This question appeared at the borrowers almost simultaneously with persistent proposals of banks to insure.
Let us try to remember the basic patterns of this kind of relationship.
- Insurance upon receipt of the loan is one of the popular methods of ways to reduce the risk of non-return of the amount received.
- If something that can interfere with the loan is happening to the borrower, this duty falls on the insurance organization. With the insured event, the money will not be an insured person or his native, but the bank is to repay a loan.
This state of affairs is beneficial to banks.
Insurance organizations, this strategy is also beneficial, because The amount of insurance premiums exceeds the amount of payment of insurance cases.
But it is not necessary to talk about the benefit of customers, under any circumstances. Those who regularly return the entire amount of the loan, also compensate for their insurance premiums, non-payment of other borrowers. He pays for everyone who could not pay, because he lost his job, fell ill, died.
In the past, all these risks also went to the recipients of loans, they were also evenly distributed between them due to higher percent.
- If the interest rate is easily understandable and calculating, then insurance payments are a separate article, which is often not taken into account until the time of registration.
- If interest is recalculated with early repayment, the insurance premium may not be refundable.
- If interest is most often distributed between the payments, the insurance premium usually goes a one-time sum that is simply added to the principal debt.
- Purely psychologically, many borrowers are much easier to recognize interest on the loan, as the price of using the Bank's funds, but the insurance is considered to be a fee "for nothing."
Other reasons for refund will require other text, but the general essence can be set out in just one sentence: "I ask to terminate the insurance contract and return the paid amount of insurance premiums."
The list of grounds for termination of the contract is not exactly defined.
But in 2016, the existing Russian legislation went to meet with ordinary borrowers, and more precisely - the Bank of Russia. Now the insurance policy can be returned to the insurance organization within 5 days from the date of purchase, and the insurance organization returns paid money within 10 days. This five-day period has become tactfully called the "cooling period".
Failover options
- The option is the first, straight and honest - to abandon insurance when making a loan. Is it possible to do this to the law? Yes, of course. Can the bank in the loan due to disagreement on insurance? The bank does not explain the reasons for refusal. Many customers are confident that all that is.
- The second option is to abandon the insurance after the endorsement of the loan, in the 5-day term established by law. This path seems to be the easiest and most profitable. The loan is already decorated, its conditions will not be revised. Termination for the specified 5 days occurs without going to court. The insurance organization provided services only for several days, therefore cannot hold a considerable amount from the contributions to be returned.
- The variant of the third, most stressful - termination of the insurance contract through the court. Judicial tighten becomes necessary in the categorical missepitation of the opinions of the client and the insurance organization.
From which insurance can not be abandoned?
This question is not so unequivocal, as it may seem.
Usually they write that it is impossible to refuse compulsory insurance. In most cases it is. Although there are options. Insurance becomes mandatory if such a requirement is spelled out in legislation specifically for this particular case. Example - housing insurance for mortgage.
You can get rid of mandatory insurance in court by proving that from the point of view of the law it was not required that the loan agreement does not meet the criteria allowing the client to require the client insurance.
Another difficult to refuse the situation is the conclusion of a non-individual insurance contract, but accession to the collective.
Parties of a collective insurance contract becomes a bank issuing loans and an insurance organization. And the credit recipient only joins the conditions of the current treaty. Here the legislation does not provide for the "cooling period", nor during the first 5 days, nor at some other time.
Here the client arises two possibilities:
- Contact the insurer if the contract involves the termination of insurance relations.
- Contact the court if the contract does not provide termination.
Especially note - in court it will have to prove the illegality of insurance obligations. But the bank and insurance organizations are usually carefully and in advance assesses the legal validity of their actions.
