How to borrow a PTS from the bank for a while. Does the bank always take the title when applying for a car loan? Early loan repayment and issuance of PTS

Good afternoon I repaid a car loan at Aimani Bank (Kirov branch) and received a certificate of full repayment of the loan on October 25, 2016. The problem is that the bank does not issue PTS. According to information received from the operator " hotline"The issuance of PTS has been temporarily suspended by the temporary administration of Aimani Bank. Tell me what to do in this situation? There is an idea to send an application for the issuance of PTS, by registered mail with notification of delivery to the temporary administration of Aymani Bank. Is it correct? Please advise what to write in the application? Thank you.

Hello Ella! According to Article 20 Federal Law No. 395-1 “On Banks and Banking Activities”, when a license is revoked, the bank returns to clients of the credit institution their securities and other property accepted and (or) acquired by the credit institution at their expense under storage agreements. Considering that you have fully fulfilled your debt obligations to the bank, your vehicle passport (PTS), which is entirely your property and does not act as collateral for the loan, must be returned in accordance with the terms of the loan agreement.

To put all of the above more simply, then after repaying the loan, your PTS is another property of the client of the credit institution, which was transferred under a storage agreement, and was also purchased with your money. That is, it must be returned within the time frame specified in your loan agreement, since it remains fully valid until all obligations under it are fully fulfilled by each party to the transaction.

As for the claim, it should be sent to the temporary administration of AiMoneyBank. It is compiled in free form with sequential instructions:

Whose name and address. Here you can simply write to the Temporary Administration of CB AiMoneyBank LLC. Address: st. Vyborgskaya, 16, building 2, Moscow, 125212.

From whom. Write your full name and registration address.

The word "Claim".

Next, describe in detail the essence of the complaint. For example, between me (your full name) and the bank (name of the credit institution with the form of ownership) there was an agreement loan agreement No___ from ___. As security for the loan, I transferred the vehicle passport (PTS) for safekeeping to the bank, in connection with which an agreement (addition to the loan agreement, etc.) No. ___ was drawn up.

On such and such a date, I fully fulfilled all obligations under the loan agreement, paying the entire amount of debt, including accrued interest for use borrowed money. As confirmation this fact I received a certificate from the bank (No. ___ dated ___) about full repayment of the loan.

In connection with the full and timely fulfillment of my obligations, I ask the bank, in accordance with paragraph ___ of the loan agreement (if the conditions for the return of the PTS are described), to return the PTS within the established time frame.

Please send your response, in accordance with Article 22 of Federal Law No. 2300-1 of 02/07/1992 “On the Protection of Consumer Rights”, within ten days after receipt of the claim to the address: ___. Please also notify by phone: ___

This is only an approximate option, which you can supplement with nuances indicating details (dates, document numbers, telephone numbers, names of employees, etc.).

Enter the date of compilation.

Your signature, last name and initials.

The word “Attachments” and make a list of copies of documents that will be attached to the claim. In your case, this is, at a minimum, a copy of a certificate of no debt to the bank.

What further action you may be required to take will depend on the response to your complaint.

Answered by: Victoria Loginova, legal consultant at OccupyOnline.ru.

But if he is detained for longer period, then the financial institution can impose penalties for each day the deadline is missed - on average about 500 rubles every day. It should be noted that contractual obligations establish a provision for recovery upon violation of intangible obligations and establish sanctions. The fact of failure to fulfill the obligation to return a document is established by sending a notice to the borrower's registered address. But such actions are not necessary, since it is not the bank’s responsibility to remind the car owner to return the documentation. Many years of experience of car borrowers shows that a credit institution may not require the passport back if loan payments are made for a significant period of time without delays. Therefore, the PTS can be left until the first non-payment. Sometimes a passport may be required to sell a pledged car.

Lawyer's advice: what to do when the bank sold the debt to collectors?

Attention

So, only communicate with the bank in writing; everything you send to them, put a mark that the document has been accepted. You can write a statement to the bailiff for the return of money, but the money will not be returned to you.

Info

In general, we need to understand this situation, why writ of execution There is no information about the bank account number. For now, write a letter to the bank asking them to inform you about your debts, and then with this letter you need to go to the bailiffs.

If you still have questions, write. I'll be glad to help you. Olga (10/26/2013 at 07:33:25 pm) Oksana, excuse me, another question: if the bank responds in a letter that there is no debt to the bank, and the loan was sold to a collector, and indicates the name of the CA, what should the bailiff do? She claims that she only needs a certificate that there is no debt.

On what basis did the bank transfer the title of the car to collectors?

Important

Do you have an answer to this question? You can leave it by clicking on the Reply button. But they told me about this in ROSBANK, namely, your PTS is located at CA MORGAN AND STOUT question number No. 2057586

• Hello Pavel! When you take out a car loan, you write an application in which you undertake to transfer the title to the bank (usually within five days). You handed it over. Further, allegedly, the right to claim your debt was transferred to a certain LLC (which is illegal, and Rospotrebnadzor has already warned about this, namely, JSCB Rosbank).

If the right of claim is assigned, you must be notified of this in writing by providing an assignment agreement. You have the right to demand from the LLC (the so-called collectors) the original or a duly certified copy of this agreement. They are required to prove that an assignment agreement was concluded.

Selling debt after trial: is it possible?

If the borrower has fulfilled all obligations to repay the loan, determined by the provisions of the agreement, and also notified the bank in advance about the early repayment of the amount, then the lender does not have the right to illegally retain the document. In such a situation, it is possible to present legal claims To financial organization about illegal actions.
How to leave the title to the owner when applying for a car loan The status of the vehicle passport, as an intangible obligation of the borrower to the banking organization, in reality practically does not provide them. This is more of a psychological measure. This has little effect as a fraud prevention.
After all, the bank, in fact, does not care who owns the car. If problems arise, he will resort to legal prosecution; by court decision, the car will be confiscated in favor of the initiator, regardless of where it is located.

Can a bank sell debt to collectors?

Forum 5,033 Discuss Questions 532,940 Ask Participants 437,713 Join Lawyers 9,945 Watch Free legal consultation Along with the topic “Morgan & Stout” they are also searching for: In 2007, I took out a car loan from ROSBANK in the amount of 200 thousand rubles, paid about 170 thousand, in 2009 The bank transferred my debt to KA Morgan & Stout, they did not provide me with any documents confirming that KA bought my debt, they call, threaten, demand to sell the car with a title, and refuse to return it. How can I take the PTS from them? Is it legal for them to keep the document? Question number No. 2057534 read 221 times

• Paul! The bank could not transfer the PTS to the collectors.

  Pay response Continue dialogue WITH RESPECT, LAWYER TORCHIGIN DMITRY SERGEEVICHwww.advokat-t.ru tel.

How to correctly pick up a PTS from the bank after repaying the loan

This is the most negative procedure of all those named, since it has unpleasant consequences for both the lender and the borrower. When the loan holder stops making monthly payments, the other party has the right to take legal action.

According to his decision, the car is subject to confiscation and sent to the penalty area. Subsequently, an auction is announced where anyone can purchase it at a price lower than the market price by 20-30%.

In addition to significant losses in funds, the car owner receives a bad credit history and is obliged to pay legal costs, penalties for overdue loans, FSSP interest, fine-platform service and income tax. The amount from the sale can sometimes cover no more than 30% of the cost of debt obligations.
The rest will have to be paid independently. The main advantage of this procedure is the speed of its implementation.

Not found

Good afternoon. If you're interested, I'll tell you how it was for me. I took out a car loan, paid like the majority of people, first on time, then not on time, then stopped paying altogether.
I went to the bank to have a good talk - they say that penalties, interest are snowballing, and in general I’ve been paying you for 4 years to maintain a loan account when it was cancelled. In short, they didn’t want to talk, they said sue. So I went. She filed it herself without lawyers or attorneys. And the court awarded me, saying that the bank must return 40 thousand for maintaining the account. And by this time I had a principal debt of 80 thousand and a penalty for late payments for all years of 90 thousand. Here I good people They say. Now these 40 thousand won in court will be written off not from the main debt, but from the penalty of 90 thousand. And the lump will grow again, don’t go to these offices, there are stupid pawns sitting there, go to the bank manager, ask them to write it off in half.

Can a car be taken away for non-payment of a loan?

The most unpleasant moment for the borrower is if the proceeds from the sale are not enough to repay the principal debt. Then the borrower will be left without a car and will still owe the bank.

He will have to continue to pay the loan for a car that he no longer uses. This procedure has one more disadvantage. Until the car is sold and the principal debt is not repaid, the amount of accrued fines and penalties will continue to grow.

What to do if the car is taken? A borrower who has lost his car for debt has several options. Option 1. Agree on installment payments with the bank. This option is possible if the borrower has already proven himself with the best side before the bank and regularly paid the car loan for a long time.

The presence of a corresponding provision in the agreement cannot serve as a basis for signing such an act. In this case, the bank must provide a photocopy of the PTS, certified by the institution, with a note that it has been transferred for safekeeping.

What needs to be done to get a PTS from a bank. There are two situations when you can pick up a passport:

1. Before repaying the loan;
2. After repayment of loan obligations.

Before repaying the borrowed funds, for this you will need to draw up a motivated statement indicating good reason. The PTS will be issued for a certain time to carry out the necessary registration actions with the car at the traffic police. After this, it must be returned to the banking organization. Different banks can issue a passport for different terms up to 15 days.
We explained above that under such circumstances, no one needs to pay anything, because it has not been proven whether your bank actually sold the debt to collectors. What to do next? You can just wait patiently, and after 3 years from the date of sale of the debt, according to the collector, you will be able to file a claim to write off the debt due to the statute of limitations. But this does not mean that one should deliberately “evade” one’s obligations, although on the other hand, who prevented claimants from proving their rights and powers legally? And yet, creditors most often win such cases. We do not recommend that you resort to trickery.

How can a bailiff return a title after the bank sells it to collectors?

Several years ago I was an employee of Sberbank, which I was very proud of. Even after I quit, I thought it was good school for a beginner specialist. Strict discipline, compliance with all procedures, regulations and standards. Work until the last client and for the client! And the credit system - differentiated payments - considered distinctive feature- the advantage of Sberbank over other banks. And therefore I clearly decided for myself that if I take out a loan, it will only be from Sberbank.

On December 27, 2007, I entered into a loan agreement No. 42734 with the Joint-Stock Commercial Savings Bank of the Russian Federation (additional office No. 6991/0299 of Sberbank of Russia) in the amount of 429,600 rubles (Four hundred twenty-nine thousand six hundred rubles) for the purchase of a Chevrolet Lacetti car (VIN: KL1NF486J8K75209. At that same day cash were transferred to the car dealership "VIP-AUTO" LLC and I paid a commission in the amount of 8592 rubles (Eight thousand five hundred ninety-two rubles). On January 09, 2008, after receiving the state number, I provided the PTS to the bank, where an act of acceptance and transfer of the vehicle passport was drawn up, as well as a Chevrolet Lacetti vehicle was inspected and a corresponding report was drawn up to verify the availability and safety of the vehicle.

Throughout the entire loan period, I contributed funds to repay the loan in a timely manner and in full. Provided the car for inspection, paid for CASCO and OSAGO policies on time. She also notified the bank about a change of job, contact information, etc.

On February 3, 2012, I repaid the loan in full ahead of schedule.
On February 7, 2012, the bank called and said about her intention to pick up the PTS, an employee named Zhanna politely answered me where and when I needed to go. Then she called again and asked to prepare the PTS and the necessary certificates so that I would not have to come again (since the procedure for issuing PTS and certificates is different in different banks). The same employee told me that they would do everything in front of me.

On February 9, 2012, I arrived at the “Support Department” of the bank. I was greeted in office No. 35 by a friendly employee, Zhanna. I explained that I had fully repaid the loan and I needed a vehicle title and certificates for the traffic police about full repayment of the loan. The specialist went to get the PTS and, returning 15 minutes later, said that there was no PTS, but she would make a request to the archive and would definitely call me back (the specialist clarified my phone number). The specialist issued me a certificate for the traffic police and a certificate of full repayment of the loan (for which I paid 100 rubles).

Without waiting for a call from the bank, I called there myself on February 13, 2012. This time another specialist answered me. I explained the reason for my call, to which they answered that they would invite Zhanna now, but then they offered their help in finding a PTS. The specialist promised to call back in 15 minutes. A bank employee called back, but after 1 hour, and confirmed the absence of my PTS and offered to come to the bank for a letter to restore the PTS from the traffic police. When I asked at whose expense the restoration would be and who would spend time on it, then I was asked to write a claim. I replied that I would come next week. After 1 hour, they called me again from the bank and suggested that I come with my claim not to the “Support Department”, because... They have nothing to do with it, but to the branch where they gave me the loan, but because... The branch that issued me the loan is now under repair, then to the branch on the street. Fizkulturnaya no. 72.

On February 24, 2012, I wrote a claim to the Volga Bank of Sberbank of Russia OJSC, where it was registered. I was offered to call in 10 days to find out the result (as they explained to me, the maximum period for responding to a claim is 30 days). Two weeks later they called me and said that the title for my car was not found anywhere and that the only option was to restore the title. I again explained to the bank employee that, in accordance with the terms of the agreement, I had transferred the PTS to the bank, as evidenced by the act of acceptance and transfer of the vehicle passport, I had fulfilled my obligations to the bank in full, and now I want the bank to fulfill its obligations, namely, returned it to me original PTS my car, because I'm not happy with the duplicate.

A few days later the bank called me again and suggested that I restore the PTS, and the bank would compensate me for the cost of the state duty that I would pay for the duplicate PTS. I explained to the employee that I did not have time to deal with this procedure, because... I work from 9-00 to 18-00.

At the beginning of April, I called the Sberbank employee who accepted my claim and reminded me that the deadline for providing a response to my claim had already expired, but there was still no response. The employee replied that he would call me back today. But the call never came. The next day, another bank employee called me, introducing himself as the Deputy Manager of the branch where I took out the loan. And again I was offered to restore my title. I'm in Once again I explained to the bank employee that I needed the original PTS, and also explained why I was not satisfied with the duplicate of this document. I think that as a bank employee who is involved in car lending, there is no need to explain obvious things. I reminded the specialist that more than a month had passed and there was still no response to the complaint. Although, when the manager of the branch where I took out a loan called me three weeks ago, they assured me that the answer was already ready. Without waiting for an answer, April 18, 2012. I wrote a claim addressed to the Manager of the Volga Bank of Sberbank of Russia OJSC, Dmitry Vladimirovich Kurdyukov. My appeal was registered and they promised to respond within a month.

April 21, 2012 I received a letter from Sberbank. Having opened it, I was surprised to find that instead of a response to my claim, they sent me a COPY of a notification that the title of my car was lost due to the fault of the bank. I myself work in a bank and know how responses to a claim are drawn up, but I did not expect such incompetence on the part of Sberbank employees. I have fully fulfilled my obligations to the bank, so why is the bank not fulfilling its obligations? If I were late in paying the loan, I would pay fines and penalties to the bank as compensation. So what kind of compensation and in what amount will I receive from the bank for the fact that since February 9, 2012 I have not been able to receive the original title of my car. Until now, I have not received an official response to my claim, although when registering my claim I was notified that I would receive a response within 30 calendar days. As far as I know, this is not the first time that the borrower’s original PTS has been lost at the Kirov branch of the Volga Bank.

I believe that after all, all I have to do is contact the police about the possible registration of another car using the PTS of my car (such cases are not uncommon now), then this case falls into the category of criminal, as well as to the court for the forced return of the PTS by Sberbank to its rightful owner. As one of the Sberbank employees correctly told me: “We used to have everything for the client, but now everything is for the business.” Only in pursuit of business can everyone good clients lose!

SOLUTION

IN THE NAME OF THE RUSSIAN FEDERATION

Leninsky District Court of Nizhny Tagil Sverdlovsk region as part of the presiding judge Osipova N.Yu.,

under secretary D.A. Pavlenko,

with:

plaintiff Kupriyanov D.V.,

representative of the plaintiff Demenko A.B.,

representative of the defendant Drovnyashina A.N.,

having considered in open court civil case No. 2-1311\2013 on the claim of Kupriyanov D.V. against Otkryty joint stock company"Tagilbank" on declaring illegal the refusal to return vehicle passports and imposing an obligation to return vehicle passports,

INSTALLED:

Kupriyanov D.V. filed a lawsuit against Tagilbank OJSC to declare illegal the refusal to return vehicle passports and impose the obligation to return vehicle passports to the car<...>, state register sign No., as well as for the car<...>

In support of the claims, the plaintiff indicated that DD.MM.YYYY a loan agreement was concluded between him and the defendant, this loan agreement was secured by a pledge of vehicles - a car<...>, state registration plate No., as well as a car<...>, state registration plate no. When concluding the pledge agreements, they were given the vehicle passports for these cars to the defendant, as the pledgee. Believes that the loan was closed by him in<...>year. He appealed to the defendant with a request to return the vehicle passports to him, to which he received a written refusal. He does not agree with this refusal.

At the request of the plaintiff, D.I. Azankov was brought in to participate in the case as a third party on the plaintiff’s side, to whom the plaintiff, under a contract for the sale and purchase of a motor vehicle dated DD.MM.YYYY, sold the vehicle -<...>, state registration plate no.

At the court hearing, the plaintiff supported the stated demands, the subject and grounds of the claim in full. He explained to the court that DD.MM.YYYY he entered into a loan agreement with OJSC Tagilbank, to secure which he pledged a vehicle to the bank - a car<...>, state registration plate No. and car<...>, state registration plate no. When concluding collateral agreements, original vehicle passports are presented to the bank. As a result of the difficult financial situation was unable to repay the loan on time, and therefore the Bank initiated trial, by a court decision, the debt under the above-mentioned loan agreement was collected from him ahead of schedule and the mortgaged property was foreclosed on. IN<...>year, he fully complied with the court decision, which is confirmed by the order of the bailiff on the completion of enforcement proceedings. In DD.MM.YYYY, he contacted the defendant with an application for the return of vehicle passports (PTS), but the Bank refused to return the PTS, citing the fact that the loan agreement had not been fully fulfilled by him, since there was arrears in paying interest. Believes that, by virtue of Art. , he fulfilled his obligations to repay the debt under the loan agreement, after the execution of the court decision, the obligation is considered terminated, and therefore, the Bank’s actions to refuse to return the PTS are illegal.

The plaintiff's representative explained to the court that he considered the stated demands to be legal and justified. After the termination of obligations under the loan agreement, the vehicle pledge agreements were also terminated, and therefore, the Bank illegally withheld the vehicle title. He also explained that it is difficult to obtain duplicate PTS. In addition, the sale of vehicles using duplicate titles may raise doubts among potential buyers regarding the ownership of the vehicles by the plaintiff. Since the defendant did not properly prove the fact of returning the PTS to the plaintiff, the Bank is obliged to return the originals of the PTS.

The representative of the defendant, A.N. Drovnyashina, acting on the basis of a power of attorney, did not recognize the claim, explaining the following. The bank cannot return D.V. Kupriyanov. originals of the PTS for the pledged vehicles, since they do not have them, only copies of the PTS are available in the credit file. He cannot say the exact date, but in the summer of DD.MM.YYYY, when the plaintiff once again applied to the Bank for the issuance of PTS, these documents were returned to him. Internal documents The Bank stipulates that when, during a pledge, the Bank takes away the title to the vehicle from the pledgor, then he is given an act of transfer of vehicle passports to the Bank. When the title is returned to the pledgor, the deed is confiscated and destroyed. The plaintiff does not have such a certificate, which indicates that the PTS Bank returned the PTS to the plaintiff, and the document was destroyed. The presence of a letter from DD.MM.YYYY about the refusal to return the title to the pledged vehicle to the plaintiff due to incomplete repayment of the loan is not disputed, since Kupriyanov D.V. obligations under the loan agreement were not fulfilled in full, the Bank is collecting additional interest from the plaintiff, about which a statement of claim was filed in court.

The third party on the plaintiff’s side is D.I. Azankov, duly notified of the day and place of the hearing, in court hearing did not appear, send an application to the court with a request to consider the case in his absence.

Judicial practice on:

By pledge, by pledge agreement

Arbitrage practice on the application of Art. 334, 352 Civil Code of the Russian Federation

Updated: 06/29/2018 3845

Car loan: all legal ways to withdraw vehicle title from the bank

Hello, dear car enthusiasts! In today's article I will tell you how to pick up a title from the bank if the car is on credit.

Motorists have situations when they need a vehicle passport (PTS) for any action. But what to do when you have a credit car and if it is pledged to the bank, which has taken the PTS for safekeeping.

After all, they won’t just hand him over. Moreover, in some circumstances related to PTS, the bank may impose very significant fines on you. And if you don’t know anything about this, you can even lose your car, remaining in debt for the loan itself!

To avoid all the pitfalls, read the material I presented on this issue and sleep soundly.

To help you better understand the essence of the matter, I will briefly give you information about some basic things about which ordinary people either they don’t know, or they present them in the wrong light.

It is no secret that most banks in the Russian Federation, when providing car loans, practice confiscating the car owner’s title for the collateralized car. There is still debate among motorists about the legality of such actions: some say that it is illegal, others are convinced of the opposite.

All this creates an unhealthy information smog, in which it is difficult for people faced with specific cases to navigate in the right direction. I will try to dispel this very information smog regarding our question on PTS, so that you have unambiguous and clear information.

I’ll say right away that both sides can be right here. And all the confusion arose due to a one-sided understanding:

• Law of the Russian Federation on this matter;
• Bank documentation on this matter.

Both are valid, but often contradict each other. See:

• According to the third paragraph of the Civil Code of the Russian Federation (Article 329): the retention of PTS by the pledgee (bank) is not considered a legally significant point in the pledge agreement.
• According to the second document: “Regulations on PTS” (clause No. 9), provision of a PTS when registering a car is mandatory, and clause No. 15 provides for storage of the PTS with the owner/owner.
• According to the third document: “Regulations on the passport of a self-propelled vehicle” (clause 2.9), the PTS must also be kept by the owner/possessor.
• Based on all this, in accordance with Article 168 of the Civil Code of the Russian Federation, the seizure of the title of credit cars by banks has no legal force.

But at the same time, when drawing up loan and collateral agreements, banks take into account the provisions of the above-mentioned documents, and they are drawn up in such a way that their legal force is fully competent.

Therefore, if your agreement with the bank contains legally clear obligations regarding the withdrawal of PTS for storage by the bank, then you will not be able to resist this. If these points are not present, or they are vague, then it is quite possible not to give the PTS.

But this will not help us much because if you start “downloading your rights,” the bank will refuse to lend. Although you should note this possibility itself, we will return to it later.

How the bank takes the title from the car owner

The standard situation with PTS for car loans is as follows:

• You buy a credit car at the dealership and sign a package of agreements (loan and collateral);
• You are given a PTS along with the car, but only for a while - so that you can vehicle(TS) necessary registration actions in the traffic police;
• After re-registration, you give the PTS to the bank for safekeeping.

The period for re-registration may vary from bank to bank, but usually it ranges from 10 to 15 days. If you hold your passport for a longer period without a valid reason, the bank may charge you a fine. It also varies, but on average it is a considerable 500 rubles/day.

By the way, few people know about this, although it is written down in the contract (many people read it inattentively) and often people have to pay the bank an additional bribe.

And now about a very important nuance regarding the transfer of PTS.

Attention! The PTS must be transferred to the bank with the obligatory execution of a transfer and acceptance certificate. The presence in the contract of a corresponding clause on responsible storage is not a basis for refusal to draw up such an act.

If the bank is a reputable institution, then in addition to the transfer and acceptance certificate, you will additionally be given a certified color photocopy of the PTS, which states that the original document has been taken for safekeeping.

How to pick up PTS from a bank

Now let's find out how you can pick up PTS from the bank in various cases.

Here car owners are divided into two categories:

• Those who need to pick up the PTS before repaying the loan;
• Those who need to pick up the PTS after repaying the loan.

How to pick up PTS from the bank before repaying the loan

I'll answer right away main question: is it possible to do this? Yes, you can! But the bank won’t just give you the PTS. To do this, you need to motivate your desire with some good reason.

Here is their main list:

• Constructive loss of a vehicle, which is an insured event;
• Change of state license plates (with the appropriate certificate from the traffic police);
• or place (if supporting documents are available);
• Loss of the vehicle registration certificate (VRC).

For these reasons, any bank is obliged to temporarily issue you the original PTS. What time period is this? Usually it is fixed: 5-7 days, and often such a service is paid (approximately from 700 to 1500 rubles).

PTS is issued upon your written application, which indicates the reasons why you need it.

Please note that in the agreement with the bank, which stipulates the clause on the provision of PTS for storage (section “duties”), in another section (on the borrower’s responsibility), the type of penalties for violation of non-monetary obligations is usually written down, which is punishable by a considerable fine.

The very fact of a violation can be offset after sending a notice to your address, but this is not always done, since under the agreement the bank is not obliged to specifically remind you of the points you signed.

Therefore, if the bank demands the PTS back, then it is better to take it back so as not to run into a fine.

But the experience of many car borrowers shows that banks may not require your passport back if you have already been paying installments on the loan for some significant period. The main thing here is to be careful: if there were no late payments, then you can keep the PTS without any consequences, but only until the first non-payment.

If you need a PTS not for re-registrations, but for, then you have three options:

• – for a period of 5-7 days, with early repayment of the loan and the subsequent conclusion of a full transaction with the buyer under the DPA (purchase and sale agreement). In this case, in order to pick up your passport, it is best for you to inform the bank that you have lost the STS;
• Finding a client and preparing the entire transaction, obtaining permission from the bank for the sale and conducting a full transaction with the participation of the bank;
• If the agreement with the bank does not contain conditions for the withdrawal of PTS for safekeeping or these conditions are not clearly stated, then you may well demand a passport, citing the law. You need to demand it in writing, and if the bank’s answer is negative, then you will definitely win a lawsuit in this regard.

I will add that very rarely banks provide their own courier with a PTS specifically for registration or meeting the borrower with the buyer, so as not to let go of the passport. The service is paid, of course.

By the way, they usually manage to sell a car in exactly short term(1-4 days) at a reduced cost, without even resorting to duplicating the vehicle title in the traffic police. And the presence of PTS as an additional collateral does not protect the bank from fraud at all - PTS can be successfully requested from the bank by both an honest person and a swindler.

How to pick up PTS from the bank after repaying the loan

Despite the fact that, by all logic, after repaying the loan there should be no problems with the return of the PTS, this is not always the case. Yes, some banks give you your passport immediately after making the last payment at the cash desk.

But in some, the issuance of PTS may be delayed. Sometimes this happens due to banking regulations accounting entries, when the transfer of funds from the borrower’s account to the lender’s account is determined not by the fact of depositing money itself, but by the onset of the reporting and accounting monthly date (usually the 25th or 30th of the month).

For example, if you deposited money on the 15th, the bank will only credit it on the 25th or 30th, and you will be given a PTS only after crediting. In this case, if it is not possible to wait, you need to try to persuade employees to enroll in manual mode, contacting the head of the department - this usually works.

Well, in general, such rules should be spelled out in the contract, and if the conditions for the return of the PTS are not there, then you need to insist on their inclusion or at least clear announcement.

Sometimes it happens that, according to bank rules, collateral PTS must be stored in the central office. And then, if the borrower is from the regional periphery, you can wait a very long time for the document to be returned. If there is a suspicion of negligence of employees in this matter or deliberate unreasonable delay, then the head of the department should be notified in writing with a complaint with a threat of legal action.

Is it possible to keep the title when taking out a car loan?

This is a fairly relevant topic and I will briefly dwell on it here for complete clarity of the issue.

The point here is that the status of PTS as a non-monetary obligation of the borrower to the bank, in fact, hardly ensures these obligations. That is, the banks take the PTS in the form of additional collateral in in practical terms plays more of a psychological role.

This has little effect on the degree of fraud prevention. After all, the bank essentially doesn’t care who has the car: you, the fraudster, or the victim of the fraudster. What gives the bank confidence is not the title, but the possibility of prosecution, in which the car will be confiscated in favor of the creditor in any case, no matter where and whoever has it.

This is all because credit cars have two ownership statuses:

• Legal - according to the law, the buyer is the owner and creditworthiness is not taken into account here;
• Actual - in fact, the owner of the credit car is the bank, which remains the owner until full repayment loan.

And even if the car is stolen or damaged, the CASCO policy required for car loans will cover the lender’s losses.

As you can see, banks have protected themselves from all sides, and some of them, with a “lordly gesture,” give the car borrower the opportunity to keep the title. And since you are dealing with businessmen, you will have to pay a fairly high interest rate for this “gesture of goodwill”.

And some particularly advanced banks offer a car loan option without withdrawing the vehicle title and without mandatory CASCO insurance (which is hefty in price), but for almost 30% per annum!

Here I will advise you, if you are a bona fide purchaser, not to get involved with such offers, but to give the vehicle title for storage and get credit at the usual rate. Why do you need extra expenses?

PTS from the bank will not go anywhere. There are rumors on the Internet that dishonest employees can sell your car using your passport. Don't believe it. Only the official owner (that’s you) can sell a car, and the bank (the actual owner) can sell its car only after it has been seized from you by court decision.

Plus, you must have a certificate of acceptance and transfer of your passport in your hands. Well, responsible banking itself involves special conditions with limited employee access and protection from physical damage.

Regarding the latter, this is protection from fire, flooding and rodent pests. It’s not funny about rodents - there are cases when at enterprises in fireproof cabinets of human resources departments mice were ground down “to zero” work books hundreds of employees are quite a lot.

• You have the right, after temporarily using the PTS, to send it back to the bank for safekeeping by a valuable letter. Two copies of the Inventory of Contents must be attached to the letter. The shipping receipt and one marked copy of the Inventory remain with you. For the bank, the date of transmission in this case is considered the date of sending, not receipt of the letter.
• If your car appeared in court regarding confiscation due to non-payment of loan installments, then do not try to get a duplicate PTS from the traffic police - such a car will be in the database bailiffs, and it is directly connected to the police base, where the deception can easily be revealed.
• Do not try to play a fraudulent game with banks, relying on your luck and cunning: as a rule, banks have full-time and freelance teams of good specialists who successfully bring clean water most cases are scams. After all prison term according to Art. 159 (fraud) a punishment completely inadequate to the possible benefit.

Conclusion

Now you know in what ways you can pick up PTS from the bank and what you should take into account. The most important condition here is a careful study of the contractual documentation, and a good choice of the car lender, of course.

Have you had any experience in which you temporarily took a vehicle title from the bank or encountered problems when issuing a passport in full payment for a loan? Tell us about it in the comments, it might be for someone useful information And interesting topic for discussion.

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Comments to the article: 24

Victoria

21.10.2016 | 10:20

Illegally holds PTS Aimani Bank. After early repayment, he issued a certificate that the loan was repaid. But the PTS does not indicate that there is supposedly a ban on issuance. Referring to the fact that the bank is being liquidated, and an employee of the Bank of Russia, Zhanna Valerievna Timokhina, has been appointed as the Head of the temporary administration.

1. Ilya

   30.10.2016 | 14:39

   Good afternoon, Victoria.

   PTS is not a document of material value and, therefore, according to Art. 336 of the Civil Code of the Russian Federation, it cannot be the subject of a pledge.

   But banks, insurance companies, etc. have a slightly different understanding Russian legislation. In other words, they constantly strive to adjust it to suit themselves, using various tricks. Therefore, even in some loan and collateral agreements, the transfer of PTS for storage to the bank is prescribed as a separate clause.

   But in any case, when applying for a loan, the bank was obliged to write you a receipt stating that it took the PTS for safekeeping and undertook to return it to you after you fulfilled the terms of the agreement.

   That is, I think there are documents stating that the bank took the PTS from you and undertook to return it - this is good.

   On this moment you have fulfilled the terms of the agreement by repaying the loan ahead of schedule and you have a document certifying this (bank receipt). Therefore, the bank is obliged to give you the document it stores. Liquidation of the bank is not the reason for the delay, since your PTS does not belong to the bank, but to you (that is, this document does not concern the bank at all and is not involved in the process of its liquidation) and it does not have material value, so there is no reason to keep him.

   A ban on issuance during the liquidation of a bank may be imposed on documentation related to the activities of the bank and on valuable assets of clients, and then only for a limited time.

   But everyone at your bank knows this very well and perhaps they simply lost the PTS or are simply brushing you off due to more pressing problems.

   You need to draw up a pre-trial claim according to the usual template, indicating all the penalties and rewards that will follow if it is not fulfilled, and show it to the bank, demanding PTS in an amicable way now and immediately. The main appeal is that you will not hold the bank accountable, but specific employees who may pay with large monetary losses, reputational damage, loss of business time and nerves.

   If there is no response to this, then send a claim to the bank's address by registered mail with notification, and after 30 days, file a claim in court, with all possible compensation and compensation.

   In general, people manage to make good money in such cases, spending their time and money on lawyers, but as a result, shaking out large amounts of compensation from negligent organizations. In the USA, for example, this has long been on an industrial scale, and a lot of lawyers specialize in such cases.

   Alternatively, you can restore the PTS, but this is done if it is irretrievably lost or damaged, and this case does not apply to this.

   Show firm persistence and demand your document in an uncompromising form - you are in your right, but the bank, including its temporary administration, is not. Among other things, you can file a complaint about the arbitrariness of the interim leadership to the structures that appointed this administration - usually this is the Supervision Department of the Central Bank of the Russian Federation.

   Good luck, Victoria.

   Dmitriy

   17.02.2017 | 15:42

   Hello, Victoria! I am also a client of AiMoney bank. The bank is very “dishonest”, there are a lot of lies, promises and wrongful actions that in the end cannot be proven. Not to mention the fact that they charged such interest that in the end I overpay 100% of the cost of the car .My loan expires only in 2020, so I ask about your actions, successful or not, please write in the comments. At least I know what to prepare for. P.S. Dear Ilya, my loan from AiMoney Bank was transferred under an assignment agreement to the bank Russian Capital , can I contact this bank regarding early repayment? Do they have my PTS? And, if so, who should I file a claim against? Can the bank meet halfway and return the PTS to me for car sales Besides, I’ve been paying regularly for 3.5 years now? Thanks in advance, I’d be grateful for any advice.

Julia

22.12.2016 | 07:01

Good morning! We have a similar situation. We repaid the loan in full ahead of schedule, after which we were told that three days after the money was received we could pick up the PTS, the money arrived. We spent a long time looking for where PTS was, since Forus Bank assigned the loan agreement to the bank. We found it, but the licenses of the banks in this group were taken away. Now no one wants to talk to us at all and no one returns the PTS either. What to do?

Andrey

02.02.2017 | 22:05

Good evening. I repaid the loan from the Volkswagen bank ahead of schedule, the vehicle title can be returned to the car dealership within 10 working days. Can I pick up the title myself and not wait 10 days? Thank you

Ivan

14.09.2017 | 14:41

Hello, we have PTS in the bank. The owner of the car is dead! How can we re-register a car after inheriting? Since we pay the loan regularly and want to keep the car in the family! And what documents are needed? We were at the bank, they told us we won’t issue a title until you close the loan! Question? How then can you get around in this car? Get insurance? If there is no owner! And STS. and PTS for another person;???? Thank you

Olga

10.10.2017 | 21:48

I repaid my car loan from Otkritie Bank a year and a half ago. I didn’t pick up the PTS, there was no time and no need. Finally I decided to pick it up, now they won’t give it to me. I live in Kolpino, the bank is located in St. Petersburg on Bolshaya Konyushennaya. I went there 4 times and still no luck. Either write a statement (I wrote it on the first day), or an employee who issues PTS on sick leave, or issue PTS only on Fridays, and I was there on Thursday. Last time I sent my husband with a general power of attorney, certified by a notary, with the right to represent my interests in any institution, including obtaining a PTS (clearly stated), they took the power of attorney, did not give it back for an hour, then they called me and asked if it was possible to give the PTS to my husband, I She said, of course, give it back, they told him to wait another hour, then they came out and said that we couldn’t give back the PTS, because the power of attorney did not indicate that he could receive the PTS at OTKRITIE Bank. I AM SHOCKED. FULL STUPIDITY IS GOING ON IN THIS BANK. I called the central office and asked the bank to contact me, they did. I persuaded them to give me the title, that I am the owner of the car and I don’t mind my husband taking the title, but they won’t give it back to anyone. Tomorrow I’ll go again myself, let’s see what they come up with this time. In such a situation, you feel like a complete powerless nonentity. It seems that you are right, and there is nothing you can do. Now I understand people who take up arms and go shoot at all sorts of officials and bureaucrats. If I don’t get the PTS tomorrow, I’ll break all the damn windows for them. There is no more strength.

Elena

13.10.2017 | 09:07

Good afternoon. Help me to understand. Two years ago, I became a guarantor for my husband, using my car as collateral, and the bank took the title. It was a consumer loan, but after a year my husband stopped paying it. The PTS is in the bank, but my STS under my temporary registration has expired. In theory, I need to go to the bank and get a PTS for re-registration. The question is whether they can not give it away. My husband generally says to make a duplicate of the PTS due to the loss.