Any bank loan is issued at interest. The amount of the interest rate is specified in the agreement (Articles 809, 819 of the Civil Code of the Russian Federation). The bank has the right to set the interest rate that is beneficial to the credit institution. Additionally, a schedule is issued with the agreement, which includes the procedure for monthly payments on the loan. To change the interest, you must comply with the requirements of the law.
It is necessary
- - notification;
- - supplementary agreement.
Instructions
Step 1
You have the right to change interest unilaterally if you have provided a loan to a legal entity, but only if the agreement on the loan issued contains conditions for a unilateral increase in interest rates.
Step 2
If you want to increase the interest rate on funds issued to an individual, you must follow the law "On Protection of Consumer Rights" number 2300-1. According to the law, you do not have the right to introduce into the agreement the terms of a unilateral increase or decrease in rates, and even more so to make these changes unilaterally.
Step 3
To increase the interest on the loan agreement, notify the client by registered mail with a list of investments 2 months before the new loan conditions.
Step 4
You must call the client to the office of the banking organization and conclude an additional agreement with him to the main loan agreement, signed by both parties. The signatures put under this type of document will be the client's consent to the new credit terms.
Step 5
If the client refuses to sign new loan conditions, then you have the right to demand to return the loan in full on the same terms. If early termination of the agreement is not provided for by the agreement itself, then you need to apply to the Arbitration Court at the place of registration of the legal entity.
Step 6
Most often, the court takes the side of the bank, since the credit institution cannot continue the policy of low interest rates on already issued loans if the situation in the economy has changed or inflation has exceeded all projected and invested in interest rates. This is all the more important in the context of the global crisis, when floating credit rates are used all over the world. The same position is supported by the Constitutional Court of the Russian Federation.
