The content of the article
- What is credit insurance?
- Compulsory insurance
- Voluntary insurance
- Regulatory Law
- Is it possible to return a loan insurance
- When is it impossible to return the sum insured
- What documents must be provided to the insurer
- How to return loan insurance in the first 5 days after signing a loan agreement
- Features of the procedure for collective agreements
- Early repayment of insurance
- How to return money for credit insurance after a “cooling period”
- Application for insurance return to the bank
- Going to court
When applying for a loan to many potential borrowers, the bank offers to conclude an insurance contract. If it is impossible to calculate the client’s debt, the insurance company must close its debt to the bank. Often the opposite situation occurs, bona fide payers have questions: with early repayment of debts, is it possible to return insurance on a loan to an insured borrower, can a bank or insurer return money on request and to what extent?
What is credit insurance?
Before you return the insurance premium on a loan, you need to understand the essence of such insurance. In order to reduce its own risks of non-repayment, the bank offers the client applying for credit resources to conclude an insurance contract. When agreeing to such an offer, it is necessary to distinguish between voluntariness and obligatoriness of the insurance service that accompanies a consumer loan, because the borrower pays considerable amounts for each policy.
Legislatively, the insurance condition accompanying the receipt of a loan is not necessary for the borrower and remains his voluntary choice. However, there are exceptions. When providing property as collateral for a loan, a pledge is surely insured under the following types of loan agreements:
- Car loans. When applying for a car loan, a credit institution has the right to oblige the borrower to issue a CASCO for the purchased vehicle.
- Mortgage credit lending. When issuing a loan secured by real estate and obtaining a mortgage loan, the security is protected by insurance.
Other types of insurance that accompany the conclusion of consumer lending for the borrower are voluntary. Credit insurance can be collected under the following types of agreements (as a rule, credit institutions impose insurance on them):
- life and health of a citizen (death, disability, disability);
- job losses;
- title insurance for mortgages;
- financial risks;
- other property of the borrower other than the car and real estate.
Starting from June 1, 2016, the conditions changed in favor of the borrower with respect to voluntary insurance are in force, and the individual has the opportunity to return the money by terminating the imposed insurance after the loan has been paid. Legislatively, this is documented:
- Decree of the Central Bank of the Russian Federation No. 3854-U “On Minimum (Standard) Requirements for the Conditions and Procedure for Implementing Certain Types of Voluntary Insurance”;
- Civil Code of the Russian Federation (Article 343);
- Federal Law No. 353 “On Consumer Credit (Loan)” (part 10, article 7);
- Federal Law No. 102 “On Mortgage (Real Estate Mortgage)” (Article 31);
- Federal Law No. 4015-1 “On the Organization of Insurance in the Russian Federation” (Article 3, paragraph 4).
Is it possible to return a loan insurance
According to the new rules in the field of credit law, the bank should not insist on completing additional services. However, there are two different situations: the cancellation of the insurance contract preceding the receipt of the loan, and the return of insurance after the loan is paid. In both cases, the citizen has the right to refuse the service, and even after concluding a contractual relationship with the insurance company. However, financial institutions are in no hurry to pay out insurance on loan obligations.
When is it impossible to return the sum insured
Despite important changes for the insured borrowers, there are a number of situations where the question of how to return insurance after a loan is paid remains a problem and is often resolved in court:
- Terms of conclusion of the contract. The rules in force from 06/01/2016 apply to new contracts. It is not possible to receive compensation for the cost of insurance under existing insurance contracts.
- Collective insurance. The provisions of the Law apply if a citizen concludes an agreement directly with an insurance company. If a credit organization provides a service within the framework of a collective agreement, this does not fall under a possible five-day loan insurance return.
- Choosing a loan option. If a bank offers two types of lending at the customer’s choice – without insurance at a higher interest rate or with insurance, but at lower interest rates, and the borrower chose the second option, then his decision regarding insurance is voluntary.
- Terms of the insurance contract. If the insurance conditions do not provide for the return of unused insurance for a loan upon termination of the insurance contract ahead of schedule, it is possible to repay the loan ahead of schedule, but the remaining unused remuneration will remain with the insurers.
What documents must be provided to the insurer
If you had to get a consumer loan with payment of an insurance policy imposed on you by a bank in order to return the money, contact your insurance company with a package of the following documents:
- loan agreement (original and copy);
- a statement on the refusal of voluntary insurance indicating the method of receiving payment or a statement on termination of the contract ahead of schedule and the return of insurance in the remaining part;
- bank certificate of early closure of debt (if the loan was repaid ahead of schedule).
How to return loan insurance in the first 5 days after signing a loan agreement
The Bank of Russia indicated a time period, a cooling period for the insurance and credit market regulator, and 5 working days for applying for an insurance premium. Important: in these five days the insurance can take effect, then a smaller amount is required to repay the loan insurance than was paid. If you meet the deadline, the whole process goes like this:
- Within five working days after signing the contract, the citizen applies to the insurer with a statement about the refusal of the concluded voluntary insurance contract with the designation of details for obtaining funds.
- It is imperative that the insurer obtain a visa to accept the application for consideration on its copy or send it by registered mail with a list and return notification.
- After ten days, the borrower must return the funds.
Features of the procedure for collective agreements
Collective insurance does not apply to the new rules. The peculiarity of this type is that the insured is not an individual, but a bank, and the borrower joins the contract. In this case, study the contract and insurance rules in order to familiarize yourself with other conditions for refusing insurance paid. Credit institutions and insurance companies are developing their conditions for early termination of collective insurance when the loan is repaid: the possibility of repaying money early there may not be.
Early repayment of insurance
It makes sense to deal with the return procedure if insurance premiums have been paid in advance. Insurance protection of the mortgage or life of a citizen is needed in case of a loan that has not been paid back, and if the borrower repays it ahead of schedule, then insurance can be returned after the loan has been paid in advance in the remaining part of the insurance service. In this situation, it is initially necessary to contact the bank, which has the right to send a citizen to an insurance company to resolve the issue. The application for a refund is executed simultaneously with the application for early repayment of the loan or immediately after its closure.
How to return money for credit insurance after a “cooling period”
If the stipulated five days have passed, contact the bank first. Credit insurance repayments are possible on extended periods at individual credit institutions: Sberbank, VTB24, Home Credit Bank, but not everyone is so loyal. For example, Alfa-Bank, Renaissance Credit do not offer such a service to customers. The claim sent to the bank will most likely be rejected based on the voluntary nature of the signing of the insurance application by the borrower. Then there is only a judicial way to resolve the issue, and it is advisable to seek help from credit lawyers.
Application for insurance return to the bank
As a rule, the bank and the insurer have their own ready-made samples for filling out documents. When applying to the bank, it is important that the form contains the following information:
- Title of the document;
- Name, passport information, customer address;
- date of signing;
- place of registration;
- information about the loan agreement (number, duration, amount) and repayment of obligations (date of actual payment);
- details for which you need to pay.
Going to court
This option is suitable for a small part of individuals. The current judicial experience in contesting imposed insurance services is negative, but the practice of resolving the issue in Moscow and in Russia in the same cases is different. Claims of this kind relate to the field of consumer protection, which means that the citizen chooses the place of filing the claim himself (the place of registration of the mortgage, the location of the beneficiary). That is, you can stay in a geographical region where similar court cases ended positively in favor of the plaintiff.