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Is it possible to return the insurance premium on the loan. How and when can I return the insurance on the loan

At the time of early repayment of the loan, you have the right to partially return the insurance paid in advance. You will learn about the calculation of the amount of payment and the nuances of the return of insurance payments from the article.

How to pay off a loan early

You have the right to partially or completely repay the debt. In any case, this will reduce your financial burden and reduce the amount of overpayments. If you repay the debt in full, the bank will terminate the loan agreement, relieving you of any obligations. In case of partial repayment, the creditor will recalculate the payment schedule, the amount of debt will decrease.

In case of early repayment of the loan, you will need:

  1. Examine the terms of the loan agreement regarding the return of borrowed funds. Often banks require you to notify them of such an intention in advance.
  2. Visit a bank branch and draw up an application in duplicate, indicating the date of repayment of the loan and the amount. One copy should be given to the employee. On the second, yours, you must put a mark on the receipt of the document.
  3. At the specified time, contact the bank and deposit to the credit account required amount. With full repayment, check the balance of the debt with a specialist.
  4. In case of partial repayment, demand a recalculated payment schedule. It must be drawn up as an additional agreement and signed by the creditor.
  5. When returning the entire amount, ask the bank for a certificate of closing a credit account.

How to return insurance in case of early repayment

If in the process of obtaining a loan you bought insurance, then you should try to return the funds deposited in advance. After full repayment of the loan, contact the insurance company with the following documents:

  • a photocopy of the loan agreement;
  • passport;
  • a certificate from the creditor on the full repayment of the debt;
  • an application made in the name of the director of the company, on the premature termination of the insurance policy and the return of part of the insurance premium.

Please note that the agency has the right not to return the money if the borrower repays the loan ahead of time, when other options are not specified in the contract. Therefore, if you receive a refusal, look for a competent lawyer. It can exploit some loopholes by referring to:

  • on the wording of the loan agreement, which states that the insurance contract is concluded for the duration of the loan;
  • on the fact that the risks of insured event missing;
  • on the imposition of insurance by the bank, etc.

If the actions of a lawyer do not give a result, you have the right to go to court. You can increase the chances of success by studying the terms of the insurance contract when obtaining a loan. Check that the procedure for the return of the premium is described in detail in the rules.

How insurance is calculated for early repayment of a loan

The sum insured is calculated according to two schemes:

  1. On the balance of the loan - the level of insurance is reduced annually.
  2. On full size loan – the premium does not depend on the residual amount.

It is convenient to consider the calculation of insurance compensation using an example: you have issued a loan in the amount of 200 thousand rubles. for a period of 5 years. The annual insurance premium is 1%.

1. The first method of calculation.

When applying for a loan, they took 6880 rubles from you. as an insurance premium. By distributing this amount over the years in relation to the balance of credit debt, you will receive:



If you repaid the loan for 2 years, then the insurer must pay you compensation for the remaining period: 1440 + 1060 + 620 = 3120 rubles.

2. The second method of calculation.

  • When applying for a loan, they took insurance from you in the amount of 200,000 * 1% * 5 years = 10,000 rubles.
  • You paid off your debt in 2 years and 5 months.
  • The amount of the insurance to be returned will be 10,000 / 60 months * 31 months = 5167 rubles.

When issuing loans, banks try to minimize their risks by offering customers to purchase insurance. But at the same time, the amount of debt of the borrower increases. Does it make sense to take out insurance at all? Is insurance mandatory and how to return the loan insurance after receiving it?

When concluding a loan agreement, bank employees insist that insurance is beneficial to the client himself. After all, in the event of force majeure, the insurance company will be able to help the borrower repay the loan. This is especially true for loans issued for long terms- 10 - 15 years (primarily mortgage). During this time, anything can really happen. What situations are considered as insured events?

  • dismissal from a permanent job;
  • threat to the life of the borrower;
  • deterioration in health, entailing disability (temporary or permanent);
  • loss of property rights;
  • natural disasters and natural disasters.

The above situations may or may not occur, but for sure, with the purchase of insurance, the amount that the client will have to pay increases. This is a rather serious disadvantage for borrowers who are trying to find the best optimal conditions lending.

But insurance is very beneficial for the banks themselves. For the bank, insurance is a guarantee of compensation in case of non-payment of loan funds by the borrower. Depending on the terms of the contract, in the event of an insured event, the bank is reimbursed for losses in the amount of 50 to 90% of the unpaid funds. This explains the active imposition of insurance when obtaining a loan.

Can I opt out of insurance?

Bank employees will always be interested in selling insurance products to customers. However, is it necessary to purchase insurance when obtaining a loan?

In accordance with Art. 935 of the Civil Code of the Russian Federation (as amended on March 28, 2017), a citizen cannot be forced to insure his life or health. Thus, the client has the right to refuse insurance for possible disability in case of dismissal or deterioration in health.

It is also not necessary to insure your property, except when it is in state or municipal ownership. However, Article 931 of the Civil Code of the Russian Federation defines insurance of collateral property (apartment, car, etc.) as mandatory, because. it is considered that in case of its loss or damage, the bank is harmed.

It must be understood that even when the law allows you to refuse compulsory insurance, banks will try to maintain their profit.

You may either be denied a loan, or they will change the loan product, instead making an offer with a higher interest rate. At the same time, the amount of overpayment on the loan grows so much that the purchase of insurance may seem more profitable (we choose the lesser of two evils).

The way out of the situation may be to refuse insurance after receiving a loan.

How to get credit insurance back

Is it possible to return the insurance on the loan immediately after receiving it? Yes, you can, and you need to act quickly while the cooling period is in effect.

Return of insurance immediately after receiving a loan

According to Bank of Russia Ordinance No. 3854-U, which entered into force in June 2016, the borrower can be paid the funds spent on imposed insurance if he applies with a corresponding application during the cooling period - within 5 business days from the date of signing the insurance contract (the condition will be absence of insured events during this time).

When a borrower applies for specified dates, he is obliged to return the amount of the contribution within ten days.

In practice, payment deadlines are often violated. However, with some perseverance, you can still get your money back.

The nuances should be taken into account: the full insurance premium can be returned only when the insurance contract is not yet valid at the time of application.

The terms of the contracts are different - sometimes they begin to operate immediately after signing, and sometimes after a few days. In the event that the contract is already in force, part of the amount will be withheld.

The application itself is made in free form. It is necessary to provide the following data:

  • passport ID;
  • residential address;
  • telephone;
  • number and date of conclusion of the insurance contract.

In addition, you need to specify the details of your bank account to receive money. The contract itself, as well as a receipt for payment, must also be attached.

There are two submission options:

  1. Personally submit to the insurance company. Be sure to get your copy with a note that the documents were accepted on such and such a date.
  2. Send documents by registered mail with an inventory. It doesn't matter how long the letter will take to reach the addressee, because the stamp of departure is important.

What is the difficulty

You need to be prepared for the fact that with personal contact, you may encounter negative attitude employees of the insurance company and the bank who do not want to lose their benefits (including commissions). Also remember that it is best to give or mail copies of documents, keeping the originals for yourself so that they are not “accidentally” lost.

In the event that the bank refuses to return the funds, even though the deadlines for submitting the application have been met, you can write a pre-trial claim to the bank. In it, you can threaten that you are ready to file a complaint with the Central Bank of the Russian Federation, and subsequently to the court. Most likely, the matter will be limited to this, you will be returned the money and you will not have to go further.

When the cooling period does not work

It should be emphasized that the possibility of returning the funds within five days applies to the return of consumer credit insurance, as well as the return of money for the imposed insurance of possible damage to life and health (it is voluntary). However, there are also mandatory types of insurance.

Thus, the cooling period cannot be applied to CASCO - vehicle insurance. In addition, according to Article 31 of Law No. 102-FZ, it is impossible to refuse insurance of pledged property when concluding a mortgage agreement - it is also mandatory.

Another nuance may be hidden in the contract, which should be read very carefully. Of course, the legally prescribed possibility of returning insurance is not profitable for banks.

Therefore, the banks found a loophole in the law and their own way to get around the Instruction and came up with a collective insurance program.

When you sign a contract that includes a clause about joining the group insurance program, you will no longer be able to return the insurance. The insured, according to this program, will not be you, but the bank. And he may not return the insurance premium.

This becomes possible because this Instruction applies to contractual relations between insurance companies and individuals.

The bank, in turn, is entity and the Ordinance cannot regulate its activities. Be vigilant and carefully check all the clauses of the contract that you sign.

Can insurance be refunded after the cooling off period?

If the loan was taken more than five days ago, you can still try to contact your bank with an application to waive insurance. Some banks go to meet customers. However, not all institutions are so loyal. And then the claims are practically useless, because. the law assumes that you voluntarily signed the contract.

You can try to go to court and use the help of lawyers, but keep in mind that all legal costs in this case will fall on your shoulders. Therefore, it is necessary to calculate whether the game is worth the candle. You may end up spending more than you can possibly get in the end.

Whatever decision you make, do not worry about whether the return of insurance will affect your credit history. It will not take into account data on insurance payments or their return, as well as cases of litigation on this issue.

Return of insurance after loan repayment

Is the insurance refunded when the loan is repaid? No, even after the full repayment of borrowed funds, the insurance is not paid. An exception can be only if it is written in the contract itself.

However, the return of part of the insurance on the loan is possible - in case of its early repayment. The bottom line is to prove that the insured event will not occur, because. all borrowed funds have already been returned.

In the Russian judicial practice There are positive solutions for the return of insurance in case of early repayment of the loan. This is explained by the fact that there is no longer a risk of non-payment of credit funds, therefore, the insurance risk is terminated. And this means that the client has the right to demand the return of part of the insurance.

It is highly desirable that all this be taken into account in the insurance contract in advance. There are many offers from various insurance companies on the market, you always have the opportunity to choose the most best option with a clause that allows you to return part of the insurance in case of early repayment of the loan.

  1. Try to check the contract very carefully when you sign it. In the event that you do not understand something, be sure to clarify the information - this is in your interest.
  2. Refusing insurance, compare the initial rate of the proposed loan and the final rate, which in the end will be offered to you Bank employee. The rate should not go up.
  3. If you agree to insurance, then make sure that it is you, and not the bank, who is the insured in the contract. Otherwise, you will automatically become a member of the collective insurance program and you will not be able to return the insurance.
  4. Make sure that the contract contains the possibility of a partial refund of insurance funds in case of early repayment of the loan.
  5. If you have decided that you do not need insurance, follow the terms for waiving it - five working days from the date of conclusion of the agreement.
  6. Don't give up if you don't get results right away. Threaten with a complaint to the Central Bank of the Russian Federation and litigation. When the law prescribes your right to return the money, banks must obey it.

And most importantly - remember: you have not only duties, but also rights, always stand up for them.

Greetings! Alas, this week began with a confrontation with the vicissitudes of fate. On Monday evening, I got stuck in front of the outer door of my apartment - something stuck in the lock, and I could not open it on my own. Fortunately, I did not put out the business card of a door opener from my purse. The called master did not interfere with communication with me to fulfill his duties, so we got into a conversation, touching, among other things, on the topic of lending.

The master recently paid off his loan obligations. But no one informed him that it was possible to recoup the cost of insurance on a loan by issuing a refund.

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

In order to evade the payment of the insurance premium to customers who decide to repay the loan ahead of schedule, banks and credit companies are guided by Art. 958 of the Civil Code of the Russian Federation, clause 3. Following it, the bank has the right not to pay the insurance premium with persons who paid the loan earlier than planned, if there is no special clause in the contract for this 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 of the creditors who settled with the borrower earlier than the agreed period do not return the funds.

What to do?

Contact the insurance company to file a statement of desire to terminate your participation in the insurance program. Do not forget to take documents confirming the repayment of the loan.

Often, banks advertise that they do not force those who want to get a loan to insure their own life and resort to such a measure only with clients who intend to take out a mortgage or buy a car.

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

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

Those who apply later can also receive an insurance premium, however, its size 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 really possible to get credit insurance back?

Expecting to get a loan, the borrower is forced to agree to the registration of insurance.

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

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

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

The company indicates the lack of connection between the loan agreement and the insurance agreement as the reason for the refusal to return the funds. Therefore, the repayment of the loan, according to insurers, does not affect the mechanism for the return of insurance.

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, retention.

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

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

The probability of winning a lawsuit is high due to the possibility of recognizing forced insurance contracts as adhesion contracts.

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

There is article 428 in the Civil Code of the Russian Federation. 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 do otherwise;
  • only responsible for the breach 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 obviously burdensome terms that were voiced, guided by its own interest, but would not agree to them if it could participate in determining the scope of the terms of the contract.

It is preferable for the client to apply to the 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 balance of the premium for the unused period.

Usually, the following format of drawing up an insurance contract with a borrower is practiced: the client signs a standard form that lists the rules for providing insurance services, and at the same time is not able to influence the terms of the contract. When expressing some protests, the client is confronted with a fact: either the borrower accepts the conditions and signs the contract, 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, paragraph 3 and the conditions of paragraph 2 of Art. 428 of the Civil Code of the Russian Federation it became possible to apply when considering contracts that cannot be classified as adhesion contracts. This amendment allows you 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 taking on credit, contracts for insurance of property indicated as pledged property. It turns out that now, when paying the bank the entire amount received on the loan, the borrower has the right to demand adjustments to the insurance or even terminate it with the condition that the company must pay the unused part of the premium.

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

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

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

D for review: 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 subjected to pressure when signing contracts. By law (Article 31 of the Law of the Russian Federation of July 16, 1998 No. 102-FZ) compulsory insurance only the property pledged by the mortgagor when registering a mortgage is subject to.

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

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

Step-by-step instruction

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

If the contract with the organization or company that judged the money, the organization or the company that insured this transaction states that the client will not receive the unused part of the insurance when paying for 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 inform the institution and try to resolve the dispute without a trial.

We go to the institution where they wrote the insurance contract.

We are writing a claim (perhaps in “your” case the document will be called a statement) demanding recalculation and return of the due part of the insurance premiums, since you closed the loan earlier than planned. We make a copy of the document, then we turn to the operator and demand registration with a mandatory note on the letter that we leave to ourselves

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

The nuances of such a document:

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

While waiting for a response, get a statement on your personal account. It will indicate all receipts of money from you to the bank or insurance address.

2. We visit the controlling authority.

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

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

3. We apply to the court

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

As you take this step, keep the following in mind:

  • litigation can last several months;
  • claims for an amount less than 50 thousand rubles. deals with the world court;
  • court fees can be higher than the amount of the returned insurance (you can insist that your defendant pay the court fees, but it is up to the court to decide who will pay this bill).

Before going to court, be sure to prepare a package of documents that includes:

  • Statement of claim;
  • loan agreement;
  • insurance contract;
  • Receipts and other official papers confirming the fulfillment of your credit obligations;
  • Calculation of the amount of the claim;
  • Application to the bank;
  • Document of notification of delivery to the bank of a letter from you;
  • 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. The legislation of the Russian Federation allocates 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 the issue of insurance during the lending period in the video:

Car loan and mortgage

When applying for a car loan, a mortgage, one 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 it becomes the sole owner of the collateral object.

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

In theory, termination of insurance should be automatic. But if there is not a word about this in the contract, and you made payments monthly, then by stopping transferring accruals, you may be accused of delays and receive penalties and interest.

Consumer credit and insurance

According to the law of the Russian Federation, banks should not force borrowers to agree to an insurance policy. But does everyone who wants to take a loan know about it? What financial and credit companies use.

Often, clients superficially look through the terms of loan agreements and sign documents, thinking that everything written is binding. But even when signing the insurance, you can “turn it back” by issuing a refusal statement at the bank or insurance company.

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

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

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

Before initiating a claim process officials Read the terms and conditions of your loan agreement carefully. If the paper indicates that the return of insurance or part of it in case of early payment of the loan is impossible, then it is pointless to start a lawsuit. The court will side with your defendant.

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

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

When the insurance period is not over, and the loan is paid off ahead of schedule, borrowers can count on the return of the balance. They must be paid after submitting an appropriate application to the insurers.

If, under the terms of the contract, the borrower made regular contributions, then having settled 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 the occurrence of penalties for late payment and new expenses.

We return insurance on a loan from Sberbank

Borrowers who apply for a refund of the insurance premium within 30 days from the date of signing the loan agreement 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 was issued, a part of the insurance is paid.

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

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

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

Return of insurance in 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 a loan from a bank, be prepared for periodic educational operations by bank operators who will actively offer you new insurance products.

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

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

The need for insurance

Banks most often lend money for consumer needs, for mortgages or car loans. In each case, the insurance program will be different.

It is not necessary to insure health, life, availability of a workplace when applying for a mortgage.

For example, mortgage arrangers cannot avoid insurance:

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

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

After taking out insurance together with obtaining a loan, which you subsequently paid off ahead of schedule, you want to know how to get back the percentage or 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 larger year, then it makes sense to contact the bank to deduct part of the insurance payments. In Home Bank, the factor of the duration of payments on a loan for consumer needs does not matter. Upon receipt of an application from a client who wants to receive money back for insurance, managers will recommend contacting insurers.

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

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

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

Is it possible to return insurance before paying off the loan?

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

It is no secret that many borrowers agree to insure because of the fear of not getting permission from the bank to issue loans. After all, not everyone who comes for financial assistance on a loan knows that refusing insurance is not a reason to refuse a loan. People even discuss with managers the issue of refusing insurance, fearing to be included in the list of unreliable clients.

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

Caught in such circumstances, it is better to notify the unwillingness to pay insurance premiums after receiving the body of the loan. After borrowing money from the bank, after a few days, apply for a waiver of insurance. Then you can count on the return of all insurance. If you file claims after a period longer than a month, then you will not see payments. Just make it official. The decision to simply not pay insurance premiums will result in a substantial amount of debt. A successful outcome of the "petition" for payment of insurance, filed no later than 30 days from the date of registration of the loan, is possible for customers 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 the insurance and the loan, you can count on at least part of the payments from insurance premiums only to those who repaid the loan ahead of schedule .

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

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

If, when applying for a loan, the body of insurance was paid at a time, those who paid 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 day the insurance policy expires. It is required to visit the insurance company and submit a statement of desire to receive the remainder of the insurance premium. In addition to a written claim for payment, you will need to have a passport, both agreements (credit and insurance) with you. Be sure to make a copy of the claim with a note of registration.

When submitting a claim, please indicate:

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

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

If the insurers refuse to return the payment for the period from the day the loan is repaid to the day the insurance contract expires, go to court. But keep in mind that court cases incur costs - is it worth it to fight for insurance payment if the amount of remuneration exceeds the costs of paying court services.

The bank has been given a month to resolve the issue. If you do not receive a result after this period, you can apply to the court.

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

Algorithm of actions for payers of the monthly insurance premium.

Equal insurance payments over the entire term of the loan 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 break 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.

If you did not dare or could not refuse life insurance when you took out a loan, you can use it to your advantage when you decide to pay off your loan obligations ahead of schedule. This can be done by changing the beneficiary, indicating the full payment of the loan as the basis.

Pay off your loan early - 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 at the expense of credit money. Then life circumstances developed in such a way that the client found an opportunity to repay the loan ahead of schedule.

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

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

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

What should be in the contract:

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

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

Pleased with the fact that the state fee for such cases is not charged, and the lawsuit for the protection of consumer rights is conducted in the court of the district where the plaintiff lives.

Some insurers may delay payments. How to proceed in such a case? Unfortunately, I own a small volume useful information on lawsuits against insurance companies conducting fraud with insurance payments to customers who repaid loans ahead of schedule. But even theoretical calculations cannot be ignored if they help to win in court against an insurance company.

Thus, having decided to protect your interests, you will not incur additional costs even if you lose the case. However, do not think that the chances of winning the process are small. On the contrary, they are 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: it is permissible to terminate a contract that has entered into force if there is no possibility of an insured event occurring due to circumstances not described as an insured event. Early repayment of the loan is such a circumstance.

According to the legislation (more precisely, clause 3. 958 of the Civil Code of the Russian Federation), the borrower who repaid the loan ahead of schedule has the right to receive part of the insurance in proportion to the period during which the insurance contract was in force. In other words, the company retains part of the funds for the payment, and returns part to the insurance payer. In favor of the payer, paragraph 7 of Art. 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 the amount in the amount of the insurance reserve on the day of termination of the contract. Therefore, any borrower has the right to count on the payment of funds that cannot be accrued to the insurance company due to the termination of the contract with it.

What is said about this in the Letter No. 03-04-05 / 4-420 from the Ministry of Finance of the Russian Federation, published on May 8, 2013. Following the instructions in this letter, credit organizations are obliged to return to insured persons a certain percentage of unspent insurance amounts , after subtracting the amount calculated for the duration of the insurance

What pleases no less is the lack of tax fees for trying to prove one's case in the confrontation with an unscrupulous insurance company.

However, everything prescribed in legal regulations will not be possible to use in favor of the borrower if the insurance contract certified by him contains rules indicating a prohibition of payments upon early repayment of the loan. If the contract contains such clauses, then after the borrower signs such a document, it is considered (and indeed it is) that by signing you agree to the existing conditions. Therefore, carefully read all the papers to be signed! 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 take part of the insurance from the insurance company. If the contract contains clauses that allow the company not to pay insurance premiums to you in case of early closing of the loan, then it will definitely take advantage of this. It is unprofitable to engage in a duel with insurers under such conditions. You will waste a lot of time and you will be able to win if you find a very dodgy lawyer who will be able to find a gap in the contract. But in some ways, even the most crafty lawyers are not able to sue the percentage of the amount of insurance you want.

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

What points to mention in the statement of claim:

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

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

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

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

If you decide that the insurance company owes you a certain amount, find out the amount of debt. If you need to incur any costs to restore equity, make sure that they are less than your desired portion of the loan insurance. Otherwise, is it worth starting a lawsuit if it will not bring you 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 the termination of the loan is not a basis for paying the rest of the insurance, then you do not have a tool to influence insurers. Unless you prove that the insurance contract was signed under duress by the official company. But last argument it will be useful only in the case when they issued a loan, the issuance of which is possible without signing insurance. For those who took a mortgage, a car loan, this loophole cannot be used.

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

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

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

Legal assistance to debtors - website

Having issued a loan, borrowers often have to agree to insurance. The insurance protects both the interests of the bank and the interests of the borrower. The bank receives a guarantee that in the event of an insured event, the insurance company will pay the compensation. The borrower is guaranteed that in the event of such an event, he will not pay the balance of the loan, which will be repaid by his insurance company.

The period of insurance covers, as a rule, the entire time of payments on the loan, provided for by the contract. But the borrower can repay the loan ahead of schedule. How to deal with insurance in this case and whether it is possible to return part of the paid insurance premium will be discussed in this article.

In most cases, credit insurance is an additional service that the borrower agrees to voluntarily in order to protect himself and his family from unforeseen situations.

Important! For mortgage lending and car loans, insurance of the collateral (apartment, car) is mandatory.

When concluding a loan agreement, the borrower should be interested in what risks he insures and can only agree to the insurance he needs. If the bank imposes insurance that the borrower does not need, he has the right to refuse it.

Important! To substantiate its position, the borrower can refer to the Consumer Rights Protection Law and insist that the bank does not have the right to impose insurance because the borrower applied to the bank for a loan, and not for an insurance policy.

Second important point, which you need to pay attention to when applying for a loan and concluding an insurance contract - is there a condition in the contract on the possibility of returning part of the insurance in case of early repayment of the loan.

Important! If this condition is present in the contract, this is a guarantee that the borrower will be able to return the insurance by contacting the insurance company without litigation.

Return of insurance in case of early repayment of the loan

So, if the borrower repaid the loan ahead of schedule, then you can think about returning part of the insurance for the time that he did not use the loan. But before starting the procedure for returning insurance, you need to realistically assess the prospect. First, you need to decide on the price of the issue, i.e. calculate the amount that the insurance company can return and decide whether it is worth doing. For example, the loan agreement was concluded for 24 months, the insurance was paid at a time and amounted to 10 thousand rubles. At the same time, the loan was repaid in 18 months, which means that the borrower can return the insurance for the remaining six months, and in money terms it will be 2500 r.

Secondly, you need to read the contract and find out if there is a condition in the contract for the return of the insurance premium in case of early repayment of the loan. if this condition does not exist, then highly likely we can say that the insurance company will refuse to pay the borrower and then this dispute can be resolved only in judicial order.

At the same time, the following should also be borne in mind - if the borrower applies to the insurer with an application to terminate the insurance contract and return part of the insurance in connection with the early repayment of the loan, then the insurance company may terminate the contract. But the insurance may not be returned. given condition not in the contract. And in this case, a situation arises in which the insurance contract has ceased to be valid and the borrower is no longer guaranteed the payment of compensation in the event of an insured event.

To avoid such a situation, the borrower may apply not to return the insurance, but to change the beneficiary under the insurance contract. In this case cash payments the borrower does not receive, but the insurance continues to be valid for the entire period for which the contract was concluded, and if an insured event occurs during this period, the insurer will pay compensation not to the bank, but to the borrower.

Loan insurance refund application

To return part of the paid insurance, the borrower must submit an application to the bank and to the insurance company with documents confirming the early repayment of the loan.

Important! The application must indicate that the insurance company sends the borrower a reasoned response to this request in writing.

The insurance company must respond within a month. If the answer is yes, then the borrower needs to provide the bank details of the account to which the insurance company will transfer the funds.

If the insurance company refuses to return the insurance, in this case, the borrower must decide whether he will seek the return of insurance in court.

Important! It is better to assess the chances of returning insurance in court by getting advice from a lawyer.

Insurance return period

The borrower may apply for a refund of the paid part of the insurance premium within the limitation period. This period is 3 years from the day when the borrower repaid the loan ahead of schedule and in connection with this received the right to return the paid part of the insurance. Therefore, if the loan was repaid ahead of schedule by more than three years back, then the borrower will not be able to claim the return of the paid insurance in court. the statute of limitations has passed.

Loan insurance refund law

As a justification for your claims, you can refer to Article 958 of the Civil Code of the Russian Federation, which provides that the insurance contract is terminated before the deadline for which it was concluded, if after its entry into force the possibility of an insured event has disappeared.

These cases include early repayment of the loan, because, for example, if the borrower insured the loss of solvency (due to illness, job loss, disability, etc.), then since the loan is repaid, it means that the possibility of an insured event has disappeared, and the borrower has the right to return part of the paid insurance.

Is it possible to return the insurance if the loan is repaid within the period stipulated by the contract?

Insurance, as a rule, covers the entire period of lending, and if the loan is repaid within the period specified in the contract, the return of the paid insurance premium is generally impossible. In any case, in a pre-trial order, the insurance company will refuse to return the insurance. the insurance contract is terminated due to the performance credit obligation in accordance with the payment schedule.

It is possible to return the paid insurance premium only if the insurance contract is declared invalid in court if there are grounds specified in the law:

  1. if the borrower was intentionally misled;
  2. if the contract was signed under the influence of deceit, violence or the threat of violence;
  3. if the borrower did not understand the meaning of the signed documents due to a mental or other illness;
  4. if the deal is enslaving, i.e. extremely disadvantageous for the borrower, which he was forced to conclude due to difficult life circumstances, which the other party to the contract took advantage of.

But in court, the borrower will have to prove that there really was a circumstance to which he refers. For example, if due to illness he did not understand the meaning of the transaction being made, then you need to provide certificates from medical institution exactly the time period when the contract was concluded.

Insurance today accompanies almost all credit products. Formally, the client insures his risks associated with the object of insurance. In fact, insurance serves as a kind of collateral for a loan, which means that by offering to conclude an insurance contract, the bank, in fact, offers the client to insure the risks of the bank at its own expense due to the inability or refusal of the client to fulfill its obligations under the loan. Today we will tell you how to return the insurance after paying off the loan.

Insurance is useful for all parties to the loan agreement and effective tool protection, perhaps, only for mortgages and car loans. Here, the size of the loan and its term play a significant role. But here on consumer loans in most cases, insurance is openly imposed, often becoming an insurmountable barrier to favorable credit conditions. As a result, the client is forced to agree to sign an insurance contract, but this does not mean at all that at least part of the funds spent on paying for insurance cannot be returned in the future.

How to return insurance after early loan repayment

Early fulfillment of obligations is a legal fact that rightfully allows you to demand from a bank or insurance company:

  1. Recalculation and return of the overpaid amount - with a one-time and full payment of insurance, which usually happens immediately after signing the loan and insurance contracts, in the form of deducting the sum insured from the amount of the loan provided to the client.
  2. Recalculation and termination of the insurance agreement - in case of payment for insurance by annuity or differentiated payments during the term of the loan agreement.

If you have fully paid off the loan and intend to return part of the insurance:

  • Once again, carefully study the loan and insurance contracts, clarifying for yourself the conditions of insurance and the return of insurance. If a return is not provided (not specified in the contract), this does not limit your rights of claim - you will need to be guided by the provisions of the laws. Worse, if the return of insurance is expressly prohibited by the contract. In this case, you formally agreed to such a condition and the consequences associated with it, so you can already prepare to resolve the dispute in court, because no one will voluntarily return the overpaid amounts.
  • Make a calculation of the insurance to be reimbursed. This is not necessary, but it will allow you to make claims more reasonably and clearly understand what the fight is for.
  • Prepare a bank or insurance company - depending on who is the beneficiary (received payments) - an application demanding the recalculation of insurance and the return of the overpaid amount.
  • If the bank (insurance company) refused to return the insurance, you have the right to go to court.

If the insurance premium was paid gradually (together with the repayment of the loan), then the chances of not overpaying too much are much greater. The law (Article 958 of the Civil Code of the Russian Federation) allows the insured to early terminate the insurance contract. True, unless otherwise provided by the contract, everything that has been paid to the insurer up to this point is not refundable. It is this rule that, as a rule, insurers refer to, refusing to return the overpaid amount in situations of full lump-sum payment of the insurance premium when obtaining a loan. The court often takes the side of the insurers, but there are chances to win the process.

Is it possible to return insurance on a loan repaid on time?

If you repaid the loan within the time period stipulated by the loan agreement, but believe that the insurance was imposed by the bank, you can try to return its amount in almost full. In this case, it is pointless to write claims to the bank (insurance company), so you should analyze the facts, documents, evidence and evaluate the judicial prospects of the case.

Possible options:

  1. Demand to invalidate the insurance contract as a whole or its individual provisions (without reference to the fact of imposing this contract as a credit condition). IN this case it is the insurance contract and the circumstances of its conclusion that are analyzed, the grounds for recognizing it as invalid are determined. This option is possible, but in the absence serious grounds, arguments and evidence is practically unpromising.
  2. Demand to invalidate the insurance contract (or its separate clauses) and the loan contract in the part related to insurance. This is a more rational option, but from this it does not become simple. Winning the process is very difficult, especially if everything is correctly formulated in the contracts and you can only find fault with them at a stretch. To increase the chances, it is extremely important to attract a competent lawyer in such cases.

Similar claims can be made in the event that it was not possible to return the insurance on an early repaid loan. Alternatively, you can file a complaint against the bank with Rospotrebnadzor, but it should be understood that this authority cannot force the bank (insurance company) to return the insurance. He only takes administrative measures. The issue will still have to be decided in court.