Sberbank borrowers often complain that life insurance is imposed on them when they apply for a loan. Is it possible to refuse financial protection at the stage of signing the documents and when it has already been purchased? What will be required of a client who decides to return the money? In our article we will try to answer these questions.
Borrower's life insurance is beneficial to the bank, because in an unforeseen event, the loan will be paid by the insurance company. Does the client need financial protection? If you are taking out a significant amount of a loan (such as a mortgage or car loan), the insurance policy will protect your family from paying a heavy debt if something happens to you. There is no point in insuring small loans.
Is this service mandatory or not? If you are offered life insurance, you have full right refuse. The bank can influence your decision by raising the interest rate in case of canceling the insurance, but you cannot force you to purchase the policy. If the cost of the loan rises by more than 1%, it may even be profitable to issue a policy, because then the interest overpayment will be much less. There is mandatory types insurance that you cannot refuse:
- Real estate collateral insurance.
- CASCO for some types of car loans.
Important! Financial protection life and health for all types of loans is issued only voluntarily.
When signing documents at the bank, be sure to check with the credit manager for all controversial issues. If you decide to buy a policy, carefully read its content. The fact is that insurance contracts have many clauses when insurance payment not approved. For example, it may not include accidents resulting from drunkenness or extreme sports.
Rejecting the insurance offer
The easiest way not to overpay for insurance is to refuse it even when applying for a loan. At Sberbank, as in any lending institution, employees have plans to sell financial protection. Naturally, you will be offered this service at every opportunity.
If you succumbed to persuasion and bought a policy, it will be more difficult to refuse it. In order not to face the persuasion of the loan manager, apply through Personal Area on the bank's website. Here you can independently check the box in front of the insurance column or remove it.
Cancellation of insurance interest rate the loan is likely to be increased.
Is it possible to cancel the insurance policy after receiving a loan from Sberbank and on what conditions?
- Within 2 weeks after applying for a loan (during the cooling period), you can contact the bank or insurance company with a statement to cancel the policy. In this case, you are required to return the full amount.
- In case of early repayment of the loan, you can return part of the cost of the insurance for the time when you did not actually use it.
- 15 days after the insurance policy is issued, you may be refunded part of the amount, if such an item is spelled out in the terms of the contract.
In some cases, it may be wise to contact a lawyer who specializes in resolving issues with banks and insurance companies. If the refusal of the insurance company to return the money is unlawful, he will help to make a claim. The next step is to submit statement of claim and consideration of the case against the insurer in court. As a rule, it does not come to this, and Insurance Company returns the cost of the policy in accordance with the law.
If the loan manager is persistent
What to do if at checkout loan agreement do they also impose insurance on you? You must understand that it is your legal right to refuse financial protection of life and health. Sberbank cannot impose the purchase of this service under any circumstances.
If you do not want to issue a loan without a policy, threaten the bank's employees with contacting Rospotrebnadzor and the Central Bank of the Russian Federation. Imposing additional services is a serious violation, for which the credit organization may even be deprived of its license. Therefore, as a rule, the real complaint does not reach, it is enough to contact the management of the branch or call the bank's hotline. How to get the cost of the policy back after the loan has been issued?
- Within 14 days, write an application for a refund at the office of a bank or insurance company. Attach copies of your passport, loan agreement and payment receipt to it.
- After 5 days, you should be credited with funds to the current account specified in the text of the application.
If you decide to return the money for the policy after purchasing it, you should refer to the instruction of the Central Bank of the Russian Federation about the cooling period, when the amount is returned in full. The insurance company has no right to refuse, so you should start by filing an application, and then write a claim. In the absence of a result, you can contact the judicial authorities.
Very often, employees of credit institutions impose insurance, which causes negative feedback from clients. Although it is the insurance company that will “save” the client in the event of a force majeure event (death, illness, job loss, etc.) and undertake obligations to repay the existing loan. For the most part, it is the lack of understanding of this fact that causes a sharp negative of customers who hear the word "insurance" when applying for a loan.
In fact, a financial protection program is a loan insurance, and usually it is an agreement to join the insurance program, i.e. collective insurance. You can refuse it within 14 days according to the law. You can contact lawyers and get free consultation on return
Fast money back for insurance
Differences between collective protection and individual insurance
The collective financial protection program is the insurance of a group of persons under the same conditions and against the same risks. In this case, the initiator of insurance and the insurer is the bank, which concludes an agreement with the insurance company. The policy is issued in the name of a credit institution, and the client receives, at best, a certificate.
In essence, a financial protection program is imposed insurance on a loan. Give up the program and most likely they will not give you a loan (or they will give you, but at a rate of two times higher). The main disadvantage of the program is the contract between the insurance company and the bank.
Although you pay for the program, you are not a party to the contract.
The essence of a collective insurance agreement is that a credit institution buys a financial protection program from an insurer for all its clients (current and future) at once. The bank's clients do not conclude separate agreements with the company, but join the already existing collective insurance agreement concluded between the bank and the organization.
Also, with collective insurance, the client cannot choose insured events, companies, or change the terms of an existing contract, choose its validity period, etc. Because he only joins the already concluded agreement.
With individual insurance, the borrower can choose a company from the list of accredited by the bank, select a specific package of services that the organization offers, the term, payment procedure, etc. In this case, the insurance company will be the insurer, and the borrower will receive a full-fledged policy of the insured.
Insurance sizes of different banks
Below is a table of the approximate amount of insurance for the TOP 10 largest banks in the Russian Federation with a loan amount of 200 thousand rubles
| Bank | Credit amount | Compulsory insurance | Insurance / Loan amount |
|---|---|---|---|
| ICD | |||
| Opening | |||
| VTB | |||
| Post Bank | |||
| Citibank | |||
| Alfa Bank | |||
| Sberbank | |||
| B&N Bank | |||
| Unicredit | |||
| Raiffeisenbank | |||
| Rosselkhozbank | |||
| SMP-Bank | |||
| Gazprombank | |||
| Promsvyazbank |
As you can see, the most greedy in in this case Promsvyazbank and MKB, insurance is one fifth or a fourth of the loan.
Collective insurance on the example of Sovcombank: how to join it?
Sovcombank is one of the few credit institutions where collective insurance is very actively used, and not individual. Moreover, according to clause 3.5. “Insured person's reminders” payment for participation in the collective financial protection program is carried out at the expense of the received loan.
That is, if a person needs to get 100 thousand rubles, and insurance premium is 25% of the loan body, then the bank approves a loan for 125 thousand rubles of which:
- 100 thousand rubles issues to the client
- 25 thousand rubles keeps himself as an insurance premium, and even charges interest on this amount in accordance with the rate set for the borrower.
Many experts believe that the collective financial protection program allows banks to hide real value services. If we turn to the terms of individual insurance contracts of large banks, then every year the client pays for insurance about 2-3% of the loan body, while under collective agreements banks rip off 25-30% of the loan body from people, regardless of the loan term.
This is due to the fact that the commission for participation in the financial protection program is set not by the insurance company, but by the bank. He has already entered into an agreement with the insurance company, paid "his" money for the service and can set absolutely any fee for joining the borrower to the insurance program. Fundamentally, financial protection is your typical rip-off and you don't need it.
If we talk about the cost of participation in collective insurance of Sovcombank, then it will not work to name a specific amount. There is not a word about the size in the documents insurance compensation or the cost of services. This can only be guessed at from the reviews of the borrowers.
For example, Elena L. applied for a loan in the amount of 100 thousand rubles. for 5 years and paid 32 thousand for insurance for the entire period. According to the documents, Elena L. took out a loan for 132 thousand rubles.
Another borrower of Sovcombank received a loan for 250 thousand rubles. of which he paid 60 thousand rubles for insurance.
Moreover, almost all Sovcombank clients in their reviews on authoritative resources claim that “voluntary” insurance was initially imposed by a bank specialist. Borrowers say that employees say in plain text that if they refuse insurance, they will not approve the loan.
A positive decision comes only in case of joining the collective financial protection program, which contradicts several laws of the Russian Federation at once (the right to choose, freedom of contract, the law on consumer protection, etc.)
And a person who urgently needs money in debt has no choice but to agree with all the conditions of collective insurance, without even reading them, in order to get money as soon as possible.
Why do you need insurance? What does it give?
The collective bargaining agreement is most often used to insure the life and health of borrowers, although there are precedents with job loss, fraud, etc. In the event of an occurrence insured event all obligations to repay the loan are assumed by the insurance company.
In view of this, insurance is needed so that the burden of debt repayment does not fall on the direct heirs of the borrower, as provided Russian legislation... In case of death of the borrower credit debt is inherited along with all the property, and only by refusing to enter the inheritance, you can refuse to pay the loan.
Also, collective insurance will be useful in case of temporary or complete disability, if the corresponding reason is on the list. In this case, the loan will be paid by the insurance company and the borrower will not be disturbed by the collectors, litigation and bailiffs, but credit history will remain positive.
Is it possible to return the insurance?
Firstly, all borrowers who have entered into an individual insurance contract can terminate it within 5 days in accordance with the decree of the Central Bank, which entered into force on June 1, 2016. The five-day “cool-down period” does not apply to contracts with legal entities and on the agreement of the collective financial protection program, since the insured is not the borrower, but the bank. So it is impossible to refer to this point and refuse collective insurance.
Any borrower can find useful information about how to refuse financial protection when obtaining a loan... This is a specific kind voluntary insurance offered by credit institutions... Bankers do not use the word "insurance" to create a positive image of the service in the eyes of the client.
What is financial protection for loans and how to refuse it?
The financial protection program comes into effect when the client does not pay off the debt for a long time. The bank charges interest, fines, and the borrower cannot pay off growing debts on his own. Financial protection involves the following types of services:
- negotiations with the bank, loan optimization;
- reducing the amount of debt, reducing the financial burden, for example, writing off accrued fines, returning insurance;
- negotiations with collectors and bailiffs;
- obtaining a bank statement on the absence of debt, maintaining a positive credit history.
The program carries out the financial analysis on the client's case, legal analysis of the loan agreement, protection from calls and pressure from collectors is organized, assistance is provided in filing applications and claims to the bank.
Lawyers offer to initiate a lawsuit to terminate the loan agreement. Help prepare proof of insolvency and strong arguments so that the borrower can refuse the loan. Then there is a dispute over the debt in judicial procedure, removal of arrest from property, loan restructuring.
Financial protection pitfalls
The protection program has a number of features that bankers do not usually disclose to the borrower.
- Payment for financial insurance is carried out immediately for the entire period of service provision. The calculation takes into account the amount of the loan and interest. The client pays the entire amount in a lump sum on the day the loan is issued.
- Defense cost is deducted from total amount credit. For example, the loan was issued for 500 thousand rubles, minus financial insurance, the client receives 420 thousand rubles. 80 thousand go to pay for financial protection. As a result, the borrower must repay 500 thousand rubles. and pay interest for the use of this money.
- The client has the right to refuse financial protection, but deducting income tax... To apply for cancellation and 100% refund of insurance, the contract must provide for a period of 14 to 30 days. If the borrower missed the specified period, then it is almost impossible to return the money.
- Financial insurance of this type the term of validity does not coincide with the loan agreement. Protection "turns on" from the moment of signing insurance document... If the borrower has repaid the debt ahead of schedule, financial protection continues until the due date.
Conclusion
Insurance and financial protection allows you to protect yourself. When the insured event specified in the contract occurs, the company will pay off the client's debt at its own expense. But if the borrower is sure that under any circumstances, he will repay the debt, then you should not overpay. The imposed financial protection and other additional services can be canceled within 14 days from the date of signing the insurance contract.
1. How to refuse financial protection, which was imposed without my demand?
1.1. Submit a written cancellation statement.
2. Can I refuse financial protection?
2.1. Yes, of course, financial protection can be waived.
3. I need financial protection for loans.
3.1. Hello! Some don't.
4. Is it possible to refuse financial protection in the Renaissance bank.
4.1. According to the law on the protection of consumer rights, the consumer has the right to refuse the service at any time by paying only for the part actually provided.
4.2. Hello Guzalia!
You need to write an application to the bank to refuse financial protection ("disguised" insurance) and return the money paid for it. After receiving a refusal from the bank, you can go to court by submitting a loan agreement, insurance and bank refusal.
Respectfully yours, Rimma Ruslanovna Zhukova.
5. How to get money back from the bank for financial protection?
5.1. To return, you need to submit a written claim based on the norms of the Civil Code, was it imposed when applying for a loan?
5.2. Good afternoon.
The consumer has the right to refuse to fulfill the contract for the performance of work (provision of services) at any time (in accordance with Article 32 of the Law of the Russian Federation "On Protection of Consumer Rights").
Terminate the contract (in writing), demand a refund if the service was never provided to you.
6. Is it possible to refuse financial protection after already receiving a loan?
6.1. It is possible, most importantly, not to miss the deadline, in order to return its value, it is necessary to present a written claim based on the norms of the Civil Code, when did you draw up the documents?
7. You need to disable the financial protection service at Home Credit Bank.
7.1. DO NOT disable, but you must submit a written request for termination and refund of money in accordance with the rules of the Civil Code.
7.2. Good morning! What exactly is this service, provide information in more detail.
8. In June of this year, when applying for a loan, they imposed the Service-Package "Financial Protection" service, the cost of the service (over 64 thousand) was debited from the credit account. Now I was going to fully repay the loan ahead of schedule, I did not use the options included in the service. In this regard, my question is:
After full repayment, can I return the money for the unused service, as well as the interest accrued for half a year on the amount of the service, since it was included in the loan amount?
8.1. Apparently, this is actually insurance, and you could terminate such an agreement within 14 days. If this has not been done, then nothing can be done.
Sincerely.
8.2. You will not be able to return anything under insurance.
9. A month ago I took online loan at the Renaissance bank. They turned on financial protection for me, the amount of which is 60,000. Can I turn them off or return them back? WITH hotline They called me and said that nothing could be done.
9.1. And what kind of financial protection is insurance?
Sincerely.
9.2. Of course, you have the right to terminate the contract for the provision of financial protection services on the basis of Art. 782 of the Civil Code of the Russian Federation. Submit a written cancellation statement.
9.3. Greetings to you Oksana. Yes, you can refuse and get your money back.
10. There was a loan from Sberbank for 5 years with insurance. In connection with the early full repayment, wrote a statement to the insurance company with a proposal to return the overpaid amount. Sberbank insurance is silent, the Financial Services Consumer Protection Service of the Central Bank of Russia replied that this is not their responsibility and advised to go to court.
Questions. Does it make sense to go to court? What kind of court, arbitration or ordinary? Are there other ways to resolve the issue?
10.1. Gennady Viktorovich, it makes sense, but only with a competent appeal to the court with the help of an experienced lawyer who had such cases. There is a certain position there that can lead to success.
Another way of solving the issue, as they say, is to understand and forgive :)
10.2. Hello. This category dispute is my main specialization. To collect funds under an insurance contract, you need to go to court. There is no other way. In addition to the amount under the contract, it is also possible to collect a fine, forfeit, compensation for moral damage and legal costs.
10.3. Correctly wrote to you, choose a lawyer and go to court.
11. Is it possible in the Cassation Instance to present new evidence, for example, the appraiser's report on the market value of the car and the allocation of the ransom fee in the payment structure, in the first instance this report was not provided, due to the difficult financial situation, the line of defense was based on the method of requesting statistics on market prices, acc. Article 424, but the court did not accept this request.
11.1. New evidence cannot be submitted to the cassation court.
The situation is not completely clear from the question. Describe in detail the essence of the dispute. Maybe the right can be restored in another way.
12. I took out a loan from Renaissance Bank, 60 days have already passed, can I refuse the service, financial protection "?
12.1. Good afternoon. You can refuse at any time, but no one will return the money to you. You had 14 days (cool-down period) to fail.
13. How to refuse the financial protection package in the bank if more than 14 days have passed from the moment of the loan registration.
13.1. Alexander, you can refuse even now, only no one will return the money to you, you had to keep up with the cooling period.
14. A year ago I bought a car with a car loan in Sovcombank for 5 years, I received financial protection for 90300 and a card sovcombank premium 32500, today I have fully repaid the loan, I turned to the bank on the issue of reimbursing money for life insurance, I need to write a statement and part of the money will be returned, but about returning from autoassistrans is impossible, but I didn’t use their services, it turns out I just gave them money? Can you please tell me if you can do something and return the money after a year.
In the financial arena, lending and insurance have become closely related products. Sometimes it is impossible to get money without buying a voluntary protection form. Every borrower should know how to refuse financial protection when receiving a loan, or what risks it can cover. Additionally, we note what to do if a refusal is received.
The term "financial protection" has appeared relatively recently. As a result, the client does not have such a negative attitude to it as to the life and health insurance contract, which they are used to receiving in addition. However, it is important to understand that financial protection is the same insurance that has received a different name.
Unlike conventional life insurance, a financial protection program may include risks such as:
- Negotiating with the collector or the bailiff if the client has difficulties with payment.
- Communication with an authorized employee of the bank, in order to carry out refinancing or obtain a loan vacation.
- Negotiations with the bank aimed at writing off the accrued interest and penalties that arose as a result of non-payment.
It turns out that the authorized manager of the insurance company will solve the client's problems and look for a way to recover in the payment schedule with minimal costs for the borrower.
Each client should understand that financial protection is a voluntary product that should be signed only of their own free will. If the agreement was imposed or not given the right to choose, then you should defend your rights. Let's see how to do it correctly.
Disclaimer of protection upon signing a loan agreement
The easiest option, thanks to which each borrower can refuse additional costs. To do this, you should:
- Since lenders include the price of the policy in the total cost of the loan, a statement should be written before signing. In the application, indicate personal data and the requirement to exclude financial protection from the loan agreement. A copy of the application with a mark of acceptance by a specialist should be left on hand.
- Wait until a bank specialist changes the terms of the agreement and generates a new payment schedule, excluding the price for an additional product.
- Carefully study the terms of the contract and sign it. After that, receive money at the cash desk of a financial institution or on a card, depending on personal preferences.
To protect the rights of the client, the state approved a "cooling period". Starting from January 1, 2018, the period has been extended to 14 days. Within the specified period, all companies are obliged to return full cost insurance upon receipt of a written application from the client.
If the cost of the policy is included in the loan, then the bank is obliged to change the payment schedule downward by drawing up an additional agreement.
To get your money back during the cooling period, you should:
- Visit the office of an insurance company or a bank if an employee of a financial company can accept documents.
- Write an application for waiver of financial protection.
- Attach documents: policy, copy of passport, bank account details.
- Request a copy of the completed application, on which the employee will put the incoming number.
Example statement:
Director of IC "Sberbank Insurance"
Ivanov Ivan Petrovich
From Makarova Maria Ivanovna
Statement
I ask you to early terminate the financial protection agreement No. 123 dated 01/15/2019, concluded upon registration consumer credit No. 456 of January 15, 2019, due to uselessness.
I ask you to return cash to bank account 40817810938051338XXX, BIK 044520224, Beneficiary Maria Ivanovna Makarova. The account was opened with Sberbank.
Attached to the application is a copy of the passport, account details, financial protection agreement.
There is no approved application form within the law. As a result, each borrower can fill it out in any form. The main thing is to indicate personal data, information on the contract, the essence of the appeal and the method of obtaining a refund. The insurance company is obliged to return the funds within 20 days.
14 days after the execution of the loan agreement, you can cancel the voluntary agreement. The only drawback is that the insurer will withhold the costs of doing business and the cost of insurance for 14 days or more (depending on when the client applied).
To return the money, you will need to prepare documents and visit the office of the insurer or bank. At the office or fill out an application in advance and get a copy in your hands.
If financial protection is included in the cost of the loan, then the application must indicate "I ask you to revise the loan amount minus the cost of financial protection and create a new schedule for paying monthly installments."
The costs of doing business are approved by the internal regulations of each insurance company. Their size can range from 10 to 40% of the insurance premium.
What to do if the insurance company refuses to pay
A number of insurance companies refuse to pay out on the voluntary insurance form. In this case, a written refusal should be requested, with which to apply to the court.
An experienced lawyer will help to resolve the issue, who will prepare the documents and represent the client's interests in court.
When making a decision, the court takes into account not the rules of financial companies, but the norms of the law.
Let's summarize
In conclusion, it can be noted that financial protection is a voluntary product that is purchased when a loan is issued. After purchasing protection, each borrower can refuse it. Within 14 days after registration, the insurer is obliged to return the money in full according to the form or to exclude it from the loan agreement. When contacting after two weeks finance company will keep some of the money.
If financial institution violates the client's rights and refuses to return, then you should defend your rights. For this, it is drawn up, to which a refusal is attached and submitted to the court.
