The loan insurance minimizes the risks of both the bank and the borrower. But it is not always obligatory, and you can refuse the service after the conclusion of the contract.
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How in 2019 a loan insurance is returned, what nuances need to know? In almost any lending, the Bank proposes to issue insurance.
Customers, afraid of failure in lending, agree. But not all borrowers are aware of the possibility of refusing insurance. Is it possible to return insurance premiums in 2019 and how to do it right?
What you need to know
Refuse the insurance service is quite simple when applying. You just need to inform the bank employee about your unwillingness to make insurance.
But for the borrower such a solution may have negative consequences. The most common options for developing a situation:
| Refusal of lending | The bank often refuses to approve the application for a loan due to lack of insurance Polisa.. By law, the imposition of insurance is prohibited. An exception is only for which the presence of insurance is required. But at the same time, the bank is not obliged to voice the reason for the refusal. In the absence of other weighty arguments for a positive solution, insurance becomes a decisive factor |
| Significant interest rates | Some banks offer credit products with insurance and without. In the latter case, the loan rate may be higher by 5-10 points. Customers scare an increase in the cost of the loan and they draw up insurance. In practice, credit with increased bid. may be cheaper insurance costs |
| Tightening credit conditions | The bank may insist on making insurance not only by raising the rate, but also through a decrease credit Limita, increase / decrease in the duration of the credit period, the requirement of additional support |
The bank is beneficial customer insurance. It minimizes the risks of non-return, and sometimes it brings an additional financial (when insuring the Bank himself).
Because the client will "push" to the conclusion insurance contract all possible methods. At the same time, the law does not proceed after signing.
After receiving the loan, you can abandon insurance (if it is not mandatory) and return the tools spent. True, the return amount is determined by the moment of circulation and insurance conditions.
Definitions
Loan insurance can be voluntary and mandatory. Voluntary insurance options include insurance risks such as:
- loss of the ability of the borrower;
- loss of work;
- assignment of disability;
- death of the borrower.
The general meaning of insurance is that if for some reason the client will not be able to return a loan, then the insurance company will make it for it. So the bank is protected from irrevocative.
The borrower himself can be confident that in the event of insurance risk, the bank will not turn to court and the penalty will not be drawn to the property.
With voluntary insurance, the client can choose which risks to include in insurance. Mandatory insurance is required when making a mortgage and.
In this case, there is a pledge of property in favor of the bank. Since the bank must be sure that before the final payment of the loan, with a mortgage facility nothing will happen, he is entitled to demand insurance.
As insurance case Persay the risks of loss or damage to the collateral. Other types of insurance are drawn up at the request of the client.
Failure to insurance involves the termination of the insurance contract. But you need to know in what cases you can refuse insurance, and under what conditions.
For whom it is possible
Refusal of insurance is possible only with voluntary insurance. At the same time, several possibilities of refusal are possible:
| Refusal of insurance within 5 days after signing the contract | According to the instructions of the Central Bank of the Russian Federation No. 3854, the insurance imposed by the bank can be in "cooling period". It should be returned complete insurance amountUnless the insured event has arrived. Unfortunately, a five-day period for refusal does not apply to collective insurance programs. In this case, the possibility of refusing is regulated by the internal rules of the bank |
| During the entire period of lending | Refuse voluntary insurance You can at any time. But the possibility of returning funds will depend solely on the conditions prescribed in the contract |
| Upon completion of the term loan agreement | This refers to the situation when the duration of insurance exceeds the period of loan payment. Similarly, the possibility of returning funds depends on the agreements reached and recorded when concluding the contract |
When the loan insurance is mandatory, then the failure to insurance is possible only after the completion of the loan payment.
According to this norm, the possibility of return depends exclusively from the insurer if the condition is not spelled out in the contract.
Borrower early repayment Often it is necessary to prove its right thing in court. At the same time, it is possible to refer to the fact that the credit and insurance contract are related, respectively, insurance should be terminated along with the payment of the loan, including early.
Since after the closure of the loan agreement, insurance risks disappear, the termination of the insurance contract regulates Article 958 (paragraph 2). `
However, the decision on the return and the return amount depends on the content of the contract.
Arising nuances
When planning a refund of the credit insurance, it is necessary to find out some points to begin:
- is an agreement with individual or collective;
- the return conditions established by the insurer;
- what is said about the return of insurance in the contract itself.
If the insurance contract is individually with an insurance company, then apply for a refusal is needed within two weeks after signing the contract.
When a collective insurance program takes place, the handling time is set to the bank.
The application must be submitted to the immediate insurer. If you do not comply with the terms of treatment, then part of the insurance amount may be kept for the period of action.
In addition, the terms of the contract can directly indicate that insurance premiums are not subject to return (when refused after the cooling period).
Sample of the application for the return of credit insurance
The application for refund of the loan insurance is compiled in free form (SC can have a ready form). The document contains:
- FULL NAME. applicant;
- details of the insurance company;
- number and date of the insurance contract;
- number and date of the loan agreement;
- request for termination of the insurance contract and return funds;
- indication of the normative basis of termination of the contract;
- account number or data bank card to return funds;
- date and signature with decoding.
You need to make a statement in two copies. Some of them should remain from the applicant with a marking of the reception.
Application should be made copies of contracts. Application form for a refund of the loan insurance can be.
Which time returns
Return funds when submitting an application during the cooling period should within ten days. If the insurer delays payment, then the complaint should be submitted to Rospotrebnadzor.
The amount of returned funds will depend on the date of commencement of the insurance contract, prescribed in the content. If the contract has not yet begun to act, then you must return the whole amount completely.
When the application is submitted a few days after the entry into force of the contract, the insurer has the right to keep some amount over these days.
Usually it is a minor part of the funds, it is impractical about it. But all of the foregoing refers to individual insurance contracts.
Many large banks Insure customers on the collective program and the return conditions can be very different.
Is it possible to return to this organization
When insurance is issued according to the collective program, the client signs not an insurance contract, but an accession agreement.
The terms of the contract may indicate that the insurance amount returns minus certain expenses is quite legal.
If the insurance of CASCO was drawn up, then it may be necessary to return. This time is also worth considering.
In addition, if insurance premium It is paid in parts and will not be paid on the appointed period, the insurance company has the right to solve the contract independently.
The loan issuance is almost always a risky enterprise for both banks and borrowers. In this regard, many banking organizations When making a loan agreement, insurance products sell their customers. This procedure is extremely important for financial institutions, since it decreases the risk of non-payment of the borrower of issued funds. How to return insurance for credit? In what situations can this be done?
Is the loans insurance legally?
If the bank provides the client one service, he has no right to impose another one. Thus, the illegal action is to impose insurance during the issuance of the loan. Therefore, if the bank has prisigally sold another service to the Client, he is entitled to demand a refund of credit insurance and compensate losses.
Some financial institutions Began to refer to the fact that the agreement was concluded by the insurance company, not by them. However, if the contract with the credit consumption was also the bank, and the insurance company, it is not considered legal. Insurance is imposed and has no relation to the loan agreement. According to the law "On Consumer Loans", banks are not entitled to force potential borrowers to conclude insurance contracts.
Is it possible to return insurance?
Often, in its ignorance, the borrowers acquire the insurance product. It already means that they agree with all the provisions of the concluded agreement. Quite often in one of the items of the document, a line is prescribed that the borrower has no complaints about the bank. Therefore, financial institutions in most cases insist that borrowers are buying insurance for their will. And when the return of credit insurance is issued, not all paid funds are credential. Banks can only return the amount that is proportional to the period of reality of the agreement.
If the Court is connected to the consideration of the complaint, the decision can be made in favor of the client or the financial organization. It all depends on the essence of the contract, evidence, arguments. It is impossible to obtain paid funds when the contract was over 3 years ago. It is impossible to return the money and in those situations if the agreement has an item on the impossibility of return in its early termination.
Types of insurance events
Before you consider how to return insurance for credit, the types of products should be disassembled, which are issued by banks. They may offer insurance loans, pledge or customer's life and health. An financial organization is important that the loan is insured, because it can return the funds issued at any situations.
Insurance of pledge must be carried out. If the property object, which is a deposit, becomes unsuitable, the debt will be repaid by the insurance company. It is advisable to insure life and health when the client will repay the loan over a long period of time.
Mortgage and car loan
How to return insurance for a loan that was taken to buy housing or car? Make it is practically not possible. The fact is that specifically in these cases insurance is carried out, namely property. In this case, terminate the insurance contract full repayment Loan is impossible. The exception can only be situations where the borrower fully reincarnates the loan or fully pays for insurance premiums.
Consumer credit
How to return insurance for the loan for the goods? It is much easier to make it than in the above cases. At the same time there are two return schemes. The first is to failure to the insurance product. The second way is the termination of the contract with the insurance company during the validity period of the policy. The above procedures are relevant for cases when the debt has not yet been repaid.
How to return insurance for early repayment of the loan?
Quite often, one of the terms of credit is the annual payment of the fee for the insurance policy. Therefore, with early repayment, borrowers may require the return of the money that was paid after that moment. To refund paid funds, you need to contact the bank and write a corresponding statement there. The financial institution may compensate for the amount paid over the amount or refuse to return. If the bank refuses, the borrower has the right to go to court and demand to recover unjust enrichment with the financial organization.
If loan is repaired
Some insurance contracts contain items according to which the borrower has the right to partially return paid funds with full repayment of the loan. How to return insurance for a paid loan? Such situations often occur when the bank performs the insured function at the same time. However, in most cases in loan agreements, this condition is not contained. Therefore, the borrower can only be restored when contacting the court.
If the loan contract is still valid
How to return insurance for a bank loan, which is still repaid by the borrower? This can be done only during one calendar month from the date of receipt of funds. The borrower needs to contact the bank and in writing to abandon the insurance product. This development of events is possible only in the case of consumer loans.
How to return insurance for a loan in Sberbank?
If you contact Sberbank within 30 days after receipt credit funds, money for insurance will be fully competed. However, if the client appeals at the end of this period, then the bank can return the insurance fee only partially. To reimburse funds for imposed insurance, the borrower needs to contact the branch of Sberbank, where he took a loan, and write a corresponding statement.
With me you need to have a passport. The case will be considered the only one calendar month. If Sberbank's decision is positive, funds are charged to the card or the borrower's account, which he indicated when writing a statement. When the bank refuses to return funds, and the borrower did not violate the conditions of the lending agreement, it has the right to apply to the court. The same procedure will be in the reimbursement of insurance in other financial institutions. It is important to remember that the borrower needs to pay for the services of a lawyer and other legal costs.
If the bank was deceiving from the very beginning
Often customers are not warned by the Bank's employees that they sign a loan agreement and simultaneously draw up insurance. This information is often silent by both contact centers, which make out applications for issuing credit funds by phone. And when the borrower signs the contract, the application for which was previously approved, it is given a smaller amount than is indicated in the contract. The remaining funds go to pay for the services of the insurance company. Therefore, a loan agreement must be read very thoughtfully, because there will certainly be contained information about insurance.
How to return the imposed insurance for a loan if this situation has already happened? This can be done by contacting the bank or in judicial order. However, to return the funds is unlikely to succeed, because the borrower has already put his signature in the contract. This means that he is familiarized and agrees with the terms of the agreement. It is such argument and give banks. But, relying on judicial practice, it can be said that the courts often fall on the side of the debtors. To begin with, a claim should be submitted, and then apply to the court.
What if the bank refuses to return funds?
The natural reaction of any bank on such an appeal of the borrower is the reluctance to return funds. therefore financial organizations Often they are trying to reduce the amount requested by the client, arguing this presence of additional expenses for the insurance period. You can solve this problem, demanding from the bank to calculate actual expenses. The only cost of expenses may be a contractual service when insurance agent Commission is paid.
The borrower needs to insist on returning the full amount, and if necessary, write a claim by the Bank's management. Failure can be obtained if the 30-day period has expired or if the client indicated little information about the loan issued. Time is not worth it if the bank refuses to return money, you need to immediately go to court.
Effect of return funds on credit history
The credit history of the borrower does not contain information on insurance payments. In this regard, the credit dossier will not be replenished with information on the return of funds for imposed insurance, even if a trial occurred.
How to return insurance for credit? This can be done only in cases with consumer loans. To return funds, you need to contact the Bank with the relevant statement within 1 month. If the financial institution refuses to return funds, the borrower may apply to the court. He will take the side of the borrower if he did not violate the conditions of the loan agreement.
IN latelyWhen issuing a loan, credit organizations require constantly insure the borrower and its property.
It turns out that even insurance premiums are added to significant loan payments. Such an amount of expenses will endure the wallet far from everyone. Therefore, it is important to know how to return the loan insurance.
What you need to know about loan insurance
The easiest way to return money for loan insurance can be, if such developments have been spelled out in the insurance act, such a development in the signing of this agreement.
But it is best not to make insurance at all. According to the laws of Russia, if the borrower takes, for example, in Sberbank or applies, then only then insurance is required.
And on other types of loans, insurance is not necessary. Only with the decision of the client (part 2 of Art. 935 of the Civil Code of the Russian Federation).
Usually banking institutions, for example, Sberbank does not give a loan after refusing to insurance. But since it is illegal, in this case you need to remind them from Art. 16 of the Law "On Consumer Protection".
The time of returning insurance should not exceed the month. Recalculation make from the new month. For example, the client turned the 11th. It will be considered from the 1st day of the next month, and the remaining 19 days will not pay.
The main mistake of almost all borrowers is that they go to the credit institution, and not in insurance company. This is only necessary if the insurance is the Bank's service.
In other situations, if you plan to return the whole loan, you can not go to the bank. Going to the Insurance Agency, you need to take a passport with you, insurance, documents that the loan payment is made, photocopies of all papers. Money they must list or on a card account, or pay cash in an hour.
Difficulties in the return of funds
The specialists of one of the largest banks Renaissance advise to begin to find out the conditions on which the contract was signed. The credit organization itself, that is, Renaissance Bank cannot be an insurer.
The right to sign the insurance contract has a borrower and an insurance company. The document must have several conditions:
- the price of services must be prescribed;
- the procedure for payment of contributions (they can be made once or monthly);
- sometimes it is prescribed that all payments are mandatory both in cases or loan.
Although employees bank Tinkoff When receiving a loan and say that it is possible to refuse insurance and return funds at any time, but in real conditions all this is done with great difficulty. Often borrowers have to go to court to return their money.
We give a small example. A resident of Moscow took in Sberbank. After a while, he, after paying the entire loan amount, appealed to Sberbank with a statement to return money for insurance.
It was about 15 thousand rubles. In Sberbank, they did not want to solve this issue, and then the borrower appealed to the regional union of consumers.
There, they together amounted to the statement of claim in the court, which began to face the man. After that, Sberbank returned him not only all the money for insurance, but also paid moral compensation.
Tip! To everyone who faced the difficulties in returning their funds will help the branches of the Union of Consumers. In practice, this organization is quite effectively solving issues on all statements of citizens and can give legal advice.
Options for returning insurance payments
There are 3 options for developing events during the return of insurance:
- Refusal to return funds. This option is the most frequent, because banks refuse to get the majority of the funds applied for the return. After all, the contract is deliberately printed with small fonts. There also contains data that the insurance company will be released from returning funds, protecting the borrower when using a loan. To get your funds, you need to immediately contact the services of lawyers, because personally it is very difficult to achieve the desired one.
- Partial refund. This is real in cases where more than six months have passed since the agreement. The insurance company will insist that the main amount of money was spent on administrative costs. If the amount is large, then you can send a request for printing of incurred costs. It will give the opportunity to get the receipt of almost the entire amount. Usually, with this option, do not avoid appeals in judicial authorities.
- Full refund. This result is possible when the loan has been paid within one or two months after its preparation. In this case, after that, you can not apply to the judicial authorities, since the insurance company does not have arguments about how they "could" spend some of your money.
Appeal for the return of funds
First of all, you will need to write a statement in order to contact a financial institution with a request to return to the loan insurance (including software).
Application form (Claims):
The bank itself can set the response time to customer requests (on average, about 30 days), after which it will give an answer (the money will be listed on the specified account).
In the same case, when the Bank refused to return funds, nothing remains, except to apply to the court.
Form of the statement:
The court will consider your application and will decide that satisfy partially or fully the claimant's requirements.
Decision on payment or refusal to pay
A financial institution for no more than one month from the date of receipt from the borrower of a loan repayment, considers the issue of paying insurance for a loan or refusal. However, it may delay the decision-making in case of particularly difficult circumstances or when circumstances require additional checks, and also if:
- The new circumstances of this case are not fully clarified or appeared;
- The credit institution denies the implementation of the loan agreement;
- In connection with the criminal offense or preparation of the Protocol on administrative offense or the presentation of the claim in the order of economic, civil or administrative proceedings, or the entry into force of the decision of the Court (economic, administrative court).
Return of funds in early repayment
If the loan was repaid ahead of schedule, and the signed agreement is still valid, the borrower can return the remaining amount of money. When the loan was paid in advance, you can simply stop paying money, then the agreement will then close automatically.
In order not to be fined, it is necessary to revise the part of the agreement, where the obligations of the borrower are determined. First you need to write a statement and contact the insurance company. The statement also serves:
- passport (should not be);
- copy of the loan agreement;
- help from the credit organization about the full loan payment.
The application itself must be addressed to the director of the insurance organization. It is written on the early termination of the compiled contract and the return of the amount of money. Such early termination of the agreement is possible with such cases:
- termination of the organization of their work if the insurance policy covered all the risks associated with the management of this activity;
- the end of the action of the agreement;
- the death of the person on whom the insurance policy was compiled.
Return of credit insurance
Loan insurance - is it wasted money spent or financial protection against the vicissitudes of fate? Is it possible to return the money? You can, if approach competently and with knowledge of the case. The "I-Capitalist" portal will tell the most detailed as possible.
IN last years Increasingly, there are complaints about imposing insurance by banks when issuing a loan. Customers can be understood - this is an excess credit burden, but also financial institutions want to protect themselves as much as possible. Who is right? And is it possible to make a refund of the loan insurance after repaying the loan?
Banks usually offer ready-made insurance packages. Often it is a common holding product. But you have the right to enter into insurance where you want and provide the bank ready for the insurance policy. Of course, no one will be returned.
Is the bank's requirement justified to issue insurance at mandatory? Not! You have the right to refuse. But in this case other difficulties may arise:
- you will refuse a loan. The bank has the right to do this without an explanation of the reasons. Like - try to contact another compartment or to another bank;
- you will increase the percentage of the loan. Indeed, in the conditions of many banks it is openly written that if it is refusing to design, the rate increases by 0.5-5% per annum. The extension is to pay or look for conditions loyal;
- banks are chitryat and indicate the insurance amount as a percentage of registration, and it is not refundable. There is no credit in such a bank.
It should be noted that in many banks there are checked instructions. For example, in Sberbank, a specialist receives an increase in salary, only when making a loan with insurance. Make conclusions yourself. But repeat again - registration financial protection Partly in your interests.
The above information does not apply to the design of mortgage loans - in this case, the registration of the insurance of the object of pledge must.
Return of insurance. Is it possible?
Really. But some conditions must be respected.
- The ability to return is written in documented in the contract or under the conditions of registration. Otherwise, even in court it will be difficult for you to prove anything.
- From 01.06.2016 Returns the full amount of insurance can be issued in 5 days from the date of registration of the contract. If at this point did not come an insured event.
- Return a part of the funds can be overwhelmed after all credit or its share.
- Lack of overdue debt.
Return Procedure
Contact the bank where the loan and insurance are issued. You will need to apply. In addition to the application, you need to provide documents:
- passport;
- credit agreement;
- insurance contract;
- original payment receipt insurance fee.
Naturally, at the time of returning insurance, you should not be an endorse. Otherwise, the bank will not even talk about return.
In the application you must specify the account number, to enumerate funds.
Terms of consideration of the application
When making a consumer credit with insurance, you can return its cost after receiving the loan. Each bank establishes its return time. Specify this time from the employee. If he refuses to talk about it, call Hot line bank. You must advise you.
Consideration of the statement by law is made approximately for 30 days, but in practice it happens much faster. If after 4 weeks the funds will not come to the account and the bank will not inform you about the result, then you will have to contact the office for clarifications.
To prove your rightness, also look for information on the bank's website. Credit organisation It does not advertise, but according to the law it is necessary. On the page, it is usually located in additional documents below or on the side. For example, Sberbank is located in the "Insurance of yourself and property" tab - "Insurance against accidents and diseases." On the right there will be a "useful to know" menu. Find PDF files to download. Usually they do not pay attention, but there you can find a lot of interesting things. This is what is written in the "conditions of participation in the Voluntary Life Insurance Program (DSH)."
How to write a statement?
You can write in random order, but better ask the employee a ready form. Subscribe to 2 copies. On one ask the Bank's employee to put mark on the reception. If you have been issued in one, then you demand a photocopy with a mark about the adoption of the original.
The statement necessarily needs to register the following items:
- face, whose name you write a statement. This is usually the head of the insurance company;
- surname, the name and patronymic of the applicant is completely;
- applicant passport data;
- applicant's address;
- contact number;
- the number of the insurance contract;
- credit agreement number;
- date of conclusion;
- the amount of insurance premium;
- account for transferring a refund;
- date of registration of the statement;
- signature applicant with decoding.
Approximate text of the application
Please return the insurance premium paid by me in the amount of 12,345 (twelve thousand three hundred forty-five rubles) when issuing a contract of voluntary life insurance and health No. 5678 of 01.02.2016. Means I ask to list №42111.810.08822.1234567 in the N-SK branch of the bank.
So, we found out that even if the bank requires registration of financial protection, its cost can be returned after receiving the loan. Banks do not want to warn their customers about such an opportunity. After all, this is their income. If you decide to return money for insurance - be patient. The bureaucracy has not yet canceled. Good luck!
As after paying the loan, return the insurance to everyone good day! The other day I got into a ridiculous accident, which is why dents remained on the doors of my car.
Although the color and silver, the defect is still pretty noticeable, so I had to take a car to repair.
To work, respectively, I had to ride on public transport, where he witnessed a conversation between two passengers.
It was about returning insurance after paying a loan. Ride for a long time, so joined the conversation. He said that he was quite real. Do not believe? Look for an answer in the article.
A few years ago, almost all banks introduced a new commitment for borrowers in the form of insurance of property, life and health. Now, when issuing a loan or loan to clients, the Bank has to sign an insurance contract and make additional funds.
However, not in all cases, forced insurance is a legitimate operation. And, knowing your rights, you can return the loan insurance.
According to the law "On Insurance of Deposit individuals In the banks of the Russian Federation, "in the process of issuing a loan, banks cannot claim their lives and health from borrowers. But most of the financial and credit institutions use ignorance laws and rights for their benefit.
As a rule, many customers thoroughly deduct the terms of credit contracts and agree to the registration of insurance, considering it a prerequisite for lending. But even after signing insurance, the borrower has the right to refuse her.
A warning!
To return the money paid for insurance, the borrower must write an appropriate application and attribute it to the bank or insurance company. If his request is rejected, it is necessary to go to court and in Rospotrebnadzor with a statement of claim. But the costs of all court costs will have to pay the borrower.
But before you demand a refund, you should carefully examine the loan agreement. If it states that the return of insurance for a loan in case of early termination is impossible, it means that the court will reject a lawsuit, since in this case the bank does not violate the Rights of the borrower.
However, if you look at insurance on the other side, it is enough factive way Attachments and the ability to return their funds in the event of an unexpected situation. If desired, the borrower may not break relations with its insurance company, but in this case, after completion of credit obligations, it is necessary to re-inform the contract in such a way that the borrower or his relatives becomes the beneficiary instead of the bank.
Return of insurance in case of early repayment of car loans and mortgages
Real estate and car insurance is a prerequisite for making a mortgage or credit for the purchase of cars. Thus, the bank protects itself from possible risks, because the purchased property or car is often mortgaged property.
Attention!
However, if the loan is repaid early, and the insurance is still valid, the borrower has the right to return the balance of funds. To do this, write a statement and contact the insurance company.
Sometimes the borrower must regularly make payment for insurance. If the loan is repaid ahead of schedule, you can simply stop paying a fee for insurance and then it will be automatically closed. To avoid possible accruals of penalties or fines, it is necessary to revise the part of the contract in which the client's obligations are prescribed.
source: http://bs-life.ru/
Extinguished a loan ahead of schedule - Vernel Loan Insurance
In fact, and I immediately want to warn you, this topic is quite controversial. And not always the borrower who paid the insurance of his loan may require this money back.
Yes, of course, he may try to challenge the condition of insurance in a loan agreement (if he joined the collective agreement of voluntary insurance) or to recognize an invalid insurance contract (concluded between him and an insurance company), which were imposed by the Bank.
But is there a chance to return your money from the borrower, who did not challenge the insurance, but simply repaid a loan ahead of time? Here we will talk about this with you today.
So, the conditions of our task: the borrower issued a loan and agreed to insurance. At the same time, insurance was paid fully at the expense of credit money. And so, about a miracle, the borrower repulses a loan ahead of schedule. It is perfectly! Banks love such borrowers. But what to do with the insurance contract? On the one hand, he continues to act, on the other hand, the need for it disappeared.
Remember the first! In such a situation, do not rush to terminate the contract! If you write to the insurance company similar statementShe, of course, will cease to force the contract, but the money will not return to you.
Justification: If the insurance contract provides that in case of early termination of the insurance contract, the Insurer (Insurance Company) returns the policyholder (borrower) the balance of unused insurance remuneration, which means money remains in the insurance company.
If such an opportunity in the contract is envisaged, the insurance company is obliged to recalculate the amount you entered for insurance ( total amount - The period of time when the insurance contract acted), and return the rest.
Remember the second! Before taking any actions to return their money for insurance, carefully examine the insurance contract and the insurance rules developed by your insurance company. If you did not give such rules, you can find them on the Internet.
What should you see in the rules and contract? First, the grounds for termination of the insurance contract, secondly, the ability to return part of its money in the case of early termination Insurance contract. These items must be.
And now about the ambiguity of this topic. By and large, as I said, the key to your success develops from two criteria:
- You watched a loan ahead of schedule;
- The rules of insurance of your company contains an item according to which, in case of termination of the insurance contract due to early repayment of the loan, the insurance company is obliged to return to you the balance of the insurance premium minus the amount used (that is, your amount is minus the term of the insurance contract before the date of its termination ).
In most cases, when such an item is in the insurance rules, the Insurance Company pays the borrower to the amount due to it. But what if the insurance did not return the money?
And here it lies, in my opinion, the main disputed moment. Arbitrage practice According to such cases, extremely scarce and contradictory. But I found one of the few options for you, which can shoot your favor.
Now I will tell you theoretical calculations, and you can either simply take them note, or try with their help to restore justice in court. At the end of the article, according to tradition, I will give everyone a chocolate, that is, a sample of the necessary claim.
Attention!
Like all other things related to the protection of consumer rights, these are also not subject to state duty, and are considered in court at the place of residence of the consumer, that is, the borrower. In other words, by contacting a similar lawsuit, you won't lose anything, but you can completely buy.
So, according to paragraph 1 of Article 958 of the Civil Code of the Russian Federation, the insurance contract is terminated before the occurrence of the period for which it was concluded, if after it took into force the possibility of the insured event, the existence of insurance risk stopped in circumstances other than the insured event. And this is just the case of early repayment of the loan. In other words, extinguishing a loan ahead of schedule, you create a condition for termination and insurance contract.
And this is what the law says about the insurance premium (your fee for insurance). According to paragraph 3 of the same article 958 of the Civil Code of the Russian Federation, with the early termination of the insurance contract in the circumstances specified in paragraph 1, the Insurer has the right to part of the insurance premium in proportion to the time during which insurance was operating. That is, the insurance company has the right to leave himself a part of the insurance premium, and the rest of the money should return to the policyholder, that is, the borrower.
Vernel of the loan insurance In addition, the law is also expressed in favor of this position. Russian Federation "On the organization of insurance affairs in the Russian Federation."
According to paragraph 7 of Article 10 of the Law, when terminating the life insurance contract, providing for the progress of the insured person to a certain age or the deadline or the occurrence of a different event, the insured is the amount within the insurance reserve formed in the prescribed manner for the day of the insurance contract.
The policyholder is a borrower, respectively, he has the right to receive the remnant of unused money.
And finally, already indirectly, this position confirms the letter of the Ministry of Finance of the Russian Federation of 08.05.2013 No. 03-04-05 / 4-420. According to this letter, firstly, the insurance company is obliged to return the insured (borrower) part of the unspent amount of the insurance premium minus the term of the insurance contract, and, secondly, the insured (borrower) should not pay any taxes from this Sumy. In other words, the wind blows in favor of the borrower.
But, in all of this case there is one big but. All my calculations rest in the insurance rules that each individual insurance company differ. Therefore, before you try military actions against banks and insurance companies, familiarize yourself with these rules.
Tip!
Of course, you can try and brake with them in court. Of course, I do not encourage you to write packs for claims for any reason, but if you have something to lose, and if you think that you are ready to fight, do it.
And now about my draft statement about the return of the insurance premium in the event of early repayment of the loan.
What is the statement of claim: first, on Article 958 of the Civil Code of the Russian Federation, above I already led it, and we are talking about the basis of termination of the insurance contract, namely, when the possibility of an insurance case and the existence of insurance risk has disappeared according to the circumstances Other than an insured event. It suits us.
Secondly, I used Article 32 of the Law of the Russian Federation "On the Protection of Consumer Rights", according to which the consumer has the right to refuse to fulfill the contract on the performance of work (provision of services) at any time, subject to payment by the Contractor of the actually incurred costs related to the execution of obligations under This contract.
And, thirdly, this is the form:
Your obligations under the loan agreement No. ________ from ________ g. I performed 00.00.0000. Consequently, the existence of insurance risk has ceased, since according to the terms of the insurance contract, in the event of an insured event, the insurance company was supposed to pay the debt of the borrower to the bank. And in this case, since the loan is repaid early, the insured amount is zero. So the defendant is obliged to return me monetary sum Under the insurance contract in the amount of ____________ rubles.
Here, in general terms and that's it. Before applying for a statement of claim, do not forget to send an application for the return of the unused insurance premium in connection with the early repayment of the loan, and then a pre-trial claim.
source: http://www.rostovjurist.ru/
Return of insurance after paying loan
Are you interested in order and the possibility of returning insurance after paying a loan? We will consider in detail from the situation in which the cash refund is possible, we will tell about some features of obtaining compensation when lending to Sberbank of Russia, VTB 24 bank, etc.
A warning!
Almost all banking organizations that implement various customers for their customers. credit programssuggest them to insure mortgaged property (if available), and in some cases - the life of the borrower and the source of its income.
It is done to secure cash, issued by the client, most often this happens when the large loan is issued in the amount of from 70-100 thousand rubles and higher.
Please note that if we are talking about a consumer loan, then you have the right to decide - you need insurance or not, it is spelled out in the Civil Code of the Russian Federation in the relevant law. However, if we are talking about mortgage or car loans, then the insurance of the subject of security is mandatory.
In the event that when you design an agreement, they offer insurance service, you need to carefully read all the items of the Treaty concerning this offer. There must be spelled out - whether you are the right to return the part of the insurance payment in the event that the loan has extended early.
Each company constitutes his own contract, it is impossible to know its conditions in advance. There are features of the Home Credit Bank, Sovcombank and other organizations. Some banks go for tricks.
For example, in the VTB Bank in the contract, it is stipulated in the impossibility of returning the balance of the insurance premium in the event that the Client has repaid its obligations prematurely on its own initiative. In the Sberbank of Russia, you can get a refund only if paying off the loan prematurely according to an additional agreement with the bank in the form of a new payment schedule.
- Thus, the first thing you need to do is carefully examine your contract and find out whether it is possible to return insurance. If you are not clear to you - be sure to ask all the questions you are interested in to a bank specialist.
- If the paper is written about the possibility of returning the funds, we congratulate you - with early repayment you will receive a part of the money for the time when you did not use the insurance service. If it is written there that there is no such possibility - alas, nothing can be done, because The contract is signed and recognized as valid.
- Next, you appeal to the separation of your bank and write an application for early repayment. In parallel with this, you get the details of your account;
- After that, you need to contact the Department of the Insurance Company with which you have concluded a contract, and write a statement that you want to return the funds paid for insurance. The application must necessarily indicate passport data, your contacts, the name of the bank, the number of the contract and the details of your account, where the cash is needed. Application compile and assure in two copies!
Next you can only wait for an insurance company's answer. If you refuse to return insurance after early paying loan, then you can always contact the courts to solve this issue and to defend your rights.
source: http://kredist.ru/
How to return insurance in case of early repayment of the loan?
Quite often we repay the loan ahead of schedule. And insurance remains at the bank or in the insurance. How to return it right - in our article.
Life insurance and borrower health
How to return insurance in conditions modern market lending, get a loan without insurance of the loan itself, as well as the life and health of the borrower, is almost impossible. After analyzing consumer reviews credit products, It can be concluded that insurance is actually imposed by banks.
The bulk of bank borrowers does not know that the law prohibits creditors to require compulsory life insurance and the health of the borrower. The credit expert (manager) of the Bank, when signing a loan agreement with a borrower, must explain the latter that the service life and health service is exclusively voluntary, and in no case affects a positive decision on the issuance of a loan.
The usefulness of this type of insurance is very controversial. This is the case when the borrower is required to thoroughly analyze all the risks and take a weighted solution.
Attention!
Item First Article 421 Civil Code Of the Russian Federation reads: Citizens and legal entities FREE in concluding the contract. The coherence to the conclusion of the contract is not allowed, with the exception of cases when the obligation to conclude an agreement is provided for by this Code, law or contract.
In interest to us (credit) relations, the law establishes only one case of compulsory insurance between the borrower and the lender. This is the insurance of the property of the property by the mortgager (Article 31 of the Law of the Russian Federation of July 16, 1998 No. 102-FZ "On Mortgage (Pledge of Real Estate")
If the insurance contract has already been signed, the amounts of insurance are regularly paid together with loan payments, or written off at the same time with the loan amount when receiving funds from the lender, a logical question arises. How to recalculate the amount of insurance remuneration or return the insurance premiums already paid at early repayment of the loan.
Return of insurance in early repayment of the loan
Step 1. Apply to the Bank. Pre-trial settlement spore.
It is necessary to contact a statement (claim) on the recalculation of insurance payments or the return of the insurance premiums, due to early repayment of the loan. You need to contact a bank (or insurance company), depending on where insurance was issued.
The application must be written in two copies. Insist that the bank's employee register your application and put the appropriate mark on your instance.
If the Bank is geographically deleted, send by mail by mail, by registered letter with notification and investment describing. In a statement, be sure to specify the period during which you expect a decision to make a decision on this issue.
Require a written response to your statement. Without waiting for the bank's response to your claim, order an extract for facial account. From this document will be visible, what amounts for which insurances you were paid. Bank refused? Do not despair!
Step 2. Appeal to controlling instances.
In our case, the organization of the Bank's controlling activities is the authority of Rospotrebnadzor. The circuit of the appeal is similar to contacting the bank. An application to the regulatory instance must be applied to the bank, the bank's answer (if any), the postal notification of the address of the addressing of your application, an inventory of investment in a letter to the bank.
Step 3. Appeal to the court.
The court can also address and bypassing the bodies of Rospotrebnadzor, but the borrower must be ready for the fact that litigation May last not one month. Claims with the sum of the claim to 50,000 rubles considers the world court. To appeal to the court you will need the following package of documents:
- Statement of claim
- Credit contract
- Agreement on insurance
- Payment documents confirming early loan payment
- Calculation of the amount of the claim
- Statement in Bank
- Postal notice about the delivery of your application
- Inventian investment in letter bank
- Bank answer (if available)
Pay attention to the correctness of the calculation of the amount of the claim. The amount of reimbursement of insurance premiums may be noticeably less than the amount legal costs. Of course you can lawsuage To ask the court to recover court costs from the bank (insurer), but it is impossible to be confident one hundred percent that this requirement will be satisfied.
Remember that the term of limitation According to the legislation of the Russian Federation, it is three years. This applies to the recovery of all payments paid on illegal insurance, not loosening the loan or not.
Mortgage and car loan
As we mentioned above, insurance in these cases is required. Moreover, when the insured event occurs, the beneficiary is a bank, not a borrower. If the loan is fully paid, you have the right to declare a bank (insurer) on the termination of the insurance contract, since after the full payment of the loan property goes into your property and is no longer a mortgage.
Tip!
The Insurer is obliged to return the balance of funds by recalculating the insurance remuneration in accordance with the terms of insurance. If the insurance premiums paid by you monthly, you can stop paying them.
Termination of the contract, as a rule, occurs automatically. Before you go to this step, carefully read the insurance contract. It can be prescribed by points that provide for penalties and penalties for such actions.
source: http://hcpeople.ru/
Igor Designed consumer credit For repairs at home by 120 thousand rubles. Pretty substantial amount in the loan overpayment occupy life insurance and health payments. Igor managed to repay Credit Igor, it was much previously indicated in the term of the term - not for two years, and for seven months. Does he have the opportunity to return the insurance fee for the remaining time, experts tell.
Word to experts:
How to return money for imposed insurance in this case, if Igor insured for the entire loan period immediately, according to the law, he will be able to terminate the insurance contract and rely on compensation. Insurance upon receipt of cash loan is voluntary.
The presence or absence of insurance does not affect the parameters of the loan agreement. When issuing a loan or at any time of the loan agreement, the client has the right to connect insurance or abandon her own.
In addition, in a number of banks there is the possibility of life insurance and health for the amount of loan not for the entire loan period, but monthly. And if the client exits the loan ahead of time, it automatically ceases to be insured and ceases to pay for insurance.
A warning!
Opportunities to return the insurance fee for the remaining time Igor is not. However, if during the term of the insurance contract with it, an insured event would have occurred, regardless of the fact that the loan was already paid, the customer will be reimbursed by the payment in full.
In the case of the insurance of life and health of the borrower, the Bank simply acts as an agent for the sale of this service. With all questions regarding insurance, borrowers should be handled directly into the insurance company. But whether the borrower will issue or not - on the decision of the bank about the issuance of the loan, this does not affect.
In this case, most likely, a loan agreement concluded between the bank and the borrower, containing a condition for mandatory insurance of the life and health of the borrower. In this case, the loan amount was initially increased by the amount of the insurance premium.
The borrower returned the amount of the loan ahead of schedule and now I would like to return the "unused" insurance premium. However, the presentation of such a requirement for the Bank cannot be reasonable, since it will legally speech about returning the Bank in favor of the borrower of a part of the loan funds issued, which is not based on the provisions of the Law and gives the bank full law Refuse to the borrower.
The borrower will have to solve the issue with an insurance organization. The insured is entitled at any time to abandon the contract, but in this case the paid insurance premium can be returned to the appropriate part only if it is directly provided for by the contract.
Attempt to recover from the bank the entire amount of the insurance premium can be, however, this path is quite complicated. It is necessary to prove that the service of life insurance and health was imposed, the corresponding condition of the loan agreement is invalid, and the borrower carried damages in the form of a payment of an insurance organization.
I will add that the situation in which the bank, including the Credit Contract, the Conductive Personal Insurance, is actually not participating in the relationship between the borrower and the insurance company, is now very common.
The borrower independently insured, pays insurance premiums. In such a situation, the recognition of the conditions of the loan agreement on compulsory insurance will not help, since the borrower has an independent contract with the insurer, which will be valid in the absence of other special foundations.
As a rule, in most insurance companies, there is an opportunity to return the insurance fee for the remaining time. I recommend reading the insurance policy carefully or a contract when it is conclosed and pay attention to the presence or lack of an item on such a return.
You must take a document on the lack of debt on the loan, and, armed with this document and the insurance policy to contact the insurance company. Credit insurance products are quite varied.
Attention!
For example, a number of banks and insurance companies, there is a practice to appoint a second beneficiary on the policy (the most insured and members of his family) so that the insurance amount in the early repayment of the loan "passed" to the second beneficiary. In this case, the return of the insurance premium during early repayment of the loan does not occur.
If the return according to the contract should be carried out, then a part of the paid insurance premium is returned for an unused insurance period minus the expenses incurred by the insurance company. Naturally, the return amount will be the more, the less time it was held between the payment of the next insurance premium and the repayment of the loan, that is, the earlier loan was repaid.
Consumer loans for about eight years have been using consumer loans. I always agree to the design of life and health insurance. I do not regret at all that I am overpaying for this service an impressive amount. Everything can happen in life, and if something happens to me, then no one from my relatives will have to pay for my loan.
"Recently I took on credit a fridge for 13 thousand rubles, and in the bank I was imposed on the insurance policy, for which about three thousand rubles had to pay. The bank's specialist convinced me that without insurance, the bank would not approve consumer credit.
Later in the same bank, I made a loan on the camera on 8280 rubles and two thousand again had to overpay for life insurance. However, in two weeks from the newspaper, I learned that it was not required condition When receiving a loan. Immediately appealed to the bank and demanded to return money for the insurance of life on both loans. After I wrote ten complaints, I still returned the funds. "
