How to return the insurance after paying off the loan? Return of insurance: tips, recommendations

2024 Author: Howard Calhoun | [email protected]. Last modified: 2023-12-17 10:16

When clients receive a loan from a bank, they are offered to take out insurance. The service reduces the risk of non-return of money. Moreover, it applies to mortgages and consumer loans. When an insured event occurs, the insurance company transfers funds to the bank. These relations are governed by the contract, which spells out the rights and obligations of the parties.

But many customers repay loans early, which eliminates the need for insurance. Not everyone knows how to return credit insurance. This procedure has some features that all bank customers need to consider.

History

In 2009, the Presidium of the Supreme Arbitration Court approved a resolution according to which banking commissions were related to measures that violate consumer rights. For several years, there have been cases on the return of illegally paid money. Banks decided to cancel commissions, whichwere considered important income.

Over time, the rates for lending money have increased. When the Federal Law “On consumer loans” came out, a new problem arose - the imposition of insurance when borrowing funds. Many clients began to submit applications that if they refuse the service, loans are not issued. Moreover, the price of insurance is quite high, and a refund can not be made for every contract.

This increases commissions and customers don't know their rights. Out of fear of being denied credit, people take out insurance. Even if the contract has been concluded, you need to know how to return the loan insurance.

Who needs it?

There is still a need for insurance. Banks receive money back guarantees under different conditions. When an insured event occurs, the insurance company transfers funds to the bank. If the amount exceeds the balance of the debt, then the amount is paid to the debtor. If there is a lack of funds, the bank will withhold money from the client.

Usually, life and he alth insurance is issued. This service is provided to protect the property from adverse factors. They are written into contracts. In the event of an insured event, the client must notify the insurance company so that compensation can be provided. And after the loan is repaid, the return of insurance is carried out according to special rules.

Types of insurance policies

Insurance provides compensation for losses in the event of a client's death or personal injury that causes problemswith the fulfillment of obligations. The service is the most common in the banking sector. In the event of death or injury, the insurer pays the bank the balance of the loan, and the bank is the beneficiary.

Another type of policy is property insurance. It is considered mandatory when applying for a mortgage or buying a vehicle on credit. In case of loss, damage, damage to the acquired property, the insurer pays the loan amount. That is, according to the law, apartment insurance against fires, bays is considered mandatory. But whether to choose insurance in case of death and he alth disorders, the client decides for himself. In this situation, the law is on his side.

Insurance Features

Citizens are not required by law to take out insurance. It turns out that the bank cannot force the service to be issued as mandatory, but the law says that loans are not issued without life insurance. This applies to mortgages and car loans. If the document is issued, payments are transferred constantly, then the question arises, how to return consumer credit insurance?

The beneficiary in this case is the bank. But, as we have already said, if there was a full payment of the debt, then the client can issue a refund. The bank performs the recalculation and transfer of money. The insurer can only receive compensation. Its size is proportional to the validity period of the document.

If there was an early repayment of the loan, is it possible to return the insurance? Yes, in this case a refund is possible. But if the debt is repaiddeadline, then the refund will not work.

The insurance procedure is different in each case. Everything depends on the type of loan. It can be consumer and collateral. In the first case, the life of the client is insured, and in the second - property.

Saving options

From many bank customers you can hear that they were forced to insure the loan. How to return it? In fact, the client can only voluntarily issue. If this still happened, then the price of the service does not need to be included in the loan, since interest will accrue on this amount.

After paying off the loan, the return of insurance is required by law. The client must submit an application, which will be considered by the bank. Please note that funds are not transferred automatically. Only after writing an application, submitting copies of documents and making a decision, the money is paid.

The condition for the transfer of funds is an application. You can return insurance on a Sberbank loan if the client has a disease in which documents cannot be signed. The list of exceptions is in the contract. But before the signatures, medical examinations do not pass, and the client may not know the exceptions, which is why he pays for the services. In such cases, it is necessary to apply for recalculation and compensation of money. But in this case, the client will not be given the full amount, but 87%, since the tax is calculated - 13%.

Insurance at Sberbank

How is the return of insurance after the payment of a loan at Sberbank? The client has the rightrefusal to participate in the loan program. To do this, we repeat, it is necessary to contact the department within a month after the paperwork is completed and write an application.

But is it possible to return the insurance after paying off the loan, if several months have passed? Yes, but then the funds will be transferred to the client minus the costs of registration and taxes. This is about 50% of the first installment. You can also return part of the premium if the loan is paid in full and ahead of schedule.

Before returning consumer credit insurance, you must complete an application in duplicate. At the same time, the client's copies are marked with the date of issue of the document.

Mortgage

How is insurance refunded after a mortgage is paid off? The deposit is considered a guarantee of compensation for damages after the termination of obligations. It is impossible to terminate such a document without repaying the loan.

But a refund occurs in cases where the loan is paid ahead of schedule, and insurance - for the entire period. You need to contact the insurance company and give the following documents:

• statement;
• passport;
• agreement;
• certificate of debt repayment.

Then recalculation is performed, after which the balance is transferred to the client.

Principles of insurance return

The law on the return of insurance after the payment of the loan regulates such issues. There are 2 methods to solve this problem. The first is pre-trial settlement. When the loan is repaid, the return of insurance fundshappens through the company that handled the design. You should not contact the bank. The financial institution is considered an intermediary. For attracting clients, he is paid interest.

After paying off the loan, the insurance is returned to the insurance company. The client needs to write an application in two copies, after which they are registered. If the company is far away, you can send a registered letter. The document must indicate the period during which a response will be expected. Along with this, you must order an extract from your personal account, which indicates how the money was distributed.

And if there was no answer?

If the answer is not received, you need to contact Rospotrebnadzor. It is necessary to send a letter to this organization, attaching a copy of the application, inventory, notification of receipt of the letter. If there is no answer from there, then you should go to court.

Case review can take months. If the price of the issue is up to 50,000 rubles, then you should apply to the world court. Along with the application, you must submit an agreement, loan payments, an insurance agreement, determination of the amount of the claim, an application to an insurance company, a mail notification, a response. You need to calculate the amount of the claim. It is lower than legal costs. You can try to recover through the courts, but this does not always help. Applications are accepted for three years.

If bank employees require consumer credit insurance, they must provide an alternative. Usually it is a program with higher interestand connecting SMS notifications.

Refund under current contract

To make a refund, a pre-trial claim is first filed with a financial institution. It is advisable to use the services of a professional lawyer. Not later than 10 days from receipt of the claim, the bank provides a response. When making a claim, you must read all the documentation for the loan.

If the bank gave a negative answer, it is important to file an application to the court. This procedure is best entrusted to a lawyer. In addition to the court, you must contact Rospotrebnadzor. There may be 2 types of claim: with one, the applicant must be present in court, and with the other, he does not need to appear. The court takes about 3-8 weeks from the date of application.

Insurant bank

There is no insurance company in this scheme. It turns out that the principles of the Civil Code of the Russian Federation do not apply to such contracts. If the loan was paid, then the insurance cannot be returned.

The premium transferred by the financial institution is a payment for additional services. It can be returned upon early repayment. In this case, only the bank can pay a part of the amount to preserve its reputation.

Features

How will the insurance be returned after the loan is paid? You should not deal with this issue on your own - it is better to contact lawyers. Usually, some principles are involved in this. So, it is necessary to focus on the wording in the loan document, which is associated with insurance. The contract indicates that it is valid for the entire period of use of funds. It turns out that if the loanpaid ahead of schedule, then the obligations to the bank are fulfilled.

You can also refer to the fact that there is no risk. The document is drawn up so that with the onset of an insured event, the funds are returned to the bank. If the money was given ahead of schedule, then such protection is not required. By law, an insurance document is valid until the period for which it was issued, or if there are no risks of an insured event. Then the company is obliged to return part of the premium.

Such arguments do not always work on insurance companies. Typically, issues are resolved through the courts. The results are determined by the position of the judge. But the possibility of a refund exists. Insurers, wishing to work with regular customers, enter into the documents clauses on the rules for the return of premiums if the loan is paid ahead of schedule. You also need to remember the insurance rules, which you need to familiarize yourself with in advance.

Court practice

And how to get insurance if the insurance company does not want to accept documents? You need to contact the consumer protection agency. Employees will deal with many issues, as well as defend your interests in court. With this method, after paying off the loan, the insurance will be returned for sure.

In practice, if financial institutions impose additional services on customers, the court decides in favor of the applicant. In loans, the organization is the seller of the service, which offers to issue another document. And so insurance is issued in almost every bank. To inthere were no unpleasant situations in the future, you must first familiarize yourself with all the rules. To do this, you need to study the terms of the contract and it is better to clarify any ambiguities immediately.