Consumer lending agreement with individual conditions. Features of concluding a loan agreement with the participation of a consumer

In July 2019, there were significant changes regarding the conclusion of contracts in the field of consumer lending.

Legislation regulates the procedure for calculating interest on a loan, the price of the penalty and the requirements for the content and presentation of loan agreements. The new provisions apply to all organizations and corporations whose activity is to provide consumer loans.

What it is

A consumer loan agreement is the main document containing the general and individual conditions for the provision of borrowed funds.

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It is allowed to include parts of other contracts in the contract in accordance with the new legislation.

The standard requirements of the contract are set independently by the lender for multiple use. Individual conditions are negotiated between the two parties and apply only to a particular borrower.

While the contract is the main document recognizing the agreement between the two parties to provide financial services, it contains important information about the subject matter of the agreement.

Before signing a contract, pay attention to the following particularly important aspects:

• the total amount of consumer credit;
• cost (interest rate);
• repayment period;
• methods and terms of repayment;
• conditions for the entry into force of penalties and their size;
• the presence and amount of a one-time commission;
• the cost of maintaining the account;
• the possibility of terminating the contract.

General terms

The creditor is unilaterally obliged to independently develop general conditions, in other words, draw up a standard contract that he will use repeatedly.

It is forbidden to include in the general conditions the requirement to sign other contracts or receive certain services for a certain fee. In the event that the general conditions are in conflict with the individual conditions, then the individual conditions have legal force.

The general terms and conditions of a consumer loan agreement must include information about the lender:

• the name of the creditor,
• addresses,
• other contacts,
• Web site,
• license number,
• information about inclusion in the state. register, etc.

In the conditions, the bank must prescribe:

• uniform requirements for the borrower,
• the period of consideration of the application-questionnaire and the adoption of a decision,
• list of documents to establish identity and creditworthiness.

It is mandatory that the terms and conditions must contain data on payments:

• minimum and maximum amounts;
• return period;
• transaction currency;
• the procedure for issuing a loan;
• annual interest rate and (if any) variable interest rate;
• as well as other payments under the contract.

The information provided to the consumer should include the ranges of the amounts of the full cost of the loan, calculated taking into account the requirements of the new legislation, the frequency of repayment of funds for repaying the loan, paying interest and other payments.

The general provisions indicate possible ways to return funds, interest, including a free way to fulfill obligations.

Under the new legislation, there are time limits within which a consumer can refuse a loan, and these must be specified in the terms and conditions.

Options for securing the performance of obligations to the financial institution should be communicated to the borrower. The main requirements include the responsibility of the borrower for non-compliance with individual conditions, fines, penalties, the procedure for calculating them, as well as information on further sanctions.

Each credit company, including organizations engaged in microloans, must have a sample standard agreement, which is provided to the consumer free of charge at the places where financial services are provided, including online stores and other outlets where the services of the organization appear.

Individual conditions

Mandatory individual conditions include:

• the amount of the loan provided to the borrower;
• the possibility of changing the volume;
• maturity date and term of the contract;
• currency;
• annual interest rate;
• information on the application of foreign exchange rates;
• debt repayment schedule;
• the possibility and procedure for changing the terms and frequency of repayment;
• methods of depositing funds to pay off the debt;
• security information.

Individual conditions specify the purposes of lending and the conditions for using borrowed funds, the borrower's liability for failure to comply with the terms of the contract, as well as the borrower's agreement with all the conditions set forth.

Read about the new to know about the rules for drawing up a loan agreement and about your rights.

Is it possible to take a consumer loan from Sberbank with a passport? conditions are described.

Banks that issue consumer loans on favorable terms are listed in.

Termination of an agreement

Termination of the contract before the specified period for consumer lending is regulated by Article 450 of the Civil Code of the Russian Federation.

In accordance with federal law, there are only three cases in which termination is possible, namely:

• loan repayment;
• mutual agreement of the parties without the fact of repayment;
• when the court decides accordingly.

Usually, many citizens return borrowed funds not within the specified time frame, but earlier. Now credit organizations do not set penalties for closing the contract before the specified period. For example, at Sberbank, you can pay off the debt in full even the next month after the loan is issued.

By agreement of the parties, termination is extremely rare, while attempts to exercise this right more often turn into the third option - termination through the courts. Here, the main reason for termination may be non-compliance with the individual conditions of the bank or the revocation of its license by the Central Bank.

Another thing is when the loan was issued on security or surety, in other words, secured.

Individual conditions are a mandatory part of the loan agreement.

Dear readers! The article talks about typical ways to solve legal issues, but each case is individual. If you want to know how solve exactly your problem- contact a consultant:

APPLICATIONS AND CALLS ARE ACCEPTED 24/7 and 7 days a week.

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They determine the rate, amount, terms of the loan agreement, and also regulate the relationship of the parties in the area of ​​the parameters of the loan. The transaction is carried out on the basis of the Federal Law of (as amended on July 21, 2014) "On Consumer Credit (Loan)".

Interpretation of the concept

The contract has two groups of conditions: general and individual.

The latter include:

• interest rate, loan amount and currency, commissions;
• an indication of the terms of the contract-offer;
• all aspects of payments: amount, frequency, amount, payment methods and the procedure for changing the loan term;
• securing the contract;
• contact details and how to share them.

If at the conclusion of the contract, one group of conditions contradicts the second group, then only individual conditions apply, since they are intended for a specific group of people.

From the moment of signing the contract and receiving the money by the client, it may take up to 3 working days (especially if the money is transferred to the account of another bank). During this time, the lender is not entitled to change individual conditions.

In addition, the borrower can return the debt funds to the lender within 14-30 days, while paying only interest for a specific period of using the money. This operation is governed by the above Law.

The transaction is considered completed if all the conditions are agreed with the applicant and the money is transferred.

A set of individual conditions is compiled in the form of a table. The Bank does not have the right to change the names of the columns, however, it can add additional lines after the unchanged ones, having previously agreed them with the customer of the funds.

Who can claim such bank concessions

Specific conditions may be designed for certain groups of people, as well as offered to each client - it all depends on the credit policy of an individual institution.

If the bank works according to an individual program, then each agreement specifies the conditions for a separate loan.

Most often, the interest rate and term is set based on the following parameters:

• good faith of the client;
• wages;
• availability of documents confirming income and ownership of real estate.

With additional confirmation of reliability, the bank reduces the rate under the contract or increases the term.

In banks operating under strict tariff plans, the following clients can count on individual conditions:

• those who have already taken a loan from this bank;
• users of payroll projects;
• clients requiring debt restructuring.

The first two groups of clients are referred to as "loyal", which means that individual conditions for them will be the most profitable and convenient. Salary customers are those who receive wages to a card account in this bank, and the processing period must be at least 3-6 months.

Users of such services are the safest for the bank. They are safe because the risks of loans are minimized due to the fact that the institution has the right to withhold some of the funds received on the salary card to pay off the debt.

The client can sign an additional agreement, according to which the loan payment will be made automatically. This is not only very convenient, but also protects against delays - on the day of payment, the amount will be debited from the account in full.

Debt restructuring is the improvement of the terms of the contract:

• increase in the crediting period;
• interest rate reduction.

This service is intended for clients who are in a difficult situation, but are responsible loan payers. The bank changes the individual terms and conditions bilaterally, and the amount of the monthly payment is reduced.

This offer is valid only for customers who did not have time to spoil their credit history, that is, they delayed payment 1-2 times. The bank still considers them trustworthy borrowers and allows you to change individual conditions.

Table of individual conditions of a consumer loan agreement

The table of individual terms of the contract is clearly spelled out in the Directive of the Central Bank of Russia dated 1999. The rules for using it are also indicated there.

The form contains three columns and all the necessary individual lending conditions. Deleting rows in a table is not allowed. If the line is not needed, then a corresponding mark is made in it.

The table looks like this:

A table can span more than one page. In this case, it is necessary to transfer the titles of the columns to each of the pages. opposite each of the conditions its content or value is affixed.

Making a deal

A consumer lending transaction with individual conditions is drawn up, as with a regular contract - just one application to the bank is enough to fill out an application. After receiving a positive decision, a package of documents is signed, and the money is transferred to the card.

Individual conditions are prescribed in the offer in the form of a table, which is drawn up in a strict form, and takes into account all the wishes of a particular borrower as much as possible.

List of documents

The following documents are required to draw up a contract with individual conditions:

• passport;
• TIN or pension insurance certificate;
• income statement;
• property information.

The list varies depending on the amount of the loan and the category of the borrower. For "loyal" customers, only a passport is enough.

For clients who need restructuring, a work book with a mark of dismissal and other documents confirming the inability to pay the debt under the previous conditions may be required.

Requirements for the external execution of the agreement

Individual terms of the agreement are drawn up in a table, the rules for filling which are approved by the Law. The form consists of three chapters, two of which are drawn up by the creditor, and the first has a standardized form.

In general, the table is a strict reporting form and is not subject to changes in the area of ​​the first 16 lines.

When placing a table on several sheets, the title and captions of the columns are saved on each sheet. If the contract requires additional conditions to be specified, then they are entered after the main ones and are drawn up in the same way, with continued numbering.

A special condition of the agreement is the full cost of the loan. Today, the law establishes the need to indicate this fact in the text of the contract.

The full cost is located in the upper right corner of the first page of the contract - in a square frame. It is written in black letters on a white background and should be easy to read.

Sample contract

The contract is exemplary and contains all the clauses that will be written in a real form.

The contract must include the following:

• thing;
• conditions;
• rights and obligations of the parties;
• responsibility;
• other conditions;
• addresses and signatures of the parties.

A mandatory addition is the payment schedule, which is indicated in the application and must be signed by the borrower. If individual conditions change, the bank specialist must print out an additional payment schedule, taking into account the new conditions and the remaining amount of the debt.

The procedure for concluding an agreement

The client contacts the bank and fills out a questionnaire, where he indicates information about himself. To obtain the most loyal individual conditions, it is necessary to provide only truthful information.

However, he has a loan in another bank, dependent children, and when all expenses are deducted, it turns out that the bank cannot issue money on such conditions, however, 140 thousand rubles 4 years is fine. Based on this situation, the bank sends an approved application with modified individual conditions.

The client may agree to the new loan terms, but may also refuse.

Refusal can be if, for example, the bank has significantly increased the term, and early repayment is not provided. After the application is approved, the client signs the contract-offer and receives the money.

It is after receiving cash or transferring money to the account that the transaction is considered concluded.

Is the bank entitled to change the rules of the transaction in the course of the agreements

By law, banks cannot change the rules of a transaction unilaterally.

However, if the contract contains a clause that conditions may change as a result of force majeure situations, then it should be borne in mind that banks usually include events that occur several times a year as such events.

Such conditions may be:

• change in the refinancing rate;
• rising inflation, etc.

The most common things to change are:

• interest rate;
• the size of the commission;
• payment date, etc.

Can the borrower request changes in terms in the future

If you need to change the terms of the agreement, then, first of all, you should read the clause with individual conditions in the consumer lending agreement. If the provisions state that in some situations you can apply for amendments, then you need to contact the bank.

In the presence of force majeure circumstances, the bank will always go to a meeting and easily transfer the payment date or reduce the interest rate.

This operation is called restructuring and applies only to loyal customers who are not in arrears.

If the financial situation of the borrower worsens, it will be necessary to provide documents confirming force majeure events.

It happens that the client cannot get a “loyal” loan, because the period of participation in the salary project is less than 3 months.

In this case, upon reaching the required period of participation in the salary program, the bank will be happy to change the individual loan conditions after submitting the relevant application.

Is the overdraft service subject to personal requirements?

Overdraft is a service that is provided to clients who have proven their reliability.

The topic of consumer lending, which has not descended from the news feeds over the past few months, received another and very tangible information impulse on the New Year's Eve. The President of the Russian Federation signed the Federal Law "On consumer credit (loan)". Very soon this Law will enter into force, which will inevitably entail a significant restructuring of the legal regulation of relations in such a sensitive area as consumer lending to citizens. How will legislative innovations turn out for lenders and borrowers? We will try to answer this difficult question by referring to the most significant provisions of the normative act.

General issues of consumer lending to citizens

Let's start by considering the most common issues of consumer lending to citizens. Let us immediately clarify that the Federal Law of December 21, 2013 N 353-FZ "On Consumer Credit (Loan)" (hereinafter - Law N 353-FZ) does not apply to relations arising in connection with the provision of consumer credit (loan) to citizens (for unless otherwise specified), the borrower's obligations are secured by a mortgage (relations in the field of mortgage lending, see in this regard Articles 334 - 356 of the Civil Code of the Russian Federation (as amended on 12/21/2013) and the Federal Law of 07/16/1998 N 102-FZ (as amended on December 21, 2013)), as well as lending for purposes one way or another related to the implementation of entrepreneurial activities by citizens (Article 23 of the Civil Code of the Russian Federation and Federal Law of July 24, 2007 N 209-FZ (as amended by dated 12/28/2013)), defining consumer lending as a special type of professional activity for the provision of loans in cash, carried out at the expense of systematically raised funds on a repayable and paid basis and (or) carried out (in the general case) for at least four rex times within one year.

Conditions of the consumer credit agreement. Full cost of consumer credit

In accordance with Art. 5 of Law N 353-FZ, the relationship between the lender and the borrower is regulated by a consumer loan agreement. Such an agreement includes, in addition to information about the lender and the borrower, general and individual conditions (terms for the provision, use and return (also execution) of a consumer loan (Article 428 of the Civil Code of the Russian Federation). Obviously, without prior agreement between the lender and the borrower on the terms of the agreement, the conclusion The latter is impossible, and the first step towards harmonizing the positions of the parties is undoubtedly the provision by the lender of information on the terms of such an agreement to the borrower.

Note! The general terms and conditions of the consumer loan agreement, established by the lender unilaterally for the purpose of multiple use, are brought to the attention of potential borrowers in advance by the lender, incl. by posting on the Internet (on the official website of the lender) and in other similar ways. Note that the general conditions included in the consumer loan agreement must comply with the information on such conditions provided by the lender to the borrower in advance.

Information on the conditions for granting, using and repaying a consumer loan includes:
1) the name of the creditor, the location of the permanent executive body, the contact phone number for contacting the creditor, the official website on the Internet, the license number for banking operations (for credit institutions), information on entering information about the creditor into the relevant state register (for microfinance organizations, pawnshops), on membership in a self-regulatory organization (for credit consumer cooperatives);
2) requirements for the borrower, which are established by the lender and the fulfillment of which is mandatory for the provision of a consumer loan;
3) the terms for consideration of an application for a consumer loan issued by the borrower and for the creditor to make a decision regarding this application, as well as a list of documents required for consideration of the application, incl. to assess the creditworthiness of the borrower;
4) types of consumer credit;
5) the amount of consumer credit and the terms of its repayment;
6) currencies in which consumer credit is provided;
7) methods of providing consumer credit, incl. using electronic means of payment by the borrower;
8) interest rates in percent per annum, and when using variable interest rates - the procedure for their determination in accordance with the requirements of Law N 353-FZ;
9) types and amounts of other payments of the borrower under a consumer loan agreement;
10) ranges of values ​​of the full cost of a consumer loan, determined taking into account the requirements of Law N 353-FZ for types of consumer loans;
11) the frequency of the borrower's payments when repaying a consumer loan, paying interest and other payments on the loan;
12) methods for the borrower to repay a consumer loan, pay interest on it, including a free way for the borrower to fulfill obligations under a consumer loan agreement;
13) the terms during which the borrower has the right to refuse to receive a consumer loan;
14) ways to ensure the fulfillment of obligations under a consumer loan agreement;
15) the borrower's liability for improper performance of the consumer loan agreement, the amount of the penalty (fine, penalties), the procedure for calculating it, as well as information on the cases in which these sanctions can be applied;
16) information about other agreements that the borrower is obliged to conclude, and (or) other services that he is obliged to receive in connection with the consumer loan agreement, as well as information about the borrower's ability to agree with the conclusion of such agreements and (or) the provision of such services or refuse from them;
17) information on a possible increase in the amount of the borrower's expenses compared to the expected amount of expenses in rubles, incl. when applying a variable interest rate, as well as information that a change in the exchange rate of a foreign currency in the past does not indicate a change in its exchange rate in the future (for consumer loans in foreign currency);
18) information on the determination of the foreign exchange rate if the currency in which funds are transferred by the creditor to a third party specified by the borrower when granting a consumer loan may differ from the currency of the consumer loan;
19) information on the possibility of prohibiting the assignment by the creditor to third parties of rights (claims) under a consumer loan agreement;
20) the procedure for the borrower to provide information on the use of a consumer loan (if the consumer loan agreement includes a condition on the use by the borrower of the received consumer loan for certain purposes);
21) jurisdiction of disputes on claims of the creditor to the borrower;
22) forms (other standard forms), which define the general terms and conditions of a consumer loan agreement.

Note! The general conditions of a consumer loan agreement should not provide for the obligation of the borrower to conclude (in connection with the conclusion of a consumer loan agreement) other agreements or to use the services of a lender (third parties) for a fee. The general conditions of a consumer loan agreement cannot also provide for the obligation of the borrower to pay (in connection with the conclusion of a consumer loan agreement) payments not specified in the individual conditions of such an agreement, both in the period immediately preceding its conclusion and during the period of the agreement. However, both can be provided for by individual terms of the contract.

Individual terms of a consumer loan agreement are agreed upon by the lender and the borrower (their authorized representatives) - usually in the process of familiarizing the borrower with the draft agreement. These conditions can be divided into mandatory (i.e., unconditionally subject to inclusion in the contract) and conditionally mandatory (optional).
Mandatory individual conditions for the provision, use and repayment of a consumer loan include information:
1) on the amount of consumer credit or credit limit, the procedure for changing it;
2) on the duration of the consumer loan agreement;
3) on the term for repayment of the consumer loan;
4) on the currency (name of the currency) in which the consumer credit is provided;
5) on the interest rate (interest rate) in percentage per annum, and when applying a variable interest rate, the procedure for determining it (in accordance with the requirements of Law N 353-FZ);
6) on the number, amount and frequency (terms) of the borrower's payments under the consumer loan agreement or the procedure for determining these payments;
7) on the procedure for changing the number, size and frequency (terms) of the borrower's payments in case of partial early repayment of a consumer loan;
8) on ways to fulfill monetary obligations under a consumer loan agreement in the locality at the location of the borrower specified in the consumer loan agreement, including a free way for the borrower to fulfill obligations under such an agreement in the locality at the place where the borrower received an offer (offer to conclude an agreement) or at the place location of the borrower specified in the consumer loan agreement;
9) on the liability of the borrower for improper performance of the terms of the consumer loan agreement, the amount of the penalty (fine, penalties) or the procedure for determining them;
10) on the possibility of prohibiting the assignment by the creditor to third parties of rights (claims) under a consumer credit (loan) agreement;
11) on the consent of the borrower with the general terms and conditions of the consumer loan agreement of the relevant type;
12) on the methods of information exchange between the creditor and the borrower.
Among the optional, in particular, include the conditions:
- on determining the foreign exchange rate - if the currency in which funds are transferred by the lender to a third party specified by the borrower when granting a consumer loan differs from the currency in which the consumer loan is granted;
- on the provision of security for the performance of obligations under the contract, as well as on the requirements for such security - if there is an objective need to provide security;
- on the purposes of using the consumer loan by the borrower - if the contract includes a condition on the use by the borrower of a consumer loan for certain purposes;
- about the services provided by the creditor to the borrower for a fee and necessary for concluding a consumer loan agreement, their price or the procedure for determining it (if any) - if an objective need for the provision of such services is seen;
- on the need for the borrower to conclude other agreements required for the conclusion (execution) of a consumer loan agreement, for example, an insurance agreement, etc. in the event that the borrower fails to fulfill the insurance obligation for more than 30 calendar days, the lender has the right to decide to increase the interest rate on the issued consumer loan (subject to the restrictions provided for by Law N 353-FZ).
The last two conditions are included in the consumer loan agreement only with the written consent of the borrower. At the same time, it is not allowed to charge a fee from the borrower for the performance by the creditor of actions in the manner of fulfilling the obligations assigned to him in accordance with regulatory legal acts, individual terms of the contract or in the manner of providing services that do not result in a separate property benefit for the borrower, for example, services for opening a bank account (to credit funds), etc. It should also be clarified that a consumer loan agreement (relevant condition) can establish both one and several ways for the borrower to fulfill monetary obligations under the agreement. At the same time, the agreement must contain information on the method of free execution of the corresponding monetary obligation: in the locality at the place where the borrower received the offer or at the location of the borrower specified in the consumer loan agreement.
The consumer loan agreement may also include other individual conditions arising from the peculiarities of its conclusion that do not contradict Law N 353-FZ (if the general terms of the agreement contradict the individual terms of the agreement, then the latter apply). At the same time, the following conditions cannot be included in the contract:
- on the transfer to the creditor as security for the fulfillment of obligations under the contract of the entire amount of consumer credit or part thereof;
- on issuance by the creditor to the borrower of a new consumer loan in order to repay the existing debt to the creditor without concluding (after the date of occurrence of such debt) a new agreement;
- establishing the obligation of the borrower to use the services of third parties in connection with the fulfillment of the borrower's monetary obligations under the contract for a fee.

Note! Law N 353-FZ establishes special requirements for documenting individual terms of the contract and information about the full cost of a consumer loan. Thus, the individual terms of the contract should be displayed in the form of a table of the established form with a clear, well-read font.

The full cost of the consumer loan is displayed in a square frame in the upper right corner of the first page of the agreement in front of the table containing the individual terms of the agreement, in a clear, well-read font of the maximum size (of the font sizes used on this page). The area of ​​the square frame must be at least five percent of the area of ​​the first page of the consumer loan agreement.
The calculation of the full cost of a consumer loan (hereinafter referred to as PSK) - as a percentage per annum - is made according to the formula:

where is the date of the i-th cash flow (payment);
- date of initial cash flow (payment) (coincides with the date of transfer of funds to the borrower);
n is the number of cash flows (payments);
- the amount of the i-th cash flow (payment) under the consumer loan agreement. Multidirectional cash flows (payments) (inflow and outflow of funds) are included in the calculation with opposite mathematical signs - the provision of a loan to the borrower on the date of its issuance is included in the calculation with a "minus" sign, the repayment of the loan by the borrower, payment of interest on the loan - with the "plus" sign ";
PSK - value in percent per annum.
The value of the interest rate under a consumer loan agreement can be determined using either an annual percentage rate, the fixed value of which is determined in the individual conditions of the agreement upon its conclusion (the so-called constant interest rate), or an annual percentage rate, the value of which may vary depending on changes a variable value provided for in the individual conditions of the contract (the so-called variable, or floating interest rate). The procedure for calculating a variable interest rate must include a variable amount. The values ​​of the variable should be determined on the basis of circumstances beyond the control of the lender and its affiliates. Variable values ​​should be regularly posted to publicly available sources of information. If a variable interest rate is used when determining the interest rate under a consumer loan agreement, the lender is obliged to notify the borrower that the value of the variable used to calculate the interest rate can change not only downwards, but also upwards, and also about that a change in the value of a variable in past periods is not indicative of a change in the value of that variable in the future. The lender is obliged to notify the borrower of a change in the variable interest rate, the calculation of which includes the value of the variable value, no later than 7 calendar days from the beginning of the lending period during which the changed variable interest rate will be applied, and to bring to the borrower information about the TIC calculated on the basis of the changed the value of the variable, as well as a change in the payment schedule under the consumer loan agreement (if it was previously provided to the borrower) in the manner provided for in the consumer loan agreement. When changing the amount of upcoming payments under a consumer loan agreement, the lender sends the borrower an updated schedule of payments under the consumer loan agreement (if it was previously provided to the borrower) in the manner prescribed by this agreement. Let us pay attention to two more circumstances that are essential for determining the final size of the TPS.
First, the Bank of Russia, in accordance with the procedure established by it, quarterly calculates and publishes information on the average market value of TIC (for the categories of consumer loans established by it) no later than 45 calendar days before the beginning of the quarter in which the average market value of TIC is subject to application. Categories of consumer loans are determined by the Bank of Russia in the manner prescribed by it, taking into account the following indicators (their ranges):
- amount and term of consumer credit repayment;
- availability of collateral for consumer credit;
- type of creditor;
- the purpose of the consumer loan;
- use of electronic means of payment;
- the presence of a credit limit.
The average market value of TIC is determined by the Bank of Russia as a weighted average of at least 100 largest lenders for the corresponding category of consumer credit or at least one third of the total number of lenders providing the corresponding category of consumer credit. At the time of concluding a consumer loan agreement, the actual value of the TIC cannot exceed the average market value of the TIC calculated by the Bank of Russia for the corresponding category of consumer credit applied in the corresponding calendar quarter by more than one third (however, in the event of a significant change in market conditions affecting the TIC, a Bank of Russia regulation a period may be set during which the said restriction shall not apply).
Secondly, the creditor, for its part, has the right to unilaterally:
- reduce the constant interest rate;
- reduce (cancel) the fee for the provision of services provided for by the individual terms of the consumer loan agreement;
- reduce the size of the penalty (fine, penalties) or cancel it completely (partially);
- establish a period during which the forfeit (fine, penalty fee) is not charged, or make a decision to refuse to charge the penalty (fine, penalty fee);
- change certain general conditions of the consumer loan agreement.
At the same time, all of the above will not entail the emergence of new (or an increase in the size of existing) monetary obligations of the borrower under the agreement. Information about changes in the terms of the consumer loan agreement is sent by the lender to the borrower in the manner prescribed by the agreement, in the form of a notification. In the event of a change in the amount of forthcoming payments, the notice shall also include information on forthcoming payments. In the future, the lender provides the borrower with proper access to information about changes in the terms of the contract. When determining - subject to the above - the final amount of TIC, all payments preceding the date of transfer of funds to the borrower are included in payments made by the borrower at the date of the initial cash flow (payment). At the same time, the following payments by the borrower are included in the calculation of the TIC:
1) on repayment of the principal amount of the debt under the agreement;
2) on payment of interest under the agreement;
3) the borrower's payments in favor of the creditor, if the borrower's obligation for such payments follows from the terms of the agreement and (or) if the issuance of a consumer loan is made dependent on the borrower making such payments;
4) payment for the issuance and maintenance of an electronic means of payment when concluding and executing an agreement;
5) payments in favor of third parties, if the obligation of the borrower to pay such payments follows from the terms of the agreement in which such third parties are defined, and (or) if the issuance of a consumer loan is made dependent on the conclusion of an agreement with a third party - taking into account the following features:
a) if a third party is determined by the terms of the contract, then the tariffs applied by this person are used to calculate the TIC. The rates used to calculate TIC may not take into account the individual characteristics of the borrower (if the lender does not take into account such characteristics, then the borrower must be properly informed about this);
b) if, when calculating the TIC, payments in favor of third parties cannot be unambiguously determined for the entire loan term, then payments in favor of third parties for the entire loan period are included in the calculation based on the tariffs determined on the date of calculation of the TIC;
c) if several third parties are defined by the agreement, then the calculation of the TIC can be made using the tariffs applied by any of them, and indicating information about the person whose tariffs were used in the calculation, as well as information that when the borrower applies to another person PSK may differ from the calculated one;
6) the amount of the insurance premium under the insurance contract if the beneficiary under such contract is not the borrower or a person recognized as his close relative;
7) the amount of the insurance premium under a voluntary insurance agreement, if, depending on the conclusion of the voluntary insurance agreement by the borrower, the lender offers different terms of the consumer loan agreement, incl. in terms of the term for the repayment of a consumer loan and (or) TIC in terms of the interest rate and other payments.
The calculation of PSK does not include:
1) payments by the borrower, the obligation to make which the borrower follows not from the terms of the consumer loan agreement, but from the requirements of Law N 353-FZ, another federal law;
2) payments related to non-performance (improper performance) by the borrower of the terms of the contract;
3) payments of the borrower for servicing the loan, which are provided for by the agreement, the amount and (or) terms of payment of which depend on the decision of the borrower and (or) the variant of his behavior;
4) the borrower's payments in favor of insurance companies when insuring the subject of pledge under a pledge agreement that secures claims against the borrower under the agreement;
5) payments by the borrower for services, the provision of which does not condition the possibility of obtaining a consumer loan and does not affect the value of the TIC in terms of the interest rate and other payments, provided that the borrower is provided with an additional benefit compared to the provision of such services under the terms of a public offer and the latter has the right to refuse the service within 14 calendar days (with the return to him in this case of part of the payment in proportion to the cost of the part of the service provided before notification of the refusal);
6) when providing a consumer loan with a credit limit - the borrower's fee for carrying out transactions in a currency other than the currency provided for by the agreement (the currency in which the consumer loan was granted), a fee for suspending transactions carried out using an electronic means of payment, as well as other expenses borrower associated with the use of the latter.
When issuing a consumer loan using an electronic means of payment (hereinafter referred to as EMP), the latter must be transferred to the borrower by the lender at the location of the lender (its structural unit), and if the borrower has written consent to this, at the address indicated by him when concluding the consumer loan agreement, in a way that makes it possible to unequivocally establish that the ESP was received by the borrower personally or by his authorized representative. The transfer and subsequent use of the ESP by the borrower is allowed - we emphasize this - only after the creditor has identified the client in the prescribed manner. If the terms of the consumer loan agreement provide for the payment by the borrower of various payments depending on his decision, then the calculation of the TIC is based on the maximum possible amount of the consumer loan and the terms of its repayment, uniform payments under the agreement (including repayment of the principal amount of the debt, payment of interest and other payments determined by the terms of the contract). If the consumer loan agreement provides for a minimum monthly payment, then the TIC is calculated based on this condition (in accordance with the amount of such payment). Prior to the conclusion of a consumer loan agreement, the lender and the borrower, in addition to actions aimed at harmonizing their positions regarding the terms of the agreement, also perform some other actions. Specifically, the lender:
1) examines (free of charge) the documents of the borrower in order to determine its creditworthiness (performs the so-called underwriting procedure, if necessary - with the provision of the borrower with a document on acceptance of documents for consideration);
2) offers the borrower additional paid services (including those related to ensuring the insurable interest of the borrower) - with obtaining from the borrower a written consent to the provision of relevant services to him, at the same time providing the borrower with the opportunity to agree or refuse to provide him with such additional services for a fee, in including through the conclusion of other agreements that the borrower is obliged to conclude in connection with the consumer loan agreement;
3) when the borrower applies for a consumer loan in the amount (with a lending limit) of 100 thousand rubles. and more (in an equivalent amount in foreign currency) - is obliged to inform the borrower that if, within one year, the total amount of payments for all the borrower's obligations under credit agreements, loan agreements, including payments on a consumer loan provided will exceed 50 percent of the borrower's annual income, then there is a risk for the borrower of non-fulfillment of obligations under the contract and, in this regard, the application of penalties to him.
For its part, the borrower:
1) provide the creditor with the necessary documents;
2) expresses written consent or disagreement with the provision of additional paid services;
3) within the period established by Law N 353-FZ informs the creditor of his consent to receive a consumer loan on the conditions announced to him.
The creditor may refuse to conclude an agreement with the borrower without giving reasons, unless federal laws provide for the obligation of the creditor to substantiate the refusal to conclude an agreement. Nevertheless, let us clarify that most often a negative decision is made by the lender due to unsatisfactory underwriting of the borrower or due to the latter's failure to fulfill at least one of the conditions required for concluding a consumer loan agreement. Information about the refusal to conclude a consumer loan agreement (from providing a consumer loan, part of it) in the prescribed manner is sent by the creditor to the National Bureau of Credit History (NBKI). If the lender makes a positive decision, the consumer loan agreement is concluded in the manner prescribed by law for concluding a loan agreement (loan agreement) (Articles 432 - 449 of the Civil Code of the Russian Federation), subject to the provisions of Law N 353-FZ, on which we will focus Further.

Conclusion of a consumer loan agreement

Law N 353-FZ qualifies a consumer loan agreement as concluded subject to two conditions:
1) an agreement has been reached between the lender and the borrower on all individual terms of the agreement (the achievement of such agreement is generally certified by the signatures of the parties to the agreement), while the application for the provision of a consumer loan, the documents necessary for concluding a consumer loan agreement, including individual terms of the agreement, may be signed by the parties using an analogue of a handwritten signature in a way that confirms its belonging to the parties in accordance with the requirements of federal laws, and sent using information and telecommunication networks (hereinafter referred to as ITS). Note that when using this method of exchanging documented information, the borrower, each time he reads the individual terms of the contract in the ITS, must receive a notification from the lender about the period during which the contract can be concluded on such terms;
2) the agreement is considered concluded from the moment (date) of the transfer of credit funds to the borrower.
When concluding a consumer loan agreement, the lender:
a) is obliged to provide the borrower with information (in the form of a so-called payment schedule) on the amounts and dates of the borrower's payments under the agreement (the procedure for determining them), indicating separately the amounts allocated to repay the principal debt on a consumer loan and the amounts allocated to repay interest , as well as the total amount of the borrower's payments during the term of the agreement, determined on the basis of the conditions in force on the date of conclusion of the agreement (this requirement does not apply to the case of providing a consumer loan with a credit limit);
b) has the right to demand from the borrower to insure the relevant insurable interest of the borrower at its own expense (the lender is obliged to provide the borrower with a consumer loan on the same terms (amount, repayment term of the consumer loan and interest rate) if the borrower independently insured the relevant insurable interest in favor of the lender with the insurer, meeting the criteria established by the lender in accordance with the requirements of the law, and if the latter does not provide for the obligatory conclusion of an insurance contract by the borrower, the lender is obliged to offer the borrower an alternative consumer loan on comparable consumer loan terms, but without the mandatory conclusion of an insurance contract). We note further that the borrower has the right to inform the lender of his consent to receive a consumer loan on the terms specified in the individual terms of the agreement within 5 working days from the date the individual terms of the agreement were provided to the borrower (unless a longer period is established by the lender or by agreement between the lender and the borrower), while during the specified period the lender is not entitled to unilaterally change the individual terms of the contract offered to the borrower. At the request of the borrower, within the specified period, the lender provides the borrower free of charge with the general terms and conditions of the consumer loan agreement of the corresponding type. The borrower has the right to refuse to receive a consumer loan (in whole or in part) by notifying the lender in writing before the expiration of the period for its provision established by the agreement. If the lender receives the individual terms and conditions of the agreement signed by the borrower after the expiration of the established period, the consumer loan agreement is not considered concluded. After the conclusion of the contract, incl. providing for the provision of a consumer loan with a lending limit, the lender is obliged to send the borrower, in the manner prescribed by Law N 353-FZ and the agreement, the following information (provide the borrower with access to them):
1) the amount of the borrower's current debt to the creditor under a consumer loan agreement;
2) the dates and amounts of the borrower's made and forthcoming payments under the consumer loan agreement;
3) other information specified in the consumer loan agreement (for example, information on the available amount of consumer credit with a credit limit).
The borrower, after granting a consumer loan, has the right to receive the above information upon request on a monthly basis: once a month - free of charge, any number of times a month - for a fee. Information about the presence of overdue debt under a consumer loan agreement is sent to the borrower free of charge in the manner prescribed by the agreement. Note that the term for sending such information cannot exceed 7 calendar days from the date the borrower has an overdue debt, incl. due to the insufficiency of the amount of the payment made by the borrower for the proper performance of obligations under the contract. Repayment of overdue debts in such cases is carried out in the following order:
1) interest debt;
2) indebtedness on the main debt;
3) forfeit (fine, penalty interest), while their amount cannot exceed:
a) 20% per annum, if, under the terms of the agreement, interest on the amount of consumer credit for the corresponding period of violation of obligations is accrued;
b) 0.1% of the amount of overdue debt for each day of violation of obligations, if, under the terms of the agreement, interest on the amount of consumer credit (loan) for the corresponding period of violation of obligations is not accrued;
4) interest accrued for the current payment period;
5) the amount of the principal debt for the current payment period;
6) other payments provided for by Law N 353-FZ, other federal laws or an agreement.

Change and termination of the consumer loan agreement

Changing the terms of the consumer loan agreement is carried out in compliance with the requirements established by the Federal Law of December 21, 2013 N 353-FZ "On consumer credit (loan)" (hereinafter - Law N 353-FZ), other federal laws. In the general case (Article 450 of the Civil Code of the Russian Federation), a change in the terms of the contract is allowed by agreement of the parties, concluded in a form similar to the form of the contract, i.e. in relation to a consumer loan agreement, in writing.
In addition, at the request of one of the parties, the contract may be amended in court (in accordance with a court decision that has entered into force), incl. in the event of a material breach of the contract by the other party, as well as in other cases stipulated by federal laws or the contract. Recall that such a violation of the contract (its terms) by one of the parties is recognized as significant, as a result of which one of the parties incurs damage, leading to the loss of the latter to a large extent of what the corresponding party was entitled to count on when concluding the contract.
The contract may also be amended in the event of a unilateral refusal to perform the contract in whole or in part, if such refusal is allowed by federal laws or by the contract (agreement) of the parties. The parties to the agreement may determine other grounds for changing its terms, incl. depending on the occurrence or, on the contrary, non-occurrence of the relevant circumstances, by including the relevant provisions directly in the contract or by concluding an appropriate written agreement between them.
Now let's turn to the consideration of the grounds for terminating a consumer loan agreement. In accordance with Art. 450 of the Civil Code of the Russian Federation, termination of the contract is allowed on the same grounds as for changing it, subject to the general procedure provided for in Art. 452 of the Civil Code of the Russian Federation (a similar procedure is applied for the purposes of amending the contract).
Law N 353-FZ allows - upon the occurrence of appropriate circumstances - the termination of a consumer loan agreement both at the initiative of the lender and at the initiative of the borrower. Thus, if the borrower fails to fulfill the insurance obligation stipulated by the terms of the consumer loan agreement for more than 30 calendar days, the lender has the right to demand early termination of the agreement and (or) the return of the entire remaining amount of the consumer loan, together with the interest due for the actual period of use of the loan funds, notifying in writing about this borrower. The notice specifies a reasonable period for repaying the consumer loan, which in general cannot be less than 30 calendar days from the date of sending the said notice.
In the event that the borrower violates the obligation stipulated by the consumer loan agreement to use the credit funds provided for the intended purpose, provided with the condition of use for certain purposes, the lender is also entitled to refuse further lending under the agreement and (or) demand from the borrower a full early repayment of the corresponding amount of the consumer loan.
The consumer loan agreement can be terminated at the initiative of the borrower after 14 calendar days (and more - during the entire period of the agreement, except for the last 30 calendar days of this period) from the date of receipt of credit funds by him in case of their early return to the lender with payment of interest for the actual term of crediting (in case of early repayment of the entire amount of the consumer credit (loan) or part of it, the borrower is obliged to pay interest to the creditor under the consumer credit (loan) agreement, interest on the returned amount of consumer credit is calculated inclusively until the day of the actual return of the corresponding amount), while not required prior notice to the lender by the borrower, and the fact of repayment of loan funds and interest for the actual loan term in this case is established on the basis of properly executed documents.
Termination of a consumer loan agreement provided with the condition that the borrower uses credit funds for certain purposes is allowed on the above conditions, but not earlier than 30 calendar days from the date the borrower receives them.
Early return to the lender of credit funds (with payment of interest for the actual loan term) after 14 or 30 calendar days from the date the borrower receives credit funds, but not less than 30 calendar days (except when a shorter period is established by the agreement) before the date established by the agreement the date of repayment of a consumer loan - in whole or in part - is allowed with the obligatory notification of the creditor. The method of such notification is also established by the contract. The lender, within 5 calendar days from the date of receipt of the notification, is obliged, based on the early repayment of the consumer loan amount, to calculate the amount of the principal debt and interest for the actual period of use of the consumer loan payable, and provide the specified information to the borrower (if the terms of the agreement provide for the opening and maintenance of a bank account borrower from the lender, the latter, in addition, provides the borrower with information on the balance of funds in the bank account).

Note! The date of termination of the agreement in such cases (as a general rule) is the day following the day the borrower fully repays the loan funds and interest for the actual loan term, while the agreement (written agreement of the parties to the agreement) may establish a different date for terminating the consumer loan agreement on the basis under consideration - in particular, the agreement may provide for a condition on the early repayment of a consumer loan (its part with interest paid for the actual loan term) only on the day the next payment is made under the agreement (in accordance with the payment schedule), but not more than 30 calendar days from the date of written notice to the creditor of such return.

In case of early repayment of a part of a consumer loan, the lender, in the manner prescribed by the agreement, is obliged to provide the borrower with updated information about the TIC, if the early repayment of a part of the credit funds led to a change in the TIC provided for by the agreement at its conclusion. An updated payment schedule is provided to the borrower if such a schedule was provided to him earlier (at the conclusion of the contract). At the same time, we emphasize that the early repayment of a part of a consumer loan does not entail the need to change agreements that ensure the fulfillment of the borrower's obligations under a consumer loan agreement.
The parties to the consumer loan agreement may also determine other grounds for its termination, incl. depending on the occurrence or, on the contrary, non-occurrence of the relevant circumstances, by including the relevant provisions directly in the contract or by concluding an appropriate written agreement between them.

Assignment of rights (claims) under a consumer loan agreement

A few words about the assignment of rights (claims) under a consumer loan agreement. The lender has the right to assign rights (claims) under a consumer loan agreement to third parties, incl. for the purpose of returning the resulting debt, unless otherwise provided by federal laws or the contract (the latter must include a condition on the prohibition of assignment). When assigning rights (claims) under a consumer loan agreement, the lender has the right to transfer the personal data of the borrower and the persons who provided security under the agreement, in accordance with the law (Federal Law of July 27, 2006 N 152-FZ, as amended on January 1, 2014), and the person , to which the rights (claims) under the agreement were assigned (hereinafter referred to as the new creditor), is obliged to ensure the confidentiality and security of the specified data.
The borrower retains in relation to the new creditor all the rights granted to him in relation to the original creditor in accordance with Law N 353-FZ, other federal laws (but, note, not the contract). The borrower's claims for the protection of consumer rights against the creditor in order to resolve disputes in connection with the conclusion of a consumer loan agreement are carried out in accordance with the law (Law of the Russian Federation of 07.02.1992 N 2300-1 as amended on 01.01.2014). The territorial jurisdiction of the case on the claim of the creditor against the borrower, which has arisen (may arise in the future at any time before the court accepts the case for its proceedings), can be changed by agreement of the parties in accordance with the individual terms of the agreement (except as otherwise established by law) and taking into account relevant provisions of the Law N 353-FZ.

Consequences of failure by the borrower to repay principal and/or interest payments

Until recently, the "pain point" in the system of organizational and legal regulation of consumer lending was the resolution (primarily out of court) of situations that arose as a result of a borrower's violation of the terms for repaying credit funds.
It is gratifying that Law N 353-FZ allows - albeit purely theoretically for the time being - to dot the "i" here. According to Law N 353-FZ, a borrower’s violation of the terms for repaying the principal amount of the debt and (or) paying interest under a consumer loan agreement entails liability established by law and the agreement, as well as the emergence of the lender’s right to demand early repayment of the entire remaining amount of the consumer loan (together with due agreement with interest) and (or) termination of the agreement, including, we emphasize this, out of court. This, of course, implies that the violation was properly established primarily on the basis of the relevant (payment and other) documents.

Note! In the event that the borrower violates the terms of the consumer loan agreement regarding the terms of repayment of the principal amount and (or) payment of interest for a duration (total duration) of more than 60 calendar days during the last 180 calendar days, the lender has the right to demand early repayment of the remaining amount of the consumer loan (together with due interest) and (or) termination of the agreement, notifying the borrower in the manner prescribed by the agreement, and setting a reasonable period for the return of the remaining amount of the consumer loan, which cannot be less than 30 calendar days, calculated from the date of sending by the creditor.

In the event that the borrower violates the terms of the consumer loan agreement concluded for a period of less than 60 calendar days, in terms of the repayment of the principal amount and (or) payment of interest for a duration (total duration) of more than 10 calendar days, the lender has the right to demand early repayment of the remaining amount of the consumer loan ( together with the interest due) or termination of the agreement by notifying the borrower in the manner prescribed by the agreement and determining a reasonable period for repayment of the remaining amount of the consumer loan, which cannot be less than 10 calendar days calculated from the date of sending the notification. At the same time, liability measures cannot be applied to the borrower for violation of the terms for repaying the principal amount of a consumer loan and (or) paying interest, if he complied with the terms specified in the last payment schedule under the agreement duly sent to him by the lender.
When taking actions aimed at extrajudicial repayment of debts arising under a consumer loan agreement, the creditor and (or) the legal entity with which the creditor has entered into an agency agreement providing for the performance by such person of legal and (or) other actions aimed at repayment of the debt, arising under the agreement, has the right to interact with the borrower and the persons who provided security under the consumer loan agreement, using for this purpose:
- personal meetings;
- telephone conversations;
- postal items at the place of residence of the borrower (the person who provided the security under the contract);
- telegraph messages;
- text, voice and other messages transmitted over telecommunication networks (including mobile radiotelephone networks).
Other methods of interaction with the borrower (the person who provided the security under the consumer loan agreement) can be used at the initiative of the creditor and (or) the person carrying out activities to repay the debt, only with the written consent of the borrower (the person who provided the security under the agreement). At the same time, at the initiative of the creditor and (or) the person carrying out activities to repay the debt, the following actions are not allowed:
- personal meetings, telephone conversations with the borrower or the person who provided the security under the agreement, aimed at the borrower's fulfillment of the obligation under the agreement, the deadline for which has not come, except for the case when the right to demand early performance of the obligation under the agreement is provided for by Law N 353-FZ or otherwise federal law;
- personal meetings, telephone conversations or interaction with the borrower (the person who provided the security under the contract) through short text messages sent using mobile radiotelephone networks on weekdays from 22:00 to 08:00 local time and on weekends (non-working holidays ) days from 20:00 to 09:00 local time at the place of residence of the borrower (the person who provided the security under the agreement), which is indicated when concluding the consumer loan agreement (the agreement that ensures the execution of the consumer loan agreement) or about which the creditor was notified in the manner prescribed by the agreement consumer credit.
A creditor (a person carrying out activities to repay a debt) is not entitled to take legal and other actions aimed at repaying a debt that arose under a consumer loan agreement with the intent to harm the borrower (the person who provided security under the agreement), as well as to abuse the right in other forms . In direct interaction with the borrower (the person who provided the security under the consumer loan agreement) - i.e. in personal meetings and telephone conversations - the creditor (the person carrying out activities to repay the debt) is obliged to report either:
- last name, first name, patronymic (the last one, if any) or the name of the creditor and (or) the person carrying out activities to repay the debt;
- location, last name, first name, patronymic (the last one, if any) and position of the employee of the creditor or the person carrying out activities to repay the debt, who interact with the borrower;
- the address of the location for sending correspondence to the creditor (the person carrying out activities to return the debt).
In conclusion, we note that Law N 353-FZ applies to consumer credit (loan) agreements concluded after the day it enters into force, i.e. effective July 2, 2014. In order to prevent violations of Law No. 353-FZ, the Bank of Russia supervises its observance. The publication of the average market values ​​of the total cost of a consumer credit (loan) by categories of consumer credits (loans) provided for by Law N 353-FZ is carried out by the Bank of Russia starting from November 14, 2014.
Control over compliance by persons engaged in debt recovery activities, if they are not credit (non-credit financial) organizations, with the requirements of Law No. organs).

1. A consumer credit (loan) agreement is concluded in the manner established by the legislation of the Russian Federation for a credit agreement, a loan agreement, taking into account the specifics provided for by this Federal Law.

2. If, when providing a consumer credit (loan), the borrower is offered for a fee additional services provided by the lender and (or) third parties, including life and (or) health insurance of the borrower in favor of the lender, as well as other insurable interest of the borrower, a an application for the provision of a consumer credit (loan) in the form established by the lender, containing the borrower's consent to the provision of such services to him, including the conclusion of other agreements that the borrower is obliged to conclude in connection with the consumer credit (loan) agreement. The lender in the application for the provision of a consumer credit (loan) is obliged to indicate the cost of the additional lender's service offered for a fee and must ensure that the borrower agrees or refuses to provide him with such an additional service for a fee, including through the conclusion of other agreements that the borrower is obliged to conclude in connection with a consumer credit (loan) agreement.

3. Consideration of an application for a consumer credit (loan) and other documents of the borrower and assessment of its creditworthiness are carried out free of charge.

4. If the borrower, at the request of the creditor, has filed an application for the provision of a consumer credit (loan), but the decision to conclude a consumer credit (loan) agreement cannot be made in his presence, at the request of the borrower, he is provided with a document containing information on the date of acceptance to consider his application for a consumer credit (loan).

5. Based on the results of consideration of the borrower's application for the provision of a consumer credit (loan), the creditor may refuse to conclude a consumer credit (loan) agreement to the borrower without giving reasons, unless federal laws provide for the obligation of the creditor to justify the refusal to conclude the agreement. Information about the refusal to conclude a consumer credit (loan) agreement or the provision of a consumer credit (loan) or part thereof is sent by the creditor to the credit history bureau in accordance with Federal Law No. 218-FZ of December 30, 2004 "On Credit Histories".

6. A consumer loan agreement is considered concluded if an agreement is reached between the parties to the agreement on all the individual terms of the agreement specified in Part 9 of Article 5 of this Federal Law. A consumer loan agreement is considered concluded from the moment the funds are transferred to the borrower.

7. The borrower has the right to inform the lender of his consent to receive a consumer credit (loan) on the terms specified in the individual terms and conditions of the consumer credit (loan) agreement within five working days from the date of provision of the individual terms of the agreement to the borrower, unless a longer period is established by the lender. At the request of the borrower, within the specified period, the lender provides him free of charge with the general terms and conditions of the consumer credit (loan) agreement of the appropriate type.

8. The creditor is not entitled to unilaterally change the individual terms and conditions of the consumer credit (loan) agreement offered to the borrower within five working days from the date of their receipt by the borrower, unless a longer period is established by the creditor.

9. If the creditor receives individual terms and conditions of the consumer credit (loan) agreement signed by the borrower after the expiration of the period established by part 8 of this article, the agreement is not considered concluded.

10. When concluding a consumer credit (loan) agreement, the creditor, in order to secure the fulfillment of obligations under the agreement, has the right to demand from the borrower to insure at his own expense against the risks of loss and damage to the pledged property for an amount not exceeding the amount of the secured claim, as well as to insure the borrower’s other insurable interest . The lender is obliged to provide the borrower with a consumer loan (loan) on the same (amount, repayment term of the consumer loan (loan) and interest rate) conditions if the borrower independently insured his life, health or other insurable interest in favor of the lender with an insurer that meets the criteria established by the creditor in accordance with the requirements of the legislation of the Russian Federation. If the federal law does not provide for the obligatory conclusion of an insurance contract by the borrower, the lender is obliged to offer the borrower an alternative consumer credit (loan) on comparable (amount and repayment term of the consumer credit (loan) consumer credit (loan) conditions without the obligatory conclusion of an insurance contract.

11. In a consumer credit (loan) agreement providing for the obligatory conclusion of an insurance agreement by the borrower, it may be provided that if the borrower fails to fulfill the insurance obligation for more than thirty calendar days, the creditor has the right to decide to increase the interest rate on the issued consumer credit (loan) up to the level of the interest rate that was in force at the time of the conclusion of the consumer credit (loan) agreement under consumer credit (loan) agreements on comparable (amount, repayment term of the consumer credit (loan) consumer credit (loan) conditions without the obligatory conclusion of an insurance agreement, but not higher than the interest rate under such consumer credit (loan) agreements that were in force at the time the creditor made a decision to increase the interest rate due to failure to fulfill the insurance obligation.

12. In the event that the borrower fails to fulfill the insurance obligation for more than thirty calendar days, stipulated by the terms of the consumer credit (loan) agreement, the creditor shall have the right to demand early termination of the consumer credit (loan) agreement and (or) the return of the entire remaining amount of the consumer credit (loan) together with the due interest for the actual loan period, notifying the borrower in writing and setting a reasonable period for repayment of the consumer credit (loan), which cannot be less than thirty calendar days from the date the creditor sends the said notification, except for the case provided for by part 11 of this article.

13. In case of violation by the borrower of the obligation stipulated by the consumer credit (loan) agreement to use the consumer credit (loan) for the intended purpose, provided with the condition that the borrower uses the funds received for certain purposes, the creditor is also entitled to refuse further lending to the borrower under the consumer credit (loan) agreement and ( or) demand full early repayment of the consumer credit (loan).

14. The documents required for concluding a consumer credit (loan) agreement in accordance with this article, including individual terms and conditions of a consumer credit (loan) agreement and an application for a consumer credit (loan), may be signed by the parties using an analogue of a handwritten signature in a manner confirming its belonging to the parties in accordance with the requirements of federal laws, and sent using information and telecommunication networks, including the Internet. At each acquaintance in the information and telecommunication network "Internet" with the individual terms of a consumer credit (loan) agreement, the borrower must receive a notification about the period during which a consumer credit (loan) agreement can be concluded with the borrower under such conditions and which is determined in accordance with this federal law.

15. When concluding a consumer credit (loan) agreement, the lender is obliged to provide the borrower with information on the amounts and dates of payments by the borrower under the consumer credit (loan) agreement or the procedure for determining them, indicating separately the amounts allocated to repay the principal debt under the consumer credit (loan), and amounts allocated for the repayment of interest, as well as the total amount of the borrower's payments during the term of the consumer credit (loan) agreement, determined on the basis of the terms of the consumer credit (loan) agreement in force on the date of conclusion of the consumer credit (loan) agreement (hereinafter referred to as the payment schedule under a consumer credit (loan) agreement This requirement does not apply to the case of a consumer credit (loan) with a credit limit.

Composition of a consumer loan agreement

Consumer lending is permissible in the form of an accession agreement (clause 1, article 428 of the Civil Code of the Russian Federation) . Not all conditions can be negotiated with borrowers in the order of unconditional accession. Thus, a consumer loan agreement consists (part 1, article 5 of the law on consumer credit):

• from general conditions;
• individual conditions.

The general conditions are not listed, i.e., their composition can be determined from the opposite, based on Part 9 of Art. 5 of the law on consumer credit on individual conditions that are mandatory for inclusion in the sample contract.

The law includes 16 conditions for the latter, for example:

• loan amount;
• loan terms;
• percent. From 07/01/2019, no more than 1% per day (subparagraph “a”, paragraph 2, article 1 of the law “On amendments ...” dated 12/27/2018 No. 554-FZ).

repayment schedule, etc.

The parties to the loan agreement have the right to expand their list at their discretion and by mutual agreement.

Individual conditions are presented in the form of a table in the form, approved. BR Directive No. 3240-U dated April 23, 2014 (hereinafter referred to as Directive No. 3240-U). From 06/24/2018, they should be applied subject to the changes made by Directive No. 4794-U dated 05/15/2018. There is no fixed form for general ones - it is established by the financial organization independently (clause 3, article 5 of the law on consumer credit) on the basis of civil law and business customs.

• if there is no clause in the contract, then the line is filled with the word "Absent";
• if one or another condition is not applicable to this type of loan, then the word “Not applicable” is entered in the line.

Conclusion of a consumer credit (loan) agreement

Agreement, in accordance with Part 6 of Art. 7 of the law on consumer credit, is considered concluded from the moment when the funds were transferred to the borrower. At the same time, within 5 days or a longer period determined by the creditor, from the moment the general and individual conditions are provided:

• the borrower has the right to express his consent to the conclusion of the contract;
• the creditor is not entitled to change the terms of the contract.

A contract not returned to the financial institution in a timely manner is considered not concluded

As for the consumer loan agreement, this is a special case of the relationship of a financial organization with a consumer. A consumer loan is subject to rules similar to the rules for consumer credit. It is distinguished only by the subject - a credit organization (loans are issued by banks, pawnshops and microfinance organizations - loans).

Thus, a financial institution is not completely free to draw up a standard consumer loan / loan agreement. Regulatory acts divide the conditions into general and individual, describe the procedure for their coordination with the consumer.