the contract;
- termination of the contract during the validity period of the insurance policy;
- repayment of funds after repayment of the debt under the loan agreement.
Information on refunds of commissions for insurance services is not included in credit history, even if the procedure was carried out in court.
It should be noted that insurance can be returned only if the borrower has not used it. If payments were made upon the occurrence of an insured event, the refund will be refused.
Is it possible to cancel the loan insurance if they do not provide a refund?
If an insured event occurs, but compensation due to its occurrence is not charged to the policyholder, the borrower may have made the following circumstances:
- the deadline for filing an application for the provision of insurance compensation, which is usually appointed within 1 month from the date of the unforeseen event;
- in the application there is no indication of the details of the insurance contract, its validity period, data of the insured person and the object of compensation in the event of risks;
- the documentation confirming the occurrence of the insured event was not provided - an act of medical examination, a protocol on the accident that occurred, etc.
Is it allowed to return the insurance commission in these cases? Most likely not, since material compensation was not received through the fault of the borrower - the insured.
Conclusion + related video
A careful study of the terms of the contract before signing it will allow avoiding problems with the return of the commission for insurance services.
If by virtue of financial condition it is possible to pay off the debt ahead of schedule, then you should pay attention to the point about the possibility of recalculating or returning the commission to the insurance company.
It is impossible to return payments or cancel the contract in favor of the insurer if there is collateral: vehicles or real estate in the mortgage. The return of money for insurance on a loan in these cases is not provided for by contracts and the law, unless the borrower was misled about the nature of the loan agreement and the consequences of its conclusion.
Actually, that's all for me. Thank you all for your attention and see you soon.
Quite often we repay the loan ahead of schedule. And the insurance remains with the bank or with the insurance company. How to return it correctly - in our article.
Why do you need life and health insurance?
In the conditions of the modern lending market, it is almost impossible to get a loan without insuring the loan itself, as well as the life and health of the borrower. After analyzing consumer reviews of credit products, we can conclude that insurance, in fact, is imposed by banks.
The bulk of bank borrowers do not know that the law prohibits lenders from demanding compulsory insurance life and health of the borrower. Credit expert(manager) of the bank, when signing a loan agreement with the borrower, is obliged to explain to the latter that the life and health insurance service is exclusively voluntary, and in no way affects a positive decision on granting a loan.
The usefulness of this type of insurance is highly controversial. This is the case when the borrower needs to carefully analyze all the risks and make an informed decision.
Paragraph one of Article 421 of the Civil Code Russian Federation reads: Citizens and legal entities are free to conclude a contract. Compulsion to conclude a contract is not allowed, except in cases where the obligation to conclude a contract is provided for by this Code, law or contract.
In the (credit) relationship of interest to us, between the borrower and the lender, the law establishes only one case of compulsory insurance. This is insurance of mortgaged property by the mortgagor (Art. 31 of the Law of the Russian Federation of July 16, 1998, No. 102-FZ "On mortgages (real estate mortgages")
If the insurance contract has already been signed, the insurance amounts are regularly paid along with the loan payments, or are debited at a time from the loan amount when receiving funds from the lender, a logical question arises. How to recalculate the amount of insurance premium or return already paid insurance premiums in case of early repayment of the loan.
Insurance return algorithm
Step 1. Contact the bank. Pre-trial settlement of the dispute.
It is necessary to apply with a statement (claim) for the recalculation of insurance payments or the return of a part of insurance premiums in connection with the early repayment of the loan. You need to contact the bank (or insurance company), depending on where the insurance was issued. The application must be in writing, in duplicate. Insist that the bank employee register your application and put a corresponding mark on your copy.
If the bank is geographically remote, send the application by mail, registered mail with notification and a list of investments. In the application, be sure to indicate the period during which you expect the bank to make a decision on this issue. Ask for a written response to your application. Without waiting for a response from the bank to your claim, order a statement on personal account... From this document it will be seen what amounts, for which insurance policies you paid. Bank refused? Do not despair!
Step 2. Contacting regulatory authorities.
In our case, the organization that controls the activities of the bank is the body of Rospotrebnadzor. The circulation scheme is similar to the appeal to the bank. The application to the controlling authorities must be accompanied by your application to the bank, the response of the bank (if any), a mail notification that your application has been delivered to the addressee, and a list of attachments to the letter to the bank.
Step 3. Going to court.
You can go to court without going through the bodies of Rospotrebnadzor, but the borrower must be prepared for the fact that the proceedings can last more than one month. Claims with the amount of the claim up to 50,000 rubles are considered by the magistrate's court. To go to court, you will need the following package of documents:
- Statement of claim
- Loan agreement
- Insurance contract
- Payment documents confirming early loan repayment
- Calculation of the amount of the claim
- Application to the bank
- Mail notification of delivery to the addressee of your application
- Inventory of attachment to the letter to the bank
- Bank response (if available)
Pay attention to the correctness of the calculation of the amount of the claim. The amount of insurance premiums reimbursed may turn out to be significantly less than the amount legal costs... Of course, you can statement of claim ask the court to recover legal costs from the bank (insurer), but you cannot be one hundred percent sure that this requirement will be satisfied.
Remember that the statute of limitations under Russian law is three years. This applies to the collection of all payments paid on illegal insurance, regardless of whether the loan is repaid or not.
Mortgages and car loans
As we mentioned above, insurance is compulsory in these cases. Moreover, when an insured event occurs, the beneficiary is the bank, not the borrower. If the loan is repaid in full, you have the right to declare to the bank (insurer) about the termination of the insurance contract, since after the full payment of the loan, the property becomes your property and is no longer pledged.
The insurer is obliged to return the balance to you by recalculating the insurance premium in accordance with the insurance terms. If you paid your premiums on a monthly basis, you can stop paying them. Termination of the contract is usually automatic. Before taking this step, carefully read the insurance contract. It may contain clauses providing for penalties and penalties for such actions.
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