The amount of the penalty cannot exceed the amount of the principal debt: rules for determining the amount of the penalty

How fines and penalties will be written off for suppliers in 2020

On April 27, government decree No. 591 of April 26, 2020 came into force. It changed the rules for writing off fines and penalties according to government decree No. 783 of 07/04/2018. These rules have been extended to 2020. It was determined that accrued and unpaid fines and penalties under contracts, the obligations under which were fulfilled in full, are written off. The exception is contracts for which in 2020:

the terms, price or quantity (volume) have been changed by agreement of the parties;
obligations were not fulfilled in full due to circumstances beyond the control of the supplier that resulted in the impossibility of fulfilling the contract (due to the spread of coronavirus infection).

This resolution states whether penalties can be written off - yes, if unpaid penalties are accrued due to failure to fulfill obligations in connection with the spread of coronavirus infection.

More information about the accrual of penalties: “Forfeits under 44-FZ: we understand the features of accrual”

Letter to the bank

You can always contact the department and express your disagreement with the large amount of accrued penalties. It is better to submit the application in writing, registering it with the secretary, which will allow you to receive an official response within a month. The text must necessarily contain a proposal to reduce fines.

We suggest you familiarize yourself with How to write a letter to a bank about restructuring a Tinkoff debt sample

This paper is prepared in 2 copies and brought to the department. One of which is submitted to the authorities or secretary, and on the second the bank should be dated and signed.

When an institution has received a letter but does not make concessions, it is necessary to wait for a written response about the refusal. It is with such a document that you can go to court and start proceedings.

You can get a cash loan right now, select a bank:

Why do they write off?

Providing a deferment and removing fines and penalties will prevent mass bankruptcy cases, and for defense industry organizations it will eliminate the threat of non-fulfillment of state defense orders. A situation has arisen where performers under government contracts, incl. organizations of the military-industrial complex (DIC), there was a delay - obligations were not fulfilled for reasons beyond the control of the companies. These are the consequences of unfriendly actions of foreign countries, which are expressed in the introduction of political or economic sanctions against Russia, citizens of the Russian Federation or Russian legal entities.

As a result, a large number of penalties (fines, penalties) arose. If these fines are paid, this will negatively affect the economy of enterprises and will lead to the bankruptcy of some of them and massive disruptions of state defense orders.

Interest on overdue principal debt

An automated system for calculating the amount of debt on a loan, based on Article 319 of the Civil Code of the Russian Federation. The system will provide a flexible interface, with the ability to print a payment plan for the borrower to present in court.

The basis of any dispute with a credit institution is the calculation of the amount of debt. If you go to court without your settlement, consider that the process is lost.

On this page we offer a scheme for calculating loan payments based on Art. 319 of the Civil Code of the Russian Federation, which will significantly increase the chances of success in a legal dispute with a credit institution.

Konstantin Lazarev. State Duma deputy from the Communist Party of the Russian Federation, member of the Committee on Civil, Criminal, Arbitration and Procedural Legislation.

Attention! The scheme is not designed to verify credit card payments.

Questions to ask a representative of a credit institution during legal proceedings

What is the principal amount of the loan (credit)?
Has interest been calculated on overdue interest?
Is it also possible to collect penalties at the same time?
Is there double liability?
Did the bank suffer losses from failure to repay the loan on time? If yes, what is their size? In order to clarify this question, you can ask clarifying questions:
What is the amount of direct losses in the amount of the unreturned loan amount due for repayment as of this date?
What is the amount of interest that would be paid if the loan were repaid in good faith each month?
In what order was the debt repaid: interest, principal, penalty?

It may turn out that asking all the proposed questions is either not necessary or not advisable. In any case, this list is not exhaustive.

Theses for speech in the debate

Ask the court to accept your calculation of the amount of debt (calculate below on our website);
It is necessary to recognize the amount of the principal debt on the loan (credit), calculated according to your calculation;
Demand satisfaction only of the amount of the penalty or accrued interest on interest;
Point out that the bank’s calculation was incorrect if the bank paid off the penalty during the period of delay;
Ask the court to reduce the amount of the penalty (or the amount of accrued interest on the interest) based on the following arguments (select those that apply to your situation): - the period for repayment of the debt has not expired, - no losses have been caused to the bank, or the amount of losses is not significant,
- the rate of the penalty is significant (in times) exceeds the interest rate on the loan (credit).
If the delay is short, indicate this circumstance.

In addition to these arguments, you can use others that relate directly to you.

What does overdue debt consist of?

Overdue debt consists of:

Overdue debt on the principal debt (loan body);
Overdue debt at accrued interest;
penalties, commissions, fines.

Overdue debt and interest are the amounts that the borrower had to pay according to the agreement.

The borrower can find out their value from the loan repayment schedule, which is a mandatory addition to the loan agreement.

The amount of penalties and fines, the method of their calculation and payment, each bank sets for its borrowers independently. Usually this is a certain percentage of the overdue payment or of the principal amount of the loan.

Detailed conditions for calculating penalties must be read in the loan agreement before signing it. In addition, I would like to draw attention to the repayment of overdue debts.

Most often, the bank first pays off penalties, fines, and penalties, and only then pays off the overdue interest and the principal of the loan.

The logic here is clear - the bank tries to collect its profits as quickly as possible in the form of interest and fines, and leave the borrower with the loan debt as a basis for accruing new interest.

Let's look at an example where penalties are calculated on a late payment basis. 1000 rubles is the monthly loan payment, which consists of: 700 rubles – repayment of the principal debt, 300 rubles – repayment of accrued interest.

Penalties:

0.01% of the amount of overdue debt for each day of delay in the presence of overdue debt for up to 30 days,
0.02% of the amount of overdue debt for each day of delay in the presence of overdue debt for a period of 31 to 60 days.

Example of calculating overdue debt

If the borrower has not paid the 1st month, then the overdue debt for one month will consist of: 700 rubles - overdue on the principal debt,

300 rubles – late on accrued interest,

1,000*0.01%*30 days =3 rubles

– the amount of penalties for overdue debts.

If the borrower fails to pay for 2 months in a row, then the overdue debt for two months will consist of: 1,400 rubles - overdue on the principal debt + 600 rubles - overdue on accrued interest,

3 + (1,000*0.01% * 30) + (1,000*0.02% * 30) = 3 + 3 + 6=12 rubles

– the amount of penalties for overdue debts. Thus, if the borrower decides to enter into the repayment schedule, then: After the first month of delay, he must pay 2003 rubles = 1000 rubles (current payment) + 1000 rubles (overdue debt for 1 month) + 3 rubles (penalties for overdue debt for 1 month);

After the second month of delay, he must pay

3012 rubles = 1000 rubles (current payment) + 2000 rubles (overdue debt for 2 months) + 12 rubles (penalties for overdue debt for 2 months).

To summarize, we would like to draw attention to the following points:

firstly, before signing contracts, be sure to read the terms of accrual of interest, penalties, early repayment, etc.;
secondly, you will have the opportunity to challenge in court the correctness and legality of the bank’s application of penalties in relation to the borrower only after signing the agreement. Before signing a loan agreement, the bank, on its own initiative, will never exclude from the agreement the terms for accrual of penalties and fines.
thirdly, try to repay the overdue debt as quickly as possible, and all of it, so as not to pay the bank only interest and fines. Try to repay the overdue principal as quickly as possible, since interest accrues on it.

Is it legal to charge both penalties and interest on overdue principal?

Courts usually significantly reduce interest rates, penalties, and fines. If it comes to court, you can send an Application to the Court asking for a deferment or installment plan; if the court refuses, you can try to resolve this issue with the bailiffs.

It is advisable to repay the principal debt whenever possible. Neither bankers, nor, especially, collectors can force you to pay, they have no authority, and if they threaten, extort, or insult, it will be in fact threats. extortion, etc.

You can submit Applications to the Police, Prosecutor's Office.

Officials of the Federal Bailiff Service of Russia (Bailiffs) can enforce the Court's decision, and this is still far away, but if it comes to court, they can not seize all the property in accordance with Article 446 of the Civil Procedure Code of the Russian Federation.

If you are in arrears on your loan, how long can you delay payment and what can the bank do?

Starting from July 1, 2015, a law came into force in the Russian Federation that allows individuals with a large number of loan debts to undergo bankruptcy proceedings. This will allow them to get rid of the heavy credit burden and start living in peace.

Relatives of defaulters can sleep peacefully, especially if they did not participate in the loan as guarantors. If employees of the bank or collection services call or pay them visits, then in this situation they will be protected by the Constitution and Federal legislation of Russia. The situation will change slightly if there is a delay on the mortgage loan, since in such programs the spouses of the debtors act as co-borrowers, who share all responsibility with them.

25 Jan 2020 etolaw 407

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Late payment on a loan: consequences for the debtor

After the decision enters into legal force, the enforcement procedure will begin, carried out by bailiffs. At this stage, bailiffs may impose a foreclosure on the debtor's property (property may be seized to pay the debt and sold at auction).

According to clause 21 of the Federal Law “On Consumer Credit...” dated December 21, 2013 No. 353-FZ, the amount of the penalty (both penalties and fines) cannot be more than 20% per annum (of the debt amount), respectively, and in loan agreements there are more significant sanctions cannot be installed. Specific terms of liability are fixed in agreements with the bank.

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Penalty for late loan, how not to pay

In November 2012, I took out goods on credit for the amount, including the interest rate, 40,472 rubles 36 kopecks. at Trust Bank, for a period of 10 months. Monthly payment 4048 rub. I paid the first payment on time, and then I was laid off at work on New Year's Eve. There were 2 missed payments. According to the agreement, a fine of 500 rubles is charged for the 1st pass, 1000 rubles for the 2nd pass. And if there had been a third pass, then the fine would have been 2000 rubles. But I was to blame for the 2 delays and understood that 1,500 rubles were added to my loan amount. At the beginning of February I paid 4500 rubles, a week later another 5100 rubles, especially with an excess to compensate for the penalty. Then, in March 5100 rub. Since April I have lost my job again because... I am a disabled person of group 2 and cannot find a stable job. Due to lack of money, I did not pay for 3 months in a row, I did not receive a single letter from the bank, but they only called and threatened. At the beginning of July, I immediately paid 9,000 rubles, although I owed a total of 12,150 rubles for the mandatory 3rd payments, and also the amount of penalties for 1 month - 500 rubles, 2 months - 1000 rubles, 3 months - 2000 rubles (a total of 3500 rubles in fines). And yesterday, July 17, 2013, I paid another 4,100 rubles. Before paying, the operator told me on the phone that in addition to the main debt, I still had 6,000 tons of penalties! And to pay off the entire loan debt I need to pay a total of 18,500 rubles!! That is, over the phone with an employee, we figured that as soon as we deposited 4,100, 14,500 rubles would remain and then the loan could be closed completely, even with large fines. But there is just one BUT! Today they called again from Trust Bank and said that yesterday’s payment of 4,100 rubles had been received and ANOTHER 19,500 needed to be repaid. No matter how much I tried to figure it out, no one listened, they shouted that “we’ll meet in court,” “pay off everything immediately tomorrow,” etc. d. The operators hung up, called several times and the result was the same, a large amount, which in a few days increased by almost 5 thousand and threats! No explanation, no letters, notifications, only demands, phone calls and a rude demand to urgently return the entire amount of the “loan debt.” According to the checks that I have, in total I paid the bank 31,850 rubles.

3. Can I just pay the balance under the main contract - about 9t and not pay any more? That is, will it be legal if I don’t pay attention to their astronomical fines for overdue loans and simply fulfill my obligation to the bank, paying only the amount for which the loan was issued?? I’m even ready to pay a penalty for all my omissions - that is, summing it up for 1.2, then 1.2 and 3. And not pay what they added on their own?

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