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Lawyers told who will be punished for early repayment of the loan




MOSCOW, May 4 – PRIME. Loan agreements, as a rule, provide for the possibility of early repayment. Since 2011, Russian banks are obliged to provide borrowers with the right to early repayment of loans without additional payments or commissions. If the clause on early repayment of the debt is absent in the agreement, then the borrower must notify the bank of his intention to repay the loan early 30 days in advance. However, not all credit organizations voluntarily comply with these requirements of the law, and sometimes they charge fines for alleged violation of an agreement, Alexey Gavrishev, a lawyer and managing partner of AVG Legal, told the Prime agency. “Banks do not have the right to refuse a client an intention to pay off his debt ahead of schedule. Therefore, if bank employees refuse to accept your application or hinder you in some other way, ask to substantiate your actions in writing. Such a document will subsequently help you protect your rights,” notes the managing partner of the law firm “Position Prava” Yegor Redin. The expert told when the bank can forget about the debtor’s loan If the bank finishes you for early repayment of the loan, you need to challenge the bank’s decision by writing a statement demanding to return the commission or a fine for early repayment of the loan, referring to Article 809 of the Civil Code of the Russian Federation. If this does not help, you need to go to court with a statement of claim, advises Gavrishev. After paying off the bank debt, it is necessary to receive a document confirming this: a notification or an official letter on the letterhead of the credit institution, where the signature of the responsible officer and the seal are mandatory. “This document will confirm that your obligations to the bank have been fulfilled, the loan is considered repaid and the credit institution has no claims against you,” Redin explains. According to him, early repayment of loans, as a rule, has a positive effect on scoring – the individual credit rating of the borrower. It may indicate an increase in the borrower’s solvency, which means a decrease in the risk of loan defaults. “As a result, the bank may offer the client a more favorable interest rate in the future,” the lawyer concluded.

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