When? if the bank's actions are not based on the law and violate the rights of borrowers, then the most effective means of protecting their rights is initially the use of an extrajudicial procedure.
To do this, firstly, it is necessary to carefully study the agreement for the indication of the commissions on the loan (for servicing, making monthly payments, etc.). If the commissions are not indicated either in the loan agreement or in the annexes to it, the borrower has the right not to pay them.
Secondly, if the bank requires the payment of additional commissions, in addition to those provided for by the loan agreement, then the borrower must contact the bank in writing with a claim, describing the whole situation in detail, indicating that the bank unilaterally changes the terms of the loan agreement by unreasonable charging of commissions on the loan.
As a result, the borrower, by virtue of Art. 12 of the Civil Code of the Russian Federation, there is a right to demand reimbursement of the amount paid as commissions on the loan, if such payments were made. In this case, the borrower has the right to demand that the specified amount of payment be made as a loan repayment or use another way to protect his rights, incl. demand to change the terms of lending - if these provisions of the loan agreement violate the law. In the future, it will be possible to demand, including in court, the recognition of the loan agreement as invalid (in whole or in part).
After sending a claim to the bank, it is necessary to wait for a response to the submitted claim, if it arrives within the appropriate time frame (according to the agreement regarding the consideration of the claim procedure for resolving arising disputes and disagreements, if it is prescribed, or on the basis of Article 22 of the Law of the Russian Federation "On Protection of Rights consumers ", in which a ten-day period is established).
In the end, in the event? if the disputed issues and disagreements are resolved, then the out-of-court procedure for considering the dispute is terminated. If the parties do not come to a mutual agreement, then the dispute in question will be resolved only in court. And if you are not confident in your abilities, then in order not to make mistakes, it is advisable to contact a competent, qualified lawyer.
