How to receive an insurance premium after repaying a loan. How to return insurance after repaying a loan - Instructions

When applying for a loan, the borrower most often agrees with all the bank’s proposals. When the situation becomes less acute, there is an understandable desire to optimize costs. And here is the way out - an announcement: “we will return the commission, insurance, interest.” How realistic are such promises, and in what cases can it actually work?

Imposing additional life and health insurance services on the borrower has become a widespread practice. In this case, the client receives the amount minus the insurance premium, and in addition, the amount of monthly payments increases - sometimes up to 20%. Is it possible, and how, to return money for loan insurance if the bank has already fully withheld it upon issuance? It depends on the specific situation. Below we will look at the grounds for the claim, the general procedure, and examples of court decisions made both in favor of borrowers and in favor of banks.

In what cases and why can this be done?

The bottom line is that a transaction can be declared invalid if the terms of the contract violate legal norms. The consequence of such a decision will be a requirement to return the amount paid. Most often this is Article 16 of the Law “On Protection of Consumer Rights”, which:

  • declares invalid the terms of the contract that infringe the rights of consumers;
  • prohibits linking the possibility of purchasing one service with the mandatory purchase of another service.

The loss caused as a result of such actions is reimbursed to the buyer in full. We list the terms of the contract that may be declared invalid:

  • oblige the borrower to enter into an insurance contract, especially with a specific company; use additional services for a fee - this violates the right to free choice;
  • provide for the payment of one-time or permanent payments under the loan agreement not specified in the conditions - this indicates that the client was not provided with complete information;
  • if the choice options were offered: with or without life insurance, while difference in rates so great that it can be may be considered discriminatory- in practice more than 50%.

After numerous appeals to the court, almost all banks excluded insurance provisions from the texts of standard contracts. Now more often they “unobtrusively” offer to sign:

  • a separate petition to join the collective agreement, an application directly to the Investigative Committee;
  • Instructing the bank to pay the insurance premium from loan funds, transfer payments monthly minus service fees;
  • notification that when ordering additional services, the client is familiar with the bank’s tariffs and the amount of payments.

Thus, if the contract contains provisions that directly violate the law, there is a chance to return the money for loan insurance. If they are absent, then the claim can be motivated only on one basis: additional services were “imposed” on the client, otherwise the decision to issue a loan would have been negative. But this needs to be proven, which will be difficult to do if there are “voluntary” consents.

Where to apply and with what requirement

In general, the procedure can be described as the following algorithm:

  1. You need to carefully read the existing loan and insurance agreements. If it turns out that there are violations, prepare a claim to the bank. Despite the fact that the recipient of the insurance premium is the insurance company, losses arise due to the fact that an agreement was concluded with the bank that infringes on the rights of the borrower. Therefore, he must compensate them.
  2. The claim contains references to an article of the law and demands that the amount be reimbursed on a voluntary basis. It is considered for 10 days. If you receive a refusal, you must go to court.
  3. The buyer of the service can file a claim at the place of his registration; no state fee is charged. It usually includes demands for the recovery of specific amounts: damages, compensation for moral damage, penalties, fines for refusal to pay a claim, legal expenses.

Another situation arises when the loan is repaid ahead of schedule. For example, they took it out for 60, but paid it off in 24 months. Then a demand is made to the insurance company to collect part of the insurance premium. The issue is resolved in favor of the client only if the insurance contract expressly states that it is terminated upon early repayment of the loan. This practice is followed by the Bank of Moscow, Sberbank, VTB, but not all credit organizations. If the calculation of the insurance payment is tied to the balance of the debt, it is also possible to win the case: in this case, after the loan is paid off, it becomes negative.

In December 2013, amendments were made to the Civil Code of the Russian Federation and the law on consumer credit was signed, which came into force in July 2014. Transactions made in violation of the law are now classified as disputed, and the statute of limitations for filing them is 1 year. For previously concluded contracts, when they were recognized as void - 3 years. The countdown begins from the moment the loan is received. Unlike the borrower, the bank can collect debts from him within 3, sometimes even 10 years.

Position of the courts and examples from practice

Two essentially separate, independent violations of consumer rights are common:

  1. inclusion of unfair terms in the contract;
  2. imposition of additional services.

If the contract does not contain clauses on insurance, then the court does not find in them any signs of infringement of the interests of citizens. The fact of imposition must be proven, otherwise the conclusion follows that the applicant’s actions were voluntary. Cases are resolved positively when the documents do not separate the amount of payment for services and the insurance premium itself.

Let us give two examples of the Krasnoyarsk Regional Court, in which absolutely identical requirements were stated, but the decision turned out to be different.

Example 1

The claims were presented by the applicant to SB Bank. The bottom line was this: the life insurance service was imposed by the bank, the plaintiff’s right to free choice was violated in the absence of information about the amount of fees for the services.

However, during the investigation the following emerged:

  • the contract includes a clause stating that refusal of voluntary insurance does not affect the decision to grant a loan;
  • a separate application for inclusion in the group insurance program has been attached;
  • there is a notice that the service is paid, the borrower is notified of the cost of services and the amount of the insurance premium.

The court did not see any violations of the law, since the borrower confirmed with his own signature that he had received full information about the conditions and cost of the service.

Example 2

The claims against RGS Bank were satisfied by the court in full, including the recovery of compensation for moral damages and a fine in the amount of 50% of the amount of the claim. A positive decision was made possible due to an error made by the bank.

Also, as in the previous case, the client signed an application to join the insurance program with RGZh Insurance Company, instructing the bank to extend all the terms of the agreement to him and agreeing to pay the bank compensation for all costs in the amount of 90,000 rubles. It was this amount that was withheld from the loan amount. However, at the court hearing a bank statement was examined, from which it followed that it included:

  • insurance premium to be transferred to the insurance company:
  • bank remuneration for services, including VAT.

The basis for the positive decision was that the contract did not separately indicate the cost of the bank's services. Conclusion: the borrower was not provided with complete and reliable information. Without agreement with the client, RGS unilaterally determined the cost of the remuneration and violated the plaintiff’s right to make a free choice.

Find out what amounts of money can be recovered from the bank

A positive decision is more often made on old loan agreements, since in the last 2-3 years banks have changed their tactics of working with clients. In reality, only half of the decisions are made in favor of the borrower. When entering into a legal dispute, you need to remember that the banking system has a very competent legal service. However, after the adoption of the law on bankruptcy of individuals, credit institutions will be forced to maintain a reasonable balance between the desire to receive more money and the risk of not receiving anything.

Recently, when issuing a loan, credit organizations require that the borrower and his property be insured.

It turns out that insurance premiums are added to significant loan payments. Not everyone’s wallet can handle this amount of spending. Therefore, it is important to know how to return loan insurance.

What you need to know about credit insurance

The easiest way to get your money back for credit insurance is if the insurance act stated such a development of events even when the agreement was signed.

But it’s best not to take out insurance at all. According to Russian laws, if a borrower borrows, for example, from Sberbank or submits an application, then only then insurance is required.

Other types of loans do not require insurance. Only with the client’s decision (Part 2 of Article 935 of the Civil Code of the Russian Federation).

Typically, banking institutions, for example, Sberbank, do not provide loans after refusal of insurance. But since this is illegal, in this case it is necessary to remind them of Art. 16 of the Law “On Protection of Consumer Rights”.

The insurance return period should not exceed a month. Recalculation is done from the new month. For example, the client contacted on the 11th. They will count from the 1st day of the next month, and the remaining 19 days will not be paid.

The main mistake of almost all borrowers is that they go to the credit line rather than to the insurance company. This is only necessary if insurance is a bank service.

In other situations, if you plan to repay the entire loan, you don’t have to go to the bank. When going to the insurance agency, you need to take with you your passport, insurance, documents that the loan payment has been made, and photocopies of all papers. They must transfer the money either to a card account or give it in cash in an hour.

Difficulties in returning funds

Specialists from one of the largest banks, Renaissance, advise first to find out the conditions under which the agreement was signed. The credit institution itself, that is, Renaissance Bank, cannot be an insurer.

The borrower and the insurance company have the right to sign the insurance contract. The document must contain several conditions:

  • the price for services must be stated;
  • the procedure for paying contributions (they can be made once or monthly);
  • Sometimes it is stated that all payments are required in cases of a loan.

Although employees of Tinkoff Bank, when receiving a loan, say that you can refuse insurance and return the funds at any time, in real conditions all this is done with great difficulty. Borrowers often have to go to court to get their money back.

Let's give a small example. A resident of Moscow took it from Sberbank. After some time, he, having paid the entire loan amount ahead of schedule, turned to Sberbank with a request to return the money to him for the insurance.

We were talking about 15 thousand rubles. Sberbank did not want to resolve this issue, and then the borrower turned to the regional consumer union.

There they together drew up a statement of claim to the court, which took the man’s side. After that, Sberbank not only returned all the money for the insurance, but also paid him moral compensation.

Advice! Anyone who has encountered difficulties in returning their funds will be helped by the branches of the Consumer Union. In practice, this organization very effectively resolves issues regarding all citizen applications and can provide legal advice.

Insurance reimbursement options

There are 3 options for the development of events during the return of insurance:

  1. Refusal of refunds. This option is the most common, because banks refuse to receive the majority of those who apply for a refund. After all, contracts are deliberately printed in small print. It contains information that the insurance company will be exempt from returning funds, protecting the borrower when using the loan. To get your funds, you need to immediately contact the services of lawyers, because personally it is very difficult to achieve what you want.
  2. Partial refund. This is realistic in cases where more than six months have passed since the agreement was drawn up. The insurance company will insist that the bulk of the money was spent on administrative costs. If the amounts are large, you can send a request to receive printouts of the expenses incurred. This will make it possible to receive almost the entire amount. Usually, with this option, appeals to the judicial authorities cannot be avoided.
  3. Full refund. This result is possible when the loan was paid off within one to two months after it was issued. In this case, after this you don’t have to go to the courts, since the insurance company will not have any arguments about how they “could” spend part of your money.

Request for refund

First of all, you will need to write an application in order to contact a financial institution with a request for the return of loan insurance (including for).

Application (claim) form:

The bank itself can set the deadline for responding to customer requests (on average, about 30 days), after which it will respond (the money will be transferred to the specified account).

In the same case, when the bank refuses to return the funds, there is nothing left to do but go to court.

Claim form:

The court will consider your application and make a decision that partially or fully satisfies the plaintiff’s demands.

Making a decision to pay or refuse to pay

The financial institution, within no more than one month from the date of receiving a loan repayment application from the borrower, considers the issue of paying insurance for the loan or refusing. However, it may defer the decision in the case of particularly difficult circumstances or when the circumstances require additional verification, and also if:

  • The circumstances of this case have not been fully clarified or new circumstances have emerged;
  • The credit institution denies making payments under the loan agreement;
  • In connection with a criminal offense or drawing up a protocol on an administrative offense or filing a claim in economic, civil or administrative proceedings, or the entry into force of a court decision (economic, administrative court).

Return of funds upon early repayment

If the loan was repaid early and the signed agreement is still valid, then the borrower can return the remaining amount of money. When the loan has been paid in advance, you can simply stop paying the money, then the agreement will then close automatically.

In order not to be fined, it is necessary to review the part of the agreement where the borrower’s obligations are defined. First you need to write a statement and contact the insurance company. The following must also be submitted with the application:

  1. passport (must not be);
  2. a copy of the loan agreement;
  3. a certificate from a credit institution confirming full repayment of the loan.

The application itself must be addressed to the director of the insurance organization. It states the early termination of the concluded contract and the return of part of the amount of money. Such early termination of the agreement is possible in the following cases:

  • termination of the organization's work, if the insurance policy covered all risks associated with the conduct of this activity;
  • expiration of the agreement;
  • death of the person for whom the insurance policy was drawn up.

Refund of loan insurance

Loan insurance minimizes risks for both the bank and the borrower. But it is not always mandatory, and you can refuse the service after concluding the contract.

Dear readers! The article talks about typical ways to resolve legal issues, but each case is individual. If you want to know how solve exactly your problem- contact a consultant:

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How is loan insurance returned in 2019, what nuances do you need to know? For almost any type of lending, the bank offers to take out insurance.

Clients, fearing a loan refusal, agree. But not all borrowers are aware of the possibility of waiving insurance. Is it possible to return insurance premiums in 2019 and how to do it correctly?

What you need to know

It is quite easy to refuse insurance services even when submitting an application. You just need to inform the bank employee about your reluctance to take out insurance.

But such a decision can have negative consequences for the borrower. The most common scenarios for the development of the situation:

Denial of credit The bank often refuses to approve a loan application precisely because of the lack of an insurance policy. By law, the solicitation of insurance is prohibited. The only exceptions are those for which insurance is required. But at the same time, the bank is not obliged to voice the reason for the refusal. In the absence of other compelling arguments for a positive decision, insurance becomes the decisive factor
Significant interest rate increase Some banks offer loan products with and without insurance. In the latter case, the loan rate may be 5-10 points higher. Clients are afraid of an increase in the cost of the loan and they take out insurance. In practice, a loan with an increased rate may be cheaper than the cost of insurance
Tightening credit conditions The bank may insist on obtaining insurance not only by increasing the rate, but also by reducing the credit limit, increasing/decreasing the duration of the credit period, or requiring additional collateral

The bank benefits from customer insurance. It minimizes the risks of non-repayment, and sometimes brings additional financial benefits (if insured by the bank itself).

Therefore, the client will be “pushed” to conclude an insurance contract in every possible way. However, the law does not prohibit termination after signing.

After receiving a loan, you can refuse insurance (if it is not mandatory) and return the funds spent. However, the refund amount is determined by the time of application and the terms of insurance.

Definitions

Credit insurance can be voluntary or mandatory. Voluntary insurance options include such insurance risks as:

  • loss of the borrower's ability to work;
  • job loss;
  • assignment of disability;
  • death of the borrower.

The general meaning of insurance is that if for some reason the client cannot repay the loan, then the insurance company will do it for him. This is how the bank protects itself from non-refundable payments.

The borrower himself can be sure that in the event of an insurance risk, the bank will not go to court and foreclosure will not be applied to the property.

With voluntary insurance, the client can choose which risks to include in the insurance. Compulsory insurance is required when applying for a mortgage and.

In this case, the property is pledged in favor of the bank. Since the bank must be sure that nothing will happen to the collateral object before the final payment of the loan, it has the right to require insurance.

The insured event is the risk of loss or damage to the collateral. Other types of insurance are issued at the client's request.

Refusal of insurance implies termination of the insurance contract. But you need to know in what cases you can refuse insurance, and under what conditions.

For whom is this possible?

Refusal of insurance is possible only with voluntary insurance. In this case, several refusal options are possible:

Cancellation of insurance within 5 days after signing the contract According to Directive of the Central Bank of the Russian Federation No. 3854, you can refuse the insurance imposed by the bank during the “cooling off period”. In this case, the full insurance amount must be returned if the insured event does not occur. Unfortunately, the five-day cancellation period does not apply to group insurance plans. In such a case, the possibility of refusal is regulated by the internal rules of the bank.
During the entire loan period You can refuse voluntary insurance at any time. But the possibility of a refund will depend solely on the conditions specified in the contract
Upon expiration of the loan agreement This refers to the situation when the duration of insurance exceeds the loan repayment period. Similarly, the possibility of returning funds depends on the agreements reached and recorded at the conclusion of the contract

When loan insurance is mandatory, insurance can be waived only after the loan has been repaid.

According to this rule, the possibility of return depends solely on the insurer, if the condition for the possibility of return is not specified in the contract.

In case of early repayment, the borrower often has to prove his case in court. In this case, one can refer to the fact that the loan and insurance agreement are connected, and accordingly, the insurance should be terminated along with the loan repayment, including early repayment.

Since after the closure of the loan agreement, insurance risks disappear, termination of the insurance agreement is regulated by Article 958 (paragraph 1, paragraph 2). `

However, the decision on the refund and the refundable amount depends on the content of the contract.

Emerging nuances

When planning the return of loan insurance, you need to first clarify some points:

  • whether the contract is individual or collective;
  • return conditions established by the insurer;
  • what is said about the return of insurance in the contract itself.

If the insurance contract is concluded individually with an insurance company, then the application for refusal must be submitted within two weeks after signing the contract.

When a group insurance program is in place, the withdrawal deadline is set by the bank.

The application must be submitted directly to the insurer. If the application deadlines are not met, part of the insured amount may be withheld for the validity period.

In addition, the terms of the contract may directly indicate that insurance premiums are non-refundable (if canceled after a cooling-off period).

Sample application for refund of loan insurance

An application for refund of loan insurance is drawn up in free form (the insurance company may have a ready-made form). The contents of the document indicate:

  • FULL NAME. the applicant;
  • insurance company details;
  • number and date of the insurance contract;
  • number and date of the loan agreement;
  • request for termination of the insurance contract and return of funds;
  • indication of the regulatory basis for termination of the contract;
  • account number or bank card details for refund;
  • date and signature with transcript.

The application must be completed in two copies. One of them must remain with the applicant with a note indicating acceptance of the application.

Copies of contracts must be attached to the application. An application form for the return of loan insurance is available.

When is it returned?

Funds submitted during the cooling-off period must be returned within ten days. If the insurer delays payment, then a complaint should be filed with Rospotrebnadzor.

The amount of funds returned will depend on the start date of the insurance contract, specified in the contents. If the contract has not yet taken effect, then the entire amount must be returned in full.

When the application is submitted several days after the entry into force of the contract, the insurer has the right to withhold a certain amount for these days.

Usually this is a small part of the funds; it is inappropriate to argue about it. But all of the above applies to individual insurance contracts.

Many large banks insure clients under a collective program and return conditions can vary greatly.

Is it possible to return it to this organization?

When insurance is taken out under a collective program, the client does not sign an insurance contract, but an affiliation agreement.

The terms of the contract may indicate that the insured amount is returned minus certain expenses - this is quite legal.

If CASCO insurance was taken out in, then there may be nothing to return. This point is also worth taking into account.

In addition, if the insurance premium is paid in installments and is not paid on time, the insurance company has the right to independently terminate the contract.

People take out insurance due to their inexperience, because they consider this a mandatory condition of the bank when issuing a loan - this is exactly what credit specialists say. Although in fact, insurance can only be issued at the request of the client and no one can force him to take out. But in practice everything turns out differently.

Bank employees lie, saying that no one will issue a loan to a client without insurance, the naive client believes, and overpays several thousand a year for no reason. In addition, if an insured event actually happens, it will be very difficult; you still need to prove that you are right.

Is it possible to return the insurance after repaying the loan?

Many people, after paying off their loan, come to the bank and demand that they return the cost of insurance that they were unable to use. But in fact, this is the wrong step, since the bank employees have nothing to do with it, because they were not the ones who insured you. To ask this question, you need to contact a specialist in the insurance department.

The question is, is it possible, difficult, since they will refuse you a refund in every possible way. But if you are familiar with the law and can point it out to the insurance company employees, then your money will certainly be returned to you.

Before you go to the insurance company with claims and requests, you need to once again familiarize yourself with the terms of the contract, which spell out all the nuances according to the insurance. In general, if you have paid off the loan, you can go to the insurance company and they are obliged to recalculate the amount of insurance for another period and return the difference to you.

It is possible, but this is a long and complex process, in which there are many nuances and controversial issues. It is worth noting that each type of lending has its own insurance system.

In any agreement it must be stated whether the funds are returned if the loan is repaid ahead of schedule. The easiest way to recover insurance is on a consumer product. No matter how the insurers say when taking out insurance that it can be returned back, in Russian practice you can only get your money back through the courts.

Methods and options

There are three options regarding the return of insurance:

  1. Refusal of returned funds. This option is most common in credit practice. People don’t want to bother, collect paperwork, and go to insurance and banks to get a thousand rubles. Many people simply don't have time for this. And besides, people who apply to the insurance company with a request are refused. Therefore, you should always read your contract, especially the fine print. It is there that it is most often written that the company does not refund funds for insurance, no matter whether you used it or not.

    It is pointless to achieve anything from the insurance company on your own. And if you contact an experienced lawyer, he will be able to return your money.

  2. Partial refund.
  3. Full refund.

The second and third options for returning funds will be described below.

You can get your money back in two ways:

  1. Through the bank.
  2. Through an insurance company.

This mainly depends on where the insurance was taken out. If an insurance worker came to you while signing the loan agreement, then they will pay you the insurance. If the bank employees filled out the form without the presence of the insurer, then the bank will return the money.

Return procedure

In fact, the procedure for terminating an insurance contract is not complicated. But based on the fact that few insurers will want you, it can be called complex. But the hardest thing is not to terminate the contract, but to return the money.

The refund procedure consists of the following procedures:

  1. Loan repayment.
  2. Submitting an application.
  3. Waiting for confirmation and payment.
  4. If the third point is not met, then you need to sue.
  5. Appear at the hearing.
  6. Wait for the court's decision.

Although it is not necessary to appear in court, and if you have compelling reasons, the case will be considered without you. But in order to achieve a decision in your favor, it is better to appear in the courtroom. The easiest way to get your money back is if you paid off the loan in a couple of months, since the insurance company could not spend your money in such a short period of time.

Repayment for a consumer loan

Before you sign a loan and the insurance contract, you need to read every point of it and do not hesitate to ask questions. By filling out a consumer insurance policy, a person can be insured whether he wants it or not. If you are insured, then it is unlikely that you will be able to get any money back. Smart people, when they find out that they want to be insured, simply refuse the loan - this is perhaps the best solution.

Many companies who agree to pay the client the amount from the insurance, want to make money from their clients. Many of them fraudulently pay smaller amounts and invent additional expenses.

Of course, an inexperienced person will take the word of the insurance workers, but in reality you need to demand all the estimates, which indicate how much money the insurance company spent for a certain period. And then simple mathematics and you can calculate how much the company owes you. But do not forget about the employee’s remuneration, which must be stated in the documents.

Refund upon early repayment

If you close your loan ahead of schedule, you have the right to return funds that you definitely will not use again, since your loan is buried. If you close the loan early, you can stop paying for it and then it will close. But still, in order to avoid fines, you need to warn the bank that you have closed your loan.

In order to get your insurance money back, you need to collect the following documents:

  • Statement.
  • Passport.
  • A copy of the loan agreement.
  • Certificate of closure of the contract.

The application must be written addressed to the directors of the company. You can bring your application in person to the office or send it by email. It must indicate the reason why you want to return your funds.

The reasons for this may be the following:

  • Early loan repayment.
  • Termination of the company's activities.
  • Death of a citizen for whom insurance was issued.
  • Expiration of the contract.

In all cases except the first, you must be refunded the full cost of the insurance payment. If we are talking about early repayment, the amount is recalculated and only part of the amount is paid to you.


To achieve your goal
You need to carefully re-read the contract. And if you are not competent in this matter, then you need to contact a notary or lawyer who will help you in resolving all issues. After all, it’s scary to fight with insurance companies alone, since they will simply overwhelm you with their professionalism, and you won’t be able to do anything but nod and agree that the insurance company really doesn’t owe you anything.

According to the legislation of the Russian Federation, you can return money for the period that has not passed - if you repay your loan ahead of schedule. To do this, you need a written application, after which management companies will consider your application.

But you should prepare for the fact that it will take a long time, since directors are always busy and have no time for your statements. Especially if it comes to returning money.

You need to understand that when the loan is fully repaid, the insurance contract also ceases to be valid, which means that the money must be returned to the borrower, taking into account the costs. The insurer is simply obliged to return the money to the client.

Refusal to return funds

As mentioned above, many people use this method after closing a loan. But as practice shows, many simply do not know that it would be possible to return insurance premiums, since the company does not notify them about this. And even those who know about the return of funds do not want to contact the insurance companies, since they will try in every possible way not to return your money. Bringing a bunch of seemingly useless arguments.

You can either refuse to pay the funds yourself, or the bank may refuse to do so.

Typically, the insurance company must have significant solutions for this, for example:

  1. Missing the time to submit an application. Typically, you can submit an application to the insurance company no later than a month after the insured event or the closure of the contract. If you come after a few months, then no one will even consider your application. But if you are unable to write an application, you need to notify the insurer about this so that they can extend the deadline for filing the application.
  2. The application does not contain the required information. It should contain the following information:
  1. Date of the insured event.
  2. Information about the person.
  3. Reason for refund.
  4. Insurance contract number.
  5. Date of writing the application.
  6. Signature of the insured person.
  1. All required documents are not attached to the application which may be needed for payment. In general, the package of documents may be different, it all depends on the specific situation and the insurance company.

Partial refund

You can request a partial refund from the insurance company if more than six months have passed since the signing of the contract.

After your request, there are two possible options for further events:

  1. They will agree with you and pay you the funds.
  2. The insurance company will argue that it doesn’t owe you anything, poking you into the contract.

When contacting the office, the insurer will tell you that most of the money you contributed was spent on administrative support. But actually it is not. Okay, if the amount is small, then you shouldn’t bother.

If we are talking about big money, then you need to ask the insurance company for a printout of where your money went. Thanks to this, you can achieve the maximum return on your funds.

If insurers don't want to peacefully By solving problems, you can safely go to court. If you have an experienced lawyer and have collected all the papers, the judge will be on your side. And the insurers will return you a considerable amount of money.

But it's worth noting that all payments and expenses for state fees in court will have to be paid by you. Therefore, before going to court, you need to determine how much money you will have to spend.

Full refund

T what option can be considered, if the loan was repaid no later than two months from the date of its receipt. Most often, such situations do not reach the court, since in such a short time the company could not spend your money, which means it will return it to you in full.

And, of course, if the insurance company still has arguments, then you need to go to court and file an application. In most cases, the court will be on the side of the borrower, and not on the side of the insurance company.

Once again, it should be noted that before signing an insurance contract, you must carefully read all its clauses.

The borrower must take into account some features, then it will be possible to return the insurance after repaying the loan as soon as possible.

Is it necessary to take out a policy?

If a borrower applies to a bank to obtain a consumer loan, a policy should not be imposed on him. He should think in advance about whether he needs insurance or can do without it.


When it comes to getting a mortgage, you need to take into account the provisions of the law. In Art. 31 No. 102-FZ “On Mortgages” states that property pledged must be insured without fail. If the property is damaged or destroyed, the insurer will assume the client's obligations and transfer money to the bank.


Taking out insurance is beneficial for the borrower, because the policy also protects his interests. The borrower must read the agreement carefully. It should include information about whether part of the amount paid for the policy can be refunded if the loan is repaid before the due date.

How to get back an overpaid amount

Having fulfilled its obligations to the organization ahead of schedule, the client may require it to recalculate:


1. Make a recalculation and return the overpaid funds. This is possible if payment for the insurance policy was made in full in one payment. Typically, this situation arises when a citizen applies to a bank and then simultaneously signs a loan and insurance agreement. In this case, the insurance amount is deducted from the money that the bank gives to the borrower as a loan.


2. If the insurance was paid for with annuity payments or differentiated payments, then the contract is recalculated and terminated.


A bank client who has fully fulfilled his obligations can return the overpaid amount. He should do the following:


1. Carefully study the documents. You need to clarify the terms of insurance, and then think about insurance after repayment of the loan. If the agreement does not mention such a possibility, this does not mean that the borrower’s rights may be limited. In this case, the provisions of the law should be followed.


2. If the possibility of returning the amount is prohibited by the contract, it will be more difficult to receive the money. The whole point is that the bank client voluntarily signed. This means that he agreed to all the conditions and consequences associated with this decision. Therefore, the organization will not return overpaid funds voluntarily; the citizen will have to go to court.


3. It is necessary to make an insurance calculation after finding out the amount to be reimbursed. In fact, it is not necessary to make calculations, but this will be a powerful argument in a conversation with a representative of an insurance company or bank.


4. You need to write a statement. This document should be sent to the beneficiary. This is the organization that received money from the client. The application should state the requirement to recalculate the insurance, and you should also ask for a refund of overpaid funds.


If the organization does not respond to the appeal, it is worth going to court.

Insurance return period

If the borrower took out a consumer loan, paid it off, and now wants to return the overpaid money for insurance, he will need a package of documents. It should include a copy of your passport and insurance policy. In addition, you will need a copy of the loan agreement concluded earlier. You must also provide receipts confirming payment of the loan.


The borrower must provide a package of documents to the bank branch where he applied for the loan. The response must be received within 10 days.

How to write an application correctly

The form must be obtained from the manager of the organization. The application must be drawn up in 2 copies, written to the head of the department. On one form, the employee of the organization to whom the document will be transferred must put a mark indicating its acceptance. The appeal must be registered. The applicant will keep the marked form for himself, and the second one will be handed over to the organization.


You should immediately order an extract via , without waiting for the organization to respond to the claim. From it it will become clear what amounts the client paid for insurance.


If the bank is located far away, you can contact the organization by sending an application by mail. It is best to do this by registered mail with notification, making a list of attachments. The application must indicate the waiting period for a response. The response must be in writing.

How banks and insurance companies can interfere with payments and how to deal with it

Insurance companies and banks do not always respond to customers. In addition, difficulties may arise when submitting an application to the organization. If a representative of the insurance company does not want to accept the application, you should contact Rospotrebnadzor. Experts will not only provide advice on many issues, but will also help defend your interests in court.


Since many institutions force insurance products on clients, courts often rule in favor of the applicant. To avoid unpleasant situations, it is better to carefully read the loan documents in advance. You need to be careful when signing an agreement at a bank. It is better to immediately clarify points that raise doubts.


The activities of insurance and financial institutions are under the control of Rospotrebnadzor. To contact the service, you need to write an application and attach the bank’s response (if any). You must also provide a postal notification; it will confirm that the client’s application was received by the addressee. An inventory of the documents that were enclosed in the letter is required.


The client does not always receive a response from the bank or insurance company. If 10 days have passed and no one has contacted the applicant following his request, you can go to court. You can file a claim without going through Rospotrebnadzor. But you need to be prepared for the fact that the proceedings will be lengthy. If the amount of the claim is up to 50 thousand rubles, then the case will be considered by a magistrate.

Conclusion

You can return the insurance after paying off the loan. To do this, you need to write an application in 2 copies, and then send it to a bank or credit institution. This can be done by bringing the documents in person, or by sending a letter with notification and inventory by mail.

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