Елена Самтынова
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По итогам мониторинга реализации кредитными организациями мер по ограничению экономических последствий распространения COVID-19 регулятор рекомендует кредиторам одновременно с уведомлением заемщика об отказе в удовлетворении его требования об изменении условий такого договора, предусматривающего приостановление исполнения заемщиком своих обязательств в соответствии с ч. 11 ст. 6 Федерального закона от 3 апреля 2020 г. № 106-ФЗ, направлять заемщикам информацию о причинах такого отказа способом, предусмотренным договором, в том числе по телефону (Информационное письмо Банка России от 28 мая 2020 г. № ИН-06-59/93 «О реализации кредиторами программ реструктуризации кредитов (займов)).
Кроме того, Банк России советует кредиторам при осуществлении реструктуризации задолженности по кредитным договорам руководствоваться следующими подходами:
обращение заемщика об изменении условий кредитного договора (договора займа) рассматривать в срок не более 5 дней со дня поступления обращения. Соответственно, в этот же срок информировать заемщика о результатах рассмотрения; если принято решение об удовлетворении заявления об изменении условий кредитного договора – осуществить изменение кредитного договора со дня направления заемщиком соответствующего обращения кредитору, если иная дата не определена заемщиком; если принято решение об удовлетворении обращения заемщика об изменении условий кредитного договора – не начислять с учетом измененных условий неустойку (штраф, пени) за неисполнение или ненадлежащее исполнение заемщиком обязательств по возврату кредита и (или) уплате процентов на сумму кредита (займа) в период рассмотрения обращения; в случае принятия решения об отказе в удовлетворении обращения заемщика об изменении условий кредитного договора направлять заемщику информацию о причинах такого отказа по телефону, указанному заемщиком, посредством электронной почты, через личный кабинет либо иным способом, предусмотренным договором.
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