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Forensic Economic Examination, Forensic Accounting Examination, CREDIT
20.09.2018 | 23:23
Often, people, tempted by the availability and easy availability of debt, can not adequately calculate their own forces, adjusted for economic instability in the country. They assume long-term debt obligations, not even thinking that over a relatively short period of time the situation can change dramatically. And then comes the very moment, and you are in panic: there is nothing to return the debt, what to do?
Do not panic, do not drop your hands! Just take the documents and read them carefully.
We offer you some important points to pay attention to if you have any suspicions of fraud on the part of the lender. It should be understood that the following examples can be seen by anyone with an unarmed eye. However, there are many nuances that require a deeper analysis, in which a person without special knowledge can not understand. In this case, the most effective and important is the consultation with an expert on loans.
So, what to look for first:
There is no real interest rate and / or the absolute value of a rise in price of the loan (or there are disagreements and inaccuracies in their calculations)
Among the documents there is no calculation and / or a certain size of the real interest rate and / or the absolute value of the increase in the price of the loan, which is not in accordance with the Resolution of the NBU Board No. 168 of 10.05.2007. "On Approval of the Rules for Provision of Information by the Banks of Ukraine to the Consumer on the Conditions of Lending and the Total Value of the Credit". It is worth to understand that the concept of "real interest rate" is not a nominal interest rate, which is stated in the text of the loan agreement.
There is no document (certificate) about the preliminary acquaintance of the consumer with all the terms of lending before the conclusion of the contract, or such information was not provided in full.
According to Clause 2 of Article 11 of the Law on Protection of Consumer Rights and paragraph 2 of the Resolution of the Board of the NBU No 168 of 10.05.2007, before the conclusion of the agreement on the provision of a consumer loan, the bank is obliged to inform the consumer in writing of the aggregate value of the loan, noting a list of all expenses related to the receipt of a loan, its servicing and return (including expenses for the benefit of third parties: for insurance, legal registration, etc.), as well as options for repayment of the loan, including the number of payments, their frequency and volumes. Among the documents available from the borrower, a certificate must be signed on the preliminary familiarization with all the terms of the loan. Such a certificate may be issued in the form of a Bulletin, Information letter, Message or other form in which these conditions are indicated.
There is no value of the total (aggregate) value of the loan at the time of conclusion of the contract (or there is a discrepancy or inaccuracy in its calculation)
According to Clause 4 of Article 11 of the Law "On Consumer Protection", in the terms of the consumer loan agreement, there should be a detailed schedule of the total cost of the loan for the consumer. The total cost of the loan includes all expenses associated with obtaining a loan, its servicing and return (including expenses for the benefit of third parties: insurance costs, legal registration, etc.).
No Schedule of payments under the contract
According to the conditions of section 3 of the "Rules of providing by banks of Ukraine information to the consumer on the terms of lending and the total value of the loan," a mandatory presence of the Payment schedule has been established according to the terms indicated in the contract - monthly, quarterly, etc. The given Schedule should be formed in the form of payments on the principal debt (body), interest on the loan, the value of all related services and other financial obligations of the consumer. The graph should detail the aggregate value of the loan for each payment period.
Non-compliance of interest rates
In fact, when you accrue interest on a loan, the bank applied rates not stipulated by the terms of the agreement, including there was an increase in the rate unilaterally without notice to the consumer of the loan, which contradicts Clause 4, 5 st.11 of the Law "On Consumer Protection" (this can be verified by performing certain mathematical calculations).
Inconsistency (inconsistency, contradiction) of the terms of the contract
The terms of the contract are contradictory. Some items in the contract are not consistent with others, or data in the annexes to the loan agreement do not correspond to the terms of the contract, etc. In this case, attention should be paid to the main indicators of the contract - the amount of credit, currency loan, the method of granting a loan, the size of the interest rate, method and method of accrual of interest, method and amount of repayment of payments on a loan, period or terms of the contract and other conditions.
Possibility of early repayment of the loan
The terms of the contract are contradictory. Some items in the contract are not consistent with others, or data in the annexes to the loan agreement do not correspond to the terms of the contract, etc. In this case, attention should be paid to the main indicators of the contract - the amount of credit, currency loan, the method of granting a loan, the size of the interest rate, method and method of accrual of interest, method and amount of repayment of payments on a loan, period or terms of the contract and other conditions.
Possibility of early repayment of the loan
In the conditions of a loan agreement there is no right to early repayment of a loan, or such right is granted only if certain conditions are fulfilled by the borrower, which is not in accordance with Clause 8 of Article 11 of the Law on Protection of Consumer Rights and Article 613 of the Civil Code of Ukraine.
There are no documents confirming the granting of a loan or the issuance process does not comply with the terms of the contract
There are no primary documents (memorial documents, applications for issuing cash), confirming the provision of a loan, or such documents have been issued in an improper manner (i.e., not in accordance with the Decrees of the NBU Board No. 254 dated June 18, 2003, No.337 dated August 14, .2003). It also happens that loans were provided on account or from an account not provided for by a loan agreement or in an amount that does not correspond to the terms of the contract.
Other nuances requiring more in-depth analysis are set up by a loan expert in the process of research.
If any of the above points suits you or you have been noticed other inconsistencies - to advance to uphold your right to justice!
So, you made a decision to seek advice from experts from the Ukrainian Research and Experts Service. For the preliminary examination and study of the situation, we recommend the following documents:
- A loan agreement with attachments to it;
- Additional agreements to the loan agreement with the attachments to them;
- Receipts or other payment documents confirming all payments related to the loan;
- Primary documents for issuing a loan (memorial documents, applications for issuing cash);
- Accounting documents of the bank (if available, provided by the bank);
- Other agreements connected with credit (purchase-sale, mortgage, insurance, bank account) and all payments on them;
- Other documents (if any).
Remember, credit is not a verdict. If you fight for your rights, then the situation will not be as sad as it seems at first glance.
Back to news
Do not panic, do not drop your hands! Just take the documents and read them carefully.
We offer you some important points to pay attention to if you have any suspicions of fraud on the part of the lender. It should be understood that the following examples can be seen by anyone with an unarmed eye. However, there are many nuances that require a deeper analysis, in which a person without special knowledge can not understand. In this case, the most effective and important is the consultation with an expert on loans.
So, what to look for first:
There is no real interest rate and / or the absolute value of a rise in price of the loan (or there are disagreements and inaccuracies in their calculations)
Among the documents there is no calculation and / or a certain size of the real interest rate and / or the absolute value of the increase in the price of the loan, which is not in accordance with the Resolution of the NBU Board No. 168 of 10.05.2007. "On Approval of the Rules for Provision of Information by the Banks of Ukraine to the Consumer on the Conditions of Lending and the Total Value of the Credit". It is worth to understand that the concept of "real interest rate" is not a nominal interest rate, which is stated in the text of the loan agreement.
There is no document (certificate) about the preliminary acquaintance of the consumer with all the terms of lending before the conclusion of the contract, or such information was not provided in full.
According to Clause 2 of Article 11 of the Law on Protection of Consumer Rights and paragraph 2 of the Resolution of the Board of the NBU No 168 of 10.05.2007, before the conclusion of the agreement on the provision of a consumer loan, the bank is obliged to inform the consumer in writing of the aggregate value of the loan, noting a list of all expenses related to the receipt of a loan, its servicing and return (including expenses for the benefit of third parties: for insurance, legal registration, etc.), as well as options for repayment of the loan, including the number of payments, their frequency and volumes. Among the documents available from the borrower, a certificate must be signed on the preliminary familiarization with all the terms of the loan. Such a certificate may be issued in the form of a Bulletin, Information letter, Message or other form in which these conditions are indicated.
There is no value of the total (aggregate) value of the loan at the time of conclusion of the contract (or there is a discrepancy or inaccuracy in its calculation)
According to Clause 4 of Article 11 of the Law "On Consumer Protection", in the terms of the consumer loan agreement, there should be a detailed schedule of the total cost of the loan for the consumer. The total cost of the loan includes all expenses associated with obtaining a loan, its servicing and return (including expenses for the benefit of third parties: insurance costs, legal registration, etc.).
No Schedule of payments under the contract
According to the conditions of section 3 of the "Rules of providing by banks of Ukraine information to the consumer on the terms of lending and the total value of the loan," a mandatory presence of the Payment schedule has been established according to the terms indicated in the contract - monthly, quarterly, etc. The given Schedule should be formed in the form of payments on the principal debt (body), interest on the loan, the value of all related services and other financial obligations of the consumer. The graph should detail the aggregate value of the loan for each payment period.
Non-compliance of interest rates
In fact, when you accrue interest on a loan, the bank applied rates not stipulated by the terms of the agreement, including there was an increase in the rate unilaterally without notice to the consumer of the loan, which contradicts Clause 4, 5 st.11 of the Law "On Consumer Protection" (this can be verified by performing certain mathematical calculations).
Inconsistency (inconsistency, contradiction) of the terms of the contract
The terms of the contract are contradictory. Some items in the contract are not consistent with others, or data in the annexes to the loan agreement do not correspond to the terms of the contract, etc. In this case, attention should be paid to the main indicators of the contract - the amount of credit, currency loan, the method of granting a loan, the size of the interest rate, method and method of accrual of interest, method and amount of repayment of payments on a loan, period or terms of the contract and other conditions.
Possibility of early repayment of the loan
The terms of the contract are contradictory. Some items in the contract are not consistent with others, or data in the annexes to the loan agreement do not correspond to the terms of the contract, etc. In this case, attention should be paid to the main indicators of the contract - the amount of credit, currency loan, the method of granting a loan, the size of the interest rate, method and method of accrual of interest, method and amount of repayment of payments on a loan, period or terms of the contract and other conditions.
Possibility of early repayment of the loan
In the conditions of a loan agreement there is no right to early repayment of a loan, or such right is granted only if certain conditions are fulfilled by the borrower, which is not in accordance with Clause 8 of Article 11 of the Law on Protection of Consumer Rights and Article 613 of the Civil Code of Ukraine.
There are no documents confirming the granting of a loan or the issuance process does not comply with the terms of the contract
There are no primary documents (memorial documents, applications for issuing cash), confirming the provision of a loan, or such documents have been issued in an improper manner (i.e., not in accordance with the Decrees of the NBU Board No. 254 dated June 18, 2003, No.337 dated August 14, .2003). It also happens that loans were provided on account or from an account not provided for by a loan agreement or in an amount that does not correspond to the terms of the contract.
Other nuances requiring more in-depth analysis are set up by a loan expert in the process of research.
If any of the above points suits you or you have been noticed other inconsistencies - to advance to uphold your right to justice!
So, you made a decision to seek advice from experts from the Ukrainian Research and Experts Service. For the preliminary examination and study of the situation, we recommend the following documents:
- A loan agreement with attachments to it;
- Additional agreements to the loan agreement with the attachments to them;
- Receipts or other payment documents confirming all payments related to the loan;
- Primary documents for issuing a loan (memorial documents, applications for issuing cash);
- Accounting documents of the bank (if available, provided by the bank);
- Other agreements connected with credit (purchase-sale, mortgage, insurance, bank account) and all payments on them;
- Other documents (if any).
Remember, credit is not a verdict. If you fight for your rights, then the situation will not be as sad as it seems at first glance.