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The debtor’s ethic: is it possible not to pay the loan to the Bank?

Этика должника: можно ли не выплачивать кредит банку?

In short, not possible, but necessary. Remember once and for all, the Bank is not your uncle and not aunt, not a brother, not the matchmaker. So, when you have the Holy opportunity not to pay exorbitant interest or not pay at all – feel free to use their civil right not to do so. We now turn to technical details.
1. Not need to pay the Bank loan occurs at the very moment when you have no such opportunity.
That is, one day when you lose your job, your business got shut down or had an accident in the family, you finally realize that paying a loan with interest you are physically unable. Many people get panic or prolonged depression. Others rush to borrow money from relatives and friends.
Others just throw up their hands and let the issue slide. Fourth I beg of banks on the so-called “restructuring”, which is essentially cheating and will lead eventually to the aggravation of the situation. It all the way to nowhere.
The first thing you need to cut on your nose – no code of ethics in respect of the Bank does not exist and can not exist. Ethics is not a legal term and no participation in the loan agreement has not.
So I will give you your duty or not, will pay with interest or without, does not affect your good name. Your task is only to escape from the situation with minimum losses and maximum profits for yourself.

2. As our banks are to the people I have already mentioned the example of “Bank of friends”, so you need to understand that this is a heartless machine exists in order to tear up with three skins. At the first opportunity the crooks that run many banks will try to bankrupt or just run abroad with your money. In Russia millions of people who experience that. Therefore, the attitude to the Bank accordingly. Both of you are regular participants in the transaction and if something goes wrong, you have a legal right to be honest and say: Sorry, dude, not smagula!

3. In fact, it looks like this. If you have seen the truth and decided that paying is not able, the first thing you should do is to come to the Bank.
There you refer to any of the managers and tell him to pay more and may not wish to restructure its debt. You will be asked to fill in a standard form where there are a dozen items to fill, including restructuring options. Usually two of them. Deferred repayment of the loan (net fraud let me tell you) and the installment of the loan for a longer period (this is the more acceptable option) .
Neither one nor the other option does not solve our problem dramatically. You listen politely to anything that says a Bank employee, then remove noodles from ears and speak.
– Sorry, dear/th, I this is not an option, I have a better plan.
And last format sheet A4 prepared in advance a statement about this.

In the Bank_________________
from Ivanov I. I.
address, phone number
In view of the catastrophic financial situation happened to me in the last three months I am not able to pay the loan in the amount prescribed by credit agreement No.______ from 10.10.2014
On this basis, please fix the body of the loan and interest thereon to date and give me the opportunity to pay the borrowed amount in installments, within three years, without charging any interest, fines, penalties and fines.
In this case, are obliged to fully perform its obligations.
date, signature.

It will tell you:
– We don’t have this restructuring, we on these conditions will not go.
You reply:
– And I have! Please put the incoming number on my statement (its copy, original they will keep).

Next, you need to put a stamp with the incoming call and from that moment you become not a Chode like, but a normal participant of legal relations. That is, you, as a full unit of the Civil code is quite right to suggest your own. Will they accept it as means of resolving the situation or not – it tenth.

4. Put a copy of the application in a safe place, stop paying money to the Bank.

Important point! In this case we are talking about consumer credit ( credit card) for individuals, the most common form of bondage Bank and small loan amount up to 300 thousand. Ideally, all the material things you can collect must be rewritten to the next of kin or trusted friends.

The next day you will start to get Bank employees, calling in the mornings and the evenings, trying to find out when you get to make money. Phones have a very useful function in the menu call, it is called “block room”. Use it to its maximum frequency and severity.
Any proposals not meeting the spirit of your statement should be mercilessly sent to ignore.
And yet, after a couple of days you will answer in writing the statement, where a Bank fails in your version of restructuring. It will need to be sure to pick up or directly in the Bank, or to receive by mail.

5. Now I sit on my ass and wait. In this situation, the Bank has only two alternatives.

First. If the amount of your debt is not large, just forget it and write off on costs. There will come a limitation period and you can start your credit history from scratch, taking into account this experience.

Second. If the amount is at least some interest (usually from three hundred thousand rubles) the Bank may submit to the court. In this option, credit institutions are very reluctant. Walking on the courts dealing with hemorrhoid that people like you, the Bank may be tens of thousands. So they’ll drag it out and annoy to last as long as would not bring the matter to court.

Yes, I hope everyone knows that before the court decision on payment of your loan no bailiffs do not have the right to present a claim to you. And the state has no right to impose any sanctions, for the reason that state you do not have to.

6. But let’s focus on the second option. Until the case goes to court it may take six months, a year or two. You will receive a notice with the date of trial and a copy of the statement of claim from the Bank.
Having carefully reviewed the documents you write in your objections, preferably with the help of a friend lawyer. Special legal knowledge, there is no need ( use 333 and article 395 of the civil code) it is better to file Objections the day before the hearing so that they are seen by the judge and reviewed by the Bank. Ask that the court removed from the statement of claim of the Bank forfeits, fines and penalties.
In any case, you have the basis for objections: a statement on your option of restructuring and the failure of this Bank.

7. On the court you honestly say that paying are unable for such reason, the Bank has proposed his own version, they refused. Assure the high court that was full of desire to pay the loan principal without penalties fines and penalties.

Judge people are quite sane and are working on a huge flow of cases to penetrate them in all the rubbish that I write thirty banks on the leaves makes no sense. They see the willingness of people to pay and quite rightly feel that this Bank can.

Therefore, the judge fixes the amount of your debt to the Bank at the time of the court session, which will include: the body of the loan and interest thereon DURING the PERIOD while you were not paid. All other charges of the Bank, the judge usually takes.

From this moment you pay loan interestand pay fixed by the court amount.
But that’s not all.

8. When you get your hands on a reasoned decision of the court ,then immediately write to the court the request to postpone the execution of the judgment. In other words, ask for payment of installments the amount of the year, citing difficult financial situation and indicate how much money will be to make each month.

The judge in a mandatory manner such installments will give six months or a year.

9. We got screwed from this whole situation?

and. You got to get the rest of the loan burden: from the moment of writing the application for restructuring to the court decision. As mentioned above, it can be six months, a year or more.
b. After the court decision, you can get another break in the suspension for another six months to a year (without interest).
V. chances are that your debt, the Bank generally will write off the loss, especially if you change address and phone, and not a soul, no apartment, no car.

10. And last. Suppose you are unable to pay the Bank the full amount of the judgment. Or do not have to pay anything. In this case, your documents are sent to the bailiffs, who are supposed to shake with your money.

In practice, police officers have no tools of influence on the debtor, except for the inventory and closing travel abroad.

If you have no property, and we hope that you have not already, this tool will not work.

In times of crisis it is better to travel across the expanses of our vast country, so abroad you can do. And even then, the exit you can’t close more than six months.
If it is absolutely unbearable somewhere to fly, it features the brotherly Belarus. Thank you,Father, he is not dealing with this shit, like catching the Russian Bank debtors.

On the other hand, if you are able to pay, you just agree with your bailiff about how much money you are able to pay monthly and pay calmly the next two to three years.

PS. While I was writing this post, one person said that the Bank “URALSIB” (which is rehabilitation), workers urgently withdraw money from deposits and call good friends, to steal money from the accounts. If the Bank was going to faint on the streets again, there will be thousands of suckers, victims loan interest.

PS. During the discussion of this post there was a need to speak more clearly about the pitfalls on this path, I will try to do soon.

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