Credit practice recent years shows that no matter the amount of loan debt, banks are in no hurry to go to court. As a last resort, if the debt is relatively small (within 50 thousand rubles), an application should be made to the magistrate to issue an order allowing the start of procedures forced collection, but this order is usually used when attempts before judicial recovery debt came to nothing.

Why do banks, in the overwhelming majority of cases, first of all try to collect the debt without going to court? This question can be answered quite briefly and categorically: this order is more profitable and effective.

The trial can last for years, and even with an unpredictable result if the borrower involves an experienced credit lawyer. While the trial is ongoing, the debtor can hide his property from seizure or sell it, which sometimes cannot be saved by quick actions to secure the claim. In addition, courts very often make concessions to borrowers by establishing long installment or deferment periods. But one more point is also important. If we look at the facts and statistics, then a completely standard situation is in which the borrower, by court decision, is deducted monthly at all. small amount. It’s no secret that many borrowers-debtors hide their unofficial income, and with a minimum wage it can take a very long time to repay the debt in pittance amounts.

Pre-trial collection, in turn, is not only more effective than the judicial process, but also contains many options for solving the problem, which can be combined. The main directions of legal pre-trial collection loan debts are:

1. Claim procedure. Within its framework, the bank (security service, collection department, legal department or other banking structure), as a rule, conducts correspondence and negotiations with the debtor. Letters, phone calls, SMS and the like are standard means of working with debtors.
2. Contacting collectors. Since today this area of ​​activity is not yet regulated at a sufficient level by laws, specialized collection agencies, law firms, and even private detectives can act as collectors.
3. The so-called sale of debt is the conclusion of an agreement on the assignment of the right to claim the debt.
4. Foreclosing on collateral is only possible for secured loans, in particular, mortgages or car loans.

Pre-trial collection by the bank

When turning to means of pre-trial collection on its own, the bank is guided by the terms of the loan agreement and the provisions of the law. The bank has every right to do this, since in case of delay or refusal to fulfill its obligations, the borrower directly violates the contract.

When collecting debt on its own, the bank does not have much power. All his actions usually come down to negotiations. But more stringent measures are also possible, such as blocking debit, salary and other accounts, client deposits with unaccepted write-off of debt from them. Such actions by the bank are legal only if this measure was provided for by the terms of the loan agreement or a court decision was received. In other cases, the debtor can appeal the actions of the bank by sending a claim to it or filing a claim in court. By the way, in court, if the bank’s actions are declared illegal, the debtor may also demand recovery of damages.

Collection through debt collectors

​Banks turning to debt collectors is the most common practice of pre-trial debt collection from individuals. It's all about efficiency, often on the border between legal and illegal methods, and sometimes even crossing all boundaries. By turning to collectors, the bank actually relieves itself of all responsibility for their actions. And, despite the fact that, from the point of view of the law, the powers of collectors are not much different from those of banks, their actions are always more active and even harsher in relation to borrower debtors. Due to this, in principle, effectiveness is achieved. Not all debtors are able to live in constant stress; turning to anti-collectors is an additional cost, so only those borrowers who really do not have the opportunity to repay the debt do not take any measures to repay the debt. On this moment It is possible to resist the illegal actions of debt collectors only by filing a statement with the police about threats, violation of privacy, illegal use of personal data, extortion or other violations of the law.

Sale of debt (assignment of claim)

The practice of selling debt has not received banking environment very widespread. This is rather a last resort, since the bank's losses in this case will be significant. Borrowers should note that all statements by collectors that they allegedly bought the debt are, in most cases, fraudulent in nature. Debt collection services and acquiring the right to claim a debt are not the same thing. In any case, the transfer of the right of claim does not give the new creditor any powers other than those of the original one. All pre-trial collection will be reduced to the same methods that are acceptable for the bank.

Foreclosure of collateral

The collateral is collateral under the loan agreement, therefore, in case of violation of its terms, the bank has the right to initiate a procedure for foreclosure on the collateral. In fact, this means that the collateral will be withdrawn from the possession and (or) use of the borrower and sold at auction, followed by full or partial repayment debt. If the amount of funds received by the bank exceeds the amount of the position, the difference is paid to the debtor. If there are insufficient funds to repay the debt, the bank has the right to take other collection measures.

Contrary to the popular belief among borrowers that the bank is free to dispose of the collateral as it pleases, this is not true. The conditions and procedure for foreclosure on the collateral must be specified in the terms of the loan agreement. At a minimum, the agreement must contain a list and content of the bank’s rights in relation to the collateral. It is possible that in order to seize and dispose of the collateral, the bank will need a court decision, although such a condition is rare today.

Once in the collection department, the borrower's agreement is assigned to the office team, which usually includes two people with extensive experience in such work or service in law enforcement agencies. The period that the contract will be kept in the unit is usually 6 - 8 months, but it all depends on the bank.

These are collectors working in the state financial organization and non-agency (NA). The entire process is based on the lender’s internal regulations, which are written in the form methodological manual.

Main differences from KA:

1. Negotiations with the debtor are conducted in strict accordance with the points specified in the manual.
2. Employees have the right to invite clients to the office for negotiations.
3. Employees can independently reduce the amount of debt and offer payment options.
4. The collection bank interacts with lawyers and independently decides which contracts to submit to court.

Important! The bank's claims department is more loyal to debtors than ordinary collectors. Based on a complaint from borrowers, an employee who has gone too far may be fired, which cannot be said about agencies where psychological influence is standard work carried out with a person.

Principles and methods of work

Now, instead of fines, according to Article 330 of the Civil Code of the Russian Federation, the client will be charged a penalty every day. This is a bank-determined percentage of the final claim amount.

The first thing the collection department does is send a pre-trial claim to the debtor’s registration address (see what this is), and determine the area of ​​his residence, as well as the distance from the head office.

Then, employees begin calling all available telephone numbers from personal data, and from comments left by late employees (see).

Important! If contact with the debtor is established, then the personal data is verified, the amount of the debt is summed up on the day of the call, and they are invited to the collection department.

If contact is made with his relatives, acquaintances, neighbors, contacts or work colleagues, they are asked to pass on information regarding the debt.

If the client comes to negotiations, he is offered several options for solving the problem:

1. They ask you to pay at least 50% of the debt amount, the rest is divided into a schedule for several months. In this case, the penalty is suspended.
2. They ask you to pay 100% of the final claim, and write off all previously accrued penalties.
3. If the debtor has a debt in only one bank, they offer him to re-accredit to another or turn to relatives or friends for help.

If the borrower is satisfied with everything, he pays the debt and his agreement is sent to the archives. Next, he is given a certificate confirming the closure of his personal account. After six months, he will again be able to take out a loan from this bank if the conditions suit him.

A certificate of account closure is a legal document and serves as proof that you have no debt to the bank. Any claim from credit organization, will not be considered by the court.

If the debtor was unable to find the money and pay the loan, then the scenario will develop as follows:

• everything will depend on the amount of debt;
• from his place of residence (closed city, military unit, remote village, in this case the contracts are simply sold to a collection agency);
• distances from the head office.

If the borrower falls under these conditions, then development occurs in the following directions:

1. The contract goes to the legal department. Next, the debtor is sued.
2. The agreement falls into the work of mobile groups. Now the borrower will constantly be visited at home or at work.
3. The contract goes to the anti-fraud department. This happens rarely, mainly when all the borrower's documents are false.
4. The contract is assigned or sold to a collection agency. This is a common practice and there is no need to be afraid of it. Let's look in more detail.

Depending on the bank, there may be no collection department at all, and after the first delay in the contract they end up in a collection agency. There are many options. It all depends on the specialization of banks and the number of branches in the Russian Federation.

We used as an example a bank specializing in:

• consumer lending;
• express loans;
• credit cards.

Borrowers are afraid to communicate with the bank when they are overdue and prefer not to answer the phone. But this is the wrong approach and will not solve the problem.

Came into force on January 1, 2017 the federal law 230, which prevents debt collectors from calling the debtor more than twice a week. Moreover, if the debtor does not want to communicate, he can directly state this and prohibit him from calling.

In case of violation of the law, contact. Now it's supervisory government agency. Fines for agencies and banks will be up to 500 thousand per borrower.

This legislation has made life easier for debtors; collection officers can only ask whether the person is ready to pay? If not, then warn about the consequences of legal proceedings and hang up.

Don’t be afraid to call, communicate and find out for yourself profitable proposition to write off part of the debt.

Bottom line

Not every bank has collection departments, and they have experienced employees who can convince the borrower to make payment. Moreover, all negotiations must be conducted in STRICT accordance with the internal regulations of the creditor.

Thanks to the new law on collection activities, debtors can defend themselves and negotiate with collectors.

If you have any questions about the topic of this article or require advice, write to us in the comments or contact the site’s on-duty lawyer in the form of a pop-up window. We will definitely answer and help.

Yes, this is an ordinary department that was created and named by the bank itself. It sounds loud and tries to instill fear. Nothing else. They did not have and do not have any legally significant rights. Remember from the literature “speaking names”, so these are “speaking names”. There is no substance behind them. The word "judicial" is a normal word throughout the "civilized world". Anyone can experience financial difficulties, and given that credit system in Russia it was clearly created not only on fair, but not even on adequate principles; the financial problems of defaulters are a common product of such lending. Banks are the first to understand this, because they have already calculated everything ahead of the money. Those calling you are simply not aware of this. You are one of those many who could not pay the loan, and there is nothing scary, shameful, or even emotional about it. Banal numbers and accounting. You personally can either influence them or you can’t. If in Europe a person has any controversial issues, then he files a lawsuit. This is the world of finance and law. Our citizens are not burdened with knowledge of their basic rights, and the majority do not know a single article from the Constitution of the Russian Federation, which is very deplorable. This is why banks press with words, and what else can they use to press with? According to Article 811 of the Civil Code of the Russian Federation, if the borrower does not pay for a month, the bank can safely file a claim in court. Moreover, he does not need to warn or notify you. However, such a walk is not profitable for the bank. Therefore, it includes those who collect debts over the phone. Among them there are “judicial departments”. Of course, not every bank has one, because not every branch has lawyers. It may happen that somewhere not in the central city there is no lawyer at the bank at all, but the judicial department central office represented by one lawyer. All that is implied in the names of departments is empty importance. Bankers must be important, they simply must look important and dress important, well, because they do nothing socially useful with such resources. And the empty essence requires external importance. When and if I received a call from the bank's judicial department, the first thought that would flash through my head is that this department is most likely suing defaulting borrowers. And then I have a question: “Why the hell should I call?” Isn’t it easier for the bank to sue me, and he, in turn, will duly notify me of the time, place and date of preparation for the trial. This would save both me and the bank time. The bank has a different approach. If he sues everyone at once, he simply won’t have time to do it. After all, he will have to maintain a staff of lawyers who will literally live in the courts (and will have to pay a lot), and then he will also have to wait for the consideration and decision on the appeal and or cassation, and then enforcement proceedings , and some hope of collecting the entire amount IMMEDIATELY, and most likely in parts, if at all there is anything to be collected legally by that time. All this is expensive and NOT PROFITABLE, and the bank was created in order to make money on nothing. All his services revolve around himself, or around his “product,” that is, money. That is why it is easier for the bank to hire people who will call and try to use banal psychology of pressure or cultural “reason” on the defaulter. There is also an option to transfer this necessary and tedious matter to collectors under an agency agreement. Then there is a chance that they will call you and introduce themselves with all the “colors of the world.” The names of positions and departments would have amazed even Ostap. This includes the judicial department, the pre-trial department, the high-priority department, the extra-judicial department, and the collection department. The names are such that without knowing your rights and not understanding that no one is obliged to tell or confirm anything to anyone over the phone, you could already admit everything and everyone, no matter what they say. Names are one of the methods of putting pressure on your psyche and there is nothing more. On the phone, it is difficult to force a person to say or do anything without exerting any influence, and it begins with the tone of the conversation (looking like the Commander-in-Chief of the Army of the Whole World), loud-sounding (but empty in practice) names of positions and departments, and an attempt to tell you, that you don't understand anything about the laws. From time to time, it is necessary to instill in the borrower the phrase that he owes, so that he develops the worldview of a debtor (slave). So whether it’s a judicial department, or a pre-trial department, or an especially important department for collecting something, in reality (legally) there is NO difference! Everything legally significant is always and everywhere recorded. In jurisprudence they don’t take your word for it! To understand, let’s compare a bank to a store. Do you care who the merchandiser or supervisor is? Do you delve into how many and who the store hired and what they called the salespeople? They can also create a department there to supervise something, and what will this have to do with the judicial system? No. Also in the bank. He had a problem - the borrower stopped paying. It’s time for him to solve it, and for the borrower to think about how and what he will do next. If it is difficult and difficult for you to communicate with bank employees or debt collectors, then don’t communicate, who is holding you back? Turn off your phone, change your SIM card, block incoming numbers, blacklist them, write to Roskomnadzor. If all else fails, which is extremely unlikely, you can look towards a mythical representative. Create a non-existent representative and talk to the bank or collection agency in anticipation of a trial on his behalf. You don’t have to name the name of the “representative,” but you can come up with one, but no one will check anyway. This option tested more than once in practice, it allows you to abstract yourself a little from your situation and not perceive it as nervously as you could. From the outside it is sometimes clearer and easier to conduct such matters.

What to expect at the pre-trial collection stage. This stage will definitely happen. Don't think that the bank will forget about you.
So, the main stages of pre-trial collection.
1. First, the bank tries to collect it itself.
2. Then transfers it to a collection agency, usually for 3-6 months.
3. If the agency was unable to collect, transfers it to the second agency, then to the third, etc.
4. If, after the work of several CAs, the debt is not collected, the Bank chooses several directions:
a) Offers debt restructuring to the debtor;
b) Offers the debtor forgiveness of all penalties and fines, provided full repayment remaining debt;

c) Forgiveness + restructuring;
d) Collection of the entire debt (with penalties and fines) through the court;
e) Sale of debt (with penalties and fines) to a collection agency.
Let's take a closer look at these stages.

At the moment when you have just become overdue, the Bank softly begins to remind you that you have overdue your monthly payment, and ask to pay it off as soon as possible. The longer the delay, the more persistent and stringent the Bank’s requirements become. As a rule, in the early stages of delinquency (1-60 days), the bank collects debts on its own, and starting from the 61st day, transfers the debt to collectors for collection. There are exceptions when the bank transfers the case to the CA after the thirtieth day, or vice versa after the 180th, but we will not focus on details, but will concentrate on the most common schemes of the debt collection system.
Typically, the debt is transferred to a collection agency for 3-6 months. If during this time the debt could not be collected, or the debt was not fully collected, then it is transferred to another CA, then to a third, and so on, until the bank decides to use the tactics described in paragraphs a, b, c ,d,e.
What collection tools do Banks use to collect debt:
– SMS notification
– calls to home, mobile, work (including calls to friends and relatives if their phones are found).
-voice notifications (auto-informer)
-letters
-departure of a collection officer directly from the bank itself to your home or work;
- transfer of debt to collection agencies that use the same tools.
As we wrote earlier, the list of events depends on the period of delay. The higher the term, the stricter the methods. Despite the fact that both bank collectors and collectors working in KA and MFOs use the same tools, the bank is controlled by an organization such as the Central Bank of the Russian Federation, and therefore take fewer liberties in communicating with the debtor than KA and MFOs.
Who are Collection Agencies?
A collection agency is a company that specializes in debt collection. In most cases, the agency is engaged in the recovery of debts to banks of both individuals and legal entities. It can completely buy out the loan portfolio from the bank, that is, enter into an assignment agreement with it, or collect the debt under an agency scheme, in other words, on behalf of the credit institution.
As a rule, spacecraft are independent legal entities and they are connected with the bank only by contractual relations. But there are also CAs that are created by the banks themselves. For example, Asset Business Collection is a structure of Sberbank, Sentinel Credit Management belongs to Alfa-Bank.
What is an Agency Agreement?
This is an agreement concluded between the bank and collection agency, which does not imply the sale of the debt, but its transfer to a collection agency for some time, usually 3-6 months, for collection by the agency.
The agency agreement states that if the agency collects the debt (in whole or in part), the bank pays it an agency fee. The size of this remuneration varies and depends on many indicators, such as the period of overdue debt at the time of transfer to the debt collector, the collection efficiency of the collection agency, i.e. the amount of money collected in relation to the amount of the transferred debt, etc. But on average, the reward is 23-25% of the amount collected. There is no need to worry that the cost of CA services will increase your debt; these costs will fall solely on the bank.
What is an assignment agreement?
This is an agreement concluded between the bank and the collection agency in accordance with Article 382 of the Civil Code of the Russian Federation, according to which the bank completely sells the debt to the agency with the transfer of the right to claim the debt. Those. after such a sale, KA becomes your new creditor, now you owe money not to the bank but to the collection agency, the bank no longer has anything to do with this debt, and even if you go to repay your debt to the bank, it will transfer it to the agency that bought your debt.
The bank sells debts not one at a time, but thousands of debtors at once. Sometimes even hundreds of thousands.
At what cost do CAs buy out debts under assignment?
The price depends on many factors, such as: overdue period, type of loan, average amount of debt, presence or absence court decision, writ of execution and etc. If earlier (2008-2013) banks sold debts to collectors for 10-12% of full amount debt, now the people have become poorer, debt collection has become more difficult. Due to the economic situation in the country, loans for legal entities have become more expensive and it has become unprofitable for collectors to buy debts on assignment. But banks also don’t want to keep bad assets on their balance sheets so as not to spoil their financial statements, so they are ready to sell debts for mere pennies. So in 2016, the maximum value of debts under the assignment does not exceed 1.5% of the total debt.
You ask: -Why don’t I pay the bank myself, say, 2% of my entire debt, provided that the bank forgives me everything else?
Answer:
Firstly, if the bank forgives debts without selling them, on its balance sheet, they will have tax consequences, for you, by the way, too.
Well, secondly, if the bank introduces such a vicious practice on a permanent basis, then all borrowers will abruptly stop paying and will wait for the bank to offer them to pay off their debt for 2%.
Although, it must be admitted that in 2015-2016, MTS Bank practiced petitioning up to 90% of the debt on its balance sheet. And Credit Europe Bank offers its hopeless debtors the following scheme:
The debtor himself looks for the assignee, i.e. a person who will buy his debt from the bank. Perhaps it will be your friend or close relative, to whom you yourself will give money to purchase your debt. Of course, in such a situation, the bank sells this debt not for 2%, but for more. But as a result of this transaction, the bank loses the right to claim the debt from you and transfers it to a new creditor - your friend (assignee). And along with the right to claim, all original documents, such as loan agreement, original PTS, etc.
The main thing is to then take these documents from your friend (relative), because according to the law, he now has every right to demand that you pay the entire amount of the debt. And if, God forbid, you quarrel with him and he goes to court, he may not worse than the bank collect the N amount from you.
If the debt was nevertheless purchased by the CA, it begins to collect money from the debtor to its current account, because Now you owe it to a collection agency rather than to the bank. The same tools are used - SMS calls, auto-informer, letters, visits, transfer of the case to court. But now communication with you becomes tougher, because... Now the CA does not have to report to the bank for its actions. The bank has nothing to do with you now.
What to do if your debt is bought by collectors?
To begin with, ask for documents on the assignment of the right to claim the debt. Article 385 of the Civil Code of the Russian Federation states:
1. The debtor has the right not to fulfill the obligation to the new creditor until he is provided with evidence of the transfer of the claim to this person.
A creditor who has assigned a claim to another person is obliged to transfer to him documents certifying the right of claim and provide information relevant to the implementation of the claim.
Most often, they will either not show you anything at all, or they will send you a regular letter containing a notification about the assignment of rights. But, firstly, you must admit that with a regular letter, the collectors will not record the fact that you received it, and secondly, I’ll even now write a dozen notifications that you owe it not to the bank, but to me. This means that collectors have only one way - to go to court, and there to prove their rights to your debt. Oh, yes, sometimes collectors may stop by to deliver the notice to you personally. Don’t take anything from them, and especially don’t sign anything! If the door has already been opened...
By the way, it often happens that the bank sold your debt to a collection agency, but did not transfer your credit file, including the original loan agreement, well, these documents were lost in the archive, what can you do now... And without documents confirming that you had a loan and have debt on it, you won’t go to court and nothing will be brought against you. So they will just call you and threaten that they will come, there is nothing else they can do, and according to the law they will not be able to collect the debt from you, much less describe the property.
By the way, collection agencies that have purchased debts from the bank often practice forgiveness of up to 80% of the debt. That is, if you pay 20% of your debt, the CA will issue you a document stating that the debt has been repaid by you and the CA has no financial claims against you.

Tip 1

Record conversations

Federal Law of July 3, 2016 N 230-FZ "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" (or, as it is commonly called , "Law on Collectors") strictly regulates the rules of communication between collectors and debtors.

According to the law, collectors or employees of the collection department of a bank or microfinance organization have no right:

• use physical force against debtors;
• threaten to kill or cause harm to health;
• humiliate the honor and dignity of the debtor;
• threaten criminal liability;
• “paint the walls” at the debtor’s entrance;
• Post leaflets or otherwise distribute information about debt.

The law is quite young and is not always observed by employees of collection agencies. Therefore, we recommend recording conversations with debt collectors. And in case of incorrect communication with you, immediately complain to Federal service bailiffs of Russia. To do this, just register on the official website http://fssprus.ru/ and send a complaint through the “Online Reception” section, attaching documents confirming violations of the law by the collectors. This will help the law to work in full force.

Tip 2

Ask to introduce yourself

Collectors are required to introduce themselves before starting a conversation. You are required to provide: full name; job title; Name of the organization; clarify on what basis they are dealing with your debt. There can be two options: an agency agreement with the bank that issued the loan to you, or an assignment agreement with the same bank. In the first case, the loan debt remains owned by the bank; collectors are only hired to provide debt collection services. In the second case, your debt was transferred from the bank to collectors, i.e. You no longer owe the bank anything; all interaction will now be only with collectors.

If they refuse to provide you with the above information, do not hesitate to say: “Sorry, but without this information I see no point in continuing the conversation, because... It’s not clear who you are and what you need from me.” If calls of a similar nature continue to arrive, you need to contact law enforcement agencies, having previously recorded the telephone conversation. This is nothing more than extortion - an article of the criminal code.

Tip 3

Request a document confirming the authority of the collection agency

Ask to send an agency agreement or assignment agreement to your address by registered mail (depending on what method of cooperation is used between the bank and the collection agency), in order to make sure that the caller or visitor has any authority to communicate with you regarding your debt. Until you have documentary evidence, you can safely end the conversation with the phrase: “Unfortunately, I do not have documentary evidence of your authority. Therefore, I consider the conversation pointless.”

Tip 4

Tone of voice

There is no universal formula here, because... Each person is individual. But try to turn off anxiety as much as possible, turn on indifference and communicate calmly. To all the attacks and psychological pressure addressed to you, answer just as calmly and clearly, do not get worked up, because... in the process of communication, collectors are looking for your weak points, and if you change your tone to a nervous one, for them it will be a sign of “hitting the target.”

Get help from a loan lawyer

Tip 5

Explain the reason for the lack of payments

If the creditor calls you for the first time, briefly explain your situation, as a result of which you cannot pay the loan. It is clear that often collectors are not interested in your arguments; their task is to receive payment as soon as possible. But in the future, if the calls begin to be too frequent, you can refer to the fact that you have already explained the situation and do not want to repeat the same thing 50 times.

Tip 6

Model answers

The conversation between collectors follows certain templates (sets of standard phrases), so if you don’t have money to pay the loan, and you understand that your arguments about losing your job and the inability to pay off loans are not interesting to your interlocutor, and the purpose of his calls and visits is simply you “ to get sick of it”, also answer with the most standard short phrases: “yes”, “no”, “hardly”, “I’ll try”, “I don’t refuse to pay, there’s no way now”, “I don’t know”, “I know”, “from me it doesn’t depend”, “it’s your right”, etc.

Here is a typical conversation between a debt collector and a borrower:

This question is answered by the Plenum of the Supreme Arbitration Court No. 42 of July 12, 2012. The text of the plenum is difficult to understand, but its essence is as follows:

Collector: Will you pay on the 25th or 26th?

You: Don't know.

Collector: Who knows?

You: I don’t refuse to pay, there’s no way now!

Collector (in a raised tone): WHEN WILL SHE APPEAR?!

You (calmly): I can not know.

Collector: THOSE. YOU REFUSE TO PAY?!

You: No. No possibility now!

etc.

You: Don't know.

Tip 7

Without a piece of paper - you're a bug

During the conversation, you may often be offered various options for partial “debt write-off” and suspension of the accrual of penalties and fines. This, in principle, is the correct approach on the part of banks and collectors, but often they use such tricks simply to get some amount from you. Here are real examples: “Pay 10,000 by tomorrow, and we will not transmit information about your delinquency to the credit history bureau,” or “Pay 20,000 by the 20th, and I will forgive you 50,000,” etc. In the first case, the claimant is clearly disingenuous, because information in the credit history bureau is received automatically, and an ordinary employee cannot influence this in any way (more about credit histories acc. article). In the second case, the phrase “I will forgive” immediately confuses him; maybe he will forgive, but the bank?! Therefore, if you are ready to make any concessions in a conversation, ask to document this in the form of an additional agreement to the loan agreement. Without a signed document, these are just words...

Tip 8

Send claimants to court

If you understand that in the next month or two you will not be able to restore payments according to schedule, and your small payments do not reduce the debt, but on the contrary continue to grow. In court, there is a chance that the loan agreement will be terminated. In this case, the debt will be fixed (more details in the article), you will be able to reduce penalties and fines. Although callers really don’t like these words, do not hesitate to say: “At the moment, the best option for you and me would be to go to court. And according to the court’s decision, I will pay the bailiffs,” or “Unfortunately, the payments that are feasible for me now do not lead to a reduction in the debt, so I see no point in paying to nothing. It’s better for you to go to court, according to which I will continue to pay.” And don’t listen to the arguments of the collectors that it will only get worse in court, that everything will be pinned on you court expenses, the debt will increase significantly. The debt in court is often greatly reduced, and most importantly, it is fixed (if the loan agreement is terminated by the Court), “the counter stops.”

Get protection from debt collectors for free

Tip 9

Be as prepared as possible for the conversation

At your disposal are the vast expanses of the Internet and our resource, thanks to which you can hold back any onslaught from collectors and bank collection services absolutely free of charge. If you find yourself in a difficult situation and can no longer pay your loans, read our website from cover to cover, and we are sure that you will find answers to all your questions and will be able to independently develop a strategy for behavior and getting out of debt. We do not recommend resorting to the services of anti-collectors and all kinds of financial protection at the stage of communication with collectors, because collectors will only be angered by the fact that you found money to pay for services third party organizations, but don’t pay them money. Read more in the articles: “Anti-collectors”, Law firms: how not to buy air?.

Using our advice in conversations with debt collectors, you will create the image of an impenetrable, competent client and, with an understanding of the futility of “standard tricks,” will push you to quickly transfer the case to court. And after receiving a court decision, if the debts are unbearable, you will be able to “write off” them through the procedure