Return of commissions on loans: judicial practice

Loans are now very common. On the one hand, it is convenient. You do not need to save anything for the desired thing, but you can just buy it for borrowed funds. But there is a downside. First of all, overpayment is quite noticeable due to the accrual of interest on the amount of debt. In addition, now many banks charge customers hidden fees for certain services. We will understand in this article whether such accruals are legitimate, as well as the ability to challenge them and get back cash.

What is a loan commission?

The interest rate paid to the client bank by the client is not all the costs incurred by the clients. The loan commission can be called another item of expenditure. A lot of commissions, which until 2009 allowed credit institutions to compensate for a low rate, the Russian legislation recognized illegal. Return of commissions on loans is very relevant for today.

A credit commission is a payment for services provided by a bank. This can be: early repayment, loan servicing, loan issuance, loan application review, opening and maintenance of a loan account.

The commission payment can be calculated in a fixed amount or in the form of interest.

Do lenders have the right to withhold it?

In 2009, the Supreme Arbitration Court of the Russian Federation issued a resolution stating that the commissions charged by credit institutions for granting a loan are illegal. What gives the client of the bank, who practices the inclusion of commission fees in the contract, the right to return commission on loans. It is certainly so, but is it realistic to put it into practice? We'll figure it out.

Arbitrage practice

According to the decision of the Supreme Arbitration Court, the credit organization can establish a commission only for additional services, which do not include action in the form of maintaining a loan account, reviewing an application, providing loans, and others. These actions are related to the list included in the bank's duties. What will allow an organization or an individual to count when submitting a claim for a return of the commission to a positive decision.

List of illegal commissions

Return of commissions on loans is possible if they were levied illegally.

The status of those under the decision of the Supreme Arbitration Court received all the commissions included by the banking institution in the loan agreement. The most popular banking fees for commissions are: credit services, settlement services, loan account management, insurance, credit.

The legislation of the Russian Federation recognizes that any of the aforementioned commissions can be returned.

To find out if a commission was withheld, it is often enough to carefully study the terms and schedule of payments for the loan agreement. The display of commission payments can be seen almost always. Some fees may be hidden in the bank's tariffs. The loan agreement may contain a reference to the fact that the client agrees absolutely on any expenses that correspond to the rates of the credit institution. Tariffs can change constantly, but the borrower is not warned. Clients are in ignorance, for which they constantly pay commission fees.

In what timeframe can I return the commissions and insurance for loans?

Deadline for filing a statement of claim

The legislation of the Russian Federation established for the return of commissions the deadline for submitting an application in 3 years. In the event that the bank commission was repaid earlier, the borrower will have to abandon the intention to receive the repaid amount back. At the approach of the term to 3 years, according to the advice of lawyers, one should immediately apply to the court, without resorting to previous actions. Then you just wasted a lot of time.

Return of commissions on loans - procedure

The commission for a loan can be returned regardless of whether the loan has already been repaid or not, in the event that the claim has not yet expired. The borrower who decided to obtain the return of illegally commissioned commission payments on his own, it is necessary to adhere to the following actions: send to the bank a claim, a complaint to Rospotrebnadzor and then apply to the court.

Application to the bank

The claim for sending to the bank is prepared in 2 copies. The document should reflect the essence of the problem that arose with the borrower, request a return of the commission, including a reference to the ruling of the arbitral tribunal on the matter. Including the initials and addresses of the bank's customer. The claim is sent to the head office of the institution. One copy is intended for the bank, and the second to the employees of the office, the date of receipt is put on it, which should be monitored. The application should not take more than 10 days to process.

How exactly is the return of bank commissions and insurance on loans?

Appeal to Rospotrebnadzor

If there is no response from the bank within the prescribed time, the client will be entitled to file a complaint with Rospotrebnadzor. A copy of the claim with a bank note must be added to the letter. The credit institution will receive a fine from Rospotrebnadzor, and the recipient of the loan will have an advantage in the litigation.

Legal action

How can I repay a commission for issuing a loan through a court?

Appeal to the court should last, when the reaction of the bank did not follow even after applying to Rospotrebnadzor. Expenditures should not be feared, since the credit institution will have to compensate them. Since the case relates to the law on the protection of consumer rights, payment of the state duty for it is not provided for. The client can count on compensation for moral damage caused, interest for delay, which is related to non-fulfillment of the return requirements. Just for such a case, correspondence with a credit institution is necessary. The only graph of the borrower's expenses will be attorney's services, in case of a decision to resort to them.

Term of receipt of money

In what period does the commission of the bank return for a loan?

The average period for the return of commissions is 3-4 months. This period includes the following:

• The commission is returned voluntarily by the bank upon receipt of the client's claim within 10 days.
• If the amount of the claim exceeds 50 thousand, the case is considered by the district court within 2 months.
• The justice of the peace examines the claim with the amount less than 50 thousand within a month.
• The court decision comes into force within 1 month.
• The executive sheet is produced within 10 days.

Judgment is very rarely appealed by banks, however, when using this right, the time limit may extend for an additional 2 months. After receiving the writ of execution in court, the borrower sends an application to the RCC of the Bank of Russia. Money will be debited from the account of the credit institution and transferred to the customer's account. To return the commission to the borrower, you need to provide a loan agreement in the original, as well as receipts for payments made. The bank issues copies of documents.

Assistance to legal institutions

If the client is not satisfied with the commission for early repayment of the loan, he is entitled to apply to a private center for legal assistance to the public.

Acceleration of the process is possible when the client appeals to legal institutions that assist in resolving such issues. The most popular companies are the Center for the Return of Banking Commissions on the territory of Russia. This institution handles refunds for service charges and opening of accounts. Representative offices of the company operate in Moscow and some other Russian cities. In particular, organizations that struggle with illegal commissions can come to the aid of the borrower: the Rights Protection Center, the Financial Consultant, the Center for Legal Protection.

What happens when there is a conflict with the bank?

The return of bank commissions on the loan is now very popular.

But one of the main concerns of the borrower, who decided to get the commission back, is the cancellation of the bank agreement ahead of schedule. The court recognizes this action as illegal, as the agreement between the client and the banking institution should remain unchanged. Only the item on the payment of the commission will be deleted. Borrower such conflict with the bank may be threatened with refusal to re-borrow from this institution and fall into the category of problem clients. But this event is fixed in the credit history will not and does not affect the receipt of a loan in any other institution.

Conclusion

It can be concluded that to return a commission for issuing a loan is real, but it will require some time costs. Before applying to the bank for a loan, you must carefully weigh all the negative points.