How not to be a debtor on the car loan after the payment
What if the Bank made a mistake in the calculations when paying on the loan
According to statistics, the majority of transactions of purchase and sale on the market of new cars in Russia is on credit. This year, the Russian market is experiencing a credit boom. Unfortunately, a car loan is the only way for the Russians to buy a car. Of course, each loan agreement imposes strict obligations on the lender in the form required monthly payment. Traditionally, for any errors, the lender pays the rouble and its credit history. But what if the mistake was made by the Bank? For example, what to do in the case where the car owner had paid the loan but still owe? I think this can not be? In vain. It appears this is not uncommon.
Recently, the Supreme court considered an interesting case concerning a dispute between a bona fide borrower and the Bank that issued him the money on the car.
So, in one of the banks a natural person received a loan secured on a car – the Bank bail was commissioned PTS. Further, the borrower agreed under the loan agreement, monthly pay for 14 000 rubles. At the end of the loan repayment, the borrower is asked to return the truck. And here began the most interesting. The Bank refused to issue a document to the vehicle owner stating that he is a debtor on the loan. How about this? Yes, our banks may be such.
Then it turned out that when the borrower has paid the last installment through the operating cash Desk of the Bank, he was posted on someone else’s credit account. The operator when receiving the payment indicated the wrong number loan contract and confuse the account number. In the end, the money went to repay another loan.
It would seem that if the cause of the error, the Bank needs to settle on their own. But there it was. You won’t believe all the attempts of the borrower to solve the problem were not successful. Bank long did not react to statements of the borrower with the request to return the documents. And then everything happened like in a fairy tale – this is getting worse. The borrower has received an invoice in 100 000 rubles, which he counted for late payment of the loan, all entitlements by agreement fines, penalties, etc. Also, the Bank sent to the credit Bureau, the negative characteristic of the borrower. Do you like history? Interestingly, repulsed the hunt Bank the creditor for the future? It is logical that the customer must have promised not to take any loans.
In the end, the poor guy was forced to go to court to oblige the Bank to return the documents, and to pay moral damage a penalty. But the thing that was demanded by the borrower is to get in the credit Bureau negative information against him, where he was listed as the debtor.
The district court ruled in favor of the borrower, obliging the Bank to return the documents. The court also ordered the Bank to report to credit Bureau the information necessary to exclude the borrower from a list of unreliable lenders. In particular, the court has collected from Bank fines and damages. You will not believe it, but the Bank disagreed with the court’s decision and challenged it in a higher court. According to the Bank, where the borrower would sign the affidavit of transfer of funds the last loan payment, he essentially gave the green light for payment. According to the lawyer of the Bank, the borrower was required to check the account number on the statement and loan agreement number in the column “purpose of payment”. The Bank according to the legislation – just the executor of the will of the client.
The most surprising was on. The superior court reversed the decision of the district court, adopting a new decision in favor of the Bank. In the end poor borrower has had to go to the Supreme court, seeking restoration of its legitimate rights.
Fortunately, the Supreme court has restored justice, standing on the side of the borrower.
As you know, the debt was formed due to the fact that the last loan payment went to another account. Hence the account of the borrower has a debt that accrued interest because of delay in monthly payment under the loan agreement.
As a result, for several years until the Bank ignored the demands of the borrower to return the documents on the car, ran up fines of 100 thousand rubles.
According to the armed forces, for the proper resolution of the dispute in the lower court the judge had to establish what actions the Bank for the payment order “will be the proper carrying out of its obligations”.
The Supreme court noted that the mistake in filling out documents was carried out by the Bank employee. But the appeals court this information is not checked.
The armed forces also reminded the court of appeal on good faith behaviour parties to the transaction. After all, conscientiously fulfill the contract needs both parties. But the Bank for some reason has not behaved properly, not informing the borrower that his last payment was not credited to the loan account. In the end, the Bank has not heard from in almost two years for which the credit account of the borrower a debt for overdue loan payments.
In the end, the Supreme court overturned the recent decision of the court of appeal and sent the case for retrial.