If you, for objective reasons, are unable to repay the debt, and the credit institution refuses to make concessions to you and charges huge penalties and fines, contact the court.
Before filing a claim complete all the necessary stages of pre-trial settlement of the conflict. Contact the Bank and ask them to restructure or postpone payment. In the case where a Bank denied you a request, require the denial you have provided in written form with all necessary signatures. This is necessary in order to court you have proof that you tried to find a solution, instead of sitting idly by.
Any loan agreement specifies the contractual place of jurisdiction. This can be the legal address of the Bank branch. In addition, you can file a lawsuit at the place of residence. This is stated in the "Law on the protection of the rights of consumers".
Write a statement indicating your surname, first name, patronymic, passport data, address. Also describe the issue to court, your signature. Transmit the application and all required documents to the office. Keep all the copies of the documents certified by the court office. This will ensure that your application has been accepted and will be considered.
Generally quite difficult to prepare such a statement correctly. If the amount in dispute is large, it is suggested to hire a competent lawyer who works on issues of overdue loans. Such a person is called a depressant. He will make a statement on all the rules, will negotiate with the Bank and to represent your interests at trial.
Submitting a lawsuit, you will be able to reduce the fines to a reasonable limit or even debt restructuring and deferment for a few months.
Advice 2 : How to file a lawsuit against the Bank
According to Goskomstat, the population of our country every month only takes mortgage loans to 28 billion rubles. Total household debt to banks is about 3500 billion in the Russian currency, of which about 3% is in loan delinquency. It is clear that not everyone's life situation over time is favorable. If the Bank does not want to negotiate the delay of payments, charges exorbitant fines, then the only way is to file a lawsuit.
In many cases, the involvement of the indebted client to civil liability in the form of fines, penalties and different penalties from the Bank illegally. Most have fallen into difficult life situation simply does not know how to defend their rights. Not being able to make another payment, the client of the credit institution falls into the trap of penalties that increase as the debt snowball. If it is a mortgage over the debtor looms a real danger to lose the apartment, which is pledged. There are no hopeless situations. Need to file a claim on the Bank.
The basis of filing a lawsuit in the mentioned case needs to be objective reasons which do not allow at the moment to pay off the debts. In this case, a Bank customer must first contact the Bank with the restructuring of the loan. It should be done before you need to make regular payments. The loan officer will have to prove that you have a temporary difficulties, you will soon decide. Most banks are going to meet the customer and can give a delay up to 4 months, is not charged during this time fines. Be sure to write the statement, leaving all copies certified by the office.
Find out the conditions of pretrial settlement. In the loan agreement, they must be prescribed. Before going to court you must go through this stage mandatory. If the Bank does not agree to restructure the debt, you will have the proof that you wanted to negotiate.
If it is impossible to come to consensus is either wait for a claim from the Bank, or go to court yourself. In the second case the application is made at the place of the Treaty jurisdiction that is specified in the loan agreement. Most often it is the legal address of the Bank branch. However, according to the "Law on the protection of consumer rights", a person may sue at the place of residence.
Independently it is very difficult to make a claim without knowledge of the appropriate articles of the law. If the issue price is large, it makes sense to hire a depressant is a lawyer who specializiruetsya to work on overdue loans. He will make a statement and will negotiate with collectors and the Bank will represent you in court. At least, which you will be able to achieve is deferred at the time of enforcement proceedings, as well as reducing the fines to a reasonable numbers; maximum withdrawal of arrest from the mortgaged property, debt restructuring, drafting a new schedule of payments suspended for a few months.