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Защита прав заемщика

What are the legal possibilities for getting rid of the loan payment or reducing your debt obligations?

  • Do you have a problem loan debt?
  • Does the Bank threaten to take away your collateral?
  • How is it possible to obtain a positive court decision in a dispute with the Bank?
  • How should the borrower and the guarantor act on the loan?
  • Is it possible to invalidate a loan agreement? And if so, how to do it?
  • How is it possible to obtain recognition of the notary’s Executive inscription as such, which is not subject to execution?
  • How to reduce the amount of interest payments on the loan?
  • How to protect the property of the guarantor from encroachments by the Bank?
  • How to prevent the actions of the Executive service?
  • How to protect the mortgage property from foreclosure in favor of the Bank?
  • How to achieve write-off of penalties and penalties for non-payment of the loan?

The specialists of Kasyanenko & Partners Law Company know the answers to these questions and are ready to help you! Do not postpone the solution to your problems indefinitely, contact us now to get quality legal assistance.

Once you have tried all the options to find money to pay off debts on the loan and take advantage of even the most unexpected decisions, you can decide to completely abandon the loan payments. This is followed by reasonable questions: ‘How is it legal not to pay the loan?’, ‘How not to pay the money on the loan?’, ‘What happens if I stop paying the loan?’. Let’s try to answer these questions which are of concern to many Ukrainians.

We will not start from afar, but immediately turn to a very harsh reality, the components of which are the lack of financial resources to pay the loan and the constant attacks from the collection companies that terrorize you and your family over the phone or even have a special honor with their visits to your home and work.

By the way, here you can find a set of information articles anti-collection activities, in which details are told about how to deal with collectors, and what are the opportunities for their own legal protection. In these articles you will also be able to find specific rules and schemes of action that will definitely help to protect yourself from the special importunity of representatives of collection companies. The most important thing is to understand that the actions of collectors have nothing to do with the Ukrainian legislation. This means that you do not have to tolerate boorish behavior and excessive insolence on their part.

So, you still decided not to fulfill their loan obligations. However, how exactly to act in order not to let their own lives derailed and not fall into a debt hole? The first thing that can come to mind is to try to hide from collectors until the Statute of limitations expires. This period is 3 years and its counting begins from the moment of the last contact of the debtor and the financial institution that issued the loan funds. Of course, if there are no other options, then even such a crazy, at first glance, method can be quite effective. However, this method assumes that you will have to completely abandon all ties with friends, relatives, work, etc., which, of course, is a very stressful and radical decision., in this case, it is necessary to remember that your relatives and close people are also the object of aggression collectors, and after you start to hide, they will have a very hard time.

The next option, how not to pay on the loan (more prudent) – is to try to negotiate with the financial institution that issued you a loan. Of course, it is best to start a constructive dialogue with the Bank immediately after you have started financial problems and you feel that you are unable to pay on the loan, as they did before. For you it will be only plus as the Bank will see that you are the conscientious borrower and do not refuse the obligations.

There are other options for answering the question of how not to pay the loan. If there are collection services, then there are also services that are designed to resist collection activities – the so-called anti-collection companies, anti-collection. Such companies employ lawyers and attorneys who have significant practical experience, and who are ready to help their clients not only with practical advice on how to deal with collectors, but also actions within the law. Kasyanenko & Partners Law Company also provides anti-collection services. By contacting us, you will receive professional representatives of their own interests in negotiations with collectors and Banking institutions., in this case, the case may not even go to trial.

The solution to your problem in court

Litigation on problem loans is a fairly common practice. It is enough to imagine the following situation: you do not pay on the loan, and it comes to court. It doesn’t really matter who went to court first: you or the Bank. The most important thing is to approach the problem fully armed. A competent specialist with a large baggage of experience and theoretical knowledge from Kasyanenko & Partners Law Company will help you to properly argue your position and protect your own interests. Turning to him – this is the best option in most cases (of course, if you are not a professional in matters of resolving credit disputes). Most often, it is the court is the lifesaving instance that will help you finally get stuck in debt. Of course, it is quite difficult to completely get rid of the loan (only if you do not achieve recognition of the loan agreement invalid) but to reduce the illegally accrued penalties and penalties-more than real. As our legal practice shows, in matters of fines, Banks often cross the boundaries outlined by the Law. This can be proved and used to your advantage.

If you have lost the court with the Bank and your case is open enforcement proceedings, the evasion of credit obligations will already be a criminal offense.

It is possible to talk for a long time about the possibilities of completely abandoning payments on the loan. But this is only possible in the first case, when you completely disappear from the Banking (and social) radar. In all other cases, you will have to fulfill their obligations to the Bank and pay on the loan, but much less than required by the financial institution. And this is a very real development of events!

How should the borrower act when it came to litigation?

Remember that it is best to solve the problem as soon as it occurs. In the future, it will be much more difficult to help you. That is why, if you have any problems with the loan, do not delay the appeal to Kasyanenko & Partners Law Company, we know how to defend the rights of the borrower in court!

High-quality legal support of credit debt proceedings is a reliable guarantee that the debtor will not be left without his collateral.

To start solving the problem with the Bank-mortgagor, the borrower must collect and provide our specialists with the following documents:

  1. The agreement based on which the loan funds were issued;
  2. Additions to the contract;
  3. Mortgage agreement;
  4. Additions to the mortgage agreement;
  5. Loan guarantee agreement;
  6. Possible agreements under the surety agreement and amendments thereto;
  7. Charts provided by the Bank;
  8. The agreement to restructure, if this is the place to be;
  9. Copies of materials of judicial disputes (our experts can demand these documents independently, if necessary);
  10. Copies of materials of Executive office work (our experts can demand these documents independently, if necessary);
  11. Settlement statements of the financial institution (from the moment of conclusion of the contract to today’s date).

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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