Rospotrebnadzor than harm customers of banks

From the imposing paltry penalties in particular cases (specific agreements with the citizens) was transferred to the supervisory authority that claims rights and legitimate interests of an indefinite number of consumers of financial services - requirements prohibit the bank to perform any action. Recall that in 2006 it began as the campaign for the abolition of commissions and the duty of banks to show the effective interest rate. The campaign was successful, after which the activity of the RPN in the financial sector began to decline. As it turned out, permanently. In 2010, was filed more than fifty claims, twenty of them are satisfied. This service can not be called a whim - just the number of citizen complaints per year has increased five-fold - from 3.8 thousand to 19 thousand "Today, the vast range of issues and complaints that come to us, just respect the treaties concluded in 2007 -2009 years, when citizens began, they say, hindsight to ask questions about what they had once entered into the contract, and whether it violates their rights, "- said recently head of the Consumer Protection Rospotrebnadzor Oleg Prusakov. At the same time, even supporters of disgruntled customers consider such action "fighting windmills." Indeed, the Federal Service for Supervision of Consumer Rights Protection and Human Welfare reveals the formal violations often have no real justification, and sometimes detrimental to the banks themselves and the financial system as a whole. And do administrative cases are at a loss for the state. The law against the contract. The vast majority of disputes in the past year was due to the inclusion in contracts illegal conditions. By itself, this fact is an administrative offense and punishable by a fine of 10 to 20 thousand rubles-lei. Moreover, the law restricting the rights of private clients terms are negligible, that is not punishable legal consequences. An essential part of the administrative affairs can be considered "typical." For example, on the right bank to unilaterally change the rates. Of course, financiers can understand: if long-term lending (eg mortgages), they often use "short" money, conditions of attraction which can fluctuate significantly (deposit rates in 2009 relative to 2007 grew at times). Obviously, if the difference in rates of recruitment and lending is reduced to a minimum (or even go into the negative region), the bank suffers a loss, then a commercial organization can not prevent. On the other hand, we can understand and borrowers: the condition of a unilateral change in interest rates may make it impossible to service loans that triggered the subprime mortgage crisis in the U.S. in 2007. On this issue at Rospotrebnadzor formed a solid position, consisting in the unlawful unilateral changes in rates, even if the possibility of this was spelled out in the loan contract. This view was confirmed by the spring of last year adopted the decision of the Presidium of the Supreme Arbitration Court of Russia (EAC), which is a "leading and guiding force" (de facto or even de jure solution to this court are binding on all courts of arbitration). In this case the servants of Themis link just on the commercial status of credit institutions, which confers on them the risks involved. It should be noted that changes made at the beginning of last year an amendment to the Law on Banks and Banking simplify the task of judges in search of truth: the new version of the law expressly prohibits the raising rates for private borrowers. But some lenders de facto ignored even the lawful obligation in 2010, the Federal Service filed claims of illegality of such conditions for at least three banks ("Ak Bars", "Baltic" and "Transcreditbank"). Also, you have long considered inadmissible charges for opening and maintaining loan accounts, and the practice of lower courts confirms the illegality of charging any fees for grant and loan servicing. That is, officials and judges are convinced that all payments should be included in the interest rate. Court decisions on this issue was forced to give up collecting commissions on loans even as market leader - Sberbank of Russia. His example was soon followed by many other banks, but still not all. The vast majority of credit institutions and ignore judicial practice, confirming the illegality of the imposition of insurance - life and disability of the borrower, as well as property and liability (for example, CTP and car loans at Hull). That is, banks may not condition the granting of the loan purchase policy, raising interest rates in the absence or demand to repay the loan in the event of termination of the contract of insurance. But, in spite of the penalties paid, the financiers are unwilling to give up their environment - in particular, the insurance of the collateral for car loans. Proud obstinacy we sing songs. A lot of administrative cases is concerned, obviously, illegal conditions for mandatory review of all disputes (as the contracts of loan and deposit or account) only in the court of the location of the bank or its affiliate. Although the law guarantees the consumer a choice: he has the right to sue in court, where the defendant (credit institution), and where he lives. Despite the decision of the same BAC, current practice and, more importantly, the insignificance prescribed in the contract terms, many lending institutions (eg, "Moscommertsbank", "Home Credit and Finance Bank" and others) do not want to exclude it from the form of the contract. Though in some regions, where the branches of these banks already imposed administrative fines, not registered a single dispute, for example, with the depositor. Logical meaning of this clause, which brings the bank only financial, reputational and institutional losses of the press service did not want to explain. Most other credit institutions implicated in various disorders of Rospotrebnadzor, also ignored the questions of "F". For example, in BSGV stated "practice to avoid participation in the articles, which appears negative information." The press service of the Savings Bank explained that the "CTP in principle must not only be acquired on credit cars, and for all" (actually a policy "avtograzhdanki" is necessary solely for the use of vehicles on public roads, etc. - no obligation to buy his standing in the garage for "four-wheeled friend.") VTB24, according to its director for regional projects, Artem Bochkarev, last year abolished the levy fees for the issuance of consumer, auto and some mortgages. However, for other types of mortgage products such commission is retained (their validity is not questioned). "Insurance of the collateral provided by applicable law, - says Artyom Bochkarev. - The mortgage borrower can select the option loan without private insurance, only the insurance of the collateral. Also of credit agreements VTB24 exclude the possibility of changes in interest rates unilaterally. " And the eternal battle ... According to Oleg Prusakova, the overall situation is not radically changed - banks continue to impose illegal conditions and look for any way to circumvent statutory limitations. For example, when the EAC was unlawful fees for maintaining the loan account, credit institutions have changed the name of the payment - began to take loan fees, etc. "The essence is not changed", - says the official. As "blunt and straightforward," Banks, in his opinion, to impose a condition of jurisdiction, hoping to hear all disputes "his" court. Many customers do not only agree with this rule, but subordinate to it, not trying to challenge (perhaps this is the meaning of the failure of banks to remove this item from the contract). Initiation of an administrative matter solely related to the identification of violations, such as inclusion in the contract illegal conditions. The fact that its practical application and availability of real victims, as well as the extent of their losses have value only when a penalty (the penalty), but not an excuse. Such a policy is the supervisory authority is critical. Most often, for the violations to bank imposed a fine of 10 thousand rubles, the lawyers of the credit institution has challenged a ruling of an administrative offense in bankruptcy court, then filed an appeal and the appeal, etc. In this case the applicants are exempt from state taxes, and budget expenditures to the same arbitration case are on average 11-12 thousand rubles. Plus organizational expenses of the Ros-potrebnadzora, whose officers are investigating an administrative case, the lawyers defending the position in court, etc. As a result, the state, this process costs "a lot of money," and, in fact, nothing has changed: in agreement with the other client (and maybe even with the same) includes the same bank the same condition. Last year alone, and only on the "Home Credit and Finance Bank" was made nearly four dozen decisions, most of which are identical. Because a change of tactics of the Federal Service of suit in favor of an indefinite number of persons is justified. Last year, the courts received 55 such applications. The defendants are Alfa Bank, Bank of Moscow, "Uralsib", Sberbank of Russia, Credit Europe Bank, "Ak Bars", Baltic Bank and others. "The objective prerequisite of such a positive dynamic in many ways was consistently pursued in recent years Rospotrebnadzor work associated with identifying and stopping illegal activities of banks in consumer lending in the administrative procedure" - explains the supervisory agency. In the Footsteps of Don Quixote. Financial ombuds-man Russian State Duma Deputy Pavel Medvedev uniquely evaluates the activity of agencies in protecting consumers of financial services. So, if some of the tap, he thinks proper, then the other - and even wrong "harmful" to the citizens. "For example, insisting on the illegality of the Federal Service of charging loan fees. But citizens are exhaustive information on the full cost of the loan, he can read it, agree or refuse to enter into a contract. When issuing a credit bank is working to assess the solvency of the borrower and must recoup their costs. They are different - one thing when it comes to short-term consumer credit, the other - on the mortgage loan for many years. If mortgage costs in the interest rate, then it will rise "- believes the Ombudsman. The decision by the commissions, in his opinion, could "put an end" and the state-backed mortgage. According to the Agency for Housing Mortgage Lending (AHML) loans issued by banks-partners, and after a while (usually about a month or two) portfolio is redeemed by the agency. "The Bank does not receive interest, but should also explore the solvency of a borrower. If we prohibit charging commission, who will reimburse him the costs? Intentions, as you know, the road to hell is paved with ", - says Pavel Medvedev.