How to deal with bank collectors

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How to deal with bank collectors
How to deal with bank collectors
Anonim

The people got acquainted with the peculiarities of the activities of collection companies after the financial crisis of 2008. The jump in the dollar exchange rate led to the emergence of problem borrowers with whom banks could no longer cope on their own. Then the collection companies began to grow like mushrooms after the rain. Their work remains relevant to this day. First of all, because employees of such agencies often use illegal methods against debtors. In this article, you will learn how to deal with debt collectors.

Who are they

Collectors are companies that professionally specialize in the return of overdue, regressive, problem debts. In the US, their activities are enshrined in the code. But in Ukraine and Russia there is no such special document. We have to look for separate articles against collectors in the Civil, Commercial Codes and the Constitution.

laws against collectors
laws against collectors

Collectors are needed, but if earlier they were used exclusively to repay bank loans, now they are being sold even small debts, for example, for digital television services. At the same time, several companies at once. There were even cases when 6 collection companies worked with one borrower at once. It is not clear to whom to return the money in this case. The number of firms that are trying to resolve the issue out of court is quite large. Their goal is to get the borrower to transfer some amount to a bank account and disperse. There are very few companies that operate within the law.

What debts are bought

Banks almost never sell loans for cars or mortgages, since you can recover money at the expense of the value of the collateral. The collector is most often transferred a debt with a delay in payment of more than 6 months, for payment of communication services. This solution has its advantages.

Any large organization has a wide range of customers and more than 1000 problem customers. Collectors repurchase the right to demand money for 30-40% of the actual debt. The first creditor most often transfers hundreds and thousands of such troubled clients by factoring agreement. Collectors, having received the rights and data of the contract, begin to demand from debtors amounts that are actually several times higher than the principal debt.

how to deal with collectors
how to deal with collectors

Let's take an example. The agency buys three contracts from the bank with a delay of more than 10 months for the amounts of 15,000, 9,000 and 20,000 tons.rub. The collector immediately pays 17,600 rubles. It is beneficial for the bank to receive at least this amount, and write off the rest as expenses. The agency charges fines, pen alties, forfeits, etc., which increase the amount under each contract by 2-2.5 times. And even if only one of the borrowers pays his debt (fearing imprisonment, loss of property, etc.) in the amount of 9,000 x 2=18,000 rubles, then such a deal is still beneficial to collectors. They will recoup their costs.

From all of the above, one conclusion follows: agency employees are primarily interested in timid, gullible and illiterate debtors. Therefore, communication with collectors should not lead you into a stupor. How to behave with them, you will learn further.

How banks do it

First 90 days from the moment of stitching, the financial institution tries to return the money on its own. And after this period, he turns to the appropriate offices. Collectors are interested in returning the money in any way, as they receive a percentage of the amount. From the point of view of banks, judicial recovery makes sense in three cases:

- if the amount of debt is very large;

- if the debtor ignores all attempts at pre-trial resolution of the problem;

- if there is information that the borrower has not repaid the debt to other creditors.

How to deal with collectors?

The general rules are as follows. If the bank has sold the right to demand a debt, then you need to act very carefully. First, read the contract again. If three years have passed since the last payment, then the bank has no right to demand anything from you. If it does not contain a clause on the transfer of debt to third parties, then any actions of collectors can be considered illegal (Article 382 of the Criminal Code of the Russian Federation). But even if there is such an item, then no one has the right to put pressure on you with calls at midnight.

How to talk to bank collectors? The first time you try to get in touch, do not hang up. Politely inquire about the reason for the call, on the basis of which document you are being disturbed (number, date, type of contract). If the interlocutor tries to change the subject, then try to insist on your own. If there is no answer, warn that you will contact the police or the prosecutor's office, then hang up. Do not be too lazy to write a statement to the police, indicating phone numbers, and complain to the operator about the "spamming of SMS".

telephone conversation with a collector
telephone conversation with a collector

In a personal meeting, ask the interlocutor to name the name, position, address, phone number of the office and provide an identity card. The conversation of the collector with the debtor should take place in a calm atmosphere. But in practice this does not always work out. Therefore, before starting a conversation, inform that you are going to record the conversation (even if you do not have a voice recorder at hand). Such a statement will cool the ardor of collectors. Do not, under any circumstances, persuade them to wait and do not provide your personal data, for example, income level, place of work, addresses of relatives. It is important to remember that all threats from them are empty. Demand a copy of the debt transfer agreement, referring to the violation of banking secrecy (Article 24 of the Constitution of the Russian Federation), invasion of privacy, etc. If it is not provided, you can safely end the conversation.

Don't be afraid of the courts. This is how experienced lawyers recommend resolving debt issues. The law is on the borrower's side. In court, you can reduce the amount of the fine, apply for an installment plan, and perform a lot of maneuvers that make it easier to pay off the debt and not pay the bank anything extra. Having proved your insolvency for a good reason (illness, low income), you can achieve a reduction in the monthly payment from 50% to 20% of the monthly salary. Get rid of all property first. For example, rewrite it to a relative. Only bailiffs can take away your property on the basis of an appropriate decision as payment for a debt. Any attempts by "security officers" to commit such actions are punishable by imprisonment under Art.158, 161 of the Criminal Code of the Russian Federation.

People with a difficult financial situation do not return money on a loan to the bank at all. They just change phone numbers and don't open doors when they visit. Then they wait until the statute of limitations expires - 3 years.

More creative options

If you receive threatening letters, then answer them on behalf of another person, that the wanted subject has changed his place of residence. During a call on a landline phone, say that the person has moved, and if this does not help, threaten that you will write a statement to the police. Or give the number of the hostel. During a call to your mobile, answer that you recently bought a SIM card from another person. Especially creative people can put a call forward to the local police station.

Read the regulations. Very often collectors resort to illegal methods of extortion: they threaten, violate the inviolability of personal and family life, illegally collect information. Get the Constitution, Civil and Criminal Code. Find the articles you need and confidently read them to the agency staff during your next call.

debt collector talking
debt collector talking

A long period of time may take the struggle with collectors. And all the consequences of any decisions you make must be considered in advance.

Collector strategy

It can be conditionally divided into three stages.

  • Soft collection. The first stage includes the procedure for conducting remote contacts with the debtor and guarantors (phone calls, SMS, letters).
  • Hard collection. The second stage includes a personal meeting of company employees with the debtor at home or at work.
  • Legal collection. If the above measures do not work, then lawyers draw up a claim and file it in court.

Five patterns of behavior

There are several options for how to deal with collectors. They directly depend on the schemes of actions of the employees themselves.

1. Friendly and polite

Such collectors are extremely rare, but you can find a common language with them. First, they look for the debtor, make a couple of calls and send 3 letters with pre-trial demands. Then they notify close people about the presence of problems with their relative, and only after that they draw up a lawsuit in court. If the debtor does not have property against which the debt can be collected, then the court decision is transferred to the State Enforcement Service 3-4 times a year. If these measures do not work, then after three years the debt is written off. The conversation between the collector and the debtor is strictly within the law.

2. Boring phone stickies

They are not dangerous, but they can create a number of inconveniences and spoil the mood. After receiving the debtor's data, collectors begin to get him with phone calls to all available numbers demanding that he immediately pay off the debt. At the same time, they increase the amount each time, call 10 times a day and slowly talk about the consequences of non-payment. They even put robots on auto-dial. They send letters on scary red or yellow paper with very formal text, but with a photocopy of the seal and signature. Boring, annoying and annoying, but absolutely harmless. How to deal with collectors in this case? Ignore.

3. Boorish and aggressive

A variant of the previous type, with the only difference that when they call they go down to threats to sue, take away all the property and take off the last T-shirt if they are not immediately paid off. In fact, they can only scare suspicious debtors. At any attempt to find out the details of the contract, which requires the return of the debt, they begin to be rude. A telephone conversation with collectors in this case should take place according to the letter of the law. Then they will start to stammer, and then they will be the first to close the topic.

fight with collectors in ukraine
fight with collectors in ukraine

4. Very boorish "goblins"

They not only call, send threatening letters, but also go to the place of residence of the debtor. Long conduct aggressive negotiations (read - "assaults"). They like to walk around neighbors, relatives and employers of the debtor, pouring mud on him, spoiling the mood and threatening everyone in a row. Behave very aggressively when trying to interpret the details of the contract. They often intimidate others with a photocopy of fuzzy court decisions on the debtor.

These annoying individuals can provoke the debtor to aggressive actions. This is what makes them dangerous.

5. Scumbags

They threaten and intimidate. You won't be able to fight him. Therefore, it is better to immediately sit down at the negotiating table with the original creditor and discuss the debt repayment schedule. And if this option does not work, then you need to go to court and resolve all issues there.

Some lawyers believe that any actions of such offices can be considered illegal, since any contract contains a paragraph on the confidentiality of the transaction. Without the consent of the client, the lender cannot disclose any information. And receiving letters from collectors is a violation of this rule.

Negotiation Tactics

Talking with a collector on the phone is the first step of interaction. You need to prepare well for it in advance.

1. Try to record a telephone conversation with an employee of the company. If it does not work out, invite a third person (a neighbor) to negotiate - a mandatory disinterested person. Or have a hands-free phone conversation and record it on a voice recorder.

2. If you receive a threatening phone call from bank or collection company security and you are alone at home, then under any plausible pretext, ask them to call back, hang up and make all the necessary preparations (see point 1).

3. Before starting the conversation, say that the conversations are being recorded ("recorded") and will later be used in court. This will noticeably reduce the ardor of the caller.

protection from banks and collectors
protection from banks and collectors

4. When you finish recording, publish your conversation with the collector by phone over the Internet. This will protect you in the future from any attacks from them. Since it is collectors and various "security services" that exert moral and physical pressure on the debtor. But their actions can be seen as:

- threat of physical harm to you or your family members;

- extortion, if the caller began to demand money without introducing himself;

- blackmail if an employee of the company threatened to slander you.

The main thing is not to panic, but to act (record the conversation).

Fighting collectors in Ukraine

There is no separate regulatory document. The actions of collectors in Ukraine are regulated by the Civil Code, the Constitution and the Law of Ukraine "On Business Companies". According to these documents, they are prohibited from:

- hold uncoordinated meetings and negotiations with debtors;

- threaten the life and he alth of the borrower and his family members;

- violate public order;

- enter negotiations on behalf of the police or the prosecutor's office;

- share confidential information about the borrower with anyone.

This is how the fight against collectors in Ukraine goes. Under the agreement, the bank provides the lender with funds, and the borrower must return the body and interest. According to Art. 512 of the Civil Code, the creditor may transfer his rights to a third party. Provided that the contract itself does not contain a clause prohibiting these actions. Art. 515 of the Civil Code of Ukraine states that the creditor cannot be changed without the consent of the debtor, unless otherwise specified in the contract. The replacement must be notified in writing to the borrower. Without such a document, any conversations are illegal, and the transaction itself can be challenged.

Protection from banks and collectors is also guaranteed by the Constitution. Any attempts by employees of the company to get into your house are illegal. The inviolability of the home is provided by 30 Art. Constitution of Ukraine. Neither the bank employee nor the creditor has the right to conduct inspections and searches. This procedure can only be performed by a bailiff by the relevant court decision. If an employee violates these points, then write a statement to the police, referring to 355 Art. Criminal Code.

Fighting collectors in Russia

According to Art. 392 of the Civil Code of the Russian Federation, a debt can be transferred to third parties only under an assignment agreement. The bank sells a loan to a firm for 3 months. If it is not collected, then the debt passes to the next organization. And so several times.

There are no laws against collectors in Russia. But there are counter legal documents. Thus, the Federal Law "On bailiffs" prohibits the use of the word "bailiff" and similar phrases in the work of collection, commercial and other organizations. If such words are recorded on a dictaphone and transferred to law enforcement agencies, they may become the basis for a claim for compensation for moral damage through the court.

You can complain about the illegal actions of collectors:

- to Rospotrebnadzor. whose employees conduct a full audit of the agency and, in case of a violation, transfer the data to the court;

- to the prosecutor's office if the client is threatened and terrorized by calls. In this case, you should first collect all the evidence: records of negotiations, SMS, Internet correspondence, etc.

- to NAPCA through the website, if the agency is a member of this association.

That's not all

There is a special collection code of ethics. It is not a legal document. But it was developed by the association of the same name, so employees of firms must follow its provisions. According to this document, the collector can contact the debtor by phone, e-mail and regular mail, but strictly from 7:00 to 22:00 and by order of the head.

telephone conversation with collectors
telephone conversation with collectors

St. 83 of the Code imposes the following restrictions on the actions of employees:

- the collector should offer the borrower close cooperation with the lender to pay the debt;

- moral and physical pressure is unacceptable;

- use of methods that degrade the dignity of the debtor is illegal;

- agree to pay the debt in installments, unless otherwise directed;

- you can not unreasonably frighten the debtor with criminal prosecution, civil or legal action;

- the employee is obliged to invite the borrower to inform family members about financial problems and contact them for help;

- the collector must objectively take into account all the reasons for the debtor's insolvency.

Unfortunately, the agency employees, to put it mildly, do not comply with these points of the code.

CV

Collection firms outbid banks the right to demand the return of money under a loan agreement. They wind up interest on the amount of actual debt, increasing it many times. Therefore, it makes no sense to return the money to the company. It is better to resolve the issue through the courts. Protection from banks and collectors is based on psychological calmness and the use of the postulates of the Law. Most likely, you will be pressured. But any action by the security forces can be rebuffed.

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