Home loan late payment. Loan arrears - what to do? Ways to solve the problem Loan debt 4 months

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 within the prescribed period, the bank may charge a fine and penalties. This possibility is guaranteed by Art. 395 of the Civil Code of the Russian Federation
• Thirdly, the bank can go to court to recover the debt of the borrower

Depending on the amount of overdue time, there are several types of delays.

• Monthly delay on loans - what to do?

This type of delay is not problematic. During this period, bank employees are required to contact you by calls, sms mailings. In order to avoid difficulties in obtaining a loan in the future, you need to repay it as soon as possible.

Decide on the repayment date, inform the bank employees about it. Submit a written application to your creditor explaining the reasons for not allowing you to repay the debt on time. The more you show interest in eliminating debt, the more likely it is that the bank will meet halfway. Study the contract with the bank, where the nuances and sanctions are prescribed, depending on the duration of non-payment of the debt.

• Delay on the loan 3 months - what to do?

The main rule is not to hide from bank employees. You need to pick up the phone, call back, constantly be in contact with them. Try to notify the bank about the news, make small contributions to the debt. You will be provided with receipts, and if the case goes to court, this will characterize you as a person who tried his best to establish a dialogue with the bank.

The lender will call your relatives and superiors if you stop communicating with him.

How can the bank help in this situation?

1. Subject to a one-time repayment of the main debt, the bank can cancel penalties
2. The bank may extend your loan but reduce your monthly payments
3. Loan restructuring. The bank can change the terms and amounts of payment, exchange the debt for a share in the property, write off part of the debt. More on this below.

• Delay on the loan 5 months - what to do?

The bank is condescending towards borrowers who are not hiding, but are looking for ways out of the situation. For 5 months of delay, you most likely evaluated your own material resources, you can offer repayment options to the bank.

Pay small amounts so as not to be blacklisted by the lender. By doing this, you confirm your interest. A malicious defaulter has almost no chance of justifying himself.

• Delay on the loan 6 months - what to do?

This debt is long term. Written warnings and reminders come from the bank. No need to succumb to provocations, panic. Make sure that your communication with the bank does not lose its formal side: keep all documents, applications, confirmations, receipts.

In applications, justify the reason for the delay, attach the necessary documentation (certificates, extracts), offer your options for solving the problem, schemes for the development of events, accurately indicate f. and. O. employees, directors of the bank, in whose names you are writing applications, put down the dates correctly.

• A year of delay on the loan - what to do?

Most likely, the bank is preparing the necessary documentation for litigation or referral of the case to collectors. Still try to resolve the issue peacefully. If you managed to evade communication with the creditor during the year, then a subpoena or transfer of the case to collectors is an inevitable event. It would be useful to familiarize yourself with the rights and obligations of collectors in order to be prepared for their possible actions.

Keep in mind that the lender may delay taking the case to court in order to increase the interest on the loan and the amount of the fine. Banks make money on this. When a creditor carries out illegal activities in relation to you, threatening calls are received, it will not be superfluous to write a claim, describing the situation in detail. You can record conversations on a voice recorder, save phone numbers from which threats are received.

Loan refinancing

In case of long delays on a mortgage, the bank may offer to repay the loan with the proceeds from the sale of housing. At the same time, the client can himself look for the most profitable option for selling real estate in order to repay the debt as soon as possible. In the event of a critical situation - a large amount of debt (over 500,000), a long period of default (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.

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.

The topic of the new article, I am sure, 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?

When applying to a bank for a loan, each potential borrower is sure that if he receives it, he will be able to pay 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 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 of payment.

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 a credit institution as often as possible, try to find a way out of this situation in every possible way.

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 court. 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 penalties already in the course of the trial. 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 consultation will allow you to find the best solution to the issue of your delay, help you prepare an application and all necessary documents faster and better.

Step 3. We provide the necessary documentation

In addition to the application for debt restructuring, the bank will need some documents. Usually it is necessary to provide a passport, a loan agreement, a 2-NDFL certificate.

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. Along 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 on overdue credit debt often becomes an unbearable burden for an ordinary person. In such cases, comes to the rescue.

Professional legal assistance, including on issues of overdue loans, 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.

Each borrower, regardless of which loan program he participates in, is obliged to make a monthly payment to the current account of a financial institution on a monthly basis (the schedule is calculated on an individual basis and given to the borrower along with the loan agreement). If a customer of the bank has financial difficulties, for example, delayed wages, unexpected illness, death of a close relative, and he is unable to make a payment within the specified period, the bank will determine this as a delay.

Do banks charge penalties for delinquent loans?

Each borrower who has a delay on a loan tries to delay its repayment in any way, especially if he is currently experiencing financial difficulties. After the appearance of the required amount of funds, responsible clients strive to fulfill their loan obligations as soon as possible. They will be stimulated in this matter by penalties and penalties that the bank will charge for the amount of delay.

A financial penalty by a credit institution is charged in several ways:

1. A penalty is charged in the usual amount (neither the size of the debt nor its term can affect it).
2. Interest is charged for each day of delay (cannot be less than the refinancing rate). Some banks prescribe in the contracts the conditions for calculating penalties for delinquency, which can be several times higher than the interest rate on the loan product used.

The federal legislation of Russia provides for punishment for individuals who violate their obligations under credit programs. In accordance with the regulations of the Civil Code (Article 330), a financial penalty may be applied to debtors for deviation from the monthly payment schedule:

In accordance with the norms of the Federal legislation, banks may apply the following interest rates when determining the amount of the penalty:

• 0.03% refinancing rate (1/360);
• other interest rate, on which there is a written agreement between the parties.

The calculation of the penalty for an overdue loan can be considered on an example:

• An individual decided on a mortgage loan with an initial payment of 20,000 rubles.
• The financial institution charges 25% per annum for such types of loans.
• The borrower has a 5-day delay, for which penalties will be charged: 20,000 x 25% / 365 x 5 = 5,000 / 365 x 5 = 13.70 x 5 = 68.50 rubles

Loan arrears - how long can you delay payment?

If the bank client does not have the required amount of money to pay the monthly payment, he can try to legally delay the accrual of penalties:

1. Make an appeal to the management of a financial institution in which to ask for a loan restructuring if there is not enough money to make a monthly payment. To do this, you must write a statement and indicate in it the reasons for your financial insolvency at the current moment (for example, they cut wages). If the bank's management makes concessions to the client, then the amount of the monthly payment will be changed downwards, but at the same time the term of the loan program will be extended. When submitting an application, supporting documents must be attached to it.
2. In the event that the borrower has a difficult financial situation, due to which he will not be able to transfer monthly payments to the bank for several months, he should contact the management and ask for a loan holiday. If a financial institution goes to meet its client, then he will be able to pay nothing on the loan for 2-3 months at all. Today, due to the unstable economic situation in the country, many Russian banks practice credit holidays for their borrowers. For consumer credit products, this period can be from 1 to 3 months, and for mortgages and car loans from 6 to 9 months.
3. If an individual has violated the monthly payment schedule and the bank has begun to apply penalties, he should make an appeal to the management with a request for a deferment. In the event that a positive decision is made on the application, the creditor may cancel the previously accrued fines and penalties.

Delay on the loan 3 months - what can the bank do?

Every year Russian banks have a growing number of problem clients. As a result, financial institutions are forced to develop methods of "fighting" with debtors:

Advice: some borrowers may try to mislead bank employees about their good intentions to fulfill loan obligations. If, in the end, the debt is not repaid due to their constant transfer, then after a few months the debtor will no longer be trusted and more drastic measures will be taken.

What should a borrower expect if he is late on a monthly payment?

Each borrower who has a delinquent loan program must act as follows:

1. 1 to 3 days late. Such debt should not affect the borrower's credit history if he quickly deposits money into the lender's account. Banks, as a rule, do not attract large resources to work with such clients, since a few calls from employees of a financial institution are enough to force the debtor to fulfill its obligations. In some banks, for such violations of payment discipline, fines and penalties are charged, which do not exceed 300 rubles. The borrower can independently carry out all the calculations if he immediately does, the formula of which is located on thematic web resources.
2. From 2 weeks to 1 month delay. Typically, such debt arises due to unforeseen life circumstances, such as delayed wages or illness. The borrower needs to quickly repay the debt, to which, most likely, the bank will add a fine and penalties. If the financial institution gives a slight delay, then the client may be able to avoid additional costs. In this situation, it is important to get in touch with the bank in a timely manner, answer all calls from its employees, and determine the date of repayment of the delay.
3. 1 to 3 months delay. If a client of a financial institution has such a delay, then, most likely, non-financial specialists of the lender will deal with his issue. In the best case, the debtor's case will be transferred to the bank's security service, and in the worst case, to collectors. In such a situation, borrowers should never hide, otherwise they may be recognized as a fraudster and require law enforcement agencies to initiate criminal proceedings. Debtors should not respond to provocations. They need to intelligibly explain to the representatives of the bank the reasons for the delay. If they manage to convince them of their good intentions, then perhaps for some time the debtors will not be pestered by calls. The best solution would be to deposit at least a small amount of funds monthly to pay off the debt. It is extremely important to keep all receipts, as in the end they can be used as evidence in court if representatives of Themis are involved in resolving the conflict. In the future, such borrowers can be helped to correct their credit history, for example, by a program.
4. 90 to 150 days past due. If during this time the borrower has never paid money to pay off the debt on the loan, then, most likely, he should prepare for legal proceedings. As practice shows, the date of the hearing coincides with the moment when the delay reaches 5 or 6 months. In this case, the client of the bank needs to seek qualified legal assistance. By signing an agreement with a narrow-profile lawyer, the debtor can shift the decision of all important issues to him. If the lawyer is good, then he will be able to get the court to write off most of the debt on the loan. It will also tell the client, .
5. Overdue in excess of 3 years. In this case, the debtor no longer needs to avoid communication with the bank. The delay falls under the limitation period, and all financial claims of the bank against the client will be canceled.

How to write a letter to the bank?

When drawing up an appeal to the bank's management, the debtor must briefly and concisely state the essence of the problem. The application must contain the following sections:

1. Cap. Here you need to specify both your own and bank data, as well as the full name of the manager.
2. The reason for the delay is described, documents are indicated that can confirm the unintentional actions of the debtor.
3. If necessary, calculations are made and the terms of repayment of the debt are indicated.
4. The debtor can offer his own options for solving the problem that has arisen (for example, having studied banks, he can find a creditor who will allow him to take part in refinancing).
5. Signed and dated.

Advice: Copies of all documents mentioned in the appeal must be attached to the application. One copy must be handed over to the secretary, and on the second, ask him to put a stamp on acceptance.

Bankruptcy - a way out for debtors?

Starting from July 1, 2015, a law came into force on the territory of the Russian Federation that allows individuals with a large number of loan debts to go through bankruptcy proceedings. This will allow them to get rid of the heavy credit burden and begin to live in peace.

Debtors who plan to take advantage of this law should be aware of some of the nuances:

• to go through the bankruptcy procedure, the debt must exceed 500,000 rubles;
• the creditor must file a statement of claim to initiate bankruptcy proceedings;
• all the time while the court proceedings are taking place, the debtor will not be able to leave the Russian Federation;
• only the court can determine which of the debtor's personal belongings will be put up for auction to pay off the overdue debt on the loan;
• the court determines a 3-year period during which the debtor has the right to repay his debt to the bank (for this he can sell all property except housing).

The worst case scenario for the debtor

If negotiations between the bank and the debtor do not bring the desired results, the creditor begins to act more radically:

1. Sells the debt of an individual to collection agencies. In this case, the borrower needs to be prepared for constant calls and visits from collectors, who, in addition to persuasion and threats, can also resort to more non-standard methods of “knocking out debts”.
2. Goes to court to recover overdue debts. In this case, the debtor may be declared insolvent and declared bankrupt. If he has personal property, it will be put up for auction, and the proceeds will be transferred to pay off the delay on the loan and pay legal costs.

If signs of fraud are revealed in the actions of the debtor, criminal proceedings may be initiated against him. In this situation, the borrower will most likely be charged with article 159 of the Criminal Code of Russia, which provides for imprisonment. If the debtor did not hide from bank employees and always went to dialogue with them, then even with a large delay, there will be no signs of fraud in his actions.

Advice: borrowers whose debt is more than 1,500,000 rubles will be liable before the law under Article 177 of the Criminal Code of Russia. Malicious non-payers, whose guilt will be fully proven, face imprisonment for up to 2 years.

What to do if the bank sued and received a decision in its favor?

In most cases, representatives of Themis in matters relating to the recovery of debt from borrowers take the side of creditors. After the appropriate decision is made, the court order is transferred to the enforcement service, whose employees must send a written notice to the borrower before the visit. If the debtor refuses to comply with the court decision, then the bailiffs will come to him at the registration address and describe his personal property. After the arrest, things (except those that are prohibited by law from being described) will be put up for auction.

Can a bank make claims against relatives of debtors?

Relatives of defaulters can sleep peacefully, especially if they did not participate in lending as guarantors. If employees of a bank or collection services call or pay them visits, then in this situation they will be protected by the Constitution and Federal legislation of Russia. The situation will change slightly in the event of a delay on a mortgage loan, since in such programs the spouses of the debtors act as co-borrowers, who share all responsibility with them.

The bank can turn to the relatives of the debtor in the event of his sudden death. This will be done in order to identify the heir of the person who issued the loan, who will assume the debt obligations. In this situation, the successor may, in the only way not to repay the delay, is to waive his rights to the entire inheritance.

Save the article in 2 clicks:

If an individual who has been issued or any other loan program does not want to have any problems with the bank, he is obliged to fulfill his financial obligations in a timely manner. In the event that he has a delay on the loan, he should not hide from the bank, as this will lead to disastrous consequences. It is best to contact the management yourself, explain the reason for the temporary financial insolvency and ask for a delay. As a rule, banks show indulgence to such clients and offer various options for solving the problem.

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The borrower, applying to the bank for a loan, understands that the return of borrowed funds is carried out strictly on time. Therefore, when concluding a loan agreement, you should carefully read the points of overdue payment in Home Credit. This will help you understand what penalties await you if you miss a payment by one day, 15 days or 4 months.

Late payment penalties

If you have delayed the mandatory payment by one day, then the fines in this case will not be charged by the bank.

At the conclusion of the contract, the loan officer will inform you that Home Credit Bank gives not one, but three days to receive the payment. At this time, fines are not charged and there are no delays, as such. A delay of 15 days or 4 months is already considered serious. The Debt Collection Service begins its work.

Penalties are charged when your payment is not received 15 days after the mandatory payment date specified in the contract. Penalties and penalties are added to the interest for missed and unpaid days by the client (one day does not count). Plus additional commissions (not charged in every case).

The percentage of interest may not be large (as a rule, it is charged from 0.1% for each day of delay and above), but the fines and their amount may be more than the interest accrued for 15 days.

Home Credit Bank with a delay in payment of 4 months may require the return of the loan ahead of schedule. This is provided for in the loan agreement. If payments have not been received for 4 months, the bank allows the borrower to fully repay the loan within two to three months, and not the 1st, as is customary in the standards and regulations of the bank.

What to do if a payment is missed?

The borrower should not hide and intentionally forget about loan obligations.

If you are late with making a payment for one day, then just call the bank's hotline and notify the loan officer about this. Penalties in this case will not be applied.

If Home Credit Bank sees that the borrower is in a difficult financial situation, but is ready for a constructive dialogue, then he himself will offer exit options. Even if your payment delay is 15 days or more. No fines are imposed on the potential debtor and everything will be limited to the accrual of interest for the missed period.

The second step for both the borrower and the bank should be to discuss the current situation and search for solutions. And here the preemptive right of decision belongs to the bank - it is he who decides whether to grant the debtor a deferral or restructuring of the payment if the delay is 4 months or more or not to provide it. The situation depends on the reputation of the borrower, the documents provided by him, confirming the impossibility of further repayment of the loan, the loan amount.

Solution

It is extremely unprofitable for a financial institution to forgive or write off debts - and the borrower will least of all have to rely on such an outcome. The bank will try to get its money at any cost, including by finding a compromise solution.

Deferred payment This option involves changing payment schedules. The shift of the payment date is possible within one month, no more. A borrower who is late in payment at Home Credit Bank will not have to pay penalties, but will need to pay interest accrued for each additional day. Loan restructuring The borrower will have to work hard to prove that his financial situation is difficult, and he does not have the ability to repay the loan. To do this, a lot of documents and references are provided.

Fines for late payment are so high that they not only do not discipline the debtor, but also drive him into a corner

Conclusion

Summing up the above, it becomes obvious that in any situation, even with a delay in payment for 4 months in Home Credit Bank, you can always find a way out of this situation. For the borrower, in this case, the main thing is to be ready for a dialogue and demonstrate this to the bank in every possible way, whether your delay is one day or 15. And then there will be a chance to keep your credit history unstained by cases of overdue payments under loan agreements!

When the borrower signs a loan agreement, he expects that he will fulfill the obligations assigned to him by the bank, if he is not a fraudster and does not deliberately take a loan without repayment.

A person may be convinced that he will repay the loan in a timely manner, or simply hope for a chance, but life circumstances may not be in his favor, and repayment periods may be moved further and further from the date of payment on the loan - depending on the "severity" of these circumstances. As a result, there is a delay in the loan. How does it threaten the borrower and what should he do in this case? What consequences can it have depending on the period of overdue debt on a loan (loan)? You will find the answer to these questions in our article.

Insignificant (technical) delay on the loan: from 1 to 5 days.

Delays in loan repayment from 1 to 5 days can indeed be called insignificant, or technical. The borrower could have forgotten and made the payment later than the date of payment for the loan specified in the agreement, or he deposited the money right on time with the partner (for example, in a payment terminal), but did not calculate that the transfer would last several days. As a result, the delay on a seemingly timely payment turned out to be 2 or 3 days.

It’s good if the payment was made not before the weekend, but at the beginning of the working week, and everything went smoothly, without additional transfer delays. Otherwise, the situation with late payment may worsen even more.

Such small delays in payments practically do not threaten the borrower, but only on condition that this is the first violation, and with the proviso that this applies to the bank with which he has a loan agreement. The thing is that the bank, in accordance with the law on credit histories, will send information about the fact of repayment of the next payment to the credit history bureau (BKI). And it does not matter that there was a delay of one day, two or three - it will definitely be reflected in the credit history (CI) of the borrower. When he applies for another loan, the credit institution will definitely ask for his “credit file”, or it will be calculated based on his CI data. And how a potential creditor will react to these small "sins" - no one except him knows.

In order to avoid delays in loan repayment, companies use automatic SMS notifications that remind the client of the due date of payment. Also, SMS can remind you of the need for payment in case of delay. For forgetful people, this really works.

The bank spends its money on such reminders and it will definitely not “close its eyes” for deviations from the terms of the contract. For a delay on a loan, even a minor one, the bank will charge in the form of a penalty or a fine. A penalty in the form of a percentage of the outstanding debt will be charged for EVERY DAY of delay, and a fine is usually punished for the very fact of delay. The fine is just needed so that customers do not allow minor delays (it usually stings more painfully). Moreover, some banks increase the amount of the fine for each delay in repayment of the loan. You don’t have to run far for an example - Tinkoff Bank charges just such fines on its credit cards. Go over, by the way, a very informative article about.

In cases where the borrower violates the terms of the loan agreement with enviable constancy, he may have problems with the bank itself. They will simply take note of it, and this can ruin relations with the lender, affect the cost of future loans in this bank (if they are given at all) and deprive them of other benefits - loyalty from the institution in such cases cannot be expected.

Often, loan agreements may contain clauses on the early repayment of the entire loan amount in case of periodic violations of the payment schedule. Such a principled approach is rarely practiced, after all, the bank wants to benefit from the loan, but there are precedents.

What to do to avoid the creditor's suspicions and penalties? For this it is recommended:

• carefully study the loan agreement and not violate the payment schedule;
• be aware of fines and other penalties;
• develop the habit of making monthly payments 2-3 days before the due date of payment and choose those bank partners from whom the transfer will come instantly or within a business day (it is better to do this at the bank itself, but not always convenient);
• if you understand that a delay in repayment cannot be avoided, then alert your manager or email / call your creditor and describe your as yet minor problem.

Situational arrears on a loan: from 6 to 29 days (up to 1 month)

The reason for the "situational" delay may be various unforeseen circumstances. Often, borrowers do not repay payments for reasons beyond their control: salary delays, business trips or departures for personal reasons, sudden illnesses, unplanned expenses, etc. All these are partly force majeure reasons that force the client to violate the “rules of the game”. There is, as a rule, no fraudulent intent here, it’s just that people don’t have “free” money or time at the time of the repayment date. Or they prioritize in such a way that payments to the bank are relegated to the background (after all, there is something for something).

Banks with such terms of overdue debt on a loan begin to slow down the debtor more actively. Employees of the credit department are connected to work with debtors -. Their responsibilities include monitoring the timeliness of payment of the loan and other related payments (insurance, fines, etc.). Specialists contact the debtor by phone in order to inform the borrower about the presence of overdue payments, ascertain the cause of non-payments and clarify the timing of debt liquidation. Usually such calls are distributed at least once a week.

This approach is not typical for all banks. If no one bothers the borrower, then you should not hope for a chance - the credit department simply could not “get their hands on” the debtor, and sooner or later they will be taken care of. Again, we must not forget that a penalty is already “dripping” on the outstanding amount, which is clearly not good for the borrower.

On the Internet, you can find the opinion that the bank, delaying the appeal to the debtor, thus earns on the penalty. But in reality, banks do not need this hassle with overdue debts. The more of them, the worse the bank's performance in its reports to the Central Bank of the Russian Federation - the main financial regulator, and this can lead to the deprivation of a license. Therefore, getting rid of debts is one of its most important tasks.

What should a borrower in such a difficult situation do? There is only one way out: pay the penalty (penalties + fines) and try not to delay the payment of the "body" of the loan. Why is it necessary to pay the penalty in the first place? The fact is that the bank repays the debt according to the following scheme: first of all, fines and penalties are deducted from your payment, secondly, commissions, then interest, and last but not least, the body of the loan itself (for details). If you fundamentally extinguish only the body and not a ruble more, then aggravate the situation even more.

So, at this step it is very important to demonstrate your integrity to the bank:

• notify the bank about a possible problem in advance in person, by phone or by sending a written statement, which explains the situation in detail and confirms its exclusivity;
• involve relatives and friends in regular loan payments - ask them to make a payment for you within a certain period. Don't forget to supply them with money and repayment instructions;
• contact the lender's representatives. Don't shirk, just tell it like it is. Your task is not only to convince the loan officer of your intention to repay the debt, but also to do so;
• if you are an MFI client, but activate the service. In fact, this is a legal deferred payment.

Problematic delay and its consequences: from 30 to 90 days (up to 3 months)

If the debtor delays payment for such a period, then this indicates a loss of control over the situation: either the person for some reason began to evade the fulfillment of his obligations, or the situation with money has really worsened so much that there is simply nothing to pay with. The borrower begins to slide into a debt hole, where you can stay for a long time, and getting out of there will be much more difficult than at the current stage. That is why it is worth making every effort in finding funds, and not turn sour and “roll along the knurled”. What to do when there is nothing to pay a loan, read in.

For the bank, this is a clear signal that the debt is moving into a problematic stage and it is necessary to take active steps to return it (or at least to “save” part of the funds). Work with such a client begins to be already specialized in the form of “soft pressure”. Rude people can also get caught - they are mainly former representatives of law enforcement agencies, but, as a rule, their task is not to scare the debtor, but to enter into his position, to suggest ways out of the current difficult situation.

There will be more calls at this stage, the person will also be invited to the bank's office for a conversation, the purpose of which will be to find out the terms for repaying the entire debt or part of it.

The client can be offered various options for solving the problem:

• debt refinancing by taking a loan from another bank and paying off existing debt (on-lending);
• debt restructuring;
• cancellation of penalties subject to payment of the body of the loan, it is possible to provide a deferment. Alternatively, return half of the body of the loan now, and split the other half into equal parts;
• extension (prolongation) of the loan with a decrease in monthly payments.

In such a situation, one must understand that the debtor has not only obligations, but also rights. In principle, any debtor can bring the case to court by stopping communication with the bank, and no one has the right to put pressure on him. But it’s better not to get up “in a pose”, but to meet halfway and seek a compromise:

• do not avoid communication with representatives of the collection department;
• politely and most fully answer questions;
• adequately respond to psychological pressure, paying attention to the inadmissibility of such an impact.

Phone calls are just a routine for debt specialists. Having received calm and intelligible comments in response to debt claims, the bank employee is likely to stop the pressure for a while.

You will have to come to terms with the fact that they will pester relatives, work colleagues (they will notify the authorities), call all available phones, scare them with various problems (blacklisting, inability to travel abroad, selling debt to collectors, problems in the future with lending, etc. .d.).

All this is not so scary, besides, the debtor is quite seriously protected by the state, look, for example, it also applies to the work of the bank collection service.

To show your desire to go towards solving the problem, it is recommended to pay the amount available to you once a month to pay off the debt. At the same time, keep checks (receipts), they may be useful to you in the future.

It must be understood that banks will strive to solve the problem of repayment of debts in a pre-trial order - this way there is less red tape and cheaper. It is always better to solve problems peacefully.

An unscrupulous borrower who takes the initiative and seeks to eliminate negativity will definitely be heard. Do not be afraid to notify the bank about financial difficulties on your own. An excellent recipe in a difficult situation: write a statement, highlight the situation in detail and indicate an acceptable option for repaying the debt.

By the way, insurance, so unloved by many, could help in such situations. If the circumstance that happened to you is an insured event, then the insurance company will be obliged to pay off your debt to the bank. Therefore, it is worth considering whether it is worth giving up on it?

Long-term delay: from 3 months

The delay in payment, which dragged on for 3 months, six months or more, indicates that the debtor of his own free will is unlikely to repay the debt. The bank has only two options: to collect the debt through the courts or to assign the right to claim the debt to a collection agency that specializes in "squeezing" debtors. But until this happens, active work is being carried out with the borrower, as before.

The borrower (including the guarantor, if any) will receive an official letter from the bank with requirements to repay the debt and warnings about problems that may arise if the obligations under the agreement are not fulfilled. There may be several letters: with each of them, the “degree” of intimidation will only increase. They usually scare you with court and collectors. It is not difficult to understand the credit structure, because for such a long period the bank has already managed to apply all possible leverage to the violator.

Litigation is usually preceded by the final stage of negotiations. It is at this stage that it is important to try to regain control of the situation in your own hands. If possible, use the support of a lawyer and enter into correspondence with the bank. The dialogue must be in writing. Information on how to write a letter can be found on specialized sites on the Internet. Please note that the bank's responses must contain real signatures, not facsimiles, and letters must be "fixed" with wet (blue) stamps.

Approximate application plan to a financial institution:

1. Header: Position, full name of the addressee (it is important to refer to a specific person);
2. A detailed description of the problem that caused the delay;
3. Copies of documents that can serve as proof of the exclusivity of the circumstances that have arisen (certificates from the place of work, orders from superiors, bank statements, receipts, invoices, prescriptions, etc.);
4. A request for a response in writing and your desire to pick it up in person at the bank;
5. Offers a plan for your further actions in repaying the debt.

Request a copy of each copy of the correspondence with a mark of registration with the bank, indicating the date and full name of the employee who accepted the application. Save all correspondence.

If the bank insists on the sale of collateral (if any in the contract) in a pre-trial order, there is no need to rush. In order to avoid problems and possible fraud, it is better to wait until the court. Although in some cases, the out-of-court sale of a pledge will make sense, provided that it is properly assessed and its market value is compared with the amount of debt.

If the bank has ceded the right to claim the debt to collectors by, then for the debtor, in fact, nothing changes - the amount of the debt remains the same, in accordance with the terms of the agreement that he concluded with the previous creditor - the bank (nuances at the above link). By the way, collectors can work not only under an assignment agreement, but also under. In this case, the collection agency acts as an intermediary and has no rights of claim, it only helps the bank to collect the debt. You can find out the “status” of collectors by asking them for documents (a letter of notification, a copy of the contract), which they must provide to the debtor in accordance with the legislation of the Russian Federation.

What threatens long-term loan debt?

So, your loan debt was “sold” to collectors under an assignment agreement, or the bank decided to bring the case to court. In the first case, as mentioned above, nothing will change for the overdue person, except that they will press him more stubbornly. Debt collection is the main business of debt collectors and they can go to great lengths to get a profit. Fortunately, the topic of collection arbitrariness is widely covered in the press and on television, besides, rather harsh laws have been adopted that restrict the activities of collection agencies. If you are faced with boorish treatment and violation of ethics and morality,.

In the second case, the debtor is awaiting trial. The court is more likely to rule in favor of the creditor, and now the state, represented by bailiffs, will take over the debtor, who can foreclose on the debtor's movable and immovable property, household appliances, luxury goods, in general, any liquid assets, with some exception. Alternatively, the debt will be deducted from the debtor's salary.

In some cases, the court may meet the debtor halfway by awarding the payment of only the body of the loan without an accrued penalty, in accordance with Article 333 of the Civil Code of the Russian Federation. This is possible only if there is a clear disproportion between the penalty and the consequences of the violation of the obligation, and this must be proven.

In any case, the court will fix the exact amount of the debt, which will have to be paid (not without the help of bailiffs).

There are other solutions to the problem. One of them is to initiate a procedure. But if you become more familiar with its nuances and limitations, you will understand that it is better not to mess with bankruptcy - this is a “toy” for rich debtors (and there are such ...).

And finally, you can use for your own purposes. It is 3 years from the moment of the last contact between the bank and the client, and after it the bank is unlikely to be able to win a court to recover overdue debts. But with him, too, everything is not so simple, although if you are ready to change your full name and “lay low”, leaving for a remote village, then perhaps you will succeed.