Pandemic Credit Vacations

[Андрей Захаров]

Pandemic Credit Vacations

Currently, under the current restrictions related to the implementation of measures for pandemic pain, a lot of people. Those who have loans apply to banks with applications for granting credit vacations. This issue is currently regulated by Law No. 106 of the Federal Law of 03 April 2020, which citizens need to know about the application features. In this regard, the Supreme Court of the Russian Federation prepared the relevant explanations reflected in the Review on certain issues of judicial practice related to the application of legislation and measures to counteract the spread in the territory of the Russian Federation of a new coronavirus infection (COVID-19) No. 2 (approved by the Presidium of the Supreme Court of the Russian Federation April 30, 2020)

So, to question 2: What are the features of the performance by a debtor citizen of credit and loan agreements during the period of validity of measures aimed at counteracting the spread of a new coronavirus infection (COVID-19)?


The Supreme Court gave the following answer: Federal Law of April 3, 2020 N 106-ФЗ "On Amendments to the Federal Law" On the Central Bank of the Russian Federation (Bank of Russia) "and certain legislative acts of the Russian Federation regarding the peculiarities of changing the terms of a loan agreement, loan agreement "(hereinafter - the Law N 106-ФЗ) established the grounds and procedure for amending the terms of the loan agreement (loan agreement), in particular, at the request of the borrower - an individual to whom the loan was granted not in connection with entrepreneurial activity, in relation to loan agreements (loan), whether secured or not secured by a mortgage, concluded before the entry into force of the aforementioned law. Changing the terms of a loan agreement for such an individual in accordance with Article 6 of Law No. 106-ФЗ consists in suspending the fulfillment of a borrower's obligations (grace period) for a period of indicated in the request of the borrower, but not more than 6 months, provided that this requirement is handled No later than September 30, 2020


Such a right to amend the terms of the loan agreement is granted to the borrower subject to the following conditions:


the loan amount does not exceed the maximum loan amount established for such cases by the Government of the Russian Federation. Currently, loan sizes are determined by Decree of the Government of the Russian Federation of April 3, 2020 No. 435 and are respectively:


for consumer loans (loans) for which individuals are borrowers - 250 thousand rubles;


for consumer loans (loans) for which individual entrepreneurs are borrowers - 300 thousand rubles;

for consumer loans (loans), providing for the provision of a consumer loan (loan) with a credit limit, borrowers for which are individuals, - 100 thousand rubles;


a decrease in the borrower's income (total income of all borrowers) for the month preceding the borrower's request for a creditor by more than 30% compared with the average income for 2019; for consumer loans for the purchase of vehicles with a pledge of a vehicle - 600 thousand rubles;


for loans (loans) issued for purposes not related to entrepreneurial activity, and liabilities for which are secured by a mortgage, - 1.5 million rubles.

at the time of the request, the grace period established in accordance with Article 61-1 of the Federal Law of December 21, 2013 N 353-ФЗ “On Consumer Loans (Loans)” does not apply. By the way, banks are often, as the appeal on on this issue of various persons for consultation, they try to “palm off” those who want to get a vacation this particular product, which differs significantly from the vacation presented in accordance with Article 6 of the Law of the Russian Federation No. 106 described above. The differences are that, in accordance with Article 6-1 of the Federal Law No. 353, the use of vacations implies the availability of the bank’s consent after the debtor has submitted the relevant documents, a longer estimated period of loss of income is 2 months. According to Law No. 106, vacations are granted in a declarative manner and are established beyond the will of the creditor’s bank and enter into force after the debtor within 90 days after submitting an application for the holidays provides relevant documents on the loss of income. The difference in these approaches is significant and you should be aware of this when applying for a vacation in a pandemic.


The beginning of the grace period shall be established at the direction of the borrower, but not earlier than 14 days before the date of the request to the creditor; on loans (loans) secured by a mortgage - not earlier than a month before the date of the request (part 4 of article 6 of Law N 106-FZ); for consumer loans (loans) with a credit limit (credit cards) - not earlier than the date of applying for such a requirement (part 28 of Article 6 of Law No. 106-FZ). The provision for a grace period in the form of a decrease in income of more than 30% is assumed until otherwise proved, however, the lender has the right to request documents confirming this condition from the borrower. If the borrower fails to provide documents within the time period established by law, or if the submitted documents do not confirm this condition, the lender sends a notification to the borrower about the non-provision of a grace period from the receipt of which it is believed that the borrower's obligations exist unchanged. Instead of requesting documents from the borrower, the lender has the right request information from the authorities specified in the law (parts 7, 8, 29, 30 of Article 6 of Law N 106-FZ). Conditions of the grace period, in particular, the amount and procedure for calculating interest, the procedure for repayment of principal and interest, prohibition of penalty forfeit, fine , penalties, foreclosure on the subject of pledge, presentation of claims against the guarantor, early demand for the entire loan amount, etc. established by Law N 106-FZ. The grace period established by this law and the grace period established in accordance with Article 61-1 of the Federal Law of December 21, 2013 N 353-FZ "On Consumer Credit (Loan)", if there are appropriate conditions can be provided to the same borrower in any order, but cannot be established at the same time. Regardless of the presence or absence of grounds for granting the grace period provided for by Law N 106-FZ, and whether the borrower used his right to change the terms of the loan agreement (loan agreement) in accordance with the law, the borrower may be exempted from liability on the basis of Article 401 of the Civil Code of the Russian Federation (hereinafter - the Civil Code of the Russian Federation) for non-fulfillment or improper performance of an obligation if the violation of the obligation was not his fault, in including if the execution was impossible due to extraordinary and unavoidable yes under the circumstances, including those associated with established restrictive measures (for example, if the borrower could not use the online payment system, and also could not make payments in the usual way).


I think these brief explanations will be useful for people who intend to use the right to credit holidays granted to borrowers.

 

[Администратор]

I think these brief explanations will be useful for people who intend to use the right to credit holidays granted to borrowers.

Andrei Valerievich - thanks for the necessary pressures.