Rus Articles Journal

Sent a credit card as to the conscientious borrower? What sum you owe bank?

Very many came across (on need or out of curiosity) a so-called “free“ credit card.

We will consider this case from a law point.

As a rule, the card is sent by bank after the first loan is repaid that is considered conscientious performance of obligations both parties of the credit agreement.

The law or the contract can provide that the termination of period of validity of the contract attracts a discharge of the parties of the contract. The contract in which there is no such condition, admits acting till the moment of the end of execution by the parties of obligations defined in it (St. 425 Civil Code of the Russian Federation).

Further the credit card which you activated was sent you and, respectively, again entered the contractual relations with bank.

In this case the bank is obliged to sign with you the new contract of crediting as old ended, and the offer to you a credit card is considered the offer (i.e. the offer of bank again to sign the credit agreement). And you accept, that is agree to the new credit agreement, by removal of money from the card. At the same time it is considered that all agree with terms of the contract.

Art. 432 of the Civil Code of the Russian Federation says: “The contract is considered the prisoner if between the parties in the form demanded in the subject cases the agreement on all essential terms of the contract is reached“.

Conditions about subject of the contract, and also conditions which are called in the law or other legal acts as essential or necessary for contracts of this look, and all those conditions concerning which according to the statement of one of the parties the agreement has to be reached are essential.

The contract is signed by means of the direction of the offer (the offer to sign the contract) of one of the parties and its acceptance (adoption of the offer) by other party.

But most - that there is no contract, as well as conditions (% of the credit, a penalty fee, etc.) .

Not conclusion of the contract in an appropriate (written) look in this case results in invalidity of the transaction. The contract between the legal entity and the natural person (Art. 161 of the Civil Code of the Russian Federation) and furthermore the credit agreement (Art. 820 of the Civil Code of the Russian Federation), are considered as prisoners if the simple written form is observed.

But the bank points (and courts agree) that there was a will of the parties on transaction, the creditor provided, and the debtor used money - therefore, the contract is considered the prisoner, and Art. 820 of the Civil Code of the Russian Federation is not applicable.

And here the most interesting.

You (at first in a claim, then in the statement of claim in court) with a type of the naive person declare to misters (they - that precisely “misters“) to bankers:

“And where written contract with all conditions (% for the sum of the credit, penalty fee, terms of payments)?

Yes, I used money of bank, but, according to St. 819 Civil Code of the Russian Federation, according to the credit agreement the bank or other credit institution (creditor) undertake to provide money (credit) to the borrower in a size and on the conditions provided by the contract , and the borrower undertakes to return the received sum of money and to pay percent on it“.

Art. 809 of the Civil Code of the Russian Federation: “If other is not provided by the law or the loan agreement, the creditor has the right from the borrower of percent to the loan sum in sizes and as it should be, determined by the contract. At absence in the contract of a condition on the size of percent their size is defined existing in the residence of the creditor and if a creditor is the legal entity, in the place of its stay, a rate of bank percent (a refinancing rate) on the date of payment by the borrower of an amount of debt or his corresponding part“.

The same treats penalty fee and penalties.

Art. 811 of the Civil Code of the Russian Federation: “If other is not provided by the law or the loan agreement, in cases when the borrower does not return the loan sum in time, for this sum percent in a size provided by paragraph 1 of article 395 (1/300 rates of the Central Bank of the Russian Federation) from the date of when it had to be returned, about day of its return to the creditor irrespective of payment of the percent provided by Art. 809 of the Civil Code of the Russian Federation are subject to payment“.

Conclusion. If it is your history, then act. Practically you owe bank the sum of a principal debt plus percent for this sum at a rate of 1/300 rate of the Central Bank of the Russian Federation, well and a penalty fee - at a rate of also 1/300 rate.

Well, and from bank it is necessary to receive all overpaid sums and plus percent in favor of the client for illegal enrichment (Art. 1102 of the Civil Code of the Russian Federation).