When customers receive a loan from the bank, they are offered to take out insurance. The service reduces the risk of non-refund. Moreover, it is valid for mortgages and consumer loans. When an insured event occurs, the insurance company transfers funds to the bank. These relations are governed by the contract, which spells out the rights and obligations of the parties.
But many customers repay loans ahead of schedule, which eliminates the need for insurance. Not everyone knows how to get back credit insurance. This procedure has some features that need to be considered by all customers of banks.
History
In 2009, the Presidium of the Supreme Arbitration Court approved a resolution by which bank commissions related to measures that violate consumer rights. For several years there has been a review of cases of the return of illegally paid money. Banks made the decision to cancel commissions, which were considered important income.
Over time, rates for lending money have increased. When the Federal Law “On Consumer Loans” came out, a new problem arose - the imposition of insurance when applying for loans. Many clients began to submit applications that, when they refuse the service, loans are not issued. Moreover, the price of insurance is quite high, and a refund can not be made for each contract.
This increases the commission, and customers do not know their rights. Because of concerns about the denial of a loan, people take out insurance. Even if the contract was concluded, you need to know how to return the insurance on the loan.
Who needs this?
There is still a need for insurance. Banks receive money back security under different conditions. When an insured event occurs, the insurance company transfers funds to the bank. If the amount exceeds the balance of the debt, the amount is paid to the debtor. With a lack of funds, the bank will withhold money from the client.
Typically, life insurance, health insurance. This service is provided to protect real estate from adverse factors. They are prescribed in the contracts. When an insured event occurs, the client must notify the insurance company so that compensation is provided. And after repaying the loan, insurance is returned according to special rules.
Types of Insurance Policies
The insurance provides for reimbursement of losses in the event of the death of a client or personal injury resulting in problems with the fulfillment of obligations. The service is the most common in the banking sector. Upon death or injury, the insurer pays the loan balance to the bank, and the bank is the beneficiary.
Another type of policy is property insurance. It is considered mandatory when applying for a mortgage or buying a car on credit. In case of loss, damage, damage to the acquired property, the insurer pays the loan amount. That is, by law, insurance of an apartment against fires, bays is considered mandatory. But the client decides whether to choose insurance in case of death and health disorders. In this situation, the law is on his side.
Insurance Features
By law, citizens are not required to take out insurance. It turns out that the bank cannot force the service to be compiled as mandatory, but the law says that loans are not issued without life insurance. This applies to obtaining a mortgage and car loan. If the document is drawn up, payments are transferred constantly, the question arises, how to return insurance for consumer loans?
The beneficiary in this case is the bank. But, as we already said, if there was a full payment of the debt, then the client can issue a return. The bank performs the recalculation and transfer of money. The insurer can receive only compensation. Its size is proportional to the duration of the document.
If there was an early repayment of the loan, is it possible to return insurance? Yes, in this case a refund is possible. But if the debt is repaid on time, then the return of the funds will not work.
The insurance procedure in each case is different. Everything is determined by the type of loan. It can be consumer and collateral. In the first case, life insurance is performed for the client, and in the second case, property.
Savings Options
From many customers of banks you can hear that they have imposed insurance on the loan. How to get her back? In fact, the client can only voluntarily issue. If this still happened, then the price of the service does not need to be included in the loan, since interest will be charged on this amount.
After repayment of the loan, insurance return is required by law. The client must submit an application, which will be considered by the bank. Please note that funds are not automatically transferred. Only after writing the application, submitting copies of documents and making a decision is the payment of money made.
The condition for the transfer of funds is a statement. You can return Sberbank loan insurance if the client has a disease in which it is impossible to sign documents. The list of exceptions is in the contract. But before the signatures, medical examinations do not pass, and the client may not be aware of exceptions, so he pays for the services. In such cases, it is necessary to apply for recalculation and compensation of money. But the client will not be given the full amount, but 87%, since the tax is calculated - 13%.
Insurance at Sberbank
How is insurance returned after a loan is paid at Sberbank? The client has the right to refuse to participate in the loan program. To do this, we repeat, it is necessary to contact the department and write a statement within a month after processing the documents.
But is it possible to return insurance after repayment of the loan if several months have passed? Yes, but then funds will be transferred to the client, minus the costs of registration and taxes. This is about 50% of the down payment. You can return part of the premium if the loan is paid in full and ahead of schedule.
Before returning insurance for a consumer loan, you need to make a statement in two copies. At the same time, copies of the client are marked with the date the document was executed.
Mortgage
How is insurance returned after a mortgage is paid? The pledge is considered a guarantee of compensation for damage after the termination of obligations. It is impossible to terminate such a document without paying a loan.
But a refund occurs in cases where the loan is paid ahead of schedule, and insurance - for the entire period. You need to contact the insurance company and give the following documents:
- statement;
- passport;
- the contract;
- certificate of debt repayment.
Then a recalculation is carried out, after which the remainder is transferred to the client.
Insurance Refund Principles
The law on the return of insurance after repayment of the loan regulates such matters. There are 2 methods to solve this problem. The first is a pre-trial settlement. When the loan is repaid, the return of insurance funds occurs through the company, which was engaged in registration. Do not contact the bank. A financial institution is considered an intermediary. For customer acquisition, he is paid interest.
After repayment of the loan, the insurance is returned to the insurance company. The client needs to write a statement in duplicate, after which they are registered. If the company is far away, you can send a registered letter. The document should indicate the period during which an answer is expected. Along with this, you need to order an extract from the personal account, which indicates how the money was distributed.
And if there was no answer?
If the answer is not received, you need to contact Rospotrebnadzor. You must send a letter to this organization by enclosing a copy of the application, an inventory, a notification of receipt of the letter. If there is no answer from there, then you should contact the court.
A case may take months. If the issue price is up to 50,000 rubles, then you should contact the magistrate’s court. Along with the application, you must submit the contract, loan payments, insurance agreement, determination of the amount of the claim, an application to the insurance company, mail notification, response. It is necessary to calculate the amount of the claim. It is lower than legal costs. You can try to recover through the court, but this does not always help. Applications are accepted for three years.
If bank employees require consumer insurance, they must provide an alternative. Usually it is a program with increased percentages and the inclusion of SMS alerts.
Refund under current contract
To make a refund, a pretrial claim is first filed with a financial institution. It is advisable to use the services of a professional lawyer. No later than 10 days from the receipt of the claim, the bank shall provide a response. When making a claim, you need to familiarize yourself with all the documentation on the loan.
If the bank gave a negative answer, it is important to draw up a statement to the court. This procedure is best entrusted to a lawyer. In addition to the court, you must contact the Rospotrebnadzor. There can be 2 types of lawsuit: in one case the applicant must be present in court, and in the other - he does not need to appear. The court takes about 3-8 weeks from the date of application.
Insured bank
There is no insurance company in this scheme. It turns out that the principles of the Civil Code of the Russian Federation do not apply to such agreements. If the loan was paid, then the insurance will not be returned.
The premium transferred by a financial institution is a payment for additional services. It can be returned upon early repayment. In this case, only the bank can pay part of the amount to maintain its reputation.
Features
What happens after repayment of the loan? You should not independently deal with this issue - it is better to contact lawyers. Usually, some principles are involved. So, you need to focus on the wording in the document on the issuance of credit, which is associated with insurance. The contract indicates that it is valid for the entire period of use of funds. It turns out that if the loan is paid ahead of schedule, then the obligations to the bank are fulfilled.
You can also refer to the fact that there is no risk. The document is drawn up in order to return funds to the bank upon the occurrence of an insured event. If the money was given ahead of schedule, then such protection is not required. By law, the insurance document is valid until the period for which it was drawn up, or if there are no risks of the insured event. Then the company is obliged to return part of the premium.
Not always such arguments apply to insurance companies. Usually issues are resolved through a court. The results are determined by the position of the judge. But the possibility of a refund exists. Insurers, wanting to work with regular customers, write in the documents clauses on the rules for returning the premium if the loan is paid ahead of schedule. You also need to remember the insurance rules, which you must familiarize yourself with beforehand.
Arbitrage practice
And how to get insurance if the insurance company does not want to accept documents? You must contact the consumer protection institution. Workers will deal with many issues, as well as defend your interests in court. Using this method, after repayment of the loan, insurance will be refunded.
In practice, if financial institutions impose additional services on clients, the court will resolve issues in favor of the applicant. In loans, the organization is a seller of services, which offers to issue another document. And thus, insurance is issued in almost every bank. In order to avoid future unpleasant situations, you must first familiarize yourself with all the rules. To do this, you need to study the terms of the contract and any ambiguities should be clarified immediately.