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Currently, most loans are issued on the terms of compulsory insurance of collateral, life of the borrower or loss of a source of income.

According to the law, such an action can only take place when issuing a property loan, but financiers resort to some tricks. For example, policyholders are offered more favorable borrowing terms.

In case of early repayment of the loan, bank customers may face the problem of returning part of the insurance premium. In most cases, financial institutions deny individuals such a request. As a result, borrowers question the legality of such actions.

Due to the large debt burden of the population, the percentage of outstanding loans is increasing every year. Loan insurance against non-repayment, in turn, is a kind of protection against financial risk for the bank.

Naturally, the bank will not tell the client about possible options for reimbursing such Money. But sometimes we are talking about several tens of thousands of rubles.

Until recently, this was the case. If the borrower, when signing the loan agreement, agreed to issue an insurance policy, then he had no way back.

When applying to the insurance company with an application for the return of part of the funds in connection with the early repayment of the debt, citizens received a guaranteed refusal.

From a legal point of view, such a service is provided with the voluntary consent of the client, as evidenced by the signature on the contract. Therefore, it is almost impossible to prove that such a waste of money was forcibly imposed by the bank.

In 2016, the Bank of Russia settled some issues insurance market. Thanks to this, citizens who took out insurance, under certain circumstances, got the opportunity to terminate the contract and withdraw money.

Under the new legislation, an individual can apply for a refund within five days. The insurer is obliged to pay the applicant within ten days.

Under what conditions is it possible to terminate the insurance contract

If insurance was issued when obtaining a loan, then in case of early repayment of such a loan, it is necessary to try to return part of the money under the current policy.

To do this, you should contact the insurance company with a certain package of documents, which will include:

loan agreement with the bank;
identification;
certificate of full repayment of the debt;
notification of the desire to terminate the insurance contract.

Quite often, borrowers make one serious mistake. To terminate the insurance contract, they apply to the bank. However, such actions can only be justified if the policy is an integral part of the bank package of documents.

In all other cases, it is possible to return insurance on a loan in case of early repayment only with a targeted appeal to the insurer.

In a detailed study of Article 958 of the Civil Code of the Russian Federation, it is worth Special attention draw on paragraph 3, which states that if the insurance contract for early repayment of the debt is terminated at the initiative of the borrower, then the insurer has the right not to return the remaining part of the funds to the applicant. However, regardless of this wording, lawyers manage to defend the interests of the client.

What kind of insurance can be returned?

In the credit sector, there are both voluntary and compulsory insurance services. The second option often takes place when applying for a mortgage loan, namely:

When receiving a car loan, a financial institution has the right to oblige the client to insure the purchased vehicle.

A mortgage loan without insurance is also rare. Banks can present insurance of the acquired property or the life of the borrower as a mandatory condition.

In other cases, the presence of a policy when signing a contractual relationship is voluntary.

The return of the insurance premium is possible in case of property, targeted, consumer borrowing in cash and non-cash form.

Most often, such loans are accompanied by the following types of insurance:

Policy in case of loss of source of income;
Life and health insurance of the borrower;
Financial risk protection.

Personal loan insurance is a legal procedure. However, this additional service is significantly more expensive. borrowed funds. If this procedure is optional, the borrower has the right to refuse it.

It will not work to neglect the mandatory policy, since the bank simply will not approve the issuance of funds. Therefore, before you refuse credit insurance, you need to clarify its status.

Return of consumer credit insurance

1 The most common and affordable is a consumer loan. This product is very beneficial for banks and insurance companies, which is why such borrowing is often accompanied by compulsory insurance.

2 Commodity loan can be of two types: with collateral and without collateral. A property loan most often falls under compulsory insurance due to the fact that collateral is a security for financial risk.

3 A consumer loan without collateral can also be burdened with a policy, but according to the law, the borrower has the right to refuse it even after signing the contract. If the client submits an application within a month, the insurance company is obliged to return 100% of the money to the client, after this period the refund will be carried out in accordance with the terms of the insurance contract.

It should be noted that the client has the right to return the premium paid during the so-called "cooling off period". This concept has a legal basis and is a kind of "loophole" in the law, which can be used as follows.

In order to understand how to get a loan without insurance, you need to carefully study the algorithm of the following steps.

First, it is fundamentally important to carry out the operation within five days. Secondly, to get a refund for the service, you need to contact the insurance company.

This is where the application for cancellation of insurance is submitted. By law, the money paid must be returned to the client's account within 10 days. In case of refusal, the borrower has every right to apply to the court.

As for the change in the interest rate on the loan, then the situation is as follows.

If there are certain clauses related to insurance in the terms of the contract, it is quite possible to increase the cost of the loan. However, if there are no such reservations, the borrower can safely refuse unnecessary expenses.

Collective insurance can be dangerous

At first glance, the "cooling off period" is a reliable protection against compulsory insurance.

However, Russian banks turned out to be quite resourceful and came up with their own insurance scheme.

As you know, the presence of a policy has a direct impact on the size of the interest rate, also this legal document protects the bank from financial loss.

In this regard, so that the client could not refuse such a service, lenders began to offer borrowers to become participants collective agreement insurance. What does it give?

The Central Bank can regulate issues on the "cooling off period" only in relation to individuals. And in the case of collective insurance, the bank acts as an insurer. In other words, a financial institution simultaneously insures its entire loan portfolio against possible negative consequences and, in turn, adds borrowers to this agreement, often without explaining the details.

As a result, an individual cannot opt out of insurance, as it is part of a legal contract.

In connection with the foregoing, when drawing up a loan agreement, you need to carefully study all the conditions of the loan provided. Legal literacy will always help to avoid unexpected expenses, hidden interest and commission fees.

Insurers often take advantage of the haste and inattention of the client, palming off a contract with dubious conditions for signing. Also, when approving a finished document, you should always pay attention to its date, otherwise the contract drawn up retroactively will not allow to an individual take advantage of the cool down period.

Before starting active actions to return part of the sum insured under a contract that was repaid ahead of schedule, you must carefully study its conditions. Perhaps, this requirement will have to be presented not to the bank, but to the insurance company.

In the first case, when the beneficiary is a financial institution, the loan agreement should clearly state the procedure for returning insurance on a closed loan.

But banks and insurance companies often use simple standard forms that contain a minimum of information, and where the main conditions are spelled out in general phrases.

Quite often, from a legal point of view, insurance payments are considered by the bank as additional service or commission income. Therefore, unless otherwise specified in the contract, such amounts are non-refundable.

A more loyal attitude to the client today can only be found in the leading Russian banks(Sberbank, VTB, Rosselkhozbank). With good financial support, such companies can afford to refuse to assign an insurance premium and thereby create a reputation for themselves as an honest bank.

When applying for a loan at a bank, the client already knows that, in addition to the funds taken, he will need to return a commission for their use. These percentages can be very significant, especially if the additional costs include the amount of insurance. It will not be possible to avoid it if the loan is issued for a long time secured by property. But there is also good news. These costs will be offset if the debt is paid ahead of schedule. How is the return of insurance in case of early repayment of the loan, you will learn from this article.

Restrictions

In any case, it is worth striving to repay the debt to the bank ahead of schedule. Such an action will affect the state of personal finances and improve the client's credit history. Previously, banks charged additional fees for such an operation. It was not profitable for customers to repay the loan ahead of schedule. Today the situation has changed a little. Banks are still interested in customers using their money for as long as possible. No commission is charged for this operation, but special conditions. For example, in the case of mortgage lending, the following restrictions may be fixed in the contract:

Early repayment is allowed after a certain period (3 years or months) after signing the documents.
The amount of the payment cannot exceed the established limits (for example, twice the monthly payment).
In rare cases, the contract states that this operation is generally impossible.

Early and partial repayment are not equivalent concepts. In the second case, the amount of the monthly payment increases. This can affect the debt repayment schedule in different ways. If such an operation was agreed in advance with the bank, then the amounts and repayment periods will be recalculated. In the standard scheme, early repayment helps to reduce future payments (by reducing the amount of interest). In annuity - you can only reduce the loan term. The payment amount will not change.

How to pay off a loan early

Details of this operation can be obtained from bank employees. Sometimes it is necessary to write an application in advance (the deadlines are clearly regulated). It may take some time before you are allowed to repay the debt. 3 days after repayment, it is worth calling the bank back and clarifying the result of the operation, making sure that the bail arrest is removed from the property. Do not be too lazy to order a certificate of no debt. It is issued for a long time and not for free. But this is an additional guarantee against unforeseen surprises.

Termination of the contract

The grounds for early termination of the insurance contract are specified in Art. 958 of the Civil Code of the Russian Federation. The agreement ceases to be valid after the occurrence of an insured event - payment or the risk of completely terminating its existence. This may be damage to property without the occurrence of an insured event. In such a case, the company is entitled to some part of the premium. The client may refuse to sign documents. But the entire premium paid is non-refundable.

The Civil Code of the Russian Federation (Chapter 29) provides for the following grounds for termination of the contract:

violation of the terms of at least one of the parties;
a significant change in circumstances;
by agreement of the parties;
if the insurer fulfills all obligations;
in case of non-payment of contributions on time;
upon liquidation of the insured or his death.

How to apply for a refund of insurance in case of early repayment of a loan?

Immediately after the return of the debt, you need to contact the company with the following documents:

a copy of the contract;
the passport;
a certificate from a financial institution, which confirms the fact of payment of the drog;
an application for the return of insurance in case of early repayment of a Sberbank loan (if we are talking about this organization).

Many clients make one mistake: they first apply not to a company, but to a financial institution. If this service was included in the general package, then you need to issue a refund of insurance in case of early repayment of the loan with a pre-trial claim. The response from the bank must come no later than 10 days later. If this does not follow, it is necessary to prepare statement of claim. The meeting is usually held for one to two months. Based on its results, the final decision is made. In order to receive a refund of insurance upon early repayment of a loan at Trust Bank, it is better to prepare in advance information about all illegal commissions of the institution.

Practice

VTB, on the basis of the client's application, issues a refund of insurance in case of early repayment of the loan. Sberbank and AutoCreditBank are also calm about this issue. But in "Absolute" and "Binbank" they believe that the amount of the payment is not large, so it is not refundable. In this case, the court can not be avoided. Rospotrebnadzor is on the side of the borrowers in this matter. This structure actively works with all complaints and provides useful advice.

Return of insurance in case of early repayment of a loan at Alfa-Bank

Such an opportunity appears after the disappearance of risks - the payment of the amount, taking into account interest. Very often, customers do not even know that insurance is included in the contract. Such actions of employees automatically fall under Art. 159 of the Criminal Code of the Russian Federation (Chapter 21). If the borrower refused insurance, then the rights of the consumer are violated. Although the data about the service was incorrectly presented by the seller, banks most often refuse to provide money on credit in such cases.

The law states that the service is voluntary when it comes to life and health insurance. Credit institutions do not have the right to impose it. financial risk exists in every case. The client himself must decide whether he needs an additional guarantee. If he takes a loan from a bank and knows for sure that he will repay the debt ahead of time, then why sign at all? supplementary contract, and then think about how to issue a refund of insurance in case of early repayment of a loan (in Home Credit, for example)?

Types of insurance

Most often, banks offer their customers the following insurance options:

Life, health - the company undertakes to reimburse the remaining debt for the client if he becomes disabled or dies during the period of the contract. In this case, the heirs are released from paying the debt.
Property (car, apartment) - in case of serious damage, they must be fully paid by the insurance.
Job loss is a risk associated with the lack of a source of income.

The company, upon the occurrence of an insured event, must transfer to the bank the amount to repay the debt in full or in part. The contract is renewed annually until all the money is returned. The costs are borne by the borrower. In practice, it is difficult to collect the entire package of documents that the bank requires at the time of the insured event in the first two situations. In the third option, the payment will occur only in the event of liquidation of the enterprise.

How much money can you get?

Hurrying up with the payment of the debt and thinking about how to issue a refund of insurance in case of early repayment of a Sberbank loan is also worth it because the price of this service is 85% too high. The contract often includes clauses that make the process of the occurrence of the case extremely difficult. Even if the service is purchased together with a loan (without collateral), the user has one month to refuse additional warranty and ask for a full refund of the amount. But in this case, in order to receive a refund of insurance upon early repayment of the loan, you must contact the guarantor, who must recalculate the time of using the service, deduct the money that was paid during the period of the contract, and return the balance.

If the application is submitted in the first quarter of the program, the client is entitled to receive half of the fee. Further, the amount will decrease. This service is provided for in Art. 343 of the Civil Code of the Russian Federation as mandatory only when applying for a car loan or mortgage. At the same time, the contract may immediately contain a clause stating that the return of insurance in case of early repayment of the loan to VTB 24 is impossible. Then the appeal to the authorities will not bring results. In all other cases, the client has the right to demand their money back.

Another option is not to pay insurance after the loan is repaid to terminate the contract automatically. But in this case, it is better to consult with a lawyer in advance, who can study in detail the paragraphs on the responsibility of the client.

If the return of insurance upon early repayment of a loan at Sberbank of Russia is issued without problems, then the client can receive:

one-time contributions;
insurance payments;
amounts paid through the bank.

Insurance imposed by a financial institution also belongs to this group. They are used to secure the risks of banks at the expense of the client's money.

Who to ask for help

In Russia there are non-profit organizations for the protection of consumer rights. They help clients arrange a refund of insurance in case of early repayment of the loan. Arbitrage practice is ambiguous. But if the bank imposed this service itself, then the probability of a positive decision is high. The company's lawyers have a practice of challenging such issues in court in accordance with the laws of the Russian Federation. The meeting takes place without the participation of the applicant. The client does not bear material costs and data confidentiality is maintained.

One of these organizations is the Human Rights Defender, which operates throughout the Russian Federation. This structure accepts an application for the return of insurance for early repayment of the loan no later than three years after the event. Banks can't trace them. The interests of all citizens are protected, regardless of their social status. Services are paid at the expense of the bank by a court decision.

Practical Steps

The return of insurance in case of early repayment of a loan at Renaissance depends on the following nuances:

the presence in the contract of a clause on any restrictions in this operation;
the time of using the service (applying within the first month will allow you to return up to 100% of the amount, a quarter - half, then the calculations will be carried out by days).

Practice shows that independent steps of clients in this direction often do not bring results. It is better to act through specialists. In Krasnodar, Bashkortostan, Tatarstan, there is a MOOP of the RFP. Thanks to the extensive practice of lawyers in such companies, the issue can be resolved in favor of clients during the trial.

Sequencing

Consultation with a specialist on the list of required documents, the procedure for compiling, processing and filling out an application.
The claim is submitted to the bank before going to court. It is made in duplicate. The second should be stamped with the date of circulation.
An account statement must be ordered before contacting the bank. It displays the amount of debt repaid.
The claim must be drawn up by a specialist. The client will need original documents, a "live" signature. The date of submission will be announced additionally by mail.
The court session often takes place without a client. He only draws up a power of attorney to represent interests.
Writ of execution arrives in five weeks. It indicates the grounds on which the user will receive the money.

Collateral must be insured without fail. Ideally, this service is beneficial to customers and the bank itself. In practice, insurance cases do not always occur. And the fees for additional security can be very high. But if the funds are taken for a long time and on bail, then it is better to sign an agreement with an insurance company.

Compensation

Return of insurance in case of early repayment of a loan at Sovcombank is possible only for the amount paid to the company for a period that has not yet passed. If the contract specifies annual payments, then compensation for losses will not work. You can only stop transferring money to the insurance company after paying off the loan. Then the contract will be terminated due to violations of the fulfillment of obligations by the parties.

If permission to return insurance upon early repayment was obtained without filing a lawsuit, then the company can return to the client not all the money, but only part of the amount due, reducing it with additional costs. Specific methods for calculating the amount have not been developed by government agencies. In case of early termination of the contract, only one condition applies: funds can be withheld from the costs incurred for servicing the client. But in this case, you can request a printout of these costs.

Reasons for refusal to pay

Deadlines violated. If there was an early repayment of the loan, the return of insurance is carried out on the basis of an application. Non-profit organizations take on cases with a statute of limitations of up to three years.
The application is incorrect.
Documents on the fact of repayment of the debt are not attached.

As you can see, in order to avoid all kinds of unforeseen situations and mistakes, it is better to prepare an application with a specialist.

conclusions

If a long-term loan secured by property is issued, it is better to conclude an insurance contract. Before signing the documents, you should carefully study them. Ceteris paribus, if the contract itself does not contain restrictions, it is possible to issue a refund of insurance upon early repayment of the loan.

Sberbank and several other commercial financial institutions do not create additional problems for customers in resolving this issue. But not all banks are willing to part with money voluntarily. Most often, the problems will have to be resolved through the courts. In the Russian Federation there are non-profit organizations that have extensive experience in solving such issues. Experienced lawyers will advise on the preparation of documents and filing an application. Their services are paid by the bank by court order.

In 2014, G. entered into a loan agreement with the bank for a period of 60 months, the loan amounted to 750.6 thousand rubles. And at the same time - an individual insurance contract for the borrower against accidents for the same period. This was due to one of the clauses of the loan agreement. The insurance premium under the insurance contract amounted to 130.6 thousand rubles, and the sum insured as of the date of conclusion was set at 750.6 thousand rubles. It is important to note that under the terms of this agreement, the sum insured decreased as the debt under the loan agreement was paid off and was equal to 100% of the debt of the insured person, and could not exceed the sum insured as of the date of conclusion of the insurance agreement.

What requirements should the execution and signing of a loan agreement meet? The answer is in Home legal encyclopedia Internet version of the GARANT system. Get free access for 3 days!

In 2015, G. repaid the debt under the loan agreement ahead of schedule and ceased to be a borrower. Therefore, as she assumed, the insurance contract also terminated ahead of schedule. After all, if we proceed from its conditions, by this moment the sum insured was equal to zero, and the insurer had actually ceased to be obliged to make an insurance payment upon the occurrence of an insured event. This means, the citizen concluded, since the possibility of an insured event has disappeared, the existence of an insured risk has ceased - due to circumstances other than an insured event, the insurer is entitled only to part of the insurance premium in proportion to the time during which the insurance was valid (in this case - 32 days ). And the rest is subject to return to the insured, that is, directly G. She substantiated her conclusion with the provisions. As examples, when the insurance contract is terminated due to circumstances other than an insured event, in particular, the loss of the insured property and the termination entrepreneurial activity a person who has insured the business risk or the risk of civil liability associated with such activities.

G. turned to the insurance company, but she was told that the insurance contract could be terminated if the insured refused it, on the basis of, and not automatically, as the citizen suggested. True, in case of refusal, the insurance premium is non-refundable, unless otherwise provided by the contract ().

In a particular case, interestingly, the Personal Accident Insurance Program for Borrowers, on the terms of which the contract was concluded, allowed the insured to return 50% of the paid insurance premium if the contract is terminated on his initiative due to early repayment of the loan. But for this it was necessary to comply with certain conditions: the policyholder must terminate the insurance contract within the first 30 days from the date of its commencement and notify the insurer of this by providing the following documents: an application for termination of the insurance contract, a copy or original of the insurance contract, and also a letter from bank, confirming the full early repayment of the loan within the above period.

The insurer decided that these conditions were not met, therefore there are no legal grounds for the return of the insurance premium. In this regard, G. went to court.

However, the courts of both the first instance and the appellate instance refused to satisfy her demands. The court of first instance decided that the repayment of the debt under the loan agreement in itself is not the basis for the termination of the insurance agreement and the insurer's obligation to return the insurance premium. He pointed out that there were no grounds for application, and emphasized that the conditions of the Borrowers' Individual Accident Insurance Program were not met by the plaintiff.

These conclusions were also accepted at the appeal stage. The judges pointed out that the early repayment of the loan is not mentioned in as a circumstance for the early termination of the insurance contract, in connection with the occurrence of which the insurer has the right to only part of the insurance premium. They added that the early repayment of the loan does not indicate that the possibility of an insured event has disappeared, and the existence of an insured risk has ceased due to circumstances other than an insured event. The court of appeal concluded that the borrower's accident insurance contract continues to operate, and the insurance compensation for it does not depend on the term of the loan agreement.

But the Supreme Court of the Russian Federation took a completely different position on this case - according to its assessment, it is impossible to agree with the conclusions of the appeal. He explained that in this case, accident insurance is meaningless, it is impossible to pay insurance compensation, which means that the contract must be terminated ahead of schedule. Also, according to the Supreme Court of the Russian Federation, the court of appeal did not take into account that the list of grounds given in the grounds for early termination of the insurance contract is not exhaustive. And therefore, he concluded, the insurer is entitled only to a part of the insurance premium in proportion to the time during which the insurance was valid. That is, the other part can be returned to the insured.

According to the Supreme Court of the Russian Federation, the violations of the norms of law committed by the court of second instance are significant, in connection with which the appeal ruling must be canceled, and the case must be sent for a new trial to the court of appeal.

Thus, we can conclude that the possibility of returning the insurance premium depends on the terms of the insurance contract. In a specific case, it seems that the positive decision of the Supreme Court of the Russian Federation was associated precisely with a specific condition, according to which the sum insured decreases as the debt under the loan agreement is paid off and equals 100% of the debt of the insured person. At the same time, it is possible that the return of the insurance premium in case of early repayment of the loan will be provided for by the contract itself or, for example, by the Individual Insurance Program. But in this case, the insurance company will agree to return part of the premium only if the conditions specified in the contract or insurance program are met.

04/10/2019, Sasha Bukashka

Early repayment loan insurance is a service that is daily imposed by banking organizations when registering borrowed capital. Some banks refuse to lend at all if the client does not want to pay for insurance. We will tell you how to return insurance in case of early repayment of the loan.

Understand the situation: what is credit insurance

Not many citizens know that insurance is not prerequisite. According to current laws, only property that is transferred to a banking organization as collateral () is subject to insurance. The remaining proposals for credit money insurance are the net profit of the bank and the insurance company.

Consequently, the client has the right to refuse loan insurance. This is his personal legal right. However, banking institutions in this situation simply refuse to provide a loan or establish onerous conditions for cooperation. Therefore, most citizens agree to purchase an unnecessary insurance policy.

IMPORTANT! Money for the imposed policy can be returned! We talked about how to do this correctly in a separate article. Today we will tell you how to issue a refund of insurance on a loan in case of early repayment.

When will the insurance money be refunded?

Many are interested in whether insurance is returned in case of early repayment of the loan. There is no single answer to this question. It all depends on the terms of the insurance contract, which was concluded when providing credit funds.

What to pay attention to? In the insurance contract, in most cases, a clause is prescribed that when repaying the loan in advance, the insured is not obliged to return the money for the insurance policy. If this clause is present in your contract, then it is useless to demand money back.

Key conditions for a refund for an insurance policy:

The debt to the bank is repaid in full, in 100% volume.
There is no clause in the insurance contract that the insurance company is not obliged to reimburse the client.
All collected Required documents to issue a refund.

If you paid off the loan early, can you get the insurance back? An insurance contract will help answer this question. Study the document. If necessary, consult with a lawyer.

How much can you expect

Do not assume that the return of insurance in case of early repayment of the loan will be carried out in full. This is an erroneous misconception. The insurance company fulfilled its part of the contract, regardless of whether an insured event occurred or not. Therefore, claiming a full refund is pointless.

You can count on the amount proportional to the time of early repayment.

Bukashka Alexander Borisovich received a bank loan in the amount of 2,000,000 rubles for 5 years (60 months). At the same time, Alexander Borisovich paid 12,000 rubles for the insurance policy. Loan Bukashka A.B. repaid early in 20 months. We calculate the approximate amount of compensation:

We calculate the cost of services of the insurance company per month: 12,000 rubles. / 60 months = 200 rubles per month.
Unclaimed time period: 60 months. – 20 months = 40 months
Amount to be returned: 40 months × 200 rubles = 8000 rubles.

Consequently, Alexander Borisovich can only claim 8,000 rubles for the return of the insurance premium if the loan is repaid ahead of schedule. However, the insurer may demand payment of a penalty and other interest.

The procedure for the return of sums insured

You can return money in two ways:

Contact the banking organization in which the insurance contract was concluded and the borrowed capital was issued.
Go directly to the nearest representative office of the insured - the company that provided the insurance policy.

In both cases, you will have to draw up an application, as well as prepare a package of documents. Note that the form of the application for the return of insurance is not unified. Each organization may request an application drawn up on an individual letterhead of the company. The form can be obtained from a bank or insurance company.

In addition to the written application, the following documents will be required:

Passport of a citizen of the Russian Federation.
A valid policy or insurance contract.
Documents confirming the fact of payment of the debt (receipts, checks or a certificate from a banking institution).
Insurance premium payment receipt.

Note that some companies may require additional information and documents. An exhaustive list can be clarified upon contact.

How to write an insurance claim

The decision of the lender is directly affected by the correctness of the application. If the appeal is made with errors or does not disclose the essence of the claim, then the insurer has the right to refuse to reimburse the money. Therefore, it is important to correctly file a claim with the insurance company.

The announcement of the return of the sum insured in case of early repayment of the loan must be made in two copies. The first will remain with the insured, and the second with the applicant, but with a mark of receipt.

Pay attention to the next trick of insurers. Many companies have approved individual insurance claim forms. And appeals in any form are not accepted for consideration. In order not to miss the deadline for submitting documents, check this in advance. It is enough to contact the company in person or look at the official website on the Internet. If there is no unified form, it is necessary to take into account the required details for drawing up an application for the return of loan insurance. These include:

Full name of the insurance company to which the relevant application is submitted. Unscrupulous firms can hide their details. You can check the details with the bank where you received the loan.
Personal information about the person acting as the applicant. In addition to your full name, passport data and place of registration, indicate the individual number of the insurance policy.
Details of the insurance contract and the loan agreement, additional information about the transaction. It is necessary to follow the principle of openness. Write down the information in detail.
Refund requests indicating the amount of insurance on the loan. Write down not only the amount to be reimbursed for early repayment of the loan, but also information about the full cost of insurance. It is permissible to attach the calculation as an attachment to the application.
Links to legislative norms that the policyholder will violate if he refuses to return the insurance. Indicate articles 167, 168, 180, 421, 422, 919, 927 of the Civil Code of the Russian Federation, give a link to the law of 02/07/1992 No. 2300-1 "On Protection of Consumer Rights".
Information about the applicant’s bank account, to which the return of insurance should be credited, write down in which the account is serviced so that the payment arrives without delay. You can enter your payroll account number. But the numbers on the card itself will not work for the application.
Applicant's contact information. Enter a phone number or address Email for communication. You can also provide a mailing address if you wish to receive a written response. If the company refuses to return the loan insurance in case of early repayment, a written refusal will be one of the evidence in court.

The completed application must be signed by the applicant himself. It is also necessary to indicate the date of compilation. Along with the application, prepare supporting documents:

passport for identification;
insurance contract and policy;
loan agreement;
a check confirming the payment of insurance;
bank statement on early repayment of the loan;
information about the absence of debt on the loan.

Prepare copies. The original contracts, receipts and policies must be kept with you. You can apply in person or by mail by sending an application by registered mail.

return request template

(Name of the bank)

__________________________________________

From _______________________________________

The address: ____________________________________

Tel. __________

STATEMENT

Between me, _______________________________________ (full name) (hereinafter referred to as the Borrower) and ____________________________ (hereinafter referred to as the Bank) signed a loan agreement No. _________ dated ______________ for the amount of ____________________ (_______________________________) with a repayment period of up to ___________________, subject to the payment of interest in the amount of _____________ per annum (hereinafter - the contract).

I believe that the bank, providing me with financial services, violates the requirements of the law:

The concluded contract contains a condition that infringes on consumer rights established by law. According to clause ______ of the agreement, the provision of a loan is conditional on the borrower's life and health insurance services. This condition of the contract indicates a violation of paragraph 2 of Article 16 of the Law of the Russian Federation of 07.02.1992 No. 2300-1 “On Protection of Consumer Rights”, according to which it is prohibited to condition the purchase of some goods (works, services) with the obligatory purchase of other goods (works, services) .

Insurance is an independent service in relation to lending to citizens (Chapters 42, 48 of the Civil Code Russian Federation). The possibility of concluding (executing) a loan agreement is not made dependent by law on the fact of concluding a life and health insurance contract for the borrower. The conclusion of an insurance contract is a right, and not an obligation, of a citizen, since the law does not provide for the mandatory execution of this type of insurance (clause 3, article 927, article 935 of the Civil Code of the Russian Federation).

I believe that the condition of the agreement, which stipulates the provision of a loan by the provision of life and health insurance services to the borrower, infringes on consumer rights established by law and is invalid. In order to restore the consumer rights infringed by the contract, I consider it necessary to apply the consequences of the invalidity of these conditions (part of the transaction).

Based on the foregoing and guided by Art. 16 of the Law of the Russian Federation "On consumer protection", art. 167, 168, 180, 421, 422, 919, 927 of the Civil Code of the Russian Federation,

1. Compensate for losses caused to me under agreement No. __________ dated ________________ in the amount of the amount paid by me for life and health insurance of the borrower under the specified loan agreement in the amount of _________ rubles. (____________________________) within 10 days.

2. If the ten-day deadline for meeting this requirement is violated, I additionally ask you to pay for each day of delay a penalty (penalty) in the amount of three percent of the amount of losses in accordance with paragraph 3 of Art. 31 of the Law of the Russian Federation "On Protection of Consumer Rights".

Please send your answer in writing to __________________________________ ____________________________.

In case of non-compliance with the above requirement on a voluntary basis, I reserve the right to:

– apply to Rospotrebnadzor in order to bring the Bank to administrative responsibility for violations of legislation in the field of consumer protection;

- go to court with additional claims for damages, compensation for moral damages, court costs, as well as the collection of a fine for non-compliance with the voluntary satisfaction of consumer requirements (reason: clause 6, article 13 of the Law of the Russian Federation "On Protection of Consumer Rights") .

Full name _______________ "____" __________20___

Is it possible to return the insurance on the loan through the court

If the borrower repays the loan early and finance company refuses, you can go to court. The resolution of disputes in the courts is permissible if the insured has partially returned the amount, significantly underestimating the amount of the due payment.

To resolve the problems, prepare a statement of claim and documents:

Loan agreement and insurance agreement.
Documentary confirmation from the bank that the loan was repaid ahead of schedule and that there are no debts to the bank.
Calculation of the amount to be reimbursed. It is issued as an addition to the lawsuit.
Copies of the application to the insurance company for reimbursement of the sum insured.
A copy of the policyholder's response to the refusal or assignment of an inappropriate amount of payment.
A copy of appeals to Rospotrebnadzor (if available), if the applicant decided to settle the dispute out of court, but the insured refused to do so.

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