Circumstances do not contribute to economic growth, the number of debtors increases, and the amount of bad debts grows. Against the backdrop of an unfavorable situation, lenders and borrowers are looking for ways out of the impasse. Lenders turn to collectors, borrowers go into the shadows. Meanwhile, the issue with the debt is not resolved, the claims amounts are growing, and none of the parties is satisfied with the situation. There are some recommendations that will help debtors to “reduce the degree” of the relationship with the lender and claimants in the process of finding a compromise solution.
Is it worth talking to the collector?
The caller introduced himself as a representative of the collector and demanded to immediately repay the debt in a rigid peremptory form? Such a call does not mean that the person on the other end of the wire really acts on behalf of a specialized office that works with debtors.
According to the new rules, in addition to the creditor bank, the specialists working in collection agencies, organizations that meet certain criteria and are included in the register of claimants can demand the return of the debt.
For every action there is opposition
If you have any doubts that the caller really represents a collection agency, or if you are under excessive pressure, it’s time to contact law enforcement agencies. The basis for police intervention will be evidence of threats and psychological pressure through:
- constant calls;
- SMS messages;
- voice messages.
Only creditors and organizations listed in the register of collectors are entitled to discuss the return of the debt with the customer in debt. If an attempt at illegal exposure is recorded, the violator will be fined up to half a million rubles, and the fine for officials is 1 million rubles (or disqualification). If the claims are made in relation to the collection agency-legal entity, the amount of the fine is much more – up to 2 million rubles.
Check authority of the collector
When a person on the phone called the representative of the lender, you must check the availability of authority. The person must be listed in the register in order to legally discuss the topic of repayment of the loan debt.
The banks themselves are often connected to the process of influencing the debtor only at the initial stage, and the conversation takes place within the framework of the rules and in compliance with the norms of ethics. Most of the complaints are related to the work of those who presented themselves to collectors after the bank abandoned attempts to repay the debt on its own and decided to attract professional claimants. For this reason, it is important to check the organization of the collector itself and clarify its profile. Debt collection from a collection agency is always listed as the main focus of work.
Check the organization and inclusion in the list of collectors is easy. The list of collection organizations permitted by law includes about three dozen companies.
According to the norms established in 2017, there are a number of requirements for a collection agency:
- Must be issued insurance under the agreement on compulsory insurance of liability for damage caused in the process of debt recovery. The amount of insurance coverage is set at 10 million rubles.
- The collector must have its own website and installed specialized software for the implementation of the main work on the recovery.
- The collector is issued in one of the allowed forms of ownership (joint-stock company, LLC with net assets of 10 million rubles).
- The main job profile specified in the bylaws is the collection of overdue payments.
We study the contract: what to look for
If the collector’s organization was legitimately initiated by telephone concern, it’s time to check the legality of the transfer of debt collection rights. This should be specified in the contract as a separate item (resale of debt to a third party).
A scheme is known when a collector who does not have the right to communicate with the debtor tries to transfer the debt to an agency included in the register of professional collectors. Since the law does not prohibit assignment, it is important to verify that this clause is reflected in the contract with the debtor.
If such a clause is present in the agreement with a credit institution, the borrower has the right to refuse to sign the document, insisting on removing the clause from the agreement. Unfortunately, not all borrowers are attentively acquainted with the contract or are afraid to adjust the conditions, rightly fearing that the bank will doubt the security of the credit transaction and will refuse.
You are not required to communicate with the lender personally
Life circumstances can be different, and the debt to the creditor can overtake even the most law-abiding citizen, faced with difficult insurmountable obstacles. The borrower, the debtor is not required to maintain a conversation with the bank personally. When communication with the bank is stalled, the right to negotiate with the lender is transferred to a person with experience and sufficient legal knowledge in order to successfully regulate the problem of debt formation to the lender.
At any time, the defaulter has the right to involve a professional lawyer. But there is one condition – the obligatory notification of the creditor about the refusal to communicate in person. The sooner the help is attracted, the less the consequences are for the debtor-borrower.
An application with refusal from personal contact with the bank is sent by mail, by registered dispatch with notification or in person (with a note of acceptance of the document by the lender).
There is no obligation to communicate about the debt and relatives, the close circle of the debtor, if he writes a statement to the bank to withdraw consent to the interaction.
Everything has limits
The new rules strictly regulate the activity of the collector, limiting the time of calls to 10 pm and from 8 am. On weekends, the right to collect calls is retained. However, the period allotted for anxiety to the borrower-debtor is reduced from 9 am to 8 pm.
If the collector chooses to influence by personal contact, visits are given once a week. Telephone calls are limited to 2 calls per week.
With respect to certain categories of citizens, any attempt at personal influence by the claimant is prohibited:
- the presence of disability of the 1st group;
- age up to 18 years;
- bankrupt persons;
- citizens undergoing treatment in the hospital.
We organize and limit official communication with the bank.
Hours-long conversations with the lender do not guarantee success in negotiating conditions for debt repayment. From a legal point of view, it is important to learn how to properly communicate with the lender and recoverer.
For official negotiations, you need the legal address of a collector or a bank to which important mail correspondence is sent. Emails are less preferable because it is difficult to confirm receipt of a letter by the bank or collector, and in case of identification of the message as spam, the system blocks it. When considering a case in court, it can be difficult to confirm the fact that the debtor applied to the creditor or collector.
Do not be afraid of the court
Debt obligations are not the end of the world. The presence of financial claims and obligations does not entitle the other party to violate the law. For any revealed fact, the banks and the debtor clients themselves file a lawsuit with the lawsuit.
The essence of the claim is determined based on the nature of the violations. If there is a suspicion of illegality, ask the court to verify the legality of the powers of the recoverer. If the debt was transferred illegally, the violation is established in court.
If a collector called you, and there is not a word in the agreement about the client’s agreement with the bank’s intention to transfer the right to recover to a third party, the chances of satisfying the debtor’s claims are also great.