If the loan became a burden, it is possible to get rid of it completely legally!
the Task at any cost to close the loan. Without the payment of the remaining debt.
So, dig a bit in your problem: is a loan, and it's something to do, however, pay nothing. You make the decision to get rid of this burden.
The statistics show, the more developed the banking sector, and the stronger the reservoirs to increase pressure on debtors, the more those looking for legitimate ways not to pay off the debts. This applies especially to situations of complete absence of money for repayment of debts. Is it possible such actions, and how realistic is it to leave the water clean?
First, it is worth noting the fact that no valid legal way does not allow to completely get rid of the debt. And if any commercial organization imposes to you such services, she tries to be misleading and dishonest to take advantage of you. At the same time, practice States that there are completely legal options to achieve cessation of payments on the loan, and in some cases reduce the amount subject to payment. But if you want nothing at all to pay and do not hide it, it is likely that the court will perceive your intentions as malicious evasion or fraud, which threatens serious responsibility.
the content of the article:
the Conclusion of the insurance contract for a private security
Many borrowers see insurance impracticable obligations of a financial plan, so strive to avoid this procedure. And this is partly true, since most of these banking products has the focus on insurance of risks of the Bank, not the borrower. But the recipient of the loan, in fact, nothing prevents to independently take measures for its own security, having a separate conclusion of the contract with the insurance company. This will ensure that you will avoid financial problems, temporarily deprived of the capacity for work or faced with other difficulties.
This approach will be the best option for security, especially if the loan amount is large, and the loan period is more than 5-7 years. It makes sense to think about buying the insurance in the case of a loan in the currency which is different from the currency of your income. Another significant reason to protect themselves by taking out insurance is the instability of the overall financial situation. In these situations, the insurance contract allows for a complete or partial covering of the debt at the expense of the insurer.
to Stop paying awaiting his trial
Many borrowers who had to face difficulties of financial character, and they give up and simply cease to make payments to the Bank based on the principle of "come what may". Of course, this is one of the options, but in this situation should prepare for adverse consequences in the form of lawsuits, threats from collectors, up to the forced withdrawal of your income or values.
What will follow the failure to pay the loan? First, the accumulation of the principal amount, which, in addition, will be added penalties, interest. Secondly, it is impossible to forget about the constant calls and visits from collectors. To avoid these phenomena, it is necessary not just to change the phone, but also to move. But in this case it is likely that the court will accuse you of malicious evasion from payment on the loan, and if the amount is 1.5 million R. or more, you can incur criminal liability.
On the other hand, if funds for the payment of loans really do not exist, to take such measures is possible, if the nervous system is strong and will withstand the pressure reservoir. The borrower reserves the right to bring the matter to trial. However, in this case interesting is the strategy of the borrower, which can develop a scheme to reduce the size of the loan debt to a minimum. Often the court goes towards borrowers, forcing to pay only the principal amount without interest and penalties. If the situation will develop very favorably, the debtor may not only "mow" part of the amount, but also to receive credit for the payment.
Statistics show that in recent times the courts are willing to side with debtors, if they can prove the complexity of the financial state, which creates obstacles for timely repayment of debt obligations.
the calculation of the failure to comply with the claim term
A couple of years ago, when debt was not a problem at the national level, many borrowers have received quite tricky, seeking legal grounds to fully get rid of the debt burden. They used the fact that there is a limitation period of claim of three years. It turns out that after that time, the Bank has no right to bring the borrower to court. However, at present, the use of this tool is problematic. This is due to several causal factors:
- banks have realized the cunning intentions of the borrowers, so sue immediately;
- if the borrower hides, the Bank seeks to sue even faster, which ensures strict compliance with the time limit;
- if the debtor will be declared wanted, this fact suspends the Statute of limitations.
In principle, this is legitimate, but in the modern realities of the market of crediting such a possibility – a theory.
to Receive vacation credit for the borrower to
This method is the most legitimate and civilized. Vacation credit – the most popular measure to solve the problem. They represent a time period during which the borrower terminate the execution of the contract. Usually this reprieve is provided under a chargeable basis, the cost can be a percentage of the payment amount and a fixed monetary amount or fee contained in the loan cost.
Sometimes the holidays can be a separate option, which can be connected, if the need arises. Also, this ability can serve as one of the items in the terms prescribed in the framework agreement. Full postponement is rarely given, but it allows you to not worry about repayment of the loan within the stipulated time period. With regard to the partial deferral, it gives right to exemption from payments on the principal debt amount, while the borrower agrees to pay interest.
Refinance is not acting as a meaningful way for the release of the loan burden, however, allows to reduce the amount. In the application of this tool expected to receive a new loan in the same banking organization or a third-party institution. The idea is to find the favorable conditions of the refinancing, which will be more profitable compared to current credit conditions. In the framework of this program received funds are directed to refund old debt, which entails the termination of the agreement.
to Look for loopholes in the credit agreement
If you do not want to pay the Bank the amount of credit legally, you should pay attention to this method, consisting in the invalidation of the agreement. To implement this intention, the borrower should do:
- careful analysis of the terms of the agreement, it is best to consult a competent lawyer;
- going to court with a claim about the requirement of a recognition of the contract 100% invalid.
the Essence of this method is based on the fact that the banks make mistakes, too. If you're lucky, can go to court and recover directly from a Bank or collectors of money in damages.
From October 2015, the subject of bankruptcy as a means of relieving the debt burden is the most relevant. You can go to arbitration, but this requires certain conditions:
- the amount of the debt exceeds 500 Tr;
- the delay in the execution of contractual obligations – more than 3 months;
- the presence of signs of bankruptcy without real intent and fiction.
The benefits of initiation of bankruptcy for the borrower:
- A moratorium on the repayment of all debt obligations;
- the suspension of the accrual of fines, penalties, interest,;
- the possibility of debt restructuring;
- the likelihood of actual write-off the debt amounts.
Indeed, in some practical situations, borrowers could seek debt relief, but only in cases where the available property is not enough to repay the principal amount.
In addition to the advantages, it is necessary to take into account the complexity of the procedure. After all steps should be performed clearly and consistently, with no margin for error. For the successful solution of the case is to enlist quality legal support that will require additional time and cost. Will have to pay not only a lawyer but also to Fund the operations of the financial Manager, have the obligation under the payment of legal costs associated with the sale of the property to repay the debt.
In General, the process of recognition of an individual bankrupt due to the impossibility of fulfillment of obligations should be considered as extremes in the case when other tools have been tried and have not yielded the desired result. But before taking this decision, should take into account that the fact that bankruptcy might create obstacles when trying to obtain credit in the future time. Therefore, make the measure worth only in extreme cases.