Taking a loan, a person receives the obligation to pay the bank a monthly payment with accrued interest. However, in court practice there were also opposite cases when the borrower returns a certain amount paid to the bank earlier.
If you are applying for a loan and are looking for ways to reduce the cost of paying the loan, the following methods will help you get some compensation.
Additional paid services
When applying for a loan, lenders insist on the inclusion of paid options, and the client agrees to the conditions, fearing not to receive the required loan amount.
Payment for additional services is often charged with prepayment, at the time of issuance of the loan amount the bank simply deducts paid services. The commercial structure is clearly not interested in whether the paid service will be claimed.
Do not be discouraged and credited the funds spent in financial losses. In court practice, there are cases when the borrower returned the funds taken by the bank to pay for the additional option. Which was unclaimed due to the early closure of the loan debt. The decision to satisfy the requirements of the borrower was taken by the Supreme Court of the Russian Federation in case No. 49-KG18-48 on the basis of a complaint from the consumer protection company.
SMS alerts, paid access to a personal online account, prepaid plastic reissuing turned out to be unclaimed – the entire loan was returned to the borrower about 64,000 rubles, which included the amount of moral compensation and a fine in the interests of the client.
As stated by the Supreme Court, the borrower is the same consumer who is subject to consumer protection provisions. The right to refuse the service on their own will applies to users of credit services, and the early closure of the loan was proof that the client refused to use banking services.
In case of early repayment of a loan, clients try to return a part of the amount that turned out to be unclaimed. While the legislators are determined with clear criteria for the admissibility of the return of the insurance premium, the burden of reviewing financial claims against insurers fell on the courts. While there is no unified position on the issue of return of insurance, and the Supreme Court sets out the question as follows.
When repaying a loan, the right to repay part of the value of the unused period appears if the contract indicates a direct relationship between the amount of the loan debt and the cost of the services of the insurer. If the amount of the premium paid annually changes in proportion to the decrease in the remaining debt, then with full repayment of the loan, the estimated cost of insurance is reset. This helps to justify the position of the borrower when it comes to returning part of the funds for the unused but paid insurance period.
Such disputes forced the insurers to adjust the actions, excluding from the contract binding of the insured amount to the size of the debt. As a result, the situation has arisen when the borrower has to buy a policy with a fixed amount of the sum insured, unchanged for the entire loan repayment period. Even paying the entire loan, the borrower is left with the same sum insured under the contract as with the loan. The only way to return the amount is when the conditions of the insured event occur, when the company undertakes to pay compensation in full.
Commercial profit of the bank is closely related to the commission paid by customers when using the services of the lender. A rare loan does not include the cost of paying a bank commission. Yet the legitimacy of some should be questioned.
To assess the reasonableness of the commission charged, proceed from the position of the Supreme Court of Russia. The fee is considered legal if a commission is appointed for a specific financial service, outside of credit relations. In other words, the actions that the bank is obliged to perform in order to fulfill its obligations under the loan agreement are not additionally paid.
Among unreasonable or doubtful commissions there is often a fee for opening a loan account, its maintenance, and solvency testing. The lender takes these measures in any case, and does not have the right to add to the cost of the loan in addition.
More accurately determine the legality of the recovery will help the trial. In each case, specific circumstances are considered.
If the client returns the debt through the terminal or on a card issued specifically for repayment, the chances of returning part of the commissions are high.