It's no secret that most people around the world today live in debt. But only one part of borrowers timely returns loans, and the other does not even think about it. The first answer that comes to mind on the question of how not to pay a loan to Privatbank (or another institution) is to try and peacefully negotiate with the credit inspector. The second is to run from the collectors for the next three years. But the law provides for legal ways how not to pay a loan. This will be discussed in this article.
How not to pay a loan to a bank
The Central Bank makes a number of claims to financial institutions that issue loans. However paradoxical it might sound, the banks themselves often break them. That is, if you work hard, then the very fact of issuing a loan can be challenged in a judicial procedure. In case of a positive decision, the borrower will have to return the body of the loan to the bank. Interest can be demanded to be paid immediately or asked to deduct from the amount of debt. The body can be paid annuity payments of 20% of wages for several years. So how not to pay a loan to "Tinkoff", for example?
According to the Law on Consumer Rights Protection, the bank must provide the following information when issuing a loan:
- data on available forms of lending with a description of their differences for the borrower;
- the approximate total cost of the loan and all services related to its execution;
- several return schemes describing the number of payments, their frequency and volume;
- conditions for early repayment of debt should be clearly spelled out in the contract.
According to the Law on Banks and Banking Activities, a credit institution does not have the right to approve an application if the monthly payment exceeds 50% of the amount specified in the certificate from the place of employment. In the law of the same name of the Russian Federation it is stipulated that the contract must necessarily contain a clause regarding the responsibility of both parties for non-fulfillment of the conditions. By the way, after signing the document, the bank does not have the right to send customers requests to certify the signature of an additional agreement with changed interest rates.
How it looks in practice
Having dealt with the question of how to not pay the credit legally, we turn to the question of how the listed conditions are observed in practice. In the provision of information with a detailed description of all credit schemes, their conditions and differences, the bank employee is not primarily interested. He has his own plan for selling all types of services, for which he receives money. The worse for the borrower the conditions, the more reward the agent. To attract customers, banks have not required a certificate of income for a long time. A copy of the passport and TIN are avoided.
In life, sometimes situations arise when a person wants to, but can not pay a loan. In case of loss of work, a fire in the apartment or an unexpected illness, the issue of repaying the debt can be resolved peacefully. But the reality is that the banks, with the slightest hint of insolvency of the borrower, turn to collector offices. The latter begin to terrorize constantly with calls from the debtor and all members of his family. Therefore, it is so important to know the legitimate ways how not to pay a loan to Sberbank and other financial institutions.
The first is to contact the financial institution immediately, as there are difficulties with the return of funds. If possible, you can contact the anti-collector agencies. Specially trained lawyers act as intermediaries between the bank and the borrower. Their services are expensive, but the result almost always satisfies customers. Unfortunately, most of the population chooses not the most adequate way, how not to pay a loan, is hiding from the collectors. The limitation period is three years from the date of the last contact of the borrower with the bank.
If you are officially dismissed from work, you need to register with the employment service, provide relevant documents to the bank and try to agree on restructuring or postponing the debt. Only a court can forcefully pay out a loan.
It is also important to remember that only the state executor can collect the object of the pledge, which is immovable property. And for this he must go to the territory of the debtor and make an inventory. The debtor, in turn, has the right not to let an official. Attraction of collector forces is illegal. You can also rewrite the property with relatives. And this is only a few ways, how can you not pay a loan.
Something from the 2013 statistics
In Russia there are up to 20 million bankrupt borrowers who have collected too many consumer loans and can not return them.
The portfolio of unsecured loans to the population was 5.5 trillion rubles. At the same time, the total amount of loans to small and medium-sized businesses is 4.2 trillion rubles. The rest borrowed from banks 5 million people.
The total amount of overdue payments on bank loans - 317 million rubles.
The scheme of communication between the bank and the borrower in Russia
The problem of non-repayment of credit over the past decade has become public. Banks are doing a lot of work to collect debts. First, the loan officer conducts negotiations on the repayment of the debt. If it does not work, then the security service checks if the borrower has any other property. If it is stipulated in the contract, collection of the debt can be transferred to the collector. Then the bank submits an application to the court. If the borrower has no other property, then after winning the debt will be written off. Simultaneously with the filing of the lawsuit, the material assets of the debtor are seized, which, after a positive decision, will be put up for sale.
Peaceful resolution of the issue
At the first hints of insolvency, instead of thinking how not to pay a loan, think about how to solve the issue peacefully. Contact a lawyer who will be able to analyze the loan agreement. Such consultation will help to find out the "weak points of the document". Then ask the financial institution for a certificate of all payments made and the balance of the debt. Compare these data with your receipts. Inform the bank in writing about your insolvency. In the office on the letter must sign and an incoming number. Or you can send a letter to the registered postal mail.
Options, how not to pay the loan at all, no. Even after the submission of the application, it is necessary to continue to pay the symbolic sums strictly on schedule. And monthly terrorize the bank with proposals for resolving the problem peacefully. This is necessary to create an image of a bona fide borrower, which you will need if the case goes to court. Negotiations can not be ignored. With a loan officer it's easier to negotiate than with a security service. In turn, the bank can take the subject of the pledge or restructure the loan, that is, all the proceeds should be sent to repay interest.
Collectors work with non-payers to use more stringent methods. Most often they exert psychological pressure on the debtor, his friends, relatives and friends: they call early in the morning or late at night, they send unpleasant people to the door of an apartment or car. Sometimes spoil the property and threaten. So if you are pondering over the question of how not to pay the "Renaissance loan" amount of debt, think about the consequences.
If it comes to collectors.
The most important thing in this situation is to keep the psychological calm and start acting. First, you need to realize all the material values that are designed for you. Banks will fight for them. In three years it will be possible to return to normal life. But while you are deciding how to not legally pay a loan, you will have to suffer.
In court it is better to apply first, so that banks do not have time to wind interest on arrears. To collectors do not press on the brains - buy a new SIM card, and use the old one only for calls to the bank.
Art. 177 of the Criminal Code of the Russian Federation provides that, with a large amount of debt, the bank can apply to the court and declare the debtor on the wanted list. Therefore, even after writing the application, continue to pay small amounts. All receipts must be stored in a safe place. It is better for a lawyer to pass a notarized copy. But when it comes to court and the originals of documents are required, the fact of transfer of payments should be notarized.
Four rules for communicating with collectors
- Article 382 of the Civil Code of the Russian Federation provides for the right of a bank to sell a debt to a collection agency. At the same time, the financial institution is obliged to warn the borrower about this in writing. As long as you do not have a document in hand, all conversations with collectors can be regarded as telephone extortion.
- Do not be afraid of them. They can only communicate, albeit in a crude form. At the first meeting, find out the full name of the employee, his position, work telephones and the location of the organization. If you do not receive this information, you can safely stop the conversation.
- When communicating with the agency staff, try to use a video or voice recorder. The presence of witnesses will be superfluous. Collectors often "mow" under police officers, using their clothes and identity cards. The presence of a video camera can cool their fervor. Especially if you hint that the data will be transferred to the prosecutor's office.
- Employees of the agency are private individuals. You can not let them into the apartment. The RF Constitution guarantees the inviolability of the home. If the collector begins to threaten, attract the attention of neighbors and blame for fraud, take a picture of him and go write a statement to the police.
How to be relatives and sponsors
Collectors often "get" relatives of the debtor. And this can be regarded as an unreasonable interference in personal life. Such actions can be appealed in the prosecutor's office. The question arises: where does the agency contact the contact details of the borrower's friends? Employees do not hide that they receive this information from third parties. Art. 24 of the Constitution of the Russian Federation prohibits the collection, storage and processing of personal data of individuals. This is another reason to complain.
Very often when signing a loan agreement, the bank requires the presence of a surety. That is, if the borrower can not fulfill all obligations, then the third party will have to do it. How to not pay a loan to a guarantor, the lawyers themselves will explain. Banks often unilaterally adjust contracts. But if the original document was signed from three sides, then there must be three signatures on the new one. Otherwise, the responsibility with the guarantor is removed. Here's how to not pay loans correctly.
Lawyers tell cases when the bank required repayment of debt from close relatives. The degree of kinship does not matter, the very fact of delay is important. How not to pay a loan to a person who did not take it and did not become a surety? In the event of the borrower's death, six months must pass before his close relatives enter into the inheritance. Only after this, the bank has the right to demand a refund. But in this case, it is better to solve the issue at once through the court, so as not to wind huge interest.
Save the image will not work
If the question arises, how can you not pay a loan to a business person and yet not lose your reputation in the eyes of others, then the answer is practically nothing. Collectors often come to the heads of the borrower or send letters to partners with a message that their counterpart evades payment of a debt. This can greatly spoil the reputation. But these actions contradict the Federal Law "On Personal Data". The maximum penalty is a fine of up to 10 thousand rubles.
How not to pay a loan legally
Very often collectors and financial institutions frighten borrowers by court: in addition to the amount of debt, they will also have to pay the state fee. In practice, the situation is different. Art. 15 of the Civil Code provides that all legal costs will be withdrawn from the losing party. The cost of full support of a lawyer, including his participation in the trial, will cost 30 thousand rubles. But these costs need to be weighed against the amount of claims of the bank.
The second option is to contact the anti-collectors. These are narrow-profile lawyers who can optimize half the amount of debt. If a week after receiving the loan you say that you can not pay, then the bank will not be the first to go to court. Anti-collectors recommend their clients to file the first lawsuit. According to Art. 333 of the Civil Code of the Russian Federation, after receiving documents confirming valid reasons for insolvency (dismissal from work, fire, illness, etc.), the judge may decide to reduce the amount of debt. It will be calculated in parts from wages. The same article does not allow the bank to impose excessive fines for delay. Therefore, the lawsuit demanding payment of 900 thousand rubles. with the original loan amount of 100 thousand will not be satisfied. But if, after the court decision, the borrower does not pay the money, the bank, guided by Art. 395 Civil Code, may again file a lawsuit.
It is different with auto loans and mortgages. In this case, the court will not allow a deferred payment. But an experienced lawyer can try to postpone the day of entry into force of the decision for three months.
Anti-collectors help and give advice on how not to pay a loan to a bank legally. But they do not work with scammers. Conscientious customers are interested in how to achieve a sparing scheme for repaying money, and crooks do not want to pay at all. The services of professional lawyers are expensive. Therefore, they do not work with clients who have a small amount of debt (15-30 thousand rubles).
Having dealt with the question of how not to pay "Home Credit" or another financial institution the body of debt, we turn to the question of how previously such nuances were decided.
The Law of the Russian Federation "On Banks and Banking Activities" obliges the financial institution not to disclose information about the client. To be precise, it clearly specifies a list of cases when a bank can transfer data to third parties. The filing of an action in court or the conclusion of a contract with collectors is not listed on this list. It turns out a paradoxical situation. In a properly drawn up agreement, the credit contract number, amount, terms of payments and arrears must be indicated. Collectors at all desire to receive this information from third parties can not.
Some experts argue that even the fact of the bank's appeal to the court is a violation of the law. The bailiffs, the office, assistants and the judge will know the details of the contract. But, unfortunately, the borrower can not prevent the financial institution from applying to the court. There are a number of reasons for this.
Banks for the sake of their own insurance in advance make an agreement in the agreement on disclosure of data provided that the debtor will not fulfill its obligations. The court recognizes these actions as legitimate. Each contract with collectors banks are supported by an expert conclusion of lawyers that the document does not violate the law on non-disclosure of information.
The filing of such a statement implies that the debtor can prove the existence of the damage because of the transmitted data. Collectors can not cause material damage. All the required amounts of the borrower must pay by law. You can file a claim for moral harm, but it is virtually impossible to prove it.
For all judicial practice, only one case is known when the debtor won a court case against the bank. The collectors constantly terrorized his relatives and colleagues with information about the non-repayment of the loan. The basis for a claim is the moral harm resulting from the dissemination of information between employees at work. As a result, the bank paid 5000 rubles to the debtor. The important thing here is not the amount, but the very fact of satisfaction of the claim.
In this article, you learned how to not legally pay a loan. It is best to immediately seek help from specialist anti-collectors. At a minimum, they will advise on further actions. As a maximum - in court will achieve optimization of the amount of debt by 50%. But there will still be psychological pressure from the collectors or the bank. Therefore, if possible, it is better to pay off the debt, rather than thinking about how not to pay a loan to Privatbank or to some other bank.