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What usual behaviour of the borrowers who have got in inconvenient position?
— Practice of debt agency " NIRGOS " shows, that at all all the borrowers who have got in an inconvenient financial situation, are capable to estimate soberly consequences and to make adequate decisions. Many consider to not leave for the best on communication with bank, to disconnect phone, to change a place of residing and so on. However the assumption that the bank will forget and will forgive a duty, is greater error. Actually, if the financial situation of the borrower has changed and the opportunity of duly entering of payments has disappeared or solvency is temporarily lost, the optimum decision is the reference in bank and joint search of an output from the developed situation. In similar cases it is important to borrower to not lose touch with the creditor because at presence of the powerful reasons banks, as a rule, go on dialogue about a delay of payment or revision of the schedule of payments due to increase in term of the credit, reduction of the sum of monthly payment and other. If the borrower ceases to pay money under the credit and disappears from a field of vision of the creditor the bank classifies it as the defaulter, penal sanctions for delay are charged in full and if attempts of bank to contact the debtor do not lead to desirable result, work with it is transferred collectors.
What actions the bank for the decision of a problem of the delayed debts can undertake? Whether it is possible to extinguish it, not resorting to court?
— Considering significant volume of the delayed debts which have formed at physical persons before the credit organizations, a variety of the reasons of its occurrence (from notorious irresponsibility before abolition of the credit organization or leaving from a life of the borrower) and necessity of management of the formed problem actives, it is meaningful to mention such possible decision, as re-structuring of a duty. Practice of re-structuring cannot be named regular, however precedents are. They consist that at the reference in bank of the debtor having the delayed credit and ready to bring powerful payment on account of its repayment, with the request to reconsider the sum is long bank can to go for discussion of individual conditions of return of a duty and partial write-off of penal sanctions, in case of if the reason of formation of debts is objectively serious.
What else there are variants of pre-judicial work with debtors?
— As the possible mechanism, allowing to avoid a default, it is possible to name also refinancing (differently). We Shall imagine a situation, that the borrower has issued the credit, then by virtue of the different reasons it did not have an opportunity it to serve. It for a long time was beat out from the schedule of payments, the duty constantly increases due to charge of penal sanctions for delay, it receives constant reminders on necessity to extinguish debts, probably, work with it is already transferred by bank in êîëëåêòîðñêîå agency, it lives in a constant pressure. Having corrected a financial position, such borrower has an opportunity to take the credit in other bank, having confirmed the actual income, with the purpose to extinguish the previous credit. Advantage of such decision consists that it allows to extinguish the delayed credit so, to stop charge of penal sanctions, to relieve itself of dialogue at a level « the debtor — the creditor », to coordinate the new schedule of payments and to issue a loan on more favourable conditions. However it more likely an exception to the rules as not any bank can grant a loan to such borrower. Besides this history can have a underside when the borrower, incorrectly having calculated the forces, has received the credit under less favourable conditions and can aggravate the situation only.
Recently the concession of the rights of the requirement under the credit contract one creditor to another even more often practises. It can cause what consequences for the client of bank?
— In such circumstances the borrower, naturally, is set by questions: whether have the right to concede bank the rights of the requirement without the consent of the debtor, than it will turn back for it, whether conditions of the credit contract after change of the creditor will change, whether the debtor in bank can continue to pay? However under the law the concession of the rights of the requirement does not demand the consent of the debtor. Thus change of persons in the obligation does not change treaty provisions. At the same time attitudes of the debtor and bank regarding payment of debts stop, therefore the debtor is obliged to list money resources to the new creditor.
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