How and when the bank can worsen the conditions for loans and deposits

Potential bank customers, especially those who decide on a loan, are often scared that they are in bondage. Like, the institution only needs to get your signature, and then it will twirl and twist you as it pleases.

This is not entirely true. In lawLaw of the Russian Federation of February 7, 1992 No. 2300‑1 (ed. dated 07/14/2022) "On Protection of Consumer Rights", Article 16 "Inadmissible terms of the contract that infringe on the rights of the consumer, prohibitions and obligations imposed on the seller (executor, owner of the aggregator)" unilaterally, the bank can only improve, not worsen the conditions. And if he decides to take advantage of some loophole, court usually takes the side of the consumer. So, one of the banks changed not even the conditions for the cards, but the number of passes to the business lounges of airports for their holders. And the Supreme Court recognized it illegalRuling of the Supreme Court of March 23 No. 33-KG20-6-K3.

But there are situations when the bank can still worsen the conditions, and this will be quite legal. That's what he's allowed.

1. Raise the rate if you have not paid the next loan insurance

Banks do not have the right to impose insurance if it is not required by law. But they can motivate a client to buy a policy by offering a lower interest rate on a loan. If the debtor agrees to these terms and then decides not to renew the insurance, the rate have the right to raiseFederal Law of December 21, 2013 No. 353‑FZ “On Consumer Credit (Loan)”.

True, a clause on a possible change in conditions must be included in the contract. They also indicate what the rate will be in the absence of a policy. So for those who reads documents carefully, there will be no surprises.

2. Raise the loan rate if it is floating

If the contract specifies a fixed rate, such as 10%, then it should remain so. But there is also a floating option - a figure that can change. However, she does not do this at the request of the manager: she is usually tied to some indicator - key rate or something similar.

Accordingly, such nuances are also prescribed in the contract and changes cannot occur randomly. The bank adjusts the conditions on its own, but the client was warned about this in advance and agreed to this.

3. Reduce the rate if you keep money in a savings account

Savings accounts are good for their flexibility: you can withdraw or deposit money at any time, and interest is usually paid every month. But the bank can also use this flexibility - to lower or raise (this also happens) the interest rate. True, not in hindsight. It will not happen that after a month the bank decides to pay not 7% ​​per annum of savings, but 4%. But he is quite allowed to change the bid for the next month and notify you with a push message.

4. Lower your credit card limit - almost anytime

Usually, the contract provides for the right of the bank to change the limit on credit card. The list of reasons for this can be closed or open. In the first case, you will know exactly why a smaller amount of debt is available to you. In the second, the bank leaves itself room for unexpected maneuver. The limit may be reduced due to an overdue payment or, for example, because a person rarely uses a card.

5. Degrade conditions with your consent

The previous situations implied nuances and restrictions, but there is a case when a bank can change the contract almost as it likes. But only if the client agreed.

And here some institutions went to tricks. For example, they could publish other conditions on their website and write that consent is considered some action - for example, using a card. But he closed the shop Supreme CourtRuling of the Supreme Court of January 18, 2022 No. 45-KG21-24-K7. Acceptance, that is, the adoption of new rules, must be complete and unconditional, the department considered. The confirmation action cannot be random.

And to agree or not is already the right of the consumer.