Early loan repayment: It is necessary to know each borrower. Nuances of early repayment of the loan ban on the early repayment of the loan

Banks negatively belong to the debtors on the loan, however, and early loan payments they do not welcome, since they are deprived of the part of the profits.

The borrower also does not always benefit when closing a loan agreement ahead of time.

Let's figure out in the nuances of early repayment of the loan.

Early repayment - This is the introduction of funds in the account of the loan payment in addition to the current loan payment. Armchair payment is a voluntary service and can be requested by the borrower only at your own request.

The loan repayment was previously profitable for the borrower, but the banking staff are not at all glad to such a decision of the client. Why?

The less time the borrower uses loan money, the less will overpay.

If, when paying consumer loans in early order, savings are minimally reflected in the amount of debt, then in the case of mortgage or car loans, the overpayment for loan funding during the entire period may be up to 100% of the body size of the loan.

Early repayment reduces the planned bank revenues.

Previously, until 2011, in the loan agreements of all banks held an item according to which penalties were applied to the borrower for early repayment of the loan.

Since November 2011, changes have been made in the Civil Code of the Russian Federation, in line with which any loan is entitled to pay debt in early order (fully or partly), provided that the bank was notified in writing about the upcoming loan payment for the month. For this credit institutions should not accrue fines.

FZ-№284, which entered into force on 10/19/2011, and Art. The 809 of the Civil Code establishes the right of borrowers to early closure of loan agreements. This rate applies to those clients who took a loan before adopting amendment.

True, banks, adapting to new conditions, try to commemorate possible losses. different ways, eg:

• establish overestimated commissions (Home Credit Bank);
• calculate the commission for recalculating payment schedules;
• impose moisture for several months and limitations on the amounts (VTB 24);
• defuse borrowers, abuse of early repayments, in the following loans (many banks).

If the borrower makes an amount exceeding the payment specified in the schedule, but at the same time insufficient to cover all debt, then we are talking about partial repayment.

For example, the date of repayment of the loan under the contract is September 1, and you remained to pay only 6000 rubles. By July 1, according to the schedule, it is necessary to make 2000 p.

You can add 2 payments at the same time - that is, 4000 r., But at the same time you do not pay the debt completely. Thanks to partial overpayment, the amount of the principal debt is reduced.

At the same time, the Bank is obliged to revise the contract based on the repayment scheme, for example:

• Annuity graph (payment of equal amounts) provides for the recalculation of further payments in a smaller direction. At the same time, the payment is reduced only at the expense of the principal debt, and interest and the commission are not reduced.
• Differentiated graph (decreasing the nature of payments) implies a reduction in the repayment of the loan.

Thus, in the case of a partial repayment, the loan period is reduced in early order or dimensions of monthly payments decrease.

With an annuity schedule of payments in the early years, the borrower will pay mostly interest. This can be seen in the payment schedule.

The percentages are accrued daily to the balance of the principal debt, and the earlier it decreases, the less the ultimate overpayment will be.

Thus, if from the very beginning of the loan to actively repay the debt, making the amounts exceeding the value indicated in the graphic, the overpayment will significantly decrease.

An active repayment after the expiration of the loan period is low, since the main interest is already paid, only the body of the loan remains.

With differentiated payments more profitable for the client reduction of credit period.

In general, both options are somehow beneficial for the borrower, especially if the bank did not establish any restrictions for early repayment.

If the borrower makes the whole amount long before the specified date of the date, then we are talking about complete repayment. In this case, the client saves significantly as percentages, commissions and is exempt from debt.

It is beneficial for the client and during annuity, and with a differentiated repayment schedule.

To close the whole debt ahead of schedule, you need to warn the bank about your intention (preferably in 30 days), and then make the required amount on the repayment account.

The bank writes off the entire amount of debt and closes the loan agreement unilaterally. At the same time, the borrower must be approaching the credit department and take a certificate of the absence of debt to protect itself from subsequent complaints.

In some banks, the client is offered to write a statement, then the Bank's employee closes the contract manually.

What option is used in a particular bank is designated in a loan agreement.

Full loan repayment ahead of schedule - the procedure is responsible. All items are better to specify in the bank to avoid misunderstandings.

For the successful closure of credit debt in a daily order, follow this action algorithm:

1. For 30 days, warn the bank, write a statement about your intention.
2. Specify the amount of debt. If you make at least 1 kopeck less, the loan agreement will not be closed.
3. Pay debt.
4. Take a certificate of the absence of debt on a closed contract.

With partial repayment, the client is very easy to get rid of how much he still has to pay.

To find out the remaining amount when making additional money above the mandatory payment, you need to contact the employee of the credit department of the bank where the loan is decorated.

If the agreement provides for the possibility of paying a loan through an Internet bank, then the amount of monthly payment, as well as the amount to be further calculated, calculates the calculator.

If, when receiving a loan, insurance was paid, the borrower is entitled to require also the recalculation of the sum of the insurance premium.

True, credit lawyers believe that when terminating a loan agreement in a daily basis, the insurance amount is equal to zero and the borrower can no longer count on insurance payments.

However, lawyers are ready to defend the borrower's right in court, if, according to the application, the Bank voluntarily does not recalculate insurance and will not return the difference.

There is a myth that early repayment of debt in the bank spoils a credit history. This is not entirely true.

The quality of credit history is directly affected by:

• delay;
• recovery from the client of debt through the court;
• false data specified by the client in the questionnaire;
• a large number of microloans at the same time.

However, you should not abuse early repayment. If the client often repays the debt ahead of time, then upon the next application, it may refuse.

This is especially true of borrowers who extend loans for a third or half of the term laid under the contract.

Note! There is a so-called "gray list" in which banks enter customers, more than 3 times extinguished a loan ahead of schedule, without giving them to earn a planned amount.

Finding in this list can be a reason for a person withdrawal in any bank. By the way, banks are not obliged to inform the client about the reasons for the rejection of the application, so the "gray list" is quite actively used.

Features of early repayment of the loan in Russian banks

Despite the fact that since 2011, the possibility of early repayment of the loan is legal in Russia, each bank has certain features relating to this issue.

In Sberbank, an early payment of both mortgage and consumer loans is allowed, full and partial repayment is allowed.

With full repayment it is necessary:

1. Make the rest of the past amount on your own account.
2. Write a statement with a request to the early fulfillment of the loan obligations.
3. Transfer the desired amount to the Bank's account.
4. Wait to write off the money.
5. Get a certificate about the lack of any claims from the bank.

With partial repayment, the financial institution makes the recalculation and changes the payment schedule. When making a major amount, as a rule, the loan period and the size of further payments are reduced.

If the client wants, an increase in the volume of regular contributions is allowed in Sberbank while reducing the term.

In cases where insurance is issued on a loan, to return money to the client can only for the unused part of the term. For this purpose, a statement is written to a bank or insurer. The sample will be provided in the bank.

What documents are needed? Copies are attached to the application:

• passports;
• credit agreement;
• certificates about the absence of debt.

Tip! Pre-make sure that the contract with the insurance company provides for the return of funds in case of early termination, otherwise it will not work out money for insurance.

This bank also resolves premature calculation on the loan both partial and complete. The procedure is carried out according to the application of the loan.

2 types of partial repayment are offered:

• reduction of contributions at the initial period;
• reducing the term with the condition for preserving the initial amount of payments.

In VTB 24, there are no restrictions and sanctions against borrowers who decided to pay early to the bank. Distribute the Credit Agreement Customer may at any time.

Customer VTB 24, planning an early repayment of the loan, should contact the Bank's Office, present his passport and the contract number, write a statement.

Features you need to know the VTB client:

• The written notice is transmitted to the bank at least 24 hours before the planned repayment.
• Money is entered on any day specified in the statement.
• If money will not go to the bank in the designated date, the client's requirement is canceled.
• After the early payment of the loan should be seen in the closing of the loan.

Early repayment of the loan in this financial institution also implies 2 options:

• reduction of credit period;
• reducing payments.

Similarly requires a bank notification about its intention in writing. In a statement, which is served before the payment date, you should specify the amount on which early repayment is made.

An employee of the bank should demand a photocopy of his appeal against confirmation of the receipt and printing of the institution. Next, funds are transferred to the client's account or are transmitted to cash.

Tip! Be sure to make sure that the listed funds entered the balance sheet.

At the time of repayment, the borrower should be sufficiently enough to pay off all debt, plus a monthly contribution made by the agreement. Otherwise, the loan will not close.

Early closing of the loan - the right of any borrower. However, in order to take advantage of them most beneficial for themselves, you need to take into account those nuances that are described above in the article.

In addition, early repayments should not be carried away, so that in the future does not deprive themselves the opportunity to get a loan.

Video: early repayment of the loan

Just a few years ago, for those who decided to take a loan from the bank, the question was whether the consumer loan can repay early.

Since the law did not regulate this, in each bank there were their own rules. Somewhere there was a moratorium on early quenching. This meant, for the implementation of the payment in a larger size than is provided for by the schedule, there was a certain period of time (for example, half a year) to pay a loan.

In others, fines were charged for the commission of early quenching.

Thus, banks tried to prevent customers to resort to early quenching. The reason is simple: for a credit institution returned earlier, the loan is loss of interest income. And it is already responsible for the question whether early giving the loan for the borrower.

Early repayment on existing legislation

Now you can repay an annuity loan ahead of time in any bank. The law provides that creditors do not have the right to prohibit borrowers to return money faster than planned, as well as set any requirements for early gassing (for example, the Bank cannot establish the minimum amount of additionally contributions or their frequency).

Banks are available only to include in the loan agreement the item on how early giving the consumer loan will occur: with a decrease in the term of the loan or with a decrease in the monthly payment.

Some can offer customers a choice, others leave only one way. In this case, the borrower can only come to terms, because the law it is said that the client has the right to perform partial and complete early quenching. This will decrease the period or monthly payment, it is not written anywhere.

So, discussed what early quenching and is allowed or prohibited, let's talk about how profitable it is.

Is it profitable to repay the loan ahead of schedule?

As already mentioned, if the client exhes a loan ahead of schedule, the bank loses interest. And since the bank interest does not receive, therefore, the borrower does not pay them. It turns out that partial early repayment of the loan in the bank is beneficial.

Making early quenching, you need to remember some important things.

First, the recalculation of interest concerns only future payments. If you paid a loan year, then no one will return interest during this period. At this time, you used money at this time, therefore, the Bank paid interest honestly earned.

Secondly, the bank will only pass interest. No matter how many times you make early quenching, the principal debt will not change. That is, it will decrease, naturally, but the amount you will pay off. Additionally, the bank will not write anything.

Thirdly, the bank will receive their interest in any case. In accordance with the loan agreement, the composite parts of the payment are written off in the following order:

• penalties, penalties;
• overdue debt;
• interest for the current month;
• main debt.

As you can see, while the bank does not write absolutely all the accumulated debt, it cannot be reduced to reduce the principal debt and speech.

How much will the principal debt decrease after the "arrival"?

In your payment schedule, each monthly payment is divided into 2 parts: the main debt and interest for the use of the loan. For a month, the Bank must take as much interest with you as written in the chart.

Therefore, coming to the bank with a certain amount of money, keep in mind that the principal debt will not decrease on it, but on the difference between the submitted amount and interest for this month.

For example, the client makes early quenching in March, in which the bank should receive 3,850 rubles percent from it. At the expense of the client put 40000 rubles. After the procedure for early quenching, loan debt will be less than 36150 rubles.

When to conduct early quenching?

How profitable will early harvesting, it depends on what time after taking a loan to hold it. Remember the rule of the second: only interest is recalculated. Therefore, it is advisable to execute early quenching at that time when percentages are charged most.

Open your payment schedule and look at the column with interest on the loan. Regardless of whether you have differentiated payments or annuity, the amount of charge charged is constantly decreasing. That is, in the first months they are the biggest.

With annuity payments, approximately by the middle of the term, the amount that is taken for the use of the loan is equal with the amount going on to quenching loan debt. In the second half of the term of the loan agreement on interest flows less than the principal debt.

This should be simple output.

It is more profitable to conduct early quenching in the first half of the term of the loan agreement.

If you do it closer to the planned closure of the loan, then you will not receive any benefit. Just close a loan a few months earlier. However, it will bring it more moral satisfaction.

Reducing the deadline or payment: what is more profitable?

If the bank decided for you, reduce time or payment, then it is not about to think about: you need to get the maximum benefit in the proposed circumstances.

If the decision falls on you, then the desire to save more is inevitably. Make so that ultimately pay less percent.

What do I need to do?

First of all, it is necessary to remember that overpaid directly depends on the term of the loan agreement. The longer you will pay a loan, the more in the end you will pay. Already this implies that it is more profitable to reduce the loan period.

Consequently, choosing a way of early quenching, you need to repel from your financial load. If you have a lot of loans, the total payments for which the crap is eaten, the payment will be more logical than the payment. Let you save less than they could, but it will be easier for you to pay a loan.

If you are satisfied with the size of the monthly payment and after it is made enough money remains to maintain the usual lifestyle, then you need to reduce the loan period. It will not be harder for you because the payment will not increase. And the benefit to percentages will be tangible.

To make sure in the benefit of a change in the term, you can contact the bank and ask to show two variants of the schedule: the first one with a decrease in the period, the second - with a decrease in payment when conducting early quenching to the same amount.

The formula for which calculations are carried out when conducting early quenchings, you will not say. Yes, and employees know it only in general, everything counts the program. However, to understand what option is more profitable, you can easily. To do this, look at the column of "Total" in the column with interest payments in both charts. If the loan is large enough, then the difference can reach 100-150 thousand rubles.

With a decrease in the term, the overpayment will be less than with a decrease in the monthly payment.

To figure out how early giving a loan occurs, it is necessary to understand how monthly loan payments are made.

As a rule, people coming to the bank and paying money to the employee, believe that in this way instantly make a loan payment. Although in the loan agreement it is written that it is not.

An account on which the loan arrears directly occurs, starts at 455. Take the documents and see what an expense make an account. cash you. It begins either by 423 or 408.

This fact does not depend on what bank a loan is taken, since the account system is the same everywhere, it is regulated by the Bank of Russia.

You make money on this score, and there they lie before the date of the nearest payment. And on this day they automatically go to the account 455, where they are reflected as a monthly payment.

No matter how much you put on an account to write off, exactly the amount that is provided for by the schedule will arrive at the loan.

What do you need to repay the loan ahead of schedule? So that early quenching has passed successfully, it is necessary to either independently issue this procedure in the Personal Account on the website of your bank, or come to the bank and tell the employee that you want to go to the loan more money than planned.

An employee at the same time will give you to sign a statement for early quenching. Its form in each bank is its own, but information on the loan agreement, the amount and the date of write-off there will probably be.

Alone the statement to write is most likely not: such forms are usually formed by the program, after which the client simply puts its signature.

The deadlines for execution of the application should be specified in the credit organization: somewhere the quenching is made on the next business day, somewhere in the same one. And some banks practice conducting early wrapping online.

Who can arrange early repayment?

According to consumer loans, the borrower is usually one person. Coskers - the phenomenon is quite rare. But the mortgage, on the contrary, is more often taken by a husband with his wife together. Moreover, in a number of banks, spouses are obliged to become co-coaches.

In these cases, a question arises whether the one who in the loan agreement is registered by the second is registered may be carried out. Of course, the requirements depend on the bank.

However, from the point of view of the law, both coaches have absolutely equal rights and obligations regarding the common loan.

Performed early quenching (full or partial) has the right to any of the coaches.

The reverse situation is observed if one of the spouses takes a loan, and the second, without being a coacher, wants to conduct a procedure for early quenching. It will be able to transfer money to the account, as any person can do this, but it will not be possible to write a statement for early quenching.

Early trusting

In this case, it is necessary to either come to the bank of the borrower, or ask him to arrange a notarial power of attorney on the spouse / spouse, where to register what powers he permits to do.

Than more details are described by the rights of a trusted person in a power of attorney, the better. The procedure for repaying the loan by a finally trusted person in each bank, therefore should not be separated by common phrases.

Regardless of the bank creditor, the NOTARY must register the following information in a power of attorney:

• data of the principal and trustee;
• a loan agreement on which the power of attorney is issued;
• operations, the commission of which is provided for by this power of attorney (receiving certificates, carrying out full or partial early quenching and so on).

If it turns out that the power of attorney is spelled only the right to issue early repayment of the consumer loan, then after that you are unlikely to say, the money was successfully written off or some problems arose.

Conclusion

So, early quenching can issue any of the coaches to any amount. It is possible how much it is possible, banks are not entitled to impede this procedure. She plays a client on hand, so if you have it possible to better pay off a loan ahead of schedule.

To get the greatest benefit, a loan period should be reduced, and not a monthly payment. As for the question of when it is necessary to expect a loan in a bank ahead of schedule, it is advisable in the first half of the term of the contract: the savings percentage is maximum.

Recently, the courts have become increasingly done claims, the subject of which is to protect the rights of citizens-borrowers in terms of providing the possibility of gratuitous repayment of debt on loans in earlier than this is indicated in lending agreements. In the overwhelming majority of cases, the courts occupy the side of borrowers and controlling state bodies facing consumer protection. In this material, we will consider the question of the legal basis of payment by banks by banks with citizens for early repayment of loans.

Credit relations, among other things, are also characterized by the opposite of interests of their immediate participants. On the one hand, borrowers in order to eliminate the possibility of a large loan overpayment is beneficial to pay off existing debt and stop all contractual agreements with the bank. On the other hand, banks are aimed at obtaining annuity payments precisely in the volume in which they are spelled out in loan agreements and, as a result, to preserve long-term borrowed relations with their clients.

Pursuing the specified goal, many banking institutions include the text of their typical loan contracts of the provisions that determine the paid nature of early loan payments. At the same time, representatives of credit institutions, justifying the legitimacy of such provisions, as a rule, refer to the fact that during the early repayment of the loan, the Bank bears quite natural losses in the form of an undergoing income. Following this logic, it would be reasonable to assume that the debtor in all such cases is obliged to pay a certain amount of money in the form of a commission (penalties, fine) for the early repayment of the loan, which compensates for the bank incurred financial losses.

Indeed, a person whose right is broken, may require full refund of damages caused to him. Under losses are understood by the costs that the person whose right is broken, produced or should produce to restore the violated right, as well as the incomplete income that this person would receive under the usual civil turnover conditions if its right was not broken. If the person who violates the right, received due to this income, the person whose right is broken, has the right to demand compensation along with other losses of missed benefits in the amount of not less than such income. For its part, a penalty, as a fine and penalty, is recognized as a law or agreement, which the debtor is obliged to pay the creditor in case of non-fulfillment or improper fulfillment of the obligation, in particular, in the event of a delay.

Meanwhile, the early repayment of debt on the loan agreement in its legal sense is not a violation of contractual obligations to the extent that it can entail the imposition on the borrower of civil law sanctions. Here you need to pay attention to the following circumstances. In accordance with civil law, citizens and legal entities are free in concluding the contract. The terms of the contract are determined at the discretion of the parties, except when the content of the relevant condition is prescribed by law or other legal acts. In cases where the condition of the contract is provided for by the norm, which is applied to the instertainment, since the Agreement of the Parties has not been established otherwise, the parties may exclude its application or establish a condition other than those provided in it.

According to a loan agreement, a bank or other credit institution undertakes to provide cash by the borrower in the amount and on the conditions provided for by the Treaty, and the borrower undertakes to return the amount of money and pay interest on it. The relations under the loan agreement applies the rules provided for for the loan agreement. At the same time, unless otherwise specifically stipulated by the loan agreement, the loan amount is considered to be returned at the time of transferring its lender or enrollment of relevant funds to its bank account. If the obligation provides or allows you to determine the day of its execution or period of time during which it must be executed, the obligation is subject to execution on this day or, accordingly, at any time within such a period. In cases where the obligation does not provide for its execution and does not contain conditions that allow you to determine this period, it must be executed within a reasonable time after the occurrence of the obligation. At the same time, the debtor is entitled to fulfill the obligation to the period, unless otherwise provided by law, other legal acts or conditions of the obligation, or does not follow from its being.

As for directly credit agreements, paragraph 2 of Article 810 of the Civil Code Russian Federation There is a possibility of early return of the loan amount provided for interest, subject to the consent of the lender. At the same time, the law of the borrower's right to the early return of the loan is due only to the consent of the lender and is not associated with the need to pay the Commission. In turn, in accordance with paragraph 1 of Article 393 of the Civil Code of the Russian Federation, the possibility of imposing a property obligation to the debtor is addressed to the non-fulfillment or improper fulfillment of their commitment to the lender.

It follows that the actions of the consumer borrower on the early return of the loan with the consent of the lender may not indicate the non-fulfillment or improper performance of the relevant obligation and, accordingly, cannot entail an offensive for a borrower of negative consequences in the form of a lender's right to present additional property requirements for the debtor and Debtor's commitments to meet such requirements.

So, the analysis of the above rules shows:

The only possible reason for early repayment of the loan is the consent of the lender for early repayment of the loan. Such a condition for the early return of the loan, as the penalty from the borrower, the legislation is not provided;

Early repayment of the loan amount is the proper performance of obligations in an earlier term than this is established by the Treaty;

No sanctions for early repayment of the loan is not established by the current legislation.

Therefore, the inclusion of the conditions for the material responsibility of the borrower - an individual for the proper execution of the loan agreement in terms of the implementation of the relevant right to the early return of the loan with the consent of the lender contradicts the law, and therefore may be challenged in court. The legality of this conclusion was confirmed, in particular, the FAS of the Eastern Siberian District in the Regulation of June 23, 2009 N A78-7046 / 08, the FAS of the Ural District in the Resolution of July 2, 2009 N F09-4622 / 09-C1, FAS The Volga-Vyatka district in the decision of 29.08.2008 N A79-720 / 2008 and the FAS of the Eastern Siberian District in the decision of 14.05.2008 No. A33-12575 / 07-F02-1933 / 08.

However, in addition to providing borrowers, the possibility of challenging on the court of contractual conditions providing for a fee for early repayment of credit debt, the inclusion of such conditions into the text of the contract may entail adverse effects for the banks themselves. Speaking about the responsibility of credit institutions in relationships with borrowers - individualsIt is necessary to take into account first of all the fact that the rights of individuals in this field are protected by law on the protection of consumer rights. According to domestic legislation, in cases where one of the parties in civil-based obligation is a citizen who uses who orders, or having an intention to acquire or order or order services for personal household needs, such a citizen enjoys the rights of the parties in the obligation in accordance with the Civil Code of the Russian Federation, as well as rights provided by law "On Consumer Protection".

This rule is fully applied to financial relations arising between credit institutions and citizens. In particular, this is stated in the decision of the Supreme Court of the Russian Federation dated September 29, 1994, dedicated to the practice of consideration by the courts to protect the rights of consumers. Here, the Supreme Court indicated that the relations protected by the legislation on the protection of consumer rights may arise from the contracts for the provision of financial services aimed at meeting the personal needs of a citizen, including the provision of loans, opening and maintaining accounts and other contracts. Consequently, relations regulated by legislation on the protection of consumer rights may arise from almost any contracts aimed at meeting personal, family, domestic and other needs of citizens. Exceptions here are only relationships related to the implementation of entrepreneurial individuals.

The law itself states that the terms of loan agreements that infringe upon the rights of consumers compared with the rules established by laws or other legal acts of the Russian Federation in the field of consumer protection are invalid. In turn, on the basis of part 2 of Article 14.8 of the COAMA of the Russian Federation, the inclusion of the conditions in the contract imparting the consumer rights established by the law, entails the imposition of an administrative penalty on legal entities in the amount of ten thousand to twenty thousand rubles.

The typical position of arbitration courts on this issue expressed the Federal Arbitration Court of the North-West District in the decision of 10/21/2008 No. A56-6857 / 2008.

From the materials of the case, it followed that the Bank was concluded a contract with a citizen about the provision of a loan, one of whose items stipulated a condition about a fine in the amount of 1000 rubles for the complete early repayment of the loan debt. Having studied the arguments of the parties, the court acknowledged that the penalty for the early repayment of debts under the contract contradicts the norms of the Civil Code of the Russian Federation and infringes consumers established by law.

At the same time, the court indicated that the arguments of the credit institution about the absence of guilt in perfect violation, as well as that the conditions infringerating the rights of the consumer were included in the contract with the consent of the consumer himself, are illegal. Here, the court noted that, since the contract for the provision of a loan is typical, the possibility of changes in the controversial terms of the contract to the consumer is not represented.

As for the guilt of the bank, in accordance with Article 1.5 of the Codex of the Russian Federation on Administrative Offenses, the person is subject to administrative responsibility only for the administrative offenses in respect of which its fault is established. The person attracted to administrative responsibility is not obliged to prove his innocence. Fatty doubts about the guilt of the person involved in administrative responsibility are interpreted in favor of this person.

According to part 2 of Article 2.1 of the Codex of the Russian Federation on Administrative Offenses, a legal entity is responsible for committing an administrative offense if it has been established that he had the opportunity to comply with the rules and rules, for the violation of which administrative responsibility is provided, but this person has not received all dependent From him measures to comply with them.

Since in the case under consideration, the Bank had the opportunity to comply with the rules and norms, for the violation of which administrative responsibility was established, its fault in committing an offense is established, concluded the court.

In terms of high competition between banks, more and less stringent requirements are made to borrowers, and almost any person can afford to make a loan. However, the return of the loan is still the same responsible business, and if it comes to repayment ahead, additional nuances arise. In order to take place early with the bank on the conditions most favorable for themselves, it is necessary to take into account all the nuances of early repayment of the loan.

Early repayment

What is saving for the client becomes a loss for the bank. Previously, the banks charged the commission for early repayment, severely limited him in the amount and even penalized customers for hasty deliverance from debt.

More banks cannot do this thanks to the law No. 284-FZ, which entered into force on 10/19/2011 and made changes to Art. 809 Civil Code. From now on, clients' right to close lending agreements ahead of schedule. But it is more pleasant that the norm has a reverse force: it applies to those who managed to take a loan before adopting amendment.

Banks adapt to new conditions:

• initially establish overestimated commissions (for example, Home Credit Bank);
• install the moratories for several months and limitations on sums (for example, VTB 24);
• calculate the commission for recalculating the payment schedule;
• defuse abuse early repayments to borrowers in the following loans (most banks).

Therefore, it is perfect, but you need to be able to use it correctly.

Full and partial repayment

Partial redemption

If the client makes a sum that is significantly higher in the graph on a specific date, but not enough to complete the closure of the debt, then we are talking about partial repayment.

Example. Repayment date under the Agreement - October 1, and you have to pay 6000 p. By August 1, it is necessary to make 2000 p. on schedule. You can add 4000 r., Aversion of the schedule, but not going through the debt completely.

Thanks to the partial overpayment, the amount of the principal debt is reduced. At the same time, the Bank revises the contract depending on the repayment scheme:

• Annuity schedule (repayment of equal payments) - recalculate the size of further monthly payments in a smaller side. In this case, the payment is reduced only at the expense of the principal debt, the Commission and interest are not reduced.
• Differentiated graph (repayment of decreasing sums) - the loan repayment period is reduced.

Full repayment

If the client makes the amount required to repay a loan long before the specified date, then we are talking about complete early repayment. In this case, the client saves significantly as percentage, commissions and becomes free from debt. It is possible with annuity, and with differentiated repayment. To close the debt completely, you need to calculate the necessary amount and warn the bank about your intention in 30 days, and then make money to the repayment account.

When a full repayment occurs, two scenarios are possible:

1. The bank writes off the entire amount of the debt and closes the contract unilaterally. But the client must still go to the department and take a certificate of the absence of debt to protect itself from possible complaints.
2. The debt is extinguished, the client must write a statement and approach the bank employee to cover the contract manually.

What scenario is acting in a particular bank, you can learn from a loan agreement, an employee of a branch or a hotline.

Rules of early repayment

Full repayment ahead of time - a procedure requiring attention. All items need to be specified in the bank, to avoid misunderstandings.

For a successful repayment, such a plan should be followed:

1. A warning. It is necessary to warn the bank for 30 days. Some banks may be shorter. About when and in what form to make an application for early closing of the contract, you need to learn in the bank or find this information in the contract.
2. Clarification of the amount. Debt must be completely repaid. If you make at least 1 kopeck less, then the contract will not be closed.
3. Payment of debt. The date of early repayment in most cases will be considered the nearest date of making another payment. The bank has the right to charge all interest and commissions appointed to pay before that day.
4. Control. Make sure the bank completely debid debt. Take a certificate confirming the lack of debt on a closed contract. If we are talking about partial early repayment, then in most cases you can simply add the amount more required. However, you should find out the conditions of a particular bank and stick to them, as well as check outpaces after each repayment.

Why can not be abused early redemptions?

If the client is too often paying debt ahead of time, then sooner or later he will be denied the next loan. This is especially true of customers who extend loans 2-3 times faster than the contract.

There is a "gray list" in which banks enters customers who do not give them to earn the desired amount, and in the future it can cause refusal to any bank. Banks are not obliged to report the reasons for customers to customers, so this tool is actively used.

The early closure of the loan agreement is the right of any borrower. But in order to take advantage of them with the maximum benefit, you need to take into account the many nuances in order not to harm yourself. In addition, early repayments should not be takenlated in order not to deprive themselves the opportunities to execute loans in the future.

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Video

We invite you to familiarize yourself with the useful video on the topic of the article.

Hello! With you, Dmitry Ovsyannikov and the project "".

Each second loan borrower sets about two identical questions:

The first question concerns early repayment of the loan: the fact of early repayment: "Will it be possible to repay the mortgage loan ahead of schedule, or the bank prohibit early repayment of the loan?"

Well, the second question concerns the bank's charge of various commissions in early repayment: "And what are the commission in the bank, if I want to repay the mortgage loan ahead of schedule?"

So, my dear, on October 19, 2011, the then President of the Russian Federation, Dmitry Medvedev, the law number 284-FZ was signed (you can find it on the Internet) "On Amendments to Article 809 and 810 of Parts of the Second Civil Code of the Russian Federation" .
The name is complex, and therefore the law is more known as the "law on early repayment of the loan."

The law is short enough, and fits on one page of the printed text:

"Make the following changes to the second Civil Code of the Russian Federation:

1) Article 809 to supplement item 4 of the following content:
"four. In the event of a return, the loan amount provided for interest in accordance with paragraph 2 of Article 810 of this Code, the lender has the right to receive interest from the borrower under the loan agreement accrued inclusive to the return of the loan amount of the loan or its part. ";

What follows from this?

What is the lender (or lender), that is, the one who issues a loan (or a loan) has the right to get interest for using this loan: those percentages that "Natikali", "dug" to the moment that a person has gathered to produce early repayment of the loan (or its parts).

All: Nothing more, in accordance with the law, the Bank charge is not entitled.

2) in paragraph 2 of Article 810:

a) the second paragraph shall be amended as follows:
"The loan amount provided for the interest of the borrower-citizen for personal, family, home or other use, not related to business activities, can be returned to a borrower-citizen ahead of time or in parts, subject to the notification of this lender for at least thirty days before day of such a return. A loan agreement can be installed a shorter period of notification of the Leader about the borrower's intention to return the money ahead of schedule. ";

Well, immediately read the next item, because it is important enough:

"The loan amount provided for interest in other cases can be returned early with the consent of the lender."

What does it mean:

What if a person takes a loan or loan, then he has a full right, notifying the bank or other credit institution for 30 days, pay off this loan. This right is given to him by the relevant law.
But if a person takes a loan not for himself, not for personal goals, but, let's say, in this case, in this case, it can only pay off a loan, it can only with the consent of the lender (or with the creditor's agreement).

Therefore, the issues of borrowers about whether a person can repay a loan ahead of schedule, whether he gives such right bank or does not give, today, do not make any sense: this right is provided for by law, and the bank cannot prevent a person in early repayment of its loan ( or parts of this loan).

How does this happen in practice?

Imagine this situation that, let's say, I took a loan. And I have a loan repayment date - the 15th day of each month.

If I notify the bank that I am going to repay the loan ahead of schedule (parts of the loan), then the bank at the date of application of the planned payment must write off:

• planned payment, including interest that came to the use of a loan during up to the 15th, and
• the amount that I will bring to early repayment.

As a rule, according to the rules of most banks, you need to notify the bank about the week. Some banks require them to be notified in two weeks.

If the bank does not negotiate anything and prohibits early repayment, then in this case, we submit to the bank a statement about the intention to make an early repayment, and after 30 days we come to the bank with money. The bank is simply obliged to accept the money that you brought to early repayment.

But here there is one "but":

As a rule, banks set a slight limit on the amount that is ready to take to early repayment.

What is caused by such a limitation (maybe this is not entirely legal, but, nevertheless, it is in practice). What is caused: let's say, the man brought two rubles to the bank and three kopecks. Bank employees must recalculate the payment of the borrower, should take these two rubles and three kopecks, must compile a new payment schedule for the borrower, to give it a borrower under the signature ...

That is, it turns out that the cost of paper and works is more expensive than that the amount that the borrower brought to early repayment.

That is why, many banks say that: "Dear borrower, we are ready to take the amount at the expense of early repayment, but it is desirable that this amount is no less ..." (5000, 10,000 or not less than the monthly payment).

That is, there are such limitations in banks.

Everything. Other restrictions - no.

That is, if you take a bank credit or in a different credit organization - you can not worry: you have the full right to make an early repayment of a loan or loan, fully or partially.

Thanks for attention.

I was me, Dmitry Ovsyannikov and the project "".

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