Is Loan Insurance Wasted Money or Financial Protection Against Adversity? Can I get my money back? You can, if you approach it competently and competently. The portal "I am a capitalist" will tell you in as much detail as possible.
V last years more and more often there are complaints about the imposition of insurance by banks when applying for a loan. Clients can be understood - this is an unnecessary credit burden, but also financial institutions want to protect themselves as much as possible. Who is right? And is it possible to issue a loan insurance return after the loan is repaid?
Banks usually offer ready-made insurance packages. This is often a product of a common holding. But you have the right to conclude insurance wherever you want and provide the bank with a ready-made insurance policy. Of course, no one will return it.
Is the bank's requirement to take out insurance compulsory? No! You have the right to refuse. But in this case, other difficulties may arise:
- you will be denied a loan. The bank has the right to do this without giving any reason. Exit - try to contact another branch or another bank;
- you will increase the interest on the loan. Indeed, in the conditions of many banks it is openly written that if they refuse to issue it, the rate will increase by 0.5-5% per annum. The way out is to pay or look for more loyal conditions;
- banks are cunning and indicate the insured amount as a percentage for registration, but it is not refundable. The way out is not to get loans from such a bank.
It should be noted that many banks have unspoken instructions. For example, in Sberbank, a specialist receives a salary increase only when applying for a loan with insurance. Draw your own conclusions. But let's repeat once more - design financial protection partly in your best interest.
The above information does not apply to the registration of collateral loans - in this case, the insurance of the collateral is required.
Return of insurance. Is it real?
Really. But some conditions must be met.
- The possibility of return is prescribed in documents - in the contract or in the terms of registration. Otherwise, even in judicial procedure it will be difficult for you to prove anything.
- From 01.06.2016, the full amount of the insurance can be returned in 5 days from the date of the contract. If by this moment the insured event has not occurred.
- Part of the funds can be returned by early repayment of the entire loan or its share.
- No overdue debt.
Return procedure
Contact the bank where you took out the loan and insurance. You will need to apply. In addition to the application, you need to provide documents:
- passport;
- loan agreement;
- insurance contract;
- original receipt of payment of the insurance premium.
Naturally, at the time the insurance is returned, you must not be overdue. Otherwise, the bank won't even talk about a refund.
In the application, you must indicate the account number for the transfer of funds.
Terms of consideration of the application
When applying for a consumer loan with insurance, you can return its cost after receiving the loan. Each bank sets its own terms of return. Check this point with an employee. If he refuses to talk about it, call Hotline jar. You should be consulted.
Consideration of an application under the law takes about 30 days, but in practice it happens much faster. If after 4 weeks the funds are not credited to the account and the bank does not inform you of the result, then you will have to contact the office again for clarifications.
To prove your case, also look for information on the bank's website. The credit organization does not advertise it, but according to the law, its presence is required. On a page, it is usually found in additional documents at the bottom or side. For example, at Sberbank it is located in the "Insure yourself and property" tab - "Accident and illness insurance". On the right will be the Good to Know menu. Find pdfs to download. Usually they are not paid attention to, but you can find a lot of interesting things there. This is what is written in the "Terms of participation in the program voluntary insurance life (DSZH) ".
How to write an application?
You can write in any order, but it is better to ask the employee for a ready-made form. Submit your application in 2 copies. On one, ask the bank employee to put down an acceptance note. If issued in one, then ask for a photocopy with a mark on the acceptance of the original.
The following points must be specified in the application:
- the person in whose name you are writing the application. This is usually the head of the insurance company;
- surname, name and patronymic of the applicant in full;
- applicant's passport data;
- applicant's address;
- contact number;
- insurance contract number;
- room loan agreement;
- date of conclusion;
- the amount of the insurance premium;
- account for transferring the refund;
- date of registration of the application;
- applicant's signature with transcript.
Sample text of the statement
I ask to return the insurance premium paid by me in the amount of 12 345 (Twelve thousand three hundred forty five rubles) when signing the Voluntary Life and Health Insurance Agreement No. 5678 dated 02/01/2016. Please transfer the funds to my account No. 42111.810.08822.1234567 in the N-branch of the bank.
So, we found out that even if the bank requires financial protection, its cost can be returned after receiving a loan. Banks do not want to warn their customers about this possibility. After all, this is their income. If you decide to return money for insurance, please be patient. Nobody has canceled the bureaucracy yet. Good luck!
Execution of a loan agreement implies financial risks primarily for the bank. To protect itself from insolvent customers, a banking organization offers to insure its loan. The purpose of the insurance company in this case- closing the client's debt to the bank. The loan insurance service is voluntary by law. However, a loan officer often intimidates potential clients with the fact that without an appropriate insurance agreement, the chance of getting a loan is minimal or completely impossible. Sometimes the default price of the policy is included in the loan. The above actions of the bank are considered illegal. How to return insurance for a loan obtained under duress, and what the law says, we will consider in more detail in the article.
Bank of Russia Ordinance No. 3854-U “On Minimum (Standard) Requirements for the Conditions and Procedure for Carrying Out Certain Types of Voluntary Insurance” dated November 20, 2015 regulates the return of insurance on a loan within five days in case the client refuses from the voluntary insurance agreement. The insurance is returned by law within 10 days and the money is transferred to the applicant. It is comparative new opportunity appeared after changes made in June 1, 2016 to the current document. In addition, insurance companies were given ninety days to bring their activities in line with the terms of the current regulation from the Bank on newly signed voluntary insurance agreements.
Depending on the choice of the insurance company, its conditions take effect either immediately after the conclusion of the contract, or after a certain period of time. If he began to act, then the law defines a five-day period when the client has the right to write a written waiver of insurance. However, in this case, the insurance company withholds part of the funds in proportion to the elapsed time.
There is mandatory types registration of insurance for a loan, established by law:
- CASCO;
- real estate insurance.
In all other cases, insurance is voluntary and the bank has no right to force the service.
By law, banking institutions do not have the right to refuse a client to return insurance for a loan if an application for this procedure was written within the prescribed five-day period. In addition, some banks in Russia suggest canceling the agreement after 5 days to increase loyalty. You should not hope for a refund if an insured event has arisen during the time that the insurance is valid. In more detail, under what conditions the borrower has the opportunity to return his money, we will consider further.
Refund conditions
The issue of the borrower returning his money is currently relevant, since most often an additional loan insurance service is imposed on citizens. Starting from July 1, 2016, the amendments to the law are in effect and return cash for the insurance on the loan has become real.
The first condition that the borrower must meet- no more than 5 days have elapsed since the conclusion of the loan insurance, during this period the citizen has the right to apply to the bank for a refund. One more condition- during the time that the insurance is valid, it should not come insured event... Some Russian banks (Sberbank, VTB 24), to increase loyalty, provide for a refund for this service even after a 5-day period - for example, within 30 days.
Despite the fact that the law is in force on this issue, it will be difficult to return the money. A trial is indispensable. You will need to prove that the service of providing insurance for the loan was imposed by the bank's managers and the consent was not voluntary.
Necessary money
The procedure for obtaining funds for loan insurance by the borrower back involves filing an application with an insurance company or a bank within five days. It comes from the moment of registration insurance policy... Only working days are counted, not calendar days. Required by law following documents in case of cancellation of loan insurance:
- application for refusal;
- duplicate agreement;
- a check confirming the payment of the insurance premium;
- a copy of the passport data of the insured.
The package of documents can be delivered in person or by registered mail. A response on this case will be received within 10 days. In practice, banking institutions delay the process of refunding loan insurance funds. Most often, funds are returned within 1 calendar month. In case of refusal to pay compensation, you can complain to the Central Bank or to the court.
Will a law be signed to abolish loan insurance?
On this moment Russian citizens are exempt from the obligation to conclude "voluntary" loan insurance. The corresponding Ordinance of the Bank of Russia No. 3854-U "On 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 accident, etc.
In connection with the acceptance of the document, from the moment of the conclusion of the agreement, the policyholder has 5 days available to write an application for a refund. If the insured event does not occur, all funds are subject to return. If the insurance has begun to operate, then the refund will be made with a certain amount deducted for the time that it was in effect. Within 10 days, the borrower will receive money in a convenient form - cash or non-cash.
The current document will allow policyholders to protect their interests and get rid of the imposition of unnecessary additional services in the field of lending. Loan insurance is a completely voluntary decision of the citizen and the bank will be held liable for illegal actions.
Today it is almost impossible to get a bank loan without buying an insurance policy.
However, according to mandatory only property insurance is provided, which is transferred to the bank as collateral. The bank has the right to offer to issue other types of insurance to the borrower only on a voluntary basis.
Therefore, in order not to break the law, bankers are trying to stimulate the purchase of a policy with more attractive credit rates or the inclusion of insurance costs in additional Banking services... As a result, borrowers are faced with a big problem of returning insurance money when repaying a loan ahead of schedule.
Grounds for early termination of the contract
If the loan is repaid ahead of schedule, then the borrower has the right to demand to return the insurance amount for the unused period of the contract. The basis for this is the rule of clause 3, the content of which is presented below:
Based on clause 1 of Art. 958, repaying the loan earlier than the term stipulated in the contract, the insurance risk becomes null and void. And according to clause 3 of this article, the insurer in this case can receive only part of the insured amount, while the rest must be returned to the insured person.
Clause 7 "On the organization of insurance business in Russian Federation»Also confirms the borrower's right to receive funds for the remainder of unused insurance days.
And, finally, a letter from the Ministry of Finance of the Russian Federation from the insurer is supposed to:
- Return to the borrower the balance of the unused part of the insured amount, reduced by the actual insurance period.
- Exempt the borrower from paying any taxes on this amount.
Will this fact affect your credit history?
The Regulation "On Credit Histories" provides for a certain template of the borrower's credit history. It consists of several parts, one of which is informational.
The following information fits into the informational part of the story:
- information about all requests of the borrower to banks;
- refusals and approvals for the issuance of loans, indicating the reasons;
- fixing the absence of payments more than two times in a row.
The title and main sections of the credit history contain:
- borrower's personal data;
- data on loans taken;
- the amount of loans;
- percent;
- maturity dates, etc.
Only the borrower himself can get acquainted with the additional part of the history; this section is closed for other persons. As you can see, there is no information on the exercise of the right of claim by the borrower for the return of the insured amount in the credit history.
Therefore, you should not be afraid to spoil it with this. Credit histories are stored in the BKI and the borrower once a year has the right to get acquainted with the document for free, as well as check the correctness of its filling.
Reasons for the bank's refusal to pay
If there is a loan or the client's health and life insurance in the additional services of the bank, then such an agreement is not drawn up directly with the client. Registration of an insurance policy takes place between the insurance and credit institutions, i.e. between legal entities.
With bank credit insurance, the return of insurance is very problematic.
After all, the wording here is completely different, it can be formalized in the form of a bank commission, organizational expenses, etc. And even by filing a lawsuit, the borrower does not have the right to refer to the law on insurance. In some cases, in order not to lose customers, banks make some concessions.
If the borrower writes in an arbitrary form an application addressed to the manager with a requirement to return the paid additional services in connection with the early termination of the contract, then the bank can be loyal to this and pay some part of the money. But the decision on the payment remains only with the bank.
Even if you file a lawsuit, you still cannot change the situation in your favor. The law does not forbid banks to establish commissions, bonuses, reimbursement of organizational costs.
Some banks still return to their clients a part of a certain part of the money, which is discussed in a separate paragraph.
For example, Sberbank provides for the full early repayment of the loan in the "Program of collective insurance of individual borrowers". Based on clause 4.3 of the Program, the borrower has the right to receive the insurance amount calculated depending on the remaining loan term (see below).
If the client, within 14 days after the start of the contract, writes a written waiver of this Program to the name of the bank, then the entire amount taken for connecting to this service will be returned to him in full.
Who will help you get the money back
Still, how do you get your loan insurance fee back? If you have received a refusal by submitting a relevant application to the creditor or to insurance organization, referring to clause 3 of article 958 of the Civil Code of the Russian Federation, it will be very difficult to get overpaid money for insurance.
However, by contacting an experienced lawyer, you can use two possibilities in solving the problem:
- For the bank. There is a provision in the loan agreement that predetermines insurance for the entire period of the transaction. But if the contractual relationship is terminated, then, accordingly, the insurance contract must be terminated.
- For an insurance company. The subject of insurance was the risk of non-payment of the loan. If the loan is repaid ahead of schedule, the insurance risk also automatically disappears. This is stated by the norm of the Law in accordance with clause 3 of article 958 (paragraph I):
Therefore, the insurer is obliged to recalculate and return the remaining insured amount.
What to do if this service is included in an additional package
If the borrower has taken out a line of credit that includes special program insurance, then the bank itself acts as the insured.
And since the borrower did not enter into any contract with the insurance company, then, accordingly, appeal to it in part early termination he can not.
The bank has included the insurance amount in the loan service as a commission. Another trick of the bank is the so-called "Package Services", which the lender sells when applying for a loan. This includes, in addition to insurance, and a number of additional services. This is both SMS distribution of information, and the issuance debit cards and much more.
In this case, it is impossible to refuse only insurance from this Service Package. And in case of refusal from the entire package of services, the bank will most likely refuse to issue a loan.
For a consumer of banking services, there is one way out of this situation - to appoint himself as a beneficiary. This means that the insurance premium will be paid to the borrower.
Based on the norm of clause 2, the borrower, when taking out insurance, has the right to determine the beneficiary and this should be done before concluding a loan agreement.
Before signing the documents, carefully read all the points of the document. Special attention pay attention to the list of paid additional services, whether you are connected to the insurance program.
If you do not see the need to provide any of the services, refuse immediately.
To do this, in any form, you should submit an application to the bank to refuse additional services, as well as to return an equivalent part of the funds. Submit the application either by registered mail, or in your own hand to the bank with a mark on its receipt.
If the bank made a negative decision on your application and refuses to return part of the amount, feel free to contact the court and Rospotrebnadzor.
To participate in the court of a representative of Rospotrebnadzor, you can, in accordance with, apply to the court accordingly. The specialist of the supervisory authority will give his opinion on the legality of the bank's decision, which will significantly affect the positive decision of the court in your favor.
Return of part of the insurance
How to return life insurance on a loan if the contract provides for an early repayment of the loan? There are certain time frames, as well as the conditions for the return of insurance money specified in the contract.
So, if a client applied to an insurance agency or a bank (provided that the bank is the insured) no later than 1 month from the date of the agreement and the respondent's question is resolved positively, then the funds are transferred to the specified current account of the borrower. But the contract processing services will be deducted from the refund amount.
If a month has passed and the client has applied with a demand to return the money due to him, the amount will be reduced in proportion to the real time.
The defendant's decision is usually made within 1 month. If the decision is positive, the money is transferred to the client's account, and if the decision is negative, the client has the right to apply to the courts. The term for consideration of the claim is regulated by the legislation of the Russian Federation.
The conclusion is this: a refund for insurance is possible if it is stipulated by the contract. Otherwise, the decision is made by the policyholder and the decision made by him depends only on his loyalty. Going to court does not always bring results.
Hence the conclusion follows:
- study the contract carefully;
- weigh the potential benefits against the inevitable risks;
- only then sign the contract.
Where to go
When claiming overpaid insurance money, borrowers should apply to Rospotrebnadzor and the court.
Immediately after closing line of credit it is necessary to collect copies of the following documents:
- credit agreements;
- passports;
- a certificate issued by the bank stating that you have fully repaid the loan (sample below):
In addition to these documents, you should write a statement addressed to the insurer organization so that you terminate the insurance contract ahead of time and return part of the insured amount (see an example of an application below).
It is worth paying attention to the fact that, based on practice, borrowers are often allowed typical mistake... Even if the insurance was issued by an insurance agency, the borrower still applies for a refund to the bank.
This step is justified only if the bank acted as an insurer. But in other cases, you should only contact the insurance organization.
Application to the bank. Pre-trial settlement of a dispute
To resolve the issue of returning the insured amount, the borrower must contact the bank (if the bank acted as the insured) with a statement or claim, a sample of which is presented in file below.
The application must be made in two copies, one of which must have a bank employee's mark of acceptance. If it is not possible to bring the application in person, then you can send it by registered mail with a paid receipt by the addressee.
Additionally, you should make an inventory of the attached documents. In parallel with filing a claim with the bank, you need to submit an application for providing complete information on the movement of funds in your personal account. If you receive a refusal, please contact Rospotrebnadzor.
Contacting regulatory authorities
Activity financial and credit organizations controls Rospotrebnadzor. Therefore, a similar application that you submitted to the bank should be sent to Rospotrebnadzor, a sample of which is presented below.
A copy of the claim to the bank with its response should be attached to the application.
Lawsuit
The borrower can apply to the courts without filing an application with Rospotrebnadzor. To consider your case in court, you need to submit statement of claim, which is presented below in the file.
Download .
Required minimum documents
In addition to the statement of claim, the following documents must be submitted to the bank:
- credit and insurance contracts;
- bank statement with confirmation of early repayment loans;
- the calculated part as an addition to the claim;
- a copy of the application for the claim for the return of insurance costs to the bank with its answer;
- a copy of a duplicate of the insurance contract (if any);
- a copy of the application to the insurance agency with his answer.
Summing up, the conclusion is as follows: if the contract contains a clause on the return of part of the insured amount when the loan is repaid before the due date, then such a document can be signed without a doubt.
If the terms of the contract exclude such a possibility, then in this case you need to be ready to go to court and Rospotrebnadzor or rely on the loyalty of the insurer, or even refuse the overpaid money altogether.
Video: How to get your loan insurance back and how Banks rip us off.
You can refuse insurance on the basis of instructions Bank of Russia N 3854-U, which applies to all credit agreements starting from 1.06.2016. It only applies to individuals.
Important! According to this decree, you can completely cancel the insurance policy within 5 days after the date of conclusion of the contract(cooling period). In some cases, the return of the insured amount on the loan is carried out within the period provided for by the contract itself.
Is it possible to return the insurance amount for a loan already paid
The legislation provides for the option of refunding money if the debt was repaid ahead of schedule and the payment schedule was observed. In this case, you will be able to receive the amount of insurance for the remaining period. For example, if the loan was issued for a year, and the full repayment of the debt was made after 6 months, you can return 50% of the insurance.
You cannot make a refund if there was an insured event, which includes a delay in payment, even if the corresponding penalties have been paid. Also, insurance is not refundable for completed loans paid within the framework of the payment schedule.
What policies fall under the instructions of the Bank of Russia
The current law on the return of insurance does not affect all types of policies. By law, you can safely refuse the following types of insurance:
- in case of death or reaching a given age;
- from accidents;
- additional medical insurance;
- damage and loss of property;
- damage or theft of land vehicles;
- damage or theft of water transport (boats, boats);
- OSAGO;
- financial risk insurance.
What types of policies are required:
- medical policies for foreigners working in the territory of the Russian Federation;
- medical policy for citizens of the Russian Federation who are outside the country;
- compulsory policies of admission to hazardous activities;
- civil liability of drivers of international insurance programs.
How banks and ICs can bypass the law
To assess your chances of getting your money back, you need to carefully study the loan and insurance contracts. Knowing about the possibility of claiming a refund, lawyers of banks and insurance companies often go for tricks that do not allow borrowers to exercise their legal right. This includes the following points:
- The bank may prohibit early repayment of the loan.
- The banking organization itself acts as an insurance agent. In this case, a collective agreement is signed, to which the current instructions of the Bank of Russia, alas, do not apply.
- Insurance is included in the basic banking package. This practice is typical for non-targeted consumer loans provided in the format credit card... When making a cancellation, the bank may deprive you of other important package options or reduce the amount of the credit limit.
- If in the loan agreement you have marked a clause on reading the document and full agreement with its terms, it will be difficult to prove the imposition of services in court.
- Since the law is only established for insurance policies, the company can set a low cost of the policy itself and high registration fees and commissions.
If possible, show the documents to a lawyer who can tell you exactly what payments you can expect.
And banks, and of course, Insurance companies will drag out time. This is especially true for the acceptance of documents. In this case, you must, upon personal contact, receive a receipt or a corresponding note on the transfer of papers on your copy of copies. Bypassing the system, you can send collected documents by a valuable letter with an inventory of all enclosed securities, as well as with a mandatory return notification of receipt. In this situation, the bank or the UK will not be able to refuse to accept the application.
In some cases, bank or UK employees may seize the originals of contracts from you in order to subsequently amend them bypassing the law. So, if you transfer the original with your signature, it may not accidentally get lost and you will be asked to sign another (corrected) copy.
Insurance return procedure
If you want to return the loan insurance, you can contact the insurance company directly or act through the bank (if the policy is included in banking services). The procedure itself depends on who signed the current insurance contract and what are the reasons for its suspension.
Return of insurance for a loan in case of early repayment
If the consumer loan insurance was paid in one payment and immediately after registration, when you make an early repayment, you have a chance to return the remaining amount. This right applies to all types of loan policies. The reason for the return is the fact that the insurance services were paid for, but will not be provided.
After the loan is repaid, you must take the appropriate document on the payment of the debt from the bank. It is attached to the application. Also attached is a copy of the insurance contract and a copy of the passport.
The contract with the UK itself should not be terminated before receiving the money, since in this case it can completely refuse on legal grounds. An exception will be situations when the current agreement spells out the obligation to return part of the insurance money in the implementation of early termination of the agreement with the bank due to the full payment of the debt.
Consideration of the application by the insurance company is carried out within 10 days, after which you must return the money or provide weighty grounds for refusal.
How can you refuse the imposed insurance
To comply with the procedure, claims are sent to the bank and the insurance company for the return of insurance for the loan. This is necessary to provide an opportunity for a pre-trial resolution of the issue. This must be done during the legal cooling period.
Terminate the insurance contract for the general consumer credit allowed within 5 days from the moment of its entry into force. For a car loan, this period has been legally extended to 30 days, which applies to OSAGO policies.
In some cases, the cooling period can be set by a specific bank. For example, when considering the question "is it possible to return insurance for a loan in Sberbank", it is worth considering the individual conditions credit programs that allow you to completely return insurance premium within 30 days from the date of conclusion of the contract or in the amount of 50% if the period exceeds 30 days. You need to submit copies of credit and insurance agreements, as well as your passport, along with your refusal statement.
If the insurance contract was signed separately from the credit one (the insurance condition is not spelled out in the loan agreement), you need to immediately contact your insurance company. In this case, in addition to the above documents, Bank details for a refund. If the agreement has already entered into force, you are obliged to return the amount minus payments for the past period, if not, the full amount.
Sample application for the return of loan insurance
The application for the return of insurance can be a standard form provided by the bank or written by the borrower himself. An example sample looks like this:
- To: The head of an insurance company or a bank Full name
- Organization address.
- From whom full name
- Registration (residence) address and telephone number.
Statement
(Date of signing the contract) between me and ( Name of the bank) a loan agreement was concluded ( Document Number), as well as simultaneously with the company ( insurance company name) an insurance contract has been concluded ( Document Number). The loan amount under the agreement was ( total amount in rubles in figures and words) rubles, whereas in fact I was given ( the amount by the body of the loan in figures and words) rubles, and ( insurance amount in figures and words) rubles was transferred to the company ( SK name) as an insurance premium. Loan and insurance term in accordance with clauses ( numbers of clauses of the agreement, where the loan terms are indicated) the contract made ( loan term in months).
(Early loan repayment date) I fully fulfilled my loan obligations to the bank ( Name of the bank), returning the amount of debt ( total loan amount with insurance in numbers and words) rubles and the corresponding interest. In connection with the early closing of the loan, I ask you to return to me the paid in excess of the required insurance premiums at the rate of ( 50% of the insurance premium) rubles.
I ask you to review the decision on my application within 10 days from the date it was received. In the absence of a response from you or non-satisfaction of the above requirements, I will file a corresponding statement of claim with the court on this issue demanding the payment of the declared amount and interest for the use of funds in accordance with Article 395 Civil Code RF.
What to do if a refusal is received
First of all, you can file a complaint about banking organization or an insurance company to Rospotrebnadzor due to the imposition of a service. This can be done within 1 year from the date of signing the contract. It is necessary to send a complaint to the Rospotrebnadzor department of your city. This can be done in person, by mail or by e-mail. If your complaint is confirmed and substantiated, an administrative case will be opened.
It should be understood that in fact this will not return the money, but the answer of Rospotrebnadzor will help you in the upcoming trial. By the way, if you missed the deadline for filing a complaint, still send it to the service. In this case, the opening of the case will be refused and the bank or the IC will not incur an administrative penalty. On the other hand, an answer will be provided in your case with explanations of where and how your rights were violated, which is also a compelling argument in court.
You can send an application to the court if, within 10 days after submitting an application to the UK, you did not receive an answer (payment), or you were presented with an unreasonable refusal.
When planning a strategy for how to get your consumer loan insurance back, start trial should only be done on the condition that you are entitled to sufficient large sum... If you only want to reimburse a few thousand rubles, you are unlikely to cover the costs of bringing the case to an end.
Citizens who took out a loan, in most cases, were forced to issue and "optional" life insurance. To say that insurance is voluntary and does not in any way affect the process of obtaining a loan, and even more so we will not convince anyone of this. We ourselves know very well that insurance is imposed on everyone “without exception” when applying for a loan, and only a few manage to avoid the fate of “being insured”.
Imposed loan insurance - how to return?
The first thing that comes to mind of most citizens who have taken out a loan with expensive insurance is the question of: "Is it possible to cancel the concluded insurance contract and return the money spent?"... And in order to get an answer to this question, most of us go to the vastness of the Internet to study information. This is a completely natural and correct reaction of citizens, the problem here can only lie in the fact that on the Internet you can find both useful and useless, or frankly "harmful" information.
So, in the matter of returning insurance, many citizens are trying to get the necessary information on the information portals of insurance companies or banks, which is considered by many to be the most correct way. However, we will have to disappoint you, the fact is that these organizations are just not interested in you giving up insurance. They will try with all their might to dissuade you, or direct the process of refusal from the concluded insurance contract down the wrong path.
It should be remembered that banks and insurance companies are controlled by the CBRF and must follow all instructions of the regulator. "Ordinance of the Bank of Russia of November 20, 2015 N 3854-U" On the minimum (standard) requirements for the conditions and procedure for the implementation of certain types of voluntary insurance "establishes the so-called, which is currently 14 calendar days... You need to meet these 14 calendar days and notify the insurance company and / or bank about your desire to cancel the concluded insurance contract.
How do banks and insurance companies obstruct citizens' legal right to refuse insurance?
Banks:
- they are silent about the very possibility of refusing insurance;
- They openly deceive by verbally providing the client with false assurances and instructions on how and when to refuse insurance (for example, a case from our practice: the client was told at the bank that it would be possible to refuse insurance, but only after the first payment on the loan, i.e. e. after 30 days);
- intimidated by unfavorable conditions, bad, etc.
Insurance companies:
- establish complex and confusing procedures for canceling insurance;
- unreasonably request additional documents, allegedly necessary to consider the issue of cancellation of the concluded insurance contract;
- indicate the need to provide a statement of refusal in the established form, which was approved by the internal regulations of the insurance company (you should carefully read the phrases that may be spelled out in these "established sample statements", so as not to agree to unfavorable terms of termination of the insurance contract).
How do I get my bank insurance back?
We note right away that you can return almost any bank insurance. Exceptions can only be insurance that does not fall under the instructions of the Central Bank of the Russian Federation N 3854, for example, such as insurance for citizens traveling abroad.
Although many banks, in order to circumvent the Directives of the Bank of Russia, began to invent other ways to legally "rob" the borrower and introduced the following mechanisms:
- forcing customers to join the insurance, concluded under collective insurance contracts - on how to refuse such insurance contracts and return the money;
- impose other services and products at an inflated cost when applying for a loan, for example: they “sell” various kinds of certificates, “roadside assistance”, etc.
To return the insurance, you must contact the bank or insurance company with a written application to refuse insurance. The form and content of this application may differ both in content and in form, depending on the type of insurance and the specifics of the requirements of the insurance company.
Insurance refund within 14 days
Instruction of the Central Bank of the Russian Federation N 3854, with additions and amendments, establishes a fourteen-day period during which a person can change his mind and refuse the concluded insurance contract, this period is called.
After concluding an insurance contract / obtaining a loan from a bank, in the first 14 days you need to write and send to the Insurance Company, or the Bank (depending on the type of insurance), an application for refusal. It is advisable to add copies of documents confirming the information reflected in this application to this application: a copy of an insurance contract / insurance policy, a copy of a passport 2-3 pages + pages with valid registration, a copy of a payment order to transfer funds towards payment of an insurance premium.
As noted earlier, different insurance companies use different shapes applications to refuse insurance, therefore, in order not to get confused and to provide the correct set of documents to the insurance company, it will not be superfluous to consult with a specialist, especially since this can be done completely free of charge.
Insurance refund after 14 days
For one reason or another, not all citizens had the necessary information and did not use their the right to cancel insurance in the first 14 days... In some cases, it is possible to refuse insurance and return the paid insurance premium with a commission after the expiration of the 14-day period, below we will talk about possible options action.
At first... In case of early repayment of the loan, there is no need to insure the risks of non-payment on the loan, which naturally may be the basis for early termination of the insurance contract and the return of part of the paid insurance premium (in proportion to the validity period of the insurance policy). The problem in this case may be that banks, together with insurance companies, separately prescribe no return possibility paid insurance premium in case of early termination of the insurance contract. This is done for one simple reason. Banks that "sell" insurance when receiving a loan, earn by means of receiving agency fees from the insurance company, the share of which can be 80-90% of the total cost of the policy. Thus, the insurance company cannot return even part of the insurance premium, because will be at a loss. Most insurance contracts are not dependent on the presence of a loan debt, i.e. insure, for example, the life of the borrower and sum insured on such poles, no matter how tied to the balance of the debt on the loan. Credit and insurance seem to exist independently of each other.
But there are exceptions, some insurance contracts provide for the possibility for the Insurer to receive a part of the paid insurance premium in case of early termination of the insurance contract. Therefore, carefully study the insurance contract - perhaps such an opportunity will be available to you.
Secondly... If you realized yourself quickly enough, i.e. not much time has passed since the conclusion of the insurance contract. You can try to find transport company, which agrees to accept your documents for cancellation of insurance and return of insurance premium "retroactively". It should be remembered that the date of the notification to the insurance company of its intention to refuse insurance and return the paid insurance premium is exactly the date of sending the documents by the postal service (any, not necessarily by the Russian Post).
Thirdly... Some insurance contracts establish a different, longer "cooling period" during which the insurance premium can be refunded. It is necessary to carefully study the insurance contract / insurance policy and other documents related to insurance.
Below, we present to your attention an example of such a policy, in which the "cooling period" is 2 months.
Let's sum up... The question is: "How to return imposed loan insurance" does not have an unambiguous universal answer, because different banks and insurance companies establish their own waiver procedures, which, in most cases, it is desirable to take into account.
It is advisable to take advantage of the advice of specialized specialists in order to avoid possible difficulties that may accompany the process of returning the insurance premium.
