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Introduction...
Dealing with collectors is not a pleasant experience. Many of them are rude on the phone, threaten the debtor or his relatives with a court or physical violence, and refuse to provide information about themselves. The released law "On Collectors" defines the limits of the powers of collectors, and if earlier the borrower could only appeal to the Civil or Criminal Code, now he can refer to the specific provisions of the new legal document.
actually collection agencies that are engaged in buying up debts from financial institutions and trying to collect money from payers;
Bank security services that call the client to scare him and motivate him to start making payments as soon as possible.
It should be noted that the law restricts the rights of both collectors and bank employees, and everything said below can be attributed to both categories. The only difference is that the security service acquires the right to call the payer and remind him of the loan the very next day after the delay, and collectors only after acquiring the right to collect the debt from the bank.
It's one thing when collectors call a real debtor who made a delay for one reason or another. In this case, we can say that he deserves the call. But it's another matter if they start.
A person who has not personally taken any loan may be called and demanded the collection of a debt on completely legal grounds. only in three cases:
1. If you are the heir of the debtor.
At the same time, at least 6 months must have passed since the death of the borrower, and you must accept the inheritance. During these 6 months, neither the bank nor collectors can charge interest, since the loan formally does not belong to anyone during this time.
2. If you are the spouse of the debtor.
But in this case, you must be legally married at the time of taking the loan, and your signature as a co-borrower must be in the contract. Most often this applies to mortgage payments. If your ex-husband or ex-wife took out a loan after a divorce, then you are not responsible for it.
3. If you acted as a guarantor for someone's loan.
For example, a friend or brother. But at the same time, collectors must have a court decision in their hands, according to which you are recognized as a payer. Without a court verdict, you do not have to pay anything to anyone, even if the main borrower does not seek to fulfill its obligations.
Naturally, if a completely stranger calls you on a loan, then you have every right not to communicate with collectors at all. If they start to get it, threaten to go to court or the prosecutor's office.
In addition, there is a statute of limitations for "credit matters". It is equal to three years. That is, if you are required to repay a debt taken, say, five years ago, you have every right not to pay it. Money from you will have the right to recover only through the courts, but since the limitation period has already passed, not a single office will accept such a statement from the creditor.
Often, during a conversation, collectors begin to threaten, refer to some laws and regulations, “shut up” their mouths, be rude, and be rude. In connection with frequent complaints about the actions of collectors, in 2016 a new Federal Law “On Collectors” came into force. It defines the powers of claimants, their rights and obligations.
People who have or do not have debts to collectors will not be out of place to learn about the contents of this document. Only the main provisions will be given below, if you find yourself in a difficult situation with claimants, it is better to familiarize yourself with the content of the law in full.
So, collectors generally have the right to collect a debt if the following conditions are met:
you have some debt to the bank, and you do not pay a penny to pay off the payment, or there is such a situation that you, without taking a personal loan, became a debtor in a legal way;
The loan agreement contains a clause stating that the bank has the right to transfer the debt to third parties;
You have signed the permission to process personal data.
If there is no indication in the contract of the possibility of “resale” of debt obligations, then you can challenge in court the legality of transferring the debt to collectors. In addition, the bank had to notify you in advance by an official letter that it was “selling” the loan, to whom and under what conditions.
Collectors do not have the right to set their own "margins" and "penalties" - the opportunity to reclaim the debt and so gets them much cheaper, but you have to pay only what is provided for in the loan agreement. Naturally, if the agreement provides for penalties, then they are charged, and the requirement to pay them is completely legal. But there shouldn't be anything more than that.
The new law provides for the following restrictions on the activities of collection agencies:
collectors do not have the right to call from 22.00 to 8.00 on weekdays, from 20.00 to 9.00 - on weekends and during holidays, while we are talking about the debtor's time zone, and collectors must make an amendment to this;
No threats are allowed against you or your relatives, as well as insults and humiliation of human dignity;
Collectors have no right to use physical force, steal or damage property;
Collectors may not distribute the information received about the debtor by posting ads or publishing on the Internet, as well as orally.
All these rights of the debtor follow from the natural rights of man. And even if you owe millions of rubles to various creditors, then all the possibilities for collecting debts are strictly limited, and the recovery procedure is regulated.
Initial communication with collectors usually takes place over the phone. If it’s not a robot that communicates with you, but a person, then you need to try find out from him the maximum information on the debt imputed to you:
the name and position of the caller;
the name of the company he represents;
time of loan processing, agreement number and institution where the loan was taken;
the period when the debt was formed;
the amount of debt and accrued fines;
document-the basis for the transfer of debt;
whether there is a court decision on the issue.
Even if the call is made using automated means, then at least the name of the agency or the phone number where you need to contact to resolve the conflict will be indicated. By the way, the borrower has every right not to respond to the “request” of the robot and not to contact collectors, and this call is not a way to notify the client about the debt. You can notify and force the collection of a debt only by phone or by sending an official letter to the address of the borrower.
When communicating with collectors, you need to be polite, calm, not threaten in response and not provoke the interlocutor into a scandal. As a rule, collectors start their conversations with "attacks", accusations, threats, turn to "you" and generally behave extremely impolitely. It is necessary to tell them in plain text that you will not tolerate such treatment, and in case of threats and insults, go to court to protect your rights. Warn that the conversation is recorded on a voice recorder, even if it is not. As a rule, after this, the collectors begin to communicate more adequately.
If you really must, then offer to resolve the conflict peacefully and legally. Ask to send to your address all the documentation confirming the legitimacy of collecting debts, or say that you will come by yourself. It is better to show the received papers to a professional lawyer, and only then decide what to do next.
Under no circumstances promise to pay and, of course, do not make any payments! It is possible that the demands of collectors are illegal and your money will go nowhere, and you will have to return it through the courts. And if you promise something, then this will be an extra argument for collectors in further proceedings. The purpose of your first conversation is to find out more about your debt and understand who you really owe.
If the collectors behave inappropriately, do not support the conversation, are rude, insult, etc., warn them of criminal liability for criminal acts, and offer to transfer the proceedings to the court.
In general, the court should not be afraid. According to statistics, in 90% of cases, the judge makes decisions in favor of the debtor - writes off illegal interest, setting the rate at 1/10 of the current rate, "splits" payments over several years, setting the appropriate amount of the monthly debt load in accordance with the level of the payer's salary, and etc. Despite the fact that collectors like to scare with court and bankruptcy, in reality they file claims extremely rarely. They try to take it with arrogance, impudently, counting on the legal illiteracy of the debtors, and with a real rebuff and attempts to turn the conversation into the mainstream of the law, they retreat.
If you are charged with a completely foreign debt, then you should try to find out more about it, and then contact the bank or other financial and credit institution that “sold” the illegal debt, or immediately go to court. Unfortunately, the reality is that if someone else's debt is "hung" on you, then you will have to deal with it yourself. Be sure to claim compensation for non-pecuniary damage and the cost of a lawyer when claiming - collectors often agree to a “world settlement” and retreat if they see the serious intentions of the other side.
The easiest way to complain about the illegal actions of claimants is to contact their leader. But in such firms cover-up often reigns, and the authorities turn a blind eye to the actions of agents - if only they bring money. Therefore, it is better to act in several directions at once, so you need:
make a dictaphone recording of the conversation (if possible);
Revoking your permission to process personal data from the bank is completely legal and is done by filling out an application, so you can stop selling your debts to third parties (this step is especially appropriate if there is a delay, then the bank’s security service will be with their hands tied);
Apply to the prosecutor's office with a complaint about the illegal actions of collectors;
Send a letter to the bank demanding to substantiate the legality of the transfer of your debt obligations or an explanation of how the debt was formed on a loan that you did not draw up;
File a lawsuit;
Send a claim to the head of the collection organization with copies of all the appeals you have made.
As a rule, after such an active rebuff, the collectors make contact and are already trying to resolve the conflict peacefully. The main thing is not to succumb to their provocations, remember that the law is on your side! Carefully look for their violations and point them out.
Often, collectors move from calls to active actions. Even if you warned them about criminal liability and declared everywhere you could about the illegality of their demands, they may make one last attempt to "press" you - come in person and try to download rights.
The best option is to communicate with them through a closed door. You are not obliged to let them into your apartment, as it is your private property. Even if the collectors came with a man in uniform (sometimes they call for help from the district police), you can not open the door. The only chance to get into the debtor's apartment from the collectors is to come along with the bailiffs and with a decision to seize the property.
(!) Speaking of property. Collectors have no right to take anything from the apartment or damage it. Only bailiffs have the authority to seize the debtor's property and only if there is a relevant court order that has entered into force. In this case, the seizure is formalized by an act in the presence of attesting witnesses, and the property is transferred to the court site for subsequent sale at an auction. Arbitrarily collectors "confiscate" nothing can. This qualifies as "Theft", "Robbery" or "Robbery" depending on the specific actions.
For immediate threats, warn about the presence of such articles as "Hooliganism" and "Threat to kill", with threats to damage the car, set fire to the house, etc. - "Damage to property".
Do not forget about your right to use a voice recorder or a video camera - collectors cannot forbid you to remove recording devices: you are in your own house. But you can forbid them to shoot or take pictures.
Ask visitors for copies of all documents confirming that you have a debt. But don't sign anything yourself. For example, often collectors are asked to sign a waiver so that they no longer come to you. This should not be done. Maybe they just need a sample of your signature, or they put carbon paper and a document of a completely different content under the "Refusal".
Explain to the children that they do not open the door for anyone and call you immediately if strangers call at the apartment. It is not uncommon for collectors to take out the debtor's property, taking advantage of the helplessness of children.
Remember that even if you owe a large amount to banks, the entire debt collection procedure is regulated by law, especially if there is nothing to pay and bankruptcy is planned. Collectors must also work in accordance with legal regulations. If they try to exceed their authority, start threatening bodily harm or confiscation of property, accrue cosmic interest, then feel free to turn off the conversation and offer to transfer the conflict settlement to the court. At the same time, take active actions in response, even if the sane debt is not yours. Demand compensation for the time and nerves spent. And then the collectors will become much more accommodating.
Trying to protect themselves and their property, many citizens deny the mere thought of taking out a loan for the amount missing for the purchase. Nobody wants to be a willing debtor because they know and understand the scale of potential risks. No one is immune from financial debts. And even if you are not a consumer of a bank loan, are you sure that your unpaid Internet bill payments will not be transferred to a collection company? Probably not. Now, this is a completely different story.
In order to get acquainted with an employee of a collection company, it is enough to overdue at least one loan payment. The same is true of unpaid mobile phone bills. It won't be long before strangers contact you. These are employees of an agency that specializes in the return of credit and utility debts. Their goal is to ensure that the payer's debt is actually repaid. Everything is logical, however, one should not miss the fact that the level of remuneration of the employees of the collection agency assigned to him depends on the effectiveness of their persuasion of the debtor, as well as the speed of repayment of the debt. This explains such a zealous activity of collectors in relation to the debts of citizens.
In fairness, we note that the process of "knocking out" money begins in a rather civilized and calm manner. Collectors will collect the entire list of necessary data about you, monitor your financial condition, and do not forget to clarify the data about your relatives - this is one of the alternative ways to reach out to the debtor. And then a string of notifications follows with a convincing demand to pay off the debt: "letters of happiness", as a rule, first come by e-mail and home mailbox, collectors do not forget about sms-mailing. The key goal is to establish contact with the "malicious" debtor.
At the same time, many are surprised by the fact that banks, as a rule, do not practice lawsuits with their debtors. Why it happens? Let's try to figure it out.
Firstly, any lawsuit, starting with a lawsuit, is a lengthy and rather costly procedure. To deal in court with each of your borrower-debtors, you need to have a whole army of lawyers. In addition, it may turn out that even if the bank wins, the debtor, in fact, has nothing to take.
And yet - the court can take into account the gravity of the borrower's situation, and reduce the amount of the payment, or even completely remove the penalty payments. As we understand, such processes are not very profitable for banks. It is much easier in such cases to turn to the collector, who will slowly but surely beat out the debt from the "malicious" defaulter.
But collectors very often “sin” by threatening to go to court with a lawsuit against the debtor. This is one of the favorite manipulative tools of psychological influence. In fact, as a rule, the process does not go further than big words: because for a collector (not a debtor!) Litigation is always a big and not always justified risk. Experienced credit lawyers can find a lot of tricks that will play against the collection firm, and will be presented as a violation of the law.
So, "collector" calls. Firstly, be prepared that "specially trained people" will not be ashamed to disturb you in private and even at night: calls at 2 am or 7 am are a common practice of many collection companies.
The collector on the threshold is not the most joyful guest in your house. However, in pursuit of an obvious goal, employees of authorized firms are not constrained by any means. So don't be surprised, but remember the important things:
Collectors should not be feared, and even more so, you should not heed their threats. Collectors are just hired performers. However, personal debt obligations should also be fulfilled. Be that as it may, this is the only way for your restful sleep and healthy nerves.
How to deal with collectors? This question is of interest to many citizens. In particular, due to the fact that collection companies more and more often cause huge damage to the population in every sense: both property and moral. Such organizations often violate all established frameworks of the law in order to achieve their goal, namely to knock out debts from debtors. Therefore, you have to constantly keep the defense. Especially if you have already paid off your debt a long time ago, but you are still being tyrannized. So what is the right way to deal with collectors? What techniques can be used for self-defense?
The first step is to study your loan agreement. This is a very important point, which is often overlooked by citizens. After all, it is he who is able to protect you from being terrorized by collection companies.
Usually, loan agreements contain clauses regarding the resale of household debts. If such sayings take place, then banks are able to transfer the "knocking out" of the debt to third parties. In Russia, it is the collection companies that do this. When nothing of the kind is written in the contract, it makes no sense to think about how to behave with collectors (at a meeting and not only). After all, the bank will act illegally. It is enough to call your banking organization and inform that you will complain about their illegal acts. As a rule, after that the collectors disappear by themselves.
But what if you really have a debt, and the contract provides for the resale of it to third parties? In such cases, you will have to develop a certain tactic of behavior and follow it without fail. Some rules can help if you go to court for protection.
How to behave with collectors on the phone (and not only)? To begin with, please note: they have every right to call you, but not in the evening. The same goes for meetings. Therefore, it is clearly not worth ignoring the calls. Instead, use one little trick. 
Namely, at the beginning of the dialogue, calmly ask your interlocutor to clarify with whom you have the honor to talk. This information must be provided to you. Do not forget to specify which collection company your debt was transferred to. Write down all the information on paper, then check the accuracy of what was said. If you have been deceived, you have every right to ignore calls from the interlocutor.
How to conduct a conversation with collectors if you were refused to provide information about the caller? Silently hang up. You have every right to do so. Any collection company must provide debtors with information about employees. Hiding is not allowed.
A few more points that should be considered in any communication with collectors: firstly, keep calm, and secondly, watch what you say and how you behave. No psychos, neuroses, tantrums and insults. Be polite and respectful. 
Why? Try to hold back, even if it costs you a lot of effort. After all, as a rule, collectors keep a record of all telephone conversations. Therefore, any rudeness or oversight can turn against you in the future. You have to constantly watch the language.
Also, do not try to pity the employee of the collection company, it is useless. Rather, such behavior will only turn against you in the future. It turns out that our best friend when dealing with collectors is calmness. And then there is self-control.
Do you have to communicate with collectors? How to behave correctly in this or that case? A good technique, especially for a telephone conversation, is honesty. In particular, when your debt is not so big or you have lost solvency, but are trying with all your might to restore it. 
In this situation, the best solution is to announce your intentions regarding the payment of the debt. Honestly admit for what reasons it arose, when and in what amount you are going to pay off the payment. It is unlikely that you will be left behind, but if the conversations are recorded, then this will be a huge plus for you in court. Especially if you have any evidence of intent.
How to deal with collectors? If we are talking about a telephone conversation, then you can use another trick. It's about recording a conversation. A good option for those who have begun to be threatened.
Record all phone calls from collection companies, while communicating, keep complete calm. If you are threatened or directly told about damage to property, do nothing. Let them talk about it further, in court this kind of evidence will be enough to discourage collectors from you. Most importantly, do not say that you are recording the conversation. 
Well, what if the collectors came? How to behave in such a case? To begin with, remember: you have every right not to let an employee of a collection company into your apartment. But if you still let in, in order to protect yourself, start filming what is happening. But so that the employee is not aware of this. Recordings will help you defend your rights in court if necessary. It is advisable to use video rather than audio recording.
When you have to communicate with collectors, try to control yourself all the time, even during personal meetings. Moreover, show self-confidence. And most importantly, don't be afraid.
As practice shows, collection companies often use a variety of psychological methods of influencing the human psyche in order to "knock out" the debt. Do not give in to provocations. Usually the most common tricks are threats against you. Do not show your fear, only self-confidence. If you additionally have evidence of illegal actions of the collector, let us know that you will go to court. 
Usually, after such statements, the direction of the conversation changes dramatically: the threats disappear, they begin to speak to you with restraint and culture. But there are exceptions. So, if your dialogue is dragging on, you have already obtained enough evidence of misconduct, and insults and threats do not end, just walk away from the conversation. At the same time, in a calm tone, inform that your conversation will lead to nothing and can last forever.
But the tactic of correct behavior does not end there. More and more often, after talking with collectors, citizens turn to the courts. There you have to prove the illegality of the company's actions, as well as your innocence. A good way to do this is to invite witnesses.
Wondering how to deal with collectors? If an employee of such a company comes to you, just invite someone to your place. Let him be present during the conversation, no one can take away this right from a citizen. And for the court, the presence of independent witnesses means additional proof of your words. It doesn't matter who it will be, but, as practice shows, neighbors usually become silent participants in the conversation.
If you don’t know at all how to behave with collectors, they tortured you, and you can’t defend yourself on your own, you can simply contact an anti-collection company. Similar organizations are found in Russian cities more and more often. It is they who will deal with the issues of your protection from collectors. 
When no method has worked and you still continue to be intimidated, disturbed, threatened, you should go to court and talk with collectors directly in the judicial authorities, at a meeting. An extreme measure, but very effective in the presence of evidence of misconduct of collection companies. After such actions, citizens are usually left behind with "knocking out" debts. Or start acting according to the law.
At least once in a lifetime, even those who have never taken a loan or a microloan have come across. It is possible to minimize communication with debt collectors with the help of knowledge of laws, judicial practice and the experience of debtors who have already encountered this problem.
On July 3, 2016, the federal law came into force, restricting the rights of collectors. Now, in order to repay the debt, they can:
List of actions that collectors are not entitled to:
Violations of these rules threaten the collection agency with a fine. from 10 thousand to 1 million rubles for officials and 20 thousand to 2 million for the company as a whole.
When assigning the right to claim a debt under an assignment agreement the collection service receives all information about the debtor from the bank. In addition to the phone number of the borrower and his proxies, it also indicates the address of residence and registration, place of work, information about marital status and property owned.
Until July 2016, the rules for communication between debtors and debtors by telephone were regulated by the Law on Consumer Credit. Only the time allowed for calls was limited: from 8 am to 10 pm on weekdays and from 9 am to 8 pm on weekdays. The number of calls and sms was not regulated.
Since the entry into force of FZ-231, the situation has changed in favor of borrowers. There are now limits on the number of calls:
The debtor has the right to refuse communication with collectors 4 months after the debt was formed. To do this, you must send an application to the collection service by registered mail or through a notary.
As a rule, in the loan agreement, the borrower indicates the work phone number as one of the contacts. When assigning a debt, the collection agency receives this data and is entitled to use it, but only for communication with the debtor themselves.
When calling to work, the collector should communicate only with the debtor himself, but not with third parties - colleagues or managers. They can only ask them to invite a specific employee to the phone, without disclosing the details of the loan agreement.
If the number of one of the colleagues was indicated in the contract as an additional telephone number for communication, collectors can call him with a request to help contact the debtor. They also do not have the right to disclose details. The debtor has the opportunity to withdraw his consent to the interaction of the collection service with third parties that were specified in the contract.
Each collection service has internal instructions for dealing with problem borrowers. The scheme of the conversation is built in such a way as to disarm them with arguments, frighten them with administrative or criminal liability and exert psychological pressure. Not surprisingly, after a series of such calls, debtors often experience a nervous breakdown.
To have a productive conversation with a collector, follow these simple rules:
Consider typical questions, collectors' arguments and answers to them.
“Hello, is this Ivanov Ivan Ivanovich?”
In the first seconds of the call, claimants always try to identify the person who answered the phone. If at the same time the collector himself refused to introduce himself, you have every right not to give your name and end the call. The obligation of a collection service officer to provide the debtor with full information about his position and contact details before starting a conversation is enshrined in FZ-231.
“Our company has redeemed your debt to the bank”
If the collectors called for the first time since the transfer of rights to claim the debt to their company, the debtor has the right to request confirmation of the assignment agreement. Until such a document is provided, he may suspend communication with the new creditor and not pay the debt. This right is enshrined in Article 385 of the Civil Code of the Russian Federation, which any employee of a collection agency knows about.
“Are you going to repay the debt?”
There are three possible answers to this question. Firstly, the debtor has the right to demand documents in which the amount of the debt is indicated and justified. Secondly, he can declare that he is ready to resolve the issue only in court. At the same time, he himself is not obliged to sue, and can wait for a lawsuit from the bank.
Third way - offer to fix payment waiver. As a rule, such a straightforward statement causes confusion among collectors, because it does not fit into the standard conversation plan.
“If the bank goes to court, you will have to pay the entire amount at once and reimburse the costs of the process”
Indeed, after a court order, debt collection duties are transferred to bailiffs, with whom it will not be possible to pay off monthly payments.
However, not a single collector will tell you that the courts often take the side of the borrower and write off fines and penalties from the total debt. That is why it is more profitable to collect a debt in a pre-trial order than to file a lawsuit.
Often in a conversation, collectors try to intimidate the debtor with responsibility for violating the criminal or civil code. In 95% of cases, such threats are unfounded. and used for psychological pressure. It is very easy to challenge them, since most collectors do not even know the content of the articles they named.
Art. 159 of the Criminal Code “Fraud”
It is possible to initiate a criminal case under this article subject to the following conditions:
It is difficult to find a debtor who would allow each of these violations. If the collector called you by the phone number specified in the contract, the clause on the unreliability of contact data is no longer valid. Therefore, by threatening accusations of fraud, creditors contradict themselves.
Art. 165 of the Criminal Code “Causing property damage by deceit or breach of trust”
Remember that any property bought on credit belongs only to you, unless it is designated as collateral in the contract. This means that it can be sold, exchanged or broken, and the claimant is not entitled to make claims in this regard.
Article 177 of the Criminal Code “Malicious evasion of repayment of credit debt”
An article that is completely inapplicable to ordinary consumer loans. The amount of debt to hold individuals liable, according to its content, is at least 1.5 million rubles. Only employees have the right to go to court on this basis.
If the debtor left your contact details when drawing up the contract, ask him to write a refusal of consent to the interaction of creditors with you. Please note that according to Federal Law-231, collectors have the right to communicate with third parties only with their consent.
For too frequent calls or attempts to contact you at night, you can contact Rospotrebnadzor and the Service for the Protection of the Rights of Consumers of Financial Services. If the callers threaten and insult you, write a statement to the prosecutor's office and the police.
To file an appeal, collect all evidence of illegal activities of collectors. In the case of telephone threats, call detailing, which can be ordered from a mobile operator, and a conversation record will help.
If the collection service is a member of the National Association of Professional Collection Agencies, an effective method would be complaint on the NAPCA website. Members of this organization are more than 40 companies that handle most of the problem debt market.
While debt collectors often go beyond morality in their attempts to collect debt, the debtor should not completely ignore their demands. An exception is the situation when the debt was transferred to the collection service illegally, but in this case, you must first send a corresponding claim to the bank.
The easiest way to get rid of annoying calls is to negotiate with a collection agency about gradual repayment of the debt and agree on a payment schedule. This option will be more acceptable to claimants than a complete waiver of payment and subsequent litigation.
If the debtor wants to pay the debt only by court order, he has practically no leverage to speed up the process. Out-of-court notice to debt collectors rarely results in a quick claim from the creditor.
The solution to the problem may be a claim to obtain compensation from the claimants for moral damage. In such a situation, the only way out for the agency will be a response to the court for a full refund of the debt.
Will collectors leave you alone? In the video below, Sergey Rad shares his experience.
The problem of collectors, no, no, yes, and it pops up in conversations with our readers, whom we advise. Say, here there is a certain debt (as an option - there is none) to the bank, and then some citizens began to call, write SMS and otherwise interfere with a quiet life, in the common people - "collectors". And how to be in such a situation? Let's talk about this hot topic. We do not claim that the proposed advice is the only true one, someone may prefer other ways in communicating with the so-called collectors, this is his business. Our task is to try to comprehend this phenomenon from the point of view of the law.
So who are the collectors?
There is no legal definition in the law, because there is no collection law. In simple terms, collectors are either some entities that act on behalf of a bank in order to collect a debt, sometimes it is a structure in the bank itself, or it is a company that has acquired complex debts from banks under an assignment agreement, cession.
How collectors work
The process of communication with collectors is typical: a citizen who has (does not have) some overdue loan, some citizens begin to call, write SMS, send letters and e-mails, demanding payment of the debt. In especially "pleasant" cases, they can personally come to visit him or work.
The call, most often, occurs as follows: a citizen hears in the receiver an extremely unpleasant female voice with worked-out metallic intonations (and they are taught to communicate in this way in order to catch up with fear, horror and awe), or an equally unpleasant male who calls a person by name - patronymic, further declares that there is a debt to that which is required to be repaid.
Often such communication is accompanied by threats: going to court, forcible collection, departure of the “collection group”, arrival of bailiffs, initiation of a criminal case under Art. 177, 159 of the Criminal Code of the Russian Federation, the initiation of an administrative case, a description of all the property that exists. They scare you with a bad credit history for the next hundred years, a ban on traveling abroad, fines and penalties that are already growing at the speed of the Chelyabinsk meteorite, and other nonsense. All this is designed for a fool.
In addition to the above, the so-called collectors can call and write SMS after school hours, complain to relatives, neighbors, come to the debtor's work, send letters of demand, and so on. In short, to worsen the life of a citizen who is what much. As practice shows, collectors sue extremely rarely, because. it's all complicated, the statute of limitations is often missed (more on that below).
The actions of the collectors are aimed at a stupid, legally illiterate layman who does not know his rights and is led by their arrogant methods. Often, collectors behave in a boorish way, furiously carry vigorous nonsense (such as: “the bailiffs will come to you now,” despite the fact that there hasn’t even been a court yet, well, it’s obviously designed for a fool), or they threaten and so on. On the so-called "ringing" of collection companies, as a rule, there are limited, rude ladies of a bitchy type or the same uncles. Well, or, perhaps, in their hearts they are the most beautiful thin people, with a sensitive nervous organization, madly in love with kittens and birds and crying with excitement at the reddening flash of sunset, but at the workplace they turn into what we have described. Yes, it’s understandable: who gets scared and runs to pay if a fairy tale from Oz calls him, with a honey, sweet, gentle voice, like the murmur of a crystal spring stream, and whispers a wonderful fairy tale into the phone? None. They will ask you to call again. But when a vixen calls and starts to piss off in full - here you already become thoughtful. psychology, however. It is clear that employees of collection agencies are specially trained for this.
What to do and How to behave with collectors
First of all, we honestly admit that it is better not to have debts, but, having them, to pay for them. The fact is obvious. Another thing is that, even if you have a debt, and you cannot temporarily pay it, then no one has the right to invade your life and put pressure on you with boorish illegal methods. This is no less obvious. So, what to do if the collector calls.
1) Well, in principle, you can do nothing at all and stupidly not communicate with these citizens, this is your right. If they want something there, let them sue.
You can take a position of complete disregard, it's not yours, but their interest in talking about something, you didn't ask them to call, so it's their problem that they want to talk.
If you decide to talk, you can find out on the basis of what they demand payment. There are two options: either they acquired the right to claim against you from the bank, or they simply collect in the interests of the bank.
Option one. Collectors insist that they have acquired the right to claim.
If they allegedly acquired the right to claim against you from the bank, then you can require the collector to provide originals (notarized copies) of documents confirming the transfer of your debt to them, provide their constituent documents as a legal entity. In general, until you have received by mail (otherwise) - originals (notarized copies) of documents confirming the transfer of your debt to collectors - you don’t need to talk about anything at all. There are no topics for conversation.
At the same time, all kinds of letters that so, they say, so, your debt, the Bank transferred such and such to us, such and such - this is NOT proof of the transfer of the right to claim, these are just words. So, until they send the original contract, or a notarized copy, there is nothing to talk about, Art. 385 of the Civil Code of the Russian Federation. Further, even if they sent you a certain contract, but they sent it by a simple letter, and not by registered mail, legally you did not receive it, since there is no evidence that you received it. Keep this in mind. With the option of a registered letter, proof of receipt of such is a notice of delivery, which contains your signature. This is, in theory, the only way to provide the debtor with evidence of the transfer of the right of claim, which can provide evidence that such provision has taken place.
Article 385 of the Civil Code of the Russian Federation Evidence of the rights of the new creditor
1. The debtor has the right not to perform the obligation to the new creditor until the evidence of the transfer of the claim to this person is presented to him.
In addition, there is such an article in the Civil Code as Art. 388 of the Civil Code of the Russian Federation.
Article 388. Conditions for the assignment of a claim
2. It is not allowed, without the consent of the debtor, to assign a claim under an obligation in which the identity of the creditor is essential for the debtor.
In this case, one can also insist that the assignment of the claim is not legal, because for you, the identity of the creditor is essential, because the original creditor is the bank, and the so-called collection agencies, not being banking entities, respectively, under no circumstances in this case can replace the bank as a new creditor, equivalent to a credit institution in terms of rights and obligations. Banks that enter into an agreement with a borrower are licensed, while collectors do not have a special license (because such activities are generally not provided for by the law of the Russian Federation). The activities of banks are also controlled by the central bank, the activities of collectors are not. And when the right to collect a debt is transferred to a collection agency, banking secrecy is thereby violated. In short, you can insist that the assignment of a debt by a bank to who knows who does not suit you, and you consider it illegal.
As a matter of fact, telephone communication with citizens unknown to you does not seem to be necessary at all, tk. you do not know who is hanging on the other end of the wire, and a scammer may call you in order to obtain some information, which is why it is not recommended to discuss legal issues over the phone. We always ask the persons with whom you can (if you wish) to communicate with confirmation of their PERSONAL authority (powers of attorney, orders for employment in this agency), we suggest that you introduce yourself, stating the full name, position, work phones of the Collection Company, the legal address of the organization . If the collector refuses to provide this data, the conversation ends immediately. We NEVER talk about ANYTHING unless you have been provided with the specified data. Usually this is where the conversation ends. Collectors do not particularly like to present documents confirming their authority. As a matter of fact, I repeat once again, even with those who have acquired your debt, after establishing this fact documented, you can still refuse any contacts. This is your right, they are nobody to you, they have no right to insist on communication. If they want something, let them go to court. You can say that you will conduct all cases through your lawyer, who will call them soon, because it is your right to conduct business through a representative.
Option two. Collectors simply demand payment of the debt.
Well, it's even more obvious here, it's generally outside the legal field. The law on the activities of collection agencies in the Russian Federation has not yet been adopted. All collectors of this kind are outlaws.
The rules for dealing with collectors are as follows:
1. We always send all collectors to the same address - to the court.
The mechanism of this is simple: the collector called you, you told him the following: “For all questions, contact the court”, hung up. Everything is extremely simple. Blacklist the phone number on your mobile.
Talking about something with a collector is a waste of time and nerves, in fact, an empty and unnecessary exercise. And then, I repeat once again - you don’t know who is calling you, which means that it’s IMPOSSIBLE to talk to a stranger about ANY OF YOUR BUSINESS ISSUES! It is obvious. How can you find out who is calling you? But no way. No matter what someone tells you, you can’t check whether this is the person he introduced himself as, right? Anything can be said.
Under no circumstances provide the collector with any information. Whether it is information about a new job, changes in phone numbers, where you and your relatives live, when you can be found at home, etc. If the collectors continue to stupidly call (and this is their ingenuous tactic - to drip on the nerves, to get it with donkey persistence), then you can apply the following simple methods: put their phones on the black list, there will always be a hang up for them. The same applies to the phone from which SMS can come. In general, why, in principle, answer unfamiliar calls? - that's the question. And along the way, you can record the conversation on a dictaphone, if it has already happened, and send a complaint to the police and the prosecutor's office on the fact of extortion, article 163 of the Criminal Code of the Russian Federation. This is if you nevertheless began to talk about something with them and if they began to be rude, threaten you (such cases are known). Or you can get another phone number, use it, and keep the old one working, without sound - let them call that one. But these are already technical points.
If they call your home phone (although I don’t understand why someone needs it now), the same is blacklisted. If they call the phone in the parents’ apartment, where you also live, then let the parents say, for example: “He has not lived here for a year, because he left for Voronezh for permanent residence.” Everything is extremely simple.
Such phrases are also good: “No comments” or “Talk to my lawyer”, when asked to give the lawyer’s phone number - “The lawyer will call you himself.” Everything, the conversation has come to its logical conclusion, you have chosen the method of communication through a lawyer, this is your right.
2. If you decide to talk about something, then we write all conversations with the collector on the recorder.
3. If the collector threatens by phone or at a meeting, we go to the nearest police station and write a statement about extortion (Article 163 of the Criminal Code of the Russian Federation) and about the threat to life and health. The only question is, how could the meeting take place at all, why do you need it? How can a collector even know that you are you? But no way. If someone comes up to you, for example, on the street, then why should he even tell you who you are? With what joy? "No comment" is the perfect answer to the question of who you are. In order to start a conversation, they usually ask like this: "Ivan Petrovich"? If you say something like: "Yes, what's the matter?", then that's it, you've been recognized, you can load your brain with problems. And if you say “No comment” or don’t say anything at all, then the interested person has a problem. And is it the same person? Collectors, of course, cannot ask for documents or demand to introduce themselves. Because they don't have that power.
4. If the collector calls after 23:00 or before 7:00, we go to the nearest police station and write a statement about hooliganism and disturbing the peace of citizens. From such a phone they call, are rude, threaten, please take action.
5. If the collectors came to your house, we do not open the door, call 02 and call the squad (unknown bandits break the door, shout and threaten). If the police arrive, the collectors can get a lot of problems. Some very strange citizens can open the door, let the collectors into the house and start talking to them about something there. The question is why do you need it? Waste of time and nerves. Practical sense - zero.
RULE: DO NOT TAKE ANY documents from collectors and DO NOT sign ANYTHING. Once again: there is NO authority to demand something from the collectors. You did not conclude any contracts with them, they are not the police and not the bailiffs. By the way, often collectors use a form similar to the form of bailiffs or other employees of the authorities. It’s easy to do this: put on a black riot police suit from a military store, high berets, a cap or a beret, attached a certain chevron to your sleeve, gave yourself a dashing, valiant look, and now you are no longer just some, for example, Andrey Nikolaev, but by type already some kind of employee of something there. Some collection agencies even have similar red-coated badges.
All this clowning can have a magical effect on a narrow-minded citizen, he may think that government officials have come to him and scrape around in front of them, smiling ingratiatingly (like a wolf in “Well, wait a minute!” in front of policemen). Reception is as old as the world, but still works. The collector does not have and cannot have any special status, and even more so the public powers inherent in state law enforcement and regulatory bodies.
Some collection agencies are trying through the name to indicate some involvement in government authorities (for example, mentioning the words “Ros”, “Bailiff”, “Supervision”, etc. in the name), because this can put psychological pressure on the innocent debtor. You should not believe these military tricks and let yourself be fooled.
6. We solve all issues with collectors only in court. There is some business with you - let them sue. You want to resolve the issue in this way, to sort it out in court - and this is your constitutional right.
7. We never voluntarily pay penalties and fines. It is better not to pay anything at all until the court's decision. The court will most likely reduce all these penalties by orders of magnitude. That is, if there is a court at all. Contractual penalties are always very high.
Oh yes, and, of course, we remember the three-year statute of limitations, after which it is no longer possible to recover something from you (this must be declared in court, if there is one). However, please note that the three-year limitation period is calculated from the moment you last paid something: the limitation period is interrupted by the debtor performing actions indicating the recognition of the debt, and after the interruption, the limitation period begins anew. And, in any case, collectors do not need to pay: firstly, by paying money now, you extend the limitation period for them (see above), and secondly, only the court can determine the correct amount of debt after such a long period. It is more than likely that their claims are not true at all. The bank needs to repay the debt, no one argues with this, but let it be through the courts, it’s more accurate and reliable.
Example: here you have a debt for which the statute of limitations is running, two years have already passed, there is a year left during which something can be recovered from you in court. Conclusion: in a year this debt cannot be collected from you. Rather, the bank has the right to sue, but if you declare that the limitation period has been missed, the court will refuse the claim. But if you now, on the occasion of the collectors, pay something there, but at least 10 rubles, then the limitation period will begin to flow from the very beginning. Do you need it? Let them sue, and the court will decide how much you owe the bank. Since the limitation period is established by the Law of the Russian Federation, insofar as you have the right to use it in your own interests, and know how this is done. And that's okay. If the bank has delayed the collection of debt from you, these are its problems, as the subject of contractual relations with you. You know about it - you apply it. Everything is simple. At the same time, you (if there is a debt) do not refuse to pay, BUT - by a court decision. Everything is legal.
8. You need to document as much as possible all the actions of collectors in your regard (keep any letters, write all conversations).
9. You should always understand that the court (if it comes to it) can significantly reduce the amount of fines and penalties that have been calculated for you, or remove them altogether. Often collectors, in order to put pressure on the debtor, say, write to him the following: “every day interest is dripping on you, your debt is growing very rapidly, every day you are losing money, you are charged fines, huge penalties and terrible arrears. Pay! Only this can save you!” All this (in terms of the amount of penalties) can be within the framework of the loan agreement. A poor debtor, not burdened with legal knowledge, may be frightened and run to borrow something, re-borrow, but pay. And, meanwhile, he should know that even if the bank sues, the court will NEVER charge any ridiculous amounts of interest and penalties that are equal to or exceed the body of the loan itself.
Example: If you owe the bank, conditionally, 50,000 rubles, then NEVER the court will collect from you another 50,000 rubles of some kind of fines, penalties and other things. Even 25,000 will not charge. Even if a contractual penalty is provided for and its amount has already, purely within the framework of the contract, become equal to the amount of the debt itself, the court will not recover such a penalty, reducing it to reasonable limits. That's all. The principle of proportionality.
In addition, often collectors send letters where they indicate, so, in passing, all sorts of terrible articles of the Criminal Code, such as Art. 177 of the Criminal Code of the Russian Federation "Malicious evasion of payment of credit debt", art. 159 of the Criminal Code of the Russian Federation "Fraud". So: All this is nonsense, if a citizen paid something there, then there will never be these articles, this is more than obvious.
Credit relations - pure civil law relations and dragging the Criminal Code of the Russian Federation into this and writing all these articles in your "letters of happiness" - this is work for a fool who does not know the laws and believes all this collection nonsense, is afraid that he can be imprisoned in prison for failing to repay his debt to the bank. Absurd.
10. We understand that the refinancing rate (Article 395 of the Civil Code of the Russian Federation) at which you may be subject to additional requirements is several times lower than the consumer loan rate.
11. We understand that in our country any inspection of regulatory authorities is fraught with nerves for the management of a collection company. Therefore, we generously and relishly complain about the actions of collectors that violate your rights to the prosecutor's office, the police and all, all bodies. The list and addresses are given at the end of the article.
If you did not enter into a loan agreement at all:
1. Go to the nearest police station and write a statement about the fact of fraud (did not take a loan, who took it is unknown). 2. We report this to the collectors. 3. If they refuse to initiate a criminal case, we challenge it to higher authorities.
Where to complain about debt collectors
If the collector threatens by phone or at a meeting (via SMS), violates your rights, you need to take action.
1.) Contacting the police
We write a statement about extortion (Article 163 of the Criminal Code of the Russian Federation) and about a threat to life and health (if any), we go to the nearest police station and submit it. At the same time, we attach all letters received from the collection agency (copies) to the application, you will also need to present all audio, video recordings, and other evidence. In the application, we indicate from which phones who called, when, what they demanded, how they threatened, what you ask: to prosecute for extortion. We write the application in two copies, on your copy we put the incoming one (mark of delivery). This will be proof that you contacted the police at all. If comrades call and disturb outside school hours, we ask you to bring them to justice for hooliganism. Collectors need to be informed that you have applied to the authorities, this alone, perhaps, will already somewhat pacify their zeal.
