In the article:
When the Home Credit debt collection service is connected to work with the debtor, your phone may stop giving you joy and become a source of irritation and stress. The rights of collection service employees in the instructions may differ from reality. If you still do not know what the Home Credit Bank Debt Collection Service is, then you are a conscientious payer of credit obligations, and you do not have to find out their phone number and where they are.
Debt collection service - what is it?
The rights of service employees allow them to use the contact details of the borrower in order to contact him and influence the negligent debtor in order to make the next payment on the loan or repay it in full. The main tool by which the Home Credit Bank Debt Collection Service communicates with the client is the telephone.
That is why, when applying for a loan, one of the mandatory requirements is to have your own phone, preferably a landline. Remember that regular calls should not violate your rights, this is not acceptable. If they become persistent and intrusive, then you can contact the police so that the activities of the service and their rights are checked by the relevant authorities.
If you are wondering where this service is located, you can easily find this information on the Internet. Location - 100 km from the Moscow Ring Road. It turns out that the Collection Service of Home Credit Bank is far enough away from you and can exercise its influence only through telephone conversations, while making the most of its rights.
Employee Rights
Home Credit Debt Collection Service where it is located, you can find out the exact address if you really want to. However, you will absolutely not need to visit this place, since the service employees work exclusively remotely, using only the phone. The rules of each specialist are written in special scripts.
First of all, the debtor is called. It is possible that the delay arose due to forgetfulness, or the borrower made an incomplete payment amount. Delay - and with it a fine! - can arise literally for a few rubles. The debtor avoids direct communication with the bank - an SMS notification is sent about the need for urgent repayment credit debt.
If the call to the client did not bring results, then the rights of specialists allow calling those persons whose details were indicated additionally in the applicant's profile. Employees have the right to clarify in general terms the life situation of the borrower and ask relatives and colleagues to tell the defaulter what it is - penalties for late payment.
Every specialist in work with overdue payments should be able to motivate the client to pay off the resulting debt. It is forbidden to raise your voice at the client during a conversation, threaten him or use obscene language. Even if the interlocutor behaves in the exact opposite way.
How to find out the amount of debt
Now that it has become clear what the Debt Collection Service is, you should take care to clarify the amount of the delay and fulfill your obligations to the bank. In this case, Home Credit specialists will also help him.
Ways to clarify debt:
- Call to the contact center of the bank. This line operates free of charge, 24 hours a day. In order to find out the balance of the debt on the loan, you need to name the number of the loan agreement, as well as the last name, first name and patronymic of the debtor and his passport data.
- Internet banking. This is possible if the borrower has gained access to this system by calling hotline. Here, the information that the operator will require will be identical to the information indicated in the previous paragraph.
- A visit to the bank. The specialist of the department needs to present a passport and a loan agreement.
Delays in loan payments lead to the fact that the Debt Collection Service is activated, as well as other unpleasant consequences
Conclusion
Obviously, it is always possible to prevent communication with the Home Credit Debt Collection Service via telephone. To do this, you just need to accurately and on time make payments under the contract. Otherwise, you will have to experience for yourself what it is like when the phone rings incessantly and the collection specialist constantly asks you about the reasons for the delay in payment. Although the rights of specialists are limited by special instructions, the very fact of constant pressure from these people can become a source of stress.
1. At the request of Home Credit Bank, the court ordered me to pay the bank the debt in a single payment plus legal costs. A total of 216 thousand rubles. I filed an application with the court with a request to pay 160 thousand at a time, and provide an installment plan for the rest. The court denied this request. The judge advised to try to conclude a settlement agreement with the bank regarding the installment plan. How to write this document correctly? Can the installment issue be resolved in the collection department of the bank, or does it need to be resolved with bailiffs? Please advise me how to proceed so as not to be deceived. Thank you.
Lawyer Kolkovsky Yu.V., 100689 responses, 46982 responses, online since 07/05/2015
1.1. You need to resolve this issue with the bank,
If you need help in preparing an application, you need to order a job in a personal lawyer.
Lawyer Sysuev A.A., 3997 responses, 2749 reviews, online since 11/21/2013
1.2. Greetings.
It is possible to resolve this issue directly with the bank. But banks rarely meet borrowers.
The court denied you an installment plan for the execution of the court decision.
You can also resolve this issue with bailiffs.
It is, in principle, even better to pay the debt through bailiffs.
2. I took a loan from Home Credit Bank. Namely, a credit card 40 thousand rubles. paid regularly. Received an SMS with the amount of the monthly payment. The phone was on 2 sim cards. I used 1 and in connection with this 1 sim was blocked, which was tied to the card. So SMS stopped coming. I accordingly calmed down and did not pay, thinking that I had paid everything. After 2 years, they call me and say that I have to pay 55 thousand rubles. For late payments. QUESTION: Is it possible to reduce this amount somehow? The collection department requires a minimum of 40 thousand.
Lawyer Osipova N. V., 19443 responses, 9793 reviews, online since 10.02.2016
2.1. Hello!
Send the collection department to court.
In court, ask to reduce the penalty, according to Art. 333 of the Civil Code of the Russian Federation.
I wish you good luck and all the best!
Law firm OOO "PRAVOPRO", 20568 responses, 12061 reviews, online since May 18, 2017
2.2. Good day!
Do not pay anything and wait until they go to court. Ask the court to apply Art. 333 of the Civil Code of the Russian Federation, reduce both fines and interest for delay.
Best wishes to you!
2.3. penalty payable, statutory or contract, in the event of its obvious disproportion to the consequences of the breach of obligation, may be reduced in a judicial proceeding.
Lawyer Derevyanko S.Yu., 155781 responses, 56963 responses, online since 08/15/2012
2.4. Good day to you. It is very bad that you did not take a certificate of full repayment of the debt. Now you have to keep paying. Good luck and all the best.
Lawyer Piskareva N. V., 831 responses, 620 reviews, online since 03/15/2016
2.5. Hello. It will not work to reduce the amount, since it includes unpaid payments, fines and penalties. What you stated in the question will not be convincing in court. If you do not agree with the amount and do not intend to pay, wait for a lawsuit. In court, you can ask for the application of Article 333 of the Civil Code of the Russian Federation (reduction of the penalty). Banks, knowing this, as a rule, charge a very small penalty and its reduction will not make the difference. Credit card - very expensive banking product, so the amounts to be recovered are much larger. One thing can be said for sure - the bank will not reduce the amount.
3. I took a consumer loan at Home Credit Bank, made the first 2 payments, then got pregnant. this moment 100-something days, a letter came about full early repayment, a demand was made in the amount of 25 something thousand, I wrote on the site, and by mail and called the bank they said we are not dealing with your contract, the inspector in the collection department received an SMS with contact his number, in order to avoid the seizure of property, contact me, I contacted, said that there were no restructuring and installments, since he already had the contract and demanded full early repayment, he said you can only pay in half, 1 amount within 2 days, if I don’t pay puts a refusal and specialists will already leave to solve the problem with me personally, but why go to me if I’m not hiding anything, I’m trying to solve it myself, I’m pregnant, I don’t need these hassles now, today this inspector will call to ask about debt, of course there is no money, I don’t know what to do.
Lawyer Chernetsky I.V., 60619 responses, 18720 reviews, online since 09/18/2013
3.1. If the penalty payable is clearly disproportionate to the consequences of the breach of obligation, the court has the right to reduce the penalty. If an obligation is violated by a person exercising entrepreneurial activity, the court has the right to reduce the penalty, subject to the debtor's application for such a reduction.
3.2. Good day!
Explain to him that you do not have the opportunity to pay now in view of such and such a situation and ask him to go to court. She cannot come to you for an inventory of property. He has no such powers.
I hope my answer will be useful for you.
Lawyer Sopko V. K., 23169 responses, 13308 reviews, online since 01/16/2017
3.3. Anastasia. Good afternoon. You have already experienced the worst. Ignore calls from collectors. Now we have to wait for them to go to court. Try to participate in court. There you will ask to install or postpone the execution of the court decision.
Lawyer Ligostaeva A.V., 237160 responses, 74614 reviews, online since 11/26/2008
3.4. I made the first 2 payments, then I got pregnant. There is no work, of course, there is no money either,
---What are you going to support the child for? Nothing to pay the debt. Send them to court.
4. I took money from the bank and paid regularly until March 2015, then I turned to banks with a request to pay a slightly smaller monthly fee, but after that they sent me postcards, SMS, threatening calls, I turned to panic through Internet at Finzaschita LLC, but only in vain, every month they asked me to send some documents, then others, in the end: Tinkoff-calculated 50% from my pension, Home loan, their letter was formed on 05/17/2016, but I received it in September, since I don’t live at home, I asked them to write via e-mail, they send SMS in English, in this letter they write: as of May 17, 2016, the total amount of overdue debt under loan agreements is 208,035.52 rubles. Upon receipt of an amount of 41,607.10 on your accounts, the bank is ready to stop collecting the remaining amount of the debt in the amount of 166,428.42 rubles and confirm in writing the fact that the actions to collect the debt have been completed, the letter does not say until what time it is in force. I started calling, then one employee from the debt collection department talked to me, as if I were a criminal, that they would transfer my debt to collectors, then I would find out how not to repay the debts, that they would take the house, and on the phone they said that I would pay under one contract 81595.50 rubles, but otherwise you need to immediately deposit 103710 or pay 126451 rubles, what to believe? After all, I have 5 children, 8 minor grandchildren, and not one of the children does not have their own housing, they all rent, the youngest buys things in this house, since then she will return and live in the house, how can you save everything that she bought? I helped my eldest daughter, she promised to pay, but at work they cut her salary, and she has 3 children, her son-in-law works at 2 jobs, but even there small salaries, 3 sons also have families, the eldest also spins at 2 jobs, since there is no work such that they would pay well and on time, and 2 more sons live in countryside, so it rained all September and they didn’t work, which means there is no money, and you won’t earn much in the countryside, in the winter they will again look for work, but there are places in Moscow. That they don’t pay on time, or even throw them away. I beg you, tell me how you can do here, I have a pension of 7774.50 of which 50% are already being calculated, although I was not summoned to court, they will be calculated until 07. 2017., The remaining 50% I do not have enough to pay for a home loan.
Lawyer Titova T.A., 113285 responses, 49840 reviews, online since February 17, 2012
4.1. most likely calculated by order, you have the right to receive it in court, make objections - the order will be canceled
Lawyer Mikhailovsky Yu.I., 79744 responses, 29763 reviews, online since 06/28/2013
4.2. You can apply to the Court.
Article 37 of the Federal Law "On enforcement proceedings"of 02.10.2007 N 229-FZ. Granting a deferment or installment plan for the execution of judicial acts, acts of other bodies and officials, changing the method and procedure for their execution 1. A recoverer, debtor, bailiff has the right to apply for a deferment or installment plan for the execution of a judicial act, an act of another body or official, as well as a change in the method and procedure for its execution to a court, other body or official who issued the executive document. 2. If the debtor is granted a delay in the execution of a judicial act, act of another body or official, enforcement actions are not taken and enforcement measures are not applied within the period established by the court, other body or official that granted the delay. 3. In the event that the debtor is granted an installment plan for the execution of a judicial act, an act of another body or official, the enforcement document is executed in that part and within the time limits established in the act on the provision of the installment plan. Article 99 federal law"On Enforcement Proceedings" dated 02.10.2007 N 229-FZ. The amount of deduction from the salary and other income of the debtor and the procedure for its calculation several executive documents) no more than fifty percent of wages and other incomes can be withheld from the debtor-citizen. Withholdings are made until the full execution of the requirements contained in the executive document.
Lawyer Kugeiko A.S., 86702 responses, 38690 reviews, online since 05.12.2011
4.3. The percentage of recovery can be reduced in court. Contact a lawyer in person, with all the documents
Lawyer Titova T. N., 2816 responses, 1131 reviews, online since 07/19/2016
4.4. Firstly, your creditors have no right to threaten you, much less say that they will take your house (they have no right to do this). In addition, the law directly provides that any messages and information must be sent to you in Russian, the number of messages and calls to debtor clients is strictly limited. You can safely tell creditors that you will resolve all further issues with them through the courts, and in extreme cases, you are ready to consider written claims from their side with the debt calculation attached. Threaten to go to the police and the prosecutor's office with a complaint about their actions.
I don’t quite understand how you already calculate 50% of your pension. Are you now paying 50% of your pension to pay off your debt?
If the lender does not make a concession to change the terms of repayment of the loan and you have little money now, wait for the court and in court demand a reduction in the amount of penalties and fines under Art. 333 of the Civil Code of the Russian Federation, and also apply for a deferment (installment plan).
Good luck to you!
Lawyer Lepilin D. Yu., 15747 responses, 6927 reviews, online since May 31, 2016
4.5. Hello Olga Vasilievna!
As regards the penalty, you should obtain a court order in your hands and appeal against it.
You need to refer to Art. 333 Civil Code RF, if the court of first instance did not apply it: if the penalty payable is clearly disproportionate to the consequences of the violation of the obligation, the court has the right to reduce the penalty.
In terms of the principal debt, an application for a deferment / installment plan for the execution of a court decision should be submitted. By virtue of Art. 203 Code of Civil Procedure of the Russian Federation, the court that considered the case, according to the statements of the persons participating in the case, the bailiff, or based on the property status of the parties or other circumstances has the right to postpone or extend the execution of a court decision, change the method and procedure for its execution.
Mentioned in part one this article applications are considered in court. The persons participating in the case are notified of the time and place of the court session, however, their failure to appear is not an obstacle to the consideration and resolution of the issue put before the court.
The problem is this, I took a loan from a home bank for 2 phones, after which after some time I lost my job and could not repay the loan, the collection service department sent documents for the full repayment of the loan, put up the amount of 60 tr, paid 10 tr tomorrow I will pay another 10 tr, I wanted to agree on an installment plan of 2 weeks for full repayment but they don’t make concessions, what to do and how to talk to them? Read answers (1)
5. My wife has home credit in the bank. Due to the delay, they call and write from the collection department demanding to fully repay the debt ahead of schedule. They threaten to sue. We call and say that we do not refuse to repay the debt, only all at once ... well, no way. We have neither real estate nor a car, in a word, like a Latvian... Due to debts and loans, we had to sell everything, and even then we could not cover everything. We left for another region ... We live in a rented apartment, our parents have a permanent residence permit in the region where they left. In the new region, they temporarily registered in a rented apartment. They called the bank and said, if there is a court decision (executive), then let the bailiffs bring it according to a temporary residence permit. We have a question how to be in such a situation? And we also want to ask, here the wife has a salary of 17 thousand rubles. a monthly payment for 4 loans is 23 thousand rubles. What will be the decision of the court on the claim of home bank? Please give us good advice...
5.1. Good afternoon. The court will collect the debt.
Lawyer Danilova E. V., 5054 responses, 2111 reviews, online since 03/09/2016
5.2. There will be only one solution: the court will exact. But, you need to look at your contract. This bank has a lot to beat back. You need a lawyer in court. You can reduce the amount. Bailiffs will collect 50 percent from the salary. There is no property in the form of more than a single apartment, land, summer cottages and cars and no current accounts. The bank needs it. And no, they won't charge anything. Let them go to court.
If it is difficult for you to formulate a question, call the free multi-channel phone 8 800 505-91-11 a lawyer will help you
6. I had the following situation: I paid a loan to Home Credit Bank, most of the loan was already paid off and for family reasons it became difficult for me to pay a monthly payment, at that time the bank offered me a restructuring; closing the amount paid and opening new loan with a reduced amount or more long term. I regularly paid payments, but after 2 months I had to apply for a deferment of payment with the provision of installments, since I did not begin to make ends meet at all. In June, the payment was received a few days later than the due date of payment, and the bank demanded that I pay an amount of 385,000 rubles within a month, although the loan was for 170,000 rubles and of which 32,000 had already been paid. I came to the bank to find out the situation and somehow resolve the issue, I was sent to the non-payer department. In the evening, a representative of this department came to my house with pre-trial claim, where a requirement is made to pay the amount of expected losses that the bank will incur. And at the same time, this representative of the debt collection department began to offer help to reduce the interest and take a loan from another bank in order to pay off 205,000 rubles (allegedly he agreed with the bank to reduce the amount of the payment). As a result, this representative began to come regularly in the evening and arbitrarily enter my yard, demanding and at the same time offering help to take a loan from another bank. After his next visit and phone call, I told him that I had to write a statement to the police for illegal actions, visits and calls have stopped for now. But now I have such a question, since my financial position so far it hasn't improved much for me minor child dependent, and I am a widow, (all problems have arisen since I became a widow) can I stop paying the bank, or do I need to pay the minimum amount payment, because I can’t understand where my payments are now going to pay off the debt, or the bank will now charge me all kinds of fines and I will only have time to pay these fines. Although before the payment arrived later, I did not have a single fine and not a single delay in payment. Thank you in advance for your reply and clarification on how I should proceed.
Lawyer Semenov A.F., 35053 responses, 12311 reviews, online since 03/29/2015
6.1. If there is not enough money to pay the entire debt, then the interest and principal must be repaid first. Fines should not be paid. Ask the bank for a breakdown of the debt.
Lawyer Ternovykh I.A., 22807 responses, 6377 reviews, online since 06/23/2014
6.2. In your situation, it is necessary to study the nature of debt formation. The best way to solve it is court order. The algorithm of actions depends on a number of circumstances, in particular, the order of distribution of funds from the account and the terms of the agreement, as well as the presence of financial sanctions. For a more accurate answer, please contact in person.
6.3. Victoria, if there are ambiguities with payment, it is best to stop payments so as not to throw money away. Regarding the clarification of the situation, you need to contact the bank directly in writing and develop an algorithm of actions to establish the reason for the formation of this debt, and so on.
Lawyer Cat F. E., 22314 responses, 7962 responses, online since 08/18/2015
6.4. In the evening, a representative of this department came to my house with a pre-trial claim, where a demand was made to pay the amount of alleged losses that the bank would incur. And at the same time, this representative of the debt collection department began to offer help to reduce the interest and take a loan from another bank in order to pay off 205,000 rubles (allegedly he agreed with the bank to reduce the amount of the payment). As a result, this representative began to come regularly in the evening and arbitrarily enter my yard, demanding and at the same time offering help to take a loan from another bank.
the issue is decided by the courts.
7. I have an overdue loan from Home Credit Bank, I have not paid for a year.
I thought to wait for the court already, and then they call me from the debt collection department and offer to install the debt for 24 months with a monthly payment.
Lawyer Saraichuk A. A., 20074 responses, 9161 reviews, online since 01/08/2016
7.1. Hello, let's go to court.
Lawyer Shishkin V.M., 62633 responses, 25520 reviews, online since 11.02.2013
7.2. really a trick. Do not be fooled. Ask for an installment agreement in writing
Lawyer Piskareva N. V., 338 responses, 119 reviews, online since 03/15/2016
7.3. Hello. In fact, there is no delay! As soon as you make a payment, the bank will begin to demand full repayment (as an option). It is possible that in this way the bank delays the term limitation period. Either insist on concluding an agreement, or do not pay and wait for a lawsuit! In the agreement, it is desirable to stipulate a number of points that will protect you from further illegal actions of the bank.
All the best!
Lawyer Matveeva K.B., 23456 responses, 10899 reviews, online since 04/08/2013
7.4. It is more profitable for the bank to receive payments from you, accrue interest. If you are unable to pay, it is better not to pay, as the interest is paid off first, and then the debt.
Lawyer Kostenko O.V., 47227 responses, 20248 reviews, online since May 17, 2014
7.5. Better go to court
8. I have an overdue loan from Home Credit Bank, I have not paid for a year. I thought to wait for the court already, and then they call me from the debt collection department and offer to install the debt for 24 months with a monthly payment.
I asked "For the conclusion this agreement Should I go to a bank branch?
To which the answer was "No. We will email address We will send you a payment schedule. And you only need to deposit a certain amount within 10 days in order to fix the agreement for installments, so to speak"
I "Can I print an installment schedule at the bank branch?"
The answer to me is "No. We have a single database, but not a single employee will see your schedule"
Tell me what to do? What's the catch?
Lawyer Kalashnikov V.V., 188672 responses, 61686 reviews, online since 09/20/2013
8.1. The catch is that they may not sign anything with you.
I am a Home Credit card holder. By coincidence, for a long time I could not make any interest or repay the debt. When I contact the bank for settlement this issue, I was redirected (by phone) to the debt collection department. There was one answer to all my questions - either I pay the entire amount of the debt on the card + 5,000 (%) or my debt is resold to third parties. I don't have that kind of money. Please tell me the correct way. Read answers (2)
9. I have an overdue 4650 (remaining debt) from the amount of 10000 in the bank. The bank itself does not call me. But his employees write messages to my common-law husband in the social. networks with the following content: "We inform you that a civil lawsuit has been initiated against her at the moment
production in Judicial Department Home Credit and Finance Bank LLC. Same way
materials on you will be transferred to law enforcement agencies, in order to
initiation of a criminal case against you for fraud in banking according to
159.1. "Please tell me, can this be at all? And what should I do? There are also messages with the following content: "The Federation Council allowed banks to recover debtors' property without trial
Council of the Federation
passed a law according to which Russian banks will be entitled to claim
debts on loans out of court.
From the law
it follows that banks will be able to apply directly to bailiffs
in case the borrower does not pay more than two months on the loan
and violates the payment schedule. It is specified that the executive inscription
notary on loan agreement will serve as the basis
to collect a debt." besides, they insult and threaten that they will send the case to custody of the child? Please help! How should we be? And what should we do?
Lawyer Karnaukhov T. A., 453 responses, 165 reviews, online since 06/27/2016
9.1. Good day!
First, if possible, pay off the debt on the loan.
Second, do not take all insults and other threats personally, there are no such powers.
they won’t tell about fraud, because you initially paid your loan, then a difficult situation can not be paid!
and there are no such laws, all this is fiction!
In case of insults, record your conversation with the bank on a dictaphone and pass this recording along with the application to the police!
All the best to you!
10. I have an overdue 4650 (remaining debt) from the amount of 10000 in the bank. The bank itself does not call me. But his employees write messages to my common-law husband in the social. networks with the following content: "We inform you that civil proceedings have been initiated against her at the moment in the Judicial Department of Home Credit and Finance Bank LLC. Also, the materials on you will be transferred to the Law Enforcement Agencies in order to initiate a criminal case against you on the fact of fraud in the banking sector in accordance with Article 159.1." Can you please tell me if this is possible? What am I supposed to do? Messages with the following content are also received: "The Federation Council allowed banks to collect property of debtors without trial
The Federation Council approved a law according to which Russian banks will have the right to collect debts on loans out of court.
It follows from the law that banks will be able to apply directly to bailiffs if the borrower does not pay more than two months on the loan and violates the payment schedule. It is clarified that the notary's executive inscription on the loan agreement will serve as the basis for collecting the debt. "Besides, they insult and threaten that they will send the case to custody of the child? Please help! How should we be? And what should we do?
Lawyer Dubov N. Yu., 1995 responses, 659 reviews, online since 01/09/2016
10.1. Good afternoon. Banks cannot directly apply to bailiffs. They receive a court order and if you do not cancel it, then they turn to the bailiffs with it.
For more detailed advice, you can contact any lawyer on this site in a personal consultation.
11. Just yesterday I received an SMS from Home Credit Bank asking me to pay off the June 2008 debt. In 2008, was taken on loan mobile phone, but at that moment I was leaving the city and did not pay for several months, because it was not possible to make a payment. After a call from the bank, I paid everything, along with a penalty. And now, after 7.5 years, I receive an SMS with such a request. After this SMS notification, I called back to the indicated number of the collection department, and they told me that not a single payment had been made, and it was necessary to make a payment in the amount of 15,000 (!) Rubles. But what is strange is that the credit history was not spoiled and over the years I was given loans in other banks, and it is also most striking that Home Credit Bank did not receive notifications other than in the form of letters or calls until now. Tell me how to be in this situation. Thanks in advance!
Lawyer Antyukhin A.V., 328986 responses, 123201 reviews, online since 08/16/2011
11.1. Good afternoon In your case, either write an application for loan restructuring, if banks refuse to restructure and you have delays, wait for the banks to go to court. In court according to Art. 333 of the Civil Code of the Russian Federation, you have the right to file a petition to reduce the penalty, thereby reducing the debt to the creditor. You also have the right to write an application for the provision of installments or deferment of payment of the debt. Courts tend to favor borrowers.
Lawyer Isaev A. V., 1022 responses, 366 reviews, online since 05.11.2015
11.2. Hello! Do not pay anything, do not recognize the debt ... If the case comes to court, refer to the expired limitation period of 3 years.
12. I was overwhelmed by calls from employees of the collection department of Home Credit Bank, they call every 10-15 minutes throughout the day, and sometimes they call at night. They constantly threaten me and my family. They call my parents and threaten them. What can I do to stop them making threats. I can’t come to the bank’s branch myself, because a branch was closed in our city, the nearest branch is 600 km away. At the moment I am unemployed, I am registered with the Employment Center. I can't find a job, there are no vacancies at all. I also do not receive benefits at the Employment Center, due to lack of funding and lack of funds in the regional budget; according to the paper on the information stand.
Lawyer Markin S.V., 26483 responses, 10096 reviews, online since 01/11/2016
12.1. Contact the police with a statement about the threat to life from debt collectors
I have such a problem. On February 16, 2015, the home loan bank offered me an installment plan. I paid on a monthly basis. In September, I did not pay extra 100 rubles. They called me on October 27 and said that the installment plan was canceled and that I had to pay 99 thousand. Please tell me if I can continue to pay according to the schedule. I have a small child. I am a single mother, they call me and say that the documents are being prepared by collectors or they will be transferred to the department for the collection of the entire amount, what should I do, please tell me. Read answers (1)
13. I have such a question, I have two loans, one is 11500, the second is 8500, I was left without a job and did not pay for loans for 2 months, one bank, that is, Home Credit, called and calls, writes SMS, as it should be for bank employees, polite and adequate people, but Trust Bank, made my life unbearable, they call from 7 am to 10 pm without a break, my battery runs out all the time because of their calls, I have to walk with a charger, they talk disgustingly, boors, rude people, I yesterday I went and paid 5500, all I could, today the bank called me and said that I had to pay another 11 within 3 days, if not, then the bank puts me the entire amount of 150,000 tons of rubles, if I don’t pay, but I don’t pay and they know it and voice it themselves, then the bank will apply for an arrest on my only housing, and in next month I also can’t pay the full amount, because I need to work for a month to get a salary, and I still have to live on something. Tell me please, what can you advise me, have they already transferred me to the collection department, have they imposed a fine, can they take away my housing or, worse, put me in jail?
13.1. The only housing will not be taken away in accordance with Art. 446 Code of Civil Procedure of the Russian Federation, all the more they will not be sent to prison.
14. My mother took out a home loan, paid it off for a while, then stopped, died not so long ago! Now the calls are coming to me from the bank's collection department! I went to the tax office and found out that my mother owns a car (2104) after that I went to the notarius and wrote a letter of refusal to inherit! The apartment was state-owned, we lived together with my mother, after her death I wrote it out and a month later I submitted documents for privatization (I should receive documents one of these days! After death, I found out that my mother got married a year ago (I didn’t know) Her husband is not Russian And every day I receive calls from the bank! I tell them that I handed over the death certificate to the bank, to which they tell me that I still have to pay my mother’s debts, are their demands legal? If I refused the inheritance! And what should I do in such situation Thank you.
Lawyer Surikova T.I., 16445 responses, 5164 reviews, online since 08/01/2014
14.1. You are not responsible for your mother's debts if you did not inherit. Ignore bank calls.
Lawyer Miroshnikov A.S., 1475 responses, 541 reviews, online since 11/06/2015
14.2. You did everything right and the bank's requirements are not legal
Lawyer Bystrov N.V., 2046 responses, 442 reviews, online since 04.11.2009
14.3. The composition of the inheritance includes things belonging to the testator on the day of opening the inheritance, other property, including property rights and duties (Article 1112 of the Civil Code of the Russian Federation). Debt under the loan agreement is also part of the inheritance.
In order to acquire an inheritance, the heir must accept it (clause 1, article 1152 of the Civil Code of the Russian Federation).
The heirs who have accepted the inheritance are liable for the debts of the testator. Each of the heirs is liable for the debts of the testator within the value of the inherited property transferred to him (paragraph 1 of article 1175 of the Civil Code).
The creditors of the testator have the right to present their claims to the heirs who have accepted the inheritance within the limitation period established for the relevant claims.
Thus, if the borrower has heirs and they have not renounced the inheritance, then the obligation to repay the loan falls on them in shares proportional to the shares in the inheritance. Refusal of part of the inheritance due to the heir is not allowed (clause 3 of article 1158 of the Civil Code of the Russian Federation). That is, it is impossible to refuse the inheritance in terms of the obligation to pay the debt on the loan and agree to the inheritance in terms of acquiring any property of the testator.
If the deceased borrower was included in the life and disability insurance program, but the bank did not exercise the right to demand payment insurance compensation, then the heirs can apply to the insurer with a claim for the payment of insurance compensation in favor of the beneficiary - the bank (Appeal ruling of the Moscow City Court dated 04/08/2013 in case N 11-11027 / 2013).
If the borrower has no heirs or the heirs refuse to accept the inheritance, then the bank will not be able to present its claims for repayment of the loan and will incur losses in the form of unpaid loan funds and interest on them.
Lawyer Sokolov D.G., 142251 responses, 33019 reviews, online since 11/23/2008
14.4. No, illegal. Never mind.
15. Two weeks ago, a bailiff in the city of Khabarovsk called me, saying that I had received a court order to collect debt on a loan from Home Credit Bank. The amount of the debt was 253 thousand, I took 100 thousand. The bailiff told me that if I paid 10% of the amount, that is, 23 thousand, the bank would issue a restructuring for me and they would send me a new payment schedule. I was also informed by the bailiff by telephone that the order contained a requirement to initiate criminal proceedings against me on the fact of misappropriation Money(I do not know the article). That is, if I cannot pay 10% of the amount, they will send a resolution to the city of Komsomolsk-on-Amur where I live and other bailiffs will already work with me there, a request will be made to the Education Department (this is how I work as an educator in kindergarten), Juvenile Justice will also work with me, check whether my children eat cottage cheese every day and so on ... If you cannot prove legally (as the bailiff said) for what reasons I could not pay half a year for a loan, then all these measures will be accepted for me. I asked him why they simply didn’t want to deduct some amount from my salary, they told me that they would be deducted anyway, but the bank still demands to initiate a criminal case. I have not yet received a copy of the court order. Can I file an objection to a court order when I receive it? And can they really initiate a criminal case? I had no intent to embezzle money, I paid the loan for half a year. I have never been involved anywhere, I have been working as a teacher for 9 years. I wouldn't want to lose my job.
Lawyer Myshyakov S.V., 118780 responses, 38678 reviews, online since 04/17/2014
15.1. There is no corpus delicti in your actions.
Lawyer Tymoshenko A.D., 6864 responses, 2114 reviews, online since 03/07/2015
15.2. It was not the bailiff who called, but either a bank employee or a collector. Their task is to "pull" money out of you. I would not recommend continuing a relationship with this "bailiff". There is no corpus delicti in your actions. So, there can be no WOOD.
As for debt, try to settle this issue directly with the bank.
16. I received an SMS notification that, at the request of the bailiffs, my salary card, which also receives alimony for the maintenance of 2 minor children, was blocked. I pay 50% from my salary to pay off the debt to Sovcombank, but the bailiff, having looked at the information about the arrests, did not find information about the blocking on their part, it turned out that the Sberbank card was blocked by an employee of the home loan recovery department of the bank there I have a debt, I called this specialist, she answered me referring to court order which I have not seen in my eyes and article 108 she has the right to block cards that until I pay the debt the card will not be unblocked, what should I do?
Lawyer Myshyakov S.V., 118780 responses, 38678 reviews, online since 04/17/2014
16.1. file a complaint against the actions of the bailiff to a higher bailiff or in court.
Article 123. Filing a complaint in the order of subordination
1. A complaint against the decision of the bailiff-executor or deputy senior bailiff, with the exception of the decision approved by the senior bailiff, on their actions (inaction) is submitted to the senior bailiff, which is subordinate to the bailiff or deputy senior bailiff.
2. Complaint against the decision of the bailiff approved by the senior bailiff, the decision of the senior bailiff, deputy chief bailiff of the subject Russian Federation, their actions (inaction) are submitted to the chief bailiff of the subject of the Russian Federation, in whose subordination they are.
2.1. A complaint against the decision of the bailiff-executor of the division of the Federal Bailiff Service, approved by the senior bailiff, the decision of the senior bailiff of the specified unit, on their actions (inaction) is submitted to the deputy chief bailiff of the Russian Federation.
3. A complaint against the decision of the chief bailiff of a constituent entity of the Russian Federation or the deputy chief bailiff of the Russian Federation, their actions (inaction) is filed with the chief bailiff of the Russian Federation.
4. A complaint against a decision of an official of the bailiff service, his actions (inaction) can be filed both directly with a higher official of the bailiff service, and through an official of the bailiff service, the decision, actions (inaction) of which are being appealed.
5. Officials of the bailiff service, the decisions whose actions (inaction) are being appealed, send a complaint to a higher official of the bailiff service within three days from the date of its receipt.
6. In cases where an official of the bailiff service who has received a complaint against a decision, action (inaction) is not authorized to consider it, the said official is obliged to send a complaint within three days to an official of the bailiff service authorized to consider it, notifying the in writing by the complainant.
7. The person who filed the complaint may withdraw it before a decision is made on it.
17. I received an SMS notification that, at the request of the bailiffs, my salary card, which also receives alimony for the maintenance of 2 minor children, was blocked. I pay 50% from my salary to pay off the debt to Sovcombank, but the bailiff, having looked at the information about the arrests, did not find information about the blocking on their part, it turned out that the Sberbank card was blocked by an employee of the home loan recovery department of the bank there I have a debt, I called this specialist, she answered me referring to the court order which I have not seen in my eyes and article 108, she has the right to block the cards that until I pay the debt the card will not be unblocked, what should I do?
Lawyer Shuk P.S., 124453 responses, 52628 reviews, online since 07.05.2012
17.1. Bailiff NOT RIGHT - apply to the court - the card will be unblocked + moral damage.
GOOD LUCK TO YOU
18. In 2013, he took a consumer loan of 100 tr. (5300 per month for 48 months), in 2012 a credit card of 100 tr. (4500 min payment for decades). In 2014, due to the change of work, there were constant delays in loans. In February 2015, I wrote an application to the bank for a loan holiday, because. I was admitted to the hospital for an operation (there is a sick leave). Before that, I paid off all delays and fines, i.e. align their payments with the payment schedule. The bank allowed me to pay 1,000 rubles for each loan for 6 months. All this happened in KKO home credit Stavropol at the address: Stavropol
st. 50 years of VLKSM, d. 62/1, And so I pay 4 months as agreed, and suddenly, the bank demands me to pay 180 tr. on demand Credit. Of these, a little more than 90 tons. principal debt, 24 tr. overdue amount, 5 tr. the amount of the next payment, and, ATTENTION, 60 tr. BANK LOSS! I began to find out where such amounts came from and why, and found out. It turns out that in order for the bank to provide such a delay, it was necessary to make a payment of 2 tr. The teller should have informed me about this (which of course she did not, I think so because of her inexperience). Moreover, for 4 months the bank was silent and waited for a delay of 130 days. The collection department bothers me with calls demanding to pay off the AMOUNT of 180 tr ahead of schedule. They were so kind that they gave me an installment plan: the first payment is 12 tr, then 10 payments of 25 tr. In total, it turns out 262 tr. with an existing debt of about 100 tr. Naturally, I do not agree with these conditions. I think it's a robbery! Now they say that there will be no installments and on July 10 they send my contract to collectors. What should I do?
18.1. The bank has the right to transfer the debt individual collection agencies only with the consent of the debtor. This follows from the provisions of paragraph 51 of the Decree of the Plenum Supreme Court RF No. 17 dated June 28, 2012 “On consideration by courts of civil cases in disputes on consumer protection”.
Wait for judgment. Provide the court with documents confirming the financial situation. Ask to apply Article 333 of the Civil Code of the Russian Federation - to reduce the penalty. After the court decision, apply to the court for installments based on how much you can repay per month (you can draw up a repayment schedule)
In accordance with Article 203 of the Code of Civil Procedure of the Russian Federation, the persons participating in the case have the right to file an application with the court for an installment plan or postponement of the execution of a court decision, that is, to change the term for its execution
19. Bank Home Credit and Finance Bank, the recovery department unlawfully seized a patched card from which 50% of the funds are already debited by bailiffs for IP of another bank. The funds were debited to the Home Credit account within 3 months, leaving me without a livelihood. After the bailiffs sent them confirmation that I still have a salary card and 50% of the Home Credit Bank was already being debited from it, the arrest was lifted, but there was no money written off. Can I get a refund? And who should I apply for?
Lawyer Budevich A.A., 596 responses, 207 reviews, online since 10/23/2014
19.1. write an application to the bank for the return of illegally withheld funds, if they refuse, file a lawsuit with the court
Lawyer Mayorova O.A., 2258 responses, 683 reviews, online since 03/06/2014
19.2. Good afternoon!
Write a statement (written) about the reasons for the deductions for the period. Then contact the bank with a consumer protection claim, clearly formulate the requirements, indicate Bank details to transfer the amount. Wait 10 days. In case of non-refund of the amount and / or failure to provide a response, file a claim with the court.
If you need help - contact
20. Problem with Home Credit bank. I have been using this credit card since 2012. At the moment, there is such a situation that there is nothing to pay the next payment, which I inform the specialists of the collection department every time (they call often, and every time a new person is already tired).
In the last conversation, I was advised to take money from friends and relatives. An aggressive reaction followed my refusal to do this: they told me that I was not a good person, that they would judge me (and the trial would take place without my participation), and they would force me to pay the entire amount at once. After my answer, that if the court session takes place without my presence, I will challenge his decision. The girl from the collection department freaked out, said: Then I will now mark that you refuse to pay, and transfer your case to more high level!, then hung up.
Question: what kind of trick can you expect from this bank? Can I terminate the contract with the bank myself and pay the money to the best of my ability.
Thank you!
Lawyer Korobov P.A., 611 responses, 169 reviews, online since 04/17/2015
20.1. Good afternoon, Ilya. In this case, the bank may require the bank to terminate the contract in the event of filing a claim for the recovery of debt and interest. After the decision is made, interest will no longer accrue, and therefore it is possible to pay the debt in the course of enforcement proceedings. You can also contact a lawyer for an in-person consultation to clarify all the nuances.
I took a loan from Home Credit Bank, 180,000 rubles, paid for some time, then problems arose, after some time bank representatives came home and said that the collection department had charged 460 or 470,000 rubles for all delays! I didn't pay. Now they are starting to write again and demand immediate repayment in order to avoid selling the debt. Read answers (1)
21. Hello! I have such a problem! The recovery department of the home loan bank calls me and threatens to describe the property of me and my relatives. A! I am a disabled person of the 2nd group due to epilepsy. My pension was arrested and now I have nothing to live on. this is good! I live with my mother and she receives a pension. She is feeding me. Ah! now I can't help but eat, dress nothing at all. Because my pension was arrested. A! What should I do if my property is described and how can I live then? The home loan bank took my pension, it seemed to them that this was not enough. They still refuse and say that no payments have been received. The bailiffs tell me that my pension was arrested just because of the debts to the home loan bank. Ah! as soon as you say this to the bank. They refuse and that's it. What is the pension? We don't know anything about the pension. I already have a fear that they will come and take away everything that I bought with my pension, and not with bank money. How can I deal with this? How can I make the bailiffs not come and seize my property? Sincerely! Sergey.
Lawyer Zekrina A.A., 119467 responses, 42234 reviews, online since 03.10.2013
21.1. The joint venture has the right to seize the accounts. It is necessary to provide a certificate stating that the pension is transferred to this account. Then they should keep 50%. :sm_bs:
22. They took a loan from a home bank, 45,000 rubles. the delay is 48 days, the bank gave three days to pay off the overdue debt, which amounted to 7125 rubles 46 kopecks. or otherwise refer the matter to the Legal Department for collection of the full amount owed.
No money, nothing to pay. The family is poor, I work alone, my husband is temporarily laid off, there is a minor child.
In real estate, the apartment I received from the state as an orphan. The apartment is not specified in the contract as it was received after the loan was issued.
The question is what to do in this situation? Can bailiffs describe this apartment in case of court?
Thank you very much in advance!
Lawyer Fayzrakhmanova K.R., 34 responses, 11 reviews, online since 09.02.2015
22.1. Good evening, Oksana Sergeevna!
It is necessary to apply to the bank with an application for debt restructuring, perhaps the bank will come to meet you. But the bank may refuse you. Still worth a try.
If you are no longer interested in the cleanliness of your credit history, then pay only the main cost of the loan, no matter what they tell you on the phone lawyers or collectors.
Let them go to court to collect interest from you, and already in court, when you provide explanations, the court most often significantly reduces the amount of penalties and fines of banks.
What can I say about your apartment?
according to paragraph 1 of article 446 of the Code of Civil Procedure 1. Collection of executive documents cannot be applied to the following property owned by a citizen-debtor on the right of ownership:
residential premises (its parts), if for a citizen-debtor and members of his family living together in the owned premises, it is the only premises suitable for permanent residence, with the exception of the property specified in this paragraph, if it is the subject of a mortgage and on it in accordance with mortgage legislation, foreclosure can be levied;
23. There is an overdue debt on a loan from Home Credit Bank. The bank has not applied to the court at the moment, there were no subpoenas. Collection service employees came to my address twice, but I was not at home at that moment. For the first time, an employee knocked on the door of a neighbor and introduced himself as an officer of the Economic Crime Department, asked him for information about me and handed a letter with a note personally into his hands, with information about the amount of the debt, so that he would give it to me. The second time, a recovery officer knocked on the door of another neighbor and introduced himself as a police officer, again, he found out information about me and explained this by the fact that I was suspected of theft. How legitimate are their actions and what should I do in this situation?
Lawyer Myshyakov S.V., 118780 responses, 38678 reviews, online since 04/17/2014
23.1. Hello. Actions are illegal - file a complaint with the police on the fact of extortion
24. Due to the situation in our country, the employer, an individual, does not pay for the second month wages, there were delays on loans, the bank does not want to talk and do not make concessions. I do not refuse to repay the loan, but I ask the bank for a deferment and refinancing due to a difficult financial situation. In Home Credit Bank, your problems are answered, the country has nothing to do with it .. and stuff like that. They promise to send collection officers to me. Do these employees have the right to enter my apartment and what rights do they have. Thank you very much in advance. Sincerely, Vladimir.
Lawyer Gataullina R.R., 59539 responses, 20059 reviews, online since 11/05/2014
24.1. They do not have the right to threaten you, call you, come home and generally demand payment of the debt. Call the police, then write to them in the prosecutor's office. Say that you will pay only by court order, and in court demand a reduction in interest, write-off of all penalties and fines, as well as installments. Good luck!
25. The question is, I contributed 45,000 to repay a loan at a home loan bank so that they would slowly withdraw their 4,300 and not touch me. The home loan bank, without notifying me without my application, wrote off this money as partially early repayment and now he demands payment of the remaining amount in full in the amount of 53,000 of that kind of money, of course, no, today I talked with the home loan collection department from a girl, she tried to extort the phrase from me I refuse to pay, I never said help please.
Law Firm Consulting Group "LAL", 111 responses, 39 reviews, online since 01/14/2015
25.1. Everything is simple for you, but you can’t tell in absentia. You need to look at the terms of the contract and the payment schedule. if you did not violate the terms of payment and simply deposited it ahead of schedule and did not write an application for early payment, then it’s generally strange. but if you wrote an application for early payment, then they deducted the amount from you and require a current payment.
without seeing the contract, the schedule and the fact that you paid, I can’t say more
26. Urgent consultation needed! I took out a loan (in the Home Credit Bank, let everyone know) for goods for a year, I decided to pay it off ahead of schedule. I came to a bank employee, she made a printout for me, paid the amount + interest. He clarified that nothing more is needed - no. A month later, a message comes and then a call that I have to pay 110 rubles a month, because I did not pay 50 kopecks extra. There was no one to explain over the phone, but they made a note about the appeal. The next day I wrote a complaint to the manager. They considered it for a month, then they called and said that everything was fine and they would decide within 20 days, but 1.5 months had already passed and the collection department began to call. Is there a solution through the bank? In my opinion, unskilled people work there, so everything will drag on for a long time. What to do?!
Lawyer Kolotusha D.V., 12600 responses, 5475 reviews, online since 01/30/2013
26.1. it is necessary to decide either in the bank or in court, there are no other options
27. Please tell me if banks have the right to transfer or to collectors anyone's personal data other than mine. The fact is that I have not been paying for 4 loans in 3 banks for 3 months now, one bank has been calling my relatives from the collection department, and another bank has transferred support to business asset collectors and they also call and morally press my relatives. Naturally, they call and tell me about a criminal record, they say that I stole money from them, a visiting group of police officers from the bank and the Ministry of Emergency Situations are already coming to me, and another employee of the recovery department of the home loan bank said that I and my whole family would cry and beg on their knees to them. I fully and completely recognize what I owe them all and do not give up my credit obligations, but I financial difficulties I just found a job now on probation. WHAT TO DO HELP ME.
Lawyer Samarin A.V., 51786 responses, 16433 reviews, online since 07/23/2009
27.1. Hello. Don't pay anything if you can't pay
the full amount immediately, and revoke your consent to the processing and transfer
personal data from the bank (this is so that debt collectors are not transferred). meaning
there is no payment, since you will only extend the limitation period by this, and the entire amount
still don't pay. And delays will go, fines will be imposed and% the same. This is if you can not pay for a long time. Realistically assess the prospects. If you can, let's say a month. after 3, repay both the delay and the amount of the principal debt, that is, it makes sense to pay in small amounts, otherwise, it is pointless for the reasons indicated above. Pay more in the end. They still have no right to collect from you more than 50% of the income.
Tell them to sue. And to reduce the penalty, after the entry into force of the court decision-installment payment. The bank does not give a damn about what you have
difficulties, children, wives and dogs are hungry, so that the bank will meet
You from the category of fantasy.
The advice of some lawyers that it is possible, in accordance with 451 of the Civil Code of the Russian Federation, to terminate the contract on their own, at least is not based on anything, 99% of the courts refuse in such cases.
Remember that according to
Federal Law No. 353-FZ of December 21, 2013
(as amended on 07/21/2014)
"About consumer credit (loan)"
Article 12. Assignment of rights (claims) under a contract consumer credit(loan)
1. The creditor has the right to assign rights (claims) under a consumer credit (loan) agreement to third parties, unless otherwise provided by federal law or an agreement containing a condition on the prohibition of assignment, agreed upon at its conclusion in the manner established by this Federal Law. At the same time, the borrower retains in relation to the new creditor all the rights granted to him in relation to the original creditor in accordance with federal laws.
2. When assigning rights (claims) under a consumer credit (loan) agreement, the creditor has the right to transfer personal data of the borrower and persons who provided security under a consumer credit (loan) agreement in accordance with the legislation of the Russian Federation on personal data.
Article 15
1. When performing actions aimed at extrajudicial repayment of the debt that arose under a consumer credit (loan) agreement, the creditor and (or) entity with which the creditor entered into agency contract providing for the performance by such a person of legal and (or) other actions aimed at repaying the debt that arose under a consumer credit (loan) agreement (hereinafter referred to as the person carrying out activities to repay the debt), has the right to interact with the borrower and the persons who provided security under the consumer credit (loan) agreement credit (loan), using:
1) personal meetings, telephone conversations (hereinafter referred to as direct interaction);
2) postal items at the place of residence of the borrower or the person who provided security under a consumer credit (loan) agreement, telegraph messages, text, voice and other messages transmitted over telecommunication networks, including mobile radiotelephone communications.
2. Other, with the exception of the methods specified in Part 1 of this article, methods of interaction with the borrower or the person who provided the security under the consumer credit (loan) agreement, at the initiative of the creditor and (or) the person carrying out debt recovery activities, can be used only when the presence in writing of the consent of the borrower or the person who provided the security under the consumer credit (loan) agreement.
3. The following actions are not allowed on the initiative of the creditor and (or) the person carrying out activities to repay the debt:
1) direct interaction with the borrower or the person who provided the security under the consumer credit (loan) agreement, aimed at the borrower's fulfillment of the obligation under the agreement, the due date for which has not come, unless the right to demand early fulfillment of the obligation under the agreement is provided for by federal law;
2) direct interaction or interaction through short text messages sent using mobile radiotelephone networks on weekdays from 22:00 to 08:00 local time and on weekends and non-working days holidays from 8 p.m. to 9 a.m. local time at the place of residence of the borrower or the person who provided security under the consumer credit (loan) agreement, which is specified when concluding the consumer credit agreement (the agreement that ensures the execution of the consumer credit (loan) agreement or about which the creditor was notified in the procedure established by the consumer credit (loan) agreement.
4. The creditor, as well as the person carrying out activities to repay the debt, is not entitled to take legal and other actions aimed at repaying the debt that arose under a consumer credit (loan) agreement with the intention to harm the borrower or the person who provided security under the consumer credit agreement (loan), as well as abuse the right in other forms.
5. When interacting directly with the borrower or the person who provided security under a consumer credit (loan) agreement, the creditor and (or) the person carrying out activities to repay the debt are required to report the last name, first name, patronymic (the last one, if any) or the name of the creditor and ( or) a person engaged in debt collection activities, or location, last name, first name, patronymic (the last one, if any) and position of an employee of the creditor or a person engaged in debt collection activities that interacts with the borrower, location address for sending correspondence to the creditor and (or) a person carrying out activities for the return of debt.
28. There is a debt on a loan from Home Credit Bank. Didn't pay more than a year, the bank had already stopped calling and suddenly the phone rang yesterday, they introduced themselves as the Department before judicial recovery, the conversation took place as follows: - The bank is holding a campaign to write off debts
I was offered to pay 130 thousand and allegedly the bank will no longer have claims against me
So the question is, could this be true or is this a trick of the debt collection department?
Lawyer Shevchenko O.P., 177970 responses, 77656 reviews, online since 04/27/2009
28.1. it may be true, in this case it will be necessary to sign an appropriate agreement with the bank
Lawyer Kravtsev S.V., 2597 responses, 705 reviews, online since 09/18/2014
28.2. Most likely not true. It's a collection agency ploy. Contact me, I'll help.
29. There is a debt to the Home Credit Bank under two agreements (she paid everything regularly, but due to financial difficulties that arose in the last three months it was not possible to make a single payment). The bank threatens to go to court (which I do not mind, I spoke about this in conversations with employees of the collection department, and did not refuse to pay loans, however, having learned that I could only pay small amounts temporarily, the specialists stated that the bank would not be satisfied with such an amount, and they will not record this response, but will indicate that I am refusing payment). The bank has now announced that it will apply for a lien on my property by a judge before the trial. In fact, all my property is a salary account, from which 50 percent of the writ of execution for her husband's old loan. Do they have the right to freeze my account pending trial?
Lawyer Neklyaeva E.V., 79738 responses, 26382 reviews, online since 03/10/2014
29.1. Prior to the trial, they do not have the right to seize your bank account.
Lawyer Ponomareva I.A., 36948 responses, 11332 reviews, online since 10/16/2002
29.2. It's not about the arrest, but about the imposition of interim measures. As a rule, on salary cards provisional measures are not imposed. In any case, this has not happened in my experience.
All the best,
30. Home Credit Bank. Delays. Was out of work for a long time. Got settled today. I will start working from tomorrow. First paycheck in two weeks. Enough for monthly payments. I spoke to the collections department today. They need a response within two days. Either I give the entire amount of 124 thousand at once (which is impossible. Well, I don’t have such an amount now.) Or prepare papers and file a lawsuit (according to them, the court will be without me. They will come to describe the property at the place of residence. But I don’t live there anymore more than half a year. And my grandfather has nothing to describe there. I have no real estate and property.) 1) why will the court supposedly be without me? Is that possible? 2) I do not refuse to pay, but if possible. How to act and what to answer them? ps: restructuring is not given.
Lawyer Shpadyrev A.A., 72516 responses, 23652 reviews, online since 12/25/2013
30.1. do not pay more to banks if it is not possible. Require banks to go to court.
Don't be afraid of judgment. Of course, it is better not to bring the matter to enforcement proceedings and communication with bailiffs. From a moral point of view, this is not the most pleasant procedure. But it also has advantages. Firstly, civil law has many loopholes that help insolvent debtors, and with the help of an experienced lawyer, your case can be resolved in a favorable way - the bank will agree and provide restructuring, even if it was initially opposed. Secondly, in court you can reduce illegally accrued fines, commissions, and sometimes interest on the loan. Since March 02, 2010 the Higher Arbitration Court The Russian Federation adopted a decision on the illegality of charging commissions on overdue loans, the illegality of changing the loan rate, etc.
Lawyer Iskenderov E.E., 143123 responses, 44027 reviews, online since 06/30/2013
30.2. Collectors (whatever they call themselves) are arrogant and unceremonious people, but at the same time, in principle, they have no rights. All they allow themselves is what you allow them. Entering into negotiations with them means giving them a reason to believe that you can be "pressed".
Contrary to what they say, these people DO NOT HAVE THE RIGHT:
- enter your home;
- inspect, describe or seize your property or accounts;
- prohibit you from leaving the Russian Federation or arrest you;
- take away your children, deprive you of parental rights, fire you from work.
Do not enter into communication with the person who called you, do not call yourself if calls will come to you on cellular telephone- block incoming calls from these numbers. Do not agree to personal meetings, but you can invite them to file a lawsuit with the court (claims are filed according to the rules of Articles 131, 132 of the Code of Civil Procedure of the Russian Federation). These persons cannot do anything to you, but if they rudely invade your personal life, write a statement to the prosecutor's office or the police.
Until there was a trial and, according to a court decision or a court order that came into force (which is easy to cancel), enforcement proceedings were not initiated (Article 30 of the Federal Law of October 2, 2007 N 229-ФЗ “On Enforcement Proceedings”), within which the bailiffs will seek debtor's property to pay off the debt, no one has the right to do anything to you.
My advice is to ignore them.
If there is no money, then wait for the court and ask the court to reduce the penalty for late payments under Art. 333 of the Civil Code of the Russian Federation
Lawyer Groholsky O.A., 363 responses, 116 reviews, online since 09/06/2014
30.3. In any case, you are obliged to notify the court itself about the court! Well, you’ll have to pay through the bailiffs of business,) they will make a recovery from the salary and that’s it! and the property that my grandfather has, but who needs it, you don’t take it for safekeeping during arrest, let me take the old pots
And for this you will pay 1042.23 rubles. This is 11.8% of the amount owed for 33 months, which means 4.29% per annum. Not bad? In my opinion, very loyal and not scary, if you look.
- Well, let's be afraid. They say that movable and real estate will be arrested after the trial. Account blocking. They are right, of course, but those who are in the School of Revitalization already know how to secure both property and money in their accounts.
- Then they threaten that there will be a ban on all credit cards. Oh God! This is something new. Sheer nonsense - no one is yours credit cards in other banks will not touch. Only debits can be seized and then we know how to deal with that.
- Well, then the classics - scarecrows with a criminal - Art.
Collection at a distance
Putting their signature in a loan agreement, some borrowers for some reason think that its content is not so important. A fur coat, repairs, holidays paid for with borrowed money, of course, are more important at that moment. However, when signing a contract, you need to turn off your emotions and use your mind to understand your obligations and the procedure for fulfilling them.
Important
Pay attention to the loan repayment procedure and possible sanctions for non-fulfillment of obligations. Inattention or unwillingness to read the contract can go sideways. I think I'm paying the bank too much already. Perhaps he will have enough. It's hard to believe, but many borrowers really think so! But when signing a loan agreement, part of which is a payment schedule indicating the full amount to be repaid, the borrower expresses his full agreement with its terms and undertakes to fulfill them.
Home Credit Bank began enforcement of loan debt collection
Telephone consultation 8 800 505-91-11 The call is free Subject: Problem with the bank Hello! I have such a problem! The recovery department of the home loan bank calls me and threatens to describe the property of me and my relatives. Read answers (1) Topic: Home Credit & Finance BankBank Home Credit & Finance Bank's collection department unlawfully seized a patched card from which 50% of the funds are already being debited by bailiffs on IP of another bank.read answers (2) Topic: Bank debtsAnother A call from the collection department of Home Credit Bank. Day off. Morning. The conversation was recorded, there are dozens of records.
Home loan collection department
Info
What to do? (not the fact that it will help, but if you send a registered letter with a list of attachments and a receipt receipt, you will have evidence that you tried to protect yourself from threats) (If he does not give his full name, it is enough that he identified himself as a bank employee / agencies). Once again calmly explain all the circumstances of the problem. If there are grounds, let them sue. If the threats continue, say that the conversation is being recorded and you will go to court.
Attention
For employees of the collection department of the home loan bank, I promise the bank to close the debt as soon as possible. But I also ask the bank not to disturb me so often. We analyzed all the dialogues of our employees with you and did not find confirmation of your words. Employees contact the phone numbers that you indicated on your own in the application form, because you do not contact the Bank on your own.
And besides, a 7% enforcement fee, which is paid to bailiffs, will be added to the amount. Yes, this is true, but let's calculate how expensive it is.
- The amount required by the bank is 8774.73 rubles. A fortune!
- State duty - 400 rubles. Total, together with the state duty, the amount of debt on the loan - 9174.73 rubles
- Executive fee 7% - 642.23 rubles.
Total all together - 9816.96 rubles. The difference is 1042.23 rubles.
You will pay a whole thousand rubles more after the trial, when the bailiff has the case! Moreover, you can pay the bailiff voluntarily, of course, if you use all the legal tools that the School of Revitalization has and secure your property and source of income. For example, you pay a bailiff 500 rubles a month, and maybe even 300. Come on, 300? You will need 33 months to pay off the debt.
“subsidies mortgage agency yugra payments 2012”
Do not be afraid to pick up the phone and do not hide from the bank. Try to calmly listen to the specialist and explain your current situation. After all, all the bank employee on the other end of the wire needs is to remind you of your obligations and clarify when you plan to fulfill them. After all, are you planning? If you do not plan, then it will not be the collection specialists who will talk to you, but the police, because this is already a scam.
No, I don't need insurance! Nothing will happen to me. Everyone who has taken a loan knows that bank employees recommend taking out insurance. But few people think about the bad when they receive money on credit and plan numerous pleasant purchases.
Meanwhile, insurance is an absolutely necessary thing in case of disability or layoffs. When insured event it can fully cover your loan obligations.
Home loan collection service
We continue to parse and fear the credit letters of happiness that collectors and banks send us. And this time, let's tremble with you from the notice of the beginning of the compulsory collection, which is sent by Home Credit Bank, aka HCF, aka Khomyak. Well, are you ready to be afraid? Go. I want to note right away that the letter is impolite and simply written with the name of the borrower and “no hello or shit” they start talking about gross violations of obligations for the timely transfer of money.
HKF-Bank says that it has already prepared documents to the court for enforcement. Damn, I'm already scared, and you? Moreover, bankers say that the amount is final and full repayment of the loan is required. Well, then they somehow abruptly switch to the fact that when the documents get to court, the borrower will pay not only the debt under the loan agreement, but also legal costs - the state fee.
7 Phrases That Cause Debt Collection Specialists
The bank violated the Civil Code in this case?read answers (1) Subject: Debt in Home Credit BankThere is a recording of negotiations with an employee of Home Credit Bank, collection department, as follows: the employee under the pretext of clarifying a few questionsread answers (1) Subject: Employment Center unemployment benefitsMe employees of the collection department of Home Credit Bank overcame calls, they call every 10-15 minutes throughout the day, and sometimes they call at night to read answers (1) Subject: I am on maternity leave I have a debt in Home Credit Bank in Yekaterinburg, the collection department constantly threatens me - to transfer debt to collectors (and they will double it 2 times read answers (2) Subject: Collectors My wife has home credit in the bank. Because of the delay, they call and write from the collection department demanding to fully repay the debt ahead of schedule.
You can discuss any issue with the operator, whether it is the loan balance, Required documents for a loan, current Home Credit rates on deposits and much more by dialing the Home Credit Bank hotline number. Debt in Home Credit Bank: how to find out and what to do First of all, you should warn the bank that you cannot fulfill your obligations to it - make loan payments in deadlines. To do this, you must write a statement explaining your situation and requesting a deferred payment.
« Credit holidays"- this is a type of deferment in which only interest on the loan is paid, i.e. quite a small amount. I'm getting threats from the debt collection service because of the confusion in the relationship between the computer store and the bank.
And no arguments based on personal considerations of borrowers can convince either the bank or judiciary in the opposite. - Of course, buddy! I believe you, so I will take out a loan in my name. Are you going to pay it regularly? They say "If you want to lose a friend, give him a loan." The same can be said in this situation: “If you want to lose a friend, take a loan for him in your name.”
Life is an unpredictable thing, friends quarrel, disperse, disappear - there are millions of such cases. And the loan will eventually have to be paid to the one whose name is on the loan agreement. The bank is calling again! I won't pick up the phone. From talking money to pay off the debt, I still will not appear. Many people may experience financial difficulties that make it impossible to repay a loan. In such cases, banks actively call borrowers to settle the situation.
- Home Credit Bank Hotline.
- Debt in Home Credit Bank: how to find out and what to do
- I'm getting threats from the debt collection service because of the confusion in the relationship between the computer store and the bank. What to do?
- For employees of the collection department of the home loan bank
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Home Credit Bank Hotline. The most important issue of the bank's attention was fast and at the same time high-quality service.
The bank was one of the first to open a technical support hotline for bank customers, and not one, but two! You can always quickly call them from any corner of Russia, and besides, it's completely free.
