To by post Bank card… and be in debt!
Parse instructive stories from mail “KP”, along with an expert in banking law and consumer rights lawyer Hrant Ghazaryan
Fig. Valentina DRUZHININA.
BONDAGE WITHOUT A CONTRACT
– Last fall I received in the mail a Bank card, – says a young mother Olga. – There was a letter: the card must be activated within 5 days, otherwise it will be canceled. I activated suddenly when in the future to seize the money you will need. But still the map never used. And suddenly now I was billed for 7 thousand rubles! I’m in shock! For what?!
– Banks do often send by mail your credit card, which is enough to activate in order to use a credit limit, confirms the Grant Ghazaryan. – And you turn into the borrower, even without signing any contracts. The secret is that the implementation of the actions specified in the letter of the Bank (activation card), a legally recognized acceptance of terms and conditions of the contract proposed by the creditor Bank.
Remember: after activating the card, even if you are not using it, may be charged a different fee: service charge the card and credit, maintaining accounts and so on. Most worryingly, these commissions are generally deducted from the card limit, and then they start to drip interest. There are such schemes, when even the most modest monthly debt grows like a snowball.
Please note: service charge credit card (and accordingly, the interest on that amount, charged to the limit credit cards) are lawful. But the fee for loan account maintenance is illegal, and you can feel free to challenge them. Deliver to the Bank a written statement about the illegality of collection of such commissions. Refer to section 1 of article 819 of the Civil code of the Russian Federation and the decree of the Presidium of the Supreme Arbitration court of the Russian Federation dated 17.11.2009 № 8274/09.
– In addition, sending a card in the mail, the Bank may not charge any fines, including late payment service card – emphasizes Hrant Ghazaryan. Since under the Civil code the agreement on ustane (the fine) must be in writing. That is, without your signature of consent condition on fines invalid.
MORTGAGES: “NO TIME TO FINISH THE HOUSE – GOING TO COURT”
Oleg and Irina from Moscow in 2009 issued a mortgage loan to build a house. “The contract says that in September 2012, we need to provide the Bank with documents to a finished house, – says Oleg. But no money for construction, we did not have, the house only half ready. The loan we had paid regularly. And now the Bank threatens to sue for misuse of the loan ahead of schedule to recover from us the entire amount”.
– Provision of documents for the finished house is a previously defined condition for the issuance of trust loan what is the requirement of the Bank quite rightly – said our expert. – Now if you are not able to meet this requirement, I would advise you to transfer to the Bank a written request stating the reasons due to which this situation developed. Emphasize that you always make timely loan payments and Express request, the Bank has postponed the deadline for submission of documents on readiness of the house.
As for the threat of going to court, then in principle the law allows to present to the borrower the requirement about early return of a loan in the event of misuse. In practice, however, banks are not profitable early repayment of the loan, because the longer you pay, the more interest the Bank gets.
So, most likely, in your case the Bank will not go to court, and will be used to change the terms of the contract.
SURETY: HELPED A FRIEND AND “GOT”
A good friend asked me to cosign on the loan for a large sum of money – describes a typical situation of Sergey. – And then suddenly ceased to pay the loan, the property was transferred to relatives, and I was extreme! The Bank requires all payments from me, as from the guarantor. What to do? In fact I was deceived, framed, is a natural fraud!
– A surety is actually a very risky move, warns Grant Ghazaryan. You automatically will be obligated to meet the obligations of the debtor – by virtue of article 363 of the Civil code of the Russian Federation. The Bank has the full right to require all payments from the guarantor as soon as I encounter the slightest difficulties in the repayment of the loan by the borrower. And to protect yourself from this unpleasant turn of events does not.
The fact that the banks are prescribed in the contracts of the so-called joint type of guarantee when the borrower and guarantor liable for the obligations are actually equal. While any notes from borrower to the guarantor – type “pledge himself to pay the loan and provide their property for debt” is not legally binding.
So, before agreeing to a sponsorship, think ten times.
If you still have been in the same situation as Sergey, keep in mind that all of your loan payments, including arrears, penalties and other sums you may recover from the borrower (recourse). The Bank at your request, must provide proof of your payments and a copy of the loan agreement with the borrower will come in handy if the case goes to court.
As to suspicions of fraud, on this issue, you direct road to the police. By the way, you can also try to challenge the transaction of the borrower’s transfer of his property to relatives (a criminal case for fraud will help in this). Such transactions may be recognized as illusory on the basis of article 170 of the Civil code of the Russian Federation.
Early repayment: not so simple
Oleg took a mortgage 5 years ago. “The loan repayment period – 10 years, but the interest rate is such that during this time I have to give the Bank 3.5 times more than you did,” complains the borrower. Podnabravshis, he decided to prepay the loan and asked the Bank to convert the balance to be paid within one year in equal installments. But was refused.
– By itself, early repayment of the loan is a non-conditional right of the borrower, the banks take it anymore and, as a rule, do not abuse denial, says Hrant Ghazaryan.
810 Civil code of the Russian Federation the loan amount can be returned the borrower ahead of schedule completely or in parts under condition of notifying the Bank at least thirty days prior to the date of return (if the agreement does not stipulate a shorter notice period).
At the same time in a situation Oleg we are talking simultaneously about changing the schedule of payments: the borrower wants the Bank distributed the loan balance for one year in equal installments. “The condition of the contract is changed by agreement of the parties, so the Bank may refuse, did not break the law”, – says our expert.
But there is a solution! “If the Bank does not agree to change the schedule of payments you can each month to write a new application for partial early repayment of the loan and to pay monthly as long as it takes to fully repay the loan within a year” – gives Council a Grant Ghazaryan.
Hrant GHAZARYAN.Photo: Marina ВОЛОСЕВИЧtrue_kpru
By the WAY
Free consultation on the rights of the borrowers, and assistance in negotiations with banks can be obtained from the financial Ombudsman service (all coordinates are on the website arb.ru), as well as on the website of Finpotrebsoyuz finpotrebsouz.ru
Loan without interest follow the terms
Often banks offer a bonus when you pay with services or goods with a credit card, you are exempted from paying interest for a period of concessional lending (the so-called grace period).
– In practice, many are mistaken about the validity of “free” benefits, says our expert. – Keep in mind that this term is not always equal to, say, 50 calendar days, as is stated in the advertisement.
Banks are often prescribed in the Treaty formulations of the type “grace period is valid before the twentieth day of the following month after making the first purchase.”
This means that if you made a purchase the first day of the current month the grace period will be 50 days and will be valid from the date of purchase by the 20th of the following calendar month. If the purchase is made, for example,
The 25th of the current month, you can count on a grace period of 25 – 26 days (depending on the number of days in the month).
And don’t forget: as soon as I finish act exemption, will drop percent, and for the slightest delay monthly payments still accrue interest.
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