If you can not pay a loan, then do not pay.
Remember that no one can:
a) pick up your only apartment or house;
b) to deprive you of parental rights to children;
c) to plant you in prison (to attract to criminal liability) just because you cannot pay (unless, of course, you did not provide false information about the credit and do not hide your income now);
d) send to you an exit group or someone else (except for bailiffs).
Let the Bank submits to court. And answer all phone calls: "I will pay only through the court."
In court your salvation. It is in court, and not like otherwise you will be able to reduce the penalties and fines, ask the court to apply Article 333 of the Civil Code of the Russian Federation.
As for your credit history, it is already hopelessly spoiled.
What exactly can not do:
1. To request a debt restructuring bank. The conditions will be bonded, you climb into more long debts;
2. Pay less than the contract is established. The whole amount will actually go anywhere - on the payment of fabulous penalties and fines (which are quite realistic to reduce if the bank serves as a court), and the amount of the principal debt will not decrease;
3. Pay collectors;
4. Report a bank any information about yourself. They use it to harm you;
5. For a long time to talk to the representative of the bank. It is enough to rude it enough, send it into three letters and put the phone, so that he did not have time to influence your psyche (and they know how).
In the end, remember that the bank is also to blame. Before issuing a loan, he had to make sure of your solvency. Once this was not done - the wines of the bank.
Sooner or later, the loan and interest on it, of course, still have to return.
But their robbing appetites for penalties and fines will have to temper.
The bank has the right to start a disassemble in the delay in payment. It is always spelled out in a loan agreement. Another thing is that often the size of the penalty is incommensurable with the size of the loan and interest and the size of this penalty can be reduced in court on the basis of Article 333 of the Civil Code of the Russian Federation, we usually help our customers who turn to us with such problems by submitting a lawsuit against the court to terminate the loan agreement and a decrease in the court of debt size under Article 333 and 319 of the Civil Code of the Russian Federation (Article 319 banks are usually broken). The main thing is to find the contract for termination of the contract - violation of your rights (for example, a violation by the Bank of Article 319 of the Civil Code of the Russian Federation or the availability of commissions of the recovery). It is also possible to terminate the contract under Article 451 of the Civil Code of the Russian Federation, so our clients receive a court decision with a fixed amount of debt. Debt is no longer growing. At the same time, there is a high probability of compensate through the court moral damage and the cost of jurid. And you will calmly pay for the duty through the bailiff the amounts that you will be under force and not those who require collectors from you. And a big plus - you will stop calling collectors - because when it comes to court the banks in order to avoid reputational risks take the case from collectors and transfer to lawyers. By the way, in the practice of our company there are cases that when calculating the debt of the borrower, taking into account the banks paid by the borrower and commissions - the bank remained the borrower, and not the borrower to the bank. Good luck to you! Everything will be fine!
Munasipova Nina Viktorovna (09/19/2014 at 01:38:33)
Hello.
You do not have to pay anything to other banks.
When a branch of the Ukrainian bank opens in Crimea, in which you took a loan, then you will.
In this case, you can refer to force majeure, the circumstances of the unforeseen power, because of which you cannot fulfill your obligations, Article 417 of the Civil Code of the Russian Federation and Article 617 of the GC of Ukraine.
Those. Crimea moved to Russia, as a result, Ukrainian branches of banks ceased their activities, it became no one, there is no one, respectively.
If you wish, you can send a custom letter to the main branch of the bank, about such text: (I will leave a copy, so if someday it comes to litigation, you will have a reason to get rid of yourself from fines and penalties for delay payments)
"This number I took in your branch of the bank at such a loan in the amount of ___ (contract number ____). On March 18, 2014, a referendum was held, according to the results of which the Crimea moved to the Russian Federation. In the following, the branches of your bank stopped their Activities on the territory of the Crimea. I do not refuse to fulfill my debt obligations to your bank, but every month to Ukraine to make a monthly loan payment I do not have the opportunity, tools and time. Making translations through Russian banks is very expensive, as the big commission.
In accordance with Article 417 of the Civil Code of the Russian Federation, as well as Article 617 of the Civil Code of Ukraine, the obligation is terminated due to the impossibility of its execution, as well as the person is exempt from liability for failure to fulfill obligations, if it proves that the violation occurred as a result of force majeure. Moreover, according to paragraph__ of the contract No.__, the parties are exempt from liability for non-performance or improper performance of this Agreement, if this failure or improper performance is caused by the circumstances of force majeure (force majeure), which arose in addition to the will of the Parties after the conclusion of this Agreement, which parties could not foresee When concluding this Agreement or prevent reasonable measures. (if such an item is present in the contract)
Crimea to the Russian Federation is just force majeure. In this connection, I exempted from liability for the delay in loan payments, since there is no my guilt. The renewal of payments will be possible as soon as you open the branch of your bank again on the territory of Crimea. Instead of calling me and demand payment, I ask you to provide clarifications on this issue as well the address of the separation of your bank in the territory of the Republic of Crimeain which I can make a monthly required loan amount, according to the terms of the contract, without any commissions and overpayments. "Regards, FULL NAME. Date, signature
Many debtors who took loans in the bank and could not pay them completely or in terms of the amount, think that after the Leader submits a lawsuit, this instance will summarize, establish the final amount with interest. After that, payment can be stretched for several years. However, this is not always the case.
During the court session, the debtor has the right to endure the petitions for the cancellation of penalties and can count on installments of the payment of principal debt. In some cases, the court comes to the debtor to meet, especially if he was able to prove the circumstances that his financial situation does not allow to return the entire amount of the amount perhaps. But on this "torment", the borrower can not yet end, since after the court by the banking institution still accrual interest on the balance of debt.
Everything will depend on how the bank amounted to his claim, and what requirements in it put forward. If the financial organization demanded a full repayment of the funds taken from the proceeder and at the same time decided to terminate the contract, then after making a decision by the court, interest is not accrued, and the total amount of debt is clearly fixed.
During the last time, banking organizations are given to the filing of lawsuits in which the requirements for the recovery of the debt amount formed only at the time of submission of the application are presented. At the same time, the contract is not considered dissolved as the main part of the debt remains outstanding. After that, this residue continues to accrue the fines established by the Contract and interest.
Based on Article 208 of the Code of Civil Procedure of the Russian Federation, the recoverer is entitled to apply to the court, on the basis of which, on the day of the decision is made, the indexation of monetary amounts is recovered. Interest for the use of other people's funds, their untimely payment and receipt of unreasonable enrichment is charged by the debtor on the basis of Article 395 of the Civil Code of the Russian Federation.
Based on these norms of the law, the banking institution may require interest from the recipient of the loan after the payment of a fixed amount of debt, if the debtor pays the money taken by parts or does not fulfill its obligations during the period. In this case, the bank must submit a new claim to the court, after which the loan will be paid to pay a new amount of interest. But in the event that the total amount of percent is small, the bank may refuse to submit a new claim and leave the initial debt unchanged.
Hello, does the right bank have to charge a fine for delay? I heard the law that banks do not have the right from 1.07.2014 loans, loans law, a new loan law, a fine for the delay of a loan. Collapse Victoria Dymova. Support employee legal company. This reason has already been considered, try to see here:
Answers of Lawyers (1)
Unpredict or provisioning not in time such a certificate of income may entail a fine. This document needs a bank to control your income and forecasting in advance the situation with possible delay. This is not so much a whim, how much requirement of the Bank of Russia.
According to the position of 254-p, banks must control the income of each borrower with a given frequency. In practice, it is impossible to make it in mass order, therefore banks are limited to such control over long-term contracts and large sums. Similarly, you may be fined if you did not notify the bank when changing the place of residence, work, passport data.
As a rule, penalties for improper fulfillment of obligations and their size is prescribed in the credit contract itself (pay, by the way, attention: in any document there are no penalties to the bank, so).
In court, the debtor has the right to submit a petition for the cancellation of all fines and on installments of debt payment. And most often, if it is proved that the financial situation of the debtor does not allow to pay awarded the amount at the same time, the judges go for concessions and allow you to pay the duty of parts. Loans fines How legitimate? And often, to pay off all sanction payments is unrealistic.
Important
But there is a way out of such a situation. Not every penalty is justified. And if you negotiate with a credit company properly, you can avoid negative economic consequences. What to do when fines and fines on the loan are already accrued? With such a situation, it is worth contacting the bank.
But the situation is not excluded when the contract will contain a reference, such as "the size of the fine is determined by the Tariffs of the Bank." It is not very good: Tariffs The bank can change unilaterally and not even notify you about it, to post new rates in offices, update it on the site - this is considered enough. We would like to note about the requirement of fines on loans in conclusion of the article that fines and penalties on the loan were, there will be, since this is a certain form of responsibility for compliance with the contract.
Question in size. In theory, a high fee for overwhelming payments is aimed at the "reassembly" of borrowers and reducing the level of overdue debt. However, independent experts suggest that not everything is so simple and transparent. Sometimes the bank's unfinished borrower is much more profitable for who pays on time.
Info
In the right agreement, the obligation of the other party should flow out of the right of one Party (for example, if there is a bank's right to change the interest rate, then the borrower should have the obligation to agree. Does the Bank have the right after contacting the Credit Return Court to continue to accrue%, penalties and fines on Peny? Elena Afanasyeva 07/20/2012 There is no better answer, the bank does not charge anything else after the court decision. In the court decision, the amount is recorded to return taking into account accrued penalties and fines on the decision date and the fixed amount is prescribed in this decision.
Subject: The legality of the fine for overdue payment is it legal? Twice accrual a fine. despite. That, on the first loan, I did not violate. I had such a see such. And in VTB24 / who thought. Such bisaks / because of a non-acccheprice write off this happened. Money is enough with any no zero account and are enlisted where "burning" / T.E. The term is overdue / you credited money to the card and think they will go. No, they will go where it is already overdue. Convenient credits exception can only be critical circumstances. Does the bank have the right to charge interest for the delay, in case it has come not due to the fault of the borrower, this is because force majeure? Unfortunately, only the circumstances of the force majeure (military actions, the death of debtors, etc.) include to force-maghor.
Long delay in payment or non-payment of a loan can serve as a reason for the bank to appeal to the court. After the court decides on the recovery of debt from the borrower, the executive list is sent by the bailiff, the Commissioner:
Is there a chance to avoid payment of fines? In order to reduce the size of the penalty, you need to write an application to the bank, issued a loan, asking for a request to reduce or cancel the percentage of fine or penalties. With direct contact of the court, the procedure for paying penalties can be changed.
For example, such: http://www.angrycitizen.ru/ Of course there is! And the courts when considering lawsuits to debtors from banks, a huge number of fines and interest are usually indicated. You can also apply the article (I forgot what) a bone deal, there is very badly the creditor becomes. This is allowed for a valid reason. For example, temporary disability or decree for women (if loner). If you have this situation, then you need to write a letter to the bank with a request to go for concessions. It is very important at the same time to put on credit at least some kind of kopecks, at least 100 rubles per month.
Then you can not recognize as a malicious defaulter and will not be submitted to the court. From paying a loan, you cannot finish and have to pay everything as in the contract written. But the penalties are not charged only through the recognition of themselves with bankrupt.
Student (113) 3 years ago Yes, and the more Credit Credit, the more fine percentages from the residual amount. The amount of fines more than 15,000. Tell me how to be in such a situation. And does the Bank have the right to accrue fines after the trial? August 02, 2018, 13:09 Olga, G.
Krasnodar Answers of lawyers (1) In this case, it should be understood that you have written in the operative part of the court decision. Also, banks are very often earned on trips and fines that are charged from borrowers. There is a huge number of disputes and questions on this topic. When the borrower has a difficult situation and it cannot at the moment to pay a loan, banks unconditionally, referring to the terms of the contract, accrue fines. When the borrower is trying to pay a loan, banks simply do not provide such an opportunity.
It will be necessary only to collect certificates, checks, certificate of birth of a child, all the papers that prove that you cannot pay debt together with interest and fines, then the court can write off the stumps and fines, you will only have to extend the main debt without interest . So everything is possible on this issue. I want to add that, of course, much depends not only from the court, but from the bank where you took a loan. Some banks, for example, on the contrary go to the meeting and give a delay to pay if the woman is pregnant. In general, this is a multi-faceted question, and if the bank does not meet the interest in writing off interest, contact the bank !!! It often happens that when we take a loan in the bank, we agree to all the conditions prescribed in the contract, if only the bank did not refuse us, or simply, inattentively read the loan agreement, especially the text with small font.
Yes, such a right is not to pay penalties, commissions, fines and penalties of the credit organization (bank) - there is a debtor due to changes in the legislation of the Russian Federation, in particular, according to Art. 333 of the Civil Code of the Russian Federation. Naturally, the court cannot accept the side of the defaulter, but at the request of the debtor, he usually writes off all the penalties, fines, commissions and penalties, leaving the unpaid part of the loan and interest, which are also subject to mandatory recalculation. As a result, the lion's share of the debt is written off with a person, which bankers crave to get not quite legal, because some of the commissions in some banks, for example, for conducting an account can be a third of the monthly payment. And one more thing, marked by the author Infiltrator, has a place to be. We are talking about the limitation period, which very often coincides with the insurance of the debtor, which ends usually in three years.
In this article, we will talk about all standard bank loans provided to individuals - consumer, auto, credit cards, mortgages - everywhere the legal framework is a contract, everything else is mainly marketing names.
Consumer loan agreement
Texts of bank contracts are all type. They are drawn up by the professional state of lawyers, so the physical person has to either agree and receive money (even if he disagrees with certain points of the document), or disagree - and not receive.
Although the loan agreement is, first of all, the document in the classical (legal) understanding of this term is that there is a set of rights and responsibilities of the parties to the parties.
What other fines should be remembered?
In conclusion, I would like to note that fines and penalties on the loan were, there will be, since this is a certain form of responsibility for compliance with the contract.
Question in size. In theory, a high fee for overwhelming payments is aimed at the "reassembly" of borrowers and reducing the level of overdue debt.
However, independent experts suggest that not everything is so simple and transparent. Sometimes the bank's unfinished borrower is much more profitable for who pays on time. The fact is that, in accordance with the Civil Code and the terms of the contract, the money coming from the debtor is primarily sent to cancellation of fines, penalties, nozzles, and only then to pay interest and devastation of the principal debt.
But there is a decision of the Supreme Arbitration Court that the courts should take into account the other scheme in controversial situations: first the interest, primary debt, and only then penalties. As it will work in practice, it is unclear. If you do not fundamentally agree with the conditions of punishments before the signing of all Budmag, it is useless to argue - no one will change the text of the document.
The only way is after signing the loan agreement in court to change its conditions. The legislative framework for this is - the terms of the contract inferior to consumers in comparison with the rules established by the legislation are invalid. This rate is fixed in Article 16 of the Law "On Consumer Protection". At the same time charge for the delay in payment, in principle, it is quite legal, but on strictly defined conditions. By the way about fines, judicial practice is such that if you had good reasons not to pay the loan, then the courts, as a rule, reduce fines and penalties accrued to zero or to reasonable sizes.
Keep in mind that if you received a loan, and then went to sue the bank, there is a risk that you will be brought to the "black" lists of "scandalous customers" and the received loan will become the last in your life. Another thing, if "sold" to collectors together with the accrued allowances or the bank already put you on the list of unreold borrowers and requires the entire amount of the entire amount in the entire amount - in this case, we must be safely sued.
Judicial practice on the recovery of problem debts of recent years shows that in the case of a trial, the courts "write off" accrued fines, penalties and penalties submitted by banks to recovery from borrowers. "Rumors walk" that there is a "secret order" to ships such debt, because The state understands that the insolvency of loans to citizens, among other things, arose due to the deterioration of the overall economic situation in the country. But (I emphasize) that this is not a binding rule - formally, according to the Civil Code, the courts can be accumulated.
If for some reason you have formed overdue debt - various sanctions have accumulated accordingly, then you can certainly expect the court and write off such debts. But recently, banks seek to negotiate with problem debtors on their own initiative - as a rule, it is proposed to refinance the problem debt - with more loyal conditions in terms of the monthly payment. But all the "trick" lies in the fact that during refinancing the banks do not always write off the accumulated penalty - they offer them to arrange as a major debt under the new contract. Accordingly, interest on them will be accrued, etc. On the one hand, someone will say that this is a new financial "Kabala", on the other hand, a net credit history, and from elevated obligations it is possible to get rid of it, earning more and exercising early giving loan.
From 01.07.2015, the law on bankruptcy of individuals came into force - if they initiate this procedure, then the accrued fines and penalties can write off, but the procedure itself is far from trivial, and the consequences for citizens' citizens, in general, are understandable .
There is another way out - recently appeared companies that offer to buy your debt from the bank. The conditions of such operations do not apply - it all depends on the amount of the loan, and on the size of problem obligations, and from the bank that negotiate. But - after all, this option to resolve problem debt - and they need to use!
For the delay in the loan, the Bank charges colossal fines, sometimes comparable to the debt themselves, and the size of the overdue increases in proportion to its duration. Some unscrupulous organizations specifically delay appeal to the client so that the amount of penalties and penalties become as much as possible.
Change penalties It is provided for in Russian legislation, in particular in the Civil Code of the Russian Federation in Article 333, which stals that in the event of non-substitutionability of the penalty to the consequences of non-compliance with the contract, the court has the right to change its value.
In the event of force majeure circumstances and the impossibility of executing their financial obligations to the Bank, the client first needs to contact the lender and apply for the cancellation of fines and penalties, which are provided for the delay in the loan.
However, not in all cases you can count on the partitions, the Bank takes into account only the valid reasons to which include:
All events need a documentary confirmation, and what they are weighing, the better. This gives a chance to condescend to the defender.
Depending on the severity of the situation, you can use credit holidays, debt restructuring, and in the case of existing overdue - the ability to cancel penalties and penalties. At the first stage, you need to visit the financial institution and write a statement.
Procedure for submitting documents to the bank to reduce debt
The adoption of a positive decision by the Bank's management largely depends on the correctness of writing the application, the number of attached certificates and negotiations with the employees of the credit institution.
However, unfortunately, it does not do without failurewhich are reasonable and unreasonable. In the first case, the management of the credit group believes that the causes of debt education are not enough for cancellation of the penalty of penalties, and in the second case, the Bank simply refuses the client in accepting applications.
If the Bank does not agree to consider the document, then it is obliged to notify the client written about this, which is a reason for appealing to the judicial authorities. The duties of financial institutions include compulsory consideration of any written request of the client and its registration.
Instruction
Remember that a decrease or cancellation of penalties For admitted delay is the possibility of a bank, and not his duty. At the conclusion of the contract, you must read its complete conditions, in particular those regarding the responsibility of the borrower for late payments. And if you signed it, then you have been agreed with these conditions, and must bear the appropriate punishment in the form of increased debt.
However, if the interests accrued to you are very high and incommensurate with the size of the initial debt, and at the same time the lender refuses you to delay or restructure the debt, then you have the full right to go to court. If you are able to prove that they did not pay for a good reason, then the court will certainly rise on your side and will reduce the amount of debt, and can also provide you with a deferment or a new payment schedule if necessary.
Also read about reducing fines on this page.
Hello! I am deprived of the opportunity to pay a loan in full. Submitted an application to the Bank on Loan Restructuring. At the moment I have no debt and I do not refuse to pay the loan. I asked the bank to reduce the percentage of the loan (I have 39% per annum). After refusing to restructure, I immediately wrote a statement in the bank that it was ready to solve the issue in court. Whether the bank has the right after my statement to accrue me fines and penalties, if at the same time I will pay a loan monthly, but in a smaller amount that I am still able to pay. Thanks in advance.
Your application does not oblige the bank to apply for you. The bank is entitled when he wants to do it. Penalties and penalties will be accrued even if you pay in a smaller amount than spelled out
Article 330. The concept of a penalty of Yandex.Direct was hungry? Book a pizza! Dominos.ua/Acabulating delicious and satisfying Dominos pizza. Delivery 30 min. Check! SaladanapitisTertsRatrogram of loyalty Kiev 1. A penalty (penalty, penal) is recognized as a law or agreement, which the debtor is obliged to pay the creditor in case of non-fulfillment or improper fulfillment of the obligation, in particular in the event of a delay. At the request of the payment of the penalty, the lender is not obliged to prove damages to it. 2. The lender is not entitled to demand the payment of a penalty, if the debtor is not responsible for non-fulfillment or improper fulfillment of the obligation. Comment to Art. 330 of the Civil Code of the Russian Federation 1. The penalty is one of the most common ways to ensure the fulfillment of obligations both in relations between legal entities and in relations that develop between legal entities and citizens. In legal relations between citizens, the penalty is relatively rare. The source: stgkrf.ru/330
Unfortunately, the Bank has the right to refuse you in restructuring, and continue to accrue interest under the terms of the concluded agreement. If you begin to make monthly payments below the set amount, then the Bank will have the opportunity to charge you a penalty at the unpaid amount, in addition, most loan agreements provide for the right to demand the early return of the loan amount in cases of repeated violation of the obligations of the borrower. You have the best way to once again send an application to the bank to restuct the debt and make your calculation of monthly, ranked payments for you. In court you can contact themselves, in order to avoid incurdation. In the legal process, it will be necessary to confirm a difficult financial situation, such as 2-NDFL help from work. Also consider the option of dedication.
Whether bankrupt is the right of bankrupt (the license is withdrawn by the Central Bank of Fevr. 2016, declared bankrupt April 2016), in 2016 to accrue interest and penalties on a loan for several years and to apply to the court to compensation for these percent?
Unfortunately, it has the right, since in itself the bank's bankruptcy does not suspend the work of the loan agreement, and therefore all the provisions of the loan agreement, including the accrual of interest on the loan and the contest for the delay of payment will be valid.
With respect,
Oleg Ryabinin.
in 201, accrual interest and penalties on the loan for several years and sue the compensation for these percentages?
Good evening, there is such a right of the bank, but it is necessary to watch whether the limitation period is not missing, it is calculated for each payment separately and is 3 years
Civil Code Article 196. Total limitation period
1. The total limitation period is three years from the day determined in accordance with Article 200 of this Code.
If the limitation period is missing, then you have the right to apply for a passage of the limitation period, as well as to reduce the penalties under Art 333 of the Civil Code of the Russian Federation
What to do the borrower after the review of the bank's license
Do I need to repay a loan to the bank if his license is withdrawn?
The review of the license does not cancel the duties of bank borrowers to repay debt in accordance with the terms of the loan agreements. If the borrower ceases to serve his duty, the Bank has the right to apply to the court on the recovery of debt in forced procedure.
What order is the loan is repaid?
Between the day of the revocation by the Bank of Russia, the credit organization of the license to carry out banking operations and before the adoption of the arbitration court on the recognition of a bank bankrupt (liquidation), the borrower is obliged to repay the debt on the loan in the manner and by the details established by the Interim Administration on the Bank. Relevant information is placed by the temporary administration on the bank's website or is provided at the place of its location. In the absence of such information, the borrower is obliged to repay the debt on the loan in accordance with the contracts approved by the contract of payments for the previous details.
After adopting an arbitration court on the recognition of a bank with bankrupt (liquidation) and imposing a borrower's competition (liquidator), the borrower is obliged to repay the debt on details posted on the Agency's website http://www.asv.org.ru/ in the section "Liquidation of banks" on the page of the relevant bank. Such information is published no later than 10 days after the opening of the liquidation procedure. In addition, the competitive manager (liquidator) directs letters to all borrowers indicating payment details to repay debt.
Payment of loans of individuals in cash without commission is also provided by VKBB RUSSIAN CAPITAL (PJSC), established at the addresses: Moskva, St. Vysotsky, 4 (former Tagan's Tupik); Ul.Lesnaya 59, p.2.
The following data is necessary for payment: the name of the bank, the number and date of the loan agreement, the borrower name, the telephone of the borrower. One-time payment should not exceed 15,000 rubles.
Resolution of the Plenum of the Supreme Court of the Russian Federation dated November 12, 2001 No. 15 and the Resolution of the Plenum of the Supreme Arbitration Court of the Russian Federation dated November 15, 2001 No. 18 "On some issues related to the application of the norms of the Civil Code of the Russian Federation on the limitation". In particular, lawyers operate with the following norms:
"10. The period of limitation on the claim arising from the violation by one side of the contract the terms of payment for goods (works, services) in parts, begins with respect to each individual part of the day when the person learned or should learn about violating his right. Time limitations on claims on expired time-based payments (interest for the use of borrowed funds, rent, etc.) it is calculated separately for each overdue payment. "
"25. Limitation of actions for interestThe borrower paid by the borrower in the amount of the loan in the amount of and in the manner defined by paragraph 1 of Article 809 of the Civil Code of the Russian Federation expires at the time of the expiration of the limitation period on the request for the return of the principal amount of the loan (loan) .... "
You need to apply written to the statement of claim.
The situation is this: I had a loan debt since 2008 - the last payment in the amount of 1526 rubles. The fact that the debt is not repaid and that there is a court decision, I learned only when I disassembled documents after the death of the former husband. There was a judicial document (order), according to which I owe the specified amount. I paid this amount in the bank, the operator checked my personal account and said that my loan was repaid and no longer I should. But then I received a letter not clear from which organization demanding to pay duty, more precisely fines and penalties in the amount of 10,000 rubles. Then there begins with threats of property of property and so on. I have the following questions - in the event of the transfer of obligations to the Collector Agency - should the bank make me about it; And if the court, as in my case, clearly indicated the amount for the payment, can the bank then charge any penalties and fines or is it the only amount to be paid?
I still just do not understand - who requires this money, because the staff of the bailiffs have never been contacted for all this time and there were no information about the debt.
Try to deal with this situation, perhaps this is a mistake, and you should, if possible, raise all payment documents on making money to the credit account.
Request an extract in your account with which the loan repayment was carried out.
If you paid the amount of the loan in the bank, and did not take a certificate of full repayment of the loan, then demand the official certificate of full repayment of the loan certified by the appropriate signature and seal, the Bank is not entitled to refuse to provide such a certificate if the loan is really fully paid.
Regarding the threats from the so-called collector agencies
You have the right to apply to the Federal Service for Supervision of Consumer Protection (Rospotrebnadzor) with a complaint about the "organization" that brings you by calls with threats, perhaps there is no unfair of the claims of fines, not to mention the threat of property inventory.
By virtue of Art. 388 Civil Code of the Russian Federation (Civil Code of the Russian Federation) The assignment of the claim by the creditor to another person is allowed if it does not contradict the law, other legal acts or the contract. In addition, the bank was obliged to notify you about the assignment of the requirement of the "organization" that terrorizing you, if any other conditions in your favor were not specified in the loan agreement.
Issues related to the loan decide only with the bank, and not with a suspicious "organization" if the bank refuses to provide you with a certificate of repayment of the loan, write a claim to the bank, then contact the court.
You need to challenge the judicial order for the recovery of debt. The term for appeal is 10 days from the date of receipt. The grounds for appeal that you disagree with the debt and everyone paid.
The bank was supposed to notify the assignment of the right to demand a collection agency. This notice should indicate the amount that was transferred to collectors. If you did not receive such notifications, then the collectors can not pay anything.
We must deal with the bank to deal with your loan. Whether all payments were held.
At collectors you can write a statement to the police about extortion. After that, the collectors will be quieter.
Ask a question to our lawyers - it is much faster than to look for a decision.
