Call collectors for other people's debts, what to do?

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

Most likely, you have had to use the services of a credit system at least once in your life. But not everyone who took out a loan was able to repay it on time. In this case, in order to get a debt from especially negligent payers, collection companies come into play. Communication with these gentlemen delivers many unpleasant minutes. It is especially disappointing when collectors are accused of other people's debts. In fairness, it should be said that this does not happen often, but this does not make communication any more desirable. Why this happens and what to do about it - we'll talk below.

Who are collectors and why do they call

Such an unusual word for us "collector" in direct translation means "collector", but he should not collect stamps or a collection of butterflies, but money from negligent payers. Collectors can be both individuals and entire organizations - collection companies. Sometimes such "gatherers" are also full-time security officers of banks. Their main duty is to force the debtor to pay off his financial obligations by any means (legal). Sometimes failures occur in a well-established scheme, which can turn into unpleasant consequences.

Collectors call for other people's debts for various reasons, but most often this happens by mistake, which is sometimes very difficult to fix. “Collectors” have long been accustomed to working in non-standard situations and often simply do not respond to your persuasions and explanations, because people who do not want to pay a loan also most often say that they have nothing to do with it.

Did you act as a guarantor?

If you are constantly called by collectors for other people's debts, remember if you are a guarantor for the loan of your friend, relative or colleague. It was? Then the calls of the “collectors” were very much addressed, probably, the person who took the loan had a solid debt, and the bank decided to collect money from the guarantor, that is, from you.

The first thing to do is to contact the loan originator and try to find out if there is really a delay in payment and how soon he intends to repay it. Perhaps we should look together for ways to solve the problem - agree with the bank to refinance the loan or try to refinance in another organization (of course, in this case you should not act as a guarantor for the second time).

If it turns out that the debtor is really unable to pay off the obligations, the debt actually passes to you. And it will have to be paid. The best thing you can do is contact the bank forjoint search for a solution. After you pay off with a credit institution, you have the right to recover from a relative (acquaintance), for whose loan you were a guarantor, the entire amount of the debt in court.

Relatives are to blame for everything

Quite often there is a situation when one of your relatives took a loan, and you did not know about it at all. Since it is the duty of the collector to receive money from the borrower by any legal means, in the event of a delay, they begin to pester all his relatives and friends whose phones they can find with calls., you can have a relation to debt repayment only in two cases:

• in the event of the death of the borrower, if you are the heir of the person who took the loan and have already accepted the inheritance;
• if you are the wife (husband) of the debtor, but in this case you can be forced to pay the debt only by court order.

Therefore, if collectors call for someone else's debt that your brother / sister, parents, uncle, aunt and any other relatives have formed, feel free to declare that you have nothing to do with the debt and are not obliged to pay it.

Responsible for a neighbor

Quite often collectors, seeking to achieve the desired result, begin to act in all directions. Many of them, having not achieved anything directly from the debtor or his relatives, begin to call all the neighbors,colleagues and friends of the borrower, counting on the fact that such an “attack on all fronts” will bring an early result. In the event that collectors call you for other people's debts, to which you have absolutely nothing to do, politely and firmly explain that you absolutely owe nothing to either the "collectors" themselves or their client. And please don't call again. If this does not help, strongly contact law enforcement agencies.

I don't know him

Sometimes, however, it happens that collectors call on someone else's debt of a person you do not know. This happens for various reasons - for example, your phone number previously belonged to the person who actually issued the loan, or you moved to an apartment whose former owner took out a loan, while indicating your old address. Sometimes there are banal typos in surnames, phone numbers and other data.

Unfortunately, in this case, getting rid of the collectors with a simple explanation is unlikely to succeed - you will have to make more efforts.

First, find out the details of the person they take you for, then make a request to the bank that the caller represents. In the letter, indicate that your contact details are erroneously registered with a person you do not know and ask to make changes to the database. Wait for an answer. It is best to additionally take a certificate from this bank stating that you do not have a loan debt. Make copies of all these documents and send them by registered mail to the collection company. If after all of the abovemanipulation will not stop the persecution - write a statement to the prosecutor's office and the police.

If collectors call your relatives

Of course, it is very unpleasant to get into a situation when collectors call for other people's debts. Especially if these debts are really yours, and the callers are disturbing, for example, elderly parents.

First of all, you need to explain to your family that you really have a debt that you are going to pay off in the near future and ask them not to be nervous. Next, you need to ask loved ones to remember what you can and cannot say to collectors and how best to build a conversation. To avoid additional problems, in no case should you disclose any personal data about yourself or about the debtor relative. Your relatives are not required to provide any information to the collector at all: the new surname, address, telephone number and other data is your own business. It is best to patiently repeat that they do not have any direct contact with you, do not communicate at all and have absolutely no idea where you can be found. If your relatives begin to adhere to such tactics, sooner or later the collectors will fall behind.

Happiness Letters

Besides the fact that collectors call for someone else's debt, sometimes they also do "address delivery". One morning, you may find a letter in your mailbox indicating how much you owe and to which bank, as well as a message that the debt has been transferred to a collection company. Over time, letters may appearmore often, and the amount in them can constantly increase. Dealing with this type of debt collector activity is very simple - do not react to it. Most often, such "masterpieces" are simply printed on an office printer and do not imply any seals and signatures, which means that this is just a piece of paper that has no legal force.

I got a call…

Phone calls from collectors for someone else's debt can cause incomparably more trouble, because they are often repeated daily and at any time of the day. Even if the call center operator is extremely polite, the fifth call is already annoying, and the fifteenth is infuriating.

Sometimes a telephone conversation comes down not just to communicating with a bank employee (collection company), but takes on a rather harsh character, using obscene language and threats against the debtor himself and his relatives. Remember: such actions are illegal and entail criminal liability under articles 163 and 119 of the Criminal Code of the Russian Federation (extortion and threat of bodily harm, respectively).

Physical impact

Even less often, the threats of collectors for someone else's debt go into the stage of physical contact, for example, they can visit you at home or at work. If the office is still a public place, the most that can threaten you in this case is a disgusting scandal and sidelong glances from colleagues. But at home you need to be especially careful:

• in no case should you let uninvited visitors into the apartment;
• try to record the conversation on your phone or voice recorder;
• Do all conversations only in the presence of witnesses, such as neighbors.

Collectors call for someone else's debt - what to do and how to be

If you are still unlucky and you are faced with persistent bank or collection agency employees, first of all, do not panic. In order to stop unpleasant communication as quickly as possible, you need to develop a clear line of behavior, because you can’t just hope that you will be left alone.

So, what to do if they call from the bank for someone else's debt:

• first of all, you need to find out who you are communicating with, find out the last name, first name and patronymic of the interlocutor, as well as his position;
• next, try to find out the full name of the organization, its actual and legal address, as well as contact phone numbers;
• write down the personal data of the debtor wanted by the collector (bank employee);
• calmly listen to the caller's requirements and ask him to contact you later;
• if the caller refuses to give you the above information, calmly end the conversation, warning that you intend to contact law enforcement.

Then you will have to act according to the circumstances:

• in the event that there are reasons for the call (for example, you acted as a guarantor under a friend's loan agreement), it is most reasonable to enlist the support of a loan lawyer, and the employees of the collection agency(bank) offer to go to court;
• if you just acted as a contact person at the conclusion of the contract, and even more so when you have nothing to do with the borrower - contact the bank to clarify the situation, tell the collectors about the actions taken when you call again and ask them not to disturb you anymore;
• if the calls continue persistently - try to record the conversation on a voice recorder and contact the police with a statement of extortion;
• if this did not work either, write a statement to the prosecutor's office with a complaint about the inaction of law enforcement agencies.

If all else fails

In the event that all of the above methods do not give the desired result, and collectors pester people at night for other people's debts, the only right decision would be to go to court. With the support of a qualified lawyer, you can safely demand compensation from the bank for moral, and in some cases, physical harm. For example, if after talking with collectors your blood pressure has risen sharply and you need the help of a doctor, the bank will be obliged to compensate for the costs of treatment. So if communication with debt collectors has brought you to the edge, do not forget to save all certificates from the clinic and receipts for medicines.