After you go through the stage of finding all sorts of solutions for the payment of debt on the loan and not finding an effective way out of the situation, decide not to pay the Bank, you will certainly have a very logical question: ‘Is it possible not to pay the loan legally?’. We will try to answer the most important questions and find the most effective methods of solving problem situations in credit disputes.
In fact, recognition of the loan agreement invalid is the best option to get rid of the problem currency loan without any legal costs.
Once the loan agreement is invalidated, the parties will return to their original legal status. The borrower will be obliged to return to the Bank the body of the loan, and the Bank-to return to the borrower interest, penalty and Commission, which he had already paid. In our practice, there were cases when the payments returned by the Bank to the borrower, many times exceeded the body of the loan.
Along with the recognition of the invalidity of the loan agreement, the same will be recognized as the accompanying mortgage agreement and surety. At the same time it is a question of return of Finance and property on these documents can go, both in the main judicial process (about recognition of the credit agreement invalid), and in separate.
Referring to articles 203 and 205 of the civil code, it can be said that the loan agreement will be invalidated if it or its provisions contradict the current legislative norms. However, the NBU resolutions are not legislative acts, and therefore they cannot be referred to as an argument in the case of invalidity of the loan agreement.
Most often, the following provisions are used as grounds for applying to the court with a claim for recognition of the loan agreement invalid.
Deception by the Bank
Such basis for recognition of the credit agreement invalid consists in the fact of deception of the Bank of the client (Art. 230 СCU) concerning the total cost of credit obligations, together with percent, insurance and various other expenses connected with the conclusion of such agreement. In the contract itself, the real interest rate and the value of the rise in price must be specified.
To prove the fact of fraud on the part of the Bank, it is necessary to appoint an economic examination. After that, the results of the examination and the data provided by the Bank are compared. Quite often it is at this stage that it turns out that the real interest rate does not correspond to that specified in the contract, which leads to huge overpayments on the part of the borrower.
For example, we helped our client in the case of recognition of the loan agreement invalid. As a result, it turned out that the real cost of the loan exceeds the specified in the contract by several thousand dollars. Thus, it was proved that the Bank had deceived its client and provided him with false information to obtain additional (illegal) benefits.
The same basis is considered as the fact that having received true information, the borrower would refuse to sign the loan agreement and would apply to another Bank with more favorable credit conditions.
Law of Ukraine About protection of the rights of consumers
This legislative act also applies to borrowers, because, in fact, they are also consumers of Banking services. This Law of Ukraine contains a significant number of legal aspects and obligations, which are obliged to adhere to Banking institutions in the territory of our country. As practice shows, Banks often neglect their duties, which is a significant reason for filing a suit in court.
For example, one of the articles of this law (article 11) obliges financial institutions to conduct a conversation with customers before entering into a contract. In addition, the Bank is obliged to inform its client in writing about all the nuances of obtaining credit obligations.
That is, if an employee of the Bank provided his client with incomplete or inaccurate information before entering into the contract, it is considered a serious violation of the law. After all, such an oversight on the part of the Bank directly affects the fact whether the client decides to sign the contract or not.
Moreover, in the loan agreements themselves quite often you can find illegal items: unbalanced responsibility of the borrower and the Bank’s obligations, lack of information about the consequences of non-fulfillment of credit obligations for the Bank, an inflated amount of monthly payments, illegal penalty for delay, etc.
Each Bank has its own legal regulation of credit agreements. However, this does not mean that there is no need to compare this regulation with the current legislation of Ukraine at the time of conclusion of the contract.
Based on the above information, it is safe to say that with a competent legal approach and the selection of weighty arguments, you can achieve recognition of the loan agreement invalid, and restore the violated rights of the borrower. This can be done without significant financial losses and unforeseen legal consequences.
How to act the borrower, if it came to litigation with the Bank?
Specialists of the Kasyanenko & Partners Law Company insist that it is best to start solving credit problems immediately after their occurrence. Ask for help now – our experience will help to defend your rights in court.
To begin to resolve all issues with the Bank, the borrower must collect and provide the following documents:
- The agreement based on which the loan funds were issued;
- Additions to the contract;
- Mortgage agreement;
- Additions to the mortgage agreement;
- Loan guarantee agreement;
- Possible agreements under the surety agreement and amendments thereto;
- Charts provided by the financial institution;
- The agreement to restructure, if this is the place to be;
- Materials of court disputes (these documents our lawyers can claim independently, if necessary);
- Materials of Executive office work (these documents can be requested by our lawyers independently, if necessary);
- Settlement statements of the financial institution (from the moment of conclusion of the contract to the present time).