When analyzing the submitted documents, it was established that the individual terms of the contract with a specific consumer on the provision of a targeted consumer loan for the purchase of a motor vehicle included conditions that infringe on the rights of the consumer. In the contract with the consumer the Bank, the individual terms of the contract and the total amount of the loan include: the amount of the loan to pay the insurance premium under the insurance contract "GEP-insurance" concluded between the borrower and the insurance company NORD INSHUANCE LLC (insurance premium - 5,100 rubles), the amount of the loan to pay for the cost of the Roadside Assistance service provided to the borrower by OOO NORD INSHUANCE (insurance premium - 8,900 rubles), the amount of the loan to pay the insurance premium under the insurance contract "Protection against the loss of valuable things" concluded between the borrower and the insurance NORD INSHUANCE LLC (insurance premium - 2,500 rubles). According to the application for a consumer loan for a motor vehicle, it follows that the consumer did not want to be insured for the above services precisely in the insurance company indicated in the standard form of the contract.

Since the Bank, in the loan agreement concluded with a specific consumer, included insurance premiums under insurance agreements in the total amount of the loan, that is, they were paid at the expense of borrowed funds, such insurance was caused by the need to conclude a loan agreement, and not the consumer's need to receive additional insurance services. The inclusion in the loan agreement of conditions that are actually conditions for obtaining a loan indicates an abuse of freedom of contract.

On the fact of these violations, Cetelem Bank LLC was brought to administrative responsibility under part 2 of article 14.8 of the Code Russian Federation on administrative offenses (hereinafter referred to as the Code of Administrative Offenses of the Russian Federation) in the form of an administrative fine in the amount of 20,000 rubles.

The Bank, not agreeing with the ruling, appealed to the Moscow Arbitration Court with a statement challenging it.

The Arbitration Court of the City of Moscow (case No. A40-103347/16) refused to satisfy the stated requirements, motivating its conclusions by the fact that the administrative body had proved the event and the elements of the offense, the responsibility for which is provided for by Part 2 of Article 14.8 of the Code of Administrative Offenses of the Russian Federation, as well as by compliance with the procedure and deadlines bringing to administrative responsibility.

The Ninth Arbitration Court of Appeal, to which the Bank filed an appeal, upheld the decision of the Moscow Arbitration Court, and the Bank's appeal was dismissed.

The decision of the Moscow Arbitration Court and the Resolution of the Ninth Arbitration Court of Appeal entered into force.

NIZHNY NOVGOROD REGIONAL COURT

APPEALS DETERMINATION

Judicial Collegium for Civil Cases of the Nizhny Novgorod Regional Court composed of:

presiding judge Kondakova T.A.,

judges Kochetkova M.The. and Kulaeva E.V.,

when maintaining the protocol of the court session by the secretary Ignatiev S.V.,

examined in open court the appeal Baykova Oh.A.

on the decision of the Soviet District Court g.N.Novgorod dated December 11, 2014 in the case on the claim of Baykova Oh.A. to LLC "Cetelem Bank" on the recognition of the terms of the contract as invalid, the recognition of the debt repaid, the obligations terminated, the recovery of compensation for moral damage, court costs, the recognition of the accrual of the fine as invalid,

After hearing the report of the judge of the Nizhny Novgorod Regional Court Kochetkovoj M.The., explanations representative Baikova Oh.A. by proxy Dovbush M.S., panel of judges

SET UP:

Baykova O.A. applied to the court with these requirements against Cetelem Bank LLC, indicating that<…>concluded an agreement with the defendant on the provision of a targeted consumer loan for the purchase of a motor vehicle No.<…>. Clause 7.12 of this agreement provides that the client agrees that all issues, disagreements or claims arising from the agreement with the bank and related to the collection of debts by the bank under the agreement are subject to consideration in court at the location of the bank. The plaintiff believes that the specified condition of the contract is contrary to the law - clause 2 of article 17, clause 1 of article 16 of the Law of the Russian Federation dated 07.02.1992 No. 2300-1 “On Protection of Consumer Rights”, since the jurisdiction of disputes arising from contracts which is the consumer is established by law and cannot be changed by agreement of the parties. Thus, the provisions of clause 7.12 of the loan agreement are void and on the basis of Art. 168 of the Civil Code of the Russian Federation is subject to invalidation. Moreover,<…> <…>year, on the need to provide information and documents, as well as on changing the provisions of clause 7.12 of the agreement regarding the jurisdiction of the dispute under this agreement.<…>this notice was received by the bank. However, the respondent did not respond to this notification.<…>year, the plaintiff resubmitted said notice. Having not received a response to the repeated notification, the plaintiff<…>year transferred to the bank on account of the early fulfillment of the obligation to repay the loan under the agreement dated<…>year cash in the amount<…>. Considering these actions of the defendant illegal, the plaintiff, taking into account the changed requirements, asked the court to recognize the conditions of clause 7.12 of the agreement on the provision of a targeted consumer loan for the purchase of a motor vehicle No.<…>from<…>year invalid (insignificant); recognize the repaid debt to Cetelem Bank LLC under the agreement on the provision of a targeted consumer loan for the purchase of a car from<…>year, and obligations terminated, recognize the accrual of a fine in the amount of<…>rubles for non-submission for temporary storage of the Title for the car invalid; recover from Cetelem Bank LLC compensation for non-pecuniary damage in the amount of<…>rubles, court costs in the amount of<…>rubles.

In the trial court plaintiff Baikova Oh.A. and her representative by proxy Dovbush M.S. did not appear, the time and place of the hearing of the case were notified.

The representative of the defendant Ltd. «Setelem Bank» by proxy Kurmaev D.The. did not recognize the claims.

By the decision of the Soviet District Court g.N.Novgorod dated December 11, 2014, the claims of Baykova Oh.A. partially satisfied. Recognized invalid due to the nullity of the terms of clause 7.12 of the agreement on the provision of a targeted consumer loan for the purchase of a car No.<…>from<…>of the year.

Compensation for non-pecuniary damage in the amount of<…>rubles, a fine of<…> <…>rubles. A state fee in the amount of<…>rubles. The rest of the claims Baykova Oh.A. denied.

The appeal Baykova Oh.A. the question was raised about the cancellation of the court decision in the part in which she was denied satisfaction of the claims for recognition of the repaid debt to the bank, as taken in violation of the norms of substantive and procedural law.

In objections to the appeal, LLC “Cetelem Bank” asks the court decision to be left unchanged, the appeal is dismissed.

The legality of the decision of the court of first instance was verified by the Judicial Collegium for Civil Cases of the Nizhny Novgorod Regional Court in the manner prescribed by Chapter 39 of the Code of Civil Procedure of the Russian Federation.

By virtue of Part 1 of Article 327.1 of the Civil Procedure Code of the Russian Federation, the Court of Appeal considers the case within the limits of the arguments set forth in the appeal.

Having checked the materials of the case, discussed the arguments of the appeal, objections to the complaint, having heard the explanations of the persons who appeared in the case, the panel of judges does not find grounds for canceling the court decision, since it was decided in accordance with the requirements of the law and the circumstances established in the case.

<…>year between Baikova O.A. and Cetelem Bank LLC signed an agreement on the provision of a targeted consumer loan for the purchase of a vehicle No.<…>.

Clause 7.12 of this agreement provides that the client agrees that all issues, disagreements or claims arising from the agreement with the bank and related to the collection of debts by the bank under the agreement are subject to consideration in court at the location of the bank.

In accordance with Part 7 of Art. Claims for the protection of consumer rights may also be brought to court at the place of residence or place of stay of the plaintiff or at the place of conclusion or place of execution of the contract.

In accordance with paragraph 2 of Art. 17 of the Law of the Russian Federation of February 7, 1992 No. 2300-1 “On Protection of Consumer Rights”, claims for consumer protection can be brought to court at the location of the organization, the place of residence or stay of the plaintiff, the place of conclusion or execution of the contract. In this case, the choice between several courts that have jurisdiction over the case belongs to the plaintiff.

Thus, the legislator, in order to protect the rights of consumers, both economically weak side in the agreement, additional mechanisms of legal protection were introduced, including in the issue of determining the jurisdiction of civil cases with their participation.

The inclusion by the bank in the loan agreement of a provision on the jurisdiction of the dispute to a particular court (in particular, at the location of the bank) infringes on the consumer's rights established by law.

According to Part 1 of Art. 16 of the Law of the Russian Federation "On Protection of Consumer Rights", the terms of the contract that infringe on the rights of the consumer in comparison with the rules established by laws or other legal acts of the Russian Federation in the field of consumer protection are recognized as invalid.

Consequently, clause 7.12 of the loan agreement concluded between the plaintiff and the defendant does not comply with the provisions of the Code of Civil Procedure of the Russian Federation and the Law "On Protection of Consumer Rights", and therefore, by virtue of Art. 168 of the Civil Code of the Russian Federation is void.

Resolving the stated requirements, the court of first instance, having assessed the circumstances established in the case in relation to the above provisions of the law, made the correct conclusion that the condition of the loan agreement, clause 7.12 of the contested loan agreement, is invalid by law.

The appeal does not contain any arguments contesting the said conclusions of the court of first instance.

It appears from the case file that<…>year, by registered mail with a notification and a description of the investment, the plaintiff sent a notice to the defendant about the early repayment of the loan under the agreement dated<…>year, on the need to provide information and documents, as well as on changing the provisions of clause 7.12 of the agreement regarding the jurisdiction of the dispute under this agreement (case sheets 21-23).

<…>the notice was received by the defendant.

However, the respondent did not respond to this notification.

<…>year, the plaintiff repeatedly sent the said notice to the bank.

Having not received a response to the repeated notification, the plaintiff<…>year transferred to the bank on account of the early fulfillment of the obligation to repay the loan in the amount of<…>.

It is established that by the date of the next monthly payment (<…>year) the defendant did not credit the entire amount transferred by the plaintiff in the amount of<…>on account of the early fulfillment of the obligation to repay the loan under the agreement dated<…>of the year.

This transfer was not made by the bank due to insufficient funds, since<…>year, the bank charged the plaintiff a fine for not providing a vehicle title in the amount of<…>rubles.

<…>year, the defendant canceled the payment of a fine for not providing a vehicle title in the amount of<…>rubles (case sheet 185), and<…>years on account of early execution Baikova Oh.A. obligations under the contract credited to her account the deposited funds.

Thus, at the time of the decision by the court, the loan agreement was executed by the parties in full, the obligations of the parties were terminated.

The court rightly pointed out that, since at the time of the decision, the operation of the said loan agreement was terminated by its execution, the recognition of this loan agreement as executed (terminated) on a certain date will not in itself entail any consequences and will not directly lead to the restoration of the rights of the plaintiff.

Taking into account the grounds for the stated requirements and the subject of the dispute under consideration, the arguments of the appeal on the illegal use of funds and the accrual of interest for the period from<…>year on<…>years, do not entail the cancellation of the decision of the court of first instance, as unfounded.

Other arguments of the appeal, challenging the conclusions of the court on the merits of the dispute considered, also cannot affect the content of the court's decision, the correctness of the court's determination of the rights and obligations of the parties in the framework of the disputed legal relationship, and do not indicate the existence of the provisions of Art. 330 of the Civil Procedure Code of the Russian Federation grounds for the cancellation of the court decision.

The arguments contesting the conclusions of the court regarding the satisfaction of claims Baykova Oh.A. for the recovery in her favor of compensation for non-pecuniary damage and a fine, and requirements for the abolition of the decision in this part of the appeal does not contain.

Violations of the norms of substantive and procedural law that led or could lead to an incorrect resolution of this case (including those to which there are references in the appeal) were not allowed by the court.

Meanwhile, in the operative part of the decision it is not indicated that the recovery from LLC «Cetelem Bank» compensation for non-pecuniary damage, a fine and expenses for paying for the services of a representative is made in favor of Baykova Oh.A.

According to the provisions of paragraph 6 of Article 330 of the Civil Procedure Code of the Russian Federation, this circumstance cannot be a basis for changing the decision. The decision of the court in this part is subject to clarification.

Based on the foregoing, guided by Articles 328, 329, 330 of the Civil Procedure Code of the Russian Federation, the Judicial Collegium for Civil Cases of the Nizhny Novgorod Regional Court

DETERMINED:

the decision of the Soviet District Court g.N.Novgorod on December 11, 2014 to uphold, the appeal Baykova Oh.A. - without satisfaction.

Clarify the operative part of the decision of the Sovetsky District Court of Nizhny Novgorod dated December 11, 2014 instead of the words “To recover from Cetelem Bank LLC compensation for non-pecuniary damage in the amount of<…>rubles, a fine of<…>rubles, the costs of paying for the services of a representative in the amount of<…>rubles” indicate “To collect from LLC “Setelem Bank” in favor of Baykova Oh.A. compensation for non-pecuniary damage in the amount<…>rubles, a fine of<…>rubles, the costs of paying for the services of a representative in the amount of<…>rubles."

presiding judge.

Do you think you are Russian? Born in the USSR and think that you are Russian, Ukrainian, Belarusian? No. This is not true.

You are actually Russian, Ukrainian or Belarusian. But you think you are a Jew.

Game? Wrong word. The correct word is "imprinting".

A newborn associates himself with those facial features that he observes immediately after birth. This natural mechanism is characteristic of most living beings with vision.

Newborns in the USSR for the first few days saw their mother for a minimum of feeding time, and most of the time they saw the faces of the maternity hospital staff. By a strange coincidence, they were (and still are) mostly Jewish. Reception is wild in its essence and effectiveness.

All your childhood you wondered why you live surrounded by non-native people. Rare Jews on your path could do anything with you, because you were drawn to them, while others were repelled. Yes, even now they can.

You cannot fix this - imprinting is one-time and for life. It is difficult to understand, the instinct took shape when you were still very far from being able to formulate. From that moment, no words or details have been preserved. Only facial features remained in the depths of memory. Those traits that you consider your family.

3 comments

System and Observer

Let us define a system as an object whose existence is not in doubt.

An observer of a system is an object that is not a part of the system it observes, that is, it determines its existence, including through factors independent of the system.

From the point of view of the system, the observer is a source of chaos - both control actions and the consequences of observational measurements that do not have a causal relationship with the system.

An internal observer is a potentially achievable object for the system in relation to which the inversion of the observation and control channels is possible.

An external observer is even an object potentially unattainable for the system, located beyond the event horizon of the system (spatial and temporal).

Hypothesis #1. All-seeing eye

Let's assume that our universe is a system and it has an external observer. Then observational measurements can take place, for example, with the help of "gravitational radiation" penetrating the universe from all sides from the outside. The capture cross section of "gravitational radiation" is proportional to the mass of the object, and the projection of the "shadow" from this capture onto another object is perceived as an attractive force. It will be proportional to the product of the masses of objects and inversely proportional to the distance between them, which determines the density of the "shadow".

The capture of "gravitational radiation" by an object increases its randomness and is perceived by us as a passage of time. An object that is opaque to "gravitational radiation", the capture cross section of which is larger than the geometric size, looks like a black hole inside the universe.

Hypothesis #2. Internal Observer

It is possible that our universe is watching itself. For example, using pairs of quantum entangled particles spaced apart in space as standards. Then the space between them is saturated with the probability of the existence of the process that generated these particles, which reaches its maximum density at the intersection of the trajectories of these particles. The existence of these particles also means the absence of a sufficiently large capture cross section on the trajectories of objects capable of absorbing these particles. The remaining assumptions remain the same as for the first hypothesis, except:

Time flow

External observation of an object approaching the event horizon of a black hole, if the “outside observer” is the determining factor of time in the universe, will slow down exactly twice - the shadow from the black hole will block exactly half of the possible trajectories of “gravitational radiation”. If the determining factor is the “internal observer”, then the shadow will block the entire trajectory of interaction and the flow of time for an object falling into a black hole will completely stop for a view from the outside.

Also, the possibility of combining these hypotheses in one proportion or another is not excluded.

Legal advice:

1. I took a car loan from Setelem Bank, wrote an application for refusal of life insurance at Sberbank on March 24th. How do I know if my insurance has been cancelled?

1.1. Easy: call the Security Council and ask.
Good luck.

Did the answer help you? Not really

1.2. You will have to transfer funds for insurance within 10 days, or set them off against a loan, if this is provided for by the insurance rules.

Did the answer help you? Not really

2. Setelem bank car loan vacation job loss.

2.1. Write an application to the bank for debt restructuring / deferred payment, attach documents confirming your loss of work.

Did the answer help you? Not really

3. What is the clause in the contract 1.3 of the amount for payment of other consumer needs? Bank Setelem.

3.1. Not quite clear. You need to look at the contract to answer your question.
Sincerely.

Did the answer help you? Not really

4. We are going to apply for a car loan in a network bank, are we obliged to leave the Title Deed at the bank?

4.1. You need to ask the bank for this. Everyone has different conditions for issuing a loan.

Did the answer help you? Not really

5. It is possible to return insurance in case of early repayment of a car loan at Cetelem Bank.

5.1. Is it possible to demand the return of part of the insurance, and in some cases the full amount, is the insurance on hand now?

Did the answer help you? Not really

6. How to keep a car loan. The bank sued. Setelem.

6.1. Just negotiate with the bank, look for money and repay the loan.
Otherwise, the bailiffs will impose a penalty on the car.

Did the answer help you? Not really

6.2. Or challenge the pledge agreement if it is drawn up with violations. There are other options, but again, it all depends on the terms of the contract. In some cases, the car is sold and the buyer is subsequently found to be in good faith. For more detailed study situation, you can apply for a personal consultation at the contacts below.

Yours faithfully, the lawyer in Volgograd - Stepanov Vadim Igorevich.

Did the answer help you? Not really

7. Setelem Bank imposed a fine for untimely prolongation of CASCO. How to dispute?

7.1. What do you have in the terms of the contract? I take it this is a car loan? Look pzhsta. After all, a contract is when 2 parties agree on certain conditions and putting their signature, they confirm that they have come to an agreement on all points and affirm their intentions to fulfill the conditions set forth in the contract.
If there really was a violation of the essential terms of the contract on your part, then the imposition of a fine (if it is also provided for by the contract) is quite a place to be.

Did the answer help you? Not really

7.2. If this penalty is provided for by your loan agreement, then it is useless to dispute this fact. You yourself agreed to this condition when signing the contract. All the best!

Did the answer help you? Not really

8. Auto credit network bank. Delays 4 months. threaten to sue.

8.1. The Bank has the right to judicially recover the existing debt + fines, penalties, forfeits, etc. It is more profitable for you to negotiate with the bank and find a way out of the situation, otherwise legal costs will be added to the debt. If the car is pledged to the bank, then it is possible that the bank will demand to foreclose on the collateral.

Did the answer help you? Not really

9. Can I defer the monthly payment on a car loan at a network bank?

9.1. Nicholas!
If you do this, then, obviously, the sanctions provided for by the loan agreement (penalties, fines) will be applied.

Did the answer help you? Not really

10. Cetelem Bank refuses to pay the balance of the insurance in case of early repayment of the loan.

10.1. If the loan was repaid ahead of schedule, then you can claim a refund of part of the money, if such a condition is provided for in the contract.

Did the answer help you? Not really

11. How can I find out if a car loan has been approved for me by a network bank?

11.1. How to find out if my car loan was approved by a network bank.

How to find out if my car loan was approved by a network bank.
They should call, if they don't call, then they refused. Go pick up the documents if you handed over.

Did the answer help you? Not really

12. How to send the policy with the documents on Casco payment to the bank setelem?

12.1. You can send by mail with a list of attachments and acknowledgment of receipt.
But it is better to hand over directly to the bank.

Did the answer help you? Not really

12.2. The bank's website contains all contact information, as well as a multi-line phone for contacting the operator, so check it out.

Did the answer help you? Not really

13. I am on maternity leave to care for a child up to three years old. In October last year, I took out a loan due to very urgent circumstances on unfavorable terms. Now, during the coronovirus epidemic, my husband has no income, besides, we have 2 small children. How can I correctly arrange credit holidays for the maximum period at Cetelem Bank so that there is no refusal?

13.1. In order to receive credit holidays, it is necessary to document that your spouse's income has decreased by 30% percent or more, this can be confirmed by a certificate of closure of the IP or a certificate from the place of work. If the spouse did not work officially, then it will not work to arrange a credit holiday, it will only be possible to refinance the loan, at the discretion of the bank.

Did the answer help you? Not really

Consultation on your question

call from landlines and mobiles is free throughout Russia

14. Soon there will be a month on the delay of a car loan in a network bank, I want to make 2 payments at once in 10 days. How long does it take for the bank to sue, and is the car always taken away?

14.1. Usually from delay to court passes from a couple of months to a year.
The car will be foreclosed on even later, until the court decision comes into force, until the bailiffs hand over the case. So you still have time to fix everything.

Did the answer help you? Not really

14.2. The bank will not immediately sue, first you will have a pre-trial settlement, in the form of telephone conversations and writing claim letters.
Sincerely! Please leave your feedback for my consultation!

Did the answer help you? Not really

14.3. This is at the discretion of the bank. Usually, before going to court, a claim is sent to the debtor.

Did the answer help you? Not really

14.4. Not always, the bank sues starting from 3 months.

Did the answer help you? Not really

15. I took a car loan from Setelem Bank and wanted to know if I can refuse life insurance, since 14 days have not passed since the purchase of the car, so what should I do for this?

15.1. Christina, you need to write an application for termination of the insurance contract to the Insurance Company with which you have concluded an agreement. But in such cases, banks often increase the interest rate on the loan.

Did the answer help you? Not really

15.2. Taking into account the norms of the current legislation, namely clause 1 of Instruction of the Bank of Russia dated November 20, 2015 N 3854-U "On the minimum (standard) requirements for the conditions and procedure for the implementation of certain types of voluntary insurance" - when implementing voluntary insurance, the insured (person who takes a loan and accordingly concludes an insurance contract) has the right to withdraw from the insurance contract and demand a full refund of the funds for insurance within 14 days from the date of conclusion of the insurance contract or from the moment the bank or insurance company enters the borrower in the register of insured persons. The period of 14 days is called the cooling period. In this case, it is necessary to apply in writing to the credit and insurance organizations with a request, indicating that the insurance contract has been terminated and, accordingly, the insurance premium is subject to return. In a situation where the requirements of the borrower are not satisfied in a pre-trial order, it is necessary to claim in court, by filing a statement of claim with the court at the place of official registration of the borrower and the territorial jurisdiction of the judicial authority.

Did the answer help you? Not really

16. If I pay, according to the writ of execution to the bailiffs, and the bank sends an SMS in the form of "Cetelem Bank" LLC: During the verification of information under your contract, inconsistencies were identified. Providing fictitious personal data is a violation of the law. Today, pay the overdue debt and call back Bank 88005005509" how to proceed?

16.1. If you did not provide false information, then you do not need to call anywhere.

Did the answer help you? Not really

17. Bank Setelem sued for the full cost of the loan, half was paid, the court at the place of registration, I am in another city, is it possible to file an objection by e-mail so that the court decision does not come into force, and how can this be done? how to reduce the amount? Thank you.

17.1. You can file an objection to the claim.

If you send an objection by e-mail, it must be duplicated by sending the document by Russian Post by registered mail. It is necessary.

You can reduce the amount, but for this you need to familiarize yourself with the full text of the statement of claim and the calculations attached to it.

I can prepare for you an objection to the claim with all the necessary calculations, completely ready to be sent to court. If you need my help, write to email, the address of which is attached to my answer.

Did the answer help you? Not really

18. Took a credit card for 10 thousand bank. Threw it out 6 years later. they called and said that the amount is 180 thousand percent .. you have to pay. How in 6 years they have not sued if they have a reason? The card was issued by mail.

18.1. The creditor's right to decide when to go to court. The expiration of the limitation period does not deprive the creditor of the right to apply to the court.

Did the answer help you? Not really

18.2. The statute of limitations does not automatically apply. It can only be applied by the court, and only at the request of the parties. The bank transferred the money to your card, and what you did with it is your business. After discarding the card. The counter continued to work.

Did the answer help you? Not really

19. I have my last car loan installment at Cetelem Bank this month. What are my next steps, given that the car dealership where the loan agreement was drawn up and the bank are in different cities?

19.1. Make the last installment. The next day after the write-off, pick up the original TCP and receive a certificate of closing the loan. Actually, everything.

Did the answer help you? Not really

20. Car loan setelem bank. The contract states that CASCO is issued for at least one year. Is it possible not to apply for the second year.

20.1. If the contract does not provide for mandatory registration of CASCO insurance, then it is not necessary. However, if you refuse Casco insurance, you personally take full responsibility to the bank, in the event that an accident occurs and the car loses its marketable value, and compulsory OSAGO insurance does not cover the damage caused, or you are the culprit of the accident, all the costs of restoring the car are borne by owner. At the same time, the loan to the bank will not go anywhere.

Did the answer help you? Not really

21. I paid in court with a pension to the bank for 2 years, 5 thousand each, for 2 years, now I’ve finished, now I’m being charged a penalty of 185 thousand. The loan itself was 200, you can somehow get out of everything and how to be Help?

21.1. You don't have to pay a voluntary fee. Let the bank go to court, and you can claim in court a reduction in the amount of the penalty in accordance with Art. 333 of the Civil Code of the Russian Federation.

Did the answer help you? Not really

21.2. in this case, you do not have to pay anything. If the bank goes to court, you should apply with a response to reduce the amount of the penalty, etc.

Did the answer help you? Not really

22. I took a car loan from Cetelem Bank, except for the amount of 707450 rubles. , which was needed to buy a car, the amount was also added to pay for other consumer needs - 39844. The loan was repaid in full within 6 months. Can I return part of the amount for other consumer needs, since I no longer need them?

22.1. You can with a warning from the lender about the early repayment of the loan at least a month in advance.

Did the answer help you? Not really

22.2. Need to see what these needs are? As a rule, insurance and services are imposed with a car loan, where exactly did this money go?

Did the answer help you? Not really

23. I pay a car loan to Setelem Bank, I overdue the purchase of CASCO, (but bought) I was fined 10,000 rubles. (this is stipulated in the contract and they were also hurt by the fact that I did not buy insurance from their representative) the point is, can the Bank remove the amount of the fine from the amount I pay for the principal debt that I pay monthly?

23.1. Read the contract, most likely there is such a sequence of repayment and it costs, first legal costs, then penalties, then interest, then the main debt. Look for the order of repayment in the contract.

Did the answer help you? Not really

24. SMS received from Creditexpr Debt "Cetelem Bank" LLC, 88OO5OO55O9 to LLC KIF, call 88002220483, although I am not familiar with this bank at all.

24.1. We do not deal with these issues.

Did the answer help you? Not really

24.2. These are collectors. Ignore, otherwise they can write off a round sum from the phone and the bank account linked to it.

Did the answer help you? Not really

25. Took out a loan in a network in 2014. Could not pay. 11/28/2018
.learned that the debt has been sold to collectors since 2015. The bank itself is gone. Is it possible to save the entire debt?

25.1. If 3 years have not passed since the last payment on the loan (Article 196 of the Civil Code of the Russian Federation), then you will not be able to write off the debts.

Did the answer help you? Not really

№ – 538/2014

<адрес>DD.MM.YYYY

Dzerzhinsky district court <адрес>composed of:

presiding judge Popov K.B.,

at the secretary FULL NAME5,

having considered in open court a civil case on the claim of the Limited Liability Company "Cetelem Bank" to FULL NAME2 for the recovery of debt under a loan agreement, foreclosure on mortgaged property,

INST A N O V&L:

LLC "Cetelem Bank" filed a lawsuit against FULL NAME2 for the recovery of debt under the loan agreement, foreclosure of the pledged property, in support of indicating that CB "BNP Paribas Vostok" LLC (hereinafter referred to as the "Bank" / "Creditor" ) and FULL NAME2 (hereinafter referred to as the "Borrower" / "Respondent") entered into an Agreement on the provision of a targeted consumer loan for the purchase of a vehicle No. provide the Borrower with a loan in the amount of 202,000.00 rubles for a period of 24 months with a fee for using the loan in the amount of 14.5 percent per annum of the loan amount, and the Borrower undertakes to repay the loan on the terms and in the manner established by the Loan Agreement. DD.MM.YYYY CB "BNP Paribas Vostok" LLC changed its corporate name to "Cetelem Bank" LLC, which was recorded in the Unified State Register legal entities(Certificate dated DD.MM.YYYY Ser. 77 No. 014387804). The target loan was provided to the Borrower for the purchase of a DaewooNexia car identification number (VIN) XWB3L32EDDA007062 and payment of the insurance premium under the Personal Accident Insurance Contract dated DD.MM.YYYY concluded between the Borrower and LLC " Insurance Company CARDIF”, payment of the insurance premium under the CASCO Insurance Contract dated DD.MM.YYYY<адрес>parts of the above Loan Agreement No. C 04100132928 dated DD.MM.YYYY are the Client's Application Form for issuing a loan, the General Conditions for Issuing and Servicing Loan Products by Cetelem Bank LLC (hereinafter referred to as the "General Conditions"), the Loan Payment Schedule and the Bank's Tariffs (hereinafter - Tariffs). DD.MM.YYYY, in order to ensure the proper fulfillment of the terms of the said Loan Agreement between Cetelem Bank LLC and the Respondent, a Vehicle Pledge Agreement No. (hereinafter referred to as the “Pledge Agreement”) was concluded, in accordance with which a vehicle - DaewooNexia was pledged , identification number (VIN) XWB3L32EDDA007062, vehicle passport<адрес>. The Bank fulfilled its obligations under the Loan Agreement in full and provided the Borrower with a loan in full, as evidenced by the statement of account No. 40817810704100132928. The demand for full early repayment of the debt was sent to the Respondent, but has not been fulfilled to date. The Respondent's debt under the Agreement on the provision of a targeted consumer loan for the purchase of a motor vehicle No. C 04100132928 dated DD.MM.YYYY to Cetel Bank LLC is: 167,711.85 rubles, of which: the amount of the principal debt under the Loan Agreement - 157,440.64 rubles, the amount of interest for use in cash- 5345.17 rubles, the amount of interest accrued on the overdue debt is 525.94 rubles. He asks the court to recover from the Defendant - FULL NAME2 in favor of "Cetelem Bank" LLC debt under the Agreement on the provision of a targeted consumer loan for the purchase of a vehicle in the total amount - 167711.85 rubles. Foreclose on pledged property - vehicle DaewooNexia identification number (VEST) XWB3L32EDDA007062, vehicle passport<адрес>, through sale at public auction, set the initial sale price of the pledged property - DaewooNexia vehicle identification number (VPN) XWB3r32EDDA007062, vehicle passport<адрес>, in the amount of 133600.00 rubles. To recover from FULL NAME4 the benefit of "Cetelem Bank" Ltd. the costs of paying the state duty in the amount of 4554.24 rubles.

At the hearing, the representative of LLC "Cetelem Bank" did not appear, submitted a statement on the consideration of the case in his absence.

defendant FULL NAME2 at the hearing did not appear, the date and time of the hearing notified in a timely manner and properly, the reason for failure to appear court did not report objections to the claim did not provide. Earlier at the hearing, he provided the original receipt confirming the partial repayment of the debt in the amount of 50,000 rubles.

The court, having examined the written materials of the case, finds the claims subject to satisfaction on the following grounds.

By virtue of clause 1, part 1, article 8 of the Civil Code of the Russian Federation, civil rights and obligations arise from contracts and other transactions provided for by law, as well as from contracts and other transactions, although not provided for by law, but not contrary to it.

According to Article 307 of the Civil Code of the Russian Federation, by virtue of an obligation, one person (debtor) is obliged to perform a certain action in favor of another person (creditor), and the creditor has the right to demand that the debtor fulfill his obligation.

In accordance with Articles 309, 310 of the Civil Code of the Russian Federation, obligations must be performed properly in accordance with the terms of the obligation and the requirements of the law, other legal acts, and in the absence of such conditions and requirements, in accordance with business practices and other usually imposed requirements. Unilateral refusal to fulfill an obligation and unilateral change of its conditions are not allowed.

In accordance with Article 819 of the Civil Code of the Russian Federation, under a loan agreement, a bank or other credit institution (creditor) undertakes to provide funds (credit) to the borrower in the amount and on the terms stipulated by the agreement, and the borrower undertakes to return the amount received and pay interest on it.

On the basis of Article 432 of the Civil Code of the Russian Federation, an agreement is considered concluded if an agreement is reached between the parties, in the form required in the relevant cases, on all essential terms of the agreement. Essential are the conditions on the subject of the contract, the conditions that are named in the law or other legal acts as essential or necessary for contracts of this type, as well as all those conditions regarding which, at the request of one of the parties, an agreement must be reached.

established by the court.

CB "BNP Paribas Vostok" LLC (hereinafter referred to as the "Bank" / "Lender") and FULL NAME2 (hereinafter referred to as the "Borrower" / "Respondent") entered into an Agreement on the provision of a targeted consumer loan for the purchase of a motor vehicle No. C 04100132928 from DD. MM.YYYY (hereinafter referred to as the "Loan Agreement"), in accordance with which the Bank undertook to provide the Borrower with a loan in the amount of 202,000.00 rubles for a period of 24 months with a fee for using the loan in the amount of 14.5 percent per annum of the loan amount, and the Borrower undertook to repay the loan for conditions and in the manner prescribed by the Loan Agreement.

DD.MM.YYYY CB "BNP Paribas Vostok" LLC changed its corporate name to "Cetelem Bank" LLC, which was recorded in the Unified State Register of Legal Entities (Certificate dated DD.MM.YYYY Ser. 77 No. 014387804).

The target loan was provided to the Borrower for the purchase of a DaewooNexia car identification number (VIN) XWB3L32EDDA007062 and payment of the insurance premium under the Personal Accident Insurance Contract for Borrowers dated DD.MM.YYYY, concluded between the Borrower and CARDIF Insurance Company LLC, payment insurance premium under the CASCO insurance contract dated DD.MM.YYYY

The integral parts of the above Loan Agreement No. C 04100132928 dated DD.MM.YYYY are the Client's Application Form for issuing a loan, the General Conditions for Issuing and Servicing Loan Products by Cetelem Bank LLC (hereinafter referred to as the "General Conditions"), the Loan Payment Schedule and Tariffs Bank (hereinafter - Tariffs).

DD.MM.YYYY, in order to ensure the proper fulfillment of the terms of the said Loan Agreement between Cetelem Bank LLC and the Respondent, a Vehicle Pledge Agreement No. (hereinafter referred to as the “Pledge Agreement”) was concluded, in accordance with which a vehicle - DaewooNexia was pledged , identification number (VIN) XWB3L32EDDA007062, vehicle passport<адрес>.

The Bank fulfilled its obligations under the Loan Agreement in full and provided the Borrower with a loan in full, which is confirmed by the statement of account No. 40817810704100132928.

The demand for full early repayment of the debt was sent to the Respondent, but has not been fulfilled to date.

The Respondent's debt under the Agreement on the provision of a targeted consumer loan for the purchase of a motor vehicle No. C 04100132928 dated DD.MM.YYYY to Cetel Bank LLC is: 167,711.85 rubles, of which: the amount of the principal debt under the Loan Agreement - 157,440.64 rubles, the amount of interest for use in cash - 5345.17 rubles, the amount of interest accrued on the overdue debt is 525.94 rubles.

In accordance with Art. 819 of the Civil Code of the Russian Federation, the rules stipulated by the provisions on the Loan apply to relations under a loan agreement. In accordance with Art. 810 of the Civil Code of the Russian Federation The borrower is obliged to return to the lender the received loan amount on time and in the manner prescribed by the loan agreement.

According to part 2 of Art. 811 of the Civil Code of the Russian Federation, if the loan agreement provides for the return of the loan in parts (in installments), then if the borrower violates the deadline set for the return of the next part of the loan, the lender has the right to demand early repayment of the entire remaining loan amount together with the interest due.

According to Art. 309 of the Civil Code of the Russian Federation, obligations must be properly performed in accordance with the terms of the obligation.

Thus, at the court session it was established that the Respondent's debt under the Contract for the provision of a targeted consumer loan for the purchase of a motor vehicle No. C 04100132928 dated DD.MM.YYYY to Setel Bank LLC amounts to 167,711 rubles 85 kopecks.

Taking into account the above requirements of the law, the circumstances of the case, established at the hearing, the court considers the claims for the recovery of debt under the loan agreement reasonable and subject to satisfaction, in part.

As established at the hearing, the plaintiff, during the consideration of the case, voluntarily fulfilled his obligations, paid the debt under the loan agreement in the amount of 50,000 rubles, which is confirmed by a cash receipt order No. from DD.MM.YYYY

Consequently, the debt to the bank after the plaintiff's partial fulfillment of his obligations amounts to 117,711 rubles 85 kopecks.

If the Borrower violates its obligations under the agreement, the Bank has the right to foreclose on the pledged property and sell it.

Considering the above circumstances, the court considers it necessary to satisfy the plaintiff's claims for foreclosure on the pledged property - DaewooNexia model car identification number (VIN) XWB3L32EDDA007062, the owner of which is currently FULL NAME2

As follows from the conclusion on the revaluation of the market value of the vehicle, the market value of the pledged vehicle amounted to 167,000 rubles.

Thus, taking into account the terms of the pledge agreement, which provide for the initial sale value as 80% of the market value, the initial sale value of the vehicle is 133,600 rubles.

Due to the absence of objections from the defendant, the court considers it necessary to determine the initial sale value of the car in the amount of 133,600 rubles.

In accordance with Art. 98 Code of Civil Procedure of the Russian Federation to the party in whose favor the decision of the court took place, the court awards to compensate on the other hand all the court costs incurred in the case in proportion to the satisfaction of the requirements.

The court found that when filing a claim, the plaintiff paid a state duty in the amount of 4554 rubles 24 kopecks, which is confirmed by a payment order.

Since the claims of the plaintiff against the defendant are partially satisfied, then from the defendant FULL NAME2 in favor of LLC «Setelem Bank» in respect of reimbursement of expenses for the payment of the state duty, 3554 rubles 23 kopecks are to be recovered.

Guided by Articles 194-199 of the Code of Civil Procedure of the Russian Federation, the court

the claims of the Limited Liability Company "Cetelem Bank" to FULL NAME2 for the recovery of debt under the loan agreement, foreclosure of the pledged property - partially satisfy.

Collect from FULL NAME2 the debt under the Agreement on the provision of a targeted consumer loan for the purchase of a motor vehicle No. C 04100132928 from DD.MM.YYYY in the amount of 117,711 rubles 85 kopecks.

Foreclose on the pledged property - car model Daewoo Nexia, identification number (VIN) XWB3L32EDDA007062, owned by FULL NAME2, setting the sale price of the car in the amount of 133,600 rubles.

Collect from FULL NAME2 in favor of the Limited Liability Company "Cetelem Bank", to reimburse the costs of paying the state duty in the amount of 3554 rubles 23 kopecks.

To satisfy the rest of the claims of the Limited Liability Company "Cetelem Bank" to FULL NAME2 for the recovery of debt under the loan agreement, court costs - refuse.

The decision can be appealed on appeal through the Dzerzhinsky District Court<адрес>in the Volgograd Regional Court within a month from the date of the final decision of the court.

The final decision was made by DD.MM.YYYY.