When issuing a loan, the bank draws up a loan agreement. The loan agreement specifies the amount, date of issue, term, type of payments, interest rate. The loan agreement also specifies the formula by which the current loan payment is calculated. The bank also issues a payment schedule, where the above parameters are indicated and you can always see how much and when you must pay the bank.
However, sometimes there is no payment schedule, or there were early repayments and you need to understand whether the bank calculated the current payment correctly. This will help you. A special feature of this program is the calculation of the payment schedule taking into account dates. The same payment schedules, taking into account dates, are issued by VTB24 and Sberbank or any Moscow bank.
Initially, to check the results of payment schedule calculations, you need to go to the websites of VTB or Sberbank. This is a hassle and the search can take a long time.
Find loan calculators there and do the math.
However, even here the calculation will not be correct.
Can be used
Early repayment of a loan with annuity payments at Sberbank
To calculate early loan repayment you need
- Calculate monthly payment
- Calculate the early repayment amount
- Calculate how the term or amount of the next payment will change in case of early repayment
N – number of whole months
i – loan rate per month (i.e. annual rate / 12)
The loan amount from Sberbank is without the down payment amount, i.e. the amount specified in the contract.
Let's calculate a loan of 1 million. rubles at 12% for a period of 60 months. We will consider the date of issue to be January 12, 2012.
Substituting the data into the formula, we get 22244.45 - the amount of the monthly payment. This is what the payment schedule looks like 
Let's say we made an early repayment with a reduction in the amount - this means that early repayment reduces the amount of the monthly payment by .
Let's add early repayment in March 2012, before the next payment date. This early repayment will be taken into account in March and the new payment will only be made in April. 
Let's figure out how the calculation is carried out. After payment on February 12, 2012, the principal amount will be 975,733.43. Let us subtract from this amount the amount of early repayment and the amount to repay the principal debt for February. It is equal to 12203.13.
975733.43 — 100000 — 12203.13= 862766.45
The resulting amount is the principal amount after early repayment.
Now let's calculate the monthly payment. To do this, let’s substitute the amount 862766.45 into the formula of the Sberbank calculator.
Since 3 months have already passed from the date the loan was issued, the new loan term will be equal to
n= 60 – 3 = 57.
As a result, we get a monthly payment according to the above formula 19931.25
Calculating a loan in Sberbank using a loan calculator for iPad/iphone
Let's look at the payment schedules obtained using a loan calculator and from the Sberbank of the Russian Federation website. 
If you look closely, the mortgage payments are the same.
However, for the Sberbank calculator there is no detailing by dates; only months are displayed.
The difference in the total amount of interest - The amount of overpayment for the entire period is 827,291.47 rubles versus 827,008.2. The difference for a period of 10 years is insignificant.
Therefore, we can conclude that the calculation results of our loan calculator and the Sberbank loan calculator are the same. This calculator can be used instead of the Sberbank loan calculator.
Sberbank loan calculator and formulas for calculating annuity payments
More details on how the loan payment schedule is calculated and what formulas are used can be found on the page. These formulas are standard and are used in many banks. Questions can be asked in the comments to the article.
Sberbank often calculates loans taking into account weekends and holidays. Therefore, the payment schedules for the Sberbank loan calculator and the online calculator presented on the website will differ
Anyone can make a mistake, including a bank employee. The most common error is incorrect writing of personal data when transferring money or issuing cards. Credit institutions are ready to correct mistakes at their own expense, but not to compensate clients for moral damages.
Error in writing your name
The situation when a client receives a long-awaited plastic card and sees that the letters in the name indicated on it are mixed up is not uncommon. A citizen could correctly fill out an application for a card, but at the exit receive it with a different last name.
Bank employees admit that the list of the most common errors is dominated by those related to the human factor. “As a rule, this concerns incorrect writing of the client’s personal data - for example, indicating the wrong name when issuing bank cards,” explains Vladimir Donshchuk, director of sales and distribution of the retail segment in the Moscow region.
Having received a plastic with an error, there is no need to rush to reissue it. After all, not every inaccuracy in writing the cardholder’s personal data is critical. According to Valery Torkhov, Deputy Chairman of the Board of Avangard Bank, the card may contain mixed up letters in the first or last name, but much will depend on the store cashier - whether he considers this a reason for refusing to pay for the purchase or not.
Therefore, reissue should be considered if a problem arises in practice. They may appear if the acquiring financial institution has established strict requirements for the work of companies accepting non-cash payments.
There are special instructions developed by banks for point-of-sale cashiers. According to them, the name indicated on the card must match what is indicated in the passport. If a different name is written, then the plastic is invalid.
However, variations in first and last names are allowed. For example, you can write Dmitriy, or you can write Dmitri, but when the last name is Petrov, and Patrov is written on the card, then such a mistake is considered obvious.
“When transliterating a name, there may be an insignificant difference - a maximum of two letters,” says one of the bankers, noting that credit institutions, when issuing a card, ask the client to write the last name and first name as in the international passport.
Alexander Vishnyakov, who heads the department of card business and remote services at “”, reminds that using a card for minor errors in transliteration is not prohibited in Russia. But if the client asks to change the plastic because of mistakes made by the employees, the acquirer will do it for free. But if the citizen himself provided incorrect information when filling out the application, the bank will charge a fee for the reissue.
Errors with money transfers
Errors when entering personal information are also possible in situations where the bank transfers money on behalf of the client. “The operator may enter the client’s passport information incorrectly or indicate incorrect details of the bank to which the transfer is sent,” says the chief specialist of the business development department of one of the banks.
According to the specialist, the risk of such an error always remains, but documents are subject to double checking; first, they are checked by the head of OPERO in the department, and then subsequent control occurs. If an error is found, it is corrected.
On one banking Internet resource, a visitor to AJR wrote a review about how he transferred funds to Loko-Bank through the WesternUnion system. “I received a transfer. I returned home and read more carefully what was in the paper. My patronymic, written in Latin letters, which is why I couldn’t see it right away, turned into a swear word. I received the document and it turned out that according to it I am now HYEVICH,” he complains.
If mistakes were made in the first or last name, then, as in the situation with cards, a maximum of two insignificant errors are allowed. If the transfer details are written incorrectly, the funds will not be credited, they will be returned back to the account, after which you can send them again.
Operators make mistakes not only during transfers, but also in the process of replenishing client accounts. One financial institution reported a case where an employee mistakenly credited a debit account with money that the client wanted to transfer to a card account with an open overdraft in order to pay off the debt.
Another mistake common to bank employees is incorrect consultation. “Sometimes the following happens: the client is given incorrect information either due to the employee’s unprofessionalism, or because the employee speaks in “banking” language, forgetting that a citizen may not understand such terms (by the way, there is a page for this on our website) , such as collection, bank BIC, debit card, etc. As a result, the client understands everything incorrectly, in his own way,” notes Olga Saushkina, head of the client relationship development department of Moskommertsbank. The consequences, she says, are different: money is sent to the wrong place, delays occur, claims and complaints are written to the bank.
One banker recalls a case when a client was assured over the phone that replenishing a bank card with a currency different from the card account currency was done without commission. “Our tariffs involve charging a commission, the employee made a mistake due to ignorance of the tariffs. As a result, they took a commission from the client, ruining the relationship with him. This is a grave mistake,” the banker adds.
Also, in one of the financial organizations, on condition of anonymity, they spoke about a case when an employee announced to the borrower the amount of debt on plastic with an overdraft, forgetting about the commission under the agreement on the card account. As a result, the debt was not repaid in full.
Error correction
1. When errors are discovered, bankers take immediate action to correct or eliminate them. If a credit institution has incorrectly indicated the client’s data on the issued card, it will be reissued upon the holder’s request.
2. If an error is made during a money transfer, bankers contact the client and ask them to repeat it.
3. If the employee incorrectly informed the citizen about the amount of the debt, having underestimated it, then he will notify the borrower about this and ask him to add the required amount.
In order to prevent errors caused by human factors, financial organizations try to automate the procedure as much as possible. Where there is manual labor, for example, among transaction operators, there is always a high probability of errors. Banks are fighting this with maximum automation of transactions and, of course, through effective organization of control, mentoring, and additional training.
When analyzing the mistakes that have taken place, the main thing for a credit institution is to find out whether they crept in by accident or whether it became a system. If the error is systemic in nature and the human factor is not to blame, the bank will finalize this business process. If the error is a consequence of the employee’s actions, then we try to improve his qualifications.
The banks assure that they are ready to compensate the client for direct damage incurred as a result of employee errors. Based on the agreement with the client, the financial institution undertakes to reimburse fines, commissions and other payments erroneously debited from the account.
However, the client will have to compensate for indirect and moral damage in court. Representatives of banks admit that mistakes often cause not direct financial losses for clients, but temporary and emotional costs (for example, it is necessary to re-visit a credit institution). But the amount of compensation for moral damage is determined solely by the court: bankers can return funds transferred unlawfully to a client, but they are not authorized to independently assess the amount of moral damage.
In addition, it is difficult for the client to compensate for indirect losses that are caused by a delay in making a payment due to incorrectly specified data. Any compensation for possible harm is determined by the contractual relations of the financial organization or the court. Typically, the bank bears financial responsibility for direct monetary losses, which still need to be proven. Clients can only achieve other compensation through litigation.
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Read the materials on our website on financial literacy to always be aware of how and where to solve this or that problem related to banks.
Today in our country the credit market is growing by leaps and bounds. Every day the list of available credit programs is expanding and almost any goods and services can be purchased with bank money. But, of course, you and I all understand that banks do not work selfishly, and the money once taken will still have to be returned, and at the same time sometimes you will also have to pay considerable interest. However, practice has already proven that not everyone has yet learned to carefully read the terms of the loan agreement and calculate the monthly loan payment. Perhaps the anticipation of a large purchase from someone clouds the mind and this is precisely what leads to the fact that the first option of a credit program is drawn up, which may be far from optimal. It is in order to protect you from unknown pitfalls and mathematical errors that I will give an example of calculating a payment schedule for a loan from a Sberbank.
How to check the loan calculation and payment schedule issued by VTB24 or Sberbank?
Calculation of the monthly payment in the third month: - loan repayment amount = 100,000 / 36 = 2777.8 - interest on the loan = (100,000 – (2777.8+277.8)) x 10% / 12 = 787 - total payment = 2777.8 + 787 = 3564.8 rub. etc. As can be seen from the calculation, at the beginning of the term the payments are larger, then their value gradually decreases due to a decrease in the principal debt. And finally, remember that when printing out a monthly payment schedule from a bank teller, always check any discrepancies with your calculations.
Don’t let yourself be deceived, watch what you pay to banks and what conditions you sign. Maria Kshevitskaya, credit expert, especially for NeBankir.Ru @2011-2017 NeBankir.RU - advice to bank clients: where to get a loan, where to invest money, how to choose a bank: credit cards, loans, bank deposits, deposits, investments, investing money.
Announcement
We are all familiar with the standard situation when banks cheat their clients, counting on their ignorance in this matter. Judge for yourself... Banks mainly use two methods for calculating loan payments - annuity or differentiated. Annuity payments mean payments in equal amounts over a certain period of time.
That is, for example, 3000 rubles. every month. Today, most Russian banks use this method. And this is quite understandable. Firstly, it is convenient for the borrower (you won’t need to look for a payment schedule every month to remember the amount). Secondly, the burden on the borrower’s budget is reduced due to uniform payment over the entire period of time.
And finally, with an annuity schedule, the last payment is always smaller, due to the fact that it adjusts all payments according to the schedule.
Incorrect payment schedule
Attention
The terms of the agreement do not change, but the bank fully or partially forgives accrued penalties and fines. Increasing the loan term. Typically up to 3 years for consumer loans and up to 10 years for mortgages. “Stretching” the loan over time allows you to reduce the monthly payment. The final overpayment will be greater, but the measure will reduce the current monthly burden on the family budget.
Individual repayment schedule. The repayment schedule changes in a direction favorable for the borrower. The payment date is postponed, the order of repayment of the debt is changed (for example, first fines, then interest, then the principal). For example, if you have a seasonal job, you can distribute payments so that you pay more during the high season and less during the slow season.
There is a chance to even change the annuity schedule to a differentiated one and vice versa.
On the payment status page you can perform the following actions:
- Print a receipt for the loan repayment transaction. To do this, click the Print receipt link. This will open a printable version of the receipt that you can print on your printer.
- Repeat payment. To do this, click the Repeat payment link. As a result, the Loan repayment page will open, where you can make the payment again.
- Save the template for this payment.
To do this, follow these steps:- Click the Save as template link.
- In the Template name field, enter a name for this payment template and click the Save button. As a result, the template for this payment will be saved in your personal menu in the My Templates section.
- Create a reminder for retransfer.
Sberbank loan calculator with early repayments
Next you will have to wait for the decision of the credit committee (about two weeks). Employees will check the authenticity of documents and study your credit discipline. If the decision is positive, the bank will develop loan documentation and invite you to sign it.
Be sure to read the new agreement carefully and ask questions about any unclear points. From time to time, Sberbank announces credit “amnesties” - promotions within which it is possible to carry out restructuring under special conditions. For example, submit an application without attaching documents confirming a change in financial status.
Or pay a lump sum of 10%-30% of the debt amount and give an obligation to repay the loan within a year, and in return the bank will revoke the writ of execution and give you the opportunity to subsequently apply for new loans to correct your credit history.
Conditions for restructuring loans from Sberbank
Important
Preliminary analysis of the possibility of restructuring Clients of the North-West Bank of Sberbank (St. Petersburg, Leningrad, Murmansk, Kaliningrad, Novgorod and Pskov regions, the Republic of Karelia) can find out their chances of restructuring online. To do this, you need to go to the bank’s website, go to the “Individuals” section, then to the “Loans” subsection and select the type of lending you are interested in. On the left side of the page that opens there will be a list of loans available in this category, including restructuring.
When you click on the link, step-by-step instructions will open. In it you will find a “Questionnaire for preliminary analysis of the possibility of loan restructuring.” In the questionnaire, indicate the reasons for applying for restructuring, loan parameters and information about yourself, indicate your preferred methods of solving the problem, and specify the availability of supporting documents.
Error establishing a connection to the database
Look for Sberbank of Russia on the official website of this bank! The entry was published on April 21, 2015 by CreditMaster in the category Calculators with early repayments. Loan calculation Online loan applications Main parameters:
- By loan amount
- By purchase price
Loan amount: rub.$€ Down payment: %rub. Loan term: months.years Interest rate: % per year% per month. Additional parameters: One-time commissions: % of the loan amount fixed.
amount Monthly fees: % of the loan amount% of the debt balancefixed. amount Type of payment: annuitydifferentiated Start of payments: Early repayments: Reducing payment Reducing term Payment amount: First payment date: Number of payments: Interval between payments: List of payments Add payment Amount: Payment date: Interest rate change: Rate change date: New rate: % per year% per month
I pay early almost every month. As a result, they send me a new payment schedule by email. It has already happened several times that the schedules were incorrect, and they sent me new ones. The last time the schedule was wrong again, but the bank refused to change it. After the complaint, the quality control service requested all the data, and the answer came that one of the schedules (in February) was drawn up incorrectly, and now I owe the bank 8 thousand. Can they demand some kind of incomprehensible debt from me if they themselves made a mistake? loan payment schedule Collapse Victoria Dymova Support employee Pravoved.ru Similar questions have already been addressed, try looking here:
- Mortgage payment schedule
- How to return to the original loan payment schedule?
Lawyers' answers (3)
- All legal services in Moscow Return of defective goods Moscow from 5,000 rubles.
Sberbank operators incorrectly calculated the payment schedule
As a result, the page for this loan will open, at the top of which the following basic information on the loan will be displayed:
- Name of the loan, interest rate, type of loan, method of loan repayment (annuity or differentiated) and expiration date.
- Initial amount.
- What remains to be repaid (the amount of the principal debt, including interest and arrears).
- The date and amount of the next payment, as well as information about the availability of funds in the accounts linked to the loan.
When waiting for repayment of a late payment, the amount of the penalty is displayed. If there are insufficient funds in your accounts, the Top up account button is displayed, with which on the Transfer between your accounts and cards page you can transfer money to the desired account. On the loan page you can also do the following:
- Add this loan to your personal menu and favorites.
We draw your attention to the fact that this decision could be appealed to a higher court and overturned
CHELYABINSK REGIONAL COURT
Judge Vazhenin G.S.
Judicial panel for civil cases of the Chelyabinsk Regional Court consisting of:
presiding Zinovieva E.V.,
judges Vlasov O.P., Belykh A.A.,
with secretary B.,
considered in open court a civil case on the appeal of Sberbank of Russia OJSC against the decision of the Central District Court of Chelyabinsk dated July 31, 2013 on the claim of S.N. to Sberbank of Russia OJSC to invalidate the payment schedule under the loan agreement.
After hearing the report of Judge E.V. Zinovieva about the circumstances of the case and the arguments of the appeal, the representative of the defendant Sberbank of Russia OJSC S.A., who supported the complaint, the representative of the plaintiff S.N. - Ch., who considered the complaint unfounded, the judicial panel
Installed:
S.N. filed a lawsuit against the open joint-stock company "Sberbank of Russia" (hereinafter OJSC "Sberbank of Russia") to invalidate the payment schedule No. 1 dated January 24, 2013 under the loan agreement No. **** dated January 15, 2013, concluded between it and the defendant, forcing Sberbank of Russia OJSC to recalculate the annuity payment, establishing an equal monthly annuity payment for the entire loan period until January 04, 2028 in the amount of **** rubles 62 kopecks, to issue a payment schedule in accordance with the recalculation.
In support of the claims, she indicated that when agreeing on the terms and concluding the loan agreement, she was informed about the provision of a loan on the terms of monthly annuity payments in the amount of **** rubles 62 kopecks. After signing the loan agreement, the plaintiff was given a payment schedule that provided for unequal payments, which contradicts clause 2.2 of the Decree of the Government of the Russian Federation of January 11, 2000 “On measures to develop the housing mortgage lending system in the Russian Federation.”
The plaintiff did not participate in the court hearing and asked to consider the case in her absence.
The plaintiff's representative at the court hearing insisted on satisfying the claims.
The representative of the defendant Sberbank of Russia OJSC did not recognize the claim at the court hearing, pointing out that in violation of the requirements of Art. 450, 452 of the Civil Code of the Russian Federation, the plaintiff did not declare a change in the contract in pre-trial order. At the conclusion of the contract, an agreement was reached between the parties on all essential terms, including the amount of the annuity payment.
The court decided to partially satisfy the claims. Invalidated payment schedule No. 1 dated January 24, 2013 under loan agreement No. **** dated January 15, 2013, concluded between S.N. and OJSC Sberbank of Russia.
Obliged the branch of Sberbank of Russia OJSC Chelyabinsk Branch N 8597 to recalculate the annuity payment under the loan agreement N **** dated January 15, 2013, concluded between S.N. and OJSC "Sberbank of Russia", with the establishment of an equal monthly annuity payment for the entire loan period from February 24, 2013 to January 24, 2028 in the amount of **** rubles 62 kopecks.
I collected from Sberbank of Russia OJSC a state duty in the amount of **** rubles for the local budget.
Disagreeing with the decision, the defendant Sberbank of Russia OJSC filed an appeal, in which he asks to cancel the decision of the court of first instance and make a new decision to refuse to satisfy the claim, due to the discrepancy between the conclusions of the court of first instance and the circumstances of the case, violation of substantive law. Indicates that the plaintiff, through a free expression of will, entered into a loan agreement. The parties agreed on its terms, including the payment schedule. Significant violations of the terms of the contract, which, by virtue of clause 2 of Art. 450 of the Civil Code of the Russian Federation can serve as a basis for changing the agreement in court, but the Bank did not allow it. The Government Decree of January 11, 2000 “On measures to develop the housing lending system in the Russian Federation” does not establish a strict definition of the procedure for annuity payment, nor does it prohibit the establishment in a loan agreement of several lending periods with different amounts of annuity payment.
Believes that the plaintiff is abusing his right by demanding a loan on terms that were not agreed upon by the parties.
Plaintiff S.N. she was duly notified of the time and place of consideration of the case by the court of appeal, did not appear in court, did not inform the court about the reasons for her failure to appear, therefore the judicial panel, in accordance with Part 1 of Article 327, Part 3 of Article 167 of the Code of Civil Procedure of the Russian Federation, finds it possible to consider the case in her absence .
Having discussed the arguments of the appeal, heard representatives of the plaintiff and defendant, checked the case materials within the limits established by Part 1 of Art. 327.1 of the Code of Civil Procedure of the Russian Federation, the judicial panel comes to the following conclusion.
The court established and the case materials confirm that on January 15, 2013, between S.N. (borrower) and Sberbank of Russia OJSC (lender) concluded a loan agreement N ****, according to which the Borrower was provided with a loan for the “Purchase of housing under construction” in the amount of **** rubles 21 kopecks at 15.5% per annum for investment in the construction of the facility real estate: apartment N **** total design area **** sq. m, located at the address Chelyabinsk region, Chelyabinsk, microdistrict **** in the Kurchatovsky district residential building ****, for a period of 180 months from the date of its actual provision.
The borrower agreed to repay the loan received and pay interest on the loan in the amount, on time and under the terms of the agreement.
Clause 4.1. The loan agreement states that the loan is repaid by the borrower in monthly annuity payments in accordance with the Payment Schedule.
Payment of interest for using the loan is made by the borrower on a monthly basis simultaneously with the repayment of the loan within the time limits specified in the payment schedule (clause 4.2 of the agreement).
On January 24, 2013, the parties signed payment schedule No. 1, which is an integral part of the loan agreement, according to which the monthly loan payment for the period from 02/24/2013 to 05/24/2018 is **** rubles 92 kopecks, 06/24/2018 - ** ** ruble 87 kopecks, from 07/24/2018 to 12/24/2027 - **** ruble 33 kopecks, 01/24/2028 (last payment) - **** ruble 05 kopecks (case sheet 4 - 7 ).
The payment amount determined by the schedule includes interest for using the loan, accrued on the balance of the principal debt, taking into account the number of days of the billing period, and the amount sent to repay the principal debt.
According to paragraph 1 of Art. 819 of the Civil Code of the Russian Federation, under a loan agreement, a bank or other credit organization (lender) undertakes to provide funds (loan) to the borrower in the amount and on the terms stipulated by the agreement, and the borrower undertakes to return the amount received and pay interest on it.
In accordance with Art. 30 of the Federal Law of December 2, 1990 N 395-1 “On Banks and Banking Activities”, relations between the Bank of Russia, credit institutions and their clients are carried out on the basis of agreements, unless otherwise provided by federal law.
According to Part 1 of Art. 432 of the Civil Code of the Russian Federation, an agreement is considered concluded if an agreement is reached between the parties, in the form required in appropriate cases, on all the essential terms of the agreement.
In accordance with Part 1 of Art. 1 of the Civil Code of the Russian Federation, civil legislation is based on the recognition of the equality of participants in the relations regulated by it, the inviolability of property, freedom of contract, the inadmissibility of arbitrary interference by anyone in private affairs, the need for the unhindered exercise of civil rights, ensuring the restoration of violated rights, and their judicial protection.
By virtue of paragraph 1 of Art. 422 of the Civil Code of the Russian Federation, the contract must comply with the rules obligatory for the parties, established by law or other legal acts (imperative norms) in force at the time of its conclusion.
A transaction that does not comply with the requirements of the law or other legal acts is void unless the law establishes that such a transaction is contestable or does not provide for other consequences of violation (Article 168 of the Civil Code of the Russian Federation as amended in force on the day the contract is concluded).
By virtue of paragraph 1 of Art. 16 of the Law of the Russian Federation dated 02/07/1992 N 2300-1 “On the protection of consumer rights” (hereinafter referred to as Law N 2300-1) terms of the contract that infringe on the rights of the consumer in comparison with the rules established by laws or other legal acts of the Russian Federation in the field of consumer rights protection , are declared invalid.
The parties to the agreement independently determine the contractual terms regarding the procedure, methods and timing of repayment of the principal debt and payment of interest.
The terms of the loan agreement must be formulated in such a way as to ensure compliance with the requirements of Law N 2300-1 in terms of providing the consumer with information accessible to his understanding in the presence of a presumption that the consumer lacks special knowledge about the properties and characteristics of the product (work, service) (clause 2 Article 8 of Law No. 2300-1).
According to Article 421 of the Civil Code of the Russian Federation, citizens and legal entities are free to enter into an agreement (clause 1). The parties may enter into an agreement, either provided for or not provided for by law or other legal acts (clause 2). The terms of the agreement are determined at the discretion of the parties, except in cases where the content of the relevant term is prescribed by law or other legal acts. In cases where the condition of the contract is provided for by a norm that is applied to the extent that the agreement of the parties does not establish otherwise (dispositive norm), the parties may, by their agreement, exclude its application or establish a condition different from that provided for in it. In the absence of such an agreement, the terms of the contract are determined by a dispositive norm (clause 4).
At the same time, the legislation does not contain any mandatory requirement establishing an exhaustive list of the terms of the loan agreement and prohibiting the establishment of conditions not directly provided for by law, including conditions on the amount of interest, the loan term, and the payment procedure.
Concluding that the terms of the loan agreement dated January 15, 2013, specified in Payment Schedule No. 1, are invalid due to its non-compliance with the law (Article 168 of the Civil Code of the Russian Federation), the court of first instance did not indicate which particular law or legal act establishing mandatory norms, contradicts the disputed agreement.
The concept for the development of the housing mortgage lending system in the Russian Federation, approved by Decree of the Government of the Russian Federation of January 11, 2000 N 28 (as amended on May 8, 2002) “On measures to develop the housing mortgage lending system in the Russian Federation”, the inconsistency of which the disputed agreement was pointed out by the court, defines the place and role of housing mortgage lending in housing finance, as well as the state strategy in the formation and development of this area, the main goals and principles of the formation of the housing mortgage lending system, outlines specific directions for improving the legislative and regulatory framework of housing mortgage lending at the federal level, as well as at level of constituent entities of the Russian Federation and municipalities. However, this Concept does not establish mandatory requirements when determining the procedure for settlements under loan agreements.
The principle of freedom of contract is a fundamental principle for the development of property (civil) turnover. In accordance with it, subjects of civil law are free to enter into an agreement, that is, to choose a counterparty and to determine the terms of their agreement, as well as to choose one or another model (form) of contractual relations.
The autonomy and independence of participants in civil transactions, as a general rule, excludes the emergence of any legal relations between them other than their agreed common will (by the will of only one of them or by order of a public authority).
When concluding the loan agreement dated January 15, 2013 and the schedule dated January 24, 2013, which is an integral part thereof, the parties, acting of their own will and in their own interest, stipulated that the borrower would pay for the borrowed funds in accordance with the schedule, with calculation of interest for the actual use of the loan, and monthly repayment of part of the principal debt.
The provisions of the loan agreement regulating the procedure for calculating interest in annuity repayment of debt with the definition of several periods in which different amounts of annuity payment are established, contain all the necessary conditions provided for by civil law for this type of transaction, the size of monthly payments, including those sent to repay the principal debt, agreed upon in the contract and schedule.
Clause 3.1 of the Agreement specifies the terms and definitions used in the agreement, in particular, annuity payments - equal cash payments paid at certain intervals to repay the loan received and interest for using the loan.
At the same time, neither clause 3.1 nor article 4 (the procedure for using a loan and its return) of the loan agreement stipulates that the amount of the annuity payment is set unchanged throughout the entire period of validity of the agreement.
When deciding to force Sberbank of Russia OJSC to change the payment schedule established by the agreement, i.e. on changing the loan agreement at the initiative of the borrower, the court did not take into account that the law (Article 167 of the Civil Code of the Russian Federation) does not provide for such a consequence of the invalidity of the transaction as changing the terms of the agreement at the initiative of one of the parties.
In accordance with paragraph 2 of Article 450 of the Civil Code of the Russian Federation, at the request of one of the parties, the contract can be changed or terminated by a court decision only in the event of a significant violation of the contract by the other party; in other cases provided for by this Code, other laws or agreement.
A violation of the contract by one of the parties is considered significant, which entails such damage for the other party that it is significantly deprived of what it had the right to count on when concluding the contract.
A demand to change or terminate a contract may be submitted by a party to the court only after receiving a refusal from the other party to the proposal to change or terminate the contract or failure to receive a response within the period specified in the proposal or established by law or the contract, and in its absence - within thirty days (p 2 Article 452 of the Civil Code of the Russian Federation).
The plaintiff did not provide evidence to the court of the existence of legal grounds for changing the terms of the loan agreement at the borrower’s initiative, as well as evidence of compliance with the pre-trial procedure for changing it.
Clause 3 of Art. 450 of the Civil Code of the Russian Federation establishes that in the event of a unilateral refusal to fulfill a contract in whole or in part, when such refusal is permitted by law or by agreement of the parties, the contract is considered respectively terminated or amended.
In accordance with Part 1 of Article 12 of the Law of the Russian Federation of 02/07/1992 N 2300-1 “On the Protection of Consumer Rights”, if the consumer is not given the opportunity to immediately receive information about the product (work, service) upon concluding a contract, he has the right to demand from the seller ( performer) compensation for losses caused by unjustified avoidance of concluding a contract, and if the contract is concluded, within a reasonable time, refuse to perform it and demand the return of the amount paid for the goods and compensation for other losses.
The plaintiff’s reference to providing her with information about a different monthly payment amount when concluding the contract on October 15, 2013 is not supported by evidence.
In the information on the conditions for the provision, use and repayment of the loan “Purchase of housing under construction”, with which S.N. was familiarized with, the full cost of the loan and the preliminary loan repayment schedule were indicated, which established the procedure for settlement of the loan the same as in the contested schedule (case sheets 37 - 42).
The disputed payment schedule indicates both the amounts payable on each specified date and the distribution of payments to repay interest for the use of the loan and the principal debt, as well as the total amount payable to the Bank for the entire period of validity of the loan agreement, i.e. information about this banking service is presented in an accessible form. Having signed the payment schedule, S.N. agreed with the established payment procedure, did not refuse to enter into an agreement on the terms specified in the schedule, accepted the execution of the agreement by the Bank, received the loan amount and disposed of it.
The plaintiff’s representative’s reference to the fact that setting the amount of monthly payments at a significantly larger amount in the period before June 2018 is discrimination against the borrower on the basis of age, in the opinion of the judicial panel, is untenable.
The loan agreement is not public. The bank, when deciding to issue a loan to a specific borrower, the loan amount, the loan repayment period and interest payment, has the right to assess financial risks, including the risk of loan non-repayment, taking into account the borrower’s financial situation and his ability to work. Establishing a smaller monthly payment after the borrower reaches S.N. retirement age, under such conditions cannot be considered discrimination. Moreover, this condition of the contract does not impose any additional obligations on the borrower. On the contrary, in accordance with the terms of the agreement dated 01/15/2013 and the payment schedule dated 01/24/2013, the total amount payable by the plaintiff to the Bank is **** rubles. 42 kopecks, and in accordance with the schedule that the plaintiff asks to establish, the total amount of payments for the same period is **** rubles. 71 kop. (ld. 46 - 50).
Assessing the presented evidence in its entirety and interrelation, the judicial panel believes that there are no grounds for recognizing the terms of the loan agreement on the procedure for repaying the loan, established in the payment schedule dated January 24, 2013, as invalid, and changing the terms of the loan agreement, and the requirements of S.N. are not subject to satisfaction.
Due to the incorrect determination by the court of the circumstances relevant to the case, the inconsistency of the court’s conclusions set out in the decision with the circumstances of the case, the violation (misapplication) of substantive law (clauses 1, 3, 4, part 1, article 330 of the Code of Civil Procedure of the Russian Federation), the decision of the court of first instance cannot be recognized as legal and is subject to cancellation with the adoption of a new decision.
Guided by Art. 328, 329 Code of Civil Procedure of the Russian Federation, judicial panel
Defined:
The decision of the Central District Court of Chelyabinsk dated July 31, 2013 is canceled and a new decision is made:
In satisfying the claims of S.N. to OJSC Sberbank of Russia to invalidate the payment schedule under the loan agreement and to force the preparation of a new payment schedule - refuse.
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As a result, the Loan Repayment page will open, where you can make payments on this loan. You can also go to the Loan Repayment page in one of the following ways:
- In the Loans list, select a loan, go to its page, click the Loan Transactions button and select Make a payment.
- In the main menu of Sberbank Online, select Transfers and payments, and then in the Transfers information block, click the link Loan repayment in Sberbank.
- Add the Loan Repayment page to your favorites. To do this, click the Add to Favorites link at the top right of the page. As a result, you will be able to go to the Loan Repayment page by clicking the corresponding link in the Favorites section in your personal menu.
Note. At the top of the page, for your convenience, an indicator of the progress of steps to pay for a differentiated loan is displayed.
How to check the loan calculation and payment schedule issued by VTB24 or Sberbank?
Regarding the last reason, we explain: the heirs receive not only assets, but also liabilities - debts that they must pay instead of the deceased. Under no circumstances should you stop paying after you have submitted an application for restructuring! When making a decision, credit discipline for the entire lending period is taken into account. Alas, the law does not oblige banks to restructure loans.
They have the right to refuse. Step-by-step instructions There are no standard restructuring programs. The issue is resolved individually with each borrower. Contact the bank branch and write a free-form application for restructuring. Additionally, you will be given a questionnaire for a preliminary analysis of the possibility of loan restructuring.
While the application is being considered, collect documents confirming the deterioration of your financial situation.
Announcement
Below is an itemized breakdown of this amount (principal and interest payments).
- Interest rate.
- Opening date – the date of conclusion of the loan agreement.
- The loan expiration date is the date by which you need to fully repay the loan amount including interest.
- Loan account number - loan account number for the loan.
- Repayment method: differentiated or annuity.
- Loan servicing department - the Sberbank branch where the loan was issued.
- Borrower – first name, patronymic and first letter of the borrower’s last name.
- Co-borrowers - the first name, patronymic and first letter of the last name of each co-borrower.
- Guarantors - the first name, patronymic and first letter of the last name of each guarantor.
On the Detailed Information tab you can also:
- View information about tariffs for servicing loans at Sberbank.
Incorrect payment schedule
Attention
To do this, follow these steps:
- Click the Create AutoPay link at the bottom of the page.
- Set auto payment options.
- Click the Save button.
- Check the payment parameters and click the Confirm button to confirm. If you are a borrower or co-borrower, you do not need to confirm the transaction with a one-time password. If you are a guarantor or pledgor, then you need to confirm the operation with a one-time password.
To do this, in the window that appears, enter the one-time password from the message received on your mobile phone, and then click the Confirm button.
As a result, the created auto payment will be saved in your personal menu in the My Auto Payments section. Attention! Before entering your password, make sure that the transaction details match the text of the message received on your mobile phone.
This can be a 2-NDFL certificate or in the form of a bank for the last 6 months, a work book or an extract from it with a note of dismissal or a record of a change of job, a copy of the order (or additional agreement) to reduce wages, an order to reduce the working hours , a certificate from the labor exchange, an extract from a salary card account, a tax return - any documents documenting a decrease in income. Or medical certificates and conclusions, if the decrease in income is associated with loss of ability to work. You need to collect documents not only for yourself, but also for the guarantor, co-borrower.
After reviewing the application, bank employees will contact you. They will ask additional questions, agree on the restructuring method and clarify the list of documents. Perhaps this conversation will take place over the phone, but usually they invite you to a personal conversation in the office.
After the discussion, you bring all the documents.
Sberbank loan calculator with early repayments
- Calculate the total loan amount taking into account interest and loan term. To do this, click the Loan calculator link. As a result, a page on the Sberbank website will open, where you can perform loan calculations.
- Print additional information on the loan. To do this, click the Print link
You can make a payment or fully repay the debt on a differentiated loan in Sberbank Online. Note. The procedure for early repayment of an annuity loan is described in the section Early repayment of an annuity loan. To make a payment on a differentiated loan, follow these steps:
- On the loans page, in the Loans list for the desired loan, click the Transactions button and select Make a payment.
Conditions for restructuring loans from Sberbank
The Early Repayment tab is displayed for loan products with an annuity repayment method; for differentiated loans this tab is not available. Note. If the “Early repayment” function is not available for your loan, and on the Detailed information tab it is indicated that the repayment method for your loan is annuity (repayment in equal shares), you must contact the Sberbank branch where your loan was issued in order to be able to repay the loan early via Sberbank Online. When you go to the loan page, the Detailed Information tab is displayed by default. On the page of the loan you are viewing, in the list Other loans, a list of your loans opened with Sberbank is displayed. To go to the page of one of these loans, click the name of the selected loan.
Error establishing a connection to the database
Loan information
- Detailed information on the loan
- Making a payment on a differentiated loan
You can view detailed information on the loan and perform the following actions: top up your account, make a payment on a differentiated loan, view the payment schedule, repay an annuity loan early, add a loan to your favorites, view information about tariffs for servicing loans, perform loan calculations using a credit card calculator, print loan information. To do this, in the Loans list, click the name of the loan you are interested in or the icon next to the name.
Info
The listed measures can be applied either individually or in combination. Who can count Sberbank is accommodating and satisfies requests for restructuring in 90% of cases. But he is very bureaucratic - he loves “paperwork” and good reasons.
All requests are considered only in writing within the established time frame. The fact that you already have nothing to pay for the loan today is of no interest to anyone. Therefore, it is advisable to start restructuring as early as possible - before delinquencies begin.
Sberbank considers valid reasons for restructuring to be: a decrease in income as a result of a reduction in wages or dismissal; loss of additional sources of income; conscription into the army; the birth of a child and the onset of parental leave; serious illness and disability; death of the borrower.
Sberbank operators incorrectly calculated the payment schedule
In this case, he will have to pay at least 28 days of interest on 900 rubles (6.90 rubles) and another 100 rubles of the principal debt. The total amount of payments for 2 months, which led to a reduction in the principal debt to 800 rubles. by 03/01/2010 215.39 rub.2. Vasya came to repay the debt for the first time much earlier, on January 11, 2010.
Important
He paid interest for 10 days on 1000 rubles. (2.73 rubles) and repaid the principal debt in the amount of 1000 rubles. The next time he appeared, as in the previous example, on 03/01/2010, he paid interest for 49 days on 900 rubles (12.08 rubles) plus another 100 rubles of the principal debt. The total amount of payments for 2 months, which led to a reduction in the principal debt to 800 rubles.
by 03/01/2010 214.81 rubles. As you can see, in the second case, Vasya paid ~ 60 kopecks for two months.