Credit clearing

According to Lyudmila Efimova, consultant of the legal department of the Association of Russian Banks, from a single fee in the form of interest rate lenders have refused to even ten years ago due to tougher competition, "To attract the borrower, it was necessary to show that the rate is low. Commission invented arbitrarily by each bank, sometimes indeed "as the spirit lay." One for all and all in one in the current legislation there is no explicit prohibition of credit institutions to charge the borrower a fee for application review, inspection, issuance of the loan, its maintenance, etc. Headed by Gennady Onishchenko Federal Service for Supervision of Consumer Rights Protection and Human Welfare (Rospotrebnadzor) sees in commissions imposed on services. Although the unique jurisprudence does not exist yet, many lending institutions (including Sberbank) refused by the commission, including all costs in the basic rate. Submitted by a State Duma deputy Anatoly Aksakov bill prohibits the charging of fees for related services, the provision which arises from the basic contract, or for actions that are not banking. For example, the issuance of credit and includes consideration of the application, and evaluation of the borrower, and contract, and keeping proper accounts and crediting of payments, etc. At the same time, additional services (rent safe-deposit box, collection, etc.) can stay charged. "Such claims are borrowed from German jurisprudence, and are generally consistent with the position stated the Supreme Arbitration Court of Russia", - says the author of the amendments. At the same time acting situation is very ambiguous. And a half years ago the Supreme Arbitration Court of Russia really was unlawful charging Savings Bank fees for opening and maintaining the loan account, as onaya service is not a banking transaction. However, the largest credit institution in Russia, followed by the other banks, simply rename the commission, continuing to charge its already "loan fees". In some regions authorities Rospotrebnadzor able to prove in courts of arbitration, that the banks have no right to take any extra contractual lending, excluding interest. But a common practice on this issue has not yet happened, and the servants of Themis often consider such claims department Gennady Onishchenko inconclusive. The law - nothing prices - all Bankers ambiguous assessment of the situation with the Commission and the prospect of their removal: "At the moment questions about the legality and advisability of levying commissions discussed quite actively in professional societies, - said George Ter-Aristokesyants, vice president, Bank VTB 24. - Mortgage lending is one of the most complex and demanding banking credit processes in the framework of the application client's decision to grant credit, structuring and preparation of a mortgage transaction the bank has significant and quite certain operating expenses that require cost-based compensation. In our opinion, it would be advisable not to prohibit, and clearly differentiate fees for various banking services according to their semantic content and independence. In the case of a ban on the establishment and collection of commissions in the mortgage lending banks will be forced to lay the compensation for these costs in the interest rate, which will require further take into account the risks of default and early repayment of loans, and discounted cash flows over time. As well as those operating expenses that are incurred by the bank in processing the application, which, ultimately, will not be realized in the transaction. Thus, it can lead to a noticeable increase in cost of good end-consumer. " In VTB24 also note that the credit market is competitive and a potential borrower has all the features that allow it to choose a lending institution, the cost and range of services which he was more comfortable with. According to the deputy chairman of Absolut Bank Ivan Anisimov, cancellation of fee income bears both positive and negative aspects: "First and foremost, this measure is aimed at increasing the transparency of pricing for future borrowers. Indeed, if all the costs the client will be exhausted rate on the loan, it will facilitate the selection and evaluation of the program the availability of credit. On the other hand, in this case, the interest rates for loans will inevitably grow up, since the abolition of commissions banks lose some revenue, "- he believes. In the group of Societe Generale in Russia, uniting, including Rosbank and bank "Societe Generale Vostok" is not planning to abandon the commissions. Deputy Chairman of the Board of Rosbank Marc-Emmanuel Vives convinced of their legitimacy and accuses the Russian government over-regulation in this matter. He does not deny the existence of judgments against the bank, but their performance sees the return of the amounts only to borrowers who have made the claim: "The court decision - this is not some general rule, so we will charge a commission in the future" - he concluded. At the same time, many lenders are not waiting for the law or even legal sanctions, refused commissions, including all costs in the interest rate. And one of the first had done before is extremely odious in this regard, Home Credit and Finance Bank (its not just accuses of violating the rights of borrowers): "In 2008 we eliminated all non-recurring and periodically collected by the commission, including opening and servicing loans, account management, registration of contracts, review of bids, prepayment, etc., - says Director of Legal Department, Alexander Gontarenko. - Settle all fees is problematic, because the banks that make up for their account their income, will introduce new commission not specified in the law. " A year ago, from commissions on credit contracts declined Savings Bank, and later his example was followed by others. Such policies, including the largest credit institution has not led to a sharp increase in interest rates and fears of the financiers themselves on this matter can be considered exaggerated. Thus, in the first quarter of this year, the share of commissions, the process associated retail lending in total income VTB24 was about 1 percent. About one hundred to compare fees and interest income of bank "DeltaCredit" devoted exclusively to mortgage lending. It makes sense that if a law interest rate should be increased proportionally. For example, a mortgage loan issued for 10 years instead of 15 borrower will have to pay about 15.2 percent per annum. Vice-President of the Association of Russian Banks, Andrei Emelin is lawful not only charge fees, but also allows them to change unilaterally. Especially when it comes to credit or services provided by third parties will be provided in the future (crediting money to the loan account, the translation of a payment terminal and even the issuance of certificates of indebtedness): "In practice, prices change frequently. Imagine a 20-year mortgage, how can any one borrower to calculate the commission individually according to the prescribed rate in his contract? "Bear Financial Ombudsman Service of Russia, State Duma Deputy Pavel Medvedev also believes that banks should be abandoned by the commission, shifting costs to another form although it will not be very effective for the consumer because of the same growth rates. Therefore, the Federal Service, in his view, provides borrowers with "a great disservice." Ombudsman himself, given the ambiguous case law, avoids disputes about commissions: "If I receive a complaint, the petitioner replied that the decision of the Supreme Arbitration Court of Russia opens the way for him to court," - he explained. Borrowers themselves very passive in these debates. Although there are exceptions: Petersburger Karelian collected from JSC "Bank Societe Generale Vostok» (BSGV) commission withheld by giving him a personal loan. There is another practice: for example, March 4, Russia's Supreme Court dismissed the complaint with a supervisory resident Nina Westphal Ulyanovsk region, which in 2007 took a loan from a "Binbanka" 650 thousand rubles at 16 percent per annum. The contract provided for payment of fees for maintaining the loan account at a rate of 1 percent per month, which will ultimately cost the borrower to 234 thousand rubles (several times higher than the interest paid on the loan. Rejecting a reference to an established arbitration practice, common law courts have indicated that a citizen of Westphal "In the course of the loan agreement voluntarily performed its mandated treaty obligations," but because her rights were not violated. However, some consumers have found a way to apply the "pleasure" of arbitration to their advantage - achieving solutions Rospotrebnadzor to impose an administrative penalty that banks often ambitious lawyers only challenge to the arbitration court. They serve the petition and take it as a third party. Given that the practice of the Dispute at least on charges for loan accounts have been worked out (and the aforesaid matter affects the interests of millions of borrowers, including all customers of the Savings Bank) award is almost a foregone conclusion. And by law, all the conclusions that came into force a judicial act required in another case involving the same parties (are the so-called prejudicial value) - the court of general jurisdiction are not eligible to review them. According to a representative of one of the banks Now if indiscriminately accept all the commissions illegal, then the system of mortgage lending will cease to function: "When you work with HMLA only commission and retained by the bank as payment for his work - underwriting of the borrower, loan processing, evaluation of the apartment, etc. Now the whole country is suing the mortgage banks, returning the commission. shall be submitted even the judges themselves. Plus, lenders pay an additional 10 thousand as a penalty at the request of Rospotrebnadzor, because they allegedly violated the rights of borrowers. Who will work with HMLA then? " Chairman of the Supreme Arbitration Court Anton Ivanov, Russia is convinced that the issue of tariffs and commissions can be solved very simply: "We need to change the interpretation in terms of tax legislation and say that they just bet on bank loans. have very different rates. And then no economic incentive banks have their input will not. "Jokingly, he suggests taking a commission for everything that makes a credit institution to the borrower:" janitor sweeps the floor in the bank - it is also a service - says the chief arbiter of the country. - As a pure pleasure to walk the floor after all, than the dirt. Or with respect to the court, duty can be taken to check the powers, rights for reading, for each request, for examination of each witness "- believes Anton Ivanov. Honest to be profitable main aim of the bill, Anatoly Aksakov - to resolve the issue of informing borrowers about the cost of the loan. Now banks are required to provide potential customers a full account of all fees and to calculate the so-called full cost of credit (PSC), including all commissions, etc. However, the author believes that the amendments inadequate: "Credit relations are long term, so the mere knowledge of the contract price (the cost of credit) is not sufficient to compare different products. The actual cost of credit and financial result of the transaction depends on when the amount should be returned and must be paid when other commissions and fees. In practice, lenders use a variety of charging orders interest and other fees (commissions). Even if we forget about the past, knowledge of the loan interest rate does not provide an adequate comparison - the size, maturity and repayment schedule may be different ", - says the MP. In his opinion, recognized adequate comparative characteristic is not absolute amount of payments, and the effective annual interest rate (Annual Percentage Rate - APR), which expresses the full value, taken as a percentage of the loan amount on an annualized basis. Besides, Anatoly Aksakov, proposes to establish a uniform format for the disclosure of basic terms of credit agreement (the passport credit) to be entered into with the borrower - a physical person. This idea is also the author borrowed from European legislation: "From May 2010 all consumer credits in the European Union issued with a passport: to contract the bank must disclose not only the consumer-borrower a certain amount of information but do it in a very specific form. From the standpoint of the borrower, the loan provides a passport in the first place, the transparency of the credit agreement, and secondly, to easily compare loan products of different banks ", - thinks the MP. Approval of the format of the passport, he offers delegate to the Bank of Russia, whereas in the law intends to consolidate the requirements for even the font size, which should be written in the contract, and its density. Pavel Medvedev sees the bill as excessive. "Yes, there was a time when banks concealed information about commissions etc. To understand the interest, charges for the issuance, loan servicing, etc., without completing the Academy of Finance, or having no special computer program was impossible. But now the question is not very relevant: people no longer complain that it is not understand the so-called "positive" part of the contract - what to do when everything is fine (as much to pay, etc.). Most borrowers do not understand the "negative" part - what to do when the time is not paid or otherwise violated the schedule . It is offered in large print size to write the effective rate, but no one stops to indicate very small amount of the fine for delay, "- said the Ombudsman. At the same time, conflicts in the matter of providing information about consumer characteristics of banking services do not stop. Sometimes lenders" forget " sum included in the schedule of payments, sometimes, by contrast, does not decode the individual operations, etc.