Is it possible to repay the loan ahead of schedule? How does partial early repayment of the loan take place - the main points Who can apply for early repayment

When the opportunity arises, credit borrowers try to get rid of the debt burden as early as possible. Or at least weaken it. But how is the early repayment of the loan? Legislatively, this procedure is regulated by two acts. These are federal laws No. 284 of 10/19/2011 and No. 353 of 12/21/2013. As well as articles No. 809 and No. 810 of the Civil Code of the Russian Federation. First of all, it should be said that it is possible to repay credit debt earlier than the term specified in the agreement for those customers who took a cash loan not for business purposes. That is, it is a consumer loan, mortgage, car loan, but in no way a loan for opening and / or developing a business.

Frequently asked questions about early loan payments

Early payment with legal entities is negotiated in a strictly individual, special manner. In principle, now many banks are only happy when the client repays the debt ahead of schedule. Previously, financial institutions did not welcome such actions and even charged fines. Federal Law No. 284 legislated the right of bank customers to pay the loan in advance. Until the loan is closed. In addition, the current crisis has put short-term loans in first place. Organizations in an unpredictable economic environment seek to get what they need from the borrower as soon as possible - and that's it.

Therefore, Sberbank, Gazprombank, Rosselkhozbank and others are doing their best to accommodate such borrowers. However, this does not mean that the borrower can no longer face bank pressure when trying to pay off early. Some bank will establish a six-month moratorium on early payments. The other will take a commission for recalculating the remainder. But in this situation, the law is on the side of the borrower - this should be remembered. What are the most frequently asked questions about early loan repayment? So:

1. Can a bank prohibit the leveling of credit debt before the full repayment period, which is prescribed in the contract? No, he can not. Any client has the right to express a desire for preventive payment of the loan at any time and implement it. The amount of such advance payment in case of early repayment of a loan or part of a loan is also completely determined by the borrower. The only exception is . If the borrower violates his payment obligations, his money will immediately go towards paying for missed installments and penalty interest. And only then the remaining funds can be used to repay the loan in advance.
2. Is the service of full loan repayment before the main term free of charge? The main conditions for early repayment of the loan are common to all public and private banks. A financial institution does not have the right to charge any additional interest or commissions for early settlement of a loan. Quite often, a clause is immediately indicated in a bank agreement, which stipulates the client’s ability to deposit any amount in order to quickly pay off the bank.
3. The client has the right to pay for the loan in part or in full ahead of schedule, regardless of the amount of the loan to be repaid and how much time is left until the closing of the loan specified in the agreement. If we are talking about partial early repayment, then the bank must make some recalculation of credit debt.

Rules and restrictions

Although the client is relatively free in terms of early repayment of the debt, there are still some restrictions here:

• if the borrower decides to deposit a certain amount in advance, the bank should be notified about this - preferably in a written application, but you can leave a request in the Internet office or make a call to the call center;
• and this must be done 30 days before the date of making the unscheduled contribution. Although the rules for early repayment of the loan are flexible, and in accordance with paragraph 2 of article No. 810 of the Civil Code of the Russian Federation and part 4 of article 11 of Federal Law No. 353, the warning period can be arbitrarily reduced. It is not uncommon for the loan agreement to specifically specify the period from the moment of application to the moment of early closing of the debt, which the client must comply with;
• It is more convenient for the banking system, and for most borrowers, for the preventive repayment payment to be made along with the regular monthly payment, on the same day and hour (according to Part 5 of Article 11 of Federal Law No. 353). However, if necessary, the payment date can be postponed to any time convenient for the borrower.

Changing credit conditions and case study

You should not mix regular and unscheduled loan installments. When a person who has taken a loan decides to deposit some amount in excess of the prescribed amount, then on the day of the regular payment, money must be paid for this same monthly payment, taking into account annual interest. After the funds are transferred to the bank, a situation will arise when:

• the amount of payments made monthly will decrease, and the loan period will not change;
• the time until the complete closing of the bank loan will be reduced, and the monthly installments will remain the same.

That is, it will be necessary to recalculate the loan in case of early repayment. Usually, the client of the bank chooses the most suitable option for himself. Nevertheless, the bank, for its part, may insist on some option. So, if the periodic loan installments under the agreement are annuity (uniform), then the bank tends to reduce the amount of monthly payments. If the payments under the agreement are differentiated (gradually decrease as they are repaid), then the bank may begin to insist on reducing the lending time. It is worth giving a simple example. The borrower takes 100 thousand rubles for one year. In a year, the total amount that he must return to the bank will be 120 thousand rubles, that is, taking into account interest - 20 thousand rubles. Accordingly, the monthly fee will be equal to 10 thousand rubles. Approximately 8,350 rubles will come out on account of leveling the loan body and 1,650 rubles - this is 1/12 of the annual interest (error up to 100 rubles). Let there be a situation of partial early repayment.

For the first two months, the borrower pays according to the schedule, and for the third month he decides to deposit an additional 30,000 rubles. Therefore, in the third month, 40 thousand rubles will be paid (together with the monthly payment). Plus 20 thousand rubles for the previous two months. In total, after partially early repayment, the client will still owe the bank another 60 thousand rubles (120 thousand - 60 thousand). If the borrower did not contribute anything additionally, then he would have to pay another 9 months at 10 thousand rubles. Now it remains to pay 60 thousand rubles, which, with unchanged payments, will close the loan in 6 months. Or divide 60 thousand rubles by 9 months, and with the same loan term, you will have to pay monthly not 10 thousand rubles, but 6,666 rubles.

It should be noted that here the calculation was carried out at ANNUAL percentages. That is, the amount that the borrower owes the bank in any case for taking the loan was calculated in advance. Or it could be that the client took the same 100 thousand rubles and also for a year, but interest is accrued by months from the monthly payment. For example, 20% of 8,333 rubles (100 thousand rubles divided by 12 months). In total, the loan will be repaid again at 10,000 rubles per month. But in case of early repayment, the deposited amount will be deducted only from the loan body (100 thousand rubles). Therefore, in such conditions, you can save a lot on interest. By the way, this is why other banks oppose early repayments. And they can even add such a zealous client to the “grey list”.

An attentive reader will notice that when calculating in some figures there will be a discrepancy of one or two hundred rubles. Numbers have been rounded here for convenience and clarity. Indeed, as a rule, during recalculations and early payments, uneven numbers “with a penny” are obtained. For example, the amount of the main regular contribution is 10,552 rubles and 50 kopecks. And the client has 30 thousand rubles in his hands. So, it is better to indicate that the amount of early repayment is not 19,500 rubles, but 19,400 rubles. Since the bank will first of all withdraw money on account of the monthly installment, and only then - on account of preventive repayment. And if the figure turns out to be less than the one indicated by the borrower in the application, then this money will simply go to the bank account linked to the loan.

And they will be removed from there according to the usual schedule. The same thing can happen if a bank customer simply deposits money into his credit account without any notice to employees of his intention to pay the institution earlier. A similar situation will develop if the borrower is late to transfer additional funds to the bank. It is best to deposit money for early repayment of a loan at a bank on the eve of the date on which the regular monthly loan payment occurs. It should be borne in mind that with the simple withdrawal of the borrower's financial resources to his credit account, their return is a very long and tedious procedure, which often does not even make sense to start. Therefore, accuracy and punctuality must be observed.

Early closing of the loan by 100% and final instruction

The longer the loan is repaid, the higher the overpayment on it. Therefore, many borrowers, if possible, try to repay the debt ahead of schedule. What are the features of early repayment of a loan at Sberbank in 2020?

Dear readers! The article talks about typical ways to solve legal issues, but each case is individual. If you want to know how solve exactly your problem- contact a consultant:

APPLICATIONS AND CALLS ARE ACCEPTED 24/7 and 7 days a week.

It's fast and FOR FREE!

Can I pay off the loan immediately after registration? No. As a rule, the loan agreement stipulates a certain period during which the borrower must make payments.

But this does not mean that it is impossible to fulfill credit obligations ahead of schedule. The main thing is to know the nuances of the procedure. How to repay a loan in Sberbank ahead of schedule in 2020?

Important Aspects

At the legislative level, there is no exact concept of early repayment of a bank loan. For this reason, not all borrowers correctly understand the essence of the procedure.

For example, many believe that by making a monthly payment more than the due amount, they partially repaid ahead of schedule.

Or they pay as a payment an amount equal to the total debt and are very surprised when, after a few months, they find out about the accrued interest and the outstanding loan.

The conditions for early repayment for early closure are clearly stated in the agreement with the bank. Moreover, a separate procedure is provided for full and partial repayment.

The law does not prohibit a client from paying more than what is required for a monthly payment. However, the bank has the right, at its own discretion, to take into account the amounts of money in excess of the payment.

That is, having paid a thousand rubles more in one month, this does not mean that the amount of the next payment has decreased.

Usually, the overpayment is deducted from the last payments, reducing the total loan term. It turns out that the duration of the loan period and the amount of the overpayment are reduced, but payments must be made in accordance with the full repayment.

Since 2011, Sberbank has not charged a commission for early repayment. The amount required for early repayment depends on the payment schedule.

With differentiated payments, you just need to transfer the amount necessary for repayment to the payment account.

When the due date of the next payment according to the schedule, the money will be written off. There is no need to apply specifically, collect any documents.

The smaller the debt, the smaller the amount of interest charged and the smaller the overpayment. Early repayment of a loan with differentiated payments is beneficial for both full and partial repayment.

But you should also take into account the amount allocated to pay off the debt. For example, you need to repay and the amount is large enough.

You can compare the benefits of different options for using this amount. If the loan is repaid early, the benefit is measured by the difference in the overpayment.

But a large amount can be deposited for the entire term of the loan. It is possible that the amount received will exceed the amount of the overpayment on the loan.

At the same time, dividends from the deposit can be used to pay off monthly loan payments.
That is, when determining how profitable early repayment of a loan is, it is necessary to calculate the benefits in various situations in relation to the parameters of a particular loan.

Current regulations

Until 2011, almost all Russian banks charged penalties for early repayment of loans. Moreover, sanctions were applied both for full and partial repayment.

Some banks prescribed in the contract, in addition to the application of penalties, also a condition on a ban on early repayment for a certain time.

How to calculate everything correctly

With annuity and differentiated schemes, early repayment of the loan will be different. In the case of an annuity, the calculation is simpler.

The monthly payments are the same and you can use a payment schedule if needed. In a situation with differentiated payments, it is more difficult to calculate the amount to be repaid.

It is advisable to contact Sberbank, where managers will accurately calculate the parameters of the procedure. But you can also use the calculator for calculating the amount of early repayment of loans.

This is not provided on the Sberbank website, but the calculator is easy to find on the net on other sites. For example, on CalcSoft ru .

The user of the service will need to specify:

• start date of the credit period;
• loan amount;
• interest rate;
• crediting period;
• type of payments (annuity or differentiated);
• payment amount;
• repayment date.

Based on the results of the calculation, the calculator will determine the amount needed for early repayment. But it also matters whether full repayment or partial repayment is planned.

Partial

With partial repayment of a loan at Sberbank, two options are practiced:

1. Reducing your monthly payment.
2. Reducing the loan term.

If the client simply deposits a larger amount on the next payment date, the excess will be deducted from the last payments. It will not affect the amount of periodic payments.

To change the parameters of the loan, the borrower must contact Sberbank in person and draw up a new repayment schedule.

The scheme is completely recalculated taking into account the wishes of the client - the loan term is maintained with a decrease in payments or payments remain the same, but the loan period is reduced.

This allows Sberbank to carry out early repayment of the mortgage with a reduction in the loan term.

Payments remain the same, but by shortening the sufficiently long payment period, the client benefits from reduced overpayments.

The client signs a new repayment schedule and repays the loan in accordance with the new scheme.

Complete

With the full repayment of the loan in Sberbank, the accrued interest is recalculated. All interest due after the prepayment date is refunded.

Video: rules for early repayment of a loan


By this date, it is necessary to transfer the necessary funds as payment. If the calculation is made incorrectly, then a certain part will remain outstanding. It will subsequently accrue interest.

Therefore, after an independent calculation, you need to make sure that it is correct with the bank manager. Immediately after full early repayment, you need to personally contact the bank and get a certificate of full repayment of the loan.

Step by step instructions

The sequence of actions for early repayment of a loan at Sberbank is reduced to the following steps:

1. Familiarize yourself with the loan agreement, payment schedule and repayment procedure.
2. Calculate the amount for early repayment, taking into account annuity or differentiated payments.
3. Check your calculations with the calculations of a special calculator and / or bank manager.
4. Write an application to Sberbank, notifying of the desire to fully or partially repay the loan.
5. By the planned repayment date specified in the application, transfer the required amount to the loan payment account.
6. Personally visit a branch of Sberbank to draw up a new payment schedule or receive a certificate of repayment of credit debt.

An item on comparing benefits can be added to this list. Namely, how much can be saved by early repayment, and what benefits can be obtained from other uses of this amount.

Can I pay online

Just a few years ago, for those who decided to take a loan from a bank, the burning question was whether it was possible to repay a consumer loan ahead of schedule.

Since the law did not regulate this in any way, each bank had its own rules. Somewhere there was a moratorium on early cancellation. This meant that in order to make a payment in a larger amount than stipulated by the schedule, it was necessary to repay a loan for a certain period of time (for example, six months).

In others, fines were levied for the early redemption procedure.

In this way, banks tried to prevent customers from resorting to early repayment. The reason is simple: for a credit institution, a loan repaid ahead of schedule is a loss of interest income. And this already answers the question of whether early repayment of the loan is beneficial for the borrower.

Early repayment under current legislation

Now you can repay an annuity loan ahead of schedule in any bank. The law provides that creditors do not have the right to prohibit borrowers from repaying money faster than planned, as well as to set any requirements for early repayment (for example, a bank cannot set a minimum amount of an additional contribution or their frequency).

Banks can only include in the loan agreement a clause on the result of the early repayment of a consumer loan: with a decrease in the term of the loan or with a decrease in the monthly payment.

Some may offer customers a choice, while others leave only one way. In this case, the borrower can only accept, since the law only says that the client has the right to make partial and full early repayment. At the same time, the term or monthly payment will decrease, it is not written anywhere.

So, having discussed what early redemption is and whether it is allowed or prohibited, let's talk about how profitable it is.

Is it profitable to pay off the loan ahead of schedule?

As already mentioned, if the client repays the loan ahead of schedule, the bank loses interest. And since the bank does not receive interest, therefore, the borrower does not pay them. It turns out that partial early repayment of a bank loan is beneficial.

There are a few important things to keep in mind when paying early.

First, the recalculation of interest only applies to future payments. If you paid the loan for a year, then no one will return the interest for this period. You used the funds at that time, therefore, the bank honestly earned the interest paid.

Secondly, the bank will recalculate only interest. No matter how many times you make early repayment, the principal debt will not change from this. That is, it will decrease, of course, but by the amount that you repay. In addition, the bank will not write off anything.

Thirdly, the bank will receive its interest in any case. In accordance with the loan agreement, the component parts of the payment are written off in the following order:

• penalties, penalties;
• overdue debt;
• interest for the current month;
• main debt.

As you can see, until the bank writes off absolutely all the accumulated debt, there can be no talk of reducing the principal debt.

By what amount will the principal debt decrease after the "early maturity"?

In your payment schedule, each monthly payment is divided into 2 parts: principal and interest on the loan. For a month, the bank should take as much interest from you in total as it is written in the schedule.

Therefore, when you come to the bank with a certain amount of money, keep in mind that the principal debt will not decrease by it, but by the difference between the amount paid and the interest for the given month.

For example, a client makes an early repayment in March, in which the bank must receive 3,850 rubles of interest from him. The client deposited 40,000 rubles into the account. After the early repayment procedure, the loan debt will be reduced by 36,150 rubles.

When to pay early?

How profitable early repayment will be depends on how long after taking a loan to carry it out. Remember the second rule: only percentages are recalculated. Therefore, it is advisable to issue early repayment in the period when interest is charged the most.

Open your payment schedule and look at the loan interest column. Regardless of whether your payments are differentiated or annuity, the amount of interest charged is constantly decreasing. That is, in the first months they are the largest.

With annuity payments, approximately by the middle of the term, the amount that is taken for using the loan is equalized with the amount used to pay off the loan debt. In the second half of the term of the loan agreement, less interest is received than on the main debt.

A simple conclusion follows from this.

It is more profitable to carry out early repayment in the first half of the term of the loan agreement.

If you do this closer to the planned closing of the loan, then you will receive practically no benefit. Just close the loan a few months earlier. However, it will bring more moral satisfaction.

Reducing the term or payment: which is more profitable?

If the bank has decided for you to reduce the term or payment, then there is nothing to think about: you need to get the maximum benefit in the circumstances offered.

If the decision falls on you, then inevitably there is a desire to save more. Make it so that you end up paying less interest.

What do I need to do?

First of all, you need to remember that the overpayment directly depends on the term of the loan agreement. The longer you pay off the loan, the more you end up paying. It already follows from this that it is more profitable to reduce the term of the loan.

Therefore, choosing a method of early repayment, you need to build on your financial burden. If you have a lot of loans, the total payments for which eat up half the salary, it would be more logical to reduce the payment. Let you save less than you could, but it will become easier for you to pay off the loan.

If you are satisfied with the size of the monthly payment and after making it there is enough money left to maintain your usual lifestyle, then you need to reduce the loan term. It will not be harder for you, because the payment will not increase. And the interest rate will be tangible.

To verify the benefits of reducing the term, you can contact the bank and ask to see two options for the schedule: the first - with a decrease in the term, the second - with a decrease in the payment during early repayment by the same amount.

They will not tell you the formula by which the calculations are carried out during early repayment. Yes, and employees know it only in general terms, everything is calculated by the program. However, you can easily understand which option is more profitable. To do this, you need to look at the "Total" column in the column with interest payments in both schedules. If the loan is large enough, then the difference can reach 100-150 thousand rubles.

With a reduction in the term, the overpayment will be less than with a decrease in the monthly payment.

To understand how early loan repayment occurs, you need to understand how monthly loan payments are made.

As a rule, when people come to the bank and give money to an employee, they think that in this way they instantly make a loan payment. Although the loan agreement states that this is not the case.

The account on which the loan debt is directly recorded starts at 455. Take the documents and see which account you are depositing money into. It starts with either 423 or 408.

This fact does not depend on which bank the loan is taken from, since the system of accounts is the same everywhere, it is regulated by the Bank of Russia.

You deposit money into this account and it stays there until the next payment date. And on this day, they automatically go to account 455, where they are reflected as a monthly payment.

No matter how much you put into the account for debiting, exactly the amount that is provided for by the schedule will go to repay the loan.

What does it take to pay off a loan early? In order for early repayment to be successful, you must either complete this procedure yourself in your Personal Account on the website of your bank, or come to the bank and tell the employee that you want more funds to be spent on the loan than planned.

At the same time, the employee will give you to sign an application for early repayment. Each bank has its own form, but information on the loan agreement, the amount and date of debiting will be there for sure.

Most likely, you won’t have to write a statement on your own: such forms are usually generated by the program, after which the client simply puts his signature.

The deadlines for the execution of the application should be clarified with the credit institution: somewhere the repayment is made on the next business day, somewhere on the same. And some banks practice early repayment online.

Who can apply for early repayment?

For consumer loans, the borrower is usually one person. Co-borrowers are a rare phenomenon. But a mortgage, on the contrary, is more often taken by a husband and wife together. Moreover, in a number of banks, spouses are required to become co-borrowers.

In these cases, the question arises whether the one who is registered second in the loan agreement can carry out the early repayment procedure. Of course, the requirements depend on the bank.

However, from the point of view of the law, both co-borrowers have absolutely equal rights and obligations in relation to the joint loan.

Any of the co-borrowers has the right to make early repayment (full or partial).

The reverse situation is observed if one of the spouses takes a loan, and the second, not being a co-borrower, wants to carry out the early repayment procedure. He will be able to transfer funds to the account, since anyone can do this, but he will not be able to write an application for early repayment.

Early redemption by proxy

In this case, it is necessary either to come to the bank to the borrower, or to ask him to issue a notarized power of attorney for his spouse, where he writes down what powers he allows to exercise.

The more detailed the rights of the trustee are described in the power of attorney, the better. The procedure for repaying a loan ahead of schedule by a trustee in each bank is different, so you should not get off with general phrases.

Regardless of the creditor bank, the notary must write the following information in the power of attorney:

• data of the principal and authorized person;
• a loan agreement for which a power of attorney is drawn up;
• operations, the performance of which is provided for by this power of attorney (obtaining certificates, carrying out full or partial early repayment, and so on).

If it turns out that only the right to issue an early repayment of a consumer loan is registered in the power of attorney, then after that you are unlikely to be told whether the money was successfully debited or if there were any problems.

Conclusion

So, early repayment can be issued by any of the co-borrowers for any amount. You can do this as often as you like, banks have no right to interfere with this procedure. It plays into the hands of the client, so if possible, it is better to repay the loan ahead of schedule.

To get the most benefit, you should reduce the term of the loan, not the monthly payment. As for the question of when it is possible to repay a loan at a bank ahead of schedule, it is advisable to do this in the first half of the term of the contract: savings on interest are maximized.

Recently, the courts have increasingly begun to receive statements of claim, the subject of which is the protection of the rights of citizens-borrowers in terms of ensuring the possibility of gratuitous repayment of debt on loans at an earlier date than indicated in loan agreements. In the vast majority of cases, the courts take the side of borrowers and regulatory government agencies that stand on the protection of consumer rights. In this material, we will consider the issue of the legal grounds for the collection by banks of a monetary fee from citizens for the early repayment of loans.

Credit relations, among other things, are also characterized by the opposition of the interests of their direct participants. On the one hand, in order to exclude the possibility of a large overpayment on a loan, it is beneficial for borrowers to pay off their existing debt as soon as possible and terminate any contractual agreements with the bank. On the other hand, banks are aimed at receiving annuity payments exactly in the volume in which they are prescribed in loan agreements and, as a result, at maintaining long-term loan relationships with their customers.

In pursuit of this goal, many banking institutions include in the text of their standard loan agreements provisions that stipulate the paid nature of early payments on loans. At the same time, representatives of credit institutions, justifying the legitimacy of such provisions, as a rule, refer to the fact that in case of early repayment of the loan, the bank incurs quite natural losses in the form of lost income. Following this logic, it would be reasonable to assume that the debtor in all such cases is obliged to pay a certain amount of money in the form of a commission (forfeit, fine) for early repayment of the loan, which compensates the bank for financial losses incurred.

Indeed, a person whose right has been violated may demand full compensation for the losses caused to him. Losses are understood as expenses that the person whose right has been violated has made or will have to make to restore the violated right, as well as lost income that this person would have received under normal conditions of civil circulation if his right had not been violated. If the person who violated the right received income as a result, then the person whose right was violated has the right to demand compensation, along with other losses, for lost profits in an amount not less than such income. For its part, a penalty, as well as a fine and penalties, is recognized as a sum of money determined by law or contract, which the debtor is obliged to pay to the creditor in case of non-performance or improper performance of the obligation, in particular, in case of delay in performance.

Meanwhile, early repayment of debt under a loan agreement in its legal sense is not a violation of contractual obligations to the extent that it may entail the imposition of civil sanctions on the borrower. Here it is necessary to pay attention to the following circumstances. In accordance with civil law, citizens and legal entities are free to conclude a contract. The terms of the contract are determined at the discretion of the parties, unless the content of the relevant terms is prescribed by law or other legal acts. In cases where the term of the contract is provided for by a norm that is applied insofar as the agreement of the parties does not establish otherwise, the parties may, by their agreement, exclude its application or establish a condition different from that provided for in it.

Under a loan agreement, a bank or other credit organization undertakes to provide funds to the borrower in the amount and on the terms stipulated by the agreement, and the borrower undertakes to return the amount of money received and pay interest on it. The rules stipulated for a loan agreement apply to relations under a loan agreement. In this case, unless otherwise specifically provided by the loan agreement, the loan amount is considered returned at the time of its transfer to the lender or crediting the relevant funds to his bank account. If an obligation provides for or makes it possible to determine the day of its performance or the period of time during which it must be performed, the obligation is subject to performance on that day or, accordingly, at any moment within such a period. In cases where an obligation does not provide for a period for its performance and does not contain conditions that allow determining this period, it must be performed within a reasonable time after the obligation arises. At the same time, the debtor has the right to fulfill the obligation before the due date, unless otherwise provided by law, other legal acts or conditions of the obligation, or follows from its essence.

As regards directly credit agreements, paragraph 2 of Article 810 of the Civil Code of the Russian Federation provides for the possibility of early repayment of the loan amount provided at interest, subject to the consent of the lender. At the same time, the law of the borrower's right to early repayment of the loan is conditioned only by the consent of the lender and is not associated with the need to pay a commission. In turn, in accordance with paragraph 1 of Article 393 of the Civil Code of the Russian Federation, the possibility of imposing a property obligation on the debtor is made dependent on the non-performance or improper performance of the obligation to the creditor.

It follows that the actions of the borrower-consumer on the early repayment of the loan with the consent of the lender cannot indicate non-fulfillment or improper fulfillment of the relevant obligation and, accordingly, cannot lead to negative consequences for the borrower in the form of the creditor's right to present additional property claims against the debtor and obligations of the debtor to satisfy such claims.

So, the analysis of the above norms shows:

The only possible condition within the legal framework for early repayment of the loan is the consent of the lender. Such a condition for early repayment of a loan, such as the collection of a fine from the borrower, is not provided for by law;

Early repayment of the loan amount is the proper fulfillment of obligations at an earlier date than is established by the agreement;

There are no sanctions for early repayment of the loan by the current legislation.

Therefore, the inclusion in the contract of conditions on the liability of the borrower - an individual for the proper performance of the loan agreement in terms of the implementation of the corresponding right to early repayment of the loan with the consent of the lender is contrary to the law, and, therefore, can be challenged in court. The legitimacy of this conclusion was confirmed, in particular, by the FAS of the East Siberian District in the Resolution of June 23, 2009 N A78-7046 / 08, the FAS of the Ural District in the Resolution of July 2, 2009 N F09-4622 / 09-C1, FAS Volga-Vyatka District in the Decree of 08.29.2008 N A79-720 / 2008 and the FAS of the East Siberian District in the Decree of 05.14.2008 N A33-12575 / 07-Ф02-1933 / 08.

However, in addition to providing borrowers with the opportunity to challenge in court contractual terms that provide for a fee for early repayment of credit debt, the inclusion of such terms in the text of the contract may lead to adverse consequences for the banks themselves. Speaking about the responsibility of credit institutions in relations with borrowers - individuals, it is necessary to take into account, first of all, the fact that the rights of individuals in this area are protected by consumer protection law. Under domestic law, in cases where one of the parties to a civil obligation is a citizen who uses, purchases, orders, or intends to purchase or order services for personal household needs, such a citizen enjoys the rights of a party to an obligation in accordance with the Civil Code of the Russian Federation, as well as the rights granted by the Consumer Rights Protection Act.

This rule fully applies to financial relations arising between credit institutions and citizens. In particular, this is stated in the Decree of the Supreme Court of the Russian Federation of September 29, 1994, devoted to the practice of courts considering cases on consumer protection. Here, the Supreme Court pointed out that relationships protected by consumer protection law may arise from contracts for the provision of financial services aimed at meeting the personal needs of a citizen, including the provision of loans, the opening and maintenance of accounts, and other contracts. Consequently, relations regulated by consumer protection legislation can arise from almost any contracts aimed at meeting the personal, family, home and other needs of citizens. The only exceptions here are relations related to the implementation of entrepreneurial activities by individuals.

The law itself states that the terms of loan agreements that infringe on the rights of consumers in comparison with the rules established by laws or other legal acts of the Russian Federation in the field of consumer protection are recognized as invalid. In turn, on the basis of Part 2 of Article 14.8 of the Code of Administrative Offenses of the Russian Federation, the inclusion in the contract of conditions that infringe on the rights of the consumer established by law, entails the imposition of an administrative fine on legal entities in the amount of ten thousand to twenty thousand rubles.

A typical position of arbitration courts on this issue was expressed by the Federal Arbitration Court of the North-Western District in Resolution No. A56-6857 / 2008 of October 21, 2008.

It followed from the materials of the case that the bank had concluded an agreement with the citizen on granting him a loan, one of the clauses of which stipulated the condition of a fine of 1,000 rubles for the full early repayment of the debt on the loan. After examining the arguments of the parties, the court recognized that the penalty for early repayment of debt under the contract contradicts the norms of the Civil Code of the Russian Federation and infringes on the rights of consumers established by law.

At the same time, the court pointed out that the credit institution's arguments that there was no fault in the committed violation, as well as that the conditions that infringe on the rights of the consumer were included in the contract with the consent of the consumer, were unlawful. Here, the court noted that, since the loan agreement is standard, the consumer is not presented with the possibility of changing the disputed terms of the agreement.

As for the fault of the bank, in accordance with Article 1.5 of the Code of the Russian Federation on Administrative Offenses, a person is subject to administrative liability only for those administrative offenses in respect of which his guilt has been established. A person brought to administrative responsibility is not required to prove his innocence. Irremovable doubts about the guilt of a person brought to administrative responsibility shall be interpreted in favor of this person.

According to Part 2 of Article 2.1 of the Code of Administrative Offenses of the Russian Federation, a legal entity is found guilty of an administrative offense if it is established that it had the opportunity to comply with the rules and norms for the violation of which administrative liability is provided, but this person did not take all from him measures to comply with them.

Since in the case under consideration the bank had the opportunity to comply with the rules and regulations, for the violation of which administrative liability is established, its guilt in committing an offense is established, the court concluded.

With a loan now, as they say, "every first". Statistics show that the majority of creditors have faced with penalties and fines.

But they can follow not only for delay, but even for early repayment, even if the law prohibits this. Before repaying the debt in full or at least partially, you need to carefully study the text.

Dear readers! Our articles talk about typical ways to resolve legal issues, but each case is unique.

If you want to know how to solve exactly your problem - contact the online consultant form on the right or call free consultation:

Often these conditions are small, barely legible type. We will talk about the rules for partial early repayment of a loan in the article.

Is it possible and how to return 13 percent for a consumer loan? find out right now.

General concept

What does early loan repayment mean? Can the bank prohibit the procedure?

The term "early repayment" refers to the full or partial payment of an amount exceeding the monthly tranche and repaying the debt in full or in part.

It is possible to do this at any stage of payment. In some situations, the financial institution itself puts forward a claim for early recovery (usually this is typical for a mortgage loan).

Of course, no one can forbid paying off the debt earlier than the term established by the contract, making amounts in excess of the monthly payment. But in some banks, penalties are provided for this, against the changing laws.

According to the rules, if the client shows a tendency towards early repayment, he is required to change the payment schedule, either reduce the planned tranches, or reduce the term.

In practice, this happens infrequently; rather, on the contrary, creditors by hook or by crook move away from restructuring. There is only one reason - the desire to avoid the loss of interest, which is inevitable in the case of "restructuring" the debt and early payment.

Paying off the debt ahead of schedule is beneficial in all respects to the client, but not to the creditor: even if the amount is partially repaid, it still entails a restructuring of the schedule.

Therefore, it is better to immediately tune in to the fact that bank employees will not particularly help you in this matter, but obstruct- quite possibly.

Bank conditions

Despite the fact that creditors are not entitled to either prohibit repayment of debt ahead of schedule or demand additional charges for this, each financial institution own policy and approach to this question.

Sberbank

Any borrower of Sberbank has the right to take advantage of this opportunity. For this conditions must be met:

• you should notify the lender of your intention in advance, specifically - for the period specified in the contract;
• the application is submitted at any branch of the bank;
• the application must be submitted exactly in the next tranche. Recalculation in any case will be made on the day of application.

If, for example, you decide to deal with the issue a week earlier, then the recalculation will not take into account the interest for these seven days, and if you miss this moment, you will have a debt.

• When paying off, be sure to take a certificate of full payment of the debt.
• if you want, study the contract - the conditions for such a situation are spelled out there.

VTB 24

Order here's the next one:

Home Credit

There are no special conditions here., the procedure is standard. However, this bank is famous for being generous with unpleasant surprises, therefore, after repayment, be sure to call the branch and make sure that the money has arrived. Early payment must occur on the same day with the scheduled payment.

Be sure to request a new payment schedule. If nothing has changed, this does not mean that the bank is to blame. It may well be that you have been debited for some additional tariff, for example, for the Internet.

It may be that you notified the bank and wrote the application, and the employee accepted it from you, but you did not apply directly to the branch of the financial institution, but used the payment kiosk or Eleksnet.

In this case, money can go to the account up to four days. And if everything was exactly like this, then the application was canceled, the tranche was not received either ahead of schedule or planned, but now you have penalties and you yourself are to blame, since it is the borrower who must ensure that the finances enter the account on time. Request a history of recent transactions.

Maybe the creditor is at fault. In this case, you will have to defend your interests in court.

How to write an application for termination of an insurance contract? Find out from our.

Renaissance Credit

A distinctive nuance here is that the financial institution must be notified one month in advance before the expected payment.

You can pay directly at the cash desk of the branch, through an ATM, through an online application, through other banks. To do this, it is necessary to clarify the size of the commission.

Alfa Bank

The conditions of this organization differ in that you can fully repay the loan absolutely any day after the correct payment of the third planned tranche.

For partial closure, you must notify the lender at least five days before the monthly payment and deposit money exactly the same day.

Rusfinance Bank

The agreements of this bank are vague in terms and interpretation, so here you need to don't guess what was meant, and call the manager in advance and find out from him in advance the possibility of payment in your situation.

Find out the exact amount of the remaining debt and decide how you will repay, in full or in installments.

Date of debiting funds in this organization coincides with the date of the contract. For example, you did it on January 4th. Now, on the fourth day of each subsequent month, you will be charged money.

Accordingly, the payment of the amount intended for early payment must occur five days before the said date.

Cetelem Bank

In this case, a request is first made to the organization about the balance of the debt and write a statement.

You will receive an SMS that it has been accepted.

After that you have thirty days to deposit money for early payout into the account.

How to calculate the remainder?

To do this, you need to know the interest rate, monthly payment and term of the contract. It should be remembered that with an annuity and a differentiated method of repayment there will be different solutions to the situation.

An online calculator can be found upon request in any search service. Enter the required data and look at the result.

Partial prepayment of the loan can be made one of two types:

• the term of the loan decreases (the term remains the same);
• principal debt is reduced.

As an example of calculation, consider the following option: Mr. Ivanov Ivan Ivanovich took a bank loan of 6 thousand rubles for six months at 20% per annum with differentiated schedule. The schedule that he is prescribed to adhere to looks like this:

In the second month after receiving the loan, Mr. Ivanov received a bonus of three thousand rubles and decided to send it to the partial repayment of the loan. To do this, he added the indicated 3,000 to the planned monthly payment, a total of 4,000 rubles.

Seeing that the debt was partially repaid, the bank changed the schedule and amount of payments, despite the fact that the period remained the same:

It is easy to come to the same conclusion by opening a loan calculator online and substituting the required values ​​in the form fields. Must be specified that the schedule is differentiated.

How to transfer a pension to a Sberbank card and is it profitable? find on our website.

Borrower mistakes

As already mentioned, borrowers are often cruelly deceived in their expectations and see debt and penalties instead of early disposal of the loan. This happens according to the following reasons:

In any case, after depositing money, be sure to go to the bank office and request the result. A payment has been received - require a restructuring of the payment schedule or a certificate of repayment.

Bank request for early repayment

Sometimes the bank itself may put forward a request for an early return. It happens as a result of any "improvisation" of the terms of cooperation by the borrower, namely:

• divorce and division of property, respectively - and loans;
• the resulting debt.

The bank notifies the debtor by telephone and in writing, then may go to court.

There is no need to be afraid of this, all the more so - to run away from the court.

If you have just such a situation, demand debt restructuring, and again make sure your application is accepted.

Not a single court will rush to satisfy the requirements of the bank and, and it’s not a fact that the bank will file a lawsuit at all, because it is to him that this is not beneficial in the first place.

If the restructuring is denied (which is more than likely), collect all possible evidence that you have not paid for a while for good reasons, for example, were in the hospital (and even this cannot oblige the creditor to revise the terms of cooperation).

Having collected, wait for the court, or rather, look for a competent lawyer who will still oblige restructure your debt by appointing a humane payment.

Moreover, the huge penalty that the bank threatens you by phone will not take from you. All they have the right to take is the debt and interest on the loan, which the lawyer will provide.

If you decide to get rid of debts ahead of schedule, excessive vigilance does not happen here. When submitting an application, make sure it is accepted.

It is better to deposit money only through the cash desk of your lender, this will eliminate the possibility of late receipt of funds. And whatever they tell you ask for confirmation- about partial or full repayment.

How to make a partial early repayment of a loan? Why is it more profitable? Find out from the video: