Under the commission for issuing a loan, banks understand the remuneration for opening and maintaining a loan account, from which money is issued to the borrower and to which he must make payments in the future. However, in November 2009, the Supreme Arbitration Court found that such a commission was charged by banks illegally and violates consumer rights.
Instructions
Step 1
In order to return the money paid on account of the commission, you must first carefully read the loan agreement. Pay attention to whether it contains a condition on the collection of a commission and that the borrower is obliged to pay it before the loan is issued. If there is such an item, then find a receipt for the specified amount. Sometimes banks include a commission in the loan amount. In this case, there may not be a receipt for its payment.
Step 2
Then contact the bank with a claim. Demand in it the return of funds paid on account of the commission. At the same time, the claim must be competently drawn up, since if the bank refuses to voluntarily return you the amount of the commission, it will serve as the basis for going to court. If, when drawing up a claim, you have to resort to the services of lawyers, then include the cost of their services in the amount of the future legal claim.
Step 3
File a complaint with Rospotrebnadzor. He will oblige the bank to pay a fine for the inclusion in the loan agreement of conditions that violate consumer rights. Of course, you won't get anything from this fine, but it can help you when you go to court.
Step 4
If the bank refused your claim, feel free to go to court. Bringing the bank to administrative responsibility by the Rospotrebnadzor authorities will serve as additional evidence of his guilt. But, as practice shows, even without this, the courts take the side of citizens.
Step 5
Please note that you can only return the commission if the statute of limitations, which is 3 years, has not expired. That is, from the moment the commission is paid, no more than this period should pass. You can return the commission for previous periods only on condition that the bank does not indicate to the court about the expiration of the limitation period.
Step 6
Be prepared for the fact that the bank can react very sharply to your claim for the return of the commission. You may be hinted that this is how you spoil your credit history. Of course, if you are going to take a loan from this bank in the future, then think about whether it is worth starting a fight, because the bank has the right to refuse to issue you without giving a reason.
