In November 2009, the Supreme Arbitration Court of the Russian Federation, by its decision, invalidated the commission for opening and maintaining a loan account, which was included in the loan agreement. These accounts are necessary for the bank itself to reflect transactions on loans issued, and the borrower is not obliged to pay for the actions of the credit institution to open and maintain them. In this regard, a judicial practice has arisen for the return by borrowers of the previously paid illegal commission.
Instructions
Step 1
Contact the bank with an application for the return of the commission, in which you describe the situation in detail and focus on your requirements. Justify them with such regulatory legal acts as the Regulation of the Central Bank of August 31, 1998 No. 54-P, chapters 42 and 45 of the Civil Code of the Russian Federation, article 30 of the Federal Law of December 2, 1990 No. 395-1, article 16 of the Federal Law "On Protection of Consumer Rights" …
Step 2
These documents state that the provision of a loan to an individual should not depend on the opening of a current or any other account to the borrower and does not imply the conclusion of a bank account agreement. Opening accounts is not an obligation, but a right of citizens. It is forbidden to associate the purchase of some goods, works and services with the purchase of others. The terms of the loan agreement that are contrary to the rules prescribed in the regulatory legal acts are recognized as invalid.
Step 3
Indicate in the claim how long the bank must give an answer to it. Send it by registered mail or give it personally to a bank employee, asking to put on your copy his surname with initials and the incoming number.
Step 4
If the bank's response is negative or does not follow at all, file a statement of claim, indicating the same text as in the claim to the bank. Attach copies of your claim, payment receipts and loan agreement to your application. If you do not know the procedure for drawing up a statement of claim, contact the Rospotrebnadzor department for advice.
Step 5
If you draw up another statement, the judge will instruct to involve Rospotrebnadzor in the case, whose specialists will give a competent opinion on the case. Based on the provisions of part 2 of article 14.8 of the Code of Administrative Offenses of the Russian Federation, based on the results of the audit, the bank can be brought to administrative responsibility. Most of these claims are won by consumers. But if the court decides in favor of the bank, you have the opportunity to challenge it by filing an appeal.
