When customers get a loan from a bank, theyoffer to arrange insurance. The service reduces the risk of no return of money. And it is valid for mortgages and consumer loans. When an insured event occurs, the insurance company transfers funds to the bank. These relationships are governed by the contract, which spells out the rights and obligations of the parties.
But many customers pay off loans early,because of what the need for insurance is excluded. Not everyone knows how to return the loan insurance. This procedure has some features that need to be considered by all customers of banks.
History
In 2009, the Presidium of the Supreme Arbitration Courta decree was approved by which bank commissions referred to measures violating consumer rights. For several years, cases of the return of illegally paid money have been considered. Banks decided to abolish commissions, which were considered an important income.
Over time, increased rates for providingmoney on credit. When the Federal Law "On Consumer Loan" came out, a new problem appeared - the imposition of insurance when borrowing funds. Many clients began to file claims that loans were not issued upon refusal of the service. Moreover, the price of insurance is quite high, and a refund can not be made for each contract.
This increases the commission, and customers do not knowtheir rights. Because of concerns about refusing to get a loan, people apply for insurance. Even if the contract has been concluded, you need to know how to return the loan insurance.
Who needs it?
The need for insurance is still there.Banks receive collateral in a variety of ways. When the insured event has occurred, the insurance company transfers funds to the bank. If the amount exceeds the balance of the debt, the amount is paid to the debtor. With a lack of funds, the bank will keep money from the client.
Usually issued life insurance, health.This service is provided to protect real estate from adverse factors. They are prescribed in contracts. When an insured event occurs, the client must notify the insurance company so that compensation is provided. And after the loan is repaid, the insurance is repaid according to special rules
Types of insurance policies
Insurance provides for damagesin the event of the death of the client or harm to health, which causes problems with the fulfillment of obligations. The service is the most common in the banking sector. When he dies or is injured, the insurer pays the loan balance to the bank, and the bank is the beneficiary.
Another type of policy is insurance.property. It is considered mandatory when making a mortgage or buying a vehicle on credit. In case of loss, damage, damage to the acquired property, the insurer pays the loan amount. That is, by law, insurance of an apartment against fires, bays is considered mandatory. But the client decides whether to choose insurance against death and health problems. In this situation, the law is on his side.
Insurance features
By law, citizens are not required to enter into insurance.It turns out that the bank cannot force it to issue a service as mandatory, but the law says that no life insurance loans are issued. This applies to the mortgage and car loan. If the document is drawn up, payments are transferred continuously, then the question arises, how to return insurance on consumer credit?
The beneficiary in this case is the bank.But, as we have said, if there was full payment of the debt, the client can issue a refund. The bank performs recalculation and transfer of money. The insurer can receive only remuneration. Its size is proportional to the validity of the document.
If there was an early repayment of the loan, is it possible to return the insurance? Yes, in this case, a refund is possible. But if the debt is repaid on time, then the return of funds will not work.
The insurance procedure is different in each case. Everything is determined by the type of loan. It can be consumer and collateral. In the first case, life insurance of the client is performed, and in the second - property.
Economy options
From many customers of banks you can hear that theyimposed insurance on the loan. How to get her back? In fact, the client can only voluntarily make out. If this does happen, then the price of the service should not be included in the loan, since interest will be charged on this amount.
После выплаты кредита возврат страховки положен according to law. The client must submit an application, which will be considered by the bank. Please note that funds are not automatically transferred. Only after writing the application, submitting copies of documents and making a decision is the payment of money.
The condition for the transfer of funds isstatement. It is possible to return insurance on a Sberbank loan in the event that a client has a disease in which documents cannot be signed. The list of exceptions is in the contract. But before the signatures, medical examinations do not pass, and exceptions may be unknown to the client, so he pays for the services. In such cases, you must apply for recalculation and compensation of money. But the client will not be given the full amount, but 87%, since the tax is calculated - 13%.
Insurance in Sberbank
How insurance is paid back after paymentloan in Sberbank? The client has the right to refuse to participate in the loan program. To do this, we repeat, it is necessary within a month after the paperwork is made to apply to the department and write a statement.
But is it possible to return the insurance after paymentloan, if several months have passed? Yes, but then the funds will be transferred to the client with deduction of expenses for processing and taxes. This is about 50% of the down payment. You can return part of the premium if the loan is paid in full and ahead of time.
Before you return the insurance on consumer credit, you must make a statement in two copies. At the same time on copies of the client put a mark with the date of the document.
Mortgage
How insurance is paid back after paymentmortgage loan? The pledge is considered a guarantee of reparation after the termination of obligations. Cancellation of such a document without the payment of the loan is impossible.
But the refund occurs in cases where the loan is paid ahead of schedule, and insurance - for the entire period. You need to contact the insurance company and give the following documents:
- statement;
- passport;
- contract;
- certificate of debt repayment.
Then recalculation is performed, after which the balance is transferred to the client.
Principles of insurance return
Regulates such issues law on the returninsurance after loan repayment. There are 2 methods to solve this problem. The first is a pre-trial settlement. When the loan is repaid, the return of insurance funds occurs through the company that was engaged in registration. Do not contact the bank. A financial institution is considered an intermediary. Interest is paid to attract customers.
After repayment of the loan insurancecarried out in an insurance company. The client must write a statement in two copies, after which they are registered. If the company is far away, you can send a registered letter. The document should indicate the period during which the response will be expected. Along with this, it is necessary to order an extract from the personal account where it is indicated how the money was distributed.
And if there was no answer?
If the answer does not come, you need to contactRospotrebnadzor. A letter should be sent to this organization, having enclosed in it a copy of the application, inventory, notification of receipt of the letter. If there is no response from there, you should go to court.
A case may last for months.If the issue price is up to 50,000 rubles, then you should contact the Magistrates Court. Together with the application must submit a contract, loan payments, insurance agreement, determining the amount of the claim, an application to the insurance company, mail notification, response. It is necessary to calculate the amount of the claim. She is below the legal costs. You can try to recover through the courts, but this does not always help. Applications are accepted for three years.
If bank employees require you to take out insuranceon consumer credit, they must provide an alternative. Usually it is a program with higher percentages and an SMS alert.
Return under the current contract
To make a refund, first servedpre-trial claim to a financial institution. It is advisable to use the services of a professional lawyer. No later than 10 days from the receipt of the claim, the bank will respond. When drafting a claim, you should familiarize yourself with all the documentation on the loan.
If the bank gave a negative answer, it is importantmake a statement to the court. This procedure is best left to a lawyer. In addition to the court, it is necessary to apply to Rospotrebnadzor. There may be 2 types of lawsuit: with one, the applicant must be present in court, and with the other, he does not need to appear. The trial takes about 3-8 weeks from the date of the application.
Insured Bank
In this scheme, there is no insurance company. It turns out that the principles of the Civil Code do not apply to such agreements. If the loan was paid, the insurance will not be returned.
Listed Financial Awardis payment of additional services. It can be returned at early repayment. In this case, only the bank can pay part of the amount to maintain its reputation.
Features
How is a repayment after a loan repaymentinsurance? It is not necessary to independently deal with this issue - it is better to turn to lawyers. Usually some principles are involved. So, you need to focus on the wording in the loan issuance document that is associated with insurance. The contract indicates that it is valid for the entire period of use of funds. It turns out that if the loan is paid in advance, then the obligations to the bank are fulfilled.
You can also refer to the fact that there is no risk.The document is drawn up so that with the onset of the insured event the funds are returned to the bank. If the money was given ahead of time, then such protection is not required. By law, the insurance document is valid until the period for which it was issued, or if there are no risks of the insured event. Then the company is obliged to return part of the premium.
Not always similar arguments affect insurancefirms. Usually, issues are resolved with the help of the court. The results are determined by the position of the judge. But the possibility of a refund exists. The insurers, wanting to work with regular customers, enter into the documents the clauses on the rules for the return of the premium, if the loan is paid in advance. You also need to remember about the rules of insurance, which must be read in advance.
Arbitrage practice
And how to get insurance if the insurance company does notwant to accept documents? You must contact the consumer protection agency. Employees will deal with many issues, as well as your interests in court. With this method, after the loan is paid, insurance will be returned.
In practice, if financial institutionsimpose additional services to clients, the court decides questions in favor of the applicant. In loans, the organization is a seller of the service, which offers to issue another document. And thus the insurance is made out in almost every bank. To avoid any unpleasant situations in the future, you must first familiarize yourself with all the rules. To do this, you need to examine the terms of the contract and it is better to clarify any ambiguities immediately.
