What are collectors? Who are debt collectors, what rights do they have and how can you force them to behave within the law?

What is a collection agency

Collection agencies, in general, existed before - back in the 90s, such activities were an integral part of racketeering. Modern methods of doing business, fortunately, do not accept such harsh measures on people as they did in those days, so today's “tax collectors” come to you in formal suits with a whole bunch of documents.

Collection activities are based on the possibility of transferring the right of claim under a debt obligation. In simple terms, the person or bank to whom you owe money can sell its right to claim it to a third party. In this case, almost any subject of civil law can act as a creditor, but often it is banks that are inextricably linked with collection services.

How do such organizations make money? First of all, due to the difference in the sale price of the obligation and its total amount. That is, the bank, trying to somehow satisfy its interests, sells the right of claim for less than the person actually owes it.

But this is not the main source of income for such companies. The main source of income is payments on overdue obligations. At the same time, some organizations also commit illegal actions - they increase and modify the interest rates of an existing agreement, although according to the norms of the Civil Code (Chapters 24, 43, 51), the collection service has the right to present its claims to you only within the framework of existing agreements and obligations. Changing these agreements unilaterally is impossible.

Legal status of the collection service

Until July 2016, the work of collectors was not regulated at the legislative level. However, on July 3, 2016, the law “On the protection of the rights and legitimate interests of individuals when carrying out activities to repay overdue debts...” No. 230-FZ was signed and immediately came into force, eliminating this legal gap.

Now all collection services must be registered in a specialized register - this is a mandatory condition, without which such organizations do not have the right to engage in pre-trial debt collection, either under a contract for the transfer of the right of claim, or as agents.

Before the advent of the law regulating the activities of collectors, its functions were performed by decisions of the highest courts. The first clarification of this kind was given by the Presidium of the Supreme Arbitration Court (hereinafter referred to as the SAC) in 2007 - in letter No. 120, which states that the transfer of obligations to a legal entity that does not have a license does not contradict current legislation. This position was confirmed in 2011 in letter No. 146.

In opposition to such decisions of the Supreme Arbitration Court, Rospotrebnadzor spoke out, which in 2011 commented on letter No. 146. The service points out that banks have no grounds for transferring the right of assignment without the consent of the debtor if the agent is a non-banking organization. This follows from the fact that, according to the law, the identity of the creditor and his status, which is confirmed by licenses, are essential for the debtor. After all, a person expects that his financial future is in the reliable hands of professionals, and not employees of an incomprehensible “sharashka office”.

The Supreme Court also expressed its opinion, which in the resolution of the plenum (No. 17) in 2012 indicated that in relation to loan agreements and individuals, the transfer of the right to demand repayment of obligations is prohibited.

How debt collectors work - the main methods of putting pressure on a debtor

There are 3 types of interaction with the debtor:

1. Soft.
2. Hard.
3. Legal (judicial).

In the first case, remote communication channels come under attack. A person is bombarded with mountains of messages and calls with requests or demands to resolve the situation without conflict.

Don't know your rights?

Further, if the situation is not resolved, collectors move on to the second stage, taking more stringent measures. They can resort to personal meetings, coming to a person’s home, work, school, etc. In this case, an explanatory conversation takes place, the purpose of which is to remind them of existing debts and the need to pay them off.

IMPORTANT! Collectors rely on psychological pressure when conducting such events. A person may then feel backed into a corner and forced to pay off debts.

If this does not help, such organizations proceed to the third stage, which involves legal proceedings. The debtor is forced to spend additional money hiring a lawyer, and the consideration of cases takes a lot of time.

IMPORTANT! The use of these methods was possible until July 3, 2016, while the new law clearly regulates the procedure for interaction between the collector and the debtor. In particular, no more than 2 telephone conversations and no more than 1 personal meeting per week are allowed. Moreover, all calls must be made strictly between 8 am and 10 pm on weekdays and from 9 am to 8 pm on weekends.

In addition, to communicate with relatives and colleagues of the debtor, the latter’s consent is now required - otherwise the actions of the collectors will be considered unlawful.

How to resist debt collectors

The easiest way to rid yourself of communication with debt collectors is to refuse it. Now the debtor has such a right, and he can exercise it by drawing up a refusal in writing and having it certified by a notary. From the moment the document is transferred to the collection service, its representatives are obliged to refrain from any means of interaction with the borrower.

If collectors still continue to harass the debtor with calls or personal meetings outside the limits established by law, there are 2 methods of counteraction:

• contact law enforcement agencies with a statement about unlawful actions of debt collectors;
• file a lawsuit yourself.

When choosing the 2nd option, it is necessary to demand from the judge to limit such actions on the part of agency representatives as constant calls, messages, personal contacts - this can be regarded as exerting a psychological influence on you. When setting out your demands, you should rely on Law No. 230-FZ, which prohibits the use of mental and physical pressure, as well as on the clarifications of the Supreme Court of the Russian Federation and Rospotrebnadzor listed in the article in the part that indicates the impossibility of transferring the right of claim to a non-banking organization.

A professional collection service always tries to act on the edge of the law, without violating the rules of law on putting pressure on the debtor, but there are also organizations that do not shy away from using methods that go beyond what is permitted. If you have opened legal proceedings, the purpose of which is to recognize the demands of collectors as illegal, then their activities until the announcement of the decision fully fall under Article 163 of the Criminal Code of the Russian Federation (extortion). In this case, measures of mental influence include calls and harassment at the place of work and residence.

IMPORTANT! The court's decision will depend on the methods of interaction chosen by the collectors and the legality of their demands. If you really have debts and the agency representatives were extremely nice and courteous to you, the court may be inclined to favor the agent's claims. In a lawsuit, it is worth insisting on the impossibility of transferring such a set of rights to non-banking organizations, but in the end everything will depend on the judge and his interpretation of existing norms.

Collection agency

Collection agency, also known as debt agency(from English collection - collection) - an agency professionally specializing in the collection of overdue receivables and problem debts; a form of business whose purpose is to facilitate payments on debts of individuals and legal entities. Most collection agencies exist and operate as agencies of the creditor, and collect debts for a fee based on the amount of funds collected in the form of payment of a predetermined percentage of the total amount.

Description of activity

The concept of a collection agency came to Russia from the United States of America. In fact, a collection agency is an intermediary between a creditor and a debtor, which undertakes to carry out work to repay the debt for a certain percentage. Often, agencies themselves can act as a creditor when the original creditor assigns the right to claim the debt to the agency under an assignment agreement, that is, sells the debt.

The first collection agencies in Russia were created as subsidiaries of banks and worked exclusively with their debts. This, for example, was the Debt Collection Agency at the Russian Standard Bank, registered in 2001. Specialized collectors began to actively enter the open market relatively recently. Collection agencies appeared on the Russian service market in 2004. The first collection agency in Russia, CJSC FASP, was registered on August 9, 2004.

An increasing number of agencies (sometimes associated by the public with “debt buyers”) purchase debts from creditors who, for one reason or another, have been unable to collect them themselves, for some percentage of the total debt, and then collect from the debtor the entire amount or even the amount plus “ interest" in addition to the overall balance. Lenders, which are, as a rule, financial organizations and large retail chains, send the debts of their credited users from the group accounts receivable; the difference between the amount received and the full value of the debt is written off as a loss. Debt holding agencies First party agencies) are usually involved in debt repayment at an early stage of delinquency, since at this time the likelihood of resolving the conflict with the least amount of effort and time increases, and are distinguished by the greatest intensity of efforts aimed at achieving this goal.

There is a second scheme - a collection agency works with a creditor financial organization without concluding a debt repurchase agreement. Third party agencies); under this scheme, the debtor continues to make payments on the debt to the creditor organization, and the debt agency receives a fee in the amount of a set percentage of the total amount collected. In accordance with the type of debt collected by the agency, the amount of remuneration ranges from 10 to 50%, although the standard is an amount from 15 to 35%.

Regulation of activities

In many countries, collection agencies are limited in their rights by law, which prohibits certain harassing actions against a debtor. Thus, in the United States, a collector does not have the right to call repeatedly in order to annoy the debtor, thereby forcing him to repay the debt to the creditor; cannot call at night. In the Russian Federation, there is no specialized legislation in relation to this area of ​​activity, however, all actions of a collection agency are consistent with the agency’s location in the legal framework of the Russian Federation. So, when the agency calls the debtor at night, the question may arise about the administrative responsibility of the collector for what he has done, since there is a possibility of disturbing the silence at night.

Collection activities begin with the conclusion of an agreement. Such an agreement may be an agreement on the assignment of debt, agency, or provision of services.

Practice

The Chairman of the Board of Directors of the company "USB Center" and the head of the collection agency of the same name, Mr. Alexander Fedorov, speaks about the methodology of activity, in particular, the practice of visits to the debtor by representatives of the collection agency:

Well, of course, we don’t go to people with bits and soldering irons. Only psychological influence on debtors is used. To begin with, we are trying to collect the debt without bringing the case to court. And our first task is for the debtor to listen to us, that is, to know all the steps that we are going to take. Of course, first we listen to all his arguments, since it happens that the debtor can present payment documents, and this means that the failure did not occur with the client.

But if the debtor says “yes, I owe it, but there is no money,” then we give him time to find funds. Then we initiate a personal meeting again (we come to his home or work), but no waving of hands occurs; the most we can do is look sternly into his “honest eyes.” If this does not help, then the matter is resolved through court.

And then we come to him with a writ of execution or a court order, and the debtor “gets” another 7% of the amount that the bailiffs will collect from him. No results again? We are then forced, together with the bailiffs, to make an inventory of this person’s property. If the debtor shows character here too, and an “Act of Impossibility of Collection” is drawn up, which confirms that he does not have the money, we will be forced to contact law enforcement agencies and fight him through criminal law. Yes, of course, if a difficult situation has arisen and a person is ready to repay the debt, but, for example, he was robbed or something else extreme happened, then we act as intermediaries between the bank (or other organization) and the debtor and achieve installment payment. After all, our task is not to collect everything today, but to collect it in general.

Phone calls

Telephone calls are used by debt collectors at an early stage of collection. Early Collection) - this stage is characterized by softer arguments used by collectors when working with the debtor/guarantor in relation to the next stage of debt collection.

The Early Collection stage is Soft Collection- the initial stage of working with overdue debt, including the procedure for conducting remote (telephone calls, sending SMS, letters notifying about the existence of debt) contacts with debtors and guarantors aimed at repaying the debt. At an early stage, debt collectors inform debtors about their obligations to pay debts and are called upon to motivate the very fact of payment. The actions of a collection agency are regulated by the legislation of the country where the agency is located, as well as the obligations voluntarily assumed by the collection agency.

Agency Action Authority

There are certain restrictions on the actions of the collector. Thus, when calling a debtor, a collector does not have the right to use obscene expressions; in most cases, he cannot allow an aggressive voice intonation. The debt collector, as a rule, must not mislead the debtor in order to force him to make a payment, cannot threaten arrest, and is also obliged to inform the debtor about his first and last name, the name of the company and the purpose of the call.

In rare cases, the collection agency initiates calls to the debtor in his native language, if the language differs from the state and commonly used in a given region or country. This is done for the reason that ignorance of the language of the host country is often used by a foreign debtor as an explanation for the fact of non-payment of debts. The collection agency has the right to collect information about the debtor in order to optimize the debt collection process - thus, the agency has the right to analyze answered calls to the debtor in order to make follow-up calls at the time when the debtor is most able to communicate. Also, some collection agencies practice collecting personal information about the debtor that is not included in the list of data provided by him - for example, a changed telephone number, residential address and location, work contacts.

Unlike the legally regulated actions of US collection agencies, Russian collection agencies are not limited by the ban on making telephone calls only on the basis of such a request from the debtor, and are not limited in the collection and use of personal information. Indirect restrictions on such activities are partially present only in the civil and criminal legislation of the Russian Federation. Also in the United States, according to the laws contained in the FDCPA, the agency does not have the right to make repeated calls to the neighbors and relatives of the debtor for the purpose of motivating or coercing the debtor to pay the debt, but can only call them once, despite the possible existence of suspicions that these persons with incorrect or incomplete information about the debtor. Also, according to this legislation, if there is a separate question about the name and surname of the collector, as well as the name and surname of the person who hired him, the collector is obliged to answer it.

In the event of the death of the debtor, his relatives are not obliged to pay the bank or agency the debt of the deceased, except in cases of entry into the estate of the deceased, however, in the United States, the property of the deceased can be used to pay off debts.

Specialist visits

As a rule, specialist visits occur at a later stage of debt collection (Late Collection) - this stage is characterized by more stringent arguments used by responsible specialists when working with problem debts. The Late Collection stages are:

1. English Hard Collection- the second stage of working with problem debt, following the Soft Collection stage, including the procedure for contacting debtors and guarantors (including meetings, searching for a borrower at the place of residence, work, etc.), aimed at repaying the debt;
2. English Legal Collection- the third stage of working with problem debt. At this stage, in order to collect the debt, coercive measures are applied to the debtor.

The main task of field specialists is to ensure maximum recovery of problem debts. Field specialist:

• informs the Borrower/Guarantor/Pledger of the amount of debt, indicates penalties (depending on contractual obligations);
• explains to the borrower, guarantor or pledgor the consequences of failure to fulfill their financial obligations (the Collection Agency / Bank will file a lawsuit to collect the debt, and the borrower and/or guarantor will bear the legal costs);
• finds out the reasons for the debt;
• takes (if possible) from the Borrower an Explanatory Note regarding the fact of late payments;
• determines with the borrower or guarantor the date of payment to repay the overdue debt;
• if possible, inspects the collateral/other property, draws up a corresponding act, and leaves a notice of the existence of a debt.

see also

Notes

1. English, Dale (2001-12-10). “Sector specialization is important when choosing a collection agency (How to Hire a Collection Agency).” The Business Review (Albany, NY) 28 (36): S5(1).(English)
2. “Collection agencies, debt collectors – who are they?” . Debt Factor. (January 15, 2007). Archived
3. “I would go to the collectors.” Private Correspondent. chaskor.ru (December 3, 2008). Archived from the original on March 20, 2012.
4. Palmeri, Christopher (2005-11-14). "Debt Collection Puts On a Suit." BusinessWeek (3959): 86. (English)
5. Legrady, Paul (2005-09). "Creditors Exercising Options For Receivables Management." Business Credit 107 (8): 62–63.
6. Legal aspects of SOFT-COLLECTION (Russian). Soft-collection(2007). Retrieved January 27, 2010.
7. About the so-called “collection activities” (Russian). News. accounting.ru (30.03.2011). Archived
8. Collection activities (Russian). Main areas of activity / Consumer protection. Office of Rospotrebnadzor for the Voronezh region. Archived from the original on March 20, 2012. Retrieved April 14, 2011.
9. (Russian) . Civil Code of the Russian Federation dated November 30, 1994 N 51-FZ - Part 1. Consultant-Plus (November 30, 1994). Archived from the original on March 20, 2012. Retrieved April 14, 2011.
10. Daria Kharitonova DEBTORS, TROUBLE! (Russian) . Business Moscow (12/10/2007). (inaccessible link - story) Retrieved April 14, 2011.
11. How to deal with collectors (Russian). Publication. Kreditut.Ru (05/30/2011). Archived from the original on March 20, 2012. Retrieved November 8, 2011.

You make payments on your loan with long delays or have stopped paying altogether. Surely you have good reasons for this. But the bank is not always ready to take them into account, so you soon risk finding yourself face to face with a professional debt collector. The site will tell you who the collectors are and give their recommendations on how to communicate with them.

Who are collectors

A certain stereotypical fear of debt collectors is largely associated with the memory of the dashing 90s, when the popular methods of collecting debts were an iron and a soldering iron.

Those times seemed to have sunk into oblivion. Today's collectors are not highway bandits, but employees of reputable agencies with sonorous names. They emphasize in every possible way that they work exclusively within the framework of current legislation. Professional associations and even the “Code of Honest Collectors” have been created. But not everything is so good. The goals of the collectors remain the same: to “shake” money out of the debtor by all possible means and in the shortest possible time.

Unfortunately, the absence of a law on collection activities makes it possible to use not only civilized methods of debt collection, but also techniques that are borderline foul - intimidation, threats, blackmail, interference in private life.

Most borrowers have no idea how and by what principles collection agencies operate, how legal their activities are, what they train their employees, and what they can do. Meanwhile, it is possible and necessary to negotiate with honest collectors, and it is possible and necessary to find justice for the “bouncers” - the so-called “black collectors”.

A collection agency is a commercial structure (usually an LLC or CJSC), whose business is the provision of paid services for the collection of overdue debts, as well as the purchase of “debt portfolios”. No collection agency has the rights of a prosecutor's office or a judicial authority.

What rights do collectors have?

First, let's look at the rights of collectors. From a legal point of view, debt collectors have exactly two such rights:

1. Notify the debtor of the existence of an overdue debt and its amount (including penalties and fines).
2. File a lawsuit - if the bank authorized them to do this (based on an agency agreement), or completely assigned the rights to the overdue debt (in other words, sold your debt).

But in fairness, we note that there are very few direct legislative prohibitions and restrictions on the actions of debt collectors. Therefore, the borrower’s main weapon is knowledge of his own rights. What are they?

• Civil legal relations between you and the collector are based on the assignment of the right of claim. According to Part 1 of Article 385 of the Civil Code, the debtor has the right not to fulfill an obligation to a new creditor until he is provided with evidence of the transfer of the claim to this person.
• The statute of limitations for claiming overdue loans is three years. If it expired before the collectors contacted you, their claims are not legally binding.
• You must pay off your debt only to the creditor bank, and there you will receive documents confirming each payment made. Even if your debt has been transferred to a third party, payments should be made through the bank. Do not, under any circumstances, hand over cash to collectors, no matter who they may be!
• You are not required to sell your property to pay off a debt at the request of a debt collector, and debt collectors do not have the right to seize your belongings. Such a procedure is possible only by court decision, and is carried out only by bailiffs.
• You have the right not to answer telephone calls from debt collectors and not to open the door for them.

To date, no federal law regulating collection activities has been adopted - there is only a draft law “On activities for collecting overdue debts”, which is being developed by the Ministry of Economic Development of the Russian Federation. On July 2, 2012, at the plenum of the Supreme Court of Russia, a resolution was adopted “On the consideration by courts of civil cases in disputes regarding the protection of consumer rights.” It states that a credit institution cannot transfer the right of claim on citizens' loans to persons without a banking license if the borrower did not agree to this when signing the agreement. De facto, most banks have long prudently included in the loan agreement a clause on the possibility of transferring overdue debt to third parties - now all banks without exception will do this.

How to communicate with a debt agent

First, and perhaps most importantly, remain calm. If your knees are weak from fear, sit down. Take a few deep breaths: it will become easier, your voice will sound more confident. Take a comfortable position. Place a pen or notepad in front of you. Now you are ready to talk.

First of all, ask the employee calling you to fully introduce himself (often representatives of collection agencies report only their first and middle names, without a last name), and name their position. Also write down the agency's contact information. After that, you can safely hang up: you have done enough for the first conversation.

Be sure to call back the phone number you were given and check the information provided.

The next call is to the bank. Ask to confirm that your debt has been transferred to these collectors for collection. And now attention: at this stage you have a chance to correct the situation. Describe your financial situation to the bank, the reasons for the delays, ask to restructure the debt. Often banks come to an agreement: they sign a new contract with you and provide an installment plan of three to six months. After signing the restructuring agreement, the bank withdraws your case from the collection agency.

If this move worked, calmly explain to the next calls from collectors that you have reached an agreement with the bank. You can ignore threatening SMS messages like “Pay the debt, otherwise you will be sued.”

In an unfavorable scenario (the bank refused the agreement with you, or informed that all rights to your debt now fully belong to a third party), communication with collectors, alas, will continue. Continue to remain calm in future negotiations. Don't dispute the debt, it's useless. But do not rush to share confidential information, including the availability of property or a bank account. Do not disclose information about close relatives, do not answer personal questions (“Your wife’s name is Katerina, isn’t it?”). Don't be rude in response - calmly ask to return to discussing the debt and ways to pay it off.

Don't beg for a delay - it will only increase the pressure on you. Instead, referring to Articles 385 and 389 of the Civil Code, ask for a full package of documents confirming the rights of the new creditor and his powers - in particular, a copy of the agency agreement, a copy of the assignment agreement, a power of attorney issued to the specialist who is negotiating and has access to your personal data, etc.

As a result, you will, firstly, gain time, which is so important for the debtor, and secondly, you will demonstrate your legal literacy and ability to withstand psychological pressure.

In further conversations, put the problem at the center of the discussion: you have a debt, you do not dispute it, you intend to pay it back, but you are in a difficult financial situation. Collection agencies employ lawyers who, just like bank employees, can offer you both installment plans and a competent debt repayment scheme.

How to deal with them if you are threatened

Unfortunately, it is not always possible to build a dialogue with collectors in a civilized manner. Therefore, you cannot discount the fact that overly zealous debt collectors will begin to shower you with insults or threats.

Threats and insults from debt collectors are a violation of the law and entail administrative and criminal liability.

If you are threatened, first of all try to record the fact of direct threats (for example, by recording a telephone conversation with a voice recorder). Then file a police report. They must accept it and begin checking to identify the attackers. Please note that the transfer of the recording device to the investigator must be documented in a seizure document, and the recording itself cannot be converted to another format.

If you were unable to make a recording, write a statement anyway: the police will collect evidence, including based on witness statements. You can send a copy of the application to the collection agency.

But usually even a message that the conversation will be recorded is enough to stop the threats. Knowledge of the relevant articles of the criminal code will also help: for example, insult falls under article 130, threat of physical violence - under article 119, and a demand to sell your property or give cash - under article 169 (extortion).

Anti-collectors - who are they?

As you know, there is no trick against crowbar... unless there is another crowbar. In the financial services market there are not only collectors, but also anti-collectors.

Of course, these are not wizards in a blue helicopter who will teach you how to run away from debt. Real anti-collectors are professional lawyers with significant experience in pre-trial resolution of problems with outstanding debts. The toughest “bisons” also have extensive judicial practice in cases of this kind.

The least they can do is take over negotiations with debt collectors and save your nerves, as well as explain how not to do what you are illegally forced to do. But you should seek legal protection in advance, as soon as you feel a threat to your solvency, and not when the furniture is about to be removed from your home...

Instead of an epilogue

Protecting your rights and maliciously avoiding fulfilling loan obligations are not the same thing.

Both the bank and the collectors have the right to demand repayment of the debt from you.

Hiding in the hope that the problem will “resolve” on its own is a very bad tactic. There is a way out of even the most difficult financial situation. To optimally solve the problem, it is only important to competently build a dialogue with creditors and not pay more than you actually owe.

Anastasia Ivelich, expert editor

By definition, debt collectors are employees of collection agencies that collect overdue debts. These are the people whom bankers scare when the first loan delays occur: “If you do not pay the debt by the 25th, we will transfer your debt to collectors...”.

Since January 1, 2017, the activities of collection agencies are regulated by Federal Law 230-FZ “On the protection of the rights and legitimate interests of individuals when carrying out activities to return overdue debts” (in common parlance - the Law on Collectors). According to this law, collection agencies must be included in a special register, and their activities are strictly regulated by law. The register is maintained by the Federal Bailiff Service of Russia; it is available on the Internet at: http://fssprus.ru/gosreestr_jurlic/. The functions of monitoring the activities of collectors are also assigned to the FSSP of Russia.

Why do banks have to turn to collection agencies?

• Firstly, small banks cannot afford to maintain a professional collection service.
• Secondly, in case of long delays, more stringent collection methods are required, which many banks cannot afford, because this will affect their reputation.
• Third, when contacting collectors, the bank gets rid of problem assets in the form of overdue loans, because when the first loan delays occur, the bank (by law) is obliged to reserve funds for your loan in the Central Bank. Once the debt is sold, this reserve is released. Also, the real percentage of overdue debt negatively affects the value of the bank's shares, so by selling bad debts, banks paint a more beautiful picture for shareholders and investors.

For these reasons, many banks allocate their collection service to a separate organization - a collection agency, and sell debts to it “on credit”.

So who are collectors and should we be so afraid of them?

1 myth

Collectors are “brothers with irons and bits” who will do anything to collect a debt

This is wrong. Often, behind a menacing voice on the phone there can be a student who has gotten a part-time job, or simply a person offended by life who has not found another job and is forced to tell you nasty things using a given set of standard phrases. All their rights under the law are informing clients about the amount of overdue debt and receiving information about the timing and amount of the next payment from you. Collectors can call and come only from 8 a.m. to 10 p.m. on weekdays and from 9 a.m. to 8 p.m. on weekends. In addition, collectors will be able to “visit” no more than once a week, and call no more than once a day, with no more than two calls per week. You cannot call if a person is being treated in a hospital.

Get out of your head the image of a debt collector beating out money with bats or a hot iron. Yes, there have been a couple of cases in our huge country when debt collectors caused physical harm to a debtor. But the risk here is the same as brushing your shoulder with a scumbag on the street and getting it for nothing. Well, if collectors do come to you and threaten you without introducing themselves, feel free to call the police with the words “unknown people came to me, they threaten me and demand money.” Don’t worry in vain, after the police arrive the problem will resolve itself along with the collectors.

2 myth

Collectors will come and take all your property

Collectors can undoubtedly come to you at the address specified in the loan agreement, but in fact this happens extremely rarely when, for example, they cannot contact you by phone for a long time. But they have no right to enter the apartment without your consent and, moreover, to describe or remove anything there. Only bailiffs can enter a home and make an inventory and seize property and only by a court decision. It must be taken into account that sometimes particularly advanced collectors like to pass themselves off as bailiffs. Some collection agencies even had similar names: “Bailiff”, “National Collection Service”, etc. Therefore, if the person at the door says: “Hello. Bailiff Service”, open it, ask for a service ID and make sure that the seal is stamped “Federal Bailiff Service”, not LLC, JSC, PJSC, etc. And also demand a writ of execution on the basis of which they came to carry out enforcement actions. You can check the existence of enforcement proceedings initiated against you in the database of enforcement proceedings.

3 myth

Collectors will prosecute you

In letters or calls from collectors before the law on collectors came into force, one could see (hear) references to articles of the criminal code 159, 177, 312, etc. The legislator prohibited the use of such tricks. And if in the depths of your soul you are tormented by doubts: “Will I be held criminally liable for non-repayment of the loan?” Please know that if you did not provide knowingly false information when receiving a loan, if you made payments on this loan and stopped paying due to some life circumstances, then no one will be able to hold you criminally liable for non-payment of the loan.

Read more about criminal liability for non-payment of a loan in our article “”. By the way, you yourself can attract very arrogant collectors under the articles “Hooliganism”, “Extortion”, “Dissemination of personal data” in case of incorrect behavior on their part, or you can always write a complaint about the incorrect actions of collectors on the website of the Federal Bailiff Service (http ://www.fssprus.ru/).

These are myths and reality! Debt collection in Russia has become more civilized since the law on debt collectors was in place. Now, the majority of collection agencies and representatives of microfinance organizations (MFOs), having received confirmation of the introduction of bankruptcy proceedings against the debtor, as required by law, stop calling and writing SMS messages.

From our practice

We have clients whose number of microfinance lenders exceeds 50! And even to them, 1-2 months after the introduction of the bankruptcy procedure, the calls almost completely stopped. At first, it is very unusual for our clients when the phone goes silent due to calls from collectors. The most common question at this stage: “It’s suspicious that no one is calling me. They're probably up to something..." In reality, creditors and debt collectors are simply complying with the law.

How can you “tie the hands” of collectors as much as possible?

In conclusion, we would like to give you some advice in case you understand that communication with debt collectors cannot be avoided:

• Close access to your personal page on social networks. This will allow you and your social network to avoid unflattering messages.
• Revoke your consent to interact with third parties. Most likely, when concluding a credit agreement or loan agreement, you signed an agreement to interact with third parties. You have the right to revoke it at any time.
• If the delay exceeds 4 months, refuse to communicate with debt collectors. The “Law on Collectors” allows you to refuse to communicate with creditors and their representatives (collectors) if the delay exceeds 4 months. To do this, a special document is filled out in a form approved by the Federal Bailiff Service and sent to the collectors by registered mail with acknowledgment of delivery to the addressee.

Bankruptcy of an individual is the fastest and most reliable way to get rid of debts and collectors! True, there are contraindications...

The 3 tips listed above partially solve problems with debt collectors, but do not at all solve problems with debts that continue to grow. Sooner or later the debts will be “judged” and they will be collected by the bailiff service. Unlike collectors, bailiffs are vested with a much wider range of powers. We advise you not to wait for “sea weather”, but to start taking action. We have helped hundreds of people get rid of debt completely, and most likely we can help you too (). From the moment of concluding an agreement with us for the provision of bankruptcy services for an individual until the introduction of bankruptcy proceedings, about 2-3 months pass. Immediately after the conclusion of the agreement, if necessary, we prepare and send to creditors demands for termination of interaction with third parties, refusal to interact, or an application for declaring you bankrupt and a notice of the introduction of bankruptcy proceedings against you. Take advantage of your legal right to “write off” unsustainable debts and leave the dark streak of your life behind. Specialists of the project “Dolgam. No" are ready to help you with this! Bankruptcy of individuals and individual entrepreneurs is our specialization. For free legal advice, call:

Maxim Demchenko

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The activities of collection agencies are regulated by Federal Law No. 230 “On the protection of the rights and legitimate interests of individuals when carrying out debt collection activities.” Knowledge of the law and up-to-date information about common methods of work of collectors will help borrowers to successfully resist debt collectors and not succumb to their provocations.

A collection agency is an organization that carries out a set of measures and actions aimed at debt recovery. A collector is an intermediary between a banking organization and a client. Loan debt collection occurs in three stages.

Soft-collection

The collector informs the client that he needs to pay the overdue debt without meeting him. He can call back, send an SMS notification, report this via email or social networks.

Hard-collection

The collector contacts the debtor directly, visiting him at his residence or registration address. Notices and notices may be served by mail. The creditor establishes the reason for the delay and, together with the borrower, searches for solutions to the problem.

Legal-collection

Final stage. The collector sends the case to court, where the future fate of the debtor will be determined.

Types of collectors

There are two types of collection agencies, depending on the specifics of working with the debtor.

Buying back debt

Banks can turn to collectors and sell the borrower's debt. In this case, the borrower must return the money to the collector, and not to the bank, under the same conditions.

Non-repaying debts

This category includes collection agencies that the creditor contacts, as well as specialized divisions of the bank for debt collection. The bank collector is working on a joint search for solutions to the problem.

Legal basis for the activities of collection agencies

Federal Law No. 230 “On the protection of the rights and legitimate interests of individuals when carrying out debt collection activities” was adopted on July 3, 2016 by the President of Russia. The legislative act regulates the specifics of regulation and description of actions related to the threat of violation of the rights of clients who are late on loan payments. The responsibilities of collectors and the sequence of the procedure for returning funds are established with the most favorable conditions for each of the parties.

Federal Law No. 230 consists of 22 articles regulating the work rules of the collector, establishing rights and responsibilities for violations.

Rights of collectors according to current legislation

Creditors use a third party (a collection agency) to collect debts. Collectors must fully comply with the requirements established by applicable law. Federal Law 230 regulates the following rights:

• providing accurate and truthful information about the existence of debt;
• conducting individual work with borrowers regarding payment planning;
• sending text messages via email and telephone;
• making calls in the quantity required by law (no more than eight calls per month);
• appointment of personal meetings - once a week;
• termination of work with the debtor if he has paid off the loan debt.

Now debt collectors have no right to call at night.

In 2018, changes were made to Federal Law-230. This video explains this in more detail:

Can the debtor be sued?

A collection agency can go to court only if the debtor has insulted the honor and dignity of its employees. In other cases, only the organization that issued the loan has the right to repay the unpaid debt through the courts. This possibility is provided for by the norms of Federal Law No. 395-1, namely, Articles 33 and 27. Refund through the court is also allowed under Art. 388 Civil Code of the Russian Federation.

Fraudulent debt collection schemes

As a rule, it is very problematic to agree with debtors on the return of money. To increase the effectiveness of their activities, collection agencies may resort to dishonest methods, using long-established schemes.

Black collectors - who are they?

Black collectors are small organizations, the number of which usually does not exceed 10 people, most of whom are former representatives of law enforcement agencies. Banks turn to them for help when a client has a large debt that cannot be collected legally. They are called “black” because they can resort to the most severe illegal measures.

Prohibited tricks of scammers - how debt collectors break the law

Very often, debtors complain about violations of their rights provided for by law. For example, agency employees resort to the following illegal actions:

• They threaten to use force or exert physical force. This is prohibited by Federal Law-230.
• Cause harm to debtors. It can be physical, psychological, career (when an employer receives false information about its employee), or property.
• Damage or destroy private property. For example, they puncture tires on a car, break windows in an apartment.
• They exert psychological pressure - they threaten with violence and other negative consequences.
• They call at night. During the period from 22:00 to 8:00, calls regarding debt repayment are prohibited by law.
• Too common. It is prohibited to visit the debtor more than once a week.
• Mislead the client or those around him. For example, they say that the debtor has already been sued, that this could end very badly, and so on.

If debt collectors violate the law, the borrower has the right to go to court.

How can a debtor protect himself?

On the one hand, communicating with debt collectors causes fear. But if a person understands the laws and is aware of his own rights, he can easily defend his interests.

Basic rules for communicating with debt collectors

When a debt collector calls, it is important to switch to “indifference mode”, conduct a calm dialogue, and not show your excitement. Collectors tend to put pressure on the psyche - in response, you should give clear answers.

Preparing for the conversation

It is important to familiarize yourself with frequently asked questions in advance. This will make you feel more confident and easily neutralize the arguments of collectors.

Request that the debt collector identify himself

If he has not done this himself, you need to ask him to provide all the information:

• name of the collection agency;
• position held;
• reasons for making a telephone call.

If you receive a refusal, you can safely hang up, warning the collector that the information will not be provided to an unknown person.

Typical answer scheme

Employees of a collection organization responsible for maintaining a dialogue with clients contact them using pre-prepared templates. Therefore, each question should be answered with a template short answer.

Calm explanation of the reason for the delay

It is enough to explain it just once. The collector, as a rule, is not interested in these arguments, because his main goal is to quickly receive payment in a short time. For systematic calls, it is enough to say that the reason has already been indicated and nothing has changed since then.

Recording a conversation

This is very useful because the collection agency may violate the law by using illegal measures of physical and psychological pressure.

1. When meeting in person, you should turn on your phone camera or voice recorder.
2. In the case of a telephone conversation, use a voice recorder or special applications to record calls.

If the debtor has received threats from a debt collector, the recording of the conversation can be used by the debtor in court as evidence.

Promise to go to court

Collectors are not interested in litigation, since they themselves commit violations for which they may be punished. There is no need to listen to arguments that working through the courts will lead to even more serious consequences. On the contrary, the judge records the existence of a debt, after which the client has the opportunity to reduce the fine and penalty.

What to do if threatened

When receiving threats, it is imperative to record violations. Next, you need to seek help from a local court or file a statement at the police station.

For violation of the rules governing the principles of interaction with debtors, the collection agency is responsible.

Who are “Anti-collectors” and when should you contact them?

The anti-collection organization provides assistance to clients who have encountered violations of the law by the debt collector. The list of basic services includes the following:

1. Individual consultation and study of case materials.
2. Protecting the client’s interests in court and other state or municipal institutions.
3. Organization of work with a collection agency, commercial bank and insurance company.
4. Preparation of a package of necessary documents.
5. Getting a deferment.
6. Search for alternative options for resolving a conflict situation.
7. Assistance in debt restructuring or refinancing.

The employees of the anti-collection company are well versed in the law, so they help resolve problematic situations.

International practice

In Europe and the USA, the activities of collection agencies are strictly regulated at the legislative level. Each such company must have a license - this is not always the case here. Russian debt collectors can disguise themselves as companies that legally have nothing to do with the services they provide. For violations related to psychological and physical pressure on the borrower, in America and Europe you will have to answer harshly - pay a large fine or go to prison (applies to both managers and the order executors themselves).

Real experience of debtors

Here are the reviews borrowers leave about debt collectors on the Internet:

Alexander, Moscow

My debt amounted to 12 thousand rubles - I couldn’t pay on time because I was treated for 3 months after a pelvic fracture. No one wanted to pay attention to my condition - they called almost every day. I had to borrow money from friends so that these extortionists would not bother me anymore.

Igor, St. Petersburg

I just laughed every time I called. Whatever excuses they came up with, they said that they would fire me from my job, put me in prison for 5 years, and take away my apartment and car. One day my patience ran out - I said that if they continue to threaten me, I will go to court, handing over all the phone records of the calls. Now they seem to have calmed down.

Alesya, Ekaterinburg

These collectors constantly threaten, hint at violence, and threaten to ruin my life if I don’t pay off the debt. Moreover, they are not even embarrassed by the fact that after a month of delay I have already made payments 3 times in 3 weeks. I don’t know if I should contact a lawyer or something.

The best way to avoid dealing with debt collectors is to make timely loan payments. If this is not possible, you can use legal methods to solve the problem. Among them are debt restructuring and turning to anti-collectors.