Tip 1

Record conversations

Federal Law No. 230-FZ of July 3, 2016 "On the Protection of Rights and Legitimate Interests individuals when carrying out activities to return overdue debts and on amendments to the Federal Law "On Microfinance Activities and Microfinance Organizations" (or, as it is commonly called, the "Law on Collectors") strictly regulates the rules for communication between collectors and debtors.

According to the law, collectors, or employees of the collection department of a bank or MFI, are not entitled to:

• use physical force against debtors;
• threaten to kill or cause harm to health;
• humiliate the honor and dignity of the debtor;
• threaten with criminal liability;
• "paint the walls" at the entrance of the debtor;
• put up flyers or otherwise distribute information about the existence of debt.

The law is rather young and is not always observed by employees collection agencies. Therefore, we recommend recording conversations with claimants. And in case of incorrect communication with you, immediately complain to the Federal Bailiff Service of Russia. To do this, it is enough to 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 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; specify on what basis they are engaged in your debt. There can be two options: an agency agreement with the bank that issued you a loan, or an assignment agreement (cession) with the same bank. In the first case, the loan debt remains owned by the bank, collectors are only involved in providing debt collection services. In the second case, your debt was transferred from the bank to collectors, i.e. You don’t owe anything to the bank anymore, all interaction will now be only with collectors.

In case of refusal to provide you with the above information, do not hesitate to say: “Sorry, but without this information, I see no reason to continue the conversation, because. It is not clear who you are and what you need from me. If you continue to receive calls of a similar nature, you need to contact law enforcement agencies, having previously recorded a telephone conversation. This is nothing but extortion - an article of the criminal code.

Tip 3

Request a document confirming the authority of the collection agency

Ask to send by registered mail to your address an agency agreement or an assignment agreement (depending on which method of cooperation is used between the bank and the collection agency) in order to make sure that the caller or the visitor generally has any authority to communicate with you about your debt. As long as you do not 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 meaningless.

Tip 4

Tone of voice

There is no universal formula here, because each person is individual. But try to turn off the excitement as much as possible, turn on indifference and communicate calmly. to all attacks and psychological pressure to your address, answer just as calmly and clearly, do not start, because in the process of communication, claimants are looking for your weak points, and if you change your tone to a nervous one, this will be a sign of “hitting the target” for them.

Get help from a loan lawyer

Tip 5

Explain the reason for not paying

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 collectors are often not interested in your arguments, their task is to receive payment as soon as possible. But in the future, if the calls start 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

Sample Answers

The conversation of claimants follows certain patterns (sets of typical phrases), so if you don’t have money to pay off a loan, and you understand that your interlocutor is not interested in your arguments about losing your job and inability to pay loans, and the purpose of his calls and visits is just you " zadolbat”, also answer with the most template short phrases: “yes”, “no”, “hardly”, “I will try”, “I don’t refuse to pay, there is no way now”, “I don’t know”, “I know”, “from me it does not depend”, “it is your right”, etc.

Here is a typical conversation between a 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 do not refuse to pay, there is no possibility now!

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

You (calmly): I can not know.

Collector: THOSE. YOU REFUSE TO PAY?!

You: No. No option now!

etc.

You: Don't know.

Tip 7

Without a piece of paper - you are an insect

In a conversation, you can often be offered various options for partial “debt cancellation”, suspension of the accrual of penalties and fines. This is, in principle, the right 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 transfer information about your delay to credit bureaus”, or “Pay 20,000 by the 20th, and I will forgive you 50,000”, etc. In the first case, the creditor is clearly disingenuous, because information in the credit bureaus 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” is immediately embarrassing, he, maybe, will forgive, but what about the bank ?! Therefore, if you are ready to make some 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 the schedule, and your debt does not decrease from your small payments, but rather continues 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 these words are very disliked by the callers, feel free to say: “At the moment, the best thing for you and me will be going to court. And by court order, I will pay the bailiffs”, or “Unfortunately, payments that are feasible for me now do not lead to a reduction in debt, so I see no reason to pay anywhere. It is better for you to apply to the court, by the decision of which I will continue to pay. And do not listen to the arguments of collectors that it will only get worse in court, that everything will be blamed on you court expenses the debt will skyrocket. 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 collector protection for free

Tip 9

Be as prepared as possible for the conversation

You have at your disposal the vast expanses of the Internet and our resource, thanks to which you can absolutely free of charge resist any onslaught from collectors and collection services of banks. If you find yourself in a difficult situation and can no longer pay loans, read our website from cover to cover, and we are sure that you will find answers to all your questions and 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 the services of third-party organizations, but you don’t pay them money. More details in the articles: "Anti-collectors", Law firms: how not to buy air?.

Using our advice in conversations with claimants, you will create an image of an impenetrable competent client and, understanding the futility of "typical tricks", will push you to the speedy transfer of the case to court. And after receiving a court decision in case of unsustainable debts, you can “write off” them through the procedure

In order to find out what the amount of debt on the loan and what interest you have been charged for using it, you have at your disposal self-service channels - Internet Banking, Mobile bank, SMS-Bank-Info, Call Center, as well as offices of the Bank.

What does the debt collection department of a bank do?

At the stage when the loan agreement is transferred to the collection department, special employees begin to work with it. As a rule, these are already experienced workers in the field of “soft debt collection” (specialists in working with overdue debts), including former representatives of law enforcement agencies. The approximate period that the contract stays in this department is 6-8 months.

Bank collection department

Important! The claims department of the bank is more loyal to debtors than ordinary collectors. According to the complaint of the borrowers, an employee who goes too far can be fired, which cannot be said about agencies where psychological impact is a standard work carried out with a person.

Debt Collection Department

Most citizens get scared, get into new debts, but pay off the loan. A minority tries not to notice the threats, sends the calling bank employees to hell and stubbornly does not pay. At the same time, banks by their actions violate several norms of the law at once. As soon as the borrower has overdue the first payment on the loan, a not very polite employee of the collection department calls him and demands to pay immediately, not only the overdue payment, but also a penalty for the delay.

There are many nuances of the forced return of funds on a loan, which are often unknown to the average layman. The Prosecutor General's Office, the Ministry of Internal Affairs and the Investigative Committee received from the Central Bank information about the facts revealed during the inspection by the Probusinessbank regulator, which, according to the Central Bank, contain elements of a crime.

1. The branch "Department for the recovery of alimony in the city of Aktau" of the Department of Justice of the Mangistau region of the Ministry of Justice of the Republic of Kazakhstan (hereinafter referred to as the branch) is a structural unit of the Department of Justice of the Mangistau region (hereinafter referred to as the Department), which forms single system bodies of justice.

Judicial Collection Department

Collectors happily threaten you with criminal liability under Article 177 of the Criminal Code of the Russian Federation? Yes, there is such an article called "malicious evasion of repayment accounts payable". It is still problematic to bring anyone under it, especially debtors on consumer loans, because for the onset of criminal liability, several conditions must be present at the same time:

Debt collection

From January 2020, the authorized structures have the right to collect debts for the "communal" in simplified procedure. Organizations initiate a lawsuit, the court, on the basis of the evidence presented, issues a writ of execution, which is sent either directly to the debtor's bank or at his place of work.

Department of pre-trial collection

The first stage - the stage of Soft collection - at the initial level is accompanied by a client manager (loan officer), and then - by the department for working with bad debts. In small enterprises, these functions can be combined and performed by one person. This could be a client manager or even a CEO.

Pre-trial collection procedure

The main thing then is to 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 can not worse than a bank collect from you the N-th amount.

9 Tips for Dealing with Collectors and Bank Collection Services

The conversation of claimants follows certain patterns (sets of typical phrases), so if you don’t have money to pay off a loan and you understand that your interlocutor is not interested in your arguments about losing your job and inability to pay loans, and the purpose of his calls and visits is just to “fuel you ”, also answer with the most template short phrases: “yes”, “no”, “hardly”, “I will try”, “I don’t refuse to pay, there is no way now”, “I don’t know”, “I know”, “this is from me does not depend”, “it is your right”, etc.

Department of Regional Judicial Collection Service

The State Duma adopted bill No. 985767-6 “On Amendments to Certain legislative acts Russian Federation(in terms of clarifying the provisions on property valuation)”. According to the document, banks will be able to collect debts on loans without court decisions.

Department of pre-trial collection

In case of non-payment of your debt under contract No. 0101408***4 in the amount of * thousand rubles. Until July 25, 2014, representatives of the Department of Enforced Collection are planning a visit to your place of residence to identify and inspect the property, as well as determine the possibility of its further sale by the authorities Federal Service bailiffs. I know that I have no debts.

Department of pre-trial collection

Lawyer 9111.ru Reviews: 16 157 | Answers: 50 190 If they arrive, do not open the door, call 02. Do not pay until the court decision. Courts usually significantly reduce%, penalties, fines. If it comes to the court, then you can send an Application to the Court with a request to grant a deferral or installment plan, if the court refuses, you can try to resolve this issue with the bailiffs.

The principle of operation of the national collection service (NSV), official website

Life on credit is a deceptive joy from almost free benefits that appear just like that, and for which you have to pay sometime later. The debt obligations under the loan agreement are negligently treated by a large percentage of citizens, sufficient for the emergence and stable operation of both the national debt collection service and the internal security services of financial organizations.

If your loan debt is growing, and no amounts, even the most insignificant ones, are received, the bank begins to “worry more”. If you have no desire, due to the fact that the penalty is already going through the roof, to pay something to the bank - wait until the bank sue, otherwise all your meager attempts will be written off as an unfair penalty. Your principal debt will not be affected in any way. It's easier not to pay out of court and wait for the trial. Do not carry water with a sieve! After, depending on the internal instructions and fantasies of the bank, the following were applied to you: auto-dial (auto-dial, auto-informer), SMS informing, calls from the call center, and all this did not help - ORPZ comes into play. This general abbreviation stands for Problem Debt Department, or problem debtors. The name may change from bank to bank. There are departments for distressed assets, there is a collection department and a lot of other variations. They all have the same essence - their task is to "convince" you by phone to urgently pay everything and everything at once. These departments are located directly in the banks, they are fully aware of the nature of your debt, they have all your contacts and data. As a rule, when they call, they do not comply with the Law “On Personal Data”, but immediately go to the question of your arrears.

Pre-trial collection process in 2018

The principle of influence as they were taught - they ask, like bosses, and you report, answer, make excuses, try to delay something (subordinates). It is not good to allow anyone to apply to you the banal psychology of pressure, which over time can lead to the moral state of the debtor (slave). Remember that you are a HUMAN and a citizen. As soon as you change the direction of the conversation and ask a question or questions, things start to become more difficult for bank employees. As soon as the words are heard from you that you are required to introduce yourself in accordance with the Law, you start asking something - you will be recorded REFUSAL. In general, employees of banks, call centers, collection agencies like to record refusals. It doesn't affect anything in your case. Some go further and try to intimidate or crush you at the psychic level. Be that as it may, all this talk is about nothing. If you, it is you, and not the bank, decided to pay only in court, then just wait until the bank will sue and all. For each phone call feel free to answer - EVERYTHING is in court! Dot.

Terrible names in the style of the PROBLEM debt department or the COLLECTION department and other things are nothing more than zilch. It doesn't matter where they call you from, you still won't be able to identify the person on the phone. If you want to talk - talk, as soon as you are tired or tired - hang up! You don't have to discuss your financial joys with anyone. Everywhere and everywhere the principle of documentation applies, so let them send you properly certified documents. There is a dispute - in the COURT! Unlike other departments and call centers, these people, if you are interested, can provide information about your debt in terms of the number of days and amount, although, in fairness, in some banks they give approximate amounts, which reduces the conversation with them to zero. Approximately pay, as we understand it, is not true, and the phrases from the department employees: “You throw in a little more with a margin” indicate a negligent attitude towards customers in an institution where accounting must be accurate to the penny.

As soon as various departments could not cope with you, and calls do not work on you, and text messages are not a burden to you, and employees hang up when talking to you, although you do not insult them, “your business” travels to the main depot - to bank security.

Tags:bank sues, loan debt, overdue debt

Pre-trial collection procedure. How does this happen

collection credit debt carried out on a case-by-case basis. The simplest and least expensive method for the debtor to collect credit debt is pre-trial negotiations, during which disputes are settled and the procedure and terms for repaying debts and paying compensation are fixed.

Pre-trial collection- this is a method of debt collection, built on the basis of negotiations between competent specialists and debtors, the purpose of which is to resolve the issue of debt repayment with minimal financial losses, both for the debtor and for the Bank.

Pre-trial debt collection ranks first among all possible ways settlement of conflicts related to debt. The main reason for this is that this method is beneficial not only to the creditor, but also to the debtor: it allows both parties to avoid significant time, labor and financial costs. At the stage of pre-trial recovery, it is possible to resolve the issue of debt repayment on mutually beneficial terms for the debtor and creditor using various forms of debt restructuring, the use of various types of installment plans for the fulfillment of financial obligations.

It is very important for the lender and the Client to identify and localize the causes of credit debt at an early stage or during preventive measures. In this case, the efficiency of work both on the part of the creditor and the debtor, aimed at preventing the occurrence and repayment of credit debt, will be maximum.

The main stages of pre-trial debt collection:

• Preliminary informing the Client about the maturity of the debt.
• Notification of debtors about an obligation not fulfilled in a timely manner (sms-informing, delivery of voice messages, sending e-mails).
• Carrying out telephone conversations, advising debtors.
• Preparation and sending to the debtor of written notices of debt repayment:

• Control of receipt of payment.
• Meetings and negotiations with the debtor at the location of the latter.

The next stage of debt collection is the presentation of a claim by the creditor to the debtor. The claim is the beginning of both the pre-trial and judicial stages of debt collection, since, according to the legislation of Ukraine, when filing a claim, a statement of claim must be accompanied by a document confirming the intentions of the parties to resolve the dispute out of court.

If the methods of collecting credit debt, which include negotiations and other pre-trial procedures, do not work, and the debtor still evades obligations, the Bank proceeds to the next stage of civil law relations - forced debt collection. This, in turn, implies additional material costs for the debtor, as well as an increase in the time frame for debt settlement.

If the creditor, together with the debtor, at the stage of pre-trial work, could not resolve the issue of repayment of the debt, and it is no longer possible to resolve this issue in any other way, it should definitely be resolved in court. And the creditor can solve it quite successfully.
 

id="voprosy-i-answer" >Questions and answers

We remind you that when paying by card in stores, you may be required to present a passport or other identification document. Provision of credit funds to you is carried out during the business day in the amount necessary for this operation, within the unused balance of the credit limit.

In order to find out what the amount of debt on the loan is and what interest you have been charged for using it, you have at your disposal self-service channels - Internet Banking, Mobile Banking, SMS-Bank-Info, Call Center, as well as Bank offices.

Statements of your accounts for the past calendar month are formed monthly, no later than the 5th business day of the current month.

Department of pre-trial collection what is it

It has the authority to collect debts on court decisions from citizens of Russia and legal entities on the territory of the Russian Federation.

And, along with this, for any claimant there is the possibility of independent actions to visit the website to execute the court decision on the basis of writ of execution issued by the court.

In order for the FSSP to take over the recovery, a statement from the plaintiff is required. And, on the basis of this application and the writ of execution, the Bailiff Service within 3 days issues a decision to initiate enforcement proceedings.

Pre-trial debt collection

We do not resort to dubious methods of debt collection and act within the framework of the legislation in force in the Russian Federation, while using original ways of influencing the debtor. Pre-trial debt collection occurs with the development of an individual strategy in each situation.

Pre-trial debt collection is one of the main ways to quickly repay a debt with minimal loss of time, as well as labor and financial costs for both sides.

Pre-trial settlement of disputes

They are stated in the claim and must compensate for the damage that was caused to him as a result of the unlawful actions of the person. This method of dispute resolution has many advantages.

First, you can avoid unnecessary costs Money. At a minimum, filing a claim will require payment of a court fee. Add to that the cost of copying and collecting required documents, and you will understand that resolving a dispute in court is a really costly process.

Dudin Alexey Sergeevich

After all, debtors pay first of all to those who “pull” them, and lastly to those who humbly await the awakening of the debtor’s conscience.

Having learned about the debt collection department that exists with partners or competitors, Russian executives decide to create a similar department in their company. They allocate a place in the office, buy furniture and office equipment, recruit staff and believe that the department of "debt fighters" is ready.

Tasks and tools for debt collection at the stage of pre-trial (out-of-court) proceedings

The first stage - the stage of Soft collection - at the initial level is accompanied by a client manager (loan officer), and then - by the department for working with bad debts. In small enterprises, these functions can be combined and performed by one person. This could be a client manager or even a CEO.

The main tools of this stage are letters, calls, claims, notifications, SMS messages, which do not require personal contact with the debtor.

Our services

negotiations with the debtor.

Conducting telephone conversations with the debtor on the subject of repayment of debt (warning of the need to repay the debt as soon as possible, informing the debtor about the consequences of non-fulfillment of obligations);

Verification, administrative support and management of the Client's receivables (receiving information by phone from the authorized

Collection department

annual maintenance of the card (but how do they make me pay for unconfirmed transactions? It doesn’t fit in my head). And another 700 rubles. where? I don't understand. I think this is the imperfection of the system + the employees are not people there, but robots that cannot think for themselves.

And yet, in my opinion, the bank distributes information to third parties, because.

What is pre-trial debt collection

called my mother and told me the amount of the missed payment from

Department of pre-trial collections

And this time, for some reason, he was in no hurry to repay the debt. Morally, I was ready to sue him, but I decided to first contact Andrey Malov and Partners, which a friend of mine recommended to me, saying that this is a kind of pre-trial recovery department, since they are taking all possible measures to resolve the dispute without trial. As a result, the lawyers of this company successfully represented my interests, and my buyer

Not so long ago, the Russians learned that banking organizations began to apply new scheme collection of debts.

Department of pre-trial collection

Due to the innovations that were supposed to come into force with the onset of 2017, panic rose in society.

We will tell you how the pre-trial procedure for collecting debts goes, who should be afraid and what to expect in the near future.

What does the new simplified scheme look like?

Banking organizations began to apply new debt collection scheme from their clients.

To do this, now bank representatives do not need to apply to the court and “knock out” debts by decision of the authorities, but only come with documents to a notary and get his signature.

Known that representatives of banks will not, and cannot, change loan agreements previously concluded with individuals, because there are no legal rights to this.

To simplify the scheme of work, it is now enough for a bank representative to take an order with an executive inscription from a lawyer.

The document will confirm that he can apply to the bailiff service without a court decision, who will return the funds to the organization.

Who will be affected by the new debt collection procedure?

Of course, not all individuals will be involved in this process, but only those who have:

1. Debt to a banking organization for a period of at least 2 months.
2. A new type of agreement, which contains a line on the pre-trial procedure for collecting debts. Note that there was no such clause in the old contracts. A line in the new documents could have been added in the summer of 2016, when the bill was passed.

According to the innovations, the bank representative must prepare documents confirming that the client is a debtor and has not fulfilled its obligations for 2 months already.

In addition, the specialist must notify the client in advance, approximately 2 weeks in advance that he will be forced to turn to a notary.

They will also take into account whether the client has an additional agreement with the bank.

There is another version of the development of events. According to Alexey Barikhin, lawyer of the Association public organizations"Civil Control", a citizen has every right to apply to the court and file statement of claim with their claims to the creditor.

However the best option– negotiate with the bank and come to a compromise solution on debt payments.

Advantages and disadvantages of the pre-trial debt collection procedure - what is the opinion of experts?

Basically, the benefits of innovation will relate to banking organizations.

We list what will be good from the pre-trial procedure for collecting debts:

1. The main plus is that the procedure, the collection scheme will be simplified.
2. The rate of return of funds to the organization will increase.
3. The expenses of banks, which were spent on judgment affairs. It will cost less to go to a notary.

According to Yulia Tarasova, Deputy Director of the Troubled Assets Department at VTB24, the costs of banking organizations will be significantly reduced. This will happen because the amount of the state fee for the services of a lawyer will be lower than the amount for applying to the court.

But the disadvantages of the innovation will affect borrowers-debtors and collection agencies:

1. Collectors will be contacted less frequently, as the bank will directly cooperate with bailiffs, while it will not matter whether there is a court decision or not.
2. There will be less work for collection agencies, which means that a reduction in the number of firms cannot be avoided. And in general, according to the general director of the Center for the Development of Collections, Dmitry Zhdanikhin, the pre-trial collection procedure means a reduction in the market.
3. Borrowers-debtors will not be able to establish relations with the bank and enter into negotiations.
4. Clients of organizations will have to defend the rights through the courts. This is exactly what Dmitry Yanin, Chairman of the Board of the International Confederation of Buyers' Societies, put it. He believes that now it will become impossible for citizens to agree with the bank without third parties and organizations on possible debt payments.

Perhaps, it can be unequivocally said that the adopted bill was adopted for the benefit of only banking organizations.

It is worth noting that it will not be changed and will operate in full from the beginning of 2017.

More related articles

Pre-trial collection service

Loans are becoming more available and in demand. They promise not only benefits, but also costs and problems. The funds are not always returned by the debtor, which leads to losses of the creditor and even his bankruptcy. For this reason, if the organization is large and regularly engaged in the provision of loans, it is better to open a debt collection department and organize its work.

What is a debt collection department for?

This debt collection structure is engaged in the following activities:

• Consideration of applications from potential borrowers;
• Checking documents before disbursing funds;
• Paperwork for issuing a loan;
• Debt collection procedures.

The specifics of a particular collection structure depend on which loans and borrowings the company specializes in. For example, work on the withdrawal of funds differs in the following cases:

• The borrower is a natural or legal person. How it happens, you can learn from a separate article on how to collect a debt from an individual -;
• Provided consumer or mortgage, the procedure for collecting debt under the contract;
• Loans differ depending on the period for which they are provided: long-term, short-term.

But, regardless of the type of loan, the debt department works in a similar way.

The department will be effective only if it is properly organized.

Assessment of credit characteristics

The collection department does not work with all types of loans. He can be entrusted with those debts that are problematic. But each department has its own categories for evaluating loans.

According to the Regulations of the Central Bank, all loans are divided into the following categories depending on the probability of their default:

• Standard. Non-payment risk indicators are assessed as zero;
• non-standard. The risks are 1-20 percent;
• Doubtful. Risks are estimated at 21-50%;
• problematic. The probability of non-return is 51-100%;
• Hopeless. This category includes a money back guarantee.

The collection department accepts loans, starting with doubtful and problematic ones. It is extremely rare for non-standard debts to be transferred to him. Banking structures may use their own loan evaluation criteria. For calculations, indicators and coefficients are required, the formula for the coverage ratio of loan debt. The current financial condition of a person, as well as his ability to cover debts, is taken into account. For example, when assessing debts, the following indicators are used:

• The period during which payments are not made;
• The ratio of the current turnover of the organization to the amount of the loan taken by it;
• The amount of profit of a legal entity for the last reporting period;
• Average turnover, according to bank accounts, per month.

The collections department may use other options.

The more factors that are taken into account when making a decision on issuing a loan, the higher the probability of repayment of the debt.

Features of the collection department

The collection department operates approximately according to the following algorithm:

1. Sending a claim to the place of residence of the debtor. The claim describes, as well as the timing of its repayment. As a rule, they are 30 days;
2. Attempt to establish contact with the debtor. This is done by calling the phone numbers indicated by the borrower in the questionnaire. If the client does not answer the calls, they start calling his relatives, bosses, colleagues. The purpose of these actions is to convey to the person an invitation to the collection department;
3. Negotiation. If it was possible to contact the person, and he came to the department, he is offered possible ways to solve the accumulation of debts. This may be an extension of the term for paying debts, forgiveness of the accrued penalty, refinancing in another banking institution.

At this stage, most debtors cover their obligations. The problem can be considered solved. The loan agreement is sent to the archive. The borrower is issued a document on closing a personal account. He will be able to take the next loan only after 6 months.

In the event that a certificate of account closure has been issued to a person, the bank does not have the right to make any claims against him. This is a document with legal force, indicating the payment of the debt.

Debt collection department is opened by large credit organizations.

If the borrower does not make payments, the collection department works on the following points:

• The loan agreement, on the basis of which the debts appeared, is sent to the legal department. Litigation initiated;
• The document is sent to mobile groups. After that, the debtor is regularly visited by employees at home or at the place of service;
• The document is sent to the anti-fraud structure. This option is possible if a person has submitted false documents to obtain a loan;
• Collection agencies are involved in collecting debts.

The debt collection structure does not apply to every banking institution. Most often, it is available in banks that provide loans with high risks. This credit cards, fast and consumer loans. If this structure is absent, the debt may immediately end up with collectors.

Department structure

There is a recommended structure for the collection department in which it will work most efficiently. Its formation depends on the volume of problem loans. The following types of specialists work in such a structure:

• Debt collectors. They are engaged in negotiations with the borrower, finding out the reasons for the lack of payments. Such specialists should receive information about the person's ability to repay their obligations. They are responsible for the documentary part of the case;
• Lawyers specializing in debt collection. Their responsibility is to check the literacy of the legal execution of documents and procedures that other specialists are involved in. They are also involved in checking the documents submitted by the borrower, drawing up a loan agreement;
• Specialists in the collection and analysis of data on the borrower-debtor. Information is collected in many ways. But one employee is responsible for this. This activity is necessary to exert the required pressure on the debtor, check his accounts, and decide on the advisability of going to court.

The methods of obtaining data depend on who exactly the borrower is - a legal entity or an individual. The specialist assesses the person's ability to repay existing obligations. Further ways of working with debts depend on the information received by him. Sometimes, in the case of bank accounts, it is advantageous to contact a judicial institution. In other cases, it is advisable to order the services of collectors.

In what ways is information obtained? The easiest way to obtain the necessary data is if the debtor is a legal entity. The specialist has the ability to track financial statements, movement financial resources on individual accounts. Of interest are data on major transactions made, which are published in the media.

Obtaining data about an individual is more difficult. However, an employee can check the status of his bank accounts, the amount of salary.

Forcing a person to repay debt is far from the only part of the work that the structure in question performs. Equally important is getting the full picture. financial condition debtor. From this information, a competent decision on further actions depends.

Interaction of employees of the structure

The interaction of employees of the department determines the internal regulations of the organization. The final result depends on the consistency of their activities. With coordinated work, specialists will be able to reduce the number of problem loans. This is done by checking information about the borrower, his financial capabilities. legal check loan agreements, their competent conclusion allows, if necessary, to quickly resolve all issues with debts through the court.

The well-established work of the structure has the following advantages for the company:

• Quick repayment of debts;
• Proper legal execution of all documents;
• Quality work with the borrower;
• Competent conclusion of the loan agreement;
• Financial stability of a banking institution.

Is it worth organizing a collection department? It depends on the characteristics of the company. If it is small, it has a small volume of problem loans, opening a separate structure may cause more losses than benefits. In this case, it will be easier to refer to third parties.

However, this necessary measure with a large organization that represents a large number of potentially problem loans. The presence of a department will allow you not to spend money on the services of third-party companies. The well-coordinated work of specialists will reduce the losses of the institution.

Here is an example of a conversation with a specialist in the department for collecting debts from clients of one of the domestic banks:

When organizing a structure, it is required to draw up its internal regulations, to find the right specialists. When debts are formed, it is they who will work with the debtor, initiate legal proceedings. It's legal and effective. The opening of the structure is an inevitable measure of the work of a large bank.

Debt collection is not just about litigation. At certain stages, pre-trial work plays an important role, which can bring significant efficiency.

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In some cases, this option seems to be more profitable, as it allows you to receive funds before the start of court proceedings which can save some costs.

General points

Debt collection is carried out in several stages. Conventionally, the process can be divided into:

Pre-trial recovery can have a positive result. After receiving the claim, the debtor decides to pay off the debt or fulfill the obligation.

In the absence of a response from the debtor, the debt can be transferred to third parties (assignment of the right to claim) or transferred for execution to the collection department (if the creditor is a legal entity).

Definitions

Required documents

The main document on the basis of which enforcement debt - a claim, which will require the following documents:

These documents may be attached to the claim, or simply a link to them.

The legislative framework

Enforced recovery is carried out on the basis of the Code of Civil Procedure and the Code of Arbitration Procedure, depending on who are the subjects of the dispute.

Disputes between entrepreneurs are considered by arbitration, and between individuals - by courts of general jurisdiction.

Compulsory execution of judicial acts is carried out by the bailiff service on the basis of the Federal Law "On Enforcement Proceedings".

Depending on the nature of the dispute, various legal acts may be used. Civil Code RF, Family Code, as well as many federal laws and by-laws.

Features of the procedure

Pre-trial recovery is carried out until the filing of a statement of claim with the court, after which the stage of trial begins.

The essence of pre-trial recovery is the fastest possible resolution of the dispute through the impact on the debtor.

Basically, the creditor influences through conversations, calls, as well as sending a claim, which indicates the consequences for the debtor.

The debt can also be sold to a third party under an assignment agreement. This approach requires special steps.

The debtor must be notified of the fact of the transfer of the debt, he must be given a period to file his objection. Otherwise, the assignment of the right to claim will be considered invalid.

Collection of information about the borrower

The creditor, at the stage of pre-trial settlement, seeks to obtain as much information as possible about the debtor.

This is due to the need for further recovery if the obligation is not fulfilled voluntarily.

Information can be obtained:

1. From documents provided by the debtor himself.
2. Through social networks and the Internet in general.
3. Through friends and relatives, as well as from the employer.

In any case, the information must be obtained legally in compliance with the Federal Law "On Personal Data".

Drafting a claim

The receipt claim must contain the following information:

1. Name of the parties to the dispute.
2. An indication of the circumstances on the basis of which the dispute arose (conclusion of an agreement, for example).
3. An indication of other important factors (payment of part of the debt, and so on).
4. Debt calculation.
5. An indication of the consequences of non-fulfillment of an obligation (filing a lawsuit, increasing costs, and so on).
6. Date and signature.

Under what conditions does it apply

The pre-trial procedure is mandatory in some cases, if it is expressly established by law (upon termination of the contract) or in the text of the contract.

Otherwise, the creditor has the right to immediately apply to the court. In some cases, the pre-trial procedure has significant effectiveness.

Video: pre-trial debt collection

Pre-trial settlement is applied in completely different directions. for example, when collecting utility bills, accounts receivable, loans and so on.

For legal entities

Disputes between legal entities should most often be carried out in compliance with the claim procedure.

The statement of claim itself is sent to the parties to the dispute independently, and is not transferred to the court. Otherwise, the claim will not be accepted.

For individuals

Compliance with the pre-trial order for individuals is required less often. But it can be significant.

If the pre-trial procedure is mandatory, then it will be necessary to attach a document confirming its implementation to the claim.

For individual entrepreneurs (IP)

The requirements for IP are identical to those for legal entities if the dispute concerns business activities. Compliance with the pre-trial order will have the same character.

Reimbursement of loan debt

Banks most often seek to resolve the dispute precisely in the pre-trial order, since filing a lawsuit in court means additional costs and not the fact that in the future they can actually be recovered from the debtor.

Banks have relevant departments that specialize in pre-trial settlement.

In addition, lawyers prepare claims, indicating in them all the necessary circumstances. "Hopeless", according to banks, loans can be sold to collection agencies.

It is the bank inspector who decides which of the debtors can be transferred to third parties for work, and who else can fulfill the obligation.

Far from all loans “reach” the stage of judicial recovery, as banks prefer to use other methods of influence.

Debtor's actions

At the stage of pre-trial settlement, the debtor has the right to protect his rights and legitimate interests. First of all, it concerns the answer to the claim.

He has the right to submit his calculation to the department of pre-trial collection of the creditor, if he does not agree with the creditor, put forward a counterclaim to him (for example, to terminate the contract).

The debtor has the right to fully agree with the creditor's demand and fulfill the obligation.

If he does not have such an actual opportunity, for example, due to a lack of financial resources, he may try to petition the creditor for a deferment or installment plan of payments, for restructuring.

What is a pre-trial collection department

A pre-trial collection department exists in almost every credit or loan organization, for example, in banks, MFIs, credit cooperatives, pawnshops, and so on.

The essence of this department is to ensure that debtors fulfill their obligations before the creditor goes to court.

Specialists conduct conversations with debtors, send claims to them, make calls and visits, and carry out other activities aimed at fulfilling obligations to creditors.

If there is no such department in the organization, then most often debts are transferred for execution to third-party organizations either through their sale or through the conclusion of an agency agreement.

Reimbursement procedure

The procedure for reimbursement of funds is determined either on the basis of the law, or specified in the contract.

As a rule, debts are repaid in the following order:

1. Penalties, fines and penalties.
2. Interest charges.
3. Amount of debt.
4. Other payments.

If we are not talking about credit debt, but about a debt of a completely different nature, then first the amounts for repayment of harm to health will be collected, then material damage, and then other payments.

Advantages and disadvantages

The pre-trial dispute resolution procedure has its advantages and disadvantages. The main plus is the ability to significantly speed up the process, as well as significantly reduce the cost of collection.

Voluntary performance of an obligation can be beneficial to both parties to the dispute, if there is an opportunity to come to any compromise.

But there is one significant disadvantage - low efficiency, which consists in the impossibility of coercive influence on the debtor. Most often, debtors simply ignore attempts at pre-trial settlement.