The loan is overdue for more than a year, what should I do? Overdue loan

The statistics are inexorable. According to the Bank of Russia, as of January 1, 2020, overdue debt on loans to individuals amounted to 754 billion rubles . Sociological surveys have shown that for every 5 Russian families this problem is very relevant.

I'm an expert on financial matters magazine “Papa Helped”, I propose to talk about credit delinquencies in more detail.

From this article you will learn:

• what is loan arrears;
• what it is like;
• What happens if you default on your loan?

At the end of the publication I will answer the most common questions on the topic. Join us!

Overdue loan debt - what is it, what kind of overdue is acceptable

Overdue loan debt, colloquially “delay”, is the borrower’s failure to pay one or more monthly payments.

I often get asked the same question: “What kind of delay is acceptable?” I clarify: “Acceptable for what?”

If you mean a negative impact on the borrower’s credit history, then the answer is none. Even one overdue day will be reflected in the dossier.

If restructuring is planned, then delay is not a hindrance. Moreover, some creditors only restructure overdue obligations.

But if you want to refinance current loan, then the presence of overdue debt will not allow this to be done. Banks do not refinance problem loans.

Types of delays - reasons and deadlines

Delays are conditionally classified depending on the period for which payment is delayed credit obligation.

On this basis, 4 types are distinguished:

• minor - up to 3 days;
• medium-term - 10-30 days;
• problematic - 30-90 days;
• long-term - more than 90 days.

Delays can also be divided into 3 categories, depending on the reasons that led to them:

There was a delay. What to do? keep my little step by step instructions to help!

Step 1. Analyze the possibilities for restoring your solvency

First of all, don't panic. Think about whether you will be able to improve your financial situation and restore solvency in the near future.

First, clearly define the reason for the decrease in income. Then outline the directions for its improvement.

Step 2. Ask the bank for debt restructuring

If the difficulties are temporary and there is a real opportunity to solve them in the next six months or a year, then it makes sense to ask the bank for restructuring.

Restructuring— change, mitigation of conditions on an existing loan obligation.

It requires good reasons to carry it out.

These include:

• long-term illness;
• disability;
• dismissal at the initiative of the employer (reduction of staff, liquidation of the company);
• conscription for military service;
• decree.

Step 3. Look for other sources to close the arrears

For some reason, the bank refused to restructure. We are looking for other ways to clear overdue payments.

It could be:

• sale of expensive property;
• renting out a vacant apartment/house/cottage;
• part-time job;
• financial assistance from relatives, etc.

Step 4: File bankruptcy

If the situation is difficult. The debt is unbearable. The delay is growing like a snowball. There is nowhere to wait for help. Consider filing for bankruptcy.

Bankruptcy is a last resort, but sometimes it is the only chance to get out of a debt hole. Thanks to him, you will get rid of all debts and constant stress.

It is worth remembering that bankruptcy entails some not very pleasant consequences and restrictions:

• over the next 5 years, in case of applying for loans, it is necessary to inform the potential creditor about the completed bankruptcy procedure;
• For 3 years after bankruptcy, a citizen does not have the right to be the head of any legal entity and/or its founder;
• If necessary, a bankrupt citizen will be able to apply for repeated bankruptcy no earlier than after 5 years.

At the same time, after completing the bankruptcy procedure, a citizen is not prohibited from:

• acquire property, real estate ownership;
• travel abroad;
• get a well-paid job.

Previously, I already wrote a detailed article-instructions about on our portal.

If the bank sues

We were unable to resolve problems with loan repayments on time. The case went to court.

There are several solutions to this problem:

1. Independently represent your interests in court;
2. Seek legal advice;
3. Hire a lawyer.

In the first case, with 100% probability, the bank will win the case and will be able to recover everything in full from the defendant. Hardly without special knowledge you will be able to competently confront a lawyer - a representative of the creditor bank.

The lawyer will assess the prospects of the case for you and propose a plan for further action. However, even after receiving advice, not every borrower will be able to correctly use the information received in court.

A professional lawyer will not only check the validity of the claim and all its nuances, but will also certainly find ways to reduce the amount of the stated claims and, if necessary, obtain consent to defer payment.

You can get a free legal consultation here.

Example from life

The bank recognized Natalya as a willful defaulter and filed a lawsuit, demanding full repayment of the balance of the debt and accrued penalties. The borrower hired a lawyer to protect her interests.

The lawyer, having familiarized himself with the case materials, discovered that the creditor violated the order of writing off payments when they were insufficient to fully fulfill the current obligation.

Upon receipt of money, the bank first wrote off interest, not only urgent, but also overdue, thereby violating the procedure provided for by the Civil Code of the Russian Federation, underestimating the amount to pay the loan body. This, in turn, led to an increase in debt and a worsening of the already difficult financial situation Natalia.

Having challenged this fact, the lawyer managed to get the amount of the claim recalculated, reducing it by 74,562 rubles.

What to do if the bank sues you, watch this video:

What to do if you have nothing to pay the loan

Before applying for a loan, any sane citizen calculates his options for further servicing it. However, you can do arithmetic for as long as you like, but life can make its own adjustments. Unfortunately, they are not always what we would like.

No one is immune from job loss or health problems. As a result, a decrease in income and problems with loan repayments.

If you find yourself in a similar situation, the first thing you need to do is contact a lender. The bank is no less interested in timely payment of debt than you are.

My friend Maria worked as a department head in one of the banks in Kazan for more than 10 years. A high income and a prestigious position opened up access to loans not only from one’s own bank.

Like many Russians, the girl made large, expensive purchases with borrowed money. This made it possible not to save for the right thing for many years, but to immediately become its owner, without seriously infringing on oneself.

And everything would have been fine, but one day the employing bank’s license was revoked. Masha was left without work. It turned out to be impossible to quickly get a similar position with a decent salary.

Cash reserves ran out in a couple of months, and 2 loans with a total payment of 54,300 rubles need to be paid.

The borrower applied for restructuring in the form of a credit holiday. The lender agreed, providing a full deferment of 12 months. Maria now has time to look for work and improve her financial situation.

If the lender does not help, we look for wealthy relatives/friends who want to come to the rescue.

The option didn’t work, but the delay is growing? Go to lawyers who deal with bank debts. A good specialist will help you completely write off debts, remove property from seizure, and save you from dealing with debt collectors.

Lawyer for overdue loans - helping debtors write off debt

A bad loan lawyer is sometimes the only real option for insolvent debtors. With its help, debt optimization is carried out. In agreement with the service bailiffs a comfortable payment to pay off the debt is calculated; in particularly difficult cases, the borrower’s bankruptcy procedure is carried out.

It is important to find real professionals.

The company has not lost a single bankruptcy case. Operates in 51 Russian cities. There is an interest-free installment plan for payment of services up to 1 year.

With its help you can:

• write off debts completely;
• forget about collectors;
• obtain protection from bailiffs;
• legally reduce the debt to the lender.

FAQ

Questions about credit arrears come to Papa Help magazine almost every day. I offer a selection of answers to the most popular ones received last week.

What is the statute of limitations for an overdue loan?

By current legislation- 3 years. The countdown begins from the moment the bank learned about the delay.

Important! Term limitation period there will be a different one for each late payment.

Let's say there is a loan that is overdue for 5 months.

If there was a delay on the loan, when can I get a new one?

Apply for new loan you can at any time. However, the likelihood of its approval depends on credit policy individual creditor. The majority of borrower applications credit history whose delays are reflected are rejected.

Will they give installments if there are overdue loans?

As practice shows, they won’t give it. Fact credit arrears characterizes a person applying for an installment plan as unnecessary and irresponsible. Lenders do not want to take risks and in most cases refuse.

How to correctly calculate the balance on an overdue loan?

Doing the calculation yourself is very problematic. The balance of debt on an overdue loan, as a rule, includes not only the remaining principal amount and interest, but also penalties, fines, and penalties that the bank charges for late payment.

In addition, when making such calculations, you should know the order in which incoming payments are written off. Money for an overdue loan obligation:

• 1st stage - the creditor's costs for debt collection;
• 2nd stage - urgent interest on the loan agreement;
• 3rd stage - principal debt;
• 4th stage - overdue interest;
• 5th stage - penalties for the creditor.

Usually, in addition to the principal amount and monthly interest borrowers do not have actual data on other components of the full amount debt obligation, which means they cannot carry out the necessary calculations.

How to get rid of debt collectors and overdue loans?

The simplest thing is to close the problem loan completely. If this is not possible, I advise you to negotiate with debt collectors on an acceptable installment plan for paying off the debt.

If the situation is catastrophic, initiate your bankruptcy.

Advice!

Do not delay solving the problem, seek legal support from verified law firms , specializing in overdue loans. Believe me, your costs for paying for services will pay off handsomely. You will not only get rid of the problem loan, but also save time and nerves.

Does one day of delay on a loan affect your credit history?

Any delay affects your credit history. Information about the fulfillment of a loan obligation (about its repayment (full or partial), delays (regardless of the amount and number of days), etc.) is immediately sent to the credit history bureau.

This obligation is imposed on banks by the legislation of the Russian Federation (218-FZ of December 30, 2004 “On Credit Histories”).

Will they be allowed to go abroad with an overdue loan?

They will be released, but only if the bailiffs do not issue a decree prohibiting departure. A temporary restriction may be imposed if the debtor fails to comply with a court decision to repay a debt in an amount exceeding 30,000 rubles within the period established for voluntary repayment.

Bailiffs can independently impose a restriction even with a debt of 10,000 rubles, if the borrower has not repaid it, and from the moment of expiration deadline More than 2 months passed for the voluntary execution of the decision.

Important Takeaways

What happens if you default on your loan? There will be penalties, fines, calls from the creditor or collectors, damaged credit history, court, enforcement proceedings with all the ensuing restrictions.

As you can see, arrears on a loan are, to put it mildly, an unpleasant thing. However, the problem can be solved. The most important thing is not to put it off for too long.

As soon as you realize that you are about to become overdue or already have one, run to the bank and ask for help. The lender has a resource for this - restructuring. But remember: for it to be carried out there must be compelling, documented reasons (you were subject to staff reduction, loss of ability to work, etc.).

The bank won't cooperate? Tease relatives/friends, ask for help. Look for alternative sources of income: rent out your home (if you have one), find a part-time job, sell property you don’t need, etc. Try all available options.

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 so as not to earn more? big 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.

Loan for which payments have not been received specified period. Late payment on a loan is a direct violation, which usually includes consequences: fines, penalties.

Overdue loans are often reflected in, which negatively affects the issuance of subsequent loans. As you know, lenders prefer to carry out transactions with responsible people rather than take risks. After all, the higher credit risk, the worse the lending conditions. This is also increased interest rate, and loan restrictions by amount, time.

Banks, and many private lenders, use funds from deposits (deposits of individuals and legal entities), i.e. act as both debtors and creditors at the same time. A high number of overdue payments may cause a situation where the lender cannot pay its own obligations.

Non-performing loans usually occur due to:

• Poverty, lack of funds for essential goods combined with loan repayments. If financial resources If there is not enough for essential goods - food and clothing, the debtor may decide not to pay the loan. In the case of a secured loan, there should be no problems - you need to come in and decide how the security will be realized, etc. If - the creditor has the right to draw up a case and send it to court. Sometimes a loan restructuring may be proposed - payment in smaller installments, but over a longer period of time, payment of interest, and the loan after some time. Undoubtedly, a positive moment for the debtor will be that the lender did not take into account real income and expenses, did not leave living wage after part payment . Court outcomes can be different - more often, of course, in favor of the creditor. For example, confiscation of any property, forced repayment from wages. Often the court accommodates the borrower halfway - it helps to find a compromise for payment (restructuring, seeking benefits, reducing the amount of penalties...).
• Dismissal from work, loss of income to pay off the loan. In such a case, both the creditor and the court can contribute by restructuring the debt or assigning the so-called. "credit holiday" (" credit holidays»). This concept involves deferring payments for up to several months, when you only need to pay the balance of the debt. This, in most cases, helps the borrower solve temporary financial difficulties. For example, find a job or another source of income.
• Injury at work, injury... These reasons are valid, creditors often make contact - improve conditions for repayment, restructure, etc. The court can also cooperate, but the loan must definitely be repaid, one way or another.
• Death of the borrower. Of course, payments stop until the case is considered in court, at which the property is transferred to the heir. And in judicial procedure the procedure for loan repayments will be agreed upon. Or the property of the deceased will be sold at public auction. And the proceeds will be used to repay part or all of the amount.
• Negligence of the borrower. If the debtor is not responsible, he may simply miss the loan payment date. Upon notification from the lender, such borrowers often pay the loan immediately, plus late fees. Sometimes this may be reflected in your credit history, sometimes not. In fact, this delay is insignificant and does not harm the interests of the lender.
• Temporary circumstances. These often include: delays in wages, late payment of dividends, late payment of rent. In addition, there are often cases when payment occurs ahead of schedule, and the funds are credited a day or two later. Such situations usually do not go to court. And they are resolved between creditor and debtor on an individual basis. Often such situations are reflected in the loan agreement.
• Various other circumstances. This could be theft, fire, illness of a relative, etc. Such cases are undoubtedly considered on an individual basis, and, depending on the severity of the factors affecting the debtor’s solvency, help to reach a consensus with the creditor.

No reason allows the debtor not to pay the loan. Every penny received from the lender must be returned in full and with interest. In rare cases, the lender decides to “sacrifice” the interest or part of it; in very rare cases, it decides to forgive part of the borrowed funds.

The procedure for collecting bank loans is usually the same:

• A few days after the delay occurs, bank employees begin calling to clarify what caused the debt, find out when the borrower will start paying and report the penalty.
• If payments do not arrive, the debtor may be offered a change in the terms of the loan - restructuring. Or defer payments for a while, obliging you to pay only interest on the balance.
• When this number does not work, collectors (people who make money by collecting debts from problem borrowers) may appear. They can come to work, home, call relatives...
• Finally, if the collectors fail, a case is drawn up and sent to court.

Sale of obligations

Non-performing loans are often transferred or sold to other banks, creditors or special collection (debt) agencies. The cost of sale depends on the time of delay, the debtor's solvency rating and other factors.

After 90 days, the case can be sent to court, which in 99% of cases takes the side of the creditors. Of course, if the borrower's circumstances are extenuating, the court may try to find a compromise. Then the lender will not be a disadvantaged party, and it will be easier for the borrower to repay the loan. If a compromise is not found, the collateral (if any) or other property of the borrower is sold. If there are not enough funds for repayment, the borrower’s funds are blocked in the bank’s accounts, or part of the income is redirected to pay off the loan. Of course, court services paid by the debtor are added to the loan amount, interest, fines and penalties.

When taking out a loan, you need to take into account not only the usual loan payments, but also unforeseen situations. For example, if a debtor is fired from his job, how will payments be made, will he be able to pay? If not, then what is he willing to sacrifice in favor of the creditor? Will it be possible to sell something profitably on the side or offer it to the creditor as payment? Of course, there are unforeseen situations. And the most reasonable thing for him would probably be to disclose all the circumstances to the creditor or collector. And try to find a compromise in which payments will continue, albeit not in the usual manner.

If it is not possible to pay the loan, we advise you to contact the lender before the payment deadline to find an option that suits both parties. If the deadlines have already passed, the conversation on the part of the lender will be tougher, because one of the principles of lending has been violated -.

What to do if the loan is already overdue and bank employees call or come?

Over the phone or during a meeting, you need to explain what the problems are and try to find a compromise. In the best case, agree on restructuring or refinancing (issuing a new loan to repay the old one on easier terms). Or say when it will be possible to pay, hearing in response the amount of penalties caused by the delay.

If the bank's penalties amount to an excessive amount and conversations are useless, perhaps waiting for a trial is the best option. By law, fines can amount to an amount similar to the damage incurred. Quite often in court, the amount of the penalty can be reduced to a small amount plus the usual credit interest.

It must be remembered that many details of the transaction are described in the loan agreement. You don’t want to go to the bank, but you don’t have money for a lawyer? It is worth opening the contract and reading it carefully. Perhaps the situation is described verbatim.

Delinquency on a loan does not bode well for the debtor. But to figure out how serious the consequences will be, it’s worth knowing the type of debt. Overdue loans have their own types and characteristics. What are they and what to do if this or that debt arises? Let's figure it out.

By overdue loans, banks mean the wording specified in Article 395 of the Civil Code of the Russian Federation. That is, this is money that was not returned to the creditor on time. Even if its term was only a couple of hours from the payment schedule. The only thing is that the “severity” of the delay and its “expiration date” in the credit history will be different depending on how long the borrower is overdue for payment.

Penalties for late

Depending on the situation and the conditions specified in the loan agreement, the bank may impose various penalties for late payments. They clothe themselves in material form. There are only two types of such punishments:

Fine. This is a one-time payment in a fixed amount for violation of lending rules. It is charged for each delay. For example, if the borrower has paid four times late, he must additionally pay four fines.

Penya. This is a type of fine, but differs from it in two criteria. First - daily accrual. Secondly, the amount of the penalty is considered to be a certain percentage of the amount owed by the borrower. The amount of the penalty is usually specified in the contract. If not, then its size is regulated depending on the rate of the Central Bank of the Russian Federation at the time of accrual (according to Article 395 of the Civil Code of the Russian Federation).

Important clarification - a fine or penalty cannot be imposed on existing fines or penalties.

Each bank is free to set its own fines and penalties for late payments. And this must be specified in the loan agreement.

In addition, some banks may further worsen loan conditions - for example, raise the rate for late payments. And in the future you will have to pay more, because the amount will be higher due to the increase in interest.

Technical delay

This type of delay is associated with the technical capabilities of the bank. In some cases, payment information does not reach the bank on time. This occurs due to technical glitches. In such a situation, the money may either return to the payer’s current account or be late reaching the bank.

This concept does not include delays when the client, knowing that the money can go, for example, before three days, sends payment at the last minute. Since this is not the bank’s fault, the debtor himself missed the deadlines, being irresponsible about the timing of delivery of funds.

To avoid technical delays, it is important to take into account everything possible options. That is, send money in advance - at least two or three days before the deadline specified in the contract. At the same time, it is advisable to periodically look at your current account to see if the money has been returned.

How to challenge a technical delay

It is possible to challenge fines and penalties for technical reasons. If such a delay has already occurred, a payment receipt will help convince the bank - at least a banal receipt from an ATM or a screenshot of a confirmed transaction if the payment was made through online banking. But you will have to ask for the cancellation of a new entry about a delay in your credit history separately. It will be necessary to send a written request to the bank with this request, and it will already have to forward official request at the Credit Bureau.

Read also:

Limits on cash withdrawals from plastic cards Sberbank

Minor delay

This type of delay occurs when the borrower tries to do everything at the last moment, including paying off the loan. If you pay at the last moment, the money may not reach the bank right away. As a rule, the system processes such payments within three business days.

In some cases, banks may forgive minor delays. It is worth clarifying this point with the operator or manager when concluding the contract.

There is a chance that the payment will take longer to process than expected in certain situations:

• when paying through a cash desk or ATM of another bank;
• when depositing money on weekends or holidays;
• when paying outside of working hours (from 18:00 to 08:00).

Typically, minor delinquencies do not affect your credit history. But only if they don't happen all the time. If the borrower allows himself to constantly delay payments, then the bank will definitely enter information about him. Even if he is loyal to short-term delays.

Situational delay

This is a common delay of more than three days. It clearly does not happen all the time and, as a rule, occurs due to unforeseen circumstances (delays in salary, sudden illness, and so on).

You can try to reach an agreement with the bank by sending them a written request explaining what exactly happened. It is important to support the explanation with relevant documents - for example, sick leave. In such a situation, some banks may accommodate the client not to complain to the BKI, and also not to impose fines or penalties.

But it is worth remembering that in a situation where the client managed to miss the payment deadlines and did not repay the debt within 14-30 days, he will no longer get away with a fine and adding the delay to his credit history.

Problematic delay

Next stage " evolution» situational delay is problematic. This status is assigned to it when the client does not find money to pay off the debt in more than 30 days.

In such a situation, it is almost impossible to do anything other than pay off the accumulated penalties, fines and debts as quickly as possible. You can try to negotiate a restructuring with the bank and provide all the documents about the deterioration of your financial situation, borrow money from friends and acquaintances, and so on. In some cases, banks can provide so-called credit holidays - freeing the client from payments for a couple of months so that he can save up money.

If the bank owns any collateral, then it has the right to start selling it at this stage in order to compensate for losses and get its money back.

If a problematic delinquency has already occurred, the main thing is to find the money as soon as possible and by any means (with the exception of microloans - you won’t get away with it) and repay the debt.

At the stage of problem debt, if the client does not want to actively help the bank in repaying the debt or even hides from the creditor, collectors come into play. The bank can sell them the debt for some part of its size, and then a third-party organization will deal with the repayment of the loan. In what ways - history is silent.

Read also:

Paying off your mortgage early - rules and tips

Long-term delay

Occurs 90 days after the date of delay. At this point, the bank already has the right (and, most likely, will use it) to go to court to collect money and fines. Provided that he did not sell the debt to collection agencies.

Long-term delinquency has the greatest impact on your credit history. Most banks will simply refuse to cooperate with a client who has defaulted on a loan for 90 days or more.

There are two types of long-term arrears: doubtful and hopeless. But in any case, such a situation does not bode well for the debtor.

Doubtful

It is considered such when there is something to take from the debtor - they will try to seize the property and sell it to pay off the debt for enforcement proceedings, and part of the salary should be withheld. In this case, the debtor, as a rule, maintains contact with the bank or, at least, does not run from the courts and bailiffs. Perhaps he has nothing at all. But it may appear in the near future.

In some situations, the delay may become hopeless even after being assigned the status of doubtful. In any case, the best way out of the situation is to sell something unnecessary and finally pay off your debts. Otherwise, neither the bank, nor the bailiffs, nor the collectors will leave the debtor alone, unless he wins a lawsuit with the creditor (which is unlikely).

Hopeless

If the debt is considered uncollectible, the bank writes off the money spent on the borrower. A debt can be made bad by declaring individual bankrupt if he has a loan of more than 500 thousand rubles. In this case, it must have property for a smaller amount than the loan amount, or not have it at all. Moreover, in the case when the debtor has some private property left, it is usually sold and the debt is partially repaid. In addition, if the bankrupt is working, then his superiors are notified of the employee’s new status. And now it will be obliged to transfer wages to a separate account.

Bankruptcy has quite a few not very pleasant consequences - a ban on leaving, buying or selling property, inability to use accounts and plastic cards and so on. So it’s better not to lead to such a situation.

Consequences of delay

In addition to financial punishment, there will also be a greatly delayed punishment - a damaged credit history. All late payments are noted not only by the bank, but also in it. And in the future, due to the quantity and quality of such problems, any bank that looks at the credit history will decide whether to issue a loan to the client or not, and if it does, then at what percentage, is it too high?

Of course, this will not affect those who do not intend to take out a loan in the future. But for those who often apply for a loan, this can seriously prevent them from getting the money they want.

How long does arrears last in a credit history?

The fact of delay is always reflected in the credit history. But it is significant for the lender only for some time. It depends on the type of delay and its duration. There are two types of delinquencies in a credit history:

1. Active– when debts have not yet been repaid or written off due to bankruptcy. They completely block access to any bank loans.
2. Closed– if the debt has been repaid, but the statute of limitations has not yet passed.

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

A person may be convinced that he will repay the loan on time, or simply rely on chance, but life circumstances may not be in his favor, and the repayment deadlines may move further and further away from the loan payment date - depending on the “severity” of these circumstances. As a result, the loan becomes overdue. How does it threaten the borrower and what should he do in this case? What consequences may it have depending on the term of the overdue debt on the loan (loan)? You will find the answer to these questions in our article.

Minor (technical) loan overdue: from 1 to 5 days.

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

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

Such small delays in payments pose virtually no threat to the borrower, but only on the condition that this is the first violation, and with the proviso that this applies to the bank with which he has a loan agreement. The point is that the bank, in accordance with the law on credit histories, will send information about the fact of repayment of the next payment to the credit history bureau (BKI). And it doesn’t matter if 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 the next loan, then credit institution will definitely request his “credit dossier”, or will be calculated based on his CI data. And how a potential creditor will react to these minor “sins” is unknown to anyone except him.

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

The bank spends its money on such reminders and will definitely not turn a blind eye to deviations from the terms of the agreement. For overdue loans, even minor ones, the bank will charge a penalty or fine. A penalty in the form of a percentage of the amount 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 to prevent clients from making minor delays (it usually stings more painfully). Moreover, some banks increase the amount of the fine for each fact of delay in loan repayment. You don’t have to run far for an example - Tinkoff Bank charges exactly these fines on its credit cards. By the way, take a look at a very informative article about.

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

Often loan agreements may contain clauses on 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 issued, but precedents exist.

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

• carefully study the loan agreement and not violate the payment schedule;
• have an understanding of fines and other penalties;
• develop the habit of making monthly payments 2-3 days before the payment date and choose those bank partners from whom the transfer will arrive instantly or within a business 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 email/call your lender and describe your still minor problem.

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

The cause of “situational” delay may be various unforeseen circumstances. Often, borrowers do not repay payments for reasons beyond their control: delays due to wages, business trips or departures for personal reasons, sudden illnesses, unplanned expenses, etc. All of these are partly force majeure reasons that force the client to break the “rules of the game.” As a rule, there is no fraudulent intent here; people simply do not have “free” money or time at the time of the repayment date. Or they set priorities in such a way that payments to the bank are relegated to the background (after all, they need something to eat).

With such periods of overdue loan debt, banks begin to bother the debtor more actively. Employees of the credit department are involved in working with debtors. Their responsibilities include monitoring the timely payment of the loan and other related payments (insurance, fines, etc.). Specialists contact the debtor by telephone in order to inform the borrower about the presence of overdue payments, determine the reasons for non-payments and clarify the timing of debt liquidation. Usually such calls are made at least once a week.

This approach is not typical for all banks. If no one is bothering the borrower, then you should not hope for chance - the credit department simply could not get around to the debtor, and sooner or later they will take care of him. Again, we must not forget that the outstanding amount is already subject to a penalty, which is clearly not to the benefit of the borrower.

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

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

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

• notify the bank about possible problem in advance in person, by phone or by sending a written statement that explains the situation in detail and provides evidence of its exclusivity;
• Involve your family and friends in regular loan payments - ask them to make the payment for you certain period. Don't forget to provide them with money and repayment instructions;
• contact the lender's representatives. Don't prevaricate, just tell it like it is. Your task is not only to convince loan specialist in your intention to pay off the debt, but also to do so;
• if you are a client of an microfinance organization, but activate the service. In fact, this is a legal deferment of 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 fulfilling his obligations, or the financial situation has really deteriorated so much that there is simply nothing to pay with. The borrower begins to slide into debt trap, where you can stay for a long time, and getting out of there will be much more difficult than at the current stage. That is why it is worth making every effort to find funds, and not giving up and “rolling along the beaten track.” Read what to do when you have nothing to pay a loan.

For the bank, this is a clear signal that the debt is entering a problematic stage and it is necessary to take active steps to return it (or at least to “save” part of the funds). Work with such a client begins to be carried out by someone who is already specialized in the form of “soft pressure”. You may also come across boorish people - mostly former representatives of law enforcement agencies, but, as a rule, their task is not to scare the debtor, but to put themselves in his position and 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 clarify the timing of repayment of all or part of the debt.

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

• debt refinancing by taking out a loan from another bank and paying off existing debt (on-lending);
• debt restructuring;
• cancellation of penalties subject to repayment of the loan balance, deferment is possible. As an option, return half of the loan body now, and split the other half into equal parts;
• extension (prolongation) of a loan with a reduction 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 matter to court by ceasing communication with the bank, and no one has the right to put pressure on him. But it’s better not to “stand up”, but to meet halfway and look for a compromise:

• do not avoid communicating with representatives of the collection department;
• answer questions politely and as fully as possible;
• respond adequately to psychological pressure, paying attention to the inadmissibility of such influence.

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

You will have to come to terms with the fact that they will pester your relatives, work colleagues (they will notify your bosses), call everyone available phones, frighten with various problems (blacklisting, inability to travel abroad, selling debt to collectors, future problems with lending, etc.).

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

To show your desire to move towards solving the problem, it is recommended to contribute the amount available to you once a month to pay off the debt. At the same time, save your 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 out of court - this way there is less red tape and it is cheaper. It is always better to solve problems peacefully.

An unscrupulous borrower who shows initiative and strives to eliminate negativity will definitely be heard. Don’t be afraid to notify the bank yourself about financial difficulties. An excellent recipe in a difficult situation: write a statement, highlight the situation in detail and indicate an acceptable option for repaying the debt.

By the way, insurance, so disliked 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 repay your debt to the bank. Therefore, it is worth thinking about whether it is worth abandoning it?

Long-term overdue: from 3 months

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

The borrower (including the guarantor, if there is one) 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 increase. They usually scare me with the court and debt collectors. Credit structure it’s not difficult to understand, because for so much a long period The bank has already managed to apply all possible leverage against the offender.

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

Sample plan for an application to a financial institution:

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 exceptionality of the circumstances that have arisen (certificates from the place of work, orders from superiors, Bank statements, receipts, bills, prescriptions, etc.);
4. Request for a response to writing and about your desire to pick it up in person at the bank;
5. Suggestions for a plan for your further actions in repaying the debt.

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

If the bank insists on implementation collateral property(if it is included in the contract) in a pre-trial manner, there is no need to rush. To avoid problems and possible fraud, it is better to wait until the trial. Although in some cases the extrajudicial sale of collateral will make sense, provided that it is properly assessed and compared market value with the amount of debt.

If the bank has ceded the right to claim the debt to debt collectors, then essentially nothing changes for the debtor - the amount of the debt remains the same, in accordance with the terms of the agreement that it concluded with the previous creditor - the bank (nuances at the above link). By the way, collectors can work not only under an assignment agreement, but also under. In this case, the collection agency acts as an intermediary and does not have any rights of claim; it only helps the bank to collect the debt. You can find out the “status” of collectors by asking them for documents (notification letter, copy of the agreement), which they must provide to the debtor in accordance with the legislation of the Russian Federation.

What are the dangers of long-term loan debt?

So, your loan debt was “sold” to collectors under an assignment agreement, or the bank decided to take the matter to court. In the first case, as mentioned above, nothing will change for the overdue person, except that they will press on him more persistently. Debt collection is the main business of debt collectors, and they can go to great lengths to obtain benefits. Fortunately, the topic of collection arbitrariness is widely covered in the press and on television, and quite severe laws have been adopted to restrict the activities of collection agencies. If you are faced with boorish treatment and a violation of ethical and moral standards,...

In the second case, the debtor awaits trial. The court is more likely to make its decision in favor of the creditor, and now the state, represented by bailiffs, will take over the debtor, who can foreclose on movable and real estate debtor, on household appliances, for luxury goods, in general, for any liquid assets, with some exceptions. Alternatively, the debt will be deducted from the debtor's salary.

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

In any case, the court will record exact amount a debt that will have to be paid (with the help of bailiffs).

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

And finally, you can use it for your own purposes. It lasts 3 years from the last contact between the bank and the client, and after it the bank is unlikely to be able to win a court case 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” by moving to a remote village, then perhaps everything will work out for you.