List of licensed collection agencies. Collection agencies: problems of legal regulation. Restrictions on the activities of collectors
Since January 16, 2017, a register of collection agencies has appeared on the FSSP website in accordance with the basic requirements of the Federal Law. This document allows you to verify the legitimacy of conducting professional recovery activities. Accordingly, each person should know how to check whether the State Register collection agency, in case of professional debt collectors.
How to find the collection agency registry
1. To get started, go to the site Federal Service bailiffs by clicking on this link.
2. After that, in the list of the main menu, select the "Services" item.
3. In the paragraph "Services" there is a link to information about legal entities whose main activity is aimed at collecting overdue debts contained in the state register. Click on the section highlighted in the picture.
4. After completing all the steps in sequence, you will see a table with a list of legal collection agencies in the Russian Federation.
Why do we need a register of collectors for ordinary citizens
You can officially verify the legitimacy of a company that addresses a debt;
The document specifies legal address organizations, which will make it easy to find the addressee, to whom to write a statement or claim in case of any incidental situations;
The register contains the exact website, with the help of which you can study the information (contact details, addresses of the nearest offices), as well as clarify it (by hotline or by sending an application to the email address of the organization);
Basic requirements for collection agencies
The Federal Law (230-FZ) states the basic requirements for the activities of collectors and collection agencies, such as:
Have a mandatory state registration organizations in Russia;
collection agency in without fail must be included in the state register (can be checked on the FSSP website);
The employee must not have a criminal record economic sphere or be tried for a crime against public authority;
The employee must not have diseases that prevent the activity in this organization.
Their responsibilities include:
Maintain a list of employees who have access to the debtor's personal information (the employee must give a receipt for familiarization with federal law, and is also obliged to maintain the confidentiality of information);
Keep all paper and electronic documents three years from the date of their dispatch or receipt;
Keep an audio recording of all cases of interaction with the debtor, warning him about it, and also store these recordings on media for at least three years;
Submit a report on its activities to the authorized body and inform it about the changes made to its constituent documents;
Comply with the requirements under Art. 13 230-FZ.
Restrictions on the activities of collectors
The federal law (230-FZ) from January 1, 2017 introduced restrictions for collection agencies. Thus, these organizations do not have the right to:
Disturb the debtor from 20:00 - 9:00 - on holidays and weekends, 22:00 - 8:00 - on weekdays;
Visit the debtor more than once a week;
Call the debtor more than once a day, twice a week and eight times a month;
Send SMS more than twice a day, four times a week and sixteen times a month;
Call the debtor at work numbers and visit him at work;
Hide phone number and call from phone numbers that do not belong to the collector or creditor;
Contact with third parties (parents, colleagues, neighbors);
damage or destroy the property of the debtor;
Use words that humiliate the honor and dignity of the debtor (third parties);
Apply physical strength, threats to life and health to the debtor, as well as to third parties;
To exert psychological influence on the debtor and third parties;
Also, the law explains the rights of the borrower to protect their interests. Before the start of each contact, the debtor must be informed:
Surname, name, patronymic (if any) of the creditor;
Information about whether the borrower is in arrears on the loan;
Number contact phone creditor or a person entitled to act on his behalf.
In case of violation of these provisions, the collection agency faces a serious fine.
The federal law (230-FZ) introduces a fairly large number of restrictions on the activities of creditors and collectors. Definitely, innovations will reduce the violent and illegal collection of debts from borrowers. Also, the law will allow to remove unscrupulous collectors who denigrate the activities of other agencies entered in the register. But only time will tell how the law will be applied in practice.
Question for a lawyer:
Can the bank not inform the borrower about the assignment of the rights of claim to another credit institution? Can the right of claim be transferred to a person who does not have a license for the right to carry out banking activities?
Lawyer's answer to the question:
Maybe. In this case, if you pay the debt to this bank, it will be the bank's problem, not yours.
On the second question - maybe, if it was agreed upon at the conclusion of the loan agreement.
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Lawyer's answer to the question: license to exercise banking operations
No, he is obliged to report (Article 385. 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.). Theoretically, this happens when transferring cases to collection firms.
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Lawyer's answer to the question: banking license
must notify you
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Does OJSC First Collection Bureau have a license to carry out banking activities ??? As far as I heard, the agreement ...
Question for a lawyer:
Does OJSC First Collection Bureau have a license to carry out banking activities ??? As far as I heard, an agreement on the assignment of rights of claim by a bank can only be concluded with an organization that has such a license ...
Lawyer's answer to the question: banking license
no, such an agreement can be concluded with any person (legal, natural or individual entrepreneur)
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Can an organization (OJSC) that does not have a banking license issue a loan secured by ...
Question for a lawyer:
Can an organization (OJSC) that does not have a banking license issue a loan secured by real estate?
Lawyer's answer to the question: banking license
Hello! An organization (any, not only OJSC) that does not have a license to carry out a banking operation does not have the right to issue a loan. You can formalize the relationship with a loan agreement.
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Is a collection agency required to have a banking license?…
Question for a lawyer:
Hello! Please tell me if the bank has the right to sell the loan agreement ( agency contract, assignment agreement) to a collection agency without my consent? Is a collection agency required to have a banking license? Thanks!
Lawyer's answer to the question: banking license
Yes, he has the right.
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Can a bank transfer a loan debt to an organization that does not have a license to carry out banking activities ...
Question for a lawyer:
Good afternoon. Can a bank transfer a loan debt to an organization that does not have a license to carry out banking activities
Lawyer's answer to the question: banking license
Maybe, if it is stipulated by the loan agreement
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What other information do you need to find in order for the bank to lose its license for the right to carry out banking activities? ...
Question for a lawyer:
Does OJSC First Collection Bureau have a banking license?
Lawyer's answer to the question: banking license
There is no license and should not be, this is not a credit institution.
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Lawyer's answer to the question: banking license
Hello! OAO First Collection Bureau does not have a license
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The bank where I took a loan had their license revoked. According to the contract, they were supposed to provide me with information within a month ... Question to a lawyer: The bank where I took a loan had their license revoked ...
Was there an activity in this case related to the legal regulation of public relations? ... Question to the lawyer: The director of Yantar LLC Maklakovsky issued an order in which he established: ...
Is there a risk of the landlord’s activities being completely re-qualified as OSN as leasing premises for a store?
And one more thing - what authority supervises the activities of insurance companies? ... Question for a lawyer: My wife received a 2nd disability group Insurance Company asked for all sorts of documents...
How to pay a loan to a bank with a revoked license, twice the money was returned .... Question to a lawyer: How to pay a loan to a bank with a revoked license, twice the money was returned. What are the last…
Most borrowers have long been aware of the existence of collection agencies.
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Banks often get rid of overdue debt by selling it to collectors. Consequently, the new creditor acquires all the rights and obligations of the previous lender and has the right to demand the repayment of the debt. The procedure for voluntary or forced collection of debts is regulated by regulatory legal acts. Therefore, it is necessary to understand in more detail what rights the collectors have and how legal the activities of collection agencies are as of 2019.
Law innovation
The main legislative reform is the legalization of bankruptcy of individuals (Chapter 10 of the Federal Law "On Insolvency ..."). The bankruptcy of a citizen began to operate from 07/01/2015. Almost any interested person has the right to initiate the consideration of the case on his insolvency in arbitration court. The only condition is the presence of an overdue debt in the amount of 500 thousand rubles, which the debtor is unable to repay. The delay in repayment of loans must be at least three months.
As part of the bankruptcy procedure, it is allowed:
- Conclusion of a settlement agreement.
- Debt restructuring.
- Sale of property.
The essence of the settlement agreement is to find a compromise between the creditor and the debtor.
If the parties to the agreement find a way out of the current situation, guaranteeing the repayment of the debt and the court approved this transaction, then the bankruptcy case of the citizen is terminated. If we talk about restructuring, then the main factor here is the preparation of a plan that includes the procedure and timing of debt repayment. Deadline debt repayment should not exceed three years. The accrual of interest after the approval of the debt repayment plan is terminated.
This best option for an indebted borrower. As for the sale of property, such decisions are made by the court if the previous two options do not suit the participants in the trial. The sale of the debtor's assets will be aimed at commensurate satisfaction of creditors' claims. At the same time, not all of the borrower's property is subject to sale (Article 205 of the Federal Law "On Insolvency ..."). For instance, real estate, which is the only housing of the debtor and acts as a pledge, is not subject to sale.
Forms of documents to be submitted to an individual when applying to the court, approved by order of the Ministry economic development of Russia No. 530 "On approval ...". By adopting a law, the state tries to balance the interests of creditors and borrowers as much as possible. However, such reforms may not be to the liking of all lenders or collection agencies. As practice shows, the bankruptcy of debtors does not cover all existing debt, which means that creditors will have significant losses. However, the law prohibits a citizen from initiating a repeated bankruptcy within five years from the moment he was declared insolvent (Article 213 of the Federal Law “On Insolvency ...”).
Collectors - is it legal or not?
The question of the legality of the activities of collection agencies has been discussed for more than one year. At first glance, it might seem that some regulations regulate it differently. But, upon careful study of the legislation, it becomes clear that collection agencies are actually the new creditors of the borrower.
Consequently, if the procedure for the assignment of the right to claim is not violated, then the activities of the agencies are recognized as legal.
The procedure for voluntary repayment of debt to a new creditor is no different from repayment of a loan in favor of a previous lender. The only difference is that the transfer of money occurs to the account of another legal entity. Usually, the details of the new creditor are reported by the bank that has withdrawn the right to claim. However, the assignment letter credit obligations the debtor can also be sent by a collection agency. In this case, the debtor may demand from the collector a copy of the agreement on the assignment of rights (Article 382 of the Civil Code of the Russian Federation).
Separately, it is worth recalling that the consent of the debtor to assign the debt is not required. But, if the loan agreement contains such a clause, then the loan must obtain the consent of the borrower. Violation of this condition is the basis for recognizing the assignment agreement as illegal. It is enough for the debtor to submit statement of claim to court. If the assignment of the right to claim occurs within the framework of enforcement proceedings, then the loan is released from the need to coordinate its actions with the debtor. The lender only needs to notify the borrower of the conclusion of the contract. Until the notice is provided, the debtor may not fulfill its obligations to the new creditor (Article 385 of the Civil Code of the Russian Federation).
The parties can also conclude a tripartite agreement, which will display:
- subject of the contract;
- the basis for the transfer of the right of claim;
- consent of the parties to the assignment agreement.
A similar legal position is reflected in the explanations of the Supreme Court (case No. 89-KG15-5). Higher Judicial authority pointed out that if the debt is confirmed by a court decision on the basis of which the performance list, then the lender has the right to assign the debt. According to the board Supreme Court this does not contradict Article 52 of the Law “On Enforcement Proceedings”. The link here is the decision of the bailiff, which is issued on the basis of a writ of execution.
The document must indicate:
- the name of the court that issued the writ of execution;
- case number;
- the date of the judgment;
- the date when the judicial act entered into force;
- statements about the lender and the debtor;
- the operative part of the judicial act;
- date when the writ of execution was issued;
- seal of the court and signature of the judge.
Agency activity
The general consumer understands more clearly the phrase banking. The only association that arises with the word bank is the issuance of loans, the acceptance of deposits, the provision of services for the receipt of utility or other payments. If we consider the activities of collection agencies, the first thing that comes to mind is the knocking out of debts by illegal methods. However, this opinion has long been outdated.
Today, collectors operate exclusively in the legal field, but in the status of a creditor. Because today there are no separate regulations governing the activities of collection agencies. The credit agreement acts as a source of liabilities. Therefore, if the borrower applied to the bank for a loan and for some reason stopped repaying it, then he acquires the status of a debtor. As a result, the bank may engage in debt collection on its own or. The buyer is usually a collection agency. At the same time, the sale of debt is allowed only to legal entities.
Permitted tricks
Debt collection should take place exclusively within the framework of the current legislation. General order debt repayment is provided for by the terms of the loan agreement. Therefore, the borrower must repay the loan in accordance with the repayment schedule. But, if there is a debt, then in order to enter the usual loan repayment schedule, the debtor must first close it. After that, you can confidently make monthly payments, unless otherwise provided by the terms of the agreement.
If voluntary repayment is not possible, then the creditor must go to court. As a result of the judicial review, the creditor will be able to receive judgment and writ of execution. With these documents, the collection agency can contact the bailiff service. Consequently, further debt collection will be carried out by the state. A collection agency can be a party to enforcement proceedings and monitor developments within the law.
If the debtor has property that is the subject of a mortgage, then it may become the subject of public auction.
An exception is the property provided for by Article 446 of the Code of Civil Procedure of the Russian Federation.
This includes:
- A dwelling that belongs to the debtor and is his only residence.
- The land plot on which the dwelling specified in the previous paragraph is located.
- The vehicle required by the debtor due to his disability.
In this case, the debtor may apply to the court for an installment payment of the debt. However, such an appeal is relevant if the debtor really plans to repay the debt, and not just trying to delay the process of selling his property.
Activities under the ban
The standard set of actions of most collection agencies includes:
- system distribution of SMS messages;
- regular phone calls;
- sending letters;
- visiting debtors at home;
- debt restructuring;
- drawing up a loan repayment plan;
- filing a lawsuit in court.
The specified list of actions does not contain anything illegal. However, if the collection agency begins to abuse the listed actions, then this can be regarded as extortion (Article 163 of the Criminal Code of the Russian Federation).
Attempts by the lender to make contact with the borrower should be aimed solely at returning the money invested within the framework of the law.
Therefore, borrowers should remember that the contract is the basis for voicing claims on the part of a new lender. If the debtor deliberately evades negotiations and categorically refuses to repay the debt, then the agency can apply to law enforcement agencies with a statement of fraud (Article 159 of the Criminal Code of the Russian Federation). Criminal liability threatens the borrower only if he did not initially plan to repay the loan. Failure to fulfill obligations can lead to an increase in the amount of debt. Calculation of interest on loan agreement will occur even when debt collection will be handled bailiffs. Termination of obligations occurs only after full repayment debt.