How to terminate the loan agreement
If you think that the Bank does not comply with the conditions of the contract, the loan agreement, you can always break. But before we do this, should familiarize themselves with a couple of nuances.
Just note that peacefully terminate the loan agreement can be only in one case, when the Bank and the borrower voluntarily willing to terminate their relationship. The agreement, which States the total amount of the debt, the amount of interest and the maturity date of the loan. Under the agreement the borrower quickly extinguishes the debt and its obligations to the Bank shall be deemed to be fulfilled.
Much more difficult will have to if they want to terminate the loan agreement unilaterally. To do this, you must file a statement of claim in court and make a decision.
On the part of the borrower to the credit contract can be terminated, for example, that the Bank without the approval of any changes made to the document. Or the lender delays transfer of loan or grants money in full size.
Borrower can request cancellation of the contract in connection with the illegal charge commissions, unspecified fines. If the bank fails to respond to the claim within 30 days, you may file a claim in court.
The Bank has much more reason to pursue a claim in court. Bankers may demand termination of the contract in case the borrower violates the terms of the agreement, did not pay the loan, does not pay fines, interest. The reason may be the loss of the subject of the pledge, the diversion of credit fraud in obtaining the loan.
What do you think, if one day will find millions of dollars in your account? Certainly imagine an unknown uncle, who decided to leave you all his inheritance. Well if so, but more often than not, the reason fell off the wealth becomes banal banking error.
Why do errors occur? May impact fatigue. For example, an employee of the Bank in Germany was about to transfer to 64 euros, but dozed off in her sleep and pressed the digit 2. In the end the client got a 222 million euros. The error, however, quickly corrected, the money was returned.
The cause of the errors is inattention and technical glitches. In Tunisia thanks to a banking error a waiter became a millionaire. He asked the Bank transferred him to 120 dinars, but the Bank has somehow dropped to 120 million dinars immediately. An honest waiter reported in Bank error, because, according to him, the Bank has a lot of friends and he would not want them to cheat.
However, the Bank’s clients can not always resist the temptation. So, a resident of New Zealand had in the Bank for a loan in 100 thousand. New Zealand dollars. It approved the loan, but due to an error was 100 million dollars. New millionaire did not wait for interchanges and taking the money, went on the run.
This story has a sad finale. As it turned out, the New Zealander hiding in China for a long time, and when he returned home after many years, he was arrested for fraud. The penalty incurred, and his girlfriend, with whom he spent the Bank money.
Sometimes the error committed by the customers themselves. The owner of a barber shop in the uk has decided to transfer part of their income on account of a major construction company. But when filling out the documents she had made a mistake in one digit. As a result of 2 years of her money was unknown. During this period, the woman managed to translate the 40th. dollars. When she contacted the Bank to return the money, the Bank refused to do so, as the recipient of their already spent.
Maybe borrowers their credit, soon to be time without any penalties from loans. The client within 10 days to return the loan in the Bank, paying only for the time of the actual use of the money.
These amendments propose a Deputy of the State Duma Anatoly Aksakovym in the Bill on consumer crediting. The essence of the amendment is to provide customers with so-called “cooling” period, during which borrowers will be able to think and decide whether they need this loan or not.
If today the Bank of ways lets return has already been issued to credit, with the adoption of the law by the clients, who registered potrebkredity will be 10 days to return the money without any penalties, commissions of the Bank. For larger loans such as mortgages or auto loans, predsmotren, “cooling period” in 30 days.
Thus it is necessary to consider that even if the customer wants to return the money in time, you still pay interest on the loan. Otherwise, as experts fear that many people will take out loans for 10 days to survive until payday, then all will be returned, without paying a single ruble.
Today, it is also possible to reject the loan without penalties, but only if the loan had not yet been issued. This procedure is especially popular in mortgage lending. The borrower takes the application into multiple banks, waiting for approval, and then selects from the list permanently. Bankers mortgage decision leaves in place 2-3 months.
Among the lines of credit with the highest number of client failure specialists provide car loans. The reason lies in the mechanism of applications received: most applications come through car dealers, who send them to multiple banks. Thus, the reason why is customer care to another bank.
Micro-stakes are high enough, but things can change with the adoption of the amendments to the law on microfinance and microfinance institutions. ”
Micro-credit differ in that they can obtain in a short time people with any credit history. In fact here and credit history is not necessary because MFIs rarely cooperate with the credit bureaus. Select a loan here.
These are different kinds of scammers. The fact of the matter is that in the State Register of microfinance institutions (MFIs) have already recorded more than 3 thousand. companies. For scams expanse — take in each company on microcredit and don’t hurry. return it. Banks that focus would not have passed. If the borrower has already have a loan, it’s noted in your credit history. The Bank sees that the client does not pay the loan, and refuses to issue a new one.
And MFIS without cooperation with the credit bureaus are suffering heavy losses, and this is reflected in the high rate of interest. The situation may change the amendment, which will oblige all MFIS to send information about borrowers in the credit Bureau.
In addition, it is assumed that each MFI will post the full amount of the loan in large print on the first page of the contract. Another innovation is the prohibition to be advertised in the media for those MFIS that are not in the unified State Register. The measure would clear the market of firms-somethings ephemeral deceiving citizens.
According to the President of the national partnership selected microfinance players Mikhail Mamuty, these amendments, as well as other measures will eventually reduce the cost of micro-credit on 3-4 per cent.
We remind that microfinance institutions to their clients have the minimum requirements. To obtain the credit you need only a valid passport. Small amounts of 2 to 30 thousand. rubles.
The law on consumer credit continues to grow into new additions. If more recently officials have proposed amendments that would protect the debtor, now deputies are ready to assist bankers in the question of penalties. 1: 1.
The Deputy Chairman of the State Duma Committee on financial market Anatoly Aksakov developed amendments that set the fixed size of a penalty for overdue loans. According to the newspaper Izvestia, “people’s elected” offers set fines at a level -0.1 0.05% of the outstanding amount for each day of delay.
Today, as we have informed, the penalty is tied to the refinancing rate of CB and is 1/360. Given that now the rate is 8.25% Apr, the amount of the fine in 0.02% per each day of delay. The deputies want to increase the current amount of the fine is at least 2 times, for a maximum of 5 times.
Its decision the deputies explain that soon the refinancing rate will be reduced, and thus debtors would pay less in fines.
You have to believe that increasing the size of the fines the legislators care not only about increasing income of bankers, but also try to improve credit discipline of Russians, which tends to deteriorate. According to the National Bureau of credit histories, for the year of debtors in Russia for 5 or more credits increased 1.5 times from 6.3% to 9.6%.
However, if the costs increase the discipline of borrowers, it is best to start with the banks. According to first Deputy Chairman Eugene Genbanka Luzina, some credit unions boldly zakreditovyvaût its customers, receiving a further long overdue or small client exits on delay. “All the same culture of consumer loans originated in our country very recently, and we must warn our borrowers and sometimes stop them from making hasty decisions in getting credit,” said the expert.