Who are the collectors and how to avoid them

Who are the collectors?

Collectors - specialists who provide debt collection. Usually they work with creditors of large banks or working in the wings at the microfinance institutions. Their goal - at almost any cost to force the defaulter to return the money.

In the US, the collectors were in the 60-ies of XX century. In the 80 such companies began to open in Europe. In Russia, the first debt collection agency first established as subsidiaries of banks. First standalone collection agency CJSC "FASP" was registered on August 9, 2004.

Now collectors in Russia are working on two schemes:

1. The collectors are buying loans from credit organizations incomplete price. The Bank writes off the difference in payments as a loss, and the agency is trying to knock out the entire amount of the debtor.
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2. The contract between the creditor and the bank has not been revoked. Collector simply stimulates the flow of regular payments.

What collectors can do with the debtor under the law?

according to the law, Which regulates the activities of collectors, they are allowed to:

• communicate with the debtor with his consent;
• reminded of the debt and to talk about the consequences of its failure to pay;
• call the creditor no more than once a day, twice a week, eight times a month;
• meet in person only once a week.

What collectors should not do?

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

• apply to the debtor physical force, threaten injury or murder;
• destroy or damage the property of the creditor;
• insulting the honor and dignity of the interlocutor;
• distort the size of the debt, to lie about the possibility of criminal liability;
• transmit information on loans to third parties: relatives, friends, employers;
• disseminate information about the duty in the public domain: the media, the Internet, social networks;
• communicate with the lender from 22 to 8 hours per week, and from 20 to 9 hours outside.

What the collectors paint the porches and beat debtors?

In this area, as in any other, has its shadow side. Occasional calls without threats are not always motivated by the defaulter to return credit. The salary of employees of collection firms depends on the amount of returned payments. Therefore, the extortion of debts they fit with enthusiasm.

In the arsenal of black collectors as relatively harmless, although plaguing methods, and frankly dangerous. The former include terrorizing calls virtually around the clock. To the second - the threat of the debtor and his family, bito glass in the apartment, arson and torture. All this, of course, illegal.

I have a small debt. Why do I call collectors?

Usually collectors give small debt with significant failure to pay interest. When we are talking about a really large sum, a credit institution is likely to go to court.

How to deal with collectors?

First of all stay calm. The collector must be presented. If he did not ask him to call himself and the organization he represents. Let dictate agency contacts. So you can call back to the firm and make sure that this person is really working there.

Find out if your bank does ceded debt. To do this, you need to contact the credit institution and find out that it does not bind you to any relationship anymore. If you still owe the bank, decide with him the issue of debt restructuring. If not, ask for the documents for a loan from a collector, otherwise the risk to pay the money, but did not say goodbye to credit. If everything is legitimate, you can simply repay the debt and to continue to live in peace.

With representative agencies say friendly, but do not tell the personal details of where and with whom you live, what roads go. Excuses why you do not pay, too, should not - be wasting your time.

How to avoid a meeting with collectors?

Not to meet with collectors, whether or not to take out loans, or approach this matter very seriously. Be sure to enclose a written contract with a bank or microfinance organization. In it the following information should be included:

• the size of the loan, expressed in rubles;
• the full amount payable;
• loan repayment schedule;
• conditions of early repayment of the loan (in some cases, the bank must be informed of this in advance - it can impose a fine);
• the possibility of transfer of personal data to third parties (you can accept or reject).

The main thing in getting a loan - it is time to return it. If the financial conditions had changed and return the loan on the same terms you can not, contact your bank. Credit institutions are interested to get your money back. Most likely, you will meet and make a new payment schedule.

What should I do if I encountered a black collectors?

If the collectors are working with the help of illegal methods, you should immediately contact the police. From death threats, attempts to go into the apartment uninvited, beatings should not defend the law on sewers and the Penal Code.

But, relying on the defense of the state, should be aware of two things. Firstly, the police may refuse to accept the application. Law enforcement officers use different excuses, mostly illegal. If you help the police did not find, write an application to the prosecutor's office. Prosecutors, if the violation of law is confirmed, police will be obliged to faithfully execute the office.

Second, when confronted with collectors rescue of drowning remains largely the handiwork of drowning. Therefore collect evidence base:

• record the threatening phone calls (and just too frequent calls) on the recorder;
• call the police every time the collectors come to your home and try to get into the apartment;
• take photos of damaged property.

Evidence will take you to court. To make a complaint, you can not only collection agency, but also the bank. Orenburg lender filed a lawsuit to the "Orient Express Bank" for the transfer of personal data to third parties and won court. In Karelia, the collector was sentenced to 10 months in jail for threats to blow up the children's garden, where she worked owe.

What if there is no debt, but collectors still persecuted?

Such situations do not occur so rarely. Collectors can haunt you, because the debtor lived in your apartment, or a full namesake, or is with you in the relationship. Inscriptions on the debt often appear in the entrance or at all machinesParked in the yard of the creditor.

All these methods are illegal. Deal with collectors must police. And it is better to go to court. Together with a claim you need to provide proof of threats or damage to property.

For example, a lawyer from Omsk Roman Kuzmin won a court in the reservoirs representing the bank "Trust". Its phone number in the database turned out to be recorded on a citizen who did not return the loan. During the nine months he was attacked by threatening phone calls. He went to court and won the case. The bank must pay him 6,000 rubles and to compensate for legal fees. In the Saratov region employees of the organization microloans "Home money" convicted painted over the entrance.

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