The word “collector”, which frightens many of our fellow citizens, translated from English means “collector”. In this case, a person collecting debts. And to be even more precise, he collects from those who, for various reasons, are not particularly eager to return the borrowed money. There are many myths and scary stories around this profession, but in recent years this field of activity has become more and more civilized and understandable. Let's talk about what types of debt collectors there are, what rights they have, and also about how to become a debt collector.

Collector- this is a person who, within the framework of the law, collects debts or conducts negotiations between the bank and the debtor in order to repay loans and other debts.

Both one person and an organization (collection agency) can collect debts on a professional basis, and the second option is more common. The reason is that it is difficult to take and reclaim them from a person who, for whatever reason, does not want to give them back. For this purpose, special psychological (and sometimes physical) technologies have been invented, which are more convenient to use not alone, but with the help of appropriate specialists. Psychologists, analysts, and finally, the threatening type of “power support groups”.

This, by the way, does not mean at all that the main task of the debt collector is to intimidate the debtor. Most often, banks and other organizations (insurers, utility companies, etc.) sell bad debts incurred by people who have neither property nor sufficient income to collection agencies. It is possible to give such a debtor a heart attack, but there will be no real monetary effect from this. Therefore, collectors often act as tough financial consultants. They advise citizens from which institution they can borrow funds, where to get a job, which relatives to ask what to sell to repay the debt.

The textbook image of a collector with a soldering iron in his hand and a set of idiomatic expressions is now rarely seen. Although initially there were many of them. The first collectors in Russia appeared in the early 2000s, and then they were really engaged in intimidation and extorting (including physical) debts from anyone.

Legislative regulation of the activities of collectors began in 2014, and in 2016 the law on collection activities was adopted (“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). According to it, for example, a person with a previous conviction cannot work as a debt collector.

Banks are reluctant to work with single collectors, especially if it is not about selling debts, but about cooperation under an agency agreement. In addition, a large part of debt collection work is the collection and analysis of information about the debtor. Therefore, most often, debtors are pestered by representatives of collection agencies - organizations that deal with the entire range of actions to collect money.

There are three types of collection agencies:

1 Cooperate with the bank under an agency agreement for a percentage of the collected amounts. Typically the agency fee reaches 25%.

2 Exist as divisions of banks. In recent years, this has rarely happened, and even before, collectors were most often hired by retail banks with a high percentage of approvals for questionable loans. Most of these credit institutions have long since died in Bose.

3 They buy out entire packages of problem debts from banks at a significant discount (up to 50% of the real value) under an assignment agreement (instead of the bank, the borrower ends up owing to the collection agency). Then he collects debts in every possible way. It is in this category, by the way, that the majority of “black collectors” remaining on the market fall into, for whom the law adopted in 2016 was not written.

In addition to the debt collectors themselves, the collection agency usually has a lawyer on its staff (one or more, depending on the size of the organization). Often, collectors have to deal with the complex ownership structure of companies in which the debtor participates, as well as recommend actions to the latter that involve the need to sell the property. In this case, you simply cannot do without a lawyer. A legal adviser is also necessary in the process of an agency acquiring bank debts.

In addition, the staff may include an office manager, psychologist, financial analyst, accountant and other specialists. Former employees of law enforcement agencies - the Ministry of Internal Affairs, the Department of Economic Crimes, etc. - are usually hired as the main personnel. They do not hesitate to communicate harshly with clients.

By law, the number of a collection agency should not be less than three people. There is no maximum staff size limit.

What rights do debt collectors have?

According to the law, collectors have the right to establish contact with the debtor by any means. This means that the collector can use any information he has about the whereabouts of the debtor. Phone numbers (including those of relatives and friends), addresses, social media accounts, places of work, and so on - all this can be used to establish contact with a person who is behind on debt payments.

After finding out this information, collectors have the right to:

• Send SMS messages to the debtor about the existence of a debt and the need to repay it. At the same time, insults are unacceptable.
• Send letters to the debtor by regular mail and e-mail with information about the debt and an offer to return the money. The text must also be within the bounds of decency established by the laws of the Russian Federation.
• Call the debtor on existing telephone numbers no more than twice a week, once a day or eight times a month and report the existence of a debt, and also insist on its return. You cannot call before 8 a.m. on weekdays and 9 a.m. on weekends. In the evening, call times are limited to 21.00 and 22.00 respectively.

They can also call the debtor’s relatives in cases where they are guarantors for the loan.

• Meet with the debtor in person at the same time intervals no more than once a week. At the same time, no physical interaction is allowed - only conversations. A citizen has the right to refuse to meet with a debt collector or to communicate with him through his representative.

Collectors have the right to sue the debtor to recover money or property from him. However, in reality this rarely happens, because if there is something to collect from a person, the banks file a claim long before the debt is sold to collectors. And if there is nothing to take or the documents on the debt are “raw,” then no one will waste time on litigation.

The law clearly defines the limits of actions of collectors, beyond which they cannot go. Here's what debt collectors are prohibited from:

• Invade the debtor's home without permission.
• Threaten the debtor, his family, acquaintances, colleagues, and so on.
• Cause damage to the property of the debtor, as well as third parties (for example, painting walls in the entrances with threats against the debtor).
• Contact minors or incompetent (including disabled) debtors or relatives of the debtor in any way (including those permitted by law).
• Call the debtor's colleagues. Collectors often ignore this point, but the law prohibits the disclosure of personal data, which includes information about the financial condition of citizens. Another thing is that it is not easy to draw a clear line between informing the violator’s colleagues about his debt and disclosing information about financial insolvency.
• Describe the property. Some debt collectors abuse the lack of awareness, especially among older citizens, about their rights and, for “preventive purposes,” during personal visits, make a list of things in the apartment. Only bailiffs have the right to do this within the framework of a court decision.

In order not to rely on his wishes, collectors resort to various tricks - for example, they come to the debtor at work, from where he cannot escape, even if he wants to. The conversation usually turns out to be very tough and is accompanied by a demand to immediately sell the existing property and repay the debt. Also at this stage, collectors call loan guarantors and tell horror stories about what happens to those who do not pay their obligations.

Stage 3. Collection in court.

The duties of the collector include preparing documents for the debtor for submission to the court. Among them are the final calculation of the debt, taking into account all penalties and fines, and the generation of reports. Using this information, claims are drawn up in court. It rarely reaches the third stage: if the debtor has property, collectors usually “convince” it to sell it to repay the debt in the first or second stages.

An example of a collection “script” (scenario) of a conversation. Click on the block name to expand the text:

First block - survey

Claimant. Hello. Are you Alexey Petrovich Ivanov?

Debtor. Yes it's me.

Claimant. I'm from the collection agency "Horns and Legs". My name is Petrov Ivan Sidorovich. According to loan agreement No. 35 and information from Oguretsbank, you have a debt of 150,000 rubles overdue for 3 months. Do you know about this?

Debtor. I can't pay now. I lost my job, I only have enough money for food, I have a small child.

Claimant. Wait. First, let's clarify your contact information. Give your mobile number.

Debtor. 8 111 2222

Claimant. Home phone?

Debtor. You understand, I can’t pay now, I have no money, this conversation will lead nowhere.

Claimant. Wait. Who do you live with?

Debtor. With mother, wife and child.

Claimant. Work phone?

Debtor. Why do you need this?

Claimant. So does he exist or not? Or do you just not want to pay?

Debtor. I'm not working right now.

Claimant. At all? Are you sitting at home?

Debtor. I'm looking for a job.

The second block is obtaining consent for payment

Claimant. Are you going to repay the loan? Or did they take it so as not to give it back?

Debtor. I will, of course. It's just not possible right now.

Claimant. Do you think the bank forgot about its money?

Debtor. No. I’m telling you: if I find a job, I’ll give it to you.

Claimant. You have made a contract. The bank won't wait. I can’t see from here whether you’re looking for a job or hanging out with the bank’s money. The money must be returned. The bank will take them anyway - it always takes them from everyone. Only if you don't give it now, you will have more problems. Therefore, now I need to decide whether you will repay the debt voluntarily or whether I need to start the forced collection procedure. Will you voluntarily repay or sell your property through the court for repayment?

Debtor. Of course, voluntarily.

Claimant. When?

Debtor. As soon as I get a job.

Third block – offering payment options

Claimant. You've been getting settled for three months now. You live dependent on your wife. Did I understand correctly that her job is the only source of income for your family?

Debtor. Well, I sometimes work part-time, but that’s not enough. It seems like something is starting to hatch.

Claimant. Are you trying to deceive me now? Are you hoping for a reprieve? Will not work. The longer you wait to return, the sooner you will create a lot of problems for yourself and your family. And only you will be to blame for them.

Debtor. What should I do?

Claimant. I have many clients. Almost everyone has problems. But they solve them. They find work, sell cars, property, borrow from friends and acquaintances, rent out apartments. And you don't do anything. And you hope that the bank will forget about you.

Debtor. I say: I’m looking for a job, as soon as I find it, I’ll start paying immediately, I’m an honest person.

Claimant. I can't see from here whether you're honest or not. You don't pay or try to find money. After 30 days, the bank will send the documents to the court. You need to hurry now. Look for ways to repay, preferably in full. Otherwise, you will wait for the bailiffs to wake your children up in the morning. They will trample in your apartment. Neighbors will be called as witnesses. Is this what you want to wait for?

Debtor. No. I will try.

Claimant. I told you where other people get money. Either you start actively looking for money, or wait for problems. Big problems. I'm not saying goodbye.

This market segment, after the adoption of the law on regulation of collection activities, was finally forced out of the legal space and is now a type of fraud or extortion.

"Black Collectors" usually associated with various semi-legal purchases, pseudo-pawnshops and microloan offices. There, citizens who are obviously insolvent (but have valuable property - for example, real estate) are convinced to borrow money, charge crazy interest rates on them, and then “set” debt collectors on people who are in debt. The task of these “specialists” is, if possible, to deprive the debtor of valuable property. Through intimidation or even violence.

"Grey Collectors" are not directly associated with crime, but do not shy away from illegal methods, trying to collect bank or other “legal” debts. The press writes about them, telling terrible stories about children of debtors scared to death by threats, about apartment locks filled with foam, about entrances painted with obscene phrases about debt-ridden residents, about beaten fathers of families.

You can distinguish unscrupulous debt collectors by the following characteristics:

• They do not comply with the requirements of the law (in terms of the number of calls, the content of conversations, etc.);
• They refuse to show documents and identify themselves;
• Attribute other people's functions to themselves (try to describe property, use violence);
• They don’t try to come to an agreement, they immediately turn to threats.

How to communicate with a debt collector

First of all, understand that a debt collector is not a bank employee. For him, you are a person who deliberately does not pay his obligations. During training, each collector is provided with a so-called script - a script for a conversation with a debtor.

There are different people among debt collectors. Most people don't bother thinking deeply about the nature of debt. They strictly follow the script, asking the same questions and mechanically recording the answers. Therefore, shouting at the collector, scolding him or sending him to hell is pointless, he will simply write down your answer, comment sternly on it and ask the next question. In the same way, it makes no sense to ask to “get into position.” A collector is a hired employee, he has his own responsibilities. He cannot postpone the repayment period. He is theoretically capable of listening to your tearful pleas, but he has 100 people like you. Listening to everyone can drive you crazy. Therefore, if you start demanding that the collector stop bothering you and wait, he will simply ask you again when you pay.

Here are some useful tips for normal communication with debt collectors:

1 It’s better to pick up the phone. The collector, by default, assumes that you are a willful defaulter, and if you still refuse to talk, the debt collector immediately moves on to the hard option: he comes to visit, to work, etc.

2 If there are objective reasons for non-payment of a debt, it is better to tell about them immediately (briefly and to the point): they were fired from work, a relative fell ill (they had to pay a lot of money for treatment), their apartment was robbed, etc. Then the collector will press less and offer more. True, this does not work for everyone. Some debt collectors listen, record, demand immediate payment, and ask the next scripted question.

3 No need to deceive the collector. Yes, he doesn’t believe you initially. However, if you said that you would pay by Saturday, and on Saturday you stopped answering the phone, you will not have to expect anything good from the debt collector in the future. The conversation will be more rude, and the collector will be more persistent.

What to do if a debt collector threatens?

The line between a harsh warning and a threat is difficult to draw. However, using the following table, you can distinguish the legal behavior of a debt collector from the illegal:

Collector threatens	Collector warns
Pay back the debt tomorrow, or we’ll break our arm and say that’s what happened.	Every day you receive penalties; by the end of the year you will owe not 200 thousand, but half a million.
Aren't you afraid for your son, he goes home from school alone?	We will call constantly, and we will never get tired - until you pay.
Let's tell your daughter's classmates about your debts, they will laugh at her.	If you don’t pay, we will file a lawsuit, you will have to pay a bunch of fines and penalties in addition to the main debt.
Your husband will be met at the entrance by some people with brass knuckles.	The court can deprive you of all your property for debts
Go out, read, there is something interesting written about you at the entrance, the neighbors have already read it.	For debts, you can be evicted from your apartment in court

But how to act if the collector threatens and does not warn?

Unlike the old days, now collectors usually respond to serious threats on the third or fourth call. Most often they threaten to influence children and disclose information about the debt. Don't forget that the conversation is being recorded, so there is no need to be rude in response. If technically possible, record the conversation yourself. Specify the name of the collector and the name of the agency. Check the amount of your debt and the period of overdue. As soon as the other person starts insulting you, tell him that the conversation is being recorded (this can be done even if you are not actually recording anything). It is better to hang up only if the collector refuses to introduce himself.

You can contact law enforcement agencies with the recording (or without it). At the same time, you need to understand that the presence of a debt is in no way connected with the fact of insult and does not justify it. The human rights of a debtor are exactly the same as those of a creditor. The legislation provides for several articles under which you can file a claim against a debt collector who abuses threats:

• “Threat of murder or infliction of grievous bodily harm” (Article 119 of the Criminal Code of the Russian Federation).
• “Extortion” (Article 163 of the Criminal Code of the Russian Federation).
• “Violation of privacy” (Article 137 of the Criminal Code of the Russian Federation).

But keep in mind that it will be very difficult to prove the seriousness of the threats.

It is more effective to write complaints to Rospotrebnadzor, the prosecutor’s office at your place of residence and the National Association of Professional Collection Agencies, indicating the dates and content of the threats. You can ask the operator to block the collector’s number only after submitting the mentioned complaints. However, there is not much point in blocking: every self-respecting collector has several phone numbers.

Threats in person

The collector has the right to meet with the debtor no more than once a week. Communication should take place without the involvement of strangers (unless, of course, the debtor himself wants neighbors or colleagues to stand nearby and listen).

The options for a personal conversation with a threatening debt collector are:

• Do not open the door, talk through it. In this case, it is advisable to record the conversation on a voice recorder (for example, a telephone recorder). First ask your neighbors to listen too and then, if necessary, become witnesses.
• Talking on the landing. This option is suitable if the debtor is not trying to hide anything from the neighbors. The collector is unlikely to seriously threaten, risking being heard by dozens of people.
• Have a conversation in the apartment, turning on the recorder. This is the least acceptable option, because if the collector decides, so to speak, to move from words to deeds, it will be difficult to appeal to others. If possible, ask relatives or neighbors to call the police at the first sound of a fight. Do the same if visitors decide to take or damage your property. Collectors have no rights to do this; only bailiffs can describe things by court decision.

In all cases, be sure to ask the collector to show your passport (you can demonstratively rewrite the data), as well as a copy of the assignment agreement (if the bank sold your debt to collectors) or an agency agreement.

If a collector comes at you because of a debt to which you have nothing to do (this often happens), inform him about it in the correct form, explain the reasons - for example, you bought a SIM card, which, apparently, previously belonged to the debtor , or the apartment where he used to live. If the threats continue, do not hesitate to call the police. In addition, an effective way would be to file a complaint with Rospotrebnadzor, the prosecutor's office, the already mentioned National Association of Professional Collection Agencies (NAPKA), as well as. See below for how to write such complaints.

Read also:

Is it worth contacting anti-collectors?

Anti-collector- this is not the antithesis of debt collectors, but a lawyer who helps the debtor protect his rights, reducing payments if possible. The interest of such a lawyer is the opportunity to earn a percentage of the amount of the debt written off.

Such specialists are especially willing to take on situations in which a relatively small debt has accumulated into a huge debt due to the creditor’s tricks, various fines and penalties. For example, for a long time, crazy penalties, fines, and penalties were accrued, the amount of which is easy to challenge in court. This is especially true for microloans.

A man borrowed 30,000 rubles from a bank, and after a couple of years of non-payments, 300,000 came up; this is exactly the amount that collectors demand from the debtor, although it contradicts the current legislation on microloans. Collectors do not delve into such subtleties; their task is to obtain the required amount, and not to figure out where it came from (although really serious agencies understand and offer the debtor options). Anti-collectors sue creditors, win cases and receive a significant amount from a happy client (who only has to repay the loan body without accrued penalties). Agree, paying an anti-collector 100,000 is better than paying a collector 300,000.

The strategy of anti-collectors is simple: immediately sue and protest the amount of the debt. The trouble is that among such specialists the percentage of scammers is very high. Having promised the client three boxes and received an advance payment for their services, some anti-collectors simply let the process take its course and leave the debtor with unreduced debts and without money.

You can distinguish a fraudster or simply a low-skilled anti-collector from a normal lawyer by the type of agreement concluded. The swindler tries to take on a minimum of responsibility. For example, he undertakes to submit documents to the court, but is not responsible for the results of the proceedings. The methods of persuading the client are simple: the fake anti-collector claims that it is more profitable for the debtor to pay a fixed amount right away, rather than later lose a percentage of the written off debt. In addition, serious anti-collectors never undertake to work with a small amount - it is simply not profitable for them. Therefore, if they try to help you with a debt of 50,000 rubles for only 5,000, this is most likely a scam.

Before contacting anti-collectors, collect information about them - from reviews on the Internet, for example. Blindly establishing contacts with such specialists is risky.

How to become a collector

After the activities of collectors received legislative registration, this profession became much more attractive. In 2017, in the Russian Federation, according to the Federal Tax Service, about half a million organizations indicated “collection services” as one of the types of activity when registering. About one and a half hundred professional collection agencies are officially registered in accordance with the new law, and this number is increasing every month. The demand for truly qualified employees is also growing.

The main work of a collector is constant conversations with debtors. Not sincere, but rather tough, sometimes rude. At the same time, it is necessary to be able to competently talk about the existence and composition of the debt, offer possible repayment options, and explain the legal consequences of non-payment. You also need to not be afraid of conflict situations and be able to resolve them.

In addition, the duties of the collector include the following functions:

• Collection of information about the debtor within the framework of the law;
• A full range of work with overdue debts (calculation of amounts and terms, informing the debtor, preparing a package of documents for submission to the court);
• Preparation of financial reports for debtor clients

Who can become a collector

There are not many collectors with many years of experience in this profession, so most often candidates are selected from related fields. The requirements are something like this:

1 Education

Legal, economic, military, pedagogical, psychological. Preference is given to those who have graduated from universities in specialties related to work in law enforcement agencies. Also a plus will be completed courses for collectors - these are now organized at large collection agencies (for example, FASP) or in specialized training centers (for example, DA.Collection).

2 experience

The best option is an employee of the debt collection department in any bank. Other former employees of banks and law enforcement agencies are also in demand. They willingly hire stress-resistant callers from any field (with a legal or economic education).

3 Skills

Firstly, of course, communication skills are extremely important. If you are afraid to talk to people or don't like it, there is no point in going to debt collectors. At the same time, the candidate must have a low level of empathy. If you feel sorry for every debtor, you will quickly fall into this category yourself, left without income (read about collectors’ salaries below). The ideal option is to have the skills to communicate firmly with antisocial elements or with disloyal clients.

Skills in using various computer programs and Internet sites are important. In particular, reference and legal systems, databases, services of government bodies (Federal Tax Service, Federal Bailiff Service and others).

Knowledge of general accounting principles. It is clear that specialists will understand the intricacies of corporate intricacies (if the debtor owns large assets), but if we are talking about an ordinary debtor who was fired from work, the collector must be able to calculate his debt.

In the capitals, knowledge of foreign languages ​​will be a big plus. Moreover, if a collector can speak the languages ​​of the peoples of Central Asia or the North Caucasus, he simply won’t be worth it. But English at Intermediate level and above is also considered a good option.

Mobility is considered an important skill: the work of a debt collector involves traveling, and sometimes the debtor has to be caught in the most unexpected places.

Collector's income

The amount the debt collector receives depends on the agency and the contractual relationship with the debtors. Typically, the debt collection specialist is paid a fixed salary plus a percentage of the debt collected (from 5% to 30%). The difficulties of the profession include the difficulty of predicting the receipt of a variable part of the salary.

Career prospects for a collector

An ordinary debt collector in an agency can rise to the head of the early or late collection department or to the head of the legal service. The next stage is the head of the collection service.

Applicants with experience in collection work are readily employed by banks, detective agencies, and legal services of large retail companies. Also, people with such experience in tough communications as collectors have good prospects in sales.

Let's sum it up

The profession of a collector for Russian society is gradually ceasing to be something frightening with an illegal scent. The activities of collectors are within the scope of the law. However, there is still a great chance to stumble upon “gray” or even “black” pseudo-specialists. To prevent this from happening, try not to take out loans if there is even the slightest doubt about your ability to repay them. Create financial safety nets. Stay away from microloan offices, or at least.

For those who happen to meet, there is only one piece of advice: don’t be afraid. Honest debt collectors are not dangerous, although communication with them is unpleasant (but this is your own fault - there is no need to accumulate debts). And dishonest people can be dealt with with the help of the police.

Those who want to become collectors themselves must be prepared for complex psychological conflicts. Driven into a corner, debtors often take out their anger on the debt collectors. People with a fine mental organization have nothing to gain from this profession. Everyone else needs to remember that the end does not always justify the means, and excessive rigidity is not a guarantee of repayment of the debt.

Maxim Demchenko

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The activities of collection agencies are regulated by Federal Law No. 230 “On the protection of the rights and legitimate interests of individuals when carrying out debt collection activities.” Knowledge of the law and up-to-date information about common methods of work of collectors will help borrowers to successfully resist debt collectors and not succumb to their provocations.

A collection agency is an organization that carries out a set of measures and actions aimed at debt recovery. A collector is an intermediary between a banking organization and a client. Loan debt collection occurs in three stages.

Soft-collection

The collector informs the client that he needs to pay the overdue debt without meeting him. He can call back, send an SMS notification, report this via email or social networks.

Hard-collection

The collector contacts the debtor directly, visiting him at his residence or registration address. Notices and notices may be served by mail. The creditor establishes the reason for the delay and, together with the borrower, searches for solutions to the problem.

Legal-collection

Final stage. The collector sends the case to court, where the future fate of the debtor will be determined.

Types of collectors

There are two types of collection agencies, depending on the specifics of working with the debtor.

Buying back debt

Banks can turn to collectors and sell the borrower's debt. In this case, the borrower must return the money to the collector, and not to the bank, under the same conditions.

Non-repaying debts

This category includes collection agencies that the creditor contacts, as well as specialized divisions of the bank for debt collection. The bank collector is working on a joint search for solutions to the problem.

Legal basis for the activities of collection agencies

Federal Law No. 230 “On the protection of the rights and legitimate interests of individuals when carrying out debt collection activities” was adopted on July 3, 2016 by the President of Russia. The legislative act regulates the specifics of regulation and description of actions related to the threat of violation of the rights of clients who are late on loan payments. The responsibilities of collectors and the sequence of the procedure for returning funds are established with the most favorable conditions for each of the parties.

Federal Law No. 230 consists of 22 articles regulating the work rules of the collector, establishing rights and responsibilities for violations.

Rights of collectors according to current legislation

Creditors use a third party (a collection agency) to collect debts. Collectors must fully comply with the requirements established by applicable law. Federal Law 230 regulates the following rights:

• providing accurate and truthful information about the existence of debt;
• conducting individual work with borrowers regarding payment planning;
• sending text messages via email and telephone;
• making calls in the quantity required by law (no more than eight calls per month);
• appointment of personal meetings - once a week;
• termination of work with the debtor if he has paid off the loan debt.

Now debt collectors have no right to call at night.

In 2018, changes were made to Federal Law-230. This video explains this in more detail:

Can the debtor be sued?

A collection agency can go to court only if the debtor has insulted the honor and dignity of its employees. In other cases, only the organization that issued the loan has the right to repay the unpaid debt through the courts. This possibility is provided for by the norms of Federal Law No. 395-1, namely, Articles 33 and 27. Refund through the court is also allowed under Art. 388 Civil Code of the Russian Federation.

Fraudulent debt collection schemes

As a rule, it is very problematic to agree with debtors on the return of money. To increase the effectiveness of their activities, collection agencies may resort to dishonest methods, using long-established schemes.

Black collectors - who are they?

Black collectors are small organizations, the number of which usually does not exceed 10 people, most of whom are former representatives of law enforcement agencies. Banks turn to them for help when a client has a large debt that cannot be collected legally. They are called “black” because they can resort to the most severe illegal measures.

Prohibited tricks of scammers - how debt collectors break the law

Very often, debtors complain about violations of their rights provided for by law. For example, agency employees resort to the following illegal actions:

• They threaten to use force or exert physical force. This is prohibited by Federal Law-230.
• Cause harm to debtors. It can be physical, psychological, career (when an employer receives false information about its employee), or property.
• Damage or destroy private property. For example, they puncture tires on a car, break windows in an apartment.
• They exert psychological pressure - they threaten with violence and other negative consequences.
• They call at night. During the period from 22:00 to 8:00, calls regarding debt repayment are prohibited by law.
• Too common. It is prohibited to visit the debtor more than once a week.
• Mislead the client or those around him. For example, they say that the debtor has already been sued, that this could end very badly, and so on.

If debt collectors violate the law, the borrower has the right to go to court.

How can a debtor protect himself?

On the one hand, communicating with debt collectors causes fear. But if a person understands the laws and is aware of his own rights, he can easily defend his interests.

Basic rules for communicating with debt collectors

When a debt collector calls, it is important to switch to “indifference mode”, conduct a calm dialogue, and not show your excitement. Collectors tend to put pressure on the psyche - in response, you should give clear answers.

Preparing for the conversation

It is important to familiarize yourself with frequently asked questions in advance. This will make you feel more confident and easily neutralize the arguments of collectors.

Request that the debt collector identify himself

If he has not done this himself, you need to ask him to provide all the information:

• name of the collection agency;
• position held;
• reasons for making a telephone call.

If you receive a refusal, you can safely hang up, warning the collector that the information will not be provided to an unknown person.

Typical answer scheme

Employees of a collection organization responsible for maintaining a dialogue with clients contact them using pre-prepared templates. Therefore, each question should be answered with a template short answer.

Calm explanation of the reason for the delay

It is enough to explain it just once. The collector, as a rule, is not interested in these arguments, because his main goal is to quickly receive payment in a short time. For systematic calls, it is enough to say that the reason has already been indicated and nothing has changed since then.

Recording a conversation

This is very useful because the collection agency may violate the law by using illegal measures of physical and psychological pressure.

1. When meeting in person, you should turn on your phone camera or voice recorder.
2. In the case of a telephone conversation, use a voice recorder or special applications to record calls.

If the debtor has received threats from a debt collector, the recording of the conversation can be used by the debtor in court as evidence.

Promise to go to court

Collectors are not interested in legal proceedings, since they themselves commit violations for which they may be punished. There is no need to listen to arguments that working through the courts will lead to even more serious consequences. On the contrary, the judge records the existence of a debt, after which the client has the opportunity to reduce the fine and penalty.

What to do if threatened

When receiving threats, it is imperative to record violations. Next, you need to seek help from a local court or file a statement at the police station.

For violation of the rules governing the principles of interaction with debtors, the collection agency is responsible.

Who are “Anti-collectors” and when should you contact them?

The anti-collection organization provides assistance to clients who have encountered violations of the law by the debt collector. The list of basic services includes the following:

1. Individual consultation and study of case materials.
2. Protecting the client’s interests in court and other state or municipal institutions.
3. Organization of work with a collection agency, commercial bank and insurance company.
4. Preparation of a package of necessary documents.
5. Getting a deferment.
6. Search for alternative options for resolving a conflict situation.
7. Assistance in debt restructuring or refinancing.

The employees of the anti-collection company are well versed in the law, so they help resolve problematic situations.

International practice

In Europe and the USA, the activities of collection agencies are strictly regulated at the legislative level. Each such company must have a license - this is not always the case here. Russian debt collectors can disguise themselves as companies that legally have nothing to do with the services they provide. For violations related to psychological and physical pressure on the borrower, in America and Europe you will have to answer harshly - pay a large fine or go to prison (applies to both managers and the order executors themselves).

Real experience of debtors

Here are the reviews borrowers leave about debt collectors on the Internet:

Alexander, Moscow

My debt amounted to 12 thousand rubles - I couldn’t pay on time because I was treated for 3 months after a pelvic fracture. No one wanted to pay attention to my condition - they called almost every day. I had to borrow money from friends so that these extortionists would not bother me anymore.

Igor, St. Petersburg

I just laughed every time I called. Whatever excuses they came up with, they said that they would fire me from my job, put me in prison for 5 years, and take away my apartment and car. One day my patience ran out - I said that if they continue to threaten me, I will go to court, handing over all the phone records of the calls. Now they seem to have calmed down.

Alesya, Ekaterinburg

These collectors constantly threaten, hint at violence, and threaten to ruin my life if I don’t pay off the debt. Moreover, they are not even embarrassed by the fact that after a month of delay I have already made payments 3 times in 3 weeks. I don’t know if I should contact a lawyer or something.

The best way to avoid dealing with debt collectors is to make timely loan payments. If this is not possible, you can use legal methods to solve the problem. Among them are debt restructuring and turning to anti-collectors.

By definition, debt collectors are employees of collection agencies that collect overdue debts. These are the people whom bankers scare when the first loan delays occur: “If you do not pay the debt by the 25th, we will transfer your debt to collectors...”.

Since January 1, 2017, the activities of collection agencies are regulated by Federal Law 230-FZ “On the protection of the rights and legitimate interests of individuals when carrying out activities to return overdue debts” (in common parlance - the Law on Collectors). According to this law, collection agencies must be included in a special register, and their activities are strictly regulated by law. The register is maintained by the Federal Bailiff Service of Russia; it is available on the Internet at: http://fssprus.ru/gosreestr_jurlic/. The functions of monitoring the activities of collectors are also assigned to the FSSP of Russia.

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Why do banks have to turn to collection agencies?

• Firstly, small banks cannot afford to maintain a professional collection service.
• Secondly, in case of long delays, more stringent collection methods are required, which many banks cannot afford, because this will affect their reputation.
• Third, when contacting collectors, the bank gets rid of problem assets in the form of overdue loans, because when the first loan delays occur, the bank (by law) is obliged to reserve funds for your loan in the Central Bank. Once the debt is sold, this reserve is released. Also, the real percentage of overdue debt negatively affects the value of the bank's shares, so by selling bad debts, banks paint a more beautiful picture for shareholders and investors.

For these reasons, many banks allocate their collection service to a separate organization - a collection agency, and sell debts to it “on credit”.

So who are collectors and should we be so afraid of them?

1 myth

Collectors are “brothers with irons and bits” who will do anything to collect a debt

This is wrong. Often, behind a menacing voice on the phone there can be a student who has gotten a part-time job, or simply a person offended by life who has not found another job and is forced to tell you nasty things using a given set of standard phrases. All their rights under the law are informing clients about the amount of overdue debt and receiving information about the timing and amount of the next payment from you. Collectors can call and come only from 8 a.m. to 10 p.m. on weekdays and from 9 a.m. to 8 p.m. on weekends. In addition, collectors will be able to “visit” no more than once a week, and call no more than once a day, with no more than two calls per week. You cannot call if a person is being treated in a hospital.

Get out of your head the image of a debt collector beating out money with bats or a hot iron. Yes, there have been a couple of cases in our huge country when debt collectors caused physical harm to a debtor. But the risk here is the same as brushing your shoulder with a scumbag on the street and getting it for nothing. Well, if collectors do come to you and threaten you without introducing themselves, feel free to call the police with the words “unknown people came to me, they threaten me and demand money.” Don’t worry in vain, after the police arrive the problem will resolve itself along with the collectors.

2 myth

Collectors will come and take all your property

Collectors can undoubtedly come to you at the address specified in the loan agreement, but in fact this happens extremely rarely when, for example, they cannot contact you by phone for a long time. But they have no right to enter the apartment without your consent and, moreover, to describe or remove anything there. Only bailiffs can enter a home and make an inventory and seize property and only by a court decision. It must be taken into account that sometimes particularly advanced collectors like to pass themselves off as bailiffs. Some collection agencies even had similar names: “Bailiff”, “National Collection Service”, etc. Therefore, if the person at the door says: “Hello. Bailiff Service”, open it, ask for a service ID and make sure that the seal is stamped “Federal Bailiff Service”, not LLC, JSC, PJSC, etc. And also demand a writ of execution on the basis of which they came to carry out enforcement actions. You can check the existence of enforcement proceedings initiated against you in the database of enforcement proceedings.

3 myth

Collectors will prosecute you

In letters or calls from collectors before the law on collectors came into force, one could see (hear) references to articles of the criminal code 159, 177, 312, etc. The legislator prohibited the use of such tricks. And if in the depths of your soul you are tormented by doubts: “Will I be held criminally liable for non-repayment of the loan?” Please know that if you did not provide knowingly false information when receiving a loan, if you made payments on this loan and stopped paying due to some life circumstances, then no one will be able to hold you criminally liable for non-payment of the loan.

Read more about criminal liability for non-payment of a loan in our article “”. By the way, you yourself can attract very arrogant collectors under the articles “Hooliganism”, “Extortion”, “Dissemination of personal data” in case of incorrect behavior on their part, or you can always write a complaint about the incorrect actions of collectors on the website of the Federal Bailiff Service (http ://www.fssprus.ru/).

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These are myths and reality! Debt collection in Russia has become more civilized since the law on debt collectors was in place. Now, the majority of collection agencies and representatives of microfinance organizations (MFOs), having received confirmation of the introduction of bankruptcy proceedings against the debtor, as required by law, stop calling and writing SMS messages.

From our practice

We have clients whose number of microfinance lenders exceeds 50! And even to them, 1-2 months after the introduction of the bankruptcy procedure, the calls almost completely stopped. At first, it is very unusual for our clients when the phone goes silent due to calls from collectors. The most common question at this stage: “It’s suspicious that no one is calling me. They're probably up to something..." In reality, creditors and debt collectors are simply complying with the law.

How can you “tie the hands” of collectors as much as possible?

In conclusion, we would like to give you some advice in case you understand that communication with debt collectors cannot be avoided:

• Close access to your personal page on social networks. This will allow you and your social network to avoid unflattering messages.
• Revoke your consent to interact with third parties. Most likely, when concluding a credit agreement or loan agreement, you signed an agreement to interact with third parties. You have the right to revoke it at any time.
• If the delay exceeds 4 months, refuse to communicate with debt collectors. The “Law on Collectors” allows you to refuse to communicate with creditors and their representatives (collectors) if the delay exceeds 4 months. To do this, a special document is filled out in a form approved by the Federal Bailiff Service and sent to the collectors by registered mail with acknowledgment of delivery to the addressee.

Bankruptcy of an individual is the fastest and most reliable way to get rid of debts and collectors! True, there are contraindications...

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The 3 tips listed above partially solve problems with debt collectors, but do not at all solve problems with debts that continue to grow. Sooner or later the debts will be “judged” and they will be collected by the bailiff service. Unlike collectors, bailiffs are vested with a much wider range of powers. We advise you not to wait for “sea weather”, but to start taking action. We have helped hundreds of people get rid of debt completely, and most likely we can help you too (). From the moment of concluding an agreement with us for the provision of bankruptcy services for an individual until the introduction of bankruptcy proceedings, about 2-3 months pass. Immediately after the conclusion of the agreement, if necessary, we prepare and send to creditors demands for termination of interaction with third parties, refusal to interact, or an application for declaring you bankrupt and a notice of the introduction of bankruptcy proceedings against you. Take advantage of your legal right to “write off” unsustainable debts and leave the dark streak of your life behind. Specialists of the project “Dolgam. No" are ready to help you with this! Bankruptcy of individuals and individual entrepreneurs is our specialization. For free legal advice, call:

Stories about debt collection are replete with creepy details: apartment doors covered in writing, annoying calls at night, arson, persecution, beatings. Despite the fact that the activities of collectors have been quite seriously limited, such cases still occur quite regularly. Let's figure out who collectors are, what they have the right to and what to do if they exceed their powers.

Collectors are bandits who collect debts? No!

This was the case in the 90s, but since then the market has become more civilized, and official collection agencies have appeared that have the right to collect debts. Foreign practice shows that the work of collection agencies is one of the most effective ways to recover problem debt. As a rule, collectors buy your debt (this is called an assignment of claim or assignment) and completely take over the work of returning it.

In Russia, the first collection agencies appeared in 2004. They must be included in the register, which is maintained on the FSSP website and is constantly updated - now there are more than two hundred agencies in it.

Despite their official status, the interaction of collectors with debtors in Russia sometimes really goes beyond all limits: they pour glue on locks, throw Molotov cocktails at windows and organize pogroms in entrances.

Utility companies, who extract debts from residents, are also not lagging behind. Recently, in Samara, a utility company staged a “debt raid” with door-to-door visits, public address announcements, a motorcycle rally under the motto “Samara is a debt-free territory,” and the installation of a three-ton “pyramid of shame” in front of the house of the worst debtor.

How do collectors work?

The creditor (the one you owe money to) must notify you of the transfer of the debt to a collection agency within 30 days.

Collectors, having contacted you, must introduce themselves, inform you about the structure of the debt and the conditions for its return.

Collectors can only communicate with you in four ways:

— personal meetings;

- telephone conversations;

- letters by regular mail at the place of residence or place of stay.

Everything else - calls to relatives, friends, colleagues, neighbors - is allowed only with the consent of the debtor. Disclosure of personal data or information about debt to an unlimited number of people - on the Internet, social networks, by message at the place of work - is not allowed.

Who should collectors not work with?

With minors, with debtors who are in the process of bankruptcy, as well as with people who are incompetent or have limited legal capacity. The law does not apply to the collection of debts of individual entrepreneurs that arose while running a business.

Is it possible to refuse to communicate with debt collectors altogether?

Yes, but not immediately, but four months after the delay occurs. You can also negotiate with a collection organization only through your representative - always a lawyer.

What can't collectors do?

On January 1, 2017, the main provisions of the law came into force in Russia, which significantly limited the powers of collectors.

Now they can't:

CALL

earlier than 8 am (on weekdays) or 9 am (on weekends) and later than 22:00 (on weekdays) or 20:00 (on weekends). In general, you can call no more than once a day, twice a week and eight times a month.

HIDE

numbers from which communication is carried out, or call from abroad. When calling, an employee of a collection agency must introduce himself: give his name and organization.

MEET

with the debtor more than once a week.

THREATEN

(for example, by initiating a case under Article 159 of the Criminal Code of the Russian Federation for fraud), blackmail, exert psychological pressure, humiliate honor or dignity, mislead the debtor (for example, inflate the amount of the debt or the terms of repayment).

How to communicate with a collector?

When communicating on the phone, record the conversation

You are not required to warn about this, but such a warning may have an effect on the collector and force him to be more careful in his expressions.

Ask the collector to introduce himself and name the organization he works for

Write down the details (and check if the agency is on the FSSP list).

If a bailiff calls you about debt repayment, find out his details (name and department of work)

Unscrupulous debt collectors may pose as officials of various government bodies.

When meeting with the collector in person, ask to present one of the documents:

- identity document

- power of attorney confirming his authority

— a copy of the certificate of entry of information about the collection organization into the state register

The new law has forced collectors to increasingly go to court to collect

On the one hand, litigation is unprofitable for debtors: fines, state duties and payment for the work of bailiffs place a burden on the losing party. On the other hand, the court has the right to reduce the disproportionate amount of interest if the penalty was accrued for each day of delay and the debt has grown many times over.

Collectors may harass you with calls even if you have never taken out a loan

For some reason, you may be included in the database as a “guarantor” (for example, someone accidentally or intentionally left your phone). In this case, inform about your non-involvement in the debt and send a written notification to the collection agency and the creditor by Russian Post (by registered mail with return receipt requested). The court may rule in your favor and fine the collection agency.

In Russia there are so-called anti-collection agencies

Usually these are just companies whose employees specialize in communicating with debt collectors. There are also applications for mobile phones that allow you to add numbers of annoying debt collectors to the blacklist. One of the most famous such applications was developed in Novosibirsk in 2015, but the Association of Collectors does not approve of its use.

What about debts for housing and communal services?

Debts for housing and communal services are a different story. From 2011 to 2017, the amount of debt owed by residents for utility services increased almost 6 times. According to the results of the first quarter of 2018, the debts of Russians for housing and communal services amount to 1.4 trillion rubles.

Collectors can also collect such debts (and debts of citizens to each other). Moreover, their actions are regulated in the same way by the “collection” law - there are no special conditions in this case. Collectors are unlikely to establish “pyramids of shame”: they are restrained by the presence of a supervisory body, a law that prohibits humiliation of the honor and dignity of citizens, and the administrative responsibility established by it.

The use of such methods is an initiative of utility companies that are not controlled by the FSSP and operate outside the framework of the “collection law.” From the point of view of compliance with other legislation, such amateur activity raises questions.

Where to complain if debt collectors break the law?

Report the violation to the management of the collection agency (by phone call or email).

Send an appeal to the Collectors Association.

Write a complaint to the Bailiff Service (FSSP). This is a regulatory body for collectors. They consider citizens' appeals, apply administrative measures and suppress the illegal activities of debt collectors.

You can complain to the prosecutor's office and the police. Attach materials indicating a violation of the law - this will be the basis for an unscheduled inspection. The law enforcement response may not be quick, but there are success stories.

Okay, what other laws will help me?

If collectors violate the law, they are subject to liability under Article 14.57 of the Code of Administrative Offenses. It provides for fairly large fines. They can be punished both for illegal activities (the fine for work without inclusion in the register reaches two million rubles) and for violations committed during the collection. For example, in July 2018, a collection agency was held liable for “misleading the debtor regarding the consequences of failure to fulfill obligations” and was fined 50,000 rubles. In addition, there is criminal article 171 for those who conduct business without a license.

The privacy of the debtor is protected by Article 137 of the Criminal Code of the Russian Federation - it establishes liability for the illegal collection or dissemination of information that constitutes a personal or family secret (in fact, this may also include the dissemination of information about the debt on social networks among the debtor’s relatives, friends and acquaintances).

Only bailiffs (and in no case collectors) can, by a court decision, impose sanctions on the debtor: seize property, seize a car and real estate, or evict from an apartment.

Roskomnadzor supported the initiative of the bailiff service to post photographs of debtors whose debt was confirmed by a court decision on the Internet and the media and agreed that bailiffs have the right to distribute biometric data without the consent of debtors. However, scientific literature criticizes such methods, and the court declared the publication of such images illegal by virtue of Article 152.1 of the Civil Code of the Russian Federation.

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

Update of the law on collectors

Important! Please keep in mind that:

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

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

But this does not mean that such organizations are allowed everything. The principle “everything that is not directly prohibited is permitted” does not work in this case. Below we will talk about what debt collectors can do against a debtor and what rights debt collectors have.

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

How many times do debt collectors have the right to call?

Telephone calls are the first and most common option for working with a debtor. Those. after the bank temporarily assigns or even sells your debt to a collection agency, work with the debtor begins with telephone conversations and a demand for repayment of the resulting debt as soon as possible.

Typically, such negotiations are accompanied by threats and insults against the debtor. This has nothing to do with the true purpose of the activities of collectors, or with the legislation in general.

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

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

Outdoor events

Also most often debtors are wondering whether collectors can come home.

Everything is simple here. After all, the fact that they will come to you and knock on your door is not illegal. This is exactly what collectors use. Plus, it is important to trace, again, the psychological aspect of this event.

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

But there is one important nuance here that should never be overlooked. Debt collectors are ordinary civilians who do not have any authority. Therefore, they have no right to cross the threshold of your house against your wishes.

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

Can debt collectors sue?

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

Collectors can act as plaintiffs only if they previously purchased the rights under your loan agreement from the original creditor (bank). Those. Now the collection agency is a legal creditor, which means it has every right to sue you.

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

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

Resale of debt

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

• that, firstly, it is pointless,
• secondly, there is unlikely to be a “buyer”.

After all, collection agencies do not provide loans to the population, and all the contracts they work with are purchased from banks and other credit organizations. Plus, it is important to know that the bank sells problem debt only in exceptional cases when repayment seems impossible. And collectors do not buy everything, but only what can bring profit.

A typical example of collectors in operation

Let's consider the situation: the bank was unable to repay the debt from a problem client and put the contract up for sale. After some time, one of the collection agencies buys the debt and becomes the legal creditor. But it was not possible to collect the amount from the debtor.

So, such a debt is called “dead” in slang, and even if it is put up for sale, not a single collection agency will invest money in such a deal, which is obviously unprofitable for the organization. Therefore, if your debt went to collectors, then the final stage will be to go to court. We discussed above whether debt collectors can sue a debtor.

Powers of collectors

It can be noted that questions like these: can collectors collect debts or what rights do collectors have against the debtor?, are elementary. The maximum that they can have in their hands (as with any individual) is your loan agreement. So far, the legislation has not (and will never provide) such organizations with any power.

In the end, for these purposes, in our country we have a bailiff service and the court itself, which sooner or later ends most strained relationships with banks. Therefore, the need for collection agencies in this chain is very, very controversial.