Return insurance when repaying the loan. Return of the Insurance Prize in the early repayment of the loan

The loan issuance is almost always a risky enterprise for both banks and borrowers. In this regard, many banking organizations in the issuance of a loan agreement sell insurance products to 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 begin to refer to the fact that the agreement was concluded by the insurance company, and not 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, terminating the insurance contract until the loan repayment 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, when early repayment Borrowers may require the bank to return the money that were 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 the paid funds when full repayment 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 bank employees that they sign credit contract And at the same time 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 leaning 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 a 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.

Greetings! Alas, but this week began with the opposition to the transformations of fate. In the evening, on Monday, stuck before the outdoor door of my own apartment - in the castle something and something was bored, and I could not open it on your own. Fortunately, did not put the business card from the opening of the door from the purse. Communicated to the master did not interfere with me to fulfill my duties, so we talked, tamo, among other things, the subject of lending.

The master recently accounted for loan obligations. But nobody informed him that the cost of insurance on a loan is possible to recoup, issued its return.

Loan money, almost all banks politely and extremely persistently offer to the client to insure life. It is almost unreal from the additional service, because because of this, the chance to lend money in this bank is zero. Not in favor of the borrower has also developed conditions for early loan. But the client still can count on a partial refund of funds paid for insurance.

To see from paying insurance fee Customers who decided to pay off the loan ahead of time, banks and loan societies are guided by Art. 958 of the Civil Code of the Russian Federation, paragraph 3. Following her, the Bank is in the right not to pay on the insurance premium with the persons who paid the loan earlier than was planned if there was no special paragraph into the contract.

In fact, it looks like a refusal to pay accruals with the insurance premium for the period from the date of repayment and before the final payment.

Thus, most of the lenders, calculated with the borrower of the previously agreed period, the return of funds are not produced.

What to do?

Contact B. insurance company To submit an application for a desire to stop participation in the insurance program. Do not forget to grab documents confirming the repayment of the loan.

Often, banks advertise that they do not force those who want to receive a loan for insurance of their own life and resort to such an extent with customers who intend to take a mortgage or purchase cars.

The law states that the client is entitled to terminate the insurance contract even after receiving visible money.

Having received a loan, one of the days of the next month, visit the creditor bank and submit a refusal statement. There are no specific rules for this, so the content of the text is at its discretion.

Asked later, the insurance premium can also be obtained, but its size will be less due to the deduction of different amounts for banking services.

The final amount of returned tools is calculated taking into account the amount of time remaining until the end of the insurance contract.

Really return funds on credit insurance?

Holding to get a loan, the borrower coincides with the registration of insurance.

The subject of such a contract becomes life and health, mortgage property. When making a mortgage, sign the title insurance contract. The Bank initiates this procedure, striving to protect itself from damages in case of problems with the return of the loan.

Insurance is used as a tool impact on the borrower in order to stimulate it on the return of money borrowed to the bank. It turns out that insurance is needed only until the bank has received a borrowed amount and interest for the service from the borrower.

But the client who returned the debt ahead of schedule, faces the failure of the insurance organization to terminate insurance and return part of the award.

As the reason for refunds in the return of funds, the Company indicates the lack of communication between the Credit Treaty and the Insurance Treaty. Therefore, repayment of the loan, according to insurance, does not affect the mechanism of returning insurance.

If you formally interpret the specified article, then everything is legally. According to the terms of ch. 23 GK RF Insurance does not consider the way to provide obligations.

As an influencing tools, apply: Invitation of the guarantor, the introduction of the terms of payment of the penalty, the deposit, bank guarantee, deposit, deduction.

Therefore, items mentioned in ch. The 23 Civil Code of the Russian Federation as the obligations annulled by repayment of the loan do not have influence on the insurance contract.

Naturally, the client can adopt general rule Art. 958 of the Civil Code, but the consequence of this will be the loss of the amount from the unkought part of the award (provided that this item was separately specified in the contract)

But all of the above, I think, cannot prevent the borrower, to return part of the insurance premium when contacting the court to terminate the Credit Insurance Treaty.

The probability of winning the court is high due to the possibility of recognizing forced contracts for insurance of accession agreements.

In turn, the contract of accession is considered to be a contract, the conditions of which are made by one of the parties only on the basis of accession to the proposed contract

In the Civil Code of the Russian Federation there is article 428. From the second paragraph described in its second paragraph, it follows that the contract is possible to terminate according to the application of one of the parties if it is:

signed the legal act due to the conditions that are not contrary to the law, but depriving it with the opportunity to do differently;
only brings responsibility for violation of obligations, and the opponent who forced to sign the contract bears either limited liability, or fleeing it at all;
i went to the voiced obviously burdensive conditions, guided by your interest, but would not agree on them if it could participate in the definition of the framework of the terms of the contract.

Contact the court with a claim, relying on Article 428 p. 2 of the Civil Code of the Russian Federation, the client is preferable because it receives the right to claim the remnants of the premium for the unused period.

Typically, the next format for registration of the insurance contract with the borrower is practiced: the client signs the standard form, where the rules for the provision of insurance services are listed, and at the same time not able to influence the terms of the contract. When expressing some protests of the client put before the fact: or the borrower accepts the conditions and puts the signature in the contract or it loses the opportunity to receive a loan.

At the beginning of last year, corrections in the Civil Code of the Russian Federation were designed, in particular to the provisions of Art. 428.

Due to this, it has undergone amendment clause 3 and the conditions of paragraph 2 of Art. The 428 Civil Code of the Russian Federation became possible to apply when considering contracts that cannot be classified as an accession contract. This amendment allows you to consider the prescriptions of paragraph 2 of Art. 428 of the Civil Code of the Russian Federation to the terms of contract insurance contracts, health care, insurance contracts indicated as a laid property. It turns out that now when paying the bank of the whole half-altered loan amount, the borrower is entitled to make adjustments to insurance or even terminate it with the condition mandatory payout The company unused part of the award.

How to get insurance if you closed a loan ahead of schedule?

Who at least once occupied money in the bank, knows that insurance gets a bank or insurance. If you do not like a similar outcome, getting together the algorithm to object to the borrower.

All banks issue funds to borrowers, subject to insurance not only borrowed funds, but also lives, the health of the client. It turns out that the insurance users of loans are not voluntarily resorted, and forced. And no one informs them that legislation prohibits creditors to be categorical in this matter. In other words, the bank has no right to refuse a loan only on the basis of the client's unwillingness to make insurance and health insurance. At the same time, the bank manager is obliged to inform customers paying for a loan that all parallel to the proposed types of insurance are drawn up at the request of potential borrowers. But in no way under pressure from the side of the money, and the refusal of insurance should not influence the verdict on the decision to issue or not to issue a loan.

D.for familiarization: in paragraph 1 of Art. The 421 Civil Code of the Russian Federation is spelled out that persons (both physical and legal) should not be subject to pressure when signing contracts. According to the law (Art. 31 of the Law of the Russian Federation of July 16, 1998 No. 102-FZ), the property is subject to mandatory insurance in the case of the mortgage.

The need for such insurance is controversial. In such conditions, the borrower is sometimes more profitable to refuse a loan than to decide on a loan with the batteries.

How to recalculate the size of insurance entries or get back contributions for insurance, if you carefully calculate on the loan, and the transaction of insurance payments was carried out monthly or the funds were paid at a time of the loan?

Step-by-step instruction

The right to return the insurance for the closed advance loan, clients whose contract with insurers was still valid at the time of closing the loan.

If in a contract with the organization or company that has tried money by the organization or company insuring this transaction, it is written that the client will not receive an unused part of the insurance when calculating the loan to the number specified in the contract, then it is not worth counting on the return of insurance payments. Since organizations honestly warned about the consequences of early fulfillment of loan obligations.

We put the institution knowing and try to resolve the dispute without trial.

We go to the institution where the insurance contract wrote.

We write a claim (perhaps in "Your" case, the document will be referred to as a statement) with the requirement of recalculation and return the resulting part of the insurance premiums, since you have closed the loan before planned. We make a copy of the document, after turning to the operator and demand registration with a mandatory note on a letter that leave yourself

When finding a facility in another city, a claim or application, send by registered mail by mail.

Nuances of registration of such a document:

the letter must be with a mandatory receipt notice;
be sure to make an inventory invested papers;
in the letter, write the requirement in writing to notify the decision of the Bank or insurance;
specify the date to what date you expect to receive an answer.

While waiting for the answer, get an extract for facial account. It will indicate all the receipts of money from you to the bank or insurance.

2. We bring a controlling instance.

By visiting Rospotrebnadzor, we act according to the following algorithm:

we write a statement, indicating the transfer of the bank or insurance claims to the Bank or insurance claims;
i attach an answer to the letter (if you have already received);
we make an inventory of documents transferred or sent to the bank;
apply Postal notice confirming that the bank received a letter.

3. Reward in court

This item can begin, eliminating the appeal to Rospotrebnadzor.

Deciding on this step, consider that:

litigation can last several months;
claims for an amount less than 50 thousand rubles. The world court is engaged;
rates for court services may be large sum Payment of returned insurance (you can insist on payment of the court services by your defendant, but who will pay on this account, will solve the court).

Before turning to court, make sure that the package has prepared, including:

Statement of claim;
Lending agreement;
Insurance contract;
Receipts and other official papers confirming the fulfillment of your credit obligations;
Calculation of complaints;
Application to the bank;
Document notification about the presentation of the bank of the letter from you;
List of documents sent to the respondent (inventory);
When answering from the institution, attach a copy of the letter and the original.

Do not forget about the period of limitation. For the recovery of payments translated due to illegally decorated insurance, the legislation of the Russian Federation holds 3 years. The status of the loan (repaid or not) is not taken into account.

Consultation on insurance during lending period in video:

Car loan and mortgage

Making a car loan, mortgage, without insurance, and even in favor of the bank, can not do. But extinguishing a loan, the client is entitled to terminate insurance, because it becomes the only owner of the collateral.

The balance of funds The Insurer is obliged to pay, conducting recalculation of remuneration on its own.

In theory, the termination of insurance should have an automatic character. But if there is no word in a contract, and payments you did monthly, then stopping the accruals, you can be accused of delay and get penalties and penalties.

Consumer loan and insurance

Under the Law of the Russian Federation, banks should not force borrowers to accommodate insurance Polisa.. But are you all who wishes to take a loan know about it? What and enjoy financial and credit companies.

Often customers superficially view the terms of the loan contracts and sign documents, thinking that everything written is necessary for execution. But even when signing insurance, you can "pass back" by issuing a refusal statement at the bank or insurance company.

Failure to satisfy the claim, the reason to contact Rospotrebnadzor to file a claim. By choosing such a strategy you need to be ready to pay for legal costs - therefore, first make sure that the rapid litigation will not be at a loss.

Is it always an evil insurance? No, because unforeseen incident cases occur periodically with borrowers and the presence of an insurance contract makes it possible to get a good help.

Borrowers have the right to reissue insurance conditions after graduating loan payments - just need to change the beneficiary data that you can make the payer or someone from his loved ones.

Before initiating the process with claims to officials, once again thoroughly examine the conditions of their loan agreement. If the paper states that the return of insurance or its parts in case of early payment of the loan is impossible, it is meaningless of the litigation. The court will take the side of your defendant.

Obtaining insurance in the early closure of the car loan, mortgages

The loan for the purchase of a car or mortgage design can only be obtained by passing the real estate insurance procedure. This is a way to protect bank interests, because the property purchased on the money issued is drawn up as a deposit.

When the term of insurance is not over, and the loan is paid ahead of time, borrowers can count on the refund of the balance of funds. They must be paid after submitting the appropriate application to insurers.

If, under the terms of the contract, the borrower conducted regular contributions, then having paid with the creditor better not to independently terminate the calculation with the insurer, but to put the latter informant about the fulfillment of all obligations on the loan. This is necessary to eliminate the emergence of fines for the delay in payment and new expenses.

Return insurance for a loan from Sberbank

Borrowers, applying for an insurance premium, within 30 days from the date of signing a loan agreement, the amount of insurance for insurance is returned completely.

If the claim with a refund claim is carried out later than a month from the date of registration, the credit is paid as part of the insurance.

With a statement to the reassembly of insurance, please contact Sberbank. When submitting the requirement you need to present a passport.

The adopted and registered statement is under consideration for about a month. When satisfying the claim, relying funds are transferred to a client map or a personal account.

If you refuse to issue funds from insurance, you can try to compete for your money by contacting the court. Return of credit insurance in other federation banks is similar.

Return of insurance in Home Credit Bank

Loan balance is required. Without consent this operation It is impossible to receive a decent amount from the financial institution.

Once, taking a loan in a bank, be prepared for periodic educational operations by bank operators, which will actively offer you new insurance products.

Depending on the type of contract, insurance will concern the health, life, property of the borrower. Some insurance facilities can offer insurance against unexpected workplace loss.

When repaying credit obligations to the day appointed by the Bank, borrowers want to return insurance. However, good luck ends not every claim to the bank over the return of insurance. After all, insurance overseas overseas overseas, and a third-party company who does not want to lose its way of earnings.

The need for insurance

Banks most often have money on consumer needs, To design a mortgage or car loan. In each case, the insurance program will have their differences.

Insurance when making mortgage health, life, the presence of a workplace is not necessary.

For example, the investors of the mortgage do not avoid insurance:

property pledge in the form of real estate (spending their own money);
Casco (find out whether the bank offers to insure cars on complete value acquisitions or it is possible to arrange insurance on the size of the missing amount);

Choosing an insurance company Ensure that it will not impose additional insurance products. Otherwise, when making a contract, you will receive additional articles of substantive expenditure.

After making insurance together with the receipt of a loan, which you subsequently paid ahead of schedule, I want to know how to get the percentage or amount of insurance contributions back?

If the loan liabilities have fulfilled for the period smaller than a year, and the agreement was signed by a greater year for the period, it makes sense to contact the Bank to deduct part of insurance payments. In the home bank, the factor of the length of payments on the loan for consumer needs does not matter. When receiving an application from the client who wants to receive money on insurance back, managers will recommend contacting insurance.

Remember: The said company does not recalculate payment of insurance for customers, carefully calculated on loans.

In such a situation, it is very difficult to achieve a refund. A favorable outcome is possible only when the lawsuit win.

The nuances of the exposure of safety payments depend on the policy of the Bank who issued the loan. In Sberbank, for example, a factor affecting the decision to pay insurance is the duration of credit calculations.

Is it possible to return insurance before calculating the loan?

It is difficult to get insurance after the closure of the loan. And what to do customers who did not want to make insurance, but forced to agree to her because of the pressure provided by the bank?

It is no secret that many borrowers agree to insure because of the concern not to obtain the permission of the bank for issuing credit funds. After all, not all coming for money outlets on the terms of the loan know that the refusal of insurance is not a reason to refuse loan. People even discuss with managers a question of refusing insurance, fearing to get into the list of unreliable customers.

Bank employees can really affect the decision to issue a loan to contact customers. If the submitter application will seem suspicious to the manager, hear a negative statement against the bank, then in the issuance of a loan may be denied.

It is better to notify in such circumstances about the reluctance to pay safety contributions after receiving the body of the loan. Having taken money from the bank, after a few days, refer to the statement about the failure of insurance. Then you can count on the return of all insurance. If the claims will give a longer longer than a month, then payments will not see. Just make out everything officially. The decision simply does not pay insurance premiums will result in a significant amount of debt. The prosperous outcome of the "petition" about insurance sent no later than 30 days from the date of the loan is possible for Sberbank Customers, Home Credit Bank, Promsvyazbank.

Turning to the bank after a period of a larger month, you can return only a part of the insurance. If the quarter from the day the quarter passed the quarter, it is possible to calculate at least part of the payment from insurance premiums only ahead of charge .

The rhythm enemy payments for insurance are VTB 24 and Alfa-Bank, which are not hurrying to pay for borrowers' claims even after turning the latter to court.

On the transformations of the return of insurance after early repayment of the loan in the video:

If when making a loan, the body of insurance was paid at a time paid by the loan ahead of schedule, you can try less than the "bloody" method of returning at least part of the payments - claiming the amount for the period remaining until the end of the end of the insurance policy. It is required to visit the insurance company and provide a statement about the desire to obtain the remaining part of the insurance premium. In addition to writing decorated claim for payment, it will be necessary to have a passport, both treaties (credit and insurance). Be sure to make a copy of the claim with a note of registration.

By issuing a claim, specify:

data of your passport;
contract Accounts;
account details for sending an insurance amount (some companies require specifying the detailed numbers in a separate document).

In the application of the claim, there is nothing complicated - with the procedure easily cope with yourself. But if you are a busy person, you can repay the maintenance of a trustee.

If there is a refusal to return to pay for the period from the date of repayment of the loan until the end of the insurance contract, contact the court. But note that court cases carry costs - whether it is worth dealing with the payment of insurance, if the amount of remuneration will exceed the cost of payment for the court's services.

To resolve the issue, the Bank allocated a month. Without receiving the result, you can contact the court after this period.

In the absence of an additional contract with an insurance company, look for information on the terms of payment for insurance in a loan agreement. In this case, the claims on the return of insurance are present in the office of the bank.

Algorithm of action for payers of the monthly insurance premium.

Equal payments for insurance during the entire term of the loan are characteristic mortgage lendingShopping on credit secured and Casco.

Without finding information about penalties in the contract, it is possible to break the contract for the termination of insurance payments. But for calm it is better to officially break the contract with insurance.

Is it worth returning?

The service of lifestyle is very often offered by banks not only when issuing loans, but also with less serious appeals - when issuing a new credit card, changing the settlement card.

Without deciding or failure to abandon life insurance when they took a loan, you can use it for yourself when you decide to pay ahead of time borrowed obligations. This can be done by changing the beneficiary, indicating the full calculation on the loan as a basis.

Early accused of a loan - get insurance!

Suppose this situation. The borrower was forced to take insurance for credit funds. And the amount of payments on it was completely repayed to credit money. Then life circumstances have developed in such a way that the client has found the opportunity to repay the loan ahead of schedule.

What to do with the insurance contract, in which the need disappeared, and the term of the contract is not over:

Step 1. Do not break the contract immediately! Insurers will meet and rupture a contract when receiving appropriate notice on your part. But no one will return money to return if the contract is not written in the contract that the insurer is obliged to pay the rest with the client who closed the loan ahead of schedule. If there is such an item, you must return the balance of funds that have appeared thanks to the premature end of the credit period.

Step 2. Do not start the process on the return of insurance funds, without having examined each item of the insurance contract and the rules of the organization, which made this contract.

What should be in the contract:

Listing the grounds for termination of insurance.
Conditions for the return of the part of the funds to the Client, if he decides the early termination of the contract with insurance contracts.

If there is an item on the mechanism of returning funds for insurance remaining due to early deliverance from credit obligations, the company returns money by recalculation.

It pleases the fact that the state duty for such cases is not charged, and the consideration of consumer protection is conducted in the court of the area where the plaintiff lives.

Some insurers can delay payments. How to do in that case? Unfortunately, I own a small amount useful information According to lawsuits to insurance companies conducting frauds with insurance payments to customers, ahead of charge. But it is impossible to ignore even theoretical calculations if they help achieve victory in court against the insurance company.

Thus, deciding to protect your interests, you will not incur additional costs even losing the case. However, it is not necessary to think that the chances of winning the process is small. On the contrary, large enough.

The insurance contract is dissolved ahead of time, relying on the prescriptions of paragraph 1 of Art. 958 of the Civil Code of the Russian Federation: the contract that came into force is permissible to terminate if the probability of occurrence disappears insurance case According to the circumstances not described as an insured event. Early repayment of the loan is in this circumstance.

According to the legislation (more precisely, paragraph 3. 958 of the Civil Code of the Russian Federation), the borrower has the right to obtain a part of the insurance in proportion to the period during which the insurance contract has acted. In other words, the company part of the payment funds leaves itself, and part returns the insurance payer. In favor of the payer, the 7th item Art is interpreted. 10, containing information about the characteristics of life insurance with the condition of the harvesting of the insured borrower to a specific age or in advance of the specified date. According to the foregoing, on the day of termination of the contract, the insured returns the amount in the amount of insurance reserve on the day of the contract breaking. Therefore, any borrower has the right to count on paying funds that cannot be the accrued insurance company due to the termination of the contract with it.

What is said about this in a letter under No. 03-04-05 / 4-420 from the Ministry of Finance of the Russian Federation, published in 08.05.2013. Following the letter prescribed in this letter, credit organizations are obliged to return to the insured persons some percentage of unexplored insurance , pre-deduge the amount consistent with the term of insurance

What makes no less that is the lack of tax fees For an attempt to prove its rightness in confrontation with an unscrupulous insurance company.

However, everything prescribed in legal regulations will not be able to use the borrower in favor of the borrower if the rules indicating the payment of payments during the loan repayment of the loan in the insured contract. If there are such items in the contract, then after signing the borrower, such a document is considered (and so there is) that by scholarship you agree to the existing conditions. Therefore, carefully read all the papers to be signed! I did not bother to get acquainted in detail with each point of the contract before its assurance, correct the oversight after when deciding to pick up the insurance company from the insurance company. If the contract has items that allow the firm to pay you insurance deductions With the early closure of the loan, it will definitely use it. To enter into a duel with insurance under such conditions is unprofitable. You will waste a lot of time and be able to defeat if you find a very quiet lawyer who will be able to find a breech in the contract. But in some power, even the most prudial lawyers are unable to sue the desired percentage of the amount of insurance.

On the return of illegally imposed insurance on the loan, the representative of the Company's Rights Company is solved:

What items mention in the statement of claim:

Be sure to point out as a justification of Art. 958 of the Civil Code of the Russian Federation, which indicates the possibility of rupture of the insurance contract in the absence of the possibility of an insured event. What an important fact is that the contract break occurs in the circumstance not specified in the contract as an insured event.
32 tbsp. The Law of the Russian Federation standing on guarding consumer rights and resolving consumers to abandon the services that have become unnecessary to it (provided that you have reimbursed the Contractor all the expenses that have been necessary for the fulfillment of the obligations made).

As an additional argument, do not forget to attach the following format document:

In the body of the document, we register that all the obligations taken by you on the loan agreement with such a registration number have already been implemented by you on this date.
The fulfillment of obligations serves as a basis to terminate the insurance contract, since there is no possibility of an insured event. It does not testify about his not an offset that the insurance company did not have the need to fulfill their obligations to the Bank, in which the borrower (such) took a loan, so its obligations shall fully fulfill its obligations.
Considering the fact of repayment of the loan to a date defined in the loan agreement, today we have that insurance amount equal to zero. Based on this, I ask to oblige the defendant to return the amount in this amount.

Before serving of the statementFirst, notify about the desire to get a part of the insurance itself by the insurance company itself, indicating the early repayment of the loan, which she insured.

Deciding that the insurance company should have a certain amount to you, find out the amount of debt. If it will take some expenses to restore justice, make sure that they will be smaller than the desired part of the loan insurance. Otherwise, is it worth starting a litigation if it will not bring you the benefit even in case of winning the case?

No less attention is also the form of the contract signed with the insurance company. If in the document black in white it is written that the termination of the loan is not the basis for the payments of the remainder of the insurance, it means that you have no tool to influence insurers. If only do not prove that insurance contract has been signed by coercion by the official company. But the last argument will be useful only in the case when they made a loan, the issuance of which is possible without signing insurance. For the brave mortgage, car loan, this loophole will not work.

Good luck to you in the struggle for justice and do not make hasty steps when working with applied documents.

Meet each point of the contract, ask the council from specialists who trust.

It is better to postpone the signing of the contract and consult on the embarrassing question than recklessly climb into the financial loop.

Registration of the loan agreement implies financial risks First of all for the bank. To protect yourself from insolvent customers, banking organization Offers insure your credit. The purpose of the insurance company in this case is the closure of the customer's debt to the bank. The loan insurance service by law is voluntary. However, often the credit expert fighters potential customers in that without the appropriate insurance agreement, the chance of getting a loan is minimal or not possible. Sometimes the loan is enabled by default. The above-mentioned actions of the Bank are considered illegal. How to return the loan insurance received by coercion, and what is said in the law - we will see more in the article.

Indication of the Bank of Russia No. 3854-y "On the Minimum (Standard) requirements for the conditions and procedure for the implementation of individual species voluntary insurance"On November 20, 2015, regulates the refund of the loan insurance for five days in the event of a client's refusal from the Voluntary Insurance Agreement. Return of insurance occurs under the law within 10 days and money is transferred to the applicant. This is comparative new opportunity Appeared, after the changes submitted in June 1, 2016. In addition, insurance companies were allocated ninety days to bring their activities in line with the terms of the current decree from the Bank for newly signed voluntary insurance agreements.

Depending on the choice of an insurance company, its conditions begin to act either immediately after the conclusion of the contract, or after a certain period of time. If he began to act, the law defines a five-day period when the client has the right to write a written refusal of insurance. However, in this case, the insurance company holds a part of the money in proportion to the time.

there is mandatory species Registration of credit insurance established by law:

Casco;
real estate insurance.

In all other cases, insurance is voluntary and imposing the service forcibly the bank has no right.

By law, bank institutions have no right to refuse to the client in the return of the loan insurance, if the application for this procedure has been written in the last day. In addition, some banks in Russia suggest the cancellation of the contract and after 5 days to increase loyalty. It is not necessary to hope for a refund, if for the time the insurance has an insured case. In more detail, under what conditions the borrower has the ability to return its money, consider further.

Conditions for the return of money

The question of returning its money by the borrower today is relevant, since most often an additional loan insurance service is imposed by citizens. Starting from July 1, 2016, the adjustments are applied to the law and return cash The loan insurance has become real.

The first condition that the borrower must observe- From the moment of the conclusion of insurance on the loan, there should be no more than 5 days. In this period, the citizen has the right to apply to the bank about the return of funds. Another condition - During the time the insurance does not have an insured event. Some banks of Russia (Sberbank, VTB 24) to increase loyalty provide for a refund of funds for this service and after a 5-day term - for example within 30 days.

Despite the fact that the law applies on this issue, it will be difficult to return money. Without a trial, do not do. It will be necessary to prove that the loan insurance service was imposed on the bank managers and the consent was not voluntary.

Necessary money

The procedure for obtaining funds for credit insurance by the borrower refers to the submission of an application to the insurance company or to the bank within five days. It comes from the date of registration of the insurance policy. Count exclusively workers, not calendar days. According to the law, the following documents will be required when refusing insurance on the loan:

application for refusal;
duplicate agreement;
check confirming the payment of the insurance premium;
copy of passport data of the insured.

The packet of documents can be handled in a person or by registered mail. Within 10 days the answer will be received in this case. In practice, banking institutions delay the process of returning funds for credit insurance. Most often, funds are returned for 1 calendar month. In case of refusal to pay compensation, you can complain to the Central Bank or to the court.

Will the law be signed on the cancellation of credit insurance?

On the this moment Citizens of Russia are exempt from the auity to conclude "voluntary" insurance on the loan. The corresponding indication of the Bank of Russia No. 3854-y "On the Minimum (Standard) requirements for the conditions and procedure for the implementation of certain types of voluntary insurance" entered into force on June 1, 2016. The document applies to different kinds insurance - property, medical, financial risks, life and accidents, etc.

In connection with the adoption of the document, since the conclusion of the agreement, the insured has 5 days to write a statement on the return of funds. With the unaccepting an insured event, all money is subject to return. If the insurance began to act, the return of funds will be made with hold of some amount for the time she acted. Within 10 days the borrower will receive money in a convenient form for it - cash or non-cash.

The current document will allow the policyholders to protect their interests and get rid of imposing unnecessary additional services in the field of lending. Loan insurance is a completely voluntary decision of a citizen and the Bank will be held accountable for unlawful actions.

Insurance today accompanies almost all credit products. Formally, the client insures its risks associated with the insurance object. In fact, insurance serves as a kind of loan, and therefore, offering to conclude an insurance contract, the bank, in essence, suggests the client at his own expense to insure the risks of the bank, due to the inability or client refusal to fulfill its loan obligations. Today we will tell you how to return insurance after paying a loan.

Insurance is for all sides of the loan agreement with a useful and effective means of protection, perhaps only in mortgage and car loans. Here a significant role is played by the size of the loan and its term. But for consumer loans, in most cases, insurance is frankly imposed, often becoming an irresistible barrier on the way to favorable lending conditions. As a result, the client has forced to sign the insurance contract, but this does not mean at all that at least a part of the funds spent on payment cannot be returned in the future.

How to return insurance after early paying loan

The early fulfillment of obligations is a legal fact, which fully allows you to demand from a bank or insurance company:

Recalculation and refund of the overpaid amount - with a one-time and full payment of insurance, which is usually immediately after the signing of the credit and insurance contracts, in the form of deduction due to the sum insured, from the amount of the loan provided to the Client.
Recalculation and termination of the insurance contract - in the case of payment of insurance by annuity or differentiated payments during the action of the loan agreement.

If you fully accounted for a loan and intend to return some of the insurance:

Once again, carefully read the credit and insurance contracts, specifying the conditions for insurance and return insurance. If the refund is not provided (not specified in the contract), it does not limit your requirements of the requirements - it will be necessary to be guided by the provisions of laws. Worse, if the refund is directly prohibited by the contract. In this case, you yourself agreed on such a condition and the consequences associated with it, so you can already be prepared to solve the dispute in court, because no one will voluntarily return overpaid amounts.
Make the calculation of insurance to be reimbursed. This is not necessarily, but it will allow more reasoned to make a claim and clearly understand why the struggle is.
Prepare into the bank or insurance company - depending on who is a beneficiary (received payments), is a statement with the requirement of the recalculation of insurance and refund of the overpaid amount.
If the bank (insurance company) refused to return insurance, you have the right to apply to the court.

If a insurance premium It was paid gradually (together with the repayment of the loan), then the chances are not overpaying too much more. The law (Article 958 of the Civil Code of the Russian Federation) permits the insured ahead of schedule to abandon the insurance contract. True, if the contract is not provided otherwise, everything that it was up to this point was paid to the insurer, the return is not subject to. It is for this norm, as a rule, insurers refer to the return of an overlaid amount paid in situations of full one-time payment of the insurance premium upon receipt of a loan. The court often falls on the side of insurers, but there is a chance to win the process.

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Is it possible to return the insurance on the loan repayed during the term?

If you have exercised a loan on time provided by the lending contract, but you believe that insurance is imposed on the bank, you can try to return its amount almost in full. In this case, writing claims to the bank (insurance company) is meaningless, therefore, the facts, documents, evidence should be analyzed and evaluate judicial perspectives of the case.

Possible options:

To require an invalid insurance contract in general or individual provisions (without reference to the fact of imposing this contract as a lending conditions). In this case, it is analyzed by the insurance contract and the circumstances of its conclusion, the grounds are determined to recognize it invalid. This option is possible, but in the absence of serious grounds, the arguments and evidence is practically hopeless.
To claim invalid insurance contract (or its individual items) and lending contract in terms of insurance. This is a more rational option, but this is not becoming simple. Win the process is very difficult, especially if everything is competently formulated in contracts and it is possible to find fault with them only with stretch. To increase the chance it is extremely important to attract a competent lawyer in such affairs.

Similar requirements can be declared in the event that failed to return insurance to early redeemed loan. Alternatively, it is possible to complain to the bank in Rospotrebnadzor, but it should be understood that this authority cannot force the Bank (insurance company) to return insurance. It only accepts administrative measures. Anyway, the question will finally have to be solved in court.

Now, no first year banking institutions of the country offer individuals Upon receipt of the loan to insure itself from accidents and illness. Purchase of the policy is not mandatory, but when it acquisitions, the ledents offer more loyal conditions for the design of funds. For this reason, customers do not refuse such a tempting proposal. However, along with this, many are interested in how to return insurance after paying off the bank loan, if the borrowed money is paid ahead of schedule.

Is it possible to return insurance after repaying the loan

Acquire a voluntary insurance policy or not - depends entirely from the lender, since the Bank does not have the right to impose this service. The insurance premium can be paid separately, asked to include it in the amount of debt or make money from the received loan. Registration of insurance will help protect the client and co-coaches from financial problemswhich may occur in case of disability, accidents and even the death of the borrower.

It is noteworthy, but banking employees willingly tell potential customers about all the benefits of the execution of the policy and how to get compensation upon the occurrence of the insured event. However, few people are aware that it is possible to return the money paid for insurance or some of them when repaying the loan before the expiration of the insurance contract.

With early repayment

To the question, whether insurance returns when repaying the loan, you can learn carefully examining the contract. If you have free money, and you decide to pay ahead of time credit OrganizationIn most cases, the law will be on your side, and you can return the remaining part of the insurance. The amount will be calculated on the basis of the remaining months until the end of the contract after the date of the full repayment of the loan.

When repaying the loan on time

If the loan will repay the debt without a guarantee of the schedule, but specified in the contract with payments, then after the last contribution, the loan contract will close, and the Voluntary Insurance Policy will end with it. Traditionally, insurance is bought for a period of one year with annual prolongation. If you are cashing for several years, then insurance is issued for the entire period of the loan agreement. If you took a loan, for example, for 9 months, and the policy was decorated for one year, you can safely demand the return of money for the remaining 3 months.

In which cases, it is impossible to return insurance for a loan

Before signing the contract, it is necessary to carefully read all its items, where it will be written whether the client has the right to return the paid insurance premium or not. There are a number of moments when the money for the policy will not be able to return, even if you repaid a debt ahead of schedule:

if there was an insured event because part of the remuneration was paid;
in the presence of overdue for payments, even if fines have been paid, since you did not perform all the important terms of the contract on time;
if loans have been paid according to the established schedule completely on time;
subject to conclusion comprehensive Treaty insurance when the beneficiary is a bank institution;
if the contract has an item that insurance is not returned with full repayment of the loan.

Regulatory legal regulation

The legal illiteracy of the majority of the Russian population allows banks and insurance organizations to convert the situation on the return of insurance in their favor. If speak about early termination the insurance contract in the "cooling period", here you can directly contact the direction of the Bank of Russia No. 3854-y "On the minimum (standard) requirements for the conditions and procedure for the implementation of certain types of voluntary insurance", which has entered legal force From June 1, 2016.

As for the question, how to return insurance after paying off the loan ahead of time, here you can be guided by the law on the protection of consumer rights and Civil Codewho give the right to man to terminate any prisoner agreement. However, according to the legislation, insurance companies are not obliged to return money to customers, but this can be challenged in court, but only if insurance concerns life, financial risks and health.

How to return money for consumer loan insurance

Mandatory insurance only C. provide propertySo if you have taken a standard consumer loan, you can safely refuse to buy the policy. If the insurance was purchased, you can return it to the "cooling period", to which 5 days are given to the legislatively, although some banks extend this period. Provided that you have repaired debt ahead of schedule, you can do as follows:

carefully examine the contract and find out whether the return of the insurance premium is allowed at early repayment;
if the procedure is possible to assemble the necessary package of documents, which includes a passport, a copy of the loan agreement and a certificate from the Bank on full debt repayment;
create an application to the insurance company and attach the collected papers.

Return of insurance for a loan in early repayment

In order to return insurance after paying a loan, it does not need a lot of effort. However, it is necessary to understand that problems may arise with this. This may be, for example, the failure of the insurance organization. In addition, you should not count on what you get the whole amount, because the policy was purchased for the entire period of repayment of debt. First of all, it is necessary to realize whether it is worthwhile to returned the funds, because sometimes the benefit may be incommensurable compared to those efforts that were spent.

Refusal in return

The most common option is lying the failure of the insurance company to return money for the policy, or rather for the untapped time due to early repayment of the loan. This is due to the fact that customers are inattentively reading a contract before signing it, because the point that the SC does not return the money in the event of a complete repayment of the loan, often incorporated into the contract, but seal prints are prescribed. It is unlikely to solve this problem itself, so it is recommended to use the services of a professional lawyer.

Partial reimbursement of the insurance premium

Return a part of the funds spent on the purchase of the policy, provided that the loan is paid ahead of schedule, but the amount will be small. Here you need to be particularly attentive, since insurance companies can motivate their position in that most of the funds have been spent on administrative support, so they return so little money. If the cost of the policy is large, you can request a printout on the use of money, having achieved the return of the maximum possible funds.

Full return of insurance amount

Return insurance is completely possible only if you have repaired a loan ahead of time, but the debt period was one, a maximum of two months. Under such circumstances, the insurance company simply will simply be able to prove to which she has spent most of the funds. At the same time, this is the only case when it is possible to achieve justice without court proceedings.

How to take insurance after paying a loan - the order of registration

Before returning insurance after full repayment of the loan, it is necessary to find out what the contract was concluded. The fact is that most loans allow a big mistake when they turn directly to the lender. This can only be done if the insurance is part of the service provided by the Bank - the so-called comprehensive insurance. In all other cases, it is necessary to write an application to the insurance company, where the recalculation of the insurance premium is carried out in proportion to the term of use of the loan.

Application to the insurance company

To terminate the insurance contract, you must write a statement to the insurance company. It needs to specify your passport details, the number of insurance contract and the reason why you are going to terminate the agreement. You can personally give it to a representative of the SC, but at the same time you need to trace the incoming number to him, otherwise it will be difficult to prove anything. If there is no such possibility, you can send the appeal by mail by registered mail, however, it will have to notarily assure your own signature and together with the statement to send documents.

What documents must be provided

It should be understood that one statement does not cost. First of all, it is necessary to prepare a personal passport and a copy of the loan agreement. In addition, it will be necessary to visit the Bank of the Bank, where to get a certificate of the absence of debt (about full repayment of the loan). However, it is necessary to be prepared that the insurance company may request other documentation. For example, information on the current account may be required, since the refund is transferred to the client exclusively in non-cash.

Will the loan insurance in Sberbank return

Since most loans issued, as statistical data is evidenced by the largest bank Countries, many are interested in how to return insurance on the loan of Sberbank. This option is possible only with early repayment of debt. To do this, contact the insurance company and write a statement to which there is a certificate of the absence of debt. This rule works with Sberbank Insurance, the owner of which is the financial institution itself. If the policy was purchased from another organization, the solution to the issue may be complicated.

Return of insurance after paying a loan VTB 24

Making a loan in VTB24 and acquiring insurance, the bank will offer you profitable termsconcerning the decline interest rate. However, often employees offer to conclude a contract for a period of two or three years, motivating this by the fact that so insurance will cost cheaper. There is a rational grain in this, but in the case of long-term loans issued, for example, for the purchase of a car or purchase of real estate. With a consumer loan, this is not recommended, especially if the loan period is small. The return procedure is similar to the above.

How to return insurance on the loan alpha bank

If you contact the official site of the bank, you can find information that the bank returns insurance to its customers only in the "cooling period", which lasts five working days from the date of conclusion of the contract. In all other cases, including at the downward loan, it is necessary to watch the loan agreement, where such an opportunity and the return procedure should be spelled out.

What to do if the insurance company refuses to accept the application

Provided that insurance organization Does not want to return money, although a prisoner does not interfere with this, depending on the type of loan, you can go in two ways. If you have accustomed ahead with a mortgage or loan to buy a car, you can write a statement to replace the beneficiary. With such a sore, the SC will pay the agreed part of the person who owned property will be issued.

With consumer lending, you will have to go to court or contact Rospotrebnadzor. However, before this should carefully examine the judicial practice on similar statements In order to understand, what is the likelihood of a favorable outcome of the case in your favor. Turning to court, it is important to understand that in case of loss, all legal costs will fall on your shoulders, so if the sum of the insurance premium to be returned is low, you should think about whether it is worth it.