General rules There is no telephone contact with collectors. But experts have developed a number of criteria, taking into account which it is necessary to counteract annoying exactors:

• substantive criterion: there is a certain point of contention, because of which the collectors are calling. Calls are intended, first of all, for average citizens who do not have qualified legal knowledge;
• procedural criterion - collectors take certain actions to contact the debtor, they also warn him about possible consequences non-payment of debt, including threats with the police and the court;
• psychological criterion - the fact itself official address creditors to a citizen, who is often at home, among relatives and friends, causes anxiety and fear in the citizen, including for the well-being of his family.

The easiest way to respond is not to pick up the phone or refuse to communicate with collectors at all. However, they can call the debtor automatically, recording information in advance on the answering machine. The debtor should enter in advance information about the numbers of collectors in the "black list" or not respond to calls at all.

Communication by phone is better to argue with specific legal knowledge. You can tell the collector that, on the basis of Federal Law No. 230, the citizen is going to refuse contact with the collectors and is preparing a written notification.

The rules for communicating with the debtor are indicated in the Federal Law No. 230. Collectors must introduce themselves, as well as name the organization whose interests they are protecting. The negotiator himself owes his full name, position. The borrower must be provided with detailed information on the amount of debt, the amount of interest and other payments.

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If they are concerned about someone else's debt, then you should refer to Part 5 of Art. 4 of the Federal Law No. 230 of July 3, 2016, which does not allow collectors to call third parties if they do not have consent to interact with them. Read more about it here.

Also, do not be afraid if collectors threaten the court. Nobody prevents them from doing this at any time, and calls to a citizen are not an obstacle either. Debt collectors should be politely told that they have the right to act legally. Claimants must be warned in advance that all conversations with them are being recorded.

The telephone conversation begins with regard to the subject of the dispute, but something else is important to the collector, namely the attitude of the debtor to the situation and his reaction to the words of the claimant. The debtor does not bear any responsibility for his words, even if he promises "mountains of gold".

Active clarification of relations with collectors on the phone will not lead to the fact that they will stop calling. Manipulators act according to a predetermined scenario, and the emotions on the part of the debtor only indicate that the collectors are gradually achieving their result, since the main goal of collectors is to psychologically influence the borrower.

In any case, one can refer to the disastrous financial position. It is advisable not to give specific promises to collectors, but rather to speak in ambiguous phrases (probably, perhaps, maybe, etc.). Nobody forbids the debtor to simply interrupt the conversation, especially if the collector starts to be rude, and, moreover, switches to open threats.

It manifests itself to a lesser extent, since collectors perform the only action - this is a call to the debtor. Their threats of litigation, appeal to law enforcement agencies with a statement often do not have weighty grounds, but are calculated to intimidate the debtor. As a response, it is possible to explain to the collectors that the debtor has the right not to communicate with the collectors on the basis of Federal Law No. 230. It is better not to react in any way to possible provocations from the collectors, who can even communicate according to a pre-prepared scenario.

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Collectors are prohibited from threatening the debtor with physical violence. It is impossible to exert heavy psychological pressure on the borrower. There is a ban on impersonating the police, courts and other public authorities.

Collectors are also prohibited from misleading the debtor about the amount of the debt and the reason for its occurrence. Collectors also cannot threaten the debtor with criminal prosecution and other measures that may not be applicable for a particular situation.

The most significant criterion for communication, since the main goal of collectors is to force the debtor to pay his debts in a pre-trial order. Claimants may use various phrases and expressions of a threatening nature. There are widespread threats to call the police to file a fraud case.

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Within the framework of Federal Law No. 230, collectors have a minimum of authority to interact with the debtor. They have the right to remind him of the presence of debt in ways only specified in the law. Read more about the behavior of a debtor with collectors in this article.

All this should not frighten the debtor, because collectors do not have the right to break the law. Otherwise, they face punishment, up to criminal liability.

Such threats are manipulative, since the main goal of creditors is to warn and intimidate the debtor. Usually claimants undergo psychological training, they try to speak in a confident or even elevated tone.

If the collector has a debtor's number, this does not mean that they can call him at any time. Federal Law No. 230 established a fairly clear time frame for possible telephone conversations between the debtor and the recoverer. You can call on working days from 8 am to 10 pm. On holidays and weekends, calls are possible from 9 am to 8 pm. The number of telephone conversations cannot be more than 1 time per day, 2 times per week and 8 times per month.

It is forbidden to call from abroad. Collectors themselves must record their conversations with the debtor and warn him about this.

The main problem of communication lies in the psychological confrontation between the claimant and the debtor. Many of the borrowers do not understand that personal problems of debtors are not important for collectors. The purpose of the caller is to warn about the presence of debt, as well as to find out when the borrower is going to repay the loan.

If collectors call a landline phone, then you need to purchase a device with caller ID and the "black list" function.

Collectors can call the numbers that the debtor indicated when drawing up the loan agreement, but which belong to other citizens in general. To get rid of calls on other people's debts, the owners of the number need to go to the bank or to the representatives of the collector, bring documents (passport) and confirm that the number does not belong to the debtor.

If you do not want to communicate with the debtors, you can convince them not to call (which is unlikely, since they cling to every opportunity so as not to lose at least loose contact with the debtor) or put their numbers on the “black list” function.

The debtor has the right to completely refuse to communicate with collectors by writing a notice after at least 4 months. loan delays. From the moment of receiving a written notification, collectors are not entitled to disturb by phone, write SMS messages and personally meet with the borrower. The ban is suspended for 2 months from the date of the adoption of the judicial act.

1. Communicate with collectors confidently by referring to regulations and clauses of the contract.
2. If possible, notify claimants in advance and completely refuse to talk with them.
3. Competent ignoring of communication (it is desirable to remember and place the numbers of the calling interlocutors in the "black list");
4. Refuse to communicate with the creditor and (or) their representatives according to the rules indicated in Art. 8 FZ No. 230.

In critical situations, with obvious pressure or threats from creditors, you need to seek help from a competent lawyer.

Debt collection activities are regulated by law. Nevertheless, the actions of collection agencies often cross the boundaries of morality and legal norms. Collectors use blackmail and threats, and violate the rights of non-payers. How to deal with collectors in this case?

From this article you will learn:

What are they?

Collectors are private firms that specialize in debt collection. Financial institutions have begun to resort to their services due to the growing percentage of debtor clients. Litigation and independent work with debtors in some cases is inappropriate for the bank. It is much more profitable to sell a debt for 20-30% of its real value than to spend money on a court procedure and get nothing.

The transfer of credit obligations is carried out in two ways:

1. By selling debt on the basis of Art. 382 of the Civil Code of the Russian Federation. Banks usually sell loans only to bad debtors who refuse to contact the financial institution's security service and maliciously evade paying the debt. As a result of the transaction, the bank loses the right to demand the return of the loan, since this right has been acquired by the collection firm.
2. By concluding an agency agreement. In this case, collectors work for a certain fee (a percentage of the amount collected) and act as representatives of the bank.

The purpose of the work of collection organizations is to get the debtor to repay the debt. Since the fee of such offices depends on the efficiency of their work, they do everything so that a person repays the debt. And often their methods are outlawed: threats, intrusive calls, damage to property, etc. How to deal with collection agencies? It will help to know your rights and the laws that govern the work of such offices.

When collectors act illegally

Federal Law No. 230 “On protecting the rights and interests of individuals in the course of debt collection activities” clearly explains the methods of working with non-payers. Illegal actions of collectors are defined in Art. 6:

• the use of physical force and other methods dangerous to human health and life;
• threats;
• phone calls late in the evening, at night and early in the morning;
• threatening calls to the relatives of the non-payer;
• intentional damage or destruction of the non-payer's personal belongings;
• psychological pressure;
• actions and statements degrading honor and dignity;
• disclosure of debt information to third parties.

The activities of collectors must be carried out within the framework of the law. Therefore, if any violations are detected, the debtor has the right to complain to the authorities.

Where to complain

The work of collectors begins with notification letters, calls and SMS messages. At the first stage, many debt collectors are not aggressive. In this case, interaction with them will not cause any particular inconvenience. But if the situation gets out of control, the agents have switched to tougher ways of knocking out money, then you need to file a complaint against them. How to deal with collectors in Russia?

Contacting the bank

You need to apply to a bank branch if the debt collectors act on his behalf, that is, they work according to the outsourcing scheme. The bank must respond to a complaint about wrongdoing by its representative, otherwise its reputation may suffer. What should be included in the text:

1. Personal data and information about the loan agreement.
2. Information about violations of the collector (you can talk about night calls on the phone, threats and other illegal actions).
3. A message about the intention to go to the prosecutor's office or court in order to punish the offender.
4. The requirement to stop calls, messages and mailing letters.
5. Requirement to delete your personal data from the database of the bank and agency.

If the agreement does not indicate the possibility of the creditor to transfer the right to claim the debt to other persons, then the application must make it clear that the bank is acting outside the law. In this case, you can turn the bank's management to the possibility of liability for violation of confidentiality and bank secrecy.

Application to the police

If the bank left the application without attention, then you need to contact law enforcement agencies. Depending on the situation, debt collection agents can be sued for extortion, blackmail, hooliganism, threat to life and health, etc.

The application must be submitted at the place of residence. The document must contain personal data, information about the collection agency (if known), as well as a detailed description of the interaction with violators. It is important to indicate the phone numbers from which the claimants called, what demands they put forward, how the telephone conversations and meetings went. At the end of the statement, it is necessary to demand that the police officers pay attention to the activities of the organization and bring them to criminal liability.

In order for the complaint to be effective, it is necessary to attach documents to it that testify to the illegal actions of the organization. These can be records of telephone conversations, letters, messages, printouts of calls, video recordings, etc.

To the prosecutor's office

An application to the prosecutor's office is submitted in case of inaction of police officers or in case of violations by collectors. The purpose of filing a complaint is to draw the attention of employees of the authority to illegal actions on the part of debt collection agents. What to include in a complaint:

1. Personal data (address, name, phone number).
2. Detailed description of the nature of interaction with collectors.
3. Grounds for bringing agents to responsibility (indicating links to articles of laws that are violated).
4. Requirement to check.

In the complaint, it is important to focus on the fact that debt collectors transfer information to third parties, disclose personal data, act outside the framework of Federal Law No. 230. Evidence must be attached to the application, on the basis of which the demand is made: photos and videos, correspondence, details of calls, recordings of conversations etc.

How to deal with collectors

Despite the fact that collectors most often resort to uncivilized methods of influence, the fight against them by the debtor must be carried out within the framework of the law. It is impossible to act by their methods, as this may subsequently turn into an aggravation of the situation.

If you are in debt

The presence of debt on a loan does not deprive a person of the right to preserve their freedoms and interests, and certainly does not give collectors the right to threaten the debtor and use harsh methods of knocking out money. Therefore, the first thing to understand in this situation is that the law is on your side.

When dealing with claimants, it is important to remain calm. Do not go over to insults and show aggression. It is important to immediately make it clear to an employee of such an organization that you are ready to resolve the issue of debt only in peaceful ways.

To stop insults, threats and blackmail, when meeting with a collector, you can inform him that your conversation is being recorded. This will help cool the ardor of an annoying agent.

It is also important to make it clear that you know your rights and are ready to protect them. Mention in a conversation with the collector that his actions are classified as extortion, blackmail, violation of bank secrecy, illegal obtaining of information, etc. Demand to stop the obsessive knocking out of debts, threatening to file an application with the prosecutor's office or the police.

If you have not taken out a loan

What to do if, in the event of a technical error or fraudulent actions of third parties, you are charged with a debt? First you need to find out in which institution the loan was issued and on the basis of which document you are required to repay the debt. Then you will need to make a statement to the collection company and the bank that you did not take a loan and have nothing to do with the case. If you have lost your passport, for which the scammers issued a loan, then it is advisable to attach a certificate of loss and replacement of the document to the application.

If they call on the phone

What to do if debt collectors keep calling? In a conversation, it is important to stop all their attempts to offend you. How to fight:

• Record every conversation. Before you start communication, warn the agency employee that a recording is being made.
• Be polite and calm no matter what.
• Always ask an employee to introduce themselves. He must give his name and the company in which he works.
• Let them know that you are well acquainted with the law and, in case of violation of them, contact the police.

If there is no desire to communicate, then you can blacklist the number. However, in this case, collectors can move on to more active actions: personal visits, calls to friends and work. Therefore, it is better not to hide from them, but on the contrary, to make it clear that you are ready to make contact, but only under the condition of peaceful interaction.

If there are threats

A threat is a good reason to go to the police or court. It is important to collect all the evidence: correspondence, recording calls, messages, testimonies, etc. Threatening to kill or harm the health of the violator is punishable by up to 2 years in prison (Article 119 of the Criminal Code of the Russian Federation). An application to the court will provide an opportunity not only to get rid of annoying collectors, but also to recover monetary compensation from them for moral damage.

Legal methods of struggle

It is more effective to deal with debt collectors by legal methods. An application to the authorities, an agency check, a trial - all this will make it possible to get rid of collectors and protect your rights.

Checking Collector Credentials

The first thing to do is to check on what basis the agent requires the return of the debt. In a telephone conversation, find out where the organization is located and set up a meeting to verify the credentials of employees. Collectors are obliged to provide the debtor with a contract of rights of claim, on the basis of which the bank sold the debt, or an agency contract.

The document must contain information about the non-payer, indicating its amount of debt and the period of delay. If the collector refuses to provide papers, then you can safely ignore all his requirements in the future.

Complaints to the prosecutor's office and the police

When contacting law enforcement agencies, you must have evidence of illegal actions of collectors. Therefore, from the first days of communication with agents, it is important to record every conversation, store all correspondence, notifications and letters. It is unlikely that collectors will want to contact the police or the prosecutor's office, so the news of contacting the authorities will weaken their influence.

Help of a lawyer

Collection agencies are opposed by anti-collection organizations. These are highly specialized lawyers who assist debtors in their fight against debt collectors. An experienced lawyer helps to correctly draw up an application to the authorities, collects evidence, represents the interests of the defaulter in court, and personally communicates with collectors.

Psychological methods

Most collectors are good psychologists who know how to approach this or that person. It is important not to give them the opportunity to control the situation. In communication, you need to show calmness and confidence. Answers should not be aggressive. You can not insult and resort to their own methods of influence.

Management methods

If a bank that works with offending collectors values ​​its reputation, then the methods of corporate struggle will be effective.

Complaint to management or collection association

Appeal to the same collection firm will take effect if you provide an application to the head of the agency with evidence of violations. Another option is to contact NAPCA. This is a collection agency. Before you go there, you should make sure that the office is a member of this association. If not, then you should not expect support from her.

Contacting the media, forums and blogs

Dissemination of information about violations by the bank and collectors in the media and the Internet - effective method fight against claimants. Violators do not want publicity, so they will change their tactics of behavior. In addition, public exposure will quickly draw attention to the law enforcement agency.

Collection companies can and should be dealt with. The recent amendments to Law No. 230 that have entered into force indicate that the activities of agencies are increasingly controlled. The main thing is to act in the struggle for your rights within the framework of the law, apply to law enforcement agencies and not succumb to the provocations of exactors.

The law on collectors from January 1, 2020 regulates the rights of debt collectors and those who had to deal with them.

In particular, the legal grounds for the activities of collection agencies and what they are prohibited from doing are stipulated.

Free legal advice

In Russia, collection agencies appeared almost 15 years ago, but for a long time their activities were not supported by legislative acts.

Debt collectors often acted outside of the legal framework. Debtors had to deal with rudeness, threats and damage to property.

In 2016, the question of whether collectors are legal was closed. The authorities set boundaries for them. Was accepted 230 the federal law, in which they outlined, point by point, by what methods agencies can collect debts.

Interaction with non-payers was limited to calls within a set period of time, correspondence and personal meetings (with some reservations).

In 2020, creditors are not allowed to call from hidden numbers or write SMS. The debtor has the opportunity to refuse too annoying collectors.

Rights of collectors under the new law

After the passage of the bill, debt collection agencies had to curtail their appetites. Previously, they could call and write to debtors (as well as their families) at any time. The rights of collectors under the new law are limited.

Officially, companies are allowed to take actions to collect debts from citizens of the Russian Federation. However, the methods used should not contradict existing legislation.

That is, any threats and, moreover, damage to property are prohibited (this also applies to offensive inscriptions that collectors often use as a way to influence non-payers).

Agencies cannot apply to a bank customer who is in arrears in payments if there is no corresponding clause in the loan agreement allowing the attraction third parties. In addition, the financial institution is obliged to notify the debtor that his debt has been transferred to a collection company.

When communicating with a defaulter, an employee of the company must provide his personal data and name the organization he represents. If a debt collector tries to contact you during a period when calls are prohibited, you can file a complaint against him.

How many times can debt collectors legally call?

The new law on collectors has established the main rule that people who have encountered their activities have been waiting for. Now debt collectors are not allowed to call at night.

On weekdays, the time for phone calls starts at 8 am and ends at 10 pm. On weekends and holidays calling is allowed from 9.00 to 20.00.

The law does not limit the number of calls, but you can use a legal loophole. If you receive more than 20 calls per day, this is considered an invasion of privacy and you have the right to sue. Also, employees of organizations are prohibited from calling relatives or friends of the debtor.

In addition, the number of personal meetings was legally limited. The collector has the right to meet with the defaulter no more than once a day, 2 times a week and 8 times a month.

When and to whom can collectors call under the new law.

Do collectors sue?

Many are concerned about the question of whether collectors can sue if they do not get their money back. Often this argument is used as a way to influence debtors.

Indeed, a company can apply to a higher authority, but a person does not face a prison term for non-payment of a loan. The only decision that the court can make is to oblige the defaulter to repay the loan amount (for example, through monthly deductions).

Companies that have not been accredited and have not concluded a formal agreement with the bank cannot apply to the highest authority.

If the appeal to the court has occurred, the debtor will be responsible to the bank, and not to the collectors. Accordingly, there can be no talk of any repayment of sky-high interest (which debt collectors often try to impose). They can only appoint the payment of a penalty in accordance with the loan agreement.

You can't sue if the statute of limitations has expired loan document(3 years).

Rights of debtors under the new law

Remember that collectors can only call or write to you within 4 months of the loan being in arrears.

After this period, you have the right to refuse to communicate with employees of collection organizations.

To do this, you must write a written application and send it to the bank to which you owe. The document must include the data of a lawyer authorized to communicate with debt collectors.

If an employee of the company violates the established rules (does not appear, threatens or calls at night), a complaint can be made against him. However, before going to court, it is worth stocking up on evidence of a violation of the law.

Ask a lawyer a question for free

What to do if debt collectors call

If you are not in the mood to communicate with creditors, you can simply not pick up the phone. There is no criminal or administrative responsibility for this.

You can also write to the bank that your phone is blocked and communication is possible only by e-mail.

Another way is to blacklist collector numbers or change your phone number. True, in the latter case, you need to issue a new SIM card for another person.

Collectors are prohibited from calling certain categories of persons:

• pregnant women and women who have a child under one and a half years old;
• people who are being treated in medical institutions;
• disabled people of the 1st group.

If you don't mind talking to creditors, speak politely and without being offensive. Harsh language can be used against you if the case goes to court.

What to do if collectors threaten in 2020

If your life, health or property is threatened, you need to collect evidence to apply to the courts.

If threats are received by phone or in a personal conversation, use a voice recorder. The record is subsequently provided to the police along with a statement about the threats received.

If they try to intimidate you by SMS, save messages in the phone's memory. In the future, they will also be used in court as evidence. You can just ignore the threats if you don't plan on starting a lawsuit.

List of prohibitions for collectors.

Where to complain if collectors call for someone else's loan

The biggest inconvenience is caused by calls about other people's loans. This usually happens in several cases:

• your number was indicated by the person who took the loan;
• the number previously belonged to the debtor;
• you are the guarantor of the loan.

The official text of the law prohibits collection agencies from contacting people who are not debtors. Therefore, you have the right to appeal to higher authorities. However, this is a long process and you can go the other way.

To begin with, you should find out from the calling employee who the loan agreement is issued for and where your number is known from.

If you are a guarantor or someone you know indicated your phone number, contact this person to clarify the circumstances.

In any case, you have nothing to do with repaying the loan, so you can simply refuse to communicate with collectors. If you receive threats, make a dictaphone recording and contact the police.

In the case when you are not familiar with the defaulter, you should contact the bank for an extract on the absence of debt. The document is submitted to the collection company with an explanation of the situation. After that, the calls should stop.

How can a debtor sue debt collectors?

If you are being pursued by debt collectors, and even threatened, you should go to court. At the beginning, collect evidence of violations (audio, video), which you provide to law enforcement agencies. Initially, you should contact the police or the prosecutor's office with a description of the conflict situation.

If you continue to be harassed, file a lawsuit. Before doing this, conduct an independent examination loan agreement and send a complaint to the Central Bank. An application to the court can be submitted personally, or you can entrust it to your legal representative.

After the law began to operate, conflict situations became less. However, unaccredited organizations that violate all legal norms still operate. Authorities plan to toughen the punishment for this category of agencies.

Gafarov Rashid Alekseevich(02/10/2015 at 11:44:37)

Agency contract. The bank transfers the debt for a time in collection agency. Typically three months. Then, if the debt is not collected, then it is transferred to the next agency, and so on several times.

Assignment agreement. After the debt could not be collected either by collectors or by the collection services of banks, it is sold under an assignment agreement.

Important: Under the agency agreement, the borrower is obliged to pay the debt to the bank details. Under the cession agreement, they pay according to the details of the collection agency.

The client needs to receive a copy of the contract. It can be sent by email or fax.

2. How to deal with collectors - account statement.

Regardless of whether or not, the borrower needs to order an account statement from the bank where he took the loan. It displays all payments.

3. How to deal with collectors - a complaint.

Complain about the actions of collectors on their hotline meaningless. Unlike a bank that monitors its reputation.

There are several places where you can complain about the illegal actions of collection agencies.

a) The most effective option is a complaint to Rospotrebnadzor. Its employees will conduct a full audit of the agency and, in case of violation, initiate court proceedings while representing the interests of the debtor in court.

b) If the client is threatened, called at night, etc., then it is necessary to write a complaint to the prosecutor's office. In this case, it is best to collect evidence on your own. Record telephone conversations, get printouts of calls, save SMS with threats, and also do not delete Internet correspondence. The prosecutors themselves will not do anything, but will simply issue a “refusal decision”. Therefore, you need to buy a phone with a call recording function.

c) You can complain to the association of collectors NAPCA. If the agency whose employees threaten the borrower is included in it, then full check complaints.

You can file a complaint on the NAPCA website.

Important: Collect as many loan documents as possible on your own, many organizations or lawyers will request them.

4. How to deal with collectors, the court.

If the bank does not sue, but transfers the debt from one collector to another, then you can initiate a lawsuit yourself. according to Article 333 of the Civil Code of the Russian Federation (cancellation or reduction of the penalty). The amount of the debt is fixed, and the judge reduces or even cancels the fines accrued by the bank. You can also sue debt collectors.

Important: The debtor must justify the reason for non-payment. Help 2NDFL-if the level of income decreased, were sick - a certificate from the hospital, etc.

5. How to deal with collectors, not to pay at all.

This method is used by people with a difficult financial situation.

Collectors rarely sue, so just change phones and don't open the door when they come to you. After some time, the debt will be “frozen” due to the inefficiency of working with it.

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