We pay off the loan ahead of schedule and receive insurance money. How to get your insurance back if you repay your loan early

One of the conditions for issuing any loan is insurance. This could be taking out insurance for the collateral: a car or residential premises, or maybe life and health insurance. Banks often offer to include funds for insurance in the loan itself. What happens to the insurance if the debt is returned early? After all, there is no point in needing it anymore. Is it possible to get a refund for the remaining insurance period?

According to the law The bank has no right to require the client to insure his life and health. When applying for a loan, the bank manager must inform that such insurance is voluntary and cannot influence the decision to issue.

However, the illiteracy of the population in legal matters, as well as the tricks of banks, lead to the fact that such information does not reach the borrower. In any case, the borrower decides for himself whether to insure his life or not, and it is necessary to weigh the pros and cons of making such a decision.

So, you decided to insure your life when applying for a loan, while paying for the insurance in full. After some time, you were able to repay the loan early, but life insurance remained. What happens to insurance? She continues to act. But in fact, the need for it has already disappeared.

Is it possible to terminate the contract and get the money back?? This depends on two points.

• Firstly, You have repaid your loan early. This means that you can not only get back the money spent on paying for insurance services, but also interest if they were overpaid. Read more about this at this link.
• Secondly, the insurance contract states that the client has the right to an insurance premium if terminated early. The insurance premium is formed from the funds paid for insurance minus the amount already used.

All conditions for receiving your insurance money back have been met. What's next? First of all, you need to contact your insurance company. You need to submit an application. Write two copies (one for you, the second for the insurance company).

In the application you indicate that you need to recalculate insurance premiums and return part of the funds due to early repayment. By the way, if you are just planning to pay off your debt ahead of schedule, we suggest that you read this article, where we talk about how to do this most profitably.

Make sure that the application has been registered and that your copy bears the appropriate mark. The application must be reviewed within 10 working days. In theory, after this period, you are required to return the remaining insurance funds. What to do if this does not happen? You can safely file a claim in court.

In your application, you can refer to Article 958 of the Civil Code of the Russian Federation. According to this law, you create conditions for termination of the insurance contract when you repay the loan ahead of schedule. It also states that the insurance company can keep only part of the premiums and return the rest to the client.

Thus, the borrower has every chance to return part of the money spent on life insurance.

If you signed an insurance contract, but next month you want to cancel this service, you may be able to get your money back without having to completely repay the loan, read more about this.

Insurance contract - an almost mandatory annex to the loan agreement: the bank wants to be sure that in any case it will receive its funds back. But can the borrower return the insurance premium if the loan is repaid early? The lower courts disagreed, and the Supreme Court demanded that the appeal substantiate its point of view.

Is the insurance contract terminated upon repayment of the loan?

In November 2014, Ramil Ismagilov ( last name changed-approx. ed.) took out a loan for a large amount from OJSC InvestCapitalBank. In addition to the loan agreement, he entered into a life and health insurance agreement with LLC SK Soglasie for a period of five years. According to the document, upon the death or disability of the borrower due to illness or accident, the insurer had to repay the balance of his debt to the bank. The insurance premium amounted to 123,500 rubles.

A day after the conclusion of the agreement, Ismagilov repaid the loan in full ahead of schedule and on this basis demanded a refund from the insurance company. However, they refused him there, and the man appealed to the Tuymazinsky District Court, which recovered 218,147 rubles from the policyholder: the amount of the insurance premium, 20,000 rubles. penalties, 2000 rub. as compensation for moral damage and 72,715 rubles. a fine for refusing to satisfy the consumer’s legal requirements on a voluntary basis.

In his decision the judge Venera Rybakova relied on the provisions of Art. 985 of the Civil Code (early termination of the insurance contract). Clause 1 of this article states that the contract may cease to be valid if “the possibility of the occurrence of an insured event has ceased, and the existence of the insured risk has ceased due to circumstances other than the insured event.” Examples of such circumstances include the destruction of the insured property or the termination of business activity when insuring business risks.

In paragraph 3 of Art. 985 Civil Code says:

3. In case of early termination of the insurance contract under the circumstances specified in paragraph 1 of this article, the insurer has the right to a portion of the insurance premium in proportion to the time during which the insurance was in force. In case of early refusal of the policyholder (beneficiary) from the insurance contract, the insurance premium paid to the insurer is not refundable, unless otherwise provided by the contract.

The court considered that after the loan was repaid, the plaintiff had no need for further validity of the insurance contract. Consequently, the existence of the insurance risk ceased due to circumstances other than the insured event, which, by virtue of paragraphs. 1, 3 tbsp. 958 of the Civil Code entails the return of part of the insurance premium in proportion to the time during which the insurance was in effect.

These conclusions were not agreed on appeal. The Supreme Court of the Republic of Tatarstan overturned the decision, indicating that payment of loan debt is not included in the list of circumstances falling under clause 1 of Art. 985 GK. Termination of the loan agreement did not entail automatic termination of the insurance agreement. And, since the terms of the agreement did not provide for the return of the insurance premium in the event of early payment of the debt to the bank, Ismagilov’s demands cannot be satisfied. The man appealed to the Supreme Court of the Russian Federation, which considered his complaint in April of this year.

The decision must be justified

The judges of the Collegium for Civil Cases considered that their colleagues from the appeal did not substantiate their point of view, violating the provisions of Art. 195 (legality and validity of the court decision) and part 4 of Art. 198 of the Code of Civil Procedure (content of the court decision) and ignoring the recommendations of the Resolution of the Plenum of the Supreme Court of the Russian Federation of December 19, 2003 No. 23 “On the court decision.” It says that the decision is justified when the facts relevant to the case are confirmed by evidence examined by the court that meets the requirements of the law on their relevance and admissibility, or by circumstances that do not require proof (Articles 55, 59-61, 67 of the Code of Civil Procedure), and also when it contains exhaustive conclusions of the court arising from the established facts. The appeal ruling does not meet these requirements.

“The court, citing the fact that the insurance contract did not provide for the return of the paid insurance premium, did not provide evidence on which the relevant conclusions of the court were based, which resulted in a decision that did not meet the requirements of Articles 195 and 198 of the Code of Civil Procedure of the Russian Federation,” it said in the definition of aircraft.

Meanwhile, clause 6.5 of the insurance contract and clause 9.1 of the Rules for credit insurance against accidents and illnesses, approved by the general director of Soglasie Insurance Company LLC on December 1, 2009, provide for the termination of the insurance contract if the possibility of an insured event no longer occurs and the existence of an insured risk terminated due to circumstances other than an insured event. The policyholder does not provide a list of “other circumstances”. At the same time, clause 9.3 of the Insurance Rules leaves the insurer the opportunity to return the money paid under the contract if the risk of an insured event has disappeared.

“The court should have assessed the interrelated provisions of the above-mentioned insurance contract and the Insurance Rules and established which cases of termination of the insurance contract due to the impossibility of an insured event occurring were provided for by a specific insurance contract, and whether early termination of the insurance contract could lead to the return of the insurance premium,” the Supreme Court believes , who sent the case back for reconsideration on appeal.

What the experts say

Experts interviewed by Pravo.ru support the Supreme Court’s point of view, believing that the appeal was wrong. However, some of them believe that for the formation of practice it would be more useful not to send the case for review, but to make a final decision on it, indicating whether it is possible to return the funds spent on insurance or part of them if the loan is repaid ahead of schedule.

" When considering this case, the RF Supreme Court could formulate a uniform practice of applying Art. 958 of the Civil Code of the Russian Federation, answering the question of whether the insurance contract is terminated after early repayment of the loan, however, focused on procedural violations and did not speak out about the correct application of substantive law. Such a position may be perceived by the courts as “tacit” agreement with the position of the appellate court, which will only increase legal uncertainty,” he believes Yulia Lysova, lawyer at Forward Legal . At the same time, in her opinion, the requirement of the Supreme Court on the need to comply with the imperative requirement for the validity of a judicial act deserves high praise. “This position has a positive significance for the formation of the practice of comprehensive consideration of cases and, as a result, the adoption of fair judicial acts. Its development may exclude the “formal” assessment by the courts of evidence in similar disputes, which in practice leads to the infringement of the legal rights and interests of policyholders,” - says the lawyer.

Lada Gorelik, managing partner of the Moscow Bar Association “Gorelik and Partners”, indicates that in this case, the true motive that prompted the borrower to enter into an insurance contract was the motive for obtaining a loan, and not life or health insurance. “It is obvious that the condition for issuing the loan was the conclusion by the borrower of an insurance agreement with a certain insurance company. Thus, the voluntariness of concluding an insurance agreement and incurring significant expenses for the payment of the insurance premium by the borrower is initially questionable, since insurance was essentially imposed by the bank. This practice of concluding insurance agreements widespread, has long been known and often causes a storm of emotions among borrowers,” she states.

Under the terms of the loan agreement, upon the death or disability of the borrower, the insurer agreed to make an insurance payment to the bank within the limits of the borrower's outstanding debt to the bank. Thus, based on the circumstances of the case, the only beneficiary of insurance payments in the amount of the outstanding loan was the bank. Since the borrower repaid the loan ahead of schedule, the possibility of an insured event no longer existed and the existence of the insurance risk ceased. Fulfillment of the contract by the insurance company is no longer possible; in fact, the contract is terminated for reasons not related to the early refusal of the borrower or bank from the insurance contract.

The insurance contract and the Rules also stipulate that the contract is terminated if the possibility of an insured event no longer exists and the existence of the insured risk ceases due to circumstances other than the insured event. “At the same time, the agreement and the Rules do not define a list of specific circumstances, and the norm of paragraph 1 of Article 958 of the Civil Code of the Russian Federation, apparently, was perceived by the Supreme Court of the Russian Federation as dispositive, that is, not containing an exhaustive list of circumstances. Such a basis for terminating the agreement gives the borrower the right to demand return of a proportional part of the insurance premium (clause 3 of Article 958 of the Civil Code of the Russian Federation),” the lawyer suggests.

At the same time, Gorelik believes that the decision of the Supreme Court to send the case for a new trial to the appellate court is “hardly justified,” since the judges had both a complete picture of what was happening and the opportunity to consider the dispute on the merits, which would be the basis for the formation of judicial practice on such categories of cases in the following.

“By paying the borrowed funds, the plaintiff completely deprived the insurance agreement in favor of the bank of meaning,” the lawyer agrees Alexey Mikhalchik, who assesses the situation more optimistically than his colleagues. “The Supreme Court cited the provisions of the law and insurance rules, which, in their interconnection, should have been the basis for the decision in favor of the policyholder.” From his point of view, what is more surprising is the decision of the appeal, which approached the resolution of the dispute formally, without taking into account the peculiarities of evidence "It was the responsibility of the defendant to have a mandatory and unambiguous provision in the contract with the plaintiff indicating that it could not be terminated early on specific grounds," he says.

Svetlana Tarnopolskaya, partner at Yukov and Partners, also thinks that the premium will still be returned to the insurer, which will be a lesson for insurance companies. “It is possible that, based on the results of consideration of this case, insurance companies will be more attentive to the formulation of the terms of contracts, so that in the event of early repayment of the loan, the insurance premium “in the unused part” is not returned to the borrower,” the lawyer suggests.

When receiving a bank loan, the borrower is forced to buy insurance policies. Banks and insurance companies are players in the financial services market; they are focused on making a profit. As for borrowers, in most cases, they do not use loan insurance. The question arises, is it possible to get your money back for insurance? In this article we will discuss the possibility of returning loan insurance in case of early repayment and talk about ways to collect the insurance premium.

How will we insure ourselves? Compulsory and voluntary insurance

Let us immediately note that when applying for a secured loan, you need to insure the object against damage and loss. This is a mandatory requirement and is determined by law. Therefore, when applying for a mortgage loan, you should be prepared to purchase a property insurance policy for the entire loan period.

The bank will offer title and life insurance. It is important to know that this is done voluntarily. The borrower decides independently whether to purchase such insurance or not.

Title insurance guarantees repayment of the debt to the lender in the event of the borrower losing rights to the mortgaged property.

Life insurance provides confidence in the repayment of the loan in the event of premature disability. We will talk about this insurance in more detail in the next section.

To summarize: mortgage borrowers must insure the purchased property. Life and title insurance for a mortgage is available upon request, on a voluntary basis.

When receiving a consumer loan, it is not necessary to insure life and health; any requirement of the lender to purchase a policy is illegal.

Video on this topic:

Loan life insurance: what is it?

In simple words, loan insurance is a guarantee to the bank to repay the debt in case of unforeseen situations. The borrower purchases this guarantee from the insurance company. The company (insurer), concluding an insurance contract and assessing the risks, sets an insurance premium. This is the price of the policy, insurance, guarantee to the bank.

Let's give an example: when concluding a consumer loan agreement for 1 million rubles for a period of 5 years, the borrower may be offered an insurance policy worth 50 thousand rubles. He will pay the premium amount in installments over the entire loan term. Thus, the loan will become more expensive by 5%, and this does not take into account bank interest.

A logical question is: what will the borrower get for this money?

The client’s life and health insurance, issued for a loan, guarantees the bank the return of the debt amount with interest in the following cases:

• loss of life;
• loss of health (disability)
• loss of employment for reasons beyond the control of the borrower.

That is, by paying a certain amount to the insurance company, the borrower insures the risks of non-repayment of the debt to the lender in the event of his death, loss of health or income. The insurer will assume obligations and pay the bank compensation in full.

Common sense dictates that situations of complete loss of health and work are unlikely for a person of working age and without severe pathologies. Therefore, insurance cases occur extremely rarely. To confirm such statistics, it is enough to turn to the experience of friends and acquaintances: which of them used credit insurance? For whom did the bank receive insurance payments?

The interests of the bank are clear: it insures its risks. Knowing that life insurance is a voluntary decision of the borrower, banks “impose” such a service, increasing interest rates in the absence of a policy. Often the bank and the insurance company belong to the same financial group, so the results of this approach are obvious: the profit remains in the “family”.

The interests of the borrower are ambiguous. The bank will tell you myths about the need for life insurance and how it is necessary. But let’s be realistic: which client, when applying for a long-term loan, will set the goal of becoming disabled? Or become unemployed? Life insurance for the borrower is a certain “peace of mind” for repaying the debt to the lender in any case. Many are willing to pay for it, and it is their choice.

How much does loan insurance cost?

You need to know that the insurance policy is purchased for the duration of the loan. As for tariffs, they are different and depend on a number of conditions. In 2017, you can find offers from 0.5% to 5% per year of the loan cost.

The size of the insurance premium is influenced by many conditions: the amount of the loan, the company’s “partnership” with the bank, the age and health of the borrower, and his occupation.

How to return an insurance premium

Is insurance refundable and in what cases?

It is important to know: the relationship between the client and the insurance company is regulated by law, Art. 958 of the Civil Code of the Russian Federation. This article gives the borrower the right to cancel the insurance policy up to 30 days after the conclusion of the contract. You need to submit an application to terminate the insurance contract. Insurers are usually not ready to immediately satisfy such wishes of clients, so it is worth enlisting the support of a lawyer and preparing a claim in court.

The most common question about the return of the insurance premium arises after early repayment of the loan. We recommend that the borrower first recalculate the insurance. You can do this yourself; it is important to find out the approximate refund amount.

If the early repayment of the loan took place at the beginning of the period, and the policy period is more than 11 months, there is a possibility of receiving cash compensation in full.

If the policy is valid for more than half the term, then you can receive a similar compensation. For example: the annual bonus amount is 10 thousand rubles. If you repay the loan in the first half of the year, the policy is valid for more than 6 months, you can return the insurance in the amount of 5 thousand rubles.

If the insurance period is shorter, payment will be denied.

After determining the amount of compensation, you can submit a claim to the insurer. This is a normal procedure; a sample application is obtained at the insurance office or on the website. Documents will be required: a certificate from the bank about early repayment of the loan amount, a copy of the agreement, a passport.

Pitfalls: what will prevent you from getting your insurance money back?

As noted above, the insurance company will try to refuse a refund. Article 958 (p3) contains a condition under which the insurer has the right not to return the premium if the contract is terminated at the initiative of the borrower.

The document must contain a clause on the need to conclude an insurance agreement for the period of use of credit funds. You can use this in negotiations with the insurer, citing the inseparability of the terms of the loan and insurance. If there is no debt to the bank, then an insurance policy is not needed. Judicial practice knows similar examples.

It is much more difficult to return the money if the loan is repaid early if the insurance was taken out at the bank, in the form of a package of financial services from the lender. In this case, you need to carefully study the agreement: a respectable bank will definitely include a clause on the return of part of the amount in case of early repayment of the debt. If there is no such condition, the insured person will have to prove the right to payment through the court.

Conclusion

Refunding an insurance premium is a troublesome process and not always effective. The rules for settlements with the insured persons after repayment of the loan or part thereof are usually defined in the insurance contract. If your document does not contain them, get ready for litigation with the insurer. We recommend that readers at the stage of concluding contracts with banks and insurance companies take into account such nuances and defend their interests.

Greetings! Alas, this week began with confrontation with the vicissitudes of fate. On Monday evening, I got stuck in front of the outer door of my apartment - something was stuck in the lock, and I couldn’t open it on my own. Fortunately, I didn’t take out the door opening specialist’s business card from my wallet. The called foreman did not interfere with his communication with me from performing his duties, so we got into a conversation, touching on, among other things, the topic of lending.

The master recently paid off his loan obligations. But no one informed him that it was possible to recoup the costs of loan insurance by arranging for its return.

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

In order to avoid paying the insurance premium to clients who decide to repay the loan early, banks and credit societies 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 to persons who paid off the loan earlier than planned, if there is no special clause in the agreement regarding such an option.

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

Thus, most lenders who pay the borrower earlier than the agreed period do not issue a refund.

What to do?

Contact your insurance company to submit a statement indicating that you wish to terminate your participation in the insurance program. Don't forget to bring documents confirming loan repayment.

Banks often advertise that they do not force those wishing to obtain a loan to insure their own life and resort to this measure only 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 money lent.

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

Those who apply later can also receive an insurance premium, but its amount will be smaller due to the deduction of various amounts for banking services.

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

Is it possible to return funds under credit insurance?

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

The subject of such an agreement is life and health, collateral property. When applying for a mortgage, a title insurance agreement is signed. This procedure is initiated by the bank, which seeks to use it to protect itself from losses in the event of problems with loan repayment.

Insurance is used as a tool to influence the borrower in order to encourage 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 repays the debt ahead of schedule is faced with the insurance company’s refusal to terminate the insurance and return part of the premium.

The company cites the lack of connection between the loan agreement and the insurance agreement as the reason for refusing a refund. Therefore, loan repayment, according to insurers, does not affect the insurance return mechanism.

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

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

Therefore, the points mentioned in Chap. 23 of the Civil Code of the Russian Federation, as obligations canceled upon repayment of the loan, do not have an impact on insurance contracts.

Naturally, the client can take into account the general rule of Art. 958 of the Civil Code of the Russian Federation, but the consequence of this will be the loss of the amount from the unearned part of the premium (provided that this point was separately agreed upon in the contract)

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

The likelihood of winning a court case is high due to the possibility of recognizing forced insurance contracts as contracts of adhesion.

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

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 due to 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 her own interests, but would not have agreed to them if she could have participated in determining the scope of the contract terms.

It is preferable for the client to go to court with a statement of claim based on Article 428, paragraph 2 of the Civil Code of the Russian Federation, since he receives the right to claim the remainder of the premium for the unused period.

The following format for drawing up an insurance contract with a borrower is usually practiced: the client signs a standard form that 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 expressing any protests, the client is presented with a fact: either the borrower accepts the terms and signs the agreement, or he loses the opportunity to receive 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, clause 3 and the conditions of clause 2 of Art. have undergone changes. 428 of the Civil Code of the Russian Federation has become possible to apply when considering contracts that cannot be classified as agreements of adhesion. 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 of those taking a loan, contracts for insurance of property specified as collateral. It turns out that now, when paying the bank the entire amount due 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 portion of the premium.

How to get insurance if you close your loan early?

Anyone who has ever borrowed money from a bank knows that insurance goes to the bank or to the insurers. If you don’t like this outcome, get acquainted with the algorithm for returning insurance to the borrower.

All banks issue funds to borrowers on the condition that they insure not only the borrowed funds, but also the life and health of the client. It turns out that loan users resort to insurance not voluntarily, but forcedly. And no one informs them that the law prohibits creditors from being categorical in this matter. In other words, the bank does not have the right to refuse a loan solely on the basis of the client’s reluctance to take out life and health insurance. At the same time, the bank manager is obliged to inform clients counting on a loan that all types of insurance offered in parallel are issued at the request of potential borrowers. But under no pressure from the party lending money, and the refusal of insurance should not influence the verdict on the decision to issue or not issue a loan.

D For information: in paragraph 1 of Art. 421 of the Civil Code of the Russian Federation states that persons (both individuals and legal entities) should not be subject to pressure when signing contracts. According to the law (Article 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 enslaving conditions.

How to recalculate the amount of the insurance premium or get back the insurance premiums paid if you are paying off the loan ahead of schedule, and the insurance payment transactions were carried out monthly or the funds were paid in a lump sum from the body of the loan?

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 company that judged the money or the company that insured this transaction stipulates that the client will not receive the unused part of the insurance when paying off the loan before the date specified in the contract, then you should not count on the return of insurance payments. Since the organizations honestly warned about the consequences of early fulfillment of loan obligations.

1. We notify the institution and try to resolve the dispute without trial.

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

We are writing a claim (perhaps in “your” case the document will be called an application) demanding a recalculation and return of the due portion of the insurance premiums, since you closed the loan earlier than planned. We make a copy of the document, then contact the operator and demand registration with a mandatory note on the letter, which we keep for ourselves

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

The nuances of preparing such a document:

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

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

2. We visit the regulatory authority.

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

• we write a statement indicating in it the fact that a letter of claim has been submitted to the bank or insurers;
• Attached is the response to the letter (if you have already received it);
• we make an inventory of documents transferred or sent to the bank;
• We are enclosing a postal notification confirming that the bank received the letter.

3. We go to court

You can proceed to this point without contacting Rospotrebnadzor.

When deciding to take this step, keep in mind that:

• litigation can last several months;
• claims for an amount less than 50 thousand rubles. the magistrate's court is in charge;
• court fees may be higher than the amount of the refunded insurance (you can insist that your defendant pay for the court fees, but the court will decide who will pay this bill).

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

• Statement of claim;
• Loan agreement;
• Insurance contract;
• Receipts and other official documents confirming your fulfillment of loan obligations;
• Calculation of the amount of the claim;
• Application to the bank;
• Document notification of delivery of a letter from you to the bank;
• List of documents sent to the defendant (inventory);
• When responding from the institution, please attach a copy of the letter and the original.

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

Consultation on insurance during the lending period in the video:

Car loan and mortgage

When taking out a car loan or a mortgage, you cannot do without insurance, and even in favor of the bank. 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 remaining funds by recalculating the remuneration independently.

In theory, insurance termination should be automatic. But if there is no word about this in the contract, and you made payments monthly, then if you stop transferring accruals, you may find yourself accused of being late and receive penalties and interest.

Consumer loan and insurance

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

Often, clients superficially review the terms of loan agreements and sign documents, thinking that everything written is mandatory. But even after signing the insurance, you can “turn it back” by filling out a refusal application with a bank or insurance company.

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

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

Borrowers have the right to re-issue the terms of insurance after the end of loan payments - they just need to change the information about the beneficiary, which can be the payer himself or someone close to him.

Before initiating the process with claims to officials, carefully review the terms of your loan agreement again. If the paper states that it is impossible to return the insurance or part of it if the loan is repaid early, then there is no point in starting a lawsuit. The court will side with your defendant.

Obtaining insurance for early closure of a car loan or mortgage

A loan to buy a car or a mortgage can only be obtained by going through the property insurance procedure. This is a way to protect banking interests, since the property purchased with the money issued is registered as collateral.

When the insurance period has not expired and the loan is paid ahead of schedule, borrowers can count on the return of the remaining funds. They must be paid after submitting a corresponding application to insurers.

If, according to the terms of the agreement, the borrower made regular payments, then after paying off with the lender, it is better not to stop the settlement with the insurer on your own, but to inform the latter of the fact that all obligations under the loan have been fulfilled. This is necessary to avoid late payment penalties and new expenses.

We return loan insurance from Sberbank

Borrowers who apply for a refund of the insurance premium within 30 days from the date of signing the loan agreement will receive a full refund of the insurance payment.

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

To apply for the return of insurance, please contact the Sberbank representative office. When submitting a claim, you must present your passport.

The accepted and registered application remains under consideration for about a month. If the claim is satisfied, the due funds are transferred to the client’s card or personal account.

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

Refund of insurance at Home Credit Bank

Credit balance insurance is mandatory. Without consent to this operation, it is impossible to receive a decent amount from a financial institution.

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

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

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

Necessity of insurance

Banks most often lend money for consumer needs, to obtain a mortgage or a car loan. In each case, the insurance program will have its own differences.

It is not necessary to insure your health, life, or workplace when taking out a mortgage.

For example, mortgage applicants cannot avoid insurance:

• property collateral in the form of real estate (you will have to spend your own money);
• CASCO (find out whether the bank offers to insure the car for the full purchase price or whether it is possible to obtain 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 drawing up a contract, you will receive additional items of significant expenses.

After taking out insurance together with receiving a loan, which you subsequently paid off ahead of schedule, you 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 duration of loan repayments for consumer needs does not matter. When receiving an application from a client who wants to get the insurance money back, managers will recommend contacting the insurers.

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 get part of the insurance back. A favorable outcome is possible only if the lawsuit is won.

The nuances of returning insurance payments depend on the policy of the bank that issued the loan. At Sberbank, for example, the factor influencing the decision to pay out insurance is the duration of loan settlements.

Is it possible to return the insurance before settlement of the loan?

It is difficult to obtain insurance after the loan is closed. What should clients do who did not want to take out insurance, but were forced to agree to it due to pressure exerted by the bank?

It is no secret that many borrowers agree to take out insurance out of fear of not getting the bank’s permission to issue loans. After all, not everyone who comes for financial assistance on loan terms knows that refusal of insurance is not a reason to refuse a loan. People even discuss the issue of refusing insurance with managers for fear of ending up on the list of unreliable clients.

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

If you find yourself in such circumstances, it is better to notify about your unwillingness to pay insurance premiums after receiving the body of the loan. Having borrowed money from the bank, a few days later apply for a waiver of insurance. Then you can count on getting your entire insurance back. If you submit a claim after a period of more than a month, you will not see payments. Just make everything official. Deciding simply not to pay insurance premiums will result in significant debt. A successful outcome of a “petition” for payment of insurance, submitted no later than 30 days from the date of registration of the loan, is possible for 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 registration of insurance and loan, you can only count on at least part of the payments from insurance premiums if you repay the loan early .

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

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

If, when applying for a loan, the insurance amount 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 - claiming the amount for the period remaining until the expiration date of the insurance policy. It is required to visit the insurance company and provide a statement of desire to receive the remaining portion of the insurance premium. In addition to a written claim for payment, you will need to have a passport and both agreements (credit and insurance). Be sure to make a copy of the claim with a note about registration.

When filing a claim, please indicate:

• your passport details;
• account numbers of contracts;
• account details for sending the insurance amount (some companies require you to indicate details in a separate document).

There is nothing complicated about filing a claim; you can easily handle the procedure yourself. But if you are a busy person, you can entrust the management of the business to a trusted person.

If insurers refuse to return payment for the period from the day the loan is repaid until the day the insurance contract expires, go to court. But keep in mind that court cases have costs - is it worth fighting for insurance payout if the amount of remuneration exceeds the cost of court fees.

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

If there is no additional agreement with the insurance company, look for information about the terms of insurance payments in the loan agreement. In this case, submit claims for insurance return at the bank office.

Algorithm of actions for payers of monthly insurance premium.

Equal payments for insurance throughout the entire loan term are typical for mortgage lending, purchases on a secured loan and CASCO.

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

Is it worth returning?

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

Having not decided or been unable to refuse life insurance when you took out a loan, you can use it to your advantage when you decide to pay off your borrowed obligations ahead of schedule. This can be done by changing the beneficiary, indicating the full settlement of the loan as the basis.

Pay off your loan ahead of schedule - get insurance!

Let's assume this situation. The borrower was forced to take out insurance to obtain loan funds. And the amount of payments on it was repaid in full against the loan 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 period has not yet expired:

Step 1. Don't break the contract right away! Insurers will accommodate you and terminate the contract upon receipt of appropriate notice from you. But no one will return the money unless the contract stipulates that the insurer is obliged to pay the balance to the client who closed the loan ahead of schedule. If there is such a clause, you are required to return the balance of funds that appeared due to the premature end of the credit period.

Step 2. Do not begin 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 reasons for termination of insurance.
• Conditions for returning part of the funds to the client if he decides to terminate the contract with insurers early.

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

The good news is that there is no state fee for conducting such cases, and litigation to protect consumer rights is heard in the court of the district where the plaintiff lives.

Some insurers may delay payments. What to do in this case? Unfortunately, I have a small amount of useful information on lawsuits against insurance companies that fraudulently pay insurance to clients who repay their loans early. But even theoretical calculations cannot be ignored if they help 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, you should not think that the chances of winning the process are small. On the contrary, they are quite large.

The insurance contract is terminated ahead of time, based on the requirements 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 an insured event occurring due to circumstances not described as an insured event no longer exists. Early repayment of a loan is such a circumstance.

According to the law (more precisely, clause 3.958 of the Civil Code of the Russian Federation), a borrower who repays a loan early 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 funds for itself, and returns part to the insurance payer. Paragraph 7 of Art. is also interpreted in favor of the payer. 10, containing information about the features of life insurance with the condition that the insured borrower survives to a specific age or a predetermined date. According to the above, on the day of termination of the contract, the insured is returned an amount in the amount of the insurance reserve on the day of termination of the contract. Therefore, any borrower has the right to expect payment of funds that cannot be accrued to the insurance company due to termination of the contract with it.

What is said about this in Letter No. 03-04-05/4-420 from the Ministry of Finance of the Russian Federation, published on 05/08/2013. Following what is prescribed in this letter, credit institutions are obliged to return to the insured persons a percentage of unspent insurance amounts , having previously subtracted the amount calculated for the period of insurance

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

However, everything prescribed in legal regulations will be impossible to use in favor of the borrower if the insurance contract certified by him contains rules indicating a prohibition of payments for early repayment of the loan. If the agreement contains such clauses, then after the borrower signs such a document, it is considered (and indeed is) that by signing you agree to the existing conditions. Therefore, carefully read all the papers that you have to sign! If you didn’t bother to read each clause of the contract in detail before certifying it, correct the mistake later when you decide to withdraw part of the insurance from the insurance company. If the contract contains clauses that allow the company not to pay you insurance contributions if 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 resourceful lawyer who can find a hole in the contract. But in some cases, even the most insidious lawyers are not able to win the percentage of the insurance amount you want.

A 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 terminating the insurance contract if there is no possibility of an insured event occurring. Moreover, an important fact is that the contract is broken due to a circumstance not specified in the contract as an insured event.
• 32 art. The Law of the Russian Federation protects consumer rights and allows consumers to refuse services that have become unnecessary to them (provided that you reimburse the contractor for all expenses actually incurred by him that were necessary to fulfill his obligations).

As an additional argument, do not forget to attach a document in the following format:

• In the body of the document, write down that all obligations assumed by you under the loan agreement with such and such registration number have already been fulfilled by you as of such and such date.
• Fulfillment of obligations serves as a 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 have to fulfill its obligations to the bank from which the borrower (such and such) took out a loan, since the applicant fulfilled his obligations in full.
• Considering the fact that the loan is repaid before the date specified in the loan agreement, today we have that the insured amount is zero. Based on this, I ask that the defendant be ordered to return the amount in this amount.

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

Once you decide that the insurance company owes you a certain amount, find out the amount of the debt. If you need to incur any expenses to restore justice, make sure that they will be less than the portion of the loan insurance you want. Otherwise, is it worth starting a lawsuit if it will not bring you any benefits even if you win the case?

The form of the contract you signed with the insurance company deserves no less attention. If the document says in black and white that termination of the loan is not the basis for payment of the remaining portion of the insurance, then you do not have a tool to influence the insurers. Unless you prove that the insurance contract was signed under duress from the 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 have taken out a mortgage or car loan, this loophole cannot be used.

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

Get acquainted with each clause of the contract, ask for advice from specialists you trust.

It is better to delay signing the contract and seek advice on an embarrassing issue than to recklessly get yourself into a financial noose.

Irina Khokhlova entered into a loan agreement with PJSC Sberbank of Russia. According to her, one of the conditions for obtaining a loan was to insure the life and health of the borrower with the Sberbank Life Insurance company. Therefore, the woman applied for a collective insurance contract.

Khokhlova repaid all loan debt ahead of schedule. According to the rules of insurance for Sberbank borrowers, the client’s participation in the insurance program automatically terminates upon full fulfillment of obligations to the bank under the loan agreement (clause 4.1 of the conditions for participation in the program of collective voluntary life and health insurance for borrowers of Sberbank of Russia). At the same time, according to these conditions, the bank must make a partial refund of the funds paid by the client as a fee for connecting to the insurance program.

Irina Khokhlova applied to Sberbank for the return of the insurance premium in connection with the early fulfillment of obligations to the bank. However, the bank refused her, informing her that the insurance contract was still valid. According to bank employees, the woman was insured under another program that did not provide for the return of the insurance premium in case of early repayment of the loan.

The client appealed to the Bologovo City Court with a demand to terminate the insurance contract early, to collect from the bank a fee for connecting to the insurance program, a fine, a penalty and compensation for moral damage.

During the consideration of the case, she filed an application to amend the claim, according to which the bank did not inform her of information about the amount of the commission for connecting to the insurance program. In this regard, the woman asked to recognize the remuneration paid to the bank as unjust enrichment. She also said that she did not sign an application to join the insurance program (although she initially indicated in the lawsuit that she sent such an application to the bank).

On April 4, 2017, the Bologovo City Court refused to satisfy her demands. According to the court decision, Khokhlova’s arguments that the bank employee did not explain to her the components of the insurance fee cannot be considered valid. The borrower had complete information about the service offered to her and voluntarily agreed to purchase it at a price agreed with the bank, the court noted. She had the opportunity to seek clarification about the cost of the components of the service, as well as could refuse it, since joining the collective insurance agreement was not made dependent on the conclusion of a loan agreement with her, it follows from the court decision.

In addition, the court emphasized that in case of early repayment of the loan debt, this insurance agreement continues to be valid in relation to the insured until the end of the period specified in the agreement or until the insurer fulfills its obligations to pay compensation upon the occurrence of an insured event. At the same time, the refund of the insurance premium was possible only within 14 days after the conclusion of the insurance contract, the court noted.

In December 2017, Irina Khokhlova appealed to the judicial panel for civil cases of the Supreme Court of the Russian Federation with a cassation appeal. On March 6, 2018, the RF Supreme Court dismissed the complaint, upholding the decision of the trial court.