Early repayment of the loan is it possible to return the insurance. How to return the insurance premium in case of early loan repayment? When contacting an insurance company, it may be

For example, some banks lower the interest rate if the client agrees to additionally insure life and health. One more item is added to the loan expenses. Is it possible to make a refund of insurance in case of early repayment of a consumer loan?

Insurance repayment in case of early loan repayment - is it real?

In addition, if you do not pay for insurance services separately, the amount of insurance is included in the principal amount of the debt, from which interest is calculated. The overpayment is enormous.

Often lawyers suggest using the wording from the loan agreement to substantiate the appeal. It sounds different, but its meaning is as follows: "During the validity of the loan agreement, insurance must be in effect." It turns out that when the loan agreement is terminated, the insurance does not work either.

You can use another "clue". According to the Civil Code, insurance terminates if there are no risks of an insured event. And since the loan agreement is no longer valid, the risks disappear along with the banking agreement.

Judicial practice shows that most often the court takes the side of the borrower and the money is still returned.

If the case is decided in favor of the policyholder, then you will need to indicate the account to which the insurance agency will return the money.

Few of the borrowers know how to return insurance on a loan in case of early repaymentdebt. To exercise this right, it is important to take into account a number of nuances: the type of loan, the conditions set by the insurer, and also prepare a properly executed application.

You can refuse further use of the insurer's services at the end of the term of the loan agreement or in the case of repayment of the debt before the appointed time, if such an option is provided for in the agreement itself. If not, in this case nothing will be achieved - the client has already agreed to such conditions.

Due to the termination of the loan agreement ahead of time, the insurance policy is also considered terminated - there is nothing more to protect. So it says in Art. 958 of the Civil Code of the Russian Federation, clause No. 1 of which states that the parties have the right to terminate the contractual relationship if there is no longer a likelihood of a force majeure situation.

Legal grounds

First of all, it is necessary to be guided by the law on the protection of consumer rights and the Civil Code. These documents clearly state that a citizen has the right to obtain payment of a part of the insurance premium already paid if he closes the line of credit before the deadline specified in the documents.

Questions regarding the possibility of obtaining a refund are raised in the following documents:

• Insurance Law No. 4015-1;
• Federal Law on Consumer Lending No. 353;
• Instruction of the Central Bank No. 3854-U, which describes the process of issuing some types of insurance policies.

The insurance client can initiate the termination procedure unilaterally. In order for the process to go as smoothly as possible, no earlier than a month before the expected date of depositing funds and terminating the contract, both the bank and the insurer must be notified of their intentions in writing. Usually, insurance companies try to protect their interests if a client insists on canceling the policy. They can legally keep a part of the premium for the period during which this insurance was valid.

You can get a part of the paid insurance under the following policies:

1. Life insurance (relevant in the case of mortgage loans);
2. In case of redundancy and loss of work;
3. Title insurance (also often used in the case of long-term loans, when banks are trying to protect themselves from the risk of losing ownership of the object);
4. Property insurance.

Insurance option is an additional service, financial and credit organizations are not given the right to oblige all customers to buy a policy. Therefore, after receiving and repaying the loan, you can refuse it, requiring the insurance company to pay back part of the funds to the client.

What you need to know about returns and where to go

There are several options here: through a bank, through an insurance company, or if these organizations are not too accommodating - in court. The easiest way is to write an application for a refund in the bank branch where the client initially received the money. It is convenient to prepare a document together with a statement in which you state your intention to repay the loan debt ahead of schedule. However, you should be extremely careful: some banks include insurance in the package of services as the main item, so that such insurance cannot be returned.

An alternative option is to go directly to the insurer with a claim for the return of part of the insurance premium.

For this, the company has developed a special application form, in which it is enough to enter personal data and submit the document for consideration. Do not forget about the need to prepare a copy of the agreement with the bank and a certificate proving the absence of debts.

Previous organizations may refuse to return money, in which case the problem can be solved in court. As practice shows, more often the situation is solved in favor of the consumer of the service - the borrower. However, first you need to spend money on a competent lawyer who will help you draw up a statement and collect evidence. For this reason, it is worthwhile to estimate in advance the approximate costs so that even after receiving compensation from the insurer, you do not remain in the red.

How to act for the client

The answer to the question of whether the insurance will be returned in case of early repayment of the loan largely depends on how carefully the client will follow the algorithm of actions. The law states that only if the cost of the policy is fully repaid, it is possible to return the excess funds paid, subject to the early termination of the loan agreement.

The refund procedure is as follows:

• Fully pay off the body of debt and interest. Preliminary study the loan agreement for whether early repayment is allowed at all - some banks still apply penalties to such customers;
• After termination of the loan agreement, obtain a certificate of absence of debts. It is best to do this some time after the last payment, when the line of credit is closed;
• Contact an insurance company or bank, where to write an application for payment;
• Make sure that the appeal is registered by a specialist. The adopted document is assigned a special number, which is entered either in the statement, or in an electronic journal specially created for this purpose. The specialist affixes the date and his signature on the application;
• Collect documents by submitting them for consideration in person or by mail. It remains to wait for a decision.

The law does not establish a maximum period during which the insurance company must send a response. In practice, this happens on average 2-3 weeks from the date of application. If it is clearly visible that the insurer deliberately delays the procedure, you can write a claim.

In case of a positive decision, the funds will be transferred to the account specified by the client. If the insurer's answer is negative, a written refusal is required. Such a document can then be used in the process of writing a complaint to Rospotrebnadzor and the court.

How to write a statement

To qualify for the paid part of the insurance premium, you must correctly fill out an application. It is drawn up in writing in two copies, one of which is transferred to the insurance company, and the second one is marked with acceptance and this copy remains with the applicant.

Many insurance companies develop an internal claim form and do not accept a free form document. Therefore, in order not to waste time, this point should be clarified in advance. The document must contain the following sections and details:

1. The name of the company where the document is submitted;
2. Applicant's personal information, including insurance policy number;
3. Account details, which can be used to transfer funds;
4. Contact information for communication (telephone number, postal and e-mail addresses);
5. Date and signature of the citizen.

The following package of documents must be attached to the document:

• Applicant's passport;
• Policy and loan agreement (copies of both documents are required in advance);
• Certificate of absence of debts to the creditor;
• Certificate of the paid amount of insurance.

It is allowed to transfer certificates personally or through a proxy, provided that a power of attorney is issued. It is also possible to send a letter with a list of attachments using the Russian Post.

How much money can you get back

In the problem of how to return insurance after repayment of a loan, bank clients are most interested in the amount of compensation they can claim in case of early repayment of the debt. It all depends on when the client paid off his obligations.

If the repayment was approximately in the first half of the contract (for example, with a car loan for 7 years, the client will repay it within 3-4 years), he may claim half the cost of the insurance policy. The insured event did not occur, which means that he has every right to receive the money paid back. Further, the amount of compensation will decrease in proportion to the decrease in the validity period of the crediting period.

In the process of signing a loan agreement, it is important to pay attention to the following aspects:

1. Who acts as an insurer;
2. Insurance policy price per month;
3. Payment procedure: monthly / annually or the entire amount at once when applying for a loan;
4. Conditions for receiving payment if the client extinguishes the body of the debt with interest in whole or only part of them.

If, under the contract, insurance premiums are scheduled as monthly, after early repayment, you can simply stop paying them. However, before that, carefully study the terms of the policy, there is a possibility that the insurance company may begin to apply penalties for such "amateur" activities.

Refusal to pay - reasons and what to do?

Requests of this nature are not always satisfied - it is simply unprofitable for the insurance company and the bank to lose profit. But there are other reasons for refusal:

• According to the agreement, which was signed by the borrower himself, he cannot claim to receive payment;
• The borrower has taken advantage of the policy payment;
• You can receive a refund of the amount paid in case of full early repayment, and the client has contributed only part of the amount;
• The loan was received before 2006. It was at this time that a law was passed allowing the return of insurance;
• There are errors or inaccuracies in the documents.

The insurance company may refer to the costs incurred in the process of servicing the policy. In this case, it is better to try to resolve the dispute peacefully, but if all else fails, it's time to file a claim in court.

Conclusion

It is unrealistic to avoid the need to obtain an insurance policy for long-term lending (mortgage or car loan). Due to the fact that banks are not entitled to force a client to buy an unnecessary service, most likely such a client will be refused. At the same time, insurance is able to protect only the interests of the lender, but also the client himself in the event of force majeure.

The client will need to write an application either to the bank or directly to the insurance company. If they refuse here, the applicant has every right to apply to the court for the protection of his rights. Even with a legal proceeding, you should not worry about a damaged credit history - it only reflects information about received and repaid loans.

Some clients in a hurry do not read the loan agreement, by signing which they simultaneously purchase an insurance policy. Especially often, such situations are observed when the borrower in the telephone mode learns about the preliminary approval of his application. Then he comes to the bank to conclude an agreement, where the loan amount is already entered, plus interest and the cost of the insurance policy. It is difficult to return such insurance by repaying the debt ahead of schedule, therefore, information about the loan and the insurance policy should be read extremely thoughtfully. ( 10 estimates, average: 5,00 out of 5)

Any credit product must be guaranteed by something; in fact, for this purpose, the concept of credit insurance was invented. Since each loan is inseparably associated with a high risk of non-repayment, violation of terms, the bank should protect itself.

The insurance price is directly dependent on the loan amount (the more valuable the loan, the more valuable the insurance). In a special agreement, the circumstances of the insurance company reimbursement of the loan funds or% on it, if the borrower ceases to fulfill obligations in accordance with the repayment of the debt, are prescribed.

Is it possible to return insurance in case of early loan repayment?

Is it possible to return insurance in case of early loan repayment? Yes, it is possible! In case of premature termination of the insurance agreement, the insurance company has the absolute ability to pay a part of the insurance premium to the client.

The goal of credit insurance seems to be the greatest elimination of the risks associated with loan defaults and the protection of the interests of the creditor bank.

Reasons for early termination of an insurance contract in Article 958 of the Civil Code of the Russian Federation:

• the insurance contract may be terminated prematurely, if the probability of an insured event has disappeared;
• the existence of the insured risk was completely interrupted for some reason.

There are several types of insurance:

1. property pledge;
2. the health and life of the creditor;
3. commercial loans.

How to return insurance in case of early loan repayment?

Initially, rather than deciding on certain actions, you should carefully study the contract and the insurance principles of the company where the insurance document was drawn up for you. If such information was not provided to you, it is allowed to search for it on the Internet.

So, you need to find data, firstly, about the basics, the circumstances of the termination of the insurance agreement. Secondly, you need to find items that affect the premature closure of the loan. These clauses must certainly be present in the contract. Then, with a successful premature closure of the loan, the insurance is curtailed.

The agreements with your insurance company stipulate that in case of termination of the insurance agreement due to the premature closure of the consumer loan, the buyer is paid an insurance premium, which is equal to the amount of money, minus the previously applied funds.

Conditions:

• damage to only the insured property due to circumstances that are not attributed to the occurrence of the insured event;
• the termination of a commercial job under the established order by a person who has avoided the commercial risk or danger of civil liability associated with the job.

The insurer has the opportunity to withdraw from such an insurance agreement at any time. However, in this case, the insurance premium that existed and paid by the insurance company is absolutely non-refundable, unless otherwise noted in the agreement.

In the explanations of insurance legislation, interest is certainly directed in such a case that not only the insurer, but also the directly insured has the opportunity to withdraw from the obligatory insurance agreement in a one-sided mode.

If the final section is spelled out on certain papers, it is not uncommon for the buyer of the insurance company, who has paid off the loan debt prematurely, without difficulty acquires the required amount. Otherwise, the borrower should go to the courts.

The criteria for the return of insurance in case of premature termination of the loan can be found in the Civil Code of the Russian Federation (Article 958).

In the law, you need to pay attention to the following points:

Where to contact?

Numerous borrowers make a mistake, trying to recover finances for insurance with the help of a bank. The bank is often just a link between the visitor and the insurance company.

For absolutely all questions about the return of insurance, it is appropriate to contact the insurance company immediately. This will save time and significantly increase the chances of getting an insurance premium in case of premature loan closure.

Before signing, it is necessary to carefully study the accepted contract, which often contains a section on the early termination of the agreement and the return of funds.

List of documents

In order to return insurance in case of premature termination of the loan, it is necessary to draw up a set of papers containing:

1. Credit contract (its copy);
2. Borrower's identity document;
3. Certificate from the bank about the full payment of the loan;
4. Address addressed to the head of the company

Bank service package

In some cases, insurance is included in the package of banking services, therefore, the credit device itself represents the insurer's significance. There is no direct contract between the borrower and the lender bank in such conditions, and therefore, it will not be possible to be guided by the generally accepted standards of the Civil Code.

Help of non-profit organizations for the protection of rights

In the event that the application to the insurance company did not lead to the necessary results, you should not give up the intention to return the insurance compensation.

In such a difficult situation, it is not limited without the involvement of highly qualified specialists from outside - and, in fact, non-trade institutions for consumer protection.

Such institutions provide a wide range of services, including, they can help to obtain various compensation in the field of credit.

Procedure and jurisprudence

The first thing to do is to take a set of papers containing a loan contract and all additions to it, payment papers for the loan (checks, receipts, profitable receipts, payment orders, etc.) and bank statements.

In addition, a power of attorney should be formed, in which the assigned rights will be spelled out, and certified by a notary.

How some banks act in the event of a return of insurance, according to judicial practice:

• VTB Bank. He gives the unclaimed part of the insurance in case of premature closure of the obligation according to the loan, it is enough to write a request for transfer.
• Absolut Bank. The amount of the insurance deposit is not too large, it is recognized as small, due to the fact that if the loan is closed prematurely, the correspondent bank does not return it.
• AutoCreditBank. The insurance premium is calculated based on the price of the car, but the entire unoccupied part is returned.
• B&N Bank. When issuing loans, it insures the obligation of the borrower, the deposit amount is small, if the loan is closed prematurely, it is not returned.
• Sberbank. Part of the insurance contribution is given away.
• Capital Bank. Provides insurance premium for the unused insurance period.

Return terms

It is necessary to proceed with the formation of a refund itself from the registration of a pre-trial complaint with the bank. No later than 10 days after the receipt of the complaint, the correspondent bank must provide an answer. During the examination of the complaint, all documents are examined.

After the decision, it is necessary to organize subsequent operations. In case of a negative or no decision, it is necessary to prepare a claim to the correspondent bank. A court hearing should take place within 3-8 months.

Greetings! Alas, this week began with a confrontation with the vicissitudes of fate. On Monday evening, I got stuck in front of the outer door of my own apartment - something stuck in the castle, and I could not open it on my own. Fortunately, I didn’t put the door opener business card out of my wallet. Communication with me did not interfere with the called master from fulfilling his duties, so we got to talking, touching upon, among other things, the topic of lending.

The master has recently paid off the loan obligations. But no one informed him that the cost of insurance on the loan can be recouped by issuing its return.

When lending money, almost all banks politely and extremely persistently offer the client life insurance. It is almost unrealistic to evade an additional service, since because of this the chance to borrow money from this bank is zero. The conditions for early repayment of the loan have also been developed not in favor of the borrower. But the client can still count on a partial refund of the funds paid for the insurance.

To evade payment of the insurance premium to customers who decided to repay the loan ahead of schedule, banks and credit companies are guided by Art. 958 of the Civil Code of the Russian Federation, clause 3. Following it, the bank has the right not to pay the insurance premium with persons who paid off the loan earlier than planned, if there is no special clause in the agreement for this option.

In fact, it looks like a refusal to pay accruals from the insurance premium for the period from the date of maturity to the final payment.

Thus, most of the creditors who have settled with the borrower before the agreed date do not return the funds.

What to do?

Contact the insurance company to apply for a termination of your participation in the insurance program. Do not forget to take documents confirming the repayment of the loan.

Banks often advertise that they do not force those who want to get a loan to insure their own lives and only resort to this measure with clients intending to take out a mortgage or purchase a car.

The law states that the client has the right to terminate the insurance contract even after receiving the loaned money.

Having received a loan, on one of the days of the next month, visit the creditor bank and submit a waiver application. There are no specific rules for this, so make up the content of the text at your discretion.

For those who applied later, the insurance premium can also be received, but its size will be smaller due to the deduction of various amounts for banking services.

The final amount of funds returned is calculated taking into account the amount of time remaining until the day the insurance contract expires.

Is it possible to get credit insurance money back?

Expecting to get a loan, the borrower is forced to agree to take out insurance.

The subject of such an agreement is life and health, collateral. When registering a mortgage, a title insurance contract is signed. This procedure is initiated by the bank, seeking with its help to protect itself from losses in case of problems with the return of the loan.

Insurance is used as a tool to influence the borrower in order to stimulate him to return the money borrowed from the bank. It turns out that insurance is needed only until the bank receives the borrowed amount and interest for the service from the borrower.

But the client, who repaid the debt ahead of schedule, is faced with the refusal of the insurance organization to terminate the insurance and return part of the premium.

As a reason for refusing to return funds, the company indicates the lack of connection between the loan agreement and the insurance agreement. Therefore, the repayment of the loan, in the opinion of the insurers, does not affect the mechanism for returning the insurance.

If you formally interpret this article, then everything is within the legal framework. According to the conditions of Ch. 23 of the Civil Code of the Russian Federation, insurance is not considered a way of securing obligations.

The following instruments are used as influencing instruments: invitation of a guarantor, introduction of conditions for payment of a forfeit, pledge, bank guarantee, deposit, withholding.

Therefore, the points mentioned in Ch. 23 of the Civil Code of the Russian Federation as obligations canceled upon loan repayment have no effect on insurance contracts.

Naturally, the client can adopt the general rule of Art. 958 of the Civil Code of the Russian Federation, but this will result in the loss of the amount from the unearned part of the premium (provided that this paragraph was separately stipulated in the contract)

But all of the above, I think, cannot prevent the borrower from returning part of the insurance premium when applying to the court to terminate the credit insurance agreement.

The probability of winning the court case is high due to the possibility of recognizing forced insurance contracts as accession contracts.

In turn, a contract of accession is a contract, the terms of which are accepted by one of the parties only on the basis of accession to the proposed contract

The Civil Code of the Russian Federation contains article 428. From what is described in its second paragraph, it follows that the contract can be terminated at the request of one of the parties if it:

• signed a legal act because of conditions that do not contradict the law, but deprive her of the opportunity to act differently;
• only bears responsibility for violation of obligations, and the opponent who forced the signing of the contract bears either limited liability or is completely relieved of it;
• agreed to the clearly onerous conditions voiced, guided by its own interest, but would not agree to them if she could participate in determining the scope of the contract.

It is preferable for the client to go to court with a statement of claim, relying on article 428, clause 2 of the Civil Code of the Russian Federation, since he gets the right to claim the balance of the premium for the unused period.

Usually, the following format for drawing up an insurance contract with a borrower is practiced: the client signs a standard form, which lists the rules for the provision of insurance services, and at the same time is not able to influence the terms of the contract. When making any protests, the client is presented with a fact: either the borrower accepts the conditions and signs the agreement, or he loses the opportunity to get a loan.

At the beginning of last year, amendments were drafted to the Civil Code of the Russian Federation, in particular to the provisions of Art. 428.

Thanks to this, paragraph 3 and the conditions of paragraph 2 of Art. 428 of the Civil Code of the Russian Federation, it became possible to apply when considering contracts that cannot be classified as accession contracts. This amendment makes it possible to take into account the requirements of paragraph 2 of Art. 428 of the Civil Code of the Russian Federation to the terms of contracts for life insurance, health insurance borrowers, insurance contracts indicated as the pledged property. It turns out that now, when the bank pays the entire amount received on the loan, the borrower has the right to demand adjustments to the insurance or even terminate it with the condition that the company must pay the unused part of the premium.

How to get insurance if you closed the loan ahead of schedule?

Anyone who has borrowed money from a bank at least once knows that the insurance goes to the bank or to the insurers. If you do not like this outcome, familiarize yourself with the algorithm for returning insurance to the borrower.

All banks issue funds to borrowers, provided that not only the borrowed funds are insured, but also the life and health of the client. It turns out that credit users do not resort to insurance voluntarily, but forcedly. And no one informs them that the legislation prohibits creditors from being categorical in this matter. In other words, the bank has no right to refuse a loan only on the basis of the client's unwillingness to take out life and health insurance. At the same time, the bank manager is obliged to inform the clients expecting a loan that all types of insurance offered in parallel are issued at the request of potential borrowers. But in no way under pressure from the part that lends money, and the refusal of insurance should not affect the verdict on the decision to issue or not issue a loan.

Dfor information: in paragraph 1 of Art. 421 of the Civil Code of the Russian Federation stipulates that persons (both individuals and legal entities) should not be subjected to pressure when signing contracts. According to the law (Art. 31 of the Law of the Russian Federation of July 16, 1998, No. 102-FZ), only the property pledged by the mortgagor when registering a mortgage is subject to compulsory insurance.

The need for such insurance is controversial. In such conditions, it is sometimes more profitable for a borrower to refuse a loan than to decide on a loan with onerous terms.

How to recalculate the amount of the insurance levy or get back the paid insurance premiums if you pay off the loan ahead of schedule, and the insurance payments were made monthly or the funds were paid out in a lump sum from the loan body?

Step-by-step instruction

The right to return insurance on a loan closed ahead of schedule is enjoyed by clients whose contract with insurers was still valid at the time the loan was closed.

If the contract with the organization or the company that judged the money by the organization or the company that insured this transaction states that the client will not receive the unused part of the insurance when settling on the loan before the date specified in the contract, then you should not count on the return of insurance payments. Because the organizations honestly warned about the consequences of early fulfillment of credit obligations.

1. We inform the institution and try to settle the dispute without a court.

We go to the institution where the insurance contract was written.

We write a claim (perhaps in "your" case, the document will be referred to as a statement) with a requirement to recalculate and return the due part of insurance premiums, since you closed the loan earlier than planned. We make a copy of the document, then we contact the operator and require registration with a mandatory note on the letter, which we leave to ourselves

If the institution is located in another city, send a claim or statement by registered mail.

The nuances of such a document:

• the letter must be with a mandatory notification of receipt;
• be sure to make an inventory of the papers enclosed in the letter;
• in the letter, write down the requirement to notify in writing about the decision of the bank or insurers;
• indicate the date by what date you expect to receive a response.

While you are waiting for an answer, you will receive a personal account statement. It will indicate all receipts of money from you to the address of the bank or insurance company.

2. We visit the controlling authority.

Having visited Rospotrebnadzor, we act according to the following algorithm:

• we write a statement, indicating in it the fact of transferring a letter of claim to the bank or insurers;
• we attach a reply to the letter (if we have already received it);
• we make an inventory of documents transferred or sent to the bank;
• we attach a postal notification confirming that the bank received the letter.

3. Go to court

You can proceed to this point by excluding the appeal to Rospotrebnadzor.

When deciding on this step, keep in mind that:

• the litigation can last for several months;
• claims for an amount less than 50 thousand rubles. deals with the magistrate's court
• the rates for court services can be higher than the amount paid for the returned insurance (you can insist on payment of court services by your defendant, but who will pay this bill, the court will decide).

Before going to court, make sure you have prepared a package of documents, including:

• Statement of claim;
• Credit agreement;
• Insurance contract;
• Receipts and other official papers confirming the fulfillment of your credit obligations;
• Calculation of the amount for the claim;
• Application to the bank;
• A letter of receipt of a letter from you to the bank;
• List of documents sent to the defendant (inventory);
• Attach a copy of the letter and the original when responding from the institution.

Don't forget the statute of limitations. The legislation of the Russian Federation sets aside 3 years for the collection of payments transferred due to illegally issued insurance. The state of the loan (repaid or not) is not taken into account.

Consultation on insurance during the crediting period in the video:

Car loan and mortgage

Making out a car loan, mortgage, without insurance, and even in favor of the bank, you cannot do it. But having repaid the loan, the client has the right to terminate the insurance, since he becomes the sole owner of the collateral object.

The insurer is obliged to pay the balance of funds by recalculating the remuneration on its own.

In theory, termination of insurance should be automatic. But if there is not a word about this in the agreement, and you made payments on a monthly basis, then by stopping the transfer of charges, you may be accused of delays and receive fines and penalties.

Consumer loan and insurance

According to Russian law, banks should not force borrowers to agree to an insurance policy. But does everyone who wants to take out a loan know about this? This is what financial and credit companies use.

Clients often skim the terms of loan agreements and sign documents, thinking that everything written is obligatory for execution. But even when signing the insurance, you can "turn it back" by filling out a waiver statement at the bank or insurance company.

Refusal to satisfy the claim, a reason to contact Rospotrebnadzor to file a claim. Having chosen such a strategy, you need to be ready to pay legal costs - so first make sure that the litigation will not be at a loss.

Is insurance always evil? No, because from time to time there are unforeseen incidents with borrowers and the existence of an insurance contract makes it possible to get good help.

Borrowers have the right to reissue the insurance conditions after the end of loan payments - they just need to change the data on the beneficiary, which can be made to the payer himself or someone from his relatives.

Before initiating a complaint process with officials, carefully review the terms of your loan agreement. If the paper states that it is impossible to return the insurance or part of it with early repayment of the loan, then it is pointless to start a lawsuit. The court will take the side of your defendant.

Obtaining insurance in case of early closing of a car loan, mortgage

A loan for the purchase of a car or a mortgage can be obtained only after going through the procedure for real estate insurance. This is a way to protect banking interests, since the property acquired with the money issued is registered as a pledge.

When the insurance period is not over, and the loan is repaid ahead of schedule, borrowers can count on a refund of the balance of funds. They must be paid after submitting the relevant application to the insurers.

If, according to the terms of the agreement, the borrower made regular installments, then having settled with the lender, it is better not to independently stop the settlement with the insurer, but to inform the latter about the fact that all obligations under the loan have been fulfilled. This is necessary to exclude the occurrence of penalties for late payment and new costs.

We return insurance on a loan from Sberbank

Borrowers who apply for a refund of the insurance premium within 30 days from the date of signing the loan agreement, the amount of the insurance payment is returned in full.

If a claim for a refund is made later than a month after the loan was issued, part of the insurance is paid.

With an application for the return of insurance, please contact the representative office of Sberbank. When submitting a request, you must present your passport.

The accepted and registered application is pending for about a month. When the claim is satisfied, the funds due are transferred to the client's card or personal account.

If you refuse to issue insurance funds, you can try to compete for your money by going to court. The return of insurance for a loan in other banks of the Federation is similar.

Return of insurance at Home Credit Bank

Credit balance insurance is compulsory. It is impossible to receive a decent amount from a financial institution without consent to this operation.

Once you have taken a loan from a bank, be prepared for periodic educational operations by bank operators who will actively offer you new insurance products.

Depending on the type of agreement, insurance will cover the health, life, property of the borrower. Some insurance companies may offer insurance against unexpected job loss.

When repaying credit obligations before the day appointed by the bank, the borrowers want to return the insurance. However, not every claim against the bank regarding the return of insurance ends in luck. After all, insurance operations are not supervised by a bank, but by a third-party company that does not want to lose its way of earning.

The need for insurance

Banks most often lend money for consumer needs, for obtaining a mortgage or a car on credit. In each case, the insurance program will be different.

When taking out a mortgage, it is not necessary to insure health, life, and a job.

For example, mortgage holders cannot avoid insurance:

• collateral in the form of real estate (you will have to spend your own money);
• CASCO (find out if the bank offers to insure the car for the full purchase price or it is possible to take out insurance for the amount of the missing amount);

When choosing an insurance company, make sure that it will not impose additional insurance products. Otherwise, when completing the contract, you will receive additional items of significant expenses.

After taking out insurance together with obtaining a loan, which you subsequently repaid ahead of schedule, I want to know how to get back the interest or the amount of insurance premiums?

If the loan obligations were fulfilled for a period of less than a year, and the agreement was signed for a period of more than a year, then it makes sense to contact the bank to deduct part of the insurance payments. At Home Bank, the factor of the duration of payments on a consumer loan does not matter. Upon receipt of an application from a client wishing to receive money back for insurance, managers will recommend contacting insurance companies.

Remember: the mentioned company does not recalculate insurance payments for clients who pay off loans ahead of schedule.

In such a situation, it is very difficult to obtain the return of part of the insurance. A favorable outcome is possible only if the lawsuit is won.

The nuances of the return of insurance payments depend on the policy of the bank that issued the loan. In Sberbank, for example, a factor influencing the decision to pay out insurance is the duration of the loan settlement.

Is it possible to return insurance before settling the loan?

It is difficult to get insurance after the loan is closed. And what about customers who did not want to take out insurance, but were forced to agree to it because of the pressure exerted by the bank?

It is no secret that many borrowers agree to be insured for fear of not obtaining the bank's permission to issue credit funds. After all, not everyone who comes for financial assistance on a loan basis knows that refusal of insurance is not a reason to refuse a loan. People even discuss with managers the issue of canceling insurance, fearing to be included in the list of unreliable clients.

Bank employees can really influence the decision to issue a loan to the clients who are applying. If the applicant for a loan seems suspicious to the manager of the institution, he hears negative statements about the bank from the applicant, then the loan may be refused.

Once in such circumstances, it is better to notify about the unwillingness to pay insurance premiums after receiving the body of the loan. After borrowing money from the bank, in a few days, apply with an application for waiver of insurance. Then you can count on the return of all insurance. If you submit your claims after a period longer than a month, you will not see payments. Just make it official. The decision to simply not pay premiums will result in substantial debt. A successful outcome of the "petition" for payment of insurance, submitted no later than 30 days from the date of the loan, is possible for the clients of Sberbank, Home Credit Bank, Promsvyazbank.

By contacting the bank after a period of more than a month, you can return only part of the insurance. If a quarter has passed since the date of the insurance and the loan, you can count on at least part of the payments from insurance premiums only for those who repay the loan ahead of schedule. .

The most zealous opponents of insurance payments are VTB 24 and Alfa-Bank, which are in no hurry to pay off the claims of borrowers even after the latter go to court.

On the vicissitudes of returning insurance after early repayment of the loan in the video:

If, when applying for a loan, the body of insurance was paid at once, those who paid off the loan ahead of schedule can try a less "bloody" way of returning at least part of the payments - by claiming the amount for the period remaining until the day the insurance policy expires. It is required to visit the insurance company and provide a statement of the desire to receive the remainder of the insurance premium. In addition to a written claim for payment, you will need to have a passport, both contracts (credit and insurance). Be sure to make a copy of the claim with the registration note.

When filling out an application-claim, indicate:

• your passport details;
• account numbers of contracts;
• account details for sending the insured amount (some companies require specifying the requisite numbers in a separate document).

There is nothing complicated in filing a claim - you can easily cope with the procedure yourself. But if you are a busy person, you can delegate the business to a trusted person.

If the insurers refuse to return the payment for the period from the day of repayment of the loan to the day of the expiration of the insurance contract, contact the court. But keep in mind that litigation incurs costs - is it worth fighting for insurance payments if the amount of remuneration exceeds the cost of paying for court services.

The bank has been given a month to settle the issue. If you have not received the result after this period, you can go to court.

In the absence of an additional agreement with an insurance company, look for information on the terms of insurance payments in the loan agreement. In this case, submit claims for the return of insurance at the bank office.

Algorithm of actions for payers of the monthly insurance premium.

Equal insurance payments during the entire term of the loan are typical for mortgage lending, purchase on a loan secured by collateral and hull insurance.

If you do not find information on penalties in the contract, you can terminate the contract by terminating insurance payments. But for the sake of peace, it is better to officially terminate the contract with the insurers.

Should I return?

The life insurance service is very often offered by banks not only when applying for loans, but also in less serious applications - when issuing a new credit card, changing a payment card.

Not deciding or not being able to refuse life insurance when you took out a loan, you can use it for your own benefit when you decide to pay off debt obligations ahead of schedule. This can be done by changing the beneficiary, indicating the full settlement of the loan as the basis.

Pay off the loan ahead of schedule - get insurance!

Let's assume the following situation. The borrower was forced to take out insurance in order to obtain the loan funds. And the amount of payments on it was repaid in full against credit money. Then life circumstances developed in such a way that the client found an opportunity to repay the loan ahead of schedule.

What to do with an insurance contract that is no longer needed, and the contract has not yet expired:

Step 1. Do not terminate the contract immediately! Insurers will meet halfway and terminate the contract upon receipt of a notice from you. But at the same time, no one will return money if the contract does not stipulate that the insurer is obliged to pay off the balance with the client who closed the loan ahead of schedule. If there is such an item, you are obliged to return the balance of funds that appeared due to the premature end of the credit period.

Step 2. Do not start the process of refunding insurance funds without carefully studying each clause of the insurance contract and the rules of the organization that issued this contract.

What should be in the contract:

• List of grounds for termination of insurance.
• Conditions for the return of part of the funds to the client if he decides to terminate the contract with the insurers ahead of schedule.

If there is a clause on the mechanism for the return of insurance funds remaining due to early disposal of credit obligations, the company returns the money by recalculating.

It is encouraging that the state duty for such cases is not charged, and the litigation for the protection of consumer rights is being considered in the court of the district where the plaintiff lives.

Some insurers may delay payments. What should you do in this case? Unfortunately, I have a small amount of useful information on lawsuits against insurance companies carrying out fraudulent payments of insurance to clients who repaid a loan ahead of schedule. But even theoretical calculations cannot be ignored if they will help to achieve victory in court against an insurance company.

Thus, having decided to protect your interests, you will not incur additional costs even if you lose the case. However, do not think that the chances of winning the process are small. On the contrary, they are large enough.

The insurance contract is terminated ahead of time, based on the prescriptions of paragraph 1 of Art. 958 of the Civil Code of the Russian Federation: a contract that has entered into force can be terminated if the likelihood of the occurrence of an insured event disappears due to circumstances not described as an insured event. Early repayment of the loan is such a circumstance.

According to the legislation (more precisely, clause 3. 958 of the Civil Code of the Russian Federation), the borrower who repaid the loan ahead of schedule has the right to receive part of the insurance in proportion to the period during which the insurance contract was in force. In other words, the company keeps part of the payment for itself, and returns a part to the payer of the insurance. Clause 7 of Art. 10, containing information about the features of life insurance with the condition that the insured borrower lives up to a specific age or a predetermined date. According to the above, on the day of termination of the contract, the insured is refunded the amount in the amount of the insurance reserve on the day of termination of the contract. Therefore, any borrower has the right to count on the payment of funds that cannot be assessed by the insurance company due to the termination of the contract with it.

What is said about this in the Letter No. 03-04-05 / 4-420 from the Ministry of Finance of the Russian Federation, published on 05/08/2013. Following the instructions in this letter, credit organizations are obliged to return to the insured persons a percentage of the unspent insurance amounts after deducting the amount calculated for the duration of the insurance

What pleases no less is the absence of tax fees for trying to prove your case in a confrontation with an unscrupulous insurance company.

However, everything spelled out in legal prescriptions will be impossible to use in favor of the borrower if the insurance contract certified by him contains rules indicating the prohibition of payments in case of early repayment of the loan. If the agreement contains such clauses, then after the signature of the borrower of such a document it is considered (yes it is) that by signing you agree to the existing conditions. Therefore, carefully read all the papers to be signed! Didn't bother to get acquainted in detail with each clause of the contract before its certification, correct the oversight after, when you decide to take part of the insurance from the insurance company. If the contract contains clauses that allow the company not to pay you insurance premiums when the loan is closed early, then it will definitely take advantage of this. It is unprofitable to enter into a duel with insurers under such conditions. You will waste a lot of time and win if you find a very dodgy lawyer who can find a breach in the contract. But in some ways, even the most crafty lawyers are unable to sue the percentage of the insurance amount you want.

The representative of the Consumer Rights Society explains about the return of illegally imposed loan insurance:

What points to mention in the statement of claim:

• Be sure to indicate Art. 958 of the Civil Code of the Russian Federation, which indicates the possibility of breaking the insurance contract in the absence of the possibility of an insured event. Moreover, an important fact is that the termination of the contract occurs due to a circumstance that is not specified in the contract as an insured event.
• 32 Art. Law of the Russian Federation that guards consumer rights and allows consumers to refuse services that have become unnecessary for him (provided that you reimbursed the contractor for all the expenses actually incurred by him, which were necessary to fulfill the obligations assumed).

Remember to attach a document in the following format as an additional argument:

• In the body of the document, write that all the obligations assumed by you under the loan agreement with such and such a registration number have already been fulfilled by you on such and such a date.
• The fulfillment of obligations serves as the basis for terminating the insurance contract, since there is no possibility of an insured event occurring. Its non-occurrence is also evidenced by the fact that the insurance company did not need to fulfill its obligations to the bank in which the borrower (such and such) took out a loan, so the applicant fulfilled his obligations in full.
• Taking into account the fact that the loan is repaid before the date specified in the loan agreement, today we have that the sum insured is zero. Based on this, I ask you to oblige the defendant to return the amount in this amount.

Before filing a statement of claim, first notify the insurance company itself about the desire to receive part of the insurance, indicating as the basis for the early repayment of the loan with which it insured.

After deciding that the insurance company owes you a certain amount, find out the amount of the debt. If you need to pay any expenses to get justice done, make sure that they are less than the portion of your loan insurance you want. Otherwise, is it worth starting a lawsuit if it will not bring you any benefits even if the case is won?

The form of the contract you signed with the insurance company deserves no less attention. If the document says in black and white that the termination of the loan is not the basis for the payment of the remainder of the insurance, then you do not have an instrument to influence the insurers. Unless you can prove that the insurance contract was signed under duress by an official company. But the last argument will be useful only in the case when a loan was issued, the issuance of which is possible without signing insurance. For those who took a mortgage, car loan, this loophole cannot be used.

Good luck in the fight for justice and do not take hasty steps when working with slip documents.

Get acquainted with each clause of the agreement, ask for advice from experts you trust.

Better to postpone signing a contract and seek advice on an embarrassing issue than recklessly into a financial loop.

"Voluntary-compulsory" insurance of life, health, property and loss of work is used by banks when issuing any, even small loans. In connection with the falling incomes of Russians and an increase in the number of bad loans, insurance has become a kind of “straw” that financial organizations carefully underlay themselves. And of course, none of the bank employees will tell you how to get your insurance back in case of early loan repayment. But sometimes we are talking about amounts of 10, and 20, and 50 thousand rubles - which means we will understand.

How to return insurance in case of early loan repayment. Step-by-step instruction

So, if you are reading this article, then most likely you have recently repaid a loan ahead of schedule or are thinking about it. By and large, you have to try, it is quite possible to do it. It didn't work out - it's okay. If 3 years or more have passed since the date of repayment, forget about the return of any funds - all the limitation periods have already passed. And if not, take the following documents from the shelf (in general, it is not recommended to throw them away, they may come in handy at any time):

1. Credit agreement, credit conditions;

2. Insurance contract;

3. Pledge agreement (if any);

4. Receipts confirming payments and a certificate of full repayment of the loan from the bank (it is always recommended to take it to confirm the absence of debt).

Take a look the first three contracts... The insurer can be either a bank or a separate insurance company. You should contact the insurer, even if you signed the documents at the office of the credit institution.

The next point is the object of insurance. If an apartment, car, house, or other collateral is insured, you can do it easier - submit an application to the insurer, in which you or your loved one appears as the beneficiary under the still valid insurance contract, and not the bank... Then insurance will make sense again.

If the object of insurance is life, health, work, or you want to return money for property insurance, follow these instructions:

Step 1. Submit an application to the insurer.Do not fill out the form given to you at the office. Bring a ready-made application in duplicate (see the sample at the end of the article). Regardless of the clause on the return of insurance in the contract, it is worth trying to get the money back, especially if you are ready to go to the end, or if it comes to a large amount. Attach a certificate of loan repayment to the application, indicate which articles of the Civil Code you are referring to. Do not forget that you can only claim a portion of the insurance premium from the date of the actual loan closing to the scheduled closing date.

Will come to your aid:

• art. 958 of the Civil Code of the Russian Federation, which describes the conditions for early termination of the insurance contract. In particular, paragraph 1, paragraph 3 of this article, which states that if the risks of an insured event disappear before the expiration of the contract, the insurance company is obliged to recalculate and return part of the amount;
• art. 395 of the Civil Code of the Russian Federation, which states that for the use of other people's funds, interest is charged at the refinancing rate of the Central Bank of the Russian Federation. Does the insurer use your money? Let him pay.
• the logic that says that the insurance contract was inextricably linked with the credit contract and the termination of the main contract leads, firstly, to the cancellation of the risks of an insured event, and secondly, to the automatic termination of all additional contracts. It is good to use this logical position to protect your interests in court.

Step 2. Do not "give up", when the company's lawyer sends you a reasoned refusal, referring either to the clause in the contract, which indicates the impossibility of returning insurance on an early paid loan, or to the same Art. 958, clause 3, which speaks about the right of the insurer not to return money if the consumer himself terminates the contract ahead of schedule.

Step 3. After receiving a rejection, you have two options. The first, as already mentioned - change the beneficiary. It is worth doing this if the potential amount does not cover the legal costs and attorney fees. Otherwise, hire a lawyer and go to court... Litigation is controversial - you may be out of luck, but most lawsuits over insurance returns are won by consumers.

When the chances of a refund are close to zero

If the insurance was included in the package of additional banking services, along with sms-information, card issuance, etc. In this case, such insurance is considered a commission. Nobody returns commissions, right?

In order not to lose money in case of early repayment of the loan, carefully study the offers of banks, their terms of lending and the loan agreement. Is insurance highlighted as a separate service or included as a “commission”? Who is the insurer? You can immediately ask the credit manager what to do with the insurance premium in case of early repayment of the loan - in good banks there is always an approved procedure for this. What banks do you work with?