When can you cancel a loan? Cancellation of a loan agreement

I went for a “free” consultation with a doctor, paid and still owed money. Medical centers have begun to adopt the experience of beauty salons and shamelessly impose loans on clients. How to protect yourself and your money?

A visit to the doctor can result not only in large expenses, but also in debt. Private medical centers have armed themselves with the so-called salon scheme. It all starts with an invitation to a free diagnosis, where some diseases are identified, after which a course of expensive procedures is issued on credit.

Often, clients realize that they have signed a loan agreement with the bank only at home when they carefully study the documents. Is it possible to refuse imposed services and the need to pay money to the bank?

Muscovite Svetlana Vasilyevna received a call on her mobile phone and was offered to undergo a spinal examination, they said it was free social program. They asked me to take my passport with me. IN medical center GlobalMed on Arbat, where she came, took a blood test from the woman, measured her height and weight, and advised her to undergo a course of procedures. And they gave me to sign preliminary agreement. That's what they called him in the center.

At home, she discovered that she had signed not a preliminary, but a full-fledged agreement with this medical center in the amount of almost 100 thousand rubles (98,500 rubles). Plus a loan agreement with Vostochny Bank for this amount at 27% per annum for two years. Business FM has both documents at its disposal.

Svetlana Vasilyevna is a pensioner, she would not take out a loan, these documents were drawn up with violations, they were slipped to her, the woman’s son-in-law, university teacher (NUST MISIS) Boris Zamansky is sure:

Boris Zamansky university teacher« Loan agreement for this amount with an instruction to immediately transfer the money to the party providing medical services. As it turned out, the money was gone that same day. None of the bank employees spoke. On the agreement, the signature of the bank representative is photocopied, on each page there is the signature of an unknown person - I certify the client’s signature. However, there is no client signature.”

When relatives came to terminate the contract with the medical center, they stated that the cost of services that had already been provided would be withheld. And they calculated that on the first day, the examination and biochemical blood test cost the pensioner 39 thousand rubles, that is, 40% of the contract amount.

Attempts to terminate the contract with the bank led to nothing. A couple of weeks later, calls began from collectors, allegedly from the bank, demanding repayment of the debt. After multiple statements to the police, the calls stopped, but the debt did not disappear.

This scheme was previously used by beauty salons, and now by medical centers. Here's how it works: under the pretext of a free diagnosis or procedure, people are invited to a medical center or beauty salon, and there, using psychological tricks, they are convinced to purchase expensive services or products on credit. Depending on what is being sold and to whom, the method of pressure changes. For example, in medical institution The client may be diagnosed with a disease that carries high risks if treatment is not started now. Beauty salons, on the contrary, inspire you with promises of beauty and eternal youth.

The problem is that when signing documents, the word “loan” is often not even mentioned. We can talk about, for example, the amount of monthly payment. The details of this conversation were told to Business FM by the victim Nina. Last year she saw on the Internet that Speak Up foreign language courses were being conducted special promotion— a month of training for free. The offer seemed interesting, the woman came to sign up for these courses, but at the office it turned out that the promotion had already ended. Since she had already arrived, she asked what days she could go and how the training would be conducted, Nina recalls:

Nina the victim “They started asking me how much I could pay per month? They started with 10-15, I think, thousand. I can’t pay that kind of money, I said no more than three thousand a month. They said - yes, everything is great, and I signed a bunch of papers that included this amount per month - something like three thousand. But then, when I came home, I discovered that it all looked like a loan in " Eastern Bank"and that I will pay this loan until 2020. That is, I signed everything there, maybe I was confused and didn’t read everything.”

It followed from the contract that Nina would have to pay 70 thousand over three years. When she realized that she was in an unpleasant situation, she contacted lawyers she knew, and they helped terminate the contract.

This scheme is mainly designed for women: pensioners, single mothers and those who are easier to put psychological pressure on. At home, such a client understands that she signed obligations that she had no intention of taking.

Attempts to terminate the contract, as a rule, lead to either a refusal to terminate or to the withholding of part of the amount. One way or another, the debt to the bank remains, says Viktor Klimov, head of the ONF project “For Borrowers’ Rights”:

Victor Klimov Head of the ONF project “For the Rights of Borrowers”“The agreement with the bank remains in force, because the bank transferred the money to this very salon, and the bank knows nothing about what you spent this money on, and you owe it to the bank, firstly, to service this agreement, and secondly, you must return this money gradually. As a rule, this ends when there are too many people willing to sue this salon; the legal entity on whose behalf these agreements were drawn up merges with the legal entity in some distant region, so that it would not only be difficult, but also impossible to litigate and somehow conduct business.”

Until recently, no one recognized such a scheme as fraudulent. Attempts to contact law enforcement agencies were unsuccessful - the victims were made to understand that it was her own fault. There is a signature on the document, which means voluntary consent. That is, the actions of such organizations do not constitute a crime.

Judicial practice is also against consumers. Several such borrowers contacted the bank " Orient Express", indicated that they were not notified that they were entering into a contract, were misled, and asked, accordingly, to terminate the contract and return cash. Almost all decisions were made in favor of the bank, says lawyer of the Yakovlev and Partners legal group Irina Gritsenko:

Irina Gritsenko lawyer of the Yakovlev and Partners legal group“The fact is that the consideration of cases within the framework of arbitration or district courts occurs precisely according to written evidence. If a signed agreement is brought to court, the judge says: well, you saw what you signed. Therefore, the arguments that it was prerequisite provision of medical services or the person has not read these documents, unfortunately, they do not work as a defense in this case.”

Other banks, even famous ones, have also been involved in such schemes. And they do not hesitate to make a profit from imposed loans. AND respected banks It would be worth refusing to cooperate with dubious organizations. Both the business and the bank receive instant profit - the bank transfers money to the medical center, which the inattentive client will then return with interest.

Lawyers have found an approach to how such an agreement can be terminated. First of all, you need to prove that the services are of inadequate quality. Public organizations can help with filing applications and claims.

For example, Svetlana Vasilyevna has an agreement for the provision of paid medical services with Wellness Beauty LLC. This company provides services to the population that do not meet the requirements of regulatory legal acts, according to the results of last year’s inspection by Rospotrebnadzor. Violations and orders can be found on the website of the Prosecutor General's Office. For mysterious reasons, no other inspections or checks were carried out to ensure compliance with Rospotrebnadzor's instructions.

A mobile phone is indicated as the organization's contact. Business FM got through to him, the girl said that this was the GlobalMed medical center, introduced herself as administrator Anastasia and talked about the results of the checks:

Anastasia: We do not have such an act from Rospotrebnadzor that we have violations.

Tell me, did Rospotrebnadzor conduct any kind of inspection of you?

Anastasia: Not in the near future.

When was the last time you did it?

Anastasia: How does this relate to the patient?

Anastasia: No. As you can see, we are working.

An employee of the medical center confirmed that they can get services on credit, but assured that the contract is not drawn up without the knowledge of the patient. Allegedly, the patient himself chooses the method of payment for certain medical interventions.

Business FM spoke with another victim who believes that the Expertmed medical center imposed a loan on her, and she also now owes Vostochny Express Bank. This bank was created to support small and medium-sized businesses. Perhaps imposed loans support someone’s business, but this does not have the best effect on their reputation. Yes and financial condition The bank has been deteriorating lately: the loan portfolio is being destroyed quite actively - the share of overdue debt in the current loan portfolio as of October 1, it reached almost 30% (28.7%). Recently, the Fitch agency lowered the rating of Orient Express to the default level (CCC from B-), says Maxim Osadchiy, head of the analytical department of BKF (Corporate Finance Bank):

Head of Analytical Department of the Corporate Finance Bank“This bank is controlled by the Baring Vostok fund, 51.6% belongs to various structures of this fund, and 32% belongs to the well-known entrepreneur Vitisyan Artem, who joined Vostochny after acquiring Uniastrum Bank, and, accordingly, Uniastrum Bank " was annexed to "Vostochny". This merger was the failure of the project to create a federal bank on the basis of Vostochny and Uniastrum Bank to support small and medium-sized businesses.”

Orient Express Bank did not respond to Business FM’s request. We can say a million times that before signing, you need to carefully study the contract. But in such organizations, everything is specially arranged to obtain this signature: crowds of people, stuffy rooms, signs prohibiting conversations on a mobile phone, and constant accompaniment when the client cannot think about her actions alone.

But it is better, of course, not to get into such a situation and remember that you can sign a document only when its contents and consequences are completely clear to you. For the sake of money, unscrupulous specialists ingratiate themselves and take advantage of inopportune moments to sign important documents. In a big city you need to always be on your guard.

REFUTION

In accordance with Article 44 of Federal Law No. 2124 “On the Mass Media”

In the text of Nadezhda Grosheva’s article “Salon Scheme” of money theft. Is it possible to refuse an imposed loan? dated December 7, 2017, the organization under the trademark “English First” was mistakenly named.

This information has been removed as it does not correspond to reality.

It is not without reason that they say that before applying for a loan you should rethink your actions several times. The fact is that sometimes most borrowers take out a bank loan without any special need, and after a certain time they begin to think and count their losses. Of course, the decision to apply for a loan should be made intelligently and wisely, because after signing the loan agreement, the borrower may encounter some difficulties. Is it possible to cancel the loan after signing the contract? But let’s try to figure out whether such a possibility really exists.

How to refuse a loan before signing a loan agreement

Here, when asking a similar question, you should be guided by the rule that the relationship between the bank and the borrower is governed by a mutual agreement. That is, the lender and borrower become parties to a financial transaction after signing a loan agreement. Let us remind you that, according to the agreement, the lender provides funds to the borrower on the condition of prompt payment and repayment, in the manner established by the lender with the written consent of the borrower.

From this we can conclude that before signing a mutual agreement, the borrower does not owe anything to the lender, and, therefore, can refuse the loan at any stage. If you have applied for bank loan, received a positive decision and got acquainted with the terms of cooperation, they left a loan agreement for you, but you suddenly changed your mind about taking borrowed funds, you can simply apologize to the loan officer and leave the financial institution.

Important! The agreement is considered concluded only after it is signed by the borrower; until this moment, you can easily refuse to issue borrowed funds without any consequences for yourself.

Refusal to lend after signing an agreement before issuing borrowed funds

Let's look at the second situation - you signed a loan agreement, but have not yet received the funds. There are two sides to this question: conditions banking agreement and civil code Russian Federation. The relationship between the lender and the borrower is governed by the loan agreement. Here banks protect themselves as much as possible from refusing loan funds, because they do not receive the expected profit. Here, when asked whether it is possible to refuse a loan, bank employee refuse because you have already signed the contract.

IN in this example an employee of a financial institution violates the provisions of the Civil Code. Indeed, in accordance with current legislation, a loan agreement is considered concluded only after the transfer of funds. Accordingly, until you receive funds from the bank, you do not owe anything. However, in the loan agreement, the bank specifies the procedure for returning borrowed funds and refusing to lend after signing the agreement, which directly contradicts the Civil Code of the Russian Federation.

How to refuse a loan if the agreement has been signed. First of all, if the funds have already arrived in your credit account, then you should not receive them in cash. If the money was transferred to the account plastic card, then you need to act in the same way: you should not remove them. Afterwards, you write an application addressed to the head of the financial institution to refuse lending. Based on the results of consideration of your application, you will receive a refusal or consent. If the decision on your application is positive, the funds from the credit account will again go to the lender, and if you receive a refusal, you have every right to defend your interests in court.

Important! During the period while your application was being considered, you will have to pay a certain percentage, namely for those days during which you were supposed to use the borrowed funds, although, from a legal point of view, this is not entirely correct, because the money was kept in the bank and you they weren't used.

How to cancel a loan after receiving funds

The most difficult situation when the need to refuse lending arose after receiving the entire loan amount. Here, the agreement is already considered concluded, which means that the borrower is obliged to repay the issued loan within the period established by the agreement. But not all borrowers know one nuance, which is that within 14 days after receiving funds, you can legally refuse a bank loan.

Please note that due to changes in legislation in 2014, each borrower has the right to return funds received under the loan agreement to the bank within 14 days after receiving the entire loan amount.

It follows that if you have received a loan and you no longer need borrowed funds, you can deposit money in in full to the current credit account. But even here it is worth considering one feature - you have used it for a certain period, then you must pay a fee to the bank for it. It will be easy to calculate the amount of interest: for this annual interest divide by the number of days in a year (365 or 366) then multiply by the loan amount by the number of days during which you actually used it.

For example, if the amount of your loan was 200,000 rubles interest rate 18% per year, then for 10 days the percentage will be calculated as follows: 200000*(0.18/365)*10=968 rubles.

So, if you want to return borrowed funds to the bank, provided that the agreement was signed less than 14 days ago, then you first need to find out exactly the amount of accrued interest. That is, contact a bank branch and ask a credit department employee to calculate for you the amount of interest for those days when you actually used the loan, then pay the funds to the cashier, namely the loan amount and accrued interest. Then contact the credit department again to ask for a document confirming the early termination of the agreement between the borrower and the bank.

Please note that the bank does not have the right to charge additional fee for the return of loan funds.

Refund of loan after 14 days

It may happen that the borrower missed the loan repayment deadline, but at the same time the need for borrowed funds has disappeared. There is another option - full early repayment of the loan. The fact is that, by law, the bank does not have the right not to accept payment of loans ahead of schedule in full, this is in accordance with current legislation. Among other things, fines, penalties and penalties for such actions are unlawful.

How to repay a loan ahead of schedule? Here the procedure is fully regulated by law, according to which the borrower has the right to repay the loan ahead of schedule, but at the same time notifying the lender at least 30 days in advance. In a word, first you need to write a statement to the bank about your intention to repay the loan ahead of schedule, then pay the amount of principal and interest, but only after 30 days. At the same time, in mandatory you need to find out the exact amount of debt on the repayment date; only a bank employee can calculate it for you.

However, in practice, everything looks quite simple, insofar as financial institutions do not have the right to prohibit the borrower from paying loans ahead of schedule; on the contrary, they have simplified this procedure. For example, in some banks it is not even necessary to write an application for early repayment; more precisely, you can submit an application in other ways: through Internet banking or through an operator hotline. In addition, some banks have reduced the application deadline to 3 days, which means that the borrower can apply for early repayment, immediately top up the loan account, and three days later terminate the agreement with the bank early.

Please note that after paying the loan, the borrower must receive a document confirming the early termination of the contract in order to avoid a dispute with the bank in the future.

By the way, we cannot help but say that each bank has its own procedure for terminating a contract ahead of schedule. That is, in the loan agreement the bank prescribes the procedure for repaying borrowed funds and paying interest. Therefore, first you need to carefully study the loan agreement, and then contact the bank.

Going to court

Refusing a loan after signing an agreement is not against the law, and most banks adhere to all provisions of the law, because otherwise they risk their license. But if suddenly the borrower is faced with a situation where the lender refuses to accept borrowed funds after signing the loan agreement, then you can challenge his actions in judicial procedure.

What you need for this:

• loan agreement;
• statement of claim for early termination of the contract;
• written refusal by the bank to accept funds after signing the loan agreement.

From this we can draw a certain conclusion that, first of all, you must still contact financial institutions to write an application for the return of loan funds after signing the agreement. Based on the results of consideration of your application, the bank must issue you a refusal in writing with an explanation of the reason. In the future, this document will indicate a violation of the borrower's rights.

Why go to court if you can repay the loan early? Surely many people ask this question, but here we must take into account that in court the borrower can petition for the cancellation of interest, which he will pay within 30 days until the date arrives early repayment loan. And if we are talking about large sums And high percentages, then in a month the bank can accrue quite an impressive debt. In court you will be able to recover the costs of payment state duty and cancel interest. Although it is worth noting that, most likely, the case will not go to court.

Please note that while it lasts trial, the bank will demand payment of the loan according to the payment schedule, and here it is reasonable for the borrower not to shirk his obligations, because he can return the amount paid in court, but still his debt will have a negative impact on his credit file.

Thus, if for some reason you change your mind about using bank loan, then you have the right to return the funds, even if the bank convinces you otherwise. As you can see, you can refuse a loan at any stage, and of course, one cannot help but say that it is wiser to first think carefully before applying for a loan and carefully read the loan agreement.

There are many good reasons for filing a loan waiver after receiving it. If there is no such reason, it is impossible to avoid the loan. The optimal reason is dismissal from work.

Banks do not welcome such a procedure. It is not profitable for them to lose their clients. The following situations may arise:

• the contract has been signed, the borrower has the money in his hands;
• loan approved, funds not received;
• the loan is approved, but the official document is not signed.

Bank employees will begin to do something if you refuse the money, so you need to consult with lawyers. We invite you to use qualified legal assistance by contacting our specialists via the website or by phone.

When can I cancel my loan?

Credit relations are valid from the moment both parties sign the relevant agreement. After the preliminary assessment procedure by the bank, you can issue a refusal within 14 days without any legal consequences.

After signing the agreement, the borrower can change his mind and refuse it. The agreement is subject to the rules of Art. 807 of the Civil Code of the Russian Federation. It is considered concluded from the moment the money is transferred.

If you have signed an agreement, obligations do not arise until the money is transferred to you through the bank's cash desk or otherwise. By targeted loans To purchase an apartment or a car, you can return the borrowed funds within 30 days from the date of receipt, and you do not need to notify the bank, but you will have to pay interest on the use of the funds.

Cancellation within 5 days

The legislator has introduced a so-called cooling-off period for the borrower, which begins after receiving the final text of the contract. Art. 7 Federal Law"ABOUT consumer credit(loan)" dated December 21, 2013 No. 353-FZ prohibits the bank from changing the individual conditions for issuing a loan within five working days. During this period, a citizen can realize the decision made, condemn the final text of the agreement with relatives and experts, and compare the bank’s proposals with competitive organizations.

For the borrower, the period for possible refusal is 14 days from the date of receipt of money, for targeted loans - 30 days. This law provides the borrower additional opportunity correct mistakes made when deciding to receive a loan.

The Bank of Russia issued instruction No. 3854-U dated November 20, 2015, which obligated insurers to carry out a number of types of voluntary insurance provide for a period during which the policyholder has the right to cancel the insurance contract and in the absence of events in this period that have signs insured event, get back part, and under certain conditions, the entire insurance premium paid. The duration of the period is at least 5 working days from the date of conclusion of the insurance contract. The possibility of refusal must be mentioned in the text of the agreement. Rejection of this document does not relieve the borrower of the obligation to enter into another agreement that meets the requirements of the agreement.

How to cancel a loan?

Refusal of a loan after approval of the application has no legal consequences. Financial institutions do not have the right to impose any fines on a client who has not yet signed the agreement and received the money.

If the document has already been signed, mutual obligations have arisen between the parties, but even in this situation, the matter can be reversed. If after signing the agreement the borrower has not yet received the money, the agreement is not valid and can be easily terminated.

Art. 11 of Law No. 353-FZ allows for loan refusal within 14 days from the date of receipt of the loan. In addition to the amount of debt, you will have to pay the bank interest for the elapsed time.

Statement

To cancel a consumer loan after signing the agreement, you must contact the bank with a corresponding application, which is written to the head of the bank in any form.

Documents

If the bank is ready to give you a loan that you no longer need, you can declare a waiver of the consumer loan. This is easy to do if the borrower has not yet signed the agreement and received the money. You just need to call the bank employees to cancel the application. But keep in mind that frequent evasion of loans can negatively affect credit history.

After signing the document, you must contact the bank with a written application to cancel the agreement. If the money is received, there is only one way out to return it: early repayment of the loan. You can try to terminate the contract, but the bank will probably refuse. In this case, write a statement about your desire to repay the loan early at one of the offices in the prescribed form.

For all questions related to loan waiver, we recommend contacting our specialists.

There are a great many reasons for taking out a bank loan. But often the situation develops in such a way that after the loan application is approved and the agreement is signed, the money is no longer needed. Or the loan was imposed on the client by an employee of a financial institution. What to do in this situation? Is it possible to refuse a loan when the agreement is signed by both parties? What legislative documents should we rely on in order to get out of the current situation without material damage or to reduce it as much as possible?

Before signing the loan agreement, you must read it carefully

So is it possible to cancel the loan before signing the contract? The simplest situation may be when a client visited bank branch, personally submitted an application for a loan, received approval, but did not sign any package of documents, including the agreement for the loan itself. Here you need to understand that an approved application from the bank does not oblige the client to any actions, if he no longer feels the need for financial resources.

It is enough for the client to stop communicating with the bank employee and after some time the application will be sent to the bank software system is cancelled. It would be more correct for the potential borrower to notify financial institution about the absence of intention to borrow money. The procedure for submitting a loan application and its approval (refusal) is completely free, and the client is not charged any commission payments.

It is important to remember that an approved application (if the client has not personally rejected it) will remain in this status for several more days. This time is enough to think or search for the maximum advantageous banking offer.

How to refuse a loan if the agreement has been signed? From a legal point of view, the situation is considered to be much more complex when the contract has already been signed. By signing, the client agrees to enter into debt obligations before credit institution. And refusing them will not be as easy as a regular approved application, when all you had to do was call the bank and declare your intention not to take out a loan.

But don't despair. There is a way out of the situation when a loan agreement has been signed, but the money turns out to be unnecessary. From a legal point of view, the accomplished fact of signing a contract can be divided into two cases.

The loan agreement was signed, but the client did not receive the money

Here we can talk about both a cash loan and a credit card. You need to focus on the Civil Code of the Russian Federation, namely Art. 870. It states that the loan agreement is considered to have actually entered into force at the moment when the banking organization redistributes the borrowed funds (cash loan or credit card) directly into the hands of the borrower. Accordingly, it is after the transfer of the loan that the client has obligations before a financial and credit organization.

And the sooner in this case the client takes the first steps towards refusing the loan, the better.

You need to contact us in person as soon as possible banking organization and announce the decision to refuse the loan, as well as terminate the signed agreement.

You can cancel the loan after signing the agreement

According to the current Russian legislation in the field of regulation banking, the credit institution is obliged to satisfy the borrower’s request containing a refusal of the loan after signing the agreement. But practice shows that the bank, in order to retain the client as a borrower, will try, under various pretexts, to delay the refusal process for as long as possible.

But if the bank immediately met the client halfway and satisfied his request to terminate the loan agreement before it actually came into force, then the client will not have to pay interest on the loan or penalties for terminating contractual obligations. It is also possible that the client will still have to pay interest on credit funds, which he never used.

The loan agreement has been signed and the client has received the money.

If the loan application is approved, the agreement is signed bilaterally, the client received the money, but expressed a desire to return it that day or after a few days and refuse the loan. This is where the early loan repayment procedure comes into force. The client must return the entire amount of the loan taken to the bank and pay interest for the days of using it. In this case, even if the client applied one hour after receiving the money in hand, the interest for using it will be calculated per day.

Before signing the agreement, it is important to clarify in its terms whether there is a possibility of early repayment of the loan without paying penalties for this. For example, according to the agreement mortgage lending early repayment can only take place after the expiration of a certain period of time specified in its conditions and not a day earlier. Before this period, the client is obliged to make mandatory monthly payments in the amount prescribed in a special schedule. The same rules apply to most credit institutions involved in car loans.

In general, the client’s procedure for canceling a loan agreement is as follows:

1. Once the decision is made to cancel the loan, you must immediately contact the bank branch and notify the employee of your intention in writing.
2. The sooner the client submits notification of refusal, the less financial expenses associated with paying interest for the actual time of using the loan he will incur.
3. If the bank gives a negative answer, then you need to seek help from a qualified lawyer. Or call the hotline credit organization.
4. If the bank has agreed to terminate the loan agreement, then the client’s next step will be to write an appropriate statement.
5. When it comes to consumer lending, when the loan is canceled within 14 calendar days, no application is required.
6. If we are talking about targeted lending, This application is also not required when the loan is canceled within 30 calendar days.

In case consumer lending For any product, the store must return the money to the bank directly based on the fact of the return. In this case, the borrower needs to ensure that the store transfers funds to the credit institution on time. In the meantime, he continues to fulfill his debt obligations to the bank.

If the client has not yet received the money, the easiest way to refuse the loan is

Conclusion

Practice shows that the procedure for canceling a signed loan agreement is not complicated. It consists of several strictly defined stages. The country's legislation in the field of banking regulation clearly defines the rights and obligations of both the client and financial and credit organization in case of loan repayment.

Before signing a loan agreement, it is important to read all its terms in full. If the meaning of any clause remains unclear, you should seek help from a bank employee or a lawyer. It is in the terms of the agreement that the procedure for refusing a loan is spelled out.

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Have you already signed an agreement with the bank, but at home you have calculated everything again and changed your mind? Or you’ve been paying for a year, but now the loan has become an exorbitant burden for family budget? There is only one way out - to get rid of the shackles of debt before it is too late! I will tell you all about how to refuse a loan if the agreement is signed, with minimal damage. So, go ahead!

The borrower is not limited by law in his right to refuse a loan, including the purchase and sale of goods, if he has already signed it, but did not have time to use it, or to repay it early if he has been paying for it for some time.

The most common reasons for refusing a loan after signing documents are:

• , which the borrower learns about only at home, after reading the documents in a calm environment;
• The need to get rid of active credit. For example, if the bank does not approve a mortgage due to an outstanding car loan;
• Desire to return down payment for a car to spend money on other purposes;
• Lack of money for loan payments. It is better to try to negotiate with the bank than not to pay at all and receive penalties and fines.

Termination of a loan agreement is legal only when both parties have no mutual claims and the borrower has timely warned the bank of his intention to repay the loan early.

It will not be possible to terminate the deal in order not to pay the loan. The court in accordance with Art. 1102 of the Civil Code regards the retention of the object of credit obligations (money or a car) after termination of the contract as unjust enrichment subject to return.

Just a note. The bank does not have the right to refuse the borrower to terminate the loan agreement, so do not be afraid to contact the bank with such a request. The only negative is that early repayment of the loan amount may negatively affect your credit history, so next time the bank may refuse to conclude an agreement.

How to notify the bank of termination of a loan agreement

In order to terminate the loan agreement without any problems, you need to notify the bank of such intention in writing by drawing up an application for termination of the loan agreement. This must be done at least 30 days before you decide to repay the loan amount in accordance with Art. 11 Federal Law “On consumer credit (loan)”.

If you decide to terminate the loan agreement before you receive money into your account, then write a loan waiver application.

Applications must indicate:

• Address and name of the bank where you took out the loan, the name of its boss, your full name, address, number mobile phone(in the upper left corner).
• Basic information about the loan agreement (number, date of signing, amount of money provided on loan, interest rate and loan repayment period).
• Reasons for termination of the contract.
• Actions that you are willing to take to resolve this issue, as well as counterclaims to the bank (for example, issue a certificate stating that you have no debts to the bank).
• Date, full name of the applicant, signature.

Make sure that the application is accepted by the bank. To do this, your document must have an incoming number.

For convenience, I am attaching application forms for termination and refusal of the contract and completed examples.

But to do this, you need to notify the bank before the money is transferred to the account. If you change your mind about taking out a car loan, but made a down payment, the car dealership must return this money.

It is unacceptable for the salon to withhold penalties - if you are not refunded the full amount, feel free to go to court. The bank may still have to pay a minimum penalty, which includes paperwork and account opening fees. Such a loan will not affect your credit history in any way and will not affect the issuance of subsequent loans.

If you’ve already changed your mind about taking out a loan, don’t delay getting your money back! Otherwise, you will find yourself in a situation like the family from the video (which is already three years old, but is still relevant to this day):

Method 2: terminate the contract immediately after transferring the money

If you received the money, but decided to terminate the contract, then follow these step-by-step instructions:

1. Study the terms of the loan agreement regarding early return the amount of the loan and the time frame for notifying the bank of such intention.
2. Write an application for termination of the loan agreement, indicating in it the reasons why you want to return the loan amount to the bank.
3. Submit the application and accompanying documents to the bank.
4. After 5 days you will receive a response from the bank about the decision made. If the bank agrees, then in a letter you will receive a calculation indicating the amount of principal and interest that needs to be transferred to the bank account.
5. Return the funds to the bank within 30 days from the date of notification.

The bank has no right to charge additional commission upon early repayment of the loan amount. However, interest on the loan will accrue until the date of actual repayment, so it is better to pay off the loan quickly to pay less interest.

Just a note. In some cases, the bank may accommodate and not charge interest or penalties if the borrower received a loan and immediately refused it. But such cases are individual, because this benefit is a right, not an obligation of the bank, with the exception of the grounds expressly provided for in the contract.

Only in this video you will learn an expert’s opinion on how to refuse a loan, even if you have already received the money:

How to cancel a car loan after transferring money and purchasing a vehicle

If you change your mind about buying a car on credit before you receive the money, then notify the bank of the loan refusal by writing a corresponding statement.

If the salon received the money and gave you a car with documents, the purchase and sale is considered completed. After this, returning the car to the dealership will not be easy. They will either refuse you or demand a large penalty, and the demand will be legal.

Therefore, there are 2 options left:

1. Write an application for early termination of the loan agreement and return the loan amount with interest.
2. Do nothing with the loan, but sell the vehicle and repay the debt to the bank using the proceeds.

How to terminate a contract if there is a malfunction in the vehicle

If within 15 days from the date of purchase you find any technical fault in the car, you can use Art. 18 of the Law “On the Protection of Consumer Rights”, which allows for the exchange of faulty technically complex goods or termination of the sales contract and a refund.

A car loan may be terminated due to technical problems with the vehicle.

In case of return, the funds are transferred to the buyer in full. If 15 days have already passed, then the car can be returned only if serious faults are detected and only during the warranty period established by the manufacturer.

When the money paid for the car is returned, the creditor organization will receive its part back, and the loan agreement itself will terminate. In Art. 24 of the Law “On the Protection of Consumer Rights” states that you will only have to pay the bank interest for the period of actual use of borrowed funds, and you do not have to pay a penalty.

Method 3: terminate the loan agreement through the court

A statement of claim to the court to declare a loan agreement invalid is filed in two cases:

1. The signed loan agreement contained provisions that directly contradict the Federal Law “On Consumer Credit”, “On Banks and Banking Activities” and others. legal acts regulating the issuance of loans;
2. The money was obtained by an unknown person through illegal manipulation of your documents or copies of documents.

Claims based on illegal clauses of the contract, in fact, rarely end in the cancellation of the transaction. The credit institution's lawyers are well versed in the law, and the main provisions of the standard agreement do not contradict legal norms.

If a discrepancy with the law is nevertheless revealed, the court will side with you, but will propose to invalidate the clauses that contradict the law, while leaving the loan agreement itself in force.

How to refuse a loan taken out in your name without your consent?

Credit fraud, unfortunately, is not uncommon. The victim learns about the loan issued by the scammers only after the bank’s penalties begin due to late payments.

In court you will have to prove that you did not apply for a loan, did not sign anything and did not receive money. If you can confirm the fact that you did not receive any money from the bank, after which the transaction is recognized as not concluded due to lack of money (Part 3 of Article 812 of the Civil Code).

It is also possible to prove with the help of handwriting examination that the signature on the documents is forged, because in Art. 820 of the Civil Code states that the loan agreement comes into force after signing by the parties. If the signature is not yours, this means non-compliance with the written form of the agreement and releases you from loan obligations.

Termination of an illegally concluded agreement with a bank does not depend on how long ago the fraudster received the money. Term limitation period in such cases it is equal to 3 years from the moment the fraud was discovered.

Early repayment of a car loan

If you have been using a loan for some time, then it is no longer possible to terminate the agreement, because loan obligations came into effect. The only option left is to close the loan through early repayment. But where can we get the money for this? Let's consider the options.

Method 4: sell the credit car and pay off the loan

Let me remind you that when applying for a car loan, the car immediately becomes the subject of collateral. For the bank to allow the sale of a car for secondary market, you need to contact the customer service department, explain to them that you do not want to pay the loan and get written permission to sell the car.

You retain the right to determine the price of the car yourself, as well as the task of finding a buyer who agrees to a deal with the participation of the bank. If you can’t find a buyer for a long time, then consider selling to buyers who specialize in credit cars. It won't be as profitable, but it will be quick.

You can also return the credit car to the bank so that it can look for a buyer and finalize the deal. Banks do not like to deal with the sale of collateral, and to speed up the process, the car will go to the new owner at a good discount. Be prepared to lose up to 25% of the cost of the car on this.

The transaction takes place under a purchase and sale agreement, which stipulates the distribution of proceeds between the previous owner and the bank. There are two options here:

1. More money was received from the sale what the borrower owes the bank. Then the loan is repaid in full and the collateral obligation is removed from the car, and the remaining money is paid to the former borrower;
2. There is not enough money from the sale to repay the loan. Then you will have to pay the balance from your own funds.

Method 5: Pay off your car loan by refinancing

The principle is simple: you take out a regular loan in the amount of your car loan debt, pay off the debt for the car, get hands PTS and a certificate stating that the car is no longer pledged, after which you sell it and use the proceeds to repay the loan from the second bank ahead of schedule.

The scheme works well if:

• Car loan debt is not very high– this is necessary so that the second lender does not refuse the loan;
• The car is liquid on the secondary market– the faster you sell your car, the less you will overpay on a conventional loan.

Termination of agreements concluded jointly with the loan agreement

When receiving a car loan, comprehensive insurance and life insurance contracts are signed together with loan documents or immediately after. When terminating the deal to purchase a car, they also need to be abandoned.

To terminate a life insurance contract, you need to submit an application to insurance company. The insurer will return the insurance premium, but you will be charged a certain amount for the period when the insurance was in force.

With CASCO everything is a little more complicated. Provisions of Art. 958 of the Civil Code does not oblige the insurer to return money; in addition, some insurers include a clause in the contract stating that if the contract is terminated early, the insurance premium is not refundable. If you didn’t pay attention to this when you signed the document, then there’s nothing you can do. All that remains is to sell the car along with CASCO.

Watch the video about loan refusal and termination of insurance contracts concluded with it:

How to refuse a mortgage

If the agreement has been signed and the encumbrance in the form of a mortgage is registered with the Rosreestr Office, but the funds have not been received into the account, then you have the right to refuse the mortgage by notifying the bank in advance.

To terminate such an agreement, you and the bank must contact Rosreestr with a demand for repayment registration record about mortgages. After 3 business days, the entries will be canceled, and you will be released from obligations to the bank in accordance with Art. 25 Federal Law “On Mortgage”.

If the funds for the mortgage have been credited to your account, but you have not used them, then contact the bank with an application for early repayment of the mortgage and termination of the relevant agreement. In this case, the bank will provide a new calculation taking into account the time during which the money was in the account.

If you have already made payments towards your mortgage, you can choose one of the following options:

1. Selling an apartment and paying off the mortgage using the proceeds. Before you enter into a purchase and sale agreement, notify the bank of your intention and obtain their approval.
2. Restructuring - improvement and easing of mortgage conditions (for example, mortgage holidays, deferment of monthly payments, write-off of penalties and fines, etc.). In order for the bank to apply restructuring, it is required to write a written application and attach documents confirming the difficult situation and the impossibility of repaying the mortgage in full.
3. Refinancing is repayment of a mortgage by concluding a loan agreement with another bank.
4. Going to court with a demand early termination mortgage agreement, if the apartment was transferred with defects and shortcomings.

Judicial practice on termination of loan agreements

IN judicial practice There are very rare cases when, at the initiative of the borrower, the amount of interest to be returned due to early repayment of the loan was reduced due to difficult financial situation or other valid reasons. This only works when the amount of interest exceeds the amount of the principal debt.

Also, if, when refusing a loan, the bank did not terminate the insurance contract concluded jointly with it, then the borrower has the right to apply to the court with a demand to declare it invalid. In this case, the court will satisfy the claim only if the loan agreement stated that in order to receive money it is necessary to conclude an insurance agreement.

In addition, the courts order not only to return the amount of the insurance premium to the borrower, but also to recalculate the debt to the bank due to a decrease in its size.

For example, citizen S. filed a lawsuit against the bank to invalidate the life insurance contract concluded together with the loan agreement, as well as the return of the insurance premium in the amount of 20% of the loan amount.

At the court hearing, it was established that funds under the loan agreement were issued only after the insurance agreement was signed, so the court satisfied the plaintiff’s demands and ordered the bank to recalculate the debt of citizen S.