What are the consequences for defaulting on a loan? How long do delinquencies last in your credit history?

Many citizens have credit loans. Therefore, the question of what will happen to overdue loans in 2018 is always relevant. Of course, credit policy, including the policy for dealing with overdue debts, changes periodically. The changes that occur can be both in favor of the borrower and against him.

You should familiarize yourself with the issue of delay in detail before making any commitments.

It is very important to know all the nuances of cash loans before making a bet on purchasing necessary things, accessories or real estate on credit. Detailed information Each potential borrower can receive loans from the selected financial institution.

1. As a rule, a regular consumer loan is given for 3 years. If this is a real estate loan, the term may be five years or more, depending on financial opportunities credited.
2. Loan debt can be repaid under several programs. Annuity (payment in equal monthly installments) or decreasing payments (the first year in this case, the credit load is higher than in subsequent years, each month the payment becomes slightly smaller).
3. Conditions for early closure credit obligations also vary. In some financial institutions, a fine is imposed for late payments, since in this case the bank loses interest on the use of funds.
4. And, of course, all financial institutions have their own requirements and conditions regarding late payment of payments. You should definitely ask the lender about this nuance, because no one can be sure of financial stability in 1, 2 or 3 years.

What problems may arise if you are late?

Of course, if a client regularly or periodically develops debt, that is, a delay in payment, from a bank or other creditor, there are a number of penalties for such borrowers:

• Fine;
• Penya;
• Requirement for early repayment the entire loan amount;
• Increasing the initial interest rate.

It is clear that all these measures can completely empty the wallet and plunge borrowers, who already have a difficult financial situation, into the financial abyss. Therefore, you should try to pay obligatory payments in a timely manner so as not to increase the amount of loan obligations.

What innovations were introduced in 2018 regarding debtors?

The state, understanding the crisis situation in the country in 2018, adopted some restrictions regarding penalties under the loan agreement. Therefore, if a situation suddenly arises in which the borrower cannot temporarily pay, banks or other financial institutions are limited in the possible measures taken in relation to those who are in arrears on the loan.

• State-authorized bodies have ordered that financial institutions issuing loans establish a maximum threshold by which the interest rate can be increased. That is, banks and credit unions can increase the late payment rate by 3 - 4%. But they don’t have 100% rights. This was invented to ensure that the loan obligations of borrowers with temporary financial difficulties do not grow to an unrealistic amount to repay.

True, specialized companies that issue loans have come up with other tricks in order to remain in the black in any case. Namely, after the adoption of such a law, they began to increase the initial interest rate. At least, from this perspective, the borrower will immediately be able to understand what obligatory payment must be paid from personal budget and will not face any unpleasant surprises during the contract period.

• Also, the authorized structures decided to exclude from loan agreements such a clause as the requirement for early repayment. This column makes little sense in legal terms. After all, a person who cannot pay his obligations on time for one, two, three, or more months is unlikely to be able to repay the full amount of the debt.
• Another solution that does not yet have legal force, may become a clean return credit history, even if during the term of the agreement the borrower had late payments more than once. That is, the authorized structures put forward a proposal to lend even to those who had overdue debt for 1 year or 3 years. Lending institutions did not support this decision because there is every chance that such borrowers will continue to be irresponsible in terms of timely payments.

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Overdue loans: what are the penalties and how to get out of the situation

Nevertheless, government agencies We firmly believe that delays occur only temporarily, due to financial difficulties. In the future, in their opinion, if the monetary situation stabilizes, borrowers would promptly pay their obligations to the bank or other financial institutions.

What penalties can be applied in case of delay?

Different banking and other financial institutions, of course, have their own requirements and conditions regarding measures taken to borrowers who have overdue payments. These may be, as mentioned above, fines and penalties; in addition, if the period of delay is 3 months or more, the following impacts may apply:

• Solving the issue of repaying loan obligations in judicial procedure. As a rule, even if the borrower does not appear in court, the decision is made in favor of the banking organization, and the lender’s requests are satisfied;
• A measure such as submitting a request to tax service in order to determine the borrower's income level. After this, the bank can submit a demand to the employer so that wages the debtor was charged an amount of up to fifty percent in favor of the creditor. The conditions may be challenged when the borrower contacts judiciary with the submission of a counter-request to reduce the deduction amount if arguments are provided that it is not possible to lose half of your salary;
• The creditor may make a request to seize the property. If this happens, the property is put up for sale, and the proceeds are used in full to pay off the outstanding debt;
• Measures such as seizure of accounts in all banking and financial institutions may be applied. This is possible if the overdue debt has not been repaid for 3 or more months. Depending on the amount of the debt, the court may determine how much money must be seized in order for the loan to be repaid in full.

All these measures are unpleasant and entail many negative consequences, including deprivation of property, business and other material benefits. However, there are clauses in the contracts, due to which a borrower who finds himself in difficult financial position

, may receive some loyalty conditions. For example, credit holidays, temporary suspension of obligations and others. In each structure, these capabilities may differ significantly.

Features of debt collection from individual borrowers

• The bank may submit a request to the tax office. In this case, the amount agreed upon in court will be deducted from the person’s monthly salary until full repayment debt;
• If the loan was secured by real estate or other property, the bank or credit union may demand a full or partial sale collateral property to repay loan debt;
• If the loan is overdue for 2 years, even if possible, the creditor has the right to file a judicial request to freeze the accounts individual. In this case, all funds available on card and other accounts will be transferred in favor of repaying the debt under the loan agreement;
• Authorized employees of companies that charge fees can visit individuals at their registration address. debentures and carry out an inventory of property for the purpose of its sale.

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Obtaining an urgent private loan at favorable interest rates

In any case, the borrower should read the terms of the agreement in detail. This will help to understand whether creditors are authorized to take certain actions. And also, be able to protect your rights as a borrower.

Features of debt collection from legal entities borrowers

It is clear that debt is collected from legal entities somewhat differently. After all, what is at stake here is not just one individual, but entire enterprises or corporations. Banking institutions are well aware that there is a business in which the peak of profitability is summer. And there are also organizations that earn maximum money in winter. However, regardless of the circumstances, creditors have the right to take punitive action against those who fall behind.

The following sanctions may be imposed on legal entities:

• Requirement to sell collateral. Such a penalty can be applied to the property for which the loan obligations were originally issued. And also, at financial institution has the right to seize property owned by the company. This becomes impossible if the requested property is already pledged to a third structure at the moment.
• Arrest bank accounts(deposit, card, current). In this case, a court decision is sent to banking institutions with a request for information on current banking products from the debtor. After receiving the above information, the court sends a request to the bank or other structures to seize accounts in the amount necessary to fully repay the overdue debt.

The procedure for seizing and sending money to the creditor can be processed in one day or three weeks. It all depends on the urgency of the request and the workload of the authorized employee financial structure. In general, the process is the same as with individuals, the only difference is that in the first case, the accounts of an individual are frozen, and in the second case, the accounts of a company.

• Requirement for early closure of loan obligations. This is only possible if the borrower has not contacted for 3 months or more, and there has not even been any transaction on his account. partial repayments credit debts.

Knowing his rights and obligations, the owner of the company or an authorized person will be able to protect his own interests and find a way out of any situation. But, again, you should try to fulfill your obligations to the banking structure or credit union so as not to encounter unpleasant moments in the process of cooperation.

The procedure for repaying loan debt should be approached responsibly, paying each payment on time. Otherwise, the borrower risks creating trouble for himself, the extent of which depends on the length of the delay, the behavior of the payer himself, and other factors. So, let's discuss what to do if the loan is overdue, is it possible and how to correct the current situation?

Assessment and analysis of the occurrence of delays

The reasons for delay can be very different. For example, a person fell ill, was admitted to a medical facility and was unable to repay the debt on time. Or you were fired from your job due to staff reduction, there is no other income yet, there is nothing to pay the loan. There may also be a situation where a bank client urgently left the country and simply did not have time to warn the creditor, failed to pay the bills, and upon returning about a month later, ended up on the bank’s blacklist and ruined his CI.

It is possible that simple forgetfulness is possible, which led to a slight delay in loan repayment - one day or two. In addition, some people think that the payment they make goes to their bank account immediately and they can make it at any time on the last day (the end date specified in the payment schedule). This is not entirely true. So, for example, the arrival time Money in some banking organizations it takes up to 2 days. And, if you arrange the transfer through the post office or electronic system, then the period may take up to several days. This should be taken into account when paying off a loan.

And sometimes even proven instant transfer methods did not work due to a glitch in the program. It happens. The conclusion is not to wait until the last day. What happens if you miss a loan payment? It doesn't matter why you couldn't pay your debt on time. The result is the same - the accrual of fines, penalties, a “black mark” in the credit history. If you ignore the debt, you will only create more problems with the creditor, including going to court or selling your debt to collectors.

What to do if the delay is 1-3 days?

It is customary for banks to divide overdue payments by duration. Thus, the longer the period of non-payment of debt becomes, the higher the likelihood for the lender of non-fulfillment of the loan obligation. Accordingly, the methods of working with debtors will differ.

If the delay on the loan is 1-3 days and does not exceed 5 days, then such a loan is not considered problematic. It is acceptable that the delay could have occurred due to technical reasons, and many bankers note this information in the bookkeeping register. Specialists of a banking organization, as a rule, remind borrowers of the need to make payments by:

1. SMS messages.
2. By phone call.
3. Notification via Internet banking.

There are some banks that include a delay of 1-2 days in loan agreements in order to avoid financial losses for the borrower. However, if you continue to allow delays in payments in the future, the lender may draw conclusions that are unfavorable for the borrower.

And yet, even minor delays should not be ignored. Do not delay and make the payment as quickly as possible, or contact the bank with a request to defer payment. A short period of delay, in principle, is not terrible, but it may cause a refusal to obtain a large loan from a demanding lender in the future.

What if the delay is from a week to a month?

If you are in arrears on your loan, what should you do? Do not run away from the bank, do not ignore its reminders, but try to solve the problem peacefully without trial or investigation. Believe me it is possible. A delay of a week to a month will alert the bank more seriously, but given period don't eat critical. The creditor will start calling the debtor, politely reminding him to repay the debt, warning about possible consequences. Information about the occurrence of debt will naturally be sent to the BKI, credit rating will automatically spoil.

Don't let your delinquency reach 30 days. It’s better to contact the bank in advance and listen possible ways solutions to your problem. Indicate the reasons for the delay (change of job, illness, etc.), documenting your arguments. For example, by presenting a medical certificate, work book, etc. You can agree with the bank to deposit Not a large amount cash, for example 300 rubles instead of the required 1,000 rubles, and pay the rest later.

Remember, the longer the delay, the less chance there will be of achieving loan restructuring, obtaining credit holidays, deferment, moratorium, loan extension and other methods. The status of your credit history has a huge impact on the bank's decision. Availability problem loans with arrears in several banks do not inspire confidence and desire from the lender to make concessions.

Delay of more than 60 days is already dangerous

Overdue debt for a period of more than 1 month is a clear violation of payment discipline. For the bank, such a borrower becomes problematic. Failure to fulfill loan obligations may result in bank employees visiting the client’s home. Attack letters from the bank reminding you to repay the debt will become regular. Are you ignoring it? Then get ready for possible cooperation with collectors approximately 3-6 months after the delay occurs, because... the bank has the right to transfer or even sell your debt collection agency on the basis of the assignment agreement concluded with him.

It is possible that the lender will take the irresponsible borrower to court, which will oblige the client to repay the debt by deducting money from his salary, seizing debit accounts, seizing property if necessary, etc.

When the situation reaches a dead end, you cannot do without the help of an experienced lawyer. If you can prove your innocence by providing the bank with documents justifying the fact of the delay, then hurry to do so. In other circumstances, contact a specialist. It is not necessary to look for a paid lawyer at your place of residence; you can ask a question on one of the legal forums or specialized websites.

Additional solutions to the problem

When the borrower cannot pay the loan, bankers can offer different options for solving the problem, which were already mentioned in our review (deferment, debt restructuring, credit holidays, etc.). There are several more ways to behave in a difficult situation. For example:

Please note: the amount of the fine for allowing the borrower to be late on the loan does not depend on its duration. For each day of absence, depending on the tariff of the banking organization, approximately 0.5-2% of the total debt is charged. There are also one-time fines, the amount of which is 500-1,000 rubles for late payment in a calendar month. Negligent attitude towards loans is the result of a damaged credit history, additional costs, proceedings at the level of collectors and judicial authorities.

First of all, it’s worth deciding what it is credit and what forms of credit are regulated by law. Credit is the provision sums of money on this moment, with return in the future with interest. In addition to monetary credit, there is also commodity and mixed credit, which is often used by states for mutual settlements. This is when they give cash loan, but they receive the goods for it, but with interest. The essence of the loan is that available funds are transferred to another entity for business development or other purposes, with the opportunity to return the funds and earn a profit on them. The credit system is an important component for the economy of any country, since any enterprise can take out a cash loan to develop and maintain its business. Of course, it is very difficult to repay the debt, so they appear overdue loans not only for enterprises, but also for individuals. When drawing up a loan agreement, the terms of the loan, payment terms, and obligations in case of delay in monthly payments are always specified. The lender and the borrower have obligations under the agreement, which must be fulfilled in accordance with the document.

When concluding a loan agreement, the terms of the loan are stipulated, including repayment terms, which are often violated. The contract usually defines the date of payment and it is before this day that you must make the payment; if this day is a weekend or holiday, you must pay the money in advance. Otherwise, there will be a delay in payment, even if the loan is overdue by one day, a fine and interest will be charged for that day. But you may think what one day is, but for the bank it doesn’t matter, it means you have become a debtor. You have worsened your credit history with the bank; in the future, this may cause difficulties in obtaining another loan. You also need to know and remember the new payment for the next month will go, first of all, to cover the fine for previous month, and if you do not pay the payment and the fine at the same time, you will again be late in payment. Next month everything will happen all over again. Many banks play on citizens’ ignorance of this situation.

It’s important to know that when you take out a loan, read the entire agreement; if you don’t know or don’t understand something, ask a lawyer about it. Carefully study all the small text; as a rule, the very essence of the entire agreement is hidden here. Look at what interest they offer you for the year, how much it will be from the total loan amount, calculate it. For example, you borrowed 100,000 rubles from the bank, the interest rate is 20%, this means you need to pay 20,000 rubles in interest only for the year. Payments are always made on interest first, then debt. It’s enough that even if you’re overdue with your loan payment for a month, you’ll be charged a fine and penalties for the entire month. As a rule, the agreement has a large text volume and it is written in such a language that is not understandable that citizens do not even read it, but simply put their signature, thereby driving themselves into big debts. Your signature on the contract will indicate that you agree to all the terms of the contract.

The lending conditions of all banks are almost the same, the only difference is the annual interest on the loan. Basically they require a certain set of documents, the main thing is a certificate of income. The larger the package of documents, the more difficult it is to obtain a loan, but the interest rate will be lower. Banks that issue loans based on two documents offer large annual interest, since they include the potential for non-refund of money; in other words, they insure themselves against non-returns. Many loans are taken from Sberbank, since it is the most popular among the population. This bank’s requirements for borrowers are very strict; it’s easier to get a loan from them if you transfer your salary to their bank, and the amount of income and the availability of real estate still play a big role. Sberbank very clearly checks the creditworthiness of its prospective borrower. If a loan from Sberbank suddenly becomes overdue, try to find out how much the overdue amount is and its amount and try to pay everything down to the ruble. If the delay is large, ask the bank to restructure the debt and suspend the accrual of interest, but all this is difficult to do on your own, since there is no experience in handling and drawing up documents on such matters. In such a matter, you always need the help of a lawyer.

A short-term delay of up to a month can occur due to any circumstances; in such cases, they will call you from the credit department to find out the reason for the delay in payment and find out the repayment period of the debt. All this will take place in personal conversations over the phone, and SMS messages may also be sent. But some banks do not call clients, since the bank does not deal with this, but this does not mean that the delay has not been noticed, all payments go through the computer, and it does not have any failures, it costs special program. What happens if you overdue your loan for a month, don’t worry, nothing bad will happen. At the moment you need to pay a payment, a fine, it is usually not large, a penalty, in general, pay for this month in full and try not to do it systematically. If you have more serious debts, don’t fall into a stupor, it’s all unpleasant, but you should seek advice from a specialist, he will tell you a plan of action.

Do you need a lawyer's help with an overdue loan?

In our country there is a huge number of loans taken by individuals and legal entities. Many took it for personal needs, others for business development. But sometimes they took it, without thinking about how they would give it back, and stopped paying. Today, every tenth loan is overdue, being in a difficult financial situation, citizens do not pay overdue and current payments, thereby increasing the debt. Banks begin to demand money from citizens through the courts or sell it to collectors who begin to threaten, which is prohibited by law. If you are threatened by a debt collector, feel free to write a statement to the prosecutor’s office, and they will quickly sort it out.

If you have an overdue loan and you don’t know what to do, contact a law firm for help. The law firm employs lawyers for overdue loans, since the need for such services is very high. The company will appreciate your position, because anyone can find themselves in such a situation. Firstly, a lawyer will advise you free of charge, analyze the documents provided, and write a competent application to the bank for debt restructuring. If you are bothered by debt collectors, file an application against them with the prosecutor's office and deal with the calculation of fines.

In addition to analytical services, a non-performing loan lawyer can represent you in court when the bank goes to court. The most important thing for a lawyer is to suspend the accrual of overdue interest on the debt. Then, at the trial, try to get the court to reduce the amount of the penalty to a minimum. And in the future, work with bailiffs to collect the debt. Can apply to them for installment payment of debt by court decision. Law firms offer a huge number of services under different codes, and they really help.

Loan with overdue debt

Look carefully around on television, on the Internet, in newspapers there are full of advertisements and advertisements about loans. Many offer easy and affordable loan to all ages and all segments of the population, and they call so beautifully, they sell a lifestyle. Many advertisements feature happy young faces or gray-haired pensioners telling how they began to live beautifully. We built a dacha with a loan, and now we want to buy a car, and at the bottom, in small, incomprehensible font, are the conditions and interest rate on the loan. Never in the advertisement do they explain what interest is and that it must be paid throughout the entire term of the contract; if in the first year it is interest on the entire amount, then in the next year there is interest on the remaining amount, and so on every year until you pay the entire amount. If the loan is large, then the payments will be large, including interest. Therefore, you need to be confident in your income for several years; circumstances may change, regardless of you. You may lose your job, your health, or someone from your family, in general, unforeseen situations. Immediately or not, material difficulties may arise that are difficult to overcome. At this stage, a loan with overdue debt may appear, which must be repaid, but no matter how much you want, there are no funds.

If you find yourself in such a situation, know that this is not the end of the world; you need to develop an action plan for yourself. In such cases, it is usually good to engage a lawyer on such issues; he knows the process from practice. After all, people also work in the bank, and if you approach the matter constructively, you can “settle it,” but this does not mean that your debt will be written off; you will have to pay. The main thing is to ensure that the loan with overdue debt does not increase due to interest and fines. Of course, it all depends on the delay time and amount. If this is a one-time delay of 1-3 days, nothing will happen, just pay a fine and penalties for these days. If the delay is from 2 weeks to a month, they will call you and remind you to find out the timing of repayment of the debt. If you definitely set a day for the payment to be made, you will be left behind for some time. Try to pay for this period of time; if this fails, the bank will resume working with you again. Only if the delay is more than 90 days, the bank has the right to go to court.

Of course, the court will always be on the side of the creditor; the only thing you can ask the bank to reduce the amount of interest and fines is very realistic. The main thing is that as soon as the bank sues you, the accrual of interest is suspended. Overdue loan is of course headache, you will have to listen to a lot of unpleasant things, but do everything calmly. Collection firms behave especially aggressively, making threats that they have no right to make. If you receive threats, feel free to write a statement to the prosecutor’s office; authorities are obliged to respond to requests. There are cases when employees of these companies were prosecuted for threats. In any matter, even the most difficult, look for a way out.

What to do if you are late on your loan payment

If you decide to take out a loan, think a hundred times whether you need it or whether you can survive it. People often think that getting a loan will solve a financial problem, but it will be solved by a short time while you have this money in your hands. Another option is to buy something, think about whether you can do without this thing, you really need it. Such a desire may be short-term, but my duty is long-term. If you don't have money, now where will it come from later? If you want to take out a loan, first get a permanent well-paid job with a future. First of all, when taking out a loan, decide whether you can pay the bills for so long, given that you have a family. Calculate all income and expenses. But when you have an overdue loan, you need to take action. A law firm will advise you on what to do with an overdue loan. There is experience working with banks on overdue loans.

What advice can you give in this case? If the debt is small, try to pay it off in order to forget about it and don’t let it happen again if possible. If the debt is a large amount and the delay is more than 90 days, the bank may apply to the court to collect the debt from you along with interest, fines and penalties. But many banks do not do this right away, since filing a lawsuit means stopping accruals on the principal debt. Without filing an application to court, banks try to collect the debt themselves or sell it to collectors. While the bank itself is dealing with this debt, it is possible to try to restructure the debt, this means recalculating the amount of the debt and dividing it into payments for payment over a longer period. But banks are not willing to make such changes; in order to achieve this, you must provide evidence of your reliable solvency, for example, a certificate of income from a new place of work signed by the employer.

If the bank went to court, this is not a bad option for you. Firstly, from the moment of application, interest and penalties will no longer be charged. But you have the right to defend yourself in court; it is better to do this together with a lawyer. He knows what to do with a defaulted loan before and during the trial. First, study the entire agreement in detail and if it contains a clause regarding payments for maintaining and opening an account, ask the court to recalculate these payments as debt. Since there is a resolution of the Supreme Arbitration Court about the illegality of such charges. You can also ask the court to reduce the interest debt, especially if it is large compared to the principal amount of the debt. The judge can greatly reduce the amount of debt on interest, and this is already good. The courts are willing to do this, now whatever amount the court assigns is what will have to be paid. One thing can be said: get your way, you as a citizen have the right to protect your interests.

Bank fine for overdue loan

When drawing up a loan agreement, the bank provides for such a situation as a delay in payment payments. And therefore they prescribe measures of influence on the borrower, fines or increased interest on the amount of debt. A fixed amount of the fine is usually calculated according to credit card. For the first delay, a fine in the amount of 500 rubles may be charged, the second delay in the amount of 1000 rubles, and so on. Banks always stipulate such conditions in contracts. Often, for an overdue loan, a fine is charged in the form of more than high interest rates, this is allowed for a mortgage loan or a car loan, or a consumer loan. This fine will be for a late payment, for example, the payment amount per month is 10,000 rubles, and the interest for late payment is 10%, which means that this month you need to pay a deposit of 10,000 rubles and a fine of 1,000 rubles. It may accrue annualized interest on late payments.

For example, 15% per annum, it will be 15% divided by 12 months multiplied by 10,000 rubles.

The most expensive fine is a percentage of the amount of the loan taken, it is calculated in this way. For example, if you took out a loan of 50,000 rubles and if the debt is calculated at 0.5% for one day of delay, then the amount of the fine will be calculated at 250 rubles per day. Now calculate how much it will be in 10 days, in a month, and so on. Therefore, if you take out a loan, calculate how much you will overpay for the amount taken if you pay on time, and if there are delays in payments, you will have to pay interest, fines, and penalties. The amount may exceed the original amount several times. Therefore, such lending conditions are very favorable for the bank; it receives huge excess profits.

The issue of the legality of fines has been discussed several times, but there is no consensus. Therefore, everything remains as before, fines are a measure of punishment for non-payment. And when do you take out any loan. carefully evaluate your options. Will you be able to pay the fine for an overdue loan if something happens? Otherwise, with a car loan, they will take the car for debts, and with a mortgage, they will take the apartment. If the bank demands full payment of the debt, they can describe the property and sell it for debts. The only thing that can be said is, do not take loans unless absolutely necessary, and if you do, try to pay everything on time.

A loan is a certain amount of money borrowed at interest from a bank. Previously, when there were no loans, the people and the state had fewer problems. Then access to money was very easy, two documents were enough and after a while you became the owner of a sum of money. There were queues for loans; they took everything and gave it to everyone. Almost no one read the contracts; they quickly signed them indiscriminately; no one then thought about how much they had to pay and how to pay them. At that time there were no credit histories; money was given to everyone upon request. Almost everyone in the country found themselves with a loan. In recent years, the economic situation has not been easy; a decrease in income among the population, a decline in production and many other reasons have led to the fact that many people have stopped paying their loans. Loan amounts, overdue interest on loans, fines, and penalties began to increase. Debts began to grow like a snowball.

All borrowers need to know for sure that interest is paid first, and then the money goes to repay the principal debt. And if you delayed payment once, you start paying it in another month, all the money will go to cover interest, fines, penalties for the previous month, and everything that remains will go to pay off the debt. With a debt of several months, the amount of debt only on interest may exceed the principal debt. This increase can be stopped if, with the help of a lawyer, you contact the bank to suspend the accrual of fines and penalties. The second option is a trial; according to the law, when a bank submits an application to the court, it is obliged to stop accruing all types of fines and penalties. The overdue interest on the loan will exceed the principal debt. However, you can ask the court to reduce the amount of overdue interest to a minimum. The courts take a favorable approach to this appeal. Next, you will have to work with bailiffs, who will collect the debt based on the writ of execution. They will turn their attention to wages bank cards and can withdraw all the money from the account, and will also charge a certain amount from the salary every month. Money will be withdrawn from you even if you have a disability retirement account.

Repayment of overdue loans

In our country, the most common types of loans are car loans, mortgages, and consumer loans issued for various needs. Almost all banks that have permission to do so provide loans. Each bank has its own form of agreement; it can request various documents to confirm the solvency of its client and information from the credit history bureau. If there is the slightest unreliability, a loan may be refused without explanation. Now the security services are strictly monitoring this. Basically, problem loans are those that were taken out 2-4 years ago. According to statistics, a quarter of loans are overdue, and banks have a huge problem of returning funds. They use all means to achieve repayment of overdue loans and return of funds. There is a procedure for repaying loans, which is approved by law.

If the delay is short-term, it is enough to call the bank and find out the amount of debt during this time, including the amount of delay in principal payments with interest, fines and penalties for late payments. You need to make a calculation at the time the money arrives in your account in order to clear the debt. If you do this, there will be no claims against you from the bank. If there is a long-term delay in time or this is a large amount, for example on a mortgage, be aware that 90 days after receiving the last payment the bank has the right to go to court. Now, almost only the bank will decide what to do to repay the overdue loan. Before filing a lawsuit against you, you can still agree on an installment plan to pay off the debt for a while and try to save the situation. If the bank did not agree to the meeting and went to court, we can say with great confidence that it will request the entire loan amount with interest and other costs. At this stage, interest accrual will stop; the amount to be repaid may be much greater than what was taken.

In this difficult situation, go to a law firm, they will help you professionally. In pre-trial order, you can write a claim to the bank to suspend the accrual of interest; if the bank does not accept this paper, attach it to the documents in court. It can play a big role in determining the amount of payment. The court, as a rule, reduces penalties and fines, especially if they exceed the loan amount. All this must be achieved by legally and therefore, involve a lawyer in such a case. The costs for it will be more than justified. He will give you more money than he is worth.

Overdue debt when lending to individuals

Individuals usually take out consumer loans to run a business or start a new business. There is no difference when receiving a loan; you also need to show your solvency with a certificate of income from tax office, show in the loan request all of your real estate, which can be used by the bank for overdue debt on lending to individuals for sale. Particularly high requirements when requesting a large amount. If an individual is engaged entrepreneurial activity, can take targeted loan, but the bank must provide a business plan. For such purposes it is usually necessary big loan. Due to the fact that last years the number of overdue loans increased due to economic instability, banks take very seriously any citizen who applies for a loan.

Overdue debt from banks increased by 8.5% in 2015. The appreciation of the ruble has seriously affected the repayment of loans in foreign currency; here, the growth of debt is the largest in recent years and further growth is planned. Because real wages have fallen dramatically, solvency has fallen. There are especially many delays on unsecured loans, car loans and mortgages are still somehow being paid, although there is a tendency for debts to grow. With mortgage lending, the purchased apartment is pledged from the bank, and with a car loan, the car is pledged and the bank, in any case, will return its money, and even make a profit. Payments of overdue debt on lending to individuals are made in the manner specified in the agreement. When making a payment, interest on the debt, fines, interest on late payment, then the payment amount and only lastly penalties are paid off. Although the payment schedule may be different, as they say, read the contract. It is also important to understand that this is a difficult situation, but you need to get out of it, don’t expect pity from the bank. Anything the bank takes in excess of the loan amount will be a profit for it.

If you compare loan and mortgage rates by European countries, our banks work for excess profits. The loan rate in Europe is 0.25% per annum, there is mortgage credit lending, where mortgage interest is 0%. There you only need to make payments only on the main loan. Our banks are not yet so civilized and want to grab the maximum profit now, although no one thinks that our population is mostly financially below average. Those who have money practically do not take out loans, and those who do not have money take it out of necessity, often without thinking about how they will pay, or they think: I’ll pay it off somehow. But everything turns out differently.

If the loan is overdue for up to a month, the lending department will work with you. Employees will periodically call and remind you about the debt; at this stage they simply clarify when you can make the payment. You should talk to the bank constructively and indicate the date when you intend to pay. Until that day, you will be left alone, and in the meantime, try to find funds to pay off the debt. If this is done the problem will be resolved. If the debt is more than 90 days, the bank has the right to take you to court for an overdue loan. But banks are in no hurry to do this, since they will have to stop accruing late interest, penalties and other fines. They will try to repay the debt themselves or sell it to collectors. In this situation, try to contact the bank about restructuring the debt and suspending the accrual of interest for overdue payments. You can document that your financial situation will change for the better, the bank will be able to accommodate you.

If the bank does not want to work peacefully, it will most quickly go to court against you to collect the entire amount of the debt. The bank may send an application for court order, if he wants to collect the debt without penalty, the amount of the claim will be less than 50,000 rubles. But most often they write statement of claim to court to collect the entire amount of the debt without paying a penalty. If questions arise regarding non-payment of debt and penalties, the case is considered in district court. When analyzing this case, you can ask the court for an overdue loan to reduce or remove the penalty, since it can be much larger than the loan itself. The judge makes a decision and determines the amount of debt. Remember, what amount of debt is assigned by the court, this must be paid; the bank cannot demand any amounts from you for payment after the court’s decision. The court decision must be executed within 30 days from the date of receipt. If payments have not been made, it starts working performance list, at this stage they will seize all your accounts and write off all available money for debts; if this is not the case, they will come home and inventory the property. In this case, you can ask for an installment plan to pay off the debt, for example from wages. The bailiffs can go to the meeting. Experience shows that banks ruin many families.

Mass lending has reached a huge number of citizens. Previously banks They gave loans based on two documents, and the citizens didn’t think twice about it; they took it and that’s it. Even now, posters are full of announcements about issuing a loan in a short time, while rarely indicating the interest rates on the loan or indicating the interest per day. This is especially well-established in microfinance organizations that give money at 1-3% per day. For many, this seems like a very small number, but in reality the annual interest rate will be more than 1000%. For example, if you took 10,000 rubles at 1% per day, the amount of interest per day will be 100 rubles. Whether it’s a lot or a little, now calculate the interest per month, it will be 3,000 rubles, and per year. Therefore, do not take money at such interest rates; if there is a delay, it will be difficult to pay off. Taking 10,000 rubles, in a year you will pay 36,000 rubles with interest alone and repay the debt. If there is a delay, do not be alarmed and seek advice on overdue loans from a law firm.

The initial consultation may be free and consists of a case review. Next, the lawyer will study all the documents provided and give legal assessment and will give a forecast for the outcome of the case. The next step is to contact the bank with a request to suspend the accrual of interest. The lawyer can collect more necessary documents and represent you in court. With a power of attorney, a lawyer can participate in court without you, and if you want, you can attend the hearings. The main thing is to sue the bank for a penalty in order to significantly reduce the amount of debt. The work of a lawyer is not limited to consultation on an overdue loan, but will also cooperate with the court and bailiffs. If you want, he will ask to divide the entire debt into several payments.

Dealing with a bank on your own is always problematic, so use the services of law firms. There, experienced specialists will help you with your non-performing loan case. The main thing is not to be shy and contact us, for them all clients are equal, for everyone they will defend the rights and interests. Remember on the side credit organization a whole staff of lawyers who defend the interests of the bank. Lawyers' services are paid, they will pay off if the lawyer reduces your debt by a decent amount. Whatever the cost of communicating with bailiffs, you will immediately lose all desire to deal with this matter yourself.

Apartment with a mortgage? Late payment on your mortgage loan

Mortgage lending is highly developed in all countries. It consists in the fact that the bank issues a loan secured by the purchased housing. The citizen immediately becomes the owner of the home, but it will be collateral for the loan. Such loans are usually given for 20-30 years. Now mortgages are given at 12% per annum, with payment down payment 20% of the cost of housing. The bank signs an agreement with the client, which determines the term for which the loan is taken, the payment schedule, the amount of payment per month, and stipulates penalties and fines for late payments. Carefully read and understand the entire agreement point by point; if you feel that you cannot understand it yourself, hire a mortgage lawyer. He will check it from an economic and legal point of view and will not allow exorbitant requirements to be included in the contract. Next, the agreement is signed by the bank and the borrower himself.

From now on, for 20-30 years you will have to pay the mortgage every month, if you ever do not pay off the entire mortgage at once, the contract usually provides for this option. The mortgage payment will be made according to a schedule that cannot be violated. Late payment even by one day leads to a fine, which increases costs and again a signal that you are not a reliable customer. If there is a delay mortgage loan three payments, the bank has the right to go to court for the return of the entire debt, even if these non-payments are made three times not in a row. It all depends on the terms of the loan agreement. At this point, or even earlier, if you feel that you can no longer pay, ask the bank to restructure the debt and mortgage in general. Banks take such measures to help the client pay off the debt. If delays continue, the bank goes to court to collect the entire mortgage debt. Here they will calculate late interest, penalties, and various fines, and it will turn out that the amount of debt will be several times greater than the mortgage loan.

In such cases, always ask for help from a lending lawyer, it’s better to pay legal services, but don't let the bank rip you off. The court, of course, has the right to cancel the loan penalty, but the main mortgage loan and interest will have to be paid. If you do not find funds to pay off the court-ordered debt within 30 days, you will have to give the apartment to the bank, and they may sell it for a price that may not cover the amount of the debt. The bank will take this apartment, even if this is your only home. Now know the risks of defaulting on a mortgage loan. Therefore, you should consider whether it is worth taking on such a burden, whether you can pay the mortgage for many years, life circumstances can change at any moment. It is especially difficult now for those who pay foreign currency mortgages; the ruble exchange rate has doubled, which means that they will have to pay twice as much every month. At the moment there are huge debts on foreign currency mortgages.

Restructuring of overdue debt

It happens that there comes a time when the borrower is no longer able to pay the loan. If you find yourself in such a situation, contact the bank management in advance with a request for debt restructuring. It will consist of increasing the loan term or reducing the size of the payment, that is, agreeing on the payment of interest, and freezing the principal debt for some time. If you are in arrears, you need to act as quickly as possible, immediately contact the bank management to restructure your overdue debt. You can make such a request if you have compelling reasons, such as loss of temporary ability to work or work. If you delay applying, the amount of debt will only grow due to penalties and fines. At this point, it is necessary to prove to the creditor that the deterioration in material terms is temporary and you do not refuse all debts and will pay as soon as you have funds.

The bank will accommodate the client if he reasonably confirms with the help of documents the temporary nature of the difficult financial situation. It is especially important to apply for restructuring of overdue mortgage debt. Here, an apartment, maybe even the only one, is at stake. Banks take this step at the beginning, understanding that it is really difficult for a person at this moment, but this is a temporary phenomenon. The bank will offer a repayment schedule for the overdue debt, which must be followed. You can also ask the bank to increase the mortgage payment period, which means the amount of monthly payments will decrease. If these agreements are violated, the entire debt will have to be paid at once, but only through the court. This amount can only be found when selling mortgage apartment. Another way to pay off the debt is to take out a loan from another bank, but at a lower interest rate. This method is not a solution, since you currently do not have the opportunity to pay for a loan, where it may come from.

The only true advice is not to take loans without thinking, analyze a hundred times how much you need a consumer loan, a car loan or a mortgage. As long as you do not have a loan, you sleep peacefully and your whole family does not know any worries. And if you took out a loan, then every month you will think about how to pay the payment. You will have to save a lot on your family, but is it worth it if you have small children? You could spend your entire life paying off your mortgage. But if you take out a mortgage, pay on time and do not forget that the payment may be the highest. How many marriages fail on this basis due to the constant lack of money in the family.

Anna asks

Please tell me what to do? I took out a loan a few months ago. But I was fired from my job. While I was settling in new job, the loan is overdue, what should I do? How will the bank behave and what do I need to do now to avoid getting into even bigger debts?

Statistics show that 62% of Russians have taken out a loan at least once in their lives, and 42% remain debtors to this day. There was a particularly strong credit boom in 2017.

Some improvement in the labor market, an increase in wages, as well as the emergence of many credit opportunities and programs from banks, led to an increase in the number of household loans.

However, not everything is so optimistic. Often people cannot calculate their capabilities.

What to do if your loan is overdue?

Such questions often arise among insolvent borrowers. And the answer to these kinds of questions is logical advice - urgently find funds and repay the loan. But there are no funds.

If they were, the borrower would not have found himself in this situation. Take out another loan? This is not possible if the current delay already exists.

The main and first advice in this case is not to hide from the bank and not to try to avoid paying the debt. After all, the bank is no less interested in resolving the issue than you are. Does he really want to leave the debt behind you and not get the money back?

If your difficulties are temporary, you need to call the bank and warn them about it. If you understand that financial difficulties will drag on, you need to come to the bank and write an application to restructure your debt.

Indeed, in this case, for some time you will be able to pay only the interest part, and payments on the debt will be suspended. This will help you recover and reduce your financial burden.

Usually the question - “what to do if there is arrears on the loan” arises already at the moment when there is large debt, and enough time has passed for the image of an unscrupulous payer to form.

In this case, you should immediately inform the bank, always in writing, about your financial difficulties. Moreover, it is necessary that your letter be marked with an incoming number, and that you have a copy of this letter.

You can also try until your financial situation is restored.

You can also hire a lawyer. And you can handle it yourself. In any case, the goal of your actions should be to avoid looking like a willful defaulter to the bank.

And in no case should you evade responsibility if a court decision has already been made, because this is an unpleasant thing.

Overdue on a loan - now this phrase has become almost a national sign for Russia. Without going through detailed statistical studies, we can say with confidence that every second adult resident of the Russian Federation took out a bank loan.

And every third client found himself in a situation where he had to deposit monthly payment it was becoming impossible. You can conduct a sociological mini-study by asking passers-by on the street if they have ever been in the status of a bank debtor. It is difficult to imagine how much the number of positive responses will outweigh the number of negative ones.

Overdue loans are evidence of a deep systemic crisis in which our country has been experiencing for several years now. Evidence of the artificiality and underdevelopment of the Russian credit system. In Western countries, credit has historically become a necessary part economic development. In Russia, it initially arose as a political phenomenon.

Reasons for the prevalence of credit problems among the population of the Russian Federation

But it is not worth going into sociology and political science here, but it is worth identifying the main reasons that contribute to the fact that clients are unable to pay monthly loan installments:

• an unpredictable and precarious situation on the labor market, when today you have a job, and tomorrow you will be laid off, which will lead to the inability to pay the bank;
• difficult social and environmental conditions that contribute to deterioration of health, the occurrence of serious injuries and illnesses, often leading to disability, and the need to purchase expensive medications;
• Nightmarish annual interest rates by Western standards (on average) - 17% for mortgages, 25% for consumer loan and auto loans, 30% for small business loans;
• heavy economic crisis, associated with the sanctions of 2014, led to hurricane inflation, and as a result, the salaries of most clients depreciated by a third, or even half. Many began to face an obvious choice - buy food or pay off a loan;
• unfair policies of some banking organizations introducing hidden interest and other “fine print” into contracts, deliberate lack of awareness of the clientele;
• irresponsible attitude towards loan agreements the borrowers themselves, when people take out a loan to buy what they want “here and now”, without seriously thinking about the burden of payments, and they are not afraid of late payment on the loan.

As a result, the borrower turns into a loan debtor. The status of a debtor is assigned to the client after the date designated for payment next installment day (usually the end of the month) the bank’s system does not detect a positive change in the client’s credit account. But the debtor is different from the debtor - both for reasons and for the terms of the debt.

List of possible sanctions from the bank

The bank, as a creditor and beneficiary incurring costs due to the termination of client payments, can and will apply the following set of sanctions (based on Article 330 of the Civil Code of the Russian Federation):

• minimum fixed penalty additional charges;
• penalty interest, “dripping” every day from the moment of delay;
• larger fixed penalties;
• dynamic penalty interest (interest on interest), due to which total amount daily fines will constantly increase;
• constant calls to home and work phones, informing bosses at work about the loan debt, regular SMS messages demanding repayment of the debt, regular similar messages by e-mail, and the bank will get it in this way from the early morning. Similar “repressions” are possible in relation to the client’s relatives and friends, and for those who were guarantors/co-borrowers in the loan transaction, such measures are completely legal. In other cases, the creditor bank has no right to somehow touch the debtor’s relatives;
• resale of credit rights to collectors, although by law the bank is not allowed to do this due to the legally vague and semi-criminal status of the collectors themselves. Collectors use illegal, unlawful and immoral methods of influencing debtors - psychological pressure, damage to property, threats, and in some cases even physical violence. The debtor has every right contact the police if you encounter debt collectors;
• Another extreme measure is much more common - filing a claim in court, and 90% of all such cases are considered by the court in absentia, without the participation of the defendant, with the issue being resolved in favor of the bank. As a result, the debtor bears administrative responsibility, the case is transferred bailiffs, and they freeze all the debtor’s existing accounts ( bank cards), make a decision on monthly deductions from the salary/pension, they will confiscate the debtor’s property (car, expensive equipment, jewelry), if there is a supply of living space per person, they may force you to change the apartment to a smaller and cheaper one, and they will take the monetary difference. At large loans with suspicion of fraud, the borrower risks falling not under administrative, but criminal liability (Article 159 of the Criminal Code of the Russian Federation).

Features of penalty interest

Of course, all these sanctions fall on the client not at once, but in stages. As the duration and size of the debt increases. But first, it’s worth taking a closer look at the topic of penalty interest. The peculiarity of late payment on a loan is that each bank has its own policy, differing in varying degrees of “fierceness”.

It happens that interest for failure to pay a loan payment on time exceeds the annual interest rate several times. One of the many gaps in Russian banking legislation is that the upper threshold for the amount of penalty interest is not defined when there is a delay on the loan.

But the lower one is defined. This is the Central Bank refinancing rate, which on January 1, 2016 was equalized to the Central Bank key rate. In principle, these concepts are similar, only key rate defines the minimum level. Namely, the level of interest rate at which the Central Bank lends to all other banks in Russia.

Plus, exactly the same percentage is set in reverse lending, when banks open deposits with the Central Bank. Today the key rate is 10%. This is the lower threshold of penalty interest. But not every bank adheres to the lower threshold. It should be noted that the amount of the fine and penalty is determined by three factors:

• bank policy;
• loan size (the larger the loan, the harsher the penalty for late payment);
• debt period (the longer the client delays payment, the deeper he burrows into the debt hole).

Relationship between debt terms and bank actions

How will the bank act if it discovers that due loan payments have stopped coming? First of all, it all depends on the timing. Based on this criterion, it is worth considering the sequence:

1. If your loan is only a couple of days overdue, there is nothing to worry about. This fact will not even be reflected in your credit history, and the total amount of the fine will not exceed a couple of hundred rubles. However, even here it is recommended to call the bank to notify the employee of a slight delay and full payment of the monthly fee.
2. If the delay period is from a week to a month, then penalty interest will begin to be added to the minimum fixed penalties (500-1,000 rubles). In a month, the total amount of debt can range from a thousand to several thousand rubles. When the first “debt” week expires, calls from bank employees and regular SMS messages with relevant content will begin.
3. The long term ranges from one to three months. Fines can already amount to tens of thousands of rubles. Many clients have to change SIM cards because calls and SMS messages sometimes bother them all day. Small, private banks may begin to threaten extrajudicial confiscation of property (which is illegal) or transfer the client’s case to collection firms (which is also illegal).
4. When there is no news from the borrower for six months or even a year, most banks file a lawsuit in court. As already mentioned, such a submission almost always ends negatively for the borrower. A bank is not an MFO, and the court will most likely side with the plaintiff. Moreover, such cases are considered very quickly, without delay. It is not uncommon for a debtor to find out about the past trial only after receiving half his salary/pension. Or when the bailiffs knock on his door.

And now the main and most important question of the whole topic is what should a client do if he finds himself in such trouble? Actually in Russian system There can be only two lending options: either, or pay the loan at 110% in full.

The problem is that in the Western lending system, half-hearted measures are extremely developed, when a client who pays at least somewhat is supported and encouraged by the bank in every possible way. Not surprising, given the feature Western credit mentioned at the very beginning of the article.

But in Russia, other banks demand unbearable conditions from the client. For example, immediately pay off the penalty accruals in full while simultaneously paying the monthly fee. Many borrowers try to pay at least some amount, but the rate at which the penalty increases is faster than the rate at which it is repaid.

As a result, the bank continues to call, warn, and threaten to sue. In such circumstances, one simply gives up, and a logical question arises: “Why the hell am I working so hard if the lending bank doesn’t appreciate this anyway and will eventually sue?”

If the recipient of the loan has firmly decided not to pay at all, then his only legal support will be the deadline limitation period, which is 3 years. The bottom line is that if 3 years or more have passed since the last contact of the bank with the client, the loan debt is canceled. After this, the borrower no longer owes the bank anything on the loan.

The trouble is that, as always, there is one big “but”. Contact with the bank is considered not only a personal visit to the bank’s office or at least a telephone conversation, but also written notifications from the lender sent by regular mail. Of course, it is impossible to prove that the client actually received and read the letter, but the court, as a rule, does not stop at such trifles.

Since the letter was sent, it means there was contact with the bank. Even if the loan itself was taken five years ago. A more or less suitable option is to change your place of residence with a change of registration. Move, change SIM card, don’t show up at branches credit institution, don’t “shine” on social networks (this is important!), and maybe the statute of limitations law will work.

But here, too, the court is quite capable of siding with the bank on the basis that the defendant did not notify the creditor of the change of registration, although under the contract he is obliged to report such things. Another legal, but even more hopeless loophole for debtors is the personal bankruptcy law, which came into force on July 1, 2015.

However, in its real strength it resembles the Manifesto on the abolition of serfdom. The fact is that in order to declare an individual bankrupt it is necessary that:

• the loan size was at least 500 thousand rubles;
• a lawsuit that begins the procedure for declaring a debtor bankrupt must be filed by the creditor himself, i.e., by the bank, which in 99 cases out of 100 is never beneficial for such a turn of events.

There are a couple more points, but the above are the key ones. The benefits for borrowers from this law are even less than from the statute of limitations law. Is there any other way out?

Options for mutual agreement between debtor and creditor

In principle, if a problem with repaying a loan arose for a truly good reason (closure of an enterprise, reduction of staff, serious illness of the borrower himself or his loved one), then the bank is able to accommodate.

In such circumstances, it is important not to delay or delay, but to get in touch with the bank that issued the loan as soon as possible. What concession options are there? There are several of them:

1. Loan restructuring. A new contract is being drawn up for more favorable conditions. The remaining credit debt can stretch for more long term, which will reduce the size of your monthly payments. Or they reduce the annual interest, which again will make the contributions smaller.
2. Loan refinancing. Another loan (for example, consumer) is taken out from the same or another bank to repay an overdue old loan. Some banks automatically include a refinancing service in their credit lines. Clients are advised to inquire about such things at the stage of concluding a loan agreement.
3. Credit holidays. It’s simple – the borrower “rests” for a short period of time (1-4 months), i.e., does not pay anything at all according to an official agreement with the bank. Now, due to the crisis situation, there seem to be no clean credit holidays left in any bank in the country. But there is a service where for a month or two you can only pay interest on the loan or reduce only the loan amount. In both options, the monthly payment will be significantly lower. But when you repay only interest, a large interest overpayment arises, and when you pay only the body of the loan, confusion may arise with the calculation of interest.
4. Forgiveness of part of the debt when, for example, the bank simply writes off all accrued fines and penalties. A highly unlikely scenario.

But for a good reason, it's worth a try. It is important to write the application correctly, indicating in the header your passport data and basic information about the lender. Then describe in detail the reason for the delay. It will be useful to propose a solution to the problem with calculations and calculations, so that it is clear and conclusive.