Unfortunately, not all borrowers carefully study loan documents before signing them. The result is that such an inattentive person can get a loan not at all on the terms on which he hoped. But the borrower, if he believes that the bank acted illegally, remains the opportunity to challenge the loan agreement. How can this be done?
Necessary
- - contract;
- - money to pay for the services of a lawyer.
Instructions
Step 1
If you are not a financial lawyer, find a lawyer who deals with similar matters. This can be done using the directory of organizations in your city, on the Internet, or on the recommendation of relatives or friends who have already turned to such specialists.
In order not to attend each court session in person, get a power of attorney certified by a notary for your legal consultant to represent your interests in court.
Step 2
Have a lawyer analyze the agreement for compliance with the legislation of the Russian Federation. Please note that the laws are not retroactive. For example, in 2010 a federal law was passed prohibiting banks from unilaterally changing the interest rate on a loan. The financial institution is now required to obtain the consent of the borrower. But this provision does not apply to agreements signed before the adoption of the law, and, therefore, they cannot be recognized as invalid on this basis.
Step 3
There are several situations in which you can dispute a loan agreement. One of these situations is fraud, for example, if a certain person, using your passport data with the connivance of bank employees, has entered into an agreement in your name. Another situation is, for example, the pledge of joint property without the consent of the second spouse. There are other options that an experienced lawyer can suggest.
Step 4
File a lawsuit with your lawyer. It must indicate the reasons for the district court at the place of residence.
Step 5
If the decision is not in your favor, but you still think you are right, appeal to a higher court.
