What happens if the loan payment is delayed. What to do if the loan is overdue: instructions

Each borrower, regardless of which credit program he participates in, is obliged on a monthly basis, set time, make a monthly payment to the current account of a financial institution (the schedule is calculated individually and handed over to the borrower along with the loan agreement). If a bank client has financial difficulties, for example, a delay wages, unexpected illness, death close relative, and he will not be able to make the payment within the specified period, the bank will determine this as a delay.

Do banks charge delinquency fines on loans?

Every borrower who is in arrears on a loan tries in any way to delay its repayment, especially if he is in financial difficulties at that time. After the required amount of funds appears, responsible clients strive to fulfill their obligations as soon as possible. credit liabilities... They will be stimulated in this matter by fines and penalties that the bank will charge on the amount of delay.

Financial collection by a credit institution is charged in several ways:

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

Federal legislation of Russia provides for punishment for individuals who have violated their obligations under credit programs. In accordance with the regulations Civil Code(Article 330), for deviations from the schedule of monthly payments, a financial penalty may be applied to debtors:

In accordance with the provisions of Federal legislation, banks can apply the following interest rates when determining the amount of the forfeit:

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

The calculation of the forfeit on an overdue loan can be considered using an example:

• An individual decided on a mortgage loan with down payment 20,000 rubles.
• A financial institution charges 25% per annum on these 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 a bank client does not have the necessary amount of money on hand to pay a monthly payment, he can try by legal means postpone 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 need to write a statement and indicate in it the reasons for your financial insolvency at the moment (for example, wages were cut). If the leadership the bank will go on concessions to the client, then the amount of the monthly payment will be changed to a lower side, but at the same time the term of the credit program will be increased. When submitting an application, you must attach supporting documents 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 credit holidays... If a financial institution meets its client halfway, then he will be able to pay nothing at all on the loan for 2-3 months. Today, due to unstable economic situation there are 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 schedule of monthly payments and the bank began to apply penalties, he should make an appeal to the management with a request for a deferral. In the event that a positive decision is made on the application, the creditor can cancel the previously accrued fines and penalties.

Loan delay 3 months - what can the bank do?

The number of problem clients in Russian banks is growing every year. As a result financial institutions forced to develop methods of "dealing" with debtors:

Advice: some borrowers may try to mislead bank employees about their good intentions to fulfill their loan obligations. If, in the end, the debt is not repaid due to their constant transfer, then in a few months the debtor will cease to believe and more radical measures will be taken.

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

Each borrower who has a delay in the loan program must act as follows:

1. 1 to 3 days overdue. Such debt should not affect the credit history of the borrower 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 financial institution employees are enough to force the debtor to fulfill his obligations. Some banks impose fines and penalties for such violations of payment discipline, which do not exceed 300 rubles. The borrower can independently carry out all the calculations if he does it right away, the formula of which is on thematic web resources.
2. From 2 weeks to 1 month delay. Usually, such arrears arise due to unforeseen life circumstances, for example, delayed wages or illness. The borrower needs to quickly pay off the debt, to which, most likely, the bank will add fines and penalties. If the financial institution gives a short 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 overdue. If a client of a financial institution has such a delay, then, most likely, the lender's non-financial specialists will deal with his issue. At best, the debtor's case will be transferred to the bank's security service, and at worst - to the collectors. In such a situation, borrowers should in no case hide, otherwise they may be recognized as a fraud and demand from law enforcement agencies to initiate criminal proceedings. Debtors should not react to provocations. They need to intelligibly explain to the bank representatives 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 harassed 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 they can ultimately be used as evidence in court if representatives of Themis are involved in resolving the conflict. In the future, such borrowers will be able to help correct their credit history, for example, a program.
4. 90 to 150 days overdue. If during such a time the borrower has never contributed money to pay off the loan debt, 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 bank's client needs to apply for qualified legal assistance. By signing an agreement with a narrow-profile lawyer, the debtor can delegate to him the solution of all important issues. If the lawyer is good, then he will be able to get the court to write off most of the loan debt. He will also tell the client,.
5. Delay exceeding 3 years. In this case, the debtor no longer needs to avoid communicating with the bank. Delay falls under the deadline limitation period, and all financial claims of the bank against the client will be canceled.

How to make an appeal to the bank correctly?

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

1. A cap. Here you need to indicate 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 dates of debt repayment are indicated.
4. The debtor can offer his own options for solving the problem (for example, having studied banks, he can find a lender who will allow him to take part in refinancing).
5. Signature and date are put.

Advice: the application must be accompanied by copies of all documents mentioned in the application. One copy must be handed over to the secretary, and on the second one you must ask him to put a stamp on acceptance.

Is bankruptcy a way out for debtors?

Starting from 1.07.2015, on the territory Russian Federation a law came into force that allows individuals with a large number of loan debts to go through bankruptcy proceedings. This will allow them to get rid of their heavy credit burden and start living in peace.

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

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

The worst scenario for the debtor

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

1. Sells debt natural person 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, may resort to a more non-standard way of "knocking out debts".
2. Appeals to the court to collect overdue debt. In this case, the debtor can 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, then 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 the bank employees and always went to dialogue with them, then even if big delay there will be no signs of fraud in his actions.

Advice: borrowers with a debt of more than 1,500,000 rubles will be liable before the law under Article 177 of the Criminal Code of Russia. The malicious defaulters, whose guilt will be fully proven, face imprisonment for up to 2 years.

What if the bank filed a lawsuit and received a decision in its favor?

In most cases, the representatives of Themis in matters relating to debt collection from borrowers, take the side of creditors. After the relevant decision is made, the court order is forwarded to the executive 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 seizure of things (except for those that are prohibited by law to describe) 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 take part in the lending as guarantors. If employees of a bank or collection services call or visit them, 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 take over debentures... In this situation, the legal successor may be the only way not to pay off the delay - to give up his rights to the entire inheritance.

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If an individual who was registered or any other credit program, does not want to have any problems with the bank, it is obliged to timely fulfill its financial obligations. In the event that he has a loan delay, he should not hide from the bank, as this will lead to disastrous consequences. It is best to consult the management yourself, explain the reason for the temporary financial insolvency and ask for a delay. As a rule, banks show leniency to such clients and offer various solutions to the problem.

In contact with

The volume of loans issued in Russia is growing every day. Compared to 2016, in 2017 the total amount of loans increased by 30%. And this is not the limit. Financial analysts are confident that the number of mortgage loans will increase by the end of 2018. This is favored by the ruble exchange rate, the gradual increase in the incomes of Russians, as well as their enthusiasm credit products.

On the one hand, loans help in solving various financial problems... On the other hand, they increase the number of delays and refusals financial commitments.

Types of loan delinquencies

Minor. They arise due to the payment made 3-7 days later than the date specified in the loan agreement. For minor delays, banks do not impose fines and give new loans in the future.

It's important to know!
If the loan debt is paid from the account of a third-party bank or card, through the systems remittances or through the "Russian Post", then the funds will not be credited to the account instantly, but within 1-7 working days. This must not be forgotten.

Distressed. If the borrower does not repay the loan and does not answer calls within 30-60 days, the bank has the right to transfer information about him to the debt collection service.

Long term- for a period of 3 months and more. To force the borrower to return the money, the bank hands over the case to the collectors or sues.

Sanctions and fines for violation of the loan payment schedule

Among the general sanctions are:

Fine. It is fixed sum of money, which is charged from the borrower for the occurrence of delay.

Interesting to know
Some banks may fine even for minor delays. The fine is 100-300 rubles.

Confiscation of property. If the loan is secured, and the delay is more than 3 months (the client does not get in touch), the bank has the right to sell the property to cover the debt.

Sale of debt to a collection agency. This is the most unpleasant punishment, since the collectors by any means seek to repay the debt.

I will file a claim in court. Banks take the case to court if borrowers refuse to pay large loans: mortgages or secured loans.

What are the risks of a loan delay?

Loan delays affect:

For the opportunity to take a new loan. If in the past the borrower deliberately avoided credit obligations, then the next time you contact the bank, it is likely that the loan will not be given. Financial institutions are not ready to cooperate with citizens who do not comply with the provisions of the agreement.

On the parameters of the loan. If the bank nevertheless approved the application for a borrower with a damaged credit history, then in order to reduce risks, it will increase the rate, reduce the limit and term of the loan.

Interesting to know!
80% of banks refuse loans to Russians, for whom there are open delays and even repaid. Among them is Sberbank. It is almost impossible to get a loan on standard terms.

What to do if there are loan delinquencies?

Namely:

offer credit holidays;
will do debt recalculation (restructuring).

Remember!
If there was a slight delay, then it is enough to present to the bank a document confirming a valid reason for missing the payment.

It's important to know
In Russia, the practice of declaring an individual bankrupt is permissible. This is a laborious process. Thanks to the time spent and participation in litigation, the borrower will legally leave the debt.

How to communicate with collectors?

Remember!
In Russia, collectors behave extremely unethically and in 50% of cases exceed their official powers. For example, they have no right to threaten about causing moral, material and physical damage.

To do this, follow the recommendations:

1. Answer politely.
2. Be sure to find out who you are communicating with (full name, company name, position).
3. If possible, record the telephone conversation.

If the collectors threaten, and you have evidence of these threats, you can safely go to court. According to Russian legislation, no one has the right to threaten the life and health of citizens.

In order not to ask questions: if there was a delay on the loan, whether they would give a loan in another bank, or how to avoid communicating with collectors, you need to seriously approach the issue of obtaining loans.

Before submitting an application, you should calculate all the risks, and most importantly, make sure that you really need a loan.

Open delinquencies impede the receipt of a loan. But in rare cases, banks are accommodating and give money on special terms. When deciding on an application, banks in mandatory check the borrower's solvency. The main indicators of reliability are good credit discipline and timely fulfillment of financial obligations.

What are the delays and how they affect

According to the legislation, credit institutions are obliged to transmit information about the delay to the BCH by the 5th day. But in fact, banks delay this information for up to 1-2 weeks or more. As obligations are defaulted, the debt status is updated.

The decision on the loan depends on the nature of the delay:

How to convince the bank of your reliability?

Delays are possible even for responsible borrowers, for example, due to delayed wages or unexpected medical expenses. New loan may be needed to cover current overdue debts. This is not the most good option because such a scheme almost always leads to a credit pyramid - new loans to pay off old debts.

If it is not possible to borrow from friends and contacting the bank is inevitable, try to convince the lender of your reliability:

• list all sources of income;
• Additional income confirm with the relevant documents - a certificate in the form of a bank, extracts from bank accounts and electronic wallets, a lease agreement for your own real estate, a certificate of receipt of dividends, interest on deposits, etc.;
• provide the phone numbers of the manager and close relatives;
• bring a solvent guarantor with a formal job.

Property pledge will allow you to get it even in the presence of an overdue debt. The following are accepted as collateral:

• securities.

This step is permissible only if absolutely necessary.

A secured loan involves high risks of property loss in case of default.

Refinancing

It is recommended to apply for the service even before the expiration date, if you already understand for sure that you will not be able to cope with your current obligations. In some commercial banks, refinancing is available even if there is an overdue debt.

Pros of refinancing for a client:

• allows you to avoid or prevent the growth of delinquency;
• decrease in the amount of monthly payments by extending the term and reducing overpayment;
• convenient payment schedule;
• You can additionally receive a certain amount of cash on hand;
• all loan commitments are combined into a single agreement.

The bank conducts a standard check of the applicant, evaluates the credit history and income. The application is considered within a few days. If the decision is positive, the client signs a new one loan agreement:

• documents for all loans are reissued;
• if the original loan was secured against real estate, the right to receive the property in case of non-repayment of the debt is transferred to the new bank;
• the creditor transfers funds to pay off "old" debts;
• the borrower terminates cooperation with the original lenders and begins settlement under the new agreement.

In case of refusal, contact other organizations. Refinancing services are available not only in banks, but also in microfinance organizations.

Where will a loan be given for existing delays?

Some banks admit the presence of one short delay, because they understand that such violations happen even to already reliable and solvent customers. Lenders are ready to turn a blind eye to minor flaws in CI, if the applicant meets all the requirements and has sufficient income.

The list of banks loyal to tainted CI includes:

• - from 9.9% only by passport;
• - from 9.9% even with poor CI;
• - from 7.9% per 1 document;
• - with spoiled credit rating or zero history from 15%;
• - from 14% with an online application;
• - from 12% from 18 years old and only according to the passport of the Russian Federation;
• - from 11.5% with a quick review of the application;
• - a credit doctor program specifically for correcting CI.

A loan in most of the listed organizations can be obtained. Despite this, it is recommended to bring a complete set of documents with you, including certificates from work.

Citizens with a tainted history and open delays you will have to pay an increased rate - in the range of 20-50% per annum.

Insurance

If your credit history is far from ideal, opt for insurance services. Less insurance, you get a lower amount, but the chances of getting approved are much higher.

Usually loan officers offer to take out life or health insurance. Within 14 days from the date of the transaction, the client is entitled to.

Credit cards and overdraft

With a long delay, it makes sense to apply for by credit card... The requirements for this product are minimal. However, the interest rate is higher than that of. You also have to pay for annual maintenance and for withdrawing money from an ATM. Alternatively, you can apply for an ATM that allows you to withdraw money without a commission.

To save money, apply for a card with a grace period during which you can use the money for free.

Overdraft is an alternative way to obtain credit funds. But it will take some time. The client draws up debit card and regularly replenishes the account within 2-3 months. Constant account transactions increase the level of trust. The client may ask to open line of credit on this card, that is, connect an overdraft - the ability to withdraw more than is on the account. Thus, a debit card becomes a credit card. Timely payments can continue to qualify for more profitable products.

Where else to apply for a loan with delays

Loan refusals are not a reason to give up - apply for a microloan. MFIs are less demanding on borrowers and provide cash almost everyone who applied, including those with a bad payment history and unofficial income.

1. - one of the three most popular MFIs in Russia. Normal rates from 0.76%, quick issue.
2. - the first loan is issued without interest. Further, there are standard rates.
3. - also promotions for new old customers. You don't have to pay interest.

If none of the above options worked for you, contact a loan broker. These are professional intermediaries who help to find the best option with loyal requirements, collect required documents and understand the terms of the contract. Conscientious brokers charge based on performance.

If you are promised a 100% result and require an advance payment, most likely you are dealing with scammers.

Don't settle for an advance. Pay only when you achieve no result.

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When a borrower signs a loan agreement, he expects to fulfill the obligations imposed on him by the bank, if he is not a fraud and does not deliberately take a loan without return.

A person may be convinced that he will repay the loan on time, or simply hope at random, but life circumstances may not work in his favor, and the repayment period may move 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. What does she threaten the borrower with and what should he do in this case? What consequences can it have depending on the term of the overdue loan (loan)? You will find the answer to these questions in our article.

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

Delays in loan repayment from 1 to 5 days can really be called insignificant, or technical. The borrower could forget and make a payment later than the date of payment on the loan specified in the agreement, or he deposited money just in time with a partner (for example, in payment terminal), but did not expect the translation to take several days. As a result, the delay in a kind of timely payment was 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 delays in translation. 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 entered into a loan agreement. The point is that the bank will send information about the fact of repayment of the next payment in accordance with the law on credit histories to the credit history bureau (BCH). And it doesn't 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, then credit institution will definitely request his "credit dossier", or will be calculated on the basis of his CI data. And how a potential creditor will react to these small "sins" - no one except him knows.

To avoid delays in loan repayment, companies use automatic SMS notifications that remind the client about the due date. Also, SMS can be reminded of the need for payment in the event of a delay. For forgetful people, it really works.

The bank spends its money on such reminders and it will definitely not “close its eyes” to deviate from the terms of the agreement. For a loan delay, 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 clients 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 need to run far for an example - Tinkoff bank charges such fines on his credit cards. Run, by the way, on 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. He will simply be taken into account, and this can spoil relations with the lender, affect the cost of future loans in this bank (if they are given at all) and deprive other benefits - in such cases there is no need to wait for loyalty from the institution.

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

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

• carefully study the loan agreement and not violate the payment schedule;
• have an idea of ​​fines and other penalties;
• develop the habit of making monthly payments 2-3 days before the due date and choosing those partners of the bank, the transfer from which will come instantly or during the working day (it is better to do this at the bank itself, but it is not always convenient);
• if you understand that a delay in repayment cannot be avoided, then warn your manager or write an e-mail / call your lender and describe your still minor problem.

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

The reason for the "situational" delay may be various unforeseen circumstances. Borrowers often do not repay payments for reasons beyond their control: wage delays, business trips or departures for personal reasons, sudden illnesses, unplanned spending, etc. All of these are partly force majeure reasons that force the client to violate the "rules of the game." As a rule, there is no fraudulent intent here, it is just that people do not have “free” money or time at the time of maturity. 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 periods of overdue loan debt begin to slow down the debtor more actively. Employees of the credit department are connected to work with debtors -. Their responsibilities include monitoring the timely payment of the loan and other related payments (insurance, fines, etc.). Experts contact the debtor by phone in order to inform the borrower about late payments, find out the reason for non-payments and clarify the timing of debt elimination. Usually such calls are distributed at least once a week.

This approach is not typical for all banks. If nobody bothers the borrower, then there is no need to hope for a chance - the credit department simply could not reach the debtor's hands, and sooner or later they will be taken care of. Again, do not forget that the forfeit is already "dripping" on the outstanding amount, which is clearly not in the hands of the borrower.

On the Internet, you can find the opinion that the bank, by delaying the appeal to the debtor, thus earns on the forfeit. 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 so you can get to the deprivation of the license. Therefore, getting rid of debts is one of his most important tasks.

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

So, at this step, it is very important to demonstrate your decency 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;
• add family and friends to regular loan payments - ask them to make a payment for you in a certain period... Don't forget to supply them with money and instructions for repayment;
• contact the lender's representatives. Do not evade, but tell it as it is. Your task is not only to convince loan officer in your intention to pay off the debt, but also to do so;
• if you are an MFI client, but activate the service. In fact, this is a legalized 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 slip into debt hole, where you can stay for a long time, and it will be much more difficult to get out of there than at the current stage. That is why it is worth making every effort in the search for funds, and not sour and "roll on the knurled". What to do when there is nothing to pay the loan with, read in.

For the bank, this is a clear signal that the debt is entering a problem 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 carried out by a specialized one in the form of "soft pressure". Boorish people can also get caught - these are mostly former representatives of power structures, but, as a rule, their task is not to scare the debtor, but to enter his position, 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 timing of the return of all or part of the debt.

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 (refinancing);
• debt restructuring;
• cancellation of penalties, subject to the payment of the body of the loan, it is possible to provide a deferral. Alternatively, return half of the loan body 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 is 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;
• answer questions politely and fully;
• adequately respond to psychological pressure, paying attention to the inadmissibility of such an impact.

Phone calls are just a routine for arrears specialists. After receiving calm and intelligible comments in response to the debt claims, the bank employee is likely to release the pressure for a while.

We'll have to come to terms with the fact that they will pester relatives, colleagues at work (notify the superiors), call everyone available phones, frighten with various problems (blacklisting, inability to travel abroad, sale of debt to collectors, problems in the future with lending, etc.).

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

To show your desire to meet the solution of the problem, it is recommended that you contribute the amount available to you to the debt settlement account once a month. At the same time, keep your receipts (receipts), they may be useful to you in the future.

It is necessary to understand that banks will strive to solve the problem of debt repayment 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 debt repayment.

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 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, suggests that the debtor is unlikely to pay off the debt of his own free will. The bank has only two options: to collect the debt through the court or to assign the right to claim the debt to a collection agency that specializes in "squeezing" debtors. But until this happens, the borrower, as before, is actively working.

The borrower (including the guarantor, if any) will receive an official letter from the bank with demands 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 grow. They are usually frightened by the court and the collectors. Credit structure It is not difficult to understand, because for such a long period the bank has already managed to apply all possible levers of influence to the violator.

The trial is usually preceded by the final stage of negotiations. It is at this stage that it is important to try to return control of the situation into 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 compose 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 “secured” with wet (blue) stamps.

An approximate plan of an application to a financial organization:

1. Cap: Position, full name of the addressee (it is important to address a specific person);
2. A detailed description of the problem that caused the delay;
3. Copies of documents that can serve as evidence 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. Request for a written response and your desire to pick it up in person at the bank;
5. Suggestions of a plan for your further actions in debt repayment.

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

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

If the bank ceded the right to claim the debt to the collectors, 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 it entered into with the previous creditor - the bank (see the details on 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 does not have any rights of claim, it only helps the bank to knock out the debt. You can find out the "status" of the collectors by requesting documents from them (notification letter, copy of the contract), which they must provide to the debtor in accordance with the legislation of the Russian Federation.

What is the threat of 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, except that they will be pressed on him more persistently. Debt knocking is the main business of debt collectors, and they can go to great lengths to profit. Fortunately, the topic of arbitrariness of collection is widely covered in the press and on television, in addition, rather harsh laws have been passed restricting activities 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 make its decision in favor of the creditor, and now the state will take over the debtor in the person of bailiffs who can foreclose on movable and real estate the debtor, household appliances, luxury goods, in general, any liquid assets, with some exceptions. Alternatively, the debt will be deducted from the debtor's salary.

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

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

There are more options for solving the problem. One of them is to initiate the procedure. But if you take a closer look at its nuances and limitations, you will understand that it is better not to get involved with bankruptcy - this is a "toy" for rich debtors (and there are such ...).

And finally, you can use it 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 collect overdue debt. But with him, too, not everything is so simple, although if you are ready to change your name and "lay low", having left for a remote village, then perhaps you will succeed.