Credit insurance assumes that in the event of an insured event, the borrower's debt will still be paid by the company in which the policy was issued. The document comes into effect immediately after the signing of the contract between the client and the UK. What risks are taken into account? First of all, this is a temporary or permanent disability due to the deterioration of the health of the bank client, the death of the borrower, and the deterioration of the financial situation. The loss of a job is also taken into account. Also, if the pledge option is applied, property rights are protected. Payments are also made in case of damage to the object or its destruction during cataclysms, man-made disasters or natural disasters.
If you take out a consumer loan, then you can insure only life and liability. But the mortgage requires already large measures - as a rule, banks offer to immediately issue protection for the life and pledged property of the client.
It is worth noting an important point here: the Civil Code of the Russian Federation provides that consumer credit insurance is a voluntary service. If you take a large enough amount for a long time, you can prevent possible troubles. But most often, borrowers refuse this service. Another thing is a mortgage or a car loan. Collateral insurance is either mandatory, and if you refuse it, you may be denied a mortgage. Or, raise the bet too much.
What does the legislation say?
Many borrowers still doubt the legality of compulsory insurance. However, the phenomenon is enshrined in official documents. So, in the Federal Law %102 "On Mortgage" it is stated that the subject of pledge (that is, the apartment) must be protected in the UK. The same applies to car loans: the provision is enshrined in the Federal Law No. 40 “On Compulsory Insurance of Civil Liability of Vehicle Owners”.
The fact is that the property acquired on credit, if it was purchased under a special program, becomes a pledge of the bank. So the lender receives a guarantee that he will receive the money back, even if the borrower himself can no longer pay the debt. The mortgaged apartment, house or car will be sold at auction - of course, in the most extreme case - and the proceeds will be used to close the resulting debt.
An important clarification: in the event of an insured event, it is not the borrower who receives the compensation, but the bank in which the loan was issued. Since the property was pledged to a credit institution, it is it that is considered the injured party.
What about consumer lending? In this case, the policy already protects the interests of the borrower, and not the bank. As we said above, voluntary insurance allows the bank client not to shift the responsibility for his debt to relatives. Payments will be made by the UK, and the bank will receive a commission income from its promotion.
Is it profitable?
This issue should be considered in relation to voluntary insurance of consumer loans. But even so, it is impossible to give an exact answer. Everything is individual. First of all, because the cost of the policy is determined by the cost of the loan. However, we can distinguish the features of two types of lending.
Loan without insurance
The ability to not spend money on buying a policy greatly facilitates the financial burden. Its price can reach several thousand rubles, and yet it is still expected to be renewed annually. In this case, it may turn out that the bank will treat the borrower with less confidence and request documents from the place of work - for example, a copy of the work book, salary certificates.
- With a policy
One of the most valuable advantages of taking out insurance is in more profitable offers from the bank itself. So, you will be offered a longer limit or term, or they will lower the rates on your loan. In addition, the online lending procedure is simplified, and in many organizations the required package of documents for applying is reduced. Well, and most importantly: in the event of an insured event, you or your relatives will not have to repay the debt - the insurance company will give it back.
But with all this, from the point of view of the borrower, such a deal is not the best offer. At least because buying a policy is still an overpayment. As a result, the protection of the UK may not be needed, but at the same time you will already spend a considerable amount. Is it possible to get this money back?
Cost and terms in Sberbank
How much will the policy cost and for how long is it usually issued? As a rule, the duration of the insurance is the same as that of the loan agreement. That is, if you issue it for a consumer loan for a period of 5 years, the contract with the UK will be valid for the same number of years. The same applies to long-term loans.
The cost of the policy depends on the amount of the loan and the interest rate for insurance. The higher the loan, the higher the total amount. Service fees also vary.
- From accidents - 0.30−1% of the cost of the loan at the base rate;
- Life protection - from 0.30 to 4% of the loan value per year;
- From oncological diseases - 0.10−1.7%;
- Collateral insurance - from 0.70% per year.
The above rates are based on base rates. Remember that the additional risks that apply to each type of policy increase their value.
As a rule, Sberbank's clients are insured by its subsidiary. However, you can choose any other SC from the list accredited by the organization. Check out the full list at the link.
Can I get my insurance money back?
The most common question asked on financial forums is how to return insurance on a Sberbank loan? And is it possible in principle? Unfortunately, bank employees themselves are often silent about this possibility. Meanwhile, this is a very real opportunity to recover their losses.
In what cases is this possible?
- Within 14 days after registration,
- With early repayment of the loan, when the need for a policy is no longer necessary.
An option is also provided when no more than 30 days have passed since the conclusion of the contract - in this case, you can return 100% of the insurance premium, if this possibility is specified in the contract.
And when submitting an application later than 3 months from the date of payment of the contract, the refund is calculated taking into account the number of days during which the insurance was valid.
Within 14 days after registration
Until 2015, it was impossible to terminate the insurance contract, even voluntary. Many clients, not knowing that they could refuse to purchase a policy, entered into a dispute with banks, and, subsequently, took the case to court. In 2015, the Central Bank of the Russian Federation issued a decree obliging banks to provide for a "cooling off period" - five days, during which borrowers would have the opportunity to review and recheck the documents received from the bank and decide whether this option is really necessary - or whether it is all you can still refuse. Since 2018, this period has increased to 14 days.
The easiest way to cancel full loan insurance is to apply within the first 14 calendar days of the loan being issued. For this you will need:
- Write an application for a refund at a bank branch or by sending a document by mail. The application must be accompanied by a receipt for payment of the premium and other documentation that you received on the day of the transaction.
- Wait for the paid insurance premium to arrive - as a rule, they are transferred within ten days.
By the way, different banks set different cooling periods - however, they should not be less than prescribed in the Directive of the Central Bank of the Russian Federation. For some products, Sberbank has set a month-long cooling period.
Important! When refusing insurance, it is worth remembering that the interest on the issued loan may increase. In addition, Sberbank, like any other credit institution in the Russian Federation, may refuse to issue you a loan without giving reasons in accordance with applicable law.
How to return the bonus if the cooling period has already passed? According to the Civil Code of the Russian Federation, the return of the insurance premium is possible only during the cooling period, as well as in case of early repayment. It will be possible to return the money after the end of this period and before the full repayment of the loan only if the bank has provided for such an opportunity in the contract or through the court.
Early repayment
You repaid the loan ahead of schedule, fulfilled all your obligations, but the contract with the UK is still valid. Sberbank makes it possible to return insurance in this case, because you, in fact, stop using the service.
For this:
- Read the contract carefully, ideally with the involvement of a lawyer, so as to eliminate the tricks written in small print;
- If there are no exceptions in the contract, find out which company you are insured with;
- Write an application addressed to the UK and attach the necessary documents (list below);
- Submit the application in person to a bank or UK branch, or send documents by registered mail with acknowledgment of receipt if you live in an area remote from UK offices.
A copy of the insurer's passport, a copy of the loan agreement, as well as a certificate of no debt must be attached to the application.
Return of money through the court
If the paid insurance premium was not returned within the set time or you were refused a refund, first of all, familiarize yourself with the position of the insured himself. A justified refusal should be considered cases where the client himself applied for a refund after the expiration of the cooling period, and also when the contract itself does not provide for a refund of the premium.
It is worth going to court only if the arguments of the UK are illegal.
In this case, it is worth considering a number of features:
- The client has the opportunity to apply the law "On the Protection of Consumer Rights", which implies exemption from state duty, compensation for moral damage, as well as a fine of 50% of the amount you require, etc.
- According to Art. 395 of the Civil Code of the Russian Federation, there is the possibility of collecting interest for the period from the moment the application is submitted until the day the obligations are fulfilled;
- You can also claim compensation for legal costs.
First of all, remember that it is worth drawing up an application and forming a legal position only with the support of a competent person. Contact a lawyer who will not only help you make the necessary statements, but also protect your interests in court.
The procedure for returning insurance in this case is as follows:
- Make a statement. There is no specific form, however, in terms of content, it must comply with the Code of Civil Procedure of the Russian Federation;
- If the amount of claims is less than 50 thousand rubles, the claim is sent to the world court. In other cases - to the district court at the place of registration of the defendant. If this is not possible - at the place of residence of the plaintiff.
- After that, the parties will receive notifications with the date of the trial, at which both parties will provide evidence of their innocence to the court.
As a rule, consideration of a case in a world court takes up to 1 month, and in a district court - up to 3 months. If there is a clear violation of the law in the case, the court may form a decision in one session.
How much can be returned
Unfortunately, in some cases it will not be easy to return the money in full. It all depends on when exactly you applied.
- Up to 14 days - the full cost, provided that an individual insurance contract has been concluded;
- After 14 days - 100% of the amount, if the contract has not yet been concluded. In other cases, the amount is calculated taking into account the days during which the insurance was valid;
- More than a year (in case of early repayment) - also calculated based on the period of use of the policy.
Conclusion
Unfortunately, the practice of imposing insurance services in voluntary lending remains relevant, regardless of the size and reliability of banks. However, the law also provides for the possibility of returning money spent on an unnecessary service. The main thing is to know your capabilities. It is easiest to cancel insurance during the cooling period. Therefore, we recommend that you be as careful as possible when applying for loans, as well as double-check the documents received - the sooner you solve the problem, the sooner you will be able to return the funds spent.
If you have ever taken a loan from a bank, then you already know about such an additional service as credit insurance. For those who are faced with it, the question of the possibility of returning the sum insured becomes relevant. That is why, in order to help you deal with all the difficulties, we will consider all aspects of the assignment of the sum insured and the conditions for its return.
Why do you need to insure a Sberbank loan?
Loan insurance is an additional voluntary service that the bank offers to arrange for borrowers at the time of concluding the main contract for consumer or other types of lending. Taking advantage of the legal illiteracy of their clients, bank employees impose insurance as a mandatory service, without which it will be impossible to issue a loan.
The main areas of Sberbank's insurance services are:
- insurance in case of disability (disability);
- loss of income (dismissal from the main place of work);
- insurance of acquired property against damage;
- the death of the borrower.
However, given the statistics in which an insured event occurs extremely rarely, then paying for such insurance, which is not so small, you simply give your money to insurance companies free of charge.
Insurance cost, terms
The very first question - what is the cost of the insurance policy? After all, there is no single price for this service. It all depends on the company you choose as an insurer. The main nuance is that the term of the insurance policy is a priori equal to the term of the loan being issued. That is, if you took out a loan for 1 year, then you will have to pay for insurance during the year.
When taking a loan from Sberbank, you can take out an insurance policy both from your own IC Sberbank Insurance, and attract a partner insurer, Sberbank has about 30 of them. You can also attract your own company, but it must meet the standards set by the bank.
If we consider the average prices, then the cost of the policy will be for the year:
- from 0.3 to 1% (of the cost of the loan) - accident insurance (excluding additional services to the starter package);
- from 0.3 to 4% - life insurance;
- from 0.7% - insurance for collateral;
- from 0.1 to 1.7% - in case of cancer.
Pros and cons of Sberbank loan insurance
No matter how profitable a banking product is, you can always find pros and cons for it.
The advantages include:
- optionality of this service - if the client does not want to take out insurance, he can refuse it, but this does not apply to insurance of collateral;
- if desired, the insurance can be returned in whole or in part, if you do not wait for the expiration of the contract;
- if, nevertheless, an insured event has occurred, the insurer will repay the loan for you;
The disadvantages include the following points:
- the bank can go on principle and refuse to approve a loan without purchasing insurance;
- if the insured event has not occurred, you have wasted money;
- It is impossible to return the money after the expiration of the insurance period.
Return of insurance after loan repayment
Everyone wanted to return their insurance premiums in full or at least a partial amount, if the insured event still did not occur. However, you need to understand that not a single insurance company wants to lose its profits, and when signing an insurance contract with them, you must read the entire agreement in full, because especially cunning companies prescribe the conditions under which they may refuse to pay your insurance amount .
According to the Civil Code of the Russian Federation No. 958, each client can refuse life and health insurance when applying for a loan, and also has the right to demand a refund of the previously paid sum insured if the term of the loan and insurance contract has not yet expired.
It is important to understand that the conditions for the return of insurance premiums for each type of loan vary:
- consumer credit- provides for the legal possibility of returning the previously paid insurance premium both during the first 14 days and throughout the entire loan period, under certain conditions. Therefore, by contacting the bank, if you were insured by Sberbank Insurance, or directly to the insurance branch, you ask for a form for drawing up an application for a refund of the sum insured. Fill it out in 2 copies, one for the company, one for you, and ask the manager to mark the acceptance of your application. If the insurance company refuses to fulfill its obligations, you can apply to the court with your copy.
- Mortgage- it implies 2 types of insurance: life and health, as well as collateral (apartments or houses). If you have the right to refuse the first insurance, referring to Article 958, then refusal to insure property is prohibited by the law of the Russian Federation. Therefore, you can hope for a refund of the sum insured only if the loan is repaid ahead of schedule.
- car loan- in its essence is completely identical to mortgage lending. Therefore, if the borrower can refuse his own insurance, then he simply does not have the right not to insure his car. And it will be possible to return part of the insurance only in case of early repayment of the debt, and only in an amount equal to the number of days remaining until the end of the insurance contract.
Sample Application
To be able to return the insurance amount, you need to submit a written application to the bank branch where the loan was previously issued. The filling form is typical for all financial institutions:
- the name of the institution, the address and full name of the bank or insurance manager, as well as the data of the insured person (name, address and telephone number) are written in the header of the application;
- the main application indicates the grounds for the return of the sum insured;
- borrower's passport details;
- payment card details for crediting funds to it;
- number of the loan and insurance agreement, the term of their execution and expiration;
- date of application and personal signature.
You hand over the first copy to the authorized manager, and take the second copy for yourself, first giving it a mark of acceptance.
What amount can be returned?
Depending on the type of lending and the terms of the insurance policy, the client has the right to return his money paid in the form of an insurance premium. You can only claim a refund in a few cases:
- within the first 14 days after the conclusion of the contract, you can apply for a full refund of the sum insured due to cancellation of insurance;
- if the term for the execution of the contract exceeds 14 days, then you can only count on 50% of the previously paid amount of the insurance premium;
- in case of early repayment of the loan, you can demand the return of insurance, but in the amount calculated for the remaining period of insurance.
Return of insurance in case of early repayment of the loan
Most of the applications for the return of the insurance premium on the loan account for the case of early repayment of the debt. After all, if the contract was drawn up for 3 years, and the loan was repaid in 2 years, then why overpay for an unnecessary service. Then you need to submit a written application to the bank or insurance company, with a request to return the previously paid insurance amount and terminate the insurance contract due to early repayment of the loan.
If the insurance company refuses to reimburse you for paid insurance premiums, and this is contrary to the terms of the contract signed by you, you can demand the return of the funds paid in court.
Return insurance within 14 days
After applying for a loan at Sberbank, if an insurance agreement was imposed on you, you have the right to refuse it without loss for yourself within 14 days. That is, if you managed to submit an application for termination of the insurance policy within this period, the bank guarantees you a full refund of the paid insurance premium.
However, if the insurance was issued in a partner company, then they may have a deduction from the insurance premium in the amount of 13-20%.
Arguments to protect your rights
Perhaps the most pressing question for most borrowers: "What arguments should be given in order to be able to return their money."
The most significant will be:
- The imposition of the service - if the client can prove that he was not notified of the opportunity to refuse the insurance being issued, or was forcibly forced to issue it to approve the necessary loan;
- If the bank has included the service of connecting to the insurance program in the total amount of the loan, thereby intentionally increasing the amount of the commission. This is a violation of consumer rights and is subject to judicial challenge;
- If the borrower has repaid the loan, he has the right to refuse other services provided (in our case, insurance), if their term has not yet expired at the time of full repayment of the debt.
Nowadays, banks are actively trying to increase their profits in various ways. One of these methods is the purchase of insurance by the client, when applying for one of the banking services. Therefore, it will be useful for you to learn how to legally cancel insurance after you have already received a loan, how to return the insurance that was imposed on you, and also how to return insurance in case of early repayment of the loan.
What is credit insurance
Let's first understand the meaning of such a concept as insurance.
Credit insurance is an insurance product that reduces the risks of the bank in case of adverse situations in the life of the borrower, and also insures the life of the client.
Thus, in case of loss of the borrower's job or other adverse situations, the insurance company will assume the entire burden of responsibility to the bank.
The percentage of insurance depends on the amount borrowed. We take more - insurance will cost more. No one will work at a loss - so do not be surprised at the cost of insurance for a large loan.
What can you insure a loan against?
- if you have received a disability
- serious illness
- job loss
- worsening financial situation
- borrower's death
If you are going to take out a consumer loan (including), then you will insure only your life and liability. And in the case of or any other loan where collateral is required, you will need to insure your life and the pledged property from damage.
Attention! According to the Civil Code of the Russian Federation consumer credit insurance is not mandatory and is made at the request of the borrower. In the same time collateral insurance is mandatory if it is a mortgage or any other loan that requires collateral to obtain it. But in this case, you are no longer obliged to insure liability.
Why you need to insure a loan
It is in the interests of any stable developing bank to minimize the percentage of loan defaults. As for Russia, the situation here is not simple, and therefore the banks have no choice but to “impose” insurance on all customers. Insurance is a very profitable business, so many banks create their own insurance companies and then make them part of their holding. Thus, it turns out to earn both on interest on a loan and on a questionable service called “insurance”.
Is credit insurance beneficial to the borrower?
If you look from the point of view of an ordinary person, then, of course, it is unprofitable. After all, the amount of the loan increases in addition to the amount of insurance. And who wants to just pay interest on "air"? Well, if your activity is associated with risks and there is a high probability of being fired or incapacitated, then you will receive a certain benefit from insurance.
Useful information! Often consultants in the bank argue allegedly undeniable benefits of insurance such as, for example:
If you lose your job, your debt will be covered by insurance or if you become disabled. In addition, if you die, the debt will be closed and it will not be inherited. Now let's look at these statements in detail. Loans are mainly taken by people from 18 to 45 years old. How long will you last without a job? I think no. Find a new one quickly. Would you dream of becoming an invalid in the midst of your vitality? Also no. Well, if you die and the heirs do not inherit, then the loan will not be transferred to them either. Such are the "benefits" of insurance.
Insurance cost and terms
We think you will also be interested to know the answer to the accompanying question: “How much will insurance cost and for how long is it valid?”
The term of the insurance policy is exactly the same as specified in the loan agreement. If you took a loan for 3 years, then the insurance will be valid for 3 years.
Sberbank has its own subsidiary, which is engaged in insurance - "Sberbank Insurance"
Insurance cost:
- accident insurance from 0.30 to 1% of the loan value per year + many paid additions to the base rate
- life insurance from 0.30 to 4% of the loan value per year + paid additions to the base rate
- cancer insurance from 0.10 to 1.7% + paid add-ons
- collateral insurance from 0.70% per year of the loan amount + paid additions to the base rate
The loan amount depends on two criteria: the interest rate for insurance and the loan amount. As we have already discussed above, the higher the loan amount, the greater the total loan insurance amount.
Features of insurance in Sberbank
- obtaining insurance when applying for a consumer loan is not mandatory
- a paradox between the law of the Civil Code of the Russian Federation and life: in case of refusal of insurance, Sberbank has the right to refuse to issue you a loan
- in the case of a mortgage, you are obliged to insure the property that serves as collateral for the loan against damage (this is the law)
- You have the right to return the Sberbank loan insurance ahead of schedule, without waiting for the end of its validity, but only if no more than 30 days have passed. In this case, you will be refunded 50% of the cost of insurance or they will recalculate the return of the balance of the loan by day
- return of insurance on a loan at Sberbank is carried out in accordance with the provisions of the Civil Code of the Russian Federation
- You have the full legal right to refuse credit insurance even after receiving a loan within 1 month from the date of signing the loan agreement and make a "return of the service" without changing the terms of the loan.
Sberbank imposes insurance when applying for a loan, what to do
But what if Sberbank imposes insurance when applying for a loan? Is it legal?
It is illegal!
In this case, you need to be guided by Article 958 of the Civil Code of the Russian Federation, which states that banks do not have the right to impose life and health insurance on the borrower, do not have the right to fine borrowers in case of refusal and take other unauthorized actions against the borrower. Otherwise, the bank can be sued and sanctions will be applied to it.The law also contains information that the borrower has the right to return the full cost of insurance if from the moment of loan issuance no more than 30 days have passed , and if from the moment of registration more than 30 days have passed , but the insurance policy has not yet expired, then only 50% returned from the cost of insurance.
But if we are talking about secured lending (mortgage), the law obliges the borrower to insure the mortgaged property (Civil Code of the Russian Federation No. 102, article 31), and it will not be possible to refuse insurance.
Advice! Thus, if the bank refuses to issue you a loan, due to the fact that you refused insurance, you can sue the bank, but this is an option if you have money and time. And if you want to achieve your goal and get the desired loan, then feel free to agree to insurance and within 30 days after the conclusion of the contract, refuse insurance by writing an application at the bank branch and return the full cost of insurance to yourself back.
How to get money back for insurance
Do they return money for insurance on a loan at Sberbank?
Answer: they return if no more than 30 days have passed since the loan was issued, if more than 30 days have passed, but the policy has not expired, then you can return only 50% of the cost, and you can also return money for insurance in case of full or partial ( which does not affect the insurance reimbursement provisions).
And now about how to return insurance on a Sberbank loan.
Attention! There is an opinion that it is possible to return the insurance only if the loan is paid off ahead of schedule. This is not true! The insurance can be returned throughout the entire term of the loan and insurance. The only thing that remains unknown is how much will be returned.
How to return insurance:
- We take two sheets of paper and write an application in two copies addressed to the insurance company in which the insurance is issued. In our case, this is Sberbank Insurance LLC.
- We collect all the necessary documents (the list of required documents is listed below)
- We submit an application personally to the office of the insurance company, in our case we go to the branch of Sberbank
- The employee accepts your application and puts a mark on the acceptance of the application
- We are waiting for movement on our issue. Usually it's a couple of days.
If they refuse to accept the application, referring to all sorts of nonsense, then we boldly begin to complain to various authorities. We start with the head of the Sberbank branch and end with the Prosecutor's Office, Rospotrebnadzor and the Central Bank of the Russian Federation.
Cancellation of insurance after receiving a loan
You have the full and legal right to express your refusal of insurance after receiving a loan from Sberbank, and if everything is done in accordance with the law, then no one will be able to “take away” the issued loan from you, and even no one in the bank will look askance at you.
It's just about returning a product that doesn't fit, just like with clothes.
Return of insurance in case of early repayment of the loan
Return of insurance in case of early repayment of the loan is much easier than any other cases. Everything is logical - the loan ended, you fulfilled your obligations to the bank and the insurance was not useful, despite the fact that it is still valid. Why not return the money for the service not fully used?
How to return the money in this case:
- We carefully read the loan agreement, it is best to involve a lawyer at this stage (the fact is that sometimes the agreement is drawn up in such a way that it bypasses Article 958 of the Civil Code of the Russian Federation and then it will not be possible to return the insurance even through the court)
- If the contract is ordinary without tricks, then we find out the company - the insurer
- We write applications addressed to the insurance company for the return of insurance (sample application above)
- Attach documents (list below)
- We personally submit it to the office of the insurance company, or if you live in a remote area, then we send the application by Russian post with a return receipt
- When submitting an application, we personally make sure that the insurance employee put a mark on acceptance
- If the employee refuses to accept the application, then we write a complaint addressed to the director with reference to Law 958 of the Civil Code of the Russian Federation
- If the director of the company also refused, then we write a complaint against the insurance company to all authorities (Rospotrebnadzor, the Prosecutor's Office, the Central Bank of the Russian Federation)
To return funds for insurance after paying off a loan at Sberbank, you must submit an application for a refund and related documents to the insurance company.
Insurance return documents (both in the case of a normal cancellation of insurance within 30 days, and in the case of a return of insurance upon early repayment of the loan):
- an application for the return of insurance on a Sberbank loan in any form addressed to the insurance company
- copy of the passport
- loan agreement (copy)
- certificate of absence of debt in the form of a bank
How much can be returned
Summarizing everything that is stated in this article and the conclusions from the legislative framework, both in the case of the usual return of insurance (well, you didn’t like the product), and in the case of return of insurance upon early repayment of a loan at Sberbank, you should:
- if you write an application for a refund within 30 days from the date of execution of the loan agreement, then you will be refunded the full cost of insurance
- if the application is submitted in the interval from 1 month to 3 months, then you should expect a refund of 50% of the cost of the insurance policy
- if the application is submitted much later than 3 months from the date of conclusion of the contract, then the calculation of the cost of returning the insurance will take place in proportion to the days during which you used the insurance services
- in any case, you will lose 13% income tax on the cost of the insurance policy
Insurance refund application
Where to apply?
The insurance company where you took out the insurance. In the case of Sberbank, you can apply at any branch of Sberbank.
How many copies of the application to write?
Only two copies: the bank accepts one for consideration, and the Sberbank employee puts a mark on the second one that the bank has accepted the application for consideration (this copy remains with you).
Loan recovery experience
The story of the return of insurance from the life of the borrower:
Related materials
Insurance is the most common additional service that lending institutions impose when applying for a loan. It increases the financial burden on the borrower and leads to a significant overpayment on obligations. We will figure out in which cases obtaining insurance at Sberbank is a mandatory procedure and how to get your money back.
A loan agreement is concluded between the applicant and the lender for consumer purposes, therefore it is regulated not only by the Civil Code of the Russian Federation, but also by the Federal Law “On Protection of Consumer Rights”. In accordance with the current legislation, ignoring insurance is not a reason for refusing to provide the applicant with borrowed funds.
All Sberbank loans can be divided into 3 groups: consumer, mortgage and car loans. Each group has its own insurance programs.
How to terminate an insurance contract imposed on consumer products?
The return of insurance on consumer loans is a very real procedure. In accordance with paragraph 2 of Art. 16 of the Federal Law “On Protection of Consumer Rights”, the creditor does not have the right to demand the receipt of an additional service when the consumer contacts him for the service he is interested in. Based on Art. 42 and 47 of the Civil Code of the Russian Federation, insurance is an additional service to lending, therefore, when applying for a loan for urgent needs, the client must independently decide whether he needs financial protection from the insurance company or not.
Due to the low financial literacy of the population, some dishonest employees of Sberbank issue voluntary insurance instead of mandatory insurance in order to receive an increased premium. In addition, it is difficult to find a mention that insurance is an optional procedure in a loan agreement, since such information is always printed in small print.
For some products, the contract states that the insurance is paid in a lump sum, so the borrower cannot return the difference between the amount actually paid to the insurance company and the amount of insurance protection in monetary terms for the period in which the loan holder actually used the protection provided.
The discrepancy between the term of the loan and the term for which insurance was paid is due to the possibility of early repayment of financial obligations or, conversely, late payment of a regular payment, as a result of which penalties and fines were accrued.
In accordance with Art. 958 of the Civil Code of the Russian Federation, the client may terminate the contract with the insurance company if the need for its services has disappeared. If the loan for urgent needs was closed within the period specified in the loan agreement, then it will not be possible to receive partial compensation from the insurer. In fact, he fulfilled all the conditions stipulated in the insurance contract.
In case of early repayment of obligations or a decision to cancel the insurance contract during their fulfillment, the borrower has every opportunity to return part or all of the insurance at Sberbank. In this case, an appeal to the insurance company is not required, you can return the money at the bank branch, minus the costs incurred to cancel the insurance policy.
There are 2 ways to return insurance at Sberbank for consumer products:
- Up to 30 days have passed since the service was issued. In this case, the borrower must write an application addressed to the head of the bank's division in order to withdraw from participation in the insurance program. No commission is charged for the provision of the service. In this way, you can return the entire amount paid to the insurance company.
- More than 30 days have passed since the registration of the service. The algorithm for obtaining a refund is similar to the first method. However, the borrower can return only 50% of the amount paid.
Important! The sales manager does not have the right to refuse to accept the application. It must be made in duplicate. Each is affixed with the seal of the unit, the signature of an authorized employee and the date of acceptance of the documents.
Return of mortgage insurance
If life and health insurance was imposed on the borrower, then he can return the money according to the scheme described above.
The situation is different with mortgage insurance. In accordance with Art. 31 of the Federal Law "On Mortgage" insurance of the risk of damage or loss of collateral is a mandatory procedure. In fact, Sberbank protects itself from possible losses that it may incur if the client fully or partially refuses his financial obligations in the event of loss or damage to real estate. In the event of an insured event, the obligation to make regular payments (or only interest) will be transferred to the insurance company.
Return of insurance in Sberbank under mortgage programs is possible only in case of early repayment of the loan, provided that the entire amount of insurance services was paid in a single payment for the entire loan period. To receive reimbursement, you must submit an application to the insurance company.
To return the difference between the amount paid and the actually used insurance services, in addition to the application, you must provide:
- passport;
- mortgage agreement;
- certificate of early repayment of mortgage obligations;
- account or bank card details for the transfer of compensation.
It takes about 30 days for the insurance company to review the application and return the funds.
Important! The client can conclude an insurance contract with an annual renewal. In this case, he will save time on the collection and submission of documents in case of early repayment of the mortgage.
Car loan insurance
With a car loan at Sberbank, vehicle insurance (CASCO) is required, obtaining life and health insurance is at the discretion of the client.
When paying off a car loan, the borrower has the right to return part of the insurance. However, a significant amount can only be expected if the target loan was repaid ahead of schedule. To return part of the funds paid, the client needs to contact the insurance company with a written application, attaching a copy of the loan agreement, a certificate of early repayment of the car loan, a copy of the passport and account details for transferring compensation.
Often there are situations when the insurance company refuses to return part of the funds paid on account of the insurance contract. In this case, the client can apply to the court to restore justice or complain to the Federal Service for Insurance Supervision.
Is information about the return of insurance entered in the BKI?
The financial dossier of the client consists of several parts: title, main, additional and informational. None of them provide for the entry of information on the return of insurance on the loan.
The return of a part of previously paid funds under an insurance contract is a practice of restoring the legitimate interests of the borrower. It has nothing to do with the payment discipline of the loan holder. Each client of Sberbank can return the imposed insurance both during the period of fulfillment of financial obligations, and in case of early repayment of the debt. However, it is worth remembering that the return of part of the funds is possible only until the statute of limitations (3 years) has expired.
It is not at all difficult to return insurance on a Sberbank loan if you take the right steps. From the article you will learn how and what to do.
Obtaining credit funds in banks of the Russian Federation is often associated with the imposition of additional services in the form of life, health, property and other insurance. A simple layman may not know, but each borrower has the right to either refuse insurance, or within a specified period to return the amount of the premium in part or in full. This material will tell how to return insurance on a Sberbank loan.
The lender was not chosen by chance. This is one of the largest players in the credit services market, directly related to the Central Bank of the Russian Federation. Therefore, the number of policies issued to citizens in this company significantly exceeds the figures of other organizations. And it is these people who are more often interested in the issue of the return of funds obtained in a not entirely honest way.
Issues of insurance of clients of banking institutions are regulated by the Civil Code of the Russian Federation and, first of all, by special instructions of the Central Bank of Russia. Moreover, in different cases it is advisable to use different methods and algorithms of actions.
Refund of Sberbank insurance after issuing a policy
If, during the signing of the loan agreement, the client did not react and did not have time to legally refuse insurance, “” comes into force. It lasts 14 days from the date of the agreement and can be used to legally terminate the contract with the insurance company. To do this, it is enough to write an appropriate application in the prescribed form, attach documents confirming the fact of payment for services and the policy itself. It will take several days to consider the issue, after which, as a rule, funds are transferred to the specified account number.
If the bank or insurance company issues a negative answer, it must explain it. If the client is not satisfied with the motivation, he can apply to higher authorities, for example, by writing a complaint to the Central Bank of the Russian Federation and Rospotrebnadzor, or to defend his rights in the courts.
But as noted earlier, if everything is done correctly and guided not only by the Instructions of the Bank of Russia, but also by the internal regulatory documents of Sberbank, following their recommendations, then there should be no problems with the return of the insurance premium, as well as "fee for participation in the insurance program" should not arise.
Is it possible to return insurance at Sberbank after early repayment of the loan?
As a rule, an insurance policy is issued for a period similar to that of a loan agreement, and a one-time payment made for the use of services is divided in equal parts by the number of months until the client repays debt obligations. However, practice knows many cases when, due to a sharp improvement in financial situation or other circumstances, the borrower gets the opportunity to close the debt to the bank ahead of schedule. Thus, the term of the policy is also reduced, and this leads to the client's interest in claiming part of the balance of the insurance premium.
Unfortunately, today insurers in the contract directly indicate the impossibility of returning insurance after the termination of the agreement. And when trying to defend their rights in court, this instance takes the side of the defendant, except in rare cases.
Mechanisms for the return of insurance in Sberbank, depending on the departments
A special instruction of the Central Bank No. 3854-U established that lenders do not have the right to put forward additional requirements for borrowers who intend to return the funds spent on insurance. De jure, this means the possibility of submitting an application in free form with a request to terminate the insurance contract. In practice, things are different. To speed up the process and receive money in a short time, you must follow the requirements of Sberbank, which has established various application forms for its insurance divisions.
Return of insurance to LLC IC "Sberbank insurance"
This division insures property, bank cards and other aspects involved in the relationship between the lender and the borrower. In order for the refund event to be completed successfully, you must attach an application in the form of the Insurer:
You can download the application form for the return of insurance at IC Sberbank Insurance LLC here: (downloads: 4033)
In addition, the following list of documents will be required:
- insurance policy;
- a receipt confirming the fact of payment for the services of the insurance company;
- copy of the passport.
After consideration of the application by the responsible official, the client will receive a notification of the decision. In case of a positive response, the funds will be returned to the details specified in the application.
It should be noted that the established application form of IC Sberbank Insurance LLC does not fully comply with the requirements of the Instruction of the Bank of Russia, in particular, the application is required to indicate the “reason for termination of the insurance contract”, while the Instruction of the Central Bank of the Russian Federation says that the return of the insurance premium must carried out on the basis of a written application of the Policyholder, without indicating the reason for termination of the contract.
But we would not recommend finding fault with the proposed application format, or providing, in the case of Sberbank structures. All this can only lead to a delay in the return of insurance.
Return of insurance to LLC IC "Sberbank life insurance"
The second branch of the largest lender, engaged in the provision of services to the population, specializes in issuing policies related to the life and health of borrowers. It is worth remembering that in order to return the money, you should fill out an application in the form approved by this Insurer. You can see his example below.
You can download the application form for the return of insurance at LLC IC LLC IC Sberbank Life Insurance here: (downloads: 3495)
The list of additional documents required to start the procedure is similar to the one listed above.
Return of Sberbank insurance under a collective insurance agreement
The third common format actively imposed on Sberbank customers is voluntary collective life and health insurance. In contrast to the previous two, the mechanisms of work here are different, since the Bank acts as an insurer, and the client is only an insured person.
This time, Sberbank PJSC acts as the main authority for proceedings and appeals, where it is necessary to carry your application. It is also issued in the form of a bank by analogy with the previous example.
Should be remembered that, in accordance with clause 4.1 of the “Terms and Conditions for Participation in the Borrower’s Voluntary Life and Health Insurance Program (applicable to Insured Persons accepted for insurance starting from February 04, 2018) – hereinafter referred to as the “Terms of Participation”” to return the “fee for participation in the program… the client must personally contact the bank branch and then write an application in the prescribed form. Separately, it is noted that " Sending an application by mail or using other communication channels is not allowed.».
We have serious doubts about the validity of the above thesis, since it limits the client's rights to notify the bank of his refusal by mail. What about citizens who, for one reason or another, cannot “personally visit” a branch of Sberbank and write an appropriate application for refusal to participate in the insurance program? Or what to do in a situation where bank employees do not want to provide an application form for waiving insurance, or do not want to accept an application from a client?
You can read the full text of the Terms of Participation on the Sberbank website, at.
Or you can download the "Terms of Participation" here: (downloads: 171)
The application form that Sberbank offers to fill out for customers who wish to opt out of collective insurance is presented below.
Is it possible to return insurance on a Sberbank loan after 14 days?
As noted above, when receiving a loan from Sberbank, you can be insured by means of concluding an insurance contract directly with the Insurer (IC Sberbank Insurance LLC, IC Sberbank Life Insurance LLC), or you can sign an application and insure yourself under a collective agreement insurance.
In the first case, you act as the Insured, and, therefore, there can be no discrepancies in the Instructions of the Central Bank of Russia. You have 14 calendar days to cancel the insurance and return the insurance premium in the amount of 100%, unless a longer period is provided for by the insurance contract ( and it is not provided). Of course, you can try to return the insurance even after 14 calendar days, but the result of consideration of your application may disappoint you.
Additional information on the return of insurance after the "cooling off period" .
In the second case, you are simply an “insured person”, the SBRF is the insured there. Of course, you can refer to judicial practice and the ruling of the Supreme Court of the Russian Federation and indicate that you must act as the Insured under this agreement. But, as you will probably agree, there is no need for this, because. Sberbank does not obstruct the return of the insurance premium and describes in detail how and what needs to be done.
And so, according to clause 4.2 of the "Terms of Participation", the 14th day begins to be counted from the day following the day the loan is issued, and also that if the 14th day falls on a non-working day, the application can be submitted in next business day.
In these cases "Insurance Program Connection Fee" will be refunded in full. If you apply for a refund of insurance after the expiration of the above period, Sberbank may also make a positive decision on the return of the connection fee. The refund amount is determined on an individual basis.
Return insurance options for customers: what you need to know
Practice shows that the commission charged by the bank for issuing insurance can be several times higher than the face value of the insurance policy. In fact, it is a kind of reward to the creditor for popularizing the services of a particular insurance company. Naturally, modern companies that specialize in issuing loans and providing other banking services do not want to lose their money. Therefore, when trying to apply for a refund of the insurance premium, you may encounter significant resistance. Employees' excuses vary greatly, depending on their imagination and instructions issued by management. For example, it could be:
- there is no responsible official on site;
- it will take a long time to process the application, as the state has a heavy workload;
- The database is down or there is a hardware problem.
All this sounds natural, and an ordinary client without experience may well believe and abandon his intentions. But if you persist and ask in writing to justify the refusal to accept the application, in almost 100% of cases all obstacles and interfering factors magically disappear, the equipment is instantly repaired on its own, and the person responsible for processing applications materializes at the workplace, like a real magician .
Our returns practice
The specialists of our company have repeatedly faced the task of returning the insurance premium at the request of clients, including helping to return insurance on a Sberbank loan. We have practical experience and some unique knowledge that allows us to quickly resolve this issue in favor of the applicant. For example, if an application was sent to IC Sberbank Life Insurance in a free form, and the department requires a specific one, you can do without a visit to the bank by sending an updated version by e-mail. But such manipulations are effective only for this unit, since the Insurer is obliged to be guided by the Instructions of the Bank of Russia, which, in particular, note the fact that the return of the insurance premium must be made on the basis of a written application from the insured and without indicating the reason for refusal of insurance - an application form for return insurance can be arbitrary! But, nevertheless, we recommend that you comply with the "requirements" of the insurer and provide documents for the return of insurance in "their form".
If you don’t have the time, energy, and desire to fight the system, challenge wrongful insurance refund decisions, and stand in line for hours, just turn to the experts. Based on proven and effective algorithms, we will find a way out of this situation and return the money that belongs to you by law.
