The history, the consequences of which echoed across the country and brought down the market of credit commissions, started in Perm on Sept. 16, 2008. The day Rospotrebnadzor on the Perm region fined Savings of 10 thousand rubles. The lender has suffered for being included in the document the condition, which stipulates that the borrower when opening a loan account in making its service lump sum payment in the amount of 1350 rubles.
Price "commission" of the question
The borrower is the Bulgakov SA Decree № Rospotrebnadzor 1700 states that the bank had violated Part 2 Art. 14.08 Code of Administrative Offences. appealed the judge's molotokSberbank Rospotrebnadzor, but failed. The Supreme Arbitration Court of Russia confirmed that the loan account is not a bank - it provides the rules of accounting and is only meant to reflect the balance of the bank's operations to provide money to the borrower and the repayment of the loan. In other words, maintaining the loan account - it is the duty of the creditor bank to the Bank of Russia, and this obligation can not be "self-banking services", and even on the contrary, is a hidden (read: illegal) Commission. This precedent has become a lever, opening gateways: the banks poured hundreds of applications for the abolition of fees for maintaining the loan account. Courts generally sided with the borrowers.
Today, after several years of such lawsuits have become commonplace: all sophisticated borrowers have sued their commission. Part 2, Art. 181 of the Civil Code says that the deadline for return of the commission expires in three years, so long as lawyers have enough customers.
At the same time on the Internet on a par with the pace of mortgage loans is increasing the number of tips and advice on how to sue your bank fees. But also vigilant lenders quickly caught the trend, which formed the courts. Waiver of collection of fees for maintaining the loan account would almost certainly have provoked a wholesale rate increase, which is unacceptable. Therefore, banks have gone in a simpler way - have begun to alter the names of their commissions. The wording of conscientious obtaining money from the population have gained even greater ornateness: for example, "the commission for the issuance and extension of credit", "commission for settlement services," the commission for registration of mortgage and other documents.
But even here there were law firms that have to promise its customers to return "all bank payments other than interest and principal." This is not surprising, wishing to profit in this market abound, considering that the amount of commission, depending on the amount of the loan ranges from twenty to several hundred thousand rubles.
Game in return to the Commission's really worth the candle. According to the Central Bank of Russia, the inhabitants of Perm in the past year have taken mortgage loans totaling 7.85 billion rubles. And all of Russia was granted bail of housing loans for 378.9 billion rubles. If modestly to determine the average amount of various commissions on the name of 3% of the loan principal, you get about 235.5 million rubles. This is the part the price of the issuance of all mortgage loans last year, only Permyakov. Incomplete because the vast majority of credit institutions currently subscribes to additional compensation for making payments through cash. This amount is about 100 rubles. Over a dozen years from a bona fide borrower accumulates about 12 thousand rubles. - Monthly salary of a cashier-teller. Something for nothing.
But even with the help of a qualified lawyer return "commissions" that have no relation to the loan account - not an easy job. Much of Banks today operates under a contract with the Agency for Housing Mortgage Lending (HMLA). This means that after selling a mortgage loan (refinance) in HMLA exactly at the price specified in the mortgage contract. If the bank issues 2 million rubles. mortgage loan, up to 2 million rubles. he would sell the loan HMLA. Thus, the processing fee for issuance - is the only reward for all the operational work of the creditor, so he will be fighting for this money to the last. In case of loss the bank will work "to zero" net operating costs for commercial organizations is unacceptable situation.
"In contrast to the opening or maintaining the loan account, and service support of the transaction or its design - is a private service, which includes all the operational work of the bank - on condition of anonymity, said an informed source in the banking environment. - The buyer will not give the cashier 100 rubles. for what she has beaten him a check. But if the packages for products paid for them should pay. In this case, for some reason no one comes to mind otsuzhivat at the supermarket price of these packages.
"Talking about the legality of penalty the Commission can be in doubt - says the director of the Perm Agency for Housing Mortgage Lending (PAIZHK) Andrew Shinkarenko. - On the one hand, it is normal practice, when a client comes in for service and immediately warned the bank that he has the desire to regain the money. But when the borrower two years thinking about how to get back to the bank, and begins to manipulate him - is quite another. Although the credit system in our country exists and develops over 20 years, people's attitudes towards the financiers remains extremely negative. Therefore, their main motivation in applying to the court room left. "
Simply put, the willing "heat bank" is always missing. When a borrower calls to the lender to demand repayment of the Commission, it corresponds to the letter with assurances of the validity of bank fees. In conclusion, the bank may hint that, if the client insists on his own, he spoiled credit history. This is done in the expectation that borrowers will be afraid to get a "black mark". In any case, rely on the voluntary return of the commission is no longer necessary, so, emboldened, the borrower goes to court, where the lender takes a defensive to a similar position.
"According to the article. 29 of the Federal Law "On Banks and Banking, interest rates on loans (deposits) and commission fees for transactions are established by a credit institution by agreement with clients, unless otherwise provided by federal law. By signing the loan agreement, the parties have thus reached an agreement on all its conditions, including payment of fee for service loan account "- that is the argument of the bank. In court, the creditor will be guided by a simple rule: "What is not prohibited by law, is allowed.
Or process in the courts, or the borrower in the crosses
"If the cost of money for financial institutions amounted to about 3% per annum, the banks have built their business upon receipt of interest income and commissions would not exist - says Shinkarenko. - Margin, which makes the granting of credit best is 3-4%. But in the Russian economy is not the income that can provide the closure of transaction costs and costs related to the provisions and implementation of all requirements of the Central Bank.
"You pay commissions when issuing loans, especially mortgages, is not provided, - said a private lawyer Tatyana Luscheko. - But the banks are seeking any way and come up with different formulations in order to establish the commission. Borrowers who need financial resources, are forced to make such an agreement. Get rid of unfair items such agreement can only be in court. "
Placement of right and guilty in this situation - a voluntary matter for each. Personally, when I finished writing this text, I'll take lying in front of me a statement of claim on the abolition of fees for mortgage loans and took it to the nearest post office. Nobody urge to go this route, because in the worst case, the banks will put on my cross, and forever shut their doors to me. But I did not hurt to try to recover from his creditor an amount equal to four monthly mortgage payments. If it helps bring the loan repayment, what sane person would do the same?