Now let's look at an even more serious situation: collectors came home. What to do in this case? I’ll say right away that collection agencies resort to such actions not so often, but they still take place.

Now, against the backdrop of a worsening economic situation in the country and an increase in the volume of problem loans, “debt collection” services are becoming increasingly in demand. Collection firms make money from this, and their earnings directly depend on whether they can force the debtor to pay off the loan or not, so they are always ready to use any methods for this. I think that this year the situation where debt collectors come to your home, work, relatives, etc. will become more common.

It is important to understand the following:

Many actions of debt collectors, based on legislative aspects, can be classified as illegal. Therefore, their actions are often designed for those who do not know the laws.

If collectors come home and see that you are not able to legally defend yourself (and they will understand this even from previous telephone communication), then they will probably act more brazenly, harshly and illegally. If you initially competently and politely show them “in their place,” the collectors will be more correct and selective in their methods of influence. So, what to do if debt collectors come to your home? Some tips in case this unpleasant situation arises.

1. Know that you don't owe them anything. Firstly, you are not even obligated to talk to them at all; you have every right not to open the door for them. Your communication with debt collectors can be entirely voluntary, but not forced. Putting pressure on you to pay off a debt can always be regarded as extortion, except in cases where a court decision has been made in this regard and has entered into force. Thus, bailiffs and employees of the enforcement service have the right to come to you for repayment of debt or property for sale, and only after a court decision, but not collectors.

2. Attempts to force entry into a home are criminally punishable. If debt collectors come to your home, you don’t want to open it or let them into your house, and they try to force their way in (holding the door, constantly knocking or calling, etc.) - you can safely call the police. Report that unknown people are breaking into your apartment, extorting money, threatening you, etc. Remember that illegal entry into a home committed against the will of its residents is an administrative, and in some cases even a criminal offense. Perhaps the collectors will lag behind, even if you just start demonstratively calling the law enforcement agencies in front of them.

3. If collectors threaten, are rude, or show disrespect– just close the door and stop all dialogue with them. Invite them to resolve all issues in court. Even if you owe a large amount, no one has the right to threaten you or show disrespect; all issues must be resolved within the framework of the law. If the threats do not stop, all that remains is to call the police - the law will definitely be on your side, even if you are a debtor (in this regard, law enforcement agencies will not have any claims against you without a court decision).

4. If collectors behave civilly and politely– you can chat with them (if you want!), listen to their arguments and express yours. In this case, first of all, I recommend that you demonstratively turn on the recording of the conversation through the voice recorder on your mobile phone and warn them that the conversation is being recorded. Next, ask the collectors to introduce themselves, present their documents, find out what company they represent and on what basis they are acting (on behalf of the bank, or the collection company bought your debt). Also ask them to present the loan agreement under which they have claims against you (this must be the original or a notarized copy of the agreement; a simple copy has no legal force). I recommend taking photographs of all documents (again, this is convenient to do with a mobile phone). Even if you don’t need these records and pictures later, their presence will have a psychological impact on the collectors (just as their arrival affects you), and they will behave more restrainedly, within the law.

5. Don't pay debt collectors anything right away. Even if the amount of the claim is small, you have the opportunity to pay it off, and you have finally decided to get rid of the persecution by collectors. Firstly, you will not be able to correctly confirm the fact of the transfer of money (all kinds of receipts will not work in this case; the money must be transferred by bank payment or deposited at the bank’s cash desk with the appropriate purpose of payment and receiving a bank receipt). Secondly, the amount of claims emanating from collectors is very often overestimated, and significantly so. They include a lot of fines, etc. as payment for their “works”.

Also, if collectors come to your home, further developments can be assumed based on the amount of debt you have.

– If the amount of debt is small(let's say up to $1,000), then it is likely that collectors will not sue, since their benefits from this will not cover the costs. That is, they will call, write, and visit for a long time, but at some point they will write you off as a hopeless debtor and stop.

– If the amount of debt is large(from $1000 and above), then most likely, if you continue to evade repayment, you will be sued, the case will be won, and you will still have to pay off the debt, or deal with bailiffs who have much more legal powers than debt collectors.

But here it is important to know the following: while collectors are trying to “knock” the debt out of you using their own methods, they include all sorts of markups in the amount, but at the trial you will most likely be required to pay only what you owe to the bank. If you have a good lawyer, maybe even without penalties.

Waiting for trial may be more financially beneficial than paying debt collectors.

Of course, each case is individual, so it cannot be said that this rule applies to everyone without exception.

Now you know how to behave and what to do if debt collectors come home. To prevent this from happening, always try to fulfill your obligations as clearly as possible and do not take out loans if you are not 100% sure that you can repay them in any situation.

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As one smart joker said: “There is a lot of credit in the family.” This is true. From household appliances to building their own home, people often take out loans for various needs. However, modern realities are such that even though earnings are consistently high today, it is not a fact that they will remain stable for a long time.

There can be many reasons for sudden financial problems. A person needs money, he contacts a credit institution, signs the necessary agreement, receives money, having the confidence that he will be able to pay the monthly amount to the credit institution. And after a while, something went wrong: serious financial problems appear, and with them, debt collectors appear on the doorstep. And not just with harmless warnings, but with persistent demands to pay off the debt with accumulated interest. This article will tell you what to do if debt collectors threaten you over the phone or in person.

When do you have to deal with debt collectors?

If before not everyone had heard and knew little about such a phenomenon as debt collectors, now they have gained great fame. And everyone has probably already heard that there are such people. Yes, indeed, without clearly defined rules for “knocking out” debt from malicious debtors, collectors are not always guided in their actions by the rule of “soft power”, but quite the opposite. They sometimes start with direct threats against the defaulter and go as far as actions that fall under criminal offenses. And today, few people know what to do correctly and what to do if they are threatened by loan collectors.

If the borrower still has financial problems, and he may have every chance of a quick meeting or conversation with the collector, then there is no need to be afraid right away. We need to figure out who Russian law classifies as debt collectors and what rights and responsibilities it gives them. Forewarned is forearmed.

Who are you, citizen collector?

Unfortunately, at the moment there is no specific federal law that would clearly indicate what to do if debt collectors threaten you and would regulate the actions of these persons.

To be more precise, there is a draft of such a Federal Law “On Collection Activities”, it has already been approved by the State Duma, but it comes into force in January 2017. If we refer to this bill, then the following should be understood by a collector.

A collector is an individual who has entered into an agreement with an employer, namely a collection organization, or registered as an individual entrepreneur, whose main activity is the return of unpaid funds to the creditor, which have become overdue. Collectors work on a reimbursable basis.

Activities of collectors

Based on the fact that the law has not yet entered into force, the activities, and even more so the illegal actions of debt collectors, are being questioned by many lawyers. Rospotrebnadzor is even initiating a ban on such activities or the speedy implementation of the much-needed Law on Collectors. So that borrowers can know exactly about different situations and if they are threatened by collectors, what to do. Articles of Law No. 353 “On Consumer Credit”, which is currently in force, nevertheless define the terms of reference and responsibilities of collectors:

• working with debtors through personal meetings, telephone conversations, possibly letters and SMS messages;
• the collector must introduce himself: state his name, name the collection organization, if he is a member of one;
• Collectors are prohibited from disturbing debtors on weekdays from 22.00 to 08.00, as well as on weekends and holidays from 20.00 to 09.00.

Any activity, any other initiative of the collector, except for the points listed, is prohibited. Not to mention the notorious threats addressed to both the borrowers themselves and their relatives. The exception is other actions in relation to the “at fault” borrower, which were specified in the loan agreement signed by the credit institution and the borrower.

Who can't be a collector?

The bill “On collection activities” prohibits the following persons from holding the position of collector: former criminals convicted of committing criminal acts against the individual, the state, as well as in the economic sphere, whose criminal record has not been expunged or expunged, and persons not residing in Russia.

In what ways does the collector reach the debtor?

There are two ways in which a collector finds his “victim”:

1. A credit organization represented by a bank calls for professional assistance from a collection organization with a request to collect an overdue debt from a borrower who does not want or cannot pay his loan. In this case, the debt is returned to the account of the bank itself, and the collector acts as an intermediate link between the debtor and the credit institution. Well, it’s a convenient combination: the bank gets fewer problems, and the collector receives a monetary reward.
2. The bank gives the debt of its defaulter to the collection organization, and now the borrower owes the amount not to the bank, but to a specific collection agency.

In both cases, the collector receives the borrower’s personal data and, at his own discretion, begins to work with him. In the second scenario, when the collector works directly in his own favor, the same bad and dangerous cases for the health and life of the defaulter and his relatives occur. Banks, when they contact their borrowers, work more delicately, without resorting to threats, because they protect their reputation.

The main rule of behavior with a collector

What to do if collectors threaten? “Calm, just calm!” - this is the motto of communication with a representative of a collection organization. In whatever form, personal or over the phone, you have to have a conversation with a debt collector, you must maintain a sober mind and a clear memory. Of course, most often collectors prefer a telephone conversation with the debtor, but personal meetings also happen.

If the collector came home

If you are “lucky enough” to open the door to a collector, then we can give you some recommendations. During a personal meeting, you should definitely inquire about the visiting citizen: who, what position, from which specific collection organization.

What to do if collectors threaten? When contacting them, it would be a good idea to use an audio recording of the conversation, warning the uninvited guest about this in advance. Perhaps this will protect the debtor from the inappropriate behavior of the collector and potential threats against the defaulter and his family, or, if necessary, will serve as evidence of threats and extortion in court. If a debt collector convincingly asks you to sign any documents, under no circumstances should you sign anything at all.

What to do if collectors call and threaten?

Most often, the collector communicates with the debtor by phone, and there are also some tips here:

1. At the beginning of the conversation, the authorized person must introduce himself and name the collection organization on whose behalf he is calling. You should definitely ask for the phone number of the named organization. If the caller deviates from this rule, then the conversation need not continue.
2. To protect yourself from scammers, you should call this number back and find out if the collector with whom you spoke works for them.
3. The next step should be a conversation with a representative of the bank where the loan was taken out in order to become familiar with the borrower’s current debt. If the bank threatens with collectors, what should you do in this situation? If the debt has already been transferred to collectors, then you need to clarify which one and request the relevant documents.
4. In order to avoid situations where collectors threaten relatives (you will find out what to do if this does happen later), you cannot transmit any information about yourself as a borrower, your family members and close people. Even if a person managed to inspire confidence in himself over the phone, it is impossible to transmit not only personal data, but also inform the debtor and his relatives about the existing property. By posting any of the above data, people, without realizing it, give debt collectors the opportunity to begin blackmailing and threatening them in the future.
5. If the debtor is subjected to constant threats and extortion over the phone, then there is nothing easier than adding this number to the blacklist in your phone.
6. Ultimately, in the case where a person does not know what to do if collectors threaten with violence, you can remind the extortionist that, according to the law, his methods of work are illegal and may have certain consequences for him. Perhaps this will bring such a collector to his senses.

how to protect yourself

Collectors are different: some conduct their professional activities in good faith, respecting a person’s personality and the law, but there are others for whom executing a business plan and extracting money from the debtor by any means and means is a normal thing. What to do if collectors threaten? If, despite all the warnings from unscrupulous collectors, the borrower is faced with threats and blackmail, then there is no need to panic. The law is always on the side of a person and does not allow any illegal actions against him, even if he is a bank debtor. Russian legislation prescribes punishment for any insult to a person, extortion of various forms, blackmail and threats.

Application to collectors with provision of evidence

When faced with illegal actions of a debt collector, the borrower needs to write a corresponding statement to law enforcement agencies, the prosecutor's office or the police department, supporting his statement, possibly with available evidence of threats. Such evidence may include: an audio recording of a telephone or personal conversation, a note planted by the collector, SMS messages. You can also contact a professional lawyer with experience in this area, as well as Rospotrebnadzor, for protection from unscrupulous collectors. The latter completely denies the legality of such collection activities and always supports the complainants. By the way, you can file a complaint with Rospotrebnadzor both at the regional representative office and through the official website on the Internet, which is very convenient.

If we assume that a fraudulent collection agency is working with the debtor, then reporting them to law enforcement agencies will already be sufficient grounds for the disappearance of threats against the debtor. Therefore, you should not neglect this.

Conclusion

Finally, after all the rules and recommendations, I would like to give the most important and most reliable advice to the debtor who is being threatened: let him, if possible, pay off his overdue debt, and all problems with debt collectors will come to naught.

Last updated February 2019

Today, Russians are experiencing a peak in their debt burden and an increase in the volume of problem debts. The activities of collectors have long been subject to harsh criticism. Let's consider the main problems that they can create for the debtor.

Does the collector have the right to take care of your debt?

To do this, you should read the loan agreement. If it prohibits assignment (assignment of the right of claim), then the bank has no right to sell the debt to third parties. It is worth noting that recently loan agreements specifying such a prohibition are practically not concluded. That's why:

• the collection agency can either buy the debt in full
• or for a fee (up to 50% of the principal amount) help the bank cope with the situation and return the borrowed money.

In both the first and second cases, the debtor’s direct consent is not required, but he must be notified by mail or other accessible means.

If we are talking about challenging the right of collectors to work with a specific debtor, for example, when:

• the agreement provided for a ban on assignment
• or no one notified the debtor,

then you need to apply to Central Bank of the Russian Federation, since it is in charge of a separate department for supervision of the activities of banks on the issue of compliance with current legislation (banks are extremely afraid of such complaints). This can be done on the official website of the Central Bank; the alternative is to go to court.

Legal basis for the work of a collector

There is no law on the activities of collection agencies in Russia yet. At the same time, there is a federal regulation that quite clearly regulates the work of bank and other employees in debt collection. Thus, the law “On Consumer Credit” specifies in detail the possibilities of the collector and the limitations of his intrusion into the personal life of the debtor. See also.

Powers of collectors

According to the law, employees of collection agencies have the unconditional right only to send mail to the debtor (while it is prohibited to indicate on the front side of the envelope the amount of debt and the very essence of the obligation), telephone and personal conversations, text messages - and all this strictly during certain hours:

• on weekdays - from 8 a.m. to 10 p.m.;
• on holidays and weekends - from 9 a.m. to 8 p.m.

Collectors are well aware of when they can call, but often violate these restrictions (see).

Other forms of interaction between the collector and the debtor

Other ways to achieve payment of the debt by the borrower are allowed only with the written consent of the latter. These may include:

• reporting to the debtor’s place of work about problems with debt obligations, reporting to work, communicating with superiors and colleagues;
• calls and visits to the place of residence of persons specified as contacts when concluding the agreement, relatives, loved ones, spouses, children and parents of the debtor;
• requirement for early repayment of the entire debt if there is a delay of less than 60 days;
• illegal actions provided for by administrative or criminal law (damage to property, insults, threats, slander, as well as situations where collectors threaten the debtor’s neighbors, etc.

Any threats are prosecuted by law

What can debt collectors do and what should a borrower do when they threaten?
Any deviations from the restrictions specified above, as well as contacts accompanied by threats, are an unconditional basis for deprivation of the collection agency’s license and, if the debtor goes to court, compensation for moral damages.

Based on judicial practice, debt collectors are rarely brought to criminal liability, although there are hundreds of thousands of allegations of illegality of their actions. The problem is that it is difficult to prove the reality of the threat expressed or written by the debt collector. Indeed, in the overwhelming majority of threats, they are only verbal; no action is taken to implement them.

In some cases, criminal cases are initiated when words are supported by actions:

• arson of the entrance
• pushing, pressing against the wall
• violent entry into an apartment with breaking down the door, etc.

Where to write a complaint against debt collectors

• To the police - when the debtor or his relatives are outraged by the methods of work of collectors (if they call at work every day, periodically call relatives), and also if there are signs of serious violations of criminal or administrative legislation (for example, they call with threats), then you should contact the police .
• To the prosecutor's office - in addition, regardless of whether the threat is made over the phone or in person, you can submit a statement to the prosecutor's office.

How to deal with debt collectors

Consideration of complaints takes time, but calls from collectors continue? If collectors call you, just add their numbers to the blacklist: you are not obligated to talk to them.

• If you constantly repeat that all issues will be resolved by the court and not go into detailed discussions about your difficult financial situation, you can quickly ensure that collectors do not call at all.
• Never let debt collectors into your home, under no circumstances.
• Don't give them any documents, indicating partial repayment of the debt, your financial situation, information about your loved ones, children, place of work and the presence of property.
• Record all calls and do not delete the call log (if they call at night), SMS messages (when they write SMS with threats) - all this can be useful to you regardless of where you decide to go: to court, to the police or to the Central Bank.
• Use a voice recorder- all threats in personal contact with the collector should be recorded on a voice recorder, as well as telephone conversations.
• Take photographs of signs made by collectors on the entrance, doors, and other signs of damage on your property.
• Invite the local police officer and re-record all this in his presence and in the presence of witnesses.

Collectors on social networks

Recently, collectors not only write in debtors’ hallways, but also actively communicate on social networks, thus trying to reach the debtor and establish his social circle and interests. Collectors explain their actions by saying that they are trying to establish the location of debtors who deliberately disappeared.

The best thing in advance close profiles on social networks (or change your first/last name) so that collectors cannot see your relatives, friends, children and do not write reminders and threats on your account. Or at least limit it with a “friends only” filter and set a strong password.

Does a debt collector have the right to write reminders or threats on the debtor’s social networks?

• According to the meaning of the law, the form of activity of collectors, when they write on social networks, refers to a special permit, that is, this must have the written consent of the debtor.
• So, if they wrote to you, as a debtor, on “VKontakte” without your permission (which none of the debtors will ever give), you have the right to contact the prosecutor’s office with a statement about a ban on the activities of the collection agency and a violation of private life.
• It doesn’t matter whether they threatened you with violence or politely reminded you of your debt.

In addition, knowing how debt collectors can threaten a loan, it is better to resort to an additional measure: go to the bank in whose interests the debt collector is acting (he is obliged to introduce himself and provide information about the loan, the bank, the amount of the imaginary debt) and write a statement indicating lack of grounds for employees working with problem loans to contact you.

If you have questions about the topic of the article, please do not hesitate to ask them in the comments. We will definitely answer all your questions within a few days. However, carefully read all the questions and answers to the article; if there is a detailed answer to such a question, then your question will not be published.

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Collection companies' threats are their main way of influencing debtors. At the same time, collectors often do not choose ways to express their intentions, without particularly worrying about how effective their threats will actually be.

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What rights do collection agencies have?

When assessing the level of rights of a collection agency, one should proceed from the fact that, according to the terms of the loan agreement being concluded, it retains its validity period even after the bank has sold all the debts.

In this case, in essence, there is a transfer of lending rights from the bank directly to the collection agency, which, as a result, assumes all the rights of the creditor under this loan agreement.

In this case, the fact that the loan was issued by the bank and is demanded by the collection company does not matter.

Thus, in essence, there is a transfer of rights to receive a return of loan funds to the collection agency, while it also inherits all the basic rights of the borrower.

The rights of the collection agency in this case are limited to expressing demands for the return of debt, taking into account the accrual of all required fines and interest on the amount of the debt.

The activities of collection agencies are limited by the framework of the loan agreement and the legislation in force in the country.

All rights of collection agencies to collect debt from debtors are essentially reduced only to demanding repayment of debts under the concluded credit agreement. At the same time, there can be only two methods for implementing such a right.

It makes sense to analyze them in detail:

1. First of all, collectors have the right to send letters and corresponding demands for debt repayment to the client. It is necessary to have certain information in such letters and demands in order to consider them sufficiently legitimate.

This information should be of the following nature:

• a description of the grounds on which the bank assigned the right to claim debt under a specific loan agreement;

• information regarding the current state of the debt at the time of filing a request for its return;

• information regarding the timing of debt repayment and the level of responsibility for failure to comply with such a requirement.
  

  The degree of liability is determined by filing a statement of claim with the judicial authorities based on the fact of non-repayment of debt.

Moreover, there may also be two ways to deliver such requirements. Either this is a postal letter with the appropriate notification, or delivery directly to the debtor against signature.

To do this, the collector can invite the debtor voluntarily to his office or personally appear at his home or work.

The collector does not have the right to break into the debtor’s home, since in this case he becomes subject to criminal liability in accordance with current legislation.

2. A personal meeting between the collector and the debtor involves a number of options with the ultimate goal of returning the current debt from the latter.

To do this, representatives of collection agencies must determine the reasons for non-payment of the debt, and also inform the client of its total amount, taking into account accrued interest and penalties.

At the same time, the client is obliged to clearly understand the consequences of his failure to fulfill the obligations that he has assumed.

It should be noted that in this case, collectors are obliged and have the right to act exclusively by methods of persuasion.

They have the right to carry out certain actions exclusively within the framework of pre-trial coordination of the entire range of issues related to debt repayment.

If the debt amount is not returned by the person who entered into an agreement with the bank, collectors have the right to go to court to resolve the protracted issue.

What to do if they threaten?

Collectors often resort to threats when carrying out their activities.

Among the methods by which they express their threats are the following:

By phone

In this case, you can simply not continue the conversation with them. Of course, you shouldn’t swear and insult them, but you shouldn’t listen to threats addressed to you, no matter in what form they are expressed.

At the same time, it is good to know the rights of collectors and remind them unambiguously which of their rights stipulated by law they are violating in this case.

Debtor's neighbors

In this case, it would not hurt to carry out explanatory work with neighbors and advise them not to enter into any negotiations with debt collectors.

In the end, it is the neighbors who have absolutely nothing to do with such a situation, and they should not listen to threats addressed to them.

At the same time, collectors can be reminded of the possibility of bearing administrative liability for uttering threats to people who have nothing to do with the case under consideration.

They write threatening text messages

This is the stupidest thing that collection agencies can do. In this case, first of all, you should not delete the sent SMS so that you have something to present to the police if such a need arises.

Such messages are not within the competence and rights of collection companies, so you should not pay much attention to such statements.

What has changed in 2019?

This year, cases of non-repayment of loan amounts by individuals have become more frequent. At the same time, collection companies have tightened their activities and now regularly send threatening messages to debtors.

On the other hand, some banks have ceased to exist in the country, which causes certain difficulties in repaying debts in cases specifically with these banks.

However, the activities of collection agencies are attracting increasing attention from the state.

This year, a law was adopted that clearly stipulates the procedure for recording the fact of bankruptcy of private entities.

From now on, the debt in the amount 50,000 rubles, which the creditor does not repay within six months is sufficient grounds for declaring a person bankrupt.

At the same time, the banking structure that provided a loan to a person does not have the right in relation to him to demand the seizure of his property. This also applies to the debtor’s apartment, even if the previously taken loan was a mortgage.

In addition, this year the press has covered a number of scandals related to the conduct of illegal activities by representatives of several collection agencies.

Law enforcement agencies received a whole stream of statements from citizens regarding intimidation by collection companies.

In this regard, representatives of law enforcement agencies have repeatedly expressed their desire to bring debt collection under close state control, as well as to significantly restrict the rights of collection companies.

Collectors threaten children

In this case, you should definitely set up your children correctly in advance. Collectors have no legal right to have any contact with children at all, and this message must be conveyed to children.

In the event that such manifestations occur, it is required that children tell adults about each such fact. It is also desirable that the facts of threats be documented.

These could be voice recordings or video footage taken on a mobile phone. Such facts can subsequently be used to file an application with the relevant law enforcement agencies.

There are already plenty of similar statements.

Due to the development of the economic crisis in the country, cases of non-repayment of bank loans have become more frequent, after which collection companies have become more active.

Their representatives often lie in wait for the children of debtors near the schools where they study in order to use any means of influence on the debtors.

It is necessary to clearly understand that such actions are not legal and, if possible, they should be recorded.

If this is not possible, you should, in any case, explain to the children that they should not enter into any conversations, but it is better to simply leave immediately.

How to behave correctly?

Firstly, you should never indulge in fear or panic. It is necessary to clearly understand the full scope of powers of representatives of collection companies, what exactly they have the right to do according to the law, and what they do not have the right to do.

If collectors violate the framework of current legislation, this is precisely what their immediate attention should be drawn to.

In addition, you can personally negotiate with debt collectors. A person has the right to decide independently where they will take place, at the debtor’s home or in the office of a collection company.

In order to competently respond to the threats of collectors, you first need to understand how they relate to your loan. Remember that you entered into a loan agreement with a bank, and not with a collection agency. Depending on the legal relationship between the bank and the collectors, you should take different actions. In any case, keep in mind that threats and extortion are prohibited by the Criminal Code of the Russian Federation and must be prosecuted by law.

Find out from the collectors what company they represent and why they are bothering you. If the bank only has an agency agreement with the collectors, there is absolutely nothing and no need to talk to the collectors. An agency agreement, in essence, just gives debt collectors the authority to inform you about the existence of a debt. In this case, answer all calls from collectors: “All questions through the court,” and hang up. Better yet, add collector numbers to your phone’s “black list” and don’t pay any attention to them.

Helpful information

Collectors also like to send threatening SMS messages with text something like this: “A team has been prepared for you,” “Tomorrow at 13:00, be at home and prepare your property for inspection,” “Your case has been transferred to the department of enhanced collection,” etc. Not pay attention to these SMS messages and do not respond to them, you can even block them along with the calls. If you do receive such messages, it is better to save them in the phone’s memory - they may be useful if the matter comes to a credit lawyer.

If debt collectors come to your home, it is better not to open the door at all, and especially not to let uninvited guests into the apartment. If they begin to behave rudely and make threats, immediately call the police and report that you are afraid for your life and health. Whatever the situation with your loan, do not be afraid of the police - they are not at all concerned with who owes what to whom (this is a matter for the bailiffs and only after an appropriate court decision).

So, what to do if you are threatened by debt collectors, from the point of view of law and anticipating such threats? Of course, complain about it! You should start by drawing up a statement about violation of the rules for processing personal data and about revoking consent to their processing. Practice shows that this document alone is often enough to significantly reduce “attacks” from collectors.

Helpful information

If collectors threaten you and/or your relatives, then you need to notify the police, the Investigative Committee of the Russian Federation and the prosecutor's office. Naturally, you should not rely on emotions, but record all the facts related to these threats. For example, if debt collectors make threats over the phone, make a recording of the conversation and a transcript (transcript) of this recording. Attach this transcript to your applications.

You need to complain to each law enforcement agency, taking into account its specifics and area of ​​activity. Contrary to popular belief, you cannot compose one text of a complaint, cram everything that comes to mind into it, and submit it everywhere. You need to write briefly, clearly, from a position of law, not emotion. Don't write too much and tediously. Psychologists deal with psychological health, and the task of law enforcement is to monitor compliance with the law. The only thing you must describe in detail is how exactly and who specifically violates your rights.

If collectors openly extort money from you, this situation is under the jurisdiction of the Investigative Committee. Describe your situation, qualify it legally if possible, and file a complaint. You can find out the progress of work on it by the number assigned to it.

If collectors not only threaten, but also unlawfully use your personal data, contact Roskomnadzor. You must submit a statement to this authority that your data has become known to third parties committing actions that may be classified as an offense or crime.

You can also go to the prosecutor's office for a personal appointment. Be prepared to list all the facts: how the collectors threatened you, what you did and what it led to. Carry with you copies of your statements submitted to other law enforcement agencies. Find out exactly how you should file your application.

Of course, the most reliable way to protect yourself from threats from debt collectors is to contact a credit lawyer. This is the best choice for sleeping peacefully, without fearing for yourself and your family, and without shying away from every shadow. We recommend that you come to a personal meeting with a lawyer, who will analyze the specifics of your situation and give substantive recommendations on further steps. This service is provided for a fee, the cost depends on the complexity of the specific situation and the required amount of work.

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