Why should a loan agreement be read before it is concluded? Many borrowers sign it without even reading it. This is a big mistake. The loan agreement is the most important and most important document related to loans. It should be read carefully, completely inside and out, and more than once. What should be written in it, how to terminate the agreement on a Sberbank credit card, read on.
Sberbank credit card agreement: basic provisions
For each individual agreement, Sberbank applies the general conditions that are valid on the date of its conclusion. Follow the link - Universal Banking Service Agreement. The bank also sets individual conditions, which reflect the following parameters:
- card type;
- currency of the credit account;
- credit limit (in account currency);
- credit term;
- % bid;
- % rate during the grace period;
- min. monthly payment.
The loan agreement describes the procedure for issuing, re-issuing, returning and recycling a credit card, as well as the possibility. More specific parameters can be found at a Sberbank branch before signing a loan agreement.
What clauses of the agreement on a credit card of Sberbank, as well as other banks, should you pay attention to first of all:
- ; the bank may limit this right for up to 6 months;
- the amount of principal that you will repay on an ongoing basis;
- various commissions;
- participation of third parties;
- availability of insurance payments;
- ways to resolve controversial situations;
- the possibility of changing interest rates unilaterally;
- conditions under which the bank has the right to repay the loan ahead of schedule;
- entry in small print.
Sberbank credit card agreement: sample
You will not find a standard sample agreement in electronic form on the Sberbank website. The paper version is provided at the bank office itself. It reflects the following main points:
- Subject of the agreement.
- Rights and obligations of the parties.
- Loan collateral.
- Special conditions.
- Responsibility of the parties.
The agreement is considered terminated after the credit account is closed. The law does not provide for restrictions on the client’s rights on the part of the bank to terminate the contract.
Procedure for closing a credit card account:
- First find out if there is any debt.
- Fill out the application form for closing a credit card. After the bank reviews the application and closes the plastic account, it will inform you about this via SMS. The application processing period is 45 days, as recommended by the Central Bank. This is necessary to resolve disputed transactions and pay off debts.
- Obtain from the bank a document confirming the closure of the account and termination of the loan agreement. The certificate must contain information about the absence of debt to Sberbank.
- Also take care to disable paid services on the card. Otherwise, a commission will be charged for these services.
PERM REGIONAL COURT
Judge Vyatkin D.M.
The Judicial Collegium for Civil Cases of the Perm Regional Court, consisting of: Presiding Judge N.V. Kiseleva, Judges Kuznetsova G.Yu., Fomin V.I., with Secretary K.,
considered in open court in Perm on September 5, 2012 the case on F.’s appeal against the decision of the Leninsky District Court of Perm dated June 22, 2012, which decided:
"To collect from F. in favor of a closed joint stock company<...>86,996 rubles 03 kopecks as debt under the loan agreement; 4,022 rubles 90 kopecks as reimbursement of expenses for paying the state duty, the rest of the claim is rejected."
Having heard the report of Judge V.I. Fomin, the explanations of the defendant F., the representative of the defendant B., having studied the case materials, the judicial panel
Installed:
Company<...>(hereinafter referred to as the Bank) filed a lawsuit against F. for the collection of debt under the loan agreement in the amount of 147,107 rubles 76 kopecks as of March 30, 2012. The stated requirements are motivated by the fact that on November 20, 2009, a loan agreement was concluded with the defendant under the terms of which the Bank provided the borrower with funds in the amount of 286,000 rubles for a period of 36 months, with interest paid for using the loan in the amount of 21.9% per annum. When fulfilling the terms of the loan agreement, the defendant repeatedly missed deadlines for repaying the principal debt, paying interest and making other payments stipulated by the agreement.
The plaintiff's representative insisted on the claim at the court hearing.
The defendant did not appear at the court hearing.
The defendant's representative did not admit the claim.
The court made the above decision.
In his appeal, F. asks the court's decision to be annulled as illegal and unfounded. Believes that the court made an unfounded conclusion about the conclusion of a loan agreement between the parties. The defendant only filled out the questionnaire and application offered by the bank employees; she did not sign the loan agreement and did not receive credit cards. F. learned that the Bank had provided a loan in 2012, when she received a letter from the bank about the repayment of the loan. Until 2012, the defendant did not receive any letters, notifications or other types of documents from the Bank. The form filled out by F. cannot be considered a loan agreement because does not contain essential terms of the contract. The parties did not agree on a loan repayment schedule. The defendant did not receive the bank’s offer to enter into a loan agreement; she had no intention of receiving a loan.
Having checked the case materials, listened to the explanations of the persons who appeared, discussed the arguments of the appeal, and checked the legality and validity of the decision of the trial court within the limits of these arguments, the judicial panel finds the complaint to be satisfied on the following grounds.
According to Art. 820 of the Civil Code of the Russian Federation, the loan agreement must be concluded in writing.
In accordance with Art. 808 of the Civil Code of the Russian Federation, a loan agreement between citizens must be concluded in writing if its amount exceeds at least ten times the minimum wage established by law, and in the case where the lender is a legal entity - regardless of the amount.
The court established and the case materials confirm that on November 20, 2009 F. appealed to the JSC<....>for obtaining a consumer loan, in connection with which F. filled out a client questionnaire and an application for a loan, in which F. asked the JSC<....>enter into an agreement with her to provide a loan in the amount of 286,000 rubles, if the bank approves the loan, credit the loan to her current account with the bank, and if it is impossible to carry out the above operation, open a current account in the loan currency in her name and credit the presented funds to it credit funds, carry out its servicing in accordance with the General Conditions for servicing accounts, deposits and consumer loans of citizens.
Plaintiff ZAO<....>opened a current account in the name of defendant F. and on November 24, 2009, 286,000 rubles were credited to it.
These circumstances were not disputed by the parties at the court hearing.
In accordance with paragraphs. 2, 3 tbsp. 434 of the Civil Code of the Russian Federation, an agreement in writing can be concluded by drawing up one document signed by the parties, as well as by exchanging documents through postal, telegraphic, teletype, telephone, electronic or other communications that make it possible to reliably establish that the document comes from a party to the agreement.
The written form of the agreement is considered to be complied with if the written proposal to conclude an agreement is accepted in the manner provided for in paragraph 3 of Art. 438 of this Code.
By virtue of clause 3 of Art. 438 of the Civil Code of the Russian Federation, the commission by the person who received the offer, within the period established for its acceptance, of actions to fulfill the terms of the contract specified in it (shipment of goods, provision of services, performance of work, payment of the appropriate amount, etc.) is considered acceptance, unless otherwise provided for by law, other legal acts or not specified in the offer.
By filing a claim, JSC<....>referred to the fact that on November 20, 2009, the parties entered into an agreement on lending in offer-acceptance form.
The plaintiff accepted the defendant’s offer set out in the loan application dated November 20, 2009.
Clause 2.13 of the loan application dated November 20, 2009 stipulates that acceptance of this proposal to conclude a loan agreement (hereinafter referred to as the Proposal) will be the bank’s actions to credit the loan to the account. The loan agreement comes into force from the moment of acceptance of the Offer and is concluded for an indefinite period.
The borrower must be informed about the loan terms approved by the bank by a bank employee by telephone (clause 2.10 of the loan application).
According to clause 2.10. application for a loan F. asked to be given a Visa Electron/Visa Electron Express bank card.
In resolving the stated demands, the court of first instance did not take into account the defendant’s arguments that the plaintiff did not provide evidence of the conclusion of the loan agreement, and did not provide any information regarding his consent to conclude the agreement to the defendant.
In accordance with Art. 432 of the Civil Code of the Russian Federation, an agreement is considered concluded if an agreement is reached between the parties, in the form required in appropriate cases, on all the essential terms of the agreement.
Essential are the conditions on the subject of the contract, the conditions that are named in the law or other legal acts as essential or necessary for contracts of this type, as well as all those conditions regarding which, at the request of one of the parties, an agreement must be reached.
An agreement is concluded by sending an offer (offer to conclude an agreement) by one of the parties and its acceptance (acceptance of the offer) by the other party.
The offer must contain the essential terms of the contract. The offer binds the person who sent it from the moment it is received by the addressee (Article 435 of the Civil Code of the Russian Federation).
In accordance with paragraphs. 1, 2 tbsp. 438 of the Civil Code of the Russian Federation, acceptance is the response of the person to whom the offer is addressed about its acceptance. Acceptance must be complete and unconditional. Silence is not acceptance unless otherwise follows from the law, customary business practice or from previous business relations of the parties.
When resolving the dispute, the plaintiff pointed out the fact that the defendant sent an offer to conclude a loan agreement with the bank, in confirmation of which he provided the court with an application for a loan.
Meanwhile, clause 2.10 of the loan application contains the condition that the borrower must be informed by a bank employee by telephone about the terms of the loan approved by the bank.
There is no evidence in the case materials that the specified condition was fulfilled by the bank.
When an offer is made, for a contractual obligation to arise, it is necessary not only that it be accepted, but that the acceptance be communicated.
Since the plaintiff did not inform the plaintiff of his acceptance of the offer, the acceptance is not perfect.
Provided in clause 2.13. F. should have received notification of the account number and the terms of the loan approved by the bank in addition to informing the client by telephone.
Since the defendant in this situation was not notified of the acceptance in the manner specified in the offer, did not know about the bank account opened in her name, a bank card was not issued to her and was not activated, F. did not receive or use funds, the judicial panel comes to the conclusion that the loan agreement between the plaintiff and the defendant cannot be considered concluded.
The plaintiff did not present to the court any evidence confirming the existence of a credit relationship between the parties, while the obligation to prove the conclusion of a credit agreement, based on the general rule for the distribution of responsibilities for proof, established by the provisions of Art. 56 of the Code of Civil Procedure of the Russian Federation, is assigned specifically to the plaintiff.
Under the stated circumstances, the decision of the Leninsky District Court of Perm dated June 22, 2012 cannot be considered legal and justified and is subject to cancellation.
The panel of judges considers it necessary to make a new decision in the case to deny the claimant ZAO<....>in satisfying claims.
Guided by Art. 199, 328 Code of Civil Procedure of the Russian Federation, judicial panel
Defined:
The decision of the Leninsky District Court of Perm dated June 22, 2012 is cancelled.
Make a new decision in the case to refuse to satisfy the claims of the company<....>to F. for the collection of debt under a loan agreement in the amount of 147,107 rubles 76 kopecks.
Tinkoff is a bank that operates entirely on the Internet. Since 2006, it has regularly confirmed its high reputation and received several thematic awards. Currently, Tinkoff offers credit cards and various loans (consumer, mortgage and real estate secured). The Tinkoff credit card agreement is posted on the bank’s official website and is provided to the client upon receipt of the loan product.
Terms of service
A potential bank client aged 18-70 years can apply for a credit card by submitting. The only documents you will need are an application form and a passport. The client must also confirm the presence of permanent or temporary registration in the Russian Federation.
You don't need to provide proof of income or employment to get a credit card, but these documents can have a significant impact on your credit limit. Therefore, it is recommended, whenever possible, to document your solvency.
Annual card maintenance costs 590 rubles. Interest rates, depending on the method of use, range from 12.9% to 49.9%. All cards offer a grace period of 55 days. The available maximum limit, depending on the type of card, reaches 300 thousand - 1.5 million rubles. Annual maintenance cost from 590 to 1890 rubles. in year.
The monthly minimum payment is 8% of the debt, but not less than 600 rubles; its exact amount can be found on the website or in the mobile application. For cash withdrawals, a commission of 2.9% plus 290 rubles is provided; these funds are also subject to a higher rate, and the grace period does not apply to them. Tinkoff Bank offers many card options with various bonus programs.
Procedure for concluding an agreement
On the bank's website you can choose the credit card that suits you best. You can visit Tinkoff Bank online through the official website of the credit institution. If you meet all the bank’s requirements, a specialist will call you back the next day with clarifications on the agreement. The standard review period is 1-2 days, but if additional verification is necessary, it can be extended. The card will be delivered to your home or office free of charge.
The Tinkoff agreement is offer, that is, it is automatically accepted by the client when performing an action considered acceptance. (For a credit card, this is its activation or the first transaction). After this, the contract is considered concluded. Its text is on the official website, and is also delivered free of charge along with a credit card to the address specified in the application form.
Features of the agreement
As part of its customer service, Tinkoff enters into a universal comprehensive banking service agreement. Its components are private types of agreements, including a credit card agreement. In the first case, the general working conditions are described, and in the second - everything that relates specifically to credit cards.
Universal agreement contains the following information:
- decoding of common terms;
- conditions for accepting the offer;
- rights and obligations of the parties (conditions for the use and provision of personal data, rights to assign claims and withdraw from the contract);
- remote service procedure;
- the possibility of changing and supplementing conditions;
- liability for failure to fulfill obligations and methods of resolving disputes.
You can familiarize yourself with the sample agreement before filling it out in the appropriate section of the official website.
The loan agreement contains several sections describing the procedure for interaction between the bank and the client, the formation and change of tariffs and conditions, and liability for failure to fulfill obligations.
The contract begins with terms and definitions. Here the basic concepts within lending are explained. In particular, such important ones as credit limit and minimum payment.
The following are the main provisions: the procedure for concluding a contract and canceling it. You can refuse by written request. Also, the bank itself can cancel the action if the client has not made a single transaction within six months from the date of opening. Changing the tariff is possible only with the consent of the client, but such consent, among other options, is accepted as a debit transaction.
The section “Issue of a credit card” specifies the procedure for issuing and issuing cards. The client can order an additional card in addition to the main card. The card is delivered to the client with a PIN code, but not activated. At the end of the validity period, re-issue is made at the discretion of the bank, and an application from the client is not required.
Next comes the “Transactions and Payments” section, which describes the procedure for performing various transactions. Among other things, here are the conversion conditions when paying for a loan in a currency different from the main one for this credit card. The agreed payment methods for the loan are cash, through an ATM or Internet banking.
In the section “Providing and servicing a loan” you can find information about loan repayment. You will receive a monthly invoice indicating the minimum payment. You can set the date on which the invoice statement will be generated and sent to you. It is your responsibility to pay the amount above the minimum payment stated on the invoice. If the statement has not been received, you must contact the bank within 10 days to clarify the amount of payment for this month.
The “Compromise” section specifies ways to block a card if it is stolen or lost (through a call center, personal account or official application). The need to return a card that you first lost and then found is also indicated.
One of the most important is the section that describes the responsibilities of the parties, the rights and obligations of the client and the bank. The bank is obliged to notify you about changes in the situation with your credit card; you, in turn, must comply with the terms of use of it (do not forget your PIN code and do not use it when making business transactions). The section states that a credit card cannot be used to pay for goods and services related to commercial activities. The agreement posted on the bank’s website states that a bank representative can change the limit without notifying the client before the transaction is completed. If the bank feels that you have not properly followed the rules for using your credit card, a Tinkoff representative has the right to confiscate it from you.
Rules complete the agreement termination credit card agreement. An agreement terminated at the initiative of the card issuing bank is considered invalid only from the date of formation of the final invoice, which indicates the amount of the client’s debt or the amount of the latter’s funds remaining on the card.
The client can terminate the agreement by paying interest on the loan and notifying the bank in any convenient way of his decision at least one month in advance. The termination agreement (application for termination) will be issued at the bank's representative office or sent by email.
What documents still need to be familiarized with?
In addition to the contract itself, you need to familiarize yourself with other documents:
- Recommendations for card holders - guidance on correct and safe use;
- terms and conditions of loyalty programs - all existing bonus programs are described;
- transactions in other banks – those for which additional commissions are charged;
- consumer loan terms – general requirements and lending conditions;
- terms of insurance – terms of Tinkoff insurance coverage;
- card tariffs;
- rules for calculating bonuses;
- terms and conditions of the Bravo loyalty program.
Important terms and disclaimers in these documents are written in small print. Therefore, in order to discover all the pitfalls, you need to carefully read the information written in such text.
How to terminate a contract
A credit card agreement can be terminated at the initiative of the bank in the following cases:
- unreliability of the information provided by the client in the application form;
- the cardholder has not used it for more than six months (and there is no debt on it);
- failure by the client to fulfill its obligations.
The agreement also states that it can be terminated in other cases at the initiative of the bank. This generates a final invoice and sends it to the client. The termination date is the day the account was created. The bank may not send it to the client if he has no debt.
If the client decides to terminate the contract, he must notify Tinkoff 30 days in advance in writing by mail or through remote service services. At the same time, he is obliged to repay the debt and interest on it.
If there are still funds left on the card account, the client must send a return order to the bank, indicating the desired method in which this should be done. The bank may charge a commission of 2% (at least 90 rubles) for the transfer.
If you do not send such an order within 120 days from the last card transaction, the bank may keep the remaining money for itself (only if the amount does not exceed 1000 rubles). When the amount is more than 1000 rubles, the client has 3 years to return them, in the future they will be considered transferred to the bank.
Banks such as HKB, TKS, Alfa... have a good collection of clients who use credit cards without contracts... I wish all clients knew about this practice (as in the example with commissions)
Here, in fact, is the definition itself:
Case No. 33-7855
Speaker: Gordienko A.L.
APPEAL DECISION
On September 12, 2012, the Judicial Collegium for Civil Cases of the Kemerovo Regional Court, consisting of:
presiding Gordienko A.L.,
judges Grebenshchikova O.A., Piskunova Yu.A.,
under secretary T.V. Arikainen,
having considered in open court based on the report of judge A.L. Gordienko. Civil case
on the appeal of the representative of the defendant Shch.-Shch.1 against the decision of the Novoilinsky District Court of Novokuznetsk, Kemerovo Region dated May 17, 2012
in the case of the claim of Alfa-Bank OJSC against Shch. for the collection of debt under a lending agreement,
INSTALLED:
OJSC Alfa-Bank filed a lawsuit against Shch. to collect the debt under the lending agreement.
The requirements are motivated by the fact that... OJSC Alfa-Bank and Shch. entered into a lending agreement to receive credit card No. The lending agreement was concluded in offer-acceptance form, in accordance with the provisions of Art. 432, 438 Civil Code of the Russian Federation.
According to the terms of this lending agreement contained in the General Conditions for issuing a credit card of OJSC Alfa-Bank, opening and lending a credit card, the loan amount was rubles, interest on the loan was 20.99% per annum, the loan amount was subject to repayment by making monthly payments not later than the 25th day of each month in an amount of at least rubles. The number of times the loan was used was not limited.
In pursuance of the lending agreement, the Bank transferred funds to the borrower in the amount of... rubles, and the borrower Shch. used funds from the loan amount provided to him.
Currently, Shch. is not fulfilling its obligations: it does not make monthly loan payments and does not pay interest on the use of funds.
According to the calculation of the debt and the credit card certificate, the amount of Shch's debt is... rubles, namely: the overdue principal debt is 360,000 rubles; accrued interest... rubles; fines and penalties... rubles.
Taking into account the specified requirements, he asked the court to recover from the defendant the debt under the Loan Agreement No. dated... in the amount of rubles, including: ... rubles overdue principal debt, ... rubles accrued interest, ... rubles accrued penalties. To recover the costs of paying the state duty in the amount of... rubles.
By the decision of the Novoilinsky District Court of Novokuznetsk, Kemerovo Region, dated May 17, 2012, it was decided:
Collect from Shch., ... year of birth, native ... in favor of OJSC Alfa-Bank the debt under the Lending Agreement No. No. dated ... in the amount, including: - overdue principal debt; , - accrued interest, - accrued penalties.
To recover from Shch., ... year of birth, native ... in favor of OJSC Alfa-Bank the plaintiff's legal expenses for payment of the state fee for filing a claim in court in the amount of ..
In the appeal, the representative of the defendant Shch. - Shch.1 asks to cancel the court decision as illegal and unfounded.
The complaint indicates that the court did not verify the debt calculation submitted by the bank, with which the defendant did not agree.
Believes that the court, in violation of Art. 198 of the Code of Civil Procedure of the Russian Federation did not motivate his disagreement with the defendant’s argument that the loan agreement was terminated...
In addition, in the materials of the court case there is not a single document that would indicate that the terms of the agreement on the amount of penalties and interest for using the loan were agreed upon.
Indicates that when activating the card, the defendant was told over the phone that the interest for using the loan was... rub. monthly, the defendant paid these amounts.
Believes that the amount of debt should be...
OJSC Alfa-Bank filed objections to the appeal.
Defendant Shch. did not appear at the appellate court; he was duly notified of the time and place of the consideration of the case. The panel of judges considers it possible to consider the case in his absence.
At the court hearing, the representative of the defendant Shch.-Shch.1, acting on the basis of a power of attorney, supported the arguments of the appeal.
The representative of the plaintiff OJSC Alfa-Bank - G., acting on the basis of a power of attorney, asked the court's decision to be left unchanged. He explained that the documents that were sent to the defendant when concluding the loan agreement were not preserved in the bank’s archives; the defendant activated the credit card, used the loan, and is obliged to repay the principal amount of the debt, interest, and penalties.
Having studied the case materials, discussed the arguments of the appeal and objections, checked the legality and validity of the decision, based on the arguments set forth in the complaint and objections, the judicial panel comes to the following conclusion.
As established by the court of first instance, when making demands for debt collection under the loan agreement, the plaintiff refers to the fact that... OJSC Alfa-Bank and Shch. entered into a lending agreement to obtain a credit card. This agreement was assigned number No.
In pursuance of this Lending Agreement, Alfa-Bank OJSC transferred funds to Shch in the amount of ... rubles on the terms of the interest rate for using the loan - ... % per annum.
According to the calculation of the debt under the Loan Agreement No. dated..., presented by the plaintiff, the amount of Shch.'s debt to the bank, taking into account payments made to repay the debt as of... is in the amount of... rubles, of which: rubles overdue principal debt, rubles accrued interest, rubles accrued penalties.
Satisfying the claims for collection of debt under a lending agreement in the amount of... rubles, the court came to the conclusion that since Shch. received and activated a credit card, and he made payments to repay the loan, then between Alfa-Bank OJSC » and Shch. entered into a lending agreement in offer-acceptance form.
It is impossible to agree with this conclusion of the court, since it was made without taking into account the factual circumstances of the case and in violation of substantive law.
According to Art. 820 of the Civil Code of the Russian Federation, a loan agreement must be concluded in writing. Failure to comply with the written form entails the invalidity of the loan agreement. Such an agreement is considered void.
By virtue of Art. 435 of the Civil Code of the Russian Federation, an offer is recognized as a proposal addressed to one or several specific persons, which is quite specific and expresses the intention of the person who made the offer to consider himself to have entered into an agreement with the addressee who will accept the offer. The offer must contain the essential terms of the contract.
By virtue of clause 3 of Art. 434 of the Civil Code of the Russian Federation, the written form of the agreement is considered to be complied with if the written proposal to conclude an agreement is accepted in the manner prescribed by paragraph 3 of Article 438 of this Code.
In accordance with paragraph 3 of Art. 438 of the Civil Code of the Russian Federation, the performance by the person who received the offer of actions to fulfill the terms of the contract specified in it is its acceptance and, accordingly, is the proper conclusion of the contract by the parties in compliance with a simple written form.
The plaintiff did not provide evidence of compliance by the parties with the written form of the loan agreement, including the conclusion of the loan agreement in offer-acceptance form.
From the case materials it is clear that at the request of the appellate court to provide Alfa-Bank OJSC with written evidence of the conclusion of a lending agreement between Alfa-Bank OJSC and Shch., as well as documents confirming agreement with the borrower Sh. lending conditions (interest rate, lending limit, procedure for calculating penalties and fines, etc.), a response was provided about the absence of the requested documents in the Bank’s archives.
Shch. disputes that he received any information about lending (interest for using the loan, penalties, etc.), and the case materials do not confirm that defendant Shch., in the prescribed manner, accepted the terms of the lending agreement dated... No. No., and was familiar with it.
The panel of judges believes that since Alfa-Bank OJSC did not provide evidence confirming the sending of a proposal to Shch., which would contain all the essential terms of the loan agreement, such an agreement is considered void (Article 820 of the Civil Code of the Russian Federation).
The very fact that the defendant received a credit card by mail cannot be recognized as an offer in the sense contained in Part 1 of Art. 435 of the Civil Code of the Russian Federation, since there is no evidence that the defendant was sent a written proposal that contained the terms of the loan agreement.
The fact that the defendant activated the card and made transactions on the card also cannot, due to the above provisions of the law, confirm his acceptance of the terms of the lending agreement, including the size of the credit limit, interest on the loan, penalties, etc.
The documents submitted by the plaintiff to the appellate court for the defendant to receive a personal international bank card from Alfa-Bank OJSC from... (case sheets 154, 156) cannot be considered as a lending agreement from... No. because These documents were drawn up to obtain another bank card, which did not provide for a loan, and do not relate to the dispute under consideration.
Thus, the court of first instance unlawfully came to the conclusion regarding the conclusion of a lending agreement between the parties dated... for No. No. ...
Taking into account the above, the court decision cannot be recognized as legal and justified and is subject to change in accordance with paragraph 4 of part 1 of Art. 330 of the Civil Procedure Code of the Russian Federation due to violation of substantive law.
The panel of judges believes that there is no basis for accruing and collecting from the defendant in favor of the plaintiff interest for using the loan in the amount of...% per annum, penalties for late payment of interest and the loan, as well as other payments based on the loan agreement. The claim to collect interest from the defendant for the use of other people's funds was not made by the plaintiff; the plaintiff was not deprived of this right.
Since the lending agreement is void, the defendant is obliged to return to the plaintiff only the amount actually received, withdrawn from the bank card, minus the funds already deposited by the defendant.
From the calculation presented by Alfa-Bank OJSC (case sheets 62-75), it follows that the amount withdrawn by the defendant from the card for the period from... to... is 1 rub., and the amount contributed by the defendant is...
Thus, the judicial panel comes to the conclusion that it is necessary to change the court’s decision regarding the collection of debt under the lending agreement and state duty, and to collect from the defendant Shch. in favor of Alfa-Bank OJSC funds in the amount and state duty in the amount... ., in proportion to the satisfied claims.
The calculation of the representative of the defendant, according to which Shch.’s debt amounts to rubles. (ld. 135), cannot be taken into account by the judicial panel, since it does not correctly determine the amount of amounts paid by the defendant.
Guided by part 1 of article 327.1, article 328 of the Civil Procedure Code of the Russian Federation, the judicial panel
DEFINED:
The decision of the Novoilinsky District Court of Novokuznetsk, Kemerovo Region, dated May 17, 2012, is amended.
To recover from the defendant Shch. in favor of OJSC Alfa-Bank a sum of money in the amount of... kopecks and a state fee in the amount of... kopecks.
Refuse to satisfy the rest of the demands.
21 Jan 2016, 18:07 Why should a loan agreement be read before it is concluded? Many borrowers sign it without even reading it. This is a big mistake. The loan agreement is the most important and most important document related to loans. It should be read carefully, completely inside and out, and more than once. What should be written in it, how to terminate the agreement on a Sberbank credit card, read on.
Sberbank credit card agreement: basic provisions
For each individual agreement, Sberbank applies the general conditions that are valid on the date of its conclusion. Follow the link - Universal Banking Service Agreement. The bank also sets individual conditions, which reflect the following parameters:
- card type;
- currency of the credit account;
- credit limit (in account currency);
- credit term;
- duration of the grace period;
- % bid;
- % rate during the grace period;
- min. monthly payment.
The loan agreement describes the procedure for issuing, re-issuing, returning and recycling a credit card, as well as the possibility of connecting to mobile services. More specific parameters can be found at a Sberbank branch before signing a loan agreement.
What clauses of the agreement on a credit card of Sberbank, as well as other banks, should you pay attention to first of all:
- the right to early repayment of the loan; the bank may limit this right for up to 6 months;
- the amount of principal that you will repay on an ongoing basis;
- various commissions;
- participation of third parties;
- availability of insurance payments;
- ways to resolve controversial situations;
- the possibility of changing interest rates unilaterally;
- conditions under which the bank has the right to repay the loan ahead of schedule;
- entry in small print.
Sberbank credit card agreement: sample
You will not find a standard sample agreement in electronic form on the Sberbank website. The paper version is provided at the bank office itself. It reflects the following main points:
- Subject of the agreement.
- Rights and obligations of the parties.
- Loan collateral.
- Special conditions.
- Responsibility of the parties.
How to terminate an agreement on a Sberbank credit card
The agreement is considered terminated after the credit account is closed. The law does not provide for restrictions on the client’s rights on the part of the bank to terminate the contract.
Procedure for closing a credit card account:
- First find out if there is any debt.
- Fill out the application form for closing a credit card. After the bank reviews the application and closes the plastic account, it will inform you about this via SMS. The application processing period is 45 days, as recommended by the Central Bank. This is necessary to resolve disputed transactions and pay off debts.
- Obtain from the bank a document confirming the closure of the account and termination of the loan agreement. The certificate must contain information about the absence of debt to Sberbank.
- Also take care to disable paid services on the card. Otherwise, a commission will be charged for these services.
Receiving a new credit card means that the client will first need to apply for it, then sign a credit agreement, and only after that will he be able to leave the branch with new plastic in his wallet.
The Sberbank credit card agreement contains the most important information: the amount of late fees, commissions, rules for depositing and withdrawing cash, card blocking and much more.
- type of plastic card issued;
- what are the interest rates under the agreement?
- how much is the credit limit;
- features of using the grace period;
- full name and personal data of the card holder.
The agreement describes the procedure for issuing a card, its return or blocking, disposal after account closure, re-issuance, as well as the rules for using and connecting various types of services.
Additional services
First of all, these are Sberbank Online, SMS notifications and mobile banking. The contract itself is universal, so to connect all these options there is no need to conclude another contract; the selected service will be activated upon application through your personal account or it can be submitted in person at the branch.
A sample agreement for a Sberbank credit card can be found on the official website in the “Credit Cards” section. There is also information about each plastic, tariffs and conditions for its use, which are available for download and review.
After reading and signing the agreement, the client is considered the recipient and card holder.
It is not recommended to throw it away before closing the credit card, because it contains important information regarding the conditions for re-issuance or refusal of the service if the borrower is dissatisfied with the terms of service, etc. If the card is stolen or lost, using the original contract will make it easier to solve the problem.
Other terms of the loan agreement
As noted, tariffs and conditions for using plastic may vary depending on its type and the selected program. If the client receives a special offer and can receive a Gold or privileged card, the terms of the contract change slightly:
- he will be able to enjoy free annual service;
- credit card rates are reduced for him;
- The card can be issued with just a couple of documents.
With the exception of these benefits, the conditions for a Classic card and status credit cards are no longer different. Upon receipt of some cards, a Sberbank client may be asked to sign a public offer.
This means that the terms of the agreement are posted on the company’s official website and, if changes are made to them, the loan agreement in the hands of the client will also be changed.
In addition, the document describes the rules for obtaining a credit card, namely, what conditions the borrower must meet. The agreement must contain information about the rules for calculating the loan, how much you need to pay the monthly mandatory contribution and what interest will be charged for cashing out the money.
Information is provided on penalties for borrowers who violate the agreement, an algorithm for calculating the grace period and the subtleties of its use are described.
So, for late monthly payments, in addition to the interest calculated on the amount of the debt, according to the terms of the agreement, there is also a fine of 38% per annum.
How to conclude an agreement?
For each credit card, the client is assigned a credit limit, the amount of which is determined based on the maximum available under the terms of this type of card and the client’s level of creditworthiness.
The size of the limit can be changed if the holder repays the debt within the specified period without delay, and also brings documents about a high level of income as evidence.
The execution of an agreement on a Sberbank credit card takes place at a bank branch, where you must come in person. The application for a credit card can be filled out and submitted remotely, but in any case, a visit to the office is required to sign the documents.
You must have a passport with you and, if possible, documents proving your financial situation. Here, with a credit expert, a person immediately has the opportunity to discuss all the issues that interest him regarding the use of plastic.
You can compare the conditions of different cards online and once you decide on a suitable card, you will have to fill out a simple form where you enter information about yourself, income, etc.
If you need the simplest classic credit card, obtaining plastic and completing documents will not take much time. Often such cards are already waiting for the owners at the branch, after which all that remains is to enter the holder’s name into the contract and affix the signatures of the parties.
Sometimes you will have to wait for the card to be issued for 2 weeks, after which you will have to come and pick it up. Those clients who actively use a Sberbank salary card will have the opportunity to pick up their plastic card faster, plus for them the lending conditions will be more loyal, as for reliable clients.
How to get a higher credit limit?
There are no difficulties in how to draw up an agreement on a Sberbank credit card. The only unpleasant moments are the need to prove your income in order to qualify for a higher limit, and the waiting time.
If you compare the conditions for credit cards from Sberbank with the conditions of other plastic cards from third-party organizations, their advantages are clearly visible:
- The simplest algorithm for obtaining, this can be done at any bank branch. And since Sberbank is the largest bank in the Russian Federation, its branch network is very wide, which means finding an office nearby is not a problem at all;
- interest rates on contracts are low when compared with competitors' offers.
Be careful when signing a loan agreement and remember that this is not just a formality!
Credit cards are the most popular product among clients of any banks. Loan funds are issued on a variety of terms, but the basic requirements of banks are almost the same. When registering a plastic card, the bank enters into an agreement with the client. It is understood as a document that is an agreement between the client and the credit institution for the production and servicing of plastic, which stipulates all the important aspects of the provision of borrowed funds, tariffs, obligations and rights of both parties, and much more.
Banks do not always issue credit card agreements to borrowers; sometimes they are limited to booklets that display the terms of service for a particular card.
But when drawing up such an agreement for each client, it is formed in the database, and the employee can offer it. If a potential client issues a credit card through the website, and receives the plastic card, for example, by mail, then through his Personal Account he has the opportunity to familiarize himself with the terms of the agreement and it himself. But it is best for each client to have a document with a stamp in hand, signed by both parties.
General information
Most banks have approximately the same requirements for issuing and servicing credit cards, so the credit card agreement is usually standard. It may differ:
- card service tariffs;
- the amount of penalties for late payments;
- limit assigned to the client;
- refund conditions.
Banks issue credit cards to persons:
- those who have reached 18–21 years of age;
- at a maximum age of 65–70 years;
- who are citizens of the Russian Federation with permanent residence permit.
Credit history will play an important role. Banks never refuse clients with an unblemished history. Those who already have comments on payments may be refused. Initially, a credit card was intended for non-cash payments for goods and services in shopping centers and companies via the Internet. But customers can also withdraw cash from branch tellers or ATMs for a fee.
Applying for and receiving a credit card
Today, for the convenience of servicing customers, banks offer the use of an online service, where through the official website you can send applications for any loans, order credit cards and much more.
If a potential client wants to choose a quick registration method, then he has the opportunity to submit an application for consideration by the credit committee through the website of a particular bank.
A special form is offered for completion, where the client’s data is entered, as well as information about the documents that he is ready to submit to the branch upon receipt of the card. If the application is confirmed, the client with the necessary documents is sent to the bank for final processing. Otherwise, the application can be submitted immediately at the branch. Typically, applications for credit cards in all banks are processed within half an hour, but this can take several hours.
Required documents
The documents that any bank will definitely require to issue a plastic card include:
- passport with a mark of Russian citizenship;
- any other document that can prove identity (at the bank’s choice);
- income certificate (not always).
A sample income certificate in form 2-NDFL is here.
Credit card agreement
Contracts usually contain clauses that are important for clients; they relate not only to service, but, first of all, to the return of funds. So, when applying for a credit card, you should pay attention to the following:
- does the bank allow early repayment of borrowed funds;
- to the maximum limit that can be provided on the card;
- what are the different commission rates?
- is there a need to pay insurance premiums;
- how controversial issues will be resolved;
- can the bank unilaterally increase the interest rate for the use of borrowed funds;
- on the notes that are written in small print at the end of the contract.
Sberbank
Credit card agreements at Sberbank differ only in some basic information, for example:
- card type;
- interest rate for the use of bank funds;
- the size of the credit limit;
- availability of bonuses.
The rest of the document is universal:
- the Sberbank credit card agreement necessarily includes rules for issuing and returning plastic, how various mobile services can be connected to it;
- The card currency is rubles;
- it is issued by Sberbank from the age of 21;
- Bank clients pay 3% for withdrawing funds from any ATM, and a fine of 38% is charged for late payments;
- The grace period is 55 days.
Unlike other banks, Sberbank issues credit cards to individual entrepreneurs. The credit limit is set individually, depending on the income information provided by the client. Sberbank allows you to increase the card limit if the client makes repayments on time and provides documents indicating that his income has increased. At the end of the contract, the client’s data must be indicated. Due to the fact that the agreement is universal, the client can connect any additional service to the credit card; he only needs to write an application at any branch.
Tinkoff
The bank allows you to issue credit cards from the age of 18 to 70, which is 5 years longer than most other credit institutions. To receive a credit card from Tinkoff, income information is not required, which makes the bank’s product popular among clients. But if you provide a certificate of income, it is possible to issue a card with a large limit. To conclude an agreement, the client will only need a passport and any other identification document.
The grace period, as in other banks, is 55 days, but for cashing out funds the client is charged a commission of 300 rubles. for each transaction, and it may differ from ATM to ATM.
Also, Tinkoff’s loan agreement states that if payment is late, the client pays a fine of 590 rubles, and 0.2% is charged for each day. If the credit card holder constantly fails to make payments on time, the bank has the right to increase his penalty for each day to 1%. Tinkoff also charges an annual fee for servicing credit cards. The maximum you can request on the Tinkoff Platinum Card is up to 300 thousand rubles, which other banks do not offer.
Other banks
All credit institutions in Russia provide their clients with the opportunity to issue a credit card. Thus, for salary clients, regular clients and depositors, the bank will have more favorable conditions regarding the limit size. Some banks, for example, do not pay attention to credit history, others attach great importance to it so that it will be impossible to get a new credit card if the client has constantly made late payments in the past. All bank payroll clients do not need to provide information about income to complete an agreement; it is already in the databases. Some banks do not issue credit cards without providing proof of income, others do. Almost all banks allow potential clients to request a credit card via the Internet and receive it at a branch, sometimes by mail, without visiting the bank. Otherwise, the terms of the contracts are the same. The Qiwi credit card has its own features of use.
Where can I get an instant credit card? See here.
Before using a card, much less signing a loan agreement, it is recommended to carefully read its contents, and if questions arise, clarify them before signing the document.
Basic provisions
A credit agreement for obtaining a card with a certain limit consists of several main clauses. The main clauses reflect the following points. In the Subject of the Agreement:
- names of the parties (Bank–Client) who come to agreement;
- the size of the credit limit, for how long you can borrow funds, what interest will need to be paid;
- procedure for lending funds and repaying debt.
The Responsibilities of the Parties include the terms when the specified amount can be taken, as well as how:
- interest accrues;
- the bank will inform the client in case the conditions for providing funds change;
- pay interest and pay off the debt in full.
The Force Majeure section indicates situations when, for example, the client cannot return funds for reasons beyond his control. The Dispute Resolution section talks about how the parties will resolve conflict situations if they arise. The Legal addresses section displays bank and client data, their actual addresses, contacts and more.
All loan agreements must be drawn up in such a way that their content does not contradict the legislation of the Russian Federation and the credit policy of a particular bank.
Each agreement protects not only the interests of the bank, but also the client.
Conditions
The main conditions for issuing funds, which are displayed in agreements for receiving credit cards, include:
- type of card, it is usually credit or universal;
- issued currency;
- credit limit size;
- lending period;
- how long does the grace period last?
- interest on the use of funds;
- what amount must be paid monthly if the funds are not returned before the end of the grace period;
- how to pay the bank;
- what are the fees for late payments;
- what bank services can you access with this card;
- Credit card service is paid or free.
The conditions for issuing credit cards also include the number of documents that the bank requires to receive funds as a loan.
Sample
A sample agreement for a credit card for each bank is posted on the official website. In electronic form, you can read it before applying for plastic, as well.
A sample agreement for receiving a credit card is here.
How to terminate?
Most often, credit card owners, not wanting to use borrowed funds, throw away or destroy the plastic, while they forget that they remain under the contract until the agreement is terminated. Despite the fact that the owner does not use the card, the card account attached to the plastic card remains.
If a fee is charged for servicing the card, which the client can simply forget about, then this amount will go to him in debt.
Therefore, the best solution is to terminate the credit card agreement. For this purpose it is necessary:
- check the card balance and pay off the existing debt;
- come to the bank with an agreement and a credit card;
- write a statement to disable all paid services that were connected to the card;
- write an application to cancel a credit card;
- additionally pay for closing a card account, if this is provided for in a particular bank.
After completing the necessary documents, the bank employee is obliged to destroy the credit card in front of the client. At the end, the client can ask the bank to issue a certificate stating that the loan agreement has been terminated and there is no debt.
Video about the conclusion of the document