A loan from a bank is an expensive pleasure in itself, although it is often necessary. And when it turns out that the bank, in addition to the interest, charges illegal levies in the form of a commission for maintaining an account, any person will feel cheated. But do not dwell on the thought that it is better not to get involved with "financial sharks". The Supreme Arbitration Court of Russia is on the side of ordinary consumers in this matter. The bank will be obliged to return the commission for maintaining the account. In addition, the bank will pay a considerable fine. After all, this violation falls under the law on the protection of consumer rights (ZoZPP).
It is necessary
Payment receipts for loan repayment, loan agreement with the bank
Instructions
Step 1
To comply with the pre-trial procedure for resolving issues related to violated consumer rights, file a claim addressed to the bank. The claim is written in free form. Be sure to indicate the full legal name of the bank and its address at the top. Write off this information from your copy of the loan agreement.
Step 2
Indicate in the claim the number of your agreement and data on all amounts paid on the loan. Enter your passport details, full name and address of residence. In the text of the claim, refer to the provisions of Part 2 of Part 14.8 of the Code of Administrative Offenses of Russia, from which the illegality of the collection of the loan commission is evidenced. In conclusion, ask the bank to return the money paid for maintaining the loan. Make copies of your receipts and attach them to your claim. Make a claim in duplicate.
Step 3
Take the claim to the bank and give it to the bank employee. On the second copy of the claim, which will remain with you, the employee must put the date of acceptance and his signature. If the bank refuses to accept the claim, send it by registered mail with notification to the bank's address. According to Article 31 of the ZoZPP, the bank is obliged to give an answer to your claim within ten days.
Step 4
If you have not received a positive answer from the bank, go to court. At this stage, it would be best to involve lawyers from the Society for the Protection of Consumer Rights. They will not only help you draw up a competent statement of claim, but also represent your interests in the court session. The payment for the work of a lawyer will be additionally compensated to you when the claim is satisfied. It is also worth including in the claim the amount for compensation for moral damage incurred by you in connection with the actions of the bank.
Step 5
Before applying, make copies of all payments and the loan agreement itself. Attach your claim and the answer to it from the bank to the claim. If you have lost some of the payment documents, they can be reclaimed in court from the bank. A lawyer will help you draw up a request for this. These documents and the reference to SAC Resolution No. 8274/09 will be sufficient to meet your requirements.
