Customer payments to IFC on the debt for the last 8 months have been stuck between the two organizations.
With a very unpleasant situation faced by customers is known in Russia microfinance organization “Home money”, — said the activist of the popular Front “For the rights of borrowers” Dmitry Lopatkin.
Last year the company was unable to cope with their obligations to clients and handed the Bank “Russian standard” debt loan portfolio in the amount of 470 million rubles, but soon arose between them serious disagreements.
In letters which the company sent to its customers, said that from the moment of its receipt the customer is obliged to execute in favor of the Bank on their mortgage payments due to the agreements between the “Russian standard” and “Homemade money” from 15 December 2017. From a conversation that took place between the Bank employee and the customer, the IFC has become known that the company “Home money” has allegedly become bankrupt and return the money to them is simply impossible, because the funds will not be used to repay existing debt, and will simply disappear. All payments sent to IFC in the last eight months to find would be “very problematic.”
Many customers are “house money” also reported that they had received from a microfinance organization reports that in no event it is impossible to respond to requests from other companies to pay them available in front of the IFC debt. “Otherwise, the payment will not be valid,” read the SMS.
According to the source, in the period from November to December 2017, between the Bank and microfinance company signed a number of agreements which States that the loan portfolio of half a billion rubles will go into repayment on the previously granted “Home money” loan. The agreements were also spelled out the conditions, which stated that bail will go to the Bank.
At the moment, both sides declare that soon the situation will be resolved.
“Clients will need to provide the Bank confirmation that the payment was made”, — said the representative of “Russian standard”.
“Home money”, in turn, say that customers receive certificates that confirm the full or partial repayment of the debt. “In the presence of such a certificate, the client can be sure that the re-recovery of loan will not be”.
The Central Bank of Russia does not comment on matters concerning such financial institutions. While the Central Bank considers that according to the law, the original creditor is not obliged to notify the borrower of the assignment requirements.
“The procedure of such notification should be spelled out in the agreement of the original and new creditors,” according to the Central Bank. From the same borrower, the notice shall be effective regardless of who the creditors were engaged in his direction, but the borrower, in turn, has the right not to repay the loan to the new creditor, if the latter did not provide evidence of transfer of rights requirements.
The exception is the case when a notice of transfer is received from the original lender.
In case the debtor failed to timely notify the respective written notice, he has the right to continue to pay the original creditor. Also, the Central Bank added that despite the fact that they have no opportunity to influence the first and second lender, and information about this kind of difficulties from borrowers will be applied in the process of conducting behavioural surveillance.
Experts say that borrowers should not rush and listen to any advice regarding this situation. IFC “Home money” and Bank “Russian standard” will meet in court, after which, probably, will be approved by the owner of the copyright requirements.
Dmitry Gorbunov, a partner organization “Rustam Kurmaev and partners” believes that the money can be sent to the personal account of a notary, subject to the challenge rights of claim on cash. Then inform the Bank and the company “House money” that they can obtain required amount (after confirming the procedure in court). However, if you resort to this decision, for the use of a Deposit will have to pay a certain sum of money. In addition, Dmitry has added that the above advice is only advice and the final decision can be taken only after thorough verification of all relevant documents and investigation of the existing situation as a whole.