How partial early repayment of a loan occurs - the main points. How to make partial early repayment of a loan? Can a bank prohibit early repayment of a loan?

Recently, the courts have increasingly begun to receive statements of claim, the subject of which is to protect the rights of citizen borrowers in terms of ensuring the possibility of gratuitous repayment of loan debts earlier than specified in the loan agreements. In the overwhelming majority of cases, the courts take the side of the borrowers and regulatory government bodies that protect consumer rights. In this material we will consider the issue of the legal basis for banks charging a monetary fee from citizens for early repayment of loans.

Credit relations, among other things, are also characterized by the opposition of interests of their direct participants. On the one hand, in order to eliminate the possibility of a large overpayment on the loan, it is beneficial for borrowers to repay existing debt as quickly as possible and terminate any contractual agreements with the bank. On the other hand, banks are aimed at receiving annuity payments exactly in the amount in which they are specified in loan agreements and, as a result, at maintaining long-term loan relationships with their clients.

Pursuing this goal, many banking institutions include provisions in the text of their standard loan agreements that stipulate the paid nature of early loan payments. At the same time, representatives of credit institutions, justifying the legality of such provisions, as a rule, refer to the fact that if the loan is repaid early, the bank incurs quite natural losses in the form of lost income. Following this logic, it would be reasonable to assume that the debtor in all such cases is obliged to pay a certain amount of money in the form of a commission (penalty, fine) for early repayment of the loan, which compensates the bank for the financial losses incurred.

Indeed, a person whose right has been violated may demand full compensation for the losses caused to him. Losses are understood as expenses that a person whose right has been violated has made or will have to make to restore the violated right, as well as lost income that this person would have received under normal conditions of civil circulation if his right had not been violated. If the person who violated the right received income as a result, then the person whose right was violated has the right to demand compensation, along with other damages, for lost profits in an amount not less than such income. For its part, a penalty, as well as a fine and penalties, is a sum of money determined by law or contract, which the debtor is obliged to pay to the creditor in the event of non-fulfillment or improper fulfillment of an obligation, in particular, in the event of delay in performance.

Meanwhile, early repayment of debt under a loan agreement, in its legal meaning, is not a violation of contractual obligations to the extent that it may entail the imposition of civil sanctions on the borrower. Here it is necessary to pay attention to the following circumstances. In accordance with civil law, citizens and legal entities are free to enter into contracts. The terms of the agreement are determined at the discretion of the parties, except in cases where the content of the relevant term is prescribed by law or other legal acts. In cases where the condition of the contract is provided for by a rule that is applied to the extent that the agreement of the parties does not establish otherwise, the parties may, by their agreement, exclude its application or establish a condition different from that provided for in it.

Under a loan agreement, a bank or other credit organization undertakes to provide funds to the borrower in the amount and on the terms stipulated by the agreement, and the borrower undertakes to return the amount received and pay interest on it. The rules provided for a loan agreement apply to relations under a loan agreement. In this case, unless otherwise specifically provided for in the loan agreement, the loan amount is considered repaid at the moment it is transferred to the lender or the corresponding funds are credited to his bank account. If an obligation stipulates or makes it possible to determine the day of its execution or the period of time during which it must be performed, the obligation is subject to execution on that day or, accordingly, at any time within such period. In cases where the obligation does not provide for a deadline for its fulfillment and does not contain conditions allowing to determine this period, it must be fulfilled within a reasonable time after the obligation arises. In this case, the debtor has the right to fulfill the obligation before the deadline, unless otherwise provided by law, other legal acts or terms of the obligation, or does not follow from its essence.

As for credit agreements directly, paragraph 2 of Article 810 of the Civil Code of the Russian Federation provides for the possibility of early repayment of the loan amount provided at interest, subject to the consent of the lender. At the same time, by law, the borrower’s right to early repayment of the loan is conditioned only by the consent of the lender and is not related to the need to pay a commission. In turn, in accordance with paragraph 1 of Article 393 of the Civil Code of the Russian Federation, the possibility of imposing a property obligation on the debtor is made dependent on the non-fulfillment or improper fulfillment of the obligation to the creditor.

It follows that the actions of the consumer borrower to repay the loan early with the consent of the lender cannot indicate non-fulfillment or improper fulfillment of the relevant obligation and, accordingly, cannot lead to negative consequences for the borrower in the form of the emergence of the creditor’s right to present additional property claims against the debtor and the debtor's obligations to satisfy such demands.

So, analysis of the above norms shows:

The only possible condition within the legal framework for early repayment of a loan is the consent of the lender. Such a condition for early repayment of a loan, such as collecting a fine from the borrower, is not provided for by law;

Early repayment of the loan amount is the proper fulfillment of obligations earlier than established by the agreement;

There are no sanctions for early repayment of a loan under current legislation.

Therefore, the inclusion in the agreement of conditions on the financial responsibility of the borrower - an individual for the proper execution of the loan agreement in terms of exercising the corresponding right to early repayment of the loan with the consent of the lender is contrary to the law, and, therefore, can be challenged in court. The validity of this conclusion was confirmed, in particular, by the FAS of the East Siberian District in Resolution of June 23, 2009 N A78-7046/08, FAS of the Ural District in Resolution of July 2, 2009 N F09-4622/09-S1, FAS Volga-Vyatka District in Resolution dated 08/29/2008 N A79-720/2008 and FAS East Siberian District in Resolution dated 05/14/2008 N A33-12575/07-F02-1933/08.

However, in addition to providing borrowers with the opportunity to challenge in court contractual terms that provide for a fee for early repayment of loan debt, the inclusion of such terms in the text of the contract may lead to adverse consequences for the banks themselves. Speaking about the responsibility of credit institutions in relationships with borrowers - individuals, it is necessary to take into account, first of all, the fact that the rights of individuals in this area are protected by the law on the protection of consumer rights. According to domestic legislation, in cases where one of the parties to a civil obligation is a citizen who uses, purchases, orders, or intends to purchase or order services for personal household needs, such a citizen enjoys the rights of a party to the obligation in accordance with the Civil Code of the Russian Federation, as well as the rights granted by the Law “On Protection of Consumer Rights”.

This rule fully applies to financial relations arising between credit institutions and citizens. In particular, this is stated in the Resolution of the Supreme Court of the Russian Federation dated September 29, 1994, dedicated to the practice of courts considering cases on the protection of consumer rights. Here, the Supreme Court indicated that relations protected by consumer protection legislation may arise from contracts for the provision of financial services aimed at meeting the personal needs of a citizen, including the provision of loans, opening and maintaining accounts and other contracts. Consequently, relations regulated by legislation on the protection of consumer rights can arise from almost any agreement aimed at meeting the personal, family, household and other needs of citizens. The only exceptions here are relations related to the implementation of entrepreneurial activities by individuals.

The law itself states that the terms of credit agreements that infringe on the rights of consumers in comparison with the rules established by laws or other legal acts of the Russian Federation in the field of consumer protection are declared invalid. In turn, on the basis of Part 2 of Article 14.8 of the Code of Administrative Offenses of the Russian Federation, the inclusion in a contract of conditions that infringe upon the consumer’s rights established by law entails the imposition of an administrative fine on legal entities in the amount of ten thousand to twenty thousand rubles.

The typical position of arbitration courts on this issue was expressed by the Federal Arbitration Court of the Northwestern District in Resolution No. A56-6857/2008 dated October 21, 2008.

From the case materials it followed that the bank entered into an agreement with the citizen to provide him with a loan, one of the clauses of which stipulated the condition of a fine of 1,000 rubles for full early repayment of the loan debt. Having studied the arguments of the parties, the court recognized that the fine for early repayment of debt under the contract contradicts the norms of the Civil Code of the Russian Federation and infringes on the rights of consumers established by law.

At the same time, the court indicated that the credit institution’s arguments about the absence of guilt in the violation committed, as well as that the conditions infringing the rights of the consumer were included in the contract with the consent of the consumer themselves, are unlawful. Here the court noted that since the loan agreement is standard, the consumer is not given the opportunity to change the controversial terms of the agreement.

As for the bank’s guilt, in accordance with Article 1.5 of the Code of the Russian Federation on Administrative Offences, a person is subject to administrative liability only for those administrative offenses in respect of which his guilt has been established. A person brought to administrative responsibility is not required to prove his innocence. Irremovable doubts about the guilt of a person brought to administrative responsibility are interpreted in favor of this person.

According to Part 2 of Article 2.1 of the Code of Administrative Offenses of the Russian Federation, a legal entity is found guilty of committing an administrative offense if it is established that it had the opportunity to comply with the rules and regulations, for violation of which administrative liability is provided, but this person did not take all the necessary measures. from him measures to comply with them.

Since in the case under consideration the bank had the opportunity to comply with the rules and regulations for violation of which administrative liability was established, its guilt in committing the offense is established, the court concluded.

Hello! I’m with you, Dmitry Ovsyannikov and the “” project.

Every second loan borrower asks approximately two identical questions:

The first question concerns early repayment of the loan: the fact of early repayment: “Will it be possible to repay the mortgage loan early, or will the bank prohibit early repayment of the loan?”

Well, the second question concerns the bank’s charging of various fees for early repayment: “What fees will the bank have if I want to repay my mortgage loan early?”

So, my dears, on October 19, 2011, the then President of the Russian Federation, Dmitry Medvedev, signed Law No. 284-FZ (You can find it on the Internet) “On Amendments to Articles 809 and 810 of Part Two of the Civil Code of the Russian Federation” .
The name is complicated, and therefore the law is better known as the “Law on Early Repayment of Loans.”

The law is quite short and fits on one page of printed text:

“Introduce the following changes to part two of the Civil Code of the Russian Federation:

1) Article 809 shall be supplemented with paragraph 4 as follows:
"4. In the event of early repayment of the loan amount provided with interest in accordance with paragraph 2 of Article 810 of this Code, the lender has the right to receive from the borrower interest under the loan agreement, accrued up to and including the day of repayment of the loan amount in full or part.”;

What follows from this?

That the lender (or creditor), that is, the one who issues a loan (or credit), has the right to receive interest for using this loan: that interest that “accumulated” until the person was about to repay the loan early (or parts thereof).

That's all: according to the law, the bank has no right to charge anything more.

2) in paragraph 2 of Article 810:

a) paragraph two should be stated as follows:
“The amount of a loan provided at interest to a citizen borrower for personal, family, home or other use not related to business activities may be repaid by the citizen borrower ahead of schedule in full or in parts, subject to notification of this to the lender at least thirty days before day of such return. The loan agreement may establish a shorter period for notifying the lender of the borrower’s intention to repay the funds ahead of schedule.”;

Well, I’ll immediately read the next paragraph, because it’s quite important:

“The amount of a loan provided at interest in other cases may be repaid early with the consent of the lender.”

What does it mean:

That if a person takes out a loan or loan, then he has every right, after notifying the bank or other credit organization within 30 days, to repay this loan. This right is given to him by the relevant Law.
But if a person takes out a loan not for himself, not for personal purposes, but, say, to carry out business activities, then in this case, he can repay the loan ahead of schedule only with the consent of the lender (or with the consent of the lender).

Therefore, borrowers’ questions about whether a person can repay a loan early, whether the bank gives him such a right or not, today, do not make any sense: such a right is provided for by the Law, and the bank cannot prevent a person from repaying his loan early ( or part of this loan).

How does this happen in practice?

Let's imagine a situation where, let's say, I took out a loan. And my loan repayment date is the 15th of every month.

If I notify the bank that I am going to repay the loan ahead of schedule (part of the loan), then the bank on the date of making the scheduled payment must write off:

scheduled payment, including interest accrued for using the loan until the 15th, and
the amount that I will bring towards early repayment.

As a rule, according to the rules of most banks, you need to notify the bank about a week in advance. Some banks require that they be notified two weeks in advance.

If the bank does not stipulate any of this and prohibits early repayment, then in this case, we submit to the bank a statement of intention to make early repayment, and after 30 days we come to the bank with the money. The bank is simply obliged to accept the money that you brought for early repayment.

But there is one “but”:

As a rule, banks set a small limit on the amount they are willing to accept for early repayment.

What causes this restriction (maybe this is not entirely legal, but, nevertheless, it exists in practice). What caused this: let’s say a person brought two rubles and three kopecks to the bank. Bank employees must recalculate the borrower's payment, must accept these two rubles and three kopecks, must draw up a new payment schedule for the borrower, issue it to the borrower against signature...

That is, it turns out that the cost of paper and work itself is more expensive than the amount that the borrower brought in for early repayment.

That is why many banks say that: “Dear borrower, we are ready to accept an amount from you for early repayment, but it is desirable that this amount is not less than...” (5000, 10,000 or not less than the monthly payment).

That is, there are such restrictions in banks.

All. There are no other restrictions.

That is, if you take out a loan from a bank or other credit organization, you don’t have to worry: you have every right to make early repayment of the loan or loan, in whole or in part.

Thank you for your attention.

I was with you, Dmitry Ovsyannikov and the “” project.

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In conditions of high competition between banks, less and less stringent requirements are imposed on borrowers, and almost anyone can afford to take out a loan. However, repaying the loan remains the same responsible matter, and if we are talking about repayment ahead of schedule, then additional nuances arise. In order to pay the bank ahead of schedule on the most favorable terms for yourself, you need to take into account all the nuances of early loan repayment.

Right to early repayment

What is a saving for the client becomes a loss for the bank. Previously, banks charged fees for early repayment, severely limited the amount, and even fined clients for hastily getting rid of debt.

Banks can no longer do this thanks to Law No. 284-FZ, which came into force on October 19, 2011 and amended Art. 809 of the Civil Code. From now on, the right of clients to close loan agreements ahead of schedule is secured. But the best thing is that the norm has a retroactive effect: it also applies to those who managed to take out a loan before the adoption of the amendment.

Banks are adapting to new conditions:

initially set inflated commissions (for example, Home Credit Bank);
establish moratoriums for several months and restrictions on amounts (for example, VTB 24);
charge a commission for recalculating the payment schedule;
deny further loans to borrowers who abuse early repayments (most banks).

Therefore, having a legal right is great, but you need to be able to use it correctly.

Full and partial repayment

Partial repayment

If the client contributes an amount that is significantly higher than that indicated in the schedule on a certain date, but is not sufficient to completely close the debt, then we are talking about partial repayment.

Example. The repayment date under the agreement is October 1, and you still have to pay 6,000 rubles. By August 1, you need to deposit RUB 2,000. on schedule. You can deposit RUB 4,000, ahead of schedule, but without paying off the debt in full.

Thanks to partial overpayment, the amount of the principal debt is reduced. In this case, the bank revises the agreement depending on the repayment scheme:

Annuity schedule (repayment in equal payments) – the amount of further monthly payments is recalculated downward. In this case, the payment is reduced only due to the principal debt; commission and interest are not reduced.
Differentiated schedule (repayment in decreasing amounts) – the loan repayment period is reduced.

Full repayment

If the client deposits the amount necessary to repay the loan long before the agreed date, then we are talking about full early repayment. In this case, the client saves significantly on interest, fees and becomes debt-free. This is possible with both annuity and differentiated repayment. To close the debt completely, you need to calculate the required amount and notify the bank of your intention 30 days in advance, and then deposit the money into the repayment account.

When full repayment occurs, two scenarios are possible:

The bank writes off the entire amount of debt from the account and closes the agreement unilaterally. But the client must still go to the branch and get a certificate of no debt in order to protect himself from possible claims.
Having repaid the debt, the client must write a statement and take it to a bank employee so that he can close the agreement manually.

You can find out what scenario is in effect in a particular bank from the loan agreement, from a branch employee or by calling the hotline.

Early repayment rules

Full repayment ahead of schedule is a procedure that requires attention. All details must be clarified with the bank to avoid misunderstandings.

To successfully repay, you should adhere to the following plan:

Warning. You must notify the bank 30 days in advance. For some banks this period may be shorter. You need to find out from the bank or find this information in the contract about when and in what form to fill out an application for early closure of the contract.
Clarification of the amount. The debt must be repaid in full. If you deposit at least 1 kopeck less, the contract will not be closed.
Payment of debt. In most cases, the early repayment date will be considered the nearest date of the next payment. The bank has the right to collect all interest and commissions assigned for payment before this day.
Control. Make sure the bank has written off the debt in full. Take a certificate confirming the absence of debt under a closed agreement. If we are talking about partial early repayment, then in most cases you can simply deposit more than the required amount. However, you should find out the conditions of a particular bank and adhere to them, and also check the statements after each repayment.

Why should you not abuse early repayments?

If a client too often repays a debt ahead of schedule, sooner or later he will be denied another loan. This is especially true for clients who repay loans 2-3 times faster than required under the agreement.

There is a “grey list” in which banks include clients who do not allow them to earn the desired amount, and in the future this may cause a refusal in any bank. Banks are not required to inform clients about the reasons for refusal, which is why this tool is actively used.

Early closure of a loan agreement is the right of any borrower. But in order to use it with maximum benefit, you need to take into account many nuances so as not to harm yourself. In addition, you should not get carried away with early repayments, so as not to deprive yourself of the opportunity to take out loans in the future.

You can use a credit card to repay

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Video

We invite you to watch useful video material on the topic of the article.

A law adopted in Russia in 2011 established the right of bank clients to repay loans ahead of schedule. Now banks do not have the right to require notification of early repayment of borrowed money and to fine borrowers. In what cases is early repayment of a loan beneficial?

Since 2011, clients have been legally enshrined in the right to repay existing loans ahead of schedule. Previously, banks often prevented clients from doing this: they set commissions, introduced minimum and maximum payments, required notification and even fined payers. Law No. 284-FZ clarified this issue. Now any borrower can repay the loan early without any consequences.

Features of early repayment

Early repayment is beneficial to the client at any stage of the fulfillment of his obligations, as it leads to a reduction in the principal debt - the so-called “loan body”. The fact is that interest on the loan is calculated using a special algorithm, which provides for the total balance of the debt. And the smaller it is, the lower the value of the accrued interest.

Early repayment is especially beneficial with the annuity payment method (in equal installments). For example, Ivanov has a consumer loan in the amount of 300,000 rubles, issued for 5 years at 21% per annum. He pays 8,116 rubles monthly. A year later, he received a bonus of 50,000 rubles and decided to repay his loan with it. His debt balance (excluding interest) before payment was 262,004 rubles, after - 212,004 rubles, and the total payment per month was reduced to 6,564 rubles.

The sooner you manage to make an extraordinary payment, the more the borrower can save on interest, since initially they make up the majority of the payment. But early repayment at the last stages of lending can save some money and finally free the borrower from debt obligations.

If the client has fines and penalties, they will have to be paid separately before making an early payment.

Full and partial repayment

A distinction is made between partial and full repayment. In case of partial repayment, the loan amount is reduced by the specified amount. In this case, two options are possible:

“early payment” is charged at the next payment, then the account must have funds for the next payment + an additional amount;
“early payment” immediately reduces the size of the loan, then the amount of payments is recalculated, and on the payment day you will need to pay a smaller amount.

How exactly the loan will be reduced in case of early repayment is discussed in the contract.

Upon full repayment, the client pays an amount equal to the balance of the “net” debt plus interest accrued for that month. For example, the loan amount is 240,000 rubles, and the monthly payment is 8,000 rubles, of which 3,500 are interest. This means there should be 243,500 rubles in the account. You can view the balance of the debt and interest in the payment schedule and plan in advance how much money you need to deposit into the account.

If the loan is repaid in full ahead of schedule, you must remember to get the appropriate certificate from the bank, otherwise unpleasant incidents are possible when the bank suddenly “remembers” about the unpaid 2 kopecks and charges a penalty on them.

How to make an early repayment

The algorithm for early repayment - full or partial - depends on the terms of the loan agreement. But, as a rule, it is like this:

The client must notify the bank about the upcoming payment (usually a period of at least 2 weeks is set, but some banks allow the debt to be repaid at any time and without prior notice);
On the day of the next payment or any arbitrary day (as established by the agreement), deposit the required amount onto the card or account;
Fill out an application for loan repayment;
Wait for the funds to be written off and receive a new payment schedule or a certificate of full repayment of the debt.

Each bank sets its own rules for early repayment. For some, it is enough to have the required amount on the card or account (for example, deposited through an ATM or transferred by interbank transfer), while others require cash to be deposited through a cash desk.

The most progressive banks have generally provided the possibility of early repayment of debt online, for example, without visiting a branch and filling out an application. To do this, it is enough to have a comprehensive service agreement and know the details of the card or account from which the funds are debited.

Technical limitations of this method of debt repayment lead to the following:

funds can be written off only on the day of payment, and not on any arbitrary day;
the size of the extraordinary payment cannot be less than the regular one (i.e., you need to repay in an amount at least 2 times more than the regular payment).

However, programmers are gradually getting around these restrictions, and it is quite possible that soon the possibilities of early repayment will be practically unlimited.

Other banks - for example, VTB 24, and a number of others - provide the possibility of early repayment through an ATM. But this only works if the funds are debited from the card. In order for the program to “understand” that it needs to write off money for early repayment, this must be indicated directly when making the payment.

At the same time, there are restrictions on making the maximum payment amount through an ATM, usually 30–50 thousand rubles. If you need to repay more, you will have to contact the branch.

Reduced payment or shortened term

Often, banks do not leave their clients an alternative and only offer a reduction in the monthly payment for early repayment, while it is possible to shorten the term of the loan agreement.

Which of these is more profitable?

If we talk purely psychologically, then reducing the payment looks quite attractive: the monthly burden on the budget is reduced, and the client frees up free funds that he can spend on increasing the amount of early repayments. In a situation where loan payments account for a significant portion of expenses, this remains the only opportunity to free up some funds.

However, mathematics says that from the point of view of saving on interest, it is more profitable not to reduce the amount of early payments, but to shorten the term of the contract.

Let's explain with an example. Petrov took out a loan in September 2016, the loan parameters are as follows:

payment amount – 9,175 rubles per month;
overpayment – 200,204 rubles (57.2% of the debt amount).

Let’s say that after a year Petrov had 50,000 rubles available, which he decided to spend on early repayment of the loan. If he chose to reduce the monthly amount, then the new loan parameters will be as follows:

payment amount – 7,664 rubles (1,511 rubles less);
overpayment – 177,901 rubles (50.8% of the debt amount).

If he chooses to reduce the loan term, the numbers will be different:

payment amount – 9,175 rubles (same);
overpayment – 150,326 rubles (42.95% of the debt amount).

Thus, there was a significant saving on interest - 27,575 rubles remained in the pocket of the bank client. In addition, with a shorter term, the loan will be repaid in November 2020, while with a reduction in the payment amount, the end of loan obligations will occur only in September 2021, i.e. the borrower managed to “save” almost a whole year!

Naturally, banks do not like to shorten lending terms, since they lose a large part of their profits, and in most cases they do not inform borrowers about this possibility at all. By the way, with differentiated payments (with a gradual reduction in the size of the monthly payment), reducing the term is even more profitable.

What to choose in the end is at the discretion of the borrower, and the choice should be based on current circumstances. Sometimes reducing your debt load is simply necessary, and then you should prefer this method of early repayment.

There is an opinion that with long-term lending - for example, a mortgage, it is best not to shorten the term, but to reduce the monthly debt burden, since over time inflation will already devalue a significant part of the payment, and it will become easier to fulfill your obligations.

What to pay attention to

Before you start early replenishment, you must carefully read and familiarize yourself with the rules. So, sometimes banks introduce the following restrictions:

on the day of early repayment;
for the minimum repayment amount - usually it is equal to the standard payment;
on the payment method, etc.

If the contract specifies any fees or penalties for early repayment, then they are illegal. You can challenge their existence in court.

In case of partial early repayment, do not forget to obtain a new payment schedule. It must be certified with a round seal and the signature of the employee responsible for lending. Even if there are 1-2 payments left, this schedule should still be drawn up. Make sure that the date for making the next payment is not lost, otherwise you may be late.

Before applying for “early term”, make sure that there is a sufficient amount in the account. It’s better to put it in advance and not leave it for later: anything can happen - you forget or the ATM won’t work.

If the bank allows early repayment on any day, then it can write off all funds deposited on the card as soon as it receives your statements. And then on the day of payment there will be 0 rubles in the account, and this is fraught with delays and penalties. Therefore, immediately before the regular payment due date, please ensure that there is sufficient funds in your account.

Thus, early repayment of a loan is a real way to save your own money on interest payments. The right to “early payment” is enshrined in law, and the bank cannot create obstacles to this. Significant cost savings can be achieved by shortening the term of the loan agreement. But in some cases, a reduction in the monthly payment amount can be used to reduce the credit load. Before making an early payment, you need to make sure that after the funds are written off, there will be a sufficient amount left in the account to service the debt. If you closed the loan completely using repayment, do not forget to get the appropriate certificate from the bank.

When the opportunity arises, credit borrowers try to get rid of the debt burden as early as possible. Or at least weaken it. But how does early loan repayment work? This procedure is legally regulated by two acts. These are federal laws No. 284 of October 19, 2011 and No. 353 of December 21, 2013. As well as articles No. 809 and No. 810 of the Civil Code of the Russian Federation. First of all, it should be said that those clients who took out a cash loan not for business purposes can repay their credit debt before the deadline specified in the agreement. That is, this is a consumer loan, mortgage, car loan, but in no way a loan for opening and/or developing a business.

Frequently asked questions regarding early loan payments

Early payment with legal entities is negotiated on a strictly individual, special basis. In principle, now many banks are only happy when the client pays off the debt ahead of schedule. Previously, financial organizations did not welcome such actions and even imposed fines. Federal Law No. 284 legislated the right of bank clients to pay their loans in advance. Until the loan is completely closed. In addition, the current crisis has put short-term loans in first place. Organizations in an unpredictable economic environment strive to get what they deserve from the borrower as soon as possible - and that’s all.

Therefore, Sberbank, Gazprombank, Rosselkhozbank and others are doing their best to accommodate such borrowers. However, this does not mean that the borrower can no longer face bank pressure when trying to pay early. Some bank will establish a six-month moratorium on early payments. Another will take a commission for recalculating the remaining part. But in this situation, the law is on the side of the borrower - this should be remembered. What questions do borrowers most often have about early loan repayment? So:

Can a bank prohibit the leveling of credit debt before the full repayment period specified in the agreement? No, he can not. Every client has the right at any time to express a desire for preventive payment of a loan and to implement it. The amount of such advance payment for early repayment of a loan or part of a loan is also completely determined by the borrower himself. The only exception is . If the borrower violates his payment obligations, his money will immediately go towards paying the missed installments and penalty interest. And only then can the remaining funds be used to repay the loan in advance.
Is the service of full loan repayment before the main term free of charge? The basic conditions for early loan repayment are common to all public and private banks. A financial institution does not have the right to charge any additional interest or fees for early payment of a loan.
Quite often, a banking agreement immediately contains a clause that stipulates the client’s ability to deposit any amounts in order to quickly pay the bank.

The client has the right to pay early for the loan in part or in full, regardless of the amount of the loan being repaid and how much time is left until the loan is closed as specified in the agreement. If we are talking about partial early repayment, then the bank must make some recalculation of the loan debt.

Rules and restrictions

Although the client is relatively free in terms of early repayment of debt, there are still some restrictions:
if the borrower decides to deposit a certain amount in advance, the bank should be notified about this - preferably with a written statement, but you can leave a request in the online office or call the call center;
and this must be done 30 days before the payment of the unplanned contribution. Although the rules for early repayment of a loan are flexible, and according to paragraph 2 of Article No. 810 of the Civil Code of the Russian Federation and part 4 of Article 11 of Federal Law No. 353, the warning period can be arbitrarily reduced. It is not uncommon for a loan agreement to specifically indicate a period from the moment of application until the moment of early closure of the debt, which the client must comply with;

Changing credit conditions and a practical example

You should not mix regular and unscheduled loan installments. When a person who has taken out a loan decides to deposit some amount in excess of the required amount, then on the day of the regular payment, the money must be paid for this same monthly payment, taking into account annual interest. After the funds are transferred to the bank, a situation will arise when:

the amount of payments made monthly will decrease, but the loan period will not change;
the time until the bank loan is completely closed will be reduced, and monthly payments will remain the same.

That is, it will be necessary to recalculate the loan in case of early repayment. Usually, the bank client himself chooses the more suitable option for himself. Nevertheless, the bank, for its part, may insist on some option. So, if the periodic loan payments under the agreement are annuity (uniform), then the bank is inclined to the option of reducing the size of monthly payments. If payments under the agreement are differentiated (gradually decreasing as they are repaid), then the bank may begin to insist on reducing the lending time. It is worth giving a simple example. The borrower takes 100 thousand rubles for one year. In a year, the total amount that he must return to the bank will be 120 thousand rubles, i.e., taking into account interest - 20 thousand rubles. Accordingly, the monthly contribution will be equal to 10 thousand rubles. It will cost approximately 8,350 rubles to level the loan body and 1,650 rubles - this is 1/12 of the annual interest (error up to 100 rubles). Let there be a situation of partial early repayment.

The borrower pays according to schedule for the first two months, and in the third month he decides to contribute an additional 30 thousand rubles. Consequently, in the third month 40 thousand rubles will be paid (together with the monthly payment). Plus 20 thousand rubles for the previous two months. In total, after partial early repayment, the client will still owe the bank another 60 thousand rubles (120 thousand - 60 thousand). If the borrower did not contribute anything additional, he would have to pay another 9 months of 10 thousand rubles. Now all that remains is to pay an additional 60 thousand rubles, which, with unchanged payments, will close the loan in 6 months. Or divide 60 thousand by 9 months, and with the same loan period you will have to pay monthly not 10 thousand rubles, but 6,666 rubles.

It should be noted that the calculation here was carried out at ANNUAL percentage. That is, the amount that the borrower owes the bank in any case for taking out the loan was calculated in advance. Or it could be that the client took the same 100 thousand rubles and the same for a year, but interest is calculated month by month on the monthly payment. For example, 20% of 8,333 rubles (100 thousand rubles divided by 12 months). In total, the loan will be repaid again at 10 thousand rubles per month. But in case of early repayment, the deposited amount will be deducted only from the loan body (100 thousand rubles). Consequently, in such conditions you can save a lot on interest. By the way, this is why other banks resist early repayments. And they can even add such a zealous client to the “gray list”.

The attentive reader will notice that when calculating some figures there will be a discrepancy of one or two hundred rubles. Numbers here have been rounded for convenience and clarity. After all, as a rule, with recalculations and early payments, uneven figures are obtained “with pennies”. For example, the amount of the basic regular contribution is 10,552 rubles and 50 kopecks. And the client has 30 thousand rubles on hand. So, it is better to indicate that the amount of early repayment is not 19,500 rubles, but 19,400 rubles. Because the bank will first withdraw money for the monthly installment, and only then for preventive repayment. And if the figure turns out to be less than what the borrower indicated in the application, then this money will simply go to the bank account linked to the loan.

And they will film from there according to the usual schedule. The same thing can happen if a bank client simply deposits money into his credit account without any notification to employees of his intention to pay the institution earlier. A similar situation will arise if the borrower is late to transfer additional funds to the bank. It is best to deposit money for early repayment of a bank loan on the eve of the date on which the regular monthly loan payment occurs. It must be taken into account that if the borrower’s financial resources simply go to his credit account, returning them is a very long and tedious procedure, which often does not even make sense to start. Therefore, accuracy and punctuality must be observed.