Customers trying to call a doctor for the bank

As previously told, "FA", a group of borrowers DeltaCredit, whose mortgage rates tied to an index Mosprime, in December, received notification that the amount of regular payments will be calculated on the basis of 27-29% per annum instead of previous 13-14%. Under the terms of the loan agreement is recalculated every three months. Present, given the dramatically increased importance Mosprime, brought the size of the annuity to the amount of monthly income debtors. Customers have asked the bank to fix interest rates at 13-15% per annum. In response DeltaCredit proposed refinancing at a fixed percentage commission payment. Terms of debt restructuring are not satisfied with the borrowers. They are looking for support in the Central Bank, Federal Service and the State Duma. The main argument when you make a mortgage transaction advisors bank was not informed properly about the risks of floating interest. In a letter dated 22 December 2008 addressed to the head of Rospotrebnadzor Gennady Onishchenko (a copy is available to "F.") borrowers are asked agency to "consider the degree of compliance with the law of the Russian Federation of 07.02.1992 № 2300-1 (amended on 10.25.2007)" On consumer protection "when signing ZAO KB DeltaCredit loan agreements with individual borrowers." According to the authors of the petition (signed by customers from Moscow, St. Petersburg and Krasnoyarsk), employees of the bank when you make a mortgage deal has not explained the mechanism of calculating the cost of loans with floating interest rates. "As provided by the payment schedule has been specified total loan amount to be paid by borrowers, calculated based on a percentage, fixed on the date of signing the contract. At the same time managers of the bank warned borrowers that the sum of the monthly payment will vary slightly in accordance with the terms of the contract and most likely will be lower than this. That is the amount that the borrower will have to pay will be less than the original payment schedule. But none of the managers did not explain to borrowers how the terms and conditions associated with a decrease in the amounts of payments in the future "- the letter says. Further, the authors point out that the new payment schedules, which the bank is banished to borrowers every three months from the original, but the big party. Since 2006, the first rate increase on average by 2.5 percentage points and the beginning of December 2008, amounted to 13-14% per annum. December 14 Bank formally notified the borrower to increase the floating rate to 27-29% per annum. "Thus, the monthly payments close to the level of monthly income, which the bank is taken into account when issuing loans. This means that the bank knowingly puts customers in a situation of non-payment of the subsequent recovery of the collateral (apartment)," - the document says. Earlier, on December 15, borrowers have sent a letter to the Department of Banking Regulation and Supervision of the Central Bank with a request to fix a bid for them at the initial level (at the date of signing the contract) or at the level of the third quarter of 2008. A day later, they asked the State Duma deputies Andrei Isayev, Yury Zelensky and Andrei Makarov to take control of its consideration of this letter. DeltaCredit in the twentieth of December offered a number of borrowers from Moscow, St. Petersburg and the regions of floating a loan to restructure and upgrade to a fixed rate. As told to "F." one of borrowing, the offer was made on the phone bank manager. He voiced the following conditions: fixation of the interest rate on the loan at 20% per annum for eighteen months and payment of a lump sum commission of 3% of the outstanding loan debt. In the regions, according to the borrowers, the level of fixation was lower - 17% per annum. After 18 months shall be re-floating rate. "Every customer who took a loan with a rate linked to Mosprime and because of the growth index had problems to make monthly payments, we are working on an individual basis. We have such an opportunity, because such loans in our portfolio are relatively few. Depending on the set of factors (the remainder of loan debt, solvency, financial condition, credit history, etc.) developed various solutions, including the transition to a fixed rate under the conditions that are possible in the current market situation. In this case, it should be noted that the funding for on-lending to Playing with a floating rate, was drawn by the bank rate, also tied to Mosprime. And our obligation to the creditors did not change the fact that the index had grown so large, "- commented a senior vice president of the bank DeltaCredit Laura Faynzilberg. According to her, at the stage of the bank to fully inform borrowers about the risks that bear a floating rate and the inability to predict the behavior of financial indexes in the long term. "By signing the credit agreements, such customers are aware of the pros and cons of the program," - she says. Meanwhile, one of the clients in late December sent a letter to the chairman of the bank DeltaCredit Sergei Ozerov with a request "to amend the loan agreement, setting a fixed rate mortgage loan in an amount not exceeding 14% in rubles." "When signing a credit agreement, as it now appears, one of its most important elements - the price of the service (ie interest rate), was intentionally not clarified to the end and not perceived by me and other borrowers. From the conditions of the loan agreement impossible to assess or predict the behavior of index 3m Mosprime. Moreover, beyond explanation or wording the contract remained a necessary and understandable information, as the essence of this index, the principles of its formation, stability and constancy "- emphasized in the letter.