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.
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.
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.
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.
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
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.
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.
