What is a collection agency: explanation + 3 types of collectors + 3 main stages of their work + 7 features of the law on collection activities + 6 tips for the borrower.

People who know about the principles of how banks work with severe loan defaulters have heard more than once about the so-called collectors. Many people still mistakenly believe that these are bank employees who forcefully extort money from borrowers. However, this is not at all true.

Our financial institutions learned about this from their American and European colleagues. Until 2014, there were no collectors in the legislation at all!

In 2016, the State Duma adopted the Federal Law “On collection activities in Russian Federation", which began operating throughout the country on January 1, 2017. He outlined the framework within which such companies can operate, which we will definitely get acquainted with further.

In this article, we will also explain how debt collectors work and how you can protect yourself from them using legal methods. Have you encountered debt collectors and don’t know what to do? Don't worry, you will find all the information you need here.

1. What is a collection agency: explanation + 3 subtypes

Collection agencies- these are organizations that buy out debts from financial institutions (banks, microfinance organizations, private borrowers) in order to independently collect money from them.

Most of these companies are registered and pay taxes regularly. They work with debtors (even the most difficult ones!) within the framework of the laws of the Russian Federation. Collectors are people who, through conversation, can influence the debtor so that he returns the money as soon as possible.

True, in some cases their actions become too harsh to be called normal methods of influence (you probably read about them in the news). But this only means that “black collectors” who do not work within the framework of the law have taken up the matter.

There are 3 subspecies in total collection agencies:

1. Agencies that collaborate with financial institutions through oral or written agreements.
2. Collection offices, which are a separate division in the bank.

Agencies that buy debts in financial institutions, without being their partners. Transaction agreements are concluded one-time.

Most often, it is precisely this scheme that is used by those same scammers who, by force or psychological pressure take away debts from borrowers.

Cooperation between banks and collection agencies is financially beneficial for both parties. Collectors usually keep 25% of the total debt as a fee, returning the rest to the bank to repay the loan.

At the same time, they do not pay money to purchase the debt, but simply enter into an agreement with the bank, obliging to collect the money from the borrower.

As a result, the collectors receive their remuneration for the mediation and the service performed, and the bank receives the funds issued to the borrower back.

2. How collection agencies work: 3 stages

The process begins with the collection agency purchasing the debts of borrowers from a bank or microfinance organization. The transaction takes place under an assignment agreement (when the rights of claim are assigned, that is, the borrower changes creditor).

The debt collection scheme itself was borrowed from the banking system.

The work of collectors can be divided into 3 stages:

Soft Collection.

At the first stage, collection agencies communicate with the debtor by phone, send daily SMS messages, call relatives, and work.

Throughout the initial stage, collectors simply remind you of the existing debt, the procedure and deadlines for repaying the debt to the creditor. At the same time, they constantly ask for money back.

Hard Collection.

At the next stage, collection agencies move on to personal meetings with the borrower. Guarantors or pledgors are also not ignored.

First, they invite you to visit the agency's office. If the borrower does not come on his own, then they go to the debtor’s home or visit his place of work.

As at the Soft Collection stage, collectors simply ask to repay the debt and remind you of fines and penalties.

Legal Collection.

At the third stage, collection agencies take active action, that is, they take the borrower to court.

As a rule, the creditor wins the process, so in the future the debt collection procedure takes place together with bailiffs.

3. Laws on the work of collectors from 2016: 7 key points

Many Russian citizens have been waiting for a long time for the adoption of a law that would be aimed at regulating the actions of collection agencies. In 2016, deputies nevertheless adopted a number of norms and rules for bank assistants.

You can learn more about the law “On collection activities in the Russian Federation” here: https://refdb.ru/look/2415733.html

In this section we would like to introduce you to the most important points of this legal act:

1. Each collection agency must be licensed and be listed in a single State Register. Before you start communicating with a representative of the office, be sure to ask to see your registration number.
2. Refunds must be processed by only one debt collector.

The lender and the borrower have the right to interact in person at a meeting, by phone or via text messages. Other methods are prohibited unless the borrower has agreed to use additional methods of interaction.

In addition, even after consent, the borrower can withdraw his decision at any time by writing to the collection agency.

3. Collectors must work only on the territory of the Russian Federation. That is, if the borrower has flown abroad, then calling or writing to him is prohibited.
4. Collectors are prohibited from hiding the mobile or landline phone number from which calls and negotiations occur.
5. If the debtor requests information from the agency, then the collectors are required to respond within 30 days from the date of the borrower’s request.
6. If an agency or a specific employee causes harm to the borrower - moral or physical, the victim has the right to demand compensation for the damage. Also, the very fact of causing damage will be punishable by law.

With the help of this law, borrowers receive many of the rights that they were previously deprived of. After all, before its adoption, as such, there was no legal framework in the activities of collection agencies!

Now you don’t have to be afraid that debt collectors will scare you or your family, because the following rules have been established for collectors:

1. A person who has previously been convicted cannot work as a collector.
2. It is prohibited to threaten the borrower with violence.
3. You cannot use psychological methods that can harm the morale of the debtor.
4. It is prohibited to distort information regarding the amount of debt, terms of repayment, or the possibility of bringing the debtor to justice under the Criminal Procedure Code.

Remember: collection agencies have nothing to do with government authorities. Therefore, at any time you can file a counterclaim in court or write a statement to the prosecutor’s office in order to get rid of the illegal actions of the office employees.

It happens in life that a loan had to be taken out, but there is simply no way to pay it off.

In this situation, refusing to return the money at all is stupid. If you see that there is no way to pay off the debt, contact the bank and find a solution to the problem together, without bringing the matter to debt collectors.

If you have already encountered a debt collection agency, then there is nothing to be afraid of. The talk that collectors are “big men” who take away your last money by force is nothing more than a myth. This fairy tale was invented by the collection agencies themselves in order to scare debtors even before the start of interaction.

We have selected a number of rules that must be followed when dealing with collection agencies:

1. If you receive a call from such an office, demand that your interlocutor introduce himself, indicate his full name, position, agency name, and office registration number.
2. It’s worth talking normally, there’s no need to raise your voice and make trouble. Collectors are good psychologists; they immediately recognize emotional people and then put moral pressure on their weaknesses.
3. The conversation should be recorded on a voice recorder - be sure to tell the collector about this. Most likely, the person will be afraid that the recording will be handed over to the court or the prosecutor’s office, so he will communicate politely.

If you are disturbed from 22:00 to 8:00 on weekdays, from 20:00 to 9:00 on weekends and holidays- this is a violation of the law. Record such calls - with such “material” you can safely file a complaint with the prosecutor’s office.

And don’t forget to inform the collectors themselves about this! Most likely, after this, calls at inappropriate times will stop.

4. Collectors do not have the right to communicate with relatives, guarantors or work colleagues without your permission. Moreover, talk about your debts and financial situation to an unlimited number of people is also prohibited by law.
5. A collector can talk to a borrower only 8 times a month, but no more than once a day and twice a week. You don't have to answer the phone if collection agencies call you every day.

It is best to contact the prosecutor's office immediately in case of violations of such rules. Based on your application, an audit will be initiated and carried out. If the case with debt collectors goes to court, then this fact will be considered by a higher authority. In this case, the law will be on the side of the borrower.

Another way to deal with a collection agency that does not work according to the law is to file a complaint with NAPCA (National Association of Professional Collection Agencies). You can find out all about the application procedure here: https://www.napca.ru/napravit-zhalobu/

In order for the association to complete the check, the collection office must be on the NAPCA list. The borrower who submitted the application must prepare all the documents that became the object of the dispute. This is necessary for association workers who must know all the details of the case.

The main thing when dealing with debt collectors is not to be afraid of anything. The people on the other side of the phone rely on psychologically intimidating their client, using rude phrases, profanity and similar methods.

If the collectors understand that they won’t scare you, they will begin to communicate politely and even offer to solve the problem of paying off the debt together.

We described general information on how to communicate with debt collectors and what the law restricting their activities brought to ordinary citizens of the Russian Federation.

What does a collection agency actually do?

you can find out by watching this video:

Read more about what is a collection agency, can be read on the pages of legal resources. Or better yet, don’t bring the matter to a meeting with them at all.

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On this moment In Russia, the growth in lending to the population observed in recent years continues. According to the Bank of Russia, since the beginning of 2013 it has amounted to 21.5%. At the same time, during this period the share of overdue debt in the total volume of loans granted to individuals increased from 4 to 4.5%. In this regard, collection agencies are becoming increasingly important - commercial organizations specializing in debt collection.

As noted by the President of the Association of Russian Banks Garegin Tosunyan, in 2012, banks sold approximately 45% of citizens' overdue debt through collection agencies. According to his assessment, by the end of 2013 the share of sales to collectors will also reach the level of 40-45%. At the same time, banks most often cede unsecured debts to collectors. consumer loans, since the value of each of them is small relative to the costs of independent or judicial collection.

However, if in the West the activities of such companies have a long history and are fairly well regulated (for example, in the USA the Fair Debt Collection Practice Act has been in force since 1978), then in Russia it does not yet have proper legal basis. The result of this is systematic complaints from citizens about the actions of collection agencies to regulatory and supervisory authorities, contradictory arbitrage practice and, finally, the dissatisfaction of the collectors themselves with the negative image of them that has developed in society.

The main problem is that all participants in the relevant legal relations are forced to be guided by extremely disparate provisions of civil and banking legislation, norms in the field of consumer protection, which were initially adopted without taking into account this service market and do not allow today to regulate it unambiguously and comprehensively.

Collection agencies are best known for their activities in collecting debt on loans. However, it is worth noting that they also deal with debts for housing and communal services, telecommunications services, verification of collateral, and debt consulting. There is also a separate direction - corporate collectors who specialize in the debts of organizations.

Simple theory

As part of their activities aimed at debt collection, collection agencies and banks are directly or indirectly guided by the provisions of such regulations as: ; Federal Law of July 27, 2006 No. 152-FZ (hereinafter referred to as the law on personal data); Federal Law of December 2, 1990 No. 395-I (hereinafter referred to as the law on banking activities); Law of the Russian Federation of February 7, 1992 No. 2300-I (hereinafter referred to as the law on the protection of consumer rights), Federal Law of December 30, 2004 No. 218-FZ; Federal Law of July 27, 2006 No. 149-FZ, Federal Law of October 2, 2007 No. 229-FZ (hereinafter referred to as the law on enforcement proceedings). These companies and their officials are liable in accordance with and.

It is worth keeping in mind that collection agencies are commercial organizations with general legal capacity and do not have any special legal status or authority. The activities of collectors themselves are not licensed, these companies are not accredited, and their services are not standardized. The tools for resolving disputes and conflict situations for collectors are the same as for other citizens and organizations: courts, law enforcement agencies, claim work and negotiations.

Quote Pavel Mikhmel, CEO OJSC "First Collection Bureau" “According to our estimates, the volume of sales of debts to collectors by banks in 2013 will close at the level of 145 billion rubles, and this exceeds the figures for 2012 by 40%. Banks have become increasingly active in selling problem debts to collectors. Even the most major players the market has joined this process. The agency market is growing less actively, so in 2013 the increase was only 5.6% and by the end of the year the volume of debt transferred for collection to collectors under the agency scheme will amount to about 300 billion rubles. This segment of the collection market remains stable and will increase slightly. If we talk about the relationship between the assignment and agency markets, then today basically all banks operate both under the agency scheme and under the assignment scheme."

Today, collection agencies, in order to carry out their professional activity For debt collection, two main forms of cooperation with banks are used:

Supreme Court of the Russian Federation

Takes a similar position Supreme Court of the Russian Federation(Plenum of the Supreme Court of the Russian Federation dated June 28, 2012 No. 17 “On the consideration by courts of civil cases in disputes regarding the protection of consumer rights”):

Violation of bank secrecy, which inevitably accompanies the execution of an agreement for the assignment of the right to claim under loan agreement, testifies to the invalidity of such an agreement due to its nullity, as contrary to the law based , . This position is set out in the Appeal Ruling of the Omsk Regional Court dated July 24, 2013 in case No. 33-4848/2013, the Moscow City Court dated February 28, 2013 in case No. 11-6511/13; Appeal ruling Supreme Court Republic of Buryatia dated April 1, 2013 in case No. 33-956; Appeal ruling of the Supreme Court of the Republic of Buryatia dated June 5, 2013 in case No. 33-1685; Appeal ruling of the Ryazan Regional Court dated August 14, 2013 No. 33-1744.

The change of person in the obligation associated with the assignment, among other things, does not allow the debtor to exercise his right to oppose the claim of a new creditor who is not the executor banking services, objections that he had or could have against the original creditor - the bank (Vologda Regional Court dated June 8, 2012 No. 33-2265/2012). Also, a number of courts note that, within the meaning of the norms of the Civil Code of the Russian Federation, compliance with bank secrecy is one of the criteria for the quality of the corresponding financial services provided by the bank to the consumer. In this regard, the assignment of the right of claim in consumer relations, if possible, is only in a situation where the new creditor is a bank, obliged, like the original creditor, to provide high-quality service to the consumer client, including in compliance with bank secrecy (Appeal Definition of the Zabaikalsky Regional Court dated July 2, 2013 in case No. 33-2370-2013).

However, in the practice of courts general jurisdiction The opposite position is also found. Thus, the Appeal Ruling of the Rostov Regional Court dated July 30, 2013 in case No. 33-9559/2013 states that the subject of the assignment is the right to claim debt collection, and not bank secrecy as such. The obligation of the new creditor to ensure the confidentiality of information constituting bank secrecy, in this case, follows not from the concluded assignment agreements, but from imperative requirements and. This obligation is a public law obligation that is outside the scope of the concluded assignment agreement, and therefore the conclusion of agreements for the assignment of rights (claims) could not violate the rights and legally protected interests of the borrower. If, as a result of the assignment, information related to bank secrecy was disclosed, the borrower has the right to protect his rights in the manner prescribed by law (,).

According to the court, the current legislation does not establish any restrictions when concluding an agreement for the assignment of rights of claim arising from a loan agreement; non-compliance with the requirements of the legislation on bank secrecy does not affect the resolution of the issue of the validity of the transaction for the assignment of rights under the loan agreement. At the same time, having found no evidence that the identity of the creditor is of significant importance for the debtor when fulfilling the terms of the loan agreement on repayment of debt and payment of interest, the court found that there were no grounds for declaring the agreement for the assignment of rights (claims) void. A similar position is also reflected, for example, in the Ruling of the Perm Regional Court dated April 29, 2013 in case No. 33-4023-2013, the Perm Regional Court dated April 1, 2013 in case No. 33-3058, the Appeal Ruling of the Supreme Court of the Chuvash Republic dated June 17, 2013 in case No. 33-2047/2013).

Thus, as a rule, courts of general jurisdiction, on the grounds stated above, refuse collectors to collect debts from citizens under loan agreements who did not consent to the assignment of the right of claim to an organization that does not have a license to carry out banking activities. Also, when the relevant question is raised before them, they recognize the relevant assignment agreements as void due to a violation of bank secrecy.

Supreme Arbitration Court of the Russian Federation

The most liberal attitude towards the institution of collection is Supreme Arbitration Court of the Russian Federation:(Presidium of the Supreme Arbitration Court of the Russian Federation dated October 30, 2007 No. 120; Presidium of the Supreme Arbitration Court of the Russian Federation dated September 13, 2011 No. 146). His position is as follows:

1. Current legislation does not contain rules prohibiting the bank from assigning rights under the loan agreement an organization that is not a credit organization and does not have a license to engage in banking activities.
2. Assignment of the right of claim under a loan agreement is not among banking operations, specified. From this norm it follows that it is mandatory to have a license only to carry out activities of issuing loans at the expense of raised funds. With the issuance of a loan, the licensed activity of the bank is considered completed. Neither the law nor contains regulations on the possibility of exercising the rights of a creditor under a loan agreement only by a credit organization.
3. Request for repayment of the loan issued to an individual under a loan agreement , is not one of the requirements inextricably linked with the identity of the creditor.
4. To transfer the rights of a creditor to another person, the consent of the debtor is not required, unless otherwise provided by law or agreement (). At the same time, there is no norm in the legislation that would establish the need to obtain the citizen’s consent to make a concession. credit organization requirements arising from the loan agreement.
5. Assignment of claims arising from the loan agreement, does not violate bank secrecy regulations, since the collection agency and its officials are legally liable for its disclosure (including in the form of an obligation to compensate the borrower for damage caused by the disclosure of bank secrecy).
6. When assigning a claim to repay a loan (including when the assignee does not have the status of a credit organization), the terms of the loan agreement concluded with the citizen do not change, and his position does not worsen (and), guarantees provided to the citizen-borrower legislation on consumer protection are preserved.

The specifics of consideration of such cases by arbitration courts, as a rule, are associated with banks challenging decisions of Rospotrebnadzor to bring them to administrative liability for (inclusion in the contract of conditions that infringe on the rights of the consumer). At the same time, Rospotrebnadzor holds banks administratively liable based on its legal position, the position of the RF Armed Forces and the courts of general jurisdiction described above. Arbitration courts are guided by explanations of the Supreme Arbitration Court of the Russian Federation that are completely opposite to them in essence.

As a result, in the vast majority of cases, decisions are made in favor of banks, and therefore collectors(Third Arbitration Court of Appeal dated June 4, 2013 in case No. A33-20408/2012, Fourth Arbitration Court of Appeal dated May 15, 2013 in case No. A19-739/2013, Fifteenth Arbitration Court of Appeal dated August 23, 2013 No. 15AP- 11120/2013 in case No. A53-6905/2013, Resolution of the Twentieth Arbitration Court of Appeal dated December 27, 2012 in case No. A68-6484/12, Sixth Arbitration Court of Appeal dated June 27, 2012 No. 06AP-2276/2012 in case No. A04-1523/2012).

Also, arbitration courts, when considering applications to appeal Rospotrebnadzor decisions on bringing banks to administrative liability for (failure to provide consumers with information about services), in a number of cases, note that the bank is not even obliged to notify the debtor about the planned or actual conclusion of an agreement for the assignment of the right to claim under the loan ( Resolution of the Seventeenth Arbitration Court of Appeal dated September 3, 2013 No. 17AP-8820/2013-AKu in case No. A60-16262/2013)

Despite this, arbitration courts actively side with Rospotrebnadzor (as well as Roskomnadzor) in matters related to indications in loan agreements conditions on the borrower’s consent to the bank’s transfer of his personal data to third parties for the purpose of collecting overdue debts (the same Code of Administrative Offenses of the Russian Federation applies). As the courts note, a citizen must be able to make an independent decision whether to consent to the transfer of personal data to third parties or to refuse. Moreover, such consent must include the necessary details, in particular, to whom exactly information about personal data can be transferred, what information about the borrower will become known to third parties, the validity period of such consent, the procedure for its revocation, etc. (Sixth Arbitration Court of Appeal dated October 17, 2012 No. 06AP-4042/12).

The courts note that banks generally use standard contracts connections that do not contain such information, and a special statement of consent to the processing and transfer of personal data to third parties is not filled out by the consumer. In this regard, according to the courts, the said condition of the contract is actually mandatory and does not represent a right of choice. If it is excluded, the contract will not be concluded with the citizen, which violates consumer rights and contradicts the Constitutional Court of the Russian Federation of February 23, 1999 No. 4-P, which states that the citizen is an economically weaker party and needs special protection of his rights, which entails the need to limit the freedom of contract for the other party, i.e. for banks (Ninth Arbitration Court of Appeal dated August 30, 2013 No. 09AP-25306/2013, Ninth Arbitration Court of Appeal dated August 19, 2013 No. 09AP-24400/2013 ).

In addition, some arbitration courts partially agree with courts of general jurisdiction and note that in order to assign the right of claim to collectors, the terms of the loan agreement must indicate that we are talking about an organization that does not have a license to carry out banking activities. Otherwise, this is a violation of the consumer’s right to receive necessary and reliable information about the product (work, service) being sold (Fourth Arbitration Court of Appeal of August 2, 2012 in case No. A19-5360/2012).

Thus, as a rule, arbitration courts, on the grounds stated above, recognize the legal assignment of the right to claim under loan agreements to collection agencies. At the same time, the terms of loan agreements on the borrower’s consent to the transfer of his personal data to third parties, as a rule, are recognized as violating consumer rights.

On January 16, 2017, a register of collection agencies appeared on the FSSP website in accordance with the basic requirements of the Federal Law. This document allows you to verify the legality of conducting professional collection activities. Accordingly, every person should know how to check whether a collection agency is included in the state register in the event of professional debt collectors contacting them regarding a debt.

How to find the registry of collection agencies

1. To get started, go to the website Federal service bailiffs by clicking on this link.

2. After that, select “Services” from the main menu list.

3. In the “Services” section there is a link to information about legal entities whose main activity is aimed at collecting overdue debts, contained in the state register. Click on the section highlighted in the picture.

4. After completing all the steps in sequence, you will see a table with a list of legal collection agencies in the Russian Federation.

Why do ordinary citizens need a registry of collectors?

You can officially verify the legitimacy of the company that is applying for debt;

The document indicates the legal address of the organization, which will make it easy to find the addressee to whom to write a statement or claim in the event of any incident;

The register contains an exact website with which you can study information (contact details, addresses of nearest offices), as well as clarify it (by hotline or by sending an application to the organization’s email address);

Basic requirements for collection agencies

The Federal Law (230-FZ) states the basic requirements for the activities of collectors and collection agencies, such as:

Have a mandatory state registration organizations in Russia;

The collection agency must be included in the state register (can be checked on the FSSP website);

The employee must not have a criminal record economic sphere or have been convicted of a crime against government authority;

The employee must not have any illnesses that would prevent him from working in this organization.

Their responsibilities include:

Maintain a list of employees who have access to the debtor’s personal information (the employee must give a receipt for familiarization with Federal law, and is also obliged to maintain the confidentiality of information);

Store all paper and electronic documents three years from the date of their dispatch or receipt;

Keep an audio recording of all cases of interaction with the debtor, warning him about this, and also store these recordings on media for at least three years;

Provide the authorized body with a report on its activities and inform it about changes made to its constituent documents;

Comply with the requirements provided for in Art. 13 230-FZ.

Restrictions on the activities of collectors

Federal Law (230-FZ) introduced restrictions for collection agencies on January 1, 2017. Thus, these organizations do not have the right:

Disturb the debtor from 20:00 – 9:00 – on holidays and weekends, 22:00 – 8:00 – on weekdays;

Visit the debtor more than once a week;

Call the debtor more than once a day, twice a week and eight times a month;

Send SMS more than twice a day, four times a week and sixteen times a month;

Call the debtor at work numbers and visit him at work;

Hide your phone number, as well as call from phone numbers that do not belong to the collector or creditor;

Contact with third parties (parents, colleagues, neighbors);

Damage or destroy the debtor's property;

Use words that humiliate the honor and dignity of the debtor (third parties);

Use physical force, threats to life and health against the debtor, as well as third parties;

Exert a psychological influence on the debtor and third parties;

The law also clarifies the borrower's rights to protect his interests. Before each contact, the debtor must be informed:

Last name, first name, patronymic (if any) of the creditor;

Information about whether the borrower is in arrears on the loan;

Number contact phone number the creditor or a person who has the right to act on his behalf.

If these provisions are violated, the collection agency faces serious fines.

Federal Law (230-FZ) introduces a fairly large number of restrictions on the activities of creditors and collectors. Definitely, innovations will reduce violent and illegal debt collection from borrowers. The law will also make it possible to remove unscrupulous collectors who denigrate the activities of other agencies included in the register. But how the law will be applied in practice - only time will tell.

Question for a lawyer:

Can the bank not inform the borrower about the assignment of rights of claim to another credit institution? Can the right of claim be transferred to a person who does not have a license to carry out banking activities?

Lawyer's answer to the question:
Maybe. In this case, if you pay the debt to this bank, it will be the bank’s problems, not yours.

On the second question - maybe, if this was agreed upon when concluding the loan agreement.
———————————————————————

Lawyer's answer to the question: banking license
No, I am obliged to report (Article 385. Evidence of the rights of the new creditor.

1. The debtor has the right not to fulfill an obligation to a new creditor until he is provided with evidence of the transfer of the claim to this person.). Theoretically, this happens when cases are transferred to collection firms.
———————————————————————

Lawyer's answer to the question: banking license
obliged to notify you
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Does OJSC First Collection Bureau have a license to carry out banking activities??? As far as I have heard, the agreement...

Question for a lawyer:

Does OJSC First Collection Bureau have a license to carry out banking activities??? As far as I have heard, an agreement on the assignment of rights of claim by a bank can only be concluded with an organization that has such a license...

Lawyer's answer to the question: banking license
no, such an agreement can be concluded with any person (legal, individual or individual entrepreneur)
———————————————————————

Can an organization (OJSC) that does not have a license to carry out banking activities issue a loan secured by...

Question for a lawyer:

Can an organization (OJSC) that does not have a banking license issue a loan secured by real estate?

Lawyer's answer to the question: banking license
Hello! An organization (any organization, not just JSC) that does not have a license to carry out banking operations does not have the right to issue a loan. You can formalize the relationship with a loan agreement.
———————————————————————

Is a collection agency required to have a banking license?...

Question for a lawyer:

Hello! Please tell me, does the bank have the right to sell a loan agreement (agency agreement, assignment agreement) to a collection agency without my consent? Is a collection agency required to have a banking license? Thank you!

Lawyer's answer to the question: banking license
Yes, he has the right.
———————————————————————

Can a bank transfer a loan debt to an organization that does not have a license to carry out banking activities...

Question for a lawyer:

Good afternoon. Can a bank transfer a loan debt to an organization that does not have a license to carry out banking activities?

Lawyer's answer to the question: banking license
Maybe, if it is stipulated in the loan agreement
———————————————————————

What other information needs to be found for a bank to lose its banking license?...

Question for a lawyer:

Does JSC First Collection Bureau have a license to carry out banking activities?

Lawyer's answer to the question: banking license
There is no license and there shouldn’t be, this is not a credit organization.
———————————————————————

Lawyer's answer to the question: banking license
Hello! JSC First Collection Bureau does not have a license
———————————————————————

The bank where I took out a loan had its license revoked. According to the agreement, I was supposed to be provided with information within a month... Question to the lawyer: The bank from which I took out a loan had its license revoked...

Was there any activity in this case related to legal regulation public relations?... Question for a lawyer: Director of Yantar LLC Maklakovsky issued an order in which he established:...

Is there a risk that the landlord’s activities will be reclassified entirely into the OCH as leasing premises for a store?... Question for a lawyer: The landlord pays UTII for the provision of a trade...

And one more thing - which government body supervises the activities of insurance companies?... Question for a lawyer: My wife received group 2 disability Insurance Company I requested a bunch of all kinds of documents...

How to pay a loan to a bank with a revoked license, the money was returned twice... Question for a lawyer: How to pay a loan to a bank with a revoked license, the money was returned twice. What afterbirth...

Most borrowers have long been aware of the existence of collection agencies.

Dear readers! The article talks about typical ways to resolve legal issues, but each case is individual. If you want to know how solve exactly your problem- contact a consultant:

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Banks often get rid of overdue debt by selling it to collectors. Consequently, the new creditor acquires all the rights and obligations of the previous lender and has the right to make demands for payment of the debt. The procedure is voluntary or forced collection debt is regulated by regulations. Therefore, it is necessary to understand in more detail what rights collectors have and how legal the activities of collection agencies are as of 2019.

Innovation of the law

The main legislative reform is the legalization of bankruptcy of individuals (Chapter 10 of the Federal Law “On Insolvency...”). The citizen's bankruptcy became effective on July 1, 2015. Almost any interested party has the right to initiate consideration of a case regarding his or her insolvency in an arbitration court. The only condition is the presence of an overdue debt in the amount of 500 thousand rubles, which the debtor is not able to repay. The loan repayment delay must be at least three months.

As part of the bankruptcy procedure, the following is allowed:

• Conclusion of a settlement agreement.
• Debt restructuring.
• Sale of property.

The essence of a settlement agreement is to find a compromise between the creditor and the debtor.

If the parties to the agreement find a way out of the current situation that guarantees repayment of the debt and the court approves this transaction, then the bankruptcy case of the citizen is terminated. If we talk about restructuring, the main factor here is drawing up a plan that includes the procedure and timing of debt repayment. The maximum period for repaying the debt should not exceed three years. Interest accrual stops once the debt repayment plan is approved.

This best option for a debt-ridden borrower. As for the sale of property, such decisions are made by the court if the previous two options do not suit the participants in the trial. The sale of the debtor's assets will be aimed at proportionately satisfying the claims of creditors. At the same time, not all of the borrower’s property is subject to sale (Article 205 of the Federal Law “On Insolvency...”). For example, real estate, which is the debtor’s only home and acts as collateral, cannot be sold.

The forms of documents that must be provided to an individual when applying to court are approved by order of the Ministry economic development Russia No. 530 “On approval...”. By adopting a law, the state tries to balance the interests of lenders and borrowers as much as possible. However, such reforms may not appeal to all lenders or collection agencies. As practice shows, the bankruptcy of debtors does not cover all existing debt, which means that creditors will have significant losses. However, the law prohibits a citizen from initiating repeated bankruptcy for five years from the moment he was declared insolvent (Article 213 of the Federal Law “On Insolvency...”).

Collectors - are they legal or not?

The issue of the legality of the activities of collection agencies has been discussed for many years. At first glance it may seem that separate regulations regulate it differently. But, upon careful study of the legislation, it becomes clear that collection agencies are actually the borrower’s new creditors.

Consequently, if the procedure for assigning the right of claim is not violated, then the activities of the agencies are recognized as legal.

The procedure for voluntary repayment of debt to a new creditor is no different from repayment of a loan in favor of the previous lender. The only difference is that the money is transferred to the account of another legal entity. Typically, the details of the new creditor are provided by the bank that ceded the right of claim. However, a collection agency can also send a letter about the assignment of credit obligations to the debtor. In this case, the debtor may demand from the collector a copy of the agreement on the assignment of rights (Article 382 of the Civil Code of the Russian Federation).

Separately, it is worth recalling that the debtor’s consent to the assignment of debt is not required. But, if the loan agreement contains such a clause, then the loan is required to obtain the consent of the borrower. Violation of this condition is grounds for recognizing the assignment agreement as illegal. The debtor only needs to submit statement of claim to court. If the assignment of the right of claim occurs within the framework enforcement proceedings, then the loan is freed from the need to coordinate its actions with the debtor. The lender only needs to notify the borrower about the conclusion of the agreement. Until the notice is provided, the debtor may not fulfill his obligations to the new creditor (Article 385 of the Civil Code of the Russian Federation).

The parties can also enter into a tripartite agreement, which will display:

• subject of the contract;
• basis for transfer of the right of claim;
• consent of the parties to the agreement on the assignment of rights.

A similar legal position is reflected in the clarifications of the Supreme Court (case No. 89-КГ15-5). The highest judicial body indicated that if the debt is confirmed by the court decision on the basis of which the performance list, then the lender has the right to assign the debt. According to the Supreme Court panel, this does not contradict Article 52 of the Law “On Enforcement Proceedings”. The connecting link here is the order of the bailiff, which is issued on the basis of a writ of execution.

The document must indicate:

• the name of the court that issued the writ of execution;
• court case number;
• date of the court decision;
• the date when the judicial act came into force;
• statements about the creditor and debtor;
• the operative part of the judicial act;
• the date when the writ of execution was issued;
• court seal and judge's signature.

Agency activities

The phrase is more understandable to the average consumer banking activity. The only association that arises with the word bank is issuing loans, accepting deposits, and providing services for accepting utility or other payments. If we consider the activities of collection agencies, the first thing that comes to mind is collecting debts using illegal methods. However, this opinion has long been outdated.

Today, collectors operate exclusively in the legal field, but in the status of a creditor. Because today there are no separate regulations governing the activities of collection agencies. The source of obligations is the loan agreement. Therefore, if a borrower applies to a bank for a loan and for some reason stops paying it, then he acquires the status of a debtor. As a result, the bank can collect the debt independently or. Collection agencies usually act as buyers. However, the sale of debt is allowed only to legal entities.

Permitted techniques

Debt collection must occur exclusively within the framework of current legislation. The general procedure for debt repayment is provided for by the terms of the loan agreement. Therefore, the borrower must repay the loan in accordance with the repayment schedule. But, if there is a debt, then in order to enter into the usual loan repayment schedule, the debtor must first close it. After which you can confidently make monthly payments, unless otherwise provided by the terms of the agreement.

If voluntary repayment is not possible, then the creditor must go to court. Based on the results of the judicial review, the creditor will be able to receive judgment and writ of execution. The collection agency can contact the bailiff service with these documents. Consequently, further debt collection will be carried out by the state. A collection agency can be a party to enforcement proceedings and monitor the progress of events within the framework of the law.

If the debtor has property that is the subject of a mortgage, then it may become the subject of a public auction.

The exception is property provided for in Article 446 of the Code of Civil Procedure of the Russian Federation.

This includes:

• Residential premises that belong to the debtor and are his only home.
• The land plot on which the housing specified in the previous paragraph is located.
• A vehicle required by the debtor due to his or her disability.

In this case, the debtor can apply to the court with a request to pay the debt in installments. However, such an appeal is relevant if the debtor really plans to repay the debt, and is not just trying to delay the process of selling his property.

Prohibited actions

The standard set of actions of most collection agencies includes:

• system sending of SMS messages;
• regular phone calls;
• sending letters;
• visiting debtors at home;
• debt restructuring;
• drawing up a loan repayment plan;
• filing a claim in court.

The specified list of actions does not contain anything illegal. However, if the collection agency begins to abuse the listed actions, then this can be regarded as extortion (Article 163 of the Criminal Code of the Russian Federation).

The lender's attempts to contact the borrower must be aimed solely at returning the money invested within the limits of the law.

Therefore, borrowers should remember that the basis for voicing demands on the part of the new lender is the contract. If the debtor deliberately avoids negotiations and categorically refuses to repay the debt, then the agency can contact law enforcement agencies with a statement of fraud (Article 159 of the Criminal Code of the Russian Federation). The borrower faces criminal liability only if he did not initially plan to repay the loan. Avoidance of obligations may lead to an increase in the amount of debt. Interest accrual under the loan agreement will occur even when debt collection is carried out bailiffs. Termination of obligations occurs only after full repayment debt.

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