The economist called the credit adjustments by the bank illegal without notifying the client.
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- The economist called the credit adjustments by the bank illegal without notifying the client.
The Bank has no right to change the terms of the current loan agreement without prior notification to the client and his consent, unless otherwise is expressly provided by the agreement itself. Ekaterina Kosareva, managing partner of the VMT Consult analytical agency, told Izvestia on October 31.
"According to civil law, a loan agreement is an agreement between the parties, and any of its essential parameters: the amount of the interest rate, the term, and the repayment procedure can be adjusted only by mutual agreement. An exception is possible only if the agreement contains a clause that allows the bank to unilaterally change the terms, for example, adjust the rate depending on changes in the Central Bank's key rate or other objective circumstances. However, even if there is such a clause, the bank is obliged to notify the client in advance and provide time for making a decision," the expert said.
According to Kosareva, if a credit institution does not comply with these requirements, its actions may be considered illegal. In this case, borrowers have the right to apply to the court with a request to restore the original terms of the loan and recalculate payments.
The expert also reminded clients of the importance of carefully reading loan agreements before signing.
"If the contract contains a clause on the possibility of adjusting the payment schedule, rates or commissions, it is necessary to pay attention to the notification procedure: the deadline, the method of communication and the possibility of rejecting changes. In the absence of such provisions, any unilateral actions by the bank are considered a violation," she explained.
For banks, frequent changes in credit conditions can entail reputational and legal risks. Massive customer dissatisfaction can lead to an increase in the number of complaints and lawsuits, as well as a loss of trust on the part of borrowers, the specialist concluded.
On the same day, it became known that customers of Russian banks reported cases of sudden changes in the terms of existing loans — without the notification and consent of borrowers. As Izvestia found out, financial organizations in some cases recalculate the payment schedule, increasing the loan term and, as a result, the total amount of overpayment. Sometimes other parameters are adjusted, including the interest rate.
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