Choosing a car loan, the borrower studies the terms of the loan and chooses the best. But being in Euphoria, as he will receive the keys to the desired car, often the client of the bank does not bother to carefully read the car loan and as a result instead of joy, after attentive reading a loan agreement, the client flows into a stupor. Unfortunately, this situation is often often, advertising reads about one of the conditions of the loan agreement, and the credit document, reports completely different conditions. In calm conditions, already acquiring a car and coming home, the borrower understands that he "hit." The contract states that in the next five years and more, he will have to pay the amount of money, above the one on which he expected. Is it possible to terminate the contract with the bank and if possible, what actions should make a client.
Content
- Avt Credit, terminate the car loan before making money
- Car loan, credit money is listed in the car dealership, is it possible to terminate the contract
- Car loan, the bank terminates the car loan agreement
- Car loan, client rights when interrupted car loan
- Car loan, client actions to terminate a contract with a bank
Avt Credit, terminate the car loan before making money
If the client understands that he made a disadvantageous deal, in this case an important issue is: the bank transferred money car loan to the car salon.
If the money, under the contract for the car loan, the bank has not yet listed into the car dealership, then such a contract borrower may terminate without problems.
If the borrower issued a contract in the commercial organization of the bank, which lists the cash within a few days, during this period of time, the client has the right to abandon the transaction concluded.
Even if the car dealers have already issued documents and the client paid the primary contribution, in the event of a client's refusal from the car, the car dealership is obliged to return the payment to the client.
Article 821, Part Two, Civil Code of the Russian Federation clarifies that the bank does not have eligibility in the client's refusal.
The client has the right to terminate the car loan agreement with the bank until the full transfer of money.
No penalties on the client will not be entrusted and the credit history of the customer client will not suffer.
Before the borrower there is a task, as soon as possible to terminate an unnecessary loan and have time to stop the transfer of money.
The bank is not profitable to lose customer, he can reconsider interest rates, as a result, the borrower may offer a loan of the same amount, but under a smaller percentage.
Car loan, credit money is listed in the car dealership, is it possible to terminate the contract
If the borrower decided to terminate the deal with the bank after the acquisition of the car and the bank has already listed the money into the car dealership - there is a very difficult problem before the client.
The client does not receive live money in his hands, the bank lists the money by non-cash in the car dealership, after that the borrower takes the car. If the client received a complete package of documents on the car, a contract was signed with a car dealership, the client received on the hands of the TCP with its data - the salon refuses to take the car back and has legal grounds for it, since there were no violations from the car dealership.
What to do the borrower, he has the development of events in several options:
- urgently repay bank loan. If the borrower's finances allow, he must pay the balance of debt and finish the credit history;
- if the borrower is not able to quickly pay off the loan, motivating the loss of work and the lack of income - the bank can allow to sell the laid machine, but under the control of the bank;
- the loan agreement may be terminated at the request of the Bank through the court. This is a widespread option in cases where the client is not platforming, violates the payment schedule and does not come to contact with bank employees.
After the delay in payment, the client will receive messages with the requirement of loan repayment.
The case of such a client is transferred to the collector agency, and if the Agency does not cope, the bank draws a lawsuit against the court.
Car loan, the bank terminates the car loan agreement
If the client is not platforming, evades cooperation with the Bank, the Bank is a statement of claim and sues.
The court considers the statement of claim, in the case of confirmation of the fact not payments, the judicial instance makes a decision on the removal of the car.
Then, the car is removed from the records and sold through the auction.
After the sale, the bank is withdrawing the necessary amount of money, it dissolves a contract with the client, if after selling and repayment of debt, money remains, the client receives them.
In addition to termination of the contract through the court, the contract may be terminated by the Agreement of the Parties.
Such a way out is more profitable for the client.
The borrower may conclude an agreement with the bank about paying only debt itself without paying fines and penalties.
Before the client, there is a task about termination of the contract with the bank of the car loan with minimal losses from the borrower.
The client must try to bring information to the bank that the bank is beneficial to get the maximum amount of money from the borrower and at the same time do not need to sue the debtor.
In the bank the same people, they try to enter the client's position and the bank will go to the meeting of the borrower, especially if this borrower leaves abroad and wants to pay a debt.
Car loan, client rights when interrupted car loan
Making the car loan, do not hurry and carefully study the loan agreement.
Jurisprudence, the case is complex, any inaccuracy and mistake in the contract leads to major losses (for some reason the borrower always suffers) and long-term proceedings.
If there is no press of the bank in the contract on the car loan, such an agreement may be invalid.
Basically, the Bank initiates the termination of the contract, in this case, the client is the task of preventing the sale from the auction. If there is no material opportunity to pay the car loan, the client has the right to independently find the buyer to the credit car, but the transaction is issued under the control of the bank.
Car loan, client actions to terminate a contract with a bank
If there is a question on the termination of the contract on the car loan in any bank, it is necessary to carry out the following actions:
- the seller and the buyer, the laid car, conclude a contract among themselves. The contract includes an indicated amount of credit payments and the final cost of the car. The contract is legal, both certified by the notary, and not;
- the buyer of the laid car should pay off the amount of the auto loan of the seller. Early repayment is made, after that, the contract between the bank and the borrower is terminated. The car is displayed from the pledge, the owner receives the original TCP;
- if the money remains, the seller will receive this amount in the hands, the car is transmitted to the new owner.
Such a development of events is good because the borrower will not receive negative marks of its credit history, because on the papers, the loan was simply repaid early.
If necessary, the client can get a new loan.
Only with full repayment of debt, it is possible to terminate the loan agreement.
And if, the borrower cannot sell his car, sometimes he has a brother loan in another bank to repay the debt to the main bank - it is a dedusion or refinancing.
If the events are developing in the latter method, the borrower remains the car, since the bank will close the loan debt, and the borrower will be forced to take a new loan, but at more favorable terms.
And again the credit history of the borrower will not suffer.
Tip - If you fell into an unpleasant situation, carefully analyze possible options for exit. Choose the option that will help get rid of the car loan disadvantaged and at the same time, you will not part with the car.
In the interests of any bank, get a debt from the borrower, the bank tries to meet the client and can write off the fines and penalties.
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