If I can not pay a loan, what should I do? Credit holidays. The Law "On Insolvency (Bankruptcy)"

The lending market in the Russian Federation is constantly growing. Together with it, the number of overdue loans is increasing. The larger the loan amount and the longer the delay, the greater the burden on the client. It turns out a vicious circle. If the client did not pay a loan for a long time, they sued him. Without good reason for delay, it will be very difficult to defend its position. How to get out of the debt hole?

Memo to the newcomer

When a person applies for a loan to a bank, it roughly represents the source of repayment of debts: salaries, pensions, deferred funds. However, unforeseen situations can arise for everyone. To make the loan not become a burden, you need to take some steps in advance. Otherwise, you will have to rack your brains in search of an answer to the question: "If I can not pay the loan, what should I do?" What can I advise in this situation?

First, do not forget about the debt. Even if the collectors do not yet ring the door, the bank still charges interest and penalties. Credit history is deteriorating.

Secondly, do not avoid contact with the bank's employees. Otherwise, you will quickly fall into the category of scammers, not good clients.

Third, try not to panic. Yes, the situation is not pleasant, if the bank's employees threaten the court. Debt on a loan is a financial problem. In this situation, you do not need to make out a new loan to pay off the old loan. It is necessary to focus on negotiations with the bank and try not to bring the matter to court.

How to build a dialogue?

If the problem with debt repayment is temporary and is related to the change of work, it is better to agree on a new payment schedule. More details on how to make a credit vacation, read on.

If the problem with finances is not quickly resolved, you need to ask the bank to review the terms of the contract and provide documents that confirm insolvency (medical report, birth certificate / death, etc.). You will also have to explain to the bank where the funds will appear from time to time. First it is better to ask for a postponement in 2-3 months. A loyal bank may not even charge penalties if it is convinced of the client's conscientiousness. In case of violation of the terms of the agreement on new concessions from the bank can be forgotten.

Restructuring

If I can not pay a loan, what should I do? You can try to agree on debt restructuring, that is, "reset" the terms of the loan. The principle of its functioning is exactly the same. It is necessary to prove to the bank the fact of insolvency for valid reasons, to explain where the money will come from in time. The credit organization is interested in the return of funds. If the bank understands that it is dealing with a bona fide client, it will reduce the amount of payment and extend the duration of the contract.

The result of restructuring largely depends on the client's reputation and common sense. Consumer loan of 20 thousand rubles. Extend for 3 years will not work. Especially if it becomes known that the source of the proceeds will be a new loan.

Credit holidays

If I can not pay a loan, what should I do? One of the solutions to the problem may be the design of a "credit holiday". What it is? The official interpretation of the term is not spelled out in any legislative act, but banks often use it in communicating with the client. Credit holidays are a delay in payment for a loan, a review of the repayment schedule. The service is provided only for long-term loans (mortgages and car loans). The Law on Insolvency (Bankruptcy) provides for two options for a "credit holiday". Each of them has its own characteristics.

A full deferral in repayment of the loan without changing the terms of the contract is granted once for the entire period of using the loan and more often on a fee basis. The reason for such "vacations" should be a good reason, which can be documented: deterioration of health, dismissal from work, etc.

It is more profitable for the bank to provide the client with a partial deferral of the repayment of the loan body, but with the timely repayment of interest on the loan. The service can be provided twice during the contract period, but not earlier than 3 months after its conclusion. Since interest is the bulk of the payment, the payment itself is reduced slightly. If the loan period is not renewed, then at the end of the "vacation" the monthly payment amount increases. In any case, the total overpayment under the contract is growing.

How to apply for a postponement?

"VTB" loan holidays provide after obtaining evidence of a difficult financial situation. Some organizations provide such a service at the request of the client, but on a fee basis. How to get a loan in VTB? It is necessary to collect and provide the credit inspector with documents confirming a difficult financial situation, write an application for deferred payment. After receiving a positive decision, you need to sign an additional agreement on changing the terms of the loan.

"Holidays" can become a temporary solution to the problem, if you took a loan, you can not pay the debt in a timely manner. But the terms of the service should be studied in detail, so as not to fall into a new bondage.

Debt Pit

If I can not pay a loan, what should I do? The first thing you need to calm down and yourself to get in touch with the bank.

If there are a lot of loans, you need to collect them in one, repay the debt once a month and not accumulate penalties. Consolidate the debt can be in another credit institution. However, a new lender will require a larger package of documents and a fee for this service.

Do not confuse refinancing and getting a new loan in cash. The first service is provided to reduce the credit burden. The client receives a new loan for a smaller percentage purposefully to pay off old debts.

The law "On Insolvency (Bankruptcy)" provides that collateral can be sold. It is better if the borrower takes such a step voluntarily. Otherwise, the bank sells the property for half of the market price.

It is necessary to notify the credit institution of the sale of collateral. If the credibility of the client is undermined, the bank will send its representative to complete the transaction. Nothing wrong with that. The credit organization is interested in solving the problem. The expert will help you find a buyer and arrange the documents for the transaction.

I do not pay credits: the consequences

Debt on a loan is a financial problem. Solve it is difficult, but possible. The main thing - do not give up. What will happen if you do not pay the loan at all?

Debt will accumulate as a snowball. Sooner or later, interest, penalties and the body of credit will exceed annual income. Such debt will have to be extinguished before old age.

Sooner or later the bank will be contacted. First, they call the call center staff, and then the professionals. Their goal is to make the debt pay off. Collectors use more aggressive methods in their work: call guarantors, work, leave messages familiar to social networks.

What will happen if you do not pay the loan at all? Sooner or later the matter will come to court. If we failed to agree amicably, there are no valid reasons for the delay in arrears, then there is no reason to fight lawyers in court. All costs of the proceedings will be transferred to the defendant. After the court makes its decision, the lawyers will describe the property and put it on auction for sale.

Trial

Another thing is if the cause of the debt is respectful. Having a medical report on the deterioration of health or a copy of the reduction order, one can and should assert their rights to the banks. If the credit institution does not take these documents into account, it is better to apply to the court independently. A competent lawyer will help to challenge the claims of the bank. Find fault with anything. Insurers impose, fines are biased high, and in the documents of error. To defend their rights in court, will have to be patient. The court can reduce the amount of debt by 50% and oblige the defendant to give no more than 20% of monthly income to repay the debt.