Who knocks out debts on loans from bank borrowers?

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

Borrowers who default on loans may encounter representatives of collection agencies. These are those who knock out debts from malicious defaulters. A meeting with collectors means that the bank has terminated its obligations in terms of claiming debt on loans and transferred authority to another organization.

What are collection agencies?

Those who knock out debts on loans are legal entities engaged in financial activities to ensure the return of the loan. Agencies work for hire: they are most often approached by banks and other credit organizations whose clients owe companies under loan agreements.

Collectors operate on the basis of the Federal Law of July 3, 2016 N 230-FZ "On the protection of the rights and legitimate interests of individuals in the implementation of activities to return overdue debts."

Despite the existence of regulations in the legislation of the Russian Federation, the activities of "debt collectors" often exceed the specifiedpowers. Complaints repeatedly appear on the Internet about the actions of employees of collection agencies, who rudely force borrowers to pay off their loans.

Citizens who know firsthand how debt collectors collect debts, after paying obligations, they prefer not to burden themselves with loans and not act as guarantors for loans of loved ones.

What is the activity of collectors?

According to Federal Law No. 230-FZ of 2016-03-07, collectors carry out their activities to return loan obligations, in accordance with the legislation of the Russian Federation. This means that any actions of bureau employees must not contradict the terms of the law and violate the rights of citizens.

Collection agencies begin active work only after the credit institution has transferred its powers to them under the loan agreement of the client. In 78% of cases, relations between banks, MFOs and "debt collectors" arise on the basis of a loan purchase and sale agreement.

The transfer of a loan obligation is a non-refundable transaction. Those who collect debts from clients get full control over the debt of the payer, which is why collectors are so interested in a speedy return of funds.

For a borrower, selling his loan to agencies means that his payments will be monitored more closely. The principles of work of collectors are often based on psychological pressure on the debtor in order to return the loan in any way.

What to do for payers whose loans the bankhanded over to collection agencies?

Unwilling to communicate with those who knock out debts, borrowers often go with a claim to a financial institution. But after the creditor transfers its obligations, banks are not interested in the client's contract. Their powers in the field of loan repayment have been terminated, and the debt has been bought out by a collection agency.

The client has no grounds for litigation in this case: relations between the bank and collectors are regulated by federal law. If the debtor has refused to make payments under the loan agreement for 3-6 months (or more), the creditor has the right to sell the obligations to "debt collectors".

This does not mean that the payer is exempt from paying the loan. On the contrary, collectors specialize in how to extort debt from the debtor, and will take active steps to repay the loan as soon as possible with all interest and accrued pen alties.

How should the borrower pay when transferring rights to collection specialists?

When selling powers to collectors, the financial obligations of the debtor remain in full, but the procedure for making monthly payments may change.

If earlier the client paid off the loan to the bank's loan account, now he is obliged to pay funds to collectors. The exception is cases in which a credit institution cooperates with "debt bouncers" under a lease agreement. This means that the bank did not sell the loan, but hiredcollection bureau to expedite the procedure for the return of obligations.

What does the "loan assignment agreement" mean in the relationship between the bank and collectors?

The sale of the loan to "bouncers" is carried out under an assignment agreement. A new recipient of funds in the face of collectors notifies the client about the transfer of his loan to a third-party organization. A letter on company letterhead must contain the reason why the borrower must pay funds to another organization (assignment of rights), details of the company and the total amount of the debt, including all interest and pen alties.

If the payer has not received a notification, collection specialists, according to Article 385 of the Civil Code of the Russian Federation, are not en titled to file financial claims.

List of authorized actions of employees to return loan funds

From January 1, 2017, amendments to the legislation regarding the powers of employees to collect debts came into force. Under the new law, collectors have only a few legal ways to get a debt out of a person. Allowed actions include:

1. Calls at legal times. Collectors can communicate with debtors through negotiations from 8:00 to 22:00 on weekdays and from 9:00 to 22:00 on weekends and holidays.
2. Personal meetings. Only after prior agreement with the borrower.
3. Letters to clients.
4. Communication via email and social networks.
5. Invitation to the office of the company.
6. Introducing an employee. The collector must name the full name, positionand the organization he represents.

Actions aimed at a personal meeting must be agreed with the payer in advance.

What is prohibited for collection agencies to use in the debt recovery process?

New amendments to the federal law have significantly reduced the powers of "payment knockers". Illegal actions of collectors now include:

1. Attempts of psychological pressure on the debtor or members of his family. Employees are prohibited from threatening, rude communication with borrowers, exaggerating the consequences of refusing to make payments.
2. Calls at night - after 22:00.
3. Rejection of submission during customer contact. Collectors, communicating with the debtor, are obliged to introduce themselves and clearly, in a polite manner, explain the requirements for repayment of the debt and the terms of payments.
4. Intentionally increasing the amount of debt. This amounts to fraud: the borrower must pay only the actual amount of the loan, including interest and pen alties.
5. Persecution of relatives who are not directly involved in the payment of the loan. Collectors can knock out debts only from the participants in the loan agreement, for example, guarantors, or those who inherited obligations under the law. In the event that the borrower dies, and the loan was not issued an insurance contract, the obligation to pay for it is transferred to relatives.

Those who collect debts cannot applyphysical force against the debtor. Any attempts at physical contact are regarded as abuse of authority and are punishable in accordance with the Criminal Code of the Russian Federation.

Collectors have exceeded their authority: where to turn?

If the borrower is faced with illegal actions of debt collection specialists, he has the right to protect his interests in court.

Violations of employees of a collection agency may be of an intangible nature, for example, causing moral harm to the payer and his family. Sometimes the actions of "bouncers" fall under the article of hooliganism: damaging the property of citizens by writing "Debt" or posting ads with a photo of the borrower in the entrance.

To protect interests and preserve reputation, the payer can file a lawsuit against the organization, as well as come with a statement to Rospotrebnadzor.

Can an individual turn to collectors for help?

Before the adoption of amendments to the federal law, the services of debt collection officers were often used by individuals. For example, collectors helped to knock out a debt without a receipt, even in the amount of up to 10,000 rubles. With the tightening of the list of permitted actions, the number of clients who seek the services of professional "bouncers" has dropped dramatically.

Under the law, employees do not have the right to be intermediaries between individuals if the amount of debt does not exceed 50,000 rubles. The condition is relevant for all categories of citizens, including single mothers whohow to beat out alimony debt in court, they turned to other organizations.

If the amount of debt obligations between individuals exceeds 50,000 rubles, the lender can attract collectors to collect their own funds. At the same time, the client does not have to have documents confirming the fact of the transfer of finances (receipt). Acting within the law, collectors will advise on how to collect cash from the debtor as soon as possible without a receipt.