Advice 1: How not to pay loans if not paid a salary

Late payment of wages contrary to the employment law and leads to timely repayment of the installments of loans, which are many Russians.
How not to pay loans if not paid a salary
You will need
  • - a certificate of non-payment of wages;
  • - statement to the Bank;
  • - a statement to the court.
If you do not pay wages, and you can't make the next payment on the loan, contact the employer, will receive a certificate confirming the fact of delay.
Next, contact the Bank with a statement in which ask to postpone payment. Apply the received certificate. A credit institution can give you a specific time for which you will need to make a minimum amount of repaying the interest rate on the loan. But this outcome is only possible at best. Banks are very reluctant to grant a deferment of payments and do so only as an exception for bona fide customers who regularly repay the full amount monthly payments.
While the Bank is unprofitable to go to the conflict and to collect the debt in enforcement. Moreover, the courts of the Russian Federation almost always take the side of the client. Judicial recovery of debt entails an inventory of the property, if the client has no income because of non-payment of wages, and no Bank account. And the property must be implemented before the debt will be repaid. Therefore, the Bank is always profitable to engage in constructive dialogue and to still get the borrowed funds issued to the client in full.
Of course, if you have solvent sureties to the deferred payment will not work. Guarantors shall bear proportionate liability on the loan payments along with the client and in the case of delayed repayment of installments required to pay the full amount in full.
If the Bank refused to grant you a restructuring, contact antikollektorskogo Agency or lawyer who specializes in credit cases. This is especially effective if the Bank has transferred the case to recover the debt to a collection Agency, which in many cases is illegal.
With an employer who does not pay timely wages, you can recover the entire amount in the court order, to require a penalty and forced to collect all amounts accrued by the Bank penalties.

Advice 2: What happens if not pay credit

Today, every fourth Russian family has outstanding credit. Even the most responsible citizen may face the problem of late payment on the loan. Causes can be loss of employment, deterioration of financial situation or inability to make money.
What happens if not pay credit
Of course, the best way not to have problems with the banks before taking out a loan to objectively evaluate their own financial situation and carefully examine the conditions of the loan agreement.

But what if the borrower is suddenly caught in a difficult financial position? Importantly, not worth to cry and to panic. The first thing you need to do is contact the Bank and describe the situation. You can try to convince the lender to grant a delay on payments and modify the payment schedule. Many banks have a positive perception of such requests, and go towards the borrowers. They can even cancel the accrued interest. But in any case the responsibility and challenges associated with non-payment of the loan can not be avoided.

What sanctions can be applied to the debtor

The most common measure - the imposition of fines and penalties. There are several penalties:

- increased percentage on the loan;
- the payout is a fixed amount for each day of delay in the form of fines and penalties. Fine - one-time penalty, the penalty varies from Bank to Bank. Interest calculated based on the number of days of delay.
In the near future the state Duma should consider amendments to the law "On consumer credit" by setting a fixed penalty for late payment is 0.05–0.1% of the debt per each day of delay.

Fines alone do not expect the debtor, even with the minimum of delay. The law "About credit stories" obliges banks to report late borrowers to credit bureaus 1-2 times a week. And, to do so, the Bank shall, regardless of the number of days of delay.

The algorithm of work of banks with troubled borrowers

In most cases, the algorithm of the Bank's work with troubled borrowers following:

1. The Bank's officer contacts the borrower to ascertain the reasons for stopped payments. The borrower can convince the Bank to give him a grace period of 1 month. If we are talking about the delay on the car loan, the car can be confiscated and kept in the garage until repayment.

2. If the charges are not paid more than 1-2 months, the Bank will work with debt collection agencies. They will initially call you with a reminder about the debt, send emails and SMS, then you can navigate defaulter personally.

3. If the collectors failed to collect the debt, the Bank is entitled to sue the borrower in court. According to statistics, in 99% of cases banks win in the courts of first instance.

At the expense of the property, the Bank can collect the debt

Since winning the Bank of the lawsuit, debt collection becomes a matter of bailiffs.

The first thing foreclosed - cash assets of the debtor. I refer to savings deposits with banks and other financial organizations.

If such savings from the debtor the court may decide to deduct money as repayment of the loan from the salary. This is done forcibly. It is worth considering that without the salary the borrower will not remain and dine him for nothing. The labour code specifies that the size of the deduction may not exceed 50% of the total remuneration of the employee. At the same time, remaining at its disposal, the amount should not be below the minimum wage. In 2014, it is equal to R. 5554
Debt collection cannot be made due to the accommodation of the debtor; land; household items and personal belongings (except jewelry and luxury items); food; social benefits and compensations.
The borrower may choose to specify the property, which can be paid duty. However, the final decision in any case will be decided by the court.

Well, if the debt collection sanctions end. Malicious evasion of credit lines, the borrower may be sentenced to 2 years imprisonment under article 177 of the criminal code. If the borrower took out a loan and already had originally planned not to pay, he may be convicted of fraud.

Advice 3: What if the Bank handed over the case to the court

The popularity of the loan product over time only increases. This Bank service is very convenient and is an integral part of the lives of modern citizens. Today in debt you can buy almost everything. Credit organizations happy to help, so how to earn good money.
What if the Bank handed over the case to the court

The reverse of the medal, or any problems worth the wait

A joyful sense of well-being and a small victory, when in the hands of a small wad of fresh bills, gives inspiration and a sense of fulfillment. The Bank approved the loan, entered into a formal loan agreement, with the obligation to repay monthly contributions accurately and on time.

In life there are different situations, any respectable borrower may suddenly be insolvent. If you resolve the issue with the lender directly will fail on you sue. In such cases, usually the court takes the side of the Bank. Further, all legal means will withdraw the amount of the debt and interest. The deal will give the bailiffs. They will evaluate your ability to pay, see how you live, check valuable property. In parallel will be phoning the Bank workers, come to angry letters. Travel abroad, most likely, will block. If the amount of seized property is not enough to pay off debts, you are discharged the writ. It will give the place of work and salary will deduct a certain percentage, by law, the maximum deductible amount cannot be more than 50% of earnings.

What are your actions

If your insolvency is real, you are in a positive way and wish to repay the debt, ask the court and the Bank about payment by installments. Confirm that the poor financial situation of the salary certificate or employment centre about the fact that you do without work, from traffic police - you don't have a car and other supporting documents. The more you provide – the better. Going to contact with the plaintiff, you can protect yourself from many unpleasant actions in their favor.

When the borrower ceases to pay monthly loan installments, automatically start calling, messaging, sometimes threats. You have the right to appeal to the Prosecutor with a request to protect yourself from such misfortunes. To deal with such intermediaries Bank you don't have to. Some banks choose that tactic, just applying penalties since the delay in the payment. At the time of going to court, the debt may be ten times to be longer than expected.

More devious delinquent when this situation occurs, begin to rewrite the property to strangers, and from the house to carry everything of value in order to avoid seizure. This makes sense, as the ceremony bailiffs will not seize everything that you can. To work you can provide notarial agreement on payment of alimony of disabled parents or their children in 50% of the charges. Then deduct the loan from your salary are not possible, as more than 50% is not deducted.

If you do not agree with the decision of the Bank, I believe his actions were illegal, or if there is disagreement about the credit amounts, prove his innocence and beat the Bank and sued on the establishment of installments. Terms of lending at all banks are different, for late payment may be assessed fines and penalties unilaterally without informing the borrower. You can hire a lawyer, an experienced specialist will help in solving the case and save costs.

There is a concept of "Statute of limitations", it is three years, after this time is recognized bad debt and the Bank can write it off on your own. If this happens, to pay the debts no longer have. But the blacklisting is guaranteed.

Before you take out a loan, do not overreach. If you experience an insolvent situation, try to behave according to conscience, greater than you have – you won't. Possible pay your debt or rely on the Statute of limitations.

Advice 4: What to do if can't pay the loan

Successfully executed a Bank loan allows the borrower to purchase the necessary thing. But sometimes the joy of buying marred by the disappointment when you can't pay the loan. The borrower raises the legitimate question: what to do if you can't pay the loan?
what to do if can't pay the loan
Suddenly the debt on the loan, and the Bank begins to charge interest. Not a very pleasant situation, which threatens to increase the debt. Unfortunately, to avoid penalties in case of delay in loan is unlikely. But there is always the opportunity to enter into negotiations with the Bank and seek debt restructuring if you can't pay the loan.
You have any unforeseen circumstances at work: you lost your job or you cut wages? So now you have nothing to pay on the loan. Try to explain to the responsible employee of Bank your issues and specify that you are looking for additional sources of income to repay the loan. It is possible that a personal meeting would be sufficient to achieve a delay on the loan.
Not always the words of the Bank's employees are true. Quite polite, the representative of the credit Department could promise to solve your problem with the delay on the loan during a phone conversation. But in reality, it may be that you still accrue interest and also demand in a timely manner to repay the loan. In this situation, all your proposals for repayment of the loan and requests for debt restructuring, better channel in writing. If you can't pay the loan, you must promptly notify the credit institution. It is possible that your honesty will allow you to avoid big problems with the Bank.
Make a letter to the head of the credit institution. In this document identify the reasons for the debt on the loan, explain why you are unable to pay the loan, what actions are taken to improve their financial situation and the approximate date when you can begin to extinguish the debt.
The letter can be delivered directly to the Bank under signature of the responsible for the reception of correspondence to the employee. The second copy of the letter with the signature of Bank employee and date of receipt must be returned to you on hand. You can also send a letter by mail with the enclosure list and return receipt requested. This kind of interaction with the Bank, when you can't pay your loan, the most preferred. In that subsequent written proof of correspondence with the Bank can be useful for the court.
If the Bank in all your attempts to negotiate does not want to go to a meeting and apply to the court for recovery of the loan debt, it is only in reference to the action to try to reduce the amount of debt. Reduce debt, if you can't pay the loan, perhaps as follows:
• to invalidate the fee, if they charged by the Bank in obtaining credit;
• to reduce the penalty if it is disproportionate to the amount of the debt.

Advice 5: As the surety not to pay the loan

A surety is a popular form of collateral for the loan, which is often used when issuing large loans. The guarantor is responsible for the financial obligations of the borrower to the Bank in case of termination of his payments on the loan.
As the surety not to pay the loan
You will need
  • - a guarantee agreement;
  • - credit agreement.
In order to understand under what circumstances the guarantor may not pay the loan for the borrower should carefully examine the contract of guarantee. It should be spelled out the rights and obligations of the guarantor, and the mechanism of refund. A contract of guarantee may provide for solidarity and subsidiary responsibility. In the first case, the Bank immediately shifts the responsibility on the guarantor, if the borrower stopped paying on the loan. Vicarious liability is more favorable to the guarantor and is extremely rare. In this case, the Bank must verify the uncollectibility of the loan from the borrower, and only then turn to the surety.
From guarantee on someone else's credit to get quite difficult. Obligations do not stop even if the divorce or death of the borrower. Although in the latter case, the practice of law is ambiguous. There is a Supreme court decision which recognizes that the death of the borrower releases the surety from paying the debt to the creditor. In other situations, the termination of obligations as guarantor must obtain the consent of the Bank. They, in turn, rarely going to change the terms of the loan agreement, because it reduces the chances of return of borrowed funds.
Situations under which you can legally avoid payment on a foreign loan, as guarantor, very little. One of them is the Statute of limitations. By law the Bank can recover funds from the guarantors only for six months (less the period of limitation under the credit agreement up to 3 years). And if the guarantee contract does not provide for another term, after 6 months to compensate for the amount of credit for the account of the guarantors will be impossible.
Another case when you can get rid of the payments under the guarantee agreement, is the contract null and void. For example, because of incapacity of the guarantor. For this parents (relatives) it is necessary to address in court with the corresponding statement.
If the borrower and the guarantor do not fulfill the terms of the loan agreement, despite the requirements of the Bank, he goes to court. Then the punishment will be given to the property of the surety, or the court rules to make deductions from wages. This debt will be impossible to return through a single housing of the guarantor, household items, food, social benefits. The size of deductions from wages may not exceed 50% of the remuneration of the employee, and he must be not less than the amount of the minimum wage (R. 5554). But if the surety pays child support and includes disabled parents, then income to foreclosure may not be at all.
Even if the surety had to pay the loan instead of the borrower, then it is possible to compensate all their losses. In this case, the surety becomes a creditor of the borrower and has the right to require the return of all costs for the payment of principal and interest on the loan in court. You only need to request in Bank the documents that confirm the fulfilment of the obligations of the borrower. The guarantor also may request in court the borrower to repay the loan on their own.
Useful advice
Before you agree to become a guarantor for the loan, evaluate your financial ability to pay the monthly payments for the borrower.

Advice 6: What to do if you can not pay the loan

The majority of Russians today have a credit obligations. Unfortunately, sometimes in life there are situations when you can not pay on the loan. Often, these circumstances do not depend on the will of the client. Delay of salaries, dismissal, administrative leave... And sometimes it can be a divorce, a fire, a robbery. If in individual cases provided insurance, for others not. What should I do?
What to do if you can not pay the loan
In the first place, not to panic and not to hide. "Ostrich policy" to anything. It is better to come to the Bank and honestly explain that you cannot continue to pay the loan. Then you have three options: deferment, restructuring of a loan or refinancing. What is it?

Let's start with delay. It happens that the deterioration of your financial situation is temporary – a sudden reduction or administrative leave. If you and the Bank are sure that after some time everything is back to normal, you can write a statement about the delay. The delay may provide for a period of 3 months to a year. Of course, at this time, no penalties or any interest is not charged.

Restructuring is, in other words, the change in credit conditions for more gentle. For example, you have lower wages. Then the Bank simply extends the term of the loan, reducing the monthly payments. You can negotiate and decrease interest rates. It all depends on the specific situation. Don't be afraid to speak to the Manager about restructuring. The Bank better get you some money and interest, than not get anything and "play off" on you collectors.

Refinancing – the tool is more complex then it will require the participation of a third party. As a rule, as a third party is another Bank. If the restructuring is not possible, you should look for a loan on more favorable terms with another Bank. Then this loan is taken to cover the loan and pay him. The complexity of the situation that is not always possible to find a better loan. Moreover, if you have a loan, another Bank can withhold funds. You can find a way out: to take in the same Bank another loan to cover them previous. For example, you took out a car loan and covered his consumer. The main thing – to compare interest rates and explain to the managers that you want to do.

What NOT to do is to contact the microfinance or microloans offices. As a rule, they refer to cover a single monthly payment. But one payment problems will not solve. Moreover – you have the next month to give them.

If you pressed "collectors" and the bankers, it makes sense to turn to depressants. This is usually professional lawyers who spetsializiruyutsya in such credit operations. They will help to achieve a more "gentle" mode of repayment of the loan, and if anything will represent you before the Bank in court.

But remember – banks are more profitable give you to pay than to spend time and money on the court and collectors. So even if you are behind on several payments, it makes sense to come to the Bank and find a solution to the situation. Most importantly, explain that you acknowledge the debt and are willing to pay. Then you definitely go forward.
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