The availability of loans of large commercial banks and microfinance organizations create the problem of lover of population. Unfortunately, not every borrower in our country is conscientious and able to fulfill their credit obligations.
Banks and other credit institutions sometimes do not cope with the recovery of funds from a huge number of debtors. Based on this, banks are forced to contact the so-called "collectors", on the basis of a cessia selling them debts.
Despite the fact that after fierce disputes relative to the collers figures, their activities in 2016 were strictly regulated, they all continue to go beyond their powers.
Let's try to figure out what to do if the collectors threaten how to protect themselves from their arbitrariness, what should I do if the collectors came home?
In fact, the collector is a person carrying out loans and penalties for the use of them if the payment period has already come.
Simply put, the collector is an intermediary between the bank and the debtor, which is valid only for the interests of repaying debt requirements.
As a rule, banks are resorted to selling only hopeless debts. This is because such a sale is carried out for them with a loss of about 30%.
The new law regulating the activities of collectors is provided for state control over their behavior. Debt collection firms are registered in the state register of such organizations regarding them, checks are regularly conducted.
In order to start a business as a collection agency, it is necessary for 2019 the satisfaction of the following requirements:
- The firm must be registered only in the form of a business society;
- The company cannot be in the stage of liquidation or be the object of bankruptcy procedures;
- The size pure assets Firms should not be less than 10 million rubles.
In addition to the requirements for a legal entity, the law has established requirements for persons involved in interaction with debtors.
So, the collector cannot be the following subjects:
- The person who is outside the territory of the Russian Federation;
- A person with an outstanding or unmanned trial for crimes in the economic sphere, against personality, public security or state power.
Because of the frequent in lately Criminal offenses carried out in the framework of the execution of their duties with collectors, the rules of collector interaction with debtors are strictly fixed by law.
- Damage to property;
- The threat to the use of physical strength, causing harm to health or the threat of murder;
- Humiliation of dignity and honor;
- The use of psychological pressure;
- Implementation of misleading about debt.
No information about the debtor or his debt obligation Collectors do not have the right to transfer to third parties.
Interact with you at night collectors can also not. The number of telephone calls to debtors is limited as follows: 1 time per day, 2 times a week, 8 times a month.
How to punish collectors for violation of the law?
All the actions of collectors who directly contradict the legislative standards or are not at all in the law, can be challenged. Collectors and collector agencies can be punished.
First, before proceeding to the description of the instances in which it is possible to complain about collectors, it is necessary to dwell on the sanctions used in relation to such legal entities And their employees.
So, it is necessary to note the following sanction methods:
- If the collector or the collector agency is carrying out activities that are not included in the state register, the sanction in the form of a fine may be applied to 1 and 2 million rubles. respectively;
- During the violation of the legislation on the collector agency, a fine of up to 100 thousand rubles may be imposed;
- For violation of legislation, a finability of up to 50 thousand rubles may be charged with a collector.
Most often, the interaction with the debtor occurs through telephone conversations. At the same time, collectors neglected the established calls by calls and persistently put pressure on debtors by telephone.
The most common issue, the exciting debtors, is the question - how many times a day collectors can call the law in 2019. Unconditionally the law approves the daily rate in one call.
Do not take more tube from collectors or explain to them on the phone that they go beyond the powers and may be punished for it.
How many can collectors call? And what can they do by sending endless threats?
Calling on output collectors can at any day. It is forbidden to call from 20:00 to 9:00 o'clock local time stay of the debtor.
The question, whether the collectors have the right to call the relatives of the debtor, the law does not specify. However, in general rule Collectors are required to act within the framework of the agreement concluded with the debtor.
If the debtor does not want the collectors to call his family, he must provide a statement or letter to the collector organization in which he has the right to specify this request.
If after this collectors will continue to call relatives, you can safely appeal their actions in various instances.
And what if collectors will call you to the service? Do the right collectors make a job?
For this call, collectors are not right above all because such actions violate bank secrecy. Accordingly, the call to your company can also be appealed as illegal.
The collectors have the right to notify the debtor about the debt obligatory by any means, including SMS alert. The main thing is that the time in which the reports come to was within the law.
Direct threats to the message should also not contain. This is a direct violation of current legislation.
In order to avoid conflict and litigation with collectors, it is better to just turn off the phone for sleep time. If all the collectors threaten through SMS, you need to immediately complain.
Despite the fact that the search for the debtor's search and attempts to return his debt today competently debugs, they still often occur situations when collectors mistakenly call on the debts of other people.
If you have come calls or letters from collectors demanding to return one or another duty, the relationship to which you do not have, you should choose from one of the following methods of combating:
- Orally explain the collector the situation that you are not this citizen and never took a loan in this bank.
- Send a written appeal to the collector organization and attach documents confirming your words: a copy of the passport, extracts and information about debts.
- Change the phone number.
- Consult a complaint to authorized organs.
What instances to treat a complaint?
When the collectors got, and the edge is a question - how to get rid of collectors, the use of active actions to protect their rights are required.
There are a large number of instances that can help you in the fight against collectors.. We will deal with whether to complain about collectors.
Complaint of the collector firm
The first is the fastest, but the least effective way of appeal is to appeal to the head of the collector agency. This method is most suitable as a threat of further complaints.
To file such a claim is better in writing, indicating its data and the essence of the question in the name of the chief. By law within a month, you must get an answer to your letter.
Despite the fact that recently the number of such companies has decreased significantly, they still exist and can ease your existence.
Anti-Colaktori Bureau is representatives of the debtor, who for a certain fee on the basis of the contract take on interaction with collectors.
Such firms provide their customers with the protection of their lives and property in the illegal impact of collectors.
Complaint of FSSP
The federal bailiff service leads and controls the state register of legal entities, and also has access to the debts of all citizens.
Write a statement to FSSP with violations made by collectors, you can at any time on the official website of the FSSP.
Complaint in pipple
This is the National Association of Professional Collection Agencies, the largest association of all enterprises to recover debt obligations.
All violations by collector agencies can be eliminated with the assistance of. To compile a complaint, it will be necessary to contact the official website of the Collectors Association.
If the actions of collectors threaten your health or life, the collectors caused damage to your property, then where to apply for a statement?
To do this, contact any police station, ask for a sample and make an application for the name of the chief. Also, the application can be submitted through the official website of the Ministry of Internal Affairs.
In a situation where collectors focus on your home online, you can call the police outfit and on the spot to make a protocol on violations.
Complaint to Roskomnadzor
With any illegal actions of collectors, a complaint can be submitted to the Russian Committee on Supervision.
The Office promptly affects collectors by imposing penalties and attracting administrative responsibility.
You can file a complaint both personally and remotely through the website of the Committee.
Complaint to Rospotrebnadzor
Rospotrebnadzor solves questions regarding violation legislative norms Manifiers, verification of their rights and powers within the framework of interaction with the debtor, as well as the compilation of the claim for a credit institution.
The most effective ways to resolve the conflict are the direction of appeal to the prosecutor's office.
The prosecutor's office allows the facts of violation of legislation on collectors, and also stops crimes from the participants of the collector agencies.
To submit a complaint to personally or through the direction of the registered letter.
The complaint should be considered by employees for no more than 30 days if necessary for additional check.
The sample of the complaints in the prosecutor's office on the collector violations is as follows:
To the prosecutor's office Verkhnedvinsky district Vologda
vologda, ul. Proletarian, d. 111, p. 1
From: Grishchenko Sergey Nikolaevich
Address of residence: Vologda, ul. Tuzhnina, 12, quarter. sixteen
Phone: 8-978-009-78-66
STATEMENT
I, Grishchenko Sergey Nikolaevich, 01/12/1987, 05/17/2017 I took a loan in the bank of PJSC "CREDBANK" on the basis of loan agreement №128899. For this contract I received in use cash In the amount of 120,000 rubles, which pledged to return annuity payments for a period of 3 years at a rate of 30% per annum.
Due to the established challenging financial situation, starting from March 2018, I stopped paying funds to the bank.
In April 2018, I began to receive calls and SMS messages with the requirements immediately pay the debt and make money in full. Calicing faces were represented by the staff of the Collector Agency LLC "Word and Case". These citizens threatened me with violence, insulted me and my family.
I repeatedly requested them to provide advantageous documents that would confirm the right of employees of the Word and Case Ltd. require money from me. However, I was denied this in a rough form. Calls from collectors have become frequent, including at night (see the attached printout of calls). I have repeatedly spoken to them that the current legislation violates calls.
I was forced to record telephone conversations, the decoding of which I applied to this complaint. Collectors, I also notified that our conversation is recorded.
I believe that the actions of the Bank's employees of PJSC "CREDBANK" violate the Law "On Personal Data" and may fall under the action of Art. 183 of the Criminal Code "Illegal receipt and disclosure of information constituting commercial, tax or banking secrets."
the federal law "On the prosecutor's office" in Art. 10 points out that the prosecution authorities in accordance with their powers are permitted statements, complaints and other appeals containing information on the violation of laws. For this reason, I appeal to you for the protection of my violated rights and legitimate interests. Due to these circumstances,
Prosecutor's verification of the legality of employees of PJSC "Credibank" and LLC "Word and Case".
ATTACHMENT:
- Copy of the passport Grischenko Sergey Nikolayevich.
- Printing phone calls mobile phone 8-926-665-99-00.
- Deciphering telephone conversations with subscriber 8-495-789099.
No one is insured against severe financial situations, ruin, dismissing from work or business collapse.
No need to fear collectors, you need to show them on time that you know your rights and their powers and, in spite of everything, are ready to defend yourself and your property in any difficult situation.
Video: Collectors call - what to do?
Economists say that loans are the engine for the development of the economy. However, this judgment is true only with decent lending conditions and decent fulfillment of their obligations by all participating parties in this process.
If these conditions are not respected, then problems begins, which at one time strongly hit the financial well-being of many countries and the international economy as a whole.
When the bank begins to make a claim on a loan, a person is usually not protected before this financial machine. In this article we will deal with how to behave correctly when collectors threaten what to do and where you can seek help.
Why do such problems arise?
People take loans mainly for one reason - there is no possibility to pay the whole amount immediately to buy the necessary thing. When issuing a loan, borrowers choose such a period in which the level of the monthly payment will be low enough to insignificantly affect the family budget.
However, only fortune-tales know what is waiting for each of us ahead. And sometimes such situations occur when income fall sharply, and there is no possibility to carry out loan payments on time. In this case, the loan is appearing.
There are such moments when the bank increases independently interest rate According to the contract, and it is no longer on the shoulder payer.
When such situations occur, the bank can sell your duty to the collector. And their working methods can not only affect your health, but also on physical health. If you hit this situation, and the collectors threaten you what to do, let's look at it.
Knowledge of laws - your weapon
People who professionally engaged in debt returns are accustomed to take their victims by Nakhp. Threats of physical violence, calls at night relatives and other tools become their assistants.
However, their powers, data from the state, are clearly defined in legislation. The relevant articles can be found in the Law of the Russian Federation "On consumer credit", In which the ratio of collectors is clearly painted. So, if your collectors threaten what to do in this case? First of all, get acquainted with the letter of the law.
For example, there is a clear rule that regulates the time interval in which you will help to call "extortionists": on weekdays from 8:00 to 22:00, and on weekends - from 9:00 to 22:00.
It is also worth noting that the debt collection organization has the themselves other commercial firms and companies. This means that they cannot make anything contradictory law. Understanding this will help you not to lose a composure when they violate the specified rules?
You need to boldly declare that they go beyond the laws with a clear entry to a specific article. Believe me, they do not expect this.
Any threats are beyond the framework of the legislation of the Russian Federation
Do not agree and go on the "extortionists". Do the right collectors threaten? Of course not. Whatever terrible collector or vote, it is not allowed to indirectly or directly threaten you.
And this is just the main weapon of "extortioners." The main threats are reduced to what you are advised not to go late in the evening in dark alleys, take the time of children from school on time and turn off the electrical devices.
In these statements has the fact of hidden threats:
in the first case you are threatened with injuries;
in the second version hinting that children can kidnap;
in the third case, they talk about a possible arson.
Undoubtedly, all this can take any person out of balance. In this case, collectors can be held accountable according to 163 of the Criminal Code, which describes signs of extortion under the threat of physical reprisals or harm to property. For such a period of imprisonment of up to 4 years and a fine of 80 thousand rubles is provided.
Threats from the Financial Institution
If the bank threatens collectors, then you can not worry. First, it is illegal. And secondly, to carry out competent and efficient work, using collectors, can afford not all banks.
Of course, it makes sense to solve the question of growing debt immediately, making an additional agreement on the restructuring of the loan with the bank. In this case, the likelihood that your communication with the financial institution will come to hiring collectors, much decreases.
However, if it was not possible to adversely agree with the bank, and collectors are called and threatened, familiarize yourself with the steps listed below. Compliance with these items will help you talk to "extortioners" not like hunters, but as with victims.
Concrete Actions
If your collectors threaten the court or something else, do not need to panic. First of all, it is worth understanding how they concern your credit relationship with the bank.
After all, a person signs a contract for the provision of a loan with the bank, and not with a collector organization. Therefore, specify what company they represent what complaints have to you and on the basis of which they are presented to you.
Depending on their responses, you need to select the correct conversation tactics. May be two different ways. The first, when agency agreement was concluded between the bank and "extortioners". Second, if the bank sold your collector company loan.
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. There are no legal consequences for you such calls, even if the collectors threaten the court, so you can not even react to them.
If you call you from an unknown number and you understand what they say that any conversations will only be in court, and put the phone. Immediately add this number to the blacklist so that you can no longer disturb you.
Seeing that you do not take the phone or blocked their numbers, you may begin to start SMS, with which collectors are threatened with violence. They may be the most different nature. For example, there are such options:
a quick response group is sent to you, be prepared after 15 minutes to open the doors;
tomorrow an appraiser of apartments will come to you, we will decide how much you can sell your housing;
if you do not want to have health problems, then return the money during the week.
Other, coarser phrases are possible.
Their task is to scare you
The meaning of this all is to scare you and create moral pressure. You do not need to respond to these messages, save them in the phone's memory and print on paper so that the date and number from which they are sent are visible. This will help you in court to prove violations that gave collectors in the process of their work.
And if they came to your home and knock on the door, immediately contact the police. The outfit of law enforcement officers will cool their dust. Do not be afraid of this action, because your police credit is absolutely not concerned, and they will not be able to do anything. But the hooligans pull out from the landing completely capable.
If your loan is sold to collectors
If the bank, cleaning its balance, resell your credit debt A collector agency, then things are somewhat more complicated. After all, the second legally have the right to demand a debt return from you.
However, banks do not always have the right to do so with their borrowers. In this case, when you are looking for, where to contact, if collectors threaten, it is better to choose a lawyer who specializes in such affairs.
Usually professionals immediately advise complaining about such actions. Feedback from their personal data and drawing up the prohibition on their treatment are able to cool the dust of "extortionists" at first.
You will also advise and help you draw up in case of threats towards your relatives, the prosecutor's office.
We draw conclusions
First of all, do not panic. Find out who the employee represents, who calls you and speaks about debt, ask how he belongs to your loan.
Operate the letter of the law, say collectors about their violations. If it does not work, then contact the relevant authorities, send "extortioners" copy of applications.
We will not know how to appeal to lawyers who are engaged in similar issues. It will not be difficult for them to competently calm collectors and agree on restructuring your debt to reduce the burden on your budget. There were also situations where they managed to write off part of the overdue debt due to the identification of various violations by the Bank.
So today we will learn how to be if the collectors threaten you. What to do in this situation? In what cases will your debts be transferred to such organizations? Is it possible to somehow handle them on legal grounds and without fears? All this is extremely important for the population of Russia. After all, problems with collector companies often pop up. Someone can quickly solve them, and some long tolerate the so-called terror from such organizations. How to be if you are threatened? How legally it is? And is it possible to somehow find the board on collectors?
Banks and debts
First of all, it is worth finding out how, in general, the transfer of debts to collecting companies is legal. Some tend to believe that all their activities in itself violates the framework of the legislation of the Russian Federation. But in reality it is not at all. Bank threatens collectors? What to do in this case? To begin with, not worrying. And browse your contract with a financial institution. There must be spelled out points on the transfer / sale of debt to third parties. If nothing like this is mentioned, you can not worry. All threats are illegal.
But when in a loan agreement there are points to sell debt to third parties, collector companies can get good to knock out money from you. With such circumstances, it is recommended to simply not delay the repayment of the loan. Divide debts as soon as possible. When you have good reasons, because of which you, in general, can not pay, you can agree with the bank about the deferment. And do not think about what to do if collectors call and threaten.
Collectors
But such cases are extremely rare. And often with debtors, it is a similar type of organizations. They literally knock out debts from citizens. But what are the collection companies? This is a third-party organization (third parties in your loan agreement), which are overlapping citizens' debts from banks, and then require their payments from the population. And funds come back financial institution. And collectors are left by a certain percentage. It can be said that collector companies are a specific type of business. 
They act with all truths and inconsistencies. To some extent, the activities of such firms are considered illegal. And therefore, often citizens are interested in what to do if they threaten the collectors with a violence or somehow differently. Is it worth the fear of them? And is it possible to somehow protect yourself with the help of the law?
Legislation
In fact, as already mentioned, collector companies often act within the law. And therefore the population should be known about the means of own protection. Indeed, often the consequence of knocking out debts becomes damage to property, as well as real threats to citizens, which often lead to the deterioration of their health. If the collectors are threatened, what to do? Articles of the Law "On Consumer Credit" indicate the rules for the behavior of collector companies. If they behave within the law, you do not have any means of real protection. It remains only to pay debts and not delay with it.
But often the norms of legislation are violated. How should the collectors act so that you could do anything? First you need to provide complete information about your company, as well as who communicates with the debtor. By own initiative Coming into the house to the one who needs money to the bank is impossible. On weekdays, the rules are valid from 10 pm and up to 8 am, on weekends - from 8 pm to 9 am. Abuse of its position is also not allowed. And, of course, no one has the right to threaten you, as well as spoil the property. Just all these norms are usually violated and not taken into account at all. Collectors threaten? What to do a citizen? It is worth protecting yourself and complain. Here is a small algorithm of actions that will help you. 
Preservation
Event development options can be a lot. And threats regarding you from the collectors are also diverse. Now you are able to get another "fell" in different shape. But it is she who helps you choose the right behavior tactics if you don't know what to do. Threatens collectors via SMS or using mailing letters to a home or email address?
You can say, they make their own grave. After all, according to modern legislation, no one has the right to threaten when debugging debts. Moreover, spoil property is also prohibited. So, first, save all letters and messages from collector companies. This will be proof of the wrongness of actions. Do not delete messages with threats. The more they are, the better for you. In the event of further proceedings, it can be operated by the evidence obtained.
Entries
But not everyone is so criminally belong to their actions. And often no letters and notifications with threats you will not get. Instead, as a rule, a phone is used. That is, you only talk to you. Oral evidence to grant is extremely difficult when proceedings. 
What if the collectors are threatened by phone? Try to fix and write down all your dialogs. They are also able to help if you decide to punish your pursuers. In addition, experts recommend contacting your telecom operator and receive recording if you have not done them yourself. Do not forget to request an extract about calls. Let it be known for the accurate volume of terrorism to your address. Now it is clear what to do if the collectors are threatened by phone. But this is not all situations and defense methods. Sometimes you have to act differently.
Fixing
In some cases, all the threats of collector companies will develop into real actions. And just at such moments, your defense should achieve its limit. Why? Because such organizations often violate the law along and across. They are able to crush you, spoil your property. Collectors threaten - what to do? If your property has already been spoiled by representatives of these organizations, it is worth fixing it. Video, witnesses - all this will help your defense. The main thing, do not be afraid. You act within the framework of the laws of the Russian Federation. No one has the right to encroach on your property, as well as spoil it.
What to do if the collector companies did any damage to your health? In this case, it will be necessary to conduct an independent examination. And get a medical conclusion, remove the beatings. Hurry! It is too good grounds To defend their rights. There should be no exceptions. If there are disinterested witnesses, you can enlist their support. And then go to protect your own rights. 
Environment
By the way, if you think about what to do if the collectors threaten the relatives of the debtor or the direct loan defaulter, the witnesses will not interfere with solving this problem. That is, you need to enlist the support from the side. It is unlikely that no one will be able to confirm that representatives of collector companies are pursued. Among familiar, there is a minimum of one person who knows about their illegal actions. Disinterested witnesses are an additional guarantee of your rights. Usually they are the neighbors of the victim, colleagues or just passersby who saw the property of a citizen. Remember: the more evidence and witnesses you have, the better. The chances of winning the case rises several times.
Appeal to the Court
Now you can contact your complaints about collector organizations In certain instances. In fact, there are two options for the development of events. The first is less peaceful. You must warn the bank that passed the debt to collectors about what you will complain if you are not stopped terrorizing. You also need to tell those who knock out money through threats. If everything remains just as it was, go to the second option. 
We are talking about contacting the court. When collectors threaten what to do in such a situation? This is interested in many citizens. And they, oddly enough, often turn to the district courts to protect their own rights. Usually, law enforcement agencies face the victims. After all, to prove the misunderstanding actions of such companies today is extremely easy. Especially if disturbing about it in advance.
You will need to write a statement to the court with a description of the reason for the complaint. Also provide evidence of illegal actions that you have. If there are witnesses, bring them with you. But do not forget to specify them in a suit. Attach a copy and the original passport (your). And then wait court session. The hearing will be held, during which it turns out how guilty you are, and whether the collectors really violated the law. In some cases, they still have to be injured (reimbursement of moral and material harm). Consider this.
Anti-Sollector
But a modern approach to solving our today's problem. What if your collectors are threatened? Or did they have changed to some decisive action? In this case, you can refer to the so-called anti-college companies. A similar organization began to appear in different cities of Russia not so long ago, but they already enjoy great demand.
What kind of companies are these? They help to find a board on collectors, communicate with them, advise the population about the tactics of behavior under certain circumstances. Also, if necessary, help apply to court. Or at all independently serve a claim for collectors. Usually, with the participation of such organizations, the case is won in two scores. It turns out that anti-collections are your additional protection. But you don't need to forget about the collection of your own evidence. Note, services are not free. You will have to lay out a certain amount for the help of anti-collevertors. 
Pay or not?
Now it is clear how to protect yourself from collector companies. As you can see, it is enough to simply collect evidence of the violation of the legislation of the Russian Federation, and then apply to the court or ask for help from anti-collers. Some think: can you just pay the bills? In practice, this action does not bring any results. Most likely, even after paying off the debt and loan in general, the threats will not stop. Such cases are not uncommon. If such a thing happened to you, only the court can solve the problem.
The threats of collector companies are their main way of exposure to debtors. At the same time, collectors often do not choose the ways to express their intentions, while not particularly worrying about how in fact their threats actually prove.
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What rights do collector agencies have?
In assessing the level of the collection of the collection agency, it should be processed from the fact that, according to the terms of the concluded loan agreement, it retains the period of its own action, even after all debts are sold to the Bank.
At the same time, in fact, there is a transfer of credit rights from the bank directly to the collector agency, which as a result and assumes all the rights of the lender on this credit agreement.
At the same time, it does not matter the fact that the loan was issued by the Bank, and its collector company demands.
Thus, essentially there is a transfer to returning rights credit funds To the collector agency, while it also inherits all the basic rights of the borrower.
The Rights of the Collection Agency in this case turns out to be limited to the statement of the requirements for the return of debt, taking into account the accrual of all proposed fines and interest on the amount of debt.
The activities of collector agencies are limited to the framework of the loan agreement and the legislation current in the country.
All the rights of collector agencies to recover debt from debtors are essentially reduced only to the requirement of debt refunds on a prisoner loan agreement. At the same time, only two can be implemented methods for the implementation of this right.
It makes sense to disassemble them in detail:
1. First of all, the collectors have the right to send the letter to the Client and the corresponding debt refund requirements. It is necessary to preserve certain information in such letters and requirements in order to consider them fairly legal.
This information should be the following nature:
- a description of the grounds on which the assignment to the Bank's law is made on a concrete loan agreement;
information regarding the current state of debt at the time of submitting a refund requirement;
- information regarding debt return time and level of responsibility for non-performance of such a requirement.
The degree of responsibility is determined by the submission of the claim to the lawsuits of the judicial instance on the fact of the default of the debt.
At the same time, there may also be two ways to deliver such requirements. Either this is a postal letter with the appropriate notification, or delivery directly to the debtor in hand under the signature.
For this, the collector can invite a voluntary debtor to his office or personally come to him home or work.
A collector's right to break into the home of the debtor's debtor, since in this case he suffers under criminal liability in accordance with applicable law.
2. Personal meeting of the collector and the debtor assumes a number of options pursuing the ultimate goal of returning current debt from the last.
For this, representatives of collector agencies should determine the reasons for non-payment of debt, and to bring the total amount of its total volume, taking into account the accrued interest and penalties.
The client is obliged to clearly imagine the consequences of the failure to fulfill them the obligations he took over.
It should be noted that in this case collectors are required and have the right to act exclusively by methods of persuasion.
They have the right to hold certain actions solely as part of the pre-trial coordination of the entire spectrum of issues related to the return of debt.
If the amount of debt will be refunded by the person who concluded an agreement with the Bank, collectors have the right to apply to the court to resolve the protracted issue.
What to do if threatened?
Collectors often resort to threats when carrying out their activities.
Among the methods of expressing their threats, the following can be distinguished:
By phone
In this case, you can simply not continue the conversation with them. To swear and insult them, of course, should not, but not to listen to threats to their address, in whatever form they have been expressed.
At the same time, it is not bad to know the rights of collectors and remind themselves unequivocally about what exactly the rights mentioned by the law, they in this case are violated.
Neighbors of the debtor
In this case, it will not hurt to conduct explanatory work with the neighbors and advise them not to join the collectors in any negotiations.
In the end, it is precisely the neighbors directly to such a situation with absolutely no, and they should not listen to threats to their address.
The collectors can be reminded of the possibility of incorporation of administrative responsibility for the expression of threats to people who have nothing to do with the case under consideration.
Write sms with threats
From the collector agencies, this is the most stupid thing that can be done. In this case, first of all, you should not remove the directed SMS to ensure that it is to present in the police in case of such a need.
Such messages are not within the competence and rights of collector companies, therefore should not be particularly paid to such an expression.
What has changed in 2019?
In the current year, cases of non-return of credit sums on the part of individuals. At the same time, collector companies have tightened their activities, which now regularly send debtors with threats.
On the other hand, some banks have ceased their existence in the country, which causes certain difficulties in returning debts in episodes specifically with these banks.
Nevertheless, the activities of collector agencies attracts more and more attention from the state.
This year, a law occurred, which clearly stipulates the procedure for the procedure for fixing the fact of bankruptcy of private actors.
From now on, debt in volume 50 000 rubleswhich the lender does not repay for half a year is a sufficient basis in order to recognize the person with bankrupt.
At the same time, the banking structure, which provided a loan to a person does not have the right to it, demand the seizure of his property. This also applies to the apartment of the debtor, even if the loan taken earlier was mortgage.
In addition, this year the press covered a number of scandals associated with conducting illegal activities by representatives of several collector agencies.
Law enforcement agencies took a whole flow of statements from citizens concerning intimidation by collector companies.
In this regard, they were repeatedly expressed by representatives of the power structures of the wishes to collect debts to close state control, as well as to conduct a significant restriction in rules for collector companies.
Collectors threaten children
In this case, follows obligatory Adjust your children in advance. Collectors have no legal law In general, come into contact with the children, and this thought should be consecrated to the consciousness of children.
In the event that such manifestations take place, it is required that the children be sure to tell adults about each such fact. It is also desirable that the facts of threats are documented.
It can be dictailed records or a video taken on a mobile phone. Such facts can later be used to submit an application to the appropriate law enforcement agencies.
Such statements have already accumulated abound.
Due to the development in the country economic crisis Cases of non-repayment of bank loans increased, after which collector companies have intensified.
Their representatives often raise the children of debtors near schools in which those learn in order to take advantage of any ways of influencing debtors.
It is necessary to clearly imagine that such actions are not legitimate and, if possible, they should be fixed.
If there is no such possibility, it is necessary, in any case, to explain to children that it does not follow in any conversations, but it is better to immediately go away.
How to behave correctly?
First, in no case should not be indulged in fear or panic. It is necessary to clearly imagine the entire volume of powers of representatives of collector companies, which they are eligible to do in law, and what to do they do not have rights.
When violating collectors of the framework of current legislation, it is necessary to pay direct attention to them.
In addition, you can personally negotiate with collectors. Where they will happen at the same time, at home by the debtor or in the office of the collector company, the person has the right to decide on his own.
What to do the borrower if collectors threaten? What can collectors make? In order to figure it out, it is necessary to understand that collectors are just commercial organization And they can act only within the law. The purpose of the collector is to make you redeem the debt in any way. We will tell you how legitimate ways To protect yourself and their loved ones from the threats and illegal actions of employees of collector agencies.
4 ... with the aim of personal contact and analysis of solvency, property status, preliminary compilation of the act Cost valuation of property.
Who gave the right to collector to conduct some kind of evaluation and inventory of property? Such powers are only in bailiffs on the basis of a court decision.
5 Transferring data to the credit history bureau.
Again nonsense. Data in the BKA can only transfer the lender.
6 Restrictions on the intersection of the borders of the Russian Federation.
To impose such restrictions can only bailiff within executive proceedingsIf the debtor does not fulfill the court decision.
7 The assignment of the requirements for a collector's contract ...
LLC "Vostokfinnce" - the collector agency itself, what else to the agency it is going to assign the right to which he does not have.
8 ... that will lead to the accrual of additional commissions and fines.
Accrual of commissions and fines not provided for by the contract - illegal!
9 Transfer of materials to law enforcement agencies to initiate a criminal case under articles 159 of the Criminal Code - fraud; 165 of the Criminal Code - causing damage through deception or abuse of confidence.
Criminal liability is possible only if there is a crime in your actions. And this scanner has no other purpose, except for intimidation of the debtor. Believe me if it was possible to plant you, or at least somehow herself with the help of the police, the collectors would do without thinking not to a minute. This is just a method of moral pressure and an attempt to bring you out of equilibrium.
In general, as mentioned above - these are horror stories for the debtor. You can get acquainted, and fold into a heel. Proof of threats from collectors in our address will be more useful to us. These letters can be attached as evidence of threats from collectors to complaints to the prosecutor's office, police, and others supervisory authorities. How to write these complaints and statements, read in our articles:
What to do if the collectors threaten by phone
If collectors threaten you by phone, you can choose two behaviors.
1 You can carefully listen to the collector, you can even provoke a little, in order to have more nahami. At the same time, you write down the entire conversation on the voice recorder. Almost all modern phones provide such an opportunity. And then with the recording of the conversation, which is proof of threats, we appeal to law enforcement agencies. How to write a statement to the police on the collectors is stated in detail in the article.
2 Add numbers from which calls with threats are blacklisted. You do not have to listen to threats and rudeness to your address.
What to do if the collector arrived in person
Invite or not in the house of Visiters - exceptionally your case. Article 23 of the Constitution of the Russian Federation guarantees us the right to secret and privacy. You have full law Do not open the reservoir door, do not let it into the house, into the courtyard, etc.
In general, in the communication of the debtor with collectors there is one very interesting legal conflict. If we turn to Article 308 of the Civil Code of the Russian Federation, the parties of the obligation, namely, part 3, as follows that "the obligation does not create responsibilities for those who do not participate in it as parties (for third parties)." What does it mean? Explain. If the bank concluded an agreement with collectors, according to which the latter should contact with the debtor, the parties to this contractual obligation are the bank and collectors. And these sides have certain responsibilities. And the debtor is not a party to the obligation, since he did not sign the trilateral agreement with the bank and collectors. Accordingly, the collector has a duty, contact with the debtor, and the debtor has no obligation. So that all communication with the collector can be built exclusively on your goodwill.
So, the collector came, shouting under the door, knocking, threatens the house to burn - call the police. This is just in their competence. Let them understand. Do not forget to inform the collector that Police outfit has already left, just do not open the door. It acts on such figures as good sedative. Collectors perfectly understand that they violate the law, therefore, most likely, by the time of the arrival of law enforcement officers, collectors fools as the wind.
What to do if the collectors push the announcements discarding your reputation
Here the collectors violate so many laws, including the constitutional, that the most correct solution and method of counteraction will be writing complaints into all supervisory authorities (Rospotrebnadzor, Roskomnadzor, Thapka, Prosecutor's Office, Police). Plus a statement to the police and the prosecutor's office about hooligan actions, slander, violation of banking secrets and inviolability of privacy.
Article 21. Part 1. The dignity of the individual is protected by the state. Nothing can be the basis for his diminution.
Article 23. Part 1. Everyone has the right to inviolability of privacy, personal and family secrets, protection of their honor and good name. Constitution of the Russian Federation.
The snag in this situation is that it will be possible to prove someone who put out leaflets will be possible only if there is eyewitnesses of the incident or surveillance cameras on the house or in the entrance. And in the absence of the above-mentioned evidence or witnesses, yes even if the borrower should not be one of the financial and credit organization, it will be difficult to find and punish the perpetrators.
What to do if the collector threatens the court
Before running towards a lawyer, let's see what the chances are that collectors will really turn to court. Remember, only the lender can appeal to the court. If the collector company works under the agency agreement, and did not borrow a debt under the contract agreement, the collector can only represent the interests of the creditor in court.
First of all, you must understand that the less the amount of your debt, the less likely that the lender will go to court. The lawsuit is a cost business. And from a material point of view, and from the time of time. If at a debt of ten thousand rubles, the collector will send you copies claims To the court, then look carefully. Most likely, somewhere below, a small font will be written "Sample". So, not worth paying attention to such documents.
If we are talking about a major debt, then the trial is only a matter of time. But most likely, to sue will not collect workers, but a bank. In addition, the court is not the worst version of the development of events. As a result of a court, you will certainly quit a smaller amount to pay than the one that collectors require and the amount of debt will cease to increase due to accrued interest and fines.
How to behave in court, and how the trial passes, we wrote in the article ""
Even if you never took loans, it does not mean that you are insured from communicating with collectors and their Ham's behavior.
If you started calls from collectors to your phone number, and you know do not know what kind of credit and do not understand what they want from you, then you need to find out from the caller all the circumstances.
Find out from the collector, the representative of which collector agency it is, interests, what financial organization presents. Explain that you are not a face that they should notify about the presence of overdue debts.
Contact your passport to the bank branch, which called you a collector. Take a certificate in the bank about the absence of your debt before this credit Organization. Write an application to the bank, that your phone number is mistaken in the database as contact number Debtor (perhaps, it will be necessary to attach an agreement for the provision of services telephone communication).
What to do when collectors threaten relatives of the debtor
We remind you that you can recover the debt from the relatives of the debtor, you can only in three cases:
1 You are a legitimate marriage with the debtor (the recovery of jointly related property can only be carried out by the courtship service by the court decision);
2 You are the heir of the debtor and have already entered into the inheritance;
3 You acted as a guarantor when signing a loan agreement and issued a contract of guarantee with the borrower.
Notify the collector that the Criminal Code of the Russian Federation provides for a punishment in the form of imprisonment for a period of up to seven years and a fine of up to five hundred thousand rubles under Article 163 - "extortion".
Write a complaint to the National Association of Professional Collection Agencies, Police, Prosecutor's Office, Rospotrebnadzor.
What to do when collectors threaten the familiar debtor
Above, we wrote that interaction with third parties (relatives, neighbors, family members of the debtor) can only be carried out if the debtor's consent to interact with third parties to return overdue debts. And if the third person did not express disagreement on interaction with him.
Write a letter to the bank and the collector agency that you do not give your consent to interact with persons carrying out recovery (collectors). In addition, all methods specified in the previous paragraph of our article will also bring positive results.
What to do when collectors are threatened by SMS
This is the greatest nonsense that collectors can make. The courtyard is not a stone age and find out the affiliation and geolocation of the mobile phone number for the police will not be difficult. And threats in the form of SMS messages are direct proof of unlawful actions of collectors to your address.
In no case delete correspondence with the collector. Contact a statement to the police station.
What to do when collectors threaten in social networks
Recently, collectors as one of the methods of moral pressure use the newsletter messages to the debtor's friends in social networks. This method is designed to undermine the confidence in the debtor at his acquaintances, friends and spoil his reputation. Unfortunately, Mount-collectors forget that the articles of the Criminal Code are applied not only to the actions of the debtor, but also to their own.
In the language of the Criminal language, this method of collectors is called "violation of privacy"
For such actions, Article 137 of the Criminal Code of the Russian Federation provides for responsibility in the amount of up to three hundred thousand rubles, or imprisonment for up to four years with deprivation of the right to hold certain positions or engage in certain activities for up to five years.
Also, such actions can be qualified under Article 138 of the Criminal Code of the Russian Federation. Violation of the secrets of correspondence, telephone conversations, postal, telegraph or other messages. Shall be punished with a fine of up to eighty thousand rubles or in the amount of wages or other income of convict for the period up to six months, or mandatory work for a period of up to three hundred and sixty hours or correctional work for up to one year.
Click to enlarge the image
If you encountered similar actions of collectors, you need to apply for law enforcement agencies. Even if the collector sent similar letters anonymously, then find it easy. At the request of law enforcement agencies, information about the IP address from which the distribution was made will be communicated by the police provider. The rest, that is, the detection of the real address and the identification of the person written, as they say, the case of technology. With a model of an application to the police in the event of this situation, it is possible to familiarize yourself.
Where to complain about collectors
The supervision of collectors is entrusted to several departments. From December 15, 2016, the presidential decree was supervised by collector agencies transferred to the Ministry of Justice and FSSP (bailiffs). But it is pointless to complain about there, since the Ministry of Justice is engaged in regulatory and legal regulation of collectors (that is, it cares the letter of the law under their actions), and FSSP carries out state control.
To begin with, at the threats coming from the collector, it is necessary to complain about the collector agency itself (supervisor) and to the bank, whose interests are presented by collectors. A complaint against the bank and the collector agency, if it does not stop the threat of threats to your address, then at least it will make it clear about the seriousness of your intentions.
In addition, the actions of the collectors you can appeal in the National Association of Professional Collection Agencies (ink).
If these measures do not help, it remains to write a complaint against collectors to the police, the prosecutor's office, Rospotrebnadzor and Roskomnadzor. How to do it correctly you can learn in our articles:
Frequently asked Questions
Collectors were brought to white cagid. The phone calls every five minutes. How to get rid of collector calls who gave my phone?
Chapter 2, Art. 4, Part 1 of the Law "On Protection of Rights and Legal Interests individuals In carrying out activities to return overdue debts and on amending the Federal Law "On Microfinance Activities and Microfinance Organizations" from 03.07.2016 N 230-FZ, reads - interaction with third parties (relatives, neighbors, members of the debtor's family) can only be carried out When complying with certain conditions, namely:
1 There is a debtor's consent to interact with third parties to return overdue debts.
2 Third party did not express disagreement on interaction with him.
In order for collectors to stop disturbing you, it is enough to declare your disagreement to the interaction of the creditor. Not collectors, but a bank. Go to the Bank's Department, on behalf of which collectors worried you. Write a statement that you are not a borrower of the bank and prohibit the bank and persons associated with it any interaction with you. If after that calls will continue to complain about the bank in and Roskomnadzor. Banks do not like it. Let them disassemble with the collectors.
Do collectors have the right to break into the house?
No, Article 23 of the Constitution of the Russian Federation guarantees us the right to the mystery and inviolability of privacy. You have the full right not to open the door to the door, do not let it into the house.
She took a bank loan in 2013. Paid five monthly payments. Then due to the loss of work, I could not pay. Must can a bank of 265,000 rubles. How to become bankrupt?
The collectors came and said that they would describe and pick up the property. I did not open the door to them. Can they come along with the police?
Law enforcement officers do not conduct any events together with collector agencies. You did not quite rightly enrolled without opening the door to them. Collectors do not have the right to enter your house without your consent, and even more so describe and take property. Such powers have only bailiffs And only on the basis of judicial decision. Write a statement to the police for extortion.
Is it possible to hide from the collectors? I do not break the law evading contacts with them?
Collectors are a commercial organization that has the right to notify you about the presence of overdue debts and debt refund methods. You have no duties towards collectors. You do not have to talk and meet with them.
Conclusion
Summing up our conversation, I want to say if collectors are threatened. Do not fall into panic. This is what they achieve. If collectors are simply inadequate, then tell them what to communicate about your debt you will only be in court. In the case of threats to your address, blackmail, use our advice and boldly contact the police. Be sure to fix all conversations with collectors on the voice recorder or camera, do not throw out letters from them, do not erase SMS. All this will be useful to you and will become evidence of the illegal behavior of collectors. Be careful and mandatory.
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