In 2017, banks in Russia issued loans in the amount of 5.68 trillion rubles. Moreover, the Russians began to borrow more and more often. Thus, the volume of lending in our country increased by 37 percent last year. And, according to analysts' forecasts, it will continue to grow in Russia. The lion's share of all loans, of course, are small credit card loans and cash loans. The second place in terms of lending is occupied by mortgage banking products. But not far behind the cards and mortgages and car loans, which are back in vogue after the stabilization of the financial situation in the economy.

Against the background of growing sales of new cars, Russians are again not afraid to buy new cars with borrowed funds. Thus, according to the statistics of the United Credit Bureau (UCB), at the end of last year, banks issued 25 percent more car loans than in the crisis 2016 (in terms of the number of loans issued). If we take the amount, then the increase in the volume of car loans in 2017 amounted to 36 percent (the volume of loans issued under car loans amounted to 333.3 billion rubles).

So, as you can see, the Russians again fell in love and began to respect credit products. Especially in the last months of this year, when the Russian currency again went into free float along with the Turkish lira and other currencies. Naturally, people, fearing that due to the strengthening of the dollar in the fall, price tags for new ones will begin to grow again like mushrooms after rain, ran to car dealerships. Unfortunately, most of the population does not have the financial means to purchase new cars.

Therefore, people are forced to resort to credit banking products. And neither the high extortionate interest rates on loans, nor the mandatory property insurance (super-expensive CASCO policy), nor even the various side banking and insurance products imposed, which ultimately turn the standard loan amount into indecent, do not stop the citizens of Russia.

But, of course, amid rumors that Russia is again waiting for a sharp peak of the ruble in the coming years, many car enthusiasts expect their loan payments to depreciate over time. So it is. But the devil, as they say, is in the details. And if everything is more or less clear with the amount of a loan for a car today (the Central Bank has long forbidden banks to use tricks in order to hide the true interest rate and deceive customers with the help of various hidden fees, etc.), then about insurance imposed by banks on credits are already legendary.

The fact is that for a long time, when issuing loans, banks impudently impose various insurance products on customers, without which they either do not approve at all, or give money at extortionate interest rates.

The worst thing is that many banks, when issuing loans, practically mislead creditors by hiding various insurance products imposed in the process of issuing a loan, for which, by the way, customers have to pay in rubles.

Here is a typical example of how one well-known bank, included in the TOP-50 banks in Russia, imposes insurance products.

So, imagine the situation: you applied to one of the banks in order to get money to buy a car (not a car loan). After a tedious verification procedure, where they are ready to take almost tests from you, you are told good news - the loan is approved. You, after a difficult quest to submit a loan application to the bank, begin to rejoice and already imagine yourself driving a brand new car. After all, right now you are creating your own history - they gave you money to buy a dream car. But do not rush to beat the fanfare and dance the lezginka.

At this very moment, while your mind is lulled by rosy pictures, a well-trained bank manager will slip you interesting pieces of paper in which you will, as if by chance, be asked to substitute your signature. Leaving your autograph on a large pile of papers in the bank, you will actually not only sign a loan agreement, but also give your consent to purchase an insurance policy that will be valid for the entire loan period. Moreover, this policy will not be free. Moreover, you will be shocked at its cost, since insurance companies calculate the cost of such insurance based on a certain percentage of the loan amount.

Everything else is classic. After signing (not reading in detail with each dot and comma) a bunch of papers that were given to you at the bank for signature, you begin to wait for the coveted amount in the account, which the bank must credit you under the loan agreement. And finally, you receive an SMS informing you that the money has been credited to your account. Joy has no limit. But what is it? Almost immediately you receive another message - about debiting the N-th amount from the credit account. You are shocked. How so? You start calling the bank demanding to sort it out. And this is where you will learn all the delights of doing banking business in our country in the field of lending to the population.

It turns out that by signing the loan papers, you agreed to take out financial insurance on the loan. That is, in this way, the bank allegedly insures its risks associated with issuing a loan. For example, as part of such insurance, the bank must receive insurance compensation if for some reason you cannot repay the loan. On the one hand, everything is logical and, probably, correct. But do not forget that Russia is an amazing country where Ostap Bender has long been surpassed with his 1000 ways to take money from gullible citizens.

The most interesting thing is that by signing such insurance documents, you have agreed to the insurance service, which will immediately be written off in favor of the insurance company upon receipt of funds to the credit account. So do not be surprised that a large amount may immediately disappear from your account, which will go to the address of the insurance organization created by the bank itself.

Yes, as a rule, many banks today specifically create their own insurance companies. And all in order to earn extra money on the issuance of loans. Everything is logical: the more loans issued, the more imposed insurance sold. If you add up the profit on credit products and imposed insurances, you get a very decent amount, which is comparable to the profit on loans 10-15 years ago, when banks did not hesitate to issue loans with huge hidden fees and obscenely high interest rates.

But today, the Central Bank stands guard over the rights of borrowers, to which to revoke a bank's license is like going to the store for bread. So the banks figured out how to return those legendary super incomes on loans. Agree, an interesting move is to disguise hidden interest and commissions with insurance products.

Naturally, many Russian citizens have already suffered from such imposed services. But I am glad that people in our country do not want to put up with such impudence of banks and do not sit still. Someone turns to Rospotrebnadzor, demanding to punish the bank for deceiving and imposing an unnecessary (optional) service. Someone complains to the Central Bank, pointing out the violation of the law on banking. But most just go to court. And, it must be admitted, the majority of borrowers manage to refuse the imposed insurance and, accordingly, return the money debited from the credit account for the imposed financial insurance product.

But how much does such insurance cost to bank customers? Each insurance company created by the bank has its own interest rates for insurance products. For example, in an insurance company created by VTB Bank, a financial company can cost the borrower 10-12 percent of the loan amount.

But this is not the limit. There are even more extortionate rates on the market, reaching up to 25 percent. Have you changed your mind about taking out a loan yet? Calculate how much the insurance imposed by the bank will cost you if, for example, you take 700,000 rubles for a car. In this case, if you sign the insurance contract or join the collective insurance contract, you, in fact, agree that 80,000 rubles will be immediately debited from your credit account. What if there is more credit? A school course in elementary mathematics will allow you to return your mind to the ground and take a sober look at.

Fortunately, since 2016, each bank borrower has the opportunity to legally refuse imposed insurance products for loans. Initially, according to the order of the Central Bank of the Russian Federation, the borrower had the right to refuse financial insurance of his liability to the bank within five days from the date of signing the loan agreement. Later this period was extended to 14 days.

Unfortunately, if you contact the bank to refuse the insurance imposed by the bank, after 14 days, this will be denied to you. If earlier you have a chance to return the money written off by the bank in favor of the insurance company. But not everything is so simple in this case.

Firstly, banks still try to refuse to return the funds paid under the financial insurance product to customers, inventing various pretexts. No, this, of course, does not happen everywhere, but nevertheless it takes place.

In this case, in order to return the money for insurance on the loan, you will have to contact Rospotrebnadzor, the prosecutor's office, the Central Bank, or it is better to go straight to court. And what pleases, in 99 percent of cases, the courts take the side of the borrowers. Unless you signed a collective insurance contract at the bank at the time of applying for a loan, under which you were simply added to an already existing collective insurance.

This is a kind of know-how of banking lawyers who figured out how to circumvent the order of the Central Bank, which obliges insurance companies to return money for insurance imposed by banks under loan agreements.

In this case, the bank attaches the borrower to its insurance contract concluded by the bank with its own insurance company. Formally, banks do not directly conclude a direct insurance contract with customers.

By the way, after tightening control of the Central Bank over the issuance of loan products, many banks generally began to practice refusing to issue loans if the borrower refuses to join the collective loan insurance agreement. But this is already a violation of the law, for which the bank may face serious sanctions from the regulator.

Unfortunately, most banks today, when issuing loans, force clients to sign an agreement on accession to collective insurance within the framework of an agreement with their insurance subsidiaries. This, as we have already said, allows you to bypass the Central Bank's order in a legal way.

Although, according to The decision of the Supreme Court (case number 49-KG17-24) dated October 31, 2017, The Supreme Court acknowledged that the Central Bank's order on the inadmissibility of imposing third-party services or products under a loan agreement, as well as on the possibility of borrowers to return money for such services, also applies to cases of a collective insurance agreement. Therefore, according to the same resolution, all banks are obliged to return the money for the purchased policy if the borrower refuses the insurance contract within the period established by the Central Bank.

The worst thing is that banks simply ignore the Resolution of the Supreme Court of the Russian Federation and often refuse to refund borrowers for a issued insurance policy when signing a loan agreement. As a result, borrowers are forced to seek the truth in the courts. Moreover, these lawsuits are artificially delayed by banks, and are also contested in higher courts. Unfortunately, in our country there is no case law, and therefore each court makes a decision on the case, based on its own arguments. As a result, it is not so easy for borrowers to get their money back. As an example - the case that came to the Sun (link above). Can you imagine what it was like for the borrower to get the truth?

Recently, most consumers perceive insurance as an imposed service. However, banks everywhere continue to promote both their own insurance products and those owned by partners. Of course, now the schemes have changed significantly. They are usually used in relation to legally weak borrowers who consider an insurance contract necessary and are forced to make a choice - to take what they give, or to leave without money at all. Every borrower should know how to apply for a waiver of insurance.

However, there is another important factor that makes people agree to insurance. The fact is that bank loan conditions are often formed in such a way that products with the inclusion of insurance seem more favorable to the client in terms of interest rate, loan duration and amount. The borrower thinks he made the right decision, but in reality, the total amount of bank money, together with interest and insurance, turns out to be larger than that of debt with higher interest, but without insurance, which is a typical marketing ploy that works very effectively. We have to find out whether it is possible to cancel insurance after receiving a loan, and if so, how.

insurance law

More recently, when applying for a loan and signing an application for insurance, a person could hardly back out. Further appeals to the bank and the relevant companies were rejected with a categorical refusal: since the application was signed by the borrower himself, his action was deliberate and voluntary. Such a problem was solved through the court, but only if a person could prove the fact of imposing a service.

Only a small number of financial institutions, as an exception, made it possible to issue a waiver of bank insurance and return money for it within a few days.

On June 1, 2016, the Bank of Russia, which also regulates the insurance market, made an announcement that citizens who bought a policy can return it and collect the money paid. For this, a so-called cooling period (five days) was introduced. During this period, the client could change his mind and contact the insurer, who is obliged to return the money to him. The legal return of insurance is carried out very quickly, the money is transferred to the applicant within ten days.

In addition to refusing insurance, the new law allows customers to disagree with all sorts of additional services that are imposed by the relevant organizations. However, in this case, the risk of a financial institution increases significantly. That is why banks increase interest rates or reserve the right to change them if the client refuses. And this way is prescribed in the loan agreement. This often stops borrowers from taking action. If the client does not agree to take out insurance, banks are reluctant to return the money to him. However, this is still realistic, even if the whole process will be accompanied by a long debate with the financial institution.

A sample loan insurance waiver is presented in the article.

What types of insurance are refundable?

In the field of lending, there are both voluntary and compulsory types of insurance services, which include policies such as:

• Real estate insurance, relevant for real estate loans, mortgages, where the collateral must be protected.
• CASCO, when, when taking a car loan, the bank obliges the client to insure the purchased car - transport as collateral gives the bank financial protection. So how do you apply for a waiver of insurance after receiving a loan? More on this later.

All other types of services accompanying the conclusion of a loan agreement are voluntary.

Insurance can be refunded for cash, commodity loans, credit cards, etc., which are accompanied by:

• customer life insurance;
• title insurance;
• a policy in case of layoffs at work;
• financial risk protection;
• borrower's property insurance.

Insurance is legal in any case, as it is an additional service offered to the client when concluding a loan agreement. If it is not included in the list of mandatory, the borrower can legally refuse it. True, such a choice will lead to a negative decision in issuing money. When a bank offers insurance, the law is not violated in any way.

Can I opt out of insurance?

Cancellation of insurance can be done, but it is not easy to do. For their right to this action, some borrowers even sue creditors, but this option is not suitable for everyone, and the probability of losing is not canceled, since bank employees can easily turn the situation in their favor. At the same time, the client can find out from his lender whether it is possible to write an application for waiver of loan insurance a few months after the execution of the contract and timely payments. But such a procedure can be carried out only when a simple consumer loan is taken.

Subtleties in the law of the cooling period

The recently released law does not affect collective agreements. It is valid only in case of conclusion of an agreement between an individual and an insurance company. That is why banks often sell additional services as part of a collective agreement (in fact, the bank acts as an insured), and the return of insurance during the cooling period becomes impossible.

Available ways to cancel insurance

Many people think that insurance is a mandatory procedure when taking a loan. However, Russian legislation approves the voluntary nature of the insurance contract. The catch is that a financial institution can refuse a loan even without giving a reason.

Most often, clients are given this alternative:

• Program with a low interest rate and compulsory insurance.
• Higher interest and no insurance.

Many are afraid that option #2 is unprofitable. And therefore they themselves agree to additional services they do not need. But it often happens that increased interest is cheaper than insurance policy payments, which can be up to 30% of the total amount.

If the client chose the first path, he has the right to receive a loan, and then legally issue a waiver of insurance (sample application below). When the application is approved by the bank and the contract is signed, the borrower may consider the payment for additional services unjustified and cancel.

Ways

There are two ways to cancel an insurance policy:

• by contacting the bank with a written request;
• through the court.

Also, a refusal can be issued if the loan was paid regularly within six months. To do this, you need to perform the following steps:

• Contact the credit department of the bank.
• Prepare a written request to terminate the insurance contract.
• Wait for the bank's response.

In many cases, financial institutions respond positively to such requests from customers, if there are no delays in payments for the entire time and there are no insured events. Then the bank recalculates interest rates and increases them to compensate for the risks.

A financial institution can only make a recalculation if this is provided for in the contract. Otherwise, the client's request will be denied.

Documents for going to court

If the bank did not meet the borrower, it is possible to refuse credit insurance through the court. In order to file a claim, the following documents are required:

• credit agreement;
• insurance policy;
• Bank refusal in writing.

It is imperative to provide evidence of the imposition of insurance services, so it is better if all conversations with bank employees are recorded on a voice recorder. To increase your chances of winning, it is advisable to enlist the support of a professional lawyer if the client is not competent enough in legal intricacies.

The chances of winning the court are quite high: you only need to prove that the insurance policy was fraudulently imposed by the bank (for example, by including it in the monthly premium without warning). If the program with low interest and insurance was chosen voluntarily, it will be much more difficult to refuse.

Features of the return of funds deposited under insurance

The new legislation provides that the refusal of insurance on a loan during the cooling period guarantees the return by the bank of the funds spent on the purchase of an insurance policy within ten days.

It is also possible to satisfy the client's request in the absence of an insurance case during the cooling period. Since the policy does not always take effect immediately after the signing of the contract, the amount of the returned funds may be full or partial. If the insurance contract has not yet entered into force, the premium amount is returned in full. Otherwise, the amount for the elapsed time is deducted from the funds, and the company has every right to do so, since the service was provided.

Features of the return of insurance after a cooling period with an outstanding loan

If the cooling period has already passed, the service is not subject to the new law. There is no need to rush to file a lawsuit to waive insurance (many people download a sample application on the Internet). It's best to try contacting your bank. Many organizations are now very loyal to customers and give them the opportunity to refuse additional services even later than five days. This is how VTB 24 banks operate (under agreements that are executed before February 1, 2017), Home Credit, Sberbank (30 days).

If you send a claim to the organization, it will almost completely be refused, justified by the fact that the client himself signed the application. In this case, the borrower, confident in his rightness, can only go to court, and it is better to do this through lawyers who can suggest some loopholes. However, in reality, it is very difficult to return the money, because the person himself agreed to the service and even paid for it.

Early repayment and return of insurance

Is it possible to return the insurance if the loan is repaid ahead of schedule? Since the policy is issued for the period of repayment of the loan, the person who repaid it in full ahead of schedule is entitled to receive part of the payment for insurance services. If the loan was taken for two years, and 60,000 rubles were paid for insurance, then if it is paid out in a year, 30,000 rubles are supposed to be returned. In general, this issue should be addressed to the bank.

An application for a refund is made either when an application for early repayment is written, or immediately after the loan is closed. To resolve this issue, the bank can refer the client directly to the insurance company. In the same place, he can request a sample application for refusal of insurance.

Do it yourself or contact a lawyer?

If you return the insurance within the five days prescribed by law, you will not need the help of a lawyer. But after this period, the process will become difficult and in some cases impossible. If the bank refuses, it is still worth seeking qualified legal assistance, as the specialist will be more competent in this matter.

To avoid such delays and unplanned expenses for covert insurance, you need to carefully study each clause of the loan agreement, as some banks may take on the deduction of insurance premiums. Therefore, it is worth spending time studying the contract in order to avoid financial problems and litigation.

Then a sample loan insurance waiver application will not be needed.

A bank client who is going to receive a consumer or any target loan will have to face an unpleasant complication - mandatory, as the lender himself assures, insurance in case of loss of health, job loss and other attendant factors. The financial structure, whether it be Sberbank, OTP Bank or VTB 24, will always strive to impose insurance - both on and within the framework of other proposals. Fortunately for the borrower, he can at any time refuse insurance and take back the money spent in vain.

Sometimes a written statement in free form is sufficient for this; in other cases, you will have to file a claim in court. It does not matter whether the payer sent or filled out the questionnaire when visiting Gazprombank, the essence is the same: the return of consumer credit insurance is quite possible. Under what conditions and what to do to the borrower in order to solve the problem without wasting time and health - see below.

Can I get a refund on a loan?

The short answer to the question is yes. First of all, a creditor (a bank or other financial institution) who seeks to protect his financial interests as much as possible needs insurance. If the borrower loses the ability to make monthly annuity payments or due to job loss, sudden and serious illness or death, the insurance company will compensate the bank for the damage incurred - as usual, at the expense of the borrower's contributions.

Important: often insurers are affiliates that have long-term relationships with creditors, and in some cases are their subsidiaries; thus, it is almost impossible to count on fair and favorable insurance conditions. This is another great reason to opt out of insurance.

Beneficial "obligatory", as the bank declares, insurance of consumer and other loans and intermediary - an agent, or an insurance company. Having concluded an agreement with a financial structure, it regularly receives new clients without any extra effort on its part, who have no idea of ​​their right to refuse imposed payments, and, accordingly, new money.

Do not forget that in some cases, consumer credit insurance may be useful to the borrower. There is no escape from job loss or a serious illness, and if this happens, the insurer will indeed pay the loan instead of the recipient of the funds within the period specified in the contract. And even if the percentage of insured events, even in domestic realities, is minimal, it is not worth neglecting the opportunity to protect yourself from future attacks by the lender - only if the borrower does not have at his disposal an inviolable account or liquid property, the sale of which can cover the debt.

In accordance with the Instructions of the Central Bank No. 3854 (dated November 20, 2015) and 4500 (dated December 15, 2017), it is possible to demand a refund of money spent on credit insurance in the following cases:

1. For sickness or accident insurance. It is understood that after the occurrence of an insured event, the borrower will not be able (on a temporary or permanent basis) to make monthly payments, and the insurance company will do this for him. The need for insurance is completely eliminated if the borrower is already insured or has the opportunity at any time to compensate the bank for the losses incurred by him. When refusing insurance, a bank client may refer to paragraph 2 of Article 935 of the Civil Code of the Russian Federation, which directly prohibits imposing life and health insurance on a borrower.
2. When insuring for the duration of life or death. In both situations, upon the occurrence of an insured event, the obligations of the borrower to the lender for obvious reasons are terminated, and if there are no co-borrowers, guarantors or heirs, the bank loses the unpaid part of the funds. You can return the survival insurance at any time while the insurance contract is in effect, regardless of the age of the borrower and his current credit history. In this case, the borrower may also refer to paragraph 2 of Article 935 of the Civil Code.
3. When insuring financial risks. An employee of a company may lose his job, and an individual entrepreneur may go bankrupt; this, along with other variations of the loss of a source of income, are insured events. You can claim a refund under consumer or any other credit insurance until the specified event occurs; in the future, the insurer begins to fulfill its obligations, and termination of the contract becomes almost impossible, especially without the help of a competent lawyer.
4. When insuring any kind of civil liability. If the current situation does not allow the borrower to fulfill its obligations to the lender on time or in full, the insurance company will do it for him. As in the previous example, you need to take care of terminating the contract and demand a refund for insurance before the occurrence of the corresponding event - otherwise you will have to prove that the insurance agent improperly fulfilled its obligations.
5. When insuring property and vehicles. This is either an acquisition made with a loan issued by a bank, or the property of the recipient of the loan, provided to the bank as collateral. Considering that property, more than a person, is at risk of irreparable damage or irretrievable destruction, it is not recommended to refuse this type of insurance - otherwise the borrower will simply have to pay a loan for a product that no longer exists or is damaged. However, it is possible to demand a refund of money spent on insurance in this case.

There are two situations where you can't opt ​​out of credit insurance:

1. When applying for a mortgage loan. The obligation to insure real estate purchased on credit is provided for by the legislator in Article 31 of the Federal Law “On Mortgage” No. 102-FZ, as last amended on December 31, 2017. It is impossible to refuse it, referring to the unwillingness or even the inability to pay insurance premiums: until the contract with the insurer is signed, the lender is not entitled to transfer the borrowed funds to the recipient's account.
2. When making. The better the conditions for providing borrowed funds, the more likely the bank will require the client to issue a CASCO policy, which the borrower will be able to refuse, if only it is provided for by the contract or the insurer gives express consent to terminate the transaction. Otherwise, the legislator does not give the right to return the money paid for insurance, and it is all the more pointless to demand funds back after the expiration of the policy - at that time the insurer will be considered to have fulfilled the contract, and the motorist who wants to achieve his own will have to prove in court, that the insurance was imposed on him.

The ability to refuse consumer credit insurance and demand a refund is secured not only by the Instructions of the Central Bank of Russia, but also by the Civil Code, in particular Article 958 (paragraph 2). The procedure will be discussed in the next section, and now - a few words in favor of refusal after the fact, that is, after the signing of the loan agreement.

Although, in accordance with the spirit and provisions of Russian law, the lender does not have the right to refuse the borrower to fulfill its obligations set forth in the form of a public offer (and the loan offer refers specifically to it), the bank can easily delay the execution of documents or find a reason for a negative response. For example, as soon as it comes to the refusal of imposed insurance, it may turn out that the applicant has collected an incomplete package of documents, made an insufficient number of copies, brought an “overdue” certificate, does not meet the requirements of the lender regarding the quality of the credit history, and so on - whatever, to the point of tacit rejection. In such a situation, it is more logical not to try to bypass the bank (with its accumulation of lawyers and marketers - the victory will remain with him), but to agree at the time of signing the contract for insurance, subsequently legally refusing it.

This more prudent approach will help the borrower avoid:

1. Refusal of the creditor to issue the desired amount- in full or by its reduction. As already mentioned, the bank can find plenty of reasons for a negative decision, and it is extremely problematic to force it to follow the offer: each financial institution has the right to set its own criteria for a suitable borrower, and if the applicant does not fit at least one of them, the refusal will be completely legal; then the borrower can only accept and look for another lender.
2. Increases in the annual interest rate. Completely refuse the borrower, even if he decided to show character and insist that insurance is not needed, not in the interests of the bank; it is easier to raise the interest rate for an intractable borrower, and by several points at once. Such a policy of a financial institution does not contradict domestic legislation, and the consequences for the "refusenik" are directly spelled out on the websites of most banks and are included in the body of the public offer. Thus, the failed borrower has no formal grounds for a complaint to the Central Bank or Rospotrebnadzor due to a refusal to provide borrowed funds, and in order not to be faced with the need to re-search for a lender, he is recommended to use the small trick described above.
3. Deterioration of other lending conditions. If the borrower refuses insurance, the bank may reduce the limit of funds provided, change the repayment period of the debt and introduce other restrictions provided for by the offer that complicate the life of the borrower. If the financial structure operates within the law (and this happens in 99% of cases), the applicant will have no reason to challenge the decision, then there will be only two options left: look for another bank or agree to obviously unfavorable conditions. The way out is the same as in the first two situations: agree to life insurance, health insurance, financial condition, and so on, and then withdraw your consent within the prescribed time and in accordance with applicable regulations.

Conditions for the return of credit insurance

Since 2016, the Russian borrower can, in accordance with the Directive of the Central Bank No. 3854 of November 20, 2015, refuse insurance on the loan during the so-called cooling period - on a single written application and without any additional requirements from the lender.

Important: the borrower will not be able to claim the return of funds spent on loan insurance, even during the cooling period, if the insured event occurred before the submission of a written application. For example, if a borrower who agreed to sign an agreement with an insurer is fired from work the next day, the insurance company immediately begins to fulfill its obligations, and it will not be possible to return the money.

If the claim was sent to the address before the end of the cooling period and before the occurrence of the mentioned event, the insurance company will be obliged to fulfill it, and the borrower will have to solve possible problems on his own.

Until the beginning of 2018, in accordance with the Directive of the Central Bank No. 3854, the cooling period was 5 days from the date of signing the contract. Since there were no additional comments in the document, the specified period was counted in calendar days, not working days, as a result of which the borrower could lose several days due to holidays and weekends.

On December 15, 2017, the Central Bank decided to correct the situation by “pulling up” the clearly insufficient cooling period to the standard term for the withdrawal of a product or service; now, as follows from Instruction No. 4500, this period is 14 days. Within two weeks, counted from the next day after the signing of the agreement, the borrower can refuse the loan insurance imposed on him by the bank, without fear of worsening loan conditions or refusal to issue funds.

The borrower, in accordance with paragraph 2 of Article 958 of the Civil Code, also has the opportunity to refuse insurance on a consumer or other loan if the insured event has not occurred. In such a situation, according to paragraph 3 of the same article, the insurer has the right (and therefore will) claim a part of the premium - the greater, the longer the insurance contract has been in effect. Simply put, a borrower who claims to return money for insurance on a loan will be able to receive only a part of it, which decreases with the duration of the insurance.

For example, if the amount of the contract is 10 thousand rubles, then in case of refusal during the first year of lending, he can be paid 8 thousand, the second - 5 thousand, and the third - 2 thousand. The figures are indicative only to represent the trend in the decline in recoverable amounts. In reality, if the insurance company has shown forethought, the contract may indicate the amount of payments in case of cancellation of insurance; otherwise, they will have to be installed based on the current situation.

Another scenario is the early repayment of the loan. In accordance with paragraph 1 of the same article 958 of the Civil Code, in this case, the former borrower may demand the termination of the insurance contract and the return of the funds spent to him in a proportional amount, since the probability of occurrence of insured events provided for in the contract has naturally decreased to zero. The insurer will not be able to refuse, however, as has been mentioned more than once, it will most likely exercise the right to retain part of the premium under the contract, even if compensation has never been paid.

If the insurance contract has expired before the last payment on the loan has been made, it makes no sense to count on a refund for insurance on a single written application: the borrower, who intends to return his money at all costs, will have to file a lawsuit in court, and there already prove that the insurance contract was imposed on him by the bank. This requires at least the help of a good lawyer - also not free and in such a difficult situation is not always effective.

Important: in accordance with the above-mentioned Instructions of the Central Bank, it is possible to return money on a consumer or other loan only upon conclusion of an individual agreement. In the framework of the collective program, which involves the conclusion of a deal between the creditor bank and the insurance company with further accession as a third party of the borrower himself, it is not necessary to count on a refund - only if the lender himself did not provide for such an opportunity.

In accordance with the general provisions, each financial structure can set its own cooling period, delaying the standard one upwards. So did Sberbank and VTB 24, which (although they enter into an insurance contract under the collective program) allow customers to request a refund within 30 calendar days. Of course, the refusal must be in writing; one verbal request of the borrower will not be enough.

How to return consumer credit insurance?

To return consumer credit insurance, you need to act in accordance with the following universal algorithm:

1. First of all, the applicant should make sure, using the information above, that he has the opportunity to claim the return of funds spent on insurance for consumer or other credit.
2. After - draw up a request for termination of the insurance contract. There is no single document form: the borrower can create it on their own, use a template from the Internet, or download the form on the website of the insurance company. The application must contain the following blocks:
   • the full official name of the insurance company and its main details, including TIN and OGRN;
   • contact details of the insurer;
   • legal address of the insurer, including postal code;
   • surname, name and patronymic of the borrower (in full, not initials), his contact details and address of permanent residence (registration);
   • title of the document;
   • a preamble in which it is necessary to indicate the dates of preparation and numbers of credit and insurance agreements;
   • the essence of the appeal is the requirement to recognize the insurance contract as null and void and return the money for insurance;
   • references to legislation or by-laws that give the borrower the right to demand a refund of insurance funds;
   • details of the borrower to return money to him - the number of a plastic card or bank account;
   • the signature of the applicant with a transcript and the date of preparation of the document in the traditional Russian format: DD.MM.YYYY.

Important: the application should be drawn up and signed in two copies: one remains with the borrower, and the second is handed over to the representative of the insurance company against signature. You can transfer the document both in person and by sending it by registered mail with a mark of delivery. Otherwise, the addressee will have to prove in court that the insurer actually received the claim, which is extremely problematic without a signature on the form.

1. Attach copies of both contracts to the application - lending, as the main one, and insurance, as concluded on the basis of the first. It is possible, but not necessary, to certify copies with a notary: the insurer must also accept uncertified copies, especially since it will not be difficult for him to verify their authenticity: just refer to your archives and make a request to the creditor bank.
2. Wait for the consideration of the application within the period established by the legislator, and then act in accordance with the situation.
3. If the insurer agreed to pay the entire amount or part of it and the borrower has no claims against him, the money is credited to the account, and on this the relationship of the parties is considered exhausted.
4. If the insurance company ignores the appeal or responds with a written refusal, the borrower should apply to the court with a statement of claim. The document must include:
   • the name of the judicial authority to which it is sent, its contact details and postal address;
   • last name, first name and patronymic (in full) of the applicant, his contacts (mobile or landline phone number, e-mail and other available), as well as the registration address, including postal code;
   • title of the document;
   • a brief description of the problem;
   • the essence of the requirements: termination of the insurance contract and return to the borrower of the money spent on paying for insurance;
   • other requirements: compensation by the insurer for legal costs, moral damage, and so on;
   • references to the provisions of domestic legislation, giving grounds for drawing up a statement of claim;
   • the signature of the submitter of the document with a transcript and the date of its compilation.
5. The claim must be accompanied by:
   • a copy of the loan agreement;
   • a copy of the insurance contract;
   • a written refusal of the insurer (if not, confirmation of receipt by him of a previously drawn up claim);
   • other relevant documents: receipts, certificates of third parties, and so on.
6. Wait for the case to be heard in court. If a positive decision is made, the money will be transferred to the borrower's account within the prescribed period; if the decision is negative, the applicant has the right, in accordance with Article 321 of the Code of Civil Procedure, to challenge it in a higher court within one month from the date of the verdict.

In addition, if there is evidence of the imposition of insurance by the creditor, the borrower can demand in court from him compensation for moral damage and other costs - as part of a separate process and subject to the preparation of a new statement of claim, to which all weighty evidence will be attached.

How long does it take for loan insurance to be returned?

Pre-trial loan insurance must be returned, in accordance with the general provisions of domestic law, within 10 days from the receipt of a written request. If within the prescribed period the applicant has not received either money or a reasoned refusal, he can send a complaint to Rospotrebnadzor, in parallel, starting to prepare a statement of claim to the court.

If the obligation to return the funds was imposed on the insurer as a result of the court session, he must transfer them before the expiration of the period specified in the decision. In case of going beyond the limits, the plaintiff has the right to again apply to the court with a demand to force the negligent defendant to act as soon as possible.

How much compensation can you expect?

Depending on the circumstances, the borrower can expect both full reimbursement of insurance costs, if the application for termination of the insurance contract was sent before the expiration of the cooling period, or partial compensation calculated by the insurer within the terms of the contract or in accordance with the current situation. The more time has passed since the date of signing the contract, the less the insurance company is ready to return to the borrower.

If the borrower is dissatisfied with the amount of compensation offered by the insurer, he can send the latter a new demand, which is unproductive, or, without wasting time, start preparing a lawsuit with a demand to return the funds in full (or the maximum possible) amount.

Summing up

You can return the money spent on insurance on a consumer or any other loan based on the provisions of the Civil Code and Instructions of the Central Bank of Russia No. 3584 and 4500. Before the end of the cooling period, the borrower can count on a full refund; after - in proportion to the prescription of the concluded insurance contract. If the loan was repaid ahead of schedule, the need for a relationship with the insurer automatically disappears, which also gives grounds to demand a refund under the insurance contract.

The first step of the borrower is to send a written application to the insurance company demanding to terminate the contract and return the money. If this does not help, you will have to file a claim in court; not only copies of the main and additional agreements (crediting and insurance, respectively), but also a written refusal of the insurer or proof of receipt of the claim should be attached to the document. The term for the return of money in a pre-trial order is 10 days from the date of receipt of the application; if it is exceeded, the borrower can send a complaint to Rospotrebnadzor, in parallel preparing a statement of claim to the court.

Making insurance when obtaining a loan is a popular service imposed by banks for their customers. Managers talk about its advantages, reducing risks for the borrower and other benefits, but in fact, it is insurance that leads to an excessive financial burden. It is not surprising that many people who initially agreed to the policy, soon think about how to refuse this service and return the money. Is it possible to do this in 2019?

Why take out insurance when receiving a loan?

An insurance policy is a voluntary option that allows the bank to significantly reduce the risk of non-payment of debt. In the event of an insured event, for example, the death of a client, the money will be returned by the insurer. For clients, this service is also useful, and here the bank's consultants are not cunning - if you cannot work for health reasons, you will not have to repay the loan.

Insurance is not mandatory, but many banks impose a policy. If the client categorically refuses to conclude the contract, this leads to the following consequences:

• refusal to issue funds - the bank does not take on additional risks, especially if the client's credit history is not perfect, that is, the policy increases the chances of approval;
• an increase in the interest rate - the overpayment in the absence of a policy is equal to several points - from 1 to 15%, but choosing a program with insurance can result in an even greater overpayment;
• worsening credit conditions - the bank will offer a smaller amount, a shorter term, no privileges, since it is beneficial for it to connect the borrower to the insurance protection program.

Today, issuing a policy is not mandatory, but practice shows that refusal of insurance is fraught with negative consequences, in fact, banks put the client in a disadvantageous and hopeless situation. It is not surprising that borrowers are increasingly wanting to return the money for the purchased policy.

Types of insurance that can and cannot be returned in 2019

Insurance when applying for loans can be both voluntary and mandatory. In the latter case, you cannot count on a refund - you will be denied legally. This restriction applies to loans with collateral - CASCO for a car, real estate insurance for mortgages and large loans.

If the policy is issued on a consumer loan, card or other loan, when insurance is voluntary, you can return the money according to the law. This includes:

• life and health insurance of the borrower;
• job loss insurance;
• title insurance;
• protection of financial risks;
• property insurance.

Credit insurance is a legitimate service, but if the client does not want to take out a policy, or changes his mind after signing the documents, you can refuse insurance protection.

Full instructions: how to get money back for insurance?

The procedure for refunding funds for issuing insurance depends on the moment at which the client decided to terminate the insurance contract. It is most profitable to do this in the first days after signing the documents, even better - on the same day, so as not to overpay insurers. But even in the case when a lot of time has passed, the client can get the money paid back.

Cancellation of the insurance policy within 5 days after registration

In 2015, the Central Bank of the Russian Federation established a "cooling off period" when customers can terminate the contract without any difficulty. It is 5 days, and if you meet the deadline, according to the law, the insurer does not have the right to refuse you. How to act?

1. Immediately after applying for a loan, write an application for refusal of protection, you need to do this within 5 days from the date of signing the documents;
2. Contact the insurance company, the bank is not involved in your relationship. A sample application is available on the insurer's website or at the nearest branch - you can send the completed form by registered mail or take it in person, leaving a copy with a note of delivery. In the application, be sure to indicate the details where the money should be returned;
3. Within 10 days the funds will be transferred to the citizen. If the contract with the insurer was valid for at least a couple of days, a small part will be withheld from the amount of remuneration.

The only situation when the insurance company can legally refuse compensation is the occurrence of an insured event. That is, to receive both a payment due to the loss of a job, and a refund under the policy will not work.

Return of insurance for an outstanding loan

If for some reason you missed the deadline of 5 days, but want to return the money for the issued policy, in some cases it will still be possible to fulfill the desired. This is due to the loyalty programs of individual banks - they offer an extended "cooling off period" when the client can refuse additional services. For example, this practice is available at Sberbank, Home Credit, VTB 24. But the popular Renaissance Credit Bank is not as loyal to its borrowers as other institutions.

To return the insurance before the loan is repaid and after 5 days from the date of registration, you need to contact the bank. The consultant, of course, will try to convince you, but if you decide to refuse the imposed service, insist on writing a statement. It will be more difficult to return the money through the court and in a claim procedure, and if there is no loyalty program, it is impossible at all.

How to return the insurance in case of early repayment of the loan?

Early repayment of a loan is a common case when it is not difficult to terminate an insurance contract and return the overpaid funds. For example, you took out a loan for 2 years, paying 50 thousand to insurers, and paid off the debt for a year, the amount to be returned will be 25,000 rubles. That is, when insurance protection services are no longer needed, you can return part of the money. How to act?

1. Contact the bank for early termination of the loan agreement, at the same time write an application for the return of insurance;
2. If the bank sends you to an insurance company, take a debt repayment certificate and go to the insurers with it, you can also send documents by mail;
3. The application that the client writes, similar to what is prepared when the insurance is closed within 5 days, the account number for transferring funds must be indicated;
4. Money must be returned no later than 10 days.

The insurance company is unlikely to refuse to pay compensation to the client, but if this happens, you can go to court, recovering the overpaid amount, the amount of the fine, and additional penalties.

When will the bank refuse to refund the insurance?

In the insurance legislation, not everything is so smooth, there are restrictions when the termination of the insurance contract is denied to the client, and it will be pointless to seek justice in court - you will only lose time. Legally, the insurer has the right to refuse if:

• an insured event has already occurred, for example, you lost your job, now the company is paying off the debt to the bank, it will not be possible to return the funds;
• 5 days have passed, you can prove that this service was imposed, but not the fact that they will make a positive decision;
• when drawing up a collective insurance agreement - it is impossible to return it even during the “cooling off period”;
• if more than 3 years have passed since the moment when the client had to apply for compensation, for example, after the early payment of the debt;
• if the application is filled out incorrectly, there are no necessary documents.

To avoid refusal, fill out an application for the return of insurance according to the model, be sure to indicate the details of the account where the money should go. If the insurance organization delays the payment deadlines, you can go to court and receive additional compensation.

Personal experience: how to return credit insurance?

Studying the reviews allows you to understand which bank is better to contact in order to avoid imposing services, as well as return money for insurance if necessary without any difficulties. Based on personal experience, clients can be recommended:

• carefully study the agreement with the bank when signing it, if something is not clear, clarify the information;
• when canceling insurance, compare interest rates and the benefits of this procedure - how much you will be compensated;
• when signing an agreement with an insurance company, make sure that you are the insured, not the bank, otherwise you are buying a collective protection policy, which is not eligible for a refund;
• hurry up with the return - it must be done earlier than 5 days after the conclusion of the contract;
• do not let bank employees and insurance agents convince you - remember, they are interested in you paying the maximum amount of money;
• if you were denied compensation, but you are sure that you are right, file a complaint with the Central Bank of the Russian Federation, go to court - defend your legitimate interests.

It is quite realistic to return the loan insurance, although this requires perseverance - the employees of the insurance company and the bank will do their best to convince the client to abandon the idea. But if you have calculated that the refusal is beneficial, and the requirements are legal, the insurer is obliged to satisfy your claim. And so that such problems do not arise, you can not draw up a policy when signing a loan agreement. If you have a good credit history and are a solvent client, the bank will be interested in cooperation without additional risk protection.

Updated 09/21/2017.

Getting a loan without insurance is a very difficult task. Although insurance is voluntary in most cases, bank employees quite often tell customers that without an insurance policy, the bank simply will not give a loan.

You should not blame ordinary employees for this, they just follow the instructions and orders of their credit institutions. They have a sales plan, for failure to comply with which they are deprived of bonuses, reprimands, etc.

In this article, we will consider in which cases it is possible to take out a loan with the registration of imposed voluntary insurance, and then return the money for this very insurance, using the cooling period.

I previously wrote about this possibility in an article, today we are faced with the task of compiling a step-by-step guide: “How to return money for loan insurance.”

Return of loan insurance: instructions

1 Cancellation of insurance during the cooling period. We read the new law.

First of all, you need to know your rights.

UPD: 09/21/2017
In the issue of refusal of collective insurance, there is another pleasant exception, VTB Bank. The clients of this bank have a successful experience of returning money in case of refusal of collective insurance, and this right is not spelled out in the contract, but in fact.

● Make sure that the interest rate on the loan will not increase if you cancel the insurance.

The Bank may stipulate in the insurance contract different interest rates on the loan with and without insurance. Formally, the bank does not violate anything, and it cannot be convicted of imposing an additional service on you. Insurance will not be an imposed service, since the client had the choice to take a loan with insurance at a lower percentage or without insurance at a higher one. We considered this situation in detail in the article.

Quite often, there is no mention in insurance contracts that the interest rate on a loan will increase without insurance.

3 Application for cancellation of insurance. Sample.

You must have time to submit an application for cancellation of the insurance contract within 5 working days ( UPD: 09/21/2017 From January 1, 2018, the cooling period increases to 14 calendar days). There are two ways to apply for insurance cancellation:

● take it directly to the office of the insurance company (namely the insurance company, not the bank). It is important that your copy has a note that the application was accepted on such and such a date, so that you have evidence in your hands that you were on time.

● send an application to the insurance company by registered mail with a description of the attachment. Moreover, the date of sending the letter is important, not the date of receipt. So do not worry that you will miss the 5-day deadline due to the slowness of the Russian Post.

You can ask the insurance company directly for a sample application for waiver of insurance. There are no special requirements and standards for the appearance of such a statement. The main thing is that your personal data should be indicated there, the number of the insurance contract that you want to terminate, and the details of the account where the insurance company must return the insurance premium. An example text can be viewed from the company "Sberbank Insurance" , Alfa Insurance or, for example, the company "Renaissance Life" .

This is what an application for waiving insurance from Sberbank Insurance looks like:

Some companies require the original insurance contract or some additional documents to be attached to the application. For example, "VTB Insurance" requires, together with the application for refusal of insurance, to provide an insurance contract and a document confirming the payment of the insurance premium:

However, if you do not provide original documents (more precisely, I do not even recommend sending original documents, since the insurance company may “accidentally” lose them, and they will be useful in court if the company refuses to voluntarily return the money), then the insurance company will still not have grounds to refuse to return your insurance, the main thing is an application for refusal of insurance.

4 Successful experience of refunding money for insurance. Reviews.

You might think that in order to return insurance, you need to have some kind of special knowledge, that only professional lawyers can do it.

This is not so, below are reviews of ordinary customers, like you and me, who were able to refuse the imposed insurance and return the money.

Here is a review from a client of Renaissance Life about the successful cancellation of a life insurance contract imposed in a car dealership when obtaining a car loan. The client sent a package of documents to the company’s email address, and also took the documents to the insurance office for insurance (and he did it very correctly. If there were any problems with payments, and the application would have been sent only by e-mail, then it would be extremely difficult in court hard to prove you're right).

When taking a cash loan, an insurance policy was imposed on the client of OTP Bank in IC Blagosostoyanie. He sent an application for cancellation of insurance to the insurance company by registered mail with a list of attachments. The application was accompanied by copies of the passport and insurance policy. The letter went for almost a month, but after it did reach, IC "Welfare" returned the money for the insurance:

Here is a review from a VTB Insurance client who was forced to take out financial risk insurance when taking out a loan. The application for refusal was issued at the central office of the insurance company, but the client was advised to contact the bank directly. After the threat to send a complaint to the Central Bank of the Russian Federation and write a pre-trial claim, the money for insurance, VTB Insurance returned:

The company did not pay money for insurance to another client of VTB Insurance within the specified period, despite the fact that the client submitted an application for termination of the insurance contract to the office of the company on time.

The client did not put up with injustice and sent a pre-trial claim with a request to return the money. Otherwise, he threatened to write a complaint to the Central Bank of the Russian Federation, as well as go to court with additional claims for damages, compensation for moral damages, court costs, and a fine. As a result, VTB Insurance returned the money for insurance in full:

And someone did not have any problems at all with the refusal of insurance in this company:

Here is a review from an Ingosstrakh client about the successful return of money in case of cancellation of a property insurance contract. The application was submitted in person to the office. True, the company still delayed the deadlines:

The client of Sberbank Insurance managed to return the money when she canceled the collective insurance agreement, although the application was submitted later than 14 days from the date of conclusion of the agreement. The fact is that such a right is spelled out in the insurance contract itself (I have not seen such concessions from other insurance companies). They didn’t want to accept the application for refusal, the client had to threaten to write a claim:

This review inspired another client of the Sberbank Insurance company, who also managed to return the money for the cancellation of the collective insurance contract:

Here is a review of a client of Renaissance Life, who sent an application for cancellation of a life insurance contract imposed upon obtaining a car loan by the Russian Post, and personally delivered an additional copy to the company's office. Employees of the company, in her words, behaved frankly boorishly when they tried to submit an application for refusal of insurance, but as a result, she returned the money for insurance:

The client of IC "Rosgosstrakh" sent an application for cancellation of the insurance contract by registered mail with a list of attachments, with a copy of the contract and a copy of the document confirming the payment of the insurance premium. Money for insurance was returned to the client:

Please note that the client of Rosgosstrakh, who returned the money for insurance, attached copies to the application, and not the originals of the contract and payment, although the UK claims on his website that the originals are allegedly obligatory for her: “Cumulative and investment life insurance: Reading the contract”). When trying to refuse the product at the bank office, the client was asked to deal with the insurance company Alfa Insurance on their own. He sent an application with a refusal by the Russian Post and, as a result, received his money back:

It is possible to refuse insurance and return money to the clients of the VSK insurance company:

The client of the Alfa Insurance company managed to refuse insurance and return the money without any problems and delays:

Here is the experience of successfully canceling the property insurance policy of IC Zetta Insurance, imposed upon obtaining a consumer loan from OTP Bank. The deadlines, however, were violated. Please also note that the insurance contract of this company contains a clause that in the event of termination of the contract they withhold 80% of the insurance premium. This paragraph contradicts the Directive of the Central Bank, which we considered above. However, the company does not remove it from the contract, although it does not retain 80%, allegedly of its own free will:

Here is another review about the company "Zetta Insurance", where the client was first returned only 20% of the cost of insurance. But after filing a complaint, he was paid the full cost of insurance, without deducting the "burden":

Conclusion

Always read any contract carefully.

Use the right to cancel insurance during the cooling period (from January 1, 2018, the cooling period is 14 calendar days). It is quite possible to return the money for imposed insurance. True, sometimes it may be necessary to write a complaint to the Central Bank of the Russian Federation, send a pre-trial claim to the insurance company, or at least threaten it on the hotline or at the company's office.

Make sure that you are the insured, and not the Bank, i.e. You have not slipped the contract of joining the collective insurance program. Also make sure that the loan rate does not depend on the availability of insurance.