When VTB 24 goes to court. Why doesn't VTB Bank sue the debtor?

And despite the fact that the financial structure defends its completely legal claims, which means that the chances of a positive consideration of the case are almost 100%, creditors are in no hurry to go to court. What are they waiting for? Let's start with the most important thing. A bank is a commercial organization that makes money out of thin air. Therefore, the longer the borrower does not pay his obligations, the greater the amount of penalties and fines that accumulate on the loan. The borrower, purely theoretically, has time to pay off his financial obligations, and the bank has time to make the most of them. Thus, 10,000 rubles can turn into 50,000-70,000 rubles. When the case comes to the end of the statute of limitations (we’ll talk about this a little later), the bank will make a “kind gesture” - it will restructure the debt, “forgiving” part of it and determining a new payment schedule.

What to do if VTB 24 bank sues

If we talk about the list of structures, then practice shows that some organizations never sue, preferring to increase their own assets for the maximum possible amount of time. And there are banks that more often than others go to court, resolving issues with “problem” borrowers in this way. These include: - Sberbank; - Alfa Bank; - Gazprombank; - VTB24; - Bank of Moscow; - Home Credit Bank; - Raiffeisenbank; Conclusions: When making financial obligations, always think about how you will pay them, because if you have a debt to the bank, it will not rush to resolve the case in court, but will “stretch out” the term of the agreement for as long as possible in order to accrue loan various fines and penalties.

How long does it take for VTB24 to sue the debtor?

If you are being defended by an “experienced” lawyer with solid experience, then you can relax a little. But you shouldn’t go against the system on your own: there is a risk that it will simply “break” you;

Why does VTB Bank take so long to sue?

Attention

But at the same time, the bank and I did not sign a single document. By the fall of 2012, my financial situation had deteriorated significantly; I personally met with the head of the department for the collection of problem assets, but during the conversation it turned out that the bank would begin to conduct any conversations about restructuring only after 61 days of delay. Upon reaching this deadline, I began to write letters to the bank with a request to consider the issue of debt restructuring, providing a payment schedule after the restructuring (potential).

The bank simply ignored my requests. Only after sending a copy of the letter to the head office did I receive a letter in response with the amounts of annuity payments, which slightly, but exceeded the amounts according to the current schedule, i.e. exceeded my capabilities at that time.

Why are banks in no hurry to sue the borrower?

When the case comes to the end of the statute of limitations (we’ll talk about this a little later), the bank will make a “kind gesture” - it will restructure the debt, “forgiving” part of it and determining a new payment schedule. Why does VTB Bank take a long time to file a lawsuit? And insurance is imposed by the bank - the court is...read answers (2) If the bank and microfinance organizations are in no hurry to file a lawsuit in court for non-payment of loans and borrowings? And interest is calculated every day. What to do in such a situation if...read the answers (1) 4 years have passed since the last overdraft payment.
The bank did not sue. Please answer, is this considered a statute of limitations? Thank you. read answers (2) I'm working.

VTB24 filed a lawsuit to collect debt

Info

What are they waiting for? Let's start with the most important thing. A bank is a commercial organization that makes money out of thin air. Therefore, the longer the borrower does not pay his obligations, the greater the amount of penalties and fines that accumulate on the loan. The borrower, purely theoretically, has time to pay off his financial obligations, and the bank has time to make the most of them. Thus, 10,000 rubles can turn into 50,000-70,000 rubles.

How often does VTB 24 go to court?

We reached a verbal agreement that in the near future I will contribute 5000 (2000+3000) per month, distributing the contribution between loans, until positive changes. In November 2013, the bank held a campaign to write off fines on overdue debt. Since October 2013, I became essentially unemployed, living on the proceeds from the sale of the remaining equipment of my enterprise.
In November 2013, I repaid 50% of the overdue debt on both loans, as a result, the bank wrote off 90% of the penalty, then payments continued under a verbal agreement - 5,000 rubles per month. In February, a bank card with an overdraft was blocked (the limit was not closed, but blocked), as a result of which it was necessary to make payments through the cash register and not through an ATM. (The statement of claim contains a document establishing the validity period of the card until September 14, 2014).

Requests: 52. What to do when the bank sues If you have received a notice that the bank has filed a lawsuit regarding your loan, do not be afraid. Does VTB 24 often go to court? Perhaps this is the only way to solve problems with the creditor. If a debt arises: 4. At the end of the hearing, a decision will be rendered, subject to immediate implementation.

The plaintiff is issued a writ of execution, on the basis of which he has the right to claim the debt independently or with the involvement of bailiffs. They sold the debt to collectors - Natalya, Is it worth filing a lawsuit against VTB 24 bank, they withdrew the entire salary from the salary card in favor of repaying the loan and sold the debt to collectors. 1 answer to a question on the topic “Sold the debt to collectors” Look at your loan agreement, if it provides for the withdrawal of money from your other accounts, then you should not sue in this regard.

How often does VTB sue debtors?

When VTB 24 can sue
Should you be afraid of going to court with your bank?
What to do if the bank sues
Check the information
How to prepare for a lawsuit with a bank

When VTB 24 can sue When a bank client has a late payment, the bank first gives some time. Of course, they will warn you about any delay more than once. However, you will be given a couple of months before the bank's security service gets involved. Next, the debt case will be transferred to collectors or a special unit. When filing a claim in court, the bank will rely on data such as:

Amount of debt. Typically, a bank files a lawsuit if the amount of debt exceeds 100 thousand rubles.
Only in exceptional cases may this be a smaller amount;
Overdue payment period.

What should you do when this terrible cloud hangs over your head?

Calm down and get the help of a lawyer.

What to do if VTB 24 bank sued The bank did not sue...read answers (1) In November 2007, I took out a computer on credit in an agreement stating that I am asking for a card, I did not sign, but I signed the agreement and paid for ...read answers (1) Please help me with the answer. Attention: I haven’t paid a loan from a bank for almost 4 years, what will happen and why doesn’t the bank sue? It may be that the bank will not submit a...read answers (4) I have a loan. But I can't return it. There is simply no work. But the bank does not sue and has even stopped calling.

Important Why doesn’t he sue?...read answers (1) Good afternoon. In 2012, I bought a TV in installments. I paid for about half a year, then I had to quit my job and had nothing to pay.
Help me build a proper defense in court. In general, the gist is this. In March 2011, I took out a cash loan from VTB24. In August 2011, the loan was fully repaid because... I took it from Promsvyazbank on the best terms. In September 2011, VTB 24 contacted me and offered even better conditions in the “Priority” package. Refinanced again. Scheduled payments began in October 2011. The loan agreement itself consists of the Lending Rules (as I understand it in the form of a public offer), an application form, consent to the loan and a payment schedule. The package with the loan included a bank card with a potential overdraft. I wrote an application and gave a receipt for the card to be issued, but at the time of issue and this is reflected in the document, the credit limit was set to 0 rubles. In the spring of 2012, additional financial resources were required; after a phone call and after presenting a certificate of income on the card, a limit of 300 thousand rubles was opened.

The main thing is that no one has the legal right to threaten debtors, not even the collection department! If such a situation arises, the defaulter may sue, and the bank will have to pay a substantial fine with compensation.

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Add a comment Comments Popular articles What should the salary be to take out a loan of 500,000 rubles?! What salary should be to take out a loan of 500,000? Exact calculation... How to correctly write a statement to the bank about the inability to pay the loan?! How to correctly write a statement to the bank about the inability to pay a loan?...

Why doesn't VTB sue the debtor?

Attention

Remember the names of these financial institutions:

Tinkoff;
Russian standard.

Is it profitable for the bank to start legal proceedings with you? It sounds strange, but sometimes borrowers are more interested in the proceedings than the bank itself. For a financial institution this is:

Serious waste of time.

Important

Lawyers need to prepare a claim, send it, make sure that the court has taken everything into account, and so on;

Enormous costs of funds (payment of state fees, work of lawyers, etc.). As soon as he goes to court, he must stop charging fines and penalties to the borrower.

This automatically entails loss of benefits;

Risks of ending up with nothing. Of course, in 90% of cases the banks win the case. But the remaining 10% of losses make them a little wary; Damage to reputation.

What to do if VTB 24 bank sues

How long does it take for VTB24 to sue the debtor?

And then the financial situation simply forced you to change the order and subtleties of depositing amounts;

If you applied to a financial institution with an application for restructuring, but they refused to do so, you should also attach documents. They will once again prove your good faith and desire to resolve the issue in good faith.

But what matters here is not only what is written in the law, but also the level of workload of the courts. In Moscow, justice officials are heavily overloaded with work.
But in the regions, the load on the courts is several times lower. This means that cases will be processed faster.
Attention! In Moscow, a regular court case for non-payment of a loan lasts 3-9 months.

Why are banks in no hurry to sue the borrower?

It’s unlikely that anyone wants to be “first in the number of debtors” in the market. Attention! The secret tactics of most financial institutions look something like this:

Notice the delay;
Do nothing, wait for it to increase;
Connect the security service to collect the debt;
Invite collectors;
Go to court if all the above methods do not work.

If you are overdue on your loan and the bank has not made demands for it, it is too early to rejoice. He's just waiting for the time to give you a hefty bill. How do banks sue debtors? What to do in such a situation? Usually they have everything “automatic” and it is almost possible to formulate a statement of claim electronically. What should you do when this terrible cloud hangs over your head?

Calm down and get the help of a lawyer.

Why does VTB Bank take so long to sue?

Info

Banks often look at:

Just imagine when there are thousands of such debtors throughout the city. The bank will have to hire a huge staff of lawyers to “extort” pennies from debtors through the courts.
Therefore, if the amount of your debt is less than 100,000 rubles, the financial institution will contact the security service or collectors.

Why doesn't the bank sue for non-payment of the loan?!

Filing a claim is often delayed and is a last resort. However, VTB 24 is just one of those banks that can file a lawsuit.
Should you be afraid of a lawsuit with a bank? Quite often, the bank’s security service tries to scare debtors with lawsuits. And despite the fact that the financial structure defends its completely legal claims, which means that the chances of a positive consideration of the case are almost 100%, creditors are in no hurry to go to court . What are they waiting for? Let's start with the most important thing. A bank is a commercial organization that makes money out of thin air. Therefore, the longer the borrower does not pay his obligations, the greater the amount of penalties and fines that accumulate on the loan. The borrower, purely theoretically, has time to pay off his financial obligations, and the bank has time to make the most of them. Thus, 10,000 rubles can turn into 50,000-70,000 rubles.

Does VTB 24 often go to court? Why doesn’t the bank go to court? Nowadays, a fairly common situation is when a borrower’s life situation changes dramatically, and he simply cannot pay his debts on his loans. He turns to his bank for help, perhaps they will approve a restructuring or deferment, but all these are temporary measures.

When the deferment ends and the borrower still does not pay, his debt begins to increase every day due to penalties and fines. It is possible to stop the accrual of interest legally only if there is an appropriate court decision, however, it may happen that the bank is deliberately delaying this and does not file a claim against you.

The reason is simple - the company wants to get as much money as possible. And the longer it waits, the higher the amount you will be charged.

VTB 24 filed a lawsuit against the loan debtor

Should I be afraid of going to court with my bank? Banks often look at:

The amount of debt you owe to the financial institution;
The length of your delay (is it 2 weeks or already 6 months);
Accrued late fees and others (it is beneficial for the bank that you remain in debt for as long as possible: this way more penalties will be “inflated” on the loan amount).

Attention! Litigation is a waste of time and effort for a financial institution. It is necessary to file a claim, pay state fees, and attend meetings (and this is all the time of a full-time lawyer).
Just imagine when there are thousands of such debtors throughout the city. The bank will have to hire a huge staff of lawyers to “extort” pennies from debtors through the courts.
Therefore, if the amount of your debt is less than 100,000 rubles, the financial institution will contact the security service or collectors. In a difficult situation, it is better to contact the professionals of our company, especially when it comes to repaying the loan and illegal actions on the part of the bank. There is no need to waste time proving something on your own. This is a general unspoken rule. But there are also those banks that are ready to run to court over 20,000 rubles. Which banks sue debtors? Large banks value their reputation, so cooperation with collection agencies is not in their rules. In general, it is not their policy to forgive debts to clients.

The issue of the population's debt burden is extremely topical today. It is difficult to find a person who has not at least once taken out a loan for any needs. Due to the huge number of loans issued, the number of those for which .

People may change circumstances, change their place of work, or even experience serious family and health problems. However, banks, one way or another, will try to collect the debt. VTB 24 Bank is no exception, and in our article we will tell you what to do if it sues you due to overdue debt.

When VTB 24 can sue

When a bank client has a late payment, the bank first gives some time. Of course, they will warn you about any delay more than once. However, you will be given a couple of months before the bank's security service gets involved. Next, the debt case will be transferred to collectors or a special unit.

When filing a claim in court, the bank will rely on data such as:

Amount of debt. Typically, a bank files a lawsuit if the amount of debt exceeds 100 thousand rubles. Only in exceptional cases may this be a smaller amount;
Overdue payment period. The more time you do not make a payment and ignore the bank's security service, the higher the chances of facing court. The average period starts from six months with no payments at all;
The amount of accrued interest. In part, it is beneficial for the bank to delay the filing of a claim within reasonable limits, because then the amount of the penalty can significantly increase the size of the debt.

Litigation is not profitable for the bank, because it requires a lot of time and financial costs. In addition, litigation is associated with certain risks for the bank. This may involve either the risk of appealing the amount required or the risk of losing the case. Filing a claim is often delayed and is a last resort. However, VTB 24 is just one of those banks that can file a lawsuit.

Should you be afraid of going to court with your bank?

Quite often, the bank's security service tries to frighten debtors with lawsuits. Due to ignorance of the nuances of the issue, many are really afraid that the bank will sue, but this will mean salvation rather than punishment for the debtor. VTB 24 is known for actually suing, preferring it

For the borrower, a lawsuit from the bank will mean that:

Bank security service will no longer call or otherwise disturb both the debtor himself and his relatives;
Accrual of penalties and fines will be suspended during the trial;
The required amount can be appealed, and in the end you will only need to pay the principal amount of the debt, and not additional fines and penalties for late payments plus it;
In case of a decision in favor of the bank, payments will be This means that the amount of each payment should be convenient for the debtor and at the same time proportionate to his income and expenses;
There is a chance to win the case against the bank and not pay the debt to it.

Under no circumstances should you ignore a lawsuit from the bank or refuse to take part in the proceedings. Such behavior will indicate an unwillingness to compromise with the bank. The court will simply fully approve the requirements of VTB 24, even if it specifies additional amounts for any of the bank’s services or huge penalties.

What to do if the bank sues

First of all, you should not give in to panic or depression. As we wrote above, the trial has a number of positive aspects, and you should not take the situation too emotionally. Consideration of such cases is standard procedure, In addition, there are no criminal penalties for such debts.

Check the information

Notice of a lawsuit is usually sent by mail in the form of a summons. It will contain almost all the required information. However, there are cases when bank employees inform customers about the claim by telephone. If you receive a call informing you that a lawsuit has been filed, be sure to find out:

In which court the case will be heard;
Date and time of the court hearing.

But even if a bank employee does not provide you with this information, you can always find it in person. Using the Internet, find out which court applies to your place of residence, go to the website of this court and see if there are claims in your name. If the search does not produce results, you can search in the court that will relate to the location of the plaintiff, that is, the bank itself.

There are often cases of attempts to intimidate by the fact that a lawsuit has been filed. In such cases, bank employees offer to resolve everything out of court. If you checked each of the courts and did not find a claim where you are a defendant in any of them, then it was not filed. Therefore, they are simply trying to mislead you.

How to prepare for a lawsuit with a bank

Even taking into account the fact that courts on issues of overdue debts are held quite often, there are a number of individual nuances. Of course, but before that it is better to have documents such as:

Loan agreement;
Receipts of payments made;
Letters, alerts or other messages from the bank.

After this, you can write, call or even order a call on our website. Our specialists will provide you with a free consultation and help you understand what documents may be required and how best to behave.

In addition, we will help you decide on the necessary applications. For example, the most basic petition that should be used in any court case regarding overdue debt is a reduction in penalties. Art. 333 of the Civil Code of the Russian Federation states that you have the right to request a reduction in disproportionate penalties and penalties. But often they can account for half of the total debt.

If the loan for which the lawsuit is being filed was issued several years ago, then it could be necessary to clarify this information with a specialist, because the beginning of the term can be either the last payment or the date the loan was opened. Remember that you have the opportunity not only to reduce the amount required by the bank, but even to win the case.

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How to win a lawsuit with a bank over a loan

How to win a lawsuit against a loan 2 Aug.

2019, 00:56 How does a court case with a bank regarding a loan proceed? In the absence of a lawyer, it is almost impossible to defend yourself in court on your own, so you need a professional lawyer. It is with experience in such processes. And you need to start searching as soon as you receive the summons.

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What to do if VTB 24 Bank sues

The issue of the population's debt burden is extremely topical today. It is difficult to find a person who has not at least once taken out a loan for any needs.

Due to the huge number of loans issued, the number of those for which payments were late is also significant. When VTB 24 can sue When filing a claim in court, the bank will rely on data such as: Should you be afraid of a lawsuit with the bank? For the borrower, a lawsuit from the bank will mean that: In no case ignore the lawsuit from the bank and do not refuse to take part in the proceedings themselves.

Bank VTB24

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Should I be afraid of going to court with my bank?

Whether the bank will sue depends not so much on the amount of debt, but on the period of no payments on the loan. As a rule, first of all, a bank employee works with such a debtor, who calls him and tries to convince him of the need to resume payments. If the borrower refuses to resume payments and does not provide any documents confirming his own financial insolvency, or completely avoids contact with the bank, then the bank has no choice but to resort to the help of a third party - a collection agency or court.

I have been a regular customer of the bank for 7 years. Now I am paying off 2 loans (consumer).

After 10 days (the date the 1st payment was written off), calls from the delinquency department began.

Not only did they accrue interest on me for the period of the proceedings, but they also withdrew funds from the second account, thus the overdue amount was already on two existing accounts! They offered to make the payment again so that there would be no delay!!

I wrote a complaint twice asking to change the CI, but in vain.

1. I have been officially bankrupt by the court since 2014, only as an individual entrepreneur. Today, on October 25, 2019, they sent a court order to the collector, a collection agency that I didn’t know about, and between VTB Bank for the period from 2013 to 2015 there is an amount of 10,000 and on the basis of an agreement on the assignment of rights of claim, an assignment agreement between the bank and the collection bureau. The order contains only my last name (which no longer exists), no place of birth, no place of work, no date of birth. that is, the claimant did not provide the information to the court at all. Explain what an assignment agreement is, etc., and where to go, and whether it’s worth writing objections here within the 10-day period. Thank you.

Lawyer Fadeev I.P., 6143 answers, 3752 reviews, on the site from 10/15/2018
1.1. Hello, the assignment agreement involves the bank transferring to the collectors for a fee the right to claim against you an obligation that you have not fulfilled. From the moment this agreement comes into force, you are a debtor to collectors.
To cancel a court order, you should send objections to the court within 10 days, in which it is enough to disagree with it.
After the court order is canceled, the debtor has the right to file a lawsuit against you to collect the debt, however, as part of its consideration, you can tell the court that the plaintiff missed the statute of limitations, and therefore the court will refuse to satisfy the claim.
In accordance with Art. 204 of the Civil Code of the Russian Federation, a change of person in an obligation does not suspend the limitation period.

2. I took out a loan from a Moscow bank in 2014. I stopped paying in April 2015, after which my debt was transferred to VTB Bank and I received a court order with a different contract number. I did not see this agreement and did not sign it.. The courts refused them, and only in 2019 did they file a claim correctly, i.e., against the old contract number of the Bank of Moscow. Is it possible, based on the statute of limitations, to cancel it because there were claims, the order was for a different contract number, but they filed mine only in 2019. If possible, then tell me how this can be written correctly in the appeal.

Lawyer Shevchenko A.S., 405 answers, 285 reviews, on the site from 10/02/2018
2.1. Hello. To answer your question, you need to study documents - a court order, a new statement of claim with attachments, your loan agreement.

Lawyer Svalov A. A., 1464 answers, 527 reviews, on the site from 05.25.2016
2.2. Hello. You need to see the documents for clarity.
If you need legal assistance, please contact us.

2.3. Hello Oleg! Please note that the statute of limitations is not the only basis for a bank’s refusal to satisfy claims. The loan agreement is a real transaction and is considered concluded from the moment the loan funds are credited to you. However, there is no evidence in your case materials that credit funds were credited. An account statement is not such evidence. In addition, in your case, the bank will not provide the original loan agreement.

This article discusses a dispute with the bank you specified.

3. On January 14, 2017 at 7 p.m., scammers stole money from two Bank of Moscow credit cards. With salary and credit. Since November 1, 2016, I have been a non-working pensioner, but for some reason the Bank did not close the overdraft. My personal funds in the amount of 500 rubles were stored on the former salary account. Together with the bank overdraft, this amounted to 13,500 rubles. They were transferred to the MTS phone account. From a credit card of 350,000 rubles, the scammers managed to steal 58,000 rubles, making four purchases of 14,500 each and the money was transferred to the MTS Bank account. All the fraudsters’ actions occurred during a conversation with an employee of the bank’s call center on a separate issue about the availability of funds on the debit card. The employee informed me about the withdrawal of money by fraudsters and blocked the cards. The illegal transaction was not stopped, although the funds were only finally debited on January 16, 2017, according to bank records. A criminal case was opened at the Pechatniki police station, and I was recognized as a victim. The Bank does not recognize documents from the Department of Internal Affairs. Demands the return of money with fines and interest, threatens to sue. Now the collection agency "Everest" is handling the collection. The amount they demand is also much higher than that stolen by the scammers. I am 67 years old, I am a disabled pensioner, I have completely lost my health, I almost never leave the house, I suffered a heart attack, I suffer from bronchial asthma and many other diseases that are indecent to write about, I am in great pain. I have no property other than a TV. My pension is not enough for anything, and I am constantly threatened with court action and forced deduction of 50% of my pension for many years to come. My question to the lawyer is the following: how likely is it that the collectors from Everest will sue or will it not be profitable for them? Still, the problem has many side circumstances, and the salary card was not closed due to VTB’s fault, how can an unemployed person retain the ability to use an overdraft? This confirms the bank’s irresponsibility to the client and careless attitude towards the safety of funds. To be honest, I don’t even understand how this could have happened. And it’s just as impossible to explain things to VTB. Instead of a written response from the Russian Post, my requests receive multiple SMS messages to a phone number with the same content, stating that my question is being considered by them, but the response is taking longer than planned. This continues for several months in a row. Everest apparently has no documents about scammers at all. I offered to bring the papers to their office, but they refused, answering that personal contacts were not provided. Although I received letters about their outdoor events. Sincerely.

3.1. You should not pay money that you did not receive.

Lawyer Sokolov D.G., 142220 answers, 33009 reviews, on the site since November 23, 2008
3.2. The fact is that you gave the scammers access to your accounts and they transferred the money. In this case, it is considered that you received them yourself.
Therefore, I cannot agree with my colleague’s opinion.
Regarding the overdraft, perhaps there is a violation on the part of the bank, and you can challenge the issuance of this amount, but I understand that this is a small amount, and the main amount was stolen from a credit card.
At the moment, we can only hope that the bank or debt collectors will miss the statute of limitations. When they are going to file a lawsuit and whether they are going to do so, I cannot say, it depends on them.
In addition, to find criminals.

Lawyer Frolov I.N., 648 answers, 389 reviews, on the site from 02/19/2018
3.3. Without a trial, it will not be possible to recover money from you. Advice to monitor your mailbox, as you may receive a copy of the claim or a court decision to issue a court order. If there is a court order, it must be canceled. I will dictate a sample application to you in court, or it is available on the stand. In the event of a claim, it is necessary to send an objection to the court and request case materials for study. Perhaps in a criminal case there may be information about the bank’s guilt. And it is necessary to declare a reduction in penalties. It is very profitable for collectors to sue, since you receive a pension, and they will be able to withhold up to 50 percent to pay off the debt if the court decides in their favor. And don’t pay a penny without a court order.

4. A few days ago, an SMS was received from the collection agency Sentinel about a debt to VTB Bank. I called the bank, they said that there was no debt to the bank, that it was a mistake. I called Sentinel, they reported that I had a debt of 164 thousand rubles. in front of the Bank of Moscow. In 2012, I applied for a credit card at this bank. In December 2015, debt arose and interest began to accrue. I didn't top up the card anymore. In 2016, I went to the bank to find out the debt, but there was a sign on the door of the bank that the bank was no longer operating and all issues should be resolved through VTB 24 Bank. Calls and correspondence with VTB Bank gave nothing, except that the bank recommended contacting the head office personally bank office in another city. There was no opportunity to go to another city, because... I was seriously ill. From that moment on, the bank did not make any claims against me. There are no enforcement proceedings on the bailiffs website. There is nothing on the Judicial Decisions website either. This means that the bank itself did not file a lawsuit. The bank probably assigned the debt to a collection agency. How likely is it that Sentinel will sue me for debt recovery, since the statute of limitations for filing claims for debt recovery has expired?

Lawyer O. A. Puchkova, 425 answers, 249 reviews, on the site since 02/20/2018
4.1. Most likely, collectors work under an agency agreement. Send them a refusal to cooperate by registered mail with a list of the attachments.

Lawyer S. I. Uvarova, 379 answers, 227 reviews, on the site from 09/01/2019
4.2. Good afternoon, Olga! There is no need to pay anyone anything. All proceedings are carried out only in court.

Lawyer Kochetkov A.V., 5971 answers, 3585 reviews, on the site since 04/24/2018
4.3. When the SID expires, don’t pay anything, let them go to court.
I recommend not having any communication with debt collectors at all.
Give them a request to refuse to interact.

The second and third articles discuss disputes with VTB and Vostochny Bank. In the near future I will publish the case regarding Sberbank.

"How to win a lawsuit against a bank over a loan - a case for 5.6 million rubles."

"How to cancel a court decision in a case of debt collection under a loan agreement"

14. In January 2018, she was declared bankrupt. And so, on September 13, 2019, I received a letter from the magistrate: to collect 20,000 and 400 rubles from me. duties in favor of the collection agency from VTB, for the period from November 21, 2013 to August 6, 2015.
Question 1: is this legal?
Question 2: if the order is dated September 2, and the letter is received on September 13, then from what date should the 10 days be counted? So what should I do?

Lawyer Maksimov S. A., 103 answers, 103 reviews, on the site from 02.09.2019
14.1. Hello, Elena

Your deadline for filing an objection to the execution of a court order begins on September 14, 2019; the day you receive the letter is not included in the deadline.

According to clause 3. Art. 213.7 of the Bankruptcy Law, the procedure for including the information specified in paragraph 2 of this article in the Unified Federal Register of Bankruptcy Information is established by the regulatory body. Creditors and third parties, including credit organizations in which a bank account and (or) bank deposit (deposit) of a debtor citizen are opened, are considered notified of the publication of the information specified in paragraph 2 of this article after five working days from the date of inclusion of such information to the Unified Federal Register of Bankruptcy Information

The Magistrate's Court was also notified and issued a court order.

The creditor had the right to be included in the register of claims... they were not included...

Attach the ruling of the Arbitration Court to the objection so that the magistrate can think easier when canceling the joint venture, although a simple objection is sufficient.

14.2. Cancel the order, there are 10 days from the date of receipt.

15. I have a question. I have a debt for more than three years in UBRIR bank, a salary card from VTB bank. Will they withdraw money from my VTB Bank salary card for debt to UBRIR? The current account of the company where I work is in UBRIR Bank, but my salary is transferred to VTB Bank.
The bank did not go to court. The bailiffs don't have my file. The debt has been transferred to a collection agency.

Lawyer Kovresov-Kokhan K.N., 11275 answers, 5008 reviews, on the site from 03/17/2019
15.1. Debt can only be collected by court decision.

Lawyer Kozlov S.S., 2571 answers, 1447 reviews, on the site from 05/02/2019
15.2. Hello! When was the last time you made a payment to UBRIR Bank for your debt? If it was more than 3 years ago, then don’t pay them. Banks cannot withdraw money from you on their own initiative, only by going to court. And here we need to clearly monitor whether there have been such appeals to the court. On the court website, at the post office. Please note that if you do not receive a letter in the mail with notice of the court hearing within 7 days from the date of its receipt, you are considered to have been properly notified of the consideration of the case. For other questions, please contact any lawyers for a fee.

Lawyer Vorobiev O. A., 1355 answers, 814 reviews, on the site since 12/10/2018
15.3. Good afternoon
If there is a court decision, the bailiffs will seize all your accounts, regardless of which bank they are located in.

Good luck and all the best!

16. We are suing VTB Bank regarding the imposed insurance of IC "VTB Insurance", we lost the court of 1st instance, because the cooling-off period has expired (as stated in the decision), we have filed an appeal and are waiting for the trial, and if it is denied, then where then serve?

Lawyer Popov A. O., 1296 answers, 774 reviews, on the site from 09/05/2014
16.1. You should appeal the court's decision in cassation to the regional court.

Lawyer Karavaitseva E.A., 57747 answers, 27405 reviews, on the site from 03/01/2012
16.2. To the cassation instance - to the presidium of the regional court.

Lawyer Akimova A.G., 14636 answers, 6815 reviews, on the site from 07/22/2016
16.3. Then you can file a cassation appeal in the same court in which the appeal was heard. Duration: 6 months from the date the decision comes into force.
Then you can file a cassation appeal to the Supreme Court.

Lawyer Kiseleva O.G., 4592 replies, 2087 reviews, on the site since 10.29.2013
16.4. Hello Victor!
Specify the reasons why you are trying to return the insurance. If you initially chose the wrong position, then it makes sense to file a cassation.

Federal Law of July 16, 1998 N 102-FZ (as amended on August 2, 2019) “On mortgage (real estate pledge)” (as amended and supplemented, entered into force on August 2, 2019)
Article 9. Contents of the mortgage agreement

1. The mortgage agreement must indicate the subject of the mortgage, its valuation, essence, size and deadline for fulfilling the obligation secured by the mortgage.
1.1. The parties may provide in the mortgage agreement a condition on the possibility of foreclosure on the mortgaged property out of court and (or) the methods and procedure for the sale of the pledged property when foreclosure on the subject of the mortgage by a court decision.
If a mortgage arises by force of law, the parties have the right to provide in the agreement a condition on the methods and procedure for the sale of the pledged property when foreclosure on the subject of the mortgage by a court decision. The rules on form and state registration established by federal law for a mortgage agreement apply to this agreement.

(clause 1.1 introduced by Federal Law dated December 6, 2011 N 405-FZ)
2. The subject of the mortgage is determined in the agreement by indicating its name, location and a description sufficient to identify this subject.
The mortgage agreement must indicate the right by virtue of which the property that is the subject of the mortgage belongs to the mortgagor, and the name of the body that registered this right of the mortgagor.
(as amended by Federal Laws dated December 30, 2004 N 216-FZ, dated July 3, 2016 N 361-FZ, dated November 25, 2017 N 328-FZ)
(see text in the previous edition)
If the subject of the mortgage is a leasehold right owned by the mortgagor, the leased property must be defined in the mortgage agreement in the same way as if it were itself the subject of the mortgage, and the lease term must be indicated.
3. The valuation of the subject of the mortgage is determined in accordance with the legislation of the Russian Federation by agreement between the mortgagor and the mortgagee in compliance with the requirements of Article 67 of this Federal Law when mortgaging a land plot and is indicated in the mortgage agreement in monetary terms.
When mortgaging state and municipal property, its assessment is carried out in accordance with the requirements established by federal law, or in the manner prescribed by it.
The paragraph has been deleted. - Federal Law of November 9, 2001 N 143-FZ.
(see text in the previous edition)
In the case of a pledge of unfinished real estate that is in state or municipal ownership, the market value of this property is assessed.
(paragraph introduced by Federal Law dated November 9, 2001 N 143-FZ)
4. The obligation secured by a mortgage must be named in the mortgage agreement, indicating its amount, the basis for its occurrence and the deadline for fulfillment. If the amount of the obligation secured by the mortgage is subject to determination in the future, the mortgage agreement must indicate the procedure and other necessary conditions for its determination.
(as amended by Federal Law dated November 25, 2017 N 328-FZ)
(see text in the previous edition)
5. If the obligation secured by a mortgage is subject to execution in parts, the mortgage agreement must indicate the terms (frequency) of the relevant payments and their amounts or conditions allowing these amounts to be determined.
6. If the rights of the mortgagee in accordance with Article 13 of this Federal Law are certified by a mortgage, this is indicated in the mortgage agreement, with the exception of cases of issuance of a mortgage under a mortgage by force of law.
(as amended by Federal Law No. 18-FZ dated 11.02.2002)
(see text in the previous edition)

20. 02.09.2018 there was a call from the number +7499113398 and introduced herself as Svetlana Andreevna Bakiyeva, an employee of the Moscow prosecutor’s office. She called the number to contact her +74957998890. She spoke about the decision of the Basmanny Court of Moscow No. 4615/18 dated October 20, 2018 on compensation for monetary compensation. She announced the amount of 580 thousand rubles. She said that these finances are handled by an employee of VTB Bank 24, Oksana Nikolaevna Davydova. Gave her coordinates +74957901897. Who are these people? Is this a scam? If this is reality, then how can this amount be transferred to a children's fund for children with cancer?

Lawyer Karavaitseva E.A., 57747 answers, 27405 reviews, on the site from 03/01/2012
20.1. This is a common scam.

24. Please tell me, VTB 24 bank, withdrew all the money from my salary card, when I called the operator, she told me that I was overdue on the loan for two years, yes, it really was, I told her, and she gave me a phone number like the security officer who handled my loan case and who blocked the card, when I contacted him, he told me that I had a very large interest rate for two years of not paying the principal and this money was used to pay off part of the interest, like the computer automatically wrote them off as they refer , there was no court decision, no letters came to me, I explained to them this way. Please tell me, I have a small dependent child and I work alone, my wife is on maternity leave, what should I do right in such a situation, what can I do so that at least part of the money is returned to the card?

Lawyer Stepanov A. E., 35394 answers, 23838 reviews, on the site from 07/21/2017
24.1. In your case, you need to write a complaint to the bank itself and right now complaints on the website of the Central Bank of the Russian Federation and in the electronic reception of the prosecutor's office of your city.
Sincerely.

Lawyer Khamitova N.V., 1055 answers, 652 reviews, on the site from 03/12/2018
24.2. Get an extended bank account statement so that you can see the basis for writing off money (how much, based on what document
and to whom it is transferred). If this is a court order, then it urgently needs to be canceled through the court, and if it is an enforcement proceeding, then you need to contact the bailiffs with an application for the return of 50% of the money to the salary card.

28. VTB 24 Bank is going to sue me for payment of a penalty of 700,000 rubles. for consumer credit. Previously, I had an oral agreement with a bank employee that if I repaid the principal and interest, the bank would write off the penalty. I paid off the main debt and after that they did not remove the penalty and are demanding payment. What should I do in this situation? Is it possible to completely cancel the penalty through the court?

Lawyer Matvienko O. G., 5882 answers, 3566 reviews, on the site from 07/01/2017
28.1. Hello! Unfortunately, Natalya Arkadyevna, words cannot be applied to deeds. At the same time, the penalty can be reduced in court on the basis of the norms of the Civil Code of the Russian Federation; for this it is necessary to correctly formulate and submit a written objection in the legal process. Seek legal support if necessary.

Lawyer Tsekher G.Ya., 15628 answers, 4799 reviews, on the site since 08/29/2002
28.2. Is it possible to completely cancel the penalty through the court?
PLENATURE OF THE SUPREME COURT OF THE RUSSIAN FEDERATION

ABOUT APPLICATION
BY THE COURTS SOME PROVISIONS OF THE RUSSIAN CIVIL CODE
FEDERATION ON LIABILITY FOR VIOLATION OF OBLIGATIONS
75. When assessing the proportionality of the penalty to the consequences of breach of obligation, it is necessary to take into account that no one has the right to take advantage of their illegal behavior, and also that the unlawful use of other people’s funds should not be more profitable for the debtor than the conditions for lawful use (paragraphs 3, 4 Article 1 of the Civil Code of the Russian Federation).
Evidence of the validity of the amount of the penalty can serve, in particular, data on the average fee for short-term loans to replenish working capital issued by credit institutions to persons engaged in entrepreneurial activities, or fees for short-term loans issued to individuals at the location of the creditor during the period of violation of the obligation , as well as inflation rates for the corresponding period.
Having established the grounds for reducing the amount of the penalty, the court reduces the amount of the penalty.

Law firm LLC "Legal Bureau "Zashchitnik", 4932 answers, 3023 reviews, on the site since 12/02/2016
28.3. The court will not write off the penalty completely, only to a reasonable extent and only if you declare this in court. But most likely the balance of your obligations is not a penalty, but just the principal debt and interest for use, since by paying the debt in the first place you paid penalties and fines.

Lawyer Erkhov V.G., 21971 answers, 6819 reviews, on the site since 02/04/2013
28.4. Ask the court to apply Article 333 of the Civil Code of the Russian Federation and significantly reduce the amount of penalties and fines.

Lawyer Vasyukov E. A., 834 answers, 553 reviews, on the site from 01/17/2019
28.5. What kind of penalty is penalty interest? If it weren’t for VTB (Sberbank, Gazprom, Pochtabank), then most of this penalty would have been written off. As for VTB, some part can be recaptured (I think 50 percent).
In any case, you still have no choice but to wait for the summons and the claim from the court. Get it and you will think. Look for a specialist to help in advance. Good luck.

Lawyer Voronchikhin D. A., 7230 answers, 4632 reviews, on the site from 11/14/2018
28.6. Oral promises, especially from banks, should not be trusted. It will not be possible to completely remove it, it is possible to reduce it, by how much it depends on how you correctly write the objections in court to the claim and from the judge, you can significantly reduce it, so don’t pay it before the trial, the court will set the final amount, pay there.

29. VTB Bank sold my loan agreement to collectors (after my application for restructuring to reduce interest on the loan). Naturally, after this I stopped paying interest. Three years later, the bailiffs ordered me to pay the debt by a unilateral court decision to these collectors, but with an amount of 40 thousand rubles more. Is the above action legal? bank, court and bailiffs? Currently, I am a group 3 disabled person and this is my only income; I can’t imagine how to pay off the loan debt with this meager pension.

Lawyer Astsatryan N.V., 41,725 answers, 23,573 reviews, on the site since November 24, 2016
29.1. It is legal if it is provided for in the contract itself.

Lawyer Karavaitseva E.A., 57747 answers, 27405 reviews, on the site from 03/01/2012
29.2. You had to present your objections in court. If the court decision has entered into legal force, it is not obligatory for execution by virtue of Art. 13 Code of Civil Procedure of the Russian Federation.

Lawyer Kukovyakin V.N., 10320 answers, 6739 reviews, on the site from 11/16/2017
29.3. Hello, Igor Viktorovich!
Whether it is legal or not is difficult to say without having the decision itself in front of your eyes. However, given that it has already entered into force, it will be quite difficult to cancel it. Please clarify one more thing: is this a decision or a court order?

Lawyer Soldat S.V., 3997 answers, 2687 reviews, on the site from 01/22/2018
29.4. Hello Igor Viktorovich! To cancel a court order that has entered into force, it is necessary to send to the court that issued the order a petition to restore the deadline for filing an objection regarding the execution of the court order and an objection regarding the execution of the order. The petition can refer to a violation of the rules for the provision of postal services, as well as indicate the reasons why the judge had no reason to issue an order, there are many of them. Then the order will be cancelled.

After the court order is canceled, you can send an application to the court to reverse the execution of the court order to return the funds withheld from you.

30. In 2014, there was a minor accident, the lawyer took a power of attorney, gave me cash for repairs, then in court he collected money from the insurance company, and apparently considering that it was not enough... the second time the same amount in enforcement proceedings. Bailiffs, on my behalf through VTB Bank. The insurance company filed a claim against me in 2019 for illegal enrichment (two times the same amount), I objected to the court and brought in a lawyer as a co-defendant, the court did not find a lawyer. Yesterday the judge gave me a summons to my lawyer and a court ruling. Statements of claim, default judgment and says that if I don’t find him by August 22, he will collect money from me... And if I don’t find him, how to look for him?.. or he refuses to sign the summons, what should I do?

Lawyer Akutina Yu. V., 169 answers, 89 reviews, on the site from 07/12/2019
30.1. Hello! You can contact the police with a statement to attract this person under Art. 159 of the Criminal Code of the Russian Federation - fraud.

Law firm LLC "Helios", 12588 answers, 7097 reviews, on the site from 03/01/2019
30.2. Hello! You need to look for a lawyer through the Bar Association.

Lawyer Voronchikhin D. A., 7230 answers, 4632 reviews, on the site from 11/14/2018
30.3. Do you have a power of attorney from this lawyer? Did you ask the notary chamber for a copy of the power of attorney? Did the bailiffs ask who submitted the application and to whose account the money went? Did they ask the court to make a request about the place of residence of this person, did they carry out at least some work on the claim? Or is it all just words? Previously, you had to do something, but now it will be problematic; you can later file a claim with a lawyer on the basis of this decision. You just need to find all the documents, otherwise they will also refuse.