Updated 09/21/2017.
Getting a loan without insurance is a very difficult task. Although our insurance is voluntary in most cases, bank employees quite often tell customers that without registration insurance policy The bank just won't give you a loan.
You should not blame ordinary employees for this, they just follow the instructions and orders of their credit institutions. They have a sales plan, for failure to comply with which they are deprived of bonuses, reprimands, etc.
In this article, we will consider in which cases it is possible to take out a loan with the execution of imposed voluntary insurance, and then return the money for this very insurance, using the cooling period.
Earlier I already wrote about this possibility in an article, today we are faced with the task of compiling step by step guide: "How to return money for insurance on a loan."
Return of loan insurance: instructions
1 Cancellation of insurance during the cooling period. We read the new law.
First of all, you need to know your rights.
UPD: 09/21/2017
In the issue of refusal of collective insurance, there is another pleasant exception, VTB Bank. The clients of this bank have a successful experience of returning money in case of refusal of collective insurance, and this right is not spelled out in the contract, but in fact.
● Make sure that interest rate on the loan will not increase in case of cancellation of insurance.
The Bank may provide in the insurance contract different rates on a loan with and without insurance. Formally, the bank does not violate anything, and it cannot be convicted of imposing an additional service on you. Insurance will not be an imposed service, since the client had the choice to take a loan with insurance at a lower percentage or without insurance at a higher one. We considered this situation in detail in the article.
Quite often, there is no mention in insurance contracts that the interest rate on a loan will increase without insurance.
3 Application for cancellation of insurance. Sample.
You must have time to submit an application for cancellation of the insurance contract within 5 working days ( UPD: 09/21/2017 From January 1, 2018, the cooling period is extended to 14 calendar days). There are two ways to apply for insurance cancellation:
● take it directly to the office of the insurance company (namely the insurance company, not the bank). It is important that your copy has a note that the application was accepted on such and such a date, so that you have evidence in your hands that you were on time.
● send an application to the insurance company by registered mail with a description of the attachment. Moreover, the date of sending the letter is important, not the date of receipt. So do not worry that you will miss the 5-day deadline due to the slowness of the Russian Post.
You can ask the insurance company directly for a sample application for waiver of insurance. Any special requirements and standards for appearance there is no such statement. The main thing is that your personal data should be indicated there, the number of the insurance contract that you want to terminate, and the details of the account where the insurance company must return insurance premium. An example text can be viewed from the company "Sberbank Insurance" , Alfa Insurance or, for example, the company "Renaissance Life" .
This is what an application for waiving insurance from Sberbank Insurance looks like:
Some companies require the original insurance contract to be attached to the application, or any additional documents. For example, "VTB Insurance" requires, together with the application for refusal of insurance, to provide an insurance contract and a document confirming the payment of the insurance premium:
However, if you do not provide the original documents (more precisely, I do not even recommend sending the original documents, since the insurance company can “accidentally” lose them, and they will come in handy in court if the company refuses to voluntarily return the money), then the insurance company will still have no reason to refuse to return the insurance to you, the main thing is an application for cancellation of insurance.
4 Successful experience of refunding money for insurance. Reviews.
You might think that in order to return insurance, you need to have some kind of special knowledge, that only professional lawyers can do it.
This is not so, below are reviews of ordinary customers, like you and me, who were able to refuse the imposed insurance and return the money.
Here is a review from a client of Renaissance Life about the successful cancellation of a life insurance contract imposed in a car dealership when obtaining a car loan. The client sent a package of documents to email address company, and also took the documents to the insurance office for insurance (and did it very correctly. If there were any problems with payments, and the application would be sent only by e-mail, then it would be extremely difficult to prove one's case in court).
When taking a cash loan, an insurance policy was imposed on the client of OTP Bank in IC Blagosostoyanie. He sent an application for cancellation of insurance to the insurance company by registered mail with a list of attachments. The application was accompanied by copies of the passport and insurance policy. The letter went for almost a month, but after it did reach, IC "Welfare" returned the money for the insurance:
Here is a customer review VTB Insurance", which was imposed insurance financial risks when taking out a loan. The waiver was filed in central office insurance company, but the client was advised to contact the bank directly. After the threat to send a complaint to the Central Bank of the Russian Federation and write pre-trial claim money for insurance company "VTB Insurance" returned:
The company did not pay another client of VTB Insurance cash for insurance within the specified period, despite the fact that the client submitted an application for termination of the insurance contract to the office of the company on time.
The client did not put up with injustice and sent a pre-trial claim with a request to return the money. Otherwise, he threatened to write a complaint to the Central Bank of the Russian Federation, as well as go to court with additional claims for damages, compensation for moral damages, court costs, as well as a fine. As a result, VTB Insurance returned the money for insurance in full:
And someone did not have any problems at all with the refusal of insurance in this company:
Here is a review from an Ingosstrakh client about the successful return of money in case of cancellation of a property insurance contract. The application was submitted in person to the office. True, the company still delayed the deadlines:
The client of Sberbank Insurance managed to return the money when she refused collective agreement insurance, although the application was submitted later than 14 days from the date of conclusion of the contract. The fact is that such a right is spelled out in the insurance contract itself (I have not seen such concessions from other insurance companies). They didn’t want to accept the application for refusal, the client had to threaten to write a claim:
This review inspired another client of the Sberbank Insurance company, who also managed to return the money for the cancellation of the collective insurance contract:
Here is a review of a client of Renaissance Life, who sent an application for cancellation of a life insurance contract imposed upon obtaining a car loan by the Russian Post, and personally delivered an additional copy to the company's office. Employees of the company, in her words, behaved frankly boorishly when they tried to submit an application for refusal of insurance, but as a result, she returned the money for insurance:
The client of IC "Rosgosstrakh" sent an application for cancellation of the insurance contract by registered mail with a list of attachments, with a copy of the contract and a copy of the document confirming the payment of the insurance premium. Money for insurance was returned to the client:
Please note that the client of Rosgosstrakh, who returned the money for insurance, attached copies to the application, and not the originals of the contract and payment, although the UK claims on his website that the originals are allegedly obligatory for her: “Cumulative and investment insurance life: We read the contract "). When trying to refuse the product at the bank office, the client was asked to deal with the insurance company Alfa Insurance on their own. He sent an application with a refusal by the Russian Post and, as a result, received his money back:
It is possible to refuse insurance and return money to the clients of the VSK insurance company:
The client of the Alfa Insurance company managed to refuse insurance and return the money without any problems and delays:
Here is the experience of successfully canceling the property insurance policy of IC Zetta Insurance, imposed upon receipt consumer credit at OTP Bank. The deadlines, however, were violated. Please also note that the insurance contract of this company contains a clause that in the event of termination of the contract they withhold 80% of the insurance premium. This paragraph contradicts the Directive of the Central Bank, which we considered above. However, the company does not remove it from the contract, although it does not retain 80%, allegedly of its own free will:
Here is another review about the company "Zetta Insurance", where the client was first returned only 20% of the cost of insurance. But after filing a complaint, he was paid the full cost of insurance, without deducting the "burden":
Conclusion
Always read any contract carefully.
Use the right to cancel insurance during the cooling period (from January 1, 2018, the cooling period is 14 calendar days). It is quite possible to return the money for imposed insurance. True, sometimes it may be necessary to write a complaint to the Central Bank of the Russian Federation, send a pre-trial claim to the insurance company, or at least threaten to hotline or at the company's office.
Make sure that you are the insured, and not the Bank, i.e. You have not slipped the contract of joining the collective insurance program. Also make sure that the loan rate does not depend on the availability of insurance.
When obtaining a loan, many banks literally impose insurance. In fact, the decision to purchase a policy can only be made on a voluntary basis. Contrary to the prevailing view, insurance is primarily necessary for the borrower, because in cases specified by the contract Insurance Company pay off the debt to the bank. Sometimes the client realizes that he hurried with the registration of insurance and wants to get back the money spent. Let's figure out how you can return insurance on a Binbank loan, and in what cases this is allowed.
VSK Insurance Company declares that the person who received the loan has the right to cancel the insurance contract and receive a recalculation in accordance with the actual time the insurance was used. This is done in unilaterally, the consent of the company to terminate the policy is not required. To exercise this right, the borrower must contact Binbank and inform about their intention. You can go to the bank office or call the hotline. To fill out the application, the client must have a passport with him.
Important! By phone, they will only tell you what documents you need to take with you and where to drive.
It is not recommended to draw up an appeal on your own, it is better to use a sample bank. In case of questions credit specialist guide you on how to write an application. You should be prepared that employees will push you to keep insurance, but if you have already made a decision, do not give in to their persuasion.
Consideration of the borrower's application takes place within a few days, after which the funds are returned to your bank account. The calculation is made individually, the amount of the refund depends on the features loan agreement and is calculated according to a special formula.
When a loan closes prematurely
Another case when you can count on the termination of an insurance policy is the early closure of a consumer loan from Binbank. Early repayment of the loan takes place according to the conditions provided by the bank for this.
- The client must notify the lender in advance of his intention to repay the loan ahead of schedule and put into the account the amount sufficient for this.
- After that, you should make sure that the loan is really closed.
- Next, you need to send an application to the bank for a refund of part of the cost of the insurance policy. As in the previous case, the amount will be calculated individually, it depends on the size of the loan and the price of the policy.
Such appeals are considered within almost two months. Often, the insurance company has less time for early termination of the contract, after which the client is paid compensation. If the insurance company refuses to return the money for insurance, you should try to negotiate amicably. When agreement cannot be reached, it remains to consider the issue in judicial order. Justice will decide whether the company's refusal is justified.
Of course, taking out an insurance policy involves additional expenses. However, the client must understand that insurance is nothing but his financial protection for an emergency. If we are talking about a loan for a small amount, there is no need to draw up an insurance policy. But when a loan of an impressive size is taken, it is worth considering who will return it if something happens to the borrower. If there is insurance, the debt will not pass to his heirs, but will be paid by the insurance company.
Most borrowers consider credit insurance a forced service. This is fundamentally wrong. The decision is made by the borrower independently, as well as the voluntary refusal of insurance. The service is not free, but there are a lot of advantages from the program. Thus, insurance for a BINBANK loan allows you to fully cover the costs of paying off the debt in the event of an event described in the contract. voluntary insurance.
Conditions for credit insurance in BINBANK
Despite the fact that in most cases, customers are skeptical about obtaining insurance and do their best to return part of the insurance premium after paying off the loan or refuse it in advance, such banking service may become useful. Before making a cancellation of insurance, it is recommended that you familiarize yourself with the basic conditions of this banking product.
Features of registration and cancellation of insurance
Insurance services for any loan in BINBANK are provided by LLC VSK Insurance House. Any able-bodied citizen who is a borrower under a loan can be an insured person. At the same time, the client can always refuse to conclude an agreement at the stage of consideration of the application. There is a certain list of clients who cannot use this service. These are citizens who, at the date of the loan, fall into the following categories:
- Limited ability to work as a result of an injury;
- Receiving a pension;
- Registered in narcological dispensaries;
- Postponed traumatic brain injury;
- Having a gestational age, etc.;
The listed categories of citizens (an exhaustive list can be found in the insurance documents) are not entitled to rely on life and health insurance of the borrower and will be denied upon request. The insurance company may also refuse to issue insurance if the borrower's employer has been operating for less than five years at the time of applying for a loan or the borrower himself has been working at the main place of work for less than a year.
Insured events when lending
The object of insurance is directly the borrower, as well as his property interests, namely:
- Causing harm to life and health as a result of an accident;
- Loss of source of income due to job loss.
Damage to life and health is understood as an accident or illness, as a result of which the client becomes incapacitated. This may be the assignment of 1 or 2 disability groups after an illness or accident, or the onset of death. In this case, the insurance company will return the loan amount in full.
In case of loss of the main source of income, the case is recognized as insured, in case of liquidation of the enterprise, reduction or change of ownership, etc. In this case, the insured will help you return the amount equal to the semi-annual payment as part of the loan repayment.
Loan insurance amount
The total amount of the sum insured is set individually between the insurer company - VSK Insurance House and the insured - the borrower, as well as the form of return. It could be total cost loan or sum of money taking into account regular payments on the principal debt at the time of the insured event.
The amount of the insurance premium and insurance payments is specified in the mandatory insurance contract. Payment of the insurance premium depends on the initial cost of the loan, the loan term and other stipulated coefficients.
If the amount of the final amount of insurance does not suit you, you can refuse to conclude the contract. As part of insurance under the Loan Protection package for general conditions the cost of additional payments in favor of BINBANK ranges from 0.2 to 0.35 percent of the total loan amount monthly, depending on the volume of insured events. The payment is calculated and made in one lump sum.
How to get credit insurance back
If you took out insurance when applying for a loan, but later came to the conclusion that you no longer need this service, you always have the opportunity to refuse further execution and return part of the amounts paid.
General return conditions
According to the established rules for the provision of insurance services by VSK Dom LLC, the borrower has the right to unilaterally terminate the contract at any time after its conclusion or change the amount of insurance with recalculation of the insurance premium. In other words, refuse insurance on the BINBANK loan.
In order to terminate the contract and receive compensation under the insurance contract, you must contact the BINBANK branch with an application or call the contact center, with the obligatory passage of customer identification.
The amount of expenses for connecting to the insurance program and the amount of compensation for insurance payments will be different and are calculated according to a specially set formula individually.
Return on early repayment
In case of early repayment, it is also possible to return part of the insurance on the main loan. To do this, on the date early repayment the client must place on his account the amount necessary for the full repayment of the loan and the full payment of the amount of insurance.
Then you need to write an application for a refund of part of the sum insured. The amount of compensation is also individual and depends on the size of the loan and the amount of insurance.
Applications for the return of part of the insurance premium are considered within 60 days, but as practice shows, the period is significantly reduced. After considering the application and the necessary calculations, the client receives compensation for the use of insurance.
Disputable situations are considered through negotiations between the company of the insured and the insured person. If an agreement is not reached, the case is subject to consideration, in accordance with Russian legislation(in a court).
Conclusion
Despite the fact that credit insurance at BINBANK always involves additional costs for paying an insurance premium to an agent, you should carefully consider the bank's recommendations in this area. You can always cancel the insurance contract, but the refusal of the service will impose on you additional risks associated with possible delays in obligatory payments on the loan and dishonest performance of your obligations. credit obligations. However, you can always return part of the funds paid in case of early repayment.
Consider the aspects and difficulties of returning the insurance premium for insurance received during the loan processing at Binbank.
Laws are needed in order to "get around" them, looking for various "loopholes"- this phrase can quite characterize the fruitful cooperation of CJSC "VSK" and PJSC "Binbank". The material of the article was prepared on the basis of the experience of one of the clients of Binbank, who decided to return the paid insurance premium to "".
As you know, “Instruction of the Bank of Russia dated November 20, 2015 N 3854-U “On the minimum (standard) requirements for the conditions and procedure for the implementation certain types voluntary insurance” governs the relationship between Insurers and Insureds - individuals.
Many banks have used and continue to use the fact that they offer clients to join collective insurance agreements, under which the banks themselves act as the insured, i.e. Legal entities. For a long time, such contracts served as the basis for refusing to return the insurance premium, even if such a desire was expressed by the client during the “cooling off period”. But now there is a definition Supreme Court The Russian Federation, which took the side of the client, and many banks refused this type of insurance. The question of the return of insurance under collective (group) insurance contracts, .
But the above Directive of the Central Bank of Russia also includes certain "reservations". In particular, according to paragraph 4. The requirements of this Direction do not apply to the following cases of voluntary insurance:
- implementation of voluntary medical insurance for foreign citizens and stateless persons located in the territory Russian Federation for the purpose of carrying out their labor activity;
- implementation of voluntary insurance, providing for payment provided to a citizen of the Russian Federation, located outside the territory of the Russian Federation, medical care and (or) payment for the return of his body (remains) to the Russian Federation;
- implementation of voluntary insurance, which is prerequisite admission individual to fulfillment professional activity in accordance with the legislation of the Russian Federation;
- implementation of voluntary insurance civil liability owners Vehicle within international systems civil liability insurance of vehicle owners.
So, CJSC "VSK" and PJSC "Binbank" just chose the option of combined customer insurance, including insurance services for citizens traveling outside the Russian Federation.
Credit in Binbank without insurance - is it possible?
It is, of course, possible to get a loan without life insurance in Binbank from a legal point of view. But in practice things are different. Bank employees (managers) have certain "sales plans", including these "optional insurances". You may simply be denied a loan, referring to the fact that the loan was agreed with you along with insurance. If you want to get a loan without insurance, you need a new consideration of the issue of lending, with a hint of a possible negative result.
It should be remembered that the purpose of the bank when "selling insurance" is not to insure a loan at all, but to obtain agency fee from an insurance company. For example, "our client" Alexander, directly pointed out to the bank manager that he did not need insurance, because. he is already insured anyway, by the nature of his activity - he works in the structures of the Ministry of Emergency Situations. The bank manager claimed that a loan can only be obtained with insurance - naturally, this is not the official position of the bank. In writing, or by calling the bank's contact center, no one will tell you that insurance is required.
The policy is based on the rules of "Combined insurance" from CJSC "VSK".
The insurance policy that was offered to “our client” extended its effect to the following insurance risks (insured events):
- clause 3.1. For insurance against accidents and illness (The sum insured was equal to the amount of the loan, i.e. 89,887 rubles. this risk was only 199.73 rubles);
- clause 3.2. On a voluntary basis health insurance(VMI) under the Priority of Life + program - it is indicated that risks and the possible need for medical assistance are insured Israel and Germany(The sum insured for this risk amounted to 6 000 000 rub. The insurance premium for this risk was RUB 9,687.91).
The insurance contract was concluded on the basis of Rules No. 167/1 of combined insurance ... According to clause 2 of article 943 Civil Code of the Russian Federation, the conditions contained in the Insurance Rules and not included in the text of the insurance contract are binding on the insured, if the contract directly indicates the application of such Rules.
Here is what VSK wrote about the return of insurance:
What should I do to get a full refund?
Of course, the best option would be if you carefully read all the documents in the process of obtaining a loan. One could draw attention to the fact that sum insured V 6 000 000 rub. ten times the size of the loan.
But in fairness, we note that carefully studying even the insurance policy itself, posted on a couple of pages, will not turn out so quickly, because. information is in small print. And what can we say about all sorts of "Rules and Applications", which are integral part insurance contract, in the case of Alexander, we counted another 11 pages of small print. Thus, it is unlikely that you will be able to carefully read the terms and conditions of insurance at the time of obtaining a loan.
Below is a sample of the first page of the policy:
If we return to the question of what to do to return the insurance premium in full size, note the following.
It is necessary to file complaints with the bank, the insurance company, and, if necessary, with the supervisory authorities and the court.
It is only necessary to properly prepare and reasonably describe the essence of the claim. In view of the fact that it is rather problematic to prove the fact of imposing insurance, tk. the documents contain the phrase that insurance is a voluntary service, and the presence of your signature is a confirmation of your agreement with the terms of insurance. Emphasis should be placed on how the process of issuing a loan took place, what the loan manager informed you about, etc. Of course, the presence of any of your acquaintances who were present at the issuance of a loan, or an audio recording of a conversation with a manager, would be an advantage in confirming your words about the involuntary nature of the purchase of an insurance policy. But even in the absence of such “arguments”, it is usually possible to correctly convey your position and try to achieve a positive outcome in the consideration of your application or claim.
We are writing a review / claim for illegal actions of Binbank employees
We will describe how Alexander was in the process of obtaining a loan from Binbank. According to Alexander, he directly told the bank manager that he would not like to take out insurance, to which the bank manager replied that a loan can only be obtained if insurance is provided. Alexander, said that he was already insured, because. works in the structures of the Ministry of Emergency Situations. All arguments from Alexander were ignored by the manager.
The process of signing the documents necessary for issuing a loan was in the following way: a bank employee printed out documents and pointed to the places where it was necessary to put a signature. The manager did not give any explanations about the fact that the manager signed. As we have already described above, the insurance contract and related documents are printed in small print, and represent a fairly impressive amount of information in terms of volume. It will not be possible to quickly understand what you are signing and understand all the “pitfalls”.
Additionally, it can also be noted that Alexander did not plan and does not plan any foreign trips in the near future and he does not even have a valid foreign passport. What is in the context of the paragraph of the insurance contract, clause 3.2. “insurance for those traveling abroad” looks rather contradictory. Alexander could not in any way express a desire to be insured for risks that even hypothetically could not occur. It's like a disabled person, for example, without legs, to express a desire and purchase insurance, insuring the risks of "a broken leg"!
In view of the fact that Alexander knew about the presence of "", he planned to return the insurance premium, using his right to refuse insurance within 14 calendar days. In this connection, he did not strongly protest against the imposition of insurance services on him.
We recommend writing a review on the banki.ru portal, in which you describe in detail how the process of imposing insurance was. Banks usually consider citizens' appeals submitted through this portal. And if the information described in the review is confirmed by the results of the bank check, your issue may be resolved in a favorable direction for you.
In the case of Alexander, when writing a review, you need to focus on the fact that he was already insured anyway. And the absence of a foreign passport can serve as an argument in favor of the fact that the client could not express a desire to insure risks that cannot simply occur.
We helped Alexander to write a review, however, the result of its consideration by the bank turned out to be negative. Representatives of the bank ignored Alexander's arguments and referred to the fact that they had been signed.
In this situation, we can only recommend the following: it is necessary to write a claim to the CBRF for imposing additional services bank, focusing the regulator's attention on the fact that the purchased services could not satisfy the interests of the client due to certain circumstances (in the case of Alexander, this is the absence of a foreign passport and the presence of another insurance policy).
This is the statement I submitted on April 22, 2016. to the Binbank branch "application for refusal of insurance under the contract dated August 13, 2014.
I, Gorodzhaya Marina Aleksandrovna, acting voluntarily, on March 16, 2016, notified Bin Bank of my refusal to participate in the insurance program, under which Bin Bank entered into an Insurance Agreement with Bin Insurance LLC, the insurance risks for which are the loss of a permanent source of income as a result of termination employment contract.
On March 4, 2016, the contract between me and the employer was terminated in accordance with clause 2.2 of the fixed-term employment contract No. 63 and I found myself without a permanent source of income. By contacting "Bin Insurance" I received a negative response to my application for insurance risk, that is, a refusal.
I ask you to consider the insurance contract under the collective insurance program dated August 13, 2014 as invalid. At the time of execution of the contract, I was a temporary worker, that is, according to clause 2.2 of the fixed-term employment contract No. 63 “for an indefinite period - temporarily, for the period of absence of the main employee N-voi E.L. from February 16, 2013 - to the date of the main employee's exit”, about which the bank employees were notified when signing the contract.
According to my application for disconnection from the collective insurance program at Binbank on April 15, 2016, I was returned an amount of 24,080 rubles (twenty-four thousand eighty rubles). Since the refund was not complete, I ask you to return the remaining amount debited without acceptance to my account. Cash written off as "Remuneration due to the Bank for the provision of services for connecting the Borrower to the Collective Insurance Program" in the amount of 67080 rubles. (sixty-seven thousand eighty) and funds written off as “Compensation to the Bank for the amount of insurance premium paid by the Bank to the Insurer under a collective insurance agreement in the amount of 5160 rubles. (five thousand one hundred and sixty), minus the amount already transferred in the amount of 24,080 rubles (twenty-four thousand and eighty rubles). That is, I ask you to transfer the amount of 48160 rubles (forty-eight thousand one hundred and sixty rubles) to the account to which the loan was issued, opened in my name in Binbank: l / s No. 40817810011130500227
I also ask you to respond to me in writing within 14 days from the date of receipt of this application. In case of refusal to satisfy the application or failure to receive a response within the specified period, I will be forced to apply to the courts.
Note: I am enclosing copies of the passport, employment contract, insurance contract and response from Bin Insurance LLC, application for disconnection from the collective insurance program, client statement PJSC branch"Binbank" and work book.
Gorodzhaya M.A."
As of June 06, 2016 I never received an answer, and on 05/20/2016, I sent an application to the same bank office to provide a calculation of the amount paid to me in the amount of 24080 rubles, I also did not receive a response.
What to do? Go to court?
Note: the insurance company of Renaissance Bank, where I also had a loan and insurance, paid me the ALL amount of insurance within 10 days from the date of receipt of the application, I took a loan there, in 2014. Moreover, the amount of the monthly payment has not changed, unlike Binbank (which the bank employees did not warn about when I was paid 24,080 rubles). It turned out in a rough form by calling about the debt.
