I did not take the credit, but I am required a debt of my namesake
When unreliable debtors avoid the payment of debt, we refer to the Interior Ministry with a request to provide information about them. Unfortunately, mistakes can happen, for example, contact information of debtor’s namesake is provided.
If you are involved in such situation, you need to tell our operator that you are not a debtor. In turn, the operator will ask you to provide a proof of your identity (for example, a copy of the first page of the passport). And if the presented document confirms that you are not the debtor, your contacts will be erased from our databases.
A copy of the document confirming your identity, you can provide in a convenient way for you, for example:
- By mail (address can be learned from the operator)
- Send an e-mail to inspector@ccg.ua
- In our office (at the appointed time).
Immediately after the check, your presented copy (scanned document) will be erased.
Once again we apologize for any potential errors.
What does threaten me, if I do not pay the loan?
The implications of this decision will quite complicate your life:
First, you can not go abroad. Moreover, the impossibility to leave the Ukraine you will find at the airport or border post. Lists of defaulters are transferred to the State Frontier Service by public performers.
Secondly, your debt can be sold to the third party. Once this happens, contact with the original creditor has no effect on the outcome of the case. The amount of such resales are not limited, that only complicates the process of reaching consensus with creditors.
Third, due to the presence of outstanding financial obligations, you can not be employed. The labor market is oversaturated, and people without debt are more likely to get a job at a big company. Security service of large organizations usually check the credit history of applicants - for them the information on the absence of loans from as important as information about a criminal record.
Fourth, you'll never be able to take a credit. Your credit history will be transferred to the international credit bureau and will be stored there for years - as long as the loan is not repaid by you and the bank has a reason to update your credit history.
Fifth, every day of arrears you will be accrued penalties and interest. Their size is determined only by loan agreement, no other restrictions are provided in the law on the debt of individuals, and that is specified in the contract is lawfully. Over time, the amount of such charges can greatly exceed the body of the loan - it is necessary to remember it and repay your loan as soon as possible.
Sixth, in the case of nonpayment of debt, you will find the proceedings and seizure. Expiry of the period of limitation does not play a role - for its prolongation Bank can file a case in writing and pay a 1% fee. One of the main misconceptions of debtor is the belief that the bank will eventually write off his debt - but writing off the debt, the bank transfers the right to his claim to the third party (collection company), which in the case of repudiate to repay the debt by debtor, may refer the matter to the court. After the crisis in Ukraine, as in many other countries, the procedure of issuing judgments on bank debt has been greatly simplified - data exchange takes place via the Internet, and obtaining of decision takes 1 day.
Do not think that public performers are entitled to arrest only the mortgaged property – according to the law, they can arrest and seize any property of a debtor.
As you can see, the debt crippling many aspects of the debtor - so it is worth to weigh up all of the above, and as soon as possible to close the issue of debt - as the time in this case is against you.
I did not take the credit and do not understand what the matter concerns, I lost my passport
In this case, you should submit a document confirming that the passport is lost - a police certificate of residence. If you have been really stolen the passport, then you are obliged to turn to the Supreme Court of Ukraine with the appropriate application, as per active legislation.
I have the evidence that a loan was issued by fraud – by third party. For example, there is a statement submitted to the Interior Ministry, investigation process has been initiated either by the Interior Ministry or court.
If the investigation is in progress, you should take a copy of the criminal complaint from the ATS and send it to us by fax.
If your case has already been in the court, you are legally entitled to view the case papers and copy them which we need as proof of your innocence.
I took the credit not for myself (for a neighbor, relatives, an employer).
If the loan was issued in your name, primarily you are responsible for its execution. From a legal point of view you take the credit for yourself, and the contract is signed by you. A verbal agreement with a third party for whom you took a loan, does not mean a legal right to transfer responsibility for the fulfillment of credit obligations.
I have not received the goods on which the credit has been issued. For example, the goods are not received at all, the store moved out or if you returned the product to the store.
When you take goods on credit, there are two contracts:
• Between the Bank and the Debtor – Credit Agreement
• Between the Debtor and the Store - the Sales Contract.
The Bank complied with its obligations and as per your instructions it transferred the money to the store.
The second contract is a Sales Contract, and the parties under this Agreement are only the Store and You, the Bank is not a party to that Agreement, and therefore, it does not hold responsibility in cases when you have returned the goods, or the goods have not been provided to you.
If you have not been provided with goods, you are entitled to claim money from the store, transferred by the bank, because since the money is yours.
If you returned the goods you can claim money from the store, but remember: the Bank met its obligations (the body and%) under the Credit Agreement and you are obliged to repay the credit to the Bank regardless of whether the store returned you the money or not.
I have not received a Credit Agreement and do not know its terms and conditions.
Before you sign a contract, you should read it. Every Credit Agreement states the following:
This Agreement is drawn up in two copies, one copy for each party. Even if you have not received a copy of the Agreement on the date it is signed, you may apply at any time to any branch of the Bank requesting the Bank to provide you with a copy of the document.
I have an unsecured loan, and I think that I do not bear any responsibility. For example, I took the goods, it is pledged, and you can take it away.
When you take the goods on credit, there are two contracts:
• Between the Bank and the Debtor - Credit Agreement
• Between the Debtor and the Store - the Sales Contract.
The Bank complied with its obligations and as per your instructions the bank transferred the money to the store.
The second contract is the Sales Contract, and the parties under this Agreement are only the shop and you, the Bank is not a party to that Agreement, and therefore does not hold responsibility in case when you have returned the goods.
If you returned the product, ask refunding from the Store, but remember: the Bank fulfilled its obligations (the body and%) under the Credit Agreement and you are obliged to repay the Bank regardless of whether the store returned you the money or not.
As a physical person you are responsible for all obligations you undertook - according to the Civil Code of Ukraine. In our turn, we will submit to the court a writ of security for a claim. Court will seize your property, according to the article 152 of the Civil Procedural Code of Ukraine.
I have fully paid the amount of the Credit Agreement, and I do not recognize the penalty provisions.
According to the Article 611 of the Civil Code of Ukraine, in case of breach of commitments (including the late payment of monthly installments), the Debtor must pay the Creditor a penalty. Besides, if you fail to pay on time, e.g., you have 3-month delay in payment and then began to pay - for these 3 months you have been charged a penalty. Therefore, as per article 534 of the Civil Code for the 4th month, after you resumed payments, your payments were used for the repayment of penalty provisions assessed for 3 months of delay. Thus your opinion is wrong that the principal sum is repaid completely: you have the principal to be paid as well.
I refuse to pay the credit debt, because I was sick, got into an accident, became insolvent, etc.
Article 617 of the Civil Code of Ukraine. Grounds for exemption from liability for breach of commitments:
A person who has violated his obligations is exempt from liability for breach of commitments if he proves that the violation occurred as a result of an accident or force majeure circumstances.
It is not considered as a case, in particular, the breach of commitments by the Contracting party of the Debtor, the absence of goods on the market required to fulfill the commitment or when the Debtor does not have the sufficient funds.
I am the Guarantor, and do not want to pay money because the Debtor is safe and sound, so let him pay himself.
The essence of the guarantee lies in the fact that the Guarantor, regardless of his wishes or welfare of the Debtor, is obliged to be responsible to the Creditor for the default of the Debtor. Guarantor carries out commitments to the Debtor’s Creditor and becomes a Debtor as per Agreement.
The meaning of the guarantee is that in the event of failure of the Debtor to repay the debt to the Bank, the Guarantor will be responsible to ensure payment of the debt. The Guarantor should repay, because he bears full responsibility as per the Credit Agreement.
Part of my debt has been purchased by collection company. My question is can collectors purchase the principal and interest components separately?
Active legislation of Ukraine provides for possibility to assign debt claims but does not give details on how this right of claim should concern the main obligation, interests and penalty - jointly or separately. Therefore, the primary Creditor has a right to assign claim as per all above components of money liabilities either jointly or separately.
How can we know the status of proceeding concerning the loan agreement?
The status of proceeding concerning the loan agreement you can specify as follows:
- Call the contact number listed in the SMS;
- Send a request via the feedback;
- Send an e-mail to: inspector@ccg.ua.
We also inform you that the department of control the quality operates in CCG, which analyzes the comments on the quality of service of the staff CCG. Substantiated complaints about the members of CCG can be sent via the feedback on the site of CCG, indicating the department of control the quality of services as a recipient.
