How to get a copy of the agreement from the Pervomaisky bank. How to write an application to a bank (MFO) to provide copies of loan documents? What to do if you have lost your loan agreement

1. My question or situation is the following.
It all started back in 2010, when I got a job in a company, or rather in a branch of the company, the head office was located in Moscow, after working for some time, I began to wonder about the contract and entry in the work book, because I wanted to take out a loan, what should I do? my branch director said that he made a request to the head office in Moscow, we are waiting... I waited, then asked again, in the end he made a note in my work book that I had been hired by the company... according to the salary, they told me that I was employed at the minimum wage (at hands, I received what they promised me at the interview, a little more than the minimum wage in our region) and this minimum wage will be displayed in the contract, but the contract was never sent, I took out a loan with the book (a copy of it), everything was fine, I was told that the contract they will send it when I write a letter of resignation, well, at that time I calmed down, until 2014, when we were told that the company was closing - bankrupt, they never sent me a contract, I only had a work record with a note that I was hired by the company...
In 2011 on me ex-wife submits for alimony through the bailiffs and is awarded 25% of earnings, I think well and calmly pay her amounts for the child equal to 35 - 50% per month (that is, I paid more than what was awarded based on the salary) and paid this way until 2015 , in 2015, the bailiffs decided to recalculate the amounts and asked me for certificates from the place of work, I provided them with a certificate from 2014 to 2015, but I could not provide a certificate from 2010 to 2014, since the company no longer exists and I was not satisfied there ….as a result, the bailiffs recalculate and put me in debt for almost 400 thousand, since I could not provide a certificate, the calculation was made from the average wages in Russia, and not from what my employer told me at that time... That is, I did not pay extra monthly in the period from 2011 to 2014 from 5 to 10 thousand..... somewhere from 2016 to the present time I tried to pay 25% of current alimony and pay off the debt, now it is about 150,000, but not so long ago For 2016 they added 20,000 to me as a penalty and the debt grew again, it turns out they will do the same for 2017 and so on... it’s called driving me into debt... but that’s not enough for the bailiffs and they blocked all my cards... they blocked leaving Russia and they want to describe the property... and I don’t know what to do, I can’t pay off the debt right away, I have new family, loans, child... now my credit history is already damaged by this debt... it’s unbearable for me to pay so much... and it’s unpleasant that they call me a debtor... after all, I paid regularly at that time... now I’m crying... I ask for your slop, advice.

Lawyer Sdobnov D. A., 383 answers, 174 reviews, on the site from 07/28/2019
1.1. If you do not have supporting documents confirming the payment of alimony with a clear purpose of payment, something like “Alimony for the maintenance of such and such,” then there is practically no chance of reducing the debt.

If your employer paid taxes for you and made contributions to the Pension Fund and Social Insurance Fund, request information there. Based on the deductions, your salary can be calculated.

If you have another child, try reducing the amount of child support.

2. My husband had a loan agreement ( credit card) from Tinkoff Bank The loan was taken out in 2018. Until January 2019, my husband was not sick. On January 29, 2019, I went to the hospital for the first time, an MRI showed brain damage. On May 8, 2019, a brain biopsy was performed, and the diagnosis was made. On June 21, 2019, my husband died. When concluding the agreement, the loan agreement was included in the insurance program. 07/3/19 I sent documents to Tinkoff Bank
1. application for suspension of servicing of the loan agreement
2.an application for an extract under the loan agreement and a copy of the insurance agreement.
3.copy of husband’s death certificate
4. a copy of the will in my name.
Letter with notification and description of attachments.
On 07/26/19 I received a response - only a list of documents and an indication of the insurance company Tinkoff Insurance. On 09/11/19 I collected the necessary documents, an application for a replacement beneficiary and sent a letter to Tinkoff Insurance with a notification and a list of the attachments. Didn't receive a response. I called the hotline on 09.19.19, letter received, no complaints!? It is necessary to provide a certificate of the right to inheritance. The contract is not frozen, interest is accrued, statements are not provided. In response to my calls to Tinkoff Bank and Tinkoff Insurance, they answer me that the issue is being resolved. No information available. I visited a notary about entering into an inheritance. I asked whether it was necessary to indicate Tinkoff Bank and Tinkoff insurance in inheritance matter. He said that he didn’t know; no one had approached him before at Tinkoff Bank. What to do, what to do?

Lawyer S. S. Avramenko, 1205 answers, 668 reviews, on the site from 05/11/2017
2.1. Enter into an inheritance and then, with a certificate from a notary indicating that you have applied for acceptance of the inheritance, you will be able to receive the insurance compensation specified in the insurance contract. Regarding the failure to provide you with information, please file a complaint with Rospotreebnadzor.

3. The situation is as follows: I found out about a sudden debt arising under a loan agreement on the bailiffs’ website. The loan agreement dated July 2008 expired in July 2012, then it was sold to collectors, which I only found out today, since the collection agency received a court order from the magistrate in July of this year, on the basis of which it was initiated enforcement proceedings in the Volgograd region, I live in Moscow, I have not been registered in the Volgograd region since 2014.
I just happened to be visiting on vacation in this very place in order to avoid negative consequences from the FSSP, I decided to visit the local branch and get a copy of the writ of execution and a copy court order. As soon as I received the required documents, I went to the local branch of the Magistrate’s Court, where a court order was issued in my case, I explained to “my” magistrate that I learned about my “debt” on the FSPP website, that I did not receive anyone a notice to appear in court at the meeting in June 2019, since she had been registered/registered in another region for more than five years, and that she did not agree with the court decision and the debt stated in the claim under the ancient loan agreement, she agreed with my arguments, and I wrote a statement to restore the term and to cancel the court order, the application was accepted, registered, and a copy of acceptance for consideration was received. I will be notified about the court hearing, examined in my absence and sent a “verdict” to the registration address.
Afterwards, I foolishly took a copy to the bailiff service, and literally an hour later the bailiff wrote off the last 3 thousand rubles from my bank card, the card is now blocked by the bank until they write off all the money to pay off the debt, although I asked the bailiff not to take any action until new court decision.
Question: after canceling the court order and canceling the enforcement proceedings, can I apply the statute of limitations for this penalty and at what stage, when canceling the court order at a court hearing, or can this only be done in a higher court on my claim, or wait for the next a claim from a collection agency in a higher court, and then try to apply the statute of limitations, and is this possible in my situation.
And didn’t the bailiff interrupt the statute of limitations by withdrawing 3,000 rubles from my card to pay off the debt, because I personally did not transfer 3,000 to the account? Could this be subsequently regarded as my actions to acknowledge the debt?
Thank you!

Lawyer Kabanin S.V., 80 answers, 46 reviews, on the site from 10/15/2019
3.1. After canceling the court order, you can write an application to reverse the court decision. Based on this decision, the claimant will have to return the collected money in his favor. cash.
If, after the court cancels the order, the claimant asserts his claims in the lawsuit, you can file a petition to skip the statute of limitations if it was missed at the time the court issued the order.

4. Two men came to an elderly man’s house and offered to install plastic windows, they estimated it at 90 rubles. Without leaving home, we took out a consumer loan; the bank employee had the woman’s name on the documents, they signed for her, and certified copies of the pages of my passport. The windows were not installed, they filed a lawsuit, received a writ of execution, the company is in bankruptcy, there is no money. There are about 100 people like me, totaling more than 6 million rubles. They wrote a statement to the police under Article 159 to no avail; they would either refuse or cancel the decision. How to invalidate a loan agreement and get your money back.

Lawyer Makarov V.A., 3314 answers, 2085 reviews, on the site since 06/09/2004
4.1. An agreement can only be declared void in court by appealing it in the manner prescribed by law.

Lawyer Soldat S.V., 3997 answers, 2687 reviews, on the site from 01/22/2018
4.2. Hello Angelica! Your question is very easy to solve. Please note that there are no settlement (payment) documents confirming the provision of the loan. The loan agreement is a real transaction and is considered concluded from the moment of transfer of funds. Which bank is the agreement concluded with?

"How to win a lawsuit against a bank over a loan - a case for 5.6 million rubles."

"How to cancel a court decision in a case of debt collection under a loan agreement"

Lawyer Stepanov V.I., 36189 answers, 15922 reviews, on the site from 10/15/2011
19.2. Maybe, as a rule, all copies are bound and certified with the bank’s seal. But under certain circumstances, consideration can be made impossible.

Sincerely, lawyer in Moscow - Stepanov Vadim Igorevich.

Lawyer Bukina T.V., 46 answers, 36 reviews, on the site from 09/10/2019
19.3. The court should require the original to be presented for review, but if the copy is certified by the organization, it may not request the original, but the other party in the case may insist on providing the original, justifying their doubts about the copy.

19.4. Alexey, if you declare that the copy is unreliable, that you did not sign the document, then the court may demand the original, followed by sending the signature for examination, at your request and at your expense.
If you don’t declare something like this and are just looking for something to “catch on to,” then look for something else.
You can contact one of the lawyers who responded to you for assistance in defending your case.

Beware of intrusive calls from unidentified persons with persistent invitations to supposedly “free legal consultations.” There is nothing free there, except for voicing inflated prices, and most likely you won’t see lawyers at these “consultations” either :)

20. The problem is this. My mother has a credit card from Russian Standard Bank. Mom died. When I called from the bank, I asked about insurance. For the first time, I was told that insurance was not included with this product. And when I consulted on the site via chat correspondence, they wrote to me that there was insurance, but she turned it off (and not in writing, but by phone). Today the bank called me again and said that if we don’t decide who will pay the debt, it will grow every day. My answer is that until 6 months until someone enters into an inheritance, interest should not accrue. The girl told me that no interest is charged. And she gave us time to think about who will pay until the end of the month, and then fines and penalties will run. I asked to send us a copy of the contract, because... In order to decide anything regarding payment, we need to know under what conditions the card was taken. And do not pay the stated amount unfoundedly. They told me that the documents could only be provided if I agreed to pay the debt. Tell me what to do, what to say when they call me at the end of the month.
P.S. There is no inheritance. The apartment is signed by a deed of donation. The real problem is that the period between registration and death is very short (9 days). And they told me that the bank could easily challenge the deal and leave me with nothing.

Lawyer Kugeiko A.S., 86,702 replies, 38,690 reviews, on the site since 12/05/2011
20.1. Hello,
Don't pay anything. If the bank goes to court, visit a lawyer with all the documents related to the case.
In general, after the death of the borrower, no interest accrues on the loan and the amount is frozen.
I wish you good luck and all the best!

Lawyer Moskvichev A.V., 2994 answers, 1649 reviews, on the site since 02/28/2016
20.2. Catherine,
During the period of acceptance of the inheritance (6 months), the bank does not have the right to charge penalty interest, but the interest provided for in the loan agreement remains as in the agreement.
Of course, you shouldn’t rush to pay anything, especially since there is no inheritance.
Challenging a gift agreement is also not easy; you need grounds. You do not write about this, therefore, it is better for you to know whether there are grounds for invalidating the contract. How healthy was the testator when concluding the gift agreement?

After the court order is canceled, you can send an application to the court to reverse the execution of the court order to return the funds withheld from you.

29. Received from the State Property Inspectorate a refusal to register as a person in need of housing. The reason is the lack of registration at the place of residence in Moscow, i.e. there is no proof of legal residence in the city of Moscow at the place of residence for a total of at least 10 years.

I have lived in Moscow from July 2006 to the present. Time. The following are presented as confirmation: work book, premises rental agreements; postal correspondence that arrived at the addresses of actual residence; copies of medical records/books, indicating medical institutions to which she was attached and served during the period of residence in a particular area; certificates/letters from Internet providers confirming the conclusion of an agreement and the use of home Internet at residential addresses; agreements for the provision of paid services, on the basis of which additional training took place in Moscow and certificates issued upon completion of the courses; consumer loan agreements; registration at the place of stay; income certificates; documents confirming the fact of having additional income; credit history reports from credit bureaus; agreements with cellular operators; bank statements confirming payment for purchases, bills, services from 2007 to the present.

When appealing the DGI's refusal in court, the plaintiff's claims were denied, because registration confirms the fact of residence in a certain area, i.e. certificate of registration at the place of residence - evidence that can be recognized by the court as the only admissible evidence of the fact that a citizen permanently resides in a certain area. (Article 60 of the Code of Civil Procedure of the Russian Federation, Resolution 4-P of 02/02/1998 of the Constitutional Court of the Russian Federation).

Deviation from this understanding of the above provisions of the law is possible only in an exceptional case, when the implementation of registration records for an individual was impossible due to objective reasons, evidence of which must be presented to the court.
According to the constitutional and legal meaning of registration, it is in civil circulation that it is a way of proving the fact of a citizen’s location at the place of stay or residence.
Thus, evidence of the completion of any established actions for registration at the place of residence (stay) in the prescribed manner, or evidence of the impossibility of carrying out such registration for reasons beyond the control of the applicant, had to be presented.

The question of registration almost never came up, because There was no urgent need for registration throughout the entire period of residence in Moscow.

What rules of law can be followed in this situation in order to recognize the right to stand on the waiting list as someone in need of housing? According to what legal norms can a citizen of the Russian Federation live and work in Moscow without registration?
Sincerely, Elena.

Lawyer Sabelnikov A.N., 4030 answers, 2234 reviews, on the site from 05/15/2018
29.1. Good evening! I would recommend that a court decision establishes 10 years of residence in Moscow.

Lawyer Gudkova G.V., 24551 answers, 8905 reviews, on the site since 02/20/2014
29.2. Without 10 years of constant registration, I don’t see a chance to get on the waiting list.

30. Received from the State Property Inspectorate a refusal to register as someone in need of housing. The reason is the lack of registration at the place of residence in Moscow, i.e. there is no proof of legal residence in the city of Moscow at the place of residence for a total of at least 10 years.
I have lived in Moscow from July 2006 to the present. Time. The following are presented as confirmation: work book, premises rental agreements; postal correspondence that arrived at the addresses of actual residence; copies of medical records/books, indicating medical institutions to which she was attached and served during the period of residence in a particular area; certificates/letters from Internet providers confirming the conclusion of an agreement and the use of home Internet at residential addresses; agreements for the provision of paid services, on the basis of which additional training took place in Moscow and certificates issued upon completion of the courses; consumer loan agreements; registration at the place of stay; income certificates; documents confirming the fact of having additional income; credit history reports from credit bureaus; agreements with cellular operators; bank statements confirming payment for purchases, bills, services from 2007 to the present.
When appealing the DGI's refusal in court, the plaintiff's claims were denied, because registration confirms the fact of residence in a certain area, i.e. certificate of registration at the place of residence - evidence that can be recognized by the court as the only admissible evidence of the fact that a citizen permanently resides in a certain area. (Article 60 of the Code of Civil Procedure of the Russian Federation, Resolution 4-P of 02/02/1998 of the Constitutional Court of the Russian Federation).
Deviation from this understanding of the above provisions of the law is possible only in an exceptional case, when the implementation of registration records for an individual was impossible due to objective reasons, evidence of which must be presented to the court.
According to the constitutional and legal meaning of registration, it is in civil circulation that it is a way of proving the fact of a citizen’s location at the place of stay or residence.
Thus, evidence of the completion of any established actions for registration at the place of residence (stay) in the prescribed manner, or evidence of the impossibility of carrying out such registration for reasons beyond the control of the applicant, had to be presented.
The question of registration almost never came up, because There was no urgent need for registration throughout the entire period of residence in Moscow.
What rules of law can be followed in this situation in order to recognize the right to stand on the waiting list as someone in need of housing? According to what legal norms can a citizen of the Russian Federation live and work in Moscow without registration?
Sincerely, Elena.

Lawyer Sokolov D.G., 142240 answers, 33014 reviews, on the site since November 23, 2008
30.1. Elena, all services related to conducting a case in court (drawing up documents, including appeals, legal analysis, etc.) are only on a paid basis after studying all the documents in the case.

We talked about the importance of pre-trial correspondence with the bank to settle overdue debts a couple of weeks ago and I promised to provide clear instructions on how to write applications to the bank. Today I start publishing instructions and the first one is in line.

Step-by-step instructions on how to write an application to a bank (MFO) to provide copies of documents on a loan case. Yes, now we will write an application to the bank, and I will tell you in detail how to write an application correctly, well-reasoned, so that you can later use the correspondence in court and win some goodies for yourself. Today we will write an application, and tomorrow I will give clear instructions on how to send it correctly in order to receive the documents you want and not be refused. Therefore, follow the news in groups on social networks, on the website and of course on the anti-credit video channel and don’t forget to subscribe.

By the way, from this video and article I will try to argue and support almost every word I say with references to regulations, and not just justifying it with your experience. Because there are a lot of complaints about my materials and provocations from lawyers and shitty commentators, after my video, where I tried to distance myself from them. But I am grateful to them, as they help me develop and make my materials better. I hope it won’t turn out mournfully, like lawyers do, and I will try to avoid dry legal language, but continue to translate complex legislative norms into simple human language. So, gentlemen, lawyers and shitty commentators, write more! And thank you!

The video turned out to be long, and let me remind you that there is convenient navigation in the description on YouTube below. And if you want to find out the answers to certain questions and, with one click, you can go to the section that interests you, without watching the entire video or rewinding, for fear of missing something important. To make you feel comfortable. But I still recommend watching to the end, because I tried. Well, because at the end of the video and article there will be a link through which you can get a checklist and a bank application template absolutely free. And above all, by watching the video to the end and liking and sharing the article from the site on social networks, you can help other people find this material faster, because it will be on the first lines of search engines. Of course, if you think I'm doing something useful. Thank you.

For which banks, microfinance organizations and loans is this instruction suitable?

Important! Please keep in mind that:

Each case is unique and individual.
A thorough study of the issue does not always guarantee a positive outcome. It depends on many factors.

To get the most detailed advice on your issue, you just need to follow any of the suggested options:

So let's get started. I will write an application to the bank using the example of Tinkoff Credit Systems, and now it is JSC Tinkoff Bank, because many of us have had and still have credit relationships with this bank. Well, I chose this bank because, as a rule, we do not have any documents from the bank in our hands and the bank itself does not have offices, so, perhaps, this is the most difficult case - so I will consider it.

I’ll say right away that this instruction will discuss all possible ways of writing applications to a bank and you will be able to apply this to your specific credit situation and to your bank or microfinance organization. Yes, this instruction is also suitable for microfinance organizations. Well, this instruction will also be useful to everyone, no matter what type of banking product you have.

First, let's try to answer the question.

Why write an application to a bank or microfinance organization?

It often happens that we take out a loan from a bank or a loan from a microfinance organization, and, satisfied with the quick enrichment, we run away from spending money and do not go into what documents we signed and what this threatens us with. Or we stuff loan agreements somewhere and then can’t find them. Or we believe that the bank has cheated us and we want to use all our rights not only from the Civil Code and Federal Laws, but also arising from credit agreements or loan agreements.

Perhaps you want to collect illegal commissions or imposed insurance from the bank - then you will definitely need this instruction and all the subsequent ones, which I already talked about in one of the previous videos about pre-trial correspondence with the bank.

How to obtain the necessary documents?

What determines the procedure for writing an application to provide loan documents to a bank? I would like to immediately note that the most the best way receiving from the bank all necessary documents The credit is communication skills. Go up to the girl from the credit department with a chocolate and ask like a human being and you will receive the documents quickly and at no cost. Try this method first and if you succeed, then there is no point in studying this dreary instruction and coming up with a tricky statement.

But if you tried the chocolate option and it didn’t work out or you don’t want to try anything because you’re angry with them, write a statement.

3 ways to write an application to the bank

How to write an application to a bank depends on several factors, and I have identified the main groups:

Selecting a communication channel

From the method of choosing the communication channel through which you will send an application to a bank or microfinance organization: there are several options, which necessarily include personal identification, because the requested information constitutes a bank secret and if the bank cannot reliably establish your identity, it will be refused or your the application will be ignored.

The main three ways to submit applications:

On purpose in person with presentation of your passport,
By mail with preliminary notarization of the signature,
Or via secure communication channels through online banking.
You can, of course, try to fool the bankers and just send this application by mail, maybe they will get scared and provide you with documents without a notary and other paperwork and costs.

Type of loan agreement

Depending on the type of execution of the loan agreement - it can be just a loan agreement, it can be a public offer from the bank with your acceptance, or an application for a loan with the bank’s acceptance. I will talk about this in detail in one of the following videos, so that you do not have any misconceptions that if there is no physical contract, then you do not owe anything. Wait for a new hedgehog in the fog.

Availability of necessary information

It depends on whether you have the necessary information, because we do not always know the agreement number, amount, card number or other information necessary for the bank. Because they received a loan and forgot. Or maybe they threw it away when they stopped paying.

And of course, it depends on the type of lender - if you took out a loan from a bank, then according to the text you will have a default loan agreement, and if you took out a loan from a microfinance organization, then change the loan agreement to a loan agreement. Of course, for MFOs, it is not necessary to indicate many of the provisions specified in the application, but let them be - because as MFOs - let's try to intimidate them, just as they scare us with criminal offenses or mobile teams, telling us noodles.

Based on this, I came up with a fairly varied application to Tinkoff Bank and it seems to me that I sorted everything out possible options, but if I missed something, help me supplement the instructions - write additions in the comments and together we will help people cope with credit problems on their own better and better.

We are writing an application to Tinkoff Bank

Let me remind you that the application can be written by hand and does not have to be typed on a computer - the main thing is that it is legible. Let's go through the sections of the application.

To which bank address should I write the application?

Let's start. First of all, you need to know who you are writing to - you can take the exact name of the bank from the loan agreement or the documents that you have (even if the name is old, because banks change their legal forms and names). If there is nothing, go to the site Tinkoff Bank, for which we simply type “Tinkoff” in a search engine, look for the “Contacts” section - go there and find the name and address of the bank. Here they are:

Tinkoff Bank does not have branches or branches, so we write only to the head bank, but if you have, for example, VTB24 or Sberbank, you can choose where to write. Or to the address of the branch where you applied for the loan or directly to your head. I would immediately hit the head, because they sort mail there better. You can write to 2 addresses if you want and your finances allow, but all postal and notary expenses will have to be multiplied by two. This doesn’t make much sense; in the next video, which will be released tomorrow, I will send an application to the bank and tell you about it in detail. For now, write one address.

Application header to JSC Tinkoff Bank

Well, I think you know your address and indicate your passport details just in case, because court practice is contradictory and sometimes indicating passport details is an additional way to identify a bank client, although in my opinion this is nonsense. Well, I pointed it out, because he doesn’t ask for food or drink. By the way, please note here that your address and passport data may not correspond to those indicated by you when drawing up the loan agreement, so you can also indicate old data so that the bank has no reason to refuse you due to the impossibility of identification.

Application or claim to the bank?

There is such a slippery moment here. Whatever you call the boat, that’s how it will float. I would recommend writing such letters to the bank when there are minimal delays or even if there are no delays yet, so that you do not encounter a storm of negativity from the bank.

Complaint to Tinkoff Bank

Even if you are writing an application that is already overdue, still call it APPLICATION if you do not want to cause a lot of noise - because the application will most likely end up in the credit department and they will silently process it. And if you call CLAIM, it means you are in the mood to swear and this request will most likely end up in the legal department and will be considered as a pre-trial claim and they will put spokes in your wheels by not issuing documents or unsubscribing. Of course, sooner or later they will provide it anyway, because otherwise we will complain, as written at the end of the letter. But to gain time and not prolong the pleasure, call it a STATEMENT.

What to do if the loan agreement was not concluded?

Next, we proceed to present the initial data of the application to Tinkoff Bank - and here everything depends on whether you know the data of the loan agreement and in what form the loan agreement was drawn up - just select the desired paragraph from four options, and delete the rest.

Initial data of the application to Tinkoff Bank

The fact is that Tinkoff’s remote banking system is based on a public offer, which is usually posted on the bank’s website and has the status of a loan agreement, and we sign this loan agreement by acceptance - first we sign the piece of paper that the courier from Tinkoff Bank brings us, and then activate the card. This means we agreed with the terms of the bank, but there will be a separate video about this, where I will tell you that this form of concluding a loan agreement has legal force, so subscribe to the anti-credit channel and follow the news on the website.

If you had a card, but you threw it all away, the second paragraph is for you.
There are banks whose loan issuance system is built on the basis of an application for a loan in their form, which you sign, and they subsequently accept this application - if this is your case, then the third paragraph is for you.
If you have a standard system for drawing up a loan agreement and you know the agreement data, but you need to request other documents for the loan, use the fourth paragraph.

What standards should I refer to when making a request to Tinkoff Bank?

Next comes an untranslatable play on words and here I used links to articles of laws and codes that have already been used and applied in the previous judicial practice, which I picked up and links to documents are at the end of the article on the website.

In short, the meaning is as follows. First, you prove to the bank that this is a service, which means you are a consumer and have consumer rights and have the right to know everything about this service. Then you refer to the very first paragraph of the Civil Code, proving that you have the right to receive all the necessary information. Next you say that you have the right to receive this information on the loan for free. By the way, there is a nuance here. The fact is that some banks, for example, VTB24, provide some information for a fee, which I will talk about in the next video when I send a letter to Tinkoff Bank. I visited the VTB24 office and found out the details, so let’s try to get the bankers to show off so that they will provide it for free, and if that doesn’t work, pay for this service, and then I’ll tell you how to try to collect this amount from the bank. The main thing is to save all receipts. Well, if, of course, you need these documents in principle.

Then you say that the requested documents contain personal data, and you, as the subject of this data, have quite a lot of rights. And finally, you finish off the bankers with Article 7 of the Federal Law “On Consumer Credit”, where there are quite a lot of points and you hint that you know them all and say that you are writing all this because you really want to fulfill your loan obligations.

And I remind you that the Young Loan Defaulter Fighter Course for 100 rubles, which is made in the format of a 6-day video course and e-book. And a subsequent individual consultation on Skype also costs a hundred. This is made especially for beginners who have just gotten into difficult situation. Well, if you are no longer a beginner, but just want to support the project, buy the Course and give it to a friend. Yes, for prevention.

Why are there so many references to laws in the application to Tinkoff Bank? Some may think that this is a hodgepodge, but! Prescribing in detail maximum amount links to articles of laws you benefit from the following:

Bankers see that you are in the know. And now it’s not they who explain your responsibilities to you, but you to them. This makes it possible to communicate on equal terms. And this is a great chance to get what you want as quickly as you want.
You can subsequently easily file a complaint with regulatory authorities or a lawsuit in court using these norms. This is in case of bank refusal or leaving the application without consideration.
With simple manipulations it is very easy to turn this statement into a statement of claim.
Well, I repeat that the reasons why I used these particular norms are in the links where judicial practice is given.

Pre-trial claim to Tinkoff Bank?

Further, the wording again depends on how you called this document STATEMENT or CLAIM. And here, choose either you ask or you offer, but then it will be worse. What documents should you request from Tinkoff Bank?

In the first paragraph, I reflected the variations of documents that a bank can issue depending on its imagination. As I said, some just have a loan agreement, some have an offer, some have an application, some have the cost of the loan stated in the agreement, some have a separate document or a link to a collection of bank tariffs. The same thing applies to insurance, which the bankers are trying to sell us on. I recommend leaving this point unchanged. Or if you know exactly what your document is called, add it to this paragraph. Well, a note was immediately made that you are eager to see what changes the bank made unilaterally. This is also important, and if you do not declare this, you will only be provided with current copies of documents.

What to demand from Tinkoff Bank?

In the second paragraph, you express your desire to see all account numbers, because they are not always reflected in the agreement, and to receive extended statements for each in order to see when, how and where your money went. And in the third paragraph, just in case, you also order a certificate about the amount of your debt on the loan (by the way, you must take it from the bank when you repay the loan in full).

The fourth and fifth paragraphs are made for those borrowers who really want to know whether their loan debt has been sold to collectors or transferred for collection under an agency agreement. I don’t know why people need this, but I did it at the request of TV viewers. By the way, please note that do not use the fifth paragraph unnecessarily - do not request notification of the transfer of the right of claim under assignment - until the bank notifies you that it has sold the loan debt to collectors and they notify you of the start of processing your personal data - you have full the right not to pay anyone anything, and also to demand compensation for moral damage in court. But I’ll tell you about this in detail one by one in a month at least.

Indicate how and when you want to receive a response from Tinkoff Bank

If your clear requirements, which are listed above here, are vague, rest assured you will not receive documents. Therefore, write clearly - how and when you want to receive documents from the bank or a written refusal.

Remember that the frequent refusal of banks is due to the need to protect bank secrecy and they simply do not respond to statements whose author cannot be clearly identified as a bank client. Therefore you have 2 options:

Allow them to verify your identity personally if you come to the bank office to receive documents. By the way, you can come to any office of a bank that has a branch network - for example, VTB24, Sberbank, Alfa-Bank issue documents at any of the offices, that is, you don’t have to go from Tyumen to Omsk, for example, where you took out a loan. But I’ll talk about this in the next video, when I send documents to the bank

Express your consent to receive documents by registered mail. But before they send it to you, they must identify you when submitting an application, and here again there are 2 options: 1) come in person with an application so that a bank employee can identify you, 2) send the application by mail, having first notarized your signature (but more on that again in detail in tomorrow's video). Therefore, use one of two options for obtaining information from the bank, and simply delete the unnecessary option.

What threatens Tinkoff Bank if it refuses to provide you with documents?

Here you once again show your “knowledge” and list a list of regulatory organizations to which you will complain if they don’t understand you the first time. And what consequences will Tinkoff Bank have if it ignores your request in whole or in part? This will give you the opportunity to help the bank not relax the rolls.

How to avoid Tinkoff Bank's refusal to provide copies of loan documents?

Perhaps the most common reason Banks' refusal to provide loan documents means the inability to identify the bank's client when submitting an application. This is again due to the need to preserve data that constitutes bank secrecy. Let Tinkoff Bank or a notary verify your identity.

Well, I already told you that you have 2 options in this case:

Submit your application to the bank in person so that a bank employee can verify your identity and be sure to make a note about this on the application and be sure to compare your signature with the card.
Have your signature certified by a notary and send the application by Russian Post in a valuable letter with a list of the contents and a receipt. In this case, pay attention to the notes in italics that the application must be signed in the presence of a notary and it must be stitched and numbered. Then delete what is written in italics.

That's all. Let me remind you that tomorrow there will be a video with instructions on how to send an application to Tinkoff Bank, where I will look at guaranteed ways to request information so as not to be refused. Of course confirmed judicial practice and specific interviews with bank employees, notaries and Russian Post employees.

Let me remind you that a detailed article is on the website and there are also text instructions, a short checklist and the application template itself for requesting documents on a loan case at Tinkoff Bank JSC, which you can turn into an application to any bank with simple manipulations.

I hope that I helped you in some way and if the video and article on the site were useful to you - be sure to like and share the article on social networks - perhaps it will be useful to your friends who are not even loan defaulters, but just want to optimize their loan payments. And write in the comments any additions to the instructions and tell us about your experience of pre-trial correspondence with banks and microfinance organizations, what documents you requested from bankers, whether you received refusals and how often your applications remained unanswered and why.

If you lose your loan agreement, don’t start panicking. Nothing terrible happened, and such situations are not uncommon. What needs to be done and who will help you obtain a duplicate document will be discussed below.

For what purposes is it necessary to have a loan agreement in hand?

A loan agreement is the main document confirming the conclusion of a transaction between a borrower and a credit institution. It contains all the basic information on the loan: the amount of monthly payments, bank details, responsibility of the parties. Two copies of the agreement are drawn up, one of which remains with the creditor bank, the second with the borrower.

If you have lost the contract, you will not be able to defend your interests in court. To resolve claims in court, you will need to provide the original loan agreement with the bank.

However, the main problem when a loan agreement is lost is most often the loss of the payment schedule and details of the credit institution. This may lead to delays. Conscientious borrowers try to avoid such situations in order to avoid paying additional fines and penalties.

What to do to restore the loan agreement?

To do this, you need to contact the office of the bank that issued the loan with a written application. In the application you will need to indicate your passport details and ask for a duplicate of the loan agreement. In most cases, banks establish penalties for the loss of a contract and charge a fee for providing services for its restoration. After accepting your application, an employee of the credit institution will inform you when you can come for a duplicate. It usually takes several days to produce it. Upon receipt of the document, check for the presence of the bank's seal and the signature of an authorized person (manager or deputy).

How to find out payment details if the loan agreement is lost

Bank details can be found on receipts from previous payments. If you have always paid on time, you can also find out the approximate date of payment there.
If you need to make a first payment or your receipts are also lost, contact your bank. Employees of the credit institution, after checking your passport data with the borrower database, will print out your payment details.
To obtain bank details, you can call the hotline and clarify the necessary information over the phone. At the same time, you will also be asked to dictate your passport information.
If you made loan payments using online banking, in the “Payment History” section you will find information about all transactions performed.

Even if you know what details and when you need to make payments, still go to the bank and restore the agreement. You may need it if the creditor has any claims against you. By law, it is necessary to preserve the loan agreement and all receipts confirming the payment made for three years from the date of full payment of loan obligations. Until the statute of limitations expires (3 years), the bank has the right to make claims against the debtor by going to court.
After making your last payment, do not forget to obtain a certificate of no debt.
To avoid unpleasant situations in case of loss of the loan agreement, after completing the transaction and receiving all the documents in hand, make several photocopies of the loan agreement.
To avoid delays even if there is no contract and payment details, activate the “Autopayment” service. The system itself will debit the required amount at the specified time from your card and use it to repay the loan.

Conclusion

Losing your loan agreement can cause you some trouble. You can avoid them by contacting the bank in time and receiving a duplicate document.

Manuals, Instructions, Forms

New files

sample application to the bank for a copy of the loan agreement

Application for provision of an assignment agreement - form 2016, download in doc

To Limited Liability Company KB "___________"
Address: __________________________

Applicant: ____________________________
Address: ___________________________

Between me, ________________________ __________ born. (Client) and the Limited Liability Company CB "___________" (Bank) on __________, an Agreement was concluded for the provision consumer loan No. __________ (attached a copy of the agreement).
I fulfilled my obligations under the loan agreement in good faith, on time, in full compliance with the norms of civil law, the terms of the agreement and the payment schedule.

D. I received a notification from LLC KB "______________" No. _____ about the assignment of rights of claim. In accordance with the specified notification, on the basis of clause 3 of Art. 382 of the Civil Code of the Russian Federation, between the Bank and LLC CB "__________" an agreement on the assignment of rights of claim (assignment) No. ________ dated _________ was concluded, according to which "______________" ceded, and "___________" accepted the right to claim payment of the amount of debt under consumer loan agreement No. _________ from __________
In connection with these circumstances, the fulfillment of obligations to repay the amount of debt under the consumer loan agreement must be carried out by me to the new creditor - LLC CB "____________" from _________.
Also, the notification stated that for all questions regarding repayment of the debt amount under a consumer loan agreement, I can contact the central office of CB LLC "___________" at the address: ________________.

Previously, I repeatedly submitted applications to LLC CB "___________", in which I asked to provide me with an assignment agreement No. ________ dated _________, which was referred to in the notification, to give me an account statement in which to reflect the amount I contributed towards repayment credit debt, as well as provide me with a new payment schedule with the remaining amount of the loan to be repaid.
In response to all my statements and calls, the employees of LLC KB "___________" assured me that all the documentation would soon be provided to me and I could safely continue to pay the loan.

Currently, I continue to make payments on the loan in favor of LLC KB "__________", but I have reason to fear that my funds do not go towards repaying the loan, but by misleading me, they simply go to the bank.

Due to the fact that the relationship between an individual (Borrower) and the Bank that arises when concluding a loan agreement is regulated not only by the Civil Code of the Russian Federation, but also by the Law of the Russian Federation “On the Protection of Consumer Rights,” I, as a consumer, on the basis of Art. 8 of this law, the necessary and reliable information must be provided about the manufacturer (performer, seller), its mode of operation and the goods (work, services) sold by it.
The specified information in a clear and accessible form is brought to the attention of consumers when concluding sales and purchase agreements and contracts for the performance of work (provision of services) in ways accepted in certain areas of consumer service, in Russian, and additionally, at the discretion of the manufacturer (performer, seller) , in the state languages of the subjects Russian Federation and native languages of the peoples of the Russian Federation.

Also, in accordance with Art. 12 of the Law of the Russian Federation “On the Protection of Consumer Rights”, if the consumer is not given the opportunity to immediately receive information about the product (work, service) upon concluding a contract, he has the right to demand from the seller (performer) compensation for losses caused by unjustified avoidance of concluding a contract, and if the contract is concluded , within a reasonable time, refuse to fulfill it and demand the return of the amount paid for the goods and compensation for other losses.

In the event of another refusal to provide me with the necessary and complete information, I will be forced to file appropriate complaints with the Central Bank of the Russian Federation, the Prosecutor's Office and a statement of claim in court.

Based on the aforesaid and guided by Article. 8, 12 of the Law of the Russian Federation “On the Protection of Consumer Rights”

1. Provide me with assignment agreement No. ________ dated __________, concluded between OJSC “___________” and LLC CB “__________”;
2. Recalculate the applicant’s credit debt, taking into account the payments already made by him;
3. Provide a new loan payment schedule calculated by LLC CB “_____________”;
4. Send the response to this application with the requested documents attached to me in writing to the above address;

Application:
1. Copy of the loan agreement;
2. A copy of the notice of assignment of the right of claim;

" "______________2014 __________________________________________

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Document information:

Reducing the interest rate on a loan, sample application to the bank, disputes with the bank

Credit lawyer - our company of legal practitioners will help borrowers draw up an application for a reduction in the interest rate on a loan based on an agreement and in connection with a reduction in the key rate by the Bank of Russia. Sample:

117997, Moscow, st. ____________________ Tel: ____________

passport: series _____________, issued on __________________________ May 29, 2003, registered at: ___________

being a borrower of the bank according to the loan agreement No. ___ dated _______________________ 2018.

Please reduce interest rate under loan agreement No. 777777777777 dated May 15, 2014 on the basis of clause _______ of the Loan Agreement in connection with the decision of the Board of Directors of the Bank of Russia dated _________________ to reduce the key rate to ____________.

In addition, since “___”__________ ____ there has been a deterioration in my financial situation associated with _________ _________________ and my illness _____________________________________________________
, which is confirmed by the following:__________________________________________

Throughout the term of the Loan Agreement No. 7777777777777777777 dated May 15, 2014, I promptly paid all payments to the Bank: principal, interest, commissions; as of the date of this appeal there is no overdue debt.

Notification of the decision taken and please provide a new payment schedule:

q By Russian Post to the address specified in the application;

q In person (at the Bank branch at the place where this application was submitted);

q To personal postal address (e-mail)__________________________________________________________;

Attachment: copies of evidence of illness on ____ page.

Ivanov Ivan Ivanovich_

(Last name, first name, patronymic of the Borrower in full) signature

xn--80aafhcfwmb1bzawf.xn--p1ai

Borrower's application for termination of the loan agreement

It is very difficult to break an agreement with a creditor if the initiative comes from the client. Why might such a procedure be necessary? This can be done to stop the accrual of penalties, fines and penalties.
The agreement with the bank terminates when the entire loan amount plus interest and additional payments are paid. If funds have not been paid at the end of the contract, it remains in force. In this case, the borrower, of course, can submit an application to the bank expressing his desire to terminate the contract. But this step usually does not receive approval from the credit institution, because it is unprofitable for it. If you failed to achieve your goal by agreeing with the bank, there is another option - to file a claim for termination of the loan agreement.

Agreement of the parties to terminate the contract

In a statement to the bank, the client must declare his desire and indicate the reasons for this - loss of a source of income, illness, dismissal, liquidation of the company. But usually the bank refuses to terminate, leaves the request unanswered, and offers unfavorable conditions for the client. This could be an offer to pay the entire amount of the debt with interest and penalties, or a restructuring. If the client owes a large amount, of which a significant part consists of fines and penalties, then it is better to wait legal proceedings. Before signing an agreement with a bank, you should consult with credit lawyers.
When deciding to file a court application, it is worth considering that it interrupts the statute of limitations on the loan, and this may affect the consideration of the loan case. If 3 or more years have passed since the last payment date, in no case should you write such a statement, because the statute of limitations will begin to count again, even when it has already passed.

Termination court

When going to court, the debtor must prove that the reasons why the loan is not repaid are truly valid and it was impossible to foresee them.

Sample application

It must be submitted in writing; the application must include the following information:

name of the judicial authority;
first and last name (name) of the applicant, his place of residence (location);
name and location of the bank;
what is the violation of the borrower’s rights;
the requirements put forward;
the circumstances due to which the application and documentary evidence are submitted;
list of attached documents.

In addition to the application itself, you must also submit the following documents:

copies of the application to be sent to the bank and third parties;
documents that can serve as confirmation of the circumstances that served as the basis for the requirements;
receipt of payment of state duty;
If the interests of the plaintiff will be represented by a third party, a power of attorney is required.

The court's decision

Five days after filing the documents, the court will decide whether the case will be accepted for proceedings. After this, a preliminary hearing will be scheduled, and then a hearing. The court decision comes into force after the deadline for filing an appeal has expired.

Sample application for termination of a loan agreement to Sberbank and the court

How to terminate a loan agreement - example application

How to terminate a loan - an example of an application If a situation arises where the client wishes to terminate the loan agreement, then it is necessary, first of all, to submit a written application in free form addressed to the manager banking institution. A possible sample of a bank application can be downloaded for free below.

How to write an application for termination of a loan with a bank?

Application to the bank for termination of the loan agreement 12/31/2013

I entered into a contract with OJSC National Bank Trust by filling out an application for a loan for urgent needs on the following conditions: loan amount = 300,000 rubles. loan term = 36 months.

Statement of claim for termination of the loan agreement

Claim for termination of the loan agreement In the _______________ district court of the city _________ tel.

mob. _______________ Defendant: Limited Liability Company on the termination of ____________ year between me, ____________________, and the defendant, LLC KB "________________", Loan Agreement No. _____________ was concluded. Under the terms of this Agreement, I was provided with credit funds in the amount of _____________ rubles for use.

How to terminate a loan agreement - example of an application If a situation arises where the client wishes to terminate the loan agreement, then it is necessary, first of all, to submit a written application in free form addressed to the head of the banking institution.

A possible sample of an application to the bank can be downloaded for free below.

In this case, it is important to take into account the circumstances that accompany the client’s desire to terminate the loan agreement.

If the bank has not yet transferred the money to the client, then everything is quite simple.

Application to the bank for termination of a loan agreement. Mostly, termination of a loan agreement occurs due to the fact that the borrower has lost his job and is unable to repay debt obligations, or the terms of the agreement have been changed, which no longer suits the debtor.

In the first case, it makes sense to write to the bank a statement about the inability to pay the loan and restructuring

In _______________ district court of the city _________ tel. mob. _______________ Defendant: Limited Liability Company on the termination of the loan agreement of the year ____________ between me, ____________________, and the defendant, LLC KB "________________", a loan No. _____________ was concluded. Under the terms of this, I was provided with funds in the amount of _____________ rubles for use.

How to terminate a loan agreement through court

You can file a claim in court personally or through an authorized representative, at your place of residence or location of the bank.

When going to court, you should draw up a statement of claim, which indicates: If there are several defendants in the case, make the appropriate number of copies of this statement.

How to write an application for termination of a loan agreement with a bank?

Today it has become easier for people to take part in lending. To do this, just find out which bank will give you a loan 100 percent and submit an application there. Many financial institutions issue loans at minimum requirements to applicants, but at the same time they insure themselves with inflated rates and short terms.

Application to the bank for termination of the loan agreement

STATEMENT

on termination of the loan agreement

31.12.2013 g. I concluded with OJSC National Bank Trust loan agreement by filling out an application for a loan for urgent needs on the following conditions:

loan amount = 300,000 rub.
loan term = 36 months.
interest rate on the loan = 25% per annum.

In fact, during the period from December 31, 2013 to December 1, 2014, I received funds in the amount of RUB 260,000 ., which is confirmed by a personal account certificate (attached).

I repaid the loan with periodic payments in the following order:

January 21, 2014 – 6,000 rubles.
February 27, 2014 – 12,000 rubles.
April 03, 2014 – 13,000 rub.
April 22, 2014 – 12,000 rubles.
July 02, 2014 – RUB 13,100.
July 14, 2014 – RUB 13,700.
September 15, 2014 – 10,000 rubles.
October 16, 2014 – RUB 5,000.
November 09, 2014 – 500 rub.

The total amount of funds contributed by me to repay the loan is RUB 85,300 . Thus, the amount of the principal debt under the loan agreement is RUB 174,700 The amount of interest for using the loan in the period from the date of receipt of the loan to the present (01.01.2014 – 01.12.2014) is RUR 59,488

Currently, I have lost the opportunity to fulfill the loan agreement on the terms agreed with the bank, since I have lost my job and income.

At the same time, I have been divorced from my husband since November 25, 2003; I have two dependent minor children - Anton, born 03/12/2009 and Anastasia, born 09/01/2001. My daughter has been assigned a disability, which is confirmed by the ITU-2012 certificate (attachment to the claim). Former spouse does not provide me with financial assistance.

My ability to find work is currently limited due to childcare.

Maintaining the loan agreement on the agreed terms will result in the ruin of my family.

In accordance with the provisions of Article 450 and Article 451 of the Civil Code of the Russian Federation, an agreement (including a loan agreement) can be changed by a court decision if there is a significant change in the circumstances from which the parties proceeded when concluding the agreement, unless otherwise provided for by the agreement or follows from its essence . A change in circumstances is considered significant when they have changed so much that, if the parties could have reasonably foreseen it, the contract would not have been concluded by them at all or would have been concluded on significantly different terms.

In accordance with paragraph 2 of Art. 451 of the Civil Code of the Russian Federation, if the parties have not reached an agreement to bring the contract into compliance with significantly changed circumstances or to terminate it, the contract may be terminated by the court if the following conditions are simultaneously met:

1) at the time of concluding the contract, the parties assumed that such a change in circumstances would not occur;

2) the change in circumstances was caused by reasons that the interested party could not overcome after their occurrence with the degree of care and prudence that was required of it by the nature of the contract and the conditions of turnover;

3) execution of the contract without changing its terms would so violate the relationship of property interests of the parties corresponding to the contract and would entail such damage for the interested party that it would largely lose what it had the right to count on when concluding the contract;

4) it does not follow from business customs or the essence of the contract that the risk of changes in circumstances is borne by the interested party.

Based on the above and in accordance with Articles 450, 451 of the Civil Code of the Russian Federation, I ask you to terminate the loan agreement concluded on December 31, 2013.

Note! There are two options for terminating a loan agreement - by agreement of the parties and through the court. Unfortunately, practice shows that it is almost impossible to terminate the contract at the borrower’s initiative without the bank’s consent. However, if you intend to try, then first of all you need to send a written application to the bank. This document will first serve as the basis for discussing with the bank the possibility of termination under the agreement, and then it can be presented in court as evidence of an attempt at pre-trial settlement.

In any case, to terminate the contract, your desire alone is not enough; you need a convincing reason, for example, a significant change in circumstances. In your application, you must indicate this reason, refer to the legislation and attach supporting documents. Most often, borrowers indicate dismissal from work and other financial difficulties as changed circumstances. However, both the bank and the court rarely take such arguments into account.

Judicial practice recognizes the following grounds for termination of a loan agreement:

Significant deviations from the conditions specified in the agreement on the part of the lender or borrower. Termination of the loan obligation is inevitable.
The borrower lost the collateral (apartment, car) due to force majeure.
The money was used for other purposes (for example, they took it to buy a car, but paid for a trip abroad).
Loan payments were more or less than the amount specified in the agreement.

The application drawn up according to the template must be sent to the bank by registered mail, a valuable letter with a list of investments and a receipt. You can also personally take the application to the bank, leaving a second copy for yourself, on which the bank employees must mark acceptance. If your actual residence address does not match your registered address, we recommend that you do not indicate your actual address as a mailing address. It is better not to give the bank additional information about your place of residence, but for correspondence, open a post office box at any post office. By the way, it is also better not to indicate your main phone number, but to buy a separate SIM card for such purposes.

It is important to understand that any official correspondence with a bank is a purely legal issue, and only a professional lawyer can understand all its details. For example, when sending an application to the bank, you need to take into account that you are thereby interrupting the statute of limitations on the loan. In each specific situation there are many features that need to be analyzed before writing official statements. We strongly recommend that you consult with a credit lawyer, especially if you see the possibility that the situation with your credit may end up in court.

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