Can collectors come. Can collectors come to work for the debtor? Collectors behave rudely, threaten

Banking system Russia is far from perfect. The problem is that lending with a 100-overpayment in the long term will not improve the financial situation of any borrower.

High interest rates, penalties and fines, as well as collector visits are far from full list what you will have to face after applying for a loan.

Rather a stick than a carrot

There are many methods and techniques that lenders use to receive loan payments in full. Most of them can be called moderate psychological pressure.

But sometimes banks resort to the services of collectors who use the following methods:

• regular threatening calls to debtors, their relatives and colleagues;
• overestimation of the total amount of debt;
• visits to the place of residence;
• mailing letters demanding immediate repayment of the loan;
• inclusion in a personal conversation or the text of the requirement of references to the norms of the Criminal Code of the Russian Federation;
• backed by threats, offers to relatives or friends regarding payment of the debt instead of the debtor.

Usually bank employees try to "scare" the debtor within the framework of the law. They speak strictly, often operate with the norms of various legislative acts, obsessively offer to lend money or attract relatives to pay for a loan. Their communication, be it live, telephone or facsimile, should be fearful and every borrower should know that this art is specially taught.

Collectors operate similar to bank security officers, but they do not pay attention to the law. This is quite simply explained: collection firms operate and exist outside the law.

No one normative act does not define who the collectors are and how they should work. If a bank employee begins to threaten the debtor with physical violence, then he will be imprisoned, and financial institutions in which he works, there will be big problems with the law (up to the revocation of the license).

It is not profitable for banks to use threats against debtors directly, and therefore they cooperate with collection firms, which are a ghostly phenomenon in the modern credit system.

What to do with the collectors that come home?

Whether or not to receive "guests" sent by the bank is an exclusively private affair of the debtor and his entourage. The constitutional right to secrecy and inviolability of private life has not yet been canceled (Article 23 of the CRF).

If the debtor, nevertheless, decides to talk at home with the collectors, then he should get the most out of this. Usually, visitors explain their appearance at the doorstep of the debtor's house by the fact that he and the contact persons did not answer calls, and this is a prerequisite for registering the debtor on the wanted list and visits to his home. The accrual of large fines and inaccurate statements in the loan application are also mentioned.

The debtor needs to decide: does he just want to get rid of calls and visits, or justly punish creditors for abuse of power?

The first option is the simplest. In the correct form, it is necessary to explain to visitors that the borrower and contact persons are answering the calls (the method of response does not matter) and this can be confirmed by many witnesses.

Search is possible only if the person is a criminal or is suspected of committing a crime. It is necessary to ask a question as to what the debtor is suspected of, on the basis of which document the search activities are carried out and whether a case has been opened against him.

There are cases when, during a visit to the home of the debtor or his relatives, the collectors insist on a direct conversation, arguing that they are conducting a pre-trial investigation. The borrower should be aware that any investigative actions are permissible only after the opening of a criminal case. The pre-trial investigation is carried out in the form of a preliminary investigation and inquiry (Article 150 of the Criminal Procedure Code). With regard to the establishment of the fact of fraud, an inquiry is carried out by investigators of the internal affairs bodies (Article 151 of the Code of Criminal Procedure of the Russian Federation).

Thus, even the employees of the bank's security service are not allowed to conduct an inquiry, not to mention the collectors, which exist semi-legally. Even on the basis of this, any conversation with visitors can be stopped.

Inquiry is possible only after a criminal case has been initiated (Articles 140-145 of the Code of Criminal Procedure of the Russian Federation). This means that you can ask the visitors about who is leading him or simply refuse to communicate without a lawyer.

Communication model

In the situation when the employees of the collection companies began to visit the debtor, his main task is to choose the correct model of behavior. And in order not to be mistaken with him, you need to evaluate the actions of the visitors in each individual case.

If the collectors begin to refer to false statements that were indicated by the debtor for obtaining a loan, you must answer that all contacts are real and this can be confirmed without delay by calling the phone number.

With regard to income, it should be emphasized that certificates are already being drawn up confirming the fact that the amount specified in the questionnaire has not been exceeded. Thus, visitors will not be able to appeal to Article 159.1 of the Criminal Code of the Russian Federation.

The crown of the explanations on the part of the borrower should be a notification that home visits and calls to the debtor, as well as to those close to him, are in violation of Art. 23 CRF and if the bank does not stop abusing its rights, the debtor will apply to the court for the protection of his rights.

The second way may seem even easier. It is enough to do the following:

• buy or borrow a voice recorder;
• hide the switched on dictaphone under clothes before meeting with visitors;
• do not argue with visitors and ask as many questions that come out of their speech;
• say goodbye and prepare an appeal to the court or prosecutor's office.

But the algorithm of actions prescribed above makes it possible to obtain irrefutable evidence, and not to achieve justice. After the conversation with the collectors is recorded on tape, you can go to court with a claim for violation of privacy.

If there is a record with such serious and groundless accusations, you can also simultaneously file a lawsuit in court regarding the protection of your honor, dignity and good name (Articles 21, 23 of the CRF).

Counteraction to forceful methods

It will not be difficult for the collectors to appear at the debtor's house in the form of police officers or special forces with demands for a search. This is pure masquerade. The debtor may even be shown a certificate and name a real law enforcement officer, but this does not mean that it is worth letting dubious visitors into the living quarters.

In order to avoid the penetration of collectors into the house, one must remember that no one can enter private housing without a court order.

If we are not talking about criminals who have committed a criminal offense, but about bank debtors, then penetration without the consent of the owner can only be carried out by bailiffs, but, again, in the presence of a judge's order.

Without a court decision in the case of declaring an individual bankrupt, no enforcement proceedings can be initiated, which means that neither the bailiffs nor the police will ever come with the demands for a search. This is only the tricks of the collectors, so the debtor must immediately call and summon the real police.

Collectors also love to scare and give advice not only to the debtor, but also to his immediate environment. These can be friends, relatives, co-workers, and just contact persons. At the same time, they try to humiliate him in the eyes of those around him, calling him a swindler who faces imprisonment. This is all psychological pressure, the purpose of which is to receive money, if not from the debtor, then from his relatives. The crown of such pressure will always be the phrase: "Could you pay for it?" This is what the whole frightening conversation boils down to. Extortionists in this way try to independently and illegally find guarantors.

It should be noted that the close circle of the debtor has much more opportunities to protect their rights. Not only do banks have no right to cross the line by invading personal life strangers with threats and accusations, but they also were not allowed to put forward demands for payment of the debt to the relatives of the borrower, who were not involved in the loan agreement in any way.

This is just blackmail. And even if the very offer to pay was unobtrusive, then a conversation with threatening and humiliating notes makes it possible to contact the police and the prosecutor's office with a statement of extortion.

Confuse the collector

In order to more intimidate the debtor, the collectors often use not only threats, but also accusations. It must be said that threats even for them are an extreme measure used in the event that the debtor can reflect the charges brought forward.

What is most commonly used? No doubt allegations of fraud. Therefore, in order to confuse the collector, you need to be aware of what can qualify as fraud. theft of funds by the borrower by providing the bank with knowingly false or inaccurate information is considered.

The sanction of Article 159.1 provides for the following types of punishment:

• fine of 120,000 rubles or salary for 1 year;
• compulsory work for up to 360 hours;
• correctional labor for up to 1 year;
• restriction of liberty for up to 2 years;
• forced labor up to 2 years;
• arrest for up to 4 months.

The most serious punishment is restriction of freedom, but the courts rarely apply it, because banks are interested in the fact that the loan amount is returned to them as soon as possible.

If the debtor repays the loan as much as possible, albeit not in full, then this can no longer be regarded as fraudulent theft.

The article on fraud may be applied in the event that the debtor indicated false information in the application for a loan.

If the borrower did not overestimate the income and the phone numbers of the contact persons are valid, then no one on the part of the lenders has the right to raise the issue of fraud. On their part, an unsubstantiated accusation will be a common slander, which can be got rid of by filing a claim for the protection of honor and good name.

The debtor has the right not to answer calls, like his relatives, but this cannot be qualified as fraud. It is enough that the numbers indicated in loan agreement will in fact belong to the borrower and contacts.

To pay or not to pay?

Regardless of how bank employees or collectors behave, financial liabilities the borrower is completely different and they have nothing to do with extortion, blackmail or hooliganism. Not a single court will relieve the debtor of the obligation to pay off the debt, even if it issues a verdict against the unlawfully acting collectors.

On a personal visit home

Employees of collection firms can demand payment directly during a visit to the borrower's home. As an option - come to assess the property in order to draw up a list of material benefits that will be sold to cover the debt to the bank.

Collectors can be assured that the healed value or the money received will be used to pay off the debt. They can even issue a receipt.

But this does not mean that the next day, after the visit, the debtor will not be called with new demands for payment of a fine or a penalty for delay.

The debtor must understand: it is better not to let the collectors into the house at all, and there can be no question of paying them anything.

Does it make sense to pay off the debt at all?

The financial obligations that the debtor has undertaken to the bank must be fulfilled in any case. And even the death of the borrower does not end their existence.

You will have to pay off the debt.

You can do this at the branch of the bank that issued the loan, or you can take advantage of the advantages that the Federal Law "On the Insolvency of the Debtor" gives borrowers. From October 1, 2019, amendments entered into force that make it possible for individuals to get rid of the string of penalties charged by the bank by recognizing their own.

The debtor can choose the method of repayment of the loan debt, as well as achieve the cancellation of almost the entire amount of penalties. But regardless of the legality of the actions of bank employees and collectors, the amount of the principal debt will have to be paid in any case.

Collectors do not hesitate to use the toughest methods of knocking out money. They can find you on social networks, call your work, come to your home. Usually they do not show the required documents, do not try to find a reasonable compromise, but immediately go over to pressure and threats.

If the collectors came to your home, then first of all you should remember that these people cannot do anything to you. They have no right to even enter without your invitation, much less demand your property or threaten you. Moreover, all these steps will be a crime on their part. Collectors are well aware of this, and their "assaults" are designed for those who do not understand the legislation. It is enough to demonstrate knowledge of your rights, and the intruders immediately release the pressure.

Here are the basic principles that you need to adhere to if collectors come to your home:

• Remember, you don't have to communicate with these people. Until there is a court decision, you can not give your money, so any pressure on you is a crime, extortion. And even after the court has passed a decision, it should be executed by bailiffs, but not by the collectors. In general, if guests are being rude, threatening, or simply showing disrespect, end the conversation and close the door.
• If the collectors try to force open the door, enter the apartment, or simply do not want to leave, call the police. As a rule, it is enough to take the phone in hand, and those who come to you already begin to behave much more restrained. In any case, you can summon an outfit simply by describing the situation: “Unknown people came to me, they are pounding at the door, extorting money, threatening”. Do not be afraid of the police, the law is on your side, answer any questions: "All through the court."
• If the collectors behave correctly, are not rude, it is better to try to find out the details of what is happening. First of all, you need to demand documents: who they are, whom they represent, on the basis of which they act, how they are related to the creditor bank. It should be remembered that only originals of documents or notarized copies can be trusted.
• When communicating with collectors, it is necessary to record every step: take photographs of documents, record conversations on a dictaphone (both can be done using modern phones). Even if this information is not useful later, the thought of an audio recording will make guests behave more discreetly.
• No matter how the communication develops, do not pay anything to the collectors, especially if we are talking not only about the main debt, but also about interest and penalties. First, you are unlikely to be able to correctly record the transfer of money. Secondly, it is in your interests to bring the case to court, which in any case will not increase the amount of payments, but with competent defense can significantly reduce it.
• If the total requirements are not high (several tens of thousands of rubles), you can not speed up the development of events and try to release the situation "on the brakes". Perhaps the collectors will not go to court, since their costs in this case may not cover the final benefit. As a rule, in this case, it is enough to show the necessary firmness in communication, and the uninvited guests will lag behind you after a while, so that the problem will disappear by itself.
• If the amount of claims against you is large enough (more than 50 thousand rubles), then it will not be possible to release the situation "on the brakes". Until the collectors get the money, they won't stop pushing you. Most likely, the case will end in court, and without professional protection you have little chance of a favorable outcome. Probably, the court decision will confirm the claims of the collectors, and then the bailiffs will take care of you, which means the seizure of property, withholding of part of the salary, and so on. This outcome can only be avoided if your interests are protected by a professional lawyer.

The final recommendation is as follows: there is no need to be afraid of collectors, they will not do anything to you, but you cannot ignore problems with credit either. If you do not feel confident in your abilities, you can come to an appointment with a loan attorney. In our office, full-time consultation of a lawyer is paid, you can check the cost by phone.

If borrowers familiarize themselves with the current legislation, they will be able to learn how to behave correctly if collectors come home.

General information

Collectors are individuals who specialize in "knocking out" debt on loans. In most cases, they work for agencies that operate in accordance with the laws of the Russian Federation.

Their earnings directly depend on how much money they were able to collect from the debtor. That is why they make every effort to force the insolvent borrower to meet financial obligations.

Rights and obligations

Federal legislation of Russia (Law on loans or consumer credit No. 353), the rights and obligations of the collectors are clearly defined.

• notify in writing individuals on the presence of debt under the credit program;

go to court with statement of claim on debt collection;

Can collectors come home without a court order?

Collectors can come to the home of the debtor only if the loan agreement contains a clause on the bank's right to empower third parties to collect debts.

In this case, employees of collection agencies can visit individuals at home or at work.

It is worth noting that collectors can only bother debtors on weekdays, from 8 am to 10 pm.

How to behave correctly?

Free legal advice:

1. If the collector calls, you need to find out and write down his full name and the name of the agency (or financial institution), whose interests he represents.

Try to record the entire conversation on a dictaphone or other device, but you definitely need to warn your opponent about your intentions.

When meeting with collectors, which is recorded by recording devices, the debtor must speak clearly and distinctly so that in the future every word can be heard on the tape.

What not to do?

If individuals do not want to face serious problems that the employees of collection agencies can provide them, they in no case need to try to persuade them to wait or postpone debt repayment.

Lawyers and law enforcement officers do not recommend debtors to enter into discussions with collectors.

This can lead to the following consequences: windows will start to break, doors or property left unattended will be set on fire, tires will be removed from vehicles, etc.

Free legal advice:

Can they come home with a precinct?

Collectors have no right to involve law enforcement officers in their work.

If they say that they will soon pay a visit with a district police officer, then borrowers should not be afraid of their threats.

Collectors, in order to exert psychological pressure on the debtor, can come to his house in police uniform.

In this case, they violate Federal law and the borrower has the right to complain about their actions.

What if you came home to your relatives?

Collectors have no right to bother the relatives of an insolvent client of a financial institution, much less come to their home.

Free legal advice:

If the employees of the collection agencies nevertheless decided to pay a visit to the relatives of the borrower, then they do not need to enter into polemics with them, but immediately call the law enforcement officers.

How to behave if threatened?

If the employees of the collection agencies paid a visit to the debtor, and during the conversation began to exert psychological pressure, he needs to know how to behave correctly.

First of all, the borrower should tell uninvited visitors that he will call the law enforcement agencies this very minute and call the police squad.

Usually, it is enough to mention the employees of law enforcement agencies in order to quickly moderate the "ardor" of the collectors.

If, nevertheless, the debtor had to call the police at home, then in most cases, by their arrival, the visitors leave his home on their own.

Free legal advice:

According to available statistics, such visits to non-paying borrowers leave them an unpleasant "aftertaste", and in order to prevent repeated visits, they write complaints to various government agencies.

How to get a loan secured by real estate in Raiffeisenbank, read here.

Where to complain?

If the collectors began to exert psychological or physical pressure on an individual or his family members, he should immediately contact the law enforcement agencies.

The borrower can, without leaving home, call the police squad and write a statement on his offenders on the spot.

Individuals can apply to the following authorities with a complaint about illegal actions of collectors:

Free legal advice:

• to the prosecutor's office;
• to the police;
• to the reception of the Central Bank of Russia;
• to Rospotrebnadzor.

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What to do if collectors come home

There are more and more cases when credit debts are given to collection agencies. People who first encounter the work of such organizations usually do not understand how to behave. Seeing unexpected guests on the doorstep, they wonder what to do if the collectors came home? It is better to try to figure out who they are and develop the correct strategy for behavior.

Collectors - who are they

From English, the word collector can literally be translated as "collector". These are entire organizations or individual professionals whose activities are reduced to stimulating debtors to pay overdue bills. Banks, housing departments, insurance and other companies that cannot independently cope with a large number of defaulters turn to their help.

The working methods are very different. These are calls, personal meetings, warning letters. There are so-called black collectors, whose activities are threats, surveillance, psychological pressure or even physical violence.

Free legal advice:

People specially trained in collection techniques do everything in cold blood to bring the client out of psychological balance and force him to pay back the debt. Collection agencies are usually transferred to defaulters, whose debt exceeds 4 months. With large overdue loans, over 200 thousand rubles, organizations often independently go to court.

What collectors can and do not have the right to do

The activities of collectors are limited by laws. For example, on frequent question, whether the collectors have the right to come home to the debtor, there is an answer: yes, but only if there is a clause in the loan agreement, according to which third parties can control payments. It is only necessary to notify the defaulter about this in advance. The owner of the apartment may well not let them in, and it is forbidden to enter the dwelling by force. Collectors are not officials and do not have the rights bailiffs or the police.

What collectors can do:

• call during daytime (working) hours and inform about the existing debt;
• invite for a polite conversation;
• to come home or to the place of service to the debtors. Basically, this is done to assess the client's solvency or to unbalance, intimidate, so that the loan is repaid as soon as possible;
• go to court.

What they have no authority to do:

• call at night;
• disturb public peace (all loud conversations in crowded places and other attempts to attract the attention of outsiders are unreasonable);
• deceive and address on behalf of the court, prosecutor's office or police;
• threaten, behave rudely;
• not promptly notify about a visit to the home of the defaulter;
• humiliate, insult the client;
• disseminate debt data to third parties (including relatives);
• commit physical violence or damage to property.

How to prepare for a collector visit

Even at the stage of the first phone calls, experienced collectors study the client. When communicating, it becomes clear how a person is legally literate, what he is. Based on this data, a strategy for further actions is being developed. Collectors do not like to work with competent debtors who are clearly aware of their rights and who are not hurt by threats. This makes their work very difficult.

Free legal advice:

How to behave when collectors call by phone:

1. It is advisable to record the conversation, warning the interlocutor about it. After that, this can become evidence of illegal actions, for example, threats or blackmail.
2. It is imperative to immediately find out the full name, position of the employee and the name of the collection organization, present a loan agreement, documents. This is necessary so that when possible problems ah there was someone to make a claim.
3. Behave in a polite and cool manner. You cannot show fear, it is easier to intimidate a timid client, and the apparent defenselessness afterwards will provoke the collector into rudeness and illegal actions.
4. Clearly delineate boundaries, communicate correctly, but do not allow agency employees to express insults or get into personal life.

After notification of the imminent visit of employees, it is worth considering whether you want to let the collectors into the apartment or leave them outside the door. It is necessary to analyze the behavior of employees on the phone. If there were harsh words or threats, you need to protect yourself from entering your home.

It is necessary to identify your weaknesses, pain points in order to be prepared in advance for possible difficulties. This will allow you not to lose your cool when visiting the collector. It is advisable to ask friends, relatives or spouse to be present during the visit before visiting. Witnesses will not be superfluous in the event of unfair assault, rudeness or possible physical violence.

Any communication with agency employees must be voluntary, they do not have the authority to force them to visit or talk on the phone. Pressure exerted, frequent visits at work, involvement of third parties or threats can be legally classified as extortion.

How to behave during the visit of the collectors

It must be remembered that the collector's visit is not binding. Of course, it is better to pay off debts on time, but a loan delay is not at all a reason for fears for your life, safety or the integrity of property.

It is necessary to indicate to employees in their place if they overstep the boundaries of their own authority. The debtor does not owe anything to a specific employee. Of course, the collector's job is to coerce or psychologically pressure a person so that all bills are paid. Agencies' income depends on the amount of debts paid, this is their job. However, it is possible to firmly delineate the boundaries and not allow the collectors to get personal.

When visiting collectors, you should behave calmly, with restraint, in cold blood. Controlling your emotions will help you clearly remember what is happening, think over your actions. It will be more difficult for employees to intimidate or throw the person off balance. The conversation should be conducted strictly to the point. No need to give out personal information. Tell about your financial condition it is better to be frank, benevolent, and at the same time behave with dignity.

You cannot ask for any leniency. Collectors will not meet exactly halfway. If the agency's employees become aware of any weaknesses, they will definitely take advantage of it. For example, when a debtor asks not to report a debt to relatives, colleagues, or fears for the condition of his loved ones, this easily becomes a reason for blackmail.

Do not be afraid of threats from Articles 177 or 159 of the Criminal Code of the Russian Federation. It is very difficult to prove that a person is not paying maliciously or is a fraud in the event of a loan debt. Especially if in personal credit history there have already been moments when a person paid off a debt in good faith. These clauses apply in the most severe cases where the defaulter did not pay the bills with the explicit purpose of making money.

Possible behavioral strategies

When dealing with collectors, there are several rules of conduct that are common to any communication strategy. In order to fully protect yourself, you need:

Free legal advice:

1. Record what is happening on a voice recorder or camera mobile phone... Only about the record should be immediately warned, only in this case it will be evidence of illegal actions during the investigation or in court. Hidden records will not be of such value.
2. Do not communicate with a collector who did not give his name and other data to his position. A fraudster may come disguised as an agency employee. In case of refusal, you should contact the prosecutor's office or the police.
3. If possible and in cases where a person is afraid of such visits, it is worth hiring a good lawyer. He will take over all the unpleasant negotiations and work out the right defense strategy.

Problems when visiting collectors:

1. Attempts to enter homes by force are absolutely illegal. A call to the police will help you decide.
2. The collectors came with a policeman. Gross violation of the law. It is necessary to record all the details of the visitors and contact the prosecutor's office. Both the agency and the official will be punished.
3. Threats, disrespect. Immediately end the dialogue and invite them to resolve all issues in judicial procedure... Contact the police if necessary.
4. They make you pay money immediately on the spot. Extortion is taking place. The debt must be repaid exclusively through the bank.

For effective work, collectors come up with new collection tactics. This allows them to catch the debtor by surprise. Non-payers also need their own strategy in order to prevent possible difficulties and not get too lost from attempts at psychological pressure. A clear plan will allow you to think more clearly and not do anything stupid.

Retaliatory threats

They help in cases of unlawful rudeness in communication on the part of the collectors. In response, you do not need to be rude, but you should act confidently, not be afraid to stand up for yourself. With this tactic, you cannot show your weakness or timidity. Actions must be clear, statements harsh, but you must not insult. This tactic can put an overly arrogant employee in place.

Unexpected expression of emotion

In response to psychological pressure, you can deliberately give out a very emotional reaction. Naturally, such behavior should be feigned, inside it is better to remain absolutely calm. Unexpected laughter, tears, or hysterics can confuse the persistent collector. There is no need to be afraid to seem inadequate - it is quite profitable to be branded as strange in the eyes of an agency employee. Sometimes visits are stopped after such a reaction.

Experienced lawyer

It will work when the collector has less legal knowledge than his client. You can often use specialized terms in a conversation, demonstrate a good knowledge of the laws. Such a strategy will help protect against illegal actions, make the collectors as correct as possible in the conversation. It is not recommended if you have little knowledge or inability to correctly express your thoughts.

Free legal advice:

Refusal to communicate

Just do not open doors for employees, do not respond to phone calls, and avoid face-to-face meetings. This tactic is good when extra time is needed to correct. financial position and deal with payments.

When choosing any tactic, it is worth remembering that the difficult work of the collector is not the reason for the insults of the agency employee during execution. Correct behavior on the part of the client will help to avoid many problems. Only one must not go too far and curry favor with collectors, instead of understanding, this can cause abuse, cheeky behavior or even rudeness. A golden mean is needed here - benevolence, confidence, self-control - this is the best strategy.

It is best to wait for the court when transferring the debt to a collection agency. This will help avoid overpayments and markups from a third-party organization.

Scammers disguised as collectors

Sometimes, instead of real agency employees, completely different people can knock on the house. Basically, they come to illegally withdraw money from a client or evaluate a person's property for further theft. Fraudsters are distinguished from collectors by a number of signs:

• refusal to present documents, unwillingness to introduce yourself;
• do not adhere to the legislation, violate the boundaries of the collectors' powers;
• pretend to be police officers, bailiffs;
• obvious reluctance to constructive dialogue, rudeness, cheeky behavior.

When faced with such violations, it is worth calling the police immediately. It is categorically impossible to let such scammers into the home - it is easy to lose property or even be physically attacked.

conclusions

Agency employees do not have the authority of officials (bailiffs or police officers). Can collectors come home without a court order? Only if there is a clause in the loan agreement on attracting third parties to debt collection, but they need not open the door. Correct, cold-blooded behavior will be the best defense against possible problems. It is worth being afraid of fraudsters, knowing the limit of the powers of the arrived employees.

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Free legal advice:

Do collectors have the right to come home to the debtor

Once in the calm and measured life of an ordinary man in the street some strangers invaded, who often began to call on the phone with threats and to catch up with fear.

Who are they? Bandits? What right do they have to behave like that? First of all, in order to understand this, you need to remember which debts or loans have remained unpaid. Are there loans that are not closed? So these people are collectors.

Collectors are individuals who earn money by collecting debts. They are usually employed by an agency. They are not bandits, this business in Russia is completely legal, albeit new. Work here experienced lawyers, financiers, psychologists and security guards. They act in different ways, quite often going beyond the legal framework, because their earnings are based on how much money they can get from the debtor.

Unpaid loan

The situation when credit bills are not paid on time is quite common today. Whatever the reason for this, for each day of delay in payment by the creditor banks, a considerable penalty is charged.

Free legal advice:

In case of slight deviations from payment schedules, bank employees remind the debtor of the unpaid loan installment by phone. If, after a telephone conversation, the borrower does not pay the loan debt, the case is transferred to the bank's security service. An unpaid loan can lead to litigation, fines and, as a result, an increased amount of debt.

In cases where the delay in payment is more than three months, more stringent measures may be applied to the citizen.

The choice of the measure that will be applied to the defaulter depends on the type of loan and its conditions.

Can be used as collateral real estate borrower. In this case, the bank starts a lawsuit against the borrower. As shows arbitrage practice for 2017, in most cases the borrower's apartment or cash from its sale they become the property of the bank.

If the loan was issued without collateral, then judgment can be as follows: any valuable property sold will serve as compensation for the loan debt. And the main value for most people today is an apartment. In this case bailiffs are to the debtor for the purpose of describing his property.

Free legal advice:

This entire procedure is most often carried out not by bank security officers, but by collectors.

Why do they transmit?

Banks transfer their clients' debts to collection agencies in order to improve the efficiency of their liquidation. The fact is that early transfer of debt to banks is much more profitable than solving this problem on its own.

Getting rid of bad credit, the bank reduces unfavorable statistics.

Indicators such as overdue loans downgrade the bank's rating. This means that the bank will have much lower income.

The transfer of debt to collectors relieves the bank from the need to collect it on its own, that is:

Free legal advice:

• keep a staff of lawyers;
• pay legal costs and state fees;
• control the entire process;
• monitor the actions of bailiffs.

The main benefit for a bank that has sold a debt to a collection agency is getting real money immediately. In the case of independent decision problems the bank can easily lose money. For example, in cases where it turns out that the debtor does not have any property and does not officially work anywhere. The bank may never receive any money from such a debtor.

The bank transfers the debt to collectors on the terms of sale or for a commission, which can be up to 40% of the debt amount. In the event of a sale, the debtor will have to deal with a completely different creditor. Is this legal? After all, the bank should not disclose the secret of the deposit to third parties.

When making a loan agreement, the majority banking clients study it superficially. And in many standard contracts it is written that the borrower gives his consent to the transfer of data on the loan to third parties. Third parties in this case are collection agencies.

The boundaries of what is permitted

Collectors act professionally, they cannot be mistaken.

Usually, their actions take place in three stages:

1. Communication at a distance.
2. Oral and written threats.
3. Debtor contact.

Remote communication consists of calls to the debtor, letters and even SMS. At this stage, the debtor is reminded of the debt and asked to find a way to pay it. In parallel with these actions, the agency makes inquiries about the debtor, his true income, family and the reasons for the delay in the payment of the debt.

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Then, simple communication is replaced by threats in the form of letters with notices of the arrest of all the debtor's property.

The actions of the collectors are so active that they can easily overstep all legal boundaries, for example:

• Use insults and obscene expressions in letters and SMS.
• Apply direct threats and physical pressure to the debtor.
• Demand an urgent inventory of all property or the transfer of the debtor's valuables to them.
• Call at night.

Reduction payments include multiple payments. Read more in the article.

Do collectors have the right to come home to the debtor?

Very often, the collector's visits to debtors are carried out in order to humiliate his dignity and tell the public about his debt. There are situations when they come to the debtor for work and find out the circumstances of the case there. Or after their visit, posters with demands to pay off the debt remain at the entrance or on the door of the debtor's apartment. Can you protect yourself from these actions?

From the point of view of the law

The legislation establishes the rights of collectors, with whom creditors enter into agency agreements to recover debts. According to Article 15 of Federal Law No. 353 on loans or consumer loans, collectors have the right to contact debtors. Namely, to call, come to an individual or legal entity that owes a loan.

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The methods permitted by law include the following actions of collectors:

• Reporting a debt in writing or by phone call.
• Debt repayment demand.
• Submission of a claim to the court for debt collection.

On practice

As for the practical actions of collectors, they are not always legal. For example, constant calls with the threat of coming to the office or at home to the debtor of the capture group.

The debtor does not know how real these threats are, so they fall under the article of the Criminal Code "threat to life and health." A defaulter may actually be afraid of this threat, and therefore, if he goes to court, the collectors face imprisonment for up to two years.

During a conversation on the phone, the collector can elicit information from the debtor about his location, monthly real earnings, and close relatives. Thus, the collector acts illegally on the basis of Article 137 of the Criminal Code, which mentions the responsibility for the collection and dissemination of personal information.

As for the disclosure of information about the debt to third parties, this is a violation of the law on the protection of personal data.

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If the collector comes to the debtor's home and demands to be admitted without the consent of the landlord, this can be regarded as illegal entry. And this is article 139 of the Criminal Code, violation of which can result in imprisonment for up to three months.

Complain!

When collectors operate in illegal ways, a citizen can file a complaint:

• through the Internet reception to the Central Bank of Russia;
• to the police;
• to the prosecutor's office;
• to Rospotrebnadzor.

A sample application to Rospotrebnadzor for the actions of collectors, see here:

To complain about illegal actions of the bank through the Internet reception to the Central Bank of Russia, you need to:

1. Go to the website of the Central Bank of the Russian Federation, choose an Internet reception, describe the situation with an indication of the law that was violated. For example, if bank representatives passed information about their client to collectors, they violated laws on bank secrecy, on the protection of personal data. In addition, the collectors also violate the rights of the debtor by committing various illegal actions.
2. Fill in your contact details and submit a complaint. A letter of acceptance of the complaint will be sent to the indicated e-mail address, which will be assigned a registration number.
3. After that, you need to do the same on the website of the bank that issued the loan, describing the whole situation exactly as in the complaint sent to the Central Bank of the Russian Federation and indicate its number.

After this letter, the illegal actions of the collectors in the form of intrusions, night calls, threats must stop. central bank will surely affect the collectors who have brought it to the point of proceeding with the complaint.

If the complaint to the Central Bank does not work, you need to file a complaint with the district prosecutor's office. Here you should state all the facts and refer to the violated laws. In cases of illegal entry into the apartment or threats, you can contact the police.

The most effective method fight against illegal actions of collectors - this is a complaint to Rospotrebnadzor.

This department considers the activities of collection organizations illegal. Perhaps this is the most active organization, which often initiates legal proceedings and takes the side of the debtor.

In order to properly draw up a complaint to Rospotrebnadzor, it is necessary to indicate in it:

• your data (address and full name);
• the full name of the organization against which the complaint is being made;
• legal and actual addresses of the bank or collection organization.

To send a complaint, you need to go to the Rospotrebnadzor website, select the “complaints” item, and find the topic in the list: “Poor provision of services by the bank”.

In the text of the complaint, you need to describe the situation in detail. For example, representatives collection agency(name) often come to the house, to work and call at night, they threaten with brutal reprisals. It will be more effective if you attach a printout of calls and recordings of the conversation with the collector, where threats are clearly heard, to the text of the complaint.

How the write-off is displayed accounts receivable in tax accounting? See the article.

Thinking of starting a law firm from scratch? Be guided by this instruction.

Collectors are often associated with violence and harsh psychological pressure, so their visit home can seriously scare the debtor. But it is important to know that after the adoption of the new law, the rights of this structure are significantly limited and they can no longer uncontrollably call and lie in wait at home.
In this article, we will look at how to act if collectors still appear on the doorstep.

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○ Legislative regulation of collection activities.

The actions of the collectors are regulated Federal law"On the protection of the rights and legitimate interests of individuals ..." dated 03.07.2016 No. 230-FZ (hereinafter referred to as the Law on Collectors). After the adoption of this law in early 2017, the rights of this structure were significantly limited.

Now the implementation of collection activities is possible only with the presence of an appropriate license, which can be easily verified via the Internet.

A legal entity acquires the rights and obligations provided for by this Federal Law for a person carrying out activities for the return of overdue debts as the main type of activity included in the state register, from the date of entering information about it in the state register and loses such rights and obligations from the date of exclusion of information O legal entity from state register unless otherwise provided by this chapter.
(Clause 1, Article 12 of the Law on Collectors).

Also, the law regulates the number of calls, messages and other means of communication that can be used by claimants. Any violations are grounds for the debtor's complaint to the relevant structures.

○ What rights do collectors have?

The main right of this structure is to verbally inform the debtor about the need to pay and the amount of debt. Information can be provided different ways, which are regulated by Article 7 of the Law on Collectors.

In accordance with this law, any interaction with the debtor must be carried out from 8:00 to 22:00 on weekdays and from 9:00 to 20:00 on weekends and holidays... If the claimant and the debtor are in different time zones, the time is set at the place of residence or stay of the latter.

✔ Calls.

In accordance with paragraph 3 of Article 7 of the Law on Collectors, the number of calls should not exceed:

• Once a day.
• 2 times a week.
• 8 times a month.

Each phone call must begin with the provision of information about the caller (full name) and the name of the collection agency that he represents.

✔ Meetings.

A home visit is an extreme measure of communication with the debtor if other methods do not work. In this case, the claimant must have evidence of preliminary attempts to communicate by phone or letters, as well as attempts to make an appointment on neutral territory. An unannounced visit is illegal, so you have the right to simply not let a visitor into your home.

✔ Post or email messages.

Collectors can also send mail, email, and messages to the phone. Their number should also not exceed once a day, twice a week and eight times a month.

All types of messages must indicate the details of the collector, and the letters sent must be written in a clear legible handwriting.

○ How to behave if collectors are on the doorstep?

Since the main method of influencing the debtor is psychological, the appearance of the claimant at the door should not be a surprise. In this case, it is important to act correctly in order to prevent further attempts of unauthorized visits.

✔ Can the debtor not open the door and not let the collectors into the apartment?

The debtor's house is his private property, the protection of which is regulated by Art. 35 of the Constitution of the Russian Federation. Therefore, you have every right not to let the claimants into the house if you do not want to communicate with them. Any attempted forced entry into the home will be considered a violation of the law.

✔ Inventory of the debtor's property by collectors.

Property inventory can only be carried out by bailiffs within the framework of enforcement proceedings based on the current court order... Therefore, the actions of collectors of this nature are also illegal and violate the right to private property.

✔ Audio and video filming of collectors.

If the collector nevertheless entered the house, despite your objections, you must immediately turn on the recording of his actions. These materials can be further used in court as evidence of the illegality of the actions of the claimants.

✔ Contacting law enforcement agencies.

If you see that the collector that appears on the threshold does not respond to your objections and attempts to enter the house, you should immediately call the police. Even if the claimant immediately left after the call, you should not cancel the call. The written protocol will also help to defend yourself in court if necessary.