The lawyer explained the consequences of issuing a loan under the current self-ban

If the loan was approved under the current self-prohibition, the law does not provide for the automatic termination of obligations under it. This was announced on April 8 by Alexander Kozlov, a lawyer for the bankruptcy of individuals at the Financial and Legal Alliance company.

"A self-ban on obtaining a loan is a restriction imposed by a citizen on concluding consumer loan agreements with him. At the same time, it is not absolute: for example, it does not apply to mortgage loans, car loans, educational loans," Kozlov said in an interview with Gazeta.Ru».

The lawyer explained: when a lender issues funds, despite the current self-ban, the law protects the borrower, so that the lender no longer has the right to demand repayment of the debt through the court. In such a situation, the borrower may not be forced to fulfill this debt, but if voluntarily executed, the funds paid cannot be returned, as they are considered "unjustified enrichment of the lender."

"The legislator does not cancel the obligation, but redistributes the risks: the consequences of violating the self—prohibition are assigned to the lender, who is obliged to check the relevant information before issuing the loan," the lawyer said.

Nevertheless, lenders' frequent disregard of the requirement to verify a self-lock violates the rights of a particular borrower, and also reproduces the fraudulent scheme that the law was aimed at suppressing. When getting a loan, a credit score is also important.

"By itself, the self-lock on loans does not affect the rating. It does not worsen your credit history or lower your score. However, something else is important: if a person stops paying on a loan, the rating drops anyway, regardless of the presence of a self—lock. Therefore, an attempt to use self—locking as a way to "not pay" will lead to the usual consequences — delinquency and deterioration of credit history," explained Kozlov.

If the loan was issued by fraudsters or issued by a bank with a valid violation of self-secrecy, then such an operation should not be considered as one of the components of the rating. If this loan leads to a deterioration of the credit history, the borrower has the right to challenge this and achieve an adjustment. The lawyer added that if you try to apply for a loan during the application period, and then refuse to repay it, referring to the ban, the method will be considered illegal. If the court finds that the borrower did not plan to repay the money from the very beginning, his actions may be regarded as fraud.

Credit survey: mortgage transactions of individuals will be required to be notarized

The measure is intended to protect the borrower, but it will increase the financial burden on them, experts say.

On April 5, Meri Valishvili, Associate Professor of the Department of State and Municipal Finance at Plekhanov Russian University of Economics, listed at least three types of loans that should be rejected. These include loans in foreign currency when earning in rubles, re-crediting, that is, making a new loan to pay for the previous one, and microloans in the absence of regular earnings.

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