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Banks in favor of the amendment, which would allow them to change the order of repayment by the client of the loan. Financial experts claim that this will improve the situation of borrowers and will help them to pay. However, experts fear the growth of unfair practices and a sharp increase in the number of complaints from Bank customers.
the Association of Russian banks (ARB) sent at the end of last week, the Central Bank and the Supreme court (SC) a letter asking them to support amendments to legislation that will allow banks to determine the order of repayment of the loan if the amount is not enough for complete fulfillment of the obligations. ARB proposes to make amendments to the law "On consumer credit (loan)". "The order of repayment of debt of the borrower... can be changed by agreement of the parties to the agreement of a consumer loan (loan) if such change does not lead to deterioration of the borrower",— stated in the bill.
Now the order of repayment of debt established by the Civil code and the law "On consumer credit (loan)". So, first and foremost, eliminated interest arrears, then the overdue principal debt, fines and penalties, interest for the current period, the main debt of the current period. Bankers believe that the terms of the loan agreements may stipulate the right of a creditor to change the priority of repayment, without compromising the performance. For example, the right to pay a penalty in the last turn. "Such conditions correspond to the interests of consumers, creating the opportunity to reduce the debt burden on conscientious borrowers who are in situation of delay of execution of obligations",— stated in the letter to the ARB.
However, the CPS when verifying the terms of contracts of retail loans points to the inconsistency of provisions on the establishment of improving the position of consumers of the priority of debt repayment to current legislation and attract them to administrative responsibility. In the CPS, and the sun was unable to immediately provide a comment. The Central Bank confirmed the receipt of the letter and said that "following its consideration is to be formed position."
Bankers indicate that a situation when borrowers have financial difficulties are not uncommon, and the amendments will create preconditions for reduction of debt with insufficient funds for full repayment. According to the Vice-President of the regulatory Department of retail products of Bank "URALSIB" Elena Kolicevo, the ability to change the order by agreement of the parties, and not hard setting it will take into account the individual characteristics of each situation. "It is appropriate to give the parties the right to change the order of repayment of the loan debt by installing, for example, the priority repayment of principal in situations of forced increase of debt,— says Director of legal Department of the banking business of ROSBANK Alexander Kudryavtsev.— In case of problems with repayment of the loan the borrower will be able by agreement with the Bank to repay the overdue principal debt previously interest and penalties, which in turn will reduce the base for interest calculation". Often the lender subject to the borrower a new repayment schedule even refuses a penalty, adds Ms. Kulicheva.
the Presence of a clause on the inadmissibility of deterioration of the borrower for the banks eliminates the possibility of abuse, insisting their representatives. But experts doubt that this can be a guarantee of the absence of negative consequences for the borrower when bad faith of the lender.
"These lenders are to convince borrowers that a different order of payment loan is better and while a consumer will not appeal to professionals, he may not know that his rights have been violated," says the head of the Department of quality control NJUS "Emulex" Nurida Ibragimov. According to the head of the onf project "For the rights of borrowers" Evgenia Lazareva in difficult situations for good faith borrowers can be carried out restructuring procedures, to provide a payment holiday, to conclude a supplemental agreement. "According to our surveys, 95% of consumers sign a contract, even if not aware of the terms and conditions or do not agree with them,— she adds.— The majority of complaints clearly indicates that at the Bank they weren't talking about that in the end contained in the contract".
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