First of all, it is worth looking into the contract with the bank — there are answers to many questions, including about overdue payments. And read the law on loans Federal Law "On Consumer Credit (loan)" dated 12/21/2013 No. 353‑FZ , which contains all the information about the legal relationship between the borrower and the credit institution.
This is usually the practice. If the borrower has not paid on time, the credit institution may charge him a fine. But if less than three days have passed since the set date, the bank may consider the delay to be technical. In this case, there will be no penalties. But the borrower himself must contact the bank and tell them that he will not be able to deposit money on the specified date. It is worth doing this on the day of payment, or better yet the day before.
The bank may meet halfway and not charge a penalty if the payment is overdue for the first time and the borrower will be able to repay it within the next 1-3 days. It may not go — it depends on the bank. But even if the delay is recognized as technical, the following payments should be repaid on time. For the second failure, the bank will almost certainly charge a fine in order to force the payer to carefully fulfill his obligations.
There are situations when incomes drop sharply. The borrower misses one payment and is not sure that he will be able to repay the debt quickly. Moreover, he does not know at all whether he will be able to regularly deposit the required amount. In this case, you should immediately contact the bank and try to negotiate new terms. A financial institution can offer several options.
They will allow you to pause Federal Law "On Amendments to the Federal Law "On the Central Bank of the Russian Federation (Bank of Russia)" and Certain Legislative Acts of the Russian Federation regarding the Specifics of Changing the Terms of a Loan Agreement, loan Agreement" dated 04/03/2020 No. 106‑FZ, Article 6 repayment of the loan for up to 6 months. The borrower must make the next payment after the postponement, and there will be no interest, penalties and fines for this period. But the borrower will need to provide the bank with documents that confirm a sharp drop in income. For example, a sick leave or a copy of the employment record with a record of dismissal.
In this case, the bank may also ask for documents indicating a decrease in income.
The grace period is very similar to a postponement. But if in the second case you do not need to pay for several months at all, then in the first there is still a regular payment. However, it is greatly reduced compared to the usual amount. And it remains so until the end of the grace period. And then it becomes the same.
The bank may propose a loan restructuring. In this case, the amount of monthly contributions may be reduced, and the loan term may be extended. You will also have to pay regularly, but in smaller amounts than in the original contract.
It is important that the bank can issue credit holidays or a grace period only to those customers who previously did not allow delays. And those whose credit history has no problems with previous loans.
The method is suitable for those who pay off several loans. They can be issued in different banks. The task of refinancing is to combine all obligations into one loan and repay only it. The interest rate in this case may be lower than the amount of monthly overpayments on several loans and cards at once. In addition, the bank may extend the loan term. Then the borrower will repay the debt for longer, but the monthly payments will be less, and he will be able to make them without problems.
If the borrower does not make regular payments for a long time, he may have problems. As a rule, banks first try to negotiate with customers and resolve all issues peacefully. Within one to two months, the borrower will receive regular calls from employees of the financial institution to ask when the payment will be received.
The scenarios of communication with creditors may be different. Representatives of one bank may not talk very politely to debtors. They will strongly demand repayment of the debt, interest and penalties that are growing every day. The staff of the other one will try to offer various ways out of the current situation. For example, to carry out the same refinancing.
When the situation has already moved into the stage of calls, it is better not to ignore such conversations. Nevertheless, we must look for a solution with the bank that will suit all parties. But if the client does not want to cooperate, the bank can go to court.
If the delay exceeds 60 days, the creditor has the right to demand Federal Law No. 353‑FZ dated 12/21/2013 "On Consumer Credit (loan)", Article 14 repay all remaining debt with interest. The refund period is from 30 calendar days.
If the amount of debt does not exceed 500 thousand rubles, the bank can apply Resolution of the Plenum of the Supreme Court of the Russian Federation dated December 27, 2016 No. 62 "On certain issues of application by courts of the provisions of the Civil Procedure Code of the Russian Federation and the Arbitration Procedure Code of the Russian Federation on writ proceedings" to the arbitration court or to the justice of the peace.
In this case, the meeting may take place without the participation of the borrower. The court, if all the documents are available, will rule in favor of the plaintiff, that is, the financial organization. A court order for debt collection will be sent to the borrower himself, as well as to bailiffs. Then they can withhold part of the salary on a monthly basis, seize property and prohibit the debtor from traveling abroad. Well, the defendant, that is, the one who did not pay the loan, will also have to pay off the court costs.
Each financial institution decides for itself how to deal with unscrupulous borrowers, and there is no single standard here. For example, instead of a court, a bank may turn to collectors. But in any case, the defaulter will have to pay. And the greater the delay and the less desire to resolve the conflict, the higher the final amount may be. Therefore, it is better to solve all problems with the bank when the first problems with payments arise.
If the debt is from 50 to 500 thousand rubles, the borrower can apply to the MFC with an application. In it, he must report on all available loans, as well as the inability to pay off debts. In this case, he can undergo an out-of-court procedure How to file bankruptcy through the MFC without court and state duty / Public services bankruptcy.
But if the borrower's income allows him to pay off creditors or he has property that can be sold to pay off the debt, he will not be recognized as bankrupt. And you will still have to give the money back, only after the sale of the property. Or with the help of monthly salary deductions.
If the amount of debt exceeds 500 thousand rubles, the debtor needs to apply to become bankrupt Federal Law No. 127‑FZ dated 10/26/2002 "On Insolvency (Bankruptcy)", Article 213.4 to the arbitration court.
A citizen can wait up to three months for a decision. If the court finds that the borrower is really insolvent, he will be recognized Federal Law No. 127‑FZ dated 10/26/2002 "On Insolvency (Bankruptcy)", Article 213.6 bankrupt.
But in this case, it will be very difficult for him to get loans in the future — his credit history will be badly damaged. And if the bank is ready to issue a loan, it will be for a very small amount.
