What to do if there is a current delay in loan payment? Can I get a credit card with delinquent loans? What can a bank do in case of a long-term delay on a loan?
Hello dear readers! One of the HeatherBober experts, Alla Prosyukova, is with you.
Topic new article, I'm sure it will be of interest to many, as it is devoted to delinquency on loans.
According to the Bank of Russia, arrears on all types of loans to individuals currently amount to 892,770 million rubles, and every fourth Russian has problems with meeting debt obligations. In this regard, the topic of overdue payments is difficult to overestimate.
Let's look into this topical issue together.
1. What is a loan delay and how does it threaten the debtor?
Approaching the bank for a loan, each potential borrower I am sure that if he receives it, he will be able to pay the monthly payments to repay the debt.
Unfortunately, plans do not always come true. Different circumstances can make their own adjustments even to the intentions of the obligatory payers.
For example, they did not pay salaries on time, but there are no free funds, and there is nowhere to borrow money. In such a situation, the loan payment remains unpaid, that is, overdue appears.
This is a missed due date.
Delay is a very undesirable fact that entails unpleasant consequences.
Consequences of delay:
- even 1 day of delay can ruin your credit history and make it difficult to get loans in the future;
- penalties are charged for each day of delay;
- The agreement provides for the imposition of penalties.
2. What are the types of loan delinquencies - 4 main types
Delay delay strife. They differ depending on the number of days that have passed since the date of payment.
Based on this, delays can be divided into 4 types.
Type 1. Minor delay
Insignificant delay, as a rule, is calculated from 1 to 3 days. Such a delay entails minor consequences for the borrower, which are usually limited to a one-time fine of no more than 300 rubles, a reminder call about the existence of a delay, and sending SMS messages for the same purpose.
Remember! The bank has the right to impose a penalty for delay only if this is specified in the loan agreement.
Type 2. Situational delay
Situational delay occurs when the borrower defaulted on the loan from 10 days to 1 month. Such a delay rarely occurs due to elementary forgetfulness. Usually it is caused by some force majeure event, for example, the borrower was admitted to the hospital.
At this stage, a specialist in the credit department of the bank calls the borrower and tries to clarify the situation. I recommend not to ignore the calls. It is better to discuss the problem with a banking specialist, determine the maturity of the debt, and clarify the amount to be paid.
If you are convincing, announce the specific time frame in which you will close the delay, and the bank specialist feels your sincere desire to solve the problem within the agreed time frame, then the bank will not bother you until the expected date.
Type 3. Problematic delay
If the delay lasts from 1 to 3 months, then it is defined as problematic. In this case, the credit department forwards the information to the debt collection service. Very often, at this stage, the Bank Security Service is connected.
Here, debt collection methods become more diverse and depend on the rules adopted in each particular bank.
Ask the bank:
- consider deferred payments;
- abolish penalties;
- restructure debt.
Restructuring is real. And try to visit as often as possible credit institution, try to find a way out of this situation in all possible ways.
Type 4. Long-term delay
The most problematic is the long-term delay. Non-payment of the loan in this case is more than 3 months. In this situation, the bank service dealing with delinquencies and the legal service prepare documents for debt collection in judicial order. There is also a high probability of selling debt to collectors.
At this stage, I recommend contacting professional lawyers specializing in banking proceedings, since the bank is already reluctant to make any concessions and agrees only to the full repayment of the entire amount of the remaining debt.
Professional lawyers very often find any inconsistencies in the loan agreement, which can greatly ease your loan burden.
In addition, an experienced lawyer can often convince the court to recover from the borrower only the “body” of the loan without bank fines and forfeit. This becomes possible in cases where fines and penalties exceed the size of the loan itself.
3. How to act in case of loan delay - step by step instructions
If you are in trouble in the form of a loan delinquency, do not panic.
Remember that there are no hopeless situations. Take on board the plan of action I proposed.
Step 1. We turn to the creditor with a request for debt restructuring
The way out of this situation may be your appeal to the bank with an application for debt restructuring.
Try to apply before the amount and delay become significant. In this case, there is a high probability of getting a positive decision from the bank.
In case of a positive decision, you will be able to:
- avoid litigation;
- resolve the issue of penalties;
- reduce your monthly debt burden.
Step 2. Get a consultation
Having decided to stop the growth of delinquency with the help of debt restructuring, ask the bank's specialists to advise you on this issue.
Find out what types of restructuring the bank can offer specifically in your case. What documents are needed to consider the issue. Are there any other ways to solve your problem at this stage.
Such a consultation will allow you to find the best solution to the issue of your delay, help you prepare an application faster and better, and that’s it. Required documents.
Step 3. We provide the necessary documentation
In addition to the application for debt restructuring, the bank will need some documents. Usually you need to provide a passport, loan agreement, certificate 2-NDFL.
Additionally, the bank requests documents confirming the reason for the formation of the debt.
Such documents can be:
- certificate from the hospital;
- work book with a record of dismissal;
- certificate from the employment fund on being registered as unemployed.
Step 4. We are waiting for the approval of the restructuring
After submitting the full set of documents, you will have to be patient, waiting for the bank's decision. According to general practice, the bank makes a decision fairly quickly - within 1-7 business days, because the growth of overdue debts is also unprofitable for it.
If after a week you have not received a response from the bank, do not hesitate to remind yourself. Unfortunately, there are still cases when, having made a negative decision, the bank “forgets” to inform the borrower about it.
Step 5. Get a new payment schedule
A positive decision was made on your application and now you need to visit the bank, sign a new contract and all the necessary papers.
One of the documents will be a payment schedule drawn up based on the new conditions. The graph immediately shows how much the monthly credit load has changed.
Example
Tatyana Smirnova is a resident of the town of Buinsk, which is located on the territory of Tatarstan. She inherited a small apartment from her grandmother. However, the apartment needed renovation.
The girl, without thinking twice, took a loan from Sberbank in the amount of 100 thousand rubles. for a period of 1 year. Together with the contract, Tanya received a payment schedule, according to which the total monthly payment amounted to 8884.88 rubles.
Payment schedule for consumer credit Tatyana Smirnova:
month number Principal payment Loan interest Total monthly 1 7884,88 1000 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 For Tatyana, this was quite a feasible load, because she had a good permanent job and a good salary. Tanya worked as a senior administrator in one of the local restaurants.
But that was until she broke her leg. A month later, while still in the hospital, Tatyana realized that the moment would soon come when there would be nothing to pay the loan.
In order not to bring the matter to a delay, Smirnova turned to Sberbank with a request to restructure the loan. After 10 days, the bank made a positive decision on Tatiana's application.
Having visited Sberbank, Tatyana received a new payment schedule, in which, due to the extension of the term to 2 years, the monthly payment has decreased.
Payment schedule after restructuring:
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 After that, the credit burden for Tatyana became quite feasible. And the fact that the loan term and the total overpayment on it increased did not frighten the girl, since she planned to close this loan ahead of schedule, fortunately, the terms of the contract allowed this to be done.
Step 6. We renew the contract on new terms
After reviewing the new payment schedule, sign a loan agreement under the new conditions.
Read it carefully, clarify all incomprehensible points and wording, and only then put your signature.
- the newly concluded agreement must contain a clause stating that the previous agreement loses its legal force and is closed;
- the new agreement should not include a clause on the possibility of making a unilateral decision to raise interest rates on this loan.
Solving issues related to overdue credit debt often becomes an unbearable burden for ordinary person. In such cases, comes to the rescue.
professional legal assistance, including on issues of delay on the loan, you can be provided by specialists of the legal online service "Pravoved".
"Pravoved" is a team of professionals working in all legal areas. High-class lawyers work throughout Russia, in different time zones, which means that clients can receive high-quality legal support around the clock. Using the services of the service is very simple: you can ask a question in the online chat on the site, or you can call by phone.
On the service, you yourself can choose a lawyer whose qualifications best meet your needs.
I also want to note that restructuring is not the only way to solve your credit problems. For example, you can get a credit card. Many banks allow you to get credit cards with a small limit, even for customers with bad credit history and delinquency.
I want to warn you that using credit card justified only if you know exactly the dates of receipt of funds to pay off the debt.
In order not to spend money on a commission when withdrawing cash, pay for essential goods with a credit card, and send personal money (salary, etc.) to pay off the delay.
Do not forget about the expiration date of the interest-free period, otherwise, instead of easing the situation, you will find yourself in a new loan bondage with a high interest rate.
4. Professional assistance in case of loan delinquency - an overview of the TOP-3 anti-collection companies
Real help in solving problems credit delinquency can be provided by specialists of anti-collection companies.
We offer an overview of reliable and highly professional companies that can handle problems of any complexity.
1) FINANCE-INVEST
"Finance-Invest" is a company that provides assistance in obtaining loans on favorable terms. The company's specialists are ready to take on even the most hopeless cases.
In addition to assistance in lending, the company provides anti-collection services and credit history correction services.
Qualitatively, quickly, legally - this is distinctive features services "Finance-Invest".
The federal anti-collection service "Close Credit" is a real help to borrowers who have delays in bank loans and those who suffer from the harassment of debt collectors.
30 offices of the company are located throughout Russia. There are more than 1500 clients on the account of employees, whom the company "Close Credit" helped to get rid of debts.
The company has such a service as "Call transfer from the collector" to the firm's lawyers. Already during the first day after the service is issued, the borrower ceases to experience psychological pressure from creditors, completely gets rid of unpleasant communication with collectors.
The company itself will collect the necessary documents and take part in the trial without the participation of the client. Only 2 months will be required for the lawyers of "Close Credit" to achieve a positive solution to the problem.
3) Centurion-group
Centurion Group is a group of law firms that provides legal assistance in case of problems with banks, collectors and bailiffs not only to individuals, but also to legal entities.
The company's services are completely official and legal. Customers can consult with experts for free. A pleasant feature is the absence of an advance payment for the company's services, which indicates a guaranteed result of the problems that Centurion Group undertakes to solve.
The company's lawyers are ready to help their clients to carry out the bankruptcy procedure from the start to the moment of its successful completion. The company offers its clients several solutions, an individual approach, deep immersion in the situation.
5. 3 tips on how to act if you are late in your loan payment
Wrong behavior in a situation where there is a delay on the loan will only exacerbate the problem.
Check out my tips, they will help you make smart and right decisions.
The worst thing you can do if you have a delay is to hide from creditor banks. Remember the bank is big entity with a team of professional lawyers. They have an officially concluded loan agreement in their hands, which means that the law is on their side.
The longer you put off a visit to the bank to resolve the issue, the more you aggravate your situation.
Of course, visiting the bank about the existing delay is not the most pleasant thing, but I advise you to always remember the old parable that the famous Canadian businessman and personal development consultant Brian Tracy loves to repeat: "If you have to eat a live frog, don't look at it for too long".
You still have to decide this question, and the sooner you do it, the better!
Any natural person with an overdue debt may declare himself bankrupt. credit debt for a period of more than 6 months in an amount exceeding 100 thousand rubles.
Bankruptcy is the way out when the debt is solid and you really can't pay it off.
Approach this issue in a balanced way, since bankruptcy, although it solves your current problems, it has a significant impact on your entire future life.
If you declare yourself bankrupt, you will not be able to borrow money for the next 5 years, you will be prohibited from doing business, and you may lose all the property that you own at the time of the procedure.
Tip 3. Seek help from anti-collection companies
Anti-collector companies are gaining more and more popularity.
Anti-collection firm is a team of professionals who legally help borrowers with overdue loans to find the best way out of this situation.
Tip: if you are already at the initial stage unable to find a way out, do not exacerbate the problem, contact the specialists. This specialist can be for you
Delays are of two types: active and closed. The former block access to loans in any bank. The latter have a “shelf life”, after which delays have less and less influence on the decision of the bank. In the article we will tell you how long delays in credit history last.
The bank will see the number of overdue loans already on the first page of the credit history
Current delays
Current delinquency is the worst thing that can be in a credit history. If at the time of submission loan application you do not fulfill your obligations to the bank, it is pointless to rely on new loan. Banks automatically refuse borrowers with open delinquencies.
Delinquency on an individual loan is displayed as colored squares. Each square represents the month of payment. If the square is not green or grey, then you are late on your payment.
Even a delay of up to 30 days can serve as a reason for a loan refusal. This is when you made the next payment on the last day of the payment period, but he did not have time to reach the bank on time.
Sometimes information about delinquencies gets into the credit history as a result of technical errors. Therefore, we recommend checking your credit history before going to the bank.
Delays in the past
Delays in the past are also called historical. These are loan arrears that you have already covered. In historical delinquencies, the bank looks at prescription and depth. Age - How long ago you were overdue. Depth - how long you haven't paid. The deeper the delay, the longer its duration. Indicative data on the "shelf life" of delays:
The validity period in the table below is the approximate interval between the closing date of the delay and applying to the bank for a new loan.
The bank carefully examines your entire credit history. However, the most important thing for him is your credit behavior over the past 2-3 years. It is this period that most accurately reflects yours, what kind of payer you are now and how accurately you can fulfill your loan obligations.
- If there is a delay, close it as soon as possible. The longer the delay, the worse your reputation as a borrower.
- Do not contact the bank open delinquency. A subsequent refusal will only harm the state of your credit history, further aggravate the situation, and reduce your chances of lending.
- Check your credit history before contacting the bank. Check if the information is correct. If you see delays that you did not allow, contact the bank and ask to correct the mistake.
Almost all Russians have borrowed money from a bank at least once in their lives. With the funds taken on credit, you can buy an apartment, a car, or spend this amount on consumer needs. Usually the debt is not paid immediately in full. A certain part of the total amount is paid by the client every month according to a strict schedule. If he overdue loan payments, the bank has the right to take appropriate measures:
- charge a fine;
- increase the amount of the payment;
- involve the client in litigation.
Loan arrears: what is it?
The phrase "delay on a loan" means a violation of the terms of payments to the bank, stipulated by the agreement loan. After the debt banking organization has the right to apply sanctions to the debtor (this includes penalties and fines, and the amount of the penalty is indicated in the contract). The amount of payments is not high, but they can significantly increase the amount of debt.
If the client has delayed the payment of a one-time payment, the bank can accept it loyally. If he does it systematically, then financial institution will add it to the list of malicious debtors, which will negatively affect a person’s credit history.
Concepts of penalties and forfeits
Penalties imposed due to non-payment of loan payments on time are a penalty that the financial institution will definitely require from the borrower. The legal justification for penalties (penalties) and fines is given in Art. 330 p. 1 of the Civil Code of the Russian Federation, and the principle of their operation is described in Art. 395 of the same code.
The penalty is not imposed on the amount that has not been paid. The term of non-payment directly affects the size of the penalty. Penalties are charged for delay on a daily basis and amount to approximately 0.05 - 2% of the amount owed. Sometimes, along with a fine, a fine is assigned, due to which the amount of payments on the principal debt increases sharply.
The penalty is a one-time sanction that is imposed in case of any delay. It is divided into 4 types:
- interest on the amount owed, accrued daily in case of delay in payments;
- a fixed fine (for example, 300 rubles are charged for one delay);
- a fine with an increasing size (for example, for each delay in payment, the client pays 200 rubles more);
- fines accrued as a percentage of the amount of outstanding debt.
Sanctions imposed by various banks
Banks have a negative attitude towards overdue payments on loans, so they try to make the amount of the penalty as high as possible, namely:
- daily assigns a penalty for non-payment of the debt, which is equal to 0.5% of its amount;
- The amount of the daily penalty specified is 0.06% of the outstanding debt;
- imposes consumer loans daily penalties of up to 2%, and secured loans real estate– in the amount of 1%;
- The penalty charged by UniCreditBank is 0.5% of the total debt;
- VTB 24 promises to charge 0.6% daily for non-payment of a loan;
- In the bank "", the penalty is assigned after 10 days from the date of delay. Its daily rate is 1%.
Legal system of regulation
The Civil Code of the Russian Federation (1st paragraph, 4th chapter) fully regulates the procedure for collecting debts from clients. In case of delay, the bank may require early repayment debt by accruing additional interest (this is indicated in Article 811, clause 2 of the Civil Code of the Russian Federation). The document does not indicate what type of violation of payment terms this refers to - one-time or systematic.
In the presence of big debt banks prefer to involve collectors in the collection of funds, whose actions are not fully regulated by law. In their work, they rely on the following documents:
- Criminal and Administrative Codes RF;
- Laws 152-FZ "On Personal Data" and 149-FZ "On Information, information technology and information protection” (entered into force on July 27, 2006);
- Law 218-FZ "On credit histories" (effective from December 12, 2004);
- Law 127-FZ "On Bankruptcy" (in force since October 26, 2002).
What measures to take in case of loan default?
If for good reasons (for example, in the event of a serious illness) you are unable to repay the loan on time, be sure to first contact the bank. Banking organizations are focused on repayment of the debt, and if the client presents weighty grounds that prevent the repayment of the loan, a compromise can be reached with them. The bank can do the following:
- change of payment dates;
- reduction in the amount of payment;
- exemption from payment of imposed fines.
These measures apply to .
What to do if the loan is overdue from 3 to 5 days?
If you are overdue with a loan, contact a bank employee and agree on a rescheduling of the payment. When payments are delayed by several days, it may not leave a negative mark on your credit history. However, in case of systematic non-payment, the bank imposes a fixed penalty or a fine. He also adds a note about unreliability to the information about the client, which can significantly damage the reputation of a person in a financial institution.
Actions in case of delay of the loan for 1 month
After one month or more from the moment of delay, banks begin to make active attempts to contact the defaulter and remind him of the debt. Do not avoid them, because this will only complicate your situation.
If you know exactly when you can pay off the debt, then immediately notify bank employees. Then you will most likely be able to avoid the imposition of penalties and fines.
What to do if the loan is overdue for more than 3 months?
If the loan payment has not been made for more than 3 months, the borrower's case goes to the security department, who act very tough. In this case, you need to take certain steps:
- Start contacting the bank to soften their decisions.
- Collect papers that indicate the impossibility of paying off the debt.
- Send an application to the lending department in which you ask for the cancellation of a fine, prolongation of the debt or, as well as the postponement of the debt repayment date.
In this case, the bank can meet the needs of customers, especially those who previously had good story on loans.
Advantages and disadvantages of refinancing a loan
It is called the issuance of cash loans for preferential terms in order to close the main debt, for which there was a long delay in loan payments. This procedure must be justified by good reasons.
Often the bank makes concessions, as it wants to repay the debt at least after a long time. The financial institution will not receive any benefit if the client goes bankrupt. The borrower can take advantage of this opportunity if he has not delayed payments on previously taken loans.
The advantages of this procedure are the technical reduction of interest, which entails a reduction in regular payments and the right to choose the bank with the most favorable conditions for refinancing. Among the disadvantages are the following:
- collection of a package of documents on a new one;
- providing the bank with an additional financial guarantee;
- the procedure is carried out with loans taken no later than 1 year ago.
Loan debt restructuring
This procedure is carried out only in the banking organization in which the loan was issued. If the borrower provides strong evidence, the bank can assist him in repaying the loan with a long delay period. There are several options for this assistance:
- extension of the contract, as a result of which there is a decrease in monthly payments;
- change in the currency by which the debt was paid;
- credit holidays (this includes breaks in the repayment schedule and exemption from interest);
- removal of penalties;
- reduction in interest rates.
What to do if the bank refuses to compromise?
If your dialogues with the credit manager do not lead to anything useful, and the banking organization requires the immediate return of the full amount, try contacting the heads of the institution. Complete your application with written evidence of problems that prevent payment of the debt (for example, certificates from a doctor).
Employees may reconsider a request to reschedule a payment date. Otherwise, representatives of both parties will be involved in the trial.
Debt collection through court
If the loan is overdue for more than 3 months, the bank has the right to sue the borrower and demand from him early reimbursement of the entire amount. This procedure takes place when other means of negotiation, including the actions of collectors, have proved ineffective.
If the loan agreement is filled out correctly, the court forces the borrower to pay the required amount. This duty is monitored bailiffs. However, the court may demand early termination of the contract if violations by the financial institution were found in it.
Obtaining bankruptcy status
Law 127-FZ "On Bankruptcy individuals”, effective from June 29, 2016, it is said about simplifying the procedure for declaring an individual bankrupt and reducing minimum amount debts up to 700,000 rubles. Banks will not benefit from this, but those who cannot pay off their loan for a long time will benefit greatly.
The bankruptcy procedure takes about 6 months, sometimes it lasts longer. All this time, the bank will do its best to prevent the borrower from being declared bankrupt.
How to pay off an overdue loan?
When a client is in arrears on a loan, he should try to discuss with the bank the terms of debt relief. If an agreement has not been reached, the bank will file an application with the court, which will oblige the borrower to close the debt ahead of schedule. If the borrower himself is able to repay the debt ahead of schedule, he is obliged to notify the bank with a relevant application and deposit the amount necessary to close the loan to the bank account.
In a different outcome, a court is held, by decision of which the borrower will be forced to return the funds to the bank. The amount of the payment can be reduced by the court if the client confirms his insolvency. In case of non-payment of the debt, the bailiffs begin to deal with the case, who take appropriate measures:
- send a resolution to the place of work of the debtor requiring to pay half of the salary on account of the debt;
- freeze all accounts of the borrower;
- seize his property (in the case of a mortgage).
When drawing up an agreement at a bank, few people are interested in the question of how much you can delay the loan payment, since most borrowers are confident in their level of responsibility. But due to economic realities, the credit burden increases the pressure on the population, provoking delays in payments.
Payment in terms of the contract
The bank determines that cash must be paid at regular monthly intervals. Each contract contains clear time limits for debt repayment. The exact dates of the month when you need to replenish your account are indicated in the payment schedule.
The date of the month for paying the debt is usually unchanged, except when the settlement date falls on a weekend or holiday. In this case, it is possible to transfer the payment for several days before the first business day following the holiday.
This automatic transfer is not considered late and is carried out due to the posting dependency financial transactions with bank hours.
Is it possible to delay payment
It is impossible to overdue the loan payment (according to the standard lending conditions of almost any bank). Delayed deposit of funds into the account without fail will result in the accrual of interest in the form of interest, penalties or fines.
In this case, there is no difference - the client makes a payment later by an hour or several days, the fact of delay has already been recorded.
It is important to know that late repayment of debt can occur for several reasons:
- Deliberate delay due to lack of available funds.
- Making a payment through self-service terminals, at Russian Post offices or at cash desks of other banks on the settlement date.
Due to the fact that many transfers are not carried out immediately, but within 1-3 days, arrears may occur, despite the correct date of the actual payment. The post office transfers payments to banks even longer - up to 8 business days.
- Payment of the debt later than the date specified in the payment schedule.
Thus, you can delay the payment if it falls on the 31st day, and there are only 30 days in the month. Borrowers mistakenly assume that payments need to be made later than the expected date, most often the next day.
Liability for late payment
A borrower who dishonestly fulfills obligations to the bank will face the following consequences:
- Transfer of data on payments to the credit bureau of Russia. Will it go bad credit history, depends on the number of days of delay and banking practice in such situations.
For example, some banks transmit data after a few days, while others only in case of repeated violation of deadlines or in the absence of funds on the account for a long time (for example, several months).
- Penalties.
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There are several types of monetary penalties for late repayment of current debt:
- Fixed penalties. When, upon the settlement date, there are no funds on the account, the bank imposes a one-time fine in a fixed amount, for example, 300, 500 or 1000 rubles. The penalty is the same for any delay, regardless of the days or months of lack of receipt of money.
- Increasing penalties. This type is a stricter way to control the fulfillment of debt obligations, since with an increase in the delay period, the size of the fine increases.
For example, if a payment is not made for 30 days - 500 rubles, 60 days - 1000 rubles, then 1500 rubles. Such penalties encourage borrowers to pay as soon as possible.
- Penalty on the payment amount. To find out how much interest in monetary terms must be paid, you need interest rate penalties (for example, in Sberbank 20%) multiplied by the size of the current delay (for example, 1000 rubles). Total - 200 rubles.
- Penalty on the total debt.
If you take a loan for a large amount, then you need to be especially careful in the presence of this type of fine. So, if the amount of the debt reaches, for example, 100 thousand rubles, and the penalty is 1%, then the penalty will be 1000 rubles.
Considering possible fines for dishonest fulfillment of obligations, it is extremely important to make payments on time. Loan arrears must not be allowed.
Here are some tips to help you avoid late loan payments:
- Repay the loan only in branches / Internet services of the bank or its partners;
- Deposit funds 3-5 days before the date specified in the contract;
- Make payment no later than 12 noon so that the payment can be credited before the end business day. This is important, since the loan can be overdue even by making a payment through the bank's cash desk, if the transaction was made a few hours before the branch closed.
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 set time The bank may charge fines and penalties. This possibility is guaranteed by Art. 395 Civil Code RF
- 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. about. 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.
