How to challenge a court decision on a loan. How is the court going with the bank on the loan I do not agree with the court decision on the loan

The legal regulation of banking activities in Russia is carried out by the Constitution, the Law "On Banks and Banking Activities" and "On the Central Bank of the Russian Federation", as well as other regulatory legal acts.

For violation of the law, financial and credit organizations can be brought to various types of liability - from disciplinary to criminal. For example, according to Article 15.26 of the Code of Administrative Offenses, if a credit institution violates the standards established by the Central Bank, it will receive a warning or a fine.

If the bank and its representatives, by their actions or inaction, violate the material rights of a citizen or any regulated procedure, then this citizen has the right to seek protection in court. But first, you usually need to go through a claim proceeding.

Simply put, you shouldn't rush to court right away. First, try filing a complaint with the bank. In the vast majority of cases, this is enough to solve the problem. We will show you how and where to complain.

We make a complaint competently

There is no unified document form in this case. Claims can be stated arbitrarily: if you place the details not on the right, but on the left, or instead of the word “complaint” write “statement”, this will not be a mistake. However, it is best to follow the general requirements for written statements.

• A cap... In the upper right corner, you must indicate who the complaint comes from (your personal data, including address and contact phone number) and to whom the complaint is addressed. If you do not know the name of the required official, write simply “<наименование финансово-кредитной организации>».
• Heading... Write the word “complaint” in large letters in the middle of the line.
• Factual circumstances of the case... State what rights, in your opinion, are violated, by what actions or inaction of the bank. Give your arguments. Describe when, what time and under what circumstances the incident occurred, or when you discovered the fact of the offense. Is someone in particular to blame for what happened? If yes, please include the last name and first name of this subject.
• Applications... Back up your outrage with written evidence. Attach to your complaint a copy of the loan agreement, a receipt for payment of a particular service, an account statement, and so on.
• Requirements... Formulate what specific decision you expect on your complaint: "I ask to eliminate the consequences ...", "give a legal assessment ...", "punish the guilty ..." and so on.
• Date and signature... Do not forget to indicate when the complaint was made and also endorse it.

When filing a complaint, do not curse and scold. Superfluous epithets and details only complicate understanding, therefore, delay the proceedings.

Stick to the rule: less emotion, more facts.

Any more or less large credit institution has a complaints department, where, as a rule, they try to solve problems without washing dirty linen in public.

Research shows that a customer who complains and is heard becomes consistent and loyal. Banks value their reputation and know that if a disgruntled customer is simply brushed aside, he will tell his friends about it, and they will tell theirs.

Therefore, the first thing to do in the event of a conflict situation is to contact the bank itself.

The term for processing written complaints by credit institutions, as a rule, is seven to ten banking days.

During this time, the bank will conduct an internal investigation, develop solutions to the problem and offer them to you orally (by phone) or in writing.

As practice shows, they respond most quickly to complaints received through Internet resources and by calling hot lines. They are usually processed on the same day.

Bank	Telephones	Online Reception
Sberbank	8-800-555-55-50; +7-495-500-55-50; 900 (available in Russia for MTS, Megafon, Beeline and Tele2 subscribers)	sberbank.ru
VTB 24	+ 7-495-777-24-24 (for Moscow); 8-800-100-24-24 (for regions)	-
Rosselkhozbank	8-800-200-02-90; +7-495-787-7-787; +7-495-777-11-00	rshb.ru
Alfa Bank	+ 7-495-78-888-78 (for Moscow and the Moscow region); 8-800-2000-000 (for regions).	alfabank.ru
Tinkoff Bank	8-800-333-777-3	tinkoff.ru

If the bank did not satisfy your complaint or you were unhappy with the decision, you can write a negative review on the thematic website or forum, or contact one of the supervisory authorities.

Banks.ru and other popular ratings

Again, banks value their reputation and do not like public hearings.

Many financial institutions have dedicated staff who track reviews and provide feedback. If such an employee sees on the Internet a complaint about the bank he represents, he will try to react as quickly as possible. Your message will be passed on to the responsible persons or they will tell you the algorithm of actions.

The name speaks for itself: on the site you will find ratings of Russian banks in terms of service level and quality of services, ratings of the most profitable deposits and ratings of loans with the lowest rates.

You can leave a complaint about this or that bank in the "People's rating" section or on the forum under the topic "Conflict situations". Representatives of more than 220 Russian banks respond to customer reviews.

To present the problem, as in the case of written appeals, is brief, emotionless and to the point. The moderator will not miss messages containing insults or obscene expressions.

In the national rating "Banki.ru" you can complain about a bank employee, erroneous debiting of funds, incorrect operation of an ATM and other problems that concern you personally. It makes no sense to be indignant with legal, but, in your opinion, unfair actions (“Arbitrariness: my sister has nothing to pay on the loan, the bank has seized the property!”).

Association of Russian Banks and Financial Ombudsman

The Association of Russian Banks is a non-governmental, non-profit organization established in 1991. It has 522 members, including 350 credit organizations. The Association includes all the largest banks in Russia, 19 representative offices of foreign banks, 65 banks with foreign participation in the authorized capital, as well as the “big four” audit companies.

The Association not only protects the interests of credit institutions in legislative, executive and law enforcement bodies, but also seeks to improve the work of banks. To do this, the official website of the Association has a section where anyone can file a complaint against any bank.

The complaint will be posted on the website of the Association of Russian Banks in the public domain.

Bank representatives can comment on complaints.

In 2010, the Federal Law “On an alternative procedure for resolving disputes with the participation of a mediator (mediation procedure)” was adopted and on January 1, 2011 came into force. At the same time, on the initiative of the Association of Russian Banks, the institution of the financial ombudsman was established in 2010. This was another step towards building a dialogue between banks and customers.

The Financial Ombudsman is an impartial, impartial and influential person who can help negotiate with the bank.

He doesn't punish banks or tell customers what to do. He mediates between the first and the second and helps to come to a compromise. For example, the financial ombudsman can offer mutually beneficial terms for the bank and the client to restructure the loan.

You can turn to a public conciliator in the financial market.

Rospotrebnadzor

Banks serve clients, and therefore, in case of disputable situations, you can contact the Federal Service for Supervision of Consumer Rights Protection and Human Welfare to protect your rights.

What you can complain to Rospotrebnadzor:

• Inclusion in the contract of provisions that infringe on consumer rights (Article 16 of the Law "On Protection of Consumer Rights"). For example, limitation of jurisdiction, the right to unilaterally amend the contract.
• Insufficient or inaccurate information about services (Articles 10 and 12 of the Law "On Protection of Consumer Rights").

Federal Antimonopoly Service

The Federal Antimonopoly Service (FAS) is an executive body that oversees compliance with competition and advertising legislation.

A typical subject of a complaint to the FAS: the bank gained a competitive advantage over other credit institutions, as it misled customers (for example, offered a deposit at a low interest rate), and then changed the terms of the agreement.

Unfair competition entails the imposition of an administrative fine on officials in the amount of 12,000 to 20,000 rubles, on legal entities - from 100,000 to 500,000 rubles (Article 14.33 of the Code of Administrative Offenses).

You can also complain to the FAS about SMS spam that comes from banks.

In accordance with the law "On the Procedure for Considering Citizens' Appeals", the Federal Antimonopoly Service within 30 days must consider the complaint, conduct an inspection and, if violations are detected, issue an order to eliminate them.

Please note that this page contains an email - [email protected], to which you can send an appeal if you need to attach several files. For example, screenshots of the bank's online advertising.

Central Bank of the Russian Federation

The Bank of Russia is the body of banking regulation and supervision. It monitors the compliance by credit institutions with the banking legislation of the Russian Federation, the regulations of the Central Bank and the standards established by it (Article 56 of the Law "On the Bank of Russia").

You can complain to the Central Bank if, for example, the bank imposes unnecessary services on you, if it has transferred information about the client to third parties in violation, illegally charged a fine or forfeit. But most often they write to the Central Bank about the unilateral increase of the loan rate by the bank.

There is a special Internet reception on the Bank of Russia website for receiving applications from citizens.

If your appeal falls within the competence of the Bank of Russia, then it will certainly be considered along with other written requests.

The central bank responds to all requests, but often these responses are formal. The Bank of Russia is a supervisory, but not a punitive structure, and therefore usually refers to the fact that it cannot interfere with the operational activities of a particular credit institution, and directs the client to defend his rights in court.

Follow these tips if your complaint is not satisfied or you are not happy with a solution. Also, do not forget about the opportunity to contact law enforcement agencies and the Prosecutor's Office. Especially when it comes to illegal actions of collection organizations.

Write in the comments if you have ever complained about the bank. Tell us about how it was, what result you have achieved.

In such a case, it is best to use the time sequence of all events. When writing facts, each of them must have a corresponding date. Also, the description of the situation itself should be as neutral as possible. What does it mean? In no case should you tell how unlucky you were in life and how you were offended. The main thing is to point out events and their confirmation as briefly as possible. In addition, the facts must have their documentary evidence. First of all, it is an agreement between a bank and a citizen. Among other things - a variety of certificates, receipts, etc., which testify to the payment of funds, communication with the bank, collectors, etc. The last part contains a petition. It is a request that addresses a situation. So, the authorized bodies must consider all the facts in the case and decide the issue in relation to the correctness of one of the parties.

Where and how to write a complaint about illegal actions of bank employees

Also, in addition to this, you also need to write the name of the employee who will be authorized to consider the case. For example, if the application goes to the address of the Central Bank, its head will become an official.

Attention

It is clear that he himself will not understand your case, but will redirect the complaint to one of the employees of this structure. But, nevertheless, it is to him that the initial appeal should go.

Info

Immediately after this data, we write the name of the citizen who is asking for help. In addition to initials, you also need to indicate your mobile phone and residential address.

Important

Such statements are necessary to be able to establish contact with the person. Now in the center is the name of the application - a complaint to the bank.

Bank trial: david versus goliath?

The fact is that this body has much fewer opportunities than the prosecutor. Therefore, it is better to immediately go to the last mentioned body, since the effectiveness of this appeal is much higher.

Sample complaint against the bank's actions Now let's move on to the direct preparation of the document. It does not have a specific form to fill out, regardless of which body you apply to.

Therefore, it will be necessary to write a complaint against the bank on its own using special instructions and samples. In addition, applications to various authorities are drawn up according to the same scheme.

Therefore, we will consider it in more detail. The upper right corner is intended to indicate the names or names of persons who are applying and who should consider the complaint. First, we write the full name of the authority to which the application is submitted.

Individual entrepreneurship

The fact and the basis for opening a case will be the direct appeal of a citizen who witnessed or suffered from such actions. Drawing up a complaint about the activities of a banking organization is a very important process.

It not only helps to restore the violated right of a citizen who suffered from the activities of this institution, but also serves as the basis for preventing the situation from repeating itself in the future. If today you keep silent, then tomorrow another will come on the same rake.
Writing an application and submitting it to the relevant authorities is a rather complicated procedure. Taking such a step, it is worth knowing certain nuances. The most basic of them are the form of appeal and the authority that can help. To answer such questions, it is necessary to analyze the legal and regulatory framework.

Application for challenging the actions of the bailiff

And the point here is not in technical problems, but in the actions of the bank themselves, which are often illegal. In order to resolve the conflict, many citizens are forced to complain about the bank.

In this article, we will tell you about the authorities to which you can file a complaint. Content:

• Where to complain
• Bank management
• To Rospotrebnadzor
• To the Antimonopoly Service
• To the prosecutor's office
• To the Central Bank of Russia
• Lawsuit
• Samples

Where to complain Unfortunately, sometimes the banking service can hardly be called indicative:

• Non-working ATMs;
• Illegal write-off of funds;
• Commissions charged for services that should be free;
• Employees who refuse to accept important statements;
• And other.

All this leads to the indignation of citizens, which is formalized in the form of a complaint.

Where can you complain about the bank?

Plus, another popular option is calling your parents, family, and friends. In this way, they try to return the money by any means and through all possible people. Let's say right away - it's illegal. But, this fact needs to be brought. The debtor's very word will not be enough. The prosecutor's office can be based on his information, but as practice shows, this does not lead to anything. Therefore, before contacting the prosecutor, prepare thoroughly. To do this, try to record all conversations with collectors on a dictaphone, in no case throw away any written requests from their side, etc. Also, another body that can help is law enforcement agencies. But, such an instance is used, as a rule, in cases where the employees of the collection department arrogantly come into the house, start to threaten and demand something incomprehensible. In this case, you need to call the police.

Complaint against actions of banks and other credit organizations

You can file a complaint against the bank even if the employees of the collection organization demanded a refund in front of your doors and the neighbors heard about it. Therefore, any deviation from the Law, which also contains an indication that the bank is obliged to adhere to the terms of the bilateral agreement with the client, is the basis for contacting the Central Bank.

Also, another option is to file a complaint against the bank with the prosecutor's office. Basically, such applications are received for activities on demand to return money.

If earlier we considered the responsibilities of the Central Bank in the area that a financial institution unlawfully transferred the rights to communicate with a client to another person, then we should complain about the very way of communication. Quite often, banks do not stand on ceremony and do not try to resolve the situation peacefully.
It's much easier for them to jump straight to threats.
In the event that a bank employee has been rude to you, has performed his duties incorrectly, you have every right to turn to his management. It makes no sense to involve other bodies in such cases.

Such actions should be resorted to only when this procedure does not give results. What will be needed for this and how to arrange everything correctly? First of all, if you are faced with a situation of incompetence or bad manners of an employee, resolve the issue immediately on the spot.

Do not delay with this and put off things until tomorrow - the day after tomorrow. The sooner you catch yourself, the more effective your actions will be.

To do this, you can ask the employee himself to call the head of the department. Try to verbally solve all the problems. If you cannot or do not want to get out of the situation in this way, make a special complaint to the name of the head of the department in which the incident took place.

The second option for resolving issues in relation to the activities of banks is to contact the Central Bank of the Russian Federation. Today, this instance is called upon not only to establish the ruble exchange rates against foreign currencies, but also to form lists of claims against financial institutions that previously received a banking license and to consider them. But, in this case, it should be understood that the Central Bank will not be able to consider all categories of cases. Here the point is that the activity of this organization consists in observing the fact of the content of legislative norms by the banks of Russia. That is, we can only talk about responsibility for offenses in the financial sector.
If the conflict is not resolved, you can complain to the prosecutor's office. The prosecutor's office works with violations of the legislation of the Russian Federation.

You can file a complaint against a bank with the prosecutor's office as follows:

• By delivering the application in person;
• Through the Internet reception of the official website of the prosecutor's office. For each region of the Russian Federation, there is a separate website for the prosecutor's office.

  The full list can be viewed in the reception of the website of the Prosecutor General's Office in the drop-down menu "Prosecutor's Office in the constituent entities of the Russian Federation."

In the Central Bank of Russia, the Central Bank monitors banks to comply with banking laws and regulations of the Central Bank.
Depending on the violation, you can complain about the bank in the following instances:

• To the head office of the bank that committed the violation;
• To the Central Bank of Russia;
• To Rospotrebnadzor;
• The Federal Antimonopoly Service (FAS);
• To the prosecutor's office;
• To court.

Bank management Many citizens are trying to settle the issue peacefully, so they first turn directly to the management of the bank itself. This can be done as follows:

• By calling the hotline that every major bank has;
• By applying to the bank personally. The applicant must have 2 copies of the document: one will remain in the bank, and on the second the receiving person signs, the date of acceptance and gives it to the applicant;
• By sending it by registered mail to the head office of the credit institution.

Recently, this issue worries every able-bodied person who decides on consumer, mortgage and car loans.

But is the forced collection process as scary as the debt officers present it to us? The law is more often on the side of a decent payer. Actions related to litigation are described below.

How is debt collection carried out on a loan

For an individual who has violated obligations under an agreement with a bank or organization, an approximate plan for the development of events is waiting:

1. Systematic phone calls from bank employees.
2. Letters in electronic form demanding the repayment of debt (debts) ahead of schedule.
3. Legal proceedings, the basis of which is precisely loan agreement.
4. Arrest and inventory of personal property by bailiffs.
5. Payroll deductions. According to the law, up to 50% of the official salary ("net salary") can be forcibly deducted.

How to be and what to do, having a subpoena for non-payment of a loan

To say: “Do not panic and hope for the best” means just laughing at the person ... First of all, you need find out the exact date and time of the trial.

In no case should you contact the bank when receiving a summons, pay debts in full, as well as dubious, sometimes inadequate fines.

The lawsuit, alas, can no longer be avoided, but trying to challenge part of the debt, interest or fines is the most important thing. The fact is that a credit institution collects a whole list from an individual.

Here's a rough list:

1. The main debt or its remainder.
2. A certain amount for use, called interest.
3. A fine in the form of an inflated interest for delinquency for both the principal and the overdue debt.
4. Forfeit or fine for the entire debt.

You must not skip a meeting, even if its outcome is clear in advance. Of course, the courts recognize most of the banks' claims, but it is imperative to participate.

How to win a lawsuit over a bank loan

The probability that the judge will cancel all debt obligations to the credit institution is zero. So what is meant by a winning court case? We are talking about the abolition of an unfair fine and inflated percentages. The main debt will have to be paid at least somehow.

In practice, the debtor "overgrows" with new amounts, interest and fines before his contract comes to trial. It may well be that they will add the same amount in addition to the loan, breaking it down into previously obscure fines and an overstated percentage. It is for this that they sum up: either a win or a loss.

In no case should you remain silent, because it is easier for everyone except you or your organization.

Advice! If you are not confident in your abilities, then you should contact a loan attorney. A professional considers similar cases in theory and practice every day. The lawyer will assess the situation soberly.

To achieve a result from the court session, one should still:

1. Prepare in advance the documents confirming the objective reasons for the delay. Every minute people lose their jobs, seasonally go into the army, unexpectedly sent for treatment. Anything that can be confirmed by a legal document will be counted. For example, an extract from the accounting department about the reduction of the official salary will be useful in the process.
2. Statement about. For a decent, good client, there is always an alternative approach. If there is no money for the promised monthly installment, then they offer debt restructuring from the very beginning. The main thing is to have confirmation on paper that the person tried not to aggravate, but he was refused. This document will also help in the trial.
3. ... It's about helping a third-party credit institution. Responsible, non-conflict borrowers always go the easy way, calling for help from other banks. But the court will not be positively affected if you organize the appearance of refinancing or restructuring. Judges deal with similar methods on a daily basis and, of course, immediately determine the further behavior of the debtor.

Winning the process, or at least getting rid of some of the unfair interest, can only be done by understanding the root cause of the debt. What "let you down" in front of the bank and is an argument in court, the main thing is filing, as well as the availability of correct documents and the absence of malicious intent.

How to challenge a court decision on a loan agreement

You can appeal the court decision if:

1. The process did not take place at the place of your registration.
2. There was no notification of the exact date of the trial.
3. The result of the court decision was determined without your presence, but there was no time for the court for a good reason (treatment, business trip, hospitalization, etc.).
4. Illegal requirements of the bank.
5. Error of a judge or judicial commission.

This list is rather narrow from the side of jurisprudence, it must be confirmed, justified on an individual basis.

A repeated court session or an appeal against the first act is not an individual whim, but a legal right of a citizen. The cost of fees for challenging a court decision is as follows:

1. Complaint (appeal or cassation) - 100 rubles.
2. Supervisory complaint - 200 rubles.
3. Application for cancellation of the decision of the arbitration court -1500r.

To challenge, you need to focus on the following:

• the correctness of the final calculation of the debt;
• whether a commission was charged from you in the process of payments or issuance of funds;
• the value of your property from the bank's point of view;
• fines presented with the statement of claim;

The most frequent proceedings are due to a forfeit. Moreover, the banks willingly cut the amount several times, because the representative of the credit institution declares in 9 cases out of 10 an illegally overstated amount of interest on interest.

Since 2010, borrowers have been prohibited from using compound interest on a loan in contracts, their use in the direct and indirect sense is excluded.

Also, for a delay in the mortgage payment, the bank does not have the right to demand early repayment in court if the payer has suffered a reduction in wages or dismissal.

What to do, if…

Notification not received by the debtor

According to the law, decisions cannot be made without confirmation of delivery of the summons. It happens that the defendant does not notice the summons. The addressee is often simply absent from the place of registration for a long time. It is in this case that the decision of the court with the bank will not be valid.

The man missed the trial, and the meeting passed without him

In practice, this situation is called correspondence. The court takes place only if the subpoena is accepted. And the defendant is indeed informed, but is not going to attend. Such an attitude, of course, is understandable, but if there is even a small part of doubts about the honesty of a credit institution, then the correspondence option for the defendant is predetermined in advance.

If suddenly the meeting in absentia took place without the knowledge of the defendant, then this changes the situation. It is imperative to appeal the outcome in court. And you need to act very quickly, meet in 9 working days... As a rule, the first court is a formal meeting of the two parties, where the bank representatives and the debtor discuss further actions.

There is no physical opportunity to go to court in the allotted time

All around people, so you can ask in advance and politely to postpone the date. But a good reason is needed, for example, illness, death of a loved one, temporary incapacity of the defendant, and so on.

No money for a lawyer

But there is time for free consultations, study of codes and articles on the Internet. Representatives or assistants in court, namely their presence, is not a mandatory process when it comes to overdue consumer loans. Professional support in a simple matter is not needed, at least because it is not beneficial to anyone.

On the other hand, since the beginning of 2015, amendments to the Federal legislation have been adopted, where private.

This action is called “personal bankruptcy”. The term is determined by the criteria: debt over 500 thousand rubles, delay over 3 years. You can declare bankrupt on your own, while the court officially declares bankrupt.

It is at this stage that individuals and legal entities can hire a professional lawyer or attorney. “Profitable” bankruptcy is possible because each debt situation is different.

Lawyers for a certain amount of money (from 10 thousand rubles) will draw up the necessary package of documents in order to present the debtor as a decent borrower.

The representative goes to court.

You can send a representative to a meeting only with a notarized power of attorney. Moreover, if the defendant doubts his own abilities, it is better to spend money on a lawyer, because there are no lawyers in civil cases. Article 48 and 49. Code of Civil Procedure of the Russian Federation.

Summarizing

If the court is on your side, and fines are excluded, then the main debt cannot be canceled. Everyone will have to pay what they promised. Also, in a judicial proceeding it is impossible to oblige the credit organization to revise the terms of the agreement.

If the court won the pot?

In the video below, lawyer Sergei Panasyuk tells what to do if the bank won the court.

There are other grounds for filing a claim in court:

1. If the bank mistakenly demands to repay the loan, when in fact the entire amount has already been paid.
2. When the bank unlawfully refuses to change the terms of loan repayment.
3. When the bank delays in providing the borrower with information about the available debt in order to take more money from him as a fine.
4. If the bank charges a commission (for example, for service), which the client was not informed about when applying for a loan.

How to make a statement of claim? The application must contain such important points:

1. Full information about the applicant (passport details, place of residence and registration).
2. Financial institution addresses (legal and actual) and other details: Central Bank license number, full name, TIN, BIK.

Where and how to write a complaint about illegal actions of bank employees

All this data is easy to get: you can ask the bank's hotline operator to dictate them.

• Description of the problem and the reason for the claim. The more details in the description, the better.
• List of the plaintiff's requirements.
The claim, like any document, ends with the signature of the applicant and the date of registration.

Only a small part of citizens have sufficient legal training to competently draw up a statement of claim. If you are far from jurisprudence, then it is better not to spare the money and entrust the writing of the application to a professional lawyer.
Where to apply? Where to apply? With the application, the borrower must go to his district court, and not to the branch that is closer to the central office of the bank. That is, the borrower can easily sue a bank located in another city.

Bank trial: david versus goliath?

Attention

You can apply in one of three ways:

1. By registered mail with receipt notification.
2. At a personal meeting with the judge.
3. Through the court office.

The statement of claim must be accompanied by a receipt for payment of the state duty. The amount of the fee depends on the amount of the citizen's claims, at least 400 rubles.

The borrower may prefer an arbitration tribunal to classical legal proceedings. Unlike the district court, the arbitration court is not a state body.

The arbitral tribunal engages an arbitrator, who can be an individual or a legal entity - it is the arbitrator who is responsible for passing the verdict. There is an important difference between arbitration courts and classical ones - a decision that is made by a court cannot be appealed and is final.

Individual entrepreneurship

What can be attributed to this category? The most common violation today is the transfer of the right to demand the return of funds to collection organizations, although such a provision is not provided for in any clause of the agreement between the citizen and the bank. Almost all of us have heard at least once that there are special companies that deal with calls and meetings with clients of financial institutions.
The purpose of such communication is to demand a refund. At the same time, requests of this kind are directed not only to the debtor himself, but also to his relatives, friends and acquaintances.
In this case, it is worth saying that the bank violates the obligation provided by law not to disclose the information about the relationship between the organization and the citizen to third parties - banking secrecy.

Application for challenging the actions of the bailiff

What is a complaint? This concept can be viewed in two aspects. First of all, this is the process of contacting certain persons for proceedings on the merits of the case and restoration of justice.

Secondly, a complaint against a bank's actions is a special document, which fixes all claims in relation to the activities of financial institutions and a petition for responsibility for such behavior. What are these actions for? First of all, in order to ensure the rights of every citizen to provide and use financial services.

All banks in the Russian Federation operate on the basis of unified legislation, which contains clear rules in relation to and regulation of their activities. Therefore, if organizations do not adhere to this order, they should be held accountable.

Where can you complain about the bank?

The bailiff-executor in the court session will have to prove that his actions comply with the law. The state duty when filing an application to the court is not paid.

Please note that the term for appealing actions (inaction) and decisions of the bailiff is 10 days from the day when it became known about the contested action. If the deadline is missed, it is advisable to immediately write a petition with a request to restore the deadline for appealing against the actions (inaction) of the bailiff.

We offer a sample application for challenging the actions of the bailiff. B (name of the court) from (name of the applicant, address) Interested person: (name, address of the bailiff-executor)

Complaint against actions of banks and other credit organizations

Court with a bank Russians constantly have to deal with unscrupulous credit institutions. Every borrower is trying to impose insurance and additional services in every possible way, which the citizens themselves do not need, but the bank is allowed to make money literally "out of thin air."

Info

This problem is now more urgent than ever - if earlier only little-known companies were engaged in credit fraud, now you can face fraud when contacting a branch of a large bank. If the problem with the bank cannot be resolved peacefully, one solution remains - to sue the bank.

After reading this article to the end, you will know everything about the procedure for filing a claim against a bank.

A huge number of people remain dissatisfied with the level of services of such institutions, the behavior of workers, etc. Therefore, it is worth focusing on how you can challenge the organization's activities or the behavior of its employee.

Especially for this, the legislator has provided for a complaint procedure. We will consider what this process is and how to properly arrange it later in the article.

Recently, quite often people are faced with the unprofessional activities of financial institutions. Unfortunately, not all organizations in our country are accustomed to working by the rules, especially when it comes to money.

Therefore, in order to provide a legislative basis in relation to the rights and interests of a citizen, a special procedure was created for contacting authorized bodies and authorities.
However, on the basis of the established judicial practice, we can say that the court hardly recognizes this circumstance as an objective reason. Moreover, early termination of the agreement implies the early return of the balance of the borrowed amount to the bank, and this is exactly what the borrower usually wants to leave by suing the bank. Do not try to cheat and avoid fulfilling obligations - it is better to spend your energy and time looking for a common, compromise solution to a difficult situation. By going to court, you run the risk of being left with a lot of debt (if you lose).
A peaceful solution should be a priority, because the court is equally disadvantageous for each of the parties. Bank claim: form and sample Download the claim form: Bank claim (format, docx, size 18.6 Kb) Sample bank claim (format, docx, size 17.8 Kb) (No ratings yet) Loading ...
On September 15, 2015, subsection III of the Code of Civil Procedure of the Russian Federation became invalid, the Code of Administrative Procedure of the Russian Federation came into force. From that time on, complaints about the actions of bailiffs-executors must be formalized as administrative claims.

A sample of an administrative claim against the bailiff-executor can be found here. An application for challenging the actions of the bailiff-executor is submitted to the district (city) court. A complaint against the actions of the bailiff-executor, on the decisions of the bailiff must be submitted to the court, where the bailiff-executor acts.

All complaints are written according to the presented sample. The complaint is considered by the court in accordance with the rules established by Chapter 25 of the Civil Procedure Code of the Russian Federation. This means that the processing time is only 10 days.

Therefore, in order to complain about a credit institution to the Central Bank, the applicant must have good reasons, for example:

• The bank violated banking secrecy, disseminated the borrower's personal data and information about his documents;
• The bank did not fulfill the conditions for opening deposits and accounts;
• The bank issued an unmotivated refusal to issue a bank card;
• The bank does not provide the client with information about the services.

A complaint is submitted to the Central Bank as follows:

• By electronic application when filling out a special form on the official website of the Bank of Russia;
• By letter to the Bank's head office at the address: Moscow, Neglinnaya, 12, 107016.

Information about the phone numbers and addresses of the Bank of Russia - here.

At the very end, the document is signed directly by the applicant himself. Also, you need to put a date. This should be the day the document is submitted to a specific representative office, not the day it is written.

The application itself and all documents that are attached to it must be submitted in two copies. One of them remains directly in the circulation body itself, and the second is sent to the bank to review the claims.

In addition, if a citizen wishes to have confirmation of the fact that his complaint has been accepted, he can submit an additional copy. On it, the employee will put a mark on the acceptance of the application. It must contain his name and date of filing.

As we can see, drawing up an application is absolutely not a difficult process. More important is to have an evidence base.

The larger the amount you owe, the higher the likelihood that the bank will eventually sue. If the judge takes the side of the bank and makes a decision that is unfavorable to you, you have almost no chance of rectifying the situation. Thus, it is important to clearly plan your actions as soon as the loan case appears in court. As practice shows, the best option is to immediately consult with a credit attorney.

How can you verify that the bank has filed a lawsuit

Usually, the borrower finds out that the bank is suing for non-payment of the loan when he finds a subpoena in the mailbox. This is almost certainly a real document (there is no need for a bank or collectors to forge it), but if in doubt, you can easily verify its authenticity. To do this, you need to find on the Internet the site of the court from which the summons came, and in the section "Court proceedings" use the search by name. If your loan case is valid in this court, you can get basic information on it right on the website, as well as specify the date and time of the meeting.

In some cases, instead of being sent a subpoena by mail, you may simply get a call from the court office. Naturally, under the guise of court employees, they may call from a bank or collection agency to put pressure on you. Sometimes borrowers openly call from the bank and say that a claim has been filed in court, but it is not too late to settle everything in an amicable way. In any case, if you find out about the upcoming trial by phone, try to find out the exact name of the court, the date and time for which the meeting is scheduled. Then you can go to the website of that court and check all the information.

The subpoena has a blue seal and is handwritten. If the agenda is printed on the printer, this is a sure sign of forgery.

If you don't know the name of the court, there are several options to check, as each court has its own website. First of all, you need to determine to which territorial court your place of residence belongs, as well as the location of the bank. In addition, you will need to check if a specific court is listed in your loan agreement. If your last name is not mentioned on the websites of these courts, then almost certainly the bank has not filed a claim for your loan.

How to understand what the loan court threatens

If a bank is suing for non-payment of a loan, the first step is to assess the scale of the problem. To do this, you need to go to the court office and ask for the materials of your case for review. As a rule, for this it is enough just to present a passport, but sometimes they are also asked to fill out an appropriate application - there is nothing to worry about, all these details will be told to you on the spot. The documents issued to you can be read directly in the court office, but it is better to just take a photo of them in order to study them later in a calm atmosphere.

The first document that you should pay attention to when studying the case materials is the bank's statement of claim. The statement of claim describes the circumstances of the case from the point of view of the bank, but most importantly, it indicates what the bank wants from you. In other words, it is in the statement of claim that you can find the amount that the bank demands from you through the court. In addition, in the case file you can find other documents provided by the bank to confirm their claims - a loan agreement with a payment schedule, an account statement, tables with debt calculation, etc.

After reviewing the case materials, you must decide whether you are ready to pay the specified amount. It directly depends on whether you contact a credit attorney or not. If you do not have a legal education, in court you will not be able to independently confront the bank's lawyers who specialize in credit matters. It is useless to press on pity and talk about a difficult life situation in court, only clear arguments with references to laws are taken into account. For this reason, the refusal to use the services of a credit attorney, as a rule, leads to the fact that the judge will rule in favor of the bank.

How are court hearings in a loan case

A court with a bank on a loan (like any other civil court) takes place in two stages: first a preliminary hearing, then a main hearing. At the same time, several court sessions may take place within the framework of the main hearing. More precisely, the meeting can be postponed if all the conditions for starting the process are not met. Thus, you or your loan attorney will need to go to court 3-4 times or even more. The duration of each meeting depends on many circumstances and can vary in a very wide range - from 10-20 minutes to several hours.

So the first meeting happens to the judge at the preliminary hearing. The start date and time of this meeting should be indicated on the agenda you received; you can also check the date and time on the court's website. In principle, you can come to the preliminary meeting on credit matters "empty-handed", without any pre-prepared documents. There is no need to be afraid of a preliminary hearing, since no serious decisions are made there. In fact, an ordinary person (not a lawyer) can take out only one thing from the preliminary hearing - on what day and time the main hearing will be scheduled.

The main hearing differs significantly from the preliminary hearing both from a legal and an everyday point of view. Firstly, you can no longer come "empty-handed", at this step it is imperative to prepare objections to the bank's claims. Simply put, you should write in legal language why the bank is wrong and what you want from the judge. Also, as a rule, you need to attach detailed tables with your version of calculating the remaining debt, which complies with the law and which you are ready to pay. If for some reason you did not prepare such documents (or prepared them illiterately), then you can consider that the court is lost.

Secondly, as part of the main court hearing on non-payment of the loan, you will have to answer the "tricky" questions of the bank's lawyers and, possibly, the judge. It is important to remember that only those answers that are based on the letter of the law, and not on everyday considerations, will be taken into account. Stories about a difficult life situation, not supported by legal arguments, often cause a negative reaction from the judge. If they try to pity a person every day for many years - believe me, sooner or later it starts to annoy him.

Thirdly, the outcome of the main hearing is a final decision that is binding on all parties. In other words, after several sessions the judge says that citizen Ivanov must pay the Khrenobank bank a million rubles (or three million if citizen Ivanov was unable to defend his interests competently). And if the debtor does not fulfill this decision voluntarily, the bailiffs will already knock out the money. Unlike a bank and collectors, the bailiffs have all the necessary tools not only to ruin your life, but also to receive the entire amount specified in the court decision.

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Remember that the court's decision entirely depends on how competent the documents will be provided by you and how clear the arguments you (or your lawyer) will select during the meeting. If you do not have a legal education, we strongly recommend that you do not even try to do it all on your own. You will be opposed by the bank's specialized lawyers, who are suing for such cases every day and can easily "crush" you with references to the loan agreement and laws. If you do not agree with the requirements of the bank and really want to challenge them, you inevitably need to contact a lawyer for help in court for a loan.

What happens to the debtor after the court decision on the loan

So, the court ruled that you must pay the bank a certain amount of money. Is it possible to challenge a court decision on a loan or to evade its execution? Unfortunately, at this moment there was almost no room for maneuver. Formally, you can file an appeal, but, as practice shows, this will not change anything and the decision of the “first” court will remain in force. An appeal only makes sense if, for some reason, you want to play time legally (this way you can win up to two months). In addition, through the court, you can get a small installment plan - as a rule, 3-4 months, no more.

The gained time is advisable to use in order to collect the required amount or at least part of it. If you do not have money, but have a car, home appliances or electronics, then it is better to sell them yourself. Otherwise, they will still be seized by bailiffs and sold - but much cheaper. After the court's decision on non-payment of the loan has been made, we do not recommend that you "rewrite" apartments, cars and other property to relatives and friends. Firstly, such transactions can be challenged, and secondly, you can already be charged with a criminal offense - fraud.

If you cannot pay the full amount even after the sale of the property, get ready for new problems. Most likely, the bailiff service will "talk" with your employer. As a result, a portion of your salary will be withheld and paid towards your liability. In addition to financial troubles, this will inevitably create difficulties in relationships with colleagues and management. In other words, if the court ruled not in your favor, serious problems await you, and it will no longer be possible to correct the situation. To avoid this, you need to seek the help of a specialist as soon as you find out about the court with the bank.

How to win a court loan from a bank

First of all, you need to explain what exactly it means to “win” or “lose” a court on an overdue loan. If you took out a loan, but did not repay it in accordance with the terms of the agreement, then almost inevitably the court will confirm that you owe the bank a certain amount. Exceptions to this rule are extremely rare (for example, when limitation period for a loan), and it is better not to rely on them. The difference between “winning” and “losing” is how much the judge will indicate in his decision.

As a rule, until the case comes to a court decision, the bank manages to calculate astronomical interest and fines for the borrower for violating the payment schedule. Sometimes these interest and late fees are several times higher than the entire loan amount originally issued by the bank. If there are no competent objections on your part, then it is likely that the court will fix this entire amount, together with interest and fines, in its decision. If you involve a credit attorney who will prepare the necessary documents and protect your interests in the trial, then the total amount in the judge's decision may decrease several times.

A credit attorney can quickly assess the prospects of your case and give specific assessments of how much you can reduce the bank's claims. You can call our specialists right now and get a short consultation by phone. However, for a more detailed analysis, we recommend that you come to a personal appointment, taking with you all the available documents (loan agreement, payment schedule, account statement, etc.) Believe me, if the issue with the loan reached the court, then without the help of a specialist you will not get by, and the costs of a lawyer will pay off several times over.

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