2024 Author: Howard Calhoun | [email protected]. Last modified: 2023-12-17 10:16
It is pointless to argue about whether or not to take a bank loan. It all depends on the circumstances: for some, this opportunity helps a lot, while for others it turns into a real hard labor. Often, credit organizations turn to collectors - private firms offering their debt collection services. The activities of such organizations are poorly regulated by law, and therefore, various abuses of their powers often occur on their part. How to deal with collectors and defend your interests? This is exactly what will be discussed in this article.
What rights does a defaulter have?
Despite the fact that there is no special law in the legislation dedicated to organizations involved in the return of overdue loans, the activities of any company should not go beyond the legal framework. And therefore, specialists who know how to deal withcollectors, it is highly recommended to remember the following rules:
- If an obligation is transferred to a new creditor, the debtor may not fulfill it until he is presented with an appropriate agreement with a banking institution, as well as a written request to repay the debt.
- In the event of the expiration of the three-year statute of limitations, any claims of collectors become illegal. At the same time, according to the law, the countdown is carried out from the moment of the last contact with the representatives of the bank (telephone conversation, payment of money, receipt of a letter, etc.).
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How to deal with collectors threatening to take away property? Remind them that this is possible only by court order, and only bailiffs are involved in this.
- The amount of debt, sanctions for delay and the procedure for repaying the debt are determined exclusively in the agreement with the bank, and if collectors give other numbers, remind them that these conditions cannot be changed by them unilaterally, i.e. without your consent.
Communication with collectors
The main technique that underlies all the methods of work of such organizations is psychological pressure on the debtor. Usually it takes place quite legally - the citizen is explained what the non-payment threatens him with, but often collectors emphasize that the borrower is not familiar with his rights, and use rude methods, including outright threats. How to deal with collectors in this case? First of all, check the statute of limitations of the debt. If heless than three years, call the bank and ask which agency is now collecting overdue loans. After that, ask the collectors for the relevant documents that confirm their right to demand the return of your debt. Until they do, all communication with them should be cut off.
Before you start the conversation, just in case, warn creditors that you intend to keep an audio recording. Do not provide collectors with personal information: place of work, income, addresses and phone numbers of relatives. When talking, remain calm and do not try to persuade creditors or make excuses. If the amount of debt is large, it is better to entrust the interaction with a collection agency to a good lawyer. In this case, it will be possible to draw up a fairly effective strategy and count on a successful outcome.
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