This article will not discuss the legality of the bank transferring your data to third parties; the article will examine the issue of a fait accompli - collectors have received your data and are tormenting you with calls. What tricks do they go to to get you to bring the latest to the bank? This article will be about this and how to deal with it.

If you are blacklisted by the bank as a defaulter (or, as the bank calls such people, a malicious evader of payment of loan obligations), then, in the beginning, employees of the bank’s own security service will talk to you politely. Polite from the start. The longer you do not give in to their persuasion, the faster they will run out of patience to talk to you politely and civilly. They may even raise their voice and lead the conversation into uncivil communication. But since your conversations are 100% recorded by the bank, and I hope you are also not a mistake and are recording it on your side, they are forced to behave quite civilly and not “go too far” in communication. Banks strictly monitor their image and will not pat this employee on the head.

It is important - no matter how bad a borrower you turn out to be, bank employees do not have the slightest right to be rude, insult, and especially threaten you.

As a result of this communication, the bank can inform you in the form of an SMS on your phone (and most often you will learn about the fact of transfer from a call from the collectors) that it is transferring your case to a certain agent (collector) and now it cedes the right to collect your debt to him.

What lengths do collectors go to in order to contact the borrower and force him to voluntarily part with part of his property?

Collectors appear to be collectors

If, due to carelessness or inexperience, when you took out a loan, you indicated all your phone numbers and contacts, then be prepared to receive calls for everything. By law, debt collectors have the right to notify you of overdue debts from 8 a.m. to 10 p.m. on weekdays and from 9 a.m. to 8 p.m. on weekends and holidays. Basically, this process includes about 10-20 calls per day, but sometimes, in especially severe cases, the number of calls can reach 70, 80 or even more than 100 calls per day. It goes without saying that such “telephone terrorism” will not increase the borrower’s money, but his nerves and self-control may significantly decrease. Especially considering the fact that debt collectors are not required to choose the expressions in their conversation. You can often hear rude conversation, insults towards the borrower, his family and relatives, and even threats of physical violence against the debtor.

The treatment is simple:

• After concluding an agreement with the Escalat law firm (details can be found on the website and contacts there for a free consultation), you activate the “Forwarding” service on your phone and, when a call comes from a collector, transfer it to lawyers and they already talk to your tormentors. You do not waste your nerves, strength, peace of mind and time communicating with these individuals;
• You steadfastly listen to all the nonsense with which they are trying to intimidate you. You recognize the calling employee and the company he represents and hang up. When making repeated calls, please notify that the conversation was recorded and if they are repeated, especially with threats, your statement to the police will be written immediately.

Collectors pose as bailiffs

It also happens that collectors assign to themselves (illegally, of course) the title and position of “bailiff.” Such agencies, as a rule, bear the names: “FASP” (Federal Bailiff Agency), “Bailiff” and others similar. They have nothing to do with the FSSP (Federal Bailiff Service) and cannot have it. These are just similar names to mislead and “bring more horror” to careless borrowers.

If someone calls you and introduces himself as a bailiff, then most likely, excuse me, this is nonsense. The bailiff will never call you.

Important. The bailiff acts ONLY on the basis of a court decision or court order and only after this document is received by the FSSP. He will not call you before the trial and clarify your financial situation and wonder why you do not pay the loan.

But to be sure that this is really a person vested with the powers of the judicial system of the Russian Federation and he has the right to ask you questions, check his full name, position, and which branch of the FSSP he is from. Copy this data and either use the Internet, or, even better, call this department of the FSSP and find out: is your case in court proceedings, does such and such an employee work as a bailiff, and is there information that today this employee is will go or call you. If all this information does not confirm the caller’s words, then the conclusion suggests itself: the collectors are trying to confuse and intimidate you. And this is already a criminal punishment - illegally presenting oneself as a public servant.

The treatment is very simple - make it a rule to record all calls that you receive on your mobile phone. Even a conversation on a home phone can be recorded. Nowadays, most phones have a call recording feature. Practice at your leisure to use this feature on your phone at the right time. And write a statement to the police - “certain unknown persons pose as bailiffs and extort money, threaten the family, etc.” Such calls will stop very quickly.

Collectors introduce themselves as employees of the Prosecutor's Office of the Russian Federation

The actions are the same as in paragraph 2. Except that the prosecutor’s office employee will not pay any attention to you at all if you are not a client of the Criminal Code. In other cases, he will also act on the basis of a court decision. But, as a rule, the prosecutor’s office is not involved in “credit” cases at all, unless on your application for persecution, threats to life, health and property.

Important. Make it a rule for yourself: to record any conversation with the bank’s Security Service or the Collector, do not give in to threats and promise to submit statements to the police, prosecutor’s office, Rospotrebnadzor, and many other authorities, albeit indirectly, related to your problem. Print out the “Rules for Dealing with Collectors” and read them often.

If you feel that you are unable to get out of the debt hole yourself, contact a lawyer. Those who are “dog-eat-dog” on the options of dragging people away from the credit swamp.

Unpaid loans and problem loans fall heavily on a person’s shoulders, spoiling not only his credit reputation, but also his quiet life. Legal proceedings and calls from bank security services are just the tip of the iceberg. In the case when debts are sold to collection offices, then the most unpleasant thing begins. Night calls, SMS, often of a threatening nature, accusatory inscriptions on entrances and fences, and, which has become so frequent recently, scamming collectors over the phone - these are the most common, sometimes illegal, methods of dealing with non-payers. Sometimes they introduce themselves as police officers, investigators from the prosecutor's office and intimidate the borrower with criminal cases. How to stop debt collectors from scamming you over the phone? Are there legal methods to combat the so-called “telephone terror”? How to punish collectors for calls using the legal framework?

Learning to speak correctly with debt collectors

Phone calls after midnight are a common practice among people involved in this type of business.
You need to learn how to skillfully talk to them without succumbing to provocations:
1. If a person does not want to communicate with representatives of a collection company, he can safely not do this and simply not pick up the phone.
2. If the borrower decides to talk to them, he must force them to introduce themselves.
3. The only legal field for discussing mandatory debt collection is the court. When collectors threaten to confiscate and sell property, you need to clearly know that they do not have such powers.
4. Turn off telephone communications on weekends and after six o'clock in the evening.
5. Maintain calm and ease in conversation so as not to succumb to the psychological pressure of debt collectors.
6. Include all caller numbers in the blacklist.
7. Change your phone number.
Some of these tips will help you understand how to get rid of debt collectors over the phone in the first stages of trouble.



If words don't work

When the borrower has exhausted all verbal arguments, and unwanted calls still continue to come and the question: “How to turn off debt collectors over the phone?” is still relevant, then you need to proceed as follows:
contact the bank with an application for restructuring and provide a copy of it to collectors;
Seek help from professional lawyers - they will be able to correctly file a complaint to the police for extortion.
Every conversation with debt collectors must be recorded for later presentation in court. They should be notified about this during the conversation.
In case of threats of the police and prosecutor's office, you need to know that both before and after the trial, only bailiffs can come to the borrower's home - and no one else. The police will only arrive if the borrower disappears.
If collectors threaten to charge additional interest on the debt, you need to know what an agency is - it is not a credit organization and does not have such rights.
Go to the website of the collection organization and leave a letter of complaint announcing all the unlawful actions of their employees.
When collectors threaten with an article about fraud, you need to know that if the debtor has made at least one payment on the loan, it does not apply to him.
You can complain to Rospotrebnadzor, the Association of Collectors, the police and the prosecutor's office - these are some of the most effective ways to discourage collectors from calling.

Methods such as purchasing a new IP number and auto-dialing with a voice message after a certain time can also be taken into account.

In what cases do debt collectors have the right to demand debt collection:
the conditions for the resale of debt to a third party must be specified in the loan agreement and certified by both parties;
the person who redeemed the debt must have a banking license to conduct monetary transactions.

If such conditions are not met, all actions of collectors are illegal.

We are writing a complaint to the prosecutor's office



One of the most effective methods of punishing debt collectors for calls is filing a complaint with the prosecutor’s office. It is necessary to draw it up correctly, because, unlike a complaint to the police, which indicates the unlawful actions of the collectors themselves in relation to the borrower, the prosecutor’s office needs to be written about compliance with the legality of organizations and citizens, which significantly expands legal possibilities.
To do this, it is advisable to use the services of anti-collectors and simultaneously prepare the following papers:
printout of calls with caller numbers;
copies of statements to the police (if any);
copies of statements and complaints to the bank or collection offices;
all photos, video and audio materials on the case.

Debts on loans and borrowings must be paid. But if the situation has already reached the point of communicating with collectors, then you should act by all legal methods and maintain order. After all, one’s own rash actions (rudeness, insults) can harm the borrower himself, and then he will act as a defendant. It must be remembered that competent communication with collectors is the key to preserving nerve cells. And it’s best not to take out loans at all and make do with available funds, so as not to think later about how to get rid of collectors over the phone, instead of doing more pleasant things.

Veronica Weinrauch

Collectors call me and threaten me with criminal charges. At first they simply sent warning letters, but now they have switched to such methods. Are they right, and can they actually bring a criminal case?

Answer: Theoretically, it is possible to initiate a criminal case for overdue loan debt. However, in practice this is very difficult to implement, especially for collectors. Let me explain.

This area is regulated by Article 177 of the Criminal Code of the Russian Federation. It specifies the penalties for malicious evasion of payment of accounts payable. We will not list them, since the chances of getting a deadline for being late are minimal. And that's why.

Firstly , in this article there are two conditions when a criminal case will be initiated on such grounds.

1) The debt must be large. According to the law, this is 1.5 million rubles, and fines and penalties are not taken into account. That is, it must be pure debt.

Obviously, the bank will never entrust or sell a debt of this size to any agency. Moreover, pure debt, without markups in the form of progressive interest. It will be cheaper for the bank to sue and claim the money legally or to initiate a criminal case itself.

2) The borrower did not comply with the court decision on this debt.

After the court has decided to collect the debt, the decision is transferred to the bailiff for execution. And from this moment on, the entire process goes exclusively through the bailiff service. They have very broad rights to seize property, seize accounts, etc. Collectors in this chain are completely unnecessary; the debt cannot go to them in this direction at all.

Theoretically, the bank has the right to withdraw enforcement proceedings from the bailiff and transfer it to third parties (collectors, in this case). However, this happens so rarely that even the possibility is difficult to imagine. Bailiffs have much more resources for collection than a commercial company.

Secondly , initiating a criminal case is not as simple an action as it might seem.

To do this, you need a reason, the list of which is given in Article 140 of the Code of Criminal Procedure of the Russian Federation. Three are suitable for these circumstances:

• statement of a crime committed;
• information about an impending or already committed crime obtained from other sources;
• resolution of the prosecutor's office to send materials to the preliminary investigation body.

It is easy to see that there is no crime here for the same reasons that are described in the “first” chapter.

Collectors can, of course, contact the prosecutor's office and try to initiate criminal prosecution along this route. However, they have a good command of the Code of Criminal Procedure of the Russian Federation and will reject the application as unfounded.

Summary

All threats from collectors to initiate criminal proceedings are unfounded if:

• Your net (without penalties and fines) debt does not exceed 1.5 million rubles.
• You have no lost cases in front of banks.

If you do receive threats to initiate a criminal case, then request a copy of the statement that the collectors sent to the inquiry authorities, the inquiry officer or the investigator. As soon as these authorities decide to open a case, they will have to notify the prosecutor's office and you.