Collectors: legal or not? How to talk to collectors

2024 Author: Howard Calhoun | [email protected]. Last modified: 2023-12-17 10:16

Today, there are a huge number of collection agencies. In fact, they are not a state body, but use all the methods permitted by state law. That is why the attitude of people to collectors is very different. Many are interested in the question: collectors - legally or not, they act, how admissible their measures are in relation to debtors.

Are collectors needed?

The need for collectors is understandable, all because many banks and companies have accumulated a huge number of defaulters on loans since 2008. In addition, many have interest on loans, which also remain unpaid.

It is very mutually beneficial for collectors to cooperate with banks in collecting debts. After all, such agencies receive their part of the remuneration established by the contract. In addition, an alliance with a reputable and reputable bank rather strongly strengthens the position of anycollection agency. Although there are nuances, for example, old debts. The legal actions of collectors do not always remain legal in relation to old loans - after all, it is almost impossible to collect debt on them.

Today, many large banks work together with collection agencies. True, the state questions the legitimacy of such actions, as well as the very method of collecting debts with the help of such agencies.

Important to know

Organizations dealing with delinquent loans can have a variety of names. This may be a “credit security bureau” or “loan assistance”, but their activity is precisely to collect debts from creditors.

Collector activities

Recently, collectors have been telling everyone that they are only acting legally. Moreover, Rospotrebnadzor immediately reacted to this in the form of information in the press. The bottom line is that in Russian legislation there is simply no such entrepreneurial activity as debt collection. Therefore, the question whether collectors are legal in Russia is relevant, and the answer to it is most often negative. Why then are they allowed to carry out their activities, work according to certain schemes, and the state allows it.

Rospotrebnadzor has its own opinion

Engaging debt collection specialists from the right company has long been a common practice around the world. And this is indicated by the collectors themselves and those who control them. However, Rospotrebnazor believes that people are simply used to them as a given andput up with it.

Those who fight against collectors believe that they are cleverly manipulating the concepts of civil law and the legislation itself. Moreover, collectors are waiting for the soonest adoption of the law on their activities. Although, it turns out, his absence plays into their hands, because they can relieve themselves of responsibility for their actions. When there is no specific law, it is difficult to know which agency is acting according to the law and which is not quite in accordance with the civil code, and often violates human rights.

Grey Agencies

Whether collectors operate legally or not - it is impossible to understand if there is no certain framework. True, if we rely on practice, we can get a description of "gray" agencies that act not entirely legally. So, they report that their psychological help and support helps to repay debts. What happens here is that debts are collected through threats and promises of criminal prosecution. Moreover, the debt can be challenged in court. They also promise to describe the property, call relatives and colleagues. It turns out telephone terrorism, which finishes off people morally, and they bear the last to pay back part of the debt.

Nuances of collector work

Very often the essence of the contract, on the basis of which collectors act and put forward their demands, is silent. It turns out that the debtor is not explained that collectors act in the interests of the bank with which they have an agreement. While absolute obligations cannot be imposed on third parties by law,especially when there is a dispute with the bank. It turns out that the debtor can ignore any actions of collection agencies in relation to him.

The opinion of debtors is not taken into account

The Bank cedes to collectors its right to recover debt from the client. In addition, there are changes regarding persons under obligation. According to the law, it is permissible to assign one's claim to another person, if this does not contradict the law, in other words, the contract. Moreover, the assignment should not take place without the consent of the debtor. After all, the personality of the one who collects the debt from him is of great importance to him. Here, the important point for him is generally how to talk with collectors and respond to their arrival. It turns out that the opinion of the debtor himself was bypassed, and this may lead to certain consequences, for example, refusal to cooperate with intermediaries.

Dangerous Moments

It should be borne in mind that the actions of collection agencies may fall under the article on extortion. After all, they are not subjects of banking activities. Therefore, they cannot replace the bank as a new lender. The rights of collectors are very limited in this sense. After all, according to the law, the right of one creditor can be transferred to another only on the initial conditions and in the same volumes that existed at the time of the transfer of rights.

It turns out that the client must receive a document from the bank that his debt was transferred to a collection agency. In fact, such a document is shown as an accomplished fact and personally fromyour name. It turns out that the rights of the debtor are violated in this case.

Bank secrecy

An interesting situation arises with bank secrecy. After all, according to the law, a creditor who cedes his rights to another person must give out all the information on the client in order to fulfill the requirement. At the same time, the bank guarantees its customers to maintain secrecy about their deposits, transactions and any available correspondence. Then it is impossible to assign the rights to collectors for obligations between the bank and the borrower - this is contrary to the law. In this case, the clause on bank secrecy is violated. Are collectors legal in this case, are their actions justified? In addition, the change of official does not allow the debtor to express his objections to collectors who are not banking service providers. But the claims that are primarily against the bank will remain.

Answering word

The society of collectors reports that their actions are quite legal in Russia. Rospotrebnadzor, on the contrary, believes that their activities lead to losses in the financial system and have a bad effect on the legal literacy of people. The collection business is considered a new type of activity in our country. In addition, despite all the negative, in many situations their actions are based on really legal grounds. It turns out that the rights of citizens are not inherently violated. It's just that people really have little information about such agencies, so difficult situations arise. In addition, many simply do not know how to talk to collectors and how the return procedure works.debt.

What's the problem?

The essence of the misunderstanding between the bank, collectors and borrowers is that the activity of the latter has no legal framework. Moreover, many understand that this activity is entrepreneurial. That is why we need a law relating to this type of activity. It may also be necessary to make certain amendments to the civil code. Then the question whether collectors are legal or not will disappear on its own.

Practice

If collectors come to you, then you need to be able to communicate with them correctly. To do this, you need to stock up on information about their work with the bank. Here the following situation arises: the bank exposes your delay to collection agencies, and they, in turn, buy it. Then an agreement is drawn up between them on the transfer of the rights of the creditor to another person. Part 2 of Article 382 of the Tax Code is used here, where it is mentioned that the consent of the debtor is not required. Further information about the debtor goes to the collection agency. There are two options:

1. Debt can be transferred to a third party. It turns out that the bank is selling the debtor to the agency.

2. The bank concludes an agreement with collectors that they are obliged to work out the problem borrower given to them for a certain period.

It often happens that collectors buy already worked out debtors. Therefore, reviews about such agencies can be negative, because they themselves are not informed about the situation with this person. They start working with him, and then it turns out that the debt has been repaid. It's already the faultnot collectors, but the bank itself.

Agreement

The situation today is ambiguous, but there is a way out of it. You just need to learn how to develop cooperation with agencies that can assist in the return of money. To do this, you need to sign a tripartite agreement. Here, the bank, the borrower and the collection agency itself are already taking part. Through this, a balance will be achieved, and actions will have completely legal grounds. In this case, the question about collectors - whether they work legally or not - will no longer be so relevant.

It is worth noting that there are also anti-collection agencies. They help citizens to reconsider the schedule of payments on the loan. They also resolve the issue of debt recruitment or seek a reduction in the rate on your loan. They can help stop interest accrual, help make a decision in your favor, and much more. Therefore, you can turn to them for help if the situation is very difficult. However, collection agencies today operate on the basis of the law and generally do not break it. If you know how to talk to them correctly, then you can independently agree on everything. As a result, find a solution to the issue of repaying the debt, and at the same time save your own and other people's time.