Monthly Archive: December 2019

Returning loan commissions: judicial practice

Loans are very common now. For one thing, it’s convenient. You don’t have to save anything on the thing you want, but you can just buy it with borrowed money. But there is a downside.

First of all, the overpayment is quite palpable due to the interest on the debt amount. In addition, many banks charge their customers hidden fees for certain services. We’ll understand in this article whether such fees are legal, as well as the ability to contest them and repay the money.

What is the loan commission?

The interest rate paid to the creditor bank Customer – these are not all the necessary costs that customers are faced with. The loan commission can be described as another expenditure item. Many of the commissions that allowed credit institutions to compensate for the low-interest rate until 2009 declared the legislation of the Russian Federation illegal. The return of loan commissions is very relevant today.

A credit commission is a payment service provided by the bank. These can be early repayment, loan service, loan payment, processing loan applications, opening and maintaining a loan account.

The commission payment can be calculated in a fixed amount or in the form of interest.

Do lenders have the right to keep it?

Do lenders have the right to keep it?

In 2009, the Supreme Court of Arbitration of the Russian Federation was ordered that the commissions that credit institutions charge for the provision of a loan are illegal. Which gives the bank’s customer, who practices the inclusion of commission payments in the contract, the right to return loan commissions. This is certainly true, but is it possible to put it into practice? We’ll understand.


According to the decision of the Supreme Arbitration Court, a credit institution can only charge a fee for additional services that do not include measures in the form of a loan account, examining an application, granting a loan, etc.

These measures relate to the list contained in the bank’s tasks. In this way, the organization or individual can count on submitting a claim for the return of a commission for a positive decision.

List of illegal commissions


Loan commissions can be reimbursed if they have been illegally charged.

The status of these people by the decision of the Supreme Arbitration Court has received all commissions that the credit institution has included in the loan agreement. The most popular banking requirements for commissions include loan service, settlement services, loan account management, insurance, and getting a loan.

The legislation of the Russian Federation recognizes the possible return of one of the aforementioned commissions.

To find out whether that or that often enough to carefully consider the terms and schedule for paying the loan contract. The display of commission payments is almost always visible.

Some fees may be hidden in the bank’s fees. The loan agreement may include an indication that the customer fully agrees to the costs that correspond to the bank’s interest rates. Tariffs can change constantly and the borrower is not warned. Customers are in the dark for whom they constantly pay commissions.

When is it possible to repay commissions and secure loans?

Deadline for filing a claim

The legislation of the Russian Federation has been set for the return; commission deadline for submitting an application in 3 years. If the bank commission was paid earlier, the borrower must abandon the intention to repay the amount.

If you approach the 3-year time limit, you should go to court immediately on the advice of lawyers without taking any previous complaints. Then you just waste a lot of time.

Loan Commission Returns – Procedure


It is possible to repay the loan commission regardless of this, in addition, the loan has already been repaid or has not yet been repaid if the deadline has not yet expired. A borrower who chooses to receive the return of unlawfully assigned commission payments should do the following: Send a claim to the bank, file a complaint with the Good Finance, and then go to court.

Use at the bank

The request for sending to the bank is prepared in 2 copies. The document should reflect the essence of the problem the borrower has encountered, the request to return the commission, including a reference to the arbitration panel’s decision on the matter. This should include a reference to the initials and address of the bank’s customer.

The claim will be sent to the headquarters of the facility. One copy is for the bank, the second for the office staff. It is the day of receipt that should be monitored. It should take no more than 10 days to review the application.