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Credit disputes. Features of the war with the bank

If you took out a loan and could not repay it fully and on time, this is the beginning of the so-called credit dispute.
What is necessary to understand when you are on the verge of a judicial procedure that the bank intends to initiate against you? < br /> It is necessary to understand the weak points in the position of your stronger opponent - the bank. It is necessary to grope these gaps, trying to build, relying on them own protection.
In this article we want to focus on the most common mistakes of the bank, which we can use with you in the framework of the judicial procedure and, as gamblers say, “stay with our own”.

1. Confirmation of the loan issue.
In the framework of the judicial procedure, each party is obliged to substantiate with evidence the circumstances to which it refers.
Speaking of the fact that you owe the bank money, the latter must submit a loan agreement, providing in what currency, for how long and on what conditions the loan funds are provided.
In addition, he must confirm the fact of issuing a loan. Otherwise, what to return?
And then the questions often begin:

    • • The money was issued, but not in the form provided by the contract (for example, the issue should have been made in cash, but by transfer to the account, or vice versa);
    • • Money issued, not in the wrong currency;
    • • The loan was issued in cash, but there are questions to the bank’s payment order (for example, there are not enough signatures, including yours), etc.
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What gives you the presence of these blemishes in the actions of the bank, or the documents provided to them:

      • • Opportunity to dispute if a loan is issued , if you can properly file the judge has flaws in the bank evidence (for example, if the signature on the order is not yours, then the loan is not issued, and therefore the bank has no right to demand its return);
      • • Opportunity to challenge interest for using credit funds (for example, if the form of issuing a loan is violated, you can try to assert that these are non-contractual obligations and return the money it is necessary, but where is the interest, which is provided for by the loan agreement, which the bank has not fulfilled on its part).
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2. The bank secured its right to unilaterally increase the interest rate in the loan agreement.

Such contractual mechanisms are now rarely seen, as banks always try to avoid deliberate violation of the law.
However, this is a mechanism by which the bank tries to insure itself against your disagreement with an increase in the interest rate . In particular, the contract may provide for a number of reasons (an increase in inflation, the dollar exchange rate, etc.), using which the bank has the right to initiate the issue of increasing the interest rate.
In this case, it sends you about this letter, to which you must respond by joining the bank and signing the corresponding supplementary agreement to increase the interest rate.
Otherwise, the new rate starts to act automatically. Moreover, not from the moment you receive the said bank letter, but how banks in contracts like to write it from the moment this letter was sent.
The presence in the contract of a specified (or similar) interest rate regulation mechanism, in a format convenient for the bank, is called one-way the order of its increase, which is prohibited by law.
Timely detection of such a mechanism will allow you to formulate and bring to court the position that all interest for the use of credits must be recalculated according to the originally recorded in the contract rate.
This will save your finances and will prevent the bank from wanting to get extra money from you.

3. If you are a surety.
Common situation: a friend asked you to sign a surety agreement, because without this you cannot buy office equipment on credit. Everything is decorated, time passed, everything was forgotten. Then a bank pops up with its demands to repay the debt for a friend who is no longer a friend, and has not seen him for a long time.
It is important to know under what circumstances the guarantee stops:

    • • If, due to performance or other circumstances, the main contract has been terminated - credit;
    • • If the volume of responsibility of the guarantor has increased (for example, the interest rate has been increased in the loan agreement, or the loan body has been additionally issued, and no corresponding changes have been made to the surety agreement);
    • • If the loan repayment date has come, but for some reason the bank did not accept the execution of the loan agreement by the debtor or guarantor;
    • • If the debtor is changed, and you, as the guarantor, have not renewed the guarantee agreement for the new debtor;
    • • If the deadline specified in the contract of guarantee has expired. If such a period is not specified, the guarantee is terminated, if the bank does not present a claim to you as a surety for a period of six months, from the moment of violation of the loan payment period. If the loan repayment period is not set or set at the time of claim, the guarantee is terminated if the bank does not go to you with a judicial war for one year from the date of the conclusion of the guarantee agreement.
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The presence of one of the above circumstances completely excludes your responsibility as a guarantor. Our only task with you is to bring it to court on time and in compliance with all the formalities.

4. Writes off unnecessary fines of the bank.
Often, the excitement from the beginning of a judicial war with a bank is so great that you think about such a thing as a limitation period only after all these troubles. That is too late.
At the same time, the issue of applying the limitation period when writing off a fine, a fine, is relevant just before the court pronounces its verdict.
The law says that limitation is a period within which A bank can go to court.
The law also provides for two types of such a period: general (lasting for three years) and special (one year). The latter relates to the requirements for the exact recovery of penalties.
The general term (three years) is applied according to the procedures for collecting the loan body. Upon its expiration, such a court will not be in favor of the bank.
The same will happen if the basis for the imposition of a fine by the bank is beyond one year.
If this measure of financial responsibility is continuing (penalty), then the requirement of its payment, which is beyond 1 year (since the start of the delay) will also not be satisfied by the court.
It is important to remember that the court does not apply the limitation period independently, but on your application until the final verdict on the case.

 

Do you have problems with debts?
Need a specialist in credit disputes?

Contact our law firm! We, our specialists, will accompany you at all stages of resolving a credit dispute and will ensure the achievement of the desired result!


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