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Good afternoon I repaid a car loan at Aimani Bank (Kirov branch) and received a certificate of full loan repayment on 10/25/2016. The problem is that the bank does not issue PTS. According to the information received from the hotline operator, the issuance of PTS has been temporarily suspended by the temporary administration of Aimani Bank. Tell me what to do in such a situation? There is an idea to send an application for the issuance of a title, by registered mail with acknowledgment of receipt, to the temporary administration of Aimani Bank. Is it correct? Advise what to write in the application? Thank you.

Hello Ella! In accordance with Article 20 of Federal Law No. 395-1 “On Banks and Banking Activities”, upon revocation of a license, the bank shall return to the clients of the credit institution their securities and other property accepted and (or) acquired by the credit institution at their expense under storage agreements. Considering that you have fully fulfilled your debt obligations to the bank, your vehicle passport (VTA), which is completely your property and does not act as collateral for the loan, must be returned in accordance with the terms of the loan agreement.

To put it more simply, all of the above, then after paying off the loan, your PTS is another property of the client of the credit institution, which was transferred under a storage agreement, and was also purchased for your money. That is, it must be returned within the terms specified in your loan agreement, since it remains fully valid until all obligations under it are fully fulfilled by each party to the transaction.

As for the claim, it should be sent to the temporary administration of AiMoneyBank. It is compiled in free form with a consistent indication:

Whose name and address. Here you can simply write to the Provisional Administration of LLC CB "AyMoneyBank". Address: st. Vyborgskaya, 16, building 2, Moscow, 125212.

From whom. Write your full name and registration address.

The word Claim.

The following is a detailed description of the essence of the claim. For example, between me (your full name) and a bank (name of a credit institution with a form of ownership), a loan agreement No. ___ dated ___ was concluded. As security for the loan, I transferred the vehicle passport (PTS) to the bank for safekeeping, in connection with which an agreement (addition to the loan agreement, etc.) No. ___ was drawn up.

On such and such date, I fully fulfilled all obligations under the loan agreement, paying the entire amount of the debt, including accrued interest for the use of borrowed funds. As confirmation of this fact, I received a certificate from the bank (No. ___ from ___) on the full repayment of the loan.

In connection with the full and timely fulfillment of my obligations, I ask the bank, in accordance with paragraph ___ of the loan agreement (if the conditions for the return of the TCP are described), to return the TCP within the prescribed time frame.

The answer, in accordance with Article 22 of the Federal Law No. 2300-1 of 02/07/1992 "On the Protection of Consumer Rights", please send within ten days after receiving the claim to the address: ___. Also please notify by phone: ___

This is only an approximate version, which you can add nuances with details (dates, document numbers, phone numbers, full names of employees, etc.).

Set the compilation date.

Your signature, surname and initials.

The word "Appendices" and make a list of copies of documents that will be attached to the claim. In your case, this is at least a copy of the certificate of no debt to the bank.

The next steps you may be required to take will depend on the response to your complaint.

Answered by: Victoria Loginova, legal adviser of ZanimayOnline.ru.

Any borrower who receives a car loan is faced with the fact that the bank requires that the title be deposited after the purchase. For many, this requirement causes bewilderment and rejection, since the car seems to become “not their own”, although the sales contract has already been signed. You need to know the rights of the borrowers and the bank, and it is also worth understanding why the PTS bank takes the car for a loan, and what obligations this imposes on the participants in the transaction.

Why is PTS withdrawn?

Auto lawyers are often asked whether the title is taken away when applying for a car loan, and how this requirement of banks is legal. The fact is that a car loan is a secured loan that requires the transfer of collateral, which is a car, to the bank. If a TCP is taken away during a car loan, this is an additional guarantee for the bank that the car will not be resold, and if necessary, it can be withdrawn.

Because of this, customers are concerned about how safe it is to leave the document for several years. Some are afraid that employees will want to resell the car on their own, others are afraid for the safety of their property. There is no reason for concern, the bank in its work is guided by several inviolable rules:

1. When the client transfers the document to the bank, an act of acceptance and transfer must be drawn up. However, a copy of this document will necessarily be kept by the borrower, therefore, after payment, he can and should demand the TCP back.
2. Any financial institution must ensure the safety of the documents transferred for storage: they are subject to strict accountability, and the vehicle passport cannot simply be picked up and resold.
3. After the transaction concluded in the car dealership, the client becomes the owner of the car. The bank only accepts property as collateral, but it does not receive the rights of the owner. You can withdraw a car for resale only after a court decision, of which the borrower must be notified.

This suggests that no one can simply come and take away the car, even if it is listed as a pledge. In practice, even with large non-payments, banks rarely bring the matter to resale. It involves a lot of trouble, and the financial institution will try to find some other option, such as restructuring the loan.

Does the bank take PTS with a car loan received at a car dealership? Yes, even if you take a car loan through an affiliate program, the bank still provides the money, and it must be sure of the safety of the collateral. Interest-free credit and installment plan, which are offered in the salons, still involve contacting the bank, and it is there that the document for the car will be stored when paying off the car loan.

Is it possible to get a car loan without transferring the TCP?

Most banks oblige customers to transfer the title to storage in the shortest possible time: usually only 10 days are allotted to register the car and give the document to a financial institution. If the client does not do this, he will face heavy fines, which will have to be paid for each day of delay. The bank puts forward such requirements, since the risk of illegal resale of the car is high, and there are quite a lot of such cases today.

However, you can give a whole list of banks that provide loans without taking the TCP. This is one of the ways to attract customers, as many experience psychological discomfort from the need to transfer documents to their favorite car for many years of storage.

However, the TCP in the hands of the client is just a marketing ploy, this does not release the client from the pledge agreement. If there are delays and non-payments, the car will still be seized and put up for auction, and then you will have to part with the TCP.

Car loans without the transfer of the title are not a reliable transaction, so it will always cost more. The borrower will have to decide whether he is ready to pay more just for the feeling of psychological comfort, not supported by any real benefits of such lending. However, such programs exist in some commercial banks, and they will not cease to be in demand.

In which banks can I get a car loan without transferring the TCP?

Central financial institutions do not work with such programs: they do not need to additionally attract customers using marketing tricks. Such a benefit is usually provided by commercial organizations, in which interest rates for any type of car loans will be higher. Some examples of such programs:

• One of the options for such lending is provided by Russian Standard. A loan here is provided for a very small amount - 450,000 rubles, the rate is 23.5% per annum.

Interest is charged on the remaining loan amount according to a differentiated scheme, so it is easier for the borrower to calculate the payment schedule on a special calculator. It turns out that the rate here is even higher than for consumer loans due to the unreliability of loans.

• Another loan solution is offered by Alfa-Bank. Here you can get a car loan at a rate of 12 to 22.5% per annum, and you won’t have to deposit your title deed.

Lending applies to new cars and used foreign cars purchased at car dealerships. The first installment on this loan will be 10%, and the maximum amount can reach 5.6 million euros.

• Home Credit Bank also does not require the provision of TCP. Here, a loan of up to 500 thousand is issued for the purchase of any vehicles.

These are both new and used cars of any brands, a loan can be taken for 5 years. No down payment is required, and here you can get a loan without insurance. The rate is 23.9% per annum.

Thus, if the TCP is not transferred to the bank, the borrower will be required to pay a lot of money to repay the loan. Moreover, these expenses will turn out to be completely unjustified: the fact that the TCP remains in the bank will not violate the rights of the borrower, and if the loan is paid on time, it will not be difficult to pick up the document for the car on time. Do not be afraid of bank requirements, a classic car loan is still the most reliable transaction option.

A car loan is a loan that is issued against the security of a purchased car, so the borrower does not have the right to sell or rent a vehicle without the permission of a financial institution. In order to protect itself, the bank providing auto loan, PTS withdraws from the borrower until the loan is repaid. We will tell you below about whether all financial institutions take PTS with a car loan or whether there are exceptions on the market, as well as about the procedure for returning a passport by a financial institution.

Until 2014, in the event that a car loan was issued for a car, the PTS for the bank was almost the only guarantee that the debtor would not sell the pledged car, so the original of this document was kept by the lender. Over the past few years, financial institutions have had the opportunity to add a client’s car to the register of collateral cars and reduce the likelihood of its sale to a minimum, but banks still try not to hand over titles to debtors.

The period during which the client must transfer this document to the bank is set in the loan agreement. For example, Raiffeisenbank and KB Vostochny expect the transfer of the PTS within a month, and VTB 24 and Plus Bank within 10 days from the date of the loan.

How to keep your title when buying a car loan

A client who cares whether the bank takes the PTS with a car loan can apply for a loan from a financial institution that requires only a copy of the technical passport. But literally several financial institutions on the market operate under such conditions: for example, Sviaz-Bank.

In addition, some banks that provide a loan for the purchase of a car, PTS cars are ready to leave a car to the client for a premium on the interest rate. For example, Vostochny Express Bank OJSC, having not received the original technical equipment passport within a month from the date of issuance of the loan, automatically raises the car loan rate to 31% per annum.

Debtors transfer title to the lender when buying a car on credit within the time specified by the agreement in order to avoid the fines that the bank charges for violation of this obligation. For example, Plus Bank charges a fine of 100 rubles for each day of delay.

Despite the fact that the bank takes the title for a car loan, in some cases the client may temporarily receive this document "in hand". For example, Cetelem Bank is ready to provide a client with a similar service in "exceptional cases", providing a "passport" to the client for up to a week. Plus, the Bank temporarily issues a PTS on a paid basis (for 700 rubles) - on the basis of a written application and not earlier than 10 days after receiving the request.

How to return when you repaid the loan, PTS auto

A borrower who has fully repaid a car loan can only pick up the TCP from the bank in person - according to his passport. The terms and procedure for returning a document in each financial institution are different, but before visiting the bank, you should leave a corresponding application by phone or via e-mail. For example, Bystrobank returns the TCP to the client without a preliminary application only when contacting the head office.

You should not plan a deal to sell a car the very next day after paying off the debt to the bank. The procedure for returning the TCP is often delayed, and this should be taken into account by each borrower, especially if he paid off the car loan ahead of schedule.

But if he is detained for a longer period, then the financial institution may impose penalties for each day of missing the deadline - an average of about 500 rubles every day. It should be noted that in contractual obligations, a provision is established on the recovery of intangible obligations upon violation and sanctions are established. The fact of failure to fulfill the obligation to return the document is established by sending a notice to the borrower's registration address. But such actions are not mandatory, since it is not the responsibility of the bank to remind the owner of the car about the return of the documentation. Long-term experience of car borrowers shows that a credit institution may not require a passport back if the loan installments are made for a significant period without delay. Therefore, TCP can be left until the first non-payment. Sometimes a passport may be required to sell a mortgaged car.

Legal advice: what to do when the bank sold the debt to collectors?

Attention

So, only communicate with the bank in writing, everything that you send to them, put a mark that the document has been accepted. You can write an application for a refund to the bailiff, but the money will not be returned to you.

Info

In general, it is necessary to understand in this situation why there is no data on the bank account number in the writ of execution. For now, write a letter to the bank asking them to inform you about your debts, and then you need to go to the bailiffs with this letter.

If you still have questions, write. I will be glad to help you. Olga (10/26/2013 at 19:33:25) Oksana, sorry, one more question: if the bank answers in a letter that there is no debt to the bank, and the loan has been sold to a collector, it will indicate the name of the KA, what should the bailiff do? She claims that she only needs a certificate that there is no debt.

On what basis did the bank transfer the title of the car to collectors?

Important

Do you have an answer to this question? You can leave it by clicking on the Reply button. But I was told about this in ROSBANK, namely, your PTS is located at KA MORGAN AND STOUT question number No. 2057586

• Pavel, hello! When you take out a car loan, you write an application in which you undertake to transfer the TCP to the bank (usually within five days). You passed it on. Further, allegedly, the right to claim your debt was assigned to a certain LLC (which is illegal, and Rospotrebnadzor has already warned about this, namely, AKB Rosbank).

If the assignment of the right of claim is carried out, then you must be notified of this in writing, providing an assignment agreement. You have the right to demand from LLC (so-called collectors) the original or a duly certified copy of this agreement. They are required to prove that an assignment agreement has been concluded.

Sale of debt after the court: is it possible?

If the borrower has fulfilled all obligations to repay the loan, determined by the provisions of the agreement, and also notified the bank in advance of the early repayment of the amount, then the lender is not entitled to illegally retain the document. In such a situation, it is possible to bring legal claims against the financial institution for illegal actions.
How to leave the title to the owner when applying for a car loan The status of the vehicle passport, as an intangible obligation of the borrower to a banking organization, in reality practically does not provide them. It's more of a psychological measure. As a fraud prevention, it has little effect.
After all, the bank, in fact, does not care who owns the car. In case of problems, he will resort to legal prosecution, according to a court decision, the car will be seized in favor of the initiator, regardless of where it is located.

Can a bank sell debt to debt collectors?

Forum 5 033 Discuss Questions 532 940 Ask Participants 437 713 Join Lawyers 9 945 Watch Free legal advice Along with the topic "Morgan and Stout" also search: The bank transferred my debt to KA Morgan & Stout, they didn’t provide me with any documents confirming that my debt was bought by KA, they call and threaten to demand to sell the car to the TCP, they refuse to return it. How can I take the title from them? Is it legal that they keep the document with them? issue number #2057534 read 221 times

• Paul! The bank could not transfer title to collectors.

  Pay for the answer Continue the dialogue WITH RESPECT ATTORNEY TORCHIGIN DMITRY SERGEEVICHwww.advokat-t.ru tel.

How to pick up the TCP from the bank after repaying the loan

This is the most negative procedure of all named, as it has unpleasant consequences for both the lender and the borrower. When the loan holder stops making monthly payments, the other party has the right to take legal action.

According to his decision, the car is subject to confiscation and sent to the penalty area. In the future, an auction is announced, at which anyone can purchase it at a price lower than the market price by 20-30%.

In addition to significant losses in funds, the car owner receives a bad credit history and is obliged to pay legal costs, late payment interest, FSSP interest, fine site service and income tax. The amount from the sale can sometimes cover no more than 30% of the value of debt obligations.
The rest will have to be paid on your own. The main advantage of this procedure is the speed of its implementation.

not found

Good afternoon. If you're interested, I'll tell you how it was for me. I took out a car loan, paid as the bulk, first on time, then not on time, then stopped paying at all.
I went to the bank for a good talk, they say, like a snowball, penalties and interest are accumulating, and in general, I have been paying you for the maintenance of a loan account for 4 years, when it was canceled. In short, they did not want to talk, they say sue. Well, I went. She filed without lawyers and lawyers. And the court awarded me, saying that the bank should return 40 thousand for maintaining the account. And by this time I had a principal debt of 80 thousand and a penalty for late payments for all years of 90 thousand. Here good people tell me. Now these 40 thousand won by the court will not be written off from the main debt, but from the fine of 90 thousand. And there will be a lump again, you don’t go around these offices, stupid pawns are sitting there, go to the bank manager, ask at least to be written off in half.

Can a car be taken away for non-payment of a loan?

The most unpleasant moment for the borrower is if the proceeds from the sale of funds are not enough to repay the principal debt. Then the borrower will be left without a car and at the same time still owe the bank.

He will have to continue to pay on a loan for a car that he no longer uses. This procedure has another disadvantage. Until the car is sold and the principal debt is not repaid, the amount of fines and penalties accrued will continue to grow.

What to do if the car was taken away? A borrower who has lost his car for debts has several options. Option 1. Agree on the provision of installment payments with the bank. This option is possible if the borrower has already proven himself to the best in front of the bank and regularly paid on a car loan for a long time.

The presence in the agreement of the relevant provision cannot serve as a basis for signing such an act. At the same time, the bank must submit a photocopy of the PTS, certified by the institution, with a note on its transfer to safekeeping.

What you need to do to get a PTS at the bank There are two situations when you can pick up your passport:

1. Before repayment of the loan;
2. After repayment of loan obligations.

Until the repayment of borrowed funds To do this, you will need to draw up a reasoned statement indicating a good reason. Title will be issued for a certain time, to carry out the necessary registration actions with the car in the traffic police. After that, it must be returned to the banking organization. Different banks can issue a passport for different periods up to 15 days.
Above, we explained that under such circumstances, no one needs to pay anything, because it has not been proven whether your bank really sold the debt to collectors. What to do next? You can just wait patiently, and after 3 years from the moment, according to the debt collector, you will be able to file a claim to write off the debt by the statute of limitations. But this does not mean that one should specifically "evade" one's obligations, although, on the other hand, who prevented claimants from proving their rights and powers legally? And yet such courts are most often won by creditors. We do not recommend you go to the trick.

How can the bailiff return the title after the sale by the bank to collectors

PTS in VTB remains until the client repays his obligations to the credit institution. The right to keep the passport until the car loan debt is paid off is established by bank documentation.

Features of bank car loans: legislative basis for the withdrawal of TCP

Civil law does not provide that the vehicle passport must be kept in a credit institution. However, often banks, including VTB, indicate in the loan agreement that the documents for the car will be held until the debt is closed.

In this case, the banking organization is not guided by the letter of the law, but establishes the rights and obligations of the contract. In accordance with Art. 421 of the Civil Code of the Russian Federation, the parties have freedom of contract and the right to conclude a contract on any terms that do not contradict the current legislation.

Is it possible to keep the TCP for car loans?

Theoretically, the client has the right to keep the passport at home. However, if the bank, for example, establishes an obligation to transfer the TCP to safekeeping, it is better not to challenge these contractual terms anyway.

A credit institution will either not sign a contract on your terms, or the interest on a car loan will be very high.

Do not be afraid of this condition. The fact that the document is not kept by the owner cannot harm the client in any way. The bank has no right to sell or lease your vehicle. And if you urgently need a TCP, you can always get it, subject to certain conditions.

How to pick up PTS at the bank?

As a general rule, the client can return the passport back in case of full repayment of the loan, and in some situations before the repayment of the loan obligation. Let's consider these cases in more detail.

Withdrawal of TCP from the bank after repayment of the loan

The question of how to pick up the TCP from VTB 24 after repaying the loan, as a rule, does not arise. In this case, you need to follow the following algorithm:

• apply to VTB by phone or in person with an application for the return of the TCP;
• come to the office at the time specified by the employees and pick up the documents.

On the official website of VTB there is an online service with which you can remotely sign up to receive documents.

However, when returning money to a card or account, there may be a delay in the transfer. Then a situation arises when the client has already repaid the loan and has the right to return the TCP, and, for example, VTB 24 has not yet received these funds or has not taken them into account in the accounting documentation.

In this case, to reduce the waiting period, you must contact a VTB employee with a statement. If the process of issuing a passport is delayed, you can write a claim to VTB.

When the claim procedure does not give the desired results, the client can always file a lawsuit.

Early repayment of the loan and the issuance of PTS

The problem of returning a passport is related to the issues of early repayment of a loan obligation. If, for example, VTB recognizes the early repayment of a car loan as legitimate, then it will not be difficult to return the vehicle passport.

In order for early payment to be counted, it is necessary to agree on all the conditions with an employee of the organization. A VTB specialist will provide a full calculation of the amount of the remaining loan. After paying the missing amount, the client is given the appropriate paper, which states that there is no debt.

It is the document on the full payment that serves as the basis for issuing a passport for the car back to the owner.

Can someone else pay the loan for me?

Banking laws and regulations, including VTB 24, do not prevent another person other than the borrower from closing the loan. For this you need:

• apply to VTB with a passport;
• specify the details of the car loan;
• name the payment amount.

If everything is done correctly, the loan will be considered repaid, and the title can be freely taken from VTB.

How to pick up the TCP in the bank before repaying the loan?

In practice, a situation may arise when the owner of the property needs to return the title before the debt is closed. In this scenario, you need to contact the bank with a request to return the passport for a certain time. As a rule, such a statement indicates the number of days for which the owner needs a document.

Be sure to indicate the reason for the withdrawal of the TCP, if the debt obligation has not yet been repaid!

Whether the reason for which the passport is necessary for the owner is valid is assessed by the credit institution. The table provides a list of good and bad reasons according to VTB employees.

good reasons	Bad reasons
an insured event occurred that resulted in the loss of the car	The vehicle suffered minor damage as a result of the accident and requires routine repairs.
there is a traffic police certificate stating that a change of state signs is required	change of characters is not supported by supporting documents
change of name or place of registration of the owner	it is only planned to change the surname, a new passport has not yet been received
the bank authorized the sale of a car that is in pledge	the owner without notifying the credit institution plans to re-register the car to another person