To date, the debt burden of the population is at its peak. This is due to shares and interest of credit organizations in the provision of loan services. Many are interested in the answer to the question: "I do not pay a loan, what will happen?"
Most of the Russians among the loan products use credit cards, loans secured by and without property, offers for small and medium-sized businesses, mortgage lending, car loans. Many are interested in the question: "How not to pay a loan legally?"
You can not cope with the financial burden? Everything can be fixed, solutions lie on the surface, and you can easily cope with them. There are several ways that will show you how not to pay a loan for the entire period specified in the contract, but to get even with it ahead of schedule.
3 ways to get rid of a loan
Method number 1. A minimum and a little more. So, you have a monthly burden in the form of fees for several loans. Decide for yourself how much you can pay in excess of normalized payments and which of your loans you would like to get rid of in the first place.
Naturally, it would be more correct to choose the most unprofitable loan for you, at which the interest rate is higher than the rest. For example, from your budget you can each month allocate 2,000 rubles to pay off loan obligations additionally. Having closed one loan this way, now you can send the same 2,000 rubles plus payment under the repaid agreement to the remaining loans.
Method number 2. This method is suitable for loans for which a differentiated repayment system is provided. It is characterized by a gradual decrease in the planned payment of the loan. If you do not have money to pay a loan, then this option is not suitable for you. The essence of this solution to credit problems is that you pay the same amount every month, despite the fact that according to the debt repayment schedule, the amount of the monthly burden is reduced.
Thus, you will save a decent percentage on the loan. You can clarify which payment scheme takes place in your particular case in your loan agreement or in the branch of the bank in which you borrowed money. How can you save on a credit card? On a regular loan, no one will start accepting money from you several times a month, but as for the credit card, here you are the master of the master, as much as you want, go to the ATM as much as you like.
If you pay off the payment for this type of loan several times a month, you will save on interest more than throwing the same money on the card, but once a month. This is due to the fact that the credit card payment is calculated monthly based on the amount of debt at the time of settlement. Accordingly, if the date of payment is at the end of the month, then having put part of the money on the card at the beginning of the same period, you will not have to pay interest on the amount made earlier.
Method number 3. If you have nothing to pay the loan, if your credit burden gives you a lot of trouble or you just can not cope with it, then it's time to take a new loan. For example, everyone knows that the interest rate on a consumer loan is lower than the interest rate on credit cards. This means that by taking a new loan and paying off your credit card, you will reduce the monthly burden and save on interest.
But, unfortunately, not every consumer of a loan product fulfills his duties, negotiated by an agreement with a bank or other credit organization.The reasons for non-payment of payments under the contract can be varied: someone can take a loan and not pay it consciously, someone has force majeure situations. There is a category of borrowers who simply are not aware of the loan. For example, citizens deceived by fraudsters who find out about a loan only after a call asking for debt repayment.
Liability for default on loan debt
Many people think about how not to pay a loan legally, but everything is not so simple. Criminal liability may await customers who ignore loan conditions and shy away from regular loan payments.
But, as a rule, a bank or a credit organization previously informs the non-payer of its loan obligations during phone calls and notifications sent by mail. If the delay has occurred due to the absent-mindedness of the payer, then this means is valid.
But if the borrower has nothing to pay the loan, what should the bank do? If there is no answer to any calls from employees of a financial institution, the bank will apply more stringent measures. For example, some organizations use a special clause of the contract, which discusses penalties or the obligation to immediately repay the remaining loan amount.
If the client does not respond to requests for repayment of the debt, the creditor has the right to send the case of the evader to the court and, by decision of the court, recover the full amount of the debt and the costs of the claim. As a result, the bank can achieve confiscation of property in payment of the loan. In the event that the borrower does not own property, the court may make a decision on deprivation of liberty.
How not to pay a loan and what will it be? Recently, banks have been practicing transferring “credit business” to collection organizations. The working methods of such agencies do not always fit into the legislation of our country. It should be noted that there are two types of collectors: “black” and “white” - the so-called extenders.
They have different ways of working, of course, but the goal is one. So do not be surprised at the not very correct vocabulary on the other end of the telephone wire when talking with a representative of such an organization. Threatened phone calls to the borrower are not the limit. Collectors can visit a negligent client and personally and not at all in a friendly atmosphere explain, “how much is parsley in Saratov”. At the same time, no one bears responsibility for damage to health and property.
The case came to trial
If the bank through the court has achieved repayment of the loan debt, then we can expect sanctions of a different plan: the bailiffs have the right to seize all property - real estate, household appliances, jewelry and other your valuables, including your handkerchief. In principle, the situation is no different from a collection invasion.
Another answer to the question: “I do not pay a loan, what will happen?” Is the restriction of freedom of movement. If there is an outstanding loan debt, a Russian citizen risks not going abroad, as the customs have the authority not to release the defaulter. Only after the full payment of the debt do you have the right to cross the border of our homeland.
If the borrower does not pay the loan, similar sanctions may apply to the guarantors of the loan, since any party to the loan agreement has a certain responsibility. Therefore, before drawing up such an agreement, think about it. Maybe you should find another source of a loan?
If, taking a loan, the borrower did not intend to return the funds, then with a competent charge, the court can qualify the case as fraud. The fraudster faces up to 2 years in prison, depending on the aggravating circumstances and the amount of debt, as well as behavior in the process.
In principle, there is no true way how not to pay the loan legally, therefore, if you owe a little debt to the bank or are unable to pay off the current payment, you should not hide from representatives of the credit institution.There is always a way to solve the problem kindly. Moreover, the agreement provides a list of situations when the bank is moving towards. You can ask the bank for a delay or change the payment schedule, change the terms of the loan.
Reasons for loan delinquency
The staff of any bank has a department for dealing with overdue loans and troubled borrowers. The duties of its employees include the identification and fight against defaulters.
How can a loan delay occur? There are several reasons:
- When drawing up a loan agreement, the borrower gave the bank incorrect information about his solvency.
- Change in customer income. This section includes: sudden illness, job loss, a change in salary not in favor of the borrower, the emergence of new dependents and other social reasons.
- Unstable income.
As a rule, the bank makes concessions. And if you don’t have the opportunity to pay a loan, then some aspects of his “lame” payment are quite solvable amicably.
How to calculate the strategy of negotiations with the bank, if there is nothing to pay the loan?
Sometimes force majeure situations arise, for example, you get sick or lose your job. Credit payment has stopped, and there is no way to pay. And the debt in tandem with interest and penalties is growing exponentially, and you ask yourself: "I do not pay credit, what will happen?" Here are some tips to help you get out of the debt hole and provide the opportunity to legally not pay the bill.
There are three behaviors with bank representatives:
- Call the bank and try to agree on a deferred payment;
- To achieve a quick collection procedure, and as a result of a court decision to fix the amount of debt, which is no longer subject to interest rates;
- Get a debt collection procedure on favorable terms for you. This item includes activities such as, for example, selling collateral at an optimal cost;
After you have decided on a behavior strategy, it is worthwhile to carefully prepare for the procedure. To do this, you must:
- Prepare documentation for processing. It is imperative to have in hand a certificate of confirmation of the full loan debt and duplicate payment documents (checks, receipts).
- Inform the credit institution about the reduction in their payments and indicate the reason. Continue to pay the lowest possible amount. As a result, quite legally, you are not a malicious payer.
- Do not avoid direct communication with representatives of the bank. At the same time, refuse to communicate with the bank's security department. Try to call yourself and warn that you cannot pay the payment due to insolvency. It is better to indicate a good reason.
- Examine the loan agreement. To do this, it is better to seek help from a specialist. This will significantly save time, effort and money. It also guarantees the desired outcome.
How not to pay a loan? So, there are four steps: tactics, preparing documents, studying the problem and negotiating. And remember the main axiom: non-payment of a loan is not a crime. This is your right, your position in a dispute with a bank.
Some tips on how to behave during negotiations with the bank
- Your right not to pay a loan. And this is not a violation of the law. Each entity in this case protects its rights and interests. The borrower is interested in minimal costs and consequences. And the lender hopes to recover the debt limit in tandem with the maximum wrap. How not to pay a loan? A lawyer will help you navigate in this area and adequately determine the position that you should adhere to in the process.
- The more time you spend on the process, the more profitable for you. But at the invitation of a lawyer, remember that its benefits are double. After all, the longer the proceedings, the larger the amount of his fee.
- Do not be afraid to negotiate with the bank. An organization needs money, not the problems associated with the process. Therefore, the bank is interested in making concessions.
- Do not give in to emotions and get hysterical.Such numbers will not only not cause regret, but, on the contrary, will play a cruel joke with you.
- Do not trust anyone, not even a lawyer. Therefore, record all the records.
- As a rule, the court takes the side of the borrower. That is why credit organizations prefer to solve the problem with the borrower or his representative.
How not to pay a loan legally? What to offer the bank as an alternative to debt?
- One of the main options for paying off debt is collateral. The main task is to evaluate it to the maximum or try to sell it yourself on more favorable terms.
- You can discuss with the bank the possibility of restructuring. That is, pay only the interest on the loan, and freeze the loan body for the time being. Many banks take this step, subject to an increase in interest rates.
- The adoption of a borrower as a bank employee is also sometimes considered. At the same time, all his income is directed to debt repayment. Or you can offer your services if, for example, you are a programmer, driver, etc.
- Provide the bank with a rental car or property.
In the event that the amount of the debt is less than one hundred thousand rubles, then negotiations can be conducted personally with a representative of the bank. But if the loan amount exceeds this limit, then it is advisable to contact lawyers.
Guarantees that you will receive in case of contacting a lawyer
- The possibility of reducing penalties for a loan.
- Dialogue with the bank will be much more constructive and fruitful.
- Guarantee of legal protection. Since many ordinary people do not know enough about their rights, they are easily misled.
- You will pass the stage of communication with the collectors. And good advice from a specialist will help you feel more confident.
Bailiff behavior
- Talking with authorities is necessary politely.
- Try to provide strong evidence that you have done everything possible to comply with the contract.
- And, of course, personal contact. Bailiffs are people too. And sometimes they don't like what they do at all.
Moral factors
The moral side of the question: “How not to pay a loan to a bank?” Also has a place to be. It is worth considering that the bank's specialists are subtle psychologists. And during the negotiations you may be subjected to some pressure, for example, a bank employee can be rude, threaten, shame you.
Do not go on about your character if you are not a conflict person. This is not the case when you need to concede. This is the strategy of the bank - to break you down and force you to take extreme measures. Keep calm!
And do not forget that for a bank this is not a problem, but its work, business. And loans are the main activity. In addition, non-return of the debt or part thereof is provided for in calculating the loan rate. The bank has already taken into account all errors and situations, having insured itself with additional guarantees. And your debt has already been fully paid off by other customers of the bank.
In order not to rack one's brains on whether it is possible not to pay a loan or not, it is necessary to evaluate your financial capabilities before signing a loan agreement, whether such a payment can be done. But everything happens in life. And if you are faced with a situation where you have nothing to pay a loan, think over your tactics well and be patient.
The consequences of loan defaults may vary, court, nerves, bailiffs with the arrest of property, but this is the final stage. Most microfinance institutions transfer debts to collectors, and do not engage in this muddy collection scheme.
Yes, you can not pay on loans, but a person should have steel eggs ... nerves. Otherwise, collection agents will find weaknesses, will press while the debtor but extinguishes everything in the world.