2024 Author: Howard Calhoun | [email protected]. Last modified: 2023-12-17 10:16
"National collection service" - what is it? A question in this formulation can only be asked by a respectable business executive or a borrower who repays his debts on time.
Professional collection of receivables, meaning outsourcing, originates in the area of non-payments. A collection company bearing this name is faced by legal entities and individuals that generate receivables. Who are they, the “wards” of the legal entity we are considering, exercising the right to claim? The contingent is diverse: from respectable citizens or companies to fraudsters who are clearly hiding from creditors.
The topic of combating collections is often raised. Is it reasonable? Collection organizations, the purpose of which is the repayment of receivables, are in all developed countries. Their activity is regulated by laws. (Next, we will review the legal organization of collection in the USA, Britain, France). It is necessary to fight not with collection, but with cases of violation by individuallaw collectors.
Internal kitchen collection
The collection activity itself is carried out by the company in two directions.
The first is an agency scheme, in which the "NSV" ("National Collection Service"), guided by Article 52 of the Civil Code of Russia, receives a register of contractual debtors from the principal. Further, while working on repayment of debts by debtors, the collection company, acting in this case as an agent, receives from the principal its agency fee, which in the Russian collection market ranges from 20 to 25% of the amount of repaid receivables. However, the agency scheme, based on the all-Russian experience, provides approximately 20% of the income of collection companies.
National Collection Service's main focus is debt collection.
Currently, commercial banks and other partners of collectors willingly go for such a deal. Thus, firstly, having freed themselves from the “headache” about overdue receivables, they are able to concentrate their human and financial resources to a greater extent on their core activities. Secondly, this automatically improves the financial condition of banks, increases their market price when selling a business.
Banks sell their debt to collectors in portfolios, i.e. registers of debtors of several thousand people. The legal basis for this is a line in the contract with the client, which gives the bank the right to transfer the debt for collection to third parties. Portfolios are usually thematic. For example, card loans, unsecured loans, secured loans, mortgages. Collection agencies redeem these packages for a certain percentage (price). Currently, the price of such a package ranges from 0.5 to 2% of the total amount of receivables.
The value in the pricing of the package is the term of the debt. After all, if collectors manage to repay 60-80% of recent debts, sometimes it is not possible to collect even 5% of overdue debts.
So the debtors' registers go to the collectors, the debtors get a phone call, and a polite voice introduces itself: "National Collection Service…" "What is this?" - in turn, asks the debtor. He, through persuasion and negotiations, is patiently led to the right decision - to pay off the debt after all.
It should be noted that a person should not "run" his debt until it is paid off at the collection stage. To do this, you should contact the bank in time with a request for debt restructuring, deferred payments. In short, don't let things take their course.
If “everything is so neglected” that the conversation with the collector took place, we recommend using a phone with caller ID and a voice recorder. You can also ask the collection agency to send you a bank agency agreement and a copy of the agency's power of attorney by mail. Demand that the collector, of course, introduce himself and state the name of the collection agency he works for.
It is important to maintain a balance of interests. If the collector is coming towards youin terms of drawing up your own debt repayment schedule, then this is the right approach. A respectable citizen should not flaunt the absence of a law on collection activities and “go into denial”. There is a draft law, do not forget about it.
It's another matter if you feel moral pressure. By law, collectors do not have the right to inform close people, work colleagues about your debt, call them, break into your house. Also, the "horror story" about the application of Art. 159 of the Criminal Code of the Russian Federation, which determines liability for fraud if you have made at least one scheduled payment. Do not "be fooled" and on Art. 177 - "malicious evasion", it is used quite rarely. If you are taken too zealously, talk to collectors through a lawyer.
And now let's look at the same situation from the other side. There is no single recipe for how to adequately conduct a conversation with a debtor for a collector. However, there is a general recommendation: an experienced collector is obliged to conduct a conversation with a client in such a way that he is taken seriously. As a rule, former district police officers work better with individuals.
How does the General Director of "NSV" Artur Aleksandrovich see a typical debtor? This is a person who has borrowed thousands of rubles for 50 rubles, who came up with a “bright idea” to accept a loan as a gift. Therefore, he leaves Moscow, settling a hundred and fifty kilometers from it, without even thinking of paying. At the same time, the debtor thinks that “no one sees him.”
Federal level of work of collection companies
According to statistics, today more than 80% of Russian banking institutions outsource their loan debt to collection companies. Debtors of housing and communal services are also clients of collectors, and their debt for 2013, according to the Ministry of Regional Development of Russia, amounted to no less than 736 billion rubles. Mobile operators also massively cooperate with collectors on fraudulent clients (having understood the profitability of such outsourcing).
The scale of this type of activity is evidenced, for example, by the fact that NSV LLC (National Collection Service) carries out collection activities in 83 regions of Russia, becoming, in fact, a federal-level company.
Payment discipline and collection
The objective reality is that in a crisis, a business that arose in “good times” as doping, artificial, begins to fall, accumulating receivables. On the other hand, individuals who have taken on unsustainable financial obligations on loans also cannot service their repayment. The receivables generated by them act as a kind of blood clots in the financial system. Its redemption improves the economy. Therefore, collection activity, which forms payment discipline, is objectively needed by society. When a person or company stops making contractual payments, collectors meet with them and explain why they should pay.
Civilized collection services market
Why does the National Collection Service enjoy the authority of its partners? What is it - professionalcollection code of ethics? The company has entered into the rules the subsequent control over the activities of its employees - collectors. The discipline of observing the rights of debtors is achieved through in-house special training and instruction, and in some cases (obvious violation) - a tough response from the administration of "NSV". In addition, on the site of the collection company itself, these same debtors are explained their rights in relations with collectors. In addition, there is a "hotline" of the Association of Collectors, to which the debtor can call and complain about the unprofessional actions of a collector employee who has committed violations.
Customer Service Ethics
The management of the company is persistently and systematically implanting and implementing internal rules of work, which are guided by the "National Collection Service". Reviews of former debtors really testify to this.
In particular, there is a regulation when you can call the debtor (from 8.00 to 21.00), and it is not violated. An employee of the company, always introducing himself to the interlocutor, provides him with the official telephone number of the collection company. Telephone conversations with the debtor are made no more than once every 2-3 days. The main work of an NSV employee is to understand the situation of the person who created the debt, to understand when he will receive cash receipts, and together with him plan payments, and, of course, control their implementation.
The main argument of the collectors is a significantan increase in costs for the debtor in the event of the transfer of his debt to the judicial plane. Thus, the "National Collection Service" quite openly conducts its daily activities to collect receivables. Her phone number (+7 (495) 363-13-30) is always available to customers if they have any questions or suggestions on the procedure for repaying the debt.
There are also situations of fundamental disagreement between the debtor and the creditor regarding the contractual amount of the debt. In this case, the collector becomes an intermediary, helping to establish the truth.
Need for legislative settlement of collections
Isn't it a paradox that the law does not contain the word "collector" itself? And this is in a market where there are more than a thousand collection companies, whose activities are coordinated by NAPCA (the national association of professional collection agencies)?
There is a natural question about the appropriateness of such theoretical disputes and the artificial delay of legislative regulation at a time when the collection market is increasing annually by one and a half times. Perhaps it is worth heeding the remark made to journalists by the Minister of Justice of the Russian Federation Konovalov at the II St. Petersburg Legal Forum about the critical delay in the regulatory legal act that prevents the withdrawal of collection activities into “unknown, opaque and uncontrolled segments.”
Why "NSV" is waiting for the legislative regulation of the collection market
The abundance of collection companies along with the lack of government regulation leads to businessvarious, including unscrupulous entrepreneurs. After talking with them and getting to know their methods of work, debtors are forced to turn to the prosecutor's office with complaints of extortion and coercion to fulfill a civil contract.
The problem of legislative regulation of collections
The well-known "long-term construction" is the draft law "On collection activities." It was planned to be discussed at the government level in May 2012, but it has already become a tradition to send this "inconvenient" bill for revision. The problem is that at the time when the Supreme Administrative Court recognizes the project as complying with civil law, the Prosecutor General's Office and Rospotrebnadzor consider it illegal to transfer the rights of claim without obtaining the consent of the debtor. At the same time, “powerful men” do not particularly bother to take as a basis the “homemade practice” of the work of the most successful collection companies in Russia, such as LLC “NSV” (“National Collection Service”).
The company's lawyers are actively involved in the preparation of the law, because a completely transparent business is the key to its further prosperity. Currently, the collection market in Russia with difficulty, but enters the phase of legal regulation.
For example, the issue of insurance of professional activities of collectors, as well as licensing of technical protection of confidential information, has moved forward. This once again confirms the fact that the Russian economy is ceasing to be transitional, acquiring the features of stability. It is in this area that LLC “NSV” (“National Collection Service”) operates to return loans, debts for housing and communal services, and to pay off receivables from legal entities. At the same time, this company shows legislative and organizational initiative, organizes extensive professional cooperation with various subjects of the Russian market.
History: integration of the company into the national economy
The company was established with the participation of foreign capital on August 31, 2005. Registrar - Moscow Interdistrict Inspectorate of the Federal Tax Service No. 46 for Moscow. Then it was called the Debt Agency "Bailiff". Now LLC "NSV" can be called the leader of the Russian market, managing receivables at its various stages: before the court, in the process of judicial review, as well as at the execution stage. The fact that the company is closely integrated into the national economic complex is confirmed by its membership in the ARB (Association of Russian Banks) and the founding function in the professional association of collectors NAPCA. By the way, the initiative to create such an association belongs to the leadership of the NSV.
The Russian leader of the collection market also works with receivables abroad. This is facilitated by the membership of National Collection Service LLC in the international associations CSA, ACA International, GCS, FENCA.
Strategic goals of the company
Obviously, a company that does not set itself really big strategic goals cannot objectively reach the federal level in its development. There are such goals and the "NSV". They clearlyformulated on the official website of the company:
- Working professionally in receivables outsourcing, constantly achieve greater efficiency than specialized departments of financial institutions;
- The "National Collection Service" (debts) with its effectiveness encourages the legal entities themselves who have receivables to turn to it for outsourcing;
- internal financial indicators are constantly under the control of "NSV" managers: reduction of overdue debts taken for outsourcing and, accordingly, increase in the profitability of collection work.
Management determines the working method
NSV Chairman of the Board of Directors David Jones has not only degrees in US finance and economics, but also a track record of leadership in energy and media, private funds, investment companies both in the US and in Russia. General Director Artur Aleksandrovich has experience in legislative work, membership in the board of a commercial bank, banking retail business in European countries. These managers are committed to the most advanced and civilized working methods.
The above-mentioned top managers are effectively managing the company "National Collection Service". What is it - the services of this collection company, provided by it to its partners? This is a multi-step process.
Firstly, the company helps determine whether an individual or entity is a suitable borrower. NSV specialists,using the established methodology, they verify the person who wants to receive a loan, monitor his reliability, solvency.
In the framework of pre-trial debt collection, debtors are informed by SMS mailing, meetings with them, telephone conversations.
At the stage of judicial consideration of the debt, NSV prepares documents for him, provides support, and receives a court certificate.
In enforcement proceedings, the company also pursues its goals in the legal field, while assisting bailiffs in their work.
Employee reviews
The "National Collection Service" is becoming an increasingly effective financial intermediary liquidating receivables, the feedback from employees testifies to this. We analyzed them in order to present this company to you as fully as possible. At the same time, of course, it was taken into account that hardly any society is sympathetic to the work of collectors. However, an objective approach is still important. On the one hand, the company's employees are generally satisfied with the wages and the team. They give credit to in-house training. Many have greatly improved their knowledge of the civil and criminal codes.
However, they recognize that for an employee of the "NSV" character, the inner core is important. It doesn't matter where he works: "National Collection Service", Moscow or another regional division - motivation and peace of mind are important, because this work is not for the weak.
Criteriapersonal business qualities of collectors: resistance to stress and moral endurance - are not even disputed. But still, perhaps, based on the practice of collection work, in some cases, the law should introduce special debt repayment regimes. After all, it is precisely a look at the problems of collection from the inside that, perhaps, will spur legislators to quickly regulate this business, bring it to a state of stability of personnel, when there is no turnover. This will certainly lead to an increase in the qualifications of employees and the efficiency of their work.
Also, in some cases, state support should be stipulated for socially unprotected debtors who find themselves in a desperate financial situation due to illness.
"NSV" ("National Collection Service"): reviews of debtors
Even former debtors recognize the transparency and predictability of the work that the "National Collection Service" demonstrates. The official website of the organization (nrservice.ru) contains information useful for debtors repaying their receivables in cooperation with NSV.
In particular, here they can find recommendations on what to do if they received a notification SMS from the company, what actions should be taken after the call of the collector, what fundamental points should be paid attention to when meeting with him in person. There is also a face-to-face opportunity to discuss with the collector the procedure for repaying the debt.
Agree that only in the mutual understanding of the collector and the debtor, the process of repayment of receivables is optimal. That's whyquestion: "How to deal with" NSV "?" - hopeless. The debtor should rather cooperate with this company.
Conclusion
How will the collection market of Russia develop in the future? This question worries not only the leadership of the "NSV". After all, there are several scenarios for its development. The American one assumes strict regulation by law of all the nuances of collection work. Germany does not use the term "collection" at all, replacing it with "financial intermediation", presenting it in the civil code with German scrupulousness. According to Artur Alexandrovich, the pan-European version, enshrined in the documents of the European Collection Federation, is more suitable for Russia.
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