Today, every fourth Russian family has an outstanding loan. Even the most responsible citizen can face the problem of late payment on a loan. The reasons may be the loss of a job, a deterioration in the financial situation, or the inability to deposit money.
Of course, the best way not to have problems with banks is to objectively assess your own financial situation and carefully study the terms of the loan agreement before taking out a loan.
But what if the borrower suddenly finds himself in a difficult financial situation? The main thing is not to cry and panic. The very first thing to do is contact the bank and describe the current situation. You can try to convince the lender to grant deferred payments and change the payment schedule. Many banks accept such requests positively and meet borrowers halfway. They can even cancel the accrued interest. But in any case, responsibility and problems associated with non-payment of the loan cannot be avoided.
What sanctions can be applied to the debtor
The most common measure is the imposition of fines and penalties. There are several penalties:
- increased interest for using a loan;
- payment of a fixed amount for each day of delay in the form of penalties and fines. The fine is a one-time sanction, the amount of the fine varies depending on the bank. Penalty interest is calculated based on the number of days of delay.
In the near future, the State Duma should consider amendments to the law "On consumer loans", setting a fixed amount of penalties for delays - 0.05-0.1% of the amount of debt for each day of delay.
Fines are not the only thing that awaits the debtor, even with a minimal delay. The Law "On Credit Histories" obliges banks to report delinquencies of borrowers to the BCH 1-2 times a week. Moreover, the bank is obliged to do this regardless of the number of days of delay.
Algorithm of banks' work with problem borrowers
In most cases, the algorithm for a bank with a problem borrower is as follows:
1. A bank employee contacts the borrower to find out the reasons why payments have stopped. The borrower can convince the bank to grant him a deferred payment of up to 1 month. If we are talking about a delay in a car loan, the car can be confiscated and kept on a penalty site until the debt is paid off.
2. If payments are not made for more than 1-2 months, the bank transfers the work with debt to collection agencies. They will initially call with a reminder of the debt, send letters and SMS, then they can visit the defaulter in person.
3. If the collectors failed to collect the debt, the bank has the right to sue the borrower. According to statistics, in 99% of cases, banks win in the courts of first instance.
What property can the bank use to collect a debt
From the moment the bank wins a lawsuit, debt collection becomes a matter for bailiffs.
The first thing that the foreclosure is levied on is the debtor's funds. This refers to his savings, deposits in banks and other financial institutions.
If the debtor does not have such savings, the court may order to deduct the money to repay the loan from the salary. This is done compulsorily. It should be borne in mind that the borrower will not remain without a salary at all and he will have dinner for what. The Labor Code states that the amount of deductions cannot exceed 50% of the total amount of the employee's remuneration. At the same time, the amount remaining at his disposal must not be lower than the minimum wage. In 2014, it is equal to 5554 rubles.
Debt collection cannot be carried out at the expense of the debtor's housing; land plot; household items and personal items (except for jewelry and luxury items); food products; social payments and compensations.
The borrower can independently indicate the property at the expense of which the debt can be paid. However, the final decision in any case will be made by the court.
It's good if the sanctions run out on debt collection. In case of malicious non-payment of the credit line, the borrower may be sentenced to 2 years in prison under Article 177 of the Criminal Code of the Russian Federation. If the borrower took out a loan and already initially planned not to pay it, he may be convicted of fraud.
