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- Money to the point: the loan taken during self-closure will be required to be returned only in one case
Money to the point: the loan taken during self-closure will be required to be returned only in one case
Russians who have issued a self-ban on loans will still have to repay the loan if it was opened on the day they applied for such a restriction, Izvestia found out. The fact is that it only starts working the next day. If the loan is issued after the self-lock has entered into force, it is allowed not to repay it. Since the beginning of the year, the Central Bank has recorded many cases when banks issued loans to customers even with the current self-lock. Step-by-step plan: what to do if the money on such a loan is required to be returned is in the Izvestia article.
When does the self-lock on loans start to take effect
The debt can not be repaid if it was issued under the current restrictions on the issuance of loans — the Russians have already learned this rule. But there is one exception to it, Izvestia found out. You will have to repay the loan issued on the day of submitting the application for self-closure.
In practice, it is possible that a borrower first applies for self—locking, and then immediately applies for a loan - before the system finally fixes its status, explained Andrey Ponomarev, CEO of the online financial platform Webbankir. In this case, even when issuing money, the company retains the right to collect the debt.
Creditors receive information about submitting a self—order almost immediately - within a few minutes after registration through Gosuslugi. However, the ban itself begins to take effect only from the next calendar day, a source in the banking market explained. This means that on the day of submitting the application, the borrower can still formally receive the money, and the funds issued during this period are subject to repayment.
Banks have full access to information about self-locking and do not face the problem of underinformation, said Alexey Volkov, Marketing Director of the National Bureau of Credit Histories (NBKI).
A self—ban is a citizen's legally established right to record in his credit history an automatic refusal to apply for loans in his name. It is submitted through Gosuslugi and is required for accounting by all banks and microfinance organizations. Before disbursing funds, the company is required to verify the existence of such a restriction.
In which cases the money can not be returned to the bank
In practice, violations have already been recorded. Since March 2025, about 100 microfinance organizations have concluded contracts with customers without the necessary checks, said Ilya Kochetkov, director of the Central Bank's non-bank lending department. In total, 309 thousand such cases were identified, while about 40 thousand loans were issued without checking the presence of a self-lock.
If there is one, the lender must refuse to issue a loan, it was previously reported on the Central Bank's website. But if, despite the established restriction, the organization enters into a contract, it will not be able to require the borrower to fulfill its obligations. In case of violations of this rule, measures will be applied to financial organizations, the regulator's press service explained.
In such a case, the borrower has the right not to fulfill the obligations under the agreement and may require the deletion of the loan record from his credit history, explained Alexander Pavlovsky, partner at a.t.Legal Law Firm. The transaction in such cases is contrary to the law.
In theory, MFIs may try to collect such debts, hoping that some borrowers do not know their rights and can return the money voluntarily after pressure, said Vladimir Chernov, analyst at Freedom Finance Global. But the regulator's position has already been formed: the Bank of Russia sends instructions to violators and requires them to inform citizens that they are not obligated to pay the debt.
Anton Palyulin, a lecturer at the Department of Fundamental Legal and Socio-Humanitarian Disciplines at Synergy University, recommends the following algorithm for the borrower's actions if a financial institution requires repayment of a loan issued after the registration of a self-lock:
Immediately request an extract from the Credit History Bureau (once a year for free) and make sure that the self-payment has already been made on the date of the loan.
To send an official claim to the bank or the MFI demanding to cancel the debt on the basis of art. 168 of the Civil Code of the Russian Federation ("Invalidity of a transaction contrary to the law"), attaching a copy of the extract from the BCI.
In case of refusal or ignoring, file a complaint with the Bank of Russia via the website cbr.ru .
If the creditor initiates a judicial recovery, declare the existence of a valid self-ban and provide supporting documents. Upon receiving the evidence, the court is obliged to dismiss the claim in full, including the principal debt, interest and penalties.
If the loan is issued by fraudsters (using forged documents or access to personal data), additionally write a statement to the police.
Bypassing the borrower's self-lock
The borrower may lose legal protection only if fraud is proven, the press service of the SRO MIR noted. Abuse is easily detected here: if a person deliberately circumvents the ban (for example, by removing and reinstalling it or manipulating the type of restriction), this can already qualify as unfair behavior and negate protection, explained Alexander Pavlovsky, partner at a.t.Legal Law Firm.
MFIs have improved their verification systems and learned how to identify suspicious applications, and customers are gradually realizing that it is almost impossible to circumvent the self-locking mechanism, the MIR SRO added.
It is legally impossible to apply for a loan with the current self-ban, Alfa-Money explained. Cases of disbursement of funds under such restrictions are usually associated either with technical failures or with the work of intruders.
The problem of fraud remains relevant: about 15% of Russians have faced attempts to steal funds under the pretext of helping to install or remove self-locking, said financial adviser Alexei Rodin.
At the same time, some of the problems are related to the behavior of the users themselves, Alfa-Money added. About 30% of citizens apply for loans with the current self-lock to check the operation of the system, and about 15% simply forget about the previously established restriction.
In the near future, the market will adapt — the issuance of loans and loans to customers with self-locking will completely cease, concluded Alexander Pavlovsky. Already, all borrowers are being checked for such restrictions — this is a standard procedure, so in the near future all possible unscrupulous schemes in this part will be stopped.
Переведено сервисом «Яндекс Переводчик»
