According to the State Statistics Committee of Russia, the population of our country takes only 28 billion rubles worth of mortgage loans every month. In total, the population's debt to banks is about 3,500 billion in Russian currency, of which about 3% is overdue loans. It is clear that not everyone's life situation develops favorable over time. If the bank does not want to negotiate the delay of payments, charges exorbitant fines, then the only way is to file a claim.
Instructions
Step 1
In many cases, it is illegal for the bank to bring an owed client to civil liability in the form of penalties, fines and various types of penalties. Most of those who find themselves in a difficult life situation simply do not know how to defend their rights. Unable to make the next payment, the client of the credit institution falls into a trap of fines, which increase the debt like a snowball. If this is a mortgage loan, the debtor is in real danger of losing the apartment, which is pledged. There are no hopeless situations. You need to file a claim against the bank.
Step 2
The reason for filing a claim in the described case must be objective reasons that do not allow at the moment to pay off debts. In this case, the bank's client must first apply to the bank with a request to restructure the loan. This should be done before the next payment is required. The loan officer will need to prove that you are experiencing temporary difficulties that you will soon resolve. Most often, banks are accommodating to the client and can give a delay of up to 4 months without charging fines during this time. Be sure to write a statement, leaving all the copies certified by the office.
Step 3
Find out the terms of the pre-trial settlement. They must be spelled out in the loan agreement. Before going to court, you must go through this stage without fail. If the bank does not agree to the debt restructuring, you will have proof that you wanted to negotiate.
Step 4
If it is impossible to come to a consensus, it remains either to wait for a claim from the bank, or to go to court yourself. In the second case, the application is submitted at the place of contractual jurisdiction, which is indicated in the loan agreement. Most often this is the legal address of a bank branch. However, under the Consumer Protection Law, an individual can file a claim at his place of residence.
Step 5
It is very difficult to draw up a statement of claim on your own without knowledge of the relevant articles of the laws. If the price of the issue is high, then it makes sense to hire an anti-collector - this is a lawyer who specializes in dealing specifically with loan delinquencies. He will draw up a statement and will negotiate with collectors and the bank, will represent you in court. The minimum that you can achieve is deferrals for the time of enforcement proceedings, as well as reducing fines to reasonable numbers; maximum - lifting the arrest from the pledged property, debt restructuring with the preparation of a new payment schedule with a delay of several months.
