How to respond to calls from scammers or what to do if banks refuse to provide a mortgage loan? Can banks take up to 60 percent for a loan, and MFOs up to 200 percent per year? Do citizens have the right to terminate the contract of compulsory insurance of civil liability of vehicle owners ahead of time? All these issues concern everyone who deals with finance.

How to avoid unpleasant incidents with banks and why it is extremely important to be financially literate, we were told by experts from Fingramota.kz

– I have recently applied to various banks – for a mortgage loan and for preferential car loans. I was refused in all banks, but the reasons are still unknown to me. My credit history is not spoiled, there is no tax debt, I am not in the register of debtors, pension savings arrive on time. Why have I been denied loans?

– There may be many reasons why a bank refuses a potential client to receive a loan. Among them:

– bad credit history, which reflects the customer's payment discipline. Current loan delinquencies and even unpaid fines or alimony arrears are the most common reasons for refusal;

– the absence of pension contributions or their insufficient level –

this may also raise doubts about the stability of the client's income;

– false information about yourself. If the loan application contains incorrect information about the borrower, the bank may regard this as an attempt at fraud;

– non-compliance with the bank's requirements. It is necessary to carefully read the terms of the bank and a specific loan, perhaps you do not fit any criteria;

– an inflated amount of the application. Pay attention to such criteria as the total amount of payments on all your loans. It should not exceed 50-60 percent of monthly earnings. If a loan has been requested, the servicing of which does not correspond to your current financial capabilities, the bank may refuse the loan until part of the current obligations is repaid or the income level increases;

– low score based on the results of scoring – an automated system for assessing the solvency of the borrower. Its results do not depend on the bank's employees and other third-party factors. The scoring system evaluates not only the borrower's income, but also other criteria necessary for issuing a loan, for example, the borrower's ability to repay the loan on time and in good faith, work experience, marital status, having children, how many times he received a rejection from creditors, can even evaluate which groups in social networks he subscribed to, and much more.

Different credit institutions have different requirements, and their own scoring system, the parameters of which are kept strictly secret from competitors and unscrupulous borrowers.

In accordance with Article 9 of the Civil Code of the Republic of Kazakhstan, in case of disagreement with the actions of banks, you have the right to apply to the court for the protection of your civil rights and interests.

In turn, we draw your attention to the fact that a loan is a big responsibility. Before making any loan, you need to carefully weigh all the pros and cons, analyzing your financial capabilities and assessing possible risks that may arise in the future.

– What is the size of the maximum rate set by credit institutions today? Can banks take up to 60 percent for a loan, and MFOs up to 200 percent per year?

– Currently, for bank loans provided by banks, the maximum marginal annual effective rate (hereinafter referred to as GESV) is 56 percent for unsecured bank loans; 40 percent for bank loans secured by collateral; 25 percent for residential mortgage loans.

For micro-loans provided by MFIs, the maximum amount of the GES is also 56 percent, while for micro-loans up to 45 days and no more than 50 monthly calculation indices, the maximum value of remuneration is no more than 25 percent of the amount of the micro-loan.

In order to limit the level of debt burden, the Agency is systematically working to reduce the marginal interest rates on consumer loans.

– I regularly check my credit history. I recently discovered that it contains false information. What should I do, how to fix it?

– It is necessary to check your personal credit report regularly, even for those who do not have loans or who have never taken them. Tracking your credit history is a kind of "insurance" against fraudsters.

In order to protect the rights of consumers of financial services and improve the credit history of borrowers, in April 2022, the Agency of the Republic of Kazakhstan for Regulation and Development of the Financial Market, together with the First Credit Bureau, launched a remote process of challenging information in the credit history.

The service for challenging incorrect information reflected in the credit history is provided free of charge, online.

It is possible to challenge the information contained in the personal credit report:

– if the current overdue payment is detected in the credit history;

– if there is a debt under a closed contract;

– when applying for a loan fraudulently to the applicant;

– if in the credit report the applicant saw a request for a credit history by an organization to which he did not give consent;

– when displaying incorrect information of personal data; in the absence of the status "rehabilitated" under credit contracts that meet the requirements of the rehabilitation rules.

If you do not agree with any critical information contained in the personal credit report, you have the right to contact the PKB: write a statement challenging the information (submitted via the website www.fingramota.kz , you need to specify your data in a special form: IIN and phone number), as well as in the State Security Committee with a statement challenging the information (form the application is posted on the GKB website https://www.mkb.kz in the section "How to challenge information").

To challenge the information in the credit history on the website www.fingramota .kz must have an up-to-date personal credit report received no later than 15 days before the date of filing the challenge.

You can request it from credit bureaus:

– in the SCB – by contacting through the website mkb.kz . A personal credit report is provided by SCB free of charge and without restrictions on the number of reports issued.

– in the PCB – through portals www.1cb.kz , e-government egov.kz, as well as in the public service centers (PSC) at the place of residence or in the branches of JSC "Kazpost". A personal credit report is also provided by the PKB free of charge.

In accordance with the legislation, a citizen of the Republic of Kazakhstan has the right to receive his full credit history once a year for free.

The status of the application for challenging information in the credit history can be tracked:

– via the corporate WhatsApp chat of the State Security Committee: + 7(701) 485 08 34;

– in your personal account on the PKB portal.

– I often get calls from scammers. Mainly on online bank loans. They can call and say: "you applied for a loan through the bank's mobile application," etc. Is there any possibility at all for bank customers to set the status at the request of customers - "do not consider applications for loans and online loans"?

– On the website of the First Credit Bureau LLP (hereinafter referred to as PKB), the Stop Credit service operates, which is paid. This service allows an individual to restrict access to their credit report for financial organizations. Subscription to the service additionally guarantees notification of financial organizations about the voluntary unwillingness of the subject to apply for a loan.

Subscription advantages: the ability to protect yourself from credit fraudsters or in the event of your long-term departure from the country; a way to notify creditors about the unwillingness of the subject to apply for a loan in any organization; the ability to block and unblock access to the credit report online.

The service limits the possibility of obtaining a loan as much as possible, but does not fully guarantee non-issuance of a loan. "Stop Credit" guarantees the non-submission of a credit report from the PKB to financial organizations in which the subject does not have a valid loan at the time of subscription.

– When registering a phone number and linking it to a bank card, I faced the problem of passing an identification check when registering in mobile banking applications. I can't pass the video check, in the program this operation is performed from the front camera of the phone, but my image on the front camera is blurry. What to do?

– The provision of electronic banking services by banks is carried out in accordance with the security procedures established by the internal documents of banks to protect against unauthorized access to customer information constituting a banking secret and to protect against fraudulent actions by third parties.

According to the Law on Banks, a bank is a legal entity that is a commercial organization that, in accordance with the Law on Banks, is authorized to carry out banking activities.

Paragraph 16 of the Rules for the Provision of Electronic Services provides that electronic payment services are provided to individuals using one of the following identification methods: electronic digital signature, dynamic identification, biometric identification or a unique user identifier and password.

Biometric identification is a procedure for establishing the identity of a client in order to unambiguously confirm his rights to receive electronic banking services based on his physiological and biological characteristics.

The video image of the client obtained from a video conference session or using the technology of detecting the movement of the interviewee in the process of remote identification, the bank transmits to the identification data exchange Center (IDC), which already by means of software determines the degree of its compliance with biometric indicators with the photo image of the client.

Thus, if your image is incorrect, remote identification problems may arise.

According to paragraph 22-3 of the Rules for the Provision of Electronic Services, on the basis of the client's consent to the collection, processing, storage and presentation, including, if necessary, to third parties, of his personal data, confirmed by means of an identification means, the bank conducts a videoconference session with the client using the devices available to the client and (or) other devices of the bank, or uses technology for detecting the client's movement. The content of the videoconference session (a list of control questions, if any), as well as the list and scope of services provided by banks for remote identification of customers, are set by the banks themselves.

In accordance with the requirements of paragraph 3 of Article 7 of the Law on Banks and Article 9 of the Law of the Republic of Kazakhstan "On State Regulation, Control and Supervision of the Financial Market and financial Organizations", state bodies, including the Agency, have no right to interfere in the activities of the bank, except in cases expressly provided for by the legislation of the Republic of Kazakhstan.

If you do not have the technical capabilities to obtain banking services remotely, you can always get them with direct participation in the bank. In addition, if you are dissatisfied with the services of one bank, you have the right to choose another bank and become its client. At the same time, according to the legislation, relations between banks and their clients are carried out on the basis of contracts and coercion to conclude a contract is not allowed. After choosing a servicing bank and concluding a contract with it, you confirm that you have read and agree to the terms of service and provision of electronic banking services. Therefore, carefully read the terms of the contract before signing it!

– Can I prematurely terminate the contract of compulsory insurance of civil liability of vehicle owners?

– In accordance with paragraph 1 of Article 15 of the Law of the Republic of Kazakhstan "On Compulsory Insurance of Civil Liability of Vehicle Owners" (hereinafter - the Law), the contract of compulsory liability insurance of vehicle owners (hereinafter – the Contract) is terminated prematurely in cases established by the Civil Code of the Republic of Kazakhstan (hereinafter – the Civil Code).

Paragraph 1 of Article 841 of the Civil Code provides that, in addition to the general grounds for termination of obligations, the insurance contract is terminated prematurely in the following cases:

1) when the insurance object ceased to exist;

2) the death of the insured, who is not the policyholder, when his replacement has not occurred;

3) alienation by the policyholder of the property insurance object, if the insurer objects to the replacement of the policyholder, and the contract or legislative acts of the Republic of Kazakhstan do not establish otherwise;

4) termination of entrepreneurial activity in accordance with the established procedure by the policyholder who insured his entrepreneurial risk or civil liability related to this activity;

5) when the possibility of an insured event has disappeared and the existence of the insured risk has ceased due to circumstances other than the insured event;

6) the entry into legal force of a court decision on compulsory liquidation (on compulsory termination of activity) of an insurer, the adoption of a decision by an authorized state body to revoke the license of a branch of an insurance (reinsurance) non-resident organization of the Republic of Kazakhstan, with the exception of cases provided for by the Law of the Republic of Kazakhstan "On Insurance Activity";

8) changes in the terms and information included in the insurance policy issued by the insurer in accordance with the procedure provided for by the legislative acts of the Republic of Kazakhstan;

9) in cases stipulated by the Law of the Republic of Kazakhstan "On insurance activity".

In these cases, the contract is considered terminated from the moment of occurrence of the circumstance provided as the basis for termination of the contract, about which the interested party must immediately notify the other.

In this case, the policyholder has the right to cancel the insurance contract at any time. In case of early termination of the insurance contract due to the circumstances stipulated by the Civil Code, the insurer is entitled to a part of the insurance premium in proportion to the time during which the insurance was valid.

If the policyholder withdraws from the contract, unless this is due to the circumstances specified in paragraph 1 of Article 841 of the Civil Code, the insurance premium or insurance premiums paid to the insurer are not refundable, unless otherwise provided by the contract.

Postfactum.kz from Fingramota.kz