One of the additional services that Russians pay while using a loan is insurance. It reduces the risk of defaults. Upon the occurrence of certain circumstances during the term of the contract, the bank will receive money from the insurance company (IC). However, loans, especially consumer loans, are most often repaid early. It turns out that the need for an additional service disappears. Will insurance be returned after repayment of the loan to the borrower in this case? Yes, but not in full.
A bit of history
November 17, 2009 The Presidium of the Supreme Arbitration Court adopted a ruling according to which bank credit commissions related to measures that infringe consumer rights. Over the next years, hundreds of cases regarding the return of illegally paid amounts were examined. Banks were forced to cancel the commission, which was an important source of their income. But then they quickly found an alternative - increased rates for the use of funds.
After the Federal Law “On Consumer Loans” came into force, a new problem arose - the imposition of insurance contracts when issuing a loan. Clients began to file claims, complaining of:
- the fact that banks, frightening them with a refusal to issue a loan, imposed unnecessary contracts;
- the high cost of insurance services;
- the fact that the refusal to return funds for additional services was initially prescribed in the loan agreement.
On the one hand, banks increase commissions, and on the other, customers are not aware of their rights. Fearing refusal to obtain a loan, they draw up additional contracts, and then think about how to return insurance after paying the loan.
Who needs it
There is still a need for insurance. Banks receive additional money back security in unforeseen situations. If an insured event occurs, the company transfers a specific amount to the credit institution to repay the loan. If it exceeds the balance of the debt, the difference is paid to the debtor (in theory). If the amount of compensation is not enough to cover the debt, the bank will look for ways to retain funds from the client. Most often, the risk of death, the acquisition of disability of groups 1, 2 are insured. If we are talking about a real estate object, then compensation will be paid in case of unlawful actions of other persons, damage by water, fire, as a result of a natural disaster, natural phenomena, theft of a vehicle, accident.
Insurance
According to Art. 421 of the Civil Code of the Russian Federation, individuals and legal entities are free to conclude contracts. That is, the bank does not have the right to impose any service on its customers as a prerequisite for obtaining a loan. At the same time, the law spelled out the case when a loan is not provided without customer life insurance. We are talking about registration of a mortgage and the acquisition of a car. If the contract is signed, payments are regularly received, a logical question arises: after I paid the loan, do I have the right to return the insurance?
The beneficiary of such transactions is the bank. If the loan is fully repaid, the client has the right to terminate the insurance contract, as the property becomes its property. The bank is obliged to recalculate and transfer the balance of funds. The insurer has the right to receive part of the remuneration. Its amount is proportional to the duration of the contract. Who paid the loan has the right to return insurance. But provided that the loan was paid ahead of schedule. That is, it will not work to return insurance after repayment of the loan on time. The procedure depends on which loan was issued: consumer or collateral. In the first case, the life of the client is insured, and in the second - collateral.
Ways to save
So, banks do not have the right to impose insurance when applying for a loan, except as otherwise provided by law. If this still happened, try not to include the cost of the service in the total loan amount. Otherwise, interest will also be charged on it. Who paid the loan has the right to return insurance. This can be done in such situations.
It is possible to achieve a positive decision in case of early repayment of the loan. This option will be considered in detail below. It should only be noted that the money is not returned automatically. You will have to contact the bank branch, write a statement, collect copies of documents, and then wait for a decision.
Still how to return insurance for a loan? The client may have a disease in which the law prohibits entering into an agreement. The list of exceptions is in the contract itself. But nobody signs medical examinations before signing. The client may simply not be aware of such an exception and pay the cost of the service. You can order a recalculation and ask to compensate for the money paid. But even in this case, the client will not receive the entire amount, but 87% (including 13% tax).
How to return Sberbank loan insurance?
The client can refuse to participate in the program after receiving a loan. To do this, you must contact the department within 30 days from the date of registration of the papers, write a statement addressed to the head. If a loan is paid, is it possible to return insurance after a few months? In this case, the client can receive a fee minus the costs of connecting to the program and taxes paid. This is approximately 50% of the original amount. Part of the premium paid is subject to repayment subject to the full early repayment of the loan. The application is executed in duplicate, the client’s copy must have a mark with the date of registration of the paper. This option is more suitable for consumer loans.
Mortgage
How to return insurance on a Sberbank loan, issued for the purchase of an apartment, a car? Pledged property is a guarantor of compensation for losses after the termination of performance of debt obligations. It is impossible to terminate such an agreement without repaying the loan. You can return the funds if the loan is repaid ahead of schedule, and insurance is paid for the entire period. In this case, you need to contact the UK with a statement, provide a copy of your passport, loan agreement, a certificate of early repayment of the loan. After that, recalculation is carried out and the balance is returned to the client. Prudent borrowers should choose a program with an annual renewal at the stage of signing documents.
How to return insurance for a loan?
There are two options for solving this problem.
The first is a pre-trial settlement. After repaying the loan, you can return the insurance through the company that issued it. Many customers go directly to the bank. But it's not right. The financial institution is an intermediary between the UK and the client. It receives a reward for attracting customers.
You need to file a claim for the recalculation of contributions in connection with the repayment of a loan in the UK. The application must be written in duplicate and registered. If the company’s office is geographically removed, the application should be sent by registered mail with notification. The document should indicate the period during which the client expects to receive a response. At the same time, it is worth ordering an extract from the personal account, which will indicate how the funds were distributed. Some companies respond to such a statement.
How to return insurance after repayment of the loan if no response has been received? A letter should be written to Rospotrebnadzor, enclosing a copy of the application, an inventory, a notice of delivery of the letter. How to return insurance after loan repayment if no response from Rospotrebnadzor has been received? Go to court.
The proceedings may drag on for months. Claims with an amount of up to 50 thousand rubles. considers a magistrate's court. The application must be accompanied by:
- Loan agreement.
- Payments confirming payment of the loan.
- Insurance contract.
- Calculation of the amount of the claim.
- Application to the insurance company.
- Email notification and inventory listing.
- The answer of the financial institution (if any)
It is very important to correctly calculate the amount of the claim. It may be less than legal costs. You can try to recover them from the bank through the court, but not the fact that it will succeed. Applications are accepted within three years. Here's how to get back insurance for a loan.
Nuance
By law, if a bank requires consumer insurance, it is required to offer an alternative. In practice, this is a program with higher interest payments or with the mandatory activation of SMS-informing services.
Insured bank
An important link, the SK, is excluded from such a scheme. This means that the norms of the Civil Code of the Russian Federation do not apply to such agreements. If a loan has been paid, is it possible to return insurance? Not. The premium received by the financial institution is considered payment for additional services. It is not refundable even in case of early termination of the contract. In such a situation, only the bank can decide to compensate part of the amount to the client in order to maintain its reputation.
Loopholes
It’s not worth it yourself to puzzle over how to return insurance for a loan. It is better to seek help from lawyers. Most often, one of the existing loopholes is used to solve the problem.
You can refer to the wording in the contract on the issuance of borrowed funds, which is associated with insurance. The document may contain a phrase with the following meaning: “The insurance contract is signed for the entire term of the use of credit funds” (wording may differ). The meaning is as follows: if the loan has been paid ahead of schedule, the borrower's obligations to the bank are deemed fulfilled, the insurer's obligations must also end.
The second option is to refer to the lack of risk. The contract is concluded so that upon the occurrence of an insured event, the bank receives its funds back. If the loan is repaid early, the need for such protection disappears. According to Art. 958 of the Tax Code of the Russian Federation, if "the insurance contract ceases to be valid before the expiration of the term for which it was concluded, or if the risks of the occurrence of an insured event have disappeared", the company is obliged to recalculate and return part of the premium.
But even these arguments to insurers rarely work. Most often, the case has to be decided in court. The result depends on the position of the judge. But there is still a chance to return the funds. Insurers, seeking to prove their loyalty to customers, include in the documents clauses governing the procedure for returning premiums upon early termination. Also, do not forget about the Insurance Rules. A client can even examine these documents in advance.
Arbitrage practice
How to return credit insurance if the client is right and the insurance company does not want to accept documents? It is worth contacting the organization for the protection of consumer rights. Its employees will help the client defend the rights in court, may even act on the side of the plaintiff. Practice shows that in claims, when financial institutions imposed additional services on clients contrary to the provisions of the law, the court most often sided with the applicant. In the case of loans, the organization acts as the seller of the service, which imposes the signing of another contract.