Does the trust file a lawsuit? How not to pay a loan to a trust bank. What to do if money is collected from me after full early repayment of the loan

On October 10, Trust Bank filed a lawsuit in Moscow arbitration against the Kommersant publishing house, writes the Vedomosti newspaper. The credit institution is demanding compensation for damage to business reputation allegedly caused by an article dated October 5, dedicated to the financial crisis. The claims amount to 100 million rubles.

The Kommersant article entitled “Early Market” stated that Trust Bank had suspended issuing loans to companies and was negotiating with borrowers about early repayment of debts.

Bank Trust

Visitors to the legal consultation asked 130 questions on the topic “Bank Trust”. On average, the answer to a question appears within 15 minutes, and to a question we guarantee at least two answers that will begin to arrive within 5 minutes!

Bank Trust filed a lawsuit. The trial took place without me in another city. The bank demands the return of 24,377 rubles! My salary is 18-19 thousand rubles. I have a 7-year-old child and my wife doesn’t work.

How to sue bank trust

TRUST Bank began to actively file claims against the Debtors exclusively in the Sovetsky District Court of Ufa. regardless of the place of residence of the borrower (defendant).

11/15/2011 National Bank "TRUST" (OJSC) (hereinafter referred to as the Bank, Plaintiff) and D.D.D. (hereinafter referred to as the Borrower, Defendant) entered into a loan agreement No. 03-247764 (hereinafter referred to as the Agreement).

In accordance with the terms of the Agreement contained in the Application for a loan (hereinafter referred to as the Application), Conditions for the provision and servicing of loans by National Bank TRUST (OJSC), Tariffs of National Bank TRUST (OJSC), as well as in other documents containing lending conditions , the loan was provided on the following terms:

In the Application/Application Questionnaire, the Borrower agreed that the acceptance of his offer to conclude an Agreement is the Lender’s actions in opening an account for him, and the Tariffs, Conditions, (Payment Schedule) are an integral part of the Application/Application Questionnaire and the Agreement.

Is it possible to sue a trust bank?

1 answer. Moscow Viewed 93 times. Asked 2012-04-24 13:51:12 +0400 in the topic “Other questions” Good day, I live in a communal VK. the neighbor rented out one of the rooms to the blockheads! - Good day, I live in a communal VK. a neighbor rented out one of the rooms to the blockheads. Further

1 answer. Moscow Viewed 19 times. Asked 2013-05-30 10:12:20 +0400 in the topic “Law enforcement” Does the bank have the right to install an ATM (extreme noise from the server in the bank itself) for residential privatization.

Why don't banks sue debtors?

Some are tormented by the question, why don’t banks sue debtors? After all, it often happens that debtors have a great desire to financial institution the company that issued the loan to them sued them. But banks delay filing an application and use the services of such annoying collectors in order to avoid suing the debtor. Let's try to figure out what could be the reason for this strange behavior.

TOPIC: TRUST went to court

For the bank to go to court, at least 6 consecutive months of non-payment of the loan must pass. And I owed money to TRUST for 5 months in a row, they threatened me with going to court, they even sent me a fake lawsuit, and then when that didn’t work, they began to persuade me to restructure.

They practice going to the debtor's home. They came to me a dozen times, but I never opened the door, they left letters under the door and that’s it. They don't break much.

Trust bank complaint

Personally, I have repeatedly, in the office of TRUST Bank in Lipetsk, explained the current situation to employees, at the same time making every effort to pay the debt (involving borrowed funds for repayment), respectively, not hiding from anything or anyone.

But, it is unclear for what reasons, bank employees began threatening me. Moreover, on the night of February 26, 2013, a bank employee who came to see me said in a boorish manner that, upon his call, people would come from the Moscow branch of the bank and treat me like a deputy of the Lipetsk City Council Pakhomov (they would roll me into a barrel of cement).

What to do if the bank sues for non-repayment of a loan?

The Deposit Insurance Agency began an inspection of the credit organization Svyaznoy Bank for the possibility of carrying out the procedure for its financial rehabilitation. Another option for the development of the situation could be the revocation of the license from Svyaznoy Bank. As Kommersant learned, Svyaznoy Bank...

Banking news this week turned out to be quite positive for citizens wishing to take out a loan - Sberbank and UBRD reduced interest rates consumer loans, and Globex and Rosselkhozbank banks announced a reduction in mortgage rates.

Legal services in Khabarovsk for individuals and legal entities

I save your money. This means that if your business is 100% unpromising, I will inform you about it immediately, without instilling false hopes. Immediately, and not when you pay an advance payment, pay for several court hearings, you will be mentally in a state of trial for six months and the court will resolve the case not in your favor.

I take care of your nerves. Contacting a competent specialist who helps you solve your problems allows you to stop panic, feel safe and, as a result, accept right decisions, take adequate and appropriate actions, and not focus your life on the problem to the detriment of work and family.

SKY DISTRICT COURT OF YAROSLAVL

PLAINTIFF: my_trust
1500XX, Yaroslavl, ...

RESPONDENT: OJSC National Bank "TRUST"
branch in Yaroslavl
150000, Yaroslavl, Svobody, 3

THIRD PARTY: Sequoia Credit Consolidation CJSC
127473, Moscow, st. Krasnoproletarskaya, 16, building 2

In accordance with clause 2 of article 333.36 of the Tax Code of the Russian Federation and clause 3 of art. 17
Law “On Protection of Consumer Rights”
the plaintiff is exempt from paying state duty

STATEMENT OF CLAIM

On June 21, 2007, I, my_trust, entered into an agreement with OJSC National Bank "TRUST" (hereinafter referred to as the Bank) for the provision of a credit limit and the issuance of credit bank card(hereinafter referred to as the Agreement).
On the same day, a bank account No. 408178109080XXXXXXXX was opened for me and a credit card No. XXXX XXXX XXXX XXXX was issued.
After some time, I lost this credit bank card, in connection with which I contacted the Yaroslavl branch of the Bank to block the lost credit bank card and replace it with a new one, in accordance with the Terms of provision and servicing of Credit Cards of National Bank "TRUST" (OJSC) (clause 6.1.13).
New map I could not receive it, because it was not available at the branch of OJSC NB TRUST in Yaroslavl, the Bank employees did not inform me when it would be produced and when exactly I would be able to receive it.
After repeated visits to the Bank branch, Bank employees assured me that when a credit card in my name arrives at the branch, I will be notified, all my contact information is available at the Bank (registration address and actual place of residence, mobile and work phone number).
However, for unknown reasons, I was not given a bank card; I did not receive any information from the Bank, although to date all my contact information has remained the same.
That is, from the moment I lost the card, I did not (could not carry out) debit transactions on the account using this card.
In April 2010, I received a claim from OJSC NB TRUST, from which it followed that the Bank had charged fines to the bank account opened for me under the Agreement in accordance with the tariffs for total amount 1100.00 rubles.
According to the “Client” Tariff Plan, which is an integral part of the Agreement, the fee for maintaining an account when providing a card reissued at the client’s initiative during the validity period of the card is 300.00 rubles.
Since I contacted the Bank with a request to replace the lost credit card with a new one, and thus accepted the obligation to pay for the Bank’s services for re-issuing a bank credit card in the amount of 300.00 rubles, then on June 3, 2010 I paid the specified amount, which is confirmed cash receipt order No. 0605. I fulfilled my obligation to pay for the reissue of a credit bank card as soon as I became aware of this fact.
I did not receive a reissued credit bank card, because after the aggressive and illegal actions of OJSC NB Trust, I do not want to have a contractual relationship with it.
I consider the actions of OJSC National Bank "TRUST" to charge fines for missing minimum payments in the amount of 300.00 rubles and 500.00 rubles illegal, violating my rights and interests.
In accordance with the Conditions for the provision and servicing of Credit Cards of National Bank "TRUST" (OJSC) and the "Client" tariff plan, penalties are provided only for missing the payment of the minimum installment, which is paid to repay the loan - missing the payment of the minimum installment for the second time in a row is 300 rubles and for the third time in a row - 500 rubles.
In accordance with Art. 330 Civil Code In the Russian Federation, a penalty (fine, penalty) is a sum of money determined by law or contract, which the debtor is obliged to pay to the creditor in the event of non-fulfillment or improper fulfillment of an obligation, in particular in the case of delay in fulfillment.
Consequently, a fine is a way of securing obligations, which is a form of property liability for their violation, and in order to collect a fine, there must be a fact of non-fulfillment or improper fulfillment of an obligation by the debtor.
However, the Bank itself did not fulfill the conditions for timely provision of a bank credit card for my use, i.e. I physically could not carry out debit transactions on the account - use credit in cash, in connection with which I did not have (there is no) obligation to pay the minimum payments on the card in accordance with the established tariffs.
That is, the Bank unreasonably and illegally demands payment of a fine in the amount of 800.00 rubles (300.00 rubles + 500.00 rubles = 800 rubles).
I stated my position in writing in a statement to the Bank dated 04/09/2010, but the Bank did not stop taking actions to collect penalties from me.
Currently, collection of funds is carried out by collection agency CJSC Sequoia Credit Consolidation, which requires me to pay a sum of money in the amount of 1100.00 rubles, i.e. even without taking into account the 300.00 rubles I paid to the Bank to reissue the card.
I do not know on what basis it operates: whether the right to demand payment of the debt was transferred by the Bank to the agency and it is a new creditor, or whether the agency acts on behalf of the Bank (creditor).
Thus, the Bank’s actions to unjustifiably collect debt from me are unlawful and violate my rights and legitimate interests.

According to Art. 15 of the Law of the Russian Federation "On the Protection of Consumer Rights" and Art. 151 of the Civil Code of the Russian Federation, moral damage caused to the consumer as a result of violation by the manufacturer (seller, performer, etc.) of consumer rights, provided for by laws and legal acts Russian Federation regulating relations in the field of consumer rights protection, is subject to compensation by the causer of harm if he is at fault.
As a result of the unlawful actions of OJSC National Bank TRUST, I suffered significant moral damage associated with the unlawful accrual of fines and the defendant’s evasion of responsibility, i.e. by infringing on my rights, the defendant caused me moral suffering, since I repeatedly had to postpone personal affairs, come to the Bank and prove my rights, conduct telephone conversations, seek advice, etc.
In addition, in connection with attempts to unjustifiably collect the above amount from me, I experience constant inconvenience and fear, since Sequoia Credit Consolidation CJSC (on behalf of the Bank) possible ways tries to collect this amount (multiple phone calls in the morning and evening), agency employees put pressure on me, point out Negative consequences non-repayment of this amount up to the deprivation of all property and property of relatives, criminal liability, etc.
Moreover, the Bank intends to post information about me as an unscrupulous borrower in the bureau credit histories, which will cause problems for me in relations with other credit organizations for issuing a loan, since I am a regular client of such organizations.
Based on considerations of reasonableness and fairness, I estimate the moral damage caused to me in the amount of 60,000 rubles.

According to clauses 1, 2 of Art. 98 of the Code of Civil Procedure of the Russian Federation, the court awards the party in whose favor the court decision is made to reimburse the other party for all legal expenses incurred in the case.
Thus, legal costs are subject to recovery from the defendant, consisting of expenses for legal services for consultation and drawing up a statement of claim for the protection of consumer rights in the amount of 1,660 rubles (190 rubles + 1,470 rubles).

In accordance with the provisions of the Law of the Russian Federation “On the Protection of Consumer Rights,” claims for the protection of consumer rights can be filed in court at the plaintiff’s place of residence (clause 2 of Article 17 of the Law) without paying a state fee (clause 3 of Article 17 of the Law).

Based on the above, guided by Art. Art. 151, 330 Civil Code of the Russian Federation, Art. 15, 17 of the Law of the Russian Federation “On the Protection of Consumer Rights”, Art. Art. 131, 132 Code of Civil Procedure of the Russian Federation

ASK:

1. Recognize the actions of National Bank TRUST OJSC to accrue fines against my_trust in the amount of 300.00 rubles and 500.00 rubles as illegal.
2. To recover from OJSC National Bank "TRUST" in favor of my_trust a sum of money in compensation for moral damage in the amount of 60,000 rubles.
3. To recover from OJSC National Bank "TRUST" in favor of my_trust the costs of legal services for consultation and drawing up this statement of claim in the amount of 1,660 rubles.

Application:
1. A copy of the statement of claim.
2. Terms of provision and servicing of Credit Cards of National Bank "TRUST" (OJSC).
3. Copy of terms and conditions Tariff plan"Client"
4. A copy of the application for a card dated June 21, 2007.
5. A copy of the receipt for receiving card No. XXXX XXXX XXXX XXXX dated June 21, 2007.
6. Copy of cash receipt order No. XXXX dated 06/03/2010.
7. Copy of the application (claim) dated 04/07/2010.
8. Copy of the Bank’s response to the application (claim) dated May 20, 2010.
9. Copies of the agreement for the provision of legal services for drawing up a statement of claim for the protection of consumer rights and the acceptance certificate.
10. A copy of the receipt for payment of legal services for consultation.
11. A copy of the receipt for payment of legal services for drawing up a statement of claim.

Case No. 2-3758/2016

SOLUTION

In the name of the Russian Federation

Central District Court of the city of Tver composed of:

presiding judge Stepanova E.A.,

under secretary Kudryavtseva A.A.,

with the participation of the representative of the plaintiff Mesropyan N.A., acting on the basis of a power of attorney,

defendant Zvonkov N.I.,

having examined in the open court hearing in the city of Tver, a civil case based on the claim of PJSC Bank Trust against Zvonkov N.I. on debt collection under a loan agreement,

installed:

PJSC Bank "TRUST" filed a claim with N.I. Zvonkov in the Central District Court of the city of Tver. on collection of debt under a loan agreement, legal costs.

In support of the stated requirements, he indicated that DD.MM.YYYY OJSC NB TRUST and Zvonkov N.I. concluded agreement No. (agreement 2, payment card agreement) on the basis and terms of the application - the client’s offer, on the basis of which a loan agreement No. dated DD.MM.YYYY (agreement 1) was also concluded.

Agreements 1 and 2 were concluded in offer-acceptance form, in accordance with the provisions of Art. , And .

The loan under agreement 1 was provided on the terms and conditions contained in the loan application, the conditions for the provision and servicing of loans, and tariffs. At the same time, the application for a loan also contained the client’s offer to conclude a mixed agreement with him, containing elements of an agreement on opening a bank account, an agreement on the provision of a bank card for use in accordance with the Terms of provision and servicing of international bank cards of BANK "TRUST", tariffs according to the international bank card of BANK "TRUST", as well as other documents containing credit conditions.

In the application, the borrower agreed that the acceptance of his offer to conclude agreement 1 is the action of opening an account and a special card account for him, and the conditions, tariffs and payment schedule are an integral part of the application and agreement 1.

In the application, the borrower also expressed his agreement with the terms of the payment card, the tariffs for the payment card, undertook to comply with them and asked the bank to enter into a payment card agreement with him, within the framework of which, in accordance with the terms of the payment card, open a bank account/accounts for him and provide for use of an international payment bank card/cards of BANK "TRUST" (PJSC) with a limit on the permitted overdraft (payment card).

In connection with the conclusion of Agreement 1 by the bank and the borrower, the borrower receives a payment card, with the terms of use of which he agreed in advance. Subsequently, at his own request, the borrower can activate this payment card, thereby concluding another contract-contract 2.

The bank fulfilled its obligations. At the conclusion of the agreement, the 1st defendant received payment card No. with a limit on the permitted overdraft on the following conditions: the size of the limit on the permitted overdraft - , interest on the loan - , validity period payment card– DD.MM.YYYY. Thus, the bank and the borrower, by mutual consent, entered into a mixed agreement, which was assigned No.

In accordance with clause 5.5 of the Terms and Conditions for a payment card, a loan is provided by the bank to the client to carry out operations on the SCS, the conduct of which is not limited by the conditions on the payment card, in the event of insufficient or absence of own funds on the SCS to carry out transactions. Operations include non-cash payments (including payment for goods and services), receiving cash at cash dispensers and ATMs, depositing cash and crediting funds to SCS. According to clause 5.10 of the conditions for the payment card, the client is obliged to repay the debt by paying at least the minimum repayment amount during the payment period following the billing period. In case of failure to pay the minimum repayment amount in deadlines or payment of an incomplete repayment amount, the defendant is charged a fine for missing the payment of the minimum repayment amount in accordance with the tariffs.

In violation of the terms of the payment card and the provisions of the law, the defendant does not take measures and continues to evade fulfillment of accepted obligations for the planned repayment of current debt under agreement 2, and therefore, for the period from DD.MM.YYYY to DD.MM.YYYY the defendant owed the bank in the amount of, including the amount of the principal debt in the amount of, interest for using the loan in the amount of

Defendant's violation of conditions loan agreement substantially entails such damage for the Bank that the Bank is substantially deprived of what it has the right to count on when concluding the agreement.

In connection with the above, the plaintiff filed the said claim against the defendant, and asks the court to recover from the defendant in its favor the debt under loan agreement No. in the amount of, the cost of paying the state duty in the amount of

At the court hearing, the plaintiff’s representative Mesropyan N.A., acting on the basis of a power of attorney, supported the plaintiff’s claims in full on the arguments and grounds set out in the statement of claim. He objected to the defendant’s motion to terminate the proceedings on the grounds and grounds set out in the written objections to the motion. He also explained that in the application, the borrower expressed his agreement with the Conditions for the payment card, the tariffs for the payment card, undertook to comply with them and asked the bank to enter into an agreement with him on the payment card, within the framework of which, in accordance with the Conditions for the payment card, open a bank account for him and provide for use an international bank card with an allowed overdraft limit. According to clause 2.1 of the Payment Card Terms, the bank enters into an agreement with the client by accepting the client’s offer contained in the application, by opening a SCS. At the same time, the bank accepts the client’s offer to provide a card by issuing a card. The date of conclusion of the agreement is the date of activation of the card by the client. The card is handed over to the client unactivated or can be activated by the bank automatically at the request of the client immediately upon issuance. The bank and the borrower, by mutual agreement, entered into an agreement, which was assigned No. At the same time, the defendant did not provide evidence indicating that the defendant handed over the payment card to the bank, and the bank does not confirm this information.

At the court hearing, the defendant Zvonkov N.I., objected to the satisfaction of the claims made by the plaintiff, asked the court to terminate the proceedings in the case, since there was a court decision that had entered into legal force and was adopted on a dispute between the same parties, on the same subject and on the same grounds , asked the court to apply the consequences of missing the statute of limitations on late payments. At the same time, he explained that when concluding credit agreements, he received 2 bank cards, but after repaying the debt on loan No. 1, he returned the cards to the bank, and does not remember whether he used a payment card or not.

Having heard the representative of the plaintiff Mesropyan N.A., acting on the basis of a power of attorney, the defendant Zvonkov N.I., and having examined the case materials, the court comes to the following.

According to the latter, the performance by the person who received the offer, within the period established for its acceptance, of actions to fulfill the terms of the contract specified in it (shipment of goods, provision of services, performance of work, payment of the appropriate amount, etc.) is considered acceptance, unless otherwise provided for by law, other legal acts or not specified in the offer.

The fact of the conclusion of loan agreement No. between the plaintiff and the defendant is evidenced by the statement of N.I. Zvonkov. on the provision of a loan for urgent needs from DD.MM.YYYY, questionnaire of Zvonkov N.I. to the application for a loan for urgent needs, as well as the bank’s actions to open account No.

As follows from the account statement No., agreement number No., contract start date DD.MM.YYYY, card number No., card activation date DD.MM.YYYY, credit limit on the card

According to the defendant’s application for a loan from DD.MM.YYYY, Zvonkov N.I. understands and agrees that the lender has the right to repeatedly make offers to establish and subsequently change the credit limit on a payment card by sending the borrower a corresponding notice, the acceptance of which will be the actions of the borrower to activate and use the payment card / the borrower expresses consent to the lender with the amount credit limit on a payment card / expressing consent to the lender to activate the payment card, if the payment card was received by the borrower simultaneously with the conclusion of the agreement.

As follows from the statement, Zvonkov N.I. agreed that before activating the payment card, the borrower undertakes to familiarize himself with the information about the full cost of the loan on the payment card provided by the lender in accordance with clause 2.2 of the application, and only if he agrees with the full cost of the loan on the payment card, take actions to activate the payment card/ express to the creditor your consent to activate the payment card, take steps to activate the payment card/ express to the creditor your consent to activate the payment card

By his signature on the application, the defendant confirms the fact of receipt of one copy of the application, payment schedule, tariffs, card tariffs, payment card tariffs, payment card conditions, memo of the insured person, which contains the conditions of the collective insurance program for loans for emergency needs and/or collective insurance programs for cardholders, as well as the fact of receipt of payment card No. and consent to its activation.

Reasons to doubt the validity of the parties’ will at the conclusion of this agreement the court does not have one.

From the defendant's account statement it follows that the defendant used funds within the credit limit established by the plaintiff, and improperly fulfilled his obligations under the agreement concluded with the plaintiff, which led to the formation of debt. No evidence of the return of payment card No. to the creditor was presented to the court.

At the same time, the court does not see any grounds for terminating the proceedings under paragraph. 3 tbsp. , since, as follows from the operative part of the decision of the magistrate of court district No. 4 of the Proletarsky district of Tver dated DD.MM.YYYY, the National Bank TRUST (OJSC) addressed Zvonkov N.Yu. with demands for collection of debt under loan agreement No. dated DD.MM.YYYY, while in the framework of the civil case under consideration, the subject of the claim is the debt under loan agreement No. In connection with the above, the grounds and subject matter of the claim previously filed by PJSC NB TRUST are different from those being considered within the framework of this civil case.

Based on the foregoing, the court comes to the conclusion that the statute of limitations on the plaintiff’s demands for the collection of interest for using the loan, a fine for missing minimum payments that arose before DD.MM.YYYY in the amount, has expired. The amount of debt under the loan agreement as of DD.MM.YYYY will be

By virtue of Part 1 of Art. court costs consist of state fees and costs associated with the consideration of the case.

According to Part. 1.2 tbsp. the party in whose favor the court decision was made, the court awards to the other party all legal costs incurred in the case. If the claim is partially satisfied, the legal costs specified in this article are awarded to the plaintiff in proportion to the amount of the claims satisfied by the court, and to the defendant in proportion to the part of the claims that were denied to the plaintiff.

The plaintiff paid the state duty in the amount, which is confirmed by payment orders from DD.MM.YYYY No., from DD.MM.YYYY No. In connection with the above, the costs of payment of state duty in the amount of

Based on the above, guided by articles, - the Code of Civil Procedure of the Russian Federation, the court

decided:

Claims of PJSC Bank "Trust" against Zvonkov N.I. to partially satisfy the debt collection under the loan agreement.

Collect from Zvonkov N.I. in favor of PJSC Bank "Trust" debt under loan agreement No. in the amount, as well as a state fee in the amount

The decision can be appealed by the parties to the Tver Regional Court through the Central District Court of the city of Tver within a month from the date of its production in final form.

Judge signature E.A. Stepanova

Court:

Central District Court of Tver (Tver Region)

Plaintiffs:

Public Joint Stock Company National Bank "TRUST"

Defendants:

Zvonkov N.I.

Judges of the case:

Stepanova Ekaterina Aleksandrovna (judge)

Judicial practice on:

Recognition of the contract as not concluded

Judicial practice on the application of Art. 432 Civil Code of the Russian Federation

For loans, for loan agreements, banks, banking agreement

Judicial practice on the application of Art. 819, 820, 821, 822, 823 Civil Code of the Russian Federation

Limitation period, by statute of limitations

Judicial practice on the application of Art. 200, 202, 204, 205 Civil Code of the Russian Federation

SOLUTION

In the name of the Russian Federation

Pavlovo-Posad City Court of the Moscow Region, composed of: presiding judge S.E. Ryakin, with secretary N.I. Parshenkova, with the participation of plaintiff O.A. Kartseva, representative of the plaintiff A.A. Kartsev, representative of OJSC National Bank Trust » Ivanik E.P., having considered in open court civil case No. 2-645/2013 on the claim of Oksana Anatolyevna Kartseva against OJSC National Bank Trust for the protection of consumer rights,

Installed:

Kartseva O.A. indicates that 07/05/2012 Agreement No. was concluded between it and OJSC National Bank TRUST for the amount of rubles. A prerequisite for issuing a loan under the Agreement was a one-time payment of a commission for crediting loan funds to the client’s account, which amounted to RUB 5,990. Within of this loan she was given two cards: card 1 - No. (clause 3 of the agreement) and card 2-No. (clause 4 of the agreement).

03.12.2012 Kartseva O.A. contacted the call center to clarify the amounts for early repayment of the loan for two bank cards 1 and 2. The operator told her the amounts for early repayment and the date until which these amounts are valid, namely: on card 1 - the amount was RUB. kopecks, for card 2 - the amount of early repayment was rubles. cop., repayment period until December 24, 2013.

04.12.2012 to the cash desk of the Paveletsky Operations Office in Moscow, located at the address: Moscow, st. Valovaya, 11/19, Kartseva O.A. paid the specified amount in full. After payment, she turned to bank employee Evgeniy, who gave Kartseva O.A. application form for closing an account on card 2. She handed over both bank cards to him.

12/27/2012 Kartseva O.A. came to the same bank branch where she made a full repayment of funds using bank cards, where she found out that she had a debt of 235 rubles. When asked when she might have incurred this debt, bank employees did not answer. On the same day Kartseva O.A. wrote a statement about her disagreement with this deduction.

By e-mail she received a response from the bank, according to which Kartseva O.A. should have paid not rubles. 11 kopecks, and rub. 28 kopecks As stated in the answer, this amount consisted of the following payments: rub. 87 kopecks - main debt; rub. 41 kopecks - interest for using the loan; 390 rub. - penalty for missing the minimum monthly payment.

Kartseva O.A. did not agree with this amount of the fine, because the period for its accrual was not indicated, for what payment it was accrued and why the bank did not notify her of the existence of a fine.

12/27/2012 Kartseva O.A. a certificate of closure of the loan agreement No. dated July 23, 2012 was issued, which indicated that as of December 27, 2012. She has no debt, the loan agreement is closed. However, until now mobile phone Kartseva O.A. come SMS messages about her debt to the bank, which is growing and today amounts to 1,315 rubles. 14 kopecks Kartseva O.A. contacted the bank’s call center with a question about what kind of debt we're talking about, the bank responded that she was not paying the monthly minimum payment, so the bank was charging fines, which at that time amounted to 1,315 rubles. 14 kopecks

The application form for a loan for urgent needs is provided in the form developed by OJSC National Bank "TRUST", which excludes any influence of the consumer by O.A. Kartseva. to determine the terms of the contract.

The loan agreement was concluded on the terms established by the bank; no changes can be made to the agreement, Kartseva O.A. didn't have the opportunity.

The specified provisions of the loan agreement, providing for the conditions for paying a commission for crediting funds to the client’s account, contained onerous conditions for the individual borrower, which, based on reasonably understood interests, would not have been accepted by Kartseva O.A., if she had the opportunity to participate in determining the terms of the contract.

The provisions of the Civil Code of the Russian Federation do not make the provision of a loan to an individual dependent on the opening of a current or other account for the borrower and does not automatically entail the conclusion of a bank account agreement.

The fee for depositing funds is actually an additional interest rate- which the borrower must pay.

According to Kartseva O.A. When concluding loan agreements, the bank is obliged to bring to the attention of the borrower in an understandable language all the necessary and reliable information about the cost of services and their properties.

The terms of the loan agreement on the Borrower’s payment of a commission for settlement services, as well as a commission for crediting funds to the account, violate her rights.

By its actions, the bank caused Kartseva O.A. moral suffering, because is still demanding money from her that she has already paid him and returning her overpaid funds. She is worried about the current situation and is experiencing moral suffering.

Kartseva O.A. asks the court: Recognize clause 1.16. loan agreement No. dated July 23, 2012 on the collection of a commission for crediting funds received from the Client (at a time) is invalid. Recognize as revoked her consent received by OJSC National Bank TRUST on the application form for the conclusion of an Agreement on the issue of servicing a bank card dated July 23, 2012. Close the accounts of Kartseva O.A., which were opened in branches of the bank National Bank TRUST. ; to recover from OJSC National Bank TRUST in favor of the Client the amount of commission for crediting credit funds to the Client’s account in the amount of 5990 rubles; unlawfully withheld funds in the amount of 154 rubles. 83 kopecks, interest for the use of other people's funds in the amount of 327 rubles. 20 kopecks, compensation for moral damage in the amount of 10,000 rubles; payment of legal expenses in the amount of RUB 30,000; payment for drawing up a statement of claim in the amount of 4,800 rubles, payment for notary services in the amount of 1,300 rubles, to collect in her favor a fine in the amount of fifty percent of the amount awarded by the court in favor of the consumer.

At the court hearing, plaintiff Kartseva O.A. supported the stated demands.

Representative of the defendant OJSC National Bank TRUST Ivanik E.P. submitted a review, did not recognize the claim, explained that the bank did not violate the rights of the consumer Kartseva O.A. The representative of the defendant could not explain why the bank on December 27, 2012. Kartseva O.A. a certificate of closure of the loan agreement No. dated July 23, 2012 was issued, which indicated that as of December 27, 2012. debt from Kartseva O.A. missing, the loan agreement is closed.

After hearing the plaintiff, the defendant’s representative, and checking the case materials, the court finds that the claims are justified and must be satisfied in part on the following grounds:

In accordance with 4.1 Art. 56 of the Code of Civil Procedure of the Russian Federation, each party must prove the circumstances to which it refers as the basis for its claims and objections, unless otherwise provided by federal law.

The court found that on 07/05/2012. between OJSC National Bank TRUST and Kartseva O.A. a loan agreement No. was concluded for the amount of rubles. A prerequisite for issuing a loan under the Agreement was a one-time payment of a commission for crediting loan funds to the client’s account, which amounted to RUB 5,990. As part of this loan, Kartseva O.A. two cards were issued: card 1 - No. (clause 3 of the agreement) and card 2 - No. (clause 4 of the agreement).

All bank documents are signed only by O.A. Kartseva. There are no bank seals or signatures of its representatives.

12/27/2012 Kartseva O.A. a certificate of closure of the loan agreement No. dated July 23, 2012 was issued, which indicated that as of December 27, 2012. She has no debt to the bank, the loan agreement is closed.

According to the calculation of credit card debt as of May 14, 2013. the accumulated debt of interest for using the loan is 235 rubles. 14 kopecks The representative of OJSC National Bank TRUST could not explain to the court why the bank did not transfer funds for their repayment from the funds paid to O.A. Kartseva. to repay the loan.

By virtue of Art. 421 of the Civil Code of the Russian Federation citizens and legal entities are free to enter into a contract. The terms of the agreement are determined at the discretion of the parties, except in cases where the content of the relevant term is prescribed by law or other legal acts.

In accordance with Art. 422 of the Civil Code of the Russian Federation, the contract must comply with the rules mandatory for the parties established by law and other legal acts (imperative law) in force at the time of its conclusion.

According to Art. 16 of the Law of the Russian Federation dated 02/07/1992 No. 2300-1 “On the protection of consumer rights”, the terms of the contract that infringe on the consumer’s morals in comparison with the rules established by laws or other legal acts of the Russian Federation in the field of consumer rights protection are declared invalid. It is prohibited to condition the acquisition of certain goods (works, services) on the mandatory acquisition of other goods (works, services), which was the case in relation to the Borrower (plaintiff). Losses caused to the consumer as a result of violation of his right to free choice of goods (work, services) are reimbursed by the seller (performer) in full.

The Constitutional Court of the Russian Federation, in Resolution No. 4-P dated February 23, 1999, indicated that a citizen in legal relations with a bank is economically weak side and needs special protection of its rights, which entails the need to limit the freedom of contract of the credit organization (bank).

According to Part 1 of Art. 428 of the Civil Code of the Russian Federation, an adhesion agreement is an agreement, the terms of which are determined by one of the parties in forms or other standard forms and could be accepted by the other party only by joining the proposed agreement as a whole.

The application form for a loan for urgent needs is provided in the form developed by OJSC National Bank "TRUST", which excludes any influence of O.A. Kartseva. to determine the terms of the contract. The loan agreement was concluded on the terms established by the defendant; she could not make any changes to the agreement.

The specified provisions of the loan agreement, which provide for the conditions for paying a commission for crediting funds to the client’s account, contain onerous conditions for the individual borrower, which, based on reasonably understood interests, would not be accepted by Kartseva O.A., if she had the opportunity to participate in determining the terms of the contract.

The provisions of the Civil Code of the Russian Federation do not make the provision of a loan to an individual dependent on the opening of a current or other account for the borrower and does not automatically entail the conclusion of a bank account agreement.

According to Art. 30 of the Federal Law of December 2, 1990. No. 395-1 “On banks and banking activities”, opening a bank account is a right, not an obligation, of citizens.

In accordance with paragraph 1 of Art. 819 of the Civil Code of the Russian Federation, the payment under a loan agreement is the payment of interest on the loan amount. This interest is a payment to the bank for a set of actions performed when issuing a loan and repaying it by the borrower; it must cover both its expenses and include the bank’s income from this operation.

Also the norms of Art. 807, 809 of the Civil Code of the Russian Federation do not contain the concept of “loan credit, settlement services”, in accordance with Art. 819 of the Civil Code of the Russian Federation, actions to provide and service a loan are the responsibility of the bank under the loan agreement.

Regulations Central Bank Russian Federation dated August 31, 1998 No. 54-P “On the procedure for provision of funds by credit institutions and their return (repayment), also does not provide for the payment of any additional services when issuing a loan and repaying it by the borrower, there is no provision for opening and servicing a special account for the borrower.

Thus, the application fee is actually an additional interest rate that the borrower must pay.

In accordance with Art. 9 of the Federal Law of January 26, 1996 No. 15-FZ “On the implementation of part two of the Civil Code of the Russian Federation” in cases where one of the parties to the obligation is a citizen using, purchasing, ordering, or intending to purchase or order goods (work, services for personal household needs, such a citizen enjoys the rights of a party to an obligation in accordance with the Civil Code of the Russian Federation, as well as the rights granted to the consumer by the Law of the Russian Federation “On the Protection of Consumer Rights” and issued in accordance with other legal acts.

According to paragraph 1 paragraph. “d”, paragraph 3 of the Plenum resolution Supreme Court of the Russian Federation dated June 28, 2012 No. 17 “On consideration by courts of cases on disputes regarding the protection of consumer rights” when considering civil cases: courts should take into account that relations in which one of the parties is a citizen using, purchasing, ordering, or intending to purchase or order goods (work, services) exclusively for family, household, household and other needs not related to the implementation of entrepreneurial activity, and the other is an organization (manufacturer, performer, seller, importer) providing services that are relations regulated by the Civil Code of the Russian Federation. Law of the Russian Federation dated 02/07/1992 No. 2300-1 “On the protection of consumer rights”, others federal laws and other regulatory legal acts of the Russian Federation adopted in accordance with them.

In accordance with Art. 16 of the Law of the Russian Federation “On the Protection of Consumer Rights” it is prohibited to condition the purchase of some goods (works, services) on the mandatory purchase of other goods (works, services).

At the same time, according to Art. 10 of the same law, the contractor is obliged to promptly provide the consumer with the necessary and reliable information about the services provided. This information is brought to the attention of the consumer in a clear and accessible form when concluding contracts for the provision of services in ways accepted in certain areas of service. In Part 4 of Art. 12 of the Law states that the consumer’s lack of special knowledge is assumed. Consequently, the borrower, due to his lack of special knowledge in the field of banking legislation, cannot know about the legality or illegality of certain terms of loan agreements. In accordance with Part 3 of Art. 10 of the Civil Code of the Russian Federation assumes reasonableness of actions and voluntariness of participants in civil legal relations.

It follows from this that the Bank was obliged, when concluding loan agreements, to bring to the attention of the borrower in an understandable form all the necessary and reliable information about the cost of services and their properties - but did not do this. The court found that the bank documents available in the case, information about tariffs and conditions are printed in small print, which makes them difficult to read and perceive.

By virtue of paragraph 1 of Art. 16 of the Law of the Russian Federation “On the Protection of Consumer Rights”, contract terms that infringe on consumer rights in comparison with the rules established by laws or other legal acts of the Russian Federation in the field of consumer rights protection are declared invalid.

The norms of the Civil Code of the Russian Federation, the Federal Law “On Banks and Banking Activities”, and other regulatory legal acts allow the possibility of charging a fee in the form of a commission for crediting funds when granting a loan individuals, is not provided for, and therefore the terms of the loan agreement on payment of commission for settlement services contradict the provisions of Art. 16 of the Law of the Russian Federation “On the Protection of Consumer Rights”.

According to the provisions of Art. 168 of the Civil Code of the Russian Federation, a transaction that does not comply with the requirements of the law or other legal acts is void unless the law establishes that such a transaction is contestable or does not provide for other consequences of the violation.

The terms of the loan agreement on the Borrower’s payment of a commission for settlement services, as well as a commission for crediting funds to the client’s account, violate the consumer rights established by law and by virtue of Articles 168. 180 of the Civil Code of the Russian Federation, paragraph 1 of Article 16 of the Law of the Russian Federation “On the Protection of Consumer Rights” and are invalid (insignificant).

In accordance with the provisions of Art. 395 Civil Code of the Russian Federation, paragraph 2 of Art. 1107 of the Civil Code of the Russian Federation, interest is subject to accrual for the use of someone else’s funds from the time when the acquirer learned or should have learned about the unjustification of receiving or saving funds.

Interest for the Defendant’s illegal use of the Borrower’s funds under the loan agreement No. dated July 23, 2012. are 327 rubles. 20 kopecks. According to the calculation of interest presented by the plaintiff (calculation of the amount of debt is carried out taking into account the legal position set out in the Resolution of the Presidium of the BAS of the Russian Federation No. 5451/09 dated September 22, 2009): The amount of debt is 5,999 rubles. 0 kop., including VAT 0% 0 rub. 0 kop. Overdue period from 07/23/2012 to 03/20/2013: 238 (days). Refinancing rate: 8.25%. Total interest for the period = (5999) * 238 * 8.25/36000 = 327 rubles. 20 kopecks

By virtue of Art. 15 of the Law “On the Protection of Consumer Rights”, moral damage caused to the consumer as a result of violation by the manufacturer (executor, authorized organization) of consumer rights provided for by the laws and legal acts of the Russian Federation regulating relations in the field of consumer rights protection is subject to compensation by the causer of harm if he is at fault. The amount of compensation for moral damage is determined by the court and does not depend on the amount of compensation for property damage. Compensation for moral damage is carried out regardless of compensation for property damage and losses incurred by the consumer.

By its actions, the bank caused Kartseva O.A. moral suffering, expressed in worries due to the current situation, to this day the bank demands the funds that she paid to him and does not return the overpaid funds, sends SMS messages to her mobile phone.

In accordance with Art. 151 of the Civil Code of the Russian Federation, if a citizen has suffered moral harm (physical or moral suffering) by actions that violate his personal non-property rights, or encroach on other intangible benefits belonging to the citizen, as well as in other cases provided for by law, the court may impose on the violator the obligation of monetary compensation for the specified harm.

In accordance with Art. 1101 of the Civil Code of the Russian Federation, when determining the amount of compensation for moral damage, the court takes into account: the nature of the physical and moral suffering caused to the victim, the degree of guilt of the harm-doer, the actual circumstances in which the harm was caused, the individual characteristics of the victim, as well as reasonableness and fairness. Therefore, taking into account reasonableness and sufficiency, the court reduces the amount of moral damages sought to RUB 5,000. 00 kop.

In accordance with paragraph 6 of Art. 13 of the Law of the Russian Federation “On the Protection of Consumer Rights” when the court satisfies the consumer’s demands, established by law, the court collects from the manufacturer (performer, seller, authorized organization) for failure to voluntarily meet the consumer's requirements a fine in the amount of fifty percent of the amount awarded by the court in favor of the consumer, which is 5,736 rubles. 01 kop.

In accordance with Article 98 of the Civil Procedure Code of the Russian Federation, the party in whose favor the court decision was made, the court awards the other party to reimburse all legal costs incurred in the case.

The plaintiff's expenses for legal services amounted to: drawing up a statement of claim - 4,800 rubles.

In accordance with Art. 100 of the Code of Civil Procedure of the Russian Federation, to the party in whose favor the court decision was made, the court awards, on the other hand, the costs of paying for the services of a representative within reasonable limits.

According to the assignment agreement No. 85/19-03-13 dated March 19, 2013. costs of representation in court - 30,000 rubles. subject to partial recovery in the amount of RUB 15,000. taking into account the complexity of the case and the number of court hearings.

Notarial services for drawing up a power of attorney to represent interests
court - 1300 rub. are subject to recovery in full.

In accordance with Art. 98 Code of Civil Procedure of the Russian Federation from the defendant to the local budget are subject to
recovery of state duty costs in the amount of 688 rubles. 32 kopecks

Based on the above, guided by Articles 194-198 of the Code of Civil Procedure of the Russian Federation, the court

Decided:

Lawsuit of Oksana Anatolyevna Kartseva against Open joint stock companies“National Bank “Trust” on the protection of consumer rights is partially satisfied.

Accept clause 1.16. loan agreement No. dated July 23, 2012 on the collection of a commission for crediting funds to the Client’s account (at a time) is invalid.

Recognize as revoked the consent of Oksana Anatolyevna Kartseva, received by National Bank TRUST OJSC on the application form for the conclusion of an Agreement for the issue and servicing of a bank card dated July 23, 2012.

Close the accounts of Oksana Anatolyevna Kartseva, which were opened in the branches of the bank OJSC National Bank TRUST.

To recover from OJSC National Bank TRUST in favor of Oksana Anatolyevna Kartseva the amount of commission for crediting credit funds to the Client’s account in the amount of 5,990 (five thousand nine hundred ninety) rubles.

To recover from OJSC National Bank TRUST in favor of Oksana Anatolyevna Kartseva, unlawfully withheld funds in the amount of 154 (one hundred fifty-four) rubles 83 kopecks.

To collect from OJSC National Bank TRUST in favor of Oksana Anatolyevna Kartseva interest for the use of other people's funds in the amount of 327 (three hundred twenty-seven) rubles and 20 kopecks.

To recover from OJSC National Bank TRUST in favor of Oksana Anatolyevna Kartseva compensation for moral damages in the amount of 5,000 (five thousand) rubles 00 kopecks.

To collect from OJSC National Bank TRUST in favor of Oksana Anatolyevna Kartseva a fine in the amount of fifty percent of the amount awarded by the court in favor of the consumer in the amount of 5,736 rubles 01 kopecks.

To recover from OJSC National Bank TRUST in favor of Oksana Anatolyevna Kartseva payment for notary services in the amount of 1300 (one thousand three hundred rubles.

To recover from OJSC National Bank TRUST in favor of Oksana Anatolyevna Kartseva payment for legal services in the amount of 15,000 (fifteen thousand) rubles.

To recover from OJSC National Bank TRUST in favor of Oksana Anatolyevna Kartseva payment for drawing up a statement of claim in the amount of 4800 (four thousand eight hundred) rubles.

The rest of Oksana Anatolyevna Kartseva’s claims will be denied.

To collect from OJSC National Bank TRUST in favor of the local budget a state duty in the amount of 688 rubles 32 kopecks.

The decision can be appealed by the parties to the Moscow Regional Court, through the court that adopted it, within a month.

Chairman: S.E. Ryakin

A court case regarding a loan with a bank awaits everyone who systematically and for a long time evades payment under the loan agreement. Loan programs greatly simplify the lives of citizens by providing the opportunity to purchase housing or pay for education. However, not always everything goes well in the loan repayment process. As a result, debt may arise and fines may be applied by the creditor. An extreme case is when a bank sues to collect a debt. How to win a lawsuit with banks over a loan? We’ll talk about this in detail later, and we’ll also look at it in detail. judicial practice in courts with banks.

First steps in litigation

Important! Please keep in mind that:

• Each case is unique and individual.
• A thorough study of the issue does not always guarantee a positive outcome. It depends on many factors.

To get the most detailed advice on your issue, you just need to choose any of the options offered:

For a creditor, going to court is a last resort measure, used when other options for resolving the dispute have failed. Negative side for the bank - additional costs for conducting litigation, preparing claim documents, and attending meetings with a representative. If the plaintiff loses, he will not be able to recover the costs of filing a claim, and with a significant amount of claims, the cost of the claim is quite high.

Considering that plaintiffs are often interested in winning a lawsuit with banks over a loan, rather than delaying the process, the defendant can count on a reduction in demands and the possibility of receiving an installment plan or writing off part of the debt. However, you should not immediately agree with everything the bank offers after receiving a subpoena.

Agenda

It is necessary to study the received document (summons) to determine its validity. The practice is that the creditor often sends a similar form to the debtor in order to speed up the repayment of the debt. This court summons for a loan with a bank must be:

• done “by hand” on a special form f. 31;
• have a court stamp;
• impression paste color – blue;
• have a number and date of compilation;
• contain information about the date, place and time of the meeting;
• signed by the court clerk;
• addressed to a specific person (full name indicated).

Additionally, check whether the bank really submitted statement of claim to court and you will participate in the process can be checked on the website of the specific court indicated in the subpoena. The search can be carried out using the details of the subpoena: number, date and full name of the judge.

Do you need a representative?

If the creditor decided to forcibly collect the debt and the bank nevertheless filed a lawsuit against the borrower, then the primary question will be whether it is advisable to seek help from a lawyer. Involving a representative – a lawyer – to participate in the process has pros and cons. The main disadvantage is paying for a lawyer. Still qualified legal assistance It's not cheap in Russia. However, saving on the services of a representative often leads to losing the process. Civil litigation is difficult for the average person to master on his own.

The advantages of working as a representative include:

• reduction of claims in most cases - minimization of final costs;
• taking advantage of winning opportunities;
• drafting and filing motions that positively influence the process for the defendant;
• reaching an agreement with the creditor - obtaining installment plans;
• full protection of the interests of the defendant in court;
• a comprehensive examination of the root of the issue, and not superficially.

Studying judicial practice, it is worth noting that it is very, very difficult to win a court case against a bank in a credit case if a professional lawyer is not involved in the defense. Cost savings when paying for representation services are reasonable only if the amount of the claim is less than the lawyer's invoice for the work.

Stages and essence of the trial

Civil proceedings are regulated by Russian civil procedural legislation - mainly by the rules of the Code of Civil Procedure. The basis of judicial proceedings in civil matters is the principle of adversarial parties. This means that the law establishes the obligation of each participant to motivate and justify their position by presenting evidence. Unlike criminal proceedings, there is no principle of the defendant being innocent until proven otherwise.

Process stages

The stages of court proceedings regarding a loan with a bank are relatively separate; depending on the situation, deviations from the standard scheme are possible.

1. The first stage is the preparation and collection of documents necessary for filing a claim. Until the plaintiff goes to court - submits a statement of claim - there is no official legal proceedings. Next, the documents are submitted to the court. (details about that here).
2. After receiving the claim documents, the court analyzes the completeness of the submitted papers and the validity of the stated claims. Based on the results of consideration, the claim may be accepted, rejected or left without progress. It is also possible to return the claim. If the application is accepted, a date for the first hearing is set.
3. If a creditor simultaneously files a claim and a request for security, the court may consider a request for seizure or other restriction in order to preserve the property until the completion of the proceedings. This rule is possible at any stage of the process.
4. The first meeting is preliminary. Despite this, the call is made according to all standards - a summons. During the preliminary hearing, the position of the plaintiff and the defendant is clarified, and the feasibility of conducting a full-fledged trial is analyzed. If the defendant agrees with the claim at the preliminary hearing stage, then the process may end.
5. If the preliminary trial stage is successfully completed, the court sets a date for the start of the main trial. The parties and other participants in the process are notified about this.
6. The main trial may consist of several hearings. There are no clear restrictions, but any grant of adjournment or postponement of the consideration of the case must be motivated.
7. During the main hearings, the judge first ascertains the presence of the parties in the room, and then proceeds to consider the case on its merits. At this stage, petitions are submitted, proposals are made, and the opinions of the parties are heard. Schematically, it looks like this: the plaintiff is given the floor to read out his claims, then time is given to the defendant, who reads out his objections. Then the parties are given the right to ask each other questions. The judge has the right to participate in the process and ask additional questions.
8. After the hearing of the case on its merits, the materials of the case are announced. In practice, this involves listing all materials in the case to the judge.
9. After the materials have been read out, the party is given the right to make a closing speech.
10. The final stage of the main hearing is the judge's decision. To do this, he retires to the meeting room.
11. The operative part of the decision is announced immediately after it is made to the parties in the courtroom. A full-fledged court decision containing a motivational part is prepared later. You can obtain a stamped decision from the court office.

After the decision is made, the civil process enters the waiting stage. The parties have a period of 10 days to file an appeal. If there is no appeal within 10 days, the court decision enters into force. full force. Upon request of the plaintiff, it is issued performance list, directed bailiffs to exercise the right to collect debt. The trial is considered completed.

Protection tools: what to do?

When a citizen receives a summons to appear in court regarding a loan from a bank, many make a mistake and ignore the summons, hoping for a miracle. On the contrary, if the case has gone to court, then it is better not to waste time, but to immediately begin analyzing the case and developing a defense strategy. Even before the first hearing, it is advisable to study the case materials in order to fully prepare. According to the law, a citizen has the right to familiarize himself with the case materials without restrictions, but the file cannot be taken outside the court. Since the case may contain many documents, calculations and forms, which will not be easy to analyze at once, it is better to photograph all the sheets of the case. Under no circumstances should any papers be removed from the file!

First of all, pay attention to meeting deadlines. It is extremely rare for banks to violate limitation periods, but there are precedents. The court accepts the case for consideration without examining the fact of compliance with the statute of limitations. Upon filing the defendant's request to apply the statute of limitations, the proceedings are terminated and the plaintiff is rejected.

When studying the statement of claim, it is important to pay attention to the calculations that substantiate the borrower’s claims. In practice, banks often inflate claims, charging very large penalties. With the good work of a credit lawyer, these requirements can be significantly reduced.

Having studied the materials and contents of the claim, it is necessary to prepare an objection to the statement of claim if you intend to protest the claim. Objections should reflect objective facts, points with which you disagree. If you want to file a petition to reduce the amount collected, you need to operate with facts, and not with an emotional component. Psychological and emotional condition debtor, tears and hysterics in the courtroom, etc. Only the “naked” facts are important.

Judicial practice in courts with banks

Judicial practice with banks regarding credit disputes is quite clear. In the vast majority of cases, the creditor - the plaintiff - wins the case. The reason is simple - the borrower violates the terms of the loan agreement and does not repay the debt. Next, we have prepared several case studies on court cases with banks regarding loans.

For consumer and other types of loans

As a result, the creditor’s rights are violated, and the court objectively restores them by forcibly collecting the debt. An example of a winning process for a creditor could be case No. A70-12133/2016 Arbitration Court of the Tyumen Region. The defendant did not want to challenge the plaintiff’s demands, did not make any motions, and the court made a decision to fully satisfy the plaintiff’s demands. As a result, more than 1 million rubles will be recovered from the defendant.

Formal wins for borrowers include court decisions, where the final amount to be recovered was significantly reduced in comparison with that stated in the claim. The reasons that influenced the outcome of the case are different. Basically, defendants and their representatives operate:

• recalculation of the amount, taking into account previously paid funds towards the principal debt;
• termination of the insurance agreement;
• application of Art. 333 Code of Civil Procedure of the Russian Federation.

There are cases of actual victories of defendants in practice. Most of these victories are the fault of plaintiffs who do not comply with procedural rules or requirements for the content of loan agreements. A common reason for a creditor’s loss is missing the statute of limitations due to incorrect calculation of deadlines. It is legally established that limitation of actions– 3 years from the moment the plaintiff learned of the violation of his rights. Some banks start counting not from the moment the delay begins, but from the date of expiration of the loan agreement. In practice, courts take into account the expiration date of the loan agreement in matters of consumer or mortgage agreements. In credit card debt collection proceedings, judges look to the date the delinquency first occurred.

An example when documents prevail over words and emotions in court is case No. 2-61/2016 of the Chulym District Court Novosibirsk region. The defendant substantiates her position with emotions - trust in the lender, because of which she checked the terms of the loan agreement. Also, the defendant’s objections are based on the bank’s obligation to perform actions assumed by the defendant, but which are not the responsibility of the creditor. For example, additionally notify about debiting funds via mobile app to a mobile phone number not specified in the contract.

For a mortgage loan

Litigation with a bank mortgage loan also deserves a separate topic for discussion. Mortgage is an expensive banking product. The cost of suing to collect a mortgage debt is significant, so lenders sue as a last resort. If the debtor is unable to repay the debt to the bank, then it will not be possible to save the apartment. The sale of collateral real estate will be carried out at auction regardless of marital status the borrower, whether he has children or the number of persons registered in the apartment. Self-management trial mortgage is very undesirable! There are a lot of pitfalls that negatively affect debtors.

In an effort to reduce the amount of the fee when filing a claim, the creditor does not conduct an objective assessment of the property, declaring the contract value, even if the market price of the apartment has increased significantly over the years. As a result, the borrower may not only lose their home, but also have to repay the debt to the bank.

There are no real opportunities to save your home during a mortgage dispute, except in cases where the creditor has violated the law and his demands will not be satisfied at all. However, there are exceptions to the rule, for example, case No. 33-4010/2016 of Sverdlovsky regional court Yekaterinburg, where the defendants managed to keep the apartment.

The main work of the defense in such cases is to reduce claims and maximize the cost of the housing being sold. In this case, the defendant will receive greatest number money after repaying the debt. Also, if circumstances exist, it is possible to terminate the mortgage agreement on terms favorable to the borrower. For example, as in case No. 2-1924/2010 of the Central District Court of Krasnoyarsk.