Every self-respecting banker will say that the main thing for the prosperity of his credit company is a guarantee that there are no risks. Therefore, one of the main goals of the lender is to protect its own working capital from force majeure situations. To do this, bankers try to get as many financial resources as possible from a potential borrower. Marketers and lawyers of financial companies have developed special tricks aimed at directly extorting money from clients.
In accordance with the loan agreement, both parties (the borrower and the lender) are required to comply with all the requirements and conditions of the agreement. In order not to get into an unpleasant situation, you should allocate time to study the loan agreement.
A potential holder of a cash loan has the full right to spend from half an hour to three working banking days studying the loan agreement. Moreover, the client has the right to take the standard agreement home or consult a legally savvy person. Special attention should be paid to the small print, which is used to hide a number of additional “optional” payments.
What should I do to get a refund?
For those who, after reading the loan agreement, have a desire to return some of their own funds spent on various commissions, there is a certain sequence of actions.
The first step to getting a refund is to support a legal specialist. Only a lawyer can file a claim in accordance with all the rules. It will specify the articles for which the trial will be conducted.
Then you should contact the bank and request a statement from the account of the holder of the money loan. After the statement is generated, you should collect all the check sheets and receipts that can confirm the payment of the loan.
And in conclusion, based on the personal account data and receipts, the lawyer will enter the amount of commission owed to the borrower for using bank funds in the statement of claim. To simplify calculations and save your own time, the holder of a cash loan can contact the Rospotrebnadzor.
Loan fees: Legal framework
In practice, it is only possible to invalidate a loan agreement if the lawyer makes a footnote in the statement of claim to law 16. This is a well-known law on consumer rights and their protection.
Stating that the holder of a cash loan is obliged to comply with all the terms of the agreement, but is not obliged to pay additional commissions imposed by the creditor company. This is about servicing a loan account. This service is provided “free of charge”, if the bank demands to pay for its maintenance, this is a violation of the law.
A credit organization is unlikely to give up their money just like that, for this you will need to fight and defend your case. However, some borrowers are so well-versed in law that they are ready to challenge the loan agreement and win the lawsuit.