What kind of insurance is required and what is not
Today it is difficult to find a bank that will not impose insurance service. It is imposing because of compulsory insurance is only in a few cases.
- If you take a mortgage, you need to insure the property.
- If you take another loan secured pledge property, such as a car. Then the property itself also need to insure.
- If you take mortgage state support for the program, it is necessary to insure the life.
In other cases, life insurance, insurance against loss of employment, and so on - is the desire of the bank to earn.
Of course, the insurance gives a bank guarantee. But the prices for such services are breaking all records. When I applied for a mortgage, the bank offered me to insure the life of 12 000 rubles (and the reasons for refusal had to justify in writing). While the insurance company, accredited by the bank, get insurance for less than 4000 rubles.
So if the bank offers insurance and you agree with it the need to start look at the prices of insurance companies.
Federal Law N 353-FZ "On consumer credit (loans)"The lender must provide the borrower consumer credit (loan) on the same (amount, term of repayment of consumer credit (loan) and interest rate) conditions, if the borrower has insured his own life, health or other insurance in favor of interest a creditor of the insurer according to the criteria set by the lender in accordance with the legislation of the Russian Federation.
That is, if the insurance need, draws its own, rather than through the bank. Save a considerable sum. If the bank refuses to accept "foreign" policy, using two arguments: ruling Prime number 386 and the federal law N 135-FZ "On Protection of Competition". They say that you have the right to choose the insurance company.
There is also a pitfall here. The insurance company must be accredited by the bank, otherwise you will have to prove that it meets the requirements of the bank to the insurance companies. A list of these organizations can be obtained from the bank's representatives.
But what if the insurance is useless?
Read, read and read again
Look at the tape and reviews complaints Banki.ru portal: it pops up every 10-15 minutes on the complaint imposed on insurance. More sad situation looks, if these reviews to read. The vast majority pay for unnecessary insurance find it at home when the documents are signed. The Treaty does not read, just to sign.
A few words about what this means.
- Some bank employees do not say a word about insurance, which is included in the loan. Just on the printed form of the contract itself, put a checkmark in "I agree to voluntary insurance under such a program." This is a flagrant violation, but when you fasten a paper signature to prove anything will be difficult.
- Operators can sooobschat not all the information. For example, promised to return the insurance in case of early repayment of the loan or after the DisclaimerBut the contract will be stated that the insurance does not come back. options omissions different, but the response to the claims of the same: "You signed the contract, then the terms of the familiar."
- The insurance may be included in the loan amount and increase the overpayment of more than 10%.
You can prove you did not know anything, but signed the agreement solves everything. It is better to spend an hour on a rereading of securities than the time and money - imposed on the service.
Some of the employees in the first place, just do not know the terms of the contract. A portion of intentionally mislead you, to fulfill the plan for additional services. Operator words have no weight in comparison with the papers.Never rely on the words of the operator or other employee of the bank that the insurance does not affect the rate that its sum will be returned or that the insured can only be in one company.
Can a bank refuse
If the bank pre-approved credit, often it is already included insurance. Therefore, if you receive a message that you are offered to get the money, first talk to an operator and ask them to recalculate the credit without insurance.
If you answer that a loan without insurance is not possible, please contact the law (Link - the document in the version in force on 26.04.2016).
Federal Law N 353-FZ "On consumer credit (loans)"The lender is obliged to offer an alternative option to the borrower consumer credit (loan) on comparable (amount and term return of consumer credit (loan) terms of consumer credit (loan) without the need to sign the contract insurance.
That is, you must recalculate the loan and the amount of an overpayment by excluding the insurance. What comes out in practice? Often after such calculation Bank simply refuse to issue funds. To deal with this difficult, because the bank is free to decide who refuse to pay, and for what reason.
In this case, try to take a few steps.
- Go to another operator or to another bank branch. Or discuss the issue with the employee who has more authority. Sometimes a "local" operators are working strictly on internal instructions and fear from her retreat. Told to do insurance - do. A more proactive employees with larger powers take a different decision.
- Write a complaint to the bank. Describe the situation with reference to the law, request a written justification of failure. All paper is made in duplicate, to have on hand was case number and signature of the employee who accepted it. Call the bank and staff rush to the consideration of the claim, leave reviews on the Internet: as you increase the chances of a positive decision, if the bank is worried about the image.
- When you have your hands on the bank's response, you can complain to the above - the Federal Antimonopoly Service and the Federal Service. Another tool - Internet reception Bank of Russia, where you can leave a complaint in electronic form.
- Think, and whether you need to do to register a contract with a bank that behaves unscrupulously. Look for other credit institutions.
The fact is that without the insurance contract with the bank often loses its appeal: for example, sharply increased the interest rate, the loan is more expensive than with insurance. Sometimes it is necessary to collect more documents, but to find a bank with transparent terms and conditions.
What if the insurance has already imposed
The imposition of insurance - is a violation of the law on consumer protection.
RF Law N 2300-1 «On Protection of Consumer Rights"It is forbidden to make the acquisition of certain goods (works, services) must purchase other goods (works, services). The losses caused to the consumer due to the violation of his right to free choice of goods (works, services) shall be reimbursed by the seller (executor) in full.
If you already have issued a contract and then saw that part of the approved money went to the insurance, you can still have time to terminate the insurance contract. according to instructions of the Bank of Russia from 20.11.2015 N 3854-U, You have five days from the date of concluding the insurance contract to ensure that it dissolve and recover the premium paid. True, the return policy depends on the characteristics of the contract.
Problems can arise if you entered into a contract not directly with the insurance company and the bank are connected to the collective insurance scheme. In this case, you are not just paying the insurance premium, but also a commission to the bank for the opportunity to participate in this program. The Commission may take up to 50% of your payment for the insurance, but in terms of the agreement the bank can not return it. This is not to mention the fact that the return of the Commission subject to PIT.
As corny as it may sound, to protect themselves can only carefully read the documents that you sign the offer. Complain and defend their rights, of course, necessary. Moreover, often the problem is solved in a dialogue with the head of the service you are the manager. But complaints are not always effective, defending their rights will take a lot of time, and credit is often needed "today".
From mid-May, insurers will be required to include in the contract a condition of a "cooling period" that will allow for the return premium for most insurance contracts with virtually no losses. The main thing for five days to understand that such an agreement is concluded.
Dmitry Zhukov
When all else fails and the bank refuses to meet, try to influence it complained to the Federal Service. The address you need to describe the situation in detail and ask the bank to attract liability under article 14.8 Code of Administrative Offenses. These allegations need to make the maximum number of documents that you have in your hands: copies of contracts, policies, and so on.
You can also contact the prosecutor's office, and then - to the court. That's just no one can guarantee that this treatment will lead to a positive solution. We have already said that the signed agreement - a much more effective argument than all complaints.
Therefore it is better how to think at the stage of conclusion of the contract, not to be excruciatingly painful for the wasted cast money.