1. First and foremost, in order to increase the credit rate to the borrower, the bank must notify in advance of its proper way (as a rule - this letter. Change conditions of the loan contract. So, let's say you were lucky to get so-called "message of happiness" - so, by the way, already dubbed the notification from the bank to raise interest rates. Most-bank messages - a common message, delivered to you at the wrong time (later than 2 weeks. To change rates). If this your situation, then you are not notified properly and the improper notice does not give the bank the legal right to start counting 30 days, during you must (as said the bank), or agree to its terms, or for 2 weeks to repay the loan entirely.
2. Let's say you still have "Message of happiness" on time and in your credit contract actually has a point on which the bank has the right to change interest rates. However, the arguments Ukrainian banks that lead to the notification letter did not contain sufficient legal and economic feasibility. Because we write a message to the bank with a request to disclose the mathematical dependence of m / s from the arguments and the increasing cost of credit, please provide a calculation of the estimated the cost of credit, to inform about events that may affect changes in credit conditions and provide a formula for change interest rate. Until such time as the bank does not provide you with all information requested, the lawyers advised not to sign an additional agreement bankiobychno which attach to the "chain letter". Your vstrechnoeposlanie bank must accept and register (stamped with an incoming number) that they should not go unanswered.
sending a message to continue paying the old rate, calculating the monthly payment amount on their own. In the case of If a branch of your bank refused to accept payment under the old rate, required to issue this refusal in writing or by the back-up message to a claim a bank with a request to submit a document by which you change your bid.
3. Along the way, write a message to the National Bank and a complaint to the Office protection pravpokupateley residence. Here, however, there is a nuance: the authority of management is very limited when working with financial institutions. However, limited - not to say no. The more complaints, the more will move our "protectors".
5. At the same time it is possible to call on Hotline NBU (Phone 230-19-60), which, though devoted to the deposits, but your call for a different topic will also have to respond within 10 days. You are given a minute to present indeed difficult. If you have an adequate supply of patience, you can attend a reception at the public reception of NBU (first Tues months)..
6. For the most insistent Borrowers will prompt even a method to achieve justice - persistently ask for the answer to your message can be in the Directorate for banking regulation. Curious thing: to break through the barrier secretaries is in receiving an individual is almost impossible, you must provide any other phone (We, for example, gave a similar number - 253-43-34. On the question of why this issue receiving so much a secret, dispatchers answered "we are told not to tell anyone"). Correct room still managed to extract. Hungry for justice can disturb Mr. Kireev, director, and to seek responses to the National Bank of Commercial Banks at (044) 256-02-31.
7. Distributed to the case where the credit relationship holds bail. If you carefully read the article 559 of the Civil Code, there is noted that the guarantee is terminated when the change commitments surety, because of what the growing amount of its liability. From time to time specifies the case where the cost of credit for the changes required the consent of the surety - if and surety can write a message in Bank to protest against rising rates. The variant, when the guarantor's obligations remain the same, the amount of the loan grows only just for klienta.Odnako, unfortunately, on such legal technicalities when signing the loan contract, pay little attention. Yes, and often the client does not much of a choice: do not like something in a contract - Do not sign.
8. If after all the previous steps the bank is not going to meet you, then you should contact the court. In this case, lawyers hasten to recommend to the court I-mi, and not wait until it makes the pot. Often, the contracts stipulates that all disputes can be resolved in arbitration court, from time to time specify even the names of the judges. Expect a favorable outcome for yourself then the client can hardly be (for example, in one "social" Bank of the adjudicator is an indirect relative of the head of the legal department!) Because you need to do a situation in which one party will be a public institution. For this purpose, for example, call the Office of Protection of the Rights of buyers and persistently request that a lawsuit against the bank was filed on behalf of the Office (arbitration courts have no right to consider cases where a party favor government agency). On assurances of counsel of the company "DU-Partners" Igor Hasina most effectively appeal to the court to declare the credit contract null and void in so far as it obliges the borrower in case of disagreement with changes in the terms of the contract within a certain period to repay the loan in full. "Responding to such an action would lead the parties to the usual mutually beneficial relationship in which the change in contract terms, including interest rates will only be possible by agreement or in the presence of Bank sufficient reasons to do "- utverzhdaetzaschitnik.
Here too, we note that recently one of the Crimean courts have already considered the case to raise rates credit on the suit against the entity Ukrsotsbank. And ruled in favor of the plaintiff. Although since in Russian law is not a precedent, then to assert own position to sue is required in each case. And now to proceed or wait until the bank will own the customer "credit slave ", any time raising the stakes so far as he pleases - is specifically for each borrower.
The main thing is clear - it makes sense start a dialogue with the bank. Where it will happen - in court or in the office of your credit manager - no longer so important. It is important to demonstrate that clients have pravonastoychivo ask to have their views taken into account the situation and did not consider the silent crowd, not knowing their rights and who knows how to defend them all available legal means. Otherwise the banking lobby under the guise of drag c / o the Verkhovna Rada of a package of laws on the simplified procedure for the removal of mortgage without a court order, and then dozens, and it may be, and hundreds of thousands of families remain without a roof over your head ...
PS. When the material has already been written, it became known that Rada passed a bill № 3343 "On Amendments to Legislative Acts of Ukraine votdelnye (relatively ban banks to change the terms of the contract of bank deposit and loan contract unilaterally). "Although this is essentially little difference. In the first place, therefore, that the law will not rule on his back action, ie prohibition on the unilateral lifting interest rates on loans does not apply to previously signed agreements m / s from the bank and the borrower. It turns out that this Law Council simply reaffirmed, and so the existing articles of the Civil Code of Ukraine (including Articles 652, 654, 1055). And secondly, so that the law is likely to be vetoed by President ... In essence, borrowers who received loans before, and will remain almost defenseless against the bank arbitrary, the choice is still small: to pay higher rates to defend their rights in court or to say goodbye to the pledge.
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