A loan of 220 and 90 thousand was taken, they paid half a year, then there was a delay of 2 months, an SMS came that the bank had transferred the case to collectors, contact them. , they say, repeat exactly, return 220 thousand, return 90 thousand with great psychological pressure, this was repeated, as I understand it, it was recorded with them. So, a letter came from the bank that we have a debt, we must pay it within 14 days, or the case will be taken to court, etc.
Lawyer Answer:
Dear Alexander!
You in this naturally deplorable story are already number 10,000 ???, who are faced with real and virtual demands for the repayment of a loan with interest ...
There are no "collectors" in Russia, just as there are no Regulations on "collectors", on their rights and obligations ... this is a fictional foreign term ...
But there are naturally thousands of "intermediaries", moreover, impudent, boorish, who on a paid basis "knock out" for Banks and not only debts from borrowers and other debtors by various methods (frequent phone calls, sms, letters with dangers, etc. .).
What can (and should) you do?
1. Calm down...
2. Look closely again at the loan contract...and the monthly payment schedule.
3. Estimate + - how much you paid the Bank for a loan and interest on it ...
4. Estimate + - how much you may have a debt on a loan, interest and maybe on penalties (this can be seen from the contract and the repayment schedule).
Good afternoon! Collectors, and not one, demand to return a debt 10 years ago. They call from different offices. There is no legal basis, no documents. I want to ask:
Is Federal Law 152 On Personal Data, issued in 2006 (agreement 2004) violated?
How to make a claim (warning) to collectors
Thank you!
Lawyer Answer:
It makes no sense to enter into a dialogue with collectors and send claims to them. Write a statement to the police that unknown persons are extracting funds from you
Ignore them, this is the most common. Term limitation period has long been omitted (Article 196 of the Civil Code of the Russian Federation), and therefore they will not achieve anything even in court
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Hello! I had a debt of 100 thousand rubles to the bank. The bank sold this debt to a collection agency. The bank gave me a paper that I did not owe him anything, but a debt to a new creditor to a collection agency. I turned to a lawyer, an anti-collection agency. Lawyer for six months Tried to negotiate with them to reduce the amount of debt, but could not. Now he wants to sue to recognize that the transaction is between the bank and the collection. agency is not valid. If the court finds it invalid, will I owe the bank something?
Lawyer Answer:
You should not believe either a lawyer or collectors.
It's not worth it to pay collectors just like that, they will milk you for the rest of your life.
Let the collection agency sue you, in court you will ask to apply Article 333 of the Civil Code of the Russian Federation, say that the penalty is disproportionate, and penalties with fines will be significantly reduced.
Hello. You do not need any court, this is a dishonest lawyer who wants to do work for himself in order to get funds from you. Look at the contract, maybe the statute of limitations has expired.
Business with the bank and with those who call themselves collectors should be built as follows:
1. Any phone number of collectors should be blacklisted and no longer pick up the phone. Rostelecom and other operators also have a "black list" service.
2. Debt, nevertheless, remains debt, therefore it is better to extinguish it. If you consider the interest to be the highest, you should contact other banks in order to refinance the debt (lower the interest rate).
3. If there is a court decision against you, hurry to apply to the court that made the decision with an application for an installment payment of the debt and immediately transfer it to the service bailiffs a copy of such your statement with a mark of the court on its acceptance.
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Good afternoon, my husband died in 2011! The bank transferred his debt to collectors, I didn’t sign any documents for a loan, I didn’t enter into an inheritance, because there is no inheritance. The apartment is not privatized. The EOS collection agency constantly calls, threatens, demands the return of the debt. They threaten that they will come with bailiffs to describe the property. Tell me what to do. I sent them the documents by registered mail (a copy of the death certificate, from a notary that they did not inherit, and a certificate that it was not privatized
Lawyer Answer:
Since you did not perceive the inheritance, accordingly, you should not be liable for the debts of the testator. Threaten the collectors that you will contact the police with a statement about extortion of money.
Natalia, Ufa!
ASSIGNMENT OF THE RIGHT OF CLAIM OF DEBTS by the Bank in favor of Third Parties could be carried out only after a written notification to you of the Notice of Assignment of the Right of Claim, together with the ORIGINAL Contract of Assignment of the Right of Claim with original signatures and wet seals, written notice to you of the assignment of the debt.
In addition, currently there is NO Federal Law “On Collectors and Collector Activities in the Russian Federation”.
DO NOT transfer any documents to them and DO NOT conduct negotiations with the so-called collectors.
I wish you good luck Vladimir Nikolaevich
Ufa 23.01.2013
13:02 Moscow time
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Good evening! My phone number is receiving calls and messages demanding repayment of a debt from NVS LLC. The fact is that they demand to pay for a person whom I do not know at all and in my environment there is no such person with such a surname at all, now I am on maternity leave and do not communicate with anyone so that such acquaintances appear. No matter how I tried to explain that I don’t know such a person, they still call, but they call day and night 15-20 times. Where should I go? I do not want to change the number not by my mistake.
Lawyer Answer:
Police statement.
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Hello, I took a loan for a business of 1,000,000 a year later, the business began to decline, as the profit began to go to treat a disabled child of 3 years old. A debt to the bank was formed, collectors call and demand to return the debt. But I have nothing to pay money barely enough to provide for my family. I thought to declare myself bankrupt in court, maybe this will help, I have one apartment, more precisely, the second share of my sister, she is 14 years old. She is an orphan, our parents died in 2010. Guardianship of her was taken by her aunt.
Lawyer Answer:
In your case, or write an application for loan restructuring, if banks refuse to restructure and you have delays, wait for the banks to go to court. In court according to Art. 333 of the Civil Code of the Russian Federation, you have the right to file a petition for a reduction in the penalty, thereby reducing the debt to the creditor. The courts usually favor the borrowers.
According to the Law of the Russian Federation of 07.02.1992 N 2300-1 "On Protection of Consumer Rights", the assignment of claims to collectors is prohibited, unless otherwise provided by the lending contract. If you are threatened by collectors, then you need to contact the police with a written statement about extortion in accordance with Article 163 of the Criminal Code of the Russian Federation.
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They call from Vostok-Finance, they demand to return the debt for the loan taken in Home-Credit 7 years ago. This loan was paid in full on time. What to do?
Lawyer Answer:
Collectors are impudent and unceremonious people, but with all this, in principle, they have no rights. All that they allow for themselves is what you allow them. Entering into negotiations with them means giving them a reason to believe that you can be “pressed”.
Contrary to what they say, these people DO NOT HAVE THE RIGHT:
- enter your home;
— inspect, outline or seize your property or accounts;
— prohibit you from leaving the borders of the Russian Federation or arrest you;
- take away your children, deprive you of parental rights, fire you from work.
Do not enter into communication with the person who called you, do not call yourself, if calls come to your mobile phone - block incoming calls from these numbers. Do not agree to personal meetings, but you can offer them to file a lawsuit with the court (claims are filed according to the rules of Articles 131, 132 of the Code of Civil Procedure of the Russian Federation). These persons cannot do anything to you, but if they rudely invade your personal life, write a statement to the prosecutor's office or the police.
Until there was a trial and, according to the court decision that entered into force, an enforcement establishment was not initiated (Art.
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Good evening!
Please advise on the following:
The husband, with whom we have not lived in a place for 10 years, but are not divorced, took money from the Fast Money organization (such as payday cash) and listed me as an additional contact person without my knowledge. He cannot repay the debt, so now they are calling me and demanding his debts from me. And today they also sent an SMS that if within two days if I do not pay the debts for my husband, then they will come to my home or work
Where should I go so that they don’t pester me and on what basis they can demand money from me, I didn’t sign anywhere and didn’t know at all.
Answer of the lawyer on the topic of the question: - Debt collectors demand repayment
An application to the police department for the recruitment to legal liability of persons unknown to you, who, in the period from ... to the present time, by means of telephone calls and SMS from the XXXXXXX number to your XXXXXXX number, are pulling funds from you. You are not in any legal relationship with any creditors... Etc. in detail.
Good luck.
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I took a loan from Home Credit and Finance Bank on March 12, 2011. I paid for almost a year. There were problems in the family, a divorce. I received a letter from Creditexpress that they received the status of a new creditor and demanded to pay a debt in the amount of 65,000 thousand rubles, although I took a loan in the amount of 35,900. I am ready pay but not Creditexpress. they threaten to sue and describe the property and the court. please help me figure it out, I'm already confused. I have four children who call every day and threaten. Thank you in advance!
Lawyer Answer:
Do not pay anything, wait for the trial, demand in court to reduce the penalties and accrued fines
after the court makes a decision - file an application with the court for an installment plan for the implementation of the decision
as a result, you will have a fixed debt that you will pay every month
if you pay at the moment, then you need to take a certificate of debt from the bank and extinguish it all at once
otherwise, you will simply pay off interest, and the debt itself will not decrease, but will only grow
in your case, the best thing is to wait for the court, and not respond to calls.
if creditors could get everything from you through the court, they would immediately turn to it.
but it’s not profitable for them, that’s why they intimidate you, counting on your ignorance
Sincerely, D.V. Lyubeznov
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Hello. Tell me, please, are the actions of collectors legal if they call at 22:00 and at the same time demand the return of the debt to the bank? What to do if the collector calls and at the same time insults and threatens? bank?
Lawyer Answer:
Hello Alexander!
The activities of the so-called collectors (read crooks) are definitely illegal. Since the cession contract between the bank and the crooks is pathetic (illegal), then, according to Article 166 Part 2 of the Civil Code of the Russian Federation, the requirement to apply the consequences of the invalidity of the pathetic transaction can be presented by any interested person. As for the threats to your address, write them down on the recorder and run to the police with a statement.
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Collectors call me and demand to return the debt that I had to Alfa-Bank. They say that they bought the debt. What documents should I require from them to find out about the legality of their actions? Thank you!
Lawyer Answer:
There must be a contract for the assignment of rights (requirement), it can also be called an assignment contract, between the bank and the collection company.
Respectfully, Tatyana Strokova, Director of Avesta Company LLC
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Collectors from different numbers call every day and demand to return the debt, but I don’t have the opportunity because I was fired from work for health reasons, they communicate with me in a rude manner and threaten that they will come home and describe the property, I’m afraid not to call relatives if they suddenly come home what to do? in my arms Small child I'm afraid that they won't frighten her, and the collectors also call me stupid
Lawyer Answer:
Do not react to them, all they can do is go to court
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Good afternoon! For several months, in the evenings (after 22.00), a collector from Moscow began to call my mother on her mobile with a demand to return a non-existent debt on a loan. Moreover, the debt itself is attributed to a completely stranger and they call my mother, thinking that she is the very debtor. Talking in a good way does not help, they say, there are no such people on this phone and there never was, please do not call again, they have no response. Everything continues the next day. The collector who calls refuses to give his full name, only the name of the agency was knocked out of him, threatens with an article for harboring a debtor, insults, humiliates, tries to shut his mouth during a conversation.
Lawyer Answer:
Write an application to the territorial police department.
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On March 12, 2006, I signed an agreement with Sibacadem Bank OJSC for 24 months. I paid regularly for 12 months. Then I lost my job. The first letter I received a letter from local collectors demanding the collection of a debt from me. . May 12, 2012 from OAO PKB Khabarovsk with three repayment options. 1) Voluntary repayment by payment, Amount 31,665 rubles, discount 13,570.2) voluntary repayment according to schedule 3,204. discount amount 6,785.3) repayment through a bailiff amount 64,959.28 to be enforced.
Lawyer Answer:
Natalia. I did not quite understand the duration of the contract and the type of loan product. But if I remember correctly, the statute of limitations has passed. And you will be able to ignore the requirements for the return of the debt, especially the collectors. If an enforcement agency has been initiated, then communicate only with bailiffs. http://advokat-kr.ru/
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Good afternoon!!! I apologize in advance if I repeat someone's topic! The situation is as follows: I took a loan in Russian Standard more than 10 years ago ... The amount is 20,000 rubles. I didn’t pay anything, first they called home and at work, then they calmed down. place of residence, and phone number and work. I already forgot about them. And finally it happened! A letter came from the Debt Collection Agency, they write that the letter is already repeated, that my contract with BRS was assigned to them, that I urgently need to contact the ASD, they sent a receipt with details and, of course, a list of articles for which they are going to prosecute me ... Of course, at first I was horrified, let's call them, I didn’t get through, panic began, etc. Then I studied the information on your site and seemed to calm down. Please tell me if I understand correctly that the LED has expired, that I need to wait for an attack from the ASD, threats, calls, visits, etc. But, unless of course they sue, declare there the expiration of the SID. Being on the site, you seem to understand everything and calm down ... And then you scroll through it in your head, you start to panic and look around ... Thank you for your site !!! Response from site site Hello Sergey. Glad the site has been of some help to you. The situation is new for sequoia.rf, so 100% deserves a separate article. The statute of limitations is the ability to legally submit claims to the court and collect any amounts on a loan obligation. Time period for legal entities, such as a bank or a collection agency, is 3 years from the date of violation of each payment under the agreement (part 1 of article 196 of the Civil Code of the Russian Federation). Judging by the period you indicated, when you were given a loan, more than 10 years ago, it is difficult to imagine that it has not expired, and for all payments. AID is never restored for legal entities, which was precisely stated in their Decree of the Plenum of the Supreme Arbitration Court and the Supreme Court of the Russian Federation on February 28, 1995 No. 2/1. Its last paragraph reads: “Courts should keep in mind that the limitation period missed by a legal entity, as well as a citizen-entrepreneur on claims related to the implementation of entrepreneurial activity, is not recoverable, regardless of the reasons for its omission. The bank, realizing that the SID has squandered, throws off the debt to collectors for a penny. Previously, agencies were even more illiterate and picked up almost everything they could earn on. In addition, they believe, and not without reason, that the majority of Russian citizens are illiterate in terms of their rights, which means that they will be able to “wash their ears”, pressure or otherwise intimidate them into believing that they still owe. All articles, and there are usually three of them: 159 of the Criminal Code Fraud, 177 of the Criminal Code of the Russian Federation Malicious evasion of paying accounts payable and 165 of the Criminal Code of the Russian Federation - are the standard for the activities of any collection agency, and now, alas, the security services of almost any bank. They cannot relate to you. If they pester, immediately say that they should sue, and you will figure it out there. Traveling groups go to the police-militia and show their "coolness" there, if they can. Don't let anyone into your home! You have every right to do so! The police will arrive, and if someone else remains there, which is extremely unlikely, then you can go out and have fun, saying that you will consider everything in a civilized, LEGAL, judicial manner. Another important point if you have a dialogue about SID. Remember that regardless of when there was an assignment agreement (assignment of claims) under your loan agreement, the limitation period is not interrupted by this agreement. Legislatively, this postulate is enshrined in Article 201 of the Civil Code of the Russian Federation: “A change of persons in an obligation does not entail a change in the limitation period and the procedure for its calculation.” Your debt could be "resold" to whom and as many times as you like, these are all the problems of those who buy and sell. The SID began from the moment you stopped paying, I hope you did not send official letters to the bank and did not answer them by mail to them, because there is something else they can try to portray in court. It seems that the groundwork of more than ten years has clearly closed all these possible moments. As for what you should do in court, everyone wrote correctly. It is advisable not verbally, but in writing to inform the court that the limitation period has expired, referring to Article 196 of the Civil Code of the Russian Federation, where it is indicated at three years, as well as to the paragraph of the Resolution, the details of which are written above, where we repeat, a clear clarification to the courts that the AID of legal entities is not restored under any circumstances. You can also add about 201 of the Civil Code of the Russian Federation. Judges are not as stupid as we are often told in the media, the main thing is to help them by pointing out the norms of the Law, since not everyone knows them exactly, especially with regard to the Resolutions, although they all have consultant-guarantors, and the moments of the IJD are so significant that they are certainly aware of such a clause. You can also read the article
Credit-ipoteka-banki.ru
The information and analytical portal "Banki.ru" reports that "People's Rating" receives complaints about collectors about the collection of debts for servicing credit cards that were issued ten years ago.
The complaints say that the debts on these cards have long been repaid. However, this fact does not stop the collectors, they call the former holders of Sovcombank cards with demands to pay debts for servicing these cards.
The calls come from the CreditExpress Finance collection service. The right to collect debts was transferred to them by Sovcombank, whose services none of the complaining people used.
But it was possible to find out what stands at the origins. All the victims are united by GI Money Bank, whose clients they were more than 10 years ago. Throughout the time until now, no information about the debt to former customers of the bank has been received.
“In 2005, I took a loan from GI Money Bank and fully complied with all the conditions of the loan, the loan was closed. Recently, I received a notification from the collection agency CreditExpress Finance demanding payment of a debt in the amount of 600 rubles to Sovcombank for servicing credit card by December 30, 2016. I remind you that for 11 years the bank had no claims against me. I did not change my phone number and residential address, but the successor bank in unilaterally changed the terms of the contract without notifying me about it. I consider the accrued amount of 600 rubles to be unreasonable, and I ask Sovcombank to resolve the issue of canceling the payment., says one of the complaints.
Here is another very similar case: “I applied for a credit card at GI Money Bank in 2007, in 2008 the loan was fully repaid, and the card was closed. After closing the loan, no calls, letters and messages on the phone and email not received. In 2015, it turns out that my debt to Sovcombank was transferred to a collection agency. The bargaining began with 9 thousand rubles. After several months of unsuccessful attempts to put pressure on me, the manifolds evaporated. But the other day, a certain CreditExpress Finance office showed up with a claim of about 3,000 rubles and threats to send a rapid response team to my house. One cannot but rejoice at the enviable persistence of Sovcombank in trying to collect non-existent debts.
In 2014, Sovcombank bought the entire package (100%) of GE Money Bank, continuing to service all customer contracts in full. Now commercial organizations to collect debts, calls customers of the acquired bank and demands payments for servicing credit cards on behalf of Sovcombank.
Sovcombank and CreditExpress Finance refused to comment on the situation with the sale of debts.
It can be assumed that such an active manifestation of collectors on behalf of Sovcombank is associated with the entry into force of Federal Law No. 230 from January 1, 2017, which will limit the activities of collectors. The statute of limitations is three years, and after this period it is no longer possible to collect the debt in court. The debt does not cease to exist, but even in this case the law cannot help the creditor. Therefore, collectors have only a few days left when they can call with a threat and demand a return of the debt.
They took a loan from a bank and faced a situation where it became problematic to pay: did you lose your job or get sick? Or even worse: once upon a time, foolishly, they vouched for a distant relative, who, moreover, recently died, and today you received a subpoena! When is the statute of limitations for a loan? Will the bank write off the debt? Is it possible not to pay?
In this material, we will deal with the subtleties and nuances associated with the statute of limitations for bank loans and maps individuals in Russia.
The limitation period for a loan is the time during which the bank can recover the loan through the courts. The bank can demand payment of the loan through the court from the borrower, guarantor or assignee. The successor is the heir of the deceased debtor.
Below in the article, we described in detail how the bank operates in such cases, what kind of property bailiffs can describe in you, gave examples from judicial practice, in one of these examples, a person took a loan of 100,000 rubles, stopped paying, and after the trial returned a total of 213,608 rubles.
The Civil Code states (art. 196) that general term The limitation period is three years.
From when do you count three years? This issue is controversial. Some lawyers believe that each individual payment should be considered separately. Their opponents propose to count from the end date of the loan or loan agreement. Still others count from the date of the last payment.
Which of them is right? Let's turn to the laws. Article 200 of the Civil Code of the Russian Federation says that it is necessary to count from the moment the party whose right was violated learned about this violation. What does it mean?
The loan agreement contains a payment schedule, according to which the loan must be paid on a certain date of each month. As soon as you are late in payment, the bank will know about it. So, from this day we count three years. For the next payment, the limitation period begins to be considered as soon as it is overdue, etc.
That is, for each payment, the limitation period is considered separately.
Example: Pavel took a loan of 36,000 rubles for 12 months on February 14, 2015. On the 14th day of each month, the monthly loan installment must be paid. The first three months: until May 14 inclusive, Pavel regularly makes payments. June 14 is the date of the next payment, but Pavel does not pay or does not make the payment in full. From this moment, the creditor already knows about the delay, the limitation period for this payment begins to flow.
A month later, the amount of the next payment plus a late payment penalty is added to the amount owed. For this amount three year term it is considered already from July 14, 2015, etc. (see table 1).
Table 1: Calculation of the limitation period for loan payments
| Date of the next payment according to the schedule | Beginning of the statute of limitations | When the statute of limitations expires | |
| Loan start | 14.02.2015 | – | – |
| Paid | 14.03.2015 | – | – |
| Paid | 14.04.2015 | – | – |
| Paid | 14.05.2015 | – | – |
| Delay | 14.06.2015 | 15.06.2015 | 15.06.2018 |
| Delay | 14.07.2015 | 15.07.2015 | 15.07.2018 |
| Delay | 14.08.2015 | 15.08.2015 | 15.08.2018 |
| Delay | 14.09.2015 | 15.09.2015 | 15.09.2018 |
| Delay | 14.10.2015 | 15.10.2015 | 15.10.2018 |
| Delay | 14.11.2015 | 15.11.2015 | 15.11.2018 |
| Delay | 14.12.2015 | 15.12.2015 | 15.12.2018 |
| Delay | 14.01.2016 | 15.01.2016 | 15.01.2019 |
| End of loan | 14.02.2016 | 15.02.2016 | 15.02.2019 |
If you have signed a loan guarantee agreement, which was taken by a relative, friend or other person, and this person has stopped paying the loan, then bank representatives will contact you. Offer to pay the debt. It is clear that you do not want this at all. Let's deal with the issue of limitation of actions for the guarantor.
The guarantee is valid for as long as it is given. This period must be specified in the guarantee agreement. If no specific date is specified, the guarantee is valid for one year after the end of the loan agreement. If during this period the bank does not file a claim with the court, then the guarantee ends.
It should be borne in mind here that this term is preemptive - that is, the obligation itself is terminated: it cannot be restored, interrupted or counted again.
Even if the bank sues the guarantor after more than one year after the end of the loan agreement or after the period specified in the surety agreement, then you need to declare the termination of the obligation, referring to clause 6 of Article 367 of the Civil Code of the Russian Federation.
In practice, there are situations when loan agreement still valid, and the borrower dies before he has time to fully repay the loan. What in this case awaits the guarantor?
It all depends on the terms of the contract of guarantee. And there are two options:
If the debtor dies, this does not affect the term of the guarantee. It is valid for as long as specified in the agreement or for a year after the end of the loan agreement.
For a credit card, as well as for a loan, the limitation period is three years. AT banking agreements There is usually no payment schedule for issuing a credit card. However, the terms of the contract stipulate that the debt must be repaid in installments.
For example, such wording: “the borrower is obliged to pay at least 10% of the used credit limit no later than such and such a date.
If the next payment is not made, the bank learns about it (it becomes aware of the violated right), respectively, from the date of delay and the limitation period begins to flow.
The limitation period may be interrupted and three years will need to be counted again - in this case, the bank will receive an advantage. This will happen if you:
Attention! If you don't want the bank to be able to sue after the statute of limitations has expired, don't sign any acknowledgment papers.
These questions are explained in detail Supreme Court in the Decree of the Plenum of September 29, 2009 No. 43 “On some issues related to the application of the norms of the Civil Code Russian Federation on the statute of limitations."
There is an opinion: if you deposit any amount to pay off the debt, then this will be regarded by the bank as the debtor's consent to the debt and the limitation period will be interrupted.
However, the Resolution of the Plenum states that if the borrower contributed only part of the money, this does not mean that he recognized the debt as a whole, therefore, it does not interrupt the limitation period for the rest of the payments.
In practice, there are cases when the deadline has passed, but the bank still went to court, what to do in this case?
Firstly, you should not hope that the bank will miss the deadline and the “loan will burn out”.
Secondly, the bank can sue you even after the expiration of the limitation period. Moreover, the court can satisfy the creditor's claim and describe your property. But you can avoid it if you behave properly. How exactly? We have described this in detail below in the section “What to do if three years have passed and the bank has filed a lawsuit”
Thirdly if the bank does not go to court, then it transfers the right to claim (this is called an assignment agreement). And they will begin to diligently “knock out” debts from you, call your work, relatives, arrange all sorts of dirty tricks, threaten and blackmail. Until now, there are cases when debt collectors sealed the doors of debtors with glue, painted the walls of the entrance, beat the debtors and tortured them like racketeers of businessmen in the 90s.
Fortunately, on January 1, 2017, the law on the protection of the rights of citizens of the Russian Federation from unscrupulous collection agencies and microfinance organizations, which is designed to protect debtors from such actions. Nevertheless, the collectors still have instruments of moral pressure.
If you are experiencing difficulties with collectors, we recommend that you read our materials on how to behave with them correctly:
The bank can legally file a lawsuit even after the statute of limitations has expired. Therefore, do not be surprised if after the expiration of the three-year period you receive a summons.
The fact is that judges themselves do not check the statute of limitations until the defendant declares this (Article 199 of the Civil Code of the Russian Federation). It is your duty to defend your interests.
All you have to do is tell the referee during judicial trial that you ask to apply Art. 199 GK (Application of limitation period). After such a statement, the court will deny the bank a claim, and you can breathe easy.
After the court refuses the bank’s claim, the bank will not write off, even if you receive a salary on a card in this bank, and will not take away the property that you left as collateral for this loan.
You can declare the expiration of the limitation period not only during the trial, but also in other ways:
If you submit through the office, it is better to write in two copies, on one of which the employee of the court office must mark the receipt. .
Let's look at a few examples from judicial practice that will show how real people behaved in such cases.
Svetlana appealed the decision of the court of first instance
Svetlana took out a bank loan in March 2011 for a period of one year. For three months she regularly made payments, on the fourth, due to personal circumstances, she stopped paying the loan. Last payment she contributed in June 2011.
In October 2016, she received a subpoena. As it turned out, the bank filed a lawsuit to recover the debt on the loan - principal, interest, late fees for the entire period from June 2011 to October 2016. Svetlana fell ill and did not appear in court. The judge decided in favor of the bank - to recover the entire amount of the debt.
Svetlana filed an appeal - she appealed the decision to a higher court. She referred to the omission of the limitation period and asked the court to apply Art. 199 GK. The Court of Appeal agreed with her arguments and canceled the decision of the court of first instance - decided to dismiss the bank's claim.
Jacob reduced the amount of debt
In September 2017, the bank sued Yakov for the recovery of overdue loan payments. The debt was calculated from September 2013 to September 2015.
In court, Yakov said that he did not agree with the bank's calculation and provided his own. According to his calculations, from September 2013 to September 2014 (three years before the filing of the claim), the statute of limitations expired.
The judge agreed with Jacob's arguments and ordered the bank to recalculate the amount of the debt. As a result, the court decided to collect the debt only for the period from October 2014 to September 2015.
These examples are given solely so that you understand how to behave in court in such situations. But this does not mean at all that the loan can not be paid. Why, let's look further.
If for some reason you decide not to pay on loans at all, then this threatens you with the following unpleasant consequences:
If you decide not to pay the loan at all, the bank will disturb you with calls and claims. Bank security officers will send SMS and write to social networks, including your friends. Just changing your SIM card is not enough to get rid of moral pressure.
The most annoying thing is that they will call all the phone numbers they find. Including your friends, relatives, colleagues. Mother, mother-in-law and boss find out about the duty. Yes, according to the law, banks and collectors cannot threaten debtors and mislead them, but in some cases this is not required. The goal of bank employees is to achieve payments by acting on nerves, conscience and kindred feelings.
History from life:
Masha got loans. At first, I missed one payment due to the fact that I did not correctly calculate my salary and spent it on new clothes, although I had to pay off the loan first. Then I missed another payment. Debt began to grow like a snowball. As a result, the girl “scored” on loans.
After some time, collectors began to call. At first they were polite to her. Then they began to frighten us with courts and bailiffs. Masha promised to pay, even made some payments, but did not cover the entire amount of the debt. The collectors began to increase the pressure, found the phones of her parents, began to call them, to scare them that they would take the apartment because of a petty debt.
Mom debtor, unsavvy in legal matters, got scared and began to put pressure on her daughter worse than collectors. It's one thing when you ignore collectors, don't answer. blocking their phones. But hiding from the anger of parents is much more difficult.
The next step - the bank goes to court or attracts collectors.
If the bank sues within the statute of limitations, the decision will not be in your favor. The debt will have to be returned, only a penalty for late payments, legal costs of the bank and will be added to it.
When the decision comes into force, bailiffs will come to you to describe the property in order to sell it at auction and repay the bank. If the property is not enough, a document will be sent to you at work - a writ of execution. A certain part (up to 50%) will be withheld from each salary and transferred to the bank.
If you do not officially work and there is no property, then the bank will periodically send a writ of execution to bailiffs, up to your pension. After you become a pensioner, the writ of execution will be sent to Pension Fund and will keep from retirement.
Case from practice:
Gennady took out a loan - 100 thousand rubles at 20% per annum for a year. Every month, according to the payment schedule, you need to make 9,263 rubles. The total overpayment on the loan for the year is 11,159 rubles. A perfectly acceptable amount. But this is if Gennady regularly paid. However, after five months, he stopped paying. As it turned out, in the loan agreement there was a clause on a penalty for missing payments - 0.5% per day (!) Of the amount owed.
A year later, the bank sued. total amount the claim amounted to 152,379 rubles, of which 87,538 rubles was a penalty for late payments. Plus, legal expenses (state duty) were added to this amount - 4,248 rubles.
The court granted the bank's claims. Plus, the bailiffs collected from Gennady a performance fee equal to seven percent of the amount of the recovery - 10,666 rubles.
But before that, Gennady had already paid 46,315 rubles, when he paid regularly. It turned out that he took 100 thousand rubles from the bank, and returned a total of 213,608 rubles. To do this, he had to sell the car.
You don't have to wait for the court. If you have difficulties: you lost your job, got sick, and you need to pay a loan, agree with the bank on a deferment or installment plan of payments, and do not wait until the debt grows like a snowball or collectors call.
If the amount of the debt on the writ of execution is 30 thousand rubles (from October 1, 2017, earlier - 10 thousand rubles) or more, then keep in mind that most likely you will not be able to relax abroad, since the bailiff imposes a restriction on departure from the Russian Federation - sends the relevant decision to the Border Control Department.
This decision is valid for six months. If the debt is not paid during this time, the bailiff will send a new resolution.
But even if the amount of the debt is less than 30 thousand rubles, but more than 10 thousand, then after the writ of execution enters the bailiff service, the debtor is given 5 days to voluntarily pay the debt. If after these 5 days plus two months the debtor does not pay the debt, then the bailiff has the right to also restrict travel abroad. Moreover, the amount can be made up of different writ of execution. That is, in this case, an amount that exceeds only 10 thousand rubles is enough to restrict the exit.
Please note that the expiration of the statute of limitations does not prevent the bank from selling the debt to collectors. Moreover, this is common practice. Of course, banks tend not to wait until three years have passed, but get rid of problem assets earlier.
There is a lot of conflicting information on the Internet that it is illegal to transfer debt to debt collectors. Allegedly, this is a violation of banking secrecy and the law on personal data.
Let's figure it out.
It all depends on the terms of the documents that you signed at the time of receiving the loan: the loan agreement and consent to the processing of personal data and the date of receipt of the loan.
If you took out a loan before July 1, 2014, then the loan agreement and the consent to the processing of personal data must provide that the borrower is not against the transfer of data to third parties. Then the bank can transfer the debt to collectors by law.
On July 1, 2014, a law came into force, according to which the bank can transfer the debt to third parties, even if this is not specified in the contract. It is enough that the contract does not contain a direct prohibition on such actions (Article 12 federal law"On consumer credit (loan)".
If you find that the debt was transferred to collectors illegally, complain to Roskomnadzor. To file a complaint:
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There are no legal grounds on which you can simply take and not pay the debt on the loan. Companies that promise to help cancel a loan are best not to be trusted. But there are cases when the law is on the side of the debtor:
Example: The insurance contract states that if the debtor becomes disabled, the loan balance is covered by insurance. In order for the insurance company to pay the balance of the debt for you, you need to send it a notification of the occurrence insured event. In response to the notification, the insurance company will provide a list of documents and further action.
Answer: The transfer of debt to collectors does not affect the course of the limitation period.
Answer: for each overdue payment, the limitation period is calculated separately.
Answer: Only if a decision is received in favor of the bank to recover the debt from you, and you cannot appeal it. In other cases, the decision is on your conscience.
Answer: Offer to meet in court. If the statute of limitations has passed, then declare it in court, and according to the law, no one will demand anything from you.
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