In the process of applying for a loan, you need to be prepared for the fact that the bank will offer to conclude an additional insurance contract. Why is it profitable to him? Due to the insured amount, the size of the loan increases, which leads to an increase in interest payable. It is also a way to protect yourself from the risk of no return of funds.
The client may be told that this service is in its interests. After all, if he is not able to repay the debt and does not take out insurance, then all his property will go on sale, and he will be left with nothing. But since 2015, a bankruptcy procedure has been in place for individuals, which once again underlines that the imposed service is beneficial to the lender, and not to the borrower. In this article we will try to figure out how to return the insurance already paid .
We study the theoretical side of the issue
After the conclusion of a financial transaction and the receipt of money, it’s time to be puzzled by the upcoming return of over-accrued payments. You can return them through a bank or insurance company (UK), which signed the contract. To whom it is better to turn – it is decided individually on the basis of judicial practice in similar cases of a particular region, the terms of the transaction and the characteristics of counterparties.
Insurance has its own specifics depending on the type of loan: for cars, mortgage, consumer. Despite the theoretical right to refuse extra conditions, the bank may simply not give out money or reduce the period, increase the down payment, prescribe additional fines. Almost always, the client is imposed on life and health insurance, as well as risks from the loss of a source of income .
At the stage of registration of the contract, it is almost impossible to cross out unnecessary payments. You just will not work further. But you must read all the documents and check them for a choice of the type “I agree to life insurance”, etc. It is important to study the language on the issue, otherwise it will be extremely difficult to prove in court that the service was imposed on you . The defendant will say that you just did not read the contract . Practice shows that most often there is no choice in the documents. This allows you to easily return the amount paid retroactively.
The repayment period starts one month after receiving the loan and is valid for 3 years after the completion of the transaction . Few people know that you can fight for insurance payments on an already closed debt. If the loan is still active, then the overpaid amounts will go towards the debt owed to the bank.
We apply to the bank
First of all, we prepare an application for the return of insurance in two copies . The method is relevant if it was written off in one payment. Some financial institutions may provide a sample of such an application at the request of the borrower. Although they do it reluctantly. The legislation also allows you to write it in free form (an exemplary sample can be downloaded by reference). This will save the client from possible “pitfalls” in the form compiled by the lender. When submitting an application, be sure to ask the manager to put a mark on your copy on its receipt. If the insurance premium is deducted every month, then in circulation you need to indicate the need to return the amounts already paid and suspend the insurance contract.
The answer must come within 10 days. Usually this is a standard “unsubscribe” with the disagreement of the fact of imposing insurance. In exceptional cases, the bank may accept the application and satisfy the request for a refund. Perhaps the lender will simply ignore the papers received. If the situation has not been resolved in 10 days, the next step is to go to court .
In case of refusal, we file a lawsuit
When applying to the court should be based on the provisions of paragraph 1 of Art. 428 of the Civil Code. They indicate that the credit transaction relates to the connection agreements. This means that the conditions are set by the lender, and the borrower only agrees to them without the right to change . Your goal of a request to a financial institution is to receive money, you did not need other offers. Therefore, insurance was imposed.
Next, see Art. 16 of the Law “On Protection of Consumer Rights”. It states that the terms of the contract, which infringe upon your legal rights, are considered invalid. It is impossible to condition the purchase of some goods (works, services) by the purchase of others. Also, the seller has no right to provide additional services without the consent of the consumer . Otherwise, the buyer may not pay them or request a refund of the amount transferred.
In court, focus on the following facts:
- Receiving money was possible only under conditions stated by the lender;
- due to unnecessary insurance, the final amount of the debt has increased significantly;
- insurance is a separate service from crediting;
- according to the law, a citizen is not obliged to insure his life and health (part 2 of article 935 of the Civil Code of the Russian Federation);
- imposing insurance payments violates your consumer rights;
- the transaction does not comply with the laws of the Russian Federation and must be declared invalid (art. 168 of the Civil Code of the Russian Federation).
Prepare copies in advance for all case documents, including payment receipts. Collect everything that is relevant to the issue. If the lender refuses to issue any papers, then send a petition for their recovery along with a lawsuit.
If the amount of insurance is up to 50 thousand rubles, the magistrate will consider the case. As the amount grows, the district court will take care of this. The application must be sent at the location of the bank or at the place of residence of the applicant. Pay a state duty in the case of violation of consumer rights will not have to . This rule is established at the legislative level. In addition to the return of insurance sums, you can claim the return of interest for the use of your overpaid funds, as well as compensation for moral harm.
Be prepared for a fairly lengthy and psychologically stressful procedure. It is not in vain that large-scale legal departments with competent specialists are organized in credit and financial organizations. If you wish, you can find the necessary loophole in the laws. And in different courts one situation can be interpreted differently. You can also seek legal assistance. Remember that if you win, the cost of the work of such an assistant will be returned to you as legal fees, which will be recovered from the defendant.