Today, it often happens that when applying for a loan, citizens enter into an insurance contract. It makes it possible financial institutions significantly reduce their own risks.
Important! Banks often partner with certain insurance companies. They offer the borrower to insure his own life, ability to work, solvency, property (movable and immovable).
Many people know why to take out insurance. But the question of whether it is possible to return insurance for a loan is still worried about borrowers.
Can the loan insurance be returned?
Often the amount of the insurance payment is determined based on credit limit and ranges from 10 to 30%. The client has the opportunity to pay out the insurance policy in several ways:Once - on the day of signing the contract with the insurance company;
In installments - monthly together with loan payments.
Customers have a question about whether it is possible to return insurance premium on a loan, often occurs during early repayment of a loan or during termination loan agreement for one reason or another ahead of time... Often the answer to the question of whether it is possible to return the insurance after the loan is repaid is contained in the loan agreement or in the insurance contract. It is enough just to read these documents carefully.
Important! Almost all insurance companies draw up a contract in such a way that the client is not able to get his money back under any circumstances. This is indicated as a separate clause in most insurance contracts.
But even if there is no such clause, the rights of the insurance company are regulated by Article 958 of the Civil Code of the Russian Federation. It is indicated here that the borrower, having decided to terminate the contract with the insurance company ahead of schedule and unilaterally is not eligible for a refund of the cost of insurance.
It turns out that it is impossible to get your money back? This is not entirely true. However, there are some situations in which a refund occurs.
How can I get my loan insurance back?
You can get back the money paid on the day of signing the contract with the insurance company in several cases:If the insurance contract does not specify the actions and rights of both parties in the early termination of the loan contract. Then it makes sense to go to court to resolve the issue in your favor;
If the subject of the insurance contract was the property issued on credit, which was then subject to return due to a malfunction, failure, etc. In this case, two contracts are terminated simultaneously: credit and insurance;
If the borrower changes the beneficiary. According to the current legislation, the beneficiary is financial institution, that is, the bank. Therefore, if an insured event occurs (for example, the death of the borrower, disability, dismissal from work, etc.), then the bank that provided financial assistance receives the insurance. When the borrower repays the loan ahead of schedule, he has the right to change the beneficiary by appointing a relative instead of the bank. Yes, you will not be able to return the money spent on insurance. But, if an insured event occurs, the borrower or his family will receive the insurance payment in full.
In the event that the insurance is paid in installments in parallel with the repayment of the loan, and the loan itself is repaid ahead of schedule, the borrower may not make insurance payments. That is, only part of the insurance will remain paid. But this is provided that the contract does not indicate otherwise.
Important! It turns out that the client can pay for the insurance in part. For example, if the loan is repaid in 1-2 payments, then Insurance Company will receive a smaller amount than indicated in the contract.
But in this case, it must be borne in mind that the insurance company has the right to refuse to pay out insurance if an insured event occurs before the end of the contract.
Can the loan insurance be returned or not?
Return cash, which were paid by the borrower and transferred to the account of the insurance company, is very problematic. The fact is that from a legal point of view, the insurance contract was drawn up correctly.Important! It doesn't make sense to sue the insurance company. It is also important to consider: no matter what decision the court makes, the plaintiff, that is, the borrower, must pay the costs. But the borrower has the right not to make payments on insurance contract if the loan was repaid earlier than the term specified in the agreement.
To avoid the question of how you can return the insurance after the loan is repaid, you should carefully study the loan and insurance contracts before signing.
Updated 09.21.2017.
Taking out a loan without insurance is a very difficult task. Although our insurance is in most cases voluntary, bank employees quite often tell clients that without registration insurance policy the bank simply will not give a loan.
You shouldn't blame ordinary employees for this, they just follow the instructions and orders of their credit institutions... They have a sales plan, for non-fulfillment of which they are deprived of bonuses, comments are made, etc.
In this article, we will consider in which cases you can take a loan with the registration of imposed voluntary insurance, and then return the money for this very insurance using the cooling period.
Earlier I already wrote about this possibility in an article, today we are faced with the task of compiling step by step guide: "How to get money back for insurance on a loan."
Loan insurance return: instructions
1 Cancellation of insurance during cooling off period. We read the new law.
First of all, you need to know your rights.
UPD: 09/21/2017
There is another pleasant exception to the issue of refusal from collective insurance, VTB Bank. The clients of this bank have a successful experience of refunding money in case of refusal from collective insurance, and this right is not spelled out in the contract, but in fact.
● Make sure to interest rate the loan will not increase if the insurance is canceled.
The bank may stipulate in the insurance contract different rates for the loan in the case of insurance and without it. Formally, the bank does not violate anything at the same time, and it will not be possible to convict him of what he imposed on you additional service... Insurance will not be an imposed service, since the client had a choice to take out a loan with insurance at a lower interest rate or without insurance at a higher rate. We considered this situation in detail in the article.
Quite often, there is no mention in insurance contracts that the interest rate on a loan will increase without insurance.
3 Statement of Cancellation of Insurance. Sample.
You need to have time to submit an application for cancellation of the insurance contract within 5 working days ( UPD: 09/21/2017 From 1 January 2018, the cooling period increases to 14 calendar days). There are two ways to apply for a waiver of insurance:
● take it directly to the office of the insurance company (namely the insurance company, not the bank). It is important that your copy bears a note that the application was accepted on such and such a date, so that you have evidence on hand that you made it on time.
● send an application to the insurance company by registered mail with a list of attachments. Moreover, it is the date of sending the letter that is important, and not the date of receipt. So do not worry that you will miss the 5-day deadline due to the slowness of the Russian Post.
A sample application for waiver of insurance can be requested directly from the insurance company. Any special requirements and standards for appearance there is no such statement. The main thing is that your personal data, the number of the insurance contract that you want to terminate, and the details of the account where the insurance must return the insurance premium are indicated there. Sample text can be seen from the company Sberbank Insurance , Alfa Insurance or, for example, a company Renaissance Life .
This is what the application for refusal of insurance from Sberbank Insurance looks like:
Some companies require the original insurance contract or any additional documents to be attached to the application. For example, VTB Insurance requires, along with the application for refusal of insurance, to provide an insurance contract and a document confirming the payment of the insurance premium:
However, if you do not provide the originals of the documents (more precisely, I do not even recommend sending the originals of the documents, since the insurance company may "accidentally" lose them, and they will be useful in court if the company refuses to voluntarily return the money), then the insurance company will still not have reasons to refuse to return your insurance, the main thing is an application to refuse insurance.
4 Successful experience in refunding money for insurance. Reviews.
You might think that in order to return the insurance you need to have some kind of special knowledge that only professional lawyers can do it.
This is not the case, below are the reviews of ordinary customers, like you and me, who were able to refuse the imposed insurance and return the money.
Here is the opinion of the client of the Renaissance Life company about the successful cancellation of the life insurance contract imposed in the car dealership when receiving a car loan. The client sent a package of documents to the company's email address, and also took the documents to the insurance office for insurance (and did the right thing. difficult to prove your case).
An insurance policy was imposed on the client of OTP Bank when taking out a cash loan in IC Blagosostoyanie. He sent an application for waiver of insurance to the insurance company by registered mail with a list of investments. Copies of the passport and insurance policy were attached to the application. The letter went on for almost a month, but after it did arrive, IC "Blagosostoyanie" returned the money for the insurance:
Here is a testimonial from a VTB Insurance client who was imposed on insurance financial risks when taking a loan. The application for refusal was made at the central office of the insurance company, but the client was advised to contact the bank directly. After threatening to send a complaint to the Central Bank of the Russian Federation and write a pre-trial claim, VTB Insurance returned the money for the insurance:
The company did not pay out money for insurance to another client of VTB Insurance within the specified period, despite the fact that the client filed an application for termination of the insurance contract at the company's office on time.
The client did not put up with the injustice and sent a pre-trial claim with a request to return the money. Otherwise, he threatened to write a complaint to the Central Bank of the Russian Federation, as well as go to court with additional claims for damages, compensation for moral damage, court costs, and a fine. As a result, VTB Insurance returned the money for the insurance in full:
And someone did not have any problems at all with the refusal of insurance in this company:
Here is the opinion of the Ingosstrakh client about the successful refund in case of cancellation of the property insurance contract. The application was submitted in person to the office. True, the company nevertheless delayed the timing:
The client "Sberbank Insurance" managed to return the money in case of cancellation of the collective insurance agreement, although the application was submitted later than 14 days after the conclusion of the agreement. The fact is that such a right is spelled out in the insurance contract itself (I have not seen such concessions from other insurance companies). They did not want to accept the application for refusal, the client had to threaten with writing a claim:
This review inspired another client of Sberbank Insurance, who also managed to get the money back for canceling the collective insurance agreement:
Here is a testimonial from a client of Renaissance Life, who sent an application for waiver of the life insurance contract imposed upon receiving a car loan by the Russian Post, and personally delivered an additional copy to the company's office. Employees of the company, in her words, behaved frankly in a rude way when trying to submit an application to them to refuse insurance, but as a result, she nevertheless returned the money for the insurance:
The client of IC Rosgosstrakh sent an application for cancellation of the insurance contract by registered mail with a list of investments with a copy of the contract and a copy of the document confirming the payment of the insurance premium. The money for the insurance was returned to the client:
Please note that the Rosgosstrakh client, who returned the money for insurance, attached copies to the application, and not the originals of the contract and payments, although the IC on his website claims that the originals are supposedly obligatory for her: “Cumulative and investment insurance life: We read the contract "). When trying to refuse the product at the bank's office, the client was asked to deal with the insurance company "Alfa Insurance" on his own. He sent a refusal application by the Russian Post and, as a result, received his money back:
Manages to refuse insurance and return money to the clients of the insurance company "VSK":
The client of the Alfa Insurance company managed to refuse insurance and return the money without any problems and delays:
Here is the experience of successfully canceling the property insurance policy of IC "Zetta Insurance", imposed upon obtaining consumer credit at OTP Bank. The deadlines, however, were violated. Please also note that the insurance contract of this company contains a clause that in case of termination of the contract, they withhold 80% of the insurance premium. This clause contradicts the Central Bank's instructions, which we discussed above. However, the company does not remove it from the contract, although 80% does not withhold, allegedly of its own free will:
Here is another review of the company "Zetta Insurance", where the client was initially returned only 20% of the cost of insurance. But after filing a complaint, he was paid full cost insurance, without holding the "load":
Conclusion
Always read any contract carefully.
Use your right to cancel your insurance during the cooling-off period (from 1 January 2018, the cooling-off period is 14 calendar days). It is quite possible to return the money for the imposed insurance. True, sometimes it may be necessary to write a complaint to the Central Bank of the Russian Federation, send a pre-trial claim to the insurance company, or at least threaten hotline or at the company office.
Make sure that the policyholder is you and not the Bank, i.e. You were not slipped into a collective insurance agreement. Also make sure that the loan rate does not depend on the availability of insurance.
You can refuse insurance on the basis of instructions Bank of Russia N 3854-U, which applies to all credit agreements starting from 1.06.2016. It only applies to individuals.
Important! According to this decree, you can completely cancel the insurance policy within 5 days after the date of the conclusion of the contract(cooling period). In some cases, the return of the insured amount on the loan is carried out within the period provided for by the contract itself.
Is it possible to return the insurance amount for a loan already paid
The legislation provides for the option of refunding money if the debt was repaid ahead of schedule and the payment schedule was observed. In this case, you will be able to receive the amount of insurance for the remaining period. For example, if the loan was issued for a year, and the full repayment of the debt was made after 6 months, you can return 50% of the insurance.
You cannot make a refund if there was an insured event, which includes a delay in payment, even if the corresponding penalties have been paid. Also, insurance is not refundable for completed loans paid within the framework of the payment schedule.
What policies fall under the instructions of the Bank of Russia
The current law on the return of insurance does not affect all types of policies. By law, you can safely refuse the following types of insurance:
- in case of death or reaching a given age;
- from accidents;
- additional medical insurance;
- damage and loss of property;
- damage or theft of land vehicles;
- damage or theft of water transport (boats, boats);
- OSAGO;
- financial risk insurance.
What types of policies are required:
- medical policies for foreigners working in the territory of the Russian Federation;
- medical policy for citizens of the Russian Federation who are outside the country;
- compulsory policies of admission to hazardous activities;
- civil liability of drivers of international insurance programs.
How banks and ICs can bypass the law
To assess your chances of getting your money back, you need to carefully study the loan and insurance contracts. Knowing about the possibility of claiming a refund, lawyers of banks and insurance companies often go for tricks that do not allow borrowers to exercise their legal right. This includes the following points:
- The bank may prohibit early repayment of the loan.
- The banking organization itself acts as an insurance agent. In this case, a collective agreement is signed, to which the current instructions of the Bank of Russia, alas, do not apply.
- Insurance is included in the basic banking package. This practice is typical for non-targeted consumer loans provided in the format credit card... When making a cancellation, the bank may deprive you of other important package options or reduce the amount of the credit limit.
- If in the loan agreement you have marked a clause on reading the document and full agreement with its terms, it will be difficult to prove the imposition of services in court.
- Since the law is only established for insurance policies, the company can set a low cost of the policy itself and high registration fees and commissions.
If possible, show the documents to a lawyer who can tell you exactly what payments you can expect.
Both banks and, of course, insurance companies will be dragging out time. This is especially true for the acceptance of documents. In this case, you must, upon personal contact, receive a receipt or a corresponding note on the transfer of papers on your copy of copies. Bypassing the system, you can send collected documents by a valuable letter with an inventory of all enclosed securities, as well as with a mandatory return notification of receipt. In this situation, the bank or the UK will not be able to refuse to accept the application.
In some cases, bank or UK employees may seize the originals of contracts from you in order to subsequently amend them bypassing the law. So, if you transfer the original with your signature, it may not accidentally get lost and you will be asked to sign another (corrected) copy.
Insurance return procedure
If you want to return the loan insurance, you can contact directly to insurance organization or act through a bank (if the policy is included in Banking services). The procedure itself depends on who signed the current insurance contract and what are the reasons for its suspension.
Return of insurance for a loan in case of early repayment
If the consumer loan insurance was paid in one payment and immediately after registration, when you make an early repayment, you have a chance to return the remaining amount. This right applies to all types of loan policies. The reason for the return is the fact that the insurance services were paid for, but will not be provided.
After the loan is repaid, you must take the appropriate document on the payment of the debt from the bank. It is attached to the application. Also attached is a copy of the insurance contract and a copy of the passport.
The contract with the UK itself should not be terminated before receiving the money, since in this case it can completely refuse on legal grounds. An exception will be situations when the current agreement spells out the obligation to return part of the money for insurance when carrying out early termination agreements with the bank due to the full payment of the debt.
Consideration of the application by the insurance company is carried out within 10 days, after which you must return the money or provide weighty grounds for refusal.
How can you refuse the imposed insurance
To comply with the procedure, claims are sent to the bank and the insurance company for the return of insurance for the loan. This is necessary to provide an opportunity for a pre-trial resolution of the issue. This must be done during the legal cooling period.
It is allowed to terminate the general consumer loan insurance contract within 5 days from the moment of its entry into force. For a car loan, this period has been legally extended to 30 days, which applies to OSAGO policies.
In some cases, the cooling period can be set by a specific bank. For example, when considering the question "is it possible to return insurance for a loan in Sberbank", it is worth considering the individual conditions credit programs, which allow you to fully return the insurance premium within 30 days from the date of conclusion of the contract or in the amount of 50% if the period exceeds 30 days. You need to submit copies of credit and insurance agreements, as well as a passport, together with a statement of refusal to submit to the bank.
If the insurance contract was signed separately from the credit one (the insurance condition is not spelled out in the loan agreement), you need to immediately contact your insurance company. In this case, in addition to the above documents, Bank details for a refund. If the agreement has already entered into force, you are obliged to return the amount minus payments for the past period, if not, the full amount.
Sample application for the return of loan insurance
The application for the return of insurance can be a standard form provided by the bank or written by the borrower himself. An example sample looks like this:
- To: The head of an insurance company or a bank Full name
- Organization address.
- From whom full name
- Registration (residence) address and telephone number.
Statement
(Date of signing the contract) between me and ( Name of the bank) a loan agreement was concluded ( Document Number), as well as simultaneously with the company ( insurance company name) an insurance contract has been concluded ( Document Number). The loan amount under the agreement was ( total amount in rubles in figures and words) rubles, whereas in fact I was given ( the amount by the body of the loan in figures and words) rubles, and ( insurance amount in figures and words) rubles was transferred to the company ( SK name) as an insurance premium. Loan and insurance term in accordance with clauses ( numbers of clauses of the agreement, where the loan terms are indicated) the contract made ( loan term in months).
(Early loan repayment date) I fully fulfilled my loan obligations to the bank ( Name of the bank), returning the amount of debt ( total loan amount with insurance in numbers and words) rubles and the corresponding interest. In connection with the early closing of the loan, I ask you to return to me the paid in excess of the required insurance premiums at the rate of ( 50% of the insurance premium) rubles.
I ask you to review the decision on my application within 10 days from the date it was received. In the absence of an answer on your part or failure to meet the above requirements, I will submit an appropriate statement of claim to the court with the requirement to pay the claimed amount and interest payments for the use of funds in accordance with Article 395 of the Civil Code of the Russian Federation.
What to do if a refusal is received
First of all, you can file a complaint about banking organization or an insurance company to Rospotrebnadzor due to the imposition of a service. This can be done within 1 year from the date of signing the contract. It is necessary to send a complaint to the Rospotrebnadzor department of your city. This can be done in person, by mail or by e-mail. If your complaint is confirmed and substantiated, an administrative case will be opened.
It should be understood that in fact this will not return the money, but the answer of Rospotrebnadzor will help you in the upcoming trial. By the way, if you missed the deadline for filing a complaint, still send it to the service. In this case, the opening of the case will be denied and the bank or the IC will not incur administrative punishment. On the other hand, in your case, an answer will be provided with explanations of where and how exactly your rights were violated, which is also a compelling argument in court.
You can send an application to the court if, within 10 days after submitting an application to the UK, you did not receive an answer (payment), or you were presented with an unreasonable refusal.
When planning a strategy for how to get your consumer loan insurance back, start trial should only be done on the condition that you are entitled to a fairly large sum. If you only want to reimburse a few thousand rubles, you are unlikely to cover the costs of completing the case.
Many banks offer health, life or work insurance when applying for a consumer loan or credit card. After its registration, you will need to pay additional contributions which can be very large. However, under certain conditions, you will be able to get these contributions back.
Earlier we talked about what credit insurance is and whether you can refuse it. In this article, you will learn about whether it is possible to return the paid insurance premiums after the loan is repaid, and how to do it correctly.
When can you cancel your insurance?
According to article 935 of the Civil Code, insurance of health, life and work ability of a person is always voluntary. This also applies to insurance of the borrower when applying for a loan. In addition, the Law "On Protection of Consumer Rights" prohibits the imposition of some products in the design of others. Therefore, when applying for a loan, you have the right not to agree to a voluntary insurance contract.
However, at the same time, banks are quite active in imposing insurance on their customers - most often, when applying for loans. If the borrower refuses insurance, then they can increase the interest on the loan or refuse to issue it without explaining the reasons. Therefore, people often have to agree to the execution of additional contracts and pay insurance premiums, which can be up to 30% of the loan amount.
However, the insurance contract can be terminated for some time after signing. In 2016, by decree No. 3854-U, the Central Bank gave clients of insurance companies the right to refuse insurance and demand reimbursement of premiums paid. Previously, this was given a cooling period of 5 days. Since 2018, this period has been increased to 14 days.
The Central Bank's instruction applies to any type of voluntary insurance. These include health, life and solvency insurance. You can opt out of these services and return the fees paid.
Sometimes, having certain insurance is one of the requirements for obtaining a loan. For a car loan, this is CASCO, for a mortgage - insurance of the purchased apartment. If you take out a loan or a loan secured, then the pledged property also usually needs to be insured. You cannot refuse such insurance.
Read the contract carefully before returning your insurance. There must be spelled out the main conditions for its termination and payment of the paid contributions. If the contract is signed for joining the collective insurance program, then it is usually impossible to terminate it and return the money.
Insurance return procedure
If less than 14 days have passed since the date of the loan, you can terminate the insurance contract. To do this, you need to contact the insurance company directly and write a statement about the refusal of insurance. You can send the application in person or by registered mail by mail.
The only condition is that no insured event should occur during these 14 days.
You can check the application form with the insurance company. In it you need to indicate your full name, passport and registration data, contract number and account details to which you want to transfer the payment. If required, attach to the application a copy of the insurance contract and a document confirming the payment of the premiums.
Application form (using the example of Sberbank)
The insurance company will review your application for some time. If the requirements for canceling insurance are met, she will terminate the contract and transfer the paid contributions according to the details specified in the application. At the same time, she can deduct from the amount the costs of providing insurance for the past time.
The processing time does not count towards the cooling-off period - you can submit it anytime before the 14-day deadline.
If, after submitting the insurance application, the company refuses to return the premiums to you, and you have grounds for refund, then you can send a pre-trial claim or contact superior body(for example, to Rospotrebnadzor or the Central Bank). As a last resort, ask for a trial.
After the loan is repaid, it is usually no longer possible to return the insurance. After the expiry of the 14-day cool-down period, the refund conditions will no longer apply. Only in very rare cases can the insurance company provide for such a condition in the contract. The same applies to cancellation of insurance after early repayment of the loan.
In this case, you also need to fill out an application and send it to the insurance company. Attach documents to it that confirm the payment of the debt and the absence of obligations under it to the bank. After reviewing the application and making a positive decision, the insurer will return you part of the premiums paid, depending on the time that has passed since the conclusion of the contract.
Do not contact people and companies who offer to return insurance after the loan is repaid. In this case, you will only waste time and money for their services. Even if the case goes to court, the bank and the insurer will most likely be able to prove that you took out insurance voluntarily, and that there are no grounds for refunding the money.
Features of the return of insurance in popular banks
The procedure for returning insurance from different banks is usually organized in the same way. There are differences only in insurance companies, the amount of premiums that can be returned, and in required documents to be attached to the application. Let's take a closer look at the nuances of processing the return of insurance in some banks:
Sberbank
Sberbank's borrowers are insured by its subsidiary Sberbank Insurance. You can terminate the contract and return the contributions within 14 days from the date of conclusion of the contract. The amount of contributions is refunded in full.
To apply for a return of insurance, contact any branch of Sberbank - preferably the one where you took out the loan - and fill out an application. Take your passport, insurance contract, policy and a receipt for payment of premiums with you. Attach a copy of your passport and a payment receipt to your application. The bank reviews applications and transfers money within seven working days.
VTB
VTB also offers borrowers insurance through its subsidiary VTB Insurance. The company refunds paid contributions within 14 days. The amount is also refunded in full, but sometimes the company may charge a small penalty.
To return contributions, please contact any branch VTB Insurance- they are usually located separately from the bank's offices. You will need a passport, insurance contract and a receipt for payment of premiums. Fill out an application for waiver of insurance and attach copies of your passport and contract to it. The insurance company reviews the application and returns the premiums within 15 days.
Alfa Bank
Alfa-Bank's clients are insured by AlfaStrakhovanie. She also obeys the requirements of the Central Bank and returns the full amount of contributions within 14 days.
To refuse insurance for a loan at Alfa-Bank, usually only a passport is enough. Contact any bank branch or leave a request for refusal by calling the support service. In the second case, provide the details for receiving the payment to the call center employee. Upon approval of the application, you will receive money within ten days.
Home Credit
Insurance services for Home Credit Bank are provided by two companies - Home Credit Insurance and Renaissance Life. This bank, unlike the previous ones, allows you to cancel insurance when early repayment credit. In this case, the amount of payment will depend on the period for which the debt was repaid.
To refuse insurance, you need to contact the bank or the company with which you entered into an agreement. You will need the same documents that are needed for other banks. Fill out the application and attach copies of your passport and receipt. The insurance company may require other documents as well. The process of making a decision and transferring money takes ten days.
Renaissance Credit
This bank also cooperates with two insurance companies - Renaissance Life and Soglasie-Vita. You can terminate the contract and reimburse contributions within 14 days from the date of conclusion. Sometimes the company can take a penalty for early termination.
To return your insurance, contact your insurance company branch. Fill out the application, attach copies of your passport, loan agreement and receipts for payment of contributions to it. The term for consideration of the application and the transfer of money is up to 15 days.
Conclusion
Banks and insurance companies in various ways limit the return of insurance upon termination of the contract. This is quite reasonable - companies do not want to lose additional profits. But if you follow the rules and get your way, you can get your money back and refuse unnecessary services.
Finally, we will remind you: always read any documents and agreements that you are invited to sign when applying for a loan. The insurance contract always stipulates the conditions for its validity and termination, including the procedure for refunding premiums. It is best to find out in advance which insurance company the bank cooperates with and study an example of its agreement.
He worked as a lawyer in a large microcredit company, and was laid off because of the crisis. He is well aware of the laws that govern the credit sector. Nikolay will tell you how to use loans correctly and what to do if you have debts.
[email protected] website(6 estimates, average: 4.5 out of 5)
When applying for a loan, bank employees impose an additional service - the purchase of an insurance policy. This adds to wages the employee who issued the insurance policy increases the chances of loan approval for the client and reduces the bank's risks. The service is voluntary, but strongly imposed on the borrower. This raises questions: how to return the loan insurance, is this done exclusively during the period of the loan, or is it possible to return payments after the loan is repaid? The answers depend on some subtleties that the borrower should be aware of.
When can you expect a refund?
With the full payment of the debt with the last payment, two contracts are closed simultaneously - a credit and an insurance one. After that, it is almost impossible to return the money for the insurance - its validity period has expired. So in what cases can you count on the return of insurance after the loan is repaid? It depends on a number of factors:
- First, who was the insurer? There are 2 options: a bank or a third party. If the bank itself insured, it is almost impossible to return the funds. If an insurance company, then there is a chance.
- Second, what are the insurance conditions? Read the agreements - credit and insurance. It may be small, but clearly stated that the client is not entitled to return the money after the loan is repaid. Losses are then reimbursed only through the court, if it is possible to prove that the insurance product was imposed on the client by the bank and the contract was not concluded voluntarily.
- Third, how is the debt repaid - clearly under the contract or ahead of schedule? Some insurance companies, with early repayment, allow the return of part of the finance. Such a clause will be spelled out in the contract.
Thus, everything directly depends on the conditions prescribed in the documentation for the loan, i.e. on the terms of the insurer.
The law in such circumstances is not on the side of the borrower. Even if the insurer company did not provide for some points in the contract, there is article 958 of the Civil Code of the Russian Federation, which says that if the borrower terminates the contract unilaterally, he has no right to return the insurance money.
Therefore, it is better to read the terms of the agreement regarding early repayment before signing the document.
The procedure for returning insurance after loan repayment
So, is it possible to return the insurance after the loan is repaid? We have analyzed in what cases this is possible. Now let's take a look at the order of actions that must be taken to get the money back:
- Take a document from the bank confirming the fact that the debt has been repaid.Do not demand a refund from the bank - it is not an insurer. The bank is just an intermediary, and now you have to deal directly with the insurance company.
- Contact the insurer with a claim for the return of insurance. They write it directly at the office, or, if there is no branch in the city, compose it yourself and send it by registered mail.
- Expect a refund. They must be returned within thirty days, but sometimes it is extended for another thirty days.
It is enough for the client to have one passport.
The application must contain:
- client's passport data;
- claim to return the cost of insurance;
- an indication of the reason why a return is required, with links to the relevant columns of the contract or article of the law;
- contract number;
- account details for transferring the return;
- signature, date.
However, writing a statement is not the end. How to return insurance for a loan if the insurance company refused to do so after repayment of the loan?
Refusal to return funds
The insurer can refuse for the following reasons:
- The insurance agreement contains clauses that exempt the insurer from refunds.
- With reference to article 958 of the Civil Code of the Russian Federation.
- Citing non-compliance with the contract. For example, there were late payments on debt repayment. If the amount is paid and all fines are closed, the fact of violation of the conditions still remains.
In all cases, there are almost no escape routes for the borrower. Then you can take the following actions:
- Obtain a clear official refusal from the insurance company in order to work with this.
- Find a lawyer and try to defend your rights in court.
But, of course, under these conditions one cannot be sure of a court decision in one's favor.
Partial refund
Provided that the debt is repaid ahead of schedule and the insurance agreement stipulates a refund for this case, should all insurance be returned after the loan is repaid in full? Not necessary. Be careful here - it all depends on the length of the debt repayment period. If more than six months have passed since the registration, the insurers will write off part of the insurance payments for administrative support and return only a small part of the amount to the client. To obtain the fullest possible refund, please apply for a document of the costs incurred. This is done through the courts. Then the insurer will not be able to write off the extra money.
Full refund
Will the entire insurance amount be returned after the loan is repaid, if it was repaid in a month or two? Yes, there may be such an option. In such a short time, the insurer company could not write off funds anywhere, so it would not be profitable for them to sue.
Consumer loan repayment
IN mandatory for lending only mortgaged property- this is a car loan and mortgage. With a consumer loan, you have full right refuse the service at the stage of registration loan application... If the insurance policy was nevertheless purchased, a law came into force in 2018, according to which the client has as many as 14 days to refuse insurance (previously there were only 5). If it was not possible to refuse within this period, will the entire amount of insurance be returned after the loan is repaid?
- Be insured and accept the loss of finances.
- Attempt to terminate the agreement.
To do this, submit an application to the insurance company with the requirement to terminate the agreement and pay the funds. In case of refusal, the next authorities will be Rospotrebnadzor and the court. Weigh all possible risks, because how to pay court expenses it is only you.
- Pay off the debt ahead of schedule and, if provided by the agreement, try to return at least part of the money spent on insurance.
- The last option is to try to get the insurance back after the loan is repaid.
Hire an experienced lawyer and try to challenge the insurance contract itself or individual clauses from it in court. If successful, it will be invalidated, and you will return the money spent on the purchase of the insurance policy.
Early repayment refund
If the loan was the reason for the purchase of an insurance policy, and the debt was returned ahead of time, it is logical and fair that the insurance contract is closed simultaneously with the debt, and the remaining funds are returned. But how will this be combined with reality - is it possible to return the insurance at least partially after the early repayment of the loan? And what to do for this?
The easiest option is to simply stop transferring funds to the account of the insurer. Then the agreement will be terminated automatically. Carefully read all the documentation, check if the insurance company provides for fines and penalties for this. But it is better, of course, to contact the insurer with an official statement. Attached to it:
- the passport;
- a certificate from the bank certifying the fact of the complete closure of the debt;
- a copy of the loan agreement.
With a statement, contact the head of the company directly with a request to terminate the signed agreement and return the unused part of insurance payments.
The mistake made by borrowers is that they try to recover the overpayment on insurance from the bank and not from the insurance company. You need to contact the bank when it is both a lender and an insurer at the same time, which is rare.
Full refund of the cost of insurance in case of early repayment is possible only with the following options:
- The repayment was made within one to two months after the contract was signed.
- The insurer has ceased to carry out business activities, and its insurance is capable of reimbursing all losses associated with the conduct of this business.
- The presence of an insured event.
Under other options, the insurer will offer to pay only a certain percentage of the funds.
Another important point- refund amount. Insurance companies often try to save money on this. Unfortunately, the state does not regulate the calculation of this amount - there is no single methodology. There is only one rule here: the part that has already been paid along with the loan payments is not subject to payment.
What if there is no response from the insurance company?
What if the insurer doesn't answer? If the insurance company does not respond to the application, this must be documented. Send a certified letter with notification to the address of the insurance company in order to purchase a document confirming the receipt of the letter by the organization. A copy of the sent application and an inventory are attached to this document, and with this set of papers they apply to Rospotrebnadzor. If they do not react there, then the last instance is the court. Which court to apply to? Depends on the amount in question: up to 50,000 rubles - to the magistrate's court.
Calculate in advance the amount of the claim - it can be less than the costs of legal proceedings.
An agreement, an extract with loan payments, an insurance agreement, an application to the insurer, and a mail notification are attached to the application to the court. The application is submitted within three years.
After the loan is repaid, it is possible to return the insurance, but it is difficult. Refuse it on time - at the stage of issuing a loan product.
