Deferment of payment for goods under a supply agreement. Lawyer's advice: how to get a loan deferment


In accordance with the Civil Code of the Russian Federation and other regulatory documents in force on the territory of the Russian Federation, it is necessary to draw up a special agreement for the supply of products.

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Moreover, this document does not have a unified format fixed at the legislative level. But at the same time, it should include a fairly extensive list of a wide variety of important points.

First of all, this concerns payment under the agreement itself. In some cases, it is possible to defer it. This type of procedure also has certain nuances.

If possible, it is worth dealing with all of them in advance. This way it will be possible to avoid various complications and other troubles.

Basic moments

For the supply of a certain type of product, a contract must be drawn up. This agreement is referred to as a “supply agreement”.

A separate section in the Civil Code of the Russian Federation is dedicated to it. In turn, there are a large number of nuances associated with drawing up such an agreement.

There are certain varieties. Such a document always covers in detail the issue of making calculations. Often, the delivery of products and the preparation of the corresponding contract imply a deferred payment.

This question can be framed in different ways:

The choice of a particular method depends on the specific circumstances. If it is initially planned to use a deferred payment, then an appropriate agreement is drawn up.

But sometimes it happens that when payment is due, the customer simply does not have the required amount. In this case, if there is a bilateral agreement, it is formed.

It includes a deferred payment. The list of key issues that should be considered as early as possible includes the following:

  • what do you need to know?
  • the reasons for its occurrence;
  • the legislative framework.

What you need to know

Deferred payment means one of the ways to repay a debt to a supplier. Typically, in this case, the debt is repaid at a later date.

But it is important to remember that all such points must be properly reflected in the relevant documentation.

The reason for this is the broad purpose of the agreement of the type in question. A supply agreement is used to solve various problems.

The main functions of such an agreement:

The last point is the most significant - an appropriately drawn up contract makes it possible to protect your rights in the event of their violation.

This can be done through the court, various regulatory and supervisory authorities. If a document is not drawn up in accordance with legal norms, it may be considered void.

Its consequence is the difficulty of its application in order to protect one’s own rights in various bodies and institutions.

Cause of occurrence

A deferred payment in a supply agreement may be indicated without any reason; there is no need to indicate it. This issue is not established in any way by law.

At the same time, there are circumstances that contribute to the occurrence of delay. As a result, a delay is necessary.

There are the following reasons for the need for a deferment:

  • directly the format of interaction between the supplier and the recipient of the goods;
  • features of the type of contract chosen in a particular case;
  • the difficulty of selling the goods and subsequent receipt;
  • many other factors.

But the decisive point is the agreement between the supplier and the recipient of any product. Everything is primarily determined by the way of doing business, oral agreements.

Based on them, the format of the contract being drawn up is selected, the relationship between the parties is formalized and documented.

The legislative framework

Typically, a deferment is initially included in the product supply agreement. That is why the fundamental regulatory document that should be guided by is the Civil Code of the Russian Federation.

The main sections that will need to be considered are the following:

Detailed information regarding the preparation of a product supply agreement is reflected.
How are disputes resolved when drawing up a supply agreement?
The question of the duration of delivery of goods, products and various types of services is indicated.
The currently established procedure for the delivery of goods
The process of delivering goods to their destination is considered.
How does replenishment occur in the event of a shortage of goods or underdelivery?
Indicates the range of goods regarding the replenishment of shortfalls (if this occurs in a particular case)
Algorithm for receiving goods by the buyer after delivery
How is responsible storage of goods carried out by the buyer if there is such a need?
Product selection process
The procedure for making payments for goods delivered under a contract of the type in question
The basic requirements for containers and packaging for goods supplied under a contract of this type are indicated.
What to do if goods of inadequate quality are supplied under this agreement;
If for some reason incomplete goods are delivered
What rights does the buyer have in the event of a shortage of various types of goods?
Indicates the rules for calculating penalties for short delivery or existing delay in goods
The process of repaying unilateral obligations in the event of the presence of several supply contracts simultaneously
How does a unilateral refusal to fulfill a supply contract occur?
The process of calculating losses in the presence of termination of a contract

All issues directly related to deferred payment are also considered in the Civil Code of the Russian Federation, but in a different section.

The most significant sections in this case:

Before you begin to draw up an agreement providing for a deferment, it is worth familiarizing yourself with the main points of the legislation in advance.

This is the only way to avoid many complications in the future. This is especially true for invalidating a contract. Which makes it impossible to use it in court.

Standard delivery agreement with deferred payment

The optimal solution would be to formulate an appropriate agreement that includes a deferment. At the moment, it is quite easy to find a template compiled in accordance with all regulatory documents.

The main issues that will need to be considered in advance include the following:

  • mention in the agreement;
  • what is the maximum size;
  • delivery of construction materials;
  • if equipment is delivered;
  • upon delivery of goods.

Mention in the agreement

This type of contract must be drawn up in accordance with a certain format. It includes the following main sections:

  • name of the document and its individual serial number;
  • place of compilation, date of compilation;
  • the name of the supplier, represented by a specific person, indicating the last name, first name, patronymic and position;
  • the name of the customer, again indicating accurate, detailed information about him;
  • subject of the contract;
  • rights, obligations of the parties;
  • delivery procedure;
  • cost of the goods, payment procedure for it;
  • procedure for resolving disputes;
  • the procedure for changing and terminating an already signed contract;
  • liability of the parties under the concluded agreement;
  • force majeure;
  • the duration of the contract, what determines it;
  • final provisions;
  • legal addresses.

Issues directly related to deferred deliveries are always reflected in the section “Cost of goods, payment procedure for them.”

The paragraph contains the following points:

What is the maximum size

The maximum deferment amount can vary within different limits - from 0 to 100%. Again, it all depends on the type of product and the method of its sale.

There are quite a large number of different nuances associated with deferment. Most often, a deferment is required if the goods are purchased for sale.

And payments for debts are made after the goods are sold. This is usually how various chain stores operate.

The goods are purchased from the supplier and then sold within a certain period of time. After its implementation, payment for the goods is made.

Delivery of building materials

The situation is somewhat different with contracts for the supply of building materials. Again, it all depends on the goals that will be realized in this way.

For example, if they are resold, then most likely the customer/buyer will try to negotiate payment after sale.

At the same time, when used for its intended purpose, the conditions may be slightly different. An important factor is the delivery date of a particular material. A standard supply agreement involves prepayments for goods of this type.

At the same time, payment is sometimes meant to be deferred for a certain period of time - for example, 4 months. In this case, the countdown usually begins from the moment of delivery to the destination.

If the equipment is delivered

The maximum deferment of payment under a supply agreement according to the 2019 law is established by law. Typically, payment must be made no later than the expiration date of a particular product.

In conditions of economic instability in the country, problems often arise with the fulfillment of loan obligations. The issue of deferment and debt restructuring is especially relevant for families paying off mortgage debt. The terms of such contracts are impressive, while the life circumstances of the family change from year to year and are mostly unpredictable.

It’s not just ordinary citizens who may find themselves in difficult financial situations. Deferred payments on commercial loans are also in demand today. The features of this procedure will be discussed in this article.

How to solve problems with credit debts?

Lending to individuals and legal entities involves the provision by credit institutions of sums of money for the use of citizens or enterprises with the subsequent return of the principal amount and interest stipulated by the agreement.

Typically, the main terms of the loan are reflected in the agreement. In addition to the loan repayment schedule, the document signed by both parties contains the following information:

  • on liability for failure to fulfill loan obligations in the manner prescribed by the agreement;
  • on methods of resolving disputes, if any arise between the parties to the agreement;
  • about the possibility of obtaining a deferred loan payment.

If the last provision is not in the document, the borrower has the right to independently contact the financial institution with an application for the provision of this service.

In accordance with the norms of civil law (Article 450), at the request of one of the parties to the transaction, the terms of the agreement can be changed on the basis of a written agreement between the lender and the borrower. This rule is common to all types of bilateral and multilateral transactions. The decision to change the payment schedule is made by the collegial body of the credit institution.

Ways to get a deferment

At the discretion of the bank, the borrower is provided with one of several available options. Next we will consider them in more detail.

Deferment of principal payment

In this case, the borrower pays only interest on the loan during the period of time established by the lender. Since the amount of the principal debt does not change, this method can hardly be called acceptable, because the interest is calculated based on the size of the “body”. Such deferred loan payments are the most profitable option for the bank rather than for the borrower. When offering a service to a debtor, this option should be considered last.

Deferment of interest payment

In this case, for a certain period of time, the debtor is exempt from paying interest, but continues to repay the principal amount. In general, the option is not bad for the borrower, but extremely inconvenient for the credit institution itself, which is why such a deferment is rarely provided.

Deferment on “body” and interest

With this type of deferment, the borrower is given the right to stop making payments under the agreement for a period set by the bank. Typically, the loan payment waiver period does not exceed three months. Thus, the citizen has the opportunity to improve his financial situation and postpone the final settlement with the bank.

Alternative ways to pay with a bank

The client has the right to independently propose to the credit institution a procedure for transferring payments on terms that are beneficial to both parties to the agreement. Banking activity is based on extracting a certain profit from cooperation with its clients, so the borrower’s arguments must be convincing. Some of the ways to solve the problem include the following:

1. Debt restructuring. This method represents a change in the essential terms of the original agreement, however, in critical circumstances, the bank (for example, if the borrower is in a situation comparable to bankruptcy) may take such measures and revise some provisions of the agreement, for example:

  • the final repayment period of the loan;
  • loan currency;
  • exemption from penalties;
  • change in interest rate.

2. Changing the payment schedule. At the same time, during a certain period of time, the borrower does not pay the monthly amount of the loan debt, which entails an increase in the size of subsequent payments.

The overwhelming majority of decisions of the bank's collegial council satisfy the borrower's requirements. True, as a result of the recalculation, the total amount increases, and citizens have to overpay. On the other hand, if the choice is between the bankruptcy procedure and the opportunity to get a short deferment, the scales tip in favor of the latter.

Grounds for obtaining a deferment

Not all life circumstances qualify as grounds for receiving this service. The list of persons entitled to apply for a deferred payment on a loan to Sberbank, VTB 24 or another large financial organization includes the following categories of citizens:

  • unemployed women expecting the birth of a child, as well as mothers caring for minor children under one and a half years old;
  • temporarily unemployed citizens who were forced to lose their jobs;
  • temporarily disabled persons undergoing treatment or rehabilitation due to illness or injury;
  • citizens who were assigned a disability group during the loan repayment period;
  • citizens who have lost income due to a change of residence (for example, when moving to another region of the country);
  • citizens who have lost their breadwinner, as well as persons forced to care for a sick relative;
  • borrowers who find themselves in difficult life circumstances (for example, having lost their housing or property due to a fire, natural disaster or other emergency circumstances).

Whatever the circumstance that forces the borrower to apply for a deferred payment on a loan from VTB 24, Sberbank or another financial organization, the presence of one or more of the above grounds must be documented. Employees of a credit institution will not take your word for it, so first collect any documents that correspond to your situation.

Who can the bank refuse?

It is unlikely that a credit institution will refuse to grant a deferred loan payment to a conscientious borrower who finds himself in difficult circumstances. But certain categories of citizens may still find themselves out of work.

There is a high probability of refusal to satisfy the borrower’s application if he:

  • has previously been late in repaying a loan;
  • has a bad credit history;

In addition to unscrupulous borrowers, the following categories of citizens may receive a refusal:

  • persons whose contract period does not exceed three months from the date of signing the document;
  • borrowers whose contract expires three months or less from the date of filing the application for deferment;
  • citizens who lost their income through their own fault (for example, who resigned of their own free will);
  • clients who raise doubts about the integrity of their intentions.

Registration of credit holidays

If the borrower has sufficient grounds for obtaining a deferment, there is no need to hesitate. In the field of banking services, untimely application is fraught with liability under the terms of the concluded agreement. The application of penalties will only worsen the situation of the borrower.

Ultimately the decision rests with the bank. Here are the most likely scenarios for the development of events after a client applies for a deferred loan payment:

  1. The request is granted, the service is provided in accordance with the terms of the contract concluded with the client. You can familiarize yourself with the procedure for providing it from the text of the document in the hands of the borrower. Be careful when reading. It is possible that a deferred payment on a bank loan is provided on a reimbursable basis. In most financial institutions this service is paid.
  2. The possibility of granting a deferment is decided individually, taking into account the relevant circumstances. In this case, the text of the agreement does not contain conditions allowing for the use of credit holidays, and the decision is made by the credit committee.
  3. Deferment of payment on a loan from VTB or another bank under a standard debt restructuring scheme. Some credit organizations have their own ways of solving problems related to loan repayment. The terms of the deferment are not included in the text of the agreement, but at the request of the client, the credit institution offers an acceptable way to change the terms of the agreement. In this case, the borrower has the right to independently choose the most convenient option for him for new loan repayment terms.
  4. Deferment in the form of a promotion. Some banks practice providing credit holidays as some kind of incentive or advertising. As a rule, such shares are sold for a certain fee.

Documents for the application

In addition to the established form application for deferment of loan payment, the client provides the following set of documents:

  • copy of the passport;
  • a certificate from the Pension Fund about the amount of monthly pension accruals;
  • income certificate form 2-NDFL;
  • a certificate from the Central Labor Office confirming the citizen’s registration as unemployed;
  • a copy of the work book;
  • certificate of assignment of a disability group;
  • a report from a medical institution on the borrower’s health status;
  • a copy of the children's birth certificate;
  • other documents.

The above list is not mandatory. The selection of the necessary documents is carried out depending on the basis for granting a deferred loan payment for individuals in a given organization.

Judicial deferment

If the borrower does not consider it necessary to contact the bank in time for a deferred payment on the loan, he risks becoming a defendant in the case of collection of the principal amount, interest, as well as penalties and fines provided for in the contract. In such situations, it is better not to get lost, but to submit a counter-application for a deferment or installment plan under the loan agreement.

If the reasons presented are convincing, the court will issue a ruling on granting a deferment for a certain period or installment payments, indicating the repayment period and the amount of the monthly payment.

It is not recommended to bring the situation to a judicial resolution of the problem, since in such cases there is a high probability that at the first delay, the collection of loan funds will be carried out forcibly through the executive authorities.

Every borrower has a desire to repay the debt promptly and, if possible, to repay the entire debt ahead of schedule. But different situations and force majeure often arise. As a result, timely payment is disrupted.

Therefore, many borrowers understand that deferring payments will help them. They are interested in any way they can to reduce the troubles and fines associated with insolvency.

Ways to get a deferment

There are several ways to obtain a deferment when payments on any loan are overdue:

  • rescheduling (deferred payment);
  • making changes (loan restructuring);
  • refinancing (loan refinancing).

Deferred payment

This payment is often called a payment holiday on the loan body. Interest is accrued, although the borrower does not pay the amount of payment for the principal debt and interest when using the loan.

By the end of the term, the borrower pays more than usual. The bank usually provides a deferment of any payment for up to six months.

Loan restructuring

This is a deferment method that represents changed terms of the contract, but the payment amount does not change and remains the same. A statement is written indicating the reason why financial difficulties arose.

Attached to it is a document confirming why the loan payment is overdue and indicating the problem. This could be illness, the birth of a child, dismissal by order. According to the law, the bank can refuse concessions.

Loan refinancing

During this process, refinancing occurs when the loan payment is overdue, which can be made either in another bank or in the one where the first loan was taken out.

The new loan you receive may have favorable terms. This may include a reduced monthly payment amount or a reduced interest rate.

Depending on the situations and conditions, the bank chooses a support scheme. Even a choice is not always made. Only temporary and occasional problems can determine whether the deferment of a given payment will be granted.

If the bank’s decision is positive, when the loan payment is overdue, an agreement is drawn up. The terms of the contract must be read carefully before signing. The decision can be canceled by the bank in case of violation or another postponement.

1. Declaration of bankruptcy. In this case, the borrower will not have to pay. And there will be no need for a deferred payment. The bank will definitely file a claim against the bankrupt. In practice, you will need a good lawyer whose services you will have to resort to. Banks often win in court. Bankruptcy is denied, debts mount, and you still have to pay court costs.

2. If it is possible to borrow money from someone, take advantage of this and pay the bank.

3. If real estate or a car is used for a loan, then it is better to sell and pay the bank. Thus, the borrower will save himself in the future from annoying collectors and lawsuits, which will lead to the sale of property at half price or more.

The debtor himself is looking for a buyer, but the transaction will be completed only with the consent of the bank. The bank benefits from this transaction and the amount of any payment will be compensated.

4. In the event of a decrease in wages or a sharp change in exchange rates, you must start corresponding with the bank. Keep all copies of correspondence. In the content of the letter, indicate that a deferment of any payment in the petition form is required. You can offer the bank to hire you, taking into account the transfer of most of your salary for the debt.

5. Banks often offer “credit holidays” themselves. Usually this clause is specified in the contract. The borrower is allowed not to pay the loan for 1-10 months or about a year and a half. Then, as soon as the term expires, the cost of payment will increase several times. So, the bank is making up for its losses.

To obtain a deferment, the borrower must check:

  • agreement conditions;
  • Is there a payment during the holidays?

Basically, the bank refuses the borrower without explaining the reasons. Therefore, this statement can be attached to the trial.

Law

A borrower whose loan payment is overdue has the right to declare bankruptcy through Arbitration. According to the law, an application can be submitted if the inability to pay within six months is more than 50,000 rubles. The creditor has the same rights.

If the court and the creditor declare bankruptcy, the borrower will sell his property. It is forbidden to take away essentials, but then the debt is forgiven.

The lender understands that from the sale of the seized property, the money will be much less than the borrower owes. Therefore, it is unprofitable for him to recognize the debtor's bankruptcy. The bank goes for a better deal and offers restructuring.

According to the bill, the bank can provide a deferment for a long time (no more than 5 years). The bank has the right to charge interest on the debt, which is reflected in the amount of the remaining payment. The borrower cannot take out new loans due to the fact that he has already violated the agreement.

A reasoned application to the bank requesting a deferment is a method of protection and an attempt to ensure a non-negative history on the loan. In case of refusal, during the trial, a copy of this appeal will become evidence of an attempt to resolve the problem peacefully.

When applying for a loan, few people think about financial problems from which the borrower is not insured.

In order to maintain mutually beneficial relations between the creditor and the client, the procedure for registering a deferment in the event of force majeure circumstances has been approved at the legislative level. However, there is a category of borrowers who are trying with all their might to ruin their relationship with the bank.

Some citizens are trying to get a deferment due to a simple delay in wages, while others are trying to achieve the slightest reduction in income. In such conditions, it is not easy for lenders to find a “golden mean” to establish a balance between the borrower’s requirements and their capabilities.

Loan deferment is a borrower’s prerogative established by law to postpone the payment of loan obligations due to the occurrence of unforeseen circumstances that do not allow him to regularly pay for the loan. From this concept it can be noted that the legislation clearly outlines the grounds under which the bank must meet the client halfway. The client, in turn, is obliged to fully justify his right to receive a deferment.

Some citizens, believing that the bank will not agree to the terms of the deferment, simply cut off contact with the credit institution and wait until their financial capabilities normalize. This approach is fundamentally different from the principles of the bank. You need to understand that the penalty that appears when the borrower is late is not in the interests of the bank. It is beneficial for the lender to constantly be in contact with clients in order to predict its future policy.

Note! If the bank refuses to grant you a deferment without the necessary grounds, you can safely go to court. Art. 451 states that a party to an agreement has the right to change the terms of the agreement in court. But if the possibility of deferment was not agreed upon in advance, then the bank’s actions will be legal.

Is it possible to defer loan payments?

Practice shows that due to the low level of legal culture, most borrowers are not even aware of the possibility of delaying payment deadlines. Instead, people run away from debt collectors or take out additional loans. The main rule when difficulties arise with loan repayment is to notify the bank in a timely manner.

Basic forms of deferment

  1. The borrower pays only interest. This scheme is considered the most effective, as the loan burden for the borrower becomes minimal and he is given enough time to improve his financial capabilities. The loan body is not repaid, and interest payments are made every month.
  2. Full deferment. Available only to reliable clients who have a good credit history and are not the first to cooperate with the bank. Characterized by a short-term period - from 2 to 3 months.
  3. Renegotiation of terms and conditions through loan restructuring. The client asks the lender to change the current terms of the loan. Restructuring allows you to establish optimal conditions that suit the individual capabilities of the client. The procedure is not easy and requires the provision of a large number of certificates. Banks are reluctant to consider such a client initiative, since restructuring reduces the lender's profit.
  4. Change of payment schedule. Provides for the possibility of providing “credit holidays”. The bottom line is that the borrower is given a certain period during which he is completely released from loan obligations, but with the condition that at the end of the allotted period the client will be able to regularly make payments.

What happens in practice?

By using one of the methods, the borrower will have the opportunity to improve his financial capabilities or find an alternative source of income to continue cooperation with the bank. The provision of a specific form of deferment will depend on the volume of arrears to the creditor, as well as the capabilities of the bank itself.

In practice, credit institutions accept an application for a deferment, but they adjust the conditions to suit themselves and, in the end, the client greatly overpays.

How to get a loan deferment

The main way to obtain a deferment on a loan is - submitting an application in the prescribed form. The application reflects the essence of the borrower's requirements and the problem that arose with repaying the loan. It is worth noting that the law does not provide for a specific list of points that must be observed when applying for a deferment. The prerogative is vested in the bank, which, at its discretion, determines the conditions and mechanism for extending the terms.

There are banks that directly reflect the terms of the deferment in the loan agreement. In such cases, the client remains to act according to the instructions of the lender. A credit institution can provide its own terms and conditions and determine the specific type of deferment that will be applied.

Note! It is recommended to clarify the terms of the deferment with the bank manager or the legal department. If the employee confirms that the lender contains its own deferment conditions, then you must carefully read the paragraph with the specified information.

  • Another category of banks does not record the possibility of providing a deferment on a loan. If circumstances arise that require an extension or change in conditions, the bank's management convenes a credit committee, whose members determine the advisability of granting a deferment.
  • For example, Sberbank clients can independently choose a convenient debt restructuring system. You can get information about the terms of the deferment on the Sberbank portal. The information is open, and each borrower can assess their capabilities before applying for a loan.
  • Loan restructuring provides for the possibility of changing the conditions in relation to the entire loan, hence this procedure is established only in exceptional cases when the bank is convinced that the borrower is hopeless.

You can apply for a deferment by providing the following package of documents:

  1. A certificate indicating the citizen’s income.
  2. Employment history. It indicates that the employee was fired from his place of work or transferred to another job.
  3. Health certificate. It is needed when the borrower motivates his insolvency by deteriorating health conditions.
  4. Borrower's passport.
  5. Certificate from the Pension Institution. Required if the client refers to a reduction in pension payments.

Bank loan debt statistics

Who can apply for a deferment?

You can get a deferment:

  1. Seriously ill people who are recognized as incapable of work according to a medical report
  2. Clients who are faced with force majeure circumstances (get into an accident, find themselves in the midst of natural disasters, or have their property stolen).
  3. Borrowers who have changed their official place of residence. In this case, a deferment is provided for several months while the person adapts to new conditions.
  4. Temporarily deprived of a source of income. These are mainly workers included in the layoff list.

The bank has the right to refuse to grant a deferment to the borrower if it is satisfied that:

  • the client did not take any steps to reach consensus with the creditor;
  • previously violated the terms of the loan agreement;
  • less than 6 months have passed since the loan was issued;
  • did not provide compelling arguments for its insolvency.

What to consider

Deferment, no matter in what form it is established, is an undesirable procedure for the bank. Every borrower should remember this and be prepared for the fact that the lender will demand the maximum amount of evidence confirming the hopeless situation.

For example, a person complains about difficulties in his work life, then first of all he needs to collect all list of certificates that confirm:

  • dismissal of an employee;
  • staff reductions and the fact that the borrower was on the redundancy list;
  • wage reduction;
  • transfer to another position.

On a note! It is necessary to resolve the issue peacefully. Litigation is a last resort. Delay in payments within 6 months is not critical for the bank. The creditor will not be confrontational because of a short term. The borrower’s task is to try to avoid large delays.

Conclusion

Deferred payment is a convenient tool that allows banks to normalize relations with the client. The borrower, in turn, gets the opportunity to postpone the loan period by several months to restore solvency. The main advantage of the deferment is the mutual consideration of the interests of the lender and the borrower when interacting in credit relations.

When contacting a bank, any borrower assumes that if he receives a loan, he will assume responsibility for repaying the funds by making monthly payments. This lending mechanism is classic, and many citizens are familiar with it from personal experience.

It happens that due to current circumstances, a citizen loses the opportunity to make monthly payments. To avoid delays and possible unpleasant consequences, you should contact a lender and take advantage of the opportunity to take a deferment on the payment of a consumer loan. In our article we will talk about what is required for this and how to prepare the accompanying documentation.

In order not to complicate the situation with loan repayment, and also not to become the target of debt collectors or bailiffs, you should not aggravate the problem. It will be enough to contact the borrower and ask to postpone the loan payment deadline to a later date. If the application is approved, the borrower has the opportunity to take advantage of credit holidays and subsequently pay off the debt.

This provision is enshrined in Art. 450-451 Civil Code of the Russian Federation. According to the content of these articles, any citizen who has taken out a loan has the right to ask for a deferment at least once a year.

What deferred payment options are there?

Deferment of loan payment is the provision by the lender of a certain period of time to the borrower, during which the citizen may not pay some part of the debt or not pay the entire loan in full. As a rule, we are talking about the following options:

  1. The deadline for payment of the principal debt is being postponed. In this case, the basic part of the debt, namely the body of the loan, remains unpaid, and the debtor is obliged to pay only the accumulated interest. It is important that the deferment period should be only one year.
  2. Providing a deferment in payment of interest on the loan. The borrower makes payments only on the main loan, but for those who want to reduce the total overpayment on the loan, this method may be the most suitable.
  3. A deferment for each part of the payment can be provided only to very reliable clients and for a short period, for example, three months.
  4. Reviewing the terms of the loan. In this case, the borrower should submit a convenient loan restructuring plan to the bank and then wait for a decision. The client must convince the bank that his offer is very profitable and will solve problems related to the violation of the borrower’s financial stability and the payment of obligatory funds.
  5. Revision of the payment schedule. In this case, monthly payments are stopped for a certain period of time, provided that in the future funds will be deposited in the required amount.

After the grace period has expired, the borrower must resume payments. Despite the complexity of the situation, the chosen option for transferring funds can allow the citizen to improve his financial situation and resume payments. Most often, the debt is recalculated, and the citizen has to pay the bank much more than before, so experts in this topic recommend not resorting to deferments unless absolutely necessary.

Procedure for obtaining a deferment

If the client wants to get some time as a deferment on the loan, then he should first contact the bank and take a corresponding application form.

There is no uniform regulation for registering a deferment, however, there is a certain scheme of actions that will allow you to postpone the payment to subsequent dates:

  1. First, you need to read the loan agreement. The document must indicate under what conditions the deferment is granted, as well as the maximum period for transferring payment that can be provided to citizens.
  2. In some banks, it is customary to involve an entire committee in considering the issue of granting a deferment. As a rule, this is decided on an individual basis based on the documents provided by the borrower.
  3. Some lenders, when a client applies, give him the right to independently choose a suitable restructuring scheme. Options you can consider include reducing the interest rate or redistributing the amount to be returned.

Restructuring is usually provided to people who have provided additional certificates and statements confirming their positive credit reputation, as well as having the status of a reliable borrower. Sometimes the bank gives people the opportunity to take advantage of such rights as applying for credit holidays, which were not initially provided for in the agreement.

Who can be granted a deferment?

Only certain categories of citizens can take advantage of such a right as deferred payment. The list includes the following persons:

  • persons suffering from a serious illness and having an official medical certificate;
  • citizens who have lost their earnings, including single mothers and women on maternity leave;
  • borrowers who moved to a permanent place of residence in another locality;
  • citizens who have lost their breadwinner or are paying for the treatment of relatives;
  • persons who experience force majeure circumstances.

Of course, you will have to confirm your status with certain documentation and provide additional statements or medical reports. The main condition is the absence of delays on the loan. In addition, the entire procedure can take a lot of time.

Conclusion

When answering the question of whether it is possible to defer payment on a loan, it is worth paying attention to the conditions under which the bank will allow this to be done and whether the citizen has certain grounds for deferring payment. To obtain a deferment, you will need to prepare a number of mandatory documentation and contact the bank with an official application.

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