More than a third of Russians, according to statistics, do not pay loans. Moreover, 90% of non-payers have 3 or more loans in different banks. This situation in the lending market is explained by the fact that the level of income of the population is growing much more slowly than inflation. Prices for utilities, food and household items “eat up” the increase in salaries and pensions. If you need to make a large purchase, consumers often turn to credit services. But the difficult financial situation of the borrower leads to delays in payment, respectively, the debt (including fines and penalties) increases daily.
What if there is nothing to pay for a loan? Some debtors are trying to make a difference by taking new loans. But this only complicates their situation, as the monthly payments with the new loan increase. A bank customer is already ready for legal proceedings, property arrests and other troubles, when he unexpectedly receives a proposal from the lender to close the loan if the debtor repays only half the amount.
What’s the catch?
Some unscrupulous employees of credit institutions use such a move, not planning to resolve the situation at all:
- fines and interest no one will cancel. A bank can actually offer to pay only half of the loan body if the amount of fines is incomparably greater. In this case, payment of half of the debt on principal payments will not help get rid of financial obligations, since the bank will continue to demand to pay fines and penalties;
- argument for court. Some banks use this trick as a weighty argument for the court. After the borrower pays half of the loan body in one payment, the bank takes the debtor to court. And the fact of the last payment confirms that the diverts had money, he just did not want to return the debts;
- limitation of actions. The limitation period for debts is three years. If the bank did not have time to go to court in a timely manner, and the specified period is already close to completion, the bank may offer “favorable terms” for repayment of the loan. However, it is worth the borrower to make at least a ruble to repay the debt, the limitation period is renewed, it will be counted from the time of the last payment.
When there is no trick
But in some situations, the credit institution is really interested in interacting with the client. If the amount of penalties and fines is indecently large, the bank may offer such an option as paying half the debt.
- The financial organization, although it does not make a profit, but compensates for its expenses. Interest and penalties are “forgiven” to the borrower if the bank is really afraid of being left with nothing. Legal proceedings last a long time and cost the company dearly. Therefore, if the loan amount together with accrued interest and fines exceeded five times the original loan, the bank can make such an offer.
- The bank can offer payment of half of the debt, if it is planned to sell the loan to collectors for a penny. In this case, half the amount of the debt is a better deal than transferring it to a third party for 10-20%.
But it is necessary to take into account the nuances of early repayment of the loan. If the lender “makes a lucrative offer,” the borrower receives an “economic benefit”, which the tax authorities will be informed about. And very soon the former client of the bank will receive the requirement to pay personal income tax (13% of the benefits). And with fiscal organs, the jokes are bad.
For example, it looks like this: the loan amount is 50 thousand rubles. Bank customer pays half. The taxable benefit of the borrower is 25 thousand. We’ll have to pay a tax of 3250 rubles.
Even if the malicious debtor pays only half the amount of the debt, the bank still remains in the black. According to the rules prescribed for credit institutions, when issuing loans, they must accumulate funds within the framework of the “Reserve for alleged losses”. Usually, the amount of the reserve is one percent of the loan amount, but if there is a delay in repayment, an amount equal to one hundred percent of the loan amount is reserved. For the activities of a financial organization – it costs. In general indicators of financial activity, revenues are reduced, costs increase. But as soon as the loan is closed (fully or partially under an additional agreement with the borrower), the reserved amount is returned to the “income” account.
Although the bank does not actually make a profit, the company’s accounting records fix income, which has a positive effect on statistics.
Decided to take advantage of the offer of the lender?
If you decide to accept a bank offer, be sure to ask the lender for a draft “supplementary agreement”, which will state the conditions for early repayment of the debt, including the amount you have to pay. Calculate all the risks and benefits. It is best to consult a lawyer who specializes in “bad loans”. The lawyer must confirm that after payment of the specified amount the loan will be closed and the balance of the debt “written off”.
Well, after you have paid the amount to the account specified in the contract, the bank should be ready to issue a certificate of account closure and the complete absence of financial obligations.