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It is important to remember that the judge is a person with normal physical ability and he can not entirely understand, he only weighs the arguments of the borrower and the bank.

If the bank account of the borrower in question caused the loan, then the judge should not just describe the bank's error in the calculation. A borrower has to bring its alternative, the correct calculation.
Five credit debt error

We CASS is the case when you have a dispute over credit debt with the banks, especially the case when it came to court.
So you need to know?
Basic errors - it let the process take its course and hope to the following:
- The judge, who may figure everything out;
- On the likely experience of a lawyer in court
- On his own cunning to deceive everyone,
- And especially Bole do not look for the integrity of the bank's lawyers
- Common misconception that if the borrower has collateral, the loan debt can not be at particular risk because collateral must cover all risks.

Now about these erroneous views in more detail.
1) So the first mistake is that the judge will figure everything out.

There are many reasons why this is not so.

And even if you lower the risk of possible bias judges in the trial mainly adversarial principle always applies. Those. When each party proves their opinion, using the maximum of its arguments.

It is important to remember that the judge is a person with normal physical ability and he can not entirely understand, he only weighs the arguments of the borrower and the bank.

If the bank account of the borrower in question caused the loan, then the judge should not just describe the bank's error in the calculation. A borrower has to bring its alternative, the correct calculation.

Of course, many borrowers do not have a successful experience in the calculation of the debt, and you try to make your calculations always admit many mistakes, incl .:

- In the correct distribution of payments made by the borrower, how much to allocate to the body and how much of the interest,

- In the intricacies of interest calculation (actual / actual, actual / 360, 360/360 days)

- Distribution of payment for early repayment of the credit or past due,

- The validity of a fine size or penalties accrued by the bank,

- Many other issues the calculation of debt.

Any error in these transactions call into question the payment made by the borrower. As a result, the court almost always takes into account the borrower's payments.

If the case came to court on the initiative of the Bank, the time the borrower is very small. Borrower urgent need to consult not only with an experienced lawyer and an experienced forensic expert economist.

The lawyer knows what's inside the process of the trial, ie, He knows the interaction with the court procedure, the terms and procedure for submission of documents.

A forensic expert economist - is an experienced specialist who will advise on the very essence of the calculations concerning the validity of the size of the outstanding amount.

If necessary, an expert economist to advise the correct questions for examination.

2) This brings us to the second error, which is a misconception that the lawyer will figure everything out myself.

What actually is.

In addition to being a lawyer not specialized in terms of the amount of wash away the debt, it is important to ensure that the lawyer has the experience it in credit disputes.

For example, one may ask: what is his successful business loans can be found in the registry of court decisions?

If you have not seen specific cases won is an attorney and is on credit disputes, it may well be that the lawyer knows about credit disputes is not more than his customers.

Over the past year, hundreds of credit dispute lost by reputable lawyers, but who had no experience of it in credit disputes.

For example, we can say that only the inexperienced attorney can go to court on the loan, without consulting in advance with the judicial expert on existing bank debt calculation.

An experienced lawyer (lawyer), may not know all bank posting and accrual rules. In fact, the lawyer simply skillfully manages the process of passing the case to the court, but he can not, and still less should he expect the debt on the loan.

It is important to distinguish that the lawyer and economist - is a completely different specialty.

A credit dispute - it is the case that we need knowledge and a lawyer, and an experienced economist.

The amount of debt on the loan, includes the issue of accounting estimates and banking transactions.

Therefore, the dispute on loans almost none when it can not take place without a court expert in economics.

One should not confuse economists court expert with the auditor, PhDs or ordinary accountant, as it is a completely different specialty.

A borrower just needs forensic economist, ie practitioner who specializes in loans. The experts also important to clarify whether he has the practice of credit disputes.

Calling and find the cheapest lawyer, as well as search for the cheapest expert economist is a huge mistake. Preparation and Maintenance of good economic experts costs money. So if you find an expert who agrees to carry out a study of your debt for less than 5tis.grn then you should definitely clarify its practical experience.

3) The following error.

Judge threw its weight arguments confuse the judge: what if something or whether it will achieve,

Firstly, you do not scare the judge a large flow of information, such cases he has many.

Secondly, you can very quickly spoil the impression of his rationality. Those. Citing several dubious arguments, you can completely spoil the opinion of the judge about yourself and about what you are able to produce sound arguments.

Even bringing in a subsequent good arguments you can no longer perceive.

Therefore, do not give a lot of controversial arguments.

Also, this approach is reflected in the choice of the amount of reasoned matters for examination.

It is important to understand that the borrower together with a lawyer should be able to correctly formulate own questions for examination.

At the same time, if you put questions to economic expertise at random, it turns out a large number of issues that will significantly increase the value of its holding.

But a large number of questions, not only greatly enhance the value of expertise, but will not bring or get lost response to the most important question for the borrower.

To avoid these errors is better to consult in advance with the judicial expert economist.

4) The fourth mistake - it is hoped the integrity of the bank employees.

It is important to know that the part of banks and credit and splits there are many violations not only in the design of credit agreements, the procedure lending, but also in the future, the debt and the calculation itself.

Preparing to dispute credit borrower is required to read the law "On Protection of Consumers' Rights and the Regulations of the National Bank on the" Rules of providing consumer information about credit and total cost of credit conditions by banks "№168.

These regulations need to look closely at what kind of information the bank must notify the borrower in the loan agreement and to compare with what he actually stated in the contract.

Any concealment of information by the bank can be interpreted as fraud, namely as keeping the borrower misleading.

Also, a large number of errors allowed the Bank's employees in the accounting entries. As a result of these errors are charged inflated borrower obligations, and the money that he lost back on various accounts.

5) The fifth error is: "credit debt can not be at particular risk because collateral must cover all the risks. "

But in practice it turns out that for the repayment of the loan is sometimes necessary means which is ten times higher than the amount of the loan. Such a huge debt can contribute to:

- Hidden interest and commissions in the contract;

- Bugs themselves employees of the bank in terms of debt;

- As well as the misrepresentation when issuing credit.

Therefore, it is important to understand that once you have taken away the pledge you will be responsible not only to the rest of the property, but also their future incomes.

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