Changes for collectors.

01/10/2019, Sashka Bukashka

Once upon a time, everyone knew that amnesty applied only to criminals. But now this concept refers to those things that can concern every person: taxes and loans. Let's figure out whether there is a credit amnesty, and what the forgiveness of tax debts announced by the President of the Russian Federation means.

The debt burden of the Russian population is growing every year; moreover, many borrowers have debts on and even mortgages. This leads to the application and accrual of penalties, which means the amount of debt grows like a snowball, and the borrower is no longer able to cope with it. Can the state oblige banks to forgive citizens such debts, since rumors about the so-called credit amnesty have been circulating for a long time. Old tax debts have been forgiven. In December, the head of state made a promise, and on January 1, the law began to take effect. But who does it concern and what can debtors count on?

Tax amnesty 2019

First, let's figure out who will have their tax debt forgiven. Tax amnesty for debts of individuals did not happen in 2019! But in 2018 it was carried out. Vladimir Putin announced this measure at his annual big press conference, and the law regulating this issue was adopted as soon as possible: it came into force on 01/01/2018. So, citizens and individual entrepreneurs have a real opportunity to get rid of debts for:

• property tax;
• land tax;
• transport tax;
• fixed insurance premiums;
• (but only for writing off debts to banks, utility organizations, telephone operators and other companies).

Several conditions apply:

1. For ordinary citizens, debt must arise before 01/01/2015.
2. The individual entrepreneur must have debts with a maturity of 3 years, but accumulated by 01/01/2017.

That is, citizens will only be written off old debt, and individual entrepreneurs for insurance premiums will be written off everything that has accumulated during this period, but only on the condition that it began accumulating in 2015. If an entrepreneur owes debt only for 2016, the debt will not be forgiven.

Please note: if the debt arose over the past year or two because you did not receive a receipt for payment, then it will not be forgiven. Debts will have to be paid.

It was initially announced that the amount that would be written off to tax debtors was approximately 40 billion rubles, and that 42 million Russians would receive relief. However, after a thorough audit of debts carried out by the Federal Tax Service, it turned out that as much as 250 billion rubles would have to be forgiven. Indeed, in addition to the taxes themselves, debtors will be relieved of penalties for them, which in some cases are several times higher than the amount of the principal debt.

Bad debt

Officials note that most of the debt covered was already hopeless for collection. But it creates significant difficulties for debtors, interferes with their free movement, and blocks bank accounts. In addition, some taxes, for example personal income tax, accrued on so-called conditional income, do not make sense at all.

According to the law, if the bank or utility companies were unable to collect a debt from a citizen and wrote it off, he received income in the amount of the written off debt and must pay personal income tax. The tax is the traditional 13% of the amount written off. But if the debtor did not have funds to pay the creditor, where will he get them to pay the state for this sudden personal income tax?

The President directly called such actions of tax agents “senseless,” but did not make any other proposals other than writing off the already accumulated amount, and meanwhile in 2019 the situation with such personal income tax will only worsen, because last year amendments came into force clarifying the procedure for it accruals and responsibilities of tax agents and payers.

Where to apply under the tax amnesty

Citizens and individual entrepreneurs will not have to prove their right to debt forgiveness. The Federal Tax Service will independently determine who and how much to forgive, and all debt covered by the amnesty will be written off automatically and out of court.

Although, all this should have happened last year. And if this does not happen, then in this case it is worth contacting the tax office for clarification.

Credit amnesty is a myth

Judging by official sources, the total amount of loans in Russia is more than 200 trillion rubles. It turns out that this is 16% of our state’s GDP. In this regard, it is not surprising that the amnesty for loans for individuals in 2019 is on everyone’s lips. But legislators and even the head of state simply will not be able to afford such luxury, even in state-owned banks. After all, such a measure will lead credit institutions and the country’s budget to complete financial collapse. Even simply reducing the borrower's obligations to the bank is a very difficult task. This was clearly demonstrated by the situation with mortgage loans in foreign currency. Then the borrowers did not receive any real help from officials.

What about the 2019 tax amnesty? There are also large sums that were forgiven to citizens, but these are direct budget revenues. The fact of the matter is that these are incomes on paper, that is, unsupported obligations. But banks gave real money to borrowers and they still have to return it. You cannot borrow from a neighbor and then come to him and say: “Forgive me.” Therefore, if a bill on credit amnesty appears, it will only affect fines and penalties that banks generously charge to defaulters. True, conversations about such an initiative have been going on for several years, but its real implementation has not yet appeared. The only preference that borrowers received was a limitation on the amount of fines and penalties that could be assessed. The total amount cannot exceed twice the amount of the outstanding balance. And that's all for now. True, there are still several other bills in development, but their fate is still unclear.

So, the amnesty for loan debtors in 2019 is a myth; no one will conduct it centrally. More specifically, contact the bank to which you owe money and ask them whether they will forgive your debts.

What issues are considered under the amnesty?

So, the main provisions of the bills within the framework of the so-called credit amnesty provide for:

• an official ban on credit institutions (banks and microfinance organizations) demanding immediate repayment of loan amounts under the threat of accrual of interest for overdue payments;
• interest accrual must occur within the limits established by law;
• Penalties also cannot be unlimited and excessively inflated; even the contract must specify their amount in advance.

Lawmakers promise, but banks deliver

There will still be an amnesty for loans in 2019. True, not all enslaved individuals can count on it, but only those whose bank announces a special promotion. Such amnesties for debtors in credit institutions are not uncommon and are practiced annually. Bankers offer borrowers to pay the principal, and in return write off penalties and even interest. Such promotions have beautiful names. For example, VTB had a “Credit Thaw”, and Svyaz-Bank had a “Moments of Spring”; in other banks, borrowers were offered a credit amnesty. True, as part of these actions, banks alleviate the fate of only conscientious payers, with good income, those who faithfully fulfilled their obligations, and then fell into a financial crisis. Those citizens who received money and immediately stopped paying the creditor should not count on such concessions. Most likely, they will face communication with debt collectors or even legal proceedings. True, the courts often reduce the amount of the penalty several times, but that’s another story.

Previous article Next article

In modern times, the number of credit loans among the Russian population has reached incredible heights, because according to statistics, now every third resident of the country has a fairly impressive loan behind him. However, the problem was that due to the poor economic situation in the country, many Russians were simply unable to pay their bills, because they more often began to come to banks asking for a revision of credit conditions. A logical question arises: Will there be a credit amnesty in 2017, because for many, such a way out of that situation is the only means of repaying debts.

Subtleties and features of the issue of credit amnesty

Many borrowers are misled by the word “amnesty,” because it makes them think that this procedure will allow a person to completely forget about his debt. However, practice shows that the situation is a little different, because practice shows that this event is associated with a revision of lending conditions. A loan, in essence, is an agreement on financial relationships, and when the parties sign it, they discuss the fact that the loan implies a certain interest rate for lending, and in case of late repayment, the person must pay a fairly significant fine. If the borrower refuses to pay, the amount of the fine increases to incredible heights, as a result of which payment of the loan becomes almost impossible.

Repayment of the loan begins with the repayment of interest - fines, and the principal amount is paid on a residual basis, however, if the size of the fine increases, the time to repay the loan increases, and in this case, the credit amnesty will be useful to Russians.

The new bill on credit amnesty in 2017 in Russia suggests that the maximum loan rate will now be fixed by the corresponding bill, therefore, now the bank will not be able to raise the interest rate above that established by law. Moreover, a number of positions that were previously subject to fines and restrictions will no longer cause inconvenience to borrowers if a person is unable to repay the loan (interest in this case is not a particularly important thing). And the most important feature of this law is the prohibition on the rapid payment of debt obligations and the accrual of monetary sanctions on it.

Who needs it?

Most of all, the 2017 credit amnesty law in Russia Of course, those Russians who are already faced with issues of paying off loans are concerned, because for them, fixing the debt in one amount and reducing interest will be quite good news. However, on the other hand, these procedures will be very unprofitable for their own banks and financial institutions, because they earn money precisely by paying interest, therefore, they will not be too happy about such an innovation, however, the authorities assure the population that this innovation will be beneficial for all people. It is quite simple to explain this statement - the authorities have provided a number of monetary compensations for organizations that will fall under the credit amnesty, as a result of which each party will receive its own benefit, and it will be very small. It is also worth emphasizing that the amnesty affects not only banks, but also microfinance organizations, which are especially popular today, so it will also apply to them.

Who can count on benefits?

It is not recommended to think about the credit amnesty from January 1, 2017 will be intended for every borrower, because usually only some borrowers receive it. Deputies are discussing the issue that only conscientious citizens who have interest debts, but at the same time have a positive credit history (problems can arise for any person, and in a crisis they happen very often) can count on receiving credit benefits. This law will allow a person to fully repay the amount of his principal debt, and only then switch to interest, although previously Russians did not have such an opportunity.

As a result of the introduction of the law, the debt of most citizens to banks and other organizations providing loans will be eliminated, therefore, the credit history of most Russians will be improved. Soon they will be able to afford to take out loans on more favorable terms, and financial organizations, in turn, will receive monetary penalties.

In modern times, it often happens that a person, in order to repay one loan, takes on taking out another, however, subject to an unsatisfactory loan history, he can only be offered those conditions under which high interest will be charged on each loan. As a result, payments increase, and the borrower’s quality of life decreases,That's whyreviews of credit amnesty 2017 for individualsThere are only positive ones, and there is nothing surprising in this. The new bill will allow citizens to break the almost “closed” circle of debt obligations, which will have a positive impact on the creditworthiness of the population and the country’s economy.

What does the law say about loan debtors?

The problem of non-repayment of borrowed funds today is quite acute not only for banks and other credit institutions, but also for their clients. There are several reasons for this situation.

This is a difficult economic situation, low financial literacy of citizens, and unlawful actions of debt collectors. To resolve the problem and protect the rights of debtor citizens, several regulations have recently been adopted. Let us consider what measures are provided for by these documents.

Innovations

There are several main legislative changes that came into force in 2017 and relate to loan debtors:

• Art. ceased to apply. 15 of the Law “On Consumer Loans”;
• extrajudicial debt collection through a notary has become possible;
• A new law “On the protection of individuals during debt collection” came into force.

In other words, the problem of loan repayment turned out to be so important that a new, separate regulatory act was adopted to regulate it in detail. The provisions of the new law concern, first of all, collectors, as well as microfinance organizations. A number of provisions of the new act relate specifically to their activities.

What exactly has changed for banks and their borrowers? Let's take a closer look at the innovations that have come into force recently.

Pre-trial collection procedure

Previously, credit institutions had two main opportunities to obtain the return of borrowed funds from insolvent debtors:

• achieve this through the courts;
• assign the debt to a collection agency.

The first path is long and expensive, and the second is not very legal and is approved by society and law enforcement officers. But now there is a third way - completely legal and not requiring going to court. Legislators have involved notaries in debt collection.

The new, pre-trial procedure for collecting loan debt will affect those borrowers who entered into an agreement after the adoption of the law, that is, since July 2016. Their contracts must contain a condition allowing the bank to use this procedure for repaying debts in case of delay.

Read also: Average receivables turnover period

The bank does not have the right to revise existing agreements. Therefore, before signing, you should carefully read the document and clarify this point.

In the event of a delay, and if the debtor does not take action to defer or restructure the loan, the bank has the right to use the help of a notary to repay the debt. The executive inscription of this official will be equal in legal force to a court decision and will give the right to transfer the obligation to collect the debt to bailiffs.

However, the use of such a measure, although it will make it easier for banks to repay borrowed funds and interest on them, requires compliance with a certain procedure:

• When a delay occurs, the debtor must be notified;
• wait two weeks, this is the period given for repaying the next payment or contacting the bank to solve the financial problem that has arisen;
• submit to the notary the loan agreement and a dated copy of the notice sent to the debtor;
• obtain a writ of execution on the contract;
• go with this document to the FSS to transfer it to the bailiff.

In this case, certain requirements are also imposed on the actions of the notary. The duration of the debt must not exceed three years (statutory limitation period). The demand for a refund must be indisputable, which is confirmed by the signatures on the contract.

If the text of the agreement does not stipulate the use of pre-trial procedures, then the notary will not make an execution inscription.

Video: How to reduce debt in court

Law on Debtors on Home Loans and Auto Loans

Changes in legislation on interaction between banks and loan debtors will not affect mortgages. Such loans are issued against reliable collateral - an apartment or a house. And in case of non-payment of the debt, the bank will receive the required amount in another way. In particular, by selling the real estate pledged to him.

It is worth remembering that the bank has the right to receive the issued funds at the expense of the collateral even in the case when the housing purchased with a mortgage is the only one owned by the owner. The property is sold at a special auction, after which the bank takes the funds due to it and transfers the balance to the former owner.

Despite the fact that the bank has the right to dispose of the collateral real estate in this way, it can do this only by a court decision.

So mortgage debtors do not face a simplified procedure for debt collection. Everything will happen as before, with attempts to come to an agreement with the borrower, filing a lawsuit and obtaining a decision on eviction and collection of funds from the collateral.

But in the field of car lending, the ability to collect funds on an overdue loan will find its application. Although, according to experts, banks will resort to it only if the duration of the delay is already close to a critical point, beyond which it will no longer be possible to obtain a writ of execution from a notary.

The bailiffs who receive the writ of execution will return the funds issued as a loan, but this will take time. Seizing a car, confiscating it from the owner, appraising and selling it is not a quick process.

In addition, there is no guarantee that the debtor did not get rid of the problem property. However, the introduction of a register of information about pledged property makes this almost impossible. The buyer can check the proposed purchase online for any existing encumbrances.

On the collection of penalties from the developer. Find out further.

Changes for collectors

The largest number of changes introduced by the new debtor protection law concerns the activities of debt collectors. From now on, their communication with the debtor is subject to fairly strict rules.

And the first of them is registration in a special state register. If it does not contain information about the company to which the debt was assigned, then its representatives do not have the right to communicate with the debtor in any way. For violation - a fine reaching 2 million rubles.

But collection agencies listed in the register will also have to adhere to the requirements of the new law.

For example, their communication with a person who is behind on loan payments is limited only to:

• personal meetings;
• telephone conversations;
• text messages via electronic networks;
• by mail.

All other methods of interaction are possible only with the consent of the debtor, expressed in writing. And the borrower can revoke it at any time. For example, in cases where debt collectors violate the legal requirement to act reasonably and in good faith.

The following actions are clearly interpreted as violations:

• threats to health, life or property;
• carrying out such threats;
• psychological pressure;
• use of any methods and methods dangerous to people;
• humiliation by word or action of honor and dignity;
• misrepresentation regarding the amount of debt, repayment terms, etc.;
• abuse of right.

The debtor must be notified that an organization other than the bank is involved in interacting with him regarding the repayment of the loan. This is done by written communication, delivered against signature in person or sent by registered mail. The notice period is one month. The same document must contain information about the transfer of personal data.

This information may not be used in the future without written consent. It is prohibited to inform anyone about the existence of the debt, its size and other circumstances surrounding communication with the bank and collectors. This is a secret that is protected by law.

The debtor also has the right to apply in writing to the creditor bank or an organization attracted by it. The letter may contain questions regarding the amount of the debt, the terms or conditions of its repayment. The creditor and the organization representing it must also respond to such an appeal in writing. They have a month to do this.

All damage that banks and debt collectors cause to the debtor, his property, and the health of relatives (moral damage) by their actions that go beyond the law, is required by law to be fully compensated. And pay a fine in favor of the state for using unacceptable methods of debt repayment.

For collectors themselves, as legal entities or individual entrepreneurs, strict limits have been established, in addition to mandatory inclusion in the state register. Thus, activities to facilitate debt collection must be indicated in the statutory and registration documents as the main one.

Such a legal entity can only exist as a society. Participants and staff of the collection organization cannot have a criminal record, etc.

Bankruptcy as a way out of the credit hole

If for any reason it is not possible to repay the loans taken, citizens have the right to declare themselves bankrupt. The Law on the Insolvency of Individuals has been in effect since the fall of 2015.

But to file an application for personal bankruptcy in court, it is necessary that the amount of the debt exceeds half a million rubles, and the delay is more than 3 months.

The procedure for applying disciplinary sanctions. Find it at the link.

On the collection of alimony. More details here.

After completing a fairly lengthy and complex procedure, the borrower is considered completely debt-free. But he is obliged to report this fact when applying for a loan for another five years. Which, of course, will not be a plus when making a decision on a loan.

What will happen to debtors in 2017?

Debtors on credits and loans, defaulters of utilities are anxiously awaiting further tightening of the screws. But there is no need to escalate the situation. 2017 will also be rich in positive events that will make the lives of citizens better. So, what awaits debtors in 2017?

Read also: What documents must be given upon dismissal?

The most positive event of next year will be the entry into force of the law “On the protection of the rights of individuals when carrying out activities to repay overdue debts.” The law comes into force on January 1, 2017, allowing debtors to breathe a sigh of relief.

According to the law, debtors will have the opportunity to completely refuse personal meetings and telephone conversations with debt collectors. The reasons for such a decision do not matter. The main thing is to send the application to the collector by registered mail with acknowledgment of delivery. The form of this application will still be approved by the authorized body, but it must either state the citizen’s desire to refuse to interact with the collector, or indicate that interaction will be carried out only through the specified representative.

Debtors can send such an application to collectors no earlier than 4 months from the date of delay in fulfilling obligations. Having received such a letter, collectors will no longer be able to work with the debtor through telephone calls or personal meetings.

In general, even if the debtor does not refuse to interact, the number of contacts with him should be strictly regulated. In particular, collectors will not be able to call debtors more than once a day, 2 times a week, or 8 times a month. Personal meetings are allowed only once a week. SMS can be sent no more than 2 times a day, 4 times a week, 16 times a month.

Restrictions
Various restrictions that apply to defaulters remain an effective tool of influence in the hands of bailiffs. For example, the ban on traveling abroad forced debtors to return more than 20 billion rubles in the first 9 months of 2016, which is 2 times more than in the same period in 2015. In total, as of the end of October 2016, restrictions on traveling abroad were in effect for 1 million Russians.

Since January 2016, bailiffs have the opportunity to restrict debtors’ right to drive a car. The use of this measure and the threat of its use forced debtors to pay at least 1.9 billion rubles. Almost 220 thousand debtors have experienced restrictions on the validity of their driver's licenses.

All these measures await debtors in 2017. True, changes may affect the speed of lifting restrictions on traveling abroad. In particular, it is proposed to speed up the procedure for citizens who have fulfilled their obligations and paid off their debt.

Debt collection without court
Thanks to the adopted amendments to the “Fundamentals of Legislation on Notaries,” banks were able to collect debts without court. After a 2-month delay on the loan, the bank, having received a writ of execution from a notary, can immediately begin working with bailiffs, bypassing court proceedings. Thus, the debtor will not even have time to look back, and the bailiffs will already come to him. Read more about this in the material “Can banks collect debts without court? »

Bankruptcy of individuals
Although, according to experts, the potential number of bankrupts who have debts of more than 500 thousand rubles with a delay of 3 months is about 600 thousand people, nevertheless, not everyone is in a hurry to receive the status of insolvent. During the year the law on bankruptcy of individuals was in effect, only about 30 thousand people filed for bankruptcy.

The unpopularity of the mechanism is explained by the high cost of the procedure. In particular, not everyone can find the funds to pay for the services of an arbitration manager. However, legislators have slightly reduced the financial burden of potential bankrupts. At least from January 1, 2017, the state duty for individuals when filing a bankruptcy petition in court will be only 300 rubles, and not 6,000 rubles, as was previously the case. For now, this is a small step towards making the bankruptcy procedure cheaper, but there is hope that things will not stop there.

Arrest of the only home
Reports regularly appear about how the arrest of the debtor’s only home contributed to the repayment of the debt. Today it is impossible to sell your only home for debts, but they have allowed to seize it. Perhaps in 2017 this measure of influence will be used even more often. You can find out what the arrest of an apartment threatens citizens with from the material “The only housing of debtors will be seized.”

They say that foreign debtors have been written off $140 billion over 20 years.

Good afternoon I am 56 years old. Today I am a pensioner, I receive a pension in the amount of 9364 rubles. I took out 2 loans from Rosgosstrakhbank. I didn’t pay until the end, I had to wait 5 months. The main debt was 50,403 rubles. The loan agreement did not expire. Every day a penalty is charged for non-payment. And now I have to pay the bank a debt in the amount of 198,308 rubles (data as of January 2017) and on the second loan - the principal debt was 32,830 rubles, now it is 158,648 rubles. How to freeze this delay. Yes, I violated the terms of the loan agreement by not making payments on time... BUT I am a law-abiding citizen, I am ready to pay the technical overdraft amount gradually, because... I don’t have that kind of money right now. And there is no property to sell. An apartment in which all family members of 5 people are registered? There are only debts. What to do in this situation? Tell me who to contact? Who can resolve this issue with? Or just forget about everything and live, waiting for your death.
I do not agree with this debt, since I was not notified in a timely manner of fines for the penalty.

There is only one conclusion from all these stories - live on what you have earned. Save up for a car and buy it. What difference does it make to you: give the bank a payment every month or put this payment into your piggy bank so that you can buy a car later?

What should single mothers do who live on benefits of a couple of thousand, whose ex-husbands are hiding so as not to pay child support? How to survive and pay off loans?

They persuade you, beg you to take a loan from them, and then they are surprised that they don’t pay it back

Magazine headings

What loans will be forgiven to Russians in 2017?

Against the backdrop of a large number of loans issued, the number of overdue loan obligations is growing at a catastrophic rate. Alarming figures appeared back in 2015 - at the end of December, outstanding loans stood at 15%. In the first month of next year, the figure increased by 3%. The current year has not improved the situation. Debtors have high hopes for the credit amnesty. Will Russians really have their loans forgiven? And if they forgive, then to whom and what kind? They will probably be foolish enough to accept a general amnesty.

Grounds for credit amnesty

The situation of ordinary Russian borrowers who are unable to repay their loan debt to banks or microfinance organizations cannot be envied - due to penalties, the amount of debt increases at incredible speed. Not only do borrowers suffer, lenders also suffer losses. What led to such a deplorable situation in the lending sector?

1. Availability of microloans . The borrower easily receives money from a microfinance structure, where he is not required to provide collateral or a guarantee. Often these items simply do not exist. Show your passport and get money.
2. Irresponsibility of borrowers . This aspect has two manifestations: lack of an adequate assessment of personal financial strengths and financial illiteracy.
3. Declining incomes of Russian citizens during the economic crisis . The argument is weighty. It is difficult for an ordinary person who decides to take out a loan to calculate it.

Mikhail Adamov

Reading time: 3 minutes

A A

Against the backdrop of a large number of loans issued, the number of overdue loan obligations is growing at a catastrophic rate. Alarming figures appeared back in 2015 - at the end of December, outstanding loans stood at 15%. In the first month of next year, the figure increased by 3%. The current year has not improved the situation. Debtors have high hopes for the credit amnesty. Will Russians really have their loans forgiven? And if they forgive, then to whom and what kind? They will probably be foolish enough to accept a general amnesty.

Grounds for credit amnesty

The situation of ordinary Russian borrowers who are unable to repay their loan debt to banks or microfinance organizations cannot be envied - due to penalties, the amount of debt increases at incredible speed. Not only do borrowers suffer, lenders also suffer losses. What led to such a deplorable situation in the lending sector?

There are several main reasons:

1. . The borrower easily receives money from a microfinance structure, where he is not required to provide collateral or a guarantee. Often these items simply do not exist. Show your passport and get money.
2. Irresponsibility of borrowers . This aspect has two manifestations: lack of an adequate assessment of personal financial strengths and financial illiteracy.
3. Declining incomes of Russian citizens during the economic crisis . The argument is weighty. It is difficult for an ordinary person who decides to take out a loan to calculate it.

The result of the above is obvious:

• Non-performing loans are piling up.
• The situation of borrowers has become, to put it mildly, incomprehensible - it is simply unrealistic for debtors to transfer all or most of their income to repay the loan debt. Sometimes even collateral (if stated in the contract) does not cover the debt.

A “sick” issue requires an immediate solution. The credit amnesty option in this case is the most optimal. Representatives of the Communist Party of the Russian Federation in the State Duma made precisely this proposal, and found support in the person of other deputies.

Loan amnesty 2019 – what’s the point?

Everyone knows that a late loan payment is fraught with an increase in debt. Penalties apply to the loan amount and accrued interest. The consequence of an outstanding loan is the “snowball” effect - the amount of debt obligations inevitably increases due to penalties and fines. The total amount of such sanctions often exceeds the underlying debt obligations.

As a result, the borrower's total debt doubles or more. Now, in order to fully pay off the credit institution, he needs to pay fines. Only after this can you start paying off the principal debt - reducing the credit “body”.

What is the purpose of the 2019 loan amnesty? It will help fight bank penalties and fines. It is these sanctions that drive borrowers into a dead end.

What are the main points of the proposed bill on credit amnesty:

1. If the obligatory payment is late, credit institutions are prohibited from demanding urgent loan repayment and charging fines and penalties.
2. The accrued interest must correspond to the norm that will be established at the legislative level starting next year.
3. Restrictions are introduced in relation to penalties and fines.

In other words, according to the new law with the onset of 2019:

• The creditor's requirement for a quick return of money and the accompanying accrual of fines are abolished.
• The interest rate and the amount of credit interest are limited.
• Loan agreement clauses that involve penalties will be a thing of the past.

Who can benefit from the amnesty?

Of course, not all debtors in the credit sector will be included in the list of beneficiaries. You should also not hope for the immediate liquidation of all debt obligations to banks.

Each applicant for amnesty will be considered personally. The nuances of the requirements for borrowers are still under discussion. One option: interest debt with a positive credit history.

The new law will only help a conscientious citizen of the Russian Federation get rid of debts to microfinance organizations and banks:

1. The principal debt is paid off first.
2. Then comes the turn of interest.
3. The loan is repaid as well. In any case, for more of our fellow citizens.

Previously, this possibility was not available. Therefore, it was necessary to take out a new loan in order to fulfill obligations in the old way. Naturally, the terms of the new loan were not the most pleasant - monthly payments became larger, hopes of breaking out of the vicious circle gradually faded. Amnesty allows you to repay old loans and restore the good reputation of the borrower.

By the way, banks and microfinance organizations will not lose money during the amnesty. Although their earnings are based on interest payments, there is no reason to rejoice at such an innovation. The authorities provide compensation for credit institutions. Thus, there is a benefit for each party in the credit amnesty. Perhaps not as significant as we would like.

All that remains is to wait for the approval of the bill on amnesty of credit debts and get acquainted with its contents in detail.

How to get rid of a loan

When repaying a loan to the bank, borrowers worry about interest, which over time greatly increases the primary debt. But almost always there is a legal right not to pay or to minimize additional costs caused by accrued interest. An effective method of repaying credit debt is a new loan, which implies a low rate of both standard and penalty interest. This means that the borrower takes out a new loan to cover the debt with this money. People often take out loans from microfinance organizations. The sooner you can get rid of the loan debt, the less the interest amount will be, but it is also worth touching on the aspect of penalties. The amount of the penalty is individual, but there is a chance to reduce it through legal proceedings if the amount of fines accrued is found to be disproportionate to the debt and the recorded violation.

Credit amnesty in 2018

On January 1, 2018, a bill will come into force, the development of which was carried out by State Duma deputies from the Communist Party of the Russian Federation Sergei Obukhov and Valery Rashkin since 2015. The credit amnesty is aimed at facilitating cooperation between the lender and bona fide borrowers by introducing additional conditions and revising the current lending system.

For whom is it being introduced? The credit amnesty will help to quickly get rid of loans, but the word “amnesty” does not mean that everyone, including persistent defaulters, will be released and the loans written off. The bill is aimed at bona fide borrowers who, for some reason, are unable to repay their loans. The document implies a revision of the loan repayment system, as well as limiting interest rates and lowering the priority of penalty payments. Mechanism of action The modern annuity system for repaying a loan to a bank will be revised after the law on credit amnesty comes into force. When the borrower makes a contribution to repay the debt, the distribution of funds is as follows: priority is given to writing off fines; interest comes second; Lastly, the money goes to cover the principal debt. The new vision of the credit loan payment system can be seen as a way to get rid of credit, which implies support for citizens who regularly make loan payments, but for certain reasons are unable to act according to the payment schedule.

For such borrowers, the bank will be obliged to provide preferential loan payment terms: lower interest rates; limiting the amount of the monthly contribution; priority to the principal debt when depositing minimum funds into the loan account; cancellation of accrued fines, interest and penalties; clearing your credit history. How to get rid of loan debts before 2018 Theory is theory, but an important question remains. So, how to legally get rid of loans before 2018? Let’s assume that this question has recently arisen in your mind, and the amount of debt has not reached the level where a collection agency would take over the matter or a solution would be sought in court. What to do then and how can a borrower get rid of a loan legally? There are several options for the development of events. Loan restructuring The borrower can submit a written application to the bank management with a request for restructuring or deferment of loan payments. You will need to attach to the application documents registering financial difficulties - loss of a job, etc. The actual deferment itself is that the borrower will temporarily pay only interest, gradually reducing the total debt, as well as subsequent monthly installments.

(adsbygoogle = window.adsbygoogle || ).push());

Restructuring increases the credit period, which proportionally reduces the amount paid each month. Selling pledged property Another way to get rid of an overdue loan is to sell the pledged property. This is a radical way to repay a loan in the shortest possible time, but one of the most effective, since the role of collateral is often played by real estate or a car, even the dumped value of which will satisfy the creditors. The property is appraised and then put up for sale. When a buyer is identified, a transaction for the sale of collateral is drawn up, and the funds are used to cover the loan. Credit holidays Credit holidays are a paid option provided by banks both during restructuring and as an additional service. The essence of this method is a deferred loan payment, which is issued once during the year. The cost of credit holidays is equivalent to 15% of the monthly payment with a minimum of 2000 rubles. In this case, the loan term increases by the duration of the deferment; The amount of overpayment also increases. Attracting guarantors Material support from guarantors can be a way out in case of unexpected financial difficulties of the borrower. The bank has the right to contact a guarantor for partial or full repayment of the loan debt if the debtor is unable to repay the loan on his own.

The clauses of the guarantee agreement imply joint liability, which guarantees the guarantor the right to the collateral property in an amount equivalent to the covered part of the debt. Alternatively, the guarantor may seek monetary damages from the borrower. According to Article 367 of the Civil Code of the Russian Federation, a guarantee may be terminated in the event of: Changes in credit conditions that tighten the obligations of the guarantor, without the written consent of the latter. Changing the borrower without the consent of the guarantor. Refusal of the creditor to accept the fulfillment of obligations. Expiration of the guarantee period. Bankruptcy of individuals Bankruptcy of individuals person occurs when the arbitration court confirms the borrower’s inability to fulfill any financial obligations. Any citizen whose total debt is more than 500 thousand rubles with the last payment overdue for 3 months has the right to begin the recognition procedure.

If the borrower is declared bankrupt, he is deprived of the right to: carry out purchase and sale transactions of property and use it as collateral; issue sureties; leave state borders (optional); independently manage funds in bank accounts. How to get rid of credit debts through the court If it is not possible to collect the loan debt with the help of a collection organization, the bank will be forced to go to court to solve the problem. There is no need to be afraid of going to court, since there are often situations where additional accrued interest, fines, etc. as a result of the trial they are reduced. As a result, the borrower has the right to pay the net amount of the loan. Bankruptcy of individuals and its consequences Financial insolvency of the borrower is achieved by artificially reducing income and selling property or transferring it, but this method can be considered legal only formally. The idea is to transfer property to relatives, friends, etc., making it the property of third parties.

Next, the borrower needs to quit his official job and close all bank accounts. To carry out the bankruptcy procedure, there is no need to transfer the last apartment. If minors are registered in the borrower's house, or if it is the only home, bailiffs do not have the right to seize it to repay the debt. In general, the procedure for completing all documents may take a lot of time, but this will keep your finances and property intact. In what cases can a bank write off debts completely? The probability of writing off a loan from a borrower is relatively high due to: impossibility of collection; loss or death of the borrower. Unrepaid loans spoil financial statements, so bankers often forgive such debts so that they do not hang on the balance sheet as a dead weight. In addition, the bank can write off the loan if the debt is small, and its return will bring more losses than profits.

Although there are few cases of complete write-off and this is always the exception rather than the rule. Limitation period for collecting loan debt It is possible that attempts to collect the debt are so delayed that the bank goes to court 3-4 years after the borrower makes the last installment on the loan. In this situation, the defendant may claim that the statute of limitations has expired, and there is a high probability that the lawsuit will be won, and the creditor will be forced to write off the debt. But it is necessary to realize that bank employees and collection organizations will have time to ruin the borrower’s life before the write-off occurs.

Read also on the topic:

The essence of the upcoming pension reform CAN A WORKING PENSIONER QUIT FOR PENSION INDEXATION AND GET EMPLOYED AGAIN? Pension indexation will take place in August 2018 and January 2019

On January 1, 2017, changes to some legislative acts that have been regulating aspects of consumer lending in Russia for several years came into force. Updated legislation has a significant impact on the relationship between lenders and borrowers. Below we will look at the documents that were amended, and also note the nuances of consumer lending that were not affected by the changes.

Review of changes in consumer lending laws

Since the beginning of this year, Federal Law No. 353 “On consumer credit (loan)” dated December 21, 2013 and Federal Law No. 151 “On microfinance activities and microfinance organizations” dated July 2, 2010 have undergone changes. Thus, Art. 15 of Federal Law No. 353-FZ, which regulated actions aimed at repaying debt under a consumer loan agreement. Today, the collection of debt on a loan issued both in a bank and in a microfinance organization (MFO) is regulated by Federal Law No. 230-FZ.

As for the activities of MFOs, according to the amendments to Art. 12 clause 9, from January 1, 2017, a microfinance organization does not have the right to accrue interest to the borrower under a consumer loan agreement in an amount exceeding three times the loan amount. In this case, the debt repayment period should not exceed 1 year. Also from Art. 12 excludes the possibility of accruing other types of payments, except for interest on the loan, and in case of delay - fines and penalties. Art. was added to the law. 12.1, according to which, in the event of a delay, the MFO has the right to charge the borrower interest only on the outstanding portion of the principal debt. In this case, interest accrues until the total amount of interest payable reaches an amount equal to twice the amount of the outstanding portion of the loan. Also, a microfinance organization has the right to charge the borrower fines, penalties and other types of liability solely on the portion of the principal debt not repaid by the borrower. These conditions must be clearly and understandably communicated to the borrower by placing them on the first page of the loan agreement.

For example, the entire loan is in arrears.

• Loan amount: 15,000 rubles. Maximum amount of fines and penalties on the principal debt: 30,000 rubles (twice the amount of the outstanding part of the loan).
• The maximum amount to be returned, consisting of the principal debt, accrued interest, penalties and fines: 45,000 rubles.

The main aspects shaping consumer lending remained unchanged

Federal Law No. 353-FZ regulates:

1. The value of the total cost of the loan. At the time of conclusion of the agreement, the total cost of the loan, which is calculated in % per annum, cannot exceed the average market value of this indicator, calculated by the Central Bank, by more than 1/3. The Bank of Russia publishes statistics on this indicator quarterly. This applies to all loan categories.
2. Possibility of early repayment without commissions. The client has the right to early repay the financial institution the entire amount of the loan received or part of it without paying commissions. The borrower is obliged to notify the lender about this at least thirty calendar days before the loan repayment date, unless a shorter period is provided for in the agreement. The right of return is also regulated by Art. 810 of the Civil Code of the Russian Federation.
3. Maximum interest rate in case of penalty. This figure cannot exceed 20% per annum if interest is charged for overdue payments during the period specified in the contract.

MFOs, according to the current version of Law No. 151-FZ, do not have the right to issue a microloan or several microloans if the amount of the borrower’s principal debt exceeds five hundred thousand rubles if these funds are provided.