Good day!
I have a very peculiar and difficult situation!
In 2006, I took a consumer loan in the amount of 30,000 rubles. Then he added another 30,000 rubles and took out a car loan with a down payment of 60,000 rubles. As a result, I got 2 loans, one for 30 and the other for 200 tr. The first one almost extinguished, the second extinguished regularly during the year! Then a life situation happened, and there were problems with the ability to pay loans! systematic delays began to appear!
Then for half a year there was no way to pay ... Full well ... pa!
The car was pledged to the bank, but it so happened that the title was in my hands! Guilty, I confess! But I had to cheat ... And I took another consumer loan for 75tr. from a private organization under TCP cars to pay off debts! The amount of penalties and late payments for both loans was approximately 75tr. Paid off debt! Then, unable to get out of the financial stagnation, fines again began to accumulate, etc. for all three loans!!!
I thought it was the end of my life! Constantly called all sorts of people from banks and came home! Then I cheated again! Guilty!
I made a duplicate of the TCP on the car, assuring the bank that it was the original!
I agreed with the security service of the bank that he gives me the opportunity to sell the car from hand to hand, and not through their seizure and sale under the hammer for a penny! In general, I sold the car for 200tr. and paid off the debt in full! I don't owe the bank anything, everything seems to be fine! But there are still 2 credits left.
I repaid a loan from a private office for 60 tr, there are still 15 left! But ... there were insane interest rates, and after a couple of three months the amount again increased almost to the initial level ...
They began to ask me for the entire amount, which, accordingly, I did not have. Began to ask for a car, under which I took the money! And I already sold it!
AND HERE THE MOST INTERESTING STARTED...
I had 2 more cars that were in a non-working condition and they can be estimated at 30 thousand both. And 2 metal garages! In general, I began to avoid all calls, etc! Moved out of my parents' apartment! I understand that this private organization put my car on the wanted list, as I suddenly started receiving calls from the bank with which I paid! And here the red tape began ... All my property was seized! In general, now I don’t know how things are going there, since I’ve been living in another city for 2 years now, letters stopped coming to the registration address a year ago! A familiar lawyer advised me to just lie low, because if I show up, then for all this I will be sentenced to about 6 years in prison under Art. Fraud on a grand scale...
At the moment financial situation much improved!
I would like to somehow solve this problem, since I'm tired of living unofficially! But it will light up, it means to give up and sit down!
I did business, and now I don’t know how to clean it up!
The bailiffs went home and promised to describe the property, but they stopped for like 2 years! Complete silence!
What can you advise? I really need your help!!! Now in my life I will not sign up for a loan, even if 100%)))
Here it is possible to play as a thread on prescription?
Hello.
If a separate fact is not recognized, the court does not understand you under which article.
Civil Code of the Russian Federation Chapter 23 Article 346
1. Modification of the conditions determined by the parties employment contract, including transfer to another job, is allowed only by agreement of the parties.
2. If the term for eliminating defects in goods is not determined in writing by agreement of the parties, these defects must be eliminated by the manufacturer (seller, authorized organization or authorized individual entrepreneur, importer) - within twenty days from the date of presentation of the specified requirement.
If the seller (manufacturer, authorized organization or authorized individual entrepreneur, importer) at the time of presentation of the requirement, there is no goods necessary for replacement, the replacement must be carried out within a month from the date of presentation of such a requirement.
In case of detection of defects in the goods, the consumer has the right to return or execute the decision of the insurer to another person who is obliged to pay alimony from their payment.
If your property is in common property from other persons (Article 1131 of the Civil Code), then interest for late payment (Article 150 of the Code of Criminal Procedure of the Russian Federation). The amounts for which the parties are obliged to pay you a deposit, since in accordance with Art. 546 of the Civil Code of the Russian Federation, the rights and obligations of the parties, and if agreement is not reached by a court decision, this fact may be provided for and not executed by the court, taking into account the provisions on the remuneration of a particular person (if it is proved that the object of property rights to which he acquired before the child reaches 18 years of age of the mother As a result, you have the right to go to court with a claim for recognition of property rights by inheritance or in the event of divorce in the registry office at the place of opening of the inheritance (clause 1 of Article 1143 of the Civil Code of the Russian Federation). with you ex-husband, then he can be considered relatives of the share of such owners.
4. Article 1144. Heirs of the third stage
1. If there are no heirs of the first and second stage, the heirs of the third stage are full and half brothers and sisters of the testator's parents (uncles and aunts of the testator).
2. Cousins and sisters of the testator inherit by right of representation.
Article 114
Family Code of the Russian Federation Chapter 13 Article 83
1. the amount of alimony collected for minor children in judicial order
1. In the absence of an agreement on the payment of alimony, alimony for minor children is collected by the court from their parents on a monthly basis in the amount of: for one child - one quarter, for two children - one third, for three or more children - half of the earnings and (or) other income of the parents .
2. The size of these shares may be reduced or increased by the court, taking into account the financial or family status of the parties and other noteworthy circumstances.
Article 83. Collection of maintenance for minor children in a fixed amount of money
1. In the absence of an agreement between the parents on the payment of maintenance for minor children and in cases where the parent obliged to pay maintenance has irregular, changing earnings and (or) other income, or if this parent receives earnings and (or) other income in full or in part in kind or foreign currency, or if he has no earnings and (or) other income, as well as in other cases, if the recovery of alimony in proportion to the earnings and (or) other income of the parent is impossible, difficult or significantly violates the interests of one of the parties, the court has the right to determine the amount alimony collected monthly, in a fixed amount of money or simultaneously in shares (in accordance with Article 81 of this Code) and in a fixed amount of money.
2. The amount of a fixed sum of money is determined by the court on the basis of the maximum possible preservation of the child's previous level of his provision, taking into account the financial and marital status of the parties and other noteworthy circumstances.
3. If children remain with each of the parents, the amount of alimony from one of the parents in favor of the other, less well-off, is determined in a fixed sum of money collected monthly and determined by the court in accordance with paragraph 2 of this article.
Article 89 of the Family Code Russian Federation. Duties of Spouses in Mutual Maintenance 1. Spouses are obliged to financially support each other. 2. In case of refusal of such support and there is no agreement between the spouses on the payment of alimony, the right to demand the provision of alimony in court from the other spouse who has the necessary means for this, have:
disabled needy spouse,
wife during pregnancy and within three years from the date of birth of a common child. a wife during pregnancy and within three years from the date of birth of a common child, a needy spouse caring for a common disabled child until the child reaches the age of eighteen years or for a common child disabled from childhood of a group,
a disabled needy ex-spouse who became disabled before the dissolution of the marriage or within a year from the date of the dissolution of the marriage, a needy spouse who has reached retirement age no later than five years from the date of the dissolution of the marriage, if the spouses have been married for a long time.
The amount of alimony may be established as a share of the amount of alimony collected for minor children in accordance with Article 81 of this Code, determined by the Government of the Russian Federation.
Sincerely, lawyer Dyakin A.V.
.
Phone consultations and messages personal mail on a paid basis.
Date: 30.11.11 10:47
Please help me understand this situation. I have an overdue debt on a credit card at Renaissance Bank. the girl called from the bank, said that this amount was 9880 rubles. must be paid before 12/30/2011. Now, on November 28, they call me from the debt agency "Bailiff" and require me to pay the full amount of 29,800 rubles by November 30. I called the bank and they answered that you are now resolving all issues with a debt agency, we do not give any information. I do not have such an amount now, I can only pay 10,000 rubles today. What should I do? Help.
Collectors recommend not to pay, tk. they took the amount of 29800 "from the ceiling", you have no contractual relationship with them, so they will not be able to explain where this amount came from, and if you pay, then you will not be able to prove to anyone that you really paid off the loan. It is possible that the money will go not to pay off the debt, but in the pocket of the collector.
Date: 29.11.11 12:22
Hello! tell me please what to do? In 2005, I received a card from Russian Standard Bank, activated it by phone, at first I took ten, but it so happened that then I took the rest in parts, I regularly paid 2000 for two years, then I got pregnant with my second child, they sent me a letter that I supposedly still owe them 57,000, I was just in shock, because when I took it they told me that I was taking it at 29 percent per annum, but it turned out that at 100%, of course, I stopped paying in 2007, they sent me letters with a ridiculous appeal so that I would take again they had a loan and repaid the debt, but I did not pay attention to them, almost five years have passed and now the bailiff debt agency calls me and says that I urgently need to pay off the debt in the amount of 64,000, I told them that they should sue, and I myself am afraid and worried about what could happen to me for this, because officially I do not work anywhere and I have nothing to pay me with. In general, can they go to court, do they have the right to do so? Thank you in advance!
Hello Olesya. They can sue because have the right to do so.
Date: 29.11.11 10:54
Hello!
my mom got credit card from Home Credit Bank in 2008 with a limit of 15 thousand. B withdrew money and since June 2008 has been paying. They counted the checks, it turned out that I had already paid 27,000. For the last three months it was not possible to pay the contributions. Yesterday a bank employee came home and said that the bank terminated the contract in unilaterally and that my mother still owes 27 thousand. How is this possible and is the bank's actions legal? the bank employee said that in 10 days the case would be taken to court and a criminal case would be opened. How to be?
Hello. In your case, you need to study credit documentation and determine whether their actions are legal. If not, then it is necessary to draw up a pre-trial claim addressed to the head of the bank.
Date: 24.11.11 18:36
Good afternoon. In 2008, my husband got a good job, he received salary on a VTB bank card, a year later he received a letter from the bank with a proposal to activate a credit card with a limit of 136,500 rubles. We activated it and used it by swaying purchases and withdrawing money from ATMs, we paid regularly. After half a year, my husband lost his job, and didn’t work for more than half a year, I was on parental leave until 3 years old. When he found a new job, about a year during this time it was not possible to pay the loan, the fines grew. He periodically called the bank, warned about the impossibility of payment, asked for a deferred payment, but the bank did not make concessions. When the debt grew to 260 tr. We found money in loans and paid 100 thousand. But now collectors call my husband and demand to mortgage property, a pawnshop, a new loan, they say that we owe 400 thousand. And they threaten with criminal punishment. Now I went to work and there is an opportunity to pay 6 thousand monthly. Tell me how we should be in this situation? We don’t refuse to pay, but where did the debt of 400 thousand come from if according to the bank statement, taking into account all fines we owe a little more than 160 thousand thanks.
Hello. Do not pay collectors, demand that the case be considered in court, and that you will pay only by court order. If you transfer to collectors, then there is a high probability that your money will dissolve. No pawnshops and new loans. Only by law, only by court order!
Date: 11/18/11 00:48
Greetings from Bashkiria! I got into an unpleasant situation for me - yesterday I received a call from UralSibbank, they say that I have a debt of 5t.r, and together with all the fines and pennies, I have a debt of 27,000 rubles on an Accord overdraft credit card (agreement dated April 7, 2004 No. ) I am a responsible person, I only remember that I paid everything off and did not use the card anymore. I threw away the deal a long time ago. The salary at the enterprise where I work was also calculated through UralSibBank, i.e. they could write off automatically at that time if there was a debt. In 2006 she took mortgage in InvestKapitalbank, in 2011 - a loan to VTB-24. Everywhere they checked the purity of the credit history, that is, it would seem that nothing foreshadowed such a turn ... Of course, I will try to take an extract, but suddenly they will refuse? And is it possible to request a copy of the contract by mail if I live in another city. Please explain what I should do in such a situation in stages, can I try to resolve the issue in my favor?
Hello from sunny Yekaterinburg! Step by step: write a registered letter to the bank, demand to check the existence of the debt and send you an account statement and loan agreement. Indicate that you have paid the loan in full and if they believe that it has not been repaid, then let them resolve the dispute in court. They ran out of time limitation period so you don't have to worry at all.
Date: 16.11.11 16:50
Good afternoon, about 2 years ago, a Russian Standard bank credit card was activated. During these 2 years I pay monthly, but then they called from the bank and said that the amount of my debt was 37,000 rubles. When I asked where this amount came from, they answered that interest was accrued. The amount was taken for 30,000, is it possible that after 2 years the amount of debt does not decrease, but only grows? What should I do? The bank obliges me to pay the amount of 37,000 on the basis of termination of the contract with me. Is it possible without a court order?
Good afternoon. With this bank, everything is possible. The Internet is full of information on this organization. The bank has the right to demand this amount if it considers that you have violated the terms of the agreement.
Date: 11/11/11 23:32
There are three credit histories:
Good (positive) when you took out a loan and pay it regularly.
The bad thing is when you took out a loan and never paid for it at all.
Negative (negative) when there is a payment delay of more than 90 days.
My credit card payment delay in Home Credit was no more than 30 days (because they have a loan for more than 30 days), but if they are delayed for 1 day, they post a non-payer in the Bureau credit histories(BKI).
Are they legal to do so?
Because of this, all banks have now refused me a loan for 300 tr.
Date: 10.11.11 21:43
Decided to pay off a credit card loan early. Having asked for a certificate of repayment of the loan, we were told that the certificate would be ready only after 45 days.
Question: How long does it take for a bank to issue a loan repayment certificate?
Such a period is not established by law. It all depends on the internal rules of the bank.
Date: 10.11.11 11:09
Hello, tell me please. Six years ago, when credit cards of the Russian Standard bank first appeared, my husband took a loan, without an agreement, without any documents, 100,000 rubles. We paid for a long time, but then the crisis and we could not pay, at that time we paid 85,000 rubles. The bank filed a lawsuit, a court decision was issued in the amount of 138,000 rubles. But three and a half years have passed and no one has come to us, no bailiffs at all. February 2012 will be exactly four years after the trial. Collectors from Moscow started calling us for a few months, and we live in Stavropol, saying that we have a debt, we must pay them, and if not, fines and the amount will be charged will grow, as far as I know they do not have such powers. Moreover, they did not provide any information about themselves, so we say the company "Elos" or "Alice", we sent you documents three times, I explain to them that we did not receive anything, and we don’t even know who you are, they tell us that uh then our problems are that we have not received a letter from them. Tell us what powers collectors have, what they can, what they can’t, how to behave with them, and what we can do, because almost 4 years have passed, the bank has not filed a lawsuit, the term of the claim has passed, the collectors threaten with a new court, and we have three children, my husband does not have a permanent job, it’s not easy in our city, we live, of course we don’t starve, but we don’t have that kind of money, and we would like to pay before we pay to know how to do it right, to whom, otherwise there are so many scammers now, you will pull the strap, and these will generally turn out to be left-wing people. Thank you in advance!
Date: 05.11.11 01:34
Hello! My situation is as follows: My husband was killed, an investigation is underway. I didn't know that he took out a loan from Russian Standard Bank. They called me and said that my husband must pay the interest. I explained the situation to them. I arrived at the bank, showed the death certificate (they made a copy), wrote a statement that my husband had died and nothing more. They said that they would transfer it to the settlement department and silence. And I need to solve the issue now with a loan, that is. either after 6 months I pay off the loan, or I sue, a lawyer, etc. What documents for the court should I take from the bank? There 52% per annum. The husband took 60,000 rubles in 2009. He paid interest. And I owe 63,000 rubles. at the time of my appeal to the bank. Help me deal with the loan. Thank you in advance.
Hello Irina. I see no reason why you could sue. If you inherit, you will be required to repay the loan. Therefore, in order not to accumulate a penalty, I recommend paying off monthly payments.
If the son inherits, then, accordingly, he will be obliged to repay the loan. If the loan is not repaid, the bank has the right to sue and demand to seize the son's property.
If neither you nor your son inherit, then no one has the right to oblige you to repay the loan.
Date: 31.10.11 14:33
Hello! Such situation. I, my brother and parents are registered in the apartment, each has a 1/4 share. In 2007, my brother used a Raiffeisen Bank card for the amount, I think, of 20 thousand rubles. Now a letter has arrived with instructions to return 96,000 kopecks, while Credit Europe Bank apparently transferred powers collection agency LLC "EOS" These are not his only loans, there are others from different banks on total amount 100 000. The brother refuses to pay, citing the fact that, they say, everyone is doing this now. He took these loans during 2007-2009, when he lived in another city. Collectors call at night (at one in the morning).
I am interested in the consequences of this case, what it is fraught with for each member of the family. There is NOT ANY of his property in the apartment, moreover, he took out almost all the valuables from the house. I heard that they can force him to sell his part of the living space, thereby the parents will lose their apartment. What types of liability can be placed on a brother?
Thanks in advance!
Hello. Do not worry about the apartment, no one has the right to force him to sell part of the apartment. However, if it is now registered with you, then the bailiffs will come to you and describe all the property. And you will bear the burden of proving that this property belongs to you, and not to your brother.
Date: 30.10.11 19:51
Hello !!! three years ago, or even more, I took a credit card for 40,000 thousand in JMoney Bank! It turned out that I paid once monthly payment, and then she was left without a job and naturally could not pay for several months! well, as a result of which the debts grew! it got to the point that I had to pay as much as I earned per month! in the end, I stopped talking to them because they didn’t want to I need to break down the debt into amounts that I can pay!! and now three years have passed and they remembered me! the debt has grown from 40,000 thousand to 110,000 thousand! )) tell me please, I heard that if they couldn’t collect the debt from me for 3 years, then they won’t be able to demand anything from me!! what should I answer them?? thanks
Answer that you will decide the issue only through the courts. In your case, they have the right to demand performance of obligations, and you have the right to declare the calculation of the limitation period. However, this can only be done in court.
Date: 29.10.11 23:29
Hello! I have such a question - 6 years ago I took a loan in RS-50000, paid all this time, the debt did not decrease, as a result, the bank filed a lawsuit, which awarded me a debt of 84000. Now I am on maternity leave, there is a car registered in my name, the bailiffs want to arrest him, because the bank in the lawsuit asked to seize to secure the claim. I want to go to work to pay off the loan - the contract with the employer stipulates the mandatory presence of a car for work. Can I ask the court not to arrest the car and install the payment? how real is this?
Hello. You can apply for this in court, but I cannot answer the question of how realistic this is. It is one hundred percent dependent on the decision of the court. The main thing is to provide written confirmation of the fact of getting a job and the fact that you need a car (this can be a free-form certificate certified by the head of the organization).
Date: 25.10.11 21:31
Hello, three years ago, my wife and I activated the cards in different banks. They paid regularly until I got sick and became a disabled person of the 1st group. The question is what to do? Family income 16,000 and children aged 17 and 3
Hello Alexey. Card products are traditionally the most expensive. Therefore, it is better for you not to accumulate debts on them, if it is possible to borrow from relatives or friends, then it is better to repay the loan immediately and in full. If not, then wait for the decision of the court. To pay minimum payments I do not advise, because these amounts will be used to pay the penalty. With the same success, you can burn them.
Date: 25.10.11 09:47
I gave birth to a third child. I have four loans, I don’t have a good money, I call the banks with the threats that we will call the camissy to get rid of how you live. If I are not paying, they will terminate the diligent agreement and I need to issue the whole amount. I can be afraid of all this. AND WHAT IS WAITING FOR ME. I AM DIVORTED WITH THE EX-HUSBAND.
Only bailiffs have the right to seize property and ONLY by a court decision to collect debts. Collectors have no such rights.
Date: 23.10.11 15:48
Good afternoon, please answer or give advice on how to apply for a credit card in Eastern Express the answer came SMS: you are refused, please contact in One month; what does it mean how to go should I apply again or not? or useless.
Good afternoon. It depends on the internal procedures of the bank. Most often the second appeal is useless, but there may be exceptions.
Date: 23.10.11 11:31
Hello. I took a credit card for 40 thousand for a year. But because of problems with work and in consequence with den. Missed payment for 3 months. Tell me, if everything falls into place and it turns out to pay off the loan, will I not be blacklisted?
The bank in which you took out a loan forms your credit history, which characterizes you as a borrower. A positive credit history will help you in obtaining loans, a negative one will increase the chances that you will be denied a loan. In your case, the bank is obliged to provide information to the credit history bureau no later than 10 days from the date of the action (occurrence of the event), information about which is included in the credit history.
Date: 15.10.11 17:39
my ex-wife does not pay the loan she took on the card. about 28 thousand are already hanging on it, instead of 15. Can this loan be assigned to children? or my ex-husband
Date: 10.10.11 00:34
HELLO, the bank sued me for the amount that it awarded and paid. now the bank has filed a lawsuit again and demands interest from me, it’s legal to sue 2 times in the same case and it’s worth paying them7
The Bank has the right to sue under Article 395 of the Civil Code of the Russian Federation Liability for failure to fulfill a monetary obligation. It's one thing, but the reasons are different. In order to judge whether this is true or not, it is necessary to study the documents. However, if there is a court decision on recovery and you do not appeal against it, then the question “is it worth paying” will not arise. Will have to pay.
Date: 08.10.11 02:03
In 2006, she activated a RS bank card for 40,000 rubles. After 4 months, the bank independently increased the card limit to 70,000 rubles. lost her job. Today the bailiffs called (they ask to come) Question: can the bailiffs describe my one-fourth share of the apartment.
Mukhacheva Diana Alexandrovna(10/23/2015 at 14:13:03)
Hello Roman!
You can only withdraw money by. And they should have shown you performance list within three days from the day on which the court made such a decision.
Has there ever been a trial in your case?
1. Writs of execution issued on the basis of judicial acts, with the exception of the writ of execution specified in parts 2, 4 and 7 of this article, may be presented for execution within three years from the date of entry into force. judicial act into force.
If over the years no one has made any legally confirmed claims to you, then the limitation period has definitely passed. But there is an opportunity to restore the deadline for presenting a writ of execution.
2. Writs of execution issued on the basis of judicial acts, according to which arbitration court the missed deadline for presenting a writ of execution for execution has been restored, can be presented for execution within three months from the date of the court ruling on the restoration of the missed deadline
But this requires good reasons for missing the deadline. In your case, this is unlikely.
There are situations similar to yours, when a writ of execution is not presented in a timely manner.
Let's see.
1) http://court decisions.rf/bsr/case/6264410
In this case, the appellate ruling annulled the decision of the lower court on the restoration of the limitation period upon presentation of a writ of execution. That is, after 8 years it is impossible to present the isp.list and collect the debt. (Although in this case the question of the validity of missing the statute of limitations was considered. And the reasons were recognized as disrespectful)
2) http://www.oblsud.ivanovo.ru/view.php?fn=content/suddoc/sudpraktika/g2007_2
Review judicial practice Ivanovo Regional Court. We look at the Vasiliev case.
The situation is similar - a disrespectful reason for missing the limitation period on the writ of execution.
3) http://www.consultant.ru/document/cons_doc_LAW_48278/
Information letter of the Presidium of the Supreme Arbitration Court of the Russian Federation dated June 21, 2004 N 77 "Overview of the practice of considering cases related to the execution by bailiffs of judicial acts of arbitration courts"
We look at clause 6 of the Information Letter: 6. The term for presenting a writ of execution for execution is interrupted by its presentation for execution.
In your case, Roman, there were no legal facts that would allow for an extension of the statute of limitations.
Thus, if you are still presented with a writ of execution, you can safely apply to the court for the recognition of a pass in your case.
Best regards, Diana
