Collector agencies are legitimate or not. The most famous collector companies. Left collector agencies
federal Service bailiffs (FSSP) on its website a list of collection agencies, currently in it appears 26 such organizations.
According to Interfax in the press bureau of FSSP, according to the results of consideration of the applications received, 26 evidence issued, "the relevant information was made to the state register."
Only companies included in the State Registry, which is conducting a federal bailiff service can conduct collector activities.
Companies that decide to continue collecting work arbitrarily, threatened fines to 2 million rubles, and individuals, arbitrary leading such activity, faces a fine up to 500 thousand rubles.
Sort the work of debt recorders demanded the situation in the country around collectors. Their activity was stormy and, as a rule, revolved with the Criminal Code. The collectors became almost permanent defendants of criminal reports. The ice was drove in the summer of last year, when Russian President signed the federal law About collectors.
The law strictly stated the procedure and rules for their existence and work. It was forbidden to apply physical strength and threaten its use, damage the property of the debtor, to provide psychological pressure and misleading. Follow the procedure for collectors since the beginning of the year, the bailiffs became. On the same law from January 1, only those collector agencieswhich are included in the register of bailiffs. Besides List necessary documents Agencies should have a site defined software For recording and storing files, phone negotiations recording tools.
Already scheduled responsible for the supervision of collectors. So, in the territorial bodies 28 major regions Russian Federation Specialized departments have been created, and the remaining authorized officials are identified, on which specific duties will be entrusted. These people will take and consider the appeals from collectors about the inclusion of information about them into the state registry.
List of legal collection agencies
Full and abbreviated (if available) Name of a legal entity
Sentinel Credit Management Limited Liability Company, Sentinel LLC
SOCIETY WITH LIMITED LIABILITY "ACTIBOMSKOMSKOLLEKSHN", OOO "ACTIBUSTERSHOLYKHN"
Nonpublick joint-stock company "First Collector Bureau", NAO "PKB"
Limited Liability Company "National Service of Recycling", LLC "NSV"
Limited Liability Company "Agency Credit Finance", AKF LLC
Joint-stock company "Financial Agency for the Collection of Payments", JSC "FAPP"
Limited Liability Company "TSENTR YUSB-M", OOO "TSENTR YUSB-M"
Limited Liability Company "M.B.A. Finance", OOO "M.B.A. Finance"
Joint-stock company "Sequoia Credit Consolidashn", JSC "Sequoia Credit Consolidashn"
Limited Liability Company "TSENTR YUSB", OOO "CENTER YUSB"
Limited Liability Company "Bureau of Credit Safety" RusKollector ", LLC" Bureau of Credit Safety "Ruskollector"
Limited Liability Company "Agency Regional Organization for Disclaimers", LLC "Agency R.O.S. Dolg"
Limited Liability Company "Metropolitan Agency for Return Debt", OOO "Metropolitan Avd"
Limited Liability Company "Credit Inkaso Rus", LLC "Credit Inkaso Rus"
Limited Liability Company "KreditExpress Finance", LLC "CEF"
Limited Liability Company "Phoenix", OOO "Phoenix"
Limited Liability Company "Everest", Everest LLC
Limited Liability Company "TsZ Invest", LLC "TsZ Invest"
Limited Liability Company "Filbert", OOO "Filbert"
Society with limited response "Trust" (LLC "Trust")
Society with limited branch "Trust-Western Siberia" (LLC "Trust-Western Siberia")
Society with limited branch " Management Company Trust "(LLC" Managing Company Trust ")
Society with limited branch "Company Trust" (LLC "Company Trust")
LLC "GK. Financial services"(LLC" GK Fin ")
LIMITED LIABILITY COMPANY "DISCHANGE AGENCY" Credit Security Center "LLC" Da-TsKB "
Society with limited accomplishment "Camelot" (LLC "Camelot")
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If you have debts that have not been repaid for a long time, especially in the case of debt to the bank, then it is time to think about the emergence of new acquaintances in your life, and not the most pleasant. A representative of the collector agency will meet with you, i.e. Firms for the recovery of problem debts. It is possible that you have already had to communicate with them. In any case, it will be useful for you to learn more about who you are dealing with how to communicate with them, and in case of abuses on their part, how to deal with collector agencies.
With the collection of debts in Russian Earth, there were always problems, both in the distant past during the Golden Horde, and during recent events - in the "Liche 90s". Today, the replacement of the end of the twentieth century, new people who came to the norms of morality and the right came new people - professional collectors. With morality, these guys, too, not yet everything is good, but they work already under the law, or at least with a loaf on him. It would be more correct to say that their actions are on the verge of law, sometimes crossing one, then on the other side.
Are the collector agencies?
The Russian legal system does not allow to definitely answer this question. On the one hand, the activities of debt agencies are not directly prohibited, and even indirect prohibitions professional activity in B. russian laws It is impossible to find. On the other hand, such a state body as Rospotrebnadzor occupies a position in accordance with which collector activity does not have legal basis . It turns out that the collection is not legal, but not because their activities are prohibited, but because there is no special legal norms directly regulating it.
How to understand this, and the most important thing is to make decisions on the basis of current legislation no one knows even courts.
Another stumbling block is the work of collector agencies for bank credit, more precisely on debts of citizens and organizations to banks for unpaid loans. The fact is that in Russia, as well as around the world there is such a concept as "banking mystery", in accordance with which credit organizations They have the right to disclose information about their clients only a limited number of persons (for example, law enforcement), but collectors are not included in this list. Thus, collectors contradict the law, however, in practice, for some reason there is no mass adoption of confirming such a position.
Based on the foregoing, everyone himself decides whether the collector agencies are legitimate or not.
How to solve issues with collectors
First what will be concerned after the collector call, so it check not expired. The credit obligations are three years since the last payment or last contact with the bank. Under contact with the bank, you should understand any documented actions you indicate that you have known about the resulting debt, for example, this can be written by you a request for a delay of payment, or a telephone conversation audio recording with a bank. If the statute of limitations has expired, then you must no longer anyone, and therefore any requirements of collectors you have the full right to not satisfy, since they are not supported by the legal.
Second What is important to know - the best way solving issues with the debt agency it trial Since the law is on your side. In court there is an opportunity to reduce the size of the fine for, there you can declare a petition for installments of payment, there is a mass of maneuver ways to facilitate debt payment. - A guarantee of the fact that you will not pay for excess manifiers.
Third: do not deal with the debt agency without supporting the lawyer. The help of a competent specialist on the right will help you save you a tremendous amount of money, time and nerves, a lawyer will be able to take all the concerns for yourself and striking any available questions, you can sleep calmly. Choose a good expert right you can on our site, here you can ask specific question And get a clear answer online.
Communication with collectors
The main thing is that you need to know in communicating with the representative of the debt agency - the law on your side. It doesn't matter how much and to whom you should, in any case, the conversation with you should be built on logic, and not on emotions, and the interlocutor must behave correctly.
Communication rules:
- The first thing to be done is to ask to introduce the interlocutor to name the name, the place of work, the reason for the call and the foundation for which something requires you.
- Next, you need to request documentary confirmation of the above, namely the paper confirming the fact of transferring your debt from the bank to the Agency, as well as the written requirement of the latter to pay the specified debt. Until you see in lively specified documents, you can simply hang the phone.
- At the beginning of the conversation, tell the interlocutor that the conversation audio recording (even if you really don't do this), it will dust the collector's fervor.
- Do not persuade the collector and do not justify before it.
- In no case do not report myself personal information - income, place of work, own phones and addresses or contact details of relatives and acquaintances.
Another feature of which is important to know - the threats of collectors are empty. What can not be afraid:
- Frighten the appeal to the court? Yes, please, it is through the court and it is necessary to solve all questions.
- They say that all the property will come and take? They will not come and do not take, it can only be done on the ground, if this will make employees of the collector agency, then will be sent by friendly to serve a sentence in the form of imprisonment under Article 158 of the Criminal Code of the Russian Federation.
- Promise to "put on the counter" and threaten big percent? Do not have the right, unless you agree to this yourself. Penal sacnts (penalties) for non-payment are established for a long time or by law or the contract signed, no longer. Therefore, all threats about terrible percentage can be called only bluff.
How to deal with illegal actions of collector agencies
The sale of debt collectors does not give them the right to crime through the norms of the law and violate other people's rights. As a rule, debt agencies do not enter the verbal threats, but even this is enough to form a whole bouquet of offenses of varying degrees of severity and size of possible responsibility.
Start standing with an unpleasant thing - the actual threat to Russian law is not punished. But in the COAP of the Russian Federation there are articles establishing responsibility for insults and slander. In addition, the commission of such offenses gives grounds for a court.
Also not worth discounting an article 163 of the Criminal Code "extortion". The transfer of the indicated rules of law as a rule devastates the rooted debt recovers.
To ensure all the necessary knowledge when communicating with the collectors of knowledge within one article, or even the cycle of articles is simply impossible, so we recommend not to seek the legal aid to professionals, as part of the project lawyer online you can find excellent specialists.
To date, there is a huge number of collector agencies. In essence, they are not state bodyBut use all methods permitted by state law. That is why the attitude of people to collectors is very different. Many are interested in the question: collectors - legally or not they act as their measures are admissible to debtors.
Do you need collectors?
The need for collectors is clear, all because many banks and companies have accumulated a huge number of loan defaulters since 2008. In addition, many percentages for the use of the loan, which also remain non-refundable.
Very mutually beneficial manifolds to cooperate with banks when debugging debts. After all, such agencies receive their part of the remuneration established by the Treaty. In addition, a union with solid and proven the bank is quite strengthens the position of any collector agency. Although there are nuances, for example, old debts. The legitimate actions of collectors do not always retain the framework of legality in relation to old loans - after all, the debt is almost impossible to recover.
Today many large banks Work together with collector agencies. True, the state questioned the validity of such actions, as well as a method for recovering debts with the help of such agencies.
It's important to know
Organizations working with delay in loans may have a variety of names. This may be a "credit security bureau" or "loan assistance", but their activities are precisely in deferred debts from creditors.
Collector activities
Recently, collectors are reported to everyone that they only act on legal grounds. And Rospotrebnadzor immediately reacted to it as information in the press. The essence is so russian legislation Such entrepreneurial activity as debt collection is simply not. Therefore, the question is whether the collectors are legitimate in Russia, is relevant, and the answer is most often negative. Why then they are allowed to carry out their activities, work according to certain schemes, and the state is allowed.
Rospotrebnadzor has its own opinion
Attracting specialists to accumulate debts from the relevant company - has long been a generally accepted practice worldwide. Moreover, the collectors themselves and those who lead control are indicated. Nevertheless, Rospiculture believes that people are simply used to them as a givenness and have come to accept it.
Those who fight collectors believe that they deftly manipulate the concepts about the norm of civil law and the legislation themselves. And collectors are waiting for a speedy adoption of the law on their activities. Although, it turns out, his absence of them in hand, because they can withdraw responsibility for their actions. When there is no definite law, it is difficult to understand which agency is valid, adhering to the law, and what is not entirely in accordance with the Civil Code, and often violates human rights.
"Gray" agencies
Collectors operate legally or not - it is impossible to understand if there is no specific framework. True, if you rely on practice, you can get the characteristic of "gray" agencies that are not entirely legitimate. So, they report that their psychological assistance and support helps to return debts. It happens here the following: debts are charged by threats and promises and the debt is quite possible to challenge through the court. Also promise to describe the property, call relatives, colleagues. It turns out telephone terrorism, which makes people morally, and they carry the last to give part of the debt.
Nuances of collector work
Very often the essence of the contract, on the basis of which collectors act and put forward their demands, is silent. It turns out, the debtor does not explain that collectors operate in the interests of the bank with which they have a contract. Although, according to the law, third parties cannot be placed absolute obligations, especially with a controversial situation with the bank. It turns out, the debtor may ignore any actions of collector agencies towards it.
The opinion of debtors is not taken into account
The Bank is inferior to collectors their right to debt debt from the client. In addition, there are changes regarding persons under the obligation. By law, it is permissible to give up its demand to another person, if this does not contradict the law, in other words, the contract. Moreover, the concession should not occur without the consent of the debtor. After all, for him, the identity of the one who charges the debt is. Here is an important point for him in general, how to talk with collectors and react to their arrival. It turns out that the opinion of the debtor himself went around, and this may entail certain consequences, such as refusal to cooperate with intermediaries.
Dangerous moments
It should be borne in mind that the actions of collector agencies may fall under an article on extortion. After all, they are not subjects therefore they cannot replace the bank in the form of a new lender. The rights of collectors are very limited in this sense. After all, according to the law, the right of one lender can transition to another only on the initial conditions and in the same volumes that existed at the time of the transition of rights.
It comes out, the client must receive a document from the bank that his duty was transferred to the collector agency. In fact, such a document is shown as a fact and personally from its own behalf. It turns out, the rights of the debtor in this case are violated.
Banking mystery
An interesting situation arises with a bank secret. After all, according to the law, the lender, inferior to another person, should issue all the information on the client for the implementation of the requirement. At the same time, the Bank guarantees its clients to maintain the secret of their deposits, operations and any correspondence available. Then impose the rights to collectors on the obligations between the bank and the borrower cannot be contrary to the law. In this case, the point of bank secrecy is violated. Are the collectors in this case, are their actions justified? In addition, the change of an official does not allow the debtor to express his objections against collectors who are not performers banking services. But claims that are available primarily to the bank will remain.
Answer word
The collectors society reports that their actions are quite legitimate in Russia. Rospotrebnadzor, on the contrary, believes that their activities lead to losses in financial System And it affects bad on legal literacy of people. Collector business is considered to be a new activity. In addition, despite the entire negative, in many situations of their actions are based on legal grounds. It turns out, the rights of citizens are not violated in their essence. Just people really have little information about such agencies, so arise sophisticated situations. In addition, many simply do not know, and how the debt return procedure passes.
What is the problem?
The essence of the misunderstanding between the bank, collectors and borrowers is that the activities of the second does 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 make certain amendments to civil Code. Then the question, collectors operate legally or not, will disappear by itself.
Practice
If collectors come to you, then you need to be able to communicate with them. To do this, you need to stock information about their work with the bank. This situation arises here: the Bank places your delay to collect agencies, and they, in turn, are bought. Then between them is drawn up agreement on the transition of the rights of the lender to another person. It uses part 2 of article 382 Tax Code, Where is mentioned that the debtor's consent is not required. Further information about the debtor falls into the collector agency. There are two options:
1. Duty can be passed to a third party. It turns out, the bank sells the debtor to the Agency.
2. The bank concludes an agreement with collectors that they are obliged to work out the problem borrower given to them during a certain period.
It often happens that already spent collectors. Reviews Therefore, such agencies may be negative, because they themselves are not informed about the situation with this person. Start working with him, and then it turns out that the debt is given. This is no wines not collectors, but the bank itself.
Treaty
The situation today is ambiguous, but there is a way out of it. You just need to learn how to develop cooperation with the agencies that may assist in releasing money. To do this, it is necessary to sign the participation of the bank, the borrower and the collector agency itself. Thanks to this, equilibrium will be achieved, and the actions will have quite legal grounds. In this case, the question about collectors - legally or not they work - will not be so relevant.
It is worth noting that there are still anti-collegic agencies. They help citizens revise the schedule of loan payments. Also resolve the issue of recruiting debt or achieve a decrease in the rate on your loan. Can help pause interest accrual, contribute to solving in your favor, and much more. Therefore, you can seek them for help if the situation is very complex. Nevertheless, the collection agencies today work, relying on the law, and mostly do not violate it. If you can talk right with them, you can agree on your own. As a result, finding a decision on the return of debt, and at the same time save your own and someone else's time.
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