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A Situation when a customer takes out a loan for the purchase of goods, but for some reason this product gets, is not uncommon. Debt to the Bank remains, and with it the delay and tainted credit history. Who to blame how to behave and whether to pay on this loan?
In April the user Banks.Roux under the name Railnur issued online loan HomeCredit on the purchase of the phone in the shop "M. Video". "Upon receipt of the goods, the store refused me to issue in connection with a damage passport. The order was cancelled on the day credit I was told that the credit will be forfeited. It's been 2 months, but the loan was never cancelled. Calls and letters in support of don't help," wrote Railnur at the end of may in the "people's rating" of Banks.ru. (Here and hereafter retained the spelling and punctuation of the authors of the reviews.)
"on 15 March I issued a credit for merchandise that are unable to for technical reasons store. I left a request for cancellation of the credit in a mobile application," said the user Ag.Shulgina. Cancellation process was delayed for a month, and the loan was written off monthly payment.
a Similar situation — when the loan is, and can arise for many different reasons. Product was not in stock, it was lost or damaged during shipping, had to return because of marriage, an error occurred during the execution of the contract of purchase and sale, etc. And the loan contract is signed, and it works. On the debt accrue interest and if not paid, it accumulates overdue, start calling from the Bank, and then by collectors.
Who is to blame?
the purchase of goods on credit are two contracts: credit with Bank, purchase and sale with the seller. The Bank and the seller may not be related to each other. Therefore the seller not to fulfil its obligations under the agreement does not cancel obligations of the borrower to the credit institution.
"In General, the described situation is the risk of the client. A similar situation can occur when calculating the cash when the seller of a product/service does not fulfill its obligations under the relevant agreement, the customer will pay," — said the Director of Department of consumer crediting in points of sales Rusfinance Bank Alexander Voronin.
Since the seller is not a party to the credit agreement, and to initiate its cancellation he can't. "The Bank in this case, the termination of the contract is not interested, as the need to pay under the credit agreement, not tied to the receipt of the goods by the buyer" — draws the attention of the General Director of legal company "Glazunov and Semenov" Valery Glazunov. It turns out the buyer was the only interested party, and to initiate termination of the contract should he.
What to do?
While the credit contract is not cancelled, the buyer is the borrower and the Bank must make payments before the settlement of the situation. Otherwise it will increase the delay, which is fraught with a damaged credit history and the transfer of debt collectors.
Some banks may cancel the credit contract automatically, if the seller is the delivery of the goods is not confirmed. "However, the client should verify that this (cancellation of the contract. — Approx. ed.) has occurred . The operation of processing the loan and the operation of transfer of money as payment for goods is a different operation. And despite the fact that payment has not occurred, the loan was issued and the funds are in the account of the customer," — says the Deputy Chairman of the Board of OTP Bank Alexander Vasiliev.
In the case of non-receipt of goods or delays in delivery, and also when you return or exchange purchases to expect that the Bank will automatically terminate your credit agreement is not necessary, said the head of the Department of legal regulation of economic activities, Financial University under the Government of the Russian Federation Gulnara Ruchkina. If the buyer already paid for the goods at the expense of credit funds, but for some reason didn't get it, he can go to the store with a notice of refusal from the contract of purchase and sale under paragraph 1 of article 463 of the civil code and to require the seller to repay indebtedness under the credit agreement to the Bank and to compensate for the payment of interest on the loan. Then with a copy of this document, the borrower must contact the Bank with the statement for the termination of the credit agreement, adds Ruchkin.
If the seller refuses to refund the amount paid for the loan interest, the buyer may file a lawsuit. The requirements may be included on the item price and paid interest and moral damage, damage to credit history and reputation, adds Valery Glazunov.
In the case of Railnur and Ag.Shulgina all ended relatively well. Agreement, the Bank cancelled and credit history corrected. However, such stories are repeated and will be repeated, because the seller is not liable for the loan taken by the buyer, and the Bank to initiate the termination of the contract, there is no reason.
Evgeniya OGURTSOVA, Banki.ru
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