According to the Ministry of Finance, in 2016 in Russia there are more than 40 million debtors to banks. In other words, every third person has unfulfilled obligations to credit institutions. At the same time, only 8 million of them can regularly repay the loan. The numbers are disappointing. The number of overdue loans is also growing every year. What to do and what the delay in payments is fraught with - read in our article.
What is considered a loan delinquency?
The debt is considered overdue from the moment of the expiration of the terms of its repayment. Those. if the obligatory payment of the loan is scheduled, for example, on June 25, then already on June 26 the payment will be considered overdue. Starting from this day, the accrual of penalties and interest, which are specified in the loan agreement, will begin.
Short-term delay from 1 to 3 months
No matter how menacing the interpretation of the delay may sound, it is unlikely that any bank will begin to pursue its debtor the very next day. But the delay in payments from one to three months is already a cause for concern. In this case, as a rule, the bank gives a signal to its own security service. This is where the evil employees of the call center of the credit department come into play. Their duties include, to put it mildly, annoying the client and his relatives.
A person should not succumb to emotions and act adequately, calmly responding to incoming calls. It is important not to ignore the appeals and show your openness to solve the problem that has arisen. It is quite possible that it will be possible to come to a compromise with the bank. For example, to restructure the debt and start paying it off at least in small parts. If they continue to put pressure on a person and are not going to meet, and there is no opportunity to pay the debt in full, this is a direct road to court. Although such an option for the development of the situation is unlikely, because it is not profitable for the bank.
Overdue for a year or more
The hardest part begins after 3-6 months from the moment of delay in payments. At this stage, if payments have not started to arrive, the bank takes more stringent measures. Template reception - access to . Although it is currently illegal, unless the borrower has voluntarily given their consent to do so.
There are rules that govern, but in reality everything is far from being the case. Despite the prohibitions, they violate all boundaries and call anytime and to anyone, showering opponents with threats. There is no need to be afraid of them, in this case the law is on the side of the debtor. If “serious uncles” have reached the client of the bank, they are pursuing and threatening, the first one should contact law enforcement agencies with a corresponding statement.
Moreover, if a person did not give his consent to the transfer of debt to third parties and this clause is not in the contract, he can sue the bank itself. Such misconduct by credit institution must be stopped.
The problem is solved much faster if the loan was taken on the security of property. Then the lender will demand the realization of the last and full payment. After all the mandatory procedures for the sale, the case is closed. Nose non-purpose loans everything is a bit more complicated.
There is simply no such thing as an acceptable delay. It either exists or it doesn't. The actions of the bank are affected only by the duration of the delay. For 1-4 days, no one will take measures to collect the debt. But in a month or more, they can begin organizing the procedures that were mentioned above.
True, some conditions can be spelled out in . For example, from what date the accrual of penalty interest and penalties will begin. In order not to pay for a couple of days of delay, it is better to warn the bank in advance about a possible delay in payment.
Maximum loan delinquency
As well as the allowable, there is no maximum delay. The longer the loan is not paid, the angrier the bank employees become, and the tougher the recovery measures. However, it is worth mentioning here the term limitation period.
Immediately make a reservation, we are not talking about fraud, but such is the law. Namely, according to Art. 200 of the Civil Code of the Russian Federation, the limitation period is 3 years. During this time, the bank can file a lawsuit against the borrower for non-payment of the debt. If this does not happen, then the debt should be cancelled.
The loan can sink into oblivion for another reason. For example, if bailiffs could not find the debtor after the trial, the debt is written off after 3 years. In theory it sounds very good, but in practice it is difficult to execute.
The borrower should just evaporate. It is almost impossible not to leave traces by which bailiffs can find their object. After all, money is needed to live, and work is required to earn it. Also, you can't go anywhere. There are many nuances, and all this is quite complicated, so it is much easier to come to a compromise.
Possible actions of the bank and their rights are prescribed in Article 14 No. 353-FZ of December 21, 2013 “On consumer credit (loan)”. In case of late payment, the creditor has the right to demand from the debtor the full repayment of the loan ahead of schedule. It is necessary to pay all established by the bank interest.
But no matter how intimidating it may sound, the law is not so cruel to those who evaded payments. Lender who wants to get his money ahead of schedule, must set an acceptable payment date so as not to “drive” the debtor into a corner. At the same time, if the bank makes such a decision, then before that it is obliged to notify its “ward” with an appropriate notice. The terms of early payments should not be less than 60 days from the date of sending the notice.
However, it is worth noting that the bank is not entirely profitable. It is much more convenient for him to start calculating fines, penalties and other interest, stipulated by the agreement. This is especially applicable when a person misses payments only from time to time.
Do not forget that the same people work in banks, who may well enter into a position. If you do not tighten the problem to a critical state, then all this can be avoided. If the client understands that he is in a particular month, he should contact the bank. During the visit, explain the situation in detail and ask for a deferral of payment. This will avoid the accrual of interest and penalties.
If a person continues to ignore his obligations, the bank may go to court. The latter, of course, will make a decision in favor of the creditor and establish measures that will help recover debts from the defaulter.
Often it comes to bailiffs, who can legally deprive the borrower of his property. Of course, everything is within reason. No one takes too much, everything is exclusively in the amount of the loan amount.
But the court has its positive sides, even for a bank client. The main part of the banks in an active desire to make money on everything "that moves" sometimes goes beyond the reasonable. This, first of all, is expressed in overestimated interest on the loan in case of delay. In just a couple of months, the amount of payments can reach unprecedented heights and become an unbearable burden for the borrower. And this is where the judge comes to the rescue. According to article 333 of the Civil Code of the Russian Federation, the interest rate on the penalty may be reduced.
However, this only applies to penalties. Main interest charges loans remain unchanged. If the money is taken, even at high interest, it will have to be paid back. This is due to the fact that the borrower initially agreed. Therefore, it is so important to consciously go to the signing of the contract, and, if possible, look for more profitable terms.
The rights of the parties and possible solutions at the legislative level are stipulated in No. 353-FZ “On consumer credit (loan)”. Some situations, for example, reduction of the penalty, limitation period, etc. stipulated in the Civil Code of the Russian Federation. If necessary, you can contact him to resolve problems.
But it should be clearly understood that professional lawyers work on the part of the bank, and there are “loopholes” in all laws. An unprepared person is unlikely to be able to study the code "on the case" in a couple of days. Therefore, if necessary, it is better to turn to professionals who will explain how to correctly interpret and apply this or that article. Today, there are charitable organizations working on a pro bono basis that help people who have fallen into debt hole. There is no need to be shy about asking for help, otherwise the financial loop will begin to tighten more.
First of all, if the client has a delay on the loan, there is no need to hide from the bank. You should answer his calls, speak in a calm tone and show a willingness to solve problems. It is important to explain what exactly caused delays in payments. As a rule, if the reason is good, such as losing a job, then the bank is coming for concessions and restructuring. Very understanding banks can arrange "loan holidays" for certain time until the person settles down new job.
If the credit institution does not meet halfway and continues to accrue huge penalty interest, the client has the right to file statement of claim. Having correctly argued his position before the law, a person has every chance of reducing interest on late payments and, possibly, revising the terms of payments.
To increase the chances of winning in court, you should prepare indisputable evidence of the reasons that led to the current situation. But, as a rule, it is not in the interests of the bank to bring the case to court, so he tries to resolve the matter amicably. In this case, there is only one solution - to act according to all the rules of the agreement that was reached between the parties.
How to pay off an overdue loan
The banking system is designed in such a way that the main part of the payment, especially at first, is aimed at repaying interest. Proper payment of an overdue loan occurs according to decision parties (to the agreement). If the delay was small (several days), then you should call the bank and clarify how much you need to deposit. All payments must be coordinated with the bank so that there are no surprises in the future.
- If you see that your rights are being violated, do not be afraid to sue the creditor.
- Do not hide from the bank, this will only make the situation worse.
- Do whatever you can to prevent the problem. Check with the bank in advance what to do if there are situations with short-term delays.
Loan delinquencies can occur for various reasons (unexpected circumstances, illness, departure, birth of a child, job loss, unplanned expenses). In such cases, it is important not to panic, but to analyze all the options and choose the most suitable one to solve the problem.
The concept of delay
Loan arrears are cash not returned to the creditor. If there is a delay on the loan, the bank may take the following actions in relation to the debtor:
- penalties and fines are charged in case of non-repayment of money within the period established in the contract (in accordance with Article 395 of the Civil Code of the Russian Federation);
- file a claim with the court to recover the debt from the borrower.
Loan with delinquency and bad credit history
A loan with delinquency and bad credit history can be obtained with a minimum number of documents, but at a higher cost (from 1 to 3% per day). Therefore, before applying to the bank for a loan, it is better to correct the history by applying for a new loan. To do this, you need to contact a bank specializing in issuing loans to correct your credit history. Such services are provided only by some microfinance institutions and their cost is quite high. If the borrower fulfills the obligations within the period specified in the agreement, then the information about the borrower is sent by the microfinance institution to the Credit History Bureau.
Loan arrears - what to do?
Depending on the time during which the payment was not made, delays are of the following types:
- 1 month. Such a delay is not considered a problem. Usually, to pay off debts, bank employees call customers, send SMS. In order to avoid difficulties with obtaining a loan in the future, it is better to pay off the debt as soon as possible. In this case, you must first decide on the date of repayment of the debt and inform the creditor about it. It is also worth writing a statement and explaining the reasons due to which the payment was not made on time. If the client is interested in repaying the debt, the bank may decide in his favor;
The agreement with the bank usually prescribes all the conditions and sanctions that may be applied depending on the period of non-payment of the debt. Therefore, you should carefully study this document.
- 3 months. If there is such a delay, it is better not to try to hide from bank employees, but to constantly contact them (answer calls, call back, try to inform the creditor about the change in the situation regarding debt repayment, deposit small amounts to pay off the debt). Such actions will characterize the client with positive side if the creditor filed a claim with the court, because the borrower made efforts to establish a dialogue with the bank. If the borrower stops communicating with the lender, then bank employees will call his relatives and the management of the company where he works.
In this situation, the bank can offer the client the following assistance:
Cancel penalties in the event of a one-time repayment of the principal debt;
Reduce the monthly payments you need to make by extending the term of the loan;
Restructure the loan (change the amount and terms of payment, repay the debt by exchanging it for a share in the property, write off part of the debt).
- 5 months. In the presence of such debt, it is necessary not to hide from bank employees, but to look for ways to solve the problem. One of the options in this case may be the borrower's assessment of its own material resources and the proposal to the bank of a way to repay the debt. To confirm their own interest in repaying the debt, the client may pay small amounts, which will help to avoid entering it into the list of persistent defaulters;
- 6 months. Such debt is long-term. After receiving written warnings and reminders from the bank, you should not panic, but adhere to the formal side of communication with the bank (keep all documents, receipts, statements, confirmations). In the application, it is necessary to justify the reason for the delay, additionally attach documents (extracts, certificates) to it. To solve the problem, it is worth considering the possible options for repaying the debt and offering the bank the most optimal of them. When writing an application addressed to the director or employees of the bank, it is necessary to accurately indicate their full name. and date;
- 1 year. Usually in such cases, the bank prepares required documents to go to court or decides to refer the case to debt collectors. If it was not possible to resolve the problem peacefully before the filing of the statement of claim, then we should expect a subpoena or communication with collectors. To exclude illegal actions on the part of collectors, it is worth asking what rights and obligations they have.
To increase the interest on the loan and the amount of the fine, the bank may delay taking the case to court. This is one of the ways a lender can make money.
In the event of illegal actions against the borrower (for example, making threatening calls), it is necessary to prepare a claim with detailed description situation in her. Recording of conversations on a voice recorder and saved phone numbers from which threatening calls were made can serve as evidence.
Solving the problem of delinquency through refinancing
If it is impossible to resolve the problem with late payments on your own, you can contact the bank for refinancing. When refinancing is issued new loan to redeem the past. This procedure may be carried out by the previous creditor or by another who operates under the same system. Before refinancing, an assessment of the client's solvency is mandatory. If the client allowed deliberate delays earlier, then the bank may refuse to refinance.
As a result of refinancing, the lender can:
- reduce the amount of payments;
- increase the terms of loans;
- reduce the interest rate.
If there are several overdue loans, it is necessary to clarify with the bank about the possibility of refinancing by combining these loans into one, and also contact other banks to obtain such information.
How is refinancing done?
Refinancing is:
- obtaining a loan from another bank;
- payment by the creditor of the debt of the client in the former bank. If the amount of the new loan exceeds the debt in the old bank, the client can dispose of the money at his own discretion;
- re-registration of collateral with another bank (when refinancing at the bank that originally issued the loan, the collateral does not need to be re-registered).
Assistance in obtaining a loan with open delinquencies
In the presence of debt, it can be difficult to get a new loan, since the bank in each case finds out the reasons for the appearance of debt. The following options can be used to resolve the issue:
- refinancing (on-lending);
- use of credit for payroll projects;
- obtaining a loan without providing income statements;
- securing a guarantee with the help of third parties or by making a pledge.
Help in providing a loan may be required for people who find themselves in a difficult financial situation. More often, this service is used by clients who have been refused loans by banks due to bad credit history.
In this case, for assistance, you can contact:
- To credit brokers. When applying for the provision of such services, it should be borne in mind that brokers must have state registration. Since brokerage assistance can be offered by scammers who promise customers to get a loan without documents and offer to make an advance payment, after which they do not fulfill their obligations. In such cases, it is possible to initiate a criminal case due to the provision of fraudulent documents to the bank by fraudsters.
Credit brokers with state registration provide the following services:
Assistance in obtaining a loan. When providing services to customers with a bad credit history or delays, all the reasons that led to such circumstances are clarified;
Finding the best loan option for each specific client;
Teaching the rules of communication with employees financial institutions;
Preparation of necessary documents in accordance with the requirements established by law.
- to a private person. If the bank refuses to issue a loan due to delays, you can use the services of a private person to obtain a loan. Today there are enough such proposals. Obtaining a loan from a private person does not contradict the norms of the current legislation, but for this it is necessary to draw up certain documents. To obtain a small loan amount, it is enough to issue a receipt indicating in it the data of both parties and the terms of the loan. If you need to borrow a large amount, an agreement is concluded, which in without fail certified by a notary;
- to bank employees. When assisted by bank employees, the client is more likely to get a loan even with open arrears, since bank employees are more aware of the conditions that must be met in order to make a positive decision. In this case, the cost of the service can range from 2% to 20% of the total loan amount, depending on the amount of money requested by the client. Assistance in making a positive decision can also be provided by security officers. But according to such a system, illegal actions can also be committed, as a result of which it will not be possible to take a loan.
Payment for the service should be made only upon completion of the transaction. Bank employees should not be involved in assisting clients in obtaining a loan, but their interest is related to the possibility of obtaining additional income with the approval of each loan.
Get a loan on the most favorable terms for the client and reduce possible risks at a minimum, you can contact our lawyers who will help you draw up an application and conclude a deal in accordance with the requirements of current legislation.
Anna asks
Please tell me what to do? I took out a loan a few months ago. But I got fired from my job. While I was getting a new job, there was a delay in the loan, what should I do? How will the bank behave and what do I need to do now so as not to earn even more debt?
Statistics show that 62% of Russians have taken a loan at least once in their lives, and 42% remain in debt to this day. There was a particularly strong boom in loans in 2017.
Some improvement in the labor market, increased wages, as well as the emergence of many credit opportunities and programs from banks, led to the fact that the number of loans to the population increased.
However, not everything is so optimistic. Often people cannot calculate their capabilities.
What to do if there is a delay on the loan?
What to do if you took out a loan, but found yourself in a difficult situation and cannot pay your debt? If there is a delay on the loan, what to do in this case?Such questions often arise in insolvent borrowers. And the answer to such questions is a logical advice - to urgently find funds and repay the loan. But there are no funds.
If they were, then the borrower would not be in such a situation. Take another loan? This is not possible if there is already a current delay.
The main and first advice in this case is not to hide from the bank and not try to avoid paying the debt. After all, the bank is no less interested in resolving the issue than you. Does he want to leave a debt for you and not get back the funds issued?
If your difficulties are temporary, you need to call the bank and warn about it. If you understand that financial difficulties will drag on, you need to come to the bank and write an application for the restructuring of your debt.
Indeed, in this case, for some time you get the opportunity to pay only percentage and debt payments will be suspended. This will help you recover and reduce your cash burden.
Usually the question - "what to do if there is a delay on the loan" arises already at the moment when there is a large debt, and enough time has passed to form the image of an unscrupulous payer.
In this case, you should immediately inform the bank, always in writing, about your financial difficulties. Moreover, it is necessary that the incoming number be affixed to your letter, and you have a copy of this letter.
You can also try, before restoring your financial position.
You can also hire a lawyer. And you can handle it yourself. In any case, the goal of your actions should be to avoid looking like a malicious defaulter in front of the bank.
You must understand that the bank is interested in repaying the debt and will definitely meet you. But even if the case is brought to court, there is no need to despair. It is in your interest to complete the process as soon as possible.
And in no case can one avoid responsibility if the court decision has already been made, because it is an unpleasant thing.
Getting a loan these days is not difficult, it is much more difficult to repay it on time in full. The economic situation in the country is rather unstable, so anyone can find themselves in a difficult financial situation. Thus, the delay in payment of a loan is not uncommon. In our article, we will consider cases when the borrower is not able to repay the debt on time, what powers do banks have in similar situation and possible solutions to the problem.
From this article you will learn:
Types of loan arrears
Loan payments can be late for a variety of reasons. If, for example, wages were delayed at work, but the required amount was not in free use. Or I had to spend a large amount on the treatment of one of the family members, and also borrowed additional funds. A sudden departure can also cause a delay. It only takes a month to be late with the payment for the bank to put the person on the list of unwanted customers and credit history was spoiled.
In the daily hustle and bustle, anyone can forget about the monthly loan installment, so a delay in payment of one or two days happens quite often. Also, do not forget that in order to banking operation it takes some time, so funds deposited on the last day specified in the payment schedule can only be credited to the account after 2-3 days. Payment made by Russian Post or electronic payment system, will pass even later - the operation may take several days. All these nuances must be kept in mind when paying a loan.
It is also impossible to exclude various failures in the operation of programs and payment systems. The best way out is to have a few days left. What is the risk of late payment on the loan? The lender is not interested in the reasons that prompted you to miss the monthly payment, in any case, there will be a penalty in the form of a fine or interest, and a long delay in payment will worsen your credit history. The longer the debt accumulates, the more likely it is that the creditor will file a lawsuit or turn to collectors to “knock out” the debt.
Delay in loan payment 1-3 days
It is not uncommon for banks to classify delinquencies according to their duration. If delays occur constantly and are 5 days or more, it is likely that the client will eventually refuse to pay the loan at all. The way the creditor interacts with the debtor depends on the length of the delay period.
Short delays, not exceeding an average of three days, will not result in serious sanctions from the bank. Quite often, such delays are the result of violations in the operation of services.
Employees of a credit institution can remind the client of the need to make the next payment in the following ways:
- by SMS;
- calling by phone;
- through internet banking.
Some financial institutions include the possibility of this kind of delinquency in loan agreement in order to protect the client from unnecessary expenses. The main thing is that such delays do not become a pattern and do not force the lender to come to disappointing conclusions about the intentions of the borrower.
For your own peace of mind, it is better to avoid even minor delays. If possible, make payments on time or ask the bank for an official deferment of the monthly payment. By itself, a delay of 1-2 days is not so terrible, but it may affect the decision to issue a loan in this organization in the future.
Delay in loan payment from 7 to 30 days
The worst solution to the problem in case of delay would be to avoid communication with representatives of the credit institution. In most cases, the issue can be resolved without bringing the matter to court or selling the debt to collectors. A delay of up to 30 days, of course, will not please the creditor, but will not entail serious punishment. Telephone reminders will be provided on a regular basis until the debt is repaid. TO negative consequences negative marks in the credit history can be attributed, which will serve as an obstacle to obtaining loans in the future.
It is desirable that the delays do not reach calendar month. If you think that you will not be able to pay the required amount before the 30 days expire, come to the bank in advance to find out how you can get out of this situation. You will need to provide documentary evidence of the reason for the delay (an extract from a medical institution, a certificate of a change of job, etc.). It is possible that the bank will allow you to temporarily pay an amount less than prescribed in the contract until your financial situation stabilizes.
There are many ways to solve a problem with a late payment on a loan, but most of them, such as restructuring a loan or deferred payment, are available to customers whose delay period has not reached 30 days. In addition, previous credit history is of great importance. If the client has several loans in the past that were paid back with delays or not in full, there can be no talk of any leniency on the part of the lender.
Loan payment overdue for more than two months
Delays in monthly payments for more than 30 days entail serious consequences in the form of penalties and other, more severe penalties. Such a client is automatically blacklisted by the credit institution. Such long delays are sufficient reason for the visit of bank employees to the debtor's house. Reminders in writing will also constantly appear in the mailbox. Remember also that the bank has the right to turn to the services of a collection bureau if the delay in payment on the loan exceeds 3-5 months.
It is likely that a bank that has lost hope of repaying the client's debt may take the case to court. And by decision last loan will be paid with funds deducted from wages or received from the sale of property seized from the debtor.
In this case, you will need the help of a good lawyer. Salvation can be the timely submission to the bank of documents confirming a good reason for the delay. If there are none, you should go to lawyers. To get advice, just go to the legal website and ask a question on the forum.
What additional payments the bank has the right to accrue
Any payment on the loan made later than the date specified in the agreement is a delay in the payment of the loan. A delay of even one day can be regarded as a delay, as a result of which penalties will be applied to the borrower. To them under Art. 330, paragraph 1 include:
- fines- a one-time penalty applied to each delay. So, if the amount of the fine is 100 rubles, for three months of delay the debtor will be obliged to pay 300 rubles.
- penalties– additional interest accrued according to the delay in payment. In the event of a long delay, the amount of the penalty will exceed the amount of interest on the loan.
If fines and penalties have also not been paid, they will no longer be able to charge a penalty for them.
The amount of the penalty is calculated based on 1/360 of the refinancing rate (currently this figure is 7% per annum) for each day of delay in payment (Article 395 Civil Code RF).
Calculate the penalty for specific example based on the above data. If a citizen borrowed 300 thousand rubles for two years at 21.5% per annum, his monthly annuity payment is 9,370 rubles. Having missed two payments, he was overdue by 40 days. Accordingly, the penalty accrued for the specified period will be equal to 89.48 rubles.
9,370 * 30 * 0.0191 / 100 = 53.69 (rubles) - a penalty for late payment on a loan for one month.
(9370 + 9370) * 10 * 0.0191 / 100 \u003d 35.79 (rubles) - a penalty for delaying two payments for 10 days of the second month.
53.69 + 35.79 \u003d 89.48 (rubles) - the amount of the penalty for 40 days.
Since the amount of the penalty is very modest, the creditor can use paragraph 2 of Art. 332 of the Civil Code of the Russian Federation, according to which, by mutual agreement of the parties, the amount of the fine can be increased. This clause is included in the contract at the stage of its preparation, and in the event of a delay in payment, the bank will charge interest significantly higher than the refinancing rate indicated by the Central Bank on completely legal grounds.
There are situations when the bank assigned excessive interest on arrears. Then the client on the basis of Art. 33 of the Civil Code of the Russian Federation applied to the court with a request to cancel the payment of the penalty due to the inconsistency of its size with the violated obligation. In this case, the court may recognize the amount of the fine as excessive and refuse the creditor to satisfy the borrower's demand for its payment. Since the court, as a rule, takes the side of the client in such cases, most financial institutions try not to impose exorbitant penalties.
Let us dwell in more detail on the amount of fines for late payment on a loan in Russia.
Amounts of fines in banks of the Russian Federation
Above, we calculated the amount of interest for overdue loans at 300 thousand rubles at 21.5%, where the annuity payment was 9,370 rubles. Now, using the same example, we calculate the sum of fines in three different banks: Sberbank, Alfa-Bank and VTB. We will take the same amounts and the same terms of loan repayment as a basis.
So, according to the state of penalties in the listed banks for 2019, the amount of penalties will be as follows:
- The fee for breach of obligations in Sberbank is 0.5% of the amount of the overdue payment. Consequently, the amount of the fine for 40 days is 2,342.5 rubles.
- The size of the fine in Alfa-Bank is much higher and amounts to 2% of the amount of the overdue payment. Thus, the penalty for 40 days of delay is equated to the amount of the monthly loan payment - 9,370 rubles.
- The interest charged for late payment on a loan at VTB is close to the penalty at Sberbank - 0.6%. This means that a fine for 40 days will cost the debtor 2,811 rubles.
You do not need to be an economist to understand that the listed fines are many times higher than statutory the amount calculated according to the refinancing rate. According to him, the amount of the penalty would be only 89.48 rubles, which, of course, is unprofitable for representatives credit institutions. Banks can apply a number of methods for calculating fines, which we will discuss in more detail below.
The main types of penalties
These include the following four types:
- The most common is the option with the daily accrual of interest for late payment on the loan. We examined it using the example of three well-known banks in the Russian Federation.
- Penalties with a constant payment amount, regardless of the period and frequency of delay (500 rubles for any delay).
- Penalties with a constant amount of payment, increasing in accordance with the duration of the delay (the first delay - 500 rubles, the second - 600, the third, etc. - 800 rubles).
- Interest calculated on the basis of the remaining amount of the loan, which is accrued daily until the debt is repaid or at a time - once a month. This practice is extremely rare in our country. So, if the loan balance is 100 thousand rubles, and the overdue payment is 3,000 rubles, a fine in the amount of, for example, 2% of the balance (2,000 rubles) is payable.
Sometimes credit organizations use two methods of working with debtors at once: they impose a fine with a constant amount, and an additional 0.2–1% of the debt amount. In addition, other methods of persuading the client to repay the debt can be used.
Loan restructuring - a way to reduce the risk of late payment
No one is insured against late payment on a loan, so there is no need to panic. You can find a way out of any situation, especially since the practice of communicating with banks convinces that a conscientious borrower is usually met halfway. We offer you a plan of action in such a case.
Step 1. Submission of an application to a credit institution with a request to restructure the debt.
This should be done before the amount of debt becomes unsustainable, and the delay period exceeds six months. The earlier the application for restructuring is submitted, the higher the probability of obtaining approval from the bank.
If the lender agrees to meet you, you will be able to:
- avoid going to court;
- deal with fines and penalties;
- reduce the amount monthly payments.
Step 2. Consult with experts.
Ask for help from bank employees, they will be able to give you detailed information about the possibility of debt restructuring.
Ask what type of restructuring is right for your situation. What documentation do you need to prepare for this procedure. Are there any other solutions to your issue.
Obtaining information will help you better understand the problem, collect the necessary information and documents, and complete the case as soon as possible.
Step 3. Providing a full package of documents.
In addition to the application for debt restructuring, the bank will most likely require you to provide a passport, a loan agreement, and a 2-personal income tax certificate.
In addition, the creditor may request confirmation of the reasons for the delay in payment.
Supporting documents include:
- an extract from a medical institution;
- employment history with information about the dismissal;
- certificate from the labor exchange on the status of the unemployed.
Step 4. Waiting for a positive decision of the bank.
When all the necessary documents have been collected and submitted to the financial institution, you just have to wait for notification of the bank's decision on the issue of debt restructuring. As a rule, consideration of the application takes no more than seven working days, since the creditor is also not interested in a long delay in payment.
It happens that the bank does not consider it necessary to inform the borrower in a timely manner about a negative decision. Therefore, after a week from the date of application, you can contact the bank to receive a response.
Step 5. Get an updated payment schedule.
If financial institution approved your application for restructuring, you need to come to the bank branch in your place of residence to sign a new agreement.
The list of documents attached to the loan agreement also includes an updated schedule of monthly payments. After reviewing it, you will find out what the new amount and term of payment will be.
Natalia Ivanova lives in a small town in the Republic of Tatarstan. By right of inheritance, after the death of her grandmother, she received one-room apartment that needed repair.
Since the girl did not have the necessary amount in her hands, she applied to Sberbank for a loan of 100 thousand rubles for a period of one year. The loan agreement was accompanied by a monthly payment schedule, according to which she had to pay 8884.88 rubles per month.
Payment schedule for consumer credit Natalia Ivanova:
| month number | Principal payment | Loan interest | Total monthly |
| 1 | 7884,88 | 1000,00 | 8884,88 |
| 2 | 7963,73 | 921,15 | 8884,88 |
| 3 | 8043,37 | 841,51 | 8884,88 |
| 4 | 8123,80 | 761,08 | 8884,88 |
| 5 | 8205,04 | 679,84 | 8884,88 |
| 6 | 8287,09 | 579,79 | 8884,88 |
| 7 | 8369,96 | 514,92 | 8884,88 |
| 8 | 8453,66 | 431,22 | 8884,88 |
| 9 | 8538,20 | 346,68 | 8884,88 |
| 10 | 8623,58 | 261,30 | 8884,88 |
| 11 | 8709,81 | 175,07 | 8884,88 |
| 12 | 8796,88 | 87,97 | 8884,88 |
| Total | 100000,00 | 6618,53 | 106618,53 |
At the time of receiving the loan, Natalia had a steady job and a stable income, she had just received a position as a senior manager at a local restaurant.
However, as a result of an accident, she broke her leg and was temporarily left without wages. After spending a month in the hospital, Natalia came to a disappointing conclusion: the loan payment deadline is approaching, and her funds are not enough to make the payment.
Before things take an unpleasant turn, the girl filed an application with Sberbank asking for a loan restructuring. It took 10 days to consider the application, after which the bank approved Natalia's request.
During her next visit, Ivanova was given an updated monthly payment schedule. By extending the loan term to two years, the amount of the payment has halved.
New monthly payment schedule:
| month number | Principal payment | Loan interest | Total monthly |
| 1 | 3707,35 | 1000,00 | 4707,35 |
| 2 | 3744,42 | 962,93 | 4707,35 |
| 3 | 3781,87 | 925,48 | 4707,35 |
| 4 | 3819,69 | 887,66 | 4707,35 |
| 5 | 3857,88 | 849,47 | 4707,35 |
| 6 | 3896,46 | 810,89 | 4707,35 |
| 7 | 3935,43 | 771,92 | 4707,35 |
| 8 | 3974,78 | 732,57 | 4707,35 |
| 9 | 4014,53 | 692,82 | 4707,35 |
| 10 | 4054,67 | 652,68 | 4707,35 |
| 11 | 4095,22 | 612,13 | 4707,35 |
| 12 | 4136,17 | 571,18 | 4707,35 |
| 13 | 4177,53 | 529,82 | 4707,35 |
| 14 | 4219,31 | 488,04 | 4707,35 |
| 15 | 4261,50 | 445,85 | 4707,35 |
| 16 | 4304,12 | 403,23 | 4707,35 |
| 17 | 4347,16 | 360,19 | 4707,35 |
| 18 | 4390,63 | 316,72 | 4707,35 |
| 19 | 4434,54 | 272,81 | 4707,35 |
| 20 | 4478,88 | 228,47 | 4707,35 |
| 21 | 4523,67 | 183,68 | 4707,35 |
| 22 | 4568,91 | 138,44 | 4707,35 |
| 23 | 4614,60 | 92,75 | 4707,35 |
| 24 | 4660,68 | 46,61 | 4707,35 |
| Total | 100000,00 | 12976,34 | 112976,34 |
This procedure helped to reduce Natalia's credit burden. The increase in the loan term and the amount of overpayments was not a problem, since the girl planned to pay off the loan ahead of schedule, which did not contradict the terms of the loan agreement.
Step 6. Conclusion of a new loan agreement on different terms.
Having received a new payment schedule and familiarized yourself with it, you can sign a new agreement with a credit institution.
Never sign contracts without looking! Read the text carefully (especially the small print), ask if something is not clear, and only if everything suits you, put your signature.
Points to pay close attention to:
- the new contract must necessarily indicate that the previous contract is closed and no longer has legal force;
- there should not be a new clause stating that the creditor in unilaterally has the right to raise interest rates on the loan.
Is it possible to refinance a loan with overdue payments?
At first glance, it may seem that the presence of delays does not matter to the bank. It is enough to include the amount of fines and penalties in the amount of refinancing. However, the recalculation of a loan with arrears is not included in the circle of interests of financial institutions.
Trust in a client who has already overdue payment is lost. The bank cannot be sure that the renewed loan will be repaid on time.
Sometimes a loan refinance cannot be approved due to a public hearing.
But main reason possible refusal lies nevertheless in distrust on the part of the creditor. What is the probability that a person will not overdue new payments? In this case, there will be much more problems from this client than profits.
You can try to refinance the loan in your own bank. In some cases, bank employees themselves offer such a solution to the problem. The amount of the new loan includes fines and penalties, and its term is increased. Experts do not recommend accepting such an offer if the reason for the delay was quite serious.
You can try this method: submit an application for loan restructuring to your bank, attaching documents confirming a sharp deterioration in the financial situation (long-term medical treatment, parental leave, loss of legal capacity and disability, dismissal from work, etc.). The application must be accepted and considered, after which the bank is obliged to provide a response in writing.
If there is a negative answer, the borrower can file a claim with the court. With a favorable outcome, the court will decide to write off fines and restructure, since the grounds for this were sufficient.
Clients who take out a loan to pay off an overdue loan from another bank must be informed that the loan is problematic.
Refinancing of problem loans is possible if:
- on-lending applies to several large loans, among which only one is in arrears;
- among the loans subject to refinancing, there are collateral, and after closing them in other banks, the borrower is ready to re-register the collateral in a new one;
- the period of delay does not exceed 30 days;
- the client receives a salary through the bank in which he wants to refinance.
In fact, banks do not often refuse borrowers who want to refinance an overdue loan. In the case of additional guarantees, involvement of co-borrowers or guarantors, as well as security in the form of real estate or a car bank can meet a problem client.
Don't expect to benefit from refinancing a large loan such as a mortgage or auto loan. For loans without delinquency, more favorable terms may be offered with a reduction interest rate. But when we are talking about late payments on a loan, the maximum benefit is to receive funds and get rid of problems in the form of lawsuits and communication with collectors. Thus, fines and penalties will stop accumulating, and it will be possible to safely continue to repay the loan as usual.
Documents for refinancing a loan include:
- certificate of all income, both basic and additional;
- work book (copy certified by a notary);
- information about dependents in the care of the borrower;
- loan agreements for all open this moment loans, including those that are not subject to refinancing;
- documents evidencing the property owned by the borrower that can be used as collateral (if real estate or a car is already acting as collateral in other banks, you need to check with an employee of a credit institution about the possibility of using them again).
Co-borrowers should also prepare a list of required documents. The amount of monthly loan payments can be reduced by extending the loan term.
If a client refinances a loan at another bank without any delay in payments, a certificate of the balance of the debt or permission from the bank to refinance may not be needed. However, when we talk about loans with arrears, such papers must be provided.
note that the period of validity of the certificate of the amount of debt with the fines included in it is short, so you should not delay it. Submit the document to new bank as soon as they give it to you in the old one. It will not be possible to submit an online application, since the information provided on all banks' websites states that they do not refinance overdue loans. Nevertheless, in each case, there may be loopholes for which you need to come to the bank in person.
It is better to have a passport with you, all open loan agreements, certificates of ownership of the property that will act as loan security. At the bank branch, you will need to write an application for refinancing, not forgetting to indicate that there is a delay on the loan. Attach copies of the required documents to the application and wait for the decision of the bank. To report the results of the consideration of the application, the bank can call by phone, send a letter (as well as email or SMS) with a notification, or call you personally. As a rule, it takes no more than seven working days to consider the application.
If the bank has accepted the application, the possibility of issuing a pledge or attracting a guarantor will be further discussed. Then a loan agreement is drawn up and signed. The rate in this case will be at least 20% per annum, and in some cases it reaches 30%. Its size is influenced by many factors (loan amount, delay period, etc.).
A loan repayment certificate will not be required if the money after refinancing is transferred directly to the current account. If the client closes the loan on his own, he is obliged to obtain certificates of repayment of the loan and the absence of claims from the lender.
However, the new bank may request the relevant certificates in any case, in order to be safe. Experts recommend taking such a certificate, even if no one asked for it. This will serve as confirmation of your release from obligations to the previous creditor.
If you have existing loan arrears - what to do? For starters, don't panic. It is impossible to predict all events. If there is a delay, it is necessary to competently approach the issue, take into account all aspects of the situation. Delays can be due to unplanned circumstances, the birth of a child, departure, additional expenses, job loss, illness.
What you need to know about loan delinquency
- First, delay - money that the debtor did not return to the creditor
- Secondly, if the borrower does not return these funds in fixed time The bank may charge fines and penalties. This possibility is guaranteed by Art. 395 of the Civil Code of the Russian Federation
- Thirdly, the bank can go to court to recover the debt of the borrower
Depending on the amount of overdue time, there are several types of delays.
- Monthly delay on loans - what to do?
This type of delay is not problematic. During this period, bank employees are required to contact you by calls, sms mailings. In order to avoid difficulties in obtaining a loan in the future, you need to repay it as soon as possible.
Decide on the repayment date, inform the bank employees about it. Submit a written application to your creditor explaining the reasons for not allowing you to repay the debt on time. The more you show interest in eliminating debt, the more likely it is that the bank will meet halfway. Study the contract with the bank, where the nuances and sanctions are prescribed, depending on the duration of non-payment of the debt.
- Delay on the loan 3 months - what to do?
The main rule is not to hide from bank employees. You need to pick up the phone, call back, constantly be in contact with them. Try to notify the bank about the news, make small contributions to the debt. You will be provided with receipts, and if the case goes to court, this will characterize you as a person who tried his best to establish a dialogue with the bank.
The lender will call your relatives and superiors if you stop communicating with him.
How can the bank help in this situation?
- Subject to a one-time repayment of the main debt, the bank can cancel penalties
- The bank may extend your loan but reduce your monthly payments
- Loan restructuring. The bank can change the terms and amounts of payment, exchange the debt for a share in the property, write off part of the debt. More on this below.
- Delay on the loan 5 months - what to do?
The bank is condescending towards borrowers who are not hiding, but are looking for ways out of the situation. For 5 months of delay, you most likely evaluated your own material resources, you can offer repayment options to the bank.
Pay small amounts so as not to be blacklisted by the lender. By doing this, you confirm your interest. A malicious defaulter has almost no chance of justifying himself.
- Delay on the loan 6 months - what to do?
This debt is long term. Written warnings and reminders come from the bank. No need to succumb to provocations, panic. Make sure that your communication with the bank does not lose its formal side: keep all documents, applications, confirmations, receipts.
In applications, justify the reason for the delay, attach the necessary documentation (certificates, extracts), offer your options for solving the problem, schemes for the development of events, accurately indicate f. And. O. employees, directors of the bank, in whose names you are writing applications, put down the dates correctly.
- A year of delay on the loan - what to do?
Most likely, the bank is preparing the necessary documentation for litigation or referral of the case to collectors. Still try to resolve the issue peacefully. If you managed to evade communication with the creditor during the year, then a subpoena or transfer of the case to collectors is an inevitable event. It would be useful to familiarize yourself with the rights and obligations of collectors in order to be prepared for their possible actions.
Keep in mind that the lender may delay taking the case to court in order to increase the interest on the loan and the amount of the fine. Banks make money on this. When a creditor carries out illegal activities in relation to you, threatening calls are received, it will not be superfluous to write a claim, describing the situation in detail. You can record conversations on a voice recorder, save phone numbers from which threats are received.
Loan refinancing
In case of long delays on a mortgage, the bank may offer to repay the loan with the proceeds from the sale of housing. At the same time, the client can himself look for the most profitable option for selling real estate in order to repay the debt as soon as possible. In the event of a critical situation - large sum debt (over 500,000), long term non-repayment (more than a year), difficult living conditions - it may make sense to think about declaring yourself bankrupt.
The most important thing before signing a loan agreement is to realize your payment options, study the loan agreement, the nuances regarding delays. Always keep track of loan repayment terms. If these delays in obligations have occurred, then there is no need to hide from the bank. His employees will meet halfway, will treat the situation more condescendingly if your behavior is active and adequate.
