Your loan is closer to the body – Newspaper Kommersant No. 213 (7414) dated 11/17/2022
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As Kommersant found out, in the face of economic instability and the deteriorating quality of debt servicing, banks do not hesitate to bypass bailiffs to repay their loans on time. Most market participants do not admit to such practice and only in an individual conversation with the client describe the possibility of repaying the loan without paying the debt for enforcement proceedings. But there are those who openly use loopholes to circumvent the law on enforcement proceedings, calling it a “client option.”
An interesting review about Post-Bank was recently published on the Banki.ru website. The client describes the situation about the practice of contacting the bank to make payments on the loan “bypassing the arrest” in enforcement proceedings. In response to the problem described by the client, the bank confirms: “The bank now has the opportunity, if there are restrictions on the accounts due to the current collection, to make a monthly payment on the loan at the bank’s ATMs through a prepaid virtual card. To do this, you need to insert any card of JSC “Post-bank” into the ATM and clearly follow the further instructions. On the forum, the bank directly writes that it has received a decision to impose a penalty on the borrower’s funds placed on accounts opened with the bank as part of enforcement proceedings.
Post-Bank does not see anything shameful in providing borrowers with the opportunity to bypass the payment of funds for enforcement proceedings to repay a loan. “There are two ways to make a monthly payment on a loan under the conditions of a lien on a client’s current account. The first is to deposit an amount greater than the amount of the recovery. In this case, the balance is debited to repay the loan, they explain there. The second is making monthly payments on the loan using a virtual prepaid card, which does not contradict the law. According to the law “On Enforcement Proceedings” (229-FZ), the debtor’s electronic funds transferred using personalized electronic means are subject to collection. In this case, the bank offers customers to use a non-personalized virtual card.” The FSSP and the Central Bank did not respond to Kommersant’s request.
The practice of making payments on a loan in the presence of an account arrest is widespread in the market – for example, in cash through a cash desk in a branch, the bank’s press service clarified: “However, Post-Bank does not work with cash nodes, so a virtual card scheme was implemented. When depositing funds to a virtual card, funds are not automatically debited to repay the loan: the client independently generates a payment order in the bank application or ATM.
Other market participants do not advertise such options. Although, for example, Sberbank in an online chat advises to deposit funds in cash directly to a loan account or ask friends and acquaintances to make a payment on a loan. By the way, this is a completely legal way. “A not very good trend is emerging, because clients find themselves in a difficult situation, and the bailiff service does not collect the funds allocated by law,” says Anna Gretskaya, head of the Formula Success legal boutique.
Lawyers argue that Post Bank’s proposal is a circumvention of the law. “If the repayment of a loan to a bank is made by the debtor and goes mainly to the debt for enforcement proceedings, the bank may have problems,” explains Dmitry Shevchenko, managing partner of Zamoskvorechye UB. costs associated with such a dispute. In addition, we can talk about bringing the bank to administrative responsibility under Art. 17.14 of the Code of Administrative Offenses of the Russian Federation in the form of a fine in the amount of half of the unwithheld amount, but not more than 1 million rubles.
“In this case, the bank receives funds on a priority basis, roughly speaking, for itself, by direct debit. This violates the law on enforcement proceedings and the decision of the court on which the recovery was made,” Anna Gretskaya agrees.
In fact, the expert adds, the described scheme is a circumvention of the law, since, according to paragraph 9 of Art. 70 229-ФЗ, if the funds available on the debtor’s accounts are not enough to fulfill the requirements contained in the executive document or the order of the bailiff, the bank transfers the available funds and continues to do so as it becomes available to the account until the execution contained in the executive document or the order of the bailiff requirements in full. Banks, Anna Gorodetskaya believes, “are looking for loopholes to repay their obligations at the expense of other creditors, which should not be.”
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