When applying for a loan, any borrower is faced with the condition of the bank to charge a commission for the issuance of funds. The amount in each individual case depends on the size of the loan, the bank's internal instructions. In an advertisement for low interest on loans, you may not notice the small print about the high percentage of commission for issuing. In judicial practice, there has been a certain positive trend in the return to citizens by banks of the amounts of illegally withheld commissions for the issuance of a loan.
It is necessary
loan agreement
Instructions
Step 1
When issuing a loan, even if the bank does not take a commission, there is interest for maintaining and opening a loan account. This operation is also illegal. In the Resolution of the Supreme Arbitration Court of the Russian Federation No. 8274/09 of 2009, this type of commission was found to violate the rights of a consumer of banking services. You can return the funds illegally debited from you by the bank within 3 years after the conclusion of the loan agreement with the bank.
Step 2
Read carefully the agreement concluded with the bank. It may contain a condition for paying a commission for maintaining and opening a current account, then you will need a receipt for payment. But the amount of the commission can be included in the total loan amount, in which case you will not have a separate receipt on hand. But this is not an obstacle to restoring justice and returning the amount overpaid to the bank.
Step 3
Write a written claim to the bank. In it, demand that you return the overpaid money. Prepare the document in 2 copies, on one of them a bank employee must put a mark on acceptance.
Step 4
Contact the Rospotrebnadzor department of your city. Upon your complaint, a bank check will be carried out and a fine may be imposed for non-compliance with the law.
Step 5
The bank representatives are obliged to respond to the claim within 10 days from the date of acceptance. In the absence of an answer, you can safely go to court. This type of cases belongs to the judicial jurisdiction of justices of the peace. In the application, indicate all the circumstances of the case, attach copies of supporting documents (loan agreement, payment receipts, etc.).
Step 6
When you go to court, you can demand not only the amount of the paid commission, but also interest for the use of other people's money by the bank. Calculate them as follows: the number of days of using your funds (the amount of the paid commission) multiply by the refinancing rate, multiply the resulting figure by the amount of debt and divide by 360 days. You will receive the amount of interest in one day.
