Early repayment of the loan - how to properly arrange and not make mistakes in the calculations. How to make a partial early repayment of the loan? Full and partial early repayment of the loan

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.

The desire to get even with debts and repay the loan as soon as possible is understandable, probably, to everyone. Borrowers who monthly make payments exceeding the planned ones, or close the loan ahead of schedule, pursue the same goals - to reduce their overpayment on the loan and get rid of the status of "debtor". How simple is the procedure for early repayment of the debt and does it allow you to significantly reduce the cost of the loan? About this, as well as about the technical side of the process of early repayment of the loan, we will tell in more detail.

Full and partial early repayment of the loan

You can repay the loan ahead of schedule in full or in part. In the first case, you deposit into the account an amount equal to the balance on the "body" of the loan, and the interest accrued at the time of repayment. After that, your debt to the bank is closed. In the second case, you deposit an amount that exceeds your monthly payment indicated in the schedule. The loan is not closed, but bank employees are obliged to give you a modified repayment schedule: according to the agreement, either the planned payment or the loan term will be reduced in it (in both cases, the amount of accrued interest will be reduced).

Banks have always sought to complicate the procedure for early repayment of a loan as much as possible and make it unprofitable for the client. This desire was explained simply: the financiers did not want to lose their profit in the form of interest. Now the situation has changed somewhat, but problematic moments still remain. Next, we will look at the legal basis for early repayment of debt and find out what changes have been made to existing laws over the past 2 years.

Early repayment - the legal side of the issue

The procedure for early repayment of a loan is regulated by the Civil Code of the Russian Federation. On October 19, 2011, Federal Law No. 284-FZ “On Amendments to Articles 809 and 810 Part 2 of the Civil Code of the Russian Federation” was adopted. This legal act officially banned the collection of fines and penalties from borrowers for early repayment. In particular, the law establishes:

1. The right of the bank to receive interest from the borrower under the agreement, inclusive, until the day the debt is repaid in full or in part (Clause 4, Article 809 of the Civil Code of the Russian Federation). Previously, banks had the right to demand payment of interest for the entire period of the agreement (regardless of when the borrower actually closes the loan), as well as to charge fines and penalties for deviation from the schedule. Note that this law is retroactive, that is, even if your loan agreement stipulates the right of the bank to demand payment for early full or partial payment of the debt, according to Law No. 284-FZ, these norms are invalidated.
2. The obligation of the borrower to notify the creditor of the intention to repay the debt ahead of schedule at least 30 days before the planned repayment date, unless a different, shorter period is established by the agreement (Article 810 of the Civil Code of the Russian Federation). This only applies to personal loans. In fact, in order to comply with this requirement of the law, the borrower must personally contact the bank and draw up a notice, which they are required to accept and register.
3. The possibility of early repayment of the debt with the consent of the creditor (paragraph 2 of article 810 of the Civil Code). Previously, this paragraph was not in the Civil Code. Now, banks, not being able to fine borrowers, have the right to deny them the possibility of early repayment. This is used by many financial institutions, especially when it comes to paying off mortgages and car loans. In some cases, banks indicate the minimum amount of early repayment of the loan. Formally, this is done in order to prevent clients from abusing their opportunities, in practice - to limit the client's right to reduce the overpayment on the loan.

Other changes in the legislative framework are expected in the near future: this fall, in the Second Reading, the State Duma will consider the law "On Consumer Lending", which provides for a ban or imposition of commissions on early repayment of mortgage loans during the first year of the loan agreement.

The scheme for early repayment of a loan may differ for each bank. Next, we will look at the main options and give recommendations to those borrowers who want to repay loans ahead of schedule and at the same time not have problems with their lenders.

Rules for applying for early repayment of a loan and basic recommendations for borrowers

Most banks have approved the following scheme for early repayment of the entire loan or part of it:

• at least 30 days before the scheduled date of repayment, the borrower visits the branch of the bank where the loan was issued and draws up a notice of his intention, indicating in it the expected amount of payment;
• usually you need to call the manager to get an answer. In most banks, "tacit consent" can be obtained immediately, but sometimes you need to wait up to 5 days;
• The financiers will tell you the deadline by which you need to make a payment. This is usually the date the required planned payment is made. You don't have to come to the bank on that particular day. You can deposit funds into the account in advance, but the schedule will be recalculated on the day set for making the planned payment (if the repayment is partial). With a full early return of funds, date restrictions are rarely applied, since the schedule does not need to be recalculated;
• in case of a partial refund, after the day set for making the planned payment, the client must contact the bank branch to receive a modified payment schedule;
• upon full return of funds, the client must contact the branch and receive a written notification that his loan agreement is closed (usually the bank issues a letter issued on letterhead signed and stamped by the head of the territorial division). It is necessary to receive a notification at least in order to be sure that the bank no longer has claims against you, that you do not have an outstanding debt, on which interest and penalties will then be accrued. Also, these letters may be required when applying for a loan at another bank and in case of disputes with the client's credit history. Lending organizations may “forget” to provide information to the BKI that you closed your loan in advance.

The scheme described above is the most common. There are also variations, for example:

• some banks can recalculate the schedule on any day, so you can repay the loan ahead of schedule at any time convenient for you;
• the amended schedule may be issued before the payment is made, but becomes effective after the partial early payment of the debt is made;
• in some credit institutions, the process of early repayment is simplified as much as possible. You can, without notifying the bank, on your own, for example, using Internet banking, deposit an amount in excess of your planned payment to your account, and then print the newly generated payment schedule. In this case, with full early repayment, it is still recommended to contact the branch and receive a letter on closing the loan.

Having considered the procedure for early repayment, we should return to the issue of its benefits. More about this.

Calculating the benefit of early repayment: when is it appropriate to “get ahead” of the schedule?

As you can see, by paying off the debt six months ahead of schedule, contrary to popular belief, you will save more with the annuity scheme.

Thus, we were convinced that early full and partial repayment of the debt is always beneficial, despite the fact that banks are trying in every possible way to complicate this procedure. By accumulating funds and not sparing time, you can significantly reduce the amount of overpayment on the loan. In addition, getting rid of the status of "debtor" always has a fruitful effect on a person: financial freedom is an important aspect that should not be forgotten.

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 a 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

Most Russian citizens have several existing loans. They are issued for housing, transport, consumer needs. At the same time, many pay their debts ahead of schedule. Is early repayment possible? This procedure is described in the article.

Early payment

Is early repayment possible? According to Federal Law No. 284 of October 19, 2011, changes appeared in the Civil Code of the Russian Federation. Every citizen has the right to early payment of the loan. At the same time, the bank cannot charge commissions and fines for this service. Therefore, the return of interest on a loan upon early repayment is considered a legal right. Even if this is not mentioned in the contract, you can contact the bank to receive your funds.

Not later than one month before the planned payment, you must write an application and submit it to the bank. You don't need an answer for this. It should be borne in mind that some banks limit the term for early payment of the loan. For example, for 3 months. Otherwise, fines are imposed. It also happens that if the loan is granted for a short period, then early repayment is impossible.

Full and partial early repayment of a loan at Sberbank and other financial institutions has its advantages. The client pays less interest for the use of funds, so he will pay off the debt earlier. Will the insurance be returned in case of early repayment of the loan? The return of this amount is the right of the borrower. To do this, you need to write a statement, and it is better to do this on the closing date of the contract.

Is it possible to return?

Is it required by law to return interest on a loan in case of early repayment? In Art. 809 of the Civil Code of the Russian Federation states that interest is considered a fee for using a loan, they should be transferred only for the period of using the service. Therefore, everything that was credited to the bank in excess of the required amount must be returned to the client.

Since many banks use annuity (equal) payments in their work, banks receive increased profits with early payment. The fee is charged for the time that is not used by the borrower. That is why it is possible to return interest on a loan in case of early repayment.

Can the bank prohibit the return of interest in the contract?

When concluding a loan agreement, the borrower should pay attention to an important nuance. Some banks include a clause in the agreement stating that accrued interest cannot be recalculated and returned.

If the consumer is an individual, then this clause may be invalidated on the basis of a court decision. This is done under Art. 16 of the Law of the Russian Federation "On Protection of Consumer Rights". And more specifically, the actions of a financial organization are contrary to paragraph 2 of Art. 809 of the Civil Code of the Russian Federation.

If an entrepreneur takes funds for entrepreneurial activities, then this item can be canceled under Art. 165 of the Civil Code of the Russian Federation. When the client sees this information in the contract, he can demand its exclusion. Moreover, the law allows you to file a complaint with Rospotrebnadzor. The consumer should attach a copy of the loan agreement, and in the complaint indicate a request to bring the bank to administrative responsibility (Article 14.8 of the Code of Administrative Offenses of the Russian Federation).

When do you need to claim a refund?

This question should concern only those who have paid the debt ahead of schedule. Why is that? In fact, all banks operate on an annuity loan payment scheme. It is familiar to most people. Although the debt can be paid according to a differentiated scheme. You need to apply for a refund after the full payment of the loan.

Formation of overpayment

It is not difficult to understand how to return overpaid funds. To do this, you need to familiarize yourself with the principle of calculating the annuity. The following algorithm works:

1. The debt is charged at the rate specified in the contract.
2. Charges are added to the debt.
3. The amount received is divided by the number of months.
4. Each month the borrower pays one amount.
5. All payments consist of the debt and the rate.

To equalize payments in the first months, customers pay minimum payments. And most of it is betting. If the debt is paid earlier, the bank will receive part of the funds received in advance. The calculation of the overpayment is carried out by an online calculator and manually.

Recalculation

Is there an early payment recalculation? Modern banks use the annuity payment method in equal installments. Initially, for the most part, they pay interest on the loan for the entire time of use, and a small amount of payments is the repayment of the debt itself.

The schedule set by the bank is considered the middle option, which suggests that there will be no early payment, delays in payment. The return of interest on a loan in case of early repayment involves recalculation, after which the funds are transferred to the client.

How to return the insurance?

Often, along with a loan agreement, an insurance agreement is also drawn up. Banks do this to reduce their own risks. There will be additional costs for this document. The bottom line is that insurance is paid from credit funds throughout the entire period.

But with the payment of the debt, there is no need for insurance. By law, the money must be returned. Usually, the amount that was paid for the unused credit time is reimbursed.

To return the unused part of the insurance you need:

1. Contact a bank or insurance company with a statement. A sample of such a document can be taken from employees.
2. Provide documents (passport, contract, certificate of debt closure).
3. Wait for the application to be reviewed and decided.
4. Get funds.

Before submitting an application, you need to familiarize yourself with the contract concluded with the insurance company. It specifies the conditions for termination and refund. If nothing is said about the return of funds, then this will not work.

The procedure for early payment of the loan is not complicated and does not take much time. Although the bank does not benefit from such a deal, it is free. After that, the loan agreement ceases to be valid between the parties, and this is confirmed by a special certificate.

Conditions

Are there conditions for early repayment of a consumer loan? Sberbank and other financial organizations work according to certain rules. Borrowers can repay the loan at any time, this does not require the permission of the bank. But you should notify about it one month before the expected closing date.

Early payment at Sberbank can be made using the Sberbank Online system. But it is possible to apply to a bank branch with a passport. The application must indicate the amount, the account to which the money will be transferred, and the date of the transaction. The day of early payment must be a working day.

Illegal enrichment

With early payment of the debt, it is required to determine the difference between:

1. The amount of the borrower's overpayment for using the loan under the agreement.
2. The amount of the cost of using the loan.

With early payment between the 2 amounts, there will be a difference not in favor of the client, since the monthly payments took into account the use of funds by the borrower during the period of the contract. Therefore, it is required to determine the monthly amount of use under the agreement and actually, and then multiply by the number of months during which the funds were used. The difference between these indicators is the amount that is returned to the borrower.

Calculation

The loan repayment calculator will allow you to correctly calculate the amount of funds that must be returned. Such a service is available on the websites of many banks. You must enter the amount, term, rate, type of payments, date of receipt. After that, click the "Calculate" button.

In the calculator for early repayment of the loan, you need to enter the data specified in the contract. Only then will it be possible to calculate accurate data. Full and partial early repayment of the loan in Sberbank and other financial institutions is carried out after the client's request.

Actions

Payments for early repayment of the loan are possible only if the client goes through a simple procedure:

1. It is necessary to apply to the bank with an application for payment of the entire amount within 30 days before the scheduled settlement date.
2. Then you must pay the entire amount of the debt before the due date.
3. You should take a certificate from a financial institution that confirms the absence of debt. These papers are provided free of charge.
4. It is necessary to calculate the overpaid interest in case of early repayment of the loan using a loan calculator.
5. You need to apply for a refund.
6. It is important to wait for the payment or go to court if there was a refusal.

To make a refund, you need to provide a copy of the contract and a certificate of payment. You also need a client's passport.

Drawing up an application

If there was a full early repayment of the loan, you must write an application. Their forms are usually available in financial institutions. If they are not, then the application can be made in free form. There you need to specify:

1. Passport data and the name of the institution.
2. Contract number and date of signing.
3. Agreement settings.
4. Date and amount of payment.
5. Information about closing a debt.
6. The amount of the interest calculation.
7. Request for a refund.
8. Details to which funds will be transferred.
9. Notification of going to court in case of refusal.
10. Signature and date.

Only then is the recalculation of interest on early repayment of the loan. Judicial practice shows that most cases are resolved in favor of borrowers. It is only necessary to correctly state all the requirements in the application and indicate references to laws.

Partial payment

Early payment is considered a great advantage for the client. The borrower removes debt obligations, saves on interest. Even if this is partially done, the debt is still reduced.

The disadvantages of early payment will be noticeable when the national currency depreciates. Then it is more profitable to invest additional funds in the purchase of foreign currency in order to pay a large amount with its rise in price. But many banks tie the rate to the rate of the Central Bank. Then, with the devaluation of the national currency, there is an increase in payments.

Before making a decision on early payment, you need to familiarize yourself with the contract. It is necessary to calculate what will be the savings for this operation. You need to check the balance on the loan after the operation is completed. It is necessary to control the accrual of interest, they are calculated on the basis of the amount of early payment.

Reference

After the full early repayment of the loan, you can request a certificate from the bank. It contains information about the loan: amount, term, date of payment. It is indicated that the account is closed and an addition is made that there are no claims from the bank. It is provided a few days after the application is submitted. Some banks can issue a certificate on the same day.

This certificate must be obtained even if the refund will not be made. It is proof that there is no debt. There are also technical failures and other problems. If, for example, the account is not closed or the debt is not fully written off, then interest continues to accrue on it. Over time, due to the lack of payments, penalties and fines are accrued, so the balance can become large. To avoid this, you need to contact a bank specialist and make sure that the account is closed.

Return

After submitting the application to the bank employees, the borrower can expect a positive decision. If agreed, the funds are transferred in the way that is fixed in the application. Refusals must be made to the court. Then it is more likely that the case will be resolved in favor of the client, because the law clearly defines the rules for overpayment for using the loan.

Although the law establishes that the difference between the actual and contracted amount is compensated to the borrower, credit institutions often refuse to pay the funds. Therefore, the borrower needs to know about the possibility of return and the rules for claiming money.

Not all people are interested in the law, they do not fully know their rights and do not always understand how to use their rights.

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!

Endless disputes and litigation about early repayment of the loan and the fines that the bank collects from its customers can only be settled on the basis of certain legislative acts.

Whose side is the law on

Early payment of debt has its own definition. This is the repayment of debt to the lender-borrower.

Repayment can be made in parts or in full amount equal to the balance of the debt.

The total amount is fixed on the basis of an officially concluded contract that is still in force. If you pay attention to the text of the agreement of such loans as consumer loans, you will see that there is one wording in one of the paragraphs of the text.

This sentence will usually say that the loan is issued to the client only for a certain period of time. During this period, the client's obligation appears - repayment of the debt according to the schedule and in full before the end of the term. The same applies to getting cash to buy a car or real estate.

From this we can conclude that if the client repays all debts before the date on which the document is terminated, then this can be considered early repayment.

This is where the problems with the banking organization begin - for the consumer, the time comes when he is punished with penalties for repaying debts not on schedule. However, here we still need to ask ourselves whether the fines are legal or whether the law of Russia is on the side of the consumer. For answers, you need to turn to legislative acts.

Table. Legal grounds and prohibitions regarding the repayment of debt to the bank ahead of time.

You should pay attention to one point - in the contract you need to carefully read the clause warning about early repayment of the debt.

Perhaps the bank will set the notice period not 30 days, but less. Then the client, in the process of submitting a written notice to his lender about the early payment of the debt, is obliged to meet the deadline specified in the contract, and not in the article of the law.

It turns out that the client can wait for the consent of the bank to carry out such a transaction, but after notification of his decision.

On the other hand, banks do not have the right to fine such clients, as well as establish a ban (temporary or permanent) on the early payments of client payments, even by writing in the text of the agreement.

Do banks comply with the prescribed norms?

On the part of banking institutions, the following actions must be taken if the client has notified in advance to the account of the upcoming early payments:

1. Register the received notification officially.
2. Provide information to the client about the amount of the remaining debt (you may have to wait 5 days for such a response from the bank - the provision is regulated by Part 7 of Article 11 of Law No. 353-FZ).
3. If the client plans to repay partially, then the bank must recalculate and issue a new payment schedule to the borrower.
4. When creating a new schedule, the bank can offer the client either to reduce the payment period, or the amount attributable to monthly payments (the client chooses himself).
5. Upon full repayment of the predetermined period, the contract should be recognized as closed, and the bank should prepare and issue a certificate to the client stating that all obligations on the part of the consumer of the loan have been finally fulfilled.

It should be noted that until October 19, 2011, laws in Russia allowed banks to prescribe in their agreements with consumers of loans a ban on early payment of debts. Today, such prohibitions should not appear in the content of agreements with consumers.

It is not allowed today to set an additional fee for the client for the fact that he did not pay the debt at the right time.

Such an order is indicated in paragraphs. 1 st. 1 of legal act No. 284-FZ of 10/19/11, which serves as an addition to Art. 809 and 810 of the second part of the Civil Code of Russia. This suggests that the bank still does not have the right to establish a penalty for early repayment of a loan to legal entities, as well as individuals.

It is on interest that the bank has the right to count on early repayment of the loan by the client, but the bank does not have the right to establish a separate fee for early maturity - this is not mentioned in the law.

Moreover, these percentages must necessarily correspond to those that were originally prescribed in the contract concluded with the client.

All these regulations apply not only to contracts concluded after 2011, but also before the changes come into force - 19.10.11.

But if the payment is already overdue, then the provision for early payments does not apply to it. You will have to pre-pay all debts along with the compensation and sanctions accrued on them.

Then, only notify the bank that you wish to repay most or all of the debt before the end of the contract. In general, bank employees should understand one simple thing.

And individual conditions should always be specified in a standard standard contract, because it is in these clauses that the following is usually written:

• terms of the payment schedule;
• sum;
• currency;
• interest;
• other criteria (clause 9 of 12/21/13).

For clarity, how such conditions look like in the text of the contract, we give an example of one of the pages of the document:

Moratorium on early payment

The moratorium for early repayments under the agreement is a restriction that is actually defined by the bank as a prohibition for customers to pay their debts out of schedule or ahead of schedule, the day on which the loan agreement is terminated. It is precisely this mechanism that is referred to in the law correcting Articles 809 and 810 of the Civil Code of the Russian Federation - Law No. 284-FZ of 10/19/11.

Such prohibitions are no longer legitimate today, and early repayment of a loan without penalty is legal. Therefore, when a particular banking institution begins to demand compensation from the client or inserts such wording into the text of the contract, which, in fact, prohibits early payment of debts, the client has every right to complain to the court.

challenging a fine

There are such credit and financial organizations that react normally to the implementation of legislation in Russia. But not all such institutions are ready to fulfill their obligations, monitor and accurately implement all the innovations and changes that come into the legal field from time to time from government decisions.

Therefore, today there are still such frictions between borrowers and lenders, and lawsuits with complaints against banks continue to come to the judiciary.

Borrower complaints typically begin when a lender actively imposes penalties on a client for paying its debts ahead of schedule.

If someone else among the citizens of Russia does not know, complaining to the court about the bank is a very real opportunity.

To do this, you will need to do the following steps:

1. First of all, do all the actions related to pre-trial settlement yourself:
   • to demand the return of the collected fine or commission;
   • write a complaint addressed to the director of the bank;
   • be sure to refer in the complaint to the fact that you have the right to complain further already in court.
2. If the bank management does not respond in any way, then immediately contact a lawyer who will help track down all legislative loopholes.
3. You can independently file a lawsuit against a banking institution in a judicial instance.

Usually, if you scare the bank with the articles of the law and a written warning to the client that he will go to court in the future, then the creditor reacts in favor of the client. Early repayment of the loan is properly processed and you can do without litigation.

It is simply unprofitable for banks to sue their clients. And they, in turn, are trying to resolve relations on the spot.

Video: Rules for early repayment of a loan.

A few tips for borrowers regarding early repayment of loans

Each consumer of the loan product should understand that by law, if he does not submit an application to the bank in advance, then all his payments ahead of time to the creditor's account will be perceived by the financial institution as nothing more than an ordinary repayment. Then simply the amount will be automatically debited in installments exclusively according to the unchanged payment schedule under the contract.

The application is a special notice to the creditor, which is submitted in any case, or the client decided to return everything in full. Such a form can either be downloaded on the website of your bank, or you can come personally to the office and receive it from a bank employee.

An important point may also be the very making of the payment to the bank account. If you decide to pay off a certain amount of your debt obligation ahead of time, and indicated this amount in the notice, then you should deposit exactly the same amount into the account.

To do this, you need to clarify with the bank manager in the end how much you should put into the bank account so that there is no underpayment. Here the following mechanism may work.

If you do not specify the amount of the payment, then only part of it will simply be written off from the total amount of such repayment.

This part is the size of the amount according to the schedule. In this case, early repayment will not be counted. Even if they put an amount of 50 kopecks less on the lender's account.

The algorithms of actions for borrowers when repaying debts ahead of schedule are as follows:

1. Filing a notice to the bank to indicate your willingness to pay the debt in part or in full.
2. Clarification of the required amount with all interest under the contract. To do this, it is better to take a printout from your bank employee with an indication of the required amount, which also appeared in the notification you submitted earlier. The printout must be certified by the wet seal of the institution.
3. Make a payment to the account exactly in the amount that was specified in the bank.
4. Be sure to check whether the bank has received the required amount.
5. In case of partial repayment, obtain a certificate of recalculation of the amount of debt and a new schedule.
6. At the final - you need to get a certificate on the closing of the loan agreement and the fulfillment of all obligations of the debtor.

It should also be understood that paragraph 3 of Article 11 of Law No. 353-FZ speaks of non-purpose loans, but about loans taken for specific purposes, the borrower has the right to refuse the product and terminate the contract with the return of the necessary amounts within 30 days after signing such a document. In both cases, the borrower is not required to notify the banking organization of his decision in advance.

Those customers who want to repay the loan ahead of schedule in connection with their own initiative to refuse banking services will need to meet the deadline. This closing application period is calculated as 14 days from the date (calendar day) when the loan was received.

At the same time, closing a loan also implies the payment of not only the principal amount of money borrowed from a financial institution, but also all interest.

To do this, the borrower simply needs to rely on the agreement that was concluded with the bank. Therefore, under such circumstances, the period of 30 days before the date of payment of the debt according to the schedule does not apply. Here, completely different terms work, and it will not work to close the contract at the initiative of the borrower after the past 2 weeks from the moment the loan was taken.

After all payments and fulfillment, thus, of obligations, the client has the right, and all the necessary amounts have been returned to the creditor. Usually such a certificate is issued within 5 days (working), but it should be ordered in advance.

When not to pay off a loan early

Some cases show that it is not always advisable for borrowers to repay their debts to the bank ahead of schedule. If there are two or three months left before the end of the agreement, then there is no benefit to the borrower in breaking off relations with his lender.

Especially such a moment is very well traced in those contracts where the condition for repaying the loan is the annuity method.

The interest rate may change in such a way in case of early termination of the contract that this will serve as an additional cost for the client.

The early return of borrowed amounts will almost always be considered as depriving the bank of its earnings. That's why there are such clauses in the contracts, revealing all the conditions for early payments.

Therefore, before signing such an agreement, customers need to carefully read the terms of early repayment of the debt. You always need to follow the schedule and the linking of interest calculations that bank specialists made at the very beginning of the loan.