Фото: Requirements for the bank’s obligation to transfer credit debt

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Requirements for the bank’s obligation to transfer credit debt

Reading time: 3 min.

In the modern world, credit relations between banks and borrowers have become an integral part of economic life. However, in some situations, borrowers may be faced with the need to get the bank to recalculate the loan debt.

 

Reasons for recalculation of credit debt

The need to recalculate credit debt may arise for various reasons:

  • Detection of errors in bank calculations
  • Changes in legislation affecting credit conditions
  • Significant changes in the borrower's financial situation
  • Controversial issues regarding the calculation of interest or commissions
  • The need for debt restructuring

Importantly! Each case requires an understanding of both the financial and legal aspects of the problem.

Requirements for the bank's obligation to transfer credit debt

Grounds for the requirement to recalculate credit debt

There are several key circumstances that may become the basis for a request to recalculate credit debt by the bank:

  • Illegal actions of a banking institution.

If the court finds that the bank charged interest, fines or interest illegally, this may lead to a review of the amount owed.

  • Unfair lending conditions.

If the terms of the credit agreement are recognized by the court as unfair or that significantly violate the rights of the borrower, this may become a basis for recalculating part or even the entire amount owed.

  • Significant changes in the borrower's life circumstances.

In cases where the borrower's financial condition has significantly deteriorated due to unforeseen circumstances, the court may decide to grant a deferral of payments, reduce the amount of monthly payments, or even partially write off the debt.

  • Errors in calculations.

If mistakes were made when calculating the credit debt, the borrower has the legal right to demand their correction and recalculation of the total amount owed.

 

The process of making a request for recalculation

The process of filing a request for recalculation of credit debt includes several important steps:

  • Preparation of a written claim.

In this document, it is necessary to clearly state the essence of the problem, the reasons for rescheduling the debt and provide relevant evidence to support your position.

  • Judicial proceedings.

If the bank does not respond to the claim within the period established by law or refuses to satisfy the requirements, the borrower has the right to apply to the court.

  • Collection of documentation.

All necessary documents confirming the claimant's claims should be attached to the claim. This may include a copy of the credit agreement, receipts for payments made, a copy of the claim to the bank with proof of receipt, as well as other relevant documents.

Recalculation of credit debt

Key aspects when submitting claims

When considering the issue of submitting claims for recalculation of credit debt by the bank, it is important to consider several key aspects:

  • Limitation periods.

It must be remembered that for different types of credit agreements and circumstances, different periods of limitation may apply.

  • Evidence base.

In order to successfully consider the case in court, the borrower needs to prepare a convincing and comprehensive evidence base.

  • Professional legal assistance.

In matters related to recalculation of credit debt, contact experienced specialists. The legal company "Prykhodko and partners" offers:

  • Assessment of your case
  • Professional preparation of all necessary documents
  • Comprehensive evidence base collection
  • Development of an effective defense strategy
  • Qualified representation in court
  • Full support at all stages of the process

Entrust your case to professionals and get reliable protection of your interests in matters of credit debt recalculation.

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Assistant lawyer

Specialist in bankruptcy of individuals and legal entities. Provides legal support in bankruptcy procedures for individuals, private limited liability companies, legal entities, as well as closing executive proceedings, concluding restructuring and settlement agreements with financial institutions

Contact now
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