Collectors call relatives what to do. What to do if debt collectors call relatives? Interaction of collectors with relatives of the debtor

1. Do debt collectors have the right to call relatives.

1.1. Hello Roman,
in accordance with Art. 4 of the Federal Law "On the protection of the rights and legitimate interests of individuals when carrying out activities to repay overdue debts and on amendments to the Federal Law "On microfinance activities and microfinance organizations" dated 07/03/2016 N 230-FZ
5. The interaction of the creditor or a person acting on his behalf and (or) in his interests with any third parties, which for the purposes of this article means members of the debtor’s family, relatives, other persons living with the debtor, neighbors and any other individuals, at the initiative of the creditor or a person acting on his behalf and (or) in his interests, can only be carried out if the following conditions are simultaneously met:
1) there is the consent of the debtor to carry out interaction with a third party aimed at returning his overdue debt;
2) the third party has not expressed disagreement with the interaction with him.
Only in the case described above do collectors have the right to communicate with your relatives.
Sincerely!

1.2. Such calls are not prohibited by law, but they do not have any legal force: they only spoil the mood, interfere with rest and lead the same normal lifestyle. Most often, such a call is an attempt to find the debtor. The legislation provides for the possibility of recovering a debt not specifically from the debtor, but from his relatives only in the case of surety and inheritance. Thus, calls to relatives about this matter will be objective and comply with the law.

More and more Russians are turning to banks for financial assistance when meeting their own needs. The number of possible loans and their total maximum size is not limited. Therefore, one person can have several loans from different banks.

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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When signing a loan agreement, not everyone is able to soberly assess their own strength to repay the borrowed funds on time and in full.

This may lead to the fact that sooner or later you will become acquainted with collectors - people who collect credit debts in a pre-trial manner.

In their actions, collectors can address not only the debtor himself, but also his relatives. How legal is it for collectors to call relatives of the debtor?

Reasons for communication

Collectors enter into a relationship between the bank and the debtor only after the latter has a debt.

Since banks do not have the ability to independently collect debts (except for going to court or to bailiffs, if there are no controversial issues), they prefer to “sell” the debt to a collector.

Therefore, a collector can call a debtor only if there are a number of reasons:

  • availability of a bank loan;
  • late repayment of a loan payment (regular or complete non-payment);
  • change of creditor (the bank assigned the debt to a collection agency, which is confirmed by the relevant agreement).

There are no other grounds for communicating with the collector.

If such a debt collector calls, then first of all you need to remember about the concluded loan agreements and the timely repayment of your debts.

How do claimants act?

Possible actions of collectors are limited by law.

Claimants can act as follows:

  • call the debtor;
  • meet in person;
  • send messages using Russian Post services, via email, via SMS communication.

Other methods of communication are possible only with the consent of the debtor or the person with whom such communication is planned.

The limits of action of collectors are significantly limited:

  • the validity of the contract or the time of the payment period under the terms of the contract (exception: the possibility under the Civil Code of the Russian Federation or the contract to demand early repayment of obligations);
  • night time: from 20 to 8 o'clock on weekdays, from 20 to 9 o'clock on weekends.

When performing their work, collectors cannot cause harm to the debtor, his relatives, family members, or property.

Claimants are prohibited from abusing their rights.

Do debt collectors have the right to call the debtor’s relatives?

According to Part 1 of Art. 15 of the Federal Law “On Consumer Credit (Loan)”, the creditor can communicate only with the debtor himself or with the person who provided security under the agreement (for example, a guarantor).

To the question whether collectors have the right to call, one can answer in the affirmative only if there is a reason:

  • the relative is a co-borrower under the agreement (which means he is liable under it on an equal basis with the main debtor);
  • a credit guarantor, but he responds after it turns out that the main debtor is not able to repay the debt;
  • The telephone number of a relative is specified as the contact telephone number of the debtor in the questionnaire, application or loan agreement.

For other reasons, for example, in order to influence the debtor, collectors do not have the right to call relatives.

Exception: there is written consent for such communication between the debtor’s relative and the debtor himself.

The debtor has the right to revoke such consent at any time in writing (through a notary, by mail in a notification procedure, by handing it in person against receipt to the creditor or collection organization).

To work

When fulfilling their duties, collectors first start calling the contacts specified in the contract.

If the work number of the debtor’s relative is indicated, the first call will be made to this number.

In order to prevent repeated calls to work, you must inform the collection employee about your reluctance to communicate. After this, calls to work numbers by collectors are unacceptable.

Before finding out whether collectors have the right to call the debtor’s relatives at work, it is worth finding out what contact number was indicated in the loan application form.

Can they threaten?

The behavior of collectors is significantly limited.

When communicating with a debtor, his relative, or other person, threats are not allowed:

  • harm to health or murder;
  • destruction of property or damage to it.

If you kill a relative of the debtor, for example, when refusing to provide information about the debtor himself, then such actions fall under qualification under Article 119 of the Criminal Code of the Russian Federation.

A threat that is perceived as real to be carried out is criminally punishable (for example, the intention to carry it out comes from the situation, the presence of weapons at the collector).

If a collector threatens a relative with violence or harm to health in order to force the relative to pay off the debt instead of the main debtor and transfer funds to the collector, then, depending on the threatened harm, the situation, the presence of weapons, the collector’s behavior can be classified as assault, robbery or extortion.

With guarantee

Collectors have the right to call and communicate with a relative of the debtor if this relative is a guarantor for the loan.

According to the terms of Article 363 of the Civil Code of the Russian Federation, the guarantor is responsible under the contract:

  • on a par with the debtor;
  • additionally (enters into a relationship when the debtor cannot repay part or all of his debt).

As a general rule, the liability of the guarantor is equal to that of the debtor - joint and several. But the contract may provide for additional (subsidiary) liability. This may also be specified in the law, for example, the guarantor in a shared construction agreement is liable only if the debtor cannot fulfill the obligation.

Therefore, the collector has the right to call relatives-guarantors.

When entering into a loan guarantee relationship, it is important to remember in which case the guarantor becomes obligated to repay the debt for the debtor.

When communicating with a debt collector, it is necessary to find out whether the debt collectors initially applied to the party to the loan agreement for execution.

Legislation

The actions of collectors are regulated by such special regulations as:

  • “On consumer credit (loan)” dated December 21, 2013;
  • “On the protection of the rights and legitimate interests of individuals when carrying out activities to repay overdue debts” dated 07/03/2016.

In addition to special acts, the actions of an employee of a collection agency must not violate the Criminal Code of the Russian Federation and the Code of Administrative Offenses of the Russian Federation.

And any damage they intentionally caused to health or property can be compensated according to the norms of the Civil Code of the Russian Federation.

Where to contact?

If you do not want to communicate with debt collectors regarding your relative’s debts, you should first inform the collector himself about this.

If the calls continue, you should notify the collection agency about the employee’s persistent behavior. It would be a good idea to contact the bank where the loan was issued.

You can complain about the inaction of a collection agency or unwanted actions of the collector himself to the National Collection Agency (NAPKA).

This is permissible if the organization being complained of is a member of this association.

If, during communication, a debt collector expresses threats (of any nature), insults, or behaves inappropriately (uses force, for example), then you should immediately contact the prosecutor’s office, the police, or the Investigative Committee of the Russian Federation for help.

To obtain compensation for all losses (including moral damages), you must file a claim in court.

Filing a complaint

Initially, even in a pre-trial settlement, the actions of the collector are appealed in the order of his subordination - to the head of the collection agency (if the collector is his employee).

Sometimes it is not the debt collection agency's employee who is communicating on behalf of the debt collection agency. The actions of such a “relic of the gangster post-Soviet past” need to be appealed only to law enforcement agencies (the prosecutor's office, the Investigative Committee of the Russian Federation) by sending a statement.

  1. Message addressee. The name of the collection agency must be contained in the power of attorney or certificate of its employee (the collector is obliged to provide such documents to the person with whom he communicates about a specific debt).
  2. Who is the message from (own full name, residential address and contact details).
  3. The essence of the appeal (statement of facts).
  4. Date and signature of the applicant.

To speed up the proceedings, it is worth attaching to the appeal all available evidence of the unlawfulness of the collector’s actions (for example, photos, videos, recordings of conversations, certificates of beatings from the emergency room).

What should I do to stop the harassment?

Collectors with their endless phone calls haunt not only debtors, their friends, relatives and employers. Quite often, their telephone database includes “foreign” numbers belonging to people or organizations who have “never heard of” the debtor. So what should you do if debt collectors call about someone else’s loan? If calls from collectors give you no rest, and requests on the phone “don’t call again!” they are not affected, and calls continue to arrive with some regularity?!

Law on collectors

Since January 1, 2017, the Federal Law “On the protection of the rights and legitimate interests of individuals when carrying out activities to repay overdue debts and on amendments to the Federal Law “On microfinance activities and microfinance organizations” dated 07/03/2016 N 230-FZ, usually called "Law on Collectors".

The law quite clearly regulates the procedure for collecting overdue debts of citizens to Banks and microfinance organizations (MFOs) not related to business activities. From now on, creditors have the right to collect debts on their own, or to engage no more than one collection agency for this purpose. Previously, it often happened that several collection agencies were involved in “knocking out” the debt.

Do debt collectors now have the right to call the debtor?

In accordance with the law, collectors or bank representatives can call:

  • on weekdays from 8 00 to 22 00;
  • on weekends from 9 00 to 20 00;
  • no more than once a day, 2 times a week, 8 times a month.

SMS messages Collectors have the right to send no more often:

  • 2 times a day;
  • 4 times a week;
  • 16 times a month.

Do debt collectors have the right to call work or relatives?

If you provided the contact information of friends, relatives or an employer in the application form when receiving a loan, then collectors or employees of the collection department of a bank or microfinance organization may start calling them when the loan is overdue. Is this legal?


Collectors have the right to call third parties (family members, friends, relatives, neighbors, work) only if you gave your consent when receiving a loan or loan. But even if such consent has taken place (when a person needs money, he often signs everything “without looking”), you have the right to revoke it by sending a written response (refusal) to the creditor by registered mail with acknowledgment of receipt.

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In addition, a person who is being bothered by debt collectors for someone else’s debts can also send his disagreement to interact with them by registered mail with acknowledgment of delivery. This letter is written in any form; you can submit it on our website in the “” section. After receiving this letter, the creditor must stop calling the third party.

Collectors still call. Where to complain?

Unfortunately, the “law on collectors” is still quite young, and it is likely that such letters may remain without a “proper response” from collectors, and calls may continue to come. In this case, you need to file a complaint with the Federal Bailiff Service of Russia. It is the bailiffs who monitor the activities of creditors and collectors when collecting debts. This is very simple to do: go to the official website of the Federal Bailiff Service at the link http://www.fssprus.ru, register on it and send an official complaint through the “Internet reception”, attaching the following documents:

  • A scan of the letter that you sent by mail to the claimant;
  • A postal receipt confirming the sending of the letter;
  • A receipt of delivery, which will be sent to you by mail after the addressee receives your letter;
  • A printout of calls from your phone number, confirming that after the collector (collector) receives your letter, calls continue to be received to your address.

After this, the collectors should be “blown away like the wind”!

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The collectors were tormented with calls. How to get rid of calls from collectors?

If a person is drowning in a debt swamp, then calls from collectors are unlikely to help him get out of it. Rather, on the contrary, a person’s nerves finally give in, and he gives up. There are two legal ways to get rid of calls and visits from debt collectors:

If the loan is overdue for more than 4 months, a citizen has the right to refuse to communicate with collectors by phone and from personal meetings by sending a “refusal to interact” to him by registered mail with acknowledgment of receipt. This procedure is provided for by the Law on Collectors. The form of refusal to interact was approved by order of the Federal Bailiff Service of Russia dated December 28, 2016 No. 822. You can fill out the form on our website in the “

It often happens that collectors begin to terrorize not only the debtor himself, but also his loved ones. Do debt collectors have the right to call the debtor’s relatives? This question arises both for him and for the relatives themselves. Whether you are a borrower who is behind on payments or his relative, reading will be useful, because from the article you will learn in what cases they receive this right, and what to do if debt collectors call relatives. And it is quite possible to stop their calls.

Why do debt collectors call relatives?

A standard loan agreement usually states that banks (and the collectors who have taken on their role in this case) can share personal information about the debt with third parties if the borrower has provided their contact information. This will also be the answer to the question of how collectors find out the numbers of relatives. Most often, by simply opening a loan agreement, the debtor himself may already forget that he indicated them as contacts.

The presence of numbers in contacts gives collectors the right, after receiving a copy of the agreement, to begin calling all the specified numbers at once in order to put pressure on the debtor as much as possible. This is their purpose, and relatives can serve as a good tool. In addition to relatives, friends and colleagues will be among those who will start making calls, and collectors can expand the list, adding even those whom the debtor did not indicate as contacts - but this may already turn out to be a violation.

Calls to the numbers that were indicated are not prohibited by law. Although it is clear that they will spoil the mood of the people they call, especially if they start repeating themselves. If it is unpleasant for the debtor himself to constantly receive calls from collectors, then it is doubly unpleasant for people who have nothing to do with him to constantly talk not even about their debt. Usually callers insist that they want to find a debtor who does not get in touch, but, as practice shows, they usually call the relatives of the debtor in the same way, who himself regularly gets in touch, but refuses to pay.

When do debt collectors have the right to call?

According to the law, collector calls to relatives can occur in three cases:

  • Relative – guarantor or heir of the debtor.
  • His number was left as a contact number.
  • The collector cannot contact the borrower by other means, and therefore calls to find out where he is or to convey a message to him.

Note that in the first case listed, collectors have the right to demand a debt from a relative. So, if you happen to be that same relative, do not be surprised by the calls and do not be indignant.

They are fully justified, and if you received as an inheritance not only your grandfather’s apartment, but also his debt. And okay, if so, and not just the second one. Remember that the inheritance debt can only be waived along with the rest of the inheritance. Collectors are obligated to notify you of its availability as soon as possible, otherwise after six months. When you have already fully entered into the right of inheritance, it will be too late. If by that time the heir has not been informed about the debt, then the debt no longer exists.

With a guarantee, the situation is similar - collectors have every right to demand a refund. Therefore, you should think twice before vouching for someone, and if you vouch for someone, you will have to answer in case the person turned out to be not as reliable as you thought.

In both of these cases, it is recommended not to fight with the collectors, but to try to find a way out of the situation, perhaps even by contacting the bank. Since you are not a persistent defaulter, they may meet you halfway and significantly reduce the amount of fines. And if you pay for the debtor, being his guarantor, then later you can try to recover this money from him through the court.

But even if calls from collectors are completely appropriate, they must be made not at night, because the law prohibits disturbing the sleep of citizens, including the debtor himself, from 22 to 8 o’clock, and from 20 to 9 o’clock on weekends and holidays.

How to stop calls

If we are dealing with the second or third cases, that is, the relative is neither a guarantor nor an heir. And his number was simply left as a contact number, or even this was not done, and the collection agency found him on its own, then the answer to the question of whether collectors can call relatives is still positive - however, only once, in order to find the debtor.

Collectors do not have the right to demand payment from relatives in these cases. Moreover, they do not even have the right to report the amount of debt and other circumstances of the case. All they can do is ask a relative or friend to tell him about the whereabouts of the borrower, or tell him that debt collectors want to contact him and name their contacts.

What options exist for interacting with them if you are the very relative who was called? You can either provide information about the whereabouts of the debtor, or give his number, or ask not to bother you anymore - or both.

But here it is important to understand that, even if you do not give any information about the debtor, the collectors do not have the right to charge you with concealment or anything similar, which they often threaten.

They don’t even have the right to call you again, if you are not directly related to the debt, then all they are allowed to do is make one call. In fact, sometimes they start calling every day, moreover, in some cases, even if you told them everything they wanted (address or number of the debtor), this does not change the situation in any way, because different employees call and ask each time the same thing.

What to do in this case?

  1. Ask for the caller's full name, his position and the name of the agency he represents, as well as the contact information for that company. Then find out which bank he is calling about for a loan. After this, end the conversation and call the bank’s hotline, state the essence of the situation. Before this, you can call the collection agency’s contacts and talk to the authorities. Unlike ordinary employees, if the agency is respectable, they care that they may be complained about, so they can block calls to your number.
  2. Try to explain to the collector again that you no longer need to call, otherwise you will complain to Roskomnadzor.
  3. If this doesn’t help, it’s actually worth complaining to Roskomnadzor. You can also ask your operator to block calls from agency numbers.
  4. Come directly to the bank's office and explain that you have nothing to do with the debtor, and then demand that the calls stop, otherwise you will be forced to contact the prosecutor's office.

Some of these measures will have to have an effect, and the calls will stop. It is possible that an employee who is particularly presumptuous will be fined, although this is unlikely. If you're lucky, they'll stop for good. But maybe the debt will be transferred to another agency, and they will start again. The question of where to complain about debt collectors for calls, and how to file complaints, is discussed in detail in several articles on our website.

You can go the other way by documenting your reluctance to communicate with debt collectors. To do this, either the borrower himself can write an application to cancel the consent of creditors to communicate with third parties, or relatives can write an application to refuse interaction. Both documents are sent to the bank and to the collection agency, and another copy is kept for yourself. These statements will serve as documentary grounds in proceedings before government authorities if the calls continue. A sample statement of refusal to engage is attached to the article.

It can be sent to recipients either by registered mail with acknowledgment of receipt, or through a notary, or in person, with a stamp of acceptance. The main thing is that it is confirmed in one way or another that it was received from the bank and the agency.

How to talk to debt collectors

How you talk to debt collectors who call about your relative's or friend's debt can determine a lot. There are many collection services that try to behave within the bounds of decency, and if you come across this, a calm explanation of the situation should be enough so that they no longer bother you with their calls. In other cases, it may be necessary, on the contrary, to minimize the loss of time communicating with the collector. Therefore, here are some tips on how to behave if collectors call you about a relative’s debt.

Advice one

Tip two

Don't wait long and try to establish contact. If they call you over and over again, simply block the numbers with the help of the operator and complain to the collectors.

Tip three

If collectors start making threats, then the main thing you need to do is try to write everything down. Nowadays, almost every phone has a built-in voice recorder, so you just need to turn it on. If you missed the moment to turn it on, you can then contact the operator who has all the records. If collectors make threats, they are clearly working outside the legal framework, and you should help your relative deal with them with the help of government agencies. Records will be the best help, since your testimony as an interested party will not be enough. And only then you can either file complaints yourself, or contact the relative from whom the debt is being extorted and transfer the materials to him.

But it usually doesn’t come to this, and collectors limit themselves to constantly annoying you. And this is also extremely unpleasant.

If we consider the question of whether collectors can call the debtor at work, it is appropriate to mention Federal Law No. 152. In this case, we are talking about non-disclosure of personal data of citizens without obtaining the prior consent of these people for such actions. In addition, bank secrecy also comes to the aid of bank clients. An attempt to notify the defaulter's employees about the arrears to the bank becomes a violation in both cases. The same point applies to informing the debtor’s management. However, the legislation directly allows conversations with an unscrupulous bank client during business hours. In such circumstances, lawyers talk about the likelihood of a call to the workplace, but with one caveat. Important! The collector has the right only to ask the interlocutor whether the specified person works in a specific organization with a request to hand over the phone.

What to do if debt collectors call relatives?

In fact, this means that the debtor now owes not the bank, but the collectors. It is worth noting that the first thing you need to do is open a loan agreement.


If it contains a clause according to which the bank cannot assign the agreement to third parties, then committing such actions is illegal. What rights do debt collectors have? An organization providing so-called “assistance” to a bank in collecting money from a debtor has the right:

  • make calls to the debtor
  • send information messages via SMS and e-mail
  • communicate with the debtor live
  • send letters to the postal address at your place of residence

Also, the rights of collectors can be expanded if this is specified in the appropriate, clearly worded document signed by the borrower.

Collectors call the debtor at work: do they have the right to do this?

If the debtor's relatives do not act as guarantors for his loan, persistent calls to them by collection companies do not contradict the law. However, you should not attach too much importance to them, much less be afraid of them, since they have no legal force.

This is done most often in cases where the debtor himself does not make contact. Then the collectors try to put pressure on him through people close to him.

If relatives simply do not want to help the bank establish contact with the debtor, they can simply turn off the phone or not answer calls. Moreover, according to the law, collectors have the right to call the debtor’s relatives if they act as guarantors for the loan.


In such cases, the guarantor risks himself, since he shares responsibility with the debtor in case of non-repayment of the loan.

What to do if debt collectors call about someone else's debt

DOC. Fill out the application and send it to the bank and collection agency in one of the following ways:

  • by registered mail with acknowledgment of delivery
  • through a notary
  • hand over the application in person and ask for a stamp confirming acceptance of the application

According to the anti-collection law of 2017, both the bank and the collectors are strictly prohibited from:

  • disclose information about the borrower and his debts at the place of work
  • post information on the Internet
  • distribute printed materials to residential buildings

From all of the above it follows:

  • calls to relatives can be stopped by drawing up a statement and sending it to the bank and collector
  • if collectors leave graffiti on walls or post leaflets in hallways, they should be held responsible for this

Do not forget that the loan will have to be repaid in any case.

What to do if debt collectors call about someone else's debt or loan?

In such cases, many ask the question: “Collectors are calling, what should I do?” Let's try to understand this difficult situation. In this article:

  • 1 Why do debt collectors call me?
  • 2 How to deal with calls from debt collectors on someone else’s loan
  • 3 Collectors call about someone else’s debt and threaten
  • 4 Oh, these collectors

Why are debt collectors calling me? Before we start solving the problem, let's understand the cause.
Typically, collectors prefer to harass citizens who are closely connected by family, work or friendly ties with the debtor. This is done specifically to put moral pressure on him.
More rarely, this happens without any selfish purpose, by mistake. You should also be wary of scammers. Attempts to convince a collection service employee that you are not a borrower are unlikely to be successful.

Interaction of collectors with relatives of the debtor

If they are threatened with murder or physical harm, only filing such a statement will ensure the adoption of prompt response measures, including criminal prosecution. In case of aggressive actions of collectors, insults, threats, etc.

It is advisable to act in a complex of measures.

Important

The same statement or complaint can be addressed to several authorities at once: the FSSP, the prosecutor's office and the police. The appeal can also be sent to NAPCA (national collection association), including electronically - there is a special form on the organization’s website.


The application will be effective if the collectors are members of NAPCA. The list of participants is on the website. Collectors, like the creditor, have no right to demand repayment of debt from relatives.

Attention

If they call, threaten and demand money, there is a high probability that the crime of extortion will be committed. Such criminal cases are initiated and investigated by the Ministry of Internal Affairs.

Do debt collectors have the right to call the debtor’s friends?

Of course, not all debtors want to inform relatives about their financial problems. But if the debtor does not do this, collectors may well do it, regardless of all the statements, complaints and lack of consent.

In a conversation with family members, it is advisable to discuss possible attempts by debt collectors to contact them and warn them not to make contact, clearly expressing disagreement with communication on this topic.

  • If 4 or more months have passed since the delay, the debtor can prepare a written refusal to cooperate regarding the repayment of the debt to the creditor and (or) collectors. This prohibitory measure will prevent any further debt collection actions. If you want to communicate on this topic only with the creditor, refusal to interact can only be addressed to collectors.

How to stop debt collectors calling you on someone else's loan

Therefore, when receiving such a call, the guarantor should not pretend that he is not aware of the matter. This happens if the guarantor’s data is included in the loan agreement without his signature.

However, this almost never happens. The presence of the guarantor when signing the loan agreement is mandatory, as is his signature. It often happens that debt obligations are passed on to relatives by inheritance.

This is possible in the event of the death of a client. However, when calling a relative of a debtor, the debt collector must take into account the fact that the latter may not know anything about the debts of his deceased relative. Such negotiations, even by telephone, are permitted in accordance with the law no earlier than six months after the death of the debtor.

True, most often such issues are resolved in court, and not over the phone.

Not found

Federal Law No. 230, which is aimed at protecting the rights of debtors, does not prohibit interaction with relatives and friends of the borrower. Collectors can call numbers known to them and ask for information about a citizen, but no one is obliged to answer them.

Third parties have the right to object to claims made against them. They are also not obligated to answer phone calls, much less personally interact with debt collectors.

There may be situations when collectors call on a new SIM card and demand to call the previous owner of the number. The concern is related to the debts of the previous subscriber. If you take the problem seriously, you can contact the lender’s office and submit documents that confirm that the number holder is not a debtor on the loan. But you can simply block the numbers of collectors, if there is a technical possibility for this.

Do debt collectors have the right to call relatives? can they intimidate the debtor?

If you find yourself in such a situation, then you’ve probably already noticed that different people call you every time. Most likely, they simply do not have the authority to take you off the list of people who should call you.

That's why the calls continue. How to deal with calls from collectors on someone else's loan The first option, the simplest, is to contact a bank representative. When a collector calls, try to clarify the organization and all the necessary details.

In most cases, the bank will apologize and the calls will stop. If the first method does not help, you should resort to the help of law enforcement agencies. This is the most effective way.
Today, it is advisable for every person to know their rights and responsibilities when contacting a bank to obtain a loan. If it is impossible to repay, the borrower finds himself in an unpleasant situation and involves his relatives in it.

  • General information
  • What to do if debt collectors call relatives?
  • Do they have the right to call the debtor's friends?
  • How to protect yourself from calls?
  • Where to complain?
  • Why is this situation possible?

A collection company is a specific service that carries out a range of work to collect debts incurred after non-payment of bank loans. Collection companies are registered in accordance with the laws adopted in the country. Their functions include ensuring timely repayment of debts, along with accrued interest and penalties.
The bank that issued the problem loan contacts the collection agency in two cases:

  1. when it is necessary to influence the borrower and force him to repay the debt to the bank
  2. the bank decides to “sell the debt” to the agency

In the first case, most often the bank turns to collectors:

  • when the debt is more than six months
  • with a large amount of overdue debt
  • if the borrower ignores letters and calls from the bank
  • if the borrower and the bank were unable to reach an agreement to reduce interest on payments

You need to understand that the bank will never sue the debtor first, since there is a high probability that the court will recognize the need to pay only the debt itself, without taking into account fines and late fees. In the second case, the bank can “sell the debt” to collectors - under an assignment of rights agreement.