In case of delay in payment of utilities, the management company has the right to charge the tenant a penalty. If the tenant does not pay off his debt (on rent and penalties) in full, the question arises: what is closed first - the amount of the principal debt or the penalty? Can the order of repayment of the management company's monetary claims against the tenant be made in the manner prescribed by the agreement, even if the purpose of the payment is expressly indicated by the tenant in payment document?
Duty to pay a penalty
According to paragraph 14 of Art. 155 ZhK RF persons who have not timely and (or) not fully paid the payment for housing and utilities(debtors) are obliged to pay to the creditor a penalty in the amount of 1/300 of the refinancing rate of the Central Bank of the Russian Federation, the current at the time of payment , from amounts not paid on time for each day of delay starting from the next day after the due date of payment until the day of actual payment inclusive. An increase in the amount of fines provided for by this norm is not allowed.
AT subparagraph "a" of paragraph 50 of the Rules for the provision of public services states that the contractor has the right to demand payment for consumed utilities, and also (in cases established by federal laws and contract) payment of penalties (fines, penalties). AT subparagraph "h" paragraph 52 The rules say: the consumer is obliged to pay utility bills in a timely manner and in full. In case of failure to pay this fee within the prescribed period, the consumer pays a penalty fee to the contractor in the amount established by the Housing Code of the Russian Federation, which does not exempt the consumer from paying utility bills. Paragraph 78 rules fixed: persons who untimely and (or) not fully paid utility bills (debtors) are required to pay a fine to the executor in the amount established paragraph 14 of Art. 155 ZhK RF.
By virtue of clause 39 of the Rules for the provision of public services the amount of penalties (fines, penalties) for violation by the consumer of the terms of the contract, calculated in accordance with federal laws and the contract, is indicated by the contractor in a separate document sent to the consumer within five working days. The situation when the managing organization includes the amount of interest in the payment document for the month following the unpaid one, without waiting for the debt to be repaid, does not comply with the provisions of the law, since the refinancing rate that is in effect at the time of making the payment is used in the calculation of the interest. To calculate the amount of interest, you must set the delay period. Its beginning falls on the stipulated due date for payment. According to paragraph 1 of Art. 155 ZhK RF this is the 10th day of the month following the expired one, a different period may be established by the management agreement. The end of the delay period is the day the debt is actually paid.
Note:
In the new Rules for the provision of public services to owners and users of premises in apartment buildings and residential buildings regarding the payment of penalties (fines, penalties) contains provisions similar to the previous ones. They are enshrined in paragraphs. "a" p. 32, pp. "and" p. 34 and p. 159 of the named document.
The concept of penalties
Let's turn to Art. 330 of the Civil Code of the Russian Federation: a penalty (fine, penalty interest) is a sum of money determined by law or contract, which the debtor is obliged to pay to the creditor in case of non-performance or improper performance of the obligation (in particular, in case of delay in performance). Upon a demand for the payment of a penalty, the creditor is not obliged to prove the infliction of losses to him. According to p. 1, 2 art. 332 of the Civil Code of the Russian Federation he has the right to demand payment of a penalty determined by law (lawful penalty), regardless of whether the obligation to pay it is provided for by agreement of the parties. The amount of the legal penalty may be increased by agreement of the parties, unless the law prohibits it. The amount of the penalty for late or incomplete payment of utility bills cannot be increased, which is expressly provided for paragraph 14 of Art. 155 ZhK RF.
The sequence of repayment of the main and additional claims of the creditor
The sequence of repayment of claims under a monetary obligation is prescribed in Art. 319 of the Civil Code of the Russian Federation. This rule says: the amount of the payment made, insufficient to fulfill the monetary obligation in full, in the absence of another agreement, first of all, repays the creditor's costs of obtaining the performance, then interest, and in the remainder - the principal amount of the debt.
As explained by the Plenums of the Armed Forces of the Russian Federation and the Supreme Arbitration Court in clause 11 of the Decree of 08.10.1998 No. 13/14, when applied Art. 319 of the Civil Code of the Russian Federation it should be assumed that interest repaid before the principal amount of the debt means interest for the use of funds payable under a monetary obligation (in particular, interest for the use of the amount of a loan, credit, advance payment, prepayment, etc.). Interest for non-fulfillment or delay in the fulfillment of a monetary obligation, provided for Art. 395 of the Civil Code of the Russian Federation are repaid after the principal amount.
Recommendations for the application of the provisions Art. 319 of the Civil Code of the Russian Federation also set out in Information letter of the Presidium of the Supreme Arbitration Court of the Russian Federation dated October 20, 2010 No. 141(Further - Information mail). AT paragraph 1 of this letter, it is clarified that the costs of the creditor in obtaining performance are understood, for example, as payments that the creditor is obliged to make in connection with enforcement his claim against the debtor (in particular, the amount of the state duty paid by the creditor), and under interest - interest on the use of funds payable on a monetary obligation , including interest on the use of the amount of the loan, credit, advance payment, prepayment ( Art. 809 of the Civil Code of the Russian Federation). The Presidium of the Supreme Arbitration Court noted that Art. 319 of the Civil Code of the Russian Federation aimed, among other things, at protecting the interests of the creditor in a monetary obligation, therefore indication by the debtor in the payment document of the purpose of the amount paid by him (for example, the return of the principal amount of the debt on loan agreement) in itself does not matter when determining the procedure for repaying its obligations to the creditor, which is carried out according to the rules Art. 319 of the Civil Code of the Russian Federation.
However, in a situation where the managing organization issues penalties to the overdue debtor, it is necessary to be guided by clause 2 of the Information Letter. This paragraph explains that Art. 319 of the Civil Code of the Russian Federation does not regulate relationships related to bringing the debtor to liability for breach of obligation (ch. 25 of the Civil Code of the Russian Federation), but defines procedure for fulfilling a financial obligation assumed by the debtor at the conclusion of the contract. By agreement of the parties, the procedure for repayment of only those claims that are named in Art. 319 of the Civil Code of the Russian Federation(for example, the parties may establish that if the payment is insufficient, the debtor's obligation to pay interest is extinguished after the principal amount of the debt). An agreement providing that if the debtor does not fulfill a monetary obligation in full, the demand for the payment of a penalty, interest, provided for Art. 395 of the Civil Code of the Russian Federation Art. 319 of the Civil Code of the Russian Federation, is contrary to the meaning of this article and is void ( Art. 168 of the Civil Code of the Russian Federation).
The Presidium of the Supreme Arbitration Court clarified: requirements creditor for payment of a penalty , interest for the use of other people's funds ( Art. 395 of the Civil Code of the Russian Federation), as well as other monetary claims related to the application of measures of civil liability, may be voluntarily satisfied by the debtor both before and after satisfaction of the creditor's claims specified in Art. 319 of the Civil Code of the Russian Federation. Regulations Art. 319 of the Civil Code of the Russian Federation are not an obstacle for the creditor to bring a claim to the court for the recovery of a penalty or interest from the debtor for the use of other people's funds before repayment of the principal amount of the debt.
AT paragraph 3 of the Information Letter it is said: if the creditor incorrectly applied the provisions Art. 319 of the Civil Code of the Russian Federation, the debtor, in particular, has the right to raise appropriate objections when the court considers the claim of the creditor for the recovery Money on claims against the debtor (for example, on a claim for the collection of interest and principal).
Arbitration practice
For a more complete coverage of the issue, we invite readers to familiarize themselves with the conclusions of arbitration practice.
AT Determination of the Supreme Arbitration Court of the Russian Federation of September 30, 2010 No. VAC-12907/10 the conclusion is made: the dispositive construction of Art. 319 of the Civil Code of the Russian Federation implies the possibility for the parties to change the procedure for repaying claims established by the framework of this article. The creditor is not entitled to provide in the contract for the direction of funds received from the debtor primarily for the repayment of forfeits, since the forfeit in its legal nature does not apply to financial obligations
, but is a sanction (measure of responsibility) for improper performance of a monetary obligation.
FAS MO in Decree of June 23, 2011 No. KG-A40 / 5204 11 notes: Art. 319 of the Civil Code of the Russian Federation the procedure for fulfilling a monetary obligation is established, but it does not indicate the order of payment of monetary amounts charged in case of violation of a monetary obligation (fine interest, penalty, losses), it does not regulate relations arising from late payment, including relations arising from the payment of a penalty or interest accrued on Art. 395 of the Civil Code of the Russian Federation. According to Art. 319 of the Civil Code of the Russian Federation and the recommendations of the Presidium of the Supreme Arbitration Court given in information letter, by agreement of the parties, the procedure for repayment of only those claims that are named in Art. 319 of the Civil Code of the Russian Federation(for example, the parties may establish that if the payment is insufficient, the debtor's obligation to pay interest is extinguished after the principal amount of the debt). The creditor is not entitled to provide in the contract for the direction of funds received from the debtor primarily to pay off the penalty, since by its legal nature it does not relate to a monetary obligation, but is a sanction (measure of responsibility) for improper performance of a monetary obligation. An agreement providing that if the debtor does not fulfill a monetary obligation in full, the demand for payment of a penalty, interest, established Art. 395 of the Civil Code of the Russian Federation, or other claims related to the breach of obligation shall be extinguished before the claims named in Art. 319 of the Civil Code of the Russian Federation, is contrary to the meaning of this article and is void in accordance with Art. 168 of the Civil Code of the Russian Federation. Similar conclusions were made in the decisions of the Federal Antimonopoly Service of the Higher Security Council dated June 15, 2011 No. A19-15136 / 10, the Eighteenth Arbitration Court of Appeal dated May 6, 2011 No. 18AP-3634 / 2011. AT Decree of March 17, 2011 No. 17AP-1276/2011 GK Seventeenth Arbitration Court of Appeal, based on clause 11 of the Decree of the Plenum of the Supreme Court of the Russian Federation No. 13, Plenum of the Supreme Arbitration Court of the Russian Federation No. 14 dated 08.10.1998, came to the conclusion that interest, which is a measure of civil liability, is repaid after the amount of the principal debt. AT Decree No. А45-19192/2010 dated May 23, 2011 FAS ZSO pointed out that the priority attribution of the amount of payment to the repayment of the penalty is contrary to Art. 319, 329 and 330 of the Civil Code of the Russian Federation, depriving the penalty, which is an accessory obligation, of its security character, and, in addition, prevents the fulfillment of the main obligations (for example, the return of the principal debt) and artificially increases both the debtor's debt and his liability under the contract. Eighth Arbitration Court of Appeal Decree No. A81-3293/2010 dated May 25, 2011 noted: by agreement of the parties within the meaning Art. 319 of the Civil Code of the Russian Federation the order of repayment of the debt can be established, and not the penalty, which is a security obligation. The provisions of this article do not provide for the repayment of the penalty before the repayment of the principal debt.
First Arbitration Court of Appeal in Decree No. А43-29067/2010 of May 17, 2011 clarified: given that the penalty (fine, penalty) due to Art. 329 of the Civil Code of the Russian Federation is a way to ensure the fulfillment of an obligation and is applied when a party violates an obligation; it cannot be repaid earlier than the principal debt. Eighth Arbitration Court of Appeal Decree No. А81-3293/2010 dated April 20, 2011 indicated the following. Article 319 of the Civil Code of the Russian Federation an exhaustive list of monetary obligations has been established, the order of repayment of which can be changed by agreement of the parties, and the legislator does not include a penalty as a means of ensuring the fulfillment of the main obligation in this list.
It cannot be repaid before the principal debt. FAS PO in Decree No. А55-36374/2009 of October 19, 2010 concluded that it makes sense Art. 319 of the Civil Code of the Russian Federation we are talking about the amount of the monetary obligation as a whole, that is, the principal amount of the debt that the debtor is obliged to repay to the creditor, and additional - in the form of payment for the use of borrowed funds, as well as the creditor's expenses for obtaining the debt due to the creditor in the normal development of the legal relationship, then exists in the absence of violation. Interest repaid before the principal amount of the debt means interest for the use of funds payable under a monetary obligation (in particular, interest for the use of the amount of a loan, credit, advance payment, prepayment). By virtue of Art. 330 of the Civil Code of the Russian Federation together with Art. 393, 394 of the Civil Code of the Russian Federation a penalty is a measure of property liability applied for the very fact of non-fulfillment or improper fulfillment of an obligation by the debtor, which excludes the application of provisions to the penalty Art. 319 of the Civil Code of the Russian Federation. Seventh Arbitration Court of Appeal Decree of March 16, 2011 No. 07A P-1094/11 (A45-19192/2010) citing at st. 319 of the Civil Code of the Russian Federation and Resolution of the Plenum of the Supreme Court of the Russian Federation No. 13, Plenum of the Supreme Arbitration Court of the Russian Federation No. 14 noted: the norms of the current legislation do not provide for the possibility of repaying the penalty before repayment of the principal debt, the terms of the contract otherwise are void. Since the creditor unlawfully repaid penalties from the payment received, and not the principal debt, as it should have done, the court recalculated the amount of the principal debt of the debtor.
The court rejected the creditor's arguments that the terms of the agreement on the priority repayment of claims for the payment of a penalty, and not the principal debt, were included in the agreement by mutual agreement of the parties, which corresponds to Art. 421 of the Civil Code of the Russian Federation and the current legislation, which does not prohibit the parties to the agreement from establishing a convenient procedure for the distribution of the amounts received. The arbitrators emphasized that by agreement of the parties, the procedure for repaying only those claims that are named in Art. 319 of the Civil Code of the Russian Federation.
An agreement providing that if the debtor does not fulfill a monetary obligation in full, the claims for the payment of a penalty are paid off earlier than the claims named in Art. 319 of the Civil Code of the Russian Federation, is contrary to the meaning of this article and is void. At the same time, the indication in the payment document of the purpose of payment - “payment of penalties” - does not give the creditor the right to offset the amounts received in violation of the procedure provided for Art. 319 of the Civil Code of the Russian Federation. However, please note that the FAS UO in Decree of 09.03.2011 No. F09-7968 / 10 C3, considering a dispute regarding the illegality of the distribution of funds received by the creditor from the debtor, in the manner stipulated by the agreement(first of all, penalties were paid off, and then - the amount of the principal debt), noted the following. Defendant's objections concern the distribution of amounts previously paid by him voluntarily in the manner prescribed by the contract . Taking into account the principle of stability of contractual relations and the circumstances established in the case, there are no grounds for changing the procedure for calculating these amounts and invalidating the actions of the creditor to set off the money paid against the penalty. After all, according to information letter the creditor's claims for the payment of a penalty may be voluntarily satisfied by the debtor both before and after satisfaction of the creditor's claims specified in the Art. 319 of the Civil Code of the Russian Federation. As you can see, opinions arbitration courts disagreed on the question of the voluntary actions of the debtor, who had no objections to the order of repayment of the creditor's claims established by agreement of the parties and, perhaps, even put the mark "payment of fines" in the purpose of payment. We believe that uniformity in the interpretation of the norms of law by the courts in this case can be achieved only after receiving the appropriate explanations from the supreme arbitrators.
Penalty provided for paragraph 14 of Art. 155 of the Civil Code of the Russian Federation, constitutes a legal penalty. According to Art. 319 of the Civil Code of the Russian Federation the amount of the payment made, insufficient to fulfill the monetary obligation in full, in the absence of another agreement, first of all, repays the costs of the creditor for obtaining the performance, then - interest, and in the remainder - the principal amount of the debt.
This rule does not apply to damages. Terms of the management agreement apartment building, according to which, when the debtor fulfills a monetary obligation not in full, the requirements for the payment of penalties are repaid earlier than the amount of the principal debt, contradicts the meaning Art. 319 of the Civil Code of the Russian Federation and is null ( Art. 168 of the Civil Code of the Russian Federation). Meanwhile, the requirements of the managing organization for the payment of penalties can be voluntarily satisfied by the debtor both before and after repayment of the principal debt.
As of the beginning of 2016, the average Russian family owed 247,000 ₽ on loans. And if we remove families that do not have debts from these statistics, then on average each one bears a burden of 494,000 ₽.
You can understand the problems of people and why some of them hide their heads in the sand. Many people are afraid of having a lot of money and therefore simply choose to borrow, which leads to big expenses.
And sometimes we just get tired of living paycheck to paycheck and decide that we need a better life, and that's NORMAL.
But sometimes there is an emergency situation and people are forced to face problems face to face. A solid black streak: a sudden loss of a job, an unexpected (and expensive) car repair, or a serious illness can all make the minimum monthly payment of debts barely possible. And it is at such moments that we finally realize how important the financial situation is.
You should not let it be decided for you how to live. So that they dictate what standard of living you will have, that now you have to live more modestly and save on everything. How to pay off the loan faster? For many people, getting out of debt in the most brutal way is the best and only way to take control of their lives and future.
How to get out of debt?
Unfortunately, there can be a lot of hard work between realizing that you need to pay off your debts and paying them off. Regardless of the type of debt, it can take years or even decades to pay off.
Fortunately, there are several strategies that can help you pay off debt faster and much less painfully. If you're intent on paying them off in full, check out these old tried and tested strategies:
If you have an average loan debt of 494,000 rubles and an average of 20% per annum, then payments minimum payments in the amount of 13,000 ₽/month will be extended for 5 years. And that's only if you're not using a credit card and taking out other loans all the time, which can be difficult.
One of better ways how to get out of debt (by card, consumer, car, etc.) - pay more than the minimum every month. Not only will this help you save on interest rates over the life of the debt, but it will also speed up repayments. To avoid any problems, before using this strategy, make sure that early repayment you will not be charged a fine or commission.
If you're in the mood to pay more than the minimum monthly payment on loans and other loans, consider using the snowball method to speed up the repayment process even more and gradually build up the pace.
First you need to make a list of all debts, from smallest to largest. Spend all your extra funds on paying off the smallest loans, while paying the minimum on large ones. After paying off the smallest debt, continue with the next smallest, and so on.
Over time, all small debts will disappear one by one, which will save you money in order to start paying off large ones. This "snowball method" allows you to pay out first smallest loans, resulting in the psychological effect of "small wins" while the big ones are left for dessert. Ultimately, the goal is to throw money snowballs at your debt until you get through it, and then you're free.
A debt snowball attack will speed up the process, but making extra money will make your efforts even more visible. Almost everyone has some kind of talent or skill to earn, such as translating text, drawing a picture, solving a problem, or becoming a virtual assistant.
With sites like work-zilla and fl.ru, almost anyone can find a way to make extra money. The key is to use Additional income only to pay off debts.
If you really want to understand and pay off your loans faster, you need to cut spending as much as possible. For example, you can live as budget as possible, with this strategy you will reduce expenses to a minimum. Keep going at this pace for as long as you can.
This method is suitable for everyone, but for each it is individual. You should always avoid any "extra" expenses such as restaurants, taxis or other unnecessary expenses. As long as you live in such a rigid rhythm, you will be able to pay off your debts much more.
Remember: this strategy is for temporary use. Once you've paid off your debts or are much closer to paying off your debts, you can start adding other expenses back into your monthly budget.
If you are looking for a way to quick receipt money, you should pay attention to your things. Most of us have something here and there that we rarely use and can live without. Why not sell it and use the profit to pay off debt?
Think about selling goods on one of the Internet sites, this is the cheapest and easiest way to sell unnecessary things and make a profit.
With the holidays approaching, many are looking for temporary employees to make more money during busy days. If you are ready, you can take one of these jobs and earn extra money for early repayment.
Even outside of holidays, a variety of temporary jobs may be available. In spring and summer, it is necessary to work in the dachas - to dig, build, plant trees and shrubs. In the autumn they look for workers to harvest the crops.
To sum it up: regardless of the time of year, additional work without long-term commitment is available and within easy reach.
How to get out of debt if the interest rate on your credit card is so high that you feel it is next to impossible to pay off your debts? It is worth calling or going to the bank to talk. Believe it or not, it's okay to ask for a smaller percentage. And if you have a good credit history, then there is a chance that you will get an interest rate cut.
For example, you opened the card when the % was too high, and now the conditions are more attractive. In this case, payments new map with a lower interest rate will be more profitable and the burden on the budget will be reduced.
Not only about interest on credit cards, but also about some other loans can be negotiated. You should always remember: the worst thing bank employees can say is no. And the less you spend on fixed costs, the more you can pay off debt.
Most people come across times during the year where they "find the money". Maybe you got a promotion, a bonus, or an inheritance. Or maybe you're counting on the fat wad of money you'll receive in the form of tuition, medical, or mortgage tax refunds. No matter where you "found the money", it will bring you closer to getting out of debt.
Every time you suddenly receive some income, you can use this money to pay off some of the debt. If you are using the snowball method, use the money to pay off the smallest loans. And if you only have large debts left, you can use the money received to significantly reduce them.
If you're in debt and constantly thinking about how to cut your monthly expenses, it might be a good idea to take stock of your habits. No matter what you spend money on every day, you should track all these expenses. This way, you will evaluate whether these expenses are really worth it and come up with ways to minimize or even get rid of them.
If you spend a lot on cigarettes and alcoholic beverages, stop drinking and smoking. Alcohol and tobacco do nothing for you, only stand between you and your long-term goals. If you have less expensive habits, like morning lattes, lunches at restaurants during work hours, or fast food, the best thing to do is to get rid of them or replace them with something less expensive. And one more strategy, how to repay the loan faster:
Each of us has some kind of temptation. For some, it may be a supermarket or a favorite online store. For others, it is a trip to a restaurant dear to their hearts to taste delicious food. And for those who are prone to spending - too much temptation.
Regardless of the degree of temptation, it is best to avoid it until you have paid off your debts. When you constantly feel like spending, it can be difficult to avoid new loans, let alone pay off old ones.
So, in order to avoid dozens of temptations, try to get home by another way. Avoid shopping centers and keep in the refrigerator the necessary products that do not need to be spent a lot. If possible, hide the credit card somewhere for the time being. You can always get it again after you pay off your debts.
It's easy to keep living in debt if you don't have to deal with a sudden disaster. But when it arrives, you reconsider your views in a hurry.
It's also pretty easy to get paycheck-to-paycheck syndrome and then look for ways to shed that crushing weight. a large number loans.
Regardless of the type of debt you have, be it a credit card, consumer loans, car loans or something else, it is important to know that there is always a way out.
How to get out of debt and loans? It won't happen overnight, it takes time and liberation will surely come, you just need to create a plan and stick to it.
No matter what plan you have, any of these strategies will help you pay off your debts faster. And the sooner you get rid of them, the sooner you will begin to live the life you really want to live.
What strategies have you used to quickly repay loans? Have you tried anything from this list?
Many of us are faced with the procedure for applying for a loan. And at the time of execution of the contract, we usually imagine exactly how we will pay the bank. But at any moment, unforeseen circumstances can occur. A demotion, a layoff, or an unexpected illness ruins all our plans, turning a loan into an unbearable burden. To how to pay off debts if there is no money?
By signing an agreement with the bank, you undertake to pay a certain amount once a month for.
All banking systems provide for the option of non-payment of debt. Especially in recent times, this problem has become quite common. Therefore, the same contract specifies all the consequences in case of debt of the borrower.
As a rule, banks use two methods of obtaining debts:
Collection of property occurs in two scenarios: up to trial bank with the borrower or filing a lawsuit. In the first case, banks resort to the help of collectors who describe your property and make sure that you fulfill your part of the contract.
To date, the powers of collectors are clearly controlled by law. A few years ago, their work included threats, blackmail, calls at any time of the day to both the borrower and his acquaintances.
Since 2015, the law has banned collectors from making phone calls of any nature between 22:00 and 08:00, and also decided to consider any threats against the debtor a crime. If, at the request of the bank, a trial followed, you receive a specific amount for payment along with fines and penalties.
The size of the compulsory recovery is regulated by the court. Most often, the following obligations are imposed on debtors:
If you are sure that in the near future you will be able to resume payment on the loan, you need to apply to the court for a delay in the execution of the decision. In this case, you will be able to save your financial savings and property.
In order for the court to grant an installment plan or defer collection, you need to indicate a good reason why you are delaying payments to the bank.
If you do not get in touch with the bank, and the amount of your loan exceeds one and a half million rubles, then the institution will regard your action as evasion from repaying the loan. In this case, you are subject to criminal liability.
Criminal penalties for fraud will be incurred by those customers who used false information about themselves to obtain a loan. However, in order to prove the debtor's guilt, the bank will need to collect a lot of documents. And it will be almost impossible to confirm the fact of your fraud, if before that you regularly paid the debt.
Many people sooner or later begin to think about how to pay off debts if they have no money? Some of them panic and start either hiding from the bank or getting into even more debt. But if you act thoughtfully, you can easily find a way out of this situation. Let's look at ways to solve this problem.
First you need to contact a lawyer. It is with competent legal assistance you will be able to properly build a dialogue with the bank and find a compromise.
Have your lawyer carefully review the contract - you can find loopholes there that will be useful to you. In addition, in this way you can avoid additional fees or insurance that bank lawyers can include in the amount of debt.
After that, you need to get a document from your bank with information about all the payments you made, the amount of debt and the delay period.
Next, you should inform the bank about your financial problem. To do this, you must write a written statement indicating the reason for non-payment of the loan. The letter can be taken personally to the bank branch or sent by mail.
After the application is sent to the office, expect a call from the bank.
In no case should you avoid the conversation. On the contrary, contacting the bank will help you get more loyal terms for debt repayment. In order for the bank to offer you more profitable terms, think about how serious your financial problems are. To do this, you need to decide how soon you will be able to fully pay the loan again.
There are three main scenarios for the development of events:
Listen carefully to everything that is offered to you. The bank officer will explain everything to you possible options solutions to your problem.
If possible, ask for additional time to consider the terms. A hastily made wrong decision is not beneficial for either side. If you find it difficult to evaluate all the disadvantages and advantages of the offer, it is better to consult a lawyer and only after that give an answer to the bank.
If you failed to reach a compromise during a dialogue with the bank, get ready for a court hearing. And remember that having everything required documents and the presence of a good lawyer is the key to a more favorable court decision for you.
- the main reason why banks go to court. The main thing to remember is that what is a serious problem for you, for financial institutions- a common occurrence.
If you manage to competently approach this situation, then you can quickly pay off the debt with minimal damage to yourself. Here are some tips to help you avoid serious mistakes:
If you realize in time that you cannot pay the loan at the moment, contact the bank yourself with an explanation of the reason for non-payment and together look for ways to pay the loan, so you can avoid unnecessary problems.
The bankruptcy procedure in expanded form is presented in the following video:
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15.04.2016This article will show you how you can solve the problem of credit card debt and reduce total amount overpayments. Separately, we note the situation when there are several open credit cards.
Today, millions of Russians receive credit cards in banks, since they have many advantages, among which are a simple registration procedure, convenience and ease of payment. This method allows you to solve temporary financial difficulties and purchase essential goods.
Many credit card holders have time to withdraw money and then pay off the debt in Grace period, that is, when interest on the use of funds is not accrued. On average, it is 2 months, but there are proposals from Russian banks for which the grace period is 120 days. After its completion, rather big interest is charged, therefore, it is in the interests of the borrower to pay off the debt as soon as possible, because interest rates credit cards, which can be issued in Russian banks, today range from 18% to 39.9%.
Whenever possible, payments should be made as this will reduce the amount of the overpayment. Sometimes it's better to forego the purchase of any goods in order to pay off your credit card debt as quickly as possible. In practice, the borrower is required to pay twice the amount of the monthly payment.
2. Making payments not according to the debt repayment schedule
Often, banks issue a schedule for making regular payments along with the card. It is calculated for the entire term of the credit card agreement. Thus, the repayment period can be calculated a year in advance. Such a scheme is beneficial to the bank, but not to the borrower, since the schedule is designed so that the overpayment amount is maximum. Therefore, it is more profitable for the borrower to deposit the maximum possible amount in order to repay the debt faster and minimize the overpayment.
Repayment schedules are drawn up without taking into account the re-cashing of funds from credit card. If you make payments based on such a scheme, then you can not pay off the debt even within a year.
If you no longer need to use a credit card, you can contact the bank to close it. You need to clarify the amount of debt with a bank employee and draw up a new repayment schedule with him. To do this, the borrower must determine the maximum amount he is willing to replenish his credit card every month so that he has money left to meet current needs.
Periodic reconciliation is required to ensure that payments are received and credited in full. This can be done at a bank branch personal account Internet banking or call the call center operator.
For all additional services, such as SMS notifications about receipts and expenditures of funds, Internet banking, payments are accrued. At first glance, the cost of such services is small, but despite this, the refusal of services will save a little and send money to pay off the debt.
Often, the borrower has several credit cards, and in this case, it will be more difficult to pay off debts. In this case, financial experts give the following recommendations:
1. First of all, you should pay off the debt on the card, where the most high interest. And the first step is to do the calculations. Let's say there are two cards. On one debt is 1,500 rubles, but interest is charged in the amount of 30%, and the debt on the second card is 10,000 rubles, while 18% per annum is charged. Of course, you need to immediately pay off the debt on the second card, since the amount of interest accrued on it is greater.
2. You can use the "snowball method", which involves paying off the smallest debt first, and then the larger ones. Many experts believe that this approach motivates the debtor to pay all debts as soon as possible.
3. If a large debt has formed on several cards, it is advisable to think about an additional source of income so as not to fall into a debt hole. This may be a part-time job in the evening, the sale of unnecessary property, the search for alternative lending options.
After paying off the debt on a credit card, you must definitely come to the bank and make sure that it is closed. If this is not done, then in a few months banking institution may charge a commission for servicing the account and demand its payment. Documentary confirmation of the closing of a credit card is a certificate of no debt.
