Making a loan, the borrower pre-conscious thinks about the penalties applied by the bank in case of delay. Less consciously - are starting to think about this for once, this is the delay occurs.
Applying to various kinds of sanctions prosrochnikam banks following internal regulations and conditions of the contract with the client, at times, even without notifying the customer on their application. As a result, the client who is late in paying for a few days, may be stunned the amount of declared him the debt. Sometimes banks manage to penalties apply additional penalties. As a result, the duty of the client to the bank increases in geometric progression, beginning, in fact, with the nonsense.
In connection with this fact quite often there are lawsuits from borrowers to banks wrongfully accrued huge penalties for trivial breach of contract. Due to the frequent appeals of citizens, in 2010, the SAC was ruled that actions of banks in relation to the imposition of fines on illegal borrowers. This decision was somewhat discouraged bankers. Because in fact it means the abolition of any responsibility for the failure of the borrower of the loan agreement.
It turns out that the lender has no right to penalize the defaulter, and at each delay should immediately go to court to resolve the issue of repayment. Naturally, the borrowers will have a resistance to the creditor, giving counterclaims that significantly complicate the work of the judiciary. And of course, the scammers will rush to take advantage of a loophole that appears in the domestic legislation. And the judges have to understand where the scammers, and where did the borrowers who find themselves in a difficult situation.
It turns out that the solution YOU promoted replacement of poles: if before the banks tried to get profits out of the conceivable penalties, it is now strongly borrowers evade repayment of loans, using emerged privileges. It turns out that the desire to protect ordinary borrowers led to the mess in the credit market.
Our legislation and so far from perfect, but these changes did not only not improve, but adds to the confusion in the relationship between lenders and borrowers. Indeed, changes in the law did not affect the content of the already signed an agreement that provided for fines. And, in case of breach of contract, the borrower they still have to pay, just collect them may have in court (ie, the lender will pay more and court costs, which ultimately will still fall on the shoulders of the client). And someone from this easier?
In fact, if a customer made a late payment for a good reason and will appeal to the bank with a request not to charge fines, pledging to repay the loan, the bank, thanks to the current law, will meet the client is much more likely (because the prospect of trials unlikely to please the management of the bank, the more that customer offers to repay the debt, albeit without penalties).
Naturally, the bank can not go to meet the customer (in fact, he signed a contract and, therefore, agreed with the penalty). But in this case, too, there is an opportunity not to pay the fine (although it will have to recognize the illegal actions of the bank on its chargeable).