How not to pay commission to the bank. What commissions can not be paid to the bank. How to legally not pay a bank loan

Ran into one situation, seems to be a dead end. Can anyone give a qualified answer to this problem.
The essence of the problem: there are traffic police fines that violators of traffic rules are required to pay, there are financial and other organizations through which these fines are transferred to the budget. Judging by the fact that the Intermunicipal Department of the Ministry of Internal Affairs of the Russian Federation is the direct recipient, the fines replenish the local budget. All these financial and other organizations collect from the payer of the fine, the so-called commission, which is quite natural in the capitalist form of relations. However, I do not understand why there is no alternative - not to pay this commission? Those. there is no possibility of paying the fine in cash, and thus not paying this very commission. I applied in writing to the traffic police, where they answered me that the traffic police only issue protocols on adm. offenses and accepting fines is not part of their function. The Office of the Federal Treasury for the Sakhalin Region and the City Assembly referred to paragraph 3 of Art. 32.2 of the Code of Administrative Offenses of the Russian Federation where it is written in black and white:
3. The amount of an administrative fine is paid or transferred by a person brought to administrative responsibility to a credit institution, including with the involvement of a bank paying agent or bank payment sub-agent operating in accordance with the Federal Law "On the National Payment System", a federal postal service organization or a payment agent operating in accordance with Federal Law No. 103-FZ of June 3, 2009 "On the activity of accepting payments from individuals carried out by payment agents".
(Part 3 as amended by Federal Law No. 162-FZ of June 27, 2011)

Those. it turns out that the inability to pay a fine in cash and thereby avoid paying a commission to a credit institution is enshrined at the legislative level??? The money, of course, is not big, but the situation itself is not democratic - citizens are forced to pay through financial and other organizations and thus are forced to pay for this service. As an example: I paid a fine of 100 rubles twice and Sberbank took a commission of 20 rubles from me for the operation, i.e. 40 rubles. It can be stated that the punishment does not correspond to the violation - instead of 200 rubles, I paid 240. And I don’t want to pay moneylenders even a penny, I don’t want to suffer a punishment that does not comply with the norms of the RF Code of Administrative Offenses. I am sure that every sane person will agree with my opinion.
Question: how can I avoid the commission service imposed on me and not break the law? When paying the next fine, I included in the amount of the fine and the amount of the commission, but this is the solution to the problem. Ultimately, I can become a malicious evader from the execution of decisions of an administrative body represented by the traffic police with the ensuing consequences.
Which authority should I contact for official clarification? Logically, it turns out that the Constitutional Court, or what? Or our local? In what form to file a claim then?
Thanks in advance to all who respond.

Many believe that the money they have invested in the bank is simply “stored” there, and the clients themselves remain the owners. Therefore, if a person decides to withdraw his funds, bankers are obliged to immediately and without any commissions issue this money in any convenient way for the consumer. But that's not the case at all.

Cash out at the bank

The money deposited to the deposit account is placed at the disposal of the credit institution, in exchange for them they undertake to give the client a certain amount on the conditions prescribed in the contract. If the bank pays interest on the deposit, then the depositor will receive more than he gave. But there are also reverse situations: in some cases, bankers will return to the client less cash than he deposited into the account (or deposit), which usually happens when the agreement for opening a deposit in a bank is terminated early.

Usually, when issuing money in cash from the bank's cash desk in the office, a commission is taken. This is how banks motivate customers to use cheaper (for a bank) ways to receive money - non-cash payments or cash withdrawals from an ATM.

Another popular way is a commission for receiving large amounts of cash at the checkout. It can be a certain percentage of the amount (for example, 0.6%) or have a minimum value, regardless of the amount (say, 0.6%, but not less than 250 rubles). Also, a financial institution may impose commissions for withdrawing cash received on the account by transferring money. Such commissions are introduced to protect against money laundering, often of a criminal or semi-criminal nature. For example, a bank takes a special commission for withdrawing cash that has been invested for a period of less than 30 days.

How to cash out money in a bank and not pay a commission

There are two ways to avoid paying commission. First: initially look at certain conditions in bank rates and choose a credit institution for opening an account with a commission that is zero or acceptable specifically for your case. For example, you most likely will not have amounts in excess of 200,000 rubles in your account, and the bank charges a commission only for receiving amounts of a million or more. Then there is no need to keep track of changes in tariffs in order to prevent a potential worsening of conditions.

The second way: when there is a commission, you should use other cash withdrawal methods - ATMs of this credit institution or a transfer to a bank account that allows you to withdraw funds at the cash desk for free.

This information may seem obvious to experienced banking clients, but, as practice shows, people who have not encountered such a problem are upset by the need to pay a commission to the bank for the withdrawal of "own" funds. Especially when it comes to significant amounts, because the commission on them can be very sensitive. Also, many are accustomed to withdrawing funds from an ATM for free and “automatically” distribute this free of charge to receive money at branches. You still need to understand the difference between getting cash at the cash desk of a bank office and issuing money from an ATM.

When concluding a loan agreement, you always receive a payment schedule that must be observed. Its violation will lead to the fact that the bank will apply penalties to you, which are also spelled out in the loan agreement.

The borrower undertakes to make the monthly loan payment on time and in full. All this leads to the fact that the borrower may inadvertently violate the payment schedule, as a result, the bank will impose a fine on him and may record the fact of overdue payment in the credit history. Here we will figure out how to make monthly loan payments correctly.

It must be attached to the loan agreement. You will receive the main information on payments from this document, so take care of its safety until the loan debt is completely closed.

What problems arise when paying a loan?

Funding methods

1. online transfer from bank cards.
2. through third-party payment terminals;
3. using money transfer systems;
4. transfer to the Russian Post;
5. through terminals or ATMs of the lender with the cash-in function (cash acceptance);
6. non-cash transfer through a third-party bank;

• Conditions of the current contractual relationship.
• The principles of operation of the service or organization that carries out the money transfer.
• The existence of a contractual relationship between the relevant organization and the creditor.

Sometimes a credit institution, for the convenience of customers, offers several options for free payments other than the cash desk.

The payment schedule is a table that reflects all aspects of the loan repayment.

Some banks impose a commission even on crediting through the cash desk, leaving only cash-in ATMs free.

Krasnoyarsk

When paying through the cash register, they take a commission from me for paying the loan!

Federal Laws of December 17, 1999 N 212-FZ, of December 21, 2013 N 363-FZ) “since making such a payment (similar payments) is not a right, but an obligation of the borrower associated with the need to repay credit debt, in connection with which the actions of the bank upon the completion of such an operation(s) do not directly create a separate property benefit for the borrower, do not

How to legally not pay a loan?

Can I not pay interest on a loan?

Do they have the right to do so? I believe that this commission is illegal, Article 16. Invalidity of the terms of the contract that infringe on the rights of the consumer (as amended by

The easiest and perfectly legal way to avoid paying interest is to use a credit card with a grace period.

Usually this period is 30-50 calendar days, and in order not to pay interest, you only need to have time to return the principal amount to the bank during this period. If the borrower fails to meet this period, the accrual of interest automatically begins. Considering ways to reduce interest on a loan, it must be said about the interest charged by the bank for the delay in making the next payment.

Such interest is called a penalty.

It is possible to reduce the amount of the penalty in court if the court comes to the conclusion that it is clearly disproportionate to the violation committed. Suppose the question of how to legally not pay a loan has recently appeared to you.

5 ways to not pay a loan legally

What to do if there is nothing to pay the loan?

What to do if there is nothing to pay the loan? Tip: if a person has exhausted all the resources to pay off the debt taken, he is like individual has the right to apply for bankruptcy. In general, not paying the loan will not work in any case. Each financial institution is insured against such situations and prescribes conditions in the contract that will protect it from large losses. If the borrower refuses to make loan payments, changes his place of residence, hides, this will not alleviate the situation, but, on the contrary, will aggravate it.

The general limitation period starts from the date of the last payment and lasts for 3 years. During this period, the bank has the right to sue the debtor, transfer the debt to a third party - a collection agency (such companies often operate outside the legal field, but few borrowers are well aware of their rights and can resist their actions).

What commissions can you not pay to the bank

The borrower can dispute a number of commissions and additional services when taking a loan For a free service, you can also take money SMS free.

However, in reality, many banks take money for this, motivating their position by the fact that they expand and supplement this particular service (mobile bank, client access to their account via mobile, etc.).

Pay the bank 45 thousand instead of 5 You can refuse the commission and the imposed service if you do it in a timely manner. For example, a person received a loan, came home and saw that there was a large amount of insurance.

He came back to the bank and wrote a statement about the refusal of the insurance service.

Non-payment of a loan to Sberbank: what threatens bad debt?

In case of non-payment of a loan, a penalty is charged to Sberbank, and in the event of a long delay, the client risks becoming a participant in litigation and may eventually lose collateral. The Onlinekredit-Zayavka.ru portal will tell you about what a delay can lead to.

If it is impossible to pay money in a timely manner, you should try to close the debt as soon as possible. If the payment is not received, the bank will fine the client.

Now the collection of the penalty has been streamlined, so we are no longer talking about hundreds of percent per annum for each day of delay. However, additional costs are inevitable. Unlike some other market participants, deferral of payments in Sberbank is not practiced for everyone.

How not to pay a loan legally in 2019

Due to the abundance of enticing loan programs, many Russian citizens have more than one outstanding loan.

Having overestimated their strength, they are interested in how not to pay loans legally in 2019 and whether such a possibility exists in principle. Let's make a reservation right away, the article is not intended for scammers or people who want to take loans from institutions and disown them.

The article is intended for borrowers who have nothing to pay the loan and they legitimately want to terminate their obligations and stop the pressure of the lender. By signing the loan agreement, the borrower assumes the obligation to comply with the established payment schedule and their amount.

If there is nothing to pay, it is necessary to understand at what stages the bank influences the debtor: Reminder over the phone about the need to pay debts; Appeal to relatives, guarantors, employer, if the client has changed his number and avoids talking with employees; Personal visit to the debtor at the place of residence, holding a conversation, clarifying the situation; Transfer of the client's debts to collectors or special agencies providing collection services; Writing a lawsuit.

How to return the commission on the loan

Calculating payments on a bank loan is quite simple, knowing the interest rate, the estimated term and the planned loan amount. But often, in addition to interest on the loan, the bank makes conditions for the payment of various additional commissions in the loan agreement. They can be one-time or monthly.

Commission for opening a loan account; Fee for maintenance (maintenance) of a loan account; Commission for the issuance (provision) of a loan; Commission for the provision of financial services for issuing a loan. In accordance with Art. 819 of the Civil Code of the Russian Federation, under a loan agreement, the bank undertakes to provide the borrower with a loan 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.

Banking commissions are one of the significant income items of a credit institution. In 2013, banks collected RUB 745.5 billion from citizens and legal entities. commissions only within the framework of credit programs - such data are contained in the materials on the reporting of the banking sector posted on the website of the Central Bank. Fee revenue grew by 16.4% year-over-year compared to 2012. Sberbank (212.8 billion rubles), Alfa-Bank (35.1 billion rubles) and Russian Standard (22.6 billion rubles) earned the most on commissions.

The appetites of banks have been repeatedly tried to curb legislatively - for example, now a rule has been adopted that the bank is obliged to inform the client about the status of his account (replenishment and debiting of funds) via SMS free of charge. However, in reality, many banks take money for this, motivating their position by the fact that they expand and supplement this particular service (mobile bank, client access to their account via mobile, etc.).

Many of these commissions have been challenged in court more than once. First of all, we are talking about such as commission for issuing a loan, commission for considering a loan application, for opening an account, for maintaining a loan, for maintaining and servicing an account (monthly and one-time), commission for connecting to an insurance program, for operational maintenance of an account, for settlement and cash services, for enrollment Money and others. With the help of an experienced lawyer, this money can be returned to the bank's client. The statute of limitations is three years, and if you paid legally dubious commissions in 2011, you still have time to challenge them. Before going into conflict with a bank over paying a commission, one should carefully study the relevant consumer Internet forums, the information that people report about their relationship with this bank, says Alexei Drach, an expert at Finpotrebsoyuz. “Each bank has its own traditions, the history of the struggle with Sberbank will not help in a conflict, for example, with Renaissance Credit Bank,” the lawyer emphasizes.

Pay the bank 45 thousand instead of 5

The most significant additional cost for the borrower is the insurance service, often offered as a package along with the loan. First of all, we are talking about life and health insurance - services such as hull insurance for a car loan or home insurance for a mortgage are quite justified and beneficial to the client. Many banks simply impose life insurance services, Aleksey Drach is convinced. “According to the papers, it passes as voluntary, in fact, the client is told that without insurance they will not issue him a loan. But to condition the purchase of a service by another service is contrary to the law on the protection of consumer rights. Life insurance costs 5 thousand rubles. per year, and banks offer it for an average of 50 thousand, and they take 45 for themselves as a commission for transferring technical information to an insurance company, ”says the lawyer.

You can refuse the commission and the imposed service if you do it in a timely manner. For example, a person received a loan, came home and saw that there was a large amount of insurance. He came back to the bank and wrote a statement about the refusal of the insurance service. “In accordance with the law, the insurance contract comes into force from the moment the insurance premium is paid. And the bank has not yet had time to give money to the insurance company, because the banking day lasts up to 15 hours. If he transfers the money the next day, the bank is already acting on its own, contrary to the wishes of the person. And if the bank has already managed to transfer the money and the person then comes to the bank with a statement about the refusal of insurance, then another norm comes into force here - if the client cancels the insurance contract early, the insurance premium is not returned, ”says the expert of Finpotrebsoyuz.

Representatives of the banking community do not agree with this assessment of their activities - in their opinion, most of the commissions have already been canceled, and those that are still in effect only cover the bank's expenses, and do not increase its income in any way. “Most banks have long ago canceled commissions for issuing loans or for their early repayment,” says Bogdan Chekomasov, director of the retail business department at Intesa Bank. — Those commissions that are still charged to customers (withdrawal of commissions in third-party banks, SMS informing, etc.) are of a compensatory nature for banks, i.e. the main part of these commissions does not go to the bank's income, but is transferred in the form of payment for a service or services of companies providing these services (payment systems, mobile operators). These commissions are completely legal, but they must without fail be included in the total cost of the loan.

Dmitry Shevchenko, Head of Legal Department, Lanta-Bank

- To date arbitrage practice for consumer loans consistently assumes that only the commission charged by the bank for the provision of an independent financial service is legal. The payment for the bank to perform standard actions, without which it would not be able to conclude or execute a loan agreement, according to the position of the Supreme Court of Russia, is invalid, since it violates the rights of the consumer and can be challenged. By analogy with credit commissions, other commissions charged by banks can be considered, however, judicial practice here is not yet so unambiguous and consistent. A number of judicial acts allow us to state that, for example, charging a fee for cash withdrawals from ATMs and bank cash desks and for cashless transfers upon receipt of a loan repayment is also illegal. To determine the legality of commissions constantly invented by banks, it is necessary to proceed from whether such a commission qualifies as a fee for a separate banking service or whether it is a component of a fee for a service for which the consumer is already paying: for example, the addition of interest on a loan agreement.

Kirill Linnik, expert of the Russian School of Management

“Unfortunately, for borrowers, most fees are usually legal. But banks, issuing a loan, must warn about these commissions. If they did not do this, then in this case precedents arise, to which Russian courts treat very differently.

Tips for borrowers are very simple, but effective:

1. Pay attention to the full interest rate under the contract. Specify before signing the contract whether there will be commissions when receiving funds and repaying the loan.
2. Withdraw cash only from ATMs of the lending bank. As a rule, this is also paid, so it is better to pay by card.
3. As a rule, no commission is charged for non-cash payments.
4. Pay off the loan through Internet banking or credit cards. As a rule, replenishment of credit cards occurs without commissions. Redemption of credits from cards also, as a rule, occurs without commissions.

The main problem, in my opinion, is that people want to take loans cheaper. Banks and sell them cheaper, but get on the commissions. And it turns out the war of cunning. You can safely trust the banks that indicate the PPP (full interest rate) in the agreement and stipulate the procedures for repaying loans themselves before signing the agreements. Even if banks were required to minimize commissions, they would most likely begin to offer additional contracts for services for servicing borrowers.