Greetings! Over the nine months of 2016, the National Association of Professional Collection Agencies received about 2,700 complaints from borrowers. This is more than in the entire 2015!
At the same time, the percentage of complaints about threats to life and health, rough treatment and damage to property has dropped significantly.
Collectors began to behave more restrained and correct. But that didn’t make them love them any more. After all, many still easily cross the line of what is permitted.
First, let me remind you which ones you can safely complain to the authorities about.
Permitted actions of collectors
In essence, the activity of collectors comes down to one thing: to inform the borrower that the debt needs to be repaid. The collector can begin “processing” the debtor no earlier than four months from the date the loan became overdue.
What is a collector allowed to do?
- Make phone calls no more than once a day, twice a week and eight times a month. Calls must be made to the telephone number specified by the debtor in the loan agreement
- Meet with the debtor in person (once a week)
- With the consent of the owner to be in his apartment or house
- Write emails (limited: twice a day, four times a week and sixteen times a month)
- Represent the interests of the creditor in court
Prohibited actions of debt collectors
- Meet with the debtor, call and write from 22.00 to 08.00 on weekdays and from 20.00 to 9.00 on weekends
- Act anonymously. The collector must introduce himself and provide the registration number of the company he represents.
- Unauthorized increase in the amount of debt and “turn on the meter”
- Enter the debtor's home without the latter's consent. Take, damage or destroy the borrower's property
- Use physical force, threaten with violence and insult the debtor or his relatives. Including restricting the right to free movement
- Inform third parties about the amount of debt without the written consent of the debtor
Where can I complain about illegal actions of debt collectors?
Collectors violate a bunch of articles of the constitution and the criminal code. To which authorities should complaints be filed?
Police
You should file a complaint with the nearest police station if debt collectors threaten life and health in any form. Or they just keep watch outside the apartment door.
The application must be accompanied by copies of letters from debt collectors, audio recordings of telephone conversations and witness statements. Illegal actions of debt collectors also fall under the article “Extortion” (Article 163 of the Criminal Code of the Russian Federation).
Law enforcement agencies can also be involved in a situation where debt collectors are trying to enter the debtor’s apartment. It does not matter whether the living space is owned or rented. The rights of the debtor are protected by Article 23 of the Constitution of the Russian Federation on inviolability of private life.
Damage to property falls under Article 167 of the Criminal Code of the Russian Federation “Intentional damage or damage to property.” The police will accept a complaint if collectors puncture tires, break windows, cut door trim (Kazan is famous for such vandalism for some reason) or pour glue into a keyhole.
And if collectors paint the walls in the entrances with the words “Repay the debt” or “Apartment 195 debtor”, they can be prosecuted under Article 214 of the Criminal Code of the Russian Federation “Vandalism”. If collectors promise to “convey to the public” the fact of a debt, their actions can be qualified as blackmail. According to the laws of the Russian Federation, this is also a criminal offense.
Anti-collectors
Anti-collectors are professional lawyers who protect debtors, taking advantage of gaps in the legislation.
Those who have neither the strength nor the ability to independently defend their rights in court turn to anti-collectors. If I were a young mother, when my child and I are constantly being threatened, it would be easier to seek help from professionals.
After signing an agreement with anti-collectors, all claims of the creditor are forwarded to them. The company's employees negotiate with collection agencies and banks, write statements and complaints, and represent the interests of the debtor in court.
If you have the time and energy to fight debt collectors on your own, then you can write statements and complaints not only to the police, but also to:
- Rospotrebnadzor. The body protects the rights of consumers (including consumers of banking services)
- Regional department of Roskomnadzor (for example, in St. Petersburg). You should write an application if you have nothing to do with the loan. As a result, the applicant’s personal data is deleted from the collection agency’s database, and annoying calls are stopped
- Prosecutor's office
- Central Bank
- National Association of Professional Collection Agencies. NAPCA's responsibilities also include working with unscrupulous debt collectors
If the debt is not yours
Most likely, you will have to contact the police if collectors demand the return of money for someone else’s debt.
Main reasons for the error:
- The debtor previously used the phone number, indicated it in the loan agreement, and simply threw away the SIM card
- Your number was indicated by a friend when applying for a loan
- There was a trivial typo when entering the borrower’s personal data into the computer database
The law requires this to be done.
First, find out from the collectors the interests of which bank they represent and which debtor they are looking for.
Secondly, draw up an application to the bank with a detailed description of the situation. In your application, ask to exclude your data from the database and notify the collectors about this. Don't forget to officially register your appeal!
Thirdly, give a copy of the response from the bank to the collectors. It would be a good idea to get a certificate from the bank stating that there is no debt. If nothing changes, you will have to contact law enforcement agencies.
Another common situation: the loan was issued to a close relative, and collectors demand its return from the debtor’s sister or father.
You will only have to pay off “related” debt if you:
- Acted as a guarantor for a relative’s loan
- Are you the debtor's spouse?
- Entered into the inheritance rights of the borrower
In all other cases, you do not bear any responsibility for the debts of your immediate family! Even if the borrower is a brother, father or son.
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Economists say that loans are the engine of economic development. However, this judgment is true only under decent lending conditions and decent fulfillment of their obligations by all parties involved in this process.
If these conditions are not met, then problems begin that at one time greatly affected the financial well-being of many countries and the international economy as a whole.
When a bank begins to make claims on a loan, a person is usually not protected from this financial machine. In this article we will figure out how to behave correctly when debt collectors threaten you, what to do and where you can turn for help.
Why do such problems arise?
People take out loans mainly for one reason - it is not possible to pay the entire amount at once to buy the necessary thing. When applying for a loan, borrowers choose a term at which the level of monthly payment will be low enough to have an insignificant impact on the family budget.
However, only fortune tellers know what lies ahead for each of us. And sometimes situations happen when income drops sharply, and it is not possible to make loan payments on time. In this case, the loan becomes overdue.
There are also times when the bank itself increases the interest rate under the agreement, and it is no longer affordable for the payer.
When situations like this occur, the bank may sell your debt to a debt collector. And their methods of work can not only affect your well-being, but also your physical health. If you find yourself in such a situation, and collectors threaten you with what to do, we’ll figure it out further.
Knowledge of the laws is your weapon
People who are professionally involved in debt recovery are accustomed to taking their victims insolently. Threats of physical violence, calls to relatives at night and other tools become their assistants.
However, their powers given by the state are clearly defined in law. The relevant articles can be found in the Law of the Russian Federation “On Consumer Credit”, which clearly outlines the rights of collectors. So, if collectors threaten you, what should you do in this case? First of all, familiarize yourself with the letter of the law.
For example, there is a clear rule regulating the time period during which “extortionists” will help you call: on weekdays from 8:00 to 22:00, and on weekends - from 9:00 to 22:00.
It is also worth noting that a debt collection organization has the most capabilities that other commercial firms and companies have. This means that they cannot do anything against the law to you. Understanding this will help you not to lose your composure when they break these rules for you?
We need to boldly tell them that they are going beyond the law, with a clear reference to a specific article. Believe me, they don't expect this.
Any threats are beyond the scope of Russian legislation
You should not agree and follow the lead of the “extortionists”. Do debt collectors have the right to make threats? Of course not. No matter how scary the debt collector may look or sound, he is not allowed to indirectly or directly threaten you.
And this is precisely the main weapon of “ransomware”. The main threats boil down to the fact that you are advised not to walk in dark alleys late at night, pick up your children from school on time and turn off electrical appliances at home.
These statements contain the fact of hidden threats:
in the first case, you are threatened with bodily harm;
in the second version they hint that children may be kidnapped;
in the third case they talk about possible arson.
Undoubtedly, all this can throw anyone off balance. In this case, collectors can be held accountable under Article 163 of the Criminal Code, which describes the signs of extortion under threat of physical harm or damage to property. For this, a term of imprisonment of up to 4 years and a fine of 80 thousand rubles is provided.
Threats from a financial institution
If the bank threatens you with debt collectors, then you don’t have to worry. First of all, it's illegal. And secondly, not all banks can afford to carry out competent and efficient work using collectors.
Of course, it makes sense to resolve the issue of growing debt immediately by drawing up an additional agreement with the bank on loan restructuring. In this case, the likelihood that your communication with a financial institution will lead to hiring debt collectors is much reduced.
However, if you were unable to reach an amicable agreement with the bank, and collectors call and threaten you, read the steps below. Following these points will help you talk to “extortionists” not as hunters, but as victims.
Specific actions
If debt collectors threaten you with legal action or something else, there is no need to panic. The first step is to figure out how they relate to your credit relationship with the bank.
After all, a person signs a loan agreement with a bank, and not with a collection organization. Therefore, check with them what company they represent, what claims they have against you and on what basis they are presenting them to you.
Depending on their answers, you need to choose the right conversation tactics. There may be two different ways. The first is when an agency agreement is concluded between the bank and the extortionists. Second, if the bank sold your loan to a collection company.
Agreement between the bank and collectors
In the first situation, they only have the right to call you and remind you of your debt to the bank. Such calls do not have any legal consequences for you, even if the collectors threaten to sue, so you don’t even have to respond to them.
If they call you from an unknown number and you understand something, say that any conversations will only be in court, and hang up. Immediately add this number to your blacklist so that you can no longer be disturbed from it.
Seeing that you are not picking up the phone or have blocked their numbers, they may start sending you SMS messages with which the collectors threaten you with violence. They can be of very different nature. For example, there are the following options:
A rapid response team has been sent to you, be ready to open the doors in 15 minutes;
Tomorrow an apartment appraiser will come to you, we will decide how much your home can be sold for;
If you don’t want to have health problems, then return the money within a week.
Other, more rude phrases are also possible.
Their job is to scare you
The point of all this is to scare you and create moral pressure. There is no need to respond to these messages; save them in your phone's memory and print them out on paper so that the date and number from which they were sent are visible. This will help you prove in court the violations that the collectors committed in the course of their work.
And if they come to your home and knock on the door, immediately contact the police. The outfit of law enforcement officers will cool their ardor. Do not be afraid of this action, because the police are absolutely not concerned with your credit, and they will not be able to do anything to you. But they are quite capable of bringing hooligans down from the landing.
If your loan is sold to debt collectors
If the bank, in clearing its balance sheet, resold your credit debt to a collection agency, then things become somewhat more complicated. After all, the latter legally have the right to demand repayment of the debt from you.
However, banks do not always have the right to do this with their borrowers. In this case, when you are looking for where to turn if debt collectors threaten you, it is better to choose a lawyer who specializes in such cases.
Typically, professionals immediately advise complaining about such actions. Recalling your personal data and drawing up a ban on their processing can initially cool the ardor of “extortionists”.
They will also advise you and help you contact the prosecutor’s office in case of threats against your relatives.
Drawing conclusions
First of all, don't panic. Find out who the employee is who calls you and talks about the debt, ask how he feels about your loan.
Operate by the letter of the law, tell collectors about their violations. If it doesn’t work, then contact the relevant authorities and send the “extortionists” copies of the statements.
It would be a good idea to contact lawyers who deal with such issues. It will not be difficult for them to competently appease debt collectors and agree on restructuring your debt in order to reduce the burden on your budget. There were also situations when they were able to write off part of the overdue debt due to the identification of various violations on the part of the bank.
Many borrowers find themselves trapped in debt when it is impossible to return the money to the bank on time.
Dear readers! The article talks about typical ways to resolve legal issues, but each case is individual. If you want to know how solve exactly your problem- contact a consultant:
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A problem after which a citizen with a positive credit history ends up on the blacklist of debtors can be triggered by an economic situation, loss of solvency or job, illness, or an increase in the interest rate on a loan.
When the delay lasts long enough and the bank understands that the client will not give the money voluntarily, it involves one of the collection agencies in collection.
Their services have recently been resorted to by other organizations that cannot independently collect the debt for services provided.
Although the actions of employees of such organizations in relation to citizens or legal entities are established, they often exceed their authority, acting rudely and communicating with the debtor in an unspecified manner.
Do they have the right?
The activities of collection organizations are not illegal.
To fulfill their duties, the law provides for them to communicate with debtors within the established rules:
- make appointments from 6 am to 10 pm, except weekends and holidays;
- come to the place of residence in agreement with the debtor;
- call personal and work phone numbers;
- send SMS messages;
- write by mail, including email.
The main task of a collection agency is:
- inform the debtor about the amount of debt and liability for non-payment of debt;
- build a trusting relationship that will help both parties resolve debt issues.
Most often, employees of the collection agency violate their duties.
Often, debt collectors threaten, use force and psychological pressure, and blackmail to force the debtor to pay the loan, fines and other bills.
But the agency agreement that debt collectors enter into with a bank or other organization to work with a debtor does not mean that the debtor is allowed to make threats.
Articles of the law
Collection agencies for their work can be guided by:
- recently adopted;
- , allowing the transfer of rights of claim;
- Federal Law “On Individual Entrepreneurship”;
- Code of Civil Procedure of the Russian Federation November 14, 2002 (Federal Law No. 138);
- (02.10.07) “On enforcement proceedings”;
- Federal Law No. 353 (December 21, 2012) “On consumer lending.”
If collectors threaten and extort money, the debtor can be guided by Articles 119 and 163 of the Criminal Code of Russia and submit an application to law enforcement agencies with a request to bring them to justice.
Selling debts
Overdue debt can be transferred to a third party - this is provided for by law, but such an action on the part of the creditor is not valid if such a condition was not initially stipulated in its agreement with the borrower.
In case of debt collection, a financial organization can act in two directions:
- Hire a collection agency to work with the debtor by concluding a service agreement with the organization. In this case, the borrower remains in debt to the bank, as before.
- Sell or assign the borrower's debt to debt collectors. Then the borrower becomes a debtor to the collecting organization.
The sale of debts must be stipulated in the contract, otherwise the bank’s action can be challenged in court.
If the assignment of the claim is made, the debtor must request a copy of the assignment agreement and other documents relating to the transfer of his debt to collectors.
What to do if collectors threaten?
When meeting with employees of a collection agency, you should not panic and remember that the agreement was not signed with this organization. First, the debtor should find out who is making the claim and on the basis of what documents.
It is always necessary to remember that debt collectors seek to intimidate by communicating in an intrusive manner. Moreover, they can speak both within the law and not.
Usually they threaten with seizure of property, court, police, problems at work, threaten the debtor’s relatives and much more. According to them, the debtor will have a “sweet life.”
The actions and responses of a citizen or legal entity to the behavior of debt collectors must be justified by law that protects their rights.
Massacre
Typically, threats are resorted to by agencies that do not value their reputation or are simply scammers who have gotten their hands on information about debts and personal data of the borrower.
Threats of physical violence against the debtor and his family can be of a different nature; in some cases, collectors threaten with murder.
According to the Criminal Code of the Russian Federation, threats of violence and violence itself are criminal offenses.
The police are not interested in credit debts; they are obliged to restore order and suppress actions that may threaten the life and health of citizens.
Therefore, the borrower can safely write a statement to the police department at his place of residence.
The application must be accompanied by evidence of threats:
- eyewitness accounts;
- video and audio recordings of conversations during meetings or;
- printout of collector calls;
- other.
You should inform the collectors that you are going to do this, and also confirm your words with actions.
By phone
It is the duty of collectors to call debtors, but what to do if debt collectors threaten you over the phone? First of all, it is necessary to remember that calls at non-established times are an offense and are subject to punishment through administrative penalties, which collectors must be reminded of.
When collection pressure begins over the phone, you should:
- before the conversation, turn on the recording device; if it is missing, you need to press a few buttons on the phone, this sound will show the collector that you are making a recording and will moderate his ardor (even if in fact the recording is not being made);
- first you should ask the interlocutor to introduce himself, indicate the organization on whose behalf he is authorized, write down all the data on paper, if a refusal is received, you can safely stop the conversation;
- hang up if the caller's tone goes beyond the permitted limits, he is openly rude, and even more so threatening;
- after receiving threats of various types, declare your rights and desire to defend yourself with the help of law enforcement agencies.
By SMS
When the debtor does not answer calls and refuses personal meetings, collectors launch intimidating SMS messages, for example:
- “We have already left for you, meet you”;
- “Open the door in half an hour”;
- “We have sent an apartment appraiser to you, please meet me”;
- “Estimate how much your home is worth”;
- “Urgently pay off your debt or pay with your health”;
- “Protect children from kidnapping” and others.
First, you can block the number from which you receive messages. If they come from a hidden number, you can buy a new SIM card.
Negative SMS messages should be ignored.
For someone else's loan
Responsibility can be attributed to the guarantor, then, according to the signed documents, collectors have the right to claim the debt if the borrower becomes insolvent.
However, only the court obliges you to repay the debt and only in the amount indicated, so you can safely wait for its decision.
In rare cases:
- The citizen who took out the debt intentionally left someone else's phone number, and this also happens as a result of errors in the database. It is necessary to submit a written application to the financial institution and explain that you are not involved in the loan.
- When fraudsters gained access to personal documents and issued a loan without the knowledge of their owner, it is also necessary to contact the bank and the police with a written statement.
To the debtor's relatives
When collectors call the debtor's relatives, their actions can be called illegal. Because the agency used information about personal data to which relatives did not consent.
Relatives are not obliged to repay the loans of others (children, parents, sisters, brothers and distant relatives) if they are not their guarantors, so you can safely contact the bank and the police with a complaint.
But in the case of relatives’ debts, there are some nuances:
- Debts can be considered by the court as “matrimonial”; its decision will oblige you to pay them.
- Afterwards, it may turn out that the deceased left behind debts, the court will decide on their repayment by the heir.
For a loan
When debt collectors demand loan repayment, you need to find out:
- who is applying and what organization they represent;
- what is the amount of debt and penalties;
- listen to your interlocutor about his vision for repaying debt;
- if possible, agree to sign an additional agreement (payment schedule), hire a lawyer to draw up the document, and pay the debt.
If obvious threats are received from collectors, the debtor is obliged to warn about his rights and write a statement to the police.
Can they sue?
Often, debt collectors may threaten to sue, indicating that the debtor will have to pay not only the debt, but also legal costs. Usually the borrower reacts painfully to such statements.
But the law says that debt collectors have the right to sue if a citizen or legal entity does not respond to requests to repay the debt and shows by their behavior that they do not intend to do so.
In practice, it very rarely goes to court, because if the collectors lose the case, they will pay a large amount of state duty.
But if the debtor hires a competent lawyer and advocate, he may well be able to achieve a reduction in the amount of the debt, although he will still have to pay for it.
How to react?
When communicating, you should remain calm, remembering your rights under the law and not react to threats.
If necessary, it is better to contact law enforcement agencies, but to do this, you must prove the unauthorized actions of the collectors.
When communicating, you should not provide the collector with any personal or financial information, sign receipts, papers or other documents without the participation of a qualified lawyer. Whenever possible, when communicating with a debt collector, you should make audio recordings of conversations, and sometimes shoot video.
Also, you should not be afraid of the court’s decision; most often it takes the debtor’s side, given the current financial situation. Therefore, more loyal ways to repay the debt may be offered.
APPLICATIONS AND CALLS ARE ACCEPTED 24/7 and 7 days a week.
Lately, loans often lead people into debt. When taking out a loan, people are confident in their solvency and do not at all expect that they may lose their job or become seriously ill in the near future.
If such a situation arises, banks react very quickly to the situation and, if the debtor refuses to pay, they sell the debt to a special agency. Professional collectors of monetary debts are called collectors. Employees of such agencies use a variety of methods to collect funds in their activities, many of which are often illegal. In our article we will talk about how to behave when debt collectors call and threaten you, where to turn in such a situation and how to protect yourself from illegal persecution.
Every debtor should have an idea of what to do if debt collectors call and threaten. It is unlikely that you should expect such guests, since there are no legal grounds for such a visit, but they are capable of constantly calling and traumatizing the psyche of residents. To have an idea of how to deal with debt collectors, you should first understand what rights an agency employee has and what responsibilities he assumes when applying for a job.
So, who is a debt collector? Essentially, we are talking about a person who receives the right to the debt obligations of a particular citizen from the original creditor under an assignment agreement. According to such a document, the collector has the right to receive the debt upon collection. He has no more rights.
When signing an agreement, the citizen assumes certain responsibilities. In particular, the collector must notify the debtor that the loan is overdue, ask him to pay the required amount and inform him that the case is being referred to the court. The important point is that the conversation should take place in a polite manner, correctly, without insults. Unfortunately, in the vast majority of cases, debt collectors exceed their authority and behave in an illegal manner.
How to behave if a debt collector calls?
Even if such citizens have an assignment agreement, they will not come to the debtor’s house. For this reason, debts on consumer loans of citizens are redeemed extremely rarely, since they do not bring any significant profit to collectors. Most often, creditors act on the basis of an agency agreement with the bank. The debt collector simply represents the interests of the creditor and acts on the basis of an agency agreement. In this case, if such a person calls, you should proceed as follows:
- First, you need to find out on what basis such a person is acting, and if there is no assignment agreement, then the conversation can end.
- If such an agreement exists, then it is necessary to request a notarized copy.
- Even before starting a conversation, it is recommended to turn on the voice recorder on your phone to record the conversation for threats.
In the future, the resulting recording may become evidence of illegal measures taken by the collector, as well as his rude and boorish behavior.
What actions to take when threats start coming in?
The fact is that the task of each collector is to take all necessary measures in order to put pressure on the debtor and, as a result, receive not only the entire debt, but also interest on the loan. Threats are the most effective way to get the required amount.
If conversations do not help, then the following actions may include:
- filing an application with law enforcement agencies;
- sending an application to the prosecutor's office;
- appeal to the court.
The important point is that it is not necessary to notify the offender. The injured citizen must carefully consider the preparation of an official appeal and the preparation of the evidence base. This will guarantee protection from the attention of collectors.
How to make a statement to law enforcement agencies?
After completing a telephone conversation with the offender, it is necessary to take measures to solve this problem. To do this, you will have to draw up an application and submit it to the authorities.
The document will require the following information:
- the name of the agency with which the citizen cooperates;
- personal data of the interlocutor, if such information is available;
- time the call was received;
- the phone number from which the call came.
The main task of the citizen is to describe what techniques the offender used in the conversation and what he said during the conversation.
If there is no record, then there may be a problem with resolving the issue. In this case, you can request call details from the telecom operator, make a recording, or ask another citizen to be present while communicating with the debt collector. The prosecutor's office or other body is required to accept a statement and initiate a criminal case on the basis of extortion, fraudulent actions or hooliganism.
Conclusion
To summarize, it is worth informing that you should not be afraid of calls and visits from debt collectors, since they do not have any rights or legal grounds to make demands. Even if this happens, it is quite possible to contact law enforcement agencies or the prosecutor’s office with a statement to resolve the issue.
When a bank sells its debts to a third party, the most unpleasant thing for the debtor is meetings with new creditors - collectors, since these are usually assertive people who immediately take the “bull by the horns”. Right off the bat, the amount of your debt is stated, which usually turns out to be much higher than what the borrower knew about. Stunned, he begins to argue, and then it turns out that the debt, in addition to the loan itself, accrued interest and deductions in the form of penalties, also includes a certain amount, which is usually called a fee for collection services, but in reality this is the difference between the real amount debt and the price at which it was purchased from the bank. The debtor, already in a difficult situation, now owes even more. But there is no need to despair, much less engage in useless debates. Collectors' threats - are they dangerous?
Simply hiding from a professional debt collector or ignoring him, considering his activities illegal, is wrong. The work of collection agencies is legally permitted, and if they do not violate anything and act within the law, then you may be considered to be hiding from your debt liability.
The fact that you are hiding can be beneficial for the collector, since you can be convicted in absentia (without your presence) in favor of the creditor. An escaped debtor always bears the “stamp” of a thief.
And then - why hide if you are not a criminal, but simply owe an amount of money that you are not able to pay today. Any escape is an admission of weakness and wrongness. But you have rights, and they are protected by the Civil Code.
When meeting with a debt collector for the first time, immediately demand a full introduction to the essence of the matter:
- You have the right to challenge the declared amount of debt, and to do this you must be allowed to see all the papers confirming it:
- to the agreement (cession) concluded between the bank and the creditor;
- to the estimated portion of the total debt;
- You have the right to refuse all types of contacts with the collector if he does not provide evidence of the transfer of the creditor’s rights to him (Article 385 of the Civil Code of the Russian Federation) - a certified copy of the assignment agreement.
- If the bank has not notified you in advance about the concluded agreement with the collection agency, then you have every right to choose between two creditors and continue to pay debts to the bank and not to the newly-minted creditor (Article 382, Part 3 of the Civil Code):
- the absence of such notification is a risk for the collector to remain without payments on debt obligations;
- the notification must certainly be in writing with a short credit history, the amount of all debt obligations and information about the organization to which these obligations have been transferred and whose representative the employee who came to you is;
- Lack of notification does not mean the assignment itself is illegal.
- If the assignment does not indicate the possibility of new credit conditions, then the debt obligations are fulfilled on the same terms and to the extent existing at the time of its signing (Article 384, Civil Code):
- In this case, collectors do not have the right to increase interest.
Two types of collector behavior
The further behavior of the debt collector will show you what kind of a berry he is:
If legal, then it will act within the framework of the law:
- will provide you with access to all materials regarding debt;
- will offer debt restructuring or payment in installments (in installments);
- will sue you after exhausting all other legal options to resolve the issue.
If the collector is “black,” that is, intends to act outside the law, then the following actions are possible:
- Denial of access to case materials due to the alleged “confidentiality” of information:
- Here you can object to him: But what about the confidentiality that the bank has already violated?
- Threats:
- take away all your property (“leave without a thread”, “let loose around the world”, etc.);
- disgrace you in front of your neighbors (“the whole world will know about your debts”, “everyone around will despise you”)
- take measures of physical coercion against you or your loved ones (“you will regret that you were born”, “your life from now on will turn into hell” and others)
- sue and be “imprisoned for life,” etc.
Collectors and court
It should be noted that the court appears in both the first and second cases with a difference:
A claimant acting within the framework of the law is not afraid of the court and resorts to it as a last resort.
Why do debt collectors avoid court?
A collector of a semi-legal or criminal type immediately begins to threaten with court, but as a rule, he does not go to court, because he knows that he will certainly lose the case there, and even get himself into trouble:
- No body other than the judiciary has the right to collect property directly, much less take it away.
- Disclosure of information regarding debt collection to any third parties is a violation of the right to privacy.
- Collectors' threats to life and health, whether they are implemented or not - Art. 119 of the Criminal Code.
- Unreasonably inflating the amount of debt is fraud.
Therefore, it is in your best interest for the case to go to trial:
- The court may initiate bankruptcy proceedings based on the application filed against you.
- In court, interest, commissions to collectors and other charges are terminated.
- Bailiffs, who always act within the legal framework, will describe your property.
- The court has no right to take away your only home, as well as turn you into a beggar, depriving you of things and objects necessary for life and work.
- Even if the amount of property sold at auction is less than the amount of debt, the debt is extinguished.
Knowing this, even “good”, fluffy collectors do not like to sue the debtor, since most likely the amount of debt collected through the court will turn out to be much less than stated in the assignment, in addition, the plaintiff will also have to bear the costs.
Want to scare a debt collector? Be the first to ask him to sue you.
What to do if a collector sues
If the collector does sue, take the following steps:
- Go to court and make copies of the case materials to familiarize yourself with them:
- If the office refuses you, go to the assistant judge and explain your situation.
- If, after studying the materials, the illegality of the collectors’ demands is confirmed, prepare a statement of claim in which you indicate and justify all your disagreements with the demands. Lawyers or legal consultants can help prepare an objection to the claim.
- After drawing up an objection, you go register it in court or submit it to the judge or the plaintiffs in front of the court. You can also read the objection directly in the courtroom.
Do not ignore the trial or allow it to take place in your absence.
Some collectors use surprise: they notify you the day before the trial so that you do not have time to prepare for the hearing. This is what they usually do with those who completely avoid meeting with them. Therefore, it is important to familiarize yourself with all the claims of the professional inspector, which he has documented, as early as possible.
When meeting with a debt collector, behave calmly and without fear, showing knowledge of the civil code: it is unlikely that he will want to sue a legally savvy person. At the same time, do not emphasize a derogatory attitude towards a representative of this profession: they say, you don’t matter to me, you are outside the law, etc. Ambitious people, as a rule, strive to prove the opposite, and here it is not the money issue that is important.
What to do if debt collectors call
Collectors, of course, have the right to call, but not at night and not between 10 pm and 8 am on weekdays, and from 8 pm to 9 am on weekends and holidays. .
The unapproved bill on the activities of collectors also tried to limit the intrusiveness of calls by introducing their frequency, since you can harass a person “without washing, so with a ride”: call at the permitted time, but 10 times per hour and 100 per day.
If a debt collector pesters you with after-hours calls, take a printout of the calls from your telecom operator and feel free to file a police report.
If you get calls that are incessantly frequent, just turn off the phone or change the number. And in general, explain to the claimant that such matters cannot be resolved over the phone.
What to do if you are threatened
Lately, professional inspectors have been trying to avoid direct threats, as they quickly realized that this works against them. Collectors’ threats like “you won’t live” and “all your children will die” are in the arsenal of some very crazy and stupid collectors.
If you hear something like this, immediately call the police.
Indirect threats from collectors - “you will sit in prison, we promise this”, “the court will take away your children and send them to an orphanage”, “your house will accidentally burn down” and “everyone will find out about your debts” - these are also illegal actions: they fall under Article 163 about extortion.
A professional debt collector has the right to demand a debt, but only in the form of clarifying its size, a reminder of the payment deadlines, and not physical seizure - nothing more.
Preventive action
- You need to talk to the collector only after he has presented his documents, including identification.
- Openly film and record all conversations on voice recorders and cameras.
- The most preferred form of communication is written: let the agency employee know that you prefer to communicate in writing.
- Avoid telephone communication altogether, as this is the most secretive form, allowing the debt collector to hide his face and true name and resort to threats with impunity.
Collections is a type of commercial business. Collection agencies are not vested with either state or executive power. They cannot make any decisions regarding the fate of the debtor and must only act as an intermediary between him and the court.
