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  • How collectors work now. What can collectors do with a debtor? Call: where, when and how much

    How collectors work now. What can collectors do with a debtor? Call: where, when and how much

    Collectors are specialists who provide debt recovery. They usually work with lenders of large banks or work on the heels of microfinance organizations. Their goal is to get the defaulter to return the money at almost any cost.

    In the United States, collectors appeared in the 60s of the XX century. In the 80s, such firms began to open in Europe. In Russia, the first debt collection agencies were initially created as subsidiaries of banks. The first autonomous collection agency, CJSC FASP, was registered on August 9, 2004.

    Collectors in Russia now operate in two ways:

    1. Collectors buy out debt from a credit institution at an incomplete price. The bank writes off the difference in payments as a loss, and the agency tries to knock out the entire amount from the debtor.
    2. The agreement between the lender and the bank has not been canceled. The collector simply stimulates the flow of regular payments.

    What can collectors do with a debtor by law?

    According to the law that regulates the activities of collectors, they are allowed to:

    • communicate with the debtor with his consent;
    • remind of the debt and talk about the consequences of non-payment;
    • call the lender no more than once a day, twice a week, eight times a month;
    • meet in person no more than once a week.

    What should the collectors not do?

    In addition to limiting the number of calls and personal meetings, the new law prohibits:

    • use physical force against the debtor, threaten with harm to health or murder;
    • destroy or damage the property of the creditor;
    • insult the honor and dignity of the interlocutor;
    • distort the amount of debt, lie about the possibility of criminal liability;
    • transfer information about loans to third parties: relatives, friends, employers;
    • disseminate information about debt in open sources: media, Internet, social networks;
    • contact the lender from 10 pm to 8 am on weekdays and from 8 pm to 9 am on non-working days.

    What kind of collectors paint the entrances and beat debtors?

    In this area, as in any other, there is a shadow side. Rare calls without threats do not always motivate the defaulter to return. At the same time, the salary of employees of collection firms depends on the volume of returned payments. Therefore, they approach debt beating with enthusiasm.

    In the arsenal of black collectors, both relatively harmless, although life-poisoning methods, and frankly dangerous ones. The former include terrorizing calls almost around the clock. The second - threats to the debtor and his family, smashing windows in the apartment, arson and torture. All this, of course, is illegal.

    I have a little debt. Why are collectors calling me?

    Typically, collectors are given small debts with significant non-payment of interest. When it comes to a really large amount, the credit institution is likely to go to court.

    How to communicate with collectors?

    Stay calm first. The collector must introduce himself. If he hasn't done so, ask him to identify himself and the organization he represents. Let him dictate the contacts of the agency. So you can call the firm back and make sure that this person really works there.

    Find out if the bank actually transferred yours. To do this, you need to contact the credit institution and find out that you no longer have any relationship with it. If you still owe the bank, decide with it about debt restructuring. If not, ask the collector for the loan documents, otherwise you risk paying the money, but not saying goodbye to the loan. If everything is legal, you can simply repay the debt and continue to live in peace.

    Speak kindly with the agency representative, but do not tell personal details: where and with whom you live, what roads you go. It's also not worth making excuses why you don't pay - waste your time.

    How to avoid meeting with collectors?

    In order not to meet with collectors, you need to either not take loans, or to approach this matter with all responsibility. Be sure to enter into a written agreement with a bank or microfinance organization. It should contain the following information:

    • loan amount expressed in rubles;
    • the full amount to be paid;
    • loan repayment schedule;
    • conditions for early repayment of the loan (in some cases, the bank must be notified of this in advance - it may charge interest);
    • the possibility of transferring personal data to third parties (you can agree or refuse).

    The main thing when obtaining a loan is to return it on time. If the financial conditions have changed and you cannot return the loan on the same terms, contact the bank. Credit organizations are interested in getting their money back. Most likely, they will meet you halfway and draw up a new payment schedule.

    What if I run into black collectors?

    If the collectors work using illegal methods, you should immediately contact the police. From death threats, attempts to enter the apartment without an invitation, beatings should be protected not by the law on collectors, but by the Criminal Code of the Russian Federation.

    But, relying on the protection of the state, there are two points to keep in mind. First, the police may refuse to accept the application. Law enforcement officers use various excuses, mostly illegal. If you did not find help from the police, write a corresponding statement to the prosecutor's office. Prosecutors, if the fact of violation of the law is confirmed, will oblige police officers to fulfill their duties in good faith.

    Secondly, in the event of a collision with collectors, the rescue of drowning people in many ways remains the work of the drowning themselves. Therefore, collect the evidence base:

    • record threatening calls (and simply too frequent calls) on a dictaphone;
    • call the police every time collectors come to your house and try to get into your apartment;
    • photograph the damaged property.

    You will need evidence in court. Claims can be made not only to the collection agency, but also to the bank. A lender from Orenburg filed a lawsuit against Vostochny Express Bank for transferring personal data to third parties and won the court. In Karelia, the collector was sentenced to 10 months in prison for threatening to blow up the kindergarten in which the debtor worked.

    What if there are no debts, but the collectors are still chasing?

    Such situations are not so rare. Collectors may harass you because the debtor lived in your apartment, or is a full namesake, or is related to you. Debt inscriptions often appear at the entrance or on everyone parked in the lender's yard.

    All these methods are illegal. The police must deal with the collectors. Better to go to court right away. Along with the statement of claim, you must provide evidence of threats or damage to property.

    For example, a lawyer from Omsk, Roman Kuzmin, won a court case against the collectors representing the Trust Bank. His phone number in the database was recorded in a citizen who did not return the loan. For nine months he was attacked with threatening calls. He went to court and won the case. The bank must pay him 6 thousand rubles and compensate for legal costs. In the Saratov region, employees of the Home Money microloan organization were convicted of painting the entrance.

    You can try to settle the issue peacefully: contact the bank to make changes to the database there. But, as a rule, this method is not very effective.

    What collectors can do in 2019 is of interest to many who have a long delay in payments to the bank and whose business has been transferred to so-called third parties. Few people know, but so far, there is no specific sectoral law (at the time of the publication of the article) regulating the activities of collectors, plus regulating the scope of their powers, in our country, but the law is being actively developed and, as expected, was approved in 2016. All that can somehow control the actions of collectors is the Criminal Code and the Code of Administrative Offenses, therefore the rights to certain actions of collectors are determined by them.

    Collectors Law Update

    But this does not mean at all that everything is allowed to such organizations. The principle “everything that is not directly prohibited is allowed” does not work in this case. Below we will talk about what collectors can do in relation to the debtor, what rights the collectors have.

    If you are interested in the question of how to behave properly with collectors, read about it.

    How many times are collectors entitled to call?

    Phone calls are the first and most common option for dealing with a debtor. Those. after the bank temporarily assigns or even sells your debt to a collection agency, work with the debtor begins with telephone conversations and the requirement to pay off the resulting debt as soon as possible.

    Usually such negotiations are accompanied by threats and insults to the debtor. This has nothing to do with either the true purpose of the collectors' activities, or with legislation in general.

    In most cases, such calls (10-15 times a day) still bring the expected result... The debtor simply loses patience, and goes to borrow money from friends (or draws up a new loan), if only annoying collectors would get rid of him. Those. there is a principle of psychological influence on the debtor. So how many times a day are collectors allowed to call?

    If calls are received at the time specified by law, and conversations with debtors are held within the legal framework, then collectors can call 50 times a day. There is no violation of this. And this also applies to calls to relatives and to work.

    Off-site activities

    Also most often debtors wonder if collectors can come home.

    Everything is simple here. After all, the fact that they come to you and knock on your door is nothing illegal. This is what the collectors use. Plus, it is important to trace again precisely the psychological aspect of this event.

    In order to avoid such meetings in the future, debtors are looking for third-party ways to get the appropriate amount and finally pay off the collectors (bank). But the question of whether collectors can come usually worries those who have a long period of delay, and when the telephone did not give the expected results.

    But there is one important nuance here, which should by no means be overlooked. Debt collectors are ordinary civilians with no authority whatsoever. Therefore, they have no right to cross the threshold of your house against your will.

    For example, you will start to let a completely stranger from the street into your house. Therefore, you may not open the doors at all. If on the part of the collectors there are any hooligan actions, you can safely call the police.
    Perhaps something will change in the future, but for now, to the question as to whether collectors can come home, we will answer in the affirmative. Like any other person, they can come to your address and ring the doorbell. Not more. An attempt to enter a home is a criminal offense, which the collectors are well aware of. Whether collectors can come home is as popular a question as questions about how long collectors can continue to work with a debtor, and what actually happens next.

    Can collectors sue?

    Of course, the pre-trial collection procedure cannot last forever, and sooner or later, we will talk about judicial collection. Many are interested in the question: can collectors sue the debtor? To answer this question, you need to know the following.

    Collectors can act as a plaintiff only if they have previously purchased the rights under your loan agreement from the original creditor (bank). Those. now the collection agency is a legitimate creditor, which means it has every right to sue you.

    If the collectors work with you on the basis of an assignment agreement (temporary assignment of rights under your agreement), then in fact, the right to go to court still belongs to the bank. Therefore, the answer to the question as to whether the collectors can sue the debtor directly depends on the basis on which they work with you.

    Judge for yourself, because any civilian, if there are sufficient grounds, has every right to go to court. So far, no one has deprived the collectors of this right.

    Resale of debt

    Many citizens mistakenly believe that a loan agreement is a commodity that can be bought and sold several times. This is far from the case. Therefore, if you are interested in the question of whether collectors can sell debt, then know:

    • that, first of all, it's pointless,
    • secondly, there is hardly a “buyer”.

    After all, collection agencies are not engaged in lending to the population, and all contracts with which they work are purchased from banks and other credit organizations. Plus, it is important to know that the bank sells bad debt only in exceptional cases when it seems impossible to return it. And the collectors do not buy everything in a row, but only what can bring benefits.

    A typical example of how collectors work

    Consider the situation: the bank could not return the debt from the problem client and put up a sale contract. After a while, one of the collection agencies buys this debt and becomes a legal creditor. But it did not work to collect the amount from the debtor.

    So such a debt in slang is called "dead", and even if it is put up for sale, then no collection agency will invest in such a transaction that is obviously unprofitable for the organization. Therefore, if your debt went to the collectors, then the final stage will be going to court. We discussed above whether collectors can sue the debtor.

    Collectors' powers

    It can be noted that questions such as these: whether collectors can collect debts or what rights the collectors have in relation to the debtorare elementary. The maximum that they can have on hand (as well as any individual) is your loan agreement. So far, the legislation has not granted (and will never grant) any authority to such organizations.

    After all, for these purposes in our country there is a bailiff service and a court itself, which sooner or later ends with most of the strained relations with banks. Therefore, the need for collection agencies in this chain is very, very controversial.

    Greetings! In the middle of last year, the share of overdue bank loans reached 6.5% - a record over the past five years. Banks prefer to get rid of "bad" debts. And unfortunately, the easiest way is to sell them to collectors ...

    What can collectors do for non-payment of a loan to a borrower, and how to protect themselves from unnecessary stress? Let's figure it out!

    At the initial stage, the collectors get the debtor out with letters and phone calls (I already wrote about what to do if they started calling you at work). But very soon “heavy artillery” is used - the strongest psychological pressure. What are collectors usually afraid of?

    Employer problems

    Unfortunately, it will not be possible to lightly dismiss such a threat. Calls and visits of collectors to work can spoil a lot of blood for a debtor employee. In such a situation, everything depends on the adequacy of the leadership.

    In theory, an employee's debts are his own business, which has nothing to do with work duties. A normal leader understands this and will not participate in pressure. But this is not always the case.

    Often, leaders unwittingly take the side of the blackmailers. After all, collectors are able to play a whole show in front of customers, partners and employees. And why does the company need extra scandals and negative reviews?

    Criminal proceedings

    I hasten to reassure you: a loan agreement between a lender and a borrower is a civil law, not a criminal relationship. Failure to pay debts is of no interest to either the police or the prosecutor. There is no article in the criminal code of the Russian Federation for non-payment of a loan.

    True, there is an exception to this rule. If the loan was obtained fraudulently (for example, using a fake income statement), such actions fall under the article of the Criminal Code "Forgery" or "Fraud". But those who have received a loan legally have absolutely nothing to fear!

    Withdrawal of personal property

    Only a bailiff has the right to seize the property of individuals and only after the court has issued an appropriate order.

    Collectors are, in fact, only private individuals. They have no right to enter your house, describe property and take out furniture "to pay off debt."

    What are the collectors entitled to?

    Today the activities of any collector are regulated by the general law "On individual entrepreneurship". There are no collectors! Therefore, they are forced to work according to the principle: "everything is allowed that is not prohibited."

    By law, the collectors have the right only to inform the debtor about the amount of his debt, as well as the timing and methods of its repayment! At the same time, they are prohibited from disseminating personal information among third parties, as well as calling the borrower late at night or on weekends.

    How to fight back the collectors?

    The collector calls with threats on the phone

    1. From the first seconds of the conversation, ask the other party to wait while you turn on the recording device. If there is no such device, demonstratively click on the buttons. A simple trick will make the claimant talk more carefully
    2. In the first seconds, specify the name of the collection agency, as well as the name and position of the interlocutor. If a request to introduce yourself is followed by a refusal, the conversation can be turned off immediately
    3. If the tone of the conversation clearly goes beyond what is permitted, feel free to hang up (nerves are more expensive)
    4. If the collector resorts to threats (to seize property, report to work), answer that you know your rights and are not afraid of intimidation
    5. If you or your loved ones are threatened with physical harm, warn that you immediately contact the police. By the way, a statement to the police can be submitted on the basis of a printout of calls, a recording of a telephone conversation or a video. Even superficial attention of the police to the collectors is useless. In Kazakhstan, a similar investigation recently led to the closure of the agency.

    The collector came home or to work

    If the collector comes to your home, you must not let him into the apartment under any circumstances. If the situation worsens, you can safely call the police.

    The collector's visit to the place of work, at least, spoils the business reputation. Therefore, after the first case, file a complaint:

    • To the Central Bank for disclosing banking secrets (the banking legislation stipulates sanctions for the dissemination of personal information to third parties)
    • To Rospotrebnadzor and the police for unlawful disclosure of personal data

    If the collector's visit led to negative consequences (loss of bonus, demotion, dismissal), contact anti-collection agency.

    Collectors sued

    I must say right away that it is unprofitable for the collectors to bring the case to court.

    First, under the guise of collectors, a huge number of semi-legal offices still operate in Russia. In 2015, the share of “gray” claimants in the Russian market was estimated at about 10%.

    Second, the accrual of fines is stopped during the trial. And the final amount of the debt, as a rule, after the trial seriously "loses weight".

    Thirdly, the general public learns about the methods of work of a particular collector (at the suggestion of the debtor's lawyer). As a result, the court can even initiate criminal proceedings if signs of a crime have been identified in the actions of the collector.

    But if the collectors nevertheless brought the case to court, you better immediately take an active defense position: hire an intelligent lawyer, write petitions, collect the necessary documents and attend all sessions.

    Output

    In any situation with collectors, you need to talk in a calm and confident tone, without turning to emotions and not succumbing to provocations. The main thing is to demonstrate legal literacy and knowledge of your rights.

    What do you advise to behave with insolent collectors? Subscribe to updates and share links to fresh posts with your friends on social networks!

    Collectors have rights and responsibilities. They must act strictly within the framework of current legislation. Otherwise, the collectors are held accountable.

    New law

    Dear Readers! The article talks about typical ways of solving legal issues, but each case is individual. If you want to know how to solve your problem - contact a consultant:

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    In relation to the debtor

    The legislator does not oblige the debtor to communicate with the collectors. He may not do it. However, ignoring will be negatively assessed in the court hearing.

    On the contrary, if the debtor went to a meeting, made attempts to find a solution, then this would have a positive effect on his reputation.

    The debtor should not give any personal information about himself, for example, tell the collectors about the place of work, the amount of earnings, etc.

    Agency employees can insist in their inquiries, but by law such information is not provided to them.

    And the main thing is that the debtor is not obliged to let the collectors into his home.

    This requirement is often violated. Illegal entry is a crime punishable under the Criminal Code of the Russian Federation 2019.

    Call friends and relatives

    Calls to friends and relatives of the debtor is a normal practice for collectors, but is it legal? According to the current regulatory legal acts, such communication will be productive only if one of them acted as a surety for the obligation.

    In this situation, it is on this person that the debtor's obligations to pay off the arisen debt are transferred.

    In all other cases, such calls are inappropriate and have only one purpose - psychological pressure.

    If they do not stop, then you should write a letter to the collection agency. After the official appeal, you can safely declare to the competent authorities.

    Come home

    Collectors can come home, but they cannot demand that they be allowed into the living space. Moreover, they are forbidden to break into doors. Such actions are regarded as a crime.

    If the collectors are trying to break the door or have already done so, then you need to call the police.

    Remember that such measures can only be applied by certain officials during the execution, for example,.

    What is prohibited?

    And what collectors have no right to do? First of all, they are prohibited from violating the law.

    For committing such acts, they will be punished under the Code of Administrative Offenses of the Russian Federation or the Criminal Code of the Russian Federation.

    The main prohibitions include:

    • prohibition of insulting the debtor or using foul language when talking with them;
    • a ban on life, health or property of the debtor, members of his family;
    • prohibition of deception and misleading;
    • a prohibition on entering the debtor's dwelling without his consent.

    What if threatened?

    Threats from collectors can come both to the debtor himself and to his family members.

    These actions are illegal and prosecuted under the current legislation.

    If you receive threats from collectors, then you need to fix them. This can be done, for example, using a dictaphone or a special program for recording telephone conversations.

    Threats can be direct or subtle. They can come in the form of SMS messages or letters.

    So, first of all, we fix the fact of threats. Then we transfer the collected material and application to government agencies or public organizations.

    This should be done as soon as possible so that threats are not translated into reality.

    Can you be held accountable?

    Collectors can be held liable if they have committed a crime against the debtor or his family members.

    They are obliged to take measures to identify evidence of the committed act. Only if a sufficient amount of data is generated, a criminal case will be initiated.

    Today, many citizens of Russia are familiar with the word “collector”. But this word causes particular dislike, and possibly fear, among debtors on loans. As you know, an unpaid loan can become a reason to get to know people of this profession. And then acquaintance can make a defaulter's life a real hell. Borrowers who had to communicate with debt collectors are interested in the question of how to deal with collectors.

    Collectors: who are these people?

    In Russia, the activities of collection agencies are officially registered - organizations involved in the repayment of credit debts. The latter are in close contact with banks. Lenders give them information about the persons who owe the credit institution a certain amount.

    The wages of employees of collection agencies are piecework and directly depends on the amount of debt that the extortionists can return after talking with the borrower.

    What is the duty of the collector is stipulated by law: as a rule, this is the collection of data on the defaulter, his work activity and family composition. Upon receiving the necessary information, the collectors talk with the borrower about the debt and warn him about the upcoming consequences of an untimely return of funds.

    If the result is negative, the collectors can contact the close relatives of the defaulter, his colleagues and management in order to influence the unscrupulous borrower.

    However, in practice, most often the situation is different: collectors with threats and frequent calls intimidate bank customers, in some cases use physical force. Remember that such actions are illegal, therefore the bank's client has the legal right to start fighting against violators of the law by applying for judicial protection!

    In what ways can the debt be transferred to a collection agency?

    There are two ways to transfer debt to collectors:

    1. The borrower's debt is sold. The credit institution sells its client's debt to a collection organization. And then the borrower becomes the debtor of the collectors. It's easy to understand what it is. Bank employees inform him about the sale of the debt.
    2. The problem asset is handed over to the claimants for a specified period. This method provides for the conclusion of an agreement between the bank and the collection agency for a fee. By attracting claimants, the bank is trying to deal with a person who has violated the loan obligations.

    Attention! This method is carried out at a legal level, but with a caveat: you cannot disclose confidential information.

    The purpose of the collection organization is to force the defaulter to pay the debt by a certain time. In the event that the task is not feasible, the case is sent to the judicial authorities. If the case went to court, the creditor removes his obligations from the collection agency. After that, the court begins to fight the debtor.

    Improper actions of collectors

    If the collector has presented to the debtor, before starting a conversation with him, the borrower must find out with whom he is communicating and make sure that it is the collector who stands in front of him. For this, the person who came to the borrower to demand the repayment of the debt must inform the debtor of his full name, name the position and name of the organization whose interests the agent represents. The borrower has the right not to continue the conversation with the agent until he is satisfied that the information provided is correct. You can check it only by calling the representatives of the company and talking with its representatives (alternatively, you can search for the company on the Internet).

    Consider what in the actions of the claimant may violate the legislation of the Russian Federation:

    • communicating with the debtor of the bank, the collector does not confirm his position, does not provide information about himself;
    • impudently conducts a conversation with the borrower: addresses him in “you” and by name, calls him abusive and rude words;
    • makes calls at night or early in the morning (22:00 - 06:00);
    • discloses confidential information to unauthorized persons (about the amount of the debt, the timing of non-payment of the debt, etc.);
    • personally receives from the defaulter payment of the debt in tangible assets or money (loan payments can only be made to a banking institution);
    • using extortion and blackmail "knocks out" money from the borrower;
    • applies to work to the borrower and asks to punish the employee;
    • makes calls to close relatives and friends with threats;
    • makes calls and sends SMS messages to the defaulter several times a day.

    All of these offenses are criminally punishable and can face imprisonment for up to 5 years. It should not be forgotten here that the manifestation of any rudeness of a claimant to a bank's client will become a fact of violation of legislative acts.

    Collectors who used force and threatened with physical violence receive the most severe punishment. As you know, the law of Russia provides for criminal liability for assault.

    To prevent the debtor from meeting with the agent, for example, at work or at home - the borrower who has received a notification from the bank about the transfer of debt to collectors - should visit the organization personally and talk to its representatives there.

    Any insults and threats from extortionists should be stopped immediately. Initially, you need to be calm when talking with a representative of the collection agency and ask him to show respect in communication. In no case should you go over to mutual threats and personal insults - this will be used in court against you. Thus, it is absurd to fight extortionists.

    In cases where the borrower plans to make payments to repay the loan debt for the next period, he should indicate these terms. Such a step will show that the offender is ready to resolve the issue. It is known that there are situations when claimants continue to threaten - then the borrower can resort to several of the following methods of protection. However, one must understand that such methods require effort, time and nerves.

    How to fight legally?

    When the collectors come to the house, you should make sure that their claims for debt collection are legitimate. To do this, you will need to study the loan agreement and find a section where the possibility of attracting a collection agency and transferring information about the loan agreement will be confirmed. It is also worth checking that such an agency is legitimate.

    If the agreement does not have such conditions, then all issues on debt should be discussed only with the bank's employees. The contacting representative should immediately explain that such communication is all law and will not be continued.

    When the contract specifies the right of the claimants to certain actions, it is first and foremost necessary to require documents confirming the rights to collect the debt. This will be an officially certified agreement with a credit institution.

    If the borrower receives a phone call from the collector, it is worthwhile to inconvenience him by refusing to negotiate via the phone. Set up a meeting place away from home and emphasize your desire to check the legality of his actions.

    Upon arrival at the meeting, the claimant must provide the borrower with an agreement with the bank, certified by seals and signatures. If the collector does not want to show such a contract, you can safely not enter into a discussion of the problem with him. A confident tone and calmness in communication will show that such methods can receive legal rebuff.

    If there are threats, the borrower can fight by contacting a lawyer or other legal representative. His task will be limited to being present at the meeting and stating the fact of illegal actions by the collection agency. After making sure that such actions are legal, the borrower can send complaints about the debt collector to various organizations and to the collection agency itself.

    How to deal with the management method?

    The management method means a kind of corporate struggle. Here the debtor's actions must be tough and confident:

    1. The borrower writes a complaint to the head of the collection agency.
    2. Bringing trouble to the bank. That is, the media reports that the bank uses collectors to blackmail and threaten its clients. Since banks are very careful about their reputation, when this moment is made public, creditors stop pursuing the defaulter.

    Some bank clients decide to fight in rather ineffective ways - they offer debt collectors money to stop the persecution.

    It should be remembered here what a bribe is and what it can lead to the dock. Therefore, it will be easier to pay a small amount, pay off part of the debt, and thus get rid of the obsessive collector.

    How to deal with the method of psychological influence?

    This method involves a psychological impact on the reservoir. In this case, the defaulter must, when communicating with him, present himself in a different manner. The image of another person will not allow the collector to draw up an accurate psychological picture of the debtor, and therefore develop an individual approach to him.

    When dealing with collectors, it is worth remembering two rules:

    1. Never threaten, lest you be legally responsible for such behavior.
    2. Act with confidence and calmness. Thoroughly study the documents, find errors in them, demand to redo the errors. Here, the pressure will be made by the bank's client, not the claimant.

    How to deal with collectors and how to find legal assistance from the court?

    You can always deal with threats from collectors at the legislative level.

    For this purpose, a conversation is recorded with a representative of a collection agency on a dictaphone (telephone) or on any other recording device.

    In this case, it is necessary to save all messages on the phone, and letters on the email box. The collected facts are subsequently submitted to the police or court. There is no doubt: the law will take the side of the debtor, and the offender will be punished. In this case, moral compensation from the claimant will be provided.

    How to deal with a person who did not take out a loan with collectors demanding a loan repayment?

    To answer this question, first you need to understand the reasons that can provoke such situations.

    1. Bank employees are involved in the fraud scheme. Copies of passports are obtained and loans are issued on them.
    2. Loss or theft of a passport often results in credit. Here banks often show insufficient care, and although the fraudster is photographed with a camera, it is difficult to find him without personal data.

    So, strangers used the passport and received a loan for it. Bottom line: the owner of the passport after some time receives a call from the collector demanding the return of the debt.

    To fight the extortionists without losing nerves, the debtor will need to find out what kind of organization issued the loan. After that, you will have to visit him, providing the security service with a passport and write a statement that you did not take a loan. Moreover, if there was a fact of losing a passport, documents from the police about this will come in handy.

    After examining the documents, the security service of the credit institution makes sure that the real debtor is another person and stops demanding a refund.

    How to deal with phone calls from collectors

    In telephone conversations with collectors, the debtor on the loan must record threats on a dictaphone, behave calmly and confidently, and demonstrate knowledge of the law. A good answer to the question of how to deal with calls from collectors is to blacklist their numbers. You can effectively fight ransomware if you turn to legal entities for help.

    Where can you go with a complaint about collectors?

    Complaints are filed against the misconduct of collectors to the following organizations:

    • Rospotrebnadzor receives calls from the hotline;
    • The prosecutor's office accepts evidence of the unlawful actions of the claimants;
    • The Collectors Association severely punishes its employees for illegal actions and disrespectful communication with bank customers.

    To whom to pay the debt? Collectors?

    When communicating with claimants, the debtor on the loan must clearly understand: cash is not transferred to collectors, it is illegal. Why? Because the collectors, having received money from the debtor, will not give him any supporting document that the debt has been returned. This means that the extortionists will be able to demand money over and over again.

    Those potential borrowers who, studying the article on the fight against collectors, understand that they still need a loan - it will be useful to learn about this form of loan, such as an overdraft. This is described in detail in the material:.

    conclusions

    Thus, having studied the tips that tell you how to deal with collectors, debtors on credit loans should remember the basic rules of behavior:

    • in dealing with the collector, it is necessary to show knowledge of the law and rights;
    • make recordings of conversations on a dictaphone in case of threats and insults;
    • submit a complaint against the claimant to the relevant authorities;
    • do not use threats and blackmail;
    • the numbers from which the agents' calls were made should be added to the black list;
    • seek help from lawyers.

    There are many ways to deal with collectors, but all loan recipients should remember that it is best to repay debts on time. After all, when the claimants stop harassing the debtors, the bailiffs quietly take on them and describe the property safely.

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