Lawyers named ways to avoid penalties for early repayment of loans

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The lawyers, in an interview with the Prime agency on May 4, told what to do if the bank tries to fine the client when trying to repay the loan early for alleged violation of the contract.

According to Alexey Gavrishev, lawyer and managing partner of AVG Legal, since 2011 Russian banks are obliged to provide borrowers with the right to early repay loans without additional payments or commissions. In the absence of a clause on early repayment in the agreement, the borrower must notify the bank of his intention to repay the loan early 30 days in advance. However, the lawyer explained, not all credit organizations voluntarily comply with these requirements of the law and in some cases may charge fines for alleged violation of the contract.

In this case, according to the expert, it is necessary to challenge the bank’s decision by a written statement demanding to return the commission or a fine for early repayment of the loan, referring to Article 809 of the Civil Code of the Russian Federation. If this does not help, you need to go to court with a statement of claim.

“Banks have no right to refuse a client’s intention to repay their debt ahead of schedule. Therefore, if bank employees refuse to accept your application or hinder you in some other way, ask to justify the actions in writing. Such a document will subsequently help you protect your rights, ”recommended Yegor Redin, Managing Partner of Position Rights Law Firm.

In addition, the expert notes, after paying off the bank debt, it is necessary to receive a document confirming this: a notification or an official letter on the letterhead of the credit institution, where the signature of the responsible officer and the seal must be included. Such a document will confirm that the obligations to the bank have been fulfilled and the loan has been repaid, and the bank has no claims against the borrower.

As Redin explained, early repayment of loans, as a rule, increases the individual credit rating of the borrower. It may indicate an increase in solvency, which means that it speaks of a decrease in the risk of default on the loan, which in turn, the lawyer concluded, contributes to the client receiving a more favorable interest rate from the bank for the next loan.

On April 29, Dmitry Ferapontov, senior lecturer at the Department of Banking at Synergy University, warned Russians against repaying loans through ATMs. According to the specialist, mistakes when paying for loans through ATMs are not typical, but still possible. Also, the risk of losing money due to the actions of fraudsters is not excluded.