Collectors: lawfully or not? How to talk to collectors

To date, there is a huge number of collection agencies. In fact, they are not a state body, but they use all methods permitted by state law. That is why the attitude of people to the reservoirs is very different. Many people are interested in the question: collectors - lawfully or not they are acting, as far as their measures against debtors are permissible.

Do we need collectors?

The need for reservoirs is understandable, all because many banks and companies since 2008 have accumulated a huge number of defaulters on loans. In addition, many are considered interest for the use of credit, which also remain unreturned.

It is very mutually beneficial for collectors to cooperate with banks when collecting debts. After all, these agencies receive their part of the remuneration established by the contract. In addition, an alliance with a solid and well-established bank rather strongly strengthens the position of any collection agency. Although there are nuances, for example, old debts. The lawful actions of collectors do not always preserve the framework of legality in relation to old loans - after all, it is practically impossible to collect debt on them.

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

It is important to know

Organizations that work with arrears on loans can have a variety of names. This may be a "credit security bureau" or "loan assistance," but their activity is precisely in collecting debts from creditors.

Activities of reservoirs

Recently, collectors inform everyone that they act only legally. And Rospotrebnadzor immediately reacted to this in the form of information in the press. The essence of this is, in Russian legislation, such entrepreneurial activities as debt collection, simply do not exist. Therefore, the question of whether collectors are legal in Russia is appropriate, and the answer to it is often negative. Why then they are allowed to carry out their activities, work under certain schemes, and the state allows it.

Rospotrebnadzor has its own opinion

The involvement of specialists in collecting debts from the relevant company has long been a common practice throughout the world. And this is indicated by the collectors themselves and those who control them. Nevertheless, Rospotrebnazor believes that people are simply accustomed to them as a given and have reconciled to it.

Those who fight with collectors believe that they are adroitly manipulating the notions of the civil law norm and the legislation itself. And the collectors are waiting for the early adoption of a law on their activities. Although, it turns out, his lack of them on hand, because they can not take responsibility for their actions. When there is no specific law, it is difficult to understand which agency acts by adhering to the law, and which is not entirely in accordance with the civil code, and often violates human rights.

"Gray" agencies

Acting collectors lawfully or not - it is impossible to understand, if there are no definite limits. However, if you rely on practice, you can get a description of the "gray" agencies, acting not entirely legitimate. So, they report that their psychological help and support help to repay debts. There is the following: debts are collected by threats and promises of criminal prosecution. And it is quite possible to challenge the debt through the court. They also promise to describe the property, ring up relatives and colleagues. It turns out telephone terrorism, which finishes people morally, and they bear the last to give part of the debt.

Nuances of the collection work

Very often the essence of the contract, on the basis of which the collectors act and make their demands, is silent. It turns out, the debtor does not explain that the collectors act in the interests of the bank with which they have a contract. Although by law, third parties can not be exposed to absolute obligations, especially in a controversial situation with the bank. It turns out, the debtor can ignore any actions of collection agencies in relation to him.

Debtors' opinion is not taken into account

The bank concedes to the collectors its right to claim debt from the client. In addition, there are changes regarding the persons under the obligation. According to the law, conceding its claim to another person is permissible, if it does not contradict the law, in other words - the contract. And the concession should not take place without the consent of the debtor. After all, for him, the personality of the one who exacts his debt is of great importance. Here an important point for him is generally how to talk to collectors and react to their arrival. It turns out that the opinion of the debtor himself has been bypassed, and this may entail certain consequences, for example refusal to cooperate with intermediaries.

Dangerous moments

It is worth considering that the actions of collection agencies can fall under the article on extortion. After all, they are not subjects of banking. Therefore, they can not replace the bank in the form of a new lender. Collector rights are very limited in this sense. After all, according to the law, the right of one creditor can pass to another only on the initial conditions and in the same amounts 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 the collection agency. In fact, such a document is shown as an established fact and personally on its own behalf. It turns out, the rights of the debtor in this case are violated.

Bank secrecy

An interesting situation arises with bank secrecy. After all, according to the law, the creditor, conceding his rights to another person, must give all the information on the client for the fulfillment of the demand. At the same time, the bank guarantees its clients to keep a secret about their deposits, transactions and any available correspondence. Then assign the rights to collectors for obligations between the bank and the borrower can not be - this is against the law. In this case, the item on bank secrecy is violated. Are the collectors legal in this case, are their actions justified? Besides, the change of the official person does not allow the debtor to express his objections to the collectors who are not executing the banking services. But the claims, which are primarily available to the bank, will remain.

Answer word

The collectors' society reports that their actions are quite legitimate in Russia. Rospotrebnadzor, on the other hand, believes that their activity leads to losses in the financial system and affects poorly the legal literacy of people. Collector business is considered to be a new type of activity for us. In addition, despite all the negative, in many situations, their actions are really based on legal grounds. It turns out that the rights of citizens are not violated in their essence. It's just that people really have little information about such agencies, so complex situations arise. In addition, many simply do not know how to talk to collectors and how the procedure for the return of debts is.

What is the problem?

The essence of the arising misunderstanding between the bank, collectors and borrowers is that the activities of the second do not have a legal framework. And many understand that this activity is entrepreneurial. That is why we need a law relating to this type of activity. Also, it may be necessary to introduce certain amendments to the civil code. Then the question, whether collectors act lawfully or not, will disappear by itself.

Practice

If collectors come to you, 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 there is such situation: the bank exposes your delay to collection agencies, and they, in turn, buy it. Then an agreement is concluded between them on the transfer of the creditor's rights to another person. Here, Part 2 of Article 382 of the Tax Code is used, where it is mentioned that the consent of the debtor is not required. Further information about the debtor falls into the collection agency. There are two options:

1. Debt may be transferred to a third party. It turns out, the bank sells the debtor to the agency.

2. The Bank enters into an agreement with the collectors that they are obliged to work out the problem borrower given to them for a certain period of time.

It often happens that collectors are already buying debtors. Reviews therefore about such agencies can be negative, because they themselves are not informed about the situation with this person. Begin to work with him, and then it turns out that the debt is given. This is not the fault of the collectors, but of the bank itself.

Agreement

The situation today is ambiguous, but there is a way out of it. It is just necessary to learn how to develop cooperation with agencies that can help in the return of money. To do this, you need to sign a tripartite agreement. Here, the bank, the borrower and the collection agency are already taking part. Thanks to this, an equilibrium will be reached, and the actions will have legitimate grounds. In this case, the question of collectors - whether legally or not they work - will not be so relevant.

It is worth noting that there are anti-collector agencies. They help citizens to review the schedule of payments on the loan. They also decide on the issue of debt recruitment or they want to reduce the rate on your loan. Can help suspend the charging of interest, contribute to the decision in your favor, and much more. Therefore, you can turn to them for help if the situation is very complicated. Nevertheless, collection agencies today are working, relying on the law, and basically do not violate it. If you know how to properly communicate with them, then you can agree on everything yourself. As a result, to find a solution to the issue of debt recovery, and at the same time save your own and others' time.