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Court with Bank

Do you have problems with the Bank? Court with the Bank?

When granting loans to the population, the legislation of Ukraine imposes a number of mandatory requirements to Banks, which, as practice shows, Banks almost always violate. In other words, the very fact of issuing you a loan, it is always possible in court to recognize illegal and invalid. Such recognition has a consequence-the return of the parties in their contractual relations to the original state.

That is, the borrower will have to return to the Bank only the body of the loan, and the Bank to the borrower has already paid interest., in this case, usually paid interest can be obtained immediately or set off in the amount of debt, and the return of the loan body, most often, will be held by deducting from the salary of 20% for a very-and-very long time, and here inflation will work for You.

Therefore, pick up your loan agreement, remember how you got the loan and compare whether the Bank has fulfilled the following requirements:

The Bank when issuing a loan is obliged to provide you (under the signature) the following information (article 11 of the Law On consumer protection):

  1. available forms of lending with a short description of the differences between them, including between the obligations of the consumer;
  2. the approximate total cost of the loan and the cost of services for registration of the loan agreement, a list of all costs associated with obtaining a loan, its maintenance and return, in particular such as administrative costs, insurance costs, legal registration, etc. (i.e. how much you will pay in total and interest including);
  3. options for returning the loan, including the number of payments, their frequency and volume (that is, not one option, but several!);
  4. the possibility of early repayment of the loan and its terms (it must be necessarily spelled out in the contract);
  5. advantages and disadvantages of the proposed lending schemes.

And this is not the whole list of information that the Bank is obliged to provide You, in writing, before issuing a loan.

Court with the Bank, what to do?

The Bank when issuing you a loan, has no right to violate the principles of lending (article 49 of the Law On Banks and Banking). One of these principles does not allow the Bank to issue a loan if the monthly payment is more than 50% of the salary specified in the certificate.

When issuing a loan, the Bank is obliged to provide you with a contract for signing, which meets the requirements of the legislation for credit agreements (article 6 of the Law On financial services and state regulation of financial services markets). So, in the contract, among other things, it should be stated: the responsibility of both parties, not just the borrower for non-fulfillment or improper fulfillment of the terms of the contract, the order and changes, and termination of the contract and much more;

After signing the agreement, in relations with You as a client, the Bank has no right to violate Your rights guaranteed by the legislation, for example, to send a request to sign an agreement on changing the interest rate (article 1056.1 of the civil code of Ukraine).

The Bank sued, what to do?

It is safe to say that in our country, when issuing consumer loans, the above situations, when the requirements of the laws are violated, take place in almost every case of issuing a loan.

In conclusion, I would like to point out two more articles of the civil code of Ukraine, part 1 of article 203 and article 215, according to which the contract cannot contradict the law, as well as the moral principles of society, otherwise, it may be recognized by the court invalid. Therefore, if we want respect for ourselves and our children, we must defend our rights. We will also help You if you are already in court with the Bank.

To resolve the issue with the Bank, the following documents are required from borrowers:

  1. Loan agreement with the Bank;
  2. All amendments to the loan agreement with the Bank;
  3. Mortgage agreement with the Bank;
  4. All additions to the mortgage agreement with the Bank;
  5. The contract of guaranty Bank;
  6. All additional agreements to the guarantee agreement with the Bank;
  7. All the graphics Bank;
  8. All restructuring agreements (if any) of the Bank;
  9. Photocopies of materials of court cases on claims of the Bank, if any (from the first article to the last page). We can take these documents ourselves in court!
  10. Photocopies of materials of Executive production on Bank statements (from the first item to the last page). This document we can take ourselves in the Executive service!
  11. Bank statements on your loan agreement, on all accounts, for the entire period of validity of the loan agreement from the moment of signing to the present day.

Attention!!! Timely legal support provides an opportunity to release themselves, their property, the property of their loved ones and heirs from Bank loans, while not incurring any criminal liability.

Specialists of the Kasyanenko & Partners Law Company know different methods by which it is possible to delay the issuance or execution of a decision on debt collection, and to avoid repayment of the debt, to terminate the guarantee. For those who have been most deeply affected by the economic crisis, namely debtors and their guarantors, we offer legal support.

Dmytro Kasyanenko

Lawyer, managing partner of the Kasyanenko & Partners Law Firm. Since 2002, he has gained extensive legal experience in key positions in business structures and the public sector in the field of law and finance.

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