Credit card trust lawsuits. Statement of claim bank trust

In the Nizhny Novgorod Region, the court recovered from Trust Bank in favor of the borrower the amount of monthly commissions that were unlawfully included in the terms of the loan agreement, the press service of the Nizhny Novgorod Regional Court reports.

Previously, citizen M. filed a claim with the Pavlovsk City Court against OJSC National Bank Trust to declare the terms of the agreement void and to recover funds. On January 19, 2011, a loan agreement was concluded between the plaintiff and National Bank Trust in the amount of 499,990 rubles for a period of 60 months. The plaintiff received the funds, but not in full. The loan agreement was concluded not by signing a single document, but, in accordance with the requirements of paragraph 1 of Article 160, paragraphs 2,3 of Article 434 of the Civil Code of the Russian Federation, by the parties signing a payment schedule for the “MasterCard Unembossed” tariff plan.

When concluding the agreement, the bank included in the agreement a condition - “B Trust” tariffs for the “Time of Opportunity” product, clause 5, an application for a loan for urgent needs, clause 2.16, and a condition in the payment schedule, according to which the borrower is charged a fee for crediting credit funds in the amount of 2,490 rubles. This amount was charged when the loan was issued, which is also indicated in the payment schedule in the “How to pay a loan” section. At the same time, the bank did not issue the plaintiff a document confirming the collection of 2,490 rubles. The plaintiff received only 497,500 rubles. In addition, the defendant, in violation of current legislation, included in the agreement, in addition to interest for using the loan, a condition for charging monthly fees in the amount of 4,949 rubles 90 kopecks.

As a result, the plaintiff paid a monthly fee for settlement servicing of the loan account for the period from February 21, 2011 to May 30, 2012 - a total of 17 payments in the total amount of 81,688 rubles 40 kopecks. The court satisfied M.'s claims in full. Thus, clause 2.8 of the application for a loan for urgent needs under a loan agreement establishing a fee for settlement services (monthly) in the amount of 0.99% was declared void. Clause 2.16 of the application for a loan for urgent needs under a loan agreement establishing a commission for crediting loan funds to the client’s account was also declared void at the same time.

The court recovered from the National Bank "Trust" in favor of M. the funds paid for crediting credit funds and for settlement services under the agreement in the amount of 81,688 rubles 40 kopecks, interest for the use of other people's funds in the amount of 4,350 rubles 46 kopecks and payment expenses representative services in the amount of 5,000 rubles.

The court refused to consider the claim of Trust Bank against the management company MDM for 785 million rubles.

The Moscow Arbitration Court left without consideration the claim of Trust Bank against the management company MDM, it follows from the case materials.

The application was submitted on January 9, the case was considered by judge Tatyana Ilyina. The details of the claim are unknown; the amount of claims amounted to more than 785 million rubles. (see “Trust Bank recovers over 785 million rubles from the MDM management company”). The third party in the case is the NPO National Settlement Depository.

The MDM company specializes in securities management, its authorized capital is 5.65 billion rubles. The founders of the company are Bean Engineering LLC and Freedom Private Capital Funds PSS Limited.

National Bank "Trust" was founded in 1995. In 2015, a criminal case was opened regarding theft in a credit institution, in which top managers became defendants (see “Managers of Trust Bank were suspected of fraud with loans worth 7 billion rubles and $118.3 million”). In December last year, the ex-owner of the bank Ilya Yurov was detained in Ukraine (see “The Ukrainian court did not arrest the detained ex-owner of Trust Bank”). In addition, the Trust filed a claim in the High Court of London to annul the transfers of funds by its former owners to the accounts of their wives. Representatives of the credit institution stated that as soon as financial problems arose in the bank, the shareholders transferred $68 million from offshore companies associated with the bank’s borrowers to their wives and other family members, registering them as gifts (see “Trust Bank demands the return of $68 million, which its ex-owners gave to their wives").

Sue Trust Bank

Hello! In 2014, I took out a consumer loan from Trust Bank in the amount of 130,000 rubles. At a certain period, due to financial difficulties, it was not possible to repay the loan debt, as a result of which the bank filed a statement of claim in court, after which, in May 2016, enforcement proceedings were initiated against me, according to which I was obliged to pay the remaining amount of the loan - 47,000 rubles. I learned that enforcement proceedings had been initiated against me a few days ago, and I immediately went to the bailiff to resolve the issue of repaying the debt. However, before I found out that enforcement proceedings had been initiated against me, I was repaying part of the debt in the bank in the amount of 25,000 rubles. The bailiff advised me to go to the bank and get a statement of partial repayment of the remaining debt in order to change the amount of payment for the claim proceedings. Arriving at the bank, they told me that I owed 62,000 rubles, although the court had already made a decision in the amount of 47,000. The 25,000 rubles that I credited to the bank were not taken into account at all, or were taken into account in favor of the interest invented by the bank. Thus, without receiving a clear answer from the bank, I repaid the full debt assigned by the court to the bailiff in the amount of 47,000. Can I sue Trust Bank to recover from them the money I credited to repay the loan in the amount of 25,000 rubles, so How is this amount significant for an individual?

Answers from lawyers (10)

Roman, if you really paid the Bank more than what was established by the court decision, you have the right to demand their return. But you need to figure out what this additional charge of up to 62 tr is. Therefore, first of all, I would suggest writing a statement to the bank requesting a reconciliation of mutual settlements. Depending on what exactly is indicated in the reconciliation and what are the grounds for additional charges, it will be possible to assess your chances when going to court.

Client clarification

The fact of the matter is that the bank operates with some of its own fictitious calculations of interest, commissions, and so on, but the contract, after a court decision, was terminated with them, a lawsuit was filed, after which they have no right to charge any interest.

Have a question for a lawyer?

First, write a claim demanding a refund. The bank will provide an answer on the basis of which such amounts were withheld. After reading the answer (if there is one), decide whether to go to court or not.

You can file a claim in court, and it will be a claim to protect the rights of consumers of financial services. (You do not pay state duty.)

Roman, good evening. Please clarify whether you contributed these 25,000 rubles BEFORE or AFTER rendering court decision?

Client clarification

After the court decision. I was not notified at all about the court decision.

However, without reconciliation you will not be able to write a reasoned statement of claim. In principle, you can, of course, request a reconciliation directly from the court, but the court may not grant your request, since you could have done this without involving the court. Now, if they don’t answer you, then you can petition the court about it.

The application (claim) can be written in any form, but you must have a copy with a receipt stamp or a receipt and a notification from the post office that you sent the corresponding letter to the bank.

I really hope that you still have a document confirming the deposit of 25 thousand into the bank.

Client clarification

Thank you! The receipts remain. Then the first thing I will do is exactly this, after which I will build on the bank’s response.

So, what if AFTER the court decision. So what is the question? You voluntarily partially complied with the court decision. Have you shown the document confirming payment to the bailiffs?

Client clarification

They showed it, but the bailiffs need a bank statement about partial repayment, the bank refuses to issue one.

You can file a claim against the bank, but to do this you first need to understand what payments the bank sent to where. And for this you will need a bank statement. It will be necessary to check how interest was calculated and where the payments went. In addition, you need to look at the court decision to see whether the loan agreement was terminated. If not, the bank could continue to charge interest and penalties.

In other words, an extract is needed

Exactly. Depending on what he accrued there, you can justify your demands.

Does the receipt indicate that this is repayment of a loan debt or something else that can be identified as partial repayment of a debt?

Is it stated in the operative part of the court decision that the contract was terminated or did you decide so yourself?

If the contract was not terminated, then they can still charge you and go to court again.

If you found out about the court decision, then you should not rush to pay, but first take the court decision, because As a rule, if you were not present at the trial, then you were awarded commissions and fines that could have been reduced.

Get a printout of the cash flow from the loan agreement account from the bank to understand where your money went

Why do bailiffs need a bank statement? A document confirming payment made after the court decision is made is a partial voluntary execution of the court decision.

Art. 43 Federal Law On enforcement proceedings:

2. Enforcement proceedings are terminated bailiff in the following cases:
1) the court adopts an act to terminate the execution of the writ of execution issued by it;
2) the court accepts the claimant’s refusal to collect;
3) approval by the court of a settlement agreement, a reconciliation agreement between the claimant and the debtor;
4) cancellation of the judicial act on the basis of which the executive document was issued;
5) cancellation or invalidation of the executive document on the basis of which enforcement proceedings were initiated;
6) termination on the grounds and in the manner established by federal law, execution of a judicial act, an act of another body or official in a case of an administrative offense by the court, another body or official that issued the executive document

In this case, you have already partially fulfilled it. Pay the remaining amount and the bailiff is obliged to terminate enforcement proceedings. The fact of payment is not a bank statement, but a primary document confirming payment. Let me draw your attention to the fact that we are not talking about paying off the debt under a writ of execution, but about the execution of a judicial act. The bailiff is obliged to accept this document from you. Write a statement to the Federal Bailiff Service with a request to take this operation into account. Otherwise, you can appeal the actions of the bailiff.

Looking for an answer?
It's easier to ask a lawyer!

Ask our lawyers a question - it’s much faster than looking for a solution.

The decision in the civil case on the claim of the National Bank "TRUST" (OJSC) against B.D. A., B.E.N. on debt collection - penalty reduced

SOLUTION

IN THE NAME OF THE RUSSIAN FEDERATION

07/09/2015 Oktyabrsky District Court of Samara, consisting of:

presiding judge Kurmaeva A.Kh.,

with the secretary of the court session Tregub U.V.,

having considered in open court civil case No.... on the claim of the National Bank "TRUST" (OJSC) against B.D. A., B. E. N. on debt collection,

INSTALLED:

OJSC National Bank "Trust" appealed to the court with the specified application, citing the fact that the date with the defendant B.D. A. A loan agreement No. 03-900-7158 was concluded. The loan under the agreement was provided on the terms contained in the General Conditions for Providing and Servicing Loans, conditions for payment cards, and tariffs. In the application, the defendant agreed that the acceptance of his offer to conclude an agreement is the actions of the Creditor in opening an account for him, and the tariffs, conditions and payment schedule are an integral part of the application and the agreement. The bank fulfilled its obligations. According to the conditions, the loan is considered granted on the date of reflection of the amount of the transaction made using funds provided by the bank on the client’s account. From the date of conclusion of the agreement, the client has obligations to pay fines, commissions, and debt repayment. To ensure that the borrower fulfills his obligations to repay the loan provided and pay interest, the bank entered into surety agreements with B. E. N. In violation of the conditions, the defendant evades fulfilling its obligations to repay the current debt as planned. Asks the court to collect jointly and severally from B.D. A., B. E. N. in favor of OJSC National Bank "Trust" the amount of debt in the amount of *** rubles, as well as in equal parts the cost of paying the state duty ***

At the court hearing, the representative of the National Bank "TRUST" (OJSC) - G. A. I., acting under power of attorney No. ... dated October 31, 2014, supported the stated demands on the grounds set out in the claim, asking to be satisfied in full.

Representative of the defendants B.D. A., B. E. N. - A. L. M., acting under powers of attorney No. 12-5266, 12-5265 dated December 19, 2014, at the court hearing recognized the claims in terms of recovery from the defendants of the principal debt and interest for use loan, the amount of interest on overdue debt and fees for missed payments asked to be reduced to *** rubles, taking into account the difficult financial situation, B.E.N. is currently on maternity leave to care for a child.

Having heard the parties and studied the case materials, the court considers the claims to be satisfied on the following grounds.

The court found that the date of the National Bank "TRUST" (OJSC) and B.D. A. entered into a loan agreement No. 03-900-7158, under which the lender agreed to provide the borrower with funds in the amount and on the terms provided for by this Loan Agreement, and the borrower agreed to repay the loan received, pay interest for using the loan and fulfill other obligations stipulated by the loan agreement in full. The loan amount was *** rubles, the interest rate for using the loan was 29% per annum. The loan repayment period is 60 months from the date following the date of loan provision.

In accordance with Art. 196 of the Civil Code of the Russian Federation, the general limitation period is three years from the date determined in accordance with Article 200 of this Code.

In accordance with Part 2 of Art. 200 of the Civil Code of the Russian Federation for obligations with a certain period of performance, the limitation period begins at the end of the performance period.

From paragraph 1.3. loan agreement concluded between the Bank and B.D. A. it follows that the loan repayment period is 60 months from the date following the date of the loan.

Thus, the deadline for fulfilling obligations under this agreement is determined until 10/28/2016, therefore, the statute of limitations expires on 10/28/2019, from the case materials it follows that the plaintiff sent a statement of claim to the court on 05/29/2015, i.e. without missing the deadline.

In accordance with Art. 819 of the Civil Code of the Russian Federation, under a loan agreement, a bank or other credit organization (lender) provides the borrower with funds in the amount and on the terms stipulated by the agreement, and the borrower undertakes to return the amount received and pay interest on it.

According to the Loan Conditions, the Bank has the right to refuse to fulfill the obligation to provide a Loan or part thereof, and also to demand from the Borrower early fulfillment of obligations under the Loan Agreement (early repayment of the loan), as well as compensation for losses caused to the Bank due to non-fulfillment or improper fulfillment of the provisions by the Borrower of the Loan Agreement and these Terms, or non-fulfillment/improper fulfillment of obligations by third parties with whom the Bank has entered into agreements to secure the Borrower’s obligations, or deterioration in the quality of securing the Borrower’s obligations, in cases provided for by these terms and conditions.

In accordance with Art. 307 of the Civil Code of the Russian Federation, by virtue of an obligation, one person (debtor) is obliged to perform a certain action in favor of another person (creditor), such as: transfer property, perform work, pay money, etc., or refrain from a certain action, and the creditor has the right to demand from the debtor the fulfillment of his obligation.

According to Art. 309 of the Civil Code of the Russian Federation, the debtor’s obligations must be fulfilled properly in accordance with the terms of the obligation and the requirements of the law, other legal acts, and in the absence of such conditions and requirements - in accordance with business customs or other usually imposed requirements.

Article 819 of the Civil Code of the Russian Federation establishes that under a loan agreement, a bank or other credit organization (lender) undertakes to provide funds (loan) 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, to the relationship under a loan agreement, the rules provided for in paragraph 1 of Chapter 42 of the Civil Code of the Russian Federation are applied, unless otherwise provided by the rules of paragraph 2 and does not follow from the essence of the loan agreement.

Part 1 art. 810 of the Civil Code of the Russian Federation determines that the borrower is obliged to return to the lender the received loan amount on time and in the manner prescribed by the loan agreement.

According to Part 2 of Art. 811 of the Civil Code of the Russian Federation, if the loan agreement provides for the return of the loan in parts (in installments), then if the borrower violates the deadline established for the return of the next part of the loan, the lender has the right to demand early return of the next part of the loan, the lender has the right to demand early return of the entire remaining loan amount along with interest due.

According to Art. 363 of the Civil Code of the Russian Federation, in case of non-fulfillment or improper fulfillment by the debtor of the obligation secured by the guarantee, the guarantor or the debtor is jointly and severally liable to the creditor. The guarantor is liable to the creditor to the same extent as the debtor, including payment of interest, reimbursement of legal costs for debt collection and other losses of the creditor caused by non-fulfillment or improper fulfillment of the obligation by the debtor.

In accordance with Article 323 of the Civil Code of the Russian Federation, in the event of a joint and several obligation of debtors, the creditor has the right to demand performance both from all debtors jointly and from any of them separately, both in full and in part of the debt.

A creditor who has not received full satisfaction from one of the joint and several debtors has the right to demand what was not received from the remaining joint and several debtors.

Joint and several debtors remain obligated until the obligation is fully fulfilled.

From the case materials it follows that in order to ensure the fulfillment of the borrower’s obligations under the loan agreement No.... dated 10/28/2011, the bank entered into a surety agreement No.... with B.E.N.

Under the terms of the surety agreement No.... dated October 28, 2011, the guarantor B.E.N. accepted the obligation to answer to the creditor for the execution of B.D. A. (borrower) of his obligations under the loan agreement No.... dated October 28, 2011, which includes repayment of the loan, payment of interest for using the loan, payment of penalties, fees and commissions, as well as other obligations of the borrower under the loan agreement.

By virtue of clause 3.1 of the loan agreement, the loan is considered granted on the date the loan amount is credited to the borrower’s account, and the borrower has an obligation to pay the appropriate interest for using the loan and other commissions and fees provided for by the tariffs of National Bank Trust.

According to account statement No.... B.D. A. loan in the amount of *** rub. was provided by the plaintiff by transferring a sum of money to the specified account.

The court found that the obligations assumed under the loan agreement by B.D. A. are not fulfilled.

OJSC National Bank "Trust" sent demands to the defendants for early fulfillment of obligations under the loan agreement, to which no response was received.

According to the calculation of the debt as of the date, the debt of the borrower B.D. A. before the Bank is ***., including:

principal debt in the amount of ***.;

interest for using the loan in the amount of ***

interest on overdue debt -***

fee for skipping payments - ***

At the court hearing, the representative of the defendants requests, in accordance with the provisions of Art. 333 of the Civil Code of the Russian Federation to reduce the amount of fees for missed payments and interest on overdue debt, taking into account the financial situation of the defendants.

According to the legal position of the Constitutional Court of the Russian Federation, formed during the implementation of the constitutional and legal interpretation of Article 333 of the Civil Code of the Russian Federation (Definition dated N 263-O), Article 330 of the Civil Code of the Russian Federation recognizes a penalty as the amount of money determined by law or agreement, which the debtor is obliged to pay to the creditor in the event of non-fulfillment or improper performance of an obligation, in particular in case of delay in performance.

According to the first part of Article 333 of the Civil Code of the Russian Federation, if the penalty payable is clearly disproportionate to the consequences of violation of the obligation, the court has the right to reduce the penalty.

Thus, civil legislation provides for a penalty as a method of ensuring the fulfillment of obligations and a measure of property liability for their failure to fulfill or improper performance, and the right to reduce the penalty is given to the court in order to eliminate its obvious disproportion to the consequences of violation of obligations.

The court believes that fees for missed payments, as well as interest on overdue debt, are one of the types of penalties; taking into account the financial situation of the defendants, the court believes it is possible to reduce them, namely fees for missed payments from ***

Based on the above, taking into account the partial recognition of the claim, the court considers the plaintiff’s demands to collect from the defendant the amount of debt under the loan agreement, which consists of: the amount of the principal debt - ***

In accordance with the requirements of Part 1 of Art. 98 of the Code of Civil Procedure of the Russian Federation, from the defendants in equal shares in favor of the plaintiff the amount of state duty is subject to recovery in proportion to the size of the claims satisfied by the court in the amount of ***

Guided by Art. Art. 194-199 Code of Civil Procedure of the Russian Federation,

DECIDED:

The claim of OJSC National Bank "TRUST" is partially satisfied.

Collect jointly and severally with B.D. A., B. E. N. in favor of OJSC National Bank "TRUST" debt under the loan agreement, namely: the amount of the principal debt - ***

Collect in equal shares from B.D. A., B. E. N. in favor of OJSC National Bank "TRUST" the amount of state duty in the amount of ***

The decision can be appealed to the Samara Regional Court through the Oktyabrsky District Court within a month from the date of adoption in its final form.

The final decision was made on July 13, 2015.

Presiding judge: signature of Kurmaev A. Kh.

Court with TRUST bank

• Posts: 2
• Thanks received: 0

• Posts: 2
• Thanks received: 0

Please Login to join the conversation.

• Posts: 1
• Thanks received: 0

Please Login to join the conversation.

• Posts: 144
• Reputation: 4
• Thanks received: 20

Please Login to join the conversation.

• Posts: 63
• Reputation: 1
• Thanks received: 11

Please Login to join the conversation.

• Posts: 144
• Reputation: 4
• Thanks received: 20

Please Login to join the conversation.

Order of the Ministry of Internal Affairs of the Russian Federation dated July 5, 2012 No. 677 “On approval of the Procedure for the payment of lifting allowance and daily allowance when employees of the internal affairs bodies of the Russian Federation move to a new duty station in another locality” (has not entered into force) In accordance with Part 3 of Article 3 Federal […] Who will receive a pension increase from April 1, 2018 The social pension will increase from April 1. Government Decree No. 302 dated March 20, 2018 “On approval of the indexation coefficient of social pensions from April 1, 2018,” which has not yet entered into force, states a coefficient of 1.029. Social […]

Circumstances: The plaintiff refers to the fact that an agreement was concluded, the defendant does not fulfill his obligations under the agreement.
We draw your attention to the fact that this decision could be appealed to a higher court and overturned

BELGOROD REGIONAL COURT

The Judicial Collegium for Civil Cases of the Belgorod Regional Court, consisting of:
presiding Motlokhova V.I.
judges Lyashchovskaya L.I., Efimova D.A.
with secretary B.
considered in open court a civil case on the claim of the public joint-stock company National Bank "TRUST" against K. for the collection of debt under a loan agreement
on appeal by K.
on the decision of the Stary Oskol City Court of the Belgorod Region dated April 3, 2017.
Having heard the report of Judge Efimova D.A., the judicial panel

installed:

PJSC National Bank "TRUST" filed a lawsuit against K. for the collection of debt under the loan agreement, indicating in support of the claims that, based on the defendant's application, on December 12, 2011, agreement No. 2035229517 was concluded between them and the bank, in accordance with which the defendant was opened bank account, payment card N was issued with a validity period of 36 months with an allowed overdraft limit of 23,299 rubles. subject to payment of 51.10% per annum for the use of credit funds. Referring to cases of untimely and insufficient payments made by the borrower to repay the debt and pay interest, the plaintiff asked to recover from K. a debt in the amount of 91,157.18 rubles, of which: 31,123.93 rubles. - the amount of the principal debt; 60033.25 rub. - interest for using the loan.
The plaintiff's representative did not appear at the court hearing and submitted a motion to consider the case in his absence.
Defendant K. did not admit the claim at the court hearing, referring to the fact that the plaintiff missed the limitation period, pointing out that the limitation period must be calculated from May 2013, since the bank received the last payment on April 10, 2013, they asked to apply the consequences of missing such a period.
By the decision of the Stary Oskol City Court of the Belgorod Region dated 04/03/2017, the debt under loan agreement No. 2035229517 in the amount of 91,157.18 rubles was recovered from K. in favor of PJSC National Bank "TRUST", as well as the cost of paying state duty in the amount of 2935 rubles.
In K.’s appeal, citing a violation by the court when making a decision of substantive law, the discrepancy between the court’s conclusions and the circumstances of the case, indicating that the court incorrectly calculated the statute of limitations, since he made the last payment on April 10, 2013, the plaintiff should have learned about the violation of his right in the period after May 2013, due to which at the time of going to court the statute of limitations on the demand for collection of the last payment had expired, he unreasonably rejected the petition to apply the consequences of its omission, asks the court’s decision to be canceled and a new decision to be made in the case to refuse to satisfy the requirements.
The parties, who were notified of the time and place of the court hearing in a timely and proper manner, did not appear at the appellate court, and were not informed of the reasons for their failure to appear.
Having checked the legality of the judicial act according to the rules of Parts 1 and 2 of Art. 327.1 of the Code of Civil Procedure of the Russian Federation, within the limits of the arguments set out in the appeal, in the absence of grounds for going beyond the given arguments, the judicial panel considers that the appealed judicial act on the basis of Art. 330 of the Code of Civil Procedure of the Russian Federation is subject to cancellation on the following grounds.
By virtue of the provisions of Part 1 of Art. 195, part 4 art. 198 of the Code of Civil Procedure of the Russian Federation and the explanations of the Plenum of the Supreme Court of the Russian Federation, set out in paragraphs 1 - 4 of Resolution No. 23 of December 19, 2003 “On the Judicial Decision”, the decision must be legal and justified, adopted in strict compliance with the norms of procedural law and in full in accordance with the rules of substantive law that are subject to application to a given legal relationship, when the facts relevant to the case are confirmed by relevant and admissible evidence examined by the court, or circumstances that do not require proof, and when the decision contains exhaustive conclusions of the court arising from the established facts.
The appealed judicial act does not fully comply with the above provisions of the law.
The court of first instance established and is not disputed by the parties that on October 25, 2011, between PJSC National Bank TRUST and K., based on the latter’s application, a loan agreement No. 01-276150 was concluded for a loan in the amount of 47,230.58 rubles. for a period of 38 months with the condition of repaying the loan in equal annuity payments. There is no dispute regarding the fulfillment of obligations under this loan agreement.
The same statement of the defendant (case file 15) contained a proposal to conclude a second agreement on the provision of an international settlement Bank card with an authorized overdraft limit on the terms specified in the application, as well as in the “Conditions for the provision and servicing of international settlement Bank cards with an authorized overdraft limit overdraft" (hereinafter referred to as the Card Conditions) and in the "Tariffs for the international settlement bank card of NB TRAS (OJSC) with a limit of the permitted overdraft" (hereinafter referred to as the Card Tariffs). Such Conditions and Tariffs are presented by the bank in the case materials (case sheets 14 - 27).
According to clause 2.1 of the Card Terms, such an agreement is considered concluded after the client receives a notification from the bank about the establishment of an overdraft limit from the moment the bank card is activated by the client. The parties took the corresponding actions on December 12, 2011.
K., from December 12, 2011, used credit funds provided by the Bank to pay for purchases and receive cash, as follows from the statement of the flow of funds on the card account (case sheets 9-11).
The circumstances of the conclusion by the parties of the second agreement, to which PJSC National Bank "TRUST" assigned N 2035229517, containing the conditions for the plaintiff to provide a loan in the form of an overdraft to K., are not disputed by the parties, confirmed by the evidence presented in the case materials
From the calculation presented by the plaintiff, at the time of going to court, K.’s debt on the principal debt amounted to 31,123.93 rubles, and on payment of interest for using the loan - 60,033.25 rubles.
According to the documents presented by the bank, the overdraft limit established by K. under agreement No. 2035229517 was 23,299 rubles. The plaintiff, despite presenting a demand for collection of the principal debt in the amount of 31,123.93 rubles, which exceeds the overdraft limit, does not refer to an increase in such a limit in the manner prescribed by the agreement and does not provide evidence of such an increase.
The interest rate for using credit funds according to the agreement is 0.14% per day, and when repaying the loan within a grace period of 55 days - 0%, which is reflected in the Tariffs for the card.
According to clause 5.10 of the Card Terms, loan repayment must be made by monthly payment of the minimum repayment amount during the payment period that follows the billing period (case sheet 24).
The concepts of “minimum repayment amount”, “billing period” and “payment period” are given in section 1 of the Card Terms and Conditions (case sheet 22 - 23).
According to the terms, the billing period is a monthly period, the beginning of which is determined by the date the card is activated by the client, and the end is determined by the previous date of the card activation day of the next month. Each subsequent billing period begins on the date following the end date of the previous billing period and ends on the day before the activation day of the next month.
The payment period is also the monthly period following the end date of the billing period.
The minimum repayment amount, as follows from this section, is equal to the lesser of two amounts, the first of which is the amount of debt, and the second is the greater of the following values: the amount of the minimum payment calculated in accordance with the Tariffs or the amount of excess debt, unpaid interest on the date of overdue payment , overdue principal and fees or the minimum amount of the minimum payment established by the tariffs.
In accordance with Art. 196 of the Civil Code of the Russian Federation, the general limitation period is established at three years.
For obligations with a certain period of performance, the limitation period begins at the end of the performance period (Clause 2 of Article 200 of the Civil Code of the Russian Federation).
When assessing the arguments of the complaint about the court’s incorrect application of the consequences of missing the statute of limitations, the judicial panel proceeds from the obligation of the borrower provided for in the contract by the parties to repay the debt by paying the minimum repayment amount during the payment period.
From the calculation of the debt compiled by the plaintiff based on the data reflected in the statement of the movement of funds on the card account, it follows that since 04/11/2013 K. has not fulfilled his credit obligations.
Since the overdraft is in the amount of RUB 29,094.93. arose on the defendant’s card no later than 04/11/2013, repayment of the debt and overdraft fees according to the Bank’s Terms should have been made no later than 05/13/2013; the limitation period for the obligation to return the overdraft and interest for using it begins from 05/14/2013. Therefore, the last day of the limitation period was 05/13/2016.
This statement of claim was filed with the court on 02/01/2017. Previously, the bank applied to the magistrate’s court with an application to issue a court order, namely on November 25, 2016, that is, also outside the limits established by Art. 196 and paragraph 2 of Art. 200 of the Civil Code of the Russian Federation.
As explained in para. 2 clause 26 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated 09.29.2015 N 43 “On some issues related to the application of the norms of the Civil Code of the Russian Federation on the limitation period”, according to clause 1 of Art. 207 of the Civil Code of the Russian Federation with the expiration of the limitation period for the main claim, the limitation period for additional claims is considered to have expired.
Thus, the statute of limitations on the claim for the collection of interest for using the overdraft on the day the statement of claim was filed also expired.
According to Art. 199 of the Civil Code of the Russian Federation, the expiration of the limitation period, the application of which is declared by a party to the dispute, is the basis for the court to make a decision to reject the claim. If it is established that a party to the case has missed the limitation period and there are no valid reasons for restoring this period for the plaintiff - an individual, then if there is an application from the appropriate person about the expiration of the limitation period, the court has the right to refuse to satisfy the claim only on these grounds, without investigation of other circumstances of the case (clause 15 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated September 29, 2015 N 43).
Since the plaintiff went to court over the limitation period, the application of which was declared by the defendant, and did not provide evidence of valid reasons for missing it, the stated claims should be denied.
Payments erroneously credited to K.’s account by the bank on November 20, 2014, January 27, 2015, February 25, 2015, March 25, 2015, and subsequently written off from this account, do not prove that the defendant committed actions indicating recognition of the debt, since these transactions were made in addition to his will, and do not affect the calculation of the limitation period.
For the same reasons, the calculation of the limitation period and the circumstances of the reflection in the personal account statement for the period from 12/12/2011 to 01/20/2017 of payment of fines on 12/25/2013 in the amounts of 390 rubles, 690 rubles, 890 rubles, do not affect the payment of fines on 12/25/2013 in the amounts of 390 rubles, 690 rubles, 890 rubles, since the bank independently wrote off these funds to pay off fees in violation of the terms of the tariff plan, including without receiving funds to a special card account (clause 10), providing the specified amounts on account of an overdraft in excess of the limit, while increasing such a limit in the manner established by the agreement The bank does not refer to and does not provide evidence of such an increase.
In civil law there is a presumption according to which participants in civil legal relations must exercise their rights in good faith and wisely, showing the necessary degree of care and prudence (Article 401 of the Civil Code of the Russian Federation), and not allow abuse of rights (Article 10 of the Civil Code of the Russian Federation). In practical terms, this means that the burden of the negative consequences of the fact that the copyright holder did not use the right properly is borne by him.
Under such circumstances, the court decision is subject to cancellation with the adoption of a new decision to refuse to satisfy the claim of PJSC National Bank "TRUST" against K. for the collection of debt under the loan agreement.
Guided by Art. Art. 328 - 330 Code of Civil Procedure of the Russian Federation, judicial panel

1. In 2013, I took out a credit card from TRUST Bank for 50 thousand rubles, used it for a while, then completely repaid the debt. After this, the bank unilaterally increased the limit to 100 thousand rubles.
I continued to use the card, but in 2014 I stopped paying the debt due to a difficult financial situation, which I immediately informed the bank about and asked to go to court to collect the debt in the amount of the credit card limit and reasonable interest, fines and penalties. No action was taken from the bank for 4 years. In 2018, the bank filed a lawsuit for a small part of the amount of debt in the amount
15841.44 rubles, about which there is a court decision and enforcement proceedings. In 2019, the bank transferred the debt to a third-party organization SFO Accord Finance in the amount of 352,416.52 rubles (104,800.59 rubles of principal and 247,615.93 rubles of interest). In connection with the above, I ask you to advise me on the possibility of writing off the debt.

Law firm LLC "Helios", 12588 answers, 7097 reviews, on the site from 03/01/2019
1.1. Hello. Any selected lawyer on the site will be happy to advise you. Contact us in private messages.

Lawyer Akimova A.G., 14636 answers, 6815 reviews, on the site from 07/22/2016
1.2. The debt can be written off from you only by a court decision. This is their right to collect for the entire period when you did not pay off the debt and interest.
At the same time, the law has a preemptive period for collection - 3 years (statute of limitations). You must personally declare the application of the limitation period in court.
But the claimant can go to court not with a statement of claim, but with an application for the issuance of a court order. The magistrate will make an order. Having received the order (copy), immediately write to the magistrate an application to cancel it due to the fact that the claimant has exceeded the limitation period. And the case will move to the stage of litigation. There you will declare the application of the statute of limitations.

2. A loan was taken out from the trust bank on 08/30/13 for three years, expiration date 08/31/2016.
During the first 13 months I regularly repaid the loan. Then I couldn't.
The last payment on the loan was 10/30/14.
On April 26, 2016, the bank filed a lawsuit and recovered only part of the loan from me.
The court decision came into force on August 16, 2016.
Until March 31, 2019, 30% of the pension was forcibly collected.
Then the collection stopped, although there were 7 months left to pay.
The bank transferred the rights of claim to Express Credit LLC, which filed a lawsuit to take over part of the unpaid debt by court decision.
However, the debt to the bank under the writ of execution is 15,000 rubles, and the right of claim is 81,445 rubles (indicated in the appendix to the assignment agreement).
Is it possible to invalidate the assignment agreement?
Has my loan expired?

2.2. There are no grounds for declaring the contract invalid (Articles 166-181 of the Civil Code of the Russian Federation): this does not follow from the question, and the creditor met the limitation period, because there is already a court decision (Article 196 of the Civil Code of the Russian Federation). The statute of limitations applies when the creditor goes to court. It follows from the question that this stage has already been passed. The court decision came into force on August 16, 2016. The bank recovered at that time what it could recover according to its contractual obligations.

The right of claim was calculated taking into account accrued interest and penalties. If the new creditor goes to court, you have the right to file a petition to reduce the penalty and penalties due to their disproportion to the violated obligation with reference to Article 333 of the Civil Code of the Russian Federation, and since If we are talking about the collection of interest and fines, most likely (the principal debt was collected by a court decision that has entered into force), then the statute of limitations has not expired.

2.3. Victor, hello!
Let's go in order.
Firstly, unconditional is the possibility of invalidating the contract.
In this case, we must be guided by the following.
Provisions of Art. 10 of the Civil Code of the Russian Federation contain a ban on abuse of rights in any form.
According to paragraph 2 of Art. 168 of the Civil Code of the Russian Federation A transaction that violates the requirements of a law or other legal act and at the same time encroaches on public interests or the rights and legally protected interests of third parties is void unless it follows from the law that such a transaction is contestable or other consequences of the violation not related to invalidity of the transaction.

A demand for the application of the consequences of the invalidity of a void transaction has the right to be submitted by a party to the transaction, and in cases provided for by law, also by another person. The requirement to recognize a void transaction as invalid, regardless of the application of the consequences of its invalidity, can be satisfied if the person making such a demand has a legally protected interest in recognizing this transaction as invalid (clause 3 of Article 166 of the Civil Code of the Russian Federation).
Secondly, The statute of limitations may also apply.
To do this, you need to use these rules of law.
According to paragraph 17 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated No. 43 “On some issues related to the application of the norms of the Civil Code of the Russian Federation on the limitation period”, by virtue of paragraph 1 of Article 204 of the Civil Code of the Russian Federation, the limitation period does not run from the moment of applying for judicial protection, including from the date of filing an application for a court order or applying to an arbitration court, if such an application was accepted for proceedings. The day of application to the court is considered the day when the statement of claim is submitted to the postal service organization or submitted directly to the court, including by filling out in the prescribed manner a form posted on the official website of the court on the Internet. The provision of paragraph 1 of Article 204 of the Civil Code of the Russian Federation does not apply if the court refuses to accept the application or the application is returned, including due to non-compliance with the rules on the form and content of the application, on payment of the state duty, as well as other requirements provided for by the Civil Procedure Code of the Russian Federation and the Arbitration Procedure Code of the Russian Federation. In case of timely fulfillment by the plaintiff of the requirements set out in the judge’s ruling on leaving the statement of claim without progress, as well as in the event of cancellation of the ruling on refusal to accept or return the statement of claim, on refusal to accept or return the application for the issuance of a court order, such application is considered filed on the day of the initial appeal from which the statute of limitations does not run.

In accordance with clause 6 of the above-mentioned Plenum of the Supreme Court of the Russian Federation, within the meaning of Article 201 of the Civil Code of the Russian Federation, the transfer of rights in the order of universal or singular succession (inheritance, reorganization of a legal entity, transfer of ownership of a thing, assignment of the right of claim, etc.), as well as transfer the powers of one body of public legal entity to another body do not affect the beginning of the limitation period and the procedure for its calculation.

In this case, the limitation period begins to run in the manner established by Article 200 of the Civil Code of the Russian Federation, from the day when the original owner of the right learned or should have learned about the violation of his right and who is the proper defendant in the claim for the protection of this right.

I hope my answer helped you! Thank you!
I urge you not to trust a beggar who will beg in private messages. He does this well. But answering right away is not very good.

2.4. You don't need to invalidate it. Your obligation has already been established by a judicial act that has entered into legal force.
According to Part 2 of Art. 13 of the Code of Civil Procedure of the Russian Federation, court decisions that have entered into legal force, as well as legal orders, demands, instructions, summonses and appeals from courts are mandatory for all state authorities, local governments, public associations, officials, citizens, organizations without exception and are subject to strict execution throughout the Russian Federation.

4. I would like to ask what to do in the following situation.
In 2012, I took out a credit card from Trust Bank. In 2013, after restructuring and credit holidays, I paid faster than expected and closed the loan. In 2015, apparently there was an unpaid debt in the amount of 10,500 rubles, I paid it through Spanish. sheet. In 2018, Bank Trust sued me again and demanded payment in the amount of 286,000 rubles, instead of 158,000 rubles 6 years after everything previously listed. When filing a counter-objection to the court, my father, being a trustee, did not appear in court the second time. And by filing a complaint with the regional court, I accordingly lose the case. And I am ordered to pay the entire amount of 286,000 rubles. Bank. The deadline has passed and I don’t know what I can do now.

Lawyer Shemyakin D.V., 5798 answers, 3922 reviews, on the site from 03/05/2018
4.1. Nothing.
In your objections, it was enough to state the statute of limitations and ask to consider the case without your participation.
It is useless to file a cassation appeal.

Lawyer Novikova D. D., 301 answers, 231 reviews, on the site from 08/05/2019
4.2. Are the deadlines for cassation also expired? If so, then just pay (in order to avoid the application of enforcement measures, you can apply to the court for payment in installments in the manner
203 gpk).

4.3. Now it’s okay, you’ve ruined everything you could. You need to come to lawyers before the trial or at least during it in order to competently defend yourself and do something. You yourself decided to act, received the claim in full, although due to the circumstances of the case, in theory, they could have denied the cavity altogether, only the objections had to be written correctly. You didn’t even have to hire a lawyer for the court, just to write objections and give them to you. It costs 2-3 thousand at most. We saved, now we owe 286,000. Your right. Now it’s too late to twitch when two instances have been lost, that’s all. Lawyers are not magicians.

"How to win a lawsuit against a bank over a loan - a case for 5.6 million rubles."

"How to cancel a court decision in a case of debt collection under a loan agreement"

With respect, lawyer in Volgograd - Stepanov Vadim Igorevich.

26. Briefly, the situation is this: in 2011, my passport was stolen and the attackers used it to obtain loans from three banks.
Not long ago, one of the loans from the Trust Bank was bought by the first collection bureau. I talked to them and explained the situation. They told me to send them all the documents related to the passport theft. My question is what they can do in the legal field - if they go to court where it can take place, and whether it will turn out that without me the court will order to pay not my debt. (there has already been such a precedent... by the way, the trust bank sued for some reason for part of the debt and the court ordered it to be paid without me) What should I do in this situation. Thank you!

Lawyer Sadykov I.F., 49431 answers, 26528 reviews, on the site from 10/11/2017
26.1. You can file a claim with the court to declare the contract not concluded based on the materials of the police check based on your report of a crime. And if they themselves file a lawsuit in court, then declare the application of the limitation period (Articles 196, 199 of the Civil Code of the Russian Federation). But first the court order will need to be canceled.

Lawyer Vasiliev A. A., 647 answers, 490 reviews, on the site from 06/21/2018
26.2. Mikhail, hello!
If, without you, a court decision was made (will take place) to collect debt under an agreement that you did not actually enter into (did not sign), then it is necessary to appeal such a court decision. If the deadline for appeal has expired, submit an application to restore the procedural deadline along with the complaint.
During the trial of the case, the fact that you did not sign the agreement can be established as a result of an examination.
Warning (in pursuance of the Rules approved by the Federal Law Enforcement Administration of the Russian Federation (protocol dated September 28, 2016 No. 7)) – the legal information provided above does not constitute legal advice.
Each case has its own nuances. To successfully resolve a difficult situation, seek legal advice, drafting documents, and representing your interests in courts from a lawyer.

27. In 2013, I took out a loan from the Ural Bank for Reconstruction, 100,000, but did not pay! No one has called or written for 3 years. Yesterday they called from the court, Trust LLC sued me for 201,000! This is a debt reseller! I received a certificate from the Bank that I do not owe them anything, it states that the loan was closed on December 26, 2016! What to do?

Lawyer Lisimenko Yu.I., 1482 answers, 479 reviews, on the site from 06/24/2013
27.1. Go to court and prove that you don’t owe anyone anything.
So there are no options.

Lawyer Zakharova I.A., 2870 answers, 2054 reviews, on the site from 07/17/2018
27.2. Hello, Natalya Vyacheslavovna. Provide this certificate to the court.

Lawyer Baranov M.A., 7944 answers, 3761 reviews, on the site since November 27, 2009
27.3. Uv. Natalya Vyacheslavovna, first you need to familiarize yourself with the claim and the attached documents, i.e. establish whether there was a transfer of the right of claim (whether an assignment agreement was concluded). I recommend that you take the available documents and contact a lawyer in your city for a face-to-face consultation.

Lawyer Voronchikhin D. A., 7230 answers, 4632 reviews, on the site from 11/14/2018
27.5. It’s not clear how this happened, you yourself say that you didn’t pay the loan, but the bank gave you a certificate that they don’t owe him anything, how can that be? Have you repaid the debt? The bank probably gave you a certificate that it assigned the debt to other persons, it could have done this, it doesn’t mean that your debt is gone, it’s just that you don’t owe it to the bank, you need to look at all your documents and think about what to do, you understand something wrong, in court If you do everything wrong, it will be too late, show the documents to a lawyer.

Lawyer Moskvichev A.V., 2994 answers, 1649 reviews, on the site since 02/28/2016
27.6. Natalya Vyacheslavovna, hello,
In addition to all of the above, the creditor has also missed the statute of limitations.
Therefore, feel free to go to court, present a certificate from the bank, declare that the statute of limitations has passed, and then live in peace.

28. The court made a decision to recover from Trust Bank the funds written off from my pension according to the canceled court order (the agreement with the bank was drawn up in St. Petersburg, the claim was filed in the Central District, the bailiff of the Vyborg district, where I lived, was now living in the Leningrad region, and bank in Nizhny Novgorod), I requested execution. The sheet is in court, but where should it be sent - to Nizhny Novgorod or are there other options, please tell me?

Lawyer Kalinina T. A., 323 replies, 222 reviews, on the site since November 22, 2018
28.1. The writ of execution is sent to the location of the debtor - in your case, the bank.

29. In February 2013, I took out a credit card from Trust Bank (card expiration date until 2018). Until May 2013, I made payments every month. Then I couldn’t deposit it. I have not received any letters from the bank regarding debt repayment. In June 2014, the bank filed a lawsuit in the district court and won. A decision was made to collect the amount of debt and interest in September 2014. But there was no further action on the part of the bank. The case in court went into the archives. But in June 2018, the bank again filed a lawsuit only in the magistrate’s court to recover the amount of debt on interest for the period from May 2013 to July 2013. Is it possible to find out if the statute of limitations has expired? Can I challenge a claim in court based on the statute of limitations?

Lawyer Sadykov I.F., 49431 answers, 26528 reviews, on the site from 10/11/2017
29.1. You can. In this case, the statute of limitations has expired (Article 196 of the Civil Code of the Russian Federation). Declare the application of the limitation period in writing (Article 199 of the Civil Code of the Russian Federation), because The limitation period is declarative in nature.

P.S. Thank you in advance for your feedback below!

Lawyer Nikitina Yu. V., 6925 answers, 4245 reviews, on the site from 05/28/2017
29.2. Hello, Ivan!
Yes, the limitation period in accordance with Art. 196 of the Civil Code of the Russian Federation has expired
The bank could have presented this interest when it filed the first statement of claim.

Lawyer Voronchikhin D. A., 7230 answers, 4632 reviews, on the site from 11/14/2018
29.3. During this period, the statute of limitations expired. But this had to be stated in court. You were there? What kind of judicial act did you have there? Order or court decision?

30. Please, when does the statute of limitations begin? The situation is as follows: on July 23, 2014, I took out a loan from TRUST Bank, at that time I already had a mortgage and a loan from Sberbank. After four months, my financial situation had deteriorated significantly and I stopped paying all my loans. In April 2015, Sberbank gave me a restructuring of its loans and the payment amount increased. And Trust Bank started calling me and threatening me, then I found out that Trust Bank had received a court order to collect from me the interest accrued at that time, I found out about this when some pennies were written off from the Sberbank accounts and the card went to minus 30,000, the bailiff to whom I came to find out what kind of order he said that the order came into force once the money was written off, he gave me the papers to sign and sent me to pay. Since then, the pennies remaining after paying the mortgage are sometimes written off from Sberbank accounts. In this regard, the question is, if I also pay off the court order for this interest in small payments, will the Trust be able to sue me for the amount of the principal debt, since I stopped paying the loan at the end of 2014? And how is the statute of limitations calculated in this case?

Lawyer Kalashnikov V.V., 188666 answers, 61684 reviews, on the site since 09/20/2013
30.3. The statute of limitations is calculated for each payment, and not from the moment of the last payment. Based on Art. 196, 199 of the Civil Code of the Russian Federation, it must be declared in court. It is three years.
If they stopped paying at 14, then you need to look at the dates of payments. Just because they stopped paying 4 years ago does not mean that the term has expired.

Lawyer Sadykov I.F., 49431 answers, 26528 reviews, on the site from 10/11/2017
30.4. The limitation period provided for in Article 196 of the Civil Code of the Russian Federation is calculated from each payment. The fact of payment under a court order does not restore the statute of limitations, since you are executing a court order to collect the debt.

Lawyer Bulatova I.D., 28383 answers, 10010 reviews, on the site from 03/03/2015
30.5. The limitation period applies provided that the bank did not go to court...
But in your case, there is a court order that you have not appealed... That is, the statute of limitations does not apply.

You only have a chance to cancel the order, which, by virtue of Article 129 of the Code of Civil Procedure of the Russian Federation was not appealed within the specified period.
The judge cancels the court order if the debtor raises objections regarding its execution within the prescribed period.

Lawyer Krauter V.N., 10718 answers, 4009 reviews, on the site from 12/09/2015
30.6. Hello, Alexander Yurievich!
The statute of limitations, which is 3 years, has expired in your case, so if you go to court, you should declare the application of the limitation period and the bank will be denied the claim. The statute of limitations is calculated from the date of your last loan payment.
(Article 196 of the Civil Code of the Russian Federation)

According to numerous statistics, the level of debt among the population is quite high. Many of us have a valid loan agreement, and often more than one. Not all loan agreements are concluded in strict accordance with current legislation. This means that consideration of disputes in the field of consumer lending by courts of various levels is very common. Let us immediately note that at the moment, on most controversial issues under loan agreements, judicial practice has developed in favor of the borrower. Therefore, it is worth considering the main situations when a positive court decision for the borrower is guaranteed in most cases.

Refund of insurance premium

Almost all banks, when concluding a loan agreement, arrange insurance for the borrower. This may be insurance in case of death or disability of the borrower, or loss of his job. The borrower has the right to refuse insurance, but, as practice shows, in reality this happens extremely rarely. Meanwhile, the borrower has the right to terminate the insurance contract throughout its duration. In addition, if the borrower proves that the conclusion of an insurance contract conditioned the issuance of a loan, then he has the right to demand that this insurance contract be declared invalid. This can only be done in court. To consider the case, the borrower must submit a loan agreement and an insurance agreement drawn up along with the loan agreement. If there is a relationship between these two documents, for example, the loan agreement states that one of the conditions for issuing a loan is the registration of insurance, then the court will recognize this provision of the agreement as contrary to the law and will decide to return the amount of the insurance premium to the borrower. By the way, recently there has been a tendency for courts to force banks not only to return the amount of the insurance premium to the borrower, but also to recalculate the total amount of debt under the loan agreement, taking into account the reduction in the loan amount. For example, citizen V. filed a claim against Bank S. The plaintiff demanded that his consent to join the collective insurance agreement be invalidated and that the insurance premium be returned in the amount of 15% of the loan amount. As follows from the text of the loan agreement, the loan is issued to the borrower only after signing an agreement to join the collective insurance agreement. The court found this demand of the credit organization illegal and decided to satisfy the plaintiff’s demands.

Refund of commissions

The Federal Law “On Consumer Credit” clearly outlines all the requirements for credit institutions when issuing loans to individuals. This law also determined that banks do not have the right to charge the borrower any fees other than interest for using credit funds. However, there are often situations when a bank charges a certain commission for opening and maintaining a loan account, accepting payments under a loan agreement, or early closure of a consumer lending agreement. All these types of additional payments are illegal and the borrower has the right to demand the bank to return the funds paid by him as such commission payments. Experience shows that banks rarely voluntarily satisfy such requirements. Judicial practice in such cases is clearly in favor of the borrower. For the court, it is enough to present the loan agreement, payment receipts indicating the amounts of commissions paid. In the statement of claim, it is advisable to indicate all the detailed information on the loan agreement, the procedure for its execution by the borrower, and also provide a link to the legal norms that were violated by the credit institution.

Example from practice. Citizen D. filed a statement of claim against Bank S., in which she demanded the return of the commission for opening a loan account and the commission for making monthly payments under the loan agreement. As evidence, the plaintiff presented a loan agreement, which stated that the bank takes one percent of the loan amount from the borrower for opening a loan account, as well as receipts, which indicated that a fee of 100 rubles was charged for accepting a monthly payment. A bank representative explained that opening a loan account and accepting cash are additional services provided for a fee. However, the court indicated that the borrower did not ask to open a loan account for him, and therefore did not need this service. Therefore, it is imposed on the client. Accepting payments under a loan agreement is not a separate service, since the borrower must be able to repay his debt due to the fact that he pays for the bank’s services in providing a loan in the form of interest under the loan agreement. Charging additional payments in this case is unacceptable. The court made a decision to recover in favor of the plaintiff the amount of the commission for opening a loan account, accepting monthly payments under the loan agreement, as well as interest for the use of funds.

Advice: When going to court to demand the return of commissions on loan agreements, you should remember the statute of limitations is three years. This period must be calculated from the moment of actual deduction or payment of the commission.

Decisions in favor of the borrower in case of bank requirements

However, positive decisions in favor of the borrower are made not only in those cases where he acts as a plaintiff. There are often situations when, when considering cases of debt collection on loans, the court makes a decision in favor of the bank, but at the same time significantly reduces the amount of claims, thereby significantly facilitating the situation of the borrower. For example, the court may recalculate the amount of penalties and fines assessed by a credit institution for overdue debt. The bank may be asked to restructure the debt or develop a debt repayment schedule convenient for the borrower. Often the court grants an installment plan for the execution of the decision in favor of the bank, especially in cases where the bank does not make concessions to the borrower.

It is important to note that for such a court position, the behavior of the borrower himself is extremely important. If the debtor does not shy away from participating in the trial, provides all the information about the circumstances of the delay under the loan agreement, and does not refuse to repay it, then the likelihood that the court will make a decision acceptable to the borrower is very high. By the way, the opinion that the more loans, the less chance that the court will make concessions on debt repayment is wrong. For the court, the terms of these loans and the circumstances of the delay are much more important. And if the borrower does not belong to the category of unscrupulous citizens, then the court will always take a position to protect his interests, regardless of the requirements of the credit institution.

Example from practice. Bank X. filed a claim against citizen T. According to the statement of claim, T. had overdue debt on one loan for eight months, and on the second for six months. In addition, the plaintiff presented an extract from the credit history bureau, according to which T. has three more loans, the overdue amount of which ranges from two to six months. T. informed the court that the first loan agreement was drawn up by her for the treatment of her young daughter. After that, she took out loans to repay the previous ones, the delay was due to her difficult financial situation: she is raising a disabled minor child, she works in two places, but the salary is minimal. The court, having studied all the materials in the case, made a decision to reduce penalties for overdue loans by seventy percent, and for the bank to provide the defendant with new payment schedules for each loan agreement, taking into account the objective capabilities of the borrower. At the same time, the bank obliged the borrower to adhere to the new payment schedules under the loan agreements.

1. In 2012, I took out a loan from Trust Bank OJSC, paid it monthly for 2 years, then lost my job and fell into debt. In 2014, a court decision satisfied the requirements of Trust Bank OJSC. Currently, the bailiffs have a writ of execution, but I do not work and do not make any payments. The other day, a subpoena was received for the above-described case in connection with the new legal successor of Trust Bank PJSC, Trust LLC. Do I have the right not to repay the loan to Trust LLC if I have not entered into any agreements with PJSC or Trust LLC, I have a loan agreement with NB Trust OJSC in my hands! And what about the statute of limitations? Or if the proceedings are carried out by the bailiffs, then the deadlines are not violated? What to do in this situation? There is really nothing to pay!

Lawyer Gushkina Z.M., 15590 answers, 5858 reviews, on the site since 10/20/2008
1.1. Good afternoon
In your case, the statute of limitations does not apply, since the enforcement proceedings have not been terminated.
The right of claim of the bank arose in the order of universal succession.
If the amount is more than 500,000 rubles, you can apply to the arbitration court to declare you bankrupt.

2. Consequences of failure to appear in court on this notice: NOTICE
The magistrate of court district No. notifies you of the consideration of the application of Express-Credit LLC for procedural succession in a civil case regarding the claim of National Bank TRUST OJSC against the full name for debt under a loan agreement.
I ask you to appear in person or ensure that your representatives appear at the court hearing.
I personally cannot appear due to the remoteness of the court, lack of funds for the trip, I do not have representatives, and the statute of limitations against TRUST Bank has long expired. What should I do in this case, my actions?

Lawyer Salnikov A. A., 4456 answers, 2909 reviews, on the site since November 30, 2015
2.1. You don't have to do anything. Procedural succession does not solve anything. But when considering the claim on its merits, it is necessary to be present.

Lawyer Zlotnikova L. G., 13390 answers, 7476 reviews, on the site from 04/08/2017
2.2. Hello.
Prepare written objections to the claim, be sure to refer to the expiration of the statute of limitations, Articles 196-200 of the Civil Code of the Russian Federation, attach a petition to consider the case in your absence, indicate good reasons in it.

3. Such a question. In 2015, the court of Astrakhan made a decision to satisfy the claim of Trust Bank (on a credit card). Paid the court. to the bailiffs. There is still a balance of 96 thousand. Today I received a letter from the court, notifying me that on 08/02/19 there will be a trial, according to the application of Phoenix LLC for procedural succession in a civil case regarding the claim of NB Trust against me for debt collection.
What’s most surprising is that the amount under the credit card agreement has already increased.
Please tell me what to do. Initially, the amount was 235 thousand (which I paid 3 thousand a month)... and now they write 286 thousand. I personally cannot pay that much. There is no strength anymore.

Lawyer Kiseleva O.G., 4592 replies, 2087 reviews, on the site since 10.29.2013
3.1. Hello Albina!
The declared debt can be completely written off by declaring the assignment of rights agreement invalid, and the amount of the debt can also be challenged.

4. I paid a loan to Trust Bank, now there are some problems with it and the Bank assigned my debt to Otkritie Bank (according to their words). I found out this when my payment was returned after 3 weeks (I pay through an online payment system). I called the Trust, then they told me about it. After some time, a letter came from Trust Bank about the assignment. The letter arrived in a copy, on a plain sheet of paper (in the corner there is an unprinted Trust Bank. I can create one like that too). There is no stamp. I heard that there must be an original with a blue seal. A day later, I received an SMS, supposedly from Otkritie Bank, where they write that now I have to pay them using the specified details. And they indicated the payment amount, I think with interest for the month whose payment was returned. Can I have the right to request from them documents confirming the assignment to make sure whether the transaction took place? And also a loan agreement, because I didn’t sign it (I have a credit card, they gave it to me in the store after I paid the loan for household appliances in good faith). Until I receive the documents, can I not pay the new creditor, and will there be fines? Payments to Trust Bank do not go through. The money is withdrawn and returned immediately. Thank you.

Lawyer Makarenko O.N., 4648 answers, 3057 reviews, on the site from 06/08/2016
4.1. You have the right to request documents. But the loan must be repaid, otherwise penalties will accrue.

On the official website of the Central Bank there is a general license for Bank "Trust" (PJSC)
Moscow, for banking operations No. 3279 dated August 26, 2015.
Question: loan agreements and loans issued by Trust Bank (PJSC) to individuals in the period before the issuance of this license, i.e. until August 26, 2015 are valid? And the general license does not indicate the type of activity for issuing loans? Read answers (2)

5. In June 2014, I took out a consumer loan (2 contracts for 100 and 80 tons separately) from the opening bank, I paid the first installments, then I didn’t pay for about six months, then I put 20 tons on each loan, then in January 2018 I put 30 on one of the loans. t in the end.. In 2016 there was a court where they were ordered to pay the amount without interest. Now I made a request to the bank and was informed that the loans were closed and there were no open ones for me. 2 days ago I received a letter from the trust campaign notifying that the bank handed over the agreement to them and they are renewing the dripping interest as stated in the terms of the agreement (70 tr at the moment with state duty and penalties, net loan 63,000) and the second loan agreement was bought by RSK (33800 debt) I called them and they said to pay the first required amount of 5000 rubles and then they will arrange an installment plan. What to do?

Lawyer Plyasunov K.A., 145,007 answers, 35,783 reviews, on the site since 02/26/2013
5.1. Hello.
You need to look at the calculations.

If you find it difficult to formulate a question, call the toll-free multi-line phone 8 800 505-91-11 , a lawyer will help you

6. On May 6, 2019, I was in court and asked to postpone the consideration of the case for several days in connection with familiarization with the case, since I received a court notice on May 4, 2019, applicant NAO First Collection Bureau on procedural succession in civil case number 2-1584/ 14-2016 on the application of PJSC Bank (TRUST) to O.V. Goncharova for the issuance of a court order to collect debt under the loan agreement. The court order on August 19, 2016 in favor of PJSC Bank (TRUST) passed without me, I didn’t even know until May 4, 2019. Can I cancel the court order under Article 128; Art. 129 tomorrow in court and how to do it?

Lawyer Koporulina A. A., 408 answers, 282 reviews, on the site from 04/05/2018
6.1. Oksana Vasilievna, good afternoon. Order proceedings do not imply the participation of the parties. If you do not agree with the court order, you can cancel it. There is no need for special reasons for this. You can indicate that you do not agree with the calculation. To cancel, you need to write an application to the magistrate. If the deadline for filing such an application has been missed, you must additionally write a petition to restore the deadline for filing the application, describing the reasons for the missed date.

7. In 2014, I took out a loan from Trust Bank, paid it all this time, in August 2018 I put the amount towards early repayment of the loan, but as it turned out later, I had to write an application either 30 or 55 working days in advance so that this money is written off as early repayment. Bottom line: I didn’t write any statements, since there is no office in my region, and I didn’t write a statement and have it certified by a notary, I think I’ll just report the required amount of money when the last payment is due, and that’s all. So I would have lived peacefully until August 2019, if at the end of April Otkritie Bank had not started to bother me, claiming that I had an overdue debt there. It turns out that Trust Bank sold all the loans to Otkritie Bank, no one notified me about this, so it turns out that I have money in my account at Trust Bank, but for some reason I have to pay Otkritie my money again, and in order to get that money back , which I have in Trust, I must contact the office of Otkritie Bank, write an application to transfer the balance of my funds to an account in Otkritie Bank, and then Otkritie will return the overpayment to me. Moreover, my application will be considered, attention!, 55 working days! That is, in fact, before the expiration of my loan agreement, my application may not have time to be processed, and then, as I understand it, my money was lost. I’m not going to pay anything to this bank, but the employees of Otkrytie Bank claim that they will go to court against me, although I don’t understand what documents they will go there with. Gentlemen, lawyers, please be so kind as to explain to me what exactly Otkritie Bank has the right to, and what will happen to me for refusing to pay?

Lawyer Saurov E. O., 4515 answers, 2331 reviews, on the site from 10/08/2017
7.1. Legal situations are studied individually by lawyers if an order is made. No one will even read your footcloth!

8. I took out a loan (credit card) from Trust Bank in 2011.
Pay on time, but several times came up with overdue debt. I repaid the loan in full in 2015. And no one bothered me for 3.5 years. But a week ago they called me from FASP - Financial Payment Collection Agency and demanded to return the debt, which I fully repaid and I consider this a mistake by an employee of Bank Trust, possibly due to its Sanitation in 2015. FASP stated that they bought my “Debt” without providing me with any written confirmation of the assignment of my contract to a third party.
I contacted TRUST Bank via the hotline and asked the appeals department to prepare a statement of funds under my agreement.
Due to the age of my last payment to Bank Trust, I did not save the receipt for the loss of the entire amount.
Tell me what my next steps should be in this matter.

Sincerely, Victor!

Lawyer Karavaitseva E.A., 57763 answers, 27411 reviews, on the site from 03/01/2012
8.1. Keep all documents in case of legal dispute. There are no grounds for other actions yet.

I opened cards in 2016 at Trust Bank. A few months later it closed. Now I have received letters that I must pay under the loan agreement, that these agreements have been transferred to the collection company (Phoenix). I would like to know if I have to pay for them? And they don’t tell me what amount, just the contract number to which I must transfer the money. Thank you very much for the answer. Read answers (1)

9. I have a credit card from Trust Bank. All of its offices and branches in our city have closed. Payments stopped using the details. Then I found out that the bank had been deprived of its license. It was not possible to pay the minimum payment. Then the opening bank called me and said that the bank was transferring all contracts to their management. I asked to show documents where this was legally confirmed, but they made an excuse by saying that everything was supposedly still at the approval stage. Then I did not pay because there is no evidence that the bank transferred my loan to another bank. Now they called my relatives from FASP about the debt to Otkritie. But I never received a written notification about the transfer of debt, nor any calls from the bank itself. They left their phone number, and I don’t know whether it’s worth calling there at all, or what to do in this situation. I don’t plan to run away from my loan obligations, but I also don’t want to pay someone unknown. Please tell me the solution.

Lawyer Sadykov I.F., 49435 answers, 26528 reviews, on the site from 10/11/2017
9.1. Wait for the original documents, because... if there was a fact of assignment of the right of claim (Article 388 of the Civil Code of the Russian Federation), then you should have been notified about this, and until then you should have made payment to the original creditor.

Lawyer Isaev R.S., 18640 answers, 8148 reviews, on the site from 03/04/2016
9.2. Hello, in this case you need to look, if there was no court decision against you, then do not pay, according to Article 333 of the Civil Code of the Russian Federation, you can reduce fines and penalties in court.

Lawyer Parfenov V.N., 140941 answers, 61229 reviews, on the site since 05/23/2013
9.3. It is in your interests that it becomes clear as quickly as possible where exactly you should pay for the loan stst 807-808 819 of the Civil Code of the Russian Federation. Therefore, of course, it makes sense to call FASP yourself to find out everything in detail.

Lawyer M. A. Falyaev, 217 answers, 168 reviews, on the site from 02/06/2019
9.4. Article 382 of the Civil Code of the Russian Federation establishes that the assignment of the right to claim debt is transferred in accordance with the assignment agreement and does not require the obligatory consent of the debtor, unless otherwise provided by law or agreement. It turns out that, as a general rule, the debtor’s consent is not necessary in principle.
If the parties entered into an agreement before the Federal Law “On Personal Data” came into force, the rights of the creditor are sharply limited, and he will need the consent of the debtor. In addition, the practice of the highest courts, namely the Resolution of the Plenum of the Supreme Court dated June 28, 2012 No. 17, establishes that the bank does not have the right to assign debt to persons who do not have the appropriate license.
The conclusion is simple - if the agreement was concluded before July 1, 2014, then such a transfer is illegal without the consent of the debtor.
The debtor's position changes somewhat after this date. Federal Law “On consumer credit (loan)”. After this law comes into force, the creditor has the opportunity to enter into an assignment agreement without the direct consent of the debtor.
But no one has canceled the obligation to notify, so in your case, if you are sued for debt collection, you can always refer to failure to notify and reduce penalties. (the norms of Article 388 of the Civil Code of the Russian Federation must be observed)

9.5. You don't have to pay anyone. If an application for a court order is filed against you in the magistrate’s court, you will need to receive it and, within 10 days from the date of receipt, file your objections to cancel it, and after the judge cancels the court order, he will issue determination and explain to the collector the right to file a claim against you to collect the amount of the debt. Upon receipt of a subpoena and a copy of the statement of claim, you should write your response to it, and if the statute of limitations has expired, which is 3 years from the date of the last loan payment, you can tell the court that the court should apply the statute of limitations in such a case. In this case, the court will generally refuse to satisfy the claim.
Code of Civil Procedure of the Russian Federation Article 129. Cancellation of a court order

The judge cancels the court order if the debtor raises objections regarding its execution within the prescribed period. In the ruling on the cancellation of the court order, the judge explains to the claimant that the stated claim can be presented by him in the manner of claim proceedings. Copies of the court ruling to cancel the court order are sent to the parties no later than three days after the day it was issued.
Civil Code of the Russian Federation Article 199. Application of the limitation period

1. A claim for the protection of a violated right is accepted for consideration by the court regardless of the expiration of the limitation period.
2. The limitation period is applied by the court only upon the application of a party to the dispute made before the court makes a decision.
The expiration of the limitation period, the application of which is declared by a party to the dispute, is the basis for the court to make a decision to reject the claim.
3. Unilateral actions aimed at exercising the right (offset, direct write-off of funds, extrajudicial foreclosure of pledged property, etc.), the statute of limitations for the protection of which has expired, are not allowed.
(Clause 3 introduced by Federal Law dated 05/07/2013 N 100-FZ)

Lawyer Moiseev V.N., 50590 answers, 19831 reviews, on the site from 07/10/2009
9.6. Dear Svetlana, Omsk!
The assignment of Rights DEBT CLAIMS by the Bank in favor of the so-called Third Parties could be made only after the written sending to you of the NOTICE “On the assignment of the right of claim” together with the ORIGINAL AGREEMENT for the assignment of the right of claim with original signatures and “wet” (authentic) seals, written notification to you of the assignment. debt (Article 824 of the Civil Code of the Russian Federation)!
Thus, if you did NOT receive from the Lender the original Agreement for the assignment of the right of claim, this means that there was NO assignment of the right of claim in favor of third parties.

Therefore, in this case, you can NOT pay ANY attention to the so-called third parties.

Good luck to you Vladimir Nikolaevich
Ufa 04/08/2019

Lawyer Ikaeva M.N., 14628 answers, 6698 reviews, on the site since 03/17/2011
9.7. Write a written complaint to the bank, demand a document confirming their right to claim the debt and receive a written response.

If the succession was formalized in violation of the law and regulations, then you can invalidate these actions on the grounds of Article 166 of the Civil Code of the Russian Federation.

Lawyer Obolonskaya T.N., 2689 answers, 1717 reviews, on the site from 09/24/2018
9.8. The grounds for revocation of a license are specified in Article 20 of the Federal Law of December 2, 1990 N 395-1 (as amended on December 27, 2018) “On Banks and Banking Activities.”

Revocation of a bank's license does not terminate your credit obligations. When a license is revoked, the bank is temporarily deprived of the opportunity to conduct financial activities. But the institution itself as a legal entity does not disappear anywhere. The structure of the bank has not been liquidated. The bank can always try to regain its license. It happens that a bank’s license is not only revoked, but also excluded from the register of credit institutions.

You need to figure out these points. You can find all the necessary information on the website of the Central Bank of the Russian Federation. Or you can make it simpler. If an unlicensed bank branch is still open, you can go there. Find a temporary manager who will provide the information of interest. The transfer of a license sometimes takes a long time. Therefore, a temporary administration of the bank is formed, with which most issues can be resolved, in accordance with Art. 183.5 of the Federal Law of October 26, 2002 N 127-FZ (as amended on December 27, 2018) “On Insolvency (Bankruptcy).”

If the legal successor of Trust Bank is Otkritie Bank, then you should be sent by mail the payment details for which you need to pay the loan.

There is another option; you can contact a notary and deposit the loan funds into the notary's deposit.

Lawyer Shabanov N.Yu., 20164 answers, 9651 reviews, on the site from 03/23/2017
9.9. Hello, assignment of the right of claim is provided for by law Article 388. Conditions for assignment of claim
...
4. The right to receive non-monetary performance may be assigned without the consent of the debtor, if the assignment does not make the fulfillment of his obligation significantly more burdensome for him. But you are thinking quite sensibly, the successor must confirm his rights by providing you with the necessary documents, however, you should call them and demand the provision of documents in order to clarify the situation as soon as possible, or even better, send a written request for documents so that they do not have a reason then demand that you pay the penalty, and you had confirmation that you made such a demand and did not refuse to pay the loan.

10. Since 2014, I had a credit card with Trust Bank in the amount of 40,000, paid monthly payments from 2014 to 2018. I have already paid much more than the borrowed funds. In December 2018, Trust Bank transferred all loans to Otkritie Bank; a letter was received from Otkritie Bank with an offer to come sign a new agreement with them. I don’t have a loan agreement with Tinkoff Bank (and I don’t even remember that there was one; the card came by mail). I haven’t made any payments to the bank yet on the card, so naturally it’s overdue. What to do in this situation? Is it better to sign a new agreement with Otkritie Bank and start paying or wait until the bank sues? Or maybe there is some article of the law under which I can sue the bank myself so that the loan will be withdrawn from me altogether? (I remind you that I do not have any documents regarding the loan and there is no branch of Trust Bank in the city either.)

Lawyer Yu. A. Fedorov, 951 answers, 639 reviews, on the site from 12/19/2018
10.1. It all depends on the situation, but it’s better not to start, if the delay is not large, then it’s better to negotiate with a new creditor.

11. By a decision of the city court in 2016, the debt under the loan agreement was collected from me in favor of PJSC Sberbank of Russia.
I did not recognize the Bank’s demands; in a written statement I asked the court to consider the case in my absence. The court satisfied the Bank's demands, I appealed the court's decision on appeal. The Judicial Collegium for Civil Cases upheld the decisions of the City Court.

In 2018, the Trust Company filed an application with the Court for procedural succession under an agreement on the assignment of rights (claims) with PJSC Sberbank of Russia. I objected to the satisfaction of the application of the Trust Company, and in a written objection I asked the court to consider the case in my absence. The court satisfied the requirements of the Trust Company, I appealed the court’s decision on appeal. The Judicial Collegium for Civil Cases upheld the ruling of the City Court.

Again in December 2018, the Trust Company (by mistake, apparently) filed an application with the Court for procedural succession under an agreement on the assignment of rights (claims) with PJSC Sberbank of Russia under this same loan agreement.
I sent an application to the Court to provide me with the opportunity to familiarize myself with the materials of civil cases in full.
The court refused to satisfy the request of the Trust Company since the Court had previously issued a ruling in this case.
After reviewing the materials of the civil case, to my surprise (I learned) I discovered that the original loan agreement was missing from the file. Moreover, the copy of the loan agreement was not even properly certified by the Bank itself in accordance with the requirements of the Law; the Court did not compare the copy of the loan agreement with the original since there is no note about this fact in the file.

As part of the enforcement proceedings, as determined by the Court, by order of the bailiff, the replacement from PJSC Sberbank of Russia to the legal successor Company Trust has already been made.

My example once again convinced me that the Court is selective in its approach to the parties in a case, and the independence of the Court today is like the Law of Averages. If I filed a claim against the Bank, the Court would necessarily ask me for the original document or a duly certified copy, otherwise the claim would be rejected. You must fight for your legal right.

Dear lawyers and legal experts of the site
I am addressing you personally, taking into account my practice and work experience, please, I need your recommendation for my correct further actions.

I believe that given this fact (disgrace), I now need to submit to the Court that made the decision an application to review the court decision based on newly discovered circumstances within 3 months (from the day I found out). Due to the plaintiff’s failure to provide Sberbank of Russia PJSC with the original loan agreement to the Court. Since the copy of the loan agreement is not properly certified by the Bank itself (the copy does not indicate where the original is located), etc. as required by the Law is not admissible evidence.
In the application, ask the Court:
1. Review the judicial decision of the city court based on newly discovered (new) circumstances.
2. Cancel the court decision and consider the civil case on its merits.
I do not rule out that, along with filing an application to the Court to review the court ruling due to newly discovered circumstances, I also need to prepare a number of petitions, including requesting the original loan agreement from the plaintiff Sberbank of Russia PJSC.

Best regards, Sergei.

11.1. Your question is very meaningful and cannot be considered as part of a free consultation. Contact a lawyer individually.

Lawyer Ershov D.S., 12186 answers, 4411 reviews, on the site since 11/09/2011
11.2. Good day, Sergey!

Judging by the text of your question, there are no grounds for reviewing the court’s decision based on newly discovered or new circumstances.
Nobody stopped you from participating in the case, getting acquainted with the case materials and filing appropriate petitions for the collection of evidence. Now, as they say, the train has left. Everything must be done on time.

12. The problem is that my bank with which I received loans (TRUST) went bankrupt and sold my debts to the bank (OPENING) and this happened on November 19, 2018. And I only found out about this at the end of November, and then by accident. The Trust Bank told me that they sent me agreements on all the grounds on which I should pay to another bank, to this day there are no letters or anything from one bank or another. Today I went to a branch of Otkritie Bank and wrote an application to provide me with a process offer and an agency agreement. Now the opening bank is calling and saying, why aren’t you paying? I answer them, I don’t mind paying and have been paying regularly for all 4 years without delays and I will pay to your bank, but if I have contracts on which grounds I must pay to your bank. She tells me why the Otkritie bank employee didn’t show you these agreements on the computer monitor. I told me they didn’t offer me and it wouldn’t suit me at all to look at documents on a computer monitor, I need official documents, their copy wrapped by your bank. She said that we will soon transfer your debts to the collection department and the conversation ended. Tell me what the right thing to do with the bank is because I don’t want to quarrel with the bank and ruin my credit history, but I don’t want to pay them just like that without contracts.

Lawyer Kukovyakin V.N., 10320 answers, 6739 reviews, on the site from 11/16/2017
12.1. Hello, Nikolay. You did the right thing. The only thing, in order not to increase the debt, I would recommend that you go to the bank yourself and find out the issue regarding the assignment agreements.

Lawyer Kaygorodtsev I.N., 2443 answers, 786 reviews, on the site since 08/30/2013
12.2. Submit applications to the bank where you received loans (TRUST) and to the bank (OTKRITIE) to which your debts were transferred with a request to provide you with all the documents for the transfer of your debts. In case of refusal, contact the Central Bank of the Russian Federation.

13. In 2012, I took out a loan; the loan was accompanied by a credit card, which I used. The last installment was in April 2015. (I did not repay the entire debt of 3000).
In November 2018, I received a letter from the bank that I had accumulated penalties of 6,000 on the principal amount of the debt over the years. The total debt is 9000. The question is why the bank did not notify me in any way that there was a debt, I didn’t even know about it! After 3 and a half years before the New Year, the bank notifies. There have been no calls, SMS or letters over the years! This bank has not been in our city of Vologda for a long time, we went to the nearest city of Cherepovets, 2 hours away. But there is no Trust Bank office there either; it has long been renamed to something else. I need a loan agreement!, since there hasn’t been one since 2012. I wrote a letter to Moscow with a request to send me a copy of the contract and all my payments to the card, but I received a refusal. I want to sue them! Since over the years no one has notified me about the debt to the bank. I agree to pay off the principal debt, but not the penalties that have accrued over the years. Question: Can I win a lawsuit in my favor?

Lawyer V.A. Kuderov, 99 answers, 47 reviews, on the site since 02/20/2017
13.1. Good day, Anastasia!
Based on what you described, you do not have to pay anything, since the statute of limitations has expired (three years). There is no need to sue them either. If they file an application for a court order (most often this happens), then write objections and refer to the statute of limitations and the judge will not issue an order against you.

14. There is a credit card from Trust Bank. I pay on time, without delays. I received an SMS about the transfer to Otkritie Bank. OK. The discovery sent an SMS with details and monthly payment. And a monthly payment of 1000 rubles. more than in Trust. In the Trust, the payment was according to the agreement. I'm not happy with this amount. It turns out I'm going back. And I will pay only interest, almost without writing off the debt. I can't pay any more. Is it legal for Otkritie to increase the monthly payment?

Lawyer Trofimov D.S., 2607 answers, 1676 reviews, on the site from 10/02/2018
14.1. Good afternoon
You need to look at the terms of the contract.

The parties to the contract have been replaced.
The agreement must determine whether the bank has the right to transfer rights and obligations to another bank and in what form.

Lawyer Kirina V. A., 932 answers, 562 reviews, on the site from 07.11.2018
14.2. Good afternoon, according to the Civil Code of the Russian Federation, unilateral changes to the contract are not allowed, and therefore, increasing the amount is illegal.

15. In 2007, I took out a credit card for 15,000 rubles. There is a trust in the bank, the loan agreement is lost, what is the maximum validity period of the card agreement.

Lawyer Shamolyuk I.A., 61033 answers, 25767 reviews, on the site from 07.11.2009
15.1. Good afternoon The term of the contract is as specified in your contract. But why do you need this period? The limitation period is counted from the DATE OF THE LAST CARD PAYMENT.

Lawyer Voronchikhin D. A., 7230 answers, 4632 reviews, on the site from 11/14/2018
15.2. Do you still have the card? The validity period is indicated on it; it usually corresponds to the term of the contract; if the card is not reissued, it ceases to be valid. Only if there were debts they do not disappear.

16. Please help me figure this out. In 2013, I took out a loan from POA National Bank "TRUST" and was given credit card No. 2 along with the agreement. In November 2013, I was fired due to the liquidation of the enterprise. In July 2014, the bank filed a lawsuit to collect the debt under the loan agreement. The decision was made in favor of the bank. The debt was paid by court decision. In June 2018, the bank went to court again, but with debt on credit card No. 2, and attached to the claim the same agreement from the first court and an account statement. The court order was overturned. Meeting in December. Can I file a motion for limitation? Can I file a motion to obtain appropriate evidence from the plaintiff? I did not activate the card; after the trial it was blocked. Which petition should I submit first?

Lawyer Granyukov S.I., 395 answers, 277 reviews, on the site from 09/06/2015
16.1. Be sure to submit a request to miss the statute of limitations. It is better to do this in writing; it can be reflected in the objections to the claim.

17. In 2011, I took out a Trust Bank credit card for 40 thousand, paid on time, increased the loan amount by 80 thousand, then financial difficulties occurred. I stopped paying since 2013. And they didn't get in touch. In 2016, a couple of letters arrived. That the debt was 400 thousand, then a letter came that the debt would be fulfilled for 20,000. Document. It was on the FSSP website and I paid for it. How then I realized that I did it in vain, because... I could have stated the statute of limitations, but now I have received a letter saying that the debt is 500,000. Of these, 130 thousand are the principal debt, 370 thousand accrued interest, pay by November 25, the bank is terminating the contract and I will pay interest at Cent rates. jar. I have nothing to pay, what should I do?

Lawyer Belousov S.N., 91442 answers, 34146 reviews, on the site since 04/05/2009
17.1. At the moment, it is very difficult to do anything. You missed all the deadlines.

18. In 2011, I took out a Trust Bank credit card for 40 thousand, paid on time, increased the loan amount by 80 thousand... then financial difficulties occurred. I stopped paying when I was 13. And they didn't get in touch. In 2016, a couple of letters arrived. That the debt was 400 thousand, then a letter came that the debt was 20,000, and he would fulfill it. Document. It was on the FSSP website and I paid for it. As I later understood. That I did it in vain. because I could have stated the statute of limitations, but now I have received a letter saying that the debt is 500,000, the bank is terminating the agreement and I will pay interest at Cent rates. jar.
What should I do?

Lawyer Averkova T.N., 9951 answers, 7576 reviews, on the site from 04/11/2017
18.1. Hello, Lilya!
According to the requirements of proportionality (Article 333 of the Civil Code of the Russian Federation), fines and penalties should not exceed the amount of the principal debt. 80 + 80 = 160 but not 500.
State this requirement in court if it comes to that.
Wish you luck!

19. I repay the loan to TRUST Bank. However, an SMS notification arrived, or rather, a reminder from the Bank "OTKRITIE" "do not forget to make the loan payment... Without any details. At the same time, the details and account number of PJSC Bank FC Otkritie were also sent to the wife's phone (?) via SMS . With an explanation that from October 19, 2018, the rights of the creditor under the loan agreement transferred to them. All this via SMS. No email notifications. Is it correct? Could it be a case of fraud? What to do? Thank you. Oleg.

Lawyer Stepanov A. E., 35394 answers, 23838 reviews, on the site from 07/21/2017
19.1. Oleg Anatolyevich, maybe so. There is no need to pay anything unless there is reliable information. I advise you to obtain official confirmation from TRUST Bank that your debt has been transferred to Otkritie. In addition, Otkritie must provide you with information on the purchase of such debt.

20. In 2015, Trust Bank sued me (I found out about this when my cards were seized by bailiffs in 2017)
The credit card amount was taken in the amount of 70 thousand.
By executing For the list the amount was 230 thousand + state duty 5 thousand.
I made an agreement with the trust bank representative and he took the Ipol. Production.
So I paid him 3 thousand a month with my salary being 13 thousand rubles and two children (my ex-husband doesn’t help).
I have already paid 120 thousand. A representative once told me that the percentage is still accruing. And it is in my interests to close the loan faster. Recently I received a letter from Trust Bank (registered) stating that I had violated my obligations under this agreement. That the amount of debt at the moment is 302 thousand and that I need to pay it off before November 2018.
The application states: - principal debt 68242.81 -% 227560.25 - state. Duty 5503.36
And the total amount of debt is 301306.42
And if I don’t pay for all this, I will be sued.
But the most interesting thing is that they don’t stop.
How to solve this problem.
Is it possible to write to the bank about termination of the contract or suspension?
How to live in such a situation when you have two children and a very small salary.

Lawyer Zotov V.I., 36842 answers, 15126 reviews, on the site from 07/11/2009
20.1. Hello, dear Karina!
Firstly, according to Part 1 of Article 819 of the Civil Code of the Russian Federation, under a loan agreement, a bank or other credit organization (lender) undertakes to provide funds (loan) to the borrower in the amount and on the terms stipulated by the agreement, and the borrower undertakes to return the amount received and pay interest at her.
You violated the terms of the loan agreement, therefore, at the request of your creditor, the court collected the amount of debt from you, probably with interest.
Secondly, You need in 2017, when you learned about the collection of the amount of debt from you under the loan agreement, not to “negotiate” with a representative of your creditor, but to obtain a copy of the claim from the court, study it and, with the help of a lawyer, appeal it if you were collected interest and penalties. You didn't do this when it could REALLY be done.
Third, according to Article 450 of the Civil Code of the Russian Federation, amendment and termination of the contract are possible by agreement of the parties, unless otherwise provided by this Code, other laws or the contract.
That is, the borrower cannot unilaterally terminate the loan agreement if this is not provided for in the loan agreement.
Bankers will never include such a condition for the borrower in a loan agreement, since it is beneficial for them to receive interest from the borrower.
Fourth How to live in such a situation that you have created for yourself is up to you to decide. But a competent lawyer can help you resolve this situation with less legal costs, who will require more complete and necessary information from you on your issue. E
There is no point in paying you the entire amount that the bank representative demands from you.
All the best.

I had loan obligations with Trust Bank and had no arrears. I paid the next payment and a couple of days later I received an SMS that Trust Bank had transferred my obligations to Opening Bank. Now they call me from this bank and demand to pay off the overdue debt. Do I have the right not to pay Otkritie Bank since the agreement was not signed with their bank. Read answers (1)

21. I had an awkward situation. There are 4 credits. Bank Otkritie, brao 391 thousand, consumer. Trust Bank, a consumer bank, took 300 thousand. OTP Bank 119 thousand, card by mail. Refrigerator in installments Bank Renaissance, 8 thousand. The total amount of debt remains 370 thousand to be paid at the same time. I decided to go to the first bank for refinancing with an additional amount on top, this is Sberbank, because... I receive my salary on the card, they said that it is impossible to repay my loan because... My banks do not disclose all the information, they provide incorrect certificates from other banks, and OTP Bank generally refused to accept a credit card. In general, I decided to go further to the Rosselkhozbank bank, they generally said that the maximum for me would be 270 thousand with kopecks and minus insurance, without any additional amount. This didn’t suit me, I went to VTB 24, they gave me a headache, they said that the Otkritie bank is a strange account for repayment, the dates of the agreement are wrong, I generally owe Trust Bank 200,000, which killed me, the OTP bank is not listed in their database. I went to my banks to find out, but never received an answer. I went to Sberbank to print out my BKI history, it turned out that Otkritie Bank transferred the rights of the agreement to another organization, Trust Bank, they set a different date for the agreement and the loan amount was not 391 thousand but 325 thousand, but I paid Otkritie Bank, called Otkritie, they said that everything was fine, I I wasn’t satisfied with the answer, I wrote a statement while I’m waiting for an answer. Then I discovered in the history of BKI that the OTP bank does not appear there at all, and God bless him. I went again to VTB 24 bank to show my BKI details, by the way, I have an excellent history there, no delays, but it didn’t help, the managers couldn’t even send an application, they say the data in the banks Otkrytie and Trust is incorrect, although I provided them with certificates from those details for which I pay successfully. I went to Trust Bank to write a statement why the contract dates had changed, other loan amounts and the basis for transferring the loan from Otkritie to Trust. Then I went with my last hope to the Raiffeisenbank, where I showed only my passport, didn’t even mention the amount, and didn’t say anything at all, they immediately refused without explanation, I was completely shocked. The manager advised me to look at another BKI website. I printed it out and I was amazed. Otkritie Bank sold my contract to Trust Bank, is this legal? As I understand it, Bank Trust and Otkritie are now one bank and have merged, but I don’t understand their policy. OTP Bank also appeared in BKI. Now the main questions, if my applications that I wrote to the banks do not help: 1. What do I need to do next? After all, I really need refinancing. 2. Does each bank have its own BKI database? Not common? 3. Will lawyers and the court help me with this?
Thank you.

Lawyer Kriukhin N.V., 157614 answers, 69086 reviews, on the site from 07/14/2011
21.1. Hello.
To be honest, with such a credit history, if I were the bank, I would also refuse to refinance.
Don't be offended, but you are the person who thoughtlessly takes out loans without thinking about how you will pay them off.
The law allows banks to refuse to issue and refinance loans without giving reasons. Therefore, the court will not help you. All that can be done through the court is to demand corrections in your credit history, but then you will definitely not receive loans.
Now you have only one way - to repay part of the loans in full, and then try to refinance the rest. Renaissance and OTP definitely need to be repaid.
Anyone who now offers you his services and declares that I am wrong or incompetent is a fraudster who wants to pump money out of you. Keep this in mind.

22. A month ago, the bankruptcy procedure for individuals was successfully completed. Persons, just the other day I received a letter from the bailiffs stating that I owe 372,000 rubles to Trust Invest Bank, naturally, I did not have and do not have any loan agreements with this bank, only Sberbank. What does this mean and what to do.

Lawyer Ternovykh I.A., 22807 answers, 6377 reviews, on the site from 06/23/2014
22.1. Contact the bailiff department in which the individual entrepreneur was initiated to familiarize yourself with the materials and clarify the nature of the debt.

23. When I bought a phone on credit, I was given a trust bank card and a mixed agreement was concluded. Initially, the card limit was 30,000, then the limit was increased by another 50,000, resulting in a total of 80,000. The contract included an imposed insurance of 2.6 percent per month on the amount of the principal debt. Until April 15, I paid regularly and the amount of the principal debt was 71,993. When the bank filed a lawsuit, they set the credit limit amount to 90,104, the amount was 74,200, and the amount of 74,200 came from the fact that they withdrew money from the account to account for missed payments. The bank filed a claim in court for overdue interest for about 18,000 rubles, and in total I owe them 180,592. My question is, can I terminate the agreement with the bank unilaterally? Is it legal to write off funds from my account to pay for fines without my consent?

Lawyer Maksimov M.V., 22010 answers, 12939 reviews, on the site from 09/15/2016
23.1. Termination of the contract does not terminate previously assumed obligations under it. The write-off is legal if the bank documents, i.e. the rules for issuing and servicing cards require your consent. Such documents are usually posted electronically on the bank’s website, so they don’t even need to be signed;

24. Three days ago, by registered mail, I received a court order dated March 16, 2018 to collect loan debt from me for the period from December 24, 2013 to February 24, 2014 under a loan agreement (the number of which is not specified). I have not entered into any agreement with Trust Bank and, in addition, I believe that the 3-year statute of limitations has expired. Please advise what I should do in this situation.

Lawyer Bogolyubov A. A., 19237 answers, 12726 reviews, on the site from 07/22/2017
24.1. Hello, everything is very simple, from the moment you receive this court order, you should correctly write and prepare your objections to its cancellation within 10 days and send it by registered mail with notification either to the court’s website or directly.

Lawyer Tikhonov B.L., 15437 answers, 6750 reviews, on the site since 05/19/2013
24.2. Hello, Alexander.
Immediately file objections to the execution of the order to the judge who issued the order. The order will be canceled, and in the future, if the bank files a claim, you will be able to present your arguments and evidence to the court.
Hurry up, you have 7 days left to cancel the court order.

At Trust SSP Bank, due to other requirements, my credit account was frozen. The bank transferred my regular payments under the agreement with it not to itself but to another account and declared me a defaulter. This has been going on since February 2018. There was no response to my letters to find a way for me to repay my debt to him. I did not refuse to pay off the debt. And so the bank sent me a letter with the following content. What can you do? Read answers (1)

25. Loan agreement with Trust Bank: concluded on September 26, 2012 (credit card servicing), on February 25, 2015 - the client falls into arrears and stops paying the debt. On June 29, 2016, the bank filed a court order in the world court for the amounts of 150,000 - principal debt, 102,000 rubles - interest for use. On July 15, 2016, a court order is issued to collect the debt, the client writes a statement to cancel the order, citing inaccurate amounts, etc. On August 4, 2016, the order was canceled. Next, Bank Trust, after 2 years, again, under the same agreement specified earlier on March 1, 2018, again submits to the magistrate court for an order for the debt incurred during the period from January 27, 2015 to May 25, 2015 in the amount of 20,356 rubles. The magistrate court issues an order to collect the debt. And now the Question is the legality of issuing an order and do the statute of limitations for this debt play a role in this case?

Lawyer Ladygin A.V., 7512 answers, 4465 reviews, on the site from 03/27/2017
25.1. Legitimate, the subject of the dispute is different. As a matter of fact, the statute of limitations has not expired. It is three years FROM THE MOMENT OF THE LAST PAYMENT on the loan. At the same time, if you cancel the court order, this does not deprive the bank of the right to file a claim through the litigation procedure. Sincerely.

Lawyer Sarkisyan A.L., 357 answers, 262 reviews, on the site from 04/25/2017
25.2. Good afternoon Alexey, in fact the court violated the requirements of Article 200 of the Civil Code of the Russian Federation, which has a limitation period; the bank exercised its right to appeal, but was unable to exercise it. Even for the second claim the deadlines have been missed. Please also write a request to cancel the order.

Lawyer Stepanov V.I., 36189 answers, 15922 reviews, on the site from 10/15/2011
25.3. The court has the right to issue a court order without checking the calculations and other arguments in the case. You have the right to cancel a court order; to do this, it is enough to simply object to its execution.

Today there are many ways to get rid of credit. This may be the termination of the contract, and declaring it invalid in whole or in part, declaring it not concluded, refusal to satisfy the bank’s demands, writing off a debt through the bankruptcy procedure of an individual, termination of enforcement proceedings on the grounds of Art. 46 Federal Law “On Enforcement Proceedings” and many other legal tricks. Correctly get rid of credit debt and the loan agreement itself A financial lawyer can help.

Sincerely, financial lawyer – Stepanov Vadim Igorevich.

26. I had such a problem with Trust Bank, in December 2013 I took out a loan in the amount of 500,000. I applied for it as an employee without insurance, the payment was 12,000. I paid regularly for three years, then I encountered financial difficulties and began to pay 2,000- 1000 per month. In January 2017, I received a NOTICE from the bank demanding payment of the amount of overdue debt 21035.24. Subsequently, in August 2017, bailiffs seized the bank account and withdrew this amount from the Sberbank debit card. Then I receive a request from the bank to repay the entire debt, this is 300,000 rubles by October 2, 2017. Otherwise, the bank will have the right to collect penalties (penalties) and other penalties in accordance with the terms of the loan agreement. On October 21, 2017, my husband died. I was left alone with two minor children. In December 2017, my maternity leave ended and I joined the ranks of the unemployed. In general, at the moment the bank charges me DAILY penalties for the entire amount of debt of 0.1%. This is an unaffordable amount for me. I contacted the bank with a request to stop accruing penalties. She explained her situation, said that she was ready to partially repay as much as possible, but since they charge penalties every day, for me this is a dead end, I will never be able to close this loan in my life. Help me please. Can you please tell me what to do?

Lawyer Volkova I. Yu., 2982 answers, 1478 reviews, on the site from 10/16/2015
26.1. Hello, Yulia, in a lawsuit it is possible to reduce the amount of the penalty. Therefore, you will have to wait for a lawsuit. Now it is more profitable not to pay anything, since the debt will not be repaid, and the bank will count your meager payments as repayment of penalties. There is a section in the agreement that determines the order of repayment of the loan.

27. I had a trust bank credit card. I have not made payments on it since April 6, 2015. And on December 8, 2017, the bank filed a lawsuit to issue me a court order; I canceled this order. Then I received a message that the trust bank transferred my debt under the agency agreement to the collectors of ABK LLC. My question is why the bank didn’t go to court or is this still ahead because the LED will expire soon?

Lawyer Pankratov V.V., 534 answers, 365 reviews, on the site since 08/20/2008
27.1. Hello, Lidiya Alekseevna!
It is not profitable for the bank to sue you now. In court, the bank will win less than the collectors can take from you, at least they try.

Lawyer Matveeva T.G., 93,126 answers, 39,398 reviews, on the site since 03/26/2006
27.2. The statute of limitations in your case will be three years from the date of cancellation of the court order. So it's still a long way from expiration. As a rule, banks do not forgive debts.

28. I received an SMS from KEF LLC about scheduling a personal meeting at my place of registration. The debt is allegedly to Trust Bank LLC. Although the loan was repaid ahead of schedule 2 years ago. But, as I understand it, the bank itself did not close the agreement and the amount of the debt consists of payment for servicing the loan agreement, which was repaid ahead of schedule 2 years ago.
My question is, what should I do with the collectors and will they come? and a question. What should I do with the bank now? Do I have to pay for servicing the contract if I have all the receipts?

Lawyer Astsatryan N.V., 41,725 ​​answers, 23,573 reviews, on the site from November 24, 2016
28.1. Hello! You can send debt collectors to court. If the loan agreement has not been terminated, it continues in effect. Good luck to you!

29. Once I got my front door on credit through TRUST Bank. The employees who processed it gave me a credit card from this bank with a limit of 67,000 thousand for use. I cashed it in full and did not pay. Then after some time I deposited 6,000 thousand and that’s it. 4 years and 2 months have passed since that moment. There was no contract for the card; the card expired in 2015. Over the entire period they sent 5 letters, but I did not contact them. Can they sue? And the statute of limitations has already expired.

Law firm Global Law Company, 13525 answers, 2676 reviews, on the site since 08/11/2014
29.1. Hello.
Article 200. Beginning of the limitation period
[Civil Code of the Russian Federation] [Chapter 12] [Article 200]
1. Unless otherwise established by law, the limitation period begins from the day when the person learned or should have learned about the violation of his right and who is the proper defendant in the claim for the protection of this right.

2. For obligations with a certain period of performance, the limitation period begins to run upon the expiration of the performance period.

For obligations for which the deadline for fulfillment is not defined or is determined by the moment of demand, the limitation period begins to run from the day the creditor presents a demand for the fulfillment of the obligation, and if the debtor is given a period for fulfilling such a requirement, the calculation of the limitation period begins at the end of the period provided for the fulfillment of such requirements. In this case, the limitation period in any case cannot exceed ten years from the date the obligation arose.

3. For recourse obligations, the limitation period begins from the date of fulfillment of the main obligation.

30. I have this situation, I activated a credit card in 2013 in the amount of 35,000 at Trust Bank. I paid the amount even more, but there were delays and in the end I stopped paying them. Last year they filed a lawsuit and I paid them 53,000 in enforcement proceedings. After some time (about 3-4 months) again enforcement proceedings under the same agreement were for the amount of 8,500. I called them and asked why this was so, because I have already paid off the enforcement proceedings under this agreement. To which I received the answer: “You will now have to pay us for the rest of your life, since we did not go to court to close the contract, but only for the amount of the debt, which will continue to grow.” This outraged me and I wrote to the court that I had already paid under this agreement. The judge, of course, canceled the court order, but in November the enforcement proceedings were posted on the website again at 21,000. What should I do in this situation?

Lawyer Golubtsov A.S., 5813 answers, 2459 reviews, on the site since 03/04/2013
30.1. You need to go to the bailiff, take a copy of the decision to initiate enforcement proceedings and find out on what basis, firstly, it was initiated, and secondly, on what basis the writ of execution was issued. All this information will be contained in the “header” of the resolution. Having learned about the grounds for issuing a writ of execution, you will go to court, receive a copy of the judicial act, and after studying its contents, you will already understand what to pay attention to when challenging it.