Microfinance operations are perhaps the fastest and most affordable method of obtaining credit loan. It can be obtained without any special conditions a minimum package of documents is sufficient. With fairly significant rates, the demand for small financial loans is becoming more and more. At the same time, it is becoming more and more difficult to control the work of MFIs. These facts lead to violations of the requirements and norms of the client agreement. In this article, we will look at the points on how to sue an MFI.
Any experienced borrower knows that when borrowing funds from microfinance organizations, one must be prepared for the fact that with each overdue day of payment, the debt grows at a fairly rapid rate. Sometimes the delay reaches up to 500-700%. Therefore, the amount of several tens of thousands grows to an impressive debt. And if we also take into account the fines and penalties required by the MFI from its debtor, then the debt eventually turns into a real one. big problem. In addition, the MFI may require the repayment of the entire amount of the debt in court at once.
The courts are most often contacted by actively growing and large micro financial institutions rather than small and newly formed firms. At the same time, large organizations are more concerned about their reputation and they control compliance with debt obligations, however, as well as the collection of the debt itself. However, the work of collecting from debtors is carried out legally through the judicial authority, and not through collection work, the legitimacy of which is often in doubt. At the same time, debt collection judicial order can also take different paths. Preparation of the borrower for proceedings in court with his lender should take place if:
In the event that a microfinance organization has applied for its borrower, then there are several ways for him to win in this situation. First, you can file a counterclaim. Secondly, to petition for the recognition of the contract as invalid or a reduction in the amount of the penalty. With the help of such a counterclaim, the borrower can achieve an installment plan to repay the debt.
The most advantageous way to resolve the issue of urgent repayment credit debt- is to achieve recognition of the agreement on the provision of credit as invalid. Of course, this will must provide the court with compelling reasons. These include the following:
The best course of action for the borrower in this situation would be to file a counterclaim.
This can be done by any person who has made a loan in a microfinance organization, but only if his rights have been violated by the MFI. Usually, Most often this happens on the following points:
If the borrower's rights have been violated, then it is certain that the most effective method of defending one's rights will be to file a lawsuit against the microfinance organization that allowed the improper service.
It will be necessary to draw up an application in several copies (for the court, the defendant and the applicant himself). It should be submitted to the judicial authority along with other documents, which include a copy loan agreement, calculation of financial claims against MFIs, receipt of payment of the state fee, power of attorney to represent in court on behalf of the applicant.
Any lawsuit is drawn up according to certain uniform requirements, which are taken into account, despite the difference in the essence of the issue. For example, statement of claim for MFIs should include:
The claim can contain absolutely any information that is directly related to the case. It is also not prohibited to apply with an additional petition to the court.
The question of how to legally sue microfinance organizations is not idle for many citizens. The borrowed 5,000-10,000 thousand rubles can easily turn into a six-figure amount of debt. The amount of daily interest on the loan is added to the body of the loan, interest charged every day for late payment, a fine - every day the size of the debt becomes more and more frightening.
In many respects, this situation develops for the simple reason that the debtor does not take part in the trial, often ignoring court hearings. At the same time, actively expressing one's own arguments and confirming them with documents can help write off the lion's share of illegally accrued interest and penalties.
So, the day of repayment of the loan is coming, but there is nothing to repay the debt. First of all, in such a situation, the borrower must apply to the MFI with a written application to defer payment for a certain period. The application must contain information that the borrower is temporarily unable to perform debentures, and it is also necessary to indicate the reason for the impossibility of making payment - illness, dismissal from work, etc. It is recommended to attach to the application documents confirming the veracity of the client's words - a certificate from a doctor, a copy of the labor with a mark of dismissal, etc.
Microfinance companies in most cases agree to roll over the loan for a fee. The borrower gets the opportunity to gain time (to collect the required amount), to avoid a decrease in the credit rating, as well as the accrual of penalties and forfeits. At the same time, he must understand that the amount of debt due to the prolongation will increase.
It is important to draw up an application for extending the term of the loan in two copies: give one to the lender, and keep the second for yourself, having previously received a note from the MFI on the acceptance of the application.
A growing debt to a microfinance company may also arise as a result of the accrual of interest and penalties, not stipulated by the agreement, as well as as a result of other illegal actions against the borrower. The latter in this case can seek help from one of the following services:
Represents a body of out-of-court proceedings between an individual and a financial institution. You should contact the ombudsman in such cases as illegal accrual of interest and fines, illegal actions of collectors, etc.
All complaints must be made in writing and facts must be documented.
If the borrower is faced with a unilateral change in the terms of the contract, a restriction on early repayment of the loan or a fine early repayment, he can file a complaint with the antimonopoly service. The creditor will be checked, and if the facts of the violation are confirmed, an administrative fine will be provided.
This body should be contacted for help if, in the process of using the loan, hidden commissions and interest were discovered, about which the borrower was not notified before signing the agreement; the terms of the contract are written in small, illegible print.
You can file a complaint directly on the Central Bank website by filling out a special form. As practice shows, appealing to the Central Bank is much more effective than complaints to the antimonopoly service or Rospotrebnadzor.
Complaints to the Central Bank, the antimonopoly service and Rospotrebnadzor can be filed in parallel with lawsuits against MFIs. If the case is being heard by the Ombudsman, then legal proceedings cannot proceed until the case has been heard and closed by the Ombudsman.
Litigation can start in one of 2 cases:
In any case, the borrower must take an active position, be ready for a dialogue with the court. After the case is transferred to the court by the MFI, the defendant (debtor) will receive a subpoena, which will indicate the place, date and time of the upcoming trial. The notice is sent to the place of registration. If the borrower lives at a different address, which he did not indicate when applying for a microloan, then the responsibility for not receiving the summons lies with him. In other words, not knowing about the upcoming hearing, the debtor will miss it. It is enough to ignore the summons 2 times for the hearing to take place without the participation of the defendant. In this case, it is useless to count on the protection of their rights.
Many debtors are afraid of going to court, but they must learn that it is thanks to the proceedings that you can significantly reduce the amount of debt and choose the best repayment schedule for yourself. It is these 2 goals that the credited person should pursue by going to court or filing a counterclaim.
A real opportunity to reduce the amount of debt is to achieve a reduction or cancellation of penalties. This can be done by referring to Article 333 of the Civil Code of the Russian Federation, according to which the penalty must be commensurate with the consequences of a breach of a debt obligation.
In other words, if the debtor took 10,000 rubles and delayed the payment by 3 months, during which he was charged a fine of 90,000 rubles, then such a penalty should be considered disproportionate to this violation.
An additional argument for the borrower will also appear if the company, in addition to a fixed penalty for delay, daily also calculates penalties as a percentage of the amount of the debt. This is exactly what happens in real practice. The defendant must draw the attention of the court to the fact that the law does not provide for two types of punishment for the same violation. Thus, the court must cancel either the fixed penalty or the accrual of interest.
Finally, if an MFI sues a year or two after the due date of the loan, this may be regarded as an abuse of the right. According to the law, the creditor can sue within 3 years and his claim will be satisfied. However, the borrower must insist that the company deliberately delayed taking the case to court in order to “wind up” as much as possible more percent. Expressing this argument, it would be good to provide the court with a statement from the borrower, where he notifies the MFI of the inability to pay the debt. That is why, as soon as you realize that there is nothing to pay on the loan, you should immediately notify the lender in writing.
In addition to preparing claims and the necessary certificates and documents, the borrower should think over the objections with which he will close the arguments of the microfinance company in court.
The table below shows the most common arguments put forward by MFIs to protect their rights (left column), as well as counter-arguments of the borrower (right column).
| MFI Argument | Borrower counterargument |
| Freedom of contract | |
| Citing this argument, the company will refer to the fact that the terms of the contract were agreed in advance, the borrower knew about them, and the signing of the document was carried out on a voluntary basis. | When forming a counterargument to this objection, one should refer to the fact that the principle of freedom of contract cannot be unlimited and does not exclude the assessment of the fairness of its conditions. In other words, emphasis should be placed on the bad faith of the lender when determining an interest rate of more than 1% per day. |
| The lender has the right to receive remuneration for his services | |
| As a rule, this argument is used to justify high interest rates on a loan. | In response to this argument, the borrower should make the observation that excessive high interest as a payment to the creditor for the provided loan service - nothing more than an attempt at unjust enrichment, as well as a direct violation of the balance of obligations and rights of the parties. |
An important point, if violations recorded by Rospotrebnadzor, the Central Bank or other authorized bodies are revealed in the activities of the MFO, the relevant documents should be submitted to the court. This will be the best evidence of the organization's abuse of the right.
So, the ability to reduce or cancel the penalty for delay on a microloan is legal and real. However, the huge amount of debt is largely formed as a result of the accrual of interest for the daily use of the loan. Naturally, the borrower is interested in whether it is possible to reduce the interest rate through the court.
It should be noted that this is very difficult to do, since the court proceeds from considerations of the voluntariness of obtaining a loan. Indeed, no one is forcing the borrower to take out a loan at the specified interest, he signs the microfinance agreement of his own free will.
But if you prove that the agreement between the parties was made in a difficult life situation for the borrower, when he could not adequately assess the degree of risk of non-repayment of the debt, you can count on a decrease in interest.
The task of the debtor is to achieve recognition of the part of the agreement regarding the procedure for calculating interest as invalid. In doing so, it is recommended to rely on the following facts:
A petition to lower interest rates is rarely granted by the courts, but that doesn't mean it's not worth trying.
After the court decision is made, both the borrower and the lender can appeal it within 30 days. The borrower should know the following rules for appealing a court decision:
If the borrower did everything right, then the amount of his debt will noticeably decrease. However, the joy of this is premature if there is no required amount to pay off the debt. Such a situation must be foreseen at the stage of the trial and a petition for a stay of execution of the judgment should be filed.
This opportunity is provided in accordance with Article 203 of the Code of Civil Procedure and involves permission to defer payment of the debt for a certain period (often no more than 1-1.5 years).
In order to obtain a delay in the execution of a court decision, it is necessary to document the impossibility at the present time to pay the amount of the debt due to life circumstances beyond the control of the borrower. The latter may be:
In some cases, it is important not only to prove to the court that it is impossible to immediately execute the court decision, but also to convince that after a specified period the situation will change for the better. This applies primarily to delays in connection with the loss of work. The borrower must provide a copy of the labor with the appropriate mark of dismissal, as well as register with the labor exchange, providing the court with certificates confirming this.
An application for a stay of execution of a judgment may be filed either after or before the judgment has been rendered. The task of the borrower is to convince the court that he is ready to pay the amount of the debt and adequate interest.
A settlement agreement is a compromise between the MFI and the borrower, which can be reached at any stage of the litigation prior to a court decision. The settlement agreement must be certified by the court.
An MFI rarely initiates a settlement agreement, but if this happens, the company often tries to offer the borrower unfavorable conditions for him. For example, it cancels the amount of the penalty, and in return offers to pay a light version of the debt within a few days. In fact, the borrower can himself achieve a reduction or cancellation of penalties, as well as apply for a delay in the execution of a court decision, thereby delaying the payment of the debt. It turns out that such a settlement agreement does not bring any benefit to the debtor.
The borrower can also initiate a settlement agreement. To do this, he must prepare an appropriate proposal in 3 copies. If its terms are acceptable to the MFI (a representative of the organization can evaluate them directly in court), the court will approve this agreement.
One of the mandatory requirements when drawing up a peace agreement is the clause that it must not contradict the law. Naive borrowers often confuse this concept with their own benefit. It should be understood that a legitimate settlement agreement is not always beneficial for the debtor, and therefore he has the right to reject it.
The example of the above version of the settlement agreement from the MFI, of course, does not violate the requirements of the law, but does not benefit the borrower.
When signing a settlement agreement, one should adequately assess the consequences of violations under it. If the obligations prescribed by the agreement are not fulfilled, the MFI has the right to request performance list and hand it over to the bailiff. The latter will open enforcement proceedings and will be able to seize the financial account and property of the debtor, arrest him vehicle, close the exit from the country.
A court order is a single decision of the judge on the application of the creditor to recover the amount of the debt from the borrower. In this case, the case is conducted without notification and involvement of the parties. For the borrower, this means that the entire amount of the debt, including huge interest and penalties, will be recovered from him.
Since the court order is an executive document, the MFI has the right to apply to bailiffs to seize the debtor's property.
An appeal against the order will help prevent such a development of actions. This can be done no later than 10 days from the receipt of the order. If a given term omitted for a valid reason, this fact should be documented and insist on an extension of the appeal period.
The main goal that the debtor should pursue when filing a complaint is to cancel the court order and initiate the enforcement proceedings. The latter is preferable because the borrower has the right to attend hearings and defend himself, as well as to file counterclaims against the lender.
If the loan amount exceeds RUB 500,000, individual may declare bankruptcy. However, this procedure is quite complicated and involves the debtor going through several stages. At the first of them, the borrower will be asked to restructure the debt, which, in the terms of the microcredit agreement, in fact, means dragging the debtor into even greater bondage. In case of refusal to restructure the debt, the conflicting parties may try to conclude a peace agreement. If a consensus cannot be reached, the court satisfies the claim of the MFI, which means the seizure of property for the borrower. In this case, the lender cannot take away the only housing of the borrower.
If the debtor has received the status of bankrupt, the court appoints a financial manager for him. The latter has the right to dispose of the bankrupt's property. And transactions carried out without a manager are considered illegal and are canceled. The services of a financial manager, which is 10,000 rubles and 2% of the amount of satisfied claims, are paid by the bankrupt.
For many debtors, bankruptcy seems like a convenient loophole through which to “slip away” from paying off a loan. In fact, such a procedure has a number of serious consequences:
Finally, attempts at deliberate bankruptcy, as well as deliberate concealment of property, are punishable under criminal law - the violator faces up to 6 years in prison.
Microfinance organizations are much more loyal in terms of requirements for potential borrowers.
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It is to them that citizens are forced to apply, if necessary, to get money on credit and the impossibility of obtaining a loan from a banking institution.
But if there are problems with repayment, then when collecting debt, MFIs often violate the law and clients are forced to protect their interests with the help of various complaints.
Microfinance organizations actively offer their services to various categories of clients, providing financial assistance people in difficult life situations.
But when getting a loan, few people think about the amount of interest, and how he will repay it.
As a result, MFIs are forced to use various technologies for collecting overdue debts.
The legislation establishes certain restrictions within which the lender must interact with the borrower when carrying out debt collection procedures.
But, unlike banks, MFIs do not always operate in the manner prescribed by law.
They very often allow various violations of the rights and interests of clients, setting themselves the main goal - to knock out a debt at any cost. As a result, strangers also suffer.
Filing claims to the direct management of the MFI does not lead to proper results, and the debtor or other affected person is forced to file a complaint with various authorities to protect their rights and interests.
In fact, a complaint is one of the types of citizens' appeals, which is distinguished by the presence of clear requirements for the elimination of violations.
Such applications are subject to general rules and norms of the current Russian legislation.
MFOs must work in strict accordance with the Federal Law "On microfinance activities and microfinance organizations", the Civil Code of the Russian Federation and other regulatory legal acts.
The Constitution of the Russian Federation allows any person or organization to file various complaints in order to achieve the elimination of a violation of their rights and interests.
Appeals must be registered and considered in accordance with the Federal Law "On the Procedure for Considering Citizens' Appeals", as well as internal rules, instructions and regulations of a particular instance.
In fact, there can be quite a few reasons to leave a complaint against an MFI.
Employees of such companies often behave inappropriately, demanding from the client to pay extra interest, penalties, fines, making mistakes when calculating the amount of debt.
You can meet threats of physical violence, disclosure of confidential information to third parties, damage to personal property, etc.
The direct debtor does not always suffer. Calls continue around the clock to persons who have absolutely nothing to do with the interaction between the client and the MFI, etc.
All this can become a reason for a complaint against the organization to various authorities, and sometimes a reason for initiating criminal proceedings against its employees and bringing them to justice.
When making a complaint against a microfinance organization, it is necessary to discard all emotions and adhere to a strictly business style in address.
Describe all the facts and circumstances as clearly, in detail and clearly as possible, confirming the violations with various documents, audio, photo, video materials, testimonies of witnesses, etc. if possible.
In order for the application to be considered in the prescribed manner, it is worth adhering to a number of simple rules:
| Full name must be indicated. and the address of the applicant, otherwise the complaint will be considered anonymous and will simply be ignored | A paper application must also be signed by the applicant. |
| There should not be any threats, insults and obscene expressions in the text of the statement | Their presence may also be a reason for refusing to consider a complaint. |
| Try to present all the facts and arguments in a logical order | This will simplify the understanding of the essence of the appeal, which means that the right decision on it will be made faster. |
| Be clear about your requirements | The complaint must necessarily indicate what the applicant wants to achieve - the elimination of the violation, bringing the perpetrators to justice, etc. |
The legislation also does not contain specific forms for appeal, although it contains certain requirements for its content.
| Part of the statement | Content | Notes |
| Hat | Details of the addressee and applicant, title of the document | Phys. persons must indicate their data in the application (full name and address) |
| Main part | Description of the specific problem (facts, arguments, circumstances indicating violations) | If possible, information should be supported by documents or other evidence. |
| Pleading part | Specific requirements of the applicant | Description of the desired outcome of the complaint (elimination of violations, bringing the perpetrators to justice, etc.) |
Video: a trap for a borrower
In Russia, there are quite a few different state and non-state organizations dealing with issues of microfinance companies.
It is not always easy for a client to determine where to file a complaint against an MFI in a particular situation.
But do not be afraid that the application will be addressed to the wrong recipient, in extreme cases it will simply be sent to the appropriate competent authority.
Advice. If you have any difficulties with filing a complaint, it is better to seek the advice of a lawyer.
Contacting a financial ombudsman can make it easier to resolve an issue with an MFI that is related to incorrectly calculated interest, debt restructuring, a complaint about the illegal actions of a debt collection service, etc.
Applications are considered free of charge, but often organizations, unlike banks, do not respond to the instructions of the financial ombudsman, and as a result, the applicant receives only general recommendations on further actions.
All microfinance organizations must be members of SROs in order to carry out their activities. The largest of these companies is SRO NP MiR.
Filing a complaint with it may result in the MFI receiving a do-nothing order, a warning, or even exclusion of the company from membership of the SRO.
In practice, such appeals are not particularly effective, because the SRO cannot hold the company accountable.
The Russian financial regulator, the Central Bank, deals, among other things, with issues related to the activities of microfinance organizations.
It is he who monitors compliance by these companies with established standards, helps citizens protect consumer rights in case of their violation by MFIs, etc.
Even if the Central Bank sends a letter to the company's management, and sends a simple reply to the applicant, this can significantly increase the effectiveness of the complaint.
Clients of organizations are consumers of financial services, which means they have the full right to protect their interests within the framework of the relevant Federal Law.
Rospotrebnadzor is the executive body of power that monitors compliance with consumer protection laws.
It is to Rospotrebnadzor that one should file complaints about violations of the current legislation in the contract, excessive interest, penalties and fines, etc.
If necessary, an audit of the activities of the MFI can be carried out, and appropriate orders to eliminate the violation can be issued.
Also, employees of Rospotrebnadzor often provide consulting assistance to MFO clients in preparation for the protection of their rights and interests in court.
Instead of low or zero interest, the client is forced to overpay huge amounts for each day, commissions are charged for what the client does not need in principle, etc.
It also makes sense to apply to this instance for violations of competition law.
Violation of the law by MFIs is not uncommon and this can be a reason to appeal to the prosecutor's office.
During the audit, it is this department that can establish violations of the law and issue instructions for their elimination.
Also, the prosecutor's office is authorized, if necessary, to initiate criminal cases if the actions of the employees of the organization are seen as elements of a crime (threats, violent actions, etc.).
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All borrowers at least once asked themselves the question, is it possible not to pay the loan? Therefore, many are wondering how you can legally get rid of microloans in 2020.
How often does a person today face financial difficulties? Almost every time he receives payments for public services when the refrigerator suddenly breaks or someone from the family gets sick.
Yes, these are minor everyday issues, you will say, and you should always have in reserve. But what to do when there are no savings, and money is needed today?
Such situations encourage people to turn to organizations that provide loans.
It is not always possible to ask for a loan from friends, besides, it is inconvenient, and you need to explain yourself. In connection with this situation, a person decides to apply to the MFI.
MFIs are small financial institutions that offer, and will easily help you in difficult times.
However, having borrowed money, people are not always aware of the responsibility assigned to creditors, and neglect the payment of debts.
There are a lot of such people, and basically, their problem is that every day the debts grow like mushrooms after the rain.
MFIs charge a fee for using their in cash on a daily basis. Without paying once, it becomes more and more difficult to pay the debt, and more often than not, hands down.
When debts take on a large amount, the MFI begins to demand money using different methods both legal and not. What to do when you cannot cope with debts and you have nothing to pay, we will discuss all this.
As soon as a person has signed a loan agreement, from that moment he has an obligation to creditors to pay the amount of the debt and accrued interest.
In life, everything is not always smooth, and often people do not cope with their obligations, driving themselves into debt pits.
Once a borrower fails to pay any interest by extending the loan, the MFI immediately begins a process called debt collection.
The procedure is the same for all banking organizations, and involves two actions on the part of the creditor:
On the Internet, everyone is looking for answers on how to get rid of microloans online. Many borrowers, unknowingly establishing responsibility, borrow money using online loans, believing that if the contract is not confirmed by a personal signature, you can take money and forget about the return.
In fact, everything is more complicated, and not one micro organization would present its services in this way, giving out money for free.
The fact is that with contactless registration, you agree to the contract with an offer, which carries the same legal force as your signature.
Therefore, the MFI has the right, legally, to sue you or seek the help of collection organizations.
Borrowers are also interested in how to get rid of. There are some ways, but you should not rely on them, because. The state has never forgiven anyone for anything.
If you do not belong to the part of borrowers who deliberately accumulated debts, but want to solve this problem, you should consider ways out of such situations.
First of all, do not be afraid of MFIs, and in case of bad debts, call or visit the branch, explain the situation, and most likely, they will meet you.
One of the main points of the contract, which all experienced borrowers look at, is the possibility of prolongation.
If this condition is available to you, you should not worry all the more. If such a procedure has not borne fruit or is not available to you, you should not panic, because. debt cannot grow indefinitely.
According to legislation and laws Central Bank, which regulates the activities of MFIs, the amount of debt with the accrual of fines cannot exceed the initial amount by more than 4 times.
That is, if you took 10 thousand rubles, the maximum amount that the MFI may require cannot exceed 40 thousand rubles, otherwise such an action is illegal, and immediately file a complaint with the court, which will be on your side.
Speaking of 40 thousand rubles, it is unlikely that such an amount will be lying around unnecessary in your pocket, but it is not critical, and you can pay it if you wish.
As for, the Central Bank also has a limit, which can reach up to 20% per annum, excluding interest that was accrued regularly according to the terms of the contract.
If you want to know, is it possible to avoid paying the debt in principle? No, you will not have such an opportunity, and obligations will not run away even with counterclaims.
When the MFI sees that you are not paying your debts, they will call you or send letters asking you to return the debt.
However, if this method does not work for you, the creditor may turn to third-party assistance from collection organizations that will not stand on ceremony, so be prepared for psychological pressure.
Having found themselves in debt, like in silks, many people continue to look for a way out, and they find it. Let me tell you a story that will help you understand how you can reduce interest.
The MFI applied to the court, which demanded ten times the amount of the debt from the borrower, who did not pay the debts throughout the year.
The contract was drawn up legally competently, and the borrower knew about the amounts of interest, no one withheld information.
At the same time, the court considered the claim, and decided only to double the amount of debt that was taken initially.
This is justified by the fact that, despite the knowledge of the conditions, fairness must be observed between the lender and the borrower.
Moreover, the court accused the MFI of deliberately waiting for such a long time and accruing interest throughout the year. Justice prevailed, and the borrower was obliged to pay much less.
The conclusion from this situation is that, despite the terms of the contract, the court may be on your side, especially if you still provide evidence about your appeals to the MFI with a request to reconsider the payment of the debt.
Most often, such organizations already know that the appeal will not lead them to the desired result, and the court will never decide on ten times the amount of interest.
Therefore, take the initiative into your own hands, armed with knowledge of the refinancing rate of the Central Bank, which is equal to 8.25% per annum, and demand that the court decide in your favor.
If you have not yet applied to the MFI personally with a request and an application for refinancing, it's time to do it.
And in case of refusal, in court you will have extra proof of the unwillingness of the MFI to meet their debtors.
Indicates the rights and obligations of the MFI and the borrower, and also details what constitutes an illegal action on the part of the MFI:
Contracts executed in 2020 will already have an adjustment in the amount of maximum debt growth, which should not exceed three times the original amount.
When a borrower is faced with a financial problem, most often, he takes new loan to close the previous one, and so it continues in a circle until this ingenuity replaces panic and the realization that there are even more loans, but there is still no money.
You should not resort to this method, as in practice it aggravates the situation even more. First of all, write a statement addressed to the MFI stating that you do not have the funds to pay.
At the same time, the letter must be written correctly, the main idea of which conveys your desire to pay, while it is not possible, and invite the MFI to sue you.
If you have strong evidence of your inability to pay in the form of a sheet of papers, loss of a breadwinner or illness, attach the papers to the letter.
Before sending, get a photocopy of the letter, and if this is your first delay, the amount will be fixed, and you will be able to challenge the continuation of charges in court.
The second way is to apply to the MFI with a request for restructuring. They can offer you more long term to make the payment smaller, temporarily freeze the calculation of interest or another condition.
When it comes to the daily interest rate, you don't have time to sit. Therefore, ask the lender, and perhaps they will meet you
The following situations can be a good reason to cancel the debt:
Going to court would be the right decision. Pre-stock up on evidence of your desire to pay.
If the appeal comes on your behalf, the court will be on your side, and possibly cancel the imposition of fines, penalties, and also establish a rational schedule to pay off the payments.
In this case, it should be borne in mind that if the case went to court, it is already too late to hide in the bushes, and it will be necessary to really pay the debt in accordance with the decision made.
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Otherwise, bailiff has the right to collect from your wages up to 50% in favor of paying the debt, forcibly.
This method can be given by a court decision in favor of paying the debt if the borrower refuses to pay or has no job.
Based on the decision, the bailiff has the right to come and evaluate your property for sale. If the amount from the sold property is more than the amount of the debt, the difference must be returned to its owner.
This procedure is used for problem debts, going towards the debtor.
In this case, the bank issues you under more low interest for a longer period of time so that you can pay off the old loan.
In this way, you can quickly deal with debts. Or you can use the prolongation of the agreement in the MFI, if it is offered.
You can ask the MFI about it personally by writing an appropriate application or by going to court to consider options for repaying the debt on more favorable terms.
This procedure is also called assignment of rights. Transmission is very common among credit organizations, and it occurs in the event of a bad debt from the borrower.
Microfinance is one of the fastest ways to lend. Such loans can be obtained without much effort by providing a minimum of documents. Despite the high interest rates, the demand for microloans is only growing. But regulating the activities of MFIs is not easy, so they often violate the terms of the agreement with the client.
Can a microloan organization sue a borrower? How to write a claim against her yourself? How and where to submit it? We will talk about this in this article. In addition, we will consider the main reasons for going to court, as well as tell you how to win the court.
Grounds for Complaint
Unfortunately, no one is immune from violations by microfinance organizations. You can file a claim against them in the following cases:
- Termination of the loan agreement unilaterally;
- Changing the terms of the contract, worsening the position of the borrower;
- Recognition of the invalidity of the agreement;
- Threats and insults from bank employees;
- Transfer of client data to third parties;
- Refusal to refund commission or insurance.
How to apply
If an MFI deceived you with the terms of a loan, for example, they force you to overpay, you can complain about its actions to the appropriate authorities, including the court. In order to start proceedings, you need to file a claim. Usually, it consists of the following parts:
- Court Data. In the upper right corner, indicate the number of the site and the address of the court;
- Information about the claimant. Here you should write the full name of the borrower, his address and other contact details;
- information about the defendant. This includes the name of the organization, its actual and legal address;
- Title. Below, in the center of the document, indicate its name - "Claim for the protection of consumer rights";
- Information part. This paragraph means detailed description the circumstances of the dispute and your claim against the organization;
- Claim. This may be a request to terminate the loan agreement, reduce the interest on the loan or compensate for losses. Substantiate your claims in accordance with applicable law;
- Final part. It contains additional materials of the case - a list of documents and other evidence attached to the claim, the signature of the applicant and the date of submission to the court.
The statement of claim is drawn up in several copies, the number of which depends on the number of respondents. The optimal size is 1.5 - 2 pages. You can do it yourself or seek the help of a lawyer. An application must be submitted along with a package of documents. So, the claim must be accompanied:
- A copy of the loan agreement;
- Receipt of payment of state duty;
- Calculation financial requirements claim;
- Power of attorney for a representative.
Info
When all the documents are collected, the question arises - where to submit them? The answer is simple: if the amount of the claim is less than 50 thousand rubles, then it is filed with the world court. Otherwise, the claim is sent to arbitration judges. You can apply to the court at the personal reception of the judge. It can also be sent by registered mail or a valuable letter with a description of the attachment.
Sample claim
Can an MFI start litigation?
When a borrower has a sufficiently large debt or completely stops payments and ignores creditors, the microfinance organization, in turn, also has the right to go to court. Filing a claim against the borrower is possible only if, if
- The amount of debt exceeds 50 thousand rubles;
- This is a secured loan agreement;
- MFI does not work with collection agencies;
- The debt was sold to collectors who practice litigation with the debtor;
- The borrower does not make any payments to repay the debt.
Attention
If the amount of the client's debt is not large enough, the MFI may not sue him, as this is not profitable for him. The amount won in court will not cover legal costs.
Which microfinance organizations sue debtors? All licensed companies can do this. But, as a rule, the initiators of litigation are large MFIs.
How to win a case?
When filing a claim by a microfinance organization, the debtor has the right to:
- File a counterclaim;
- Recognize the loan agreement as invalid;
- Apply to reduce the penalty.
An agreement can only be declared invalid after one year from the date of its conclusion. There are many reasons for terminating a contract. For example, if at the time of signing you were in a state of delusion, such a deal can be considered enslaving.
Advice
You also have the opportunity to minimize the amount of debt or achieve installment plans. To do this, write a response to the claim, in which indicate the reason why you did not pay the loan. Such a document will need to be supported by relevant evidence - for example, a certificate of illness.
Criminal Lawyer. Experience in this field since 2006.
