How to find a debt collector. How debt collectors knock out debts: methods of work, what to do when they appear, whether they have the right. How to prevent the transfer of your debt to collectors

What collectors can do in 2020 is of interest to many who have a long delay in payments to the bank and whose business has been transferred to so-called third parties. Few people know, but so far there is no specific sectoral law (at the time of the publication of the article) regulating the activities of collectors, plus regulating the scope of their powers, in our country, but the law is being actively developed and, as expected, was approved in 2016. All that can somehow control the actions of collectors is the Criminal Code and the Code of Administrative Offenses, therefore the rights to certain actions of collectors are determined by them.

Collectors Law Update

Important! It should be borne in mind that:

• Each case is unique and individual.
• Careful study of the issue does not always guarantee a positive outcome of the case. It depends on many factors.

To get the most detailed advice on your issue, you just need to choose any of the options offered:

But this does not mean at all that everything is allowed to such organizations. The principle “everything that is not directly prohibited is allowed” does not work in this case. Below we will tell you about what collectors can do in relation to the debtor, what rights the collectors have.

If you are interested in the question of how to behave properly with collectors, read about it.

How many times are collectors entitled to call?

Phone calls are the first and most common option for dealing with a debtor. Those. after the bank temporarily assigns or even sells your debt to a collection agency, work with the debtor begins with telephone conversations and the requirement to pay off the resulting debt as soon as possible.

Usually, such negotiations are accompanied by threats and insults to the debtor. This has nothing to do with either the true purpose of the collectors' activity, or with the legislation in general.

In most cases, such calls (10-15 times a day) still bring the expected result.... The debtor simply loses patience, and goes to borrow money from friends (or draws up a new loan), if only annoying collectors would get rid of him. Those. there is a principle of psychological influence on the debtor. So how many times a day are collectors allowed to call?

If calls are received at the time prescribed by law, and conversations with debtors are held within the legal framework, then collectors can call 50 times a day. There is no violation of this. And this also applies to calls to relatives and to work.

Off-site activities

Also most often debtors wonder if collectors can come home.

Everything is simple here. After all, the fact that they will come to you and knock on the door is nothing illegal. This is what the collectors use. Plus, it is important to trace again precisely the psychological aspect of this event.

In order to avoid such meetings in the future, debtors are looking for third-party ways to get the appropriate amount and finally pay off the collectors (bank). But the question of whether collectors can come usually worries those who have a long period of delay, and when telephone calls did not give the expected results.

But there is one important nuance here, which in no case should be overlooked. Debt collectors are ordinary civilians with no authority whatsoever. Therefore, they have no right to cross the threshold of your house against your will.

For example, you will start to let a completely stranger from the street into your house. Therefore, you may not open the doors at all. If on the part of the collectors there are any hooligan actions, you can safely call the police.
Perhaps something will change in the future, but for now, to the question as to whether collectors can come home, we will answer in the affirmative. Like any other person, they can come to your address and ring the doorbell. Not more. An attempt to enter a home is a criminal offense, which the collectors are well aware of. Whether collectors can come home is as popular a question as questions about how long collectors can continue to work with a debtor, and what actually happens next.

Can collectors sue?

Of course, the pre-trial collection procedure cannot last forever, and sooner or later, we will talk about judicial collection. Many people are interested in the question: can collectors sue the debtor? To answer this question, you need to know the following.

Collectors can act as a plaintiff only if they have previously bought out the rights under your loan agreement from the original creditor (bank). Those. now the collection agency is a legitimate creditor, which means it has every right to sue you.

If the collectors work with you on the basis of an assignment agreement (temporary assignment of rights under your agreement), then in fact, the right to go to court still belongs to the bank. Therefore, the answer to the question as to whether the collectors can sue the debtor directly depends on the basis on which they work with you.

Judge for yourself, because any civilian, if there are sufficient grounds, has every right to go to court. So far, no one has deprived the collectors of this right.

Debt resale

Many citizens mistakenly believe that a loan agreement is a commodity that can be bought and sold several times. Far from it. That's why, if you are interested in the question of whether collectors can sell debt, then know:

• that, in the first place, it's pointless,
• secondly, there is hardly a "buyer".

After all, collection agencies are not engaged in lending to the population, and all contracts with which they work are purchased from banks and other credit organizations. Plus, it is important to know that the bank sells bad debt only in exceptional cases when it seems impossible to return it. And the collectors do not buy everything in a row, but only what can bring benefits.

A typical example of how collectors work

Consider the situation: the bank could not return the debt from the problem client and put up a sale contract. After a while, one of the collection agencies buys this debt and becomes a legal creditor. But it did not work to collect the amount from the debtor.

So such a debt in slang is called "dead", and even if it is put up for sale, no collection agency will invest in such a transaction that is obviously unprofitable for the organization. Therefore, if your debt went to the collectors, then the final stage will be going to court. We talked about whether the collectors can sue the debtor above.

Collectors' powers

It can be noted that questions such as these: can collectors collect debts or what rights do collectors have in relation to the debtor are elementary. The maximum that they can have on hand (as well as any individual) is your loan agreement. So far, the legislation has not given (and will never grant) any powers of authority to such organizations.

After all, for these purposes in our country there is a bailiff service and a court itself, which sooner or later ends with most of the strained relations with banks. Therefore, the need for collection agencies in this chain is very, very controversial.

Rarely do any kind of activity and the people involved in it evoke a more negative attitude than collectors. There are legends about the methods of work and how collectors knock out unpaid debts, unfortunately, confirmed by the facts that resulted in a series of criminal cases brought against the collectors of Moscow and other cities, who used in their activities an arsenal of funds gleaned from extortionists of the era of the 90s of the past. century.

The law, in force for 2 years, somewhat reduced the intensity of passions overwhelming the opposing parties: debtors and debt collectors, but did not completely eliminate the violations committed by the collectors in their professional activities and the desire to induce the ward to pay off the debt.

Collectors Law Update

Out-of-court debt collection from individuals became possible thanks to the emergence of private business, which replaced the state system of economic management. The lack of legal culture gave rise not only to non-fulfillment of obligations by the parties to the agreements, but also to new methods of conflict settlement, in which criminals acted as the "arbitration" party. The era of the initial "wild" accumulation of capital was accompanied by the growth of equally wild methods of knocking out debt - the reket.

In the early 2000s, purely criminal methods of influencing the borrowers of banks that stopped making payments on loans gave way to the system of working with bank debtors borrowed from the United States - the creation of collection agencies. For the Russian ear, this name was unusual, since it was associated exclusively with collector systems for collecting wastewater and sewerage. In fact, the English collector is translated as "collector" and is used in Russian mainly for technical purposes. More familiar to the Russian language are the names of the tax collector and fiscal.

Read also

For 70 years in the state there was no practice of compulsory collection of debts for obligations to individuals or commercial organizations, and there was no legislation regulating the work of collectors. The first official (not criminal) collection bureau appeared in 2001, and a legal entity engaged in knocking out debts as its main activity was officially registered in 2004.

Over the course of 10 years, hundreds of agencies and firms have included collection services in the scope of their activities and forced debtors to pay off the debt, guided solely by their own imagination or the possibility of using physical force. The first attempt to somehow regulate the “wild” market of collection services was made in 2013, with the adoption of Law No. 353-FZ. Article 15 (now no longer in force) of this law briefly regulated the activities of employees of collection agencies, when collecting debts out of court, although it did not eliminate all the flaws in the activities of the direction as a whole.

Continued cases of the use of physical force, threats, damage to property, interference in the private life of debtors, disclosure of personal data gave rise to a lot of complaints, lawsuits, and criminal proceedings. After 13 years, the current situation prompted Russian lawmakers to adopt a law that would regulate in more detail the activities of collectors in debt collection and sharply limit their right to interfere with the debtor's private life.

Since 2018, Federal Law No. 230-FZ has been in force, which must be followed by all collection agencies that have licenses to carry out such activities and are members of the NAPKA association. Control functions over compliance with the rule of law when working with clients are assigned to the FSSP (bailiff service).

The scheme of work of collection agencies

The collectors' working methods are completely borrowed from the practice of related agencies in the field of activity in the United States. They are rather arbitrary, since they are tied to the procedural terms and realities of the American financial and judicial system and do not reflect the realities of Russian legislation. Even the terminology, with which most employees of these structures are hardly familiar, is borrowed from English.

Associations with government agencies

Formally, collection agencies are part of the scope of the bailiff service. It is this state body that is charged with overseeing compliance with the law in the implementation of activities by collectors. This does not mean that the collectors are somehow associated with the security forces and are endowed with power. Any collector has no more real rights than a passer-by on the street.

In practice, using corrupt ties, agency employees, as a rule, use the help of law enforcement officials. Especially, to establish the location of the hiding debtor.

What are their rights

The new law has narrowed as much as possible the rights of collectors when interacting with the debtor. The number of phone calls that can be used to disturb the debtor and remind him of the need to repay the debt is sharply limited. The number of personal meetings with the debtor is limited. The collector does not have the right to meet for the purpose of conducting a conversation if the debtor has written a statement of refusal to interact with the debt collection agency.

The term of possible communication with the debtor is limited by the statute of limitations under the contract - 3 years.

How often and when they can call

The number of phone calls is severely limited. Now "telephone terrorism", which has been practiced for 15 years, is impossible.

The number of calls is limited:

• 1 time per day;
• 2 times per week;
• no more than 8 times a month.

It is forbidden to call from 22-00 to 8-00 on weekdays and from 20-00 to 9-00 on weekends and holidays.

A limitation has been imposed on SMS messages to the debtor:

• 2 times a day;
• 4 times a week;
• no more than 16 times a month.

Off-site activities

From the debtor's point of view, in terms of the degree of psychological impact, personal contact with the collector is the most effective way to induce debt repayment. The number of personal meetings is not limited by law. Collectors are allowed to meet with the client only within the time interval allotted for telephone calls. Absolutely forbidden:

• enter a dwelling or a private property (land plot);
• describe or seize property;
• accept cash for debt repayment;
• to express threats to the debtor or to use profanity in communication, insults to the borrower.

Debt resale

The law does not prohibit one agency from reselling a client's debt to another collector. The only condition is the obligatory written notification of the debtor that the foreclosure rights have passed to the new person. If the previous collection agency did not do this, the debtor has the right to refuse any interaction with the new creditor.

Can they sue

Consideration of the claim in court is the only legal method to oblige the debtor to pay the debt or to arrest and sell his property to pay off the debt. For collectors, this is the most unprofitable option, which takes a lot of time and money (to pay state fees, services of lawyers / lawyers). Collectors resort to litigation in cases where the amount of debt exceeds 300 - 500 thousand rubles and there is a high risk of declaring the debtor bankrupt.

Modern realities

Law №230-FZ allowed to significantly reduce the number of debt collectors. To clear the market of services from criminal and near-criminal structures. To standardize the working methods of agency employees, members of the NAPCA association. There are practically no flagrant cases of gross forceful impact on debtors, damage to property, abductions.

Basically, complaints about collectors are related to non-observance of restrictions on the number of calls, non-provision of personal information by employees with whom the borrower communicates, non-observance of restrictions on the time of personal communication, rough treatment and threats.

How collection agencies deal with debtors today

Collectors who are private citizens employed in a commercial enterprise have no authority whatsoever. Any debtor can simply defend their rights or ignore the employee trying to start a conversation. Such an attitude towards the collector does not threaten the debtor with any consequences.

The only legal way to influence is to file a claim in court.

Over the past 2 years, cases of rough treatment of debtors by collectors have been rarely recorded, and there are no statistics on the initiation of criminal cases against criminal collectors. All "interesting" cases relate to the period 2004-2017 - a time of impunity for the actions of collectors and the rampant of specialists in debt collection.

Their assets include:

• destruction of property by arson;
• causing death by negligence to the child of the debtor;
• beating of the debtor's relatives;
• debt rape;
• abduction and holding of hostages;
• theft and sale of vehicles of the debtor, etc.

The current law allows you to minimize troubles from the actions of collectors. In case of violation of their rights in relation to the borrower, file a complaint with the FSSP, the prosecutor's office, the police or the court.

user under the nickname kpetrov. - I called there, told my wife's phone number, they gave me her full name and refused to give any comments on the debt. The spouse did not take loans anywhere, did not lose her passport. No one before this SMS message demanded money either by letters or by phone. Elderly parents of the spouse live at the registration address, I would not want to be bothered by the collectors.

Kpetrov said that he turned to the claimants again. It turned out that the debtor is the full namesake of his wife with a different date of birth and living in a different region.

- Collectors promised to remove the wife's number from the base, but did not do it, - noted kpetrov. - Unfortunately, the epic with the claimants is not over: they call me every day and offer to pay off the debt of my wife's namesake, remind me of the debt of a stranger. At the end of the conversation, each time they promise to remove the number from the call, but for some reason they don't. They call all the time from different numbers. The answering machine does this periodically. I was foolish that I addressed them from my phone, and they added me to the database, connected with the debtor (my wife's namesake).

-A letter came, allegedly I owe EOS LLC under a loan agreement dated November 3, 2013, - said Alexey. - Firstly, I am not aware that I have a loan. For five years, not a single call, letter. If I really owe someone and something, so what haven’t looked for before? Be so kind as supporting documents. And secondly, the statute of limitations has long expired.

Later it turned out that the company was looking for Alexey's namesake. As a market participant, the company acquires hundreds of thousands of cases from banks under contracts of assignment of rights of claim, explained to Life in EOS LLC. Thus, in its activities the company operates only with the data that was received from banks. Naturally, when processing such a significant number of debt dossiers, inaccuracies and errors are possible both on the part transmitting information about the debt and on the part of the acquirer of the rights of claim on the latter, the organization admits. Therefore, if a person receives a notification of a debt, the presence of which he denies, the simplest thing is to contact a collection agency with an appropriate statement. After the application, a complete reconciliation of data is carried out, including the loan agreement obtained under the assignment agreement and the client's data. And if inaccuracy is found, erroneous data is corrected and an apology is made. As Life was assured in "EOS" LLC, a special service deals with such appeals.

- All contact details for communication with debtors are transferred to collection agencies by credit institutions, - explained to Life in the First Collection Bureau (PCB). - Collection agencies do not have the authority, according to the law, to independently check the ownership of telephone numbers to individuals. If the collection agency calls by mistake, we ask for confirmation that the number belongs to an individual. There is a claim settlement service. Individuals, in case of making erroneous calls to them, can contact us and quickly resolve the situation through the website and official pages in social networks.

The situation when collectors start knocking out debts from the borrowers' namesakes is due to errors in the debtor database maintained by the claimants, said Tamara Kasyanova, managing partner of the 2K auditing company. When working with such databases, collectors can enrich customer data from a variety of external sources, including social networks, said Anton Graborov, director of business development at BCS Premier. In any case, there is a possibility of errors here - for example, if, in the process of collecting information about the debtor, the recoverer finds a full namesake of the same age.

Photo: © RIA Novosti / Valery Melnikov

Officials of the Federal Bailiff Service told Life that the namesakes of debtors and their relatives have the right to refuse to interact with the collector in any form. If citizens do this, calls from claimants must stop, otherwise the company may be fined up to 2 million rubles. For repeated violations of the Law "On the Protection of the Rights of Individuals in the Collection of Overdue Debts", the organization may be excluded from the register, that is, receive a ban on activities, added Farida Valueva, CEO of SmartCredit.

The press service of the FSSP clarified that by phone the namesakes of the borrower and their relatives must indicate to the collector that the requirements were unlawful. If the claimant did not react to this in any way, it is necessary to file a complaint with the FSSP.

-When submitting the relevant application, it is better to present additional documents, for example, details of calls, audio recordings of conversations, - said the official representatives of the FSSP.

According to the lawyer of the Finshok project Lolla Kirillova, the collector is obliged to compensate the borrower's namesake for losses and moral damage.

If the claimants insist on the return of a debt, which in reality a person does not have and did not have, this is a reason to contact the police, says Anton Graborov. According to Lolla Kirillova, collectors who continue to terrorize the namesakes of debtors and their relatives can be prosecuted under Article 137 of the Criminal Code of the Russian Federation. In accordance with this norm, the maximum fine for violators is 350 thousand rubles, the maximum prison term is 6 years.

Before contacting the police, it makes sense to find out from the claimants which financial institution you allegedly owe, Anton Graborov pointed out. If such an organization really exists, you need to request an agreement from it, you can point out the fact that the signature on this agreement is not yours, the expert advises. It is also advisable to make a request and get information from the Credit History Bureau - to make sure that you really do not have any debts, especially if you have previously lost your passport or left your personal data on unverified sites, added Anton Graborov. In this case, you could suffer from fraudsters who arrange loans for third parties - most often in microfinance organizations, he explained. And this is an additional reason to contact law enforcement agencies.

Debt bouncer told "Komsomolskaya Pravda" about the professional secrets of "collection specialists"

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Collectors are now raging all over the country: recently in the town of Yelets a married couple was attacked. The husband was beaten, their hair was shaved off, and their cell phones were taken away. It turned out that the debt of the beaten spouses was only 15 thousand rubles!

And there are a lot of similar cases. In St. Petersburg, the collectors walled up a girl in the apartment, ruining the castle. A young resident of Perm was beaten to death for a debt of 5,000 rubles ...

Fitch cites data: there are 40 million debtors in Russia today. And more than 5 million citizens have overdue payments! Are they really threatened with meeting such fanatics?

What the collectors are really entitled to and what are the methods of their work, "KP" was told by the professional debt bouncer Mikhail. On the eve of the crisis, he came to the capital from the provinces. A man with a financial education, but he was able to get a job in Moscow only as a collector.

The worst thing is microloans

If you owe a debt to a reputable bank, the likelihood that you will be beaten, shaved or robbed is minimal, - says Mikhail. - It's another matter if you took microloans or, as they are called in another way, express loans. This is when firms lend small amounts to those who wish: quickly, without additional checks, it is enough to show a passport. But the rates of microcredits are extortionate (1.5 - 2.5% per day, which is 600 - 900% per year! - Ed.).

There, the percentages are frantic, dripping every day. People borrow 5 thousand, and in a couple of months they owe 35 thousand rubles. No one explained to them in time that microloans are bondage, and, moreover, dangerous!

Criminal guys with bats are employees of firms, “friends-buddies” of the same small offices that are engaged in microcrediting. Banditry flourishes there, lawless people from the 90s work ...

Chill and intimidate

I am from a large collection agency, where they try to comply with the law, - continues Mikhail. - It is a long and dreary process for a bank to sue a defaulter, banks' own collectors are usually toothless. Therefore, they transfer the debtor to us. Our agency gets one-sixth of the total debt knocked out.

We work in two stages. First, the debtor is conducted in a soft "soft" mode. This is the responsibility of the call center, where I work. The system is automatic. The computer dials the number, the client's card appears on the screen: who is, how much he owes, what is the delay.

We introduce ourselves as some kind of pseudonym (lately there have been many complaints from customers, so we hide their real names - so that the authorities do not find ends). Then we intimidate: "We will put you on the black list, and you will never receive any credit at all!" We tell horror stories in paints, for example, what will happen after the trial. We, the collectors, in fact, according to the law, can not do anything: only verbally harass the debtor. And the bailiffs are another matter. They can, by a court decision, take out the property, valuing it at a penny ...

We are painting these horrors. Moreover, you can not use diminutive forms and colloquial vocabulary. Tough and clear. Several hundred calls to different people a day.

If the client is not intimidated in 180 days, the "field department" is allowed on him. Their task is to dishonor a person in front of witnesses. Let's say you leave work, and they - in full view of everyone - come up and say: “Will you pay off your debt? An adult, shame on you! "

Such measures have a strong effect on people.

The most popular threat: “If you don’t repay the debt - we do not vouch for your health”. It is difficult to attract for this phrase, because law enforcement agencies do not assess the threat seriously and do not initiate proceedings ...

Don't give a damn about someone else's pain

Collector's commandment: you should not be touched by someone else's pain.

Once the debtor told me on the phone: “I am under examination, I have brain cancer, I have to live for a month and a half, I will take my debts to the next world”. I was still a beginner, I got confused, hung up. And according to the instructions I had to say: "Your debts will be transferred to your relatives!" I had to bend the client: "Maybe you will still get to the ATM and pay - before you die?"

We need a result - a promise to give money. If you do not conduct a tough dialogue, you will be deducted points and your salary will be reduced.

Recently I came across a client: the lady had a loan of 500 thousand rubles, in a few years it grew to 4 million. She wanted to scream: woman, don't pay, go to court! The judge often takes the client's side. Well, she will be awarded a million, but not four!

But, of course, it is contraindicated for us to give such advice.

One letter in the last name

I worked all the May holidays, on Victory Day. The idiot computer calls both old men and veterans. They got one grandmother - they were looking for a debtor. She was already clutching at her heart: well, you understand, there is no such person here! And we can't stop calling her. After all, the collectors database itself is a mess. There are a lot of left numbers, for which the debtor is already gone, but the phone is not deleted from the base. Earlier, when loans were given to everyone in a row, some clients joked: one man left the phone of a psychiatric hospital. The other is the phone of the same bank from which you took out the loan! The stupidity is that it is very difficult to remove a phone from the bank's database - only at the request of the person who gave it, that is, the debtor himself. And even then not always.

I have a friend named Petrukha. The man is not poor, he lives in a white-stone mansion. And the man was literally seized by the collectors. A couple of years ago they called from the bank: "Citizen Petrukhin, name and patronymic, of such and such a year, you live at the address ..."

“Yes,” he says. - My name and patronymic, only I am not Petrukhin at all, but Petrukha, and I never lived at that address. But they say to him: "You took from us 12 thousand on the phone and 50 on the TV, and now you owe 62 thousand with interest and fines." “I didn’t take it! - says the millionaire. "Check me on your bases, I'm clean."

But the bank did not check anything, but transferred the debt to a collection agency. These no longer just swear at my friend, but threaten: they say, we will come, we will describe the property, we will not release it abroad, we will take away the driver's license. Perhaps they even went to see Petrukhin. And they didn't let him out - Petrukhin. And the license was taken from him. But they still call not Petrukhin, but Petrukha ...

I got tired of all this, I really want to quit, - Mikhail finished his story.

METHODS

"Glass wool splinter"

What instructions do collectors work according to

This is what the business coach and owner of consulting firms, Mikhail Jonjua, teaches at virtual trainings:

✓ During regular hours, the collector can call at least a hundred times a day. Even if the phone is not answered, it still depresses the debtor. "A good collection specialist is worse than a splinter, he is a glass wool splinter." In a conversation, the collector is obliged to pull the thread of the conversation over to himself. He adjusts to the tone of voice, to the breathing of the client. And then he rains questions incessantly. Whoever asks is in charge.

✓ "What is stopping you from paying today?" and "When exactly will you pay?" - here are two central phrases to which you will have to give a specific answer. The collector must squeeze out the exact date and hour of payment from the debtor. Even if the debtor does not fulfill the promise, he will have a residue. Let his conscience torment him.

As a result of natural selection in call-centers for working with debtors, there are often only those who can just yell at the interlocutor on the phone for a long time and not really worry about this, - I'm sure Dmitry Zhdanukhin, General Director of the Collection Development Center... - Those who could communicate in a human way simply do not keep up with the "plan" of hundreds of calls a day to people who are not much more happy to communicate with you than with Chikatilo in a dark alley.

I HAVE AN IDEA

I called four times - and that's enough!

According to the Central Bank, every third complaint to the Central Bank's Service for the Protection of Consumer Rights of Financial Services is related to the boorish actions of collectors. Recently, the head of the ONF (All-Russian Popular Front) project "For the Rights of Borrowers", Deputy Chairman of the State Duma Committee on Economic Policy Viktor Klimov proposed to prohibit collectors from calling debtors more than four times a day, as well as disclosing information about debts to third parties. That is, the collectors will be able to terrorize strictly debtors, and not their relatives and friends. The initiative was supported at the round table in the State Duma. The participants in the conversation - representatives of the Central Bank, the Ministry of Internal Affairs of the Russian Federation, the banking community, the National Association of Professional Collection Agencies (NAPKA) - agreed that the population is already literally groaning from the "debt relief managers" who do not disdain either threats or insults. Collector victims often have to quit their jobs, losing their last source of income. You can be sure that Klimov's amendments will soon be adopted.

Now the relationship between the debtor and the collector in Russia is regulated by the law "On consumer credit". According to it, a ban on uncontrolled round-the-clock calls to debtors has been introduced. The creditor is obliged to notify the debtor of the transfer of the debt, the collectors are required to introduce themselves and leave their full contact details.

According to financial ombudsman Pavel Medvedev, the law on bankruptcy of individuals will help improve the situation on the credit market in our country. It will enter into force on July 1 this year. True, the law applies to debts exceeding 500 thousand rubles.

SPECIFICALLY

If you got bouncers

Actions of "debt collection specialists": The collector called you for the first time.

Counteraction: Contact should not be avoided. Ask him to introduce himself: name, legal and physical address of the agency, its full name. Later, specify in the agreement whether the bank had the right to transfer your case to third parties. If not, inform the bouncer when he calls next time that you will only respond to written notifications from the bank.

They are frankly rude to you.

Counteraction: Stop the conversation: "Wait a minute, I'll start recording on my phone." The bouncer will immediately change his tone. By the way, recording conversations - especially with threats - is really worth it. It is almost impossible to prove the guilt of zealous collectors without witnesses, audio or video recordings.

Actions of "debt collection specialists": Calls after 23.00.

Counteraction: Such calls can be classified under the article "hooliganism" (a fine of up to a million rubles, forced labor or imprisonment for up to five years).

Actions of "debt collection specialists": The collector wants to cross the threshold of your home uninvited.

Counteraction: Remind him about article 139 of the Criminal Code of the Russian Federation - on illegal entry into a home (a fine of up to 2,000 rubles or a period of up to two years).

Actions of "debt collection specialists": The collector is aggressively seeking to meet with you to "settle the issue."

Counteraction: Meet, but with at least two witnesses. Record the conversation on a voice recorder.

Actions of "debt collection specialists": You are threatened that your property will be taken away.

Counteraction: Tell us about article 163 of the Criminal Code - "extortion", according to which bouncers can sit for up to three years. If it doesn't help, contact the police. It would be useful to write a complaint to NAPKA - the National Association of Professional Collection Agencies by filling out a special form on the website.

Actions of "debt collection specialists": At your entrance they put up an advertisement like "Ivanov from apartment no. 12 - debtor and swindler."

Counteraction: Article 152 of the Civil Code of the Russian Federation "protection of honor, dignity and business reputation" gives you the full right to sue. And to demand damages and compensation for moral damage.

Actions of "debt collection specialists": Collectors bother your relatives or colleagues.

Counteraction: Examine the loan agreement: have you signed a consent to the processing of personal data. If not, write a statement addressed to the head of the collection agency about the unlawful disclosure of personal data. A copy to Roskomnadzor.

Actions of "debt collection specialists": Collectors bind, mistaking you for a debtor.

Counteraction: Ask them to show a loan agreement with your signature. If not, say "goodbye!" If calls are repeated, write a statement to the prosecutor's office.

AND HOW DO THEM?

Debt problems exist not only in Russia. But Europe and America are more loyal to non-payers. A collector in America is called a “credit counselor”. He in no way allows himself to threaten debtors or blackmail them. Its main task is to jointly develop a loan repayment scheme. There is no way out - the person in debt declares himself bankrupt. It's okay: apart from the fact that in the next ten years, banks will not lend him and bankrupt is unlikely to take on a prestigious job.

In Europe, it is customary to arrange all negotiations in 30 days, and a debt that has not been paid for more than three months is considered hopeless, that is, it is time to go bankrupt.

In Russia, a debtor can be marinated for years - he will promise "tomorrow or tomorrow", and then suddenly he will take it - and give it back! That's how mysterious we are.

Hello everyone! Today we'll talk about how collectors knock out debts and look for debtors on loans. After all, it is interesting to know what the collectors can do to you when they meet, and what to expect from them if they receive threats, and there is a debt behind you and you don’t know if you can continue to live peacefully and not walk around the street. Let's look at question number one, about how debt collectors from a bank or a debt collection firm knock out debts.

How do collectors knock out debt on loans?

First of all, you need to understand that when you call from the bank, of course, we think that they call us with serious intentions, and if they also receive threats, then we try to hide from them, since we took the money, but we can't give it back. As a result of this, every day we have a feeling of fear and expectation of this very call from the collectors, and if they also promised you a meeting to discuss future payments, then it can take our heart at all.

Let me reassure you, and together with you we will figure out what awaits us behind these calls from the collectors, as well as their threats.

How do collectors look for debtors?

In fact, collectors are ordinary people, and in our time there may even be students or people who could not get a better paid job, since collectors are paid to repay debts, and their salary is very scanty, which ultimately leads them to the need to apply psychological pressure on debtors and they use such techniques as:

• Calls to the debtor and his relatives so that they constantly transmit information and this puts pressure on the debtor very well, but in fact these are just calls and nothing more than to somehow make you pay;
• Calls to neighbors, here is a very effective way, since collectors, using various databases, are looking for neighboring apartments at the address and God forbid there will be some woman Zina who will gladly notify that the collectors have called and ask you to pay off the debt. So think about it, but what is the point of all this, that they call, but they cannot do anything to you, but they just get you and everyone around the people who are familiar to you;
• They leave notes, as well as pre-trial claims at the door, in mailboxes, or, as a result, again to neighbors. By the way, about the pre-trial claim, then I will tell you that it does not mean anything, and this is again a simple notice that they are waiting for payment, and you do not need to read it like our father's and look at it as something important;
• Of course, the collectors call to work to spoil your reputation, but by and large - they just stuck to you and in all their ways that they can carry out on the phone psychologically got you and want to hear that you agree to pay the debt and tomorrow you will bring money.

Collectors use all possible ways that it is faster to see money on the account, since ordinary students, young people work, and sometimes even without higher education, who eat seeds, rolls, drink tea and swear at their workplace, because their bosses makes them fulfill the plan for debt recovery, but everyone wants to earn more and because of this, the collectors go to any tricks.

There is also an exit department in collection agencies, which in turn simply delivers pre-trial claims to debtors, but in fact, these are ordinary couriers and nothing more.

IMPORTANT: If the collectors threaten or come to visit you with reprisals, then feel free to call the police and file a statement.

Often, by the way, I see a video on youtube about collectors who take on a lot, so you don't need to be afraid of them, but just call 112 or 02 and tell them that you are afraid for the health of yourself and your loved ones.

How do debt collectors work?

Collectors sit in an ordinary office, and most often even in a very killed one, since this is the lowest class in the bank. So, having come to work at 7-8 in the morning, the collector begins to look at his ordinary computer monitor, in which a very large list of debtors and according to the list simply starts calling everyone to pay off the debt, and there are such complex clients that the collector sometimes asks for 100 rubles make, well, it comes to ridiculous.

Yes, by the way, they have a very big plan, that sometimes they have to call about 100-150 clients in 12 hours, but imagine you need to call at work, on your home phone, on a contact phone, relatives, neighbors, and of course the debtor himself. In general, they are angry because of the amount of work.

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