Information on the settlement of overdue debts on consumer loans (Article 23 of the Law of Ukraine “On consumer lending”).
1. METHODOLOGY of work in settling overdue debts of the ZaRaZ Credit Union https://zaraz.org.ua/en/informacija-dlja-spozhivachiv/
2. The procedure for assigning the right to claim under a consumer loan agreement to a new lender;
The Constitutional Court temporarily does not assign the right to claim under a consumer loan agreement and does not involve collection companies in the settlement of overdue debts.
3. The conditions under which the lender begins to settle overdue debts, assigns the right to claim under a consumer loan agreement to a new lender.
3.1. The Constitutional Court temporarily does not assign the right to claim under a consumer loan agreement and does not involve collection companies in the settlement of overdue debts.
3.2. The lender begins activities to settle overdue debts if:
1) the consumer has delayed the fulfillment of obligations under the consumer loan agreement for more than 30 days.
2) the decision of the Lender to postpone the terms or terms of payments under the consumer loan agreement was made based on the results of consideration of the application from the consumer to postpone the terms or terms of payments under the consumer loan agreement filed no later than five days before the start of the term, or the payment due date (return loan and/or payment of interest) due to the occurrence of temporary financial and/or other complications.
4. Procedure and method of repayment of overdue debts
4.1. The consumer has the right to pay off the overdue debt
4.1.1. Cash through the cashier of the Lender for the location.
Payments are accepted on business days according to the work schedule.
Tax settlements between a credit union and a consumer within one day can only be carried out within the limits of the maximum amounts of cash settlements established by the relevant resolution of the NBU Board (no more than UAH 50,000).
4.1.2. By non-cash transfer of funds to the current account of the Lender according to the bank details for the purpose of payment: “Payment in accordance with the loan agreement No. ____ dated ______ for ________ (name of the Borrower). Without VAT”.
4.2. Repayment of overdue debt is carried out in the following order:
1) the overdue loan amount and overdue interest for the use of the loan shall be paid first;
2) secondly, the loan amount and interest for the use of the loan are paid;
3) in the third place, the penalty and other payments are paid in accordance with the consumer loan agreement.
4.3. If the consumer delays the payment of a part of the consumer loan and / or interest for at least one calendar month, and for a consumer loan secured by a mortgage and for a consumer loan for the purchase of housing – for at least three calendar months, the Lender has the right to demand the return of the consumer loan, the term the payment of which has not yet come, in full.
The lender shall notify the consumer in writing of such a delay, indicating the actions necessary to eliminate the violation and the period during which they must be completed.
If the Lender, in accordance with the terms of the consumer loan agreement, requires payments to be made that are not due, or the return of the consumer loan, such payments or the return of the consumer loan shall be made by the consumer within 30 calendar days, and for a consumer loan secured by a mortgage and for a consumer loan loan for the purchase of housing – 60 calendar days from the date of receipt from the Lender of a notice of such a requirement. If during this period the consumer eliminates the violation of the terms and conditions of the Consumer Credit Agreement, the creditor’s claim becomes invalid.