Loans are very common now. On the one hand, it is convenient. You do not need to save anything for the desired thing, but you can just buy it with borrowed funds. But there is a downside. First of all, the overpayment is quite tangible due to the accrual of interest on the amount of debt. In addition, now many banks charge hidden fees for certain services from customers. We will examine in this article whether such accruals are legal, as well as the opportunity to challenge them and regain money.
What is a loan commission?
The interest rate paid to the creditor bank by the client is not all the compelled costs that clients face. The loan commission can be called another expense item. Many commissions, which until 2009 allowed credit institutions to compensate for the low rate, the legislation of the Russian Federation recognized as illegal. Repayment of loan commissions is very relevant today.
A credit commission is a payment for services provided by a bank. This may be: early repayment, loan servicing, loan issuance, consideration of a loan application, opening and maintaining a loan account.
Commission fee can be calculated in a fixed amount or in the form of interest.
Do creditors have a right to retain it?
In 2009, the Supreme Arbitration Court of the Russian Federation ruled that commissions charged by credit organizations for providing a loan are illegal. What gives the client of the bank practicing the inclusion of commission payments in the contract the right to return loan commissions. This is of course true, but is it realistic to put into practice? Let's figure it out.
Arbitrage practice
According to the decision of the Supreme Arbitration Court, a credit institution may establish a commission only for additional services, which do not include the action in the form of maintaining a loan account, considering an application, providing a loan and others. These actions relate to the list of duties of the bank. That will allow the organization or individual to count when submitting a statement of claim for the return of the commission for a positive decision.
The list of illegal commissions
Repayment of loan commissions is possible if they were charged illegally.
By the decision of the Supreme Arbitration Court, all the commissions included by the banking institution in the loan agreement received such status. The most popular bank fee fees include: credit services, settlement services, maintaining a loan account, insurance, obtaining a loan.
The legislation of the Russian Federation recognizes the possible return of any of the above commissions.
To find out if a particular commission was withheld, it is often enough to carefully study the conditions and schedule of payments for a loan agreement. The display of commission payments is almost always visible. Some fees may be hidden in the tariffs of the bank. The loan agreement may contain a reference to the fact that the client agrees absolutely to any expenses that meet the rates of the credit institution. Rates can change constantly, but the borrower is not warned. Clients are in the dark, for which they constantly pay commission fees.
In what terms can I return commissions and insurance on loans?
Deadlines for filing a statement of claim
The legislation of the Russian Federation established for the return of commissions the deadline for submitting an application is 3 years. If the banking commission was paid off earlier, the borrower will have to give up intentions to receive the amount paid back. When approaching the term of 3 years, on the advice of lawyers, you should immediately go to court without resorting to previous actions. Then you just waste a lot of time.
Repayment of loan commissions - procedure
The loan fee can be returned regardless of whether the loan has already been repaid or not, in the case when the claim period has not yet expired. A borrower who decides to obtain the return of illegally assigned commission payments on his own should adhere to the following actions: send a claim to a bank, a complaint to Rospotrebnadzor and then go to court.
Bank statement
A claim for sending to the bank is prepared in 2 copies. The document should reflect the essence of the problem that the borrower had, the request for the return of the commission, including a link to the decision of the arbitration court on this issue. Including should be an indication of the initials and address of the bank's client. The claim is sent to the head office of the institution. One copy is intended for the bank, and the second to the staff of the chancellery, the date of receipt is stamped on it, which should be monitored. The application should take no more than 10 days to review.
How exactly is the return of bank commissions and credit insurance?
Appeal to Rospotrebnadzor
If there is no reaction from the bank within the prescribed time period, then the client receives the right to file a complaint with Rospotrebnadzor. A copy of the claim with a bank mark must be added to the letter. The credit institution will receive a fine from Rospotrebnadzor, and the recipient of the loan will receive an advantage in the trial.
Lawsuit
How to repay a fee for a loan through a court?
The last thing to go to court is when the reaction of the bank did not follow even after applying to the Federal Service for Supervision of Consumer Rights Protection and Human Welfare. Costs should not be feared, since the credit institution will be forced to compensate them. Since the case is related to the law on the protection of consumer rights, the payment of state duty for it is not provided. The client can rely on compensation for moral damage caused, the percentage for delay, which is associated with non-compliance with the requirements for return. Just for this case, you need correspondence with a credit institution. The only graph of the borrower's expenses will be lawyer services, in case of a decision to resort to them.
Deadline for receiving money
What is the term for the return of the bank commission for the loan?
The average term for returning commissions is 3-4 months. This term includes the following:
- Bank returns the commission on a voluntary basis upon receipt of a customer claim within 10 days.
- If the amount of the claim is more than 50 thousand, the case is considered by the district court within 2 months.
- The justice of the peace considers the claim with an amount of less than 50 thousand within a month.
- The court order comes into force within 1 month.
- The writ of execution is made within 10 days.
A court decision is very rarely appealed by banks, however, when using this right, the period may extend for an additional 2 months. After receiving a writ of execution in court, the borrower sends an application to the RCC of the Bank of the Russian Federation. The money will be debited from the credit institution's account and transferred to the client. To return the commission to the borrower, you must provide the loan agreement in the original, as well as receipts of payments made. The bank issues copies of documents.
Legal assistance
If the client is not satisfied with the commission for early repayment of the loan, he has the right to contact a private center for legal assistance to the population.
Acceleration of the process is possible when the client appeals to legal institutions that provide assistance in resolving such issues. The Center for the Return of Bank Commissions is one of the most popular companies in Russia. This agency is responsible for refunding service charges and opening accounts. Representative offices of the company work in Moscow and some other cities of the Russian Federation. Including organizations that fight against illegal commissions may come to the aid of the borrower: Center for the Protection of Rights, Financial Advisor, Center for Legal Protection.
What will happen in case of a conflict with the bank?
Repayment of bank loan commissions is now very popular.
But one of the main concerns of the borrower, who decided to achieve the return of fees, is the termination of the bank agreement ahead of schedule. The court recognizes this action as unlawful, since the agreement between the client and the banking institution should remain unchanged. Only the item on commission payment will be excluded. Such a conflict with the bank may threaten the borrower with a refusal to re-obtain a loan from this institution and falling into the category of problem customers. But this event will not be recorded in the credit history and will not affect the receipt of a loan in any other institution.
Conclusion
We can conclude that it is realistic to return the commission for granting a loan, but it will require some time expenses. Before applying to the bank for a loan, you must carefully weigh all the negative points.