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Benefits of Micro-Surety: Borrower's and Guarantor's View of Suretly
Suretly is a revolution in the online loan market.
When applying for a loan, the applicant may face not only the mandatory requirements of the bank, but also with his wishes, which increase the cost of servicing the loan. Additional services are practically imposed on a new client, he has to pay in order to borrow the desired amount.
Usually such a situation develops with insurance, and the lender requires the potential borrower to issue several insurance policies at the same time - both life and property, and financial liability. Does the borrower need it himself and what will bring, besides unnecessary expenses?
Why do you need insurance?
Any insurance is primarily to protect the interests of borrowers and their financial position. The type of policy determines the cases when it is the client who is entitled to payments:
Property insurance provides compensation for damage sustained by the insured assets;
title insurance protects against loss of ownership due to problems with the transaction;
personal insurance involves deductions for disability or death;
insurance of the borrower's liability to the bank or third parties, which will cover all obligations at the expense of the insurer;
financial insurance, on which you can receive payments in case of loss of a source of income or a decrease in solvency, dismissal from work, jumps in exchange rates.
The advantages of insurance should include precisely this property - protection of the borrower's wallet from unplanned expenses due to unforeseen problems. Another plus - the client does not spoil his credit history and relations with the bank, and also does not lose the collateral, the problem is resolved by the insurer.
But the disadvantages, in addition to regular insurance premiums, include the fact that the lender controls insurance compensation... With the simultaneous conclusion of a loan agreement and an insurance agreement, the bank is indicated as the beneficiary under the policy and upon occurrence insured event it is he who determines where the funds will be directed - to cover damage and repair property, treatment or other expenses of the borrower, or directly to repay the loan.
When you can't do without insurance?
In accordance with the law on mortgages, it is obligatory to insure the subject of the pledge, under which the borrowed funds are provided. An encumbered property must be insured against major risks of loss or loss of part of its value.
There is no legislative requirement to take out such insurance for a car loan - the conclusion of a CASCO agreement is a condition for obtaining more favorable loan with a low rate, and the choice of such a product or refusal from it is solely the desire of the client. But CASCO is a useful insurance that maximally protects the interests of the borrower.
But sometimes insurance is useless - according to the terms of the contract, it is simply impossible to obtain any effective protection - its effectiveness is zero, but money has to be regularly spent on prolonging relations with the insurer. An example of such a policy is insurance of goods purchased on credit, because all damage is covered by warranty service.
Personal life insurance is not compulsory, but the bank enforces it in every possible way, increasing base rate upon refusal of this policy or even making a negative decision on the application without providing this policy.
How to get money back for insurance?
A refund of money paid for insurance is possible in two situations:
Early repayment of the loan - money can be returned only for the unused period of the current policy (issued for a year);
refusal of the imposed service - you can terminate the contract with the insurer within 30 days from the moment of its conclusion or at any time according to the court, the funds can be paid almost in full for the entire period of using the policy even after the loan is repaid.
You should start with a statement in insurance company with a request to return the money spent on the policy. The insurers do not give up on the first try, so you should continue with a complaint to Rospotrebnadzor and an appeal to the court. As the grounds for the refund, you can cite an indication in the loan agreement about the continuity of insurance and obligations to the bank - this will be evidence of the imposition of services.
It is not necessary to explain the termination of the insurance contract within the first month after its execution, but you must be prepared for the fact that the conditions active loan if the insurance is canceled, it may be revised and the cost of using the borrowed funds will increase.
Not only insurance can be imposed by the lending bank when issuing a loan. Excessive costs in obtaining loan products may also include the costs of paying for the appraisal of the value of the collateral and services for checking it legal purity, payment for the issuance and maintenance of the card, as well as numerous commissions and fees during the period of using borrowed funds.
Finally, when applying for a loan, be careful, do not rush to rejoice at the very fact of loan approval, do not hesitate to ask clarifying questions and remember that additional services are often optional, even if the bank employee says otherwise.
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Lawyers Answers (9)
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fee31%Lawyer, Moscow
Chat- 10.0 rating
- expert
Now the question is: how can I subsequently refuse the service imposed on me, while it is desirable to punish those responsible. Recovery of any moral damages, etc. is not obligatory. Thanks in advance…
AlexanderGood day.
Imposing additional services are expressly prohibited by law:
Law of the Russian Federation of 07.02.1992 N 2300-1 (as amended on 13.07.2015) "On protection of consumer rights"
2. It is prohibited to condition the purchase of certain goods (works, services) on the compulsory purchase of other goods (works, services). Losses caused to the consumer as a result of violation of his right to free choice of goods (works, services) are reimbursed by the seller (performer) in in full.
You can refuse them in any case, the money paid in this case can also be returned.
To do this, you just need to write them a notification of the refusal of the service unilaterally.
Law of the Russian Federation of 07.02.1992 N 2300-1 (as amended on 13.07.2015) "On Protection of Consumer Rights" Article 32. The right of the consumer to refuse to execute an agreement on the performance of work (provision of services)
The consumer has the right to refuse to fulfill the contract for the performance of work (provision of services) at any time, provided that the contractor has actually incurred expenses related to the fulfillment of obligations under this contract.Was the lawyer's answer helpful? + 1 - 0
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Lawyer, Serpukhov
Chat- 8.9 rating
The manager openly stated that if I want to receive everything on time as soon as possible, I need to become a VIP client of the bank
AlexanderWas the demand verbal? Likely this item will be either in the terms of the contract, or will be attached to the main contract add. an agreement that you have the right not to sign, because you do not need these services.
Require to provide a regulation which states that this requirement is mandatory when applying for a mortgage
In this case, these requirements contradict the legislation.
Article 16. Invalidity of the terms of the contract infringing on the rights of the consumer
[Law of the Russian Federation "On Protection of Consumer Rights"] [Chapter I] [Article 16]
1. Terms of the contract that infringe on the rights of the consumer in comparison with the rules established by laws or other legal acts Russian Federation in the field of consumer protection are invalidated.
If, as a result of the performance of a contract that infringes on the rights of the consumer, he has suffered losses, they are subject to compensation by the manufacturer (performer, seller) in full.
2. It is prohibited to condition the purchase of certain goods (works, services) on the compulsory purchase of other goods (works, services). Losses caused to the consumer as a result of violation of his right to free choice of goods (works, services) are reimbursed by the seller (executor) in full.
It is forbidden to make the satisfaction of the requirements of consumers presented during warranty period, conditions not related to shortcomings of goods (works, services).At the moment, I have given verbal consent to this, the process of registration has accelerated significantly.
AlexanderWhen signing documents, read them carefully so that you do not sign the very conditions that were imposed on you.
On the text of the document you have the right to write that you do not need these services, date and signature (for all copies)
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fee39%Lawyer, Moscow
Chat- 10.0 rating
- expert
Hello. You need when signing a mortgage agreement and contracts for additional. services refuse add. services.
For example, you can record your conversation with the manager on a dictaphone. If she insists on making additional. services, complain to the head of the bank branch and threaten to file a complaint with the Central Bank and Rospotrebnadzor, indicate that the conversation was recorded and the recording will be attached to the complaint. Cite that the Law on Consumer Protection impose additional. services are prohibited.
Article 16. Invalidity of the terms of the contract infringing on the rights of the consumer
1. The terms of the contract that infringe on the rights of the consumer in comparison with the rules established by laws or other legal acts of the Russian Federation in the field of consumer protection are recognized as invalid.
If, as a result of the performance of a contract that infringes on the rights of the consumer, he has suffered losses, they are subject to compensation by the manufacturer (performer, seller) in full.
2. It is prohibited to condition the purchase of certain goods (works, services) on the compulsory purchase of other goods (works, services). Losses caused to the consumer as a result of violation of his right to free choice of goods (works, services) are reimbursed by the seller (executor) in full.
It is forbidden to condition the satisfaction of the requirements of consumers, presented during the warranty period, with conditions not related to defects in goods (works, services).
(the paragraph was introduced by the Federal Law of December 21, 2004 N 171-FZ)
3. The seller (performer) is not entitled to perform additional work, services for a fee without the consent of the consumer. The consumer has the right to refuse to pay for such works (services), and if they are paid for, the consumer has the right to demand from the seller (executor) the return of the amount paid. The consumer's consent to perform additional work, services for a fee is drawn up by the seller (performer) in writing, unless otherwise provided by federal law.So the main thing is not to sign additional. services as long as you have only verbally agreed and there is no obligation. If you sign it, it will be much more difficult to prove the imposition.
There is one negative point here. You can simply get a mortgage without explaining the reasons for refusing.
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Lawyer, Irkutsk
ChatHello.
how to subsequently refuse the service imposed on me, while it is desirable to punish the guilty.
AlexanderYou did not sign any documents for the provision of the service, and therefore you simply have nothing to refuse. The manager wants to receive a bonus for attracting a VIP client of the bank (such incentive payments are provided in banks) and therefore creates such conditions for you. Most likely, the bank's management is not aware of such actions of the manager, and if you file a complaint against him with the bank's management, then the manager is more likely to take disciplinary action. You also have the right to demand replacement of the manager.
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Lawyer, Kazan
ChatTo do this, I must conclude an agreement with the bank to provide me with a decent cost Personal Attorney-type service during the year. At the moment, I have given verbal consent to this, the process of registration has accelerated significantly. Now the question is: how can I subsequently refuse the service imposed on me, while it is desirable to punish those responsible. Recovery of any moral damages, etc. is not obligatory.
AlexanderGood afternoon, Alexander! have you signed anything regarding additional services?
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Lawyer, Serpukhov
Chat-
Despite the fact that Rospotrebnadzor legislatively would have won the war for imposing bank charges, in practice things are not so good and clients still have to fight off paying for numerous additional services. Portal "Kredity.ru" tells about what banks come up with so that we pay more on loans.
Commission
Rospotrebnadzor defended the right of borrowers not to pay commissions for the issuance and use of a loan. But now banks are trying to compensate for the "underpayment" of these payments by paying an additional payment for insurance. Moreover, despite the ban on fees by antitrust authorities, many financial institutions continue to practice such surcharges. Banks can indicate in the loan agreement the interest for opening and maintaining a credit account, and this leads to an increase in the cost of services.
Insurance
One of the additional services that borrowers don't like is insurance. Lenders with special love try to insure the client against various misfortunes. Moreover, the amount of insurance is rather big. For example, in Renaissance Credit Bank, the borrower was counted on insurance for a three-year loan in the amount of 27% of the total loan amount. Situations when customers are forced to take out insurance under the pretext that this is a mandatory service and without it the bank will refuse a loan, arise very often. It often happens that a gullible client is promised in words that the insurance is free, and later it turns out that the credit manager simply deceived the person and the latter will have to pay money for his carelessness. Sometimes bank managers assure that after signing the contract it will be possible to refuse insurance, but in reality this can no longer be done.
Those lenders who nevertheless fear to enter into an open conflict with the antimonopoly services take out insurance not through a loan agreement, but through an additional agreement. It even happens that the bank charges a commission for the loan and insurance premium, but also requires an additional payment for joining the insurance program. And this surcharge is several times more than the premium itself.
"Kredity.ru" remind: all additional services can be issued only at the request and consent of the client
Credit cards
Bank managers got the hang of imposing on clients credit cards... But this is the most likely way to get into debtors of the bank.
The issuance of credit cards necessarily follows assurances that the service is free of charge, even when the credit card is activated. The client agrees, but does not even think about using the card or even simply forgets about its existence. Then an unpleasant surprise follows - he learns that the free service has ended long ago, and the lender has already charged interest and fines on the non-activated credit card. And it's also good if the borrower found out about this in time and managed to refuse the card. But it also happens that the bank increases the credit limit on the card without notifying the client, which is also not very pleasant.
It is also very unpleasant to learn about issued credit cards "automatically" without the knowledge and consent of the client. For example, this is possible when applying for a salary card. The credit card is simply issued as an appendage, and the client does not know anything about it. Or the manager is chasing the plan and issues credit cards to people in the bank's database. There were even cases when bank employees even used such "automatic" credit cards themselves, and then court proceedings and criminal cases followed.
Mobile bank
Mobile banking is a convenient service, but not always necessary. Some people prefer not to mess with her. But sometimes banks insist on connecting it, and the client is forced to pay for using this service. For example, in "Sberbank" monthly debits from the account for 30 rubles for the service of a mobile bank.
SMS notification
This service is also often outside the client's desire. And you have to pay for it. For example, one reminder of the approaching loan payment date costs approximately 50 rubles.
Anfisa Khramova, expert editor
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received
fee31%
Lawyer, Barnaul
Chat
Hello, Alexander.
In this situation, it will be very difficult to prove the imposition of additional services by the bank. You didn’t write a complaint to the bank about the poor quality work of their specialist.
Everything will be blamed on a careless specialist.
You have the right to refuse to execute the service agreement unilaterally.
Civil Code of the Russian Federation
Article 782. Unilateral refusal to perform a contract for the provision of services for compensation
1. The customer has the right to refuse to execute the contract for the provision of services for a fee, subject to payment to the contractor for the expenses actually incurred by him.
2. The contractor shall have the right to refuse to fulfill his obligations under the contract for the provision of services for compensation only on condition that the customer is fully reimbursed for losses.Law of the Russian Federation of 07.02.1992 N 2300-1
"On Protection of Consumer Rights"
Article 32. The right of the consumer to refuse to perform the contract on the performance of work (provision of services)
Yours faithfully! G.A. Kuraev
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