An expert tells how to recognize a scammer by phone number

This is possible, but with uncertain ones it is not possible.

RIGHTS AND OBLIGATIONS OF “COLLECTORS” ACCORDING TO FZ-230 “ON COLLECTORS”:

1) Rights of collectors under the new law

After the bill was passed, debt collection agencies had to cut back on their appetites. Previously, they could call and write to debtors (as well as their relatives) whenever they wanted. 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 must not contradict existing legislation.

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

Agencies cannot contact a bank client who is behind on payments if the loan agreement does not contain a corresponding clause allowing the involvement of 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, a company employee must provide his personal information and name the organization he represents. If a debt collector attempts to contact you during a no-call period, you can file a complaint against them. Collectors, according to the new laws, cannot call from hidden (unidentified) numbers.

The new law on collectors established the main rule that people who encountered their activities had been waiting for. Now debt collectors have no right to call at night.

On weekdays, telephone call times begin at 8 a.m. and end at 10 p.m. On weekends and holidays, calls are 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 calls more than 20 times a day, this is considered an invasion of privacy and you have the right to take legal action. Also, employees of organizations are prohibited from calling relatives or friends of the debtor.

In addition, the number of personal meetings has been 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.

3) Do debt collectors go to court?

Many people are concerned about whether debt collectors can sue if they do not get their money back. This argument is often used as a way to influence debtors.

Indeed, the company can appeal to a higher authority, but a person does not face a prison sentence 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 entered into an official agreement with the bank cannot apply to the highest authority.

If an appeal to the court occurs, the debtor will answer to the bank, and not to the collectors. Accordingly, there can be no talk of any repayment of exorbitant interest rates (which debt collectors often try to impose). They can only assign payment of penalties in accordance with the loan agreement.

You cannot sue if the statute of limitations on the loan document has expired (3 years).

4) Rights of debtors under the new law

Remember that collectors can call or write to you only within 4 months from the date the loan is in arrears.

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

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

If an employee of a company violates the established rules (fails to introduce himself, makes threats, or calls at night), you can file a complaint against him. However, before going to court, it is worth stocking up on evidence of violation of the law.

5) What to do if 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 liability for this.

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

Another way is to blacklist collector numbers or change your phone number. However, 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 undergoing treatment in medical institutions;

• disabled people of group 1.

If you don't mind communicating with creditors, speak politely and without insults. Harsh statements can be used against you if the case goes to court.

6) What to do if debt collectors threaten you in 2020

If your life, health or property is threatened, you need to collect evidence to go to court.

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

If they are trying to intimidate you via SMS, save the messages in your phone memory. In the future, they will also be used in court as evidence. You can simply ignore the threats if you do not plan to start a lawsuit.

7) Where to complain if debt collectors call about someone else’s loan

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

• your number was indicated by the person who took out the loan;

• the number previously belonged to the debtor;

• you are a guarantor for 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 process is long and you can go another way.

First, you should find out from the employee who called who the loan agreement was issued for and how your number is known.

Reasons for action

Since 2020, the activities of collectors are regulated by special legislation aimed at protecting the interests of debtors - this is Law No. 230-FZ.

Representatives of collection organizations cannot exert any pressure in the form of coercion to fulfill their obligations in order to collect the debt. The legislation has provided employees of the bailiff service with this opportunity. Only they can seize or seize property, evict people, etc. (Article 5, 3, 68 Federal Law No. 229).

The task of collectors is to convince citizens to pay their debts, and thereby help solve the problem that has arisen with debts. According to Art. 4 of Law No. 230 they are allowed :

• Meet in person and talk on the phone (direct interaction);
• Send telegrams, text voice and other messages (via email, SMS messages, etc.);
• Send information by mail to the address where the debtor lives or temporarily stays;
• Contact in the ways specified in the mutual agreement;
• Communicate with relatives, family members, neighbors of the debtor, etc., if there is a written agreement to do so between the debtor and these persons.

If there are doubts about the lack of authority of collectors, then information about whether a collection company has really been engaged to repay the debt can be clarified directly from the bank.

Collectors cannot collect debts by directly interacting with the debtor if he:

• Declared bankrupt (debt restructuring is carried out);
• Deprived of legal capacity;
• Being treated in a hospital;
• Has a disability of 1 group;
• There are no documents confirming the debt.

Anti-collectors

Advice from lawyers:

1. Am I required to file for bankruptcy if I have several loans worth more than 500,000 rubles, overdue for more than three months, or can I turn to loan lawyers (anti-collectors) for help? What is the difference? Thank you.

1.1. No one can force you to file for bankruptcy.

Did the answer help you?YesNo

1.2. No obligation. If you owe a debt to more than one creditor, you should stop paying completely to force him to file a lawsuit against you. In court, you can, referring to Article 333 of the Civil Code of the Russian Federation, petition. In court about a significant reduction in penalties (stumps, fines) under a loan agreement.

Did the answer help you?YesNo

1.3. Yes, they are required under bankruptcy law. But it's better not to do this.

Did the answer help you?YesNo

1.4. Dorosh Sergey Nikolaevich and Kolotushka Dmitry Vitalievich give you incorrect answers in accordance with clause 1 of Article 213.4 of the Federal Law on Insolvency, you are required to file a bankruptcy petition.

Did the answer help you?YesNo

Consultation on your issue

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2. We urgently need services on credit issues or an anti-collector in Yekaterinburg with positive judicial practice.

2.1. Contact us for an in-person consultation first to decide whether anything can be done at all in your situation.

Did the answer help you?YesNo

2.2. Olga, in order to help you, you need to know which Bank you have a loan from, because it often happens that loan agreements contain provisions that infringe on your rights as a consumer (commissions, insurance), and this is already a reason for the first to go to court with a claim for recognition of data provisions are invalid, and the proceeds can be used to repay the principal debt, I simply don’t see any other option. Do you have loan agreements in your hands?

Did the answer help you?YesNo

2.3. -Olga. Look in the lists for the name TSEKHE G. in Yekaterinburg.

Did the answer help you?YesNo

2.4. This site has a directory of lawyers and their specializations, select the right one from Yekaterinburg.

Did the answer help you?YesNo

3. Please explain how anti-collectors help the borrower. What is their job? Should you contact them for help?

3.1. Hello. It’s not worth it, just another scammer in fact.

Did the answer help you?YesNo

3.2. They don't help at all. They collect money, create the appearance of work, and in the end there is still no point.

Did the answer help you?YesNo

3.3. Hello! I just don’t recommend it - no one will solve your problems there, they just need your money.

Did the answer help you?YesNo

3.4. Hello! The work being carried out is as follows: debt restructuring, reduction of interest rates, penalties, return of illegal commissions and, in some cases, insurance. All this is carried out in court. Contact lawyers who deal with disputes with banks. You can send us a scan of the contract and information about the debt, I’ll tell you in advance what can be done.

Did the answer help you?YesNo

4. Nowadays there are a lot of services from so-called “anti-collectors”. Can you trust them or are they just another scammer? In particular, “Easy Finance”.

4.1. Just read reviews about them by typing the name in a search engine.

Did the answer help you?YesNo

4.2. It's all a scam.

Did the answer help you?YesNo

4.3. Hello. Most often these are scammers. But as for LegkoFinance LLC, reviews on the Internet are more or less positive, they provide some kind of assistance in court in a dispute with banks. But whether you should resort to their services is up to you to decide. Good luck to you.

Did the answer help you?YesNo

5. Where can I start filing for bankruptcy. I don’t have the funds to pay for anti-collectors. Can I file an application to court myself, without intermediaries? Thank you!

5.1. You can, open 127 Federal Law and start collecting documents on it and looking for financial information. manager

Did the answer help you?YesNo

5.2. Hello! You can submit it yourself. GOOD LUCK TO YOU.

Did the answer help you?YesNo

5.3. You can, having studied the provisions of the law on bankruptcy of individuals, collect all the documents and submit to the arbitration court. However, you need to keep in mind that it is impossible to carry out bankruptcy without a financial manager, and in order to find someone who agrees to handle your business, you need to have 150,000-200,000 rubles. to pay financial to the manager.

Did the answer help you?YesNo

6. I entrusted my funds in the amount of 20 thousand rubles to anti-collectors. They didn't do anything. Passed 2 ships. I found out purely by chance. 2 years have passed. They write and call, collectors are now very active with threats. How to be. After all, I don’t even know who and what is demanding of me. Thank you. Sincerely, Marina.

6.1. Report to the police against those who demand, Marina. This is extortion. Good luck to you.

Did the answer help you?YesNo

6.2. You cannot trust various kinds of scammers. It is necessary to contact only qualified lawyers and not to trust unrealistic promises. Arbitration/financial manager Vitaly Snytko.

Did the answer help you?YesNo

6.3. Contact the police about threats and extortion.

Did the answer help you?YesNo

7. I have a debt to the MFO, the MFO put it on debt 24. RF, unpleasant people call and offer to go to the sauna to work off the debt. The question is: how can I resolve the issue with them better? Should I agree with the microfinance organization on an installment plan or forget and wait for the trial? Or send contracts for analysis to the anti-collector organization?

7.1. If possible, try to redeem your debt through a third party. Otherwise, wait for the trial and get ready to repel the attacks of debt collectors.

Did the answer help you?YesNo

7.2. You don't need to buy anything. Invite them to go to court. Anti-collector organizations will not help you with anything.

Did the answer help you?YesNo

7.3. Tell them that you will resolve the issue only in court, let them file a lawsuit. As a rule, microfinance organizations do not go to court.

Did the answer help you?YesNo

8. I have a loan in Tinkovo, I paid regularly for 3 years, but there was no relief, now I haven’t paid for more than a year, yesterday they brought a court order, what should I do now, contact anti-collectors, or can I prove something myself to reduce the amount of debt?

8.1. An application to the court to cancel the court order can be sent to the court, and upon a new consideration, you can ask for an installment plan.

Did the answer help you?YesNo

8.2. Anti-collectors - don't TELL! They don’t even go to court, but they charge good money. You need to file an objection to the court order within 10 days, the court will cancel it 100%. But the bank still has the right to file a lawsuit, let them file a lawsuit, in which case you will be able to reduce the penalties, which are clearly disproportionate, during the consideration of the case! Plus you'll gain time. Please contact me, I will help you, my contacts are in the signature below the answer.

Did the answer help you?YesNo

8.3. First, you must file an objection to the court order within 10 days from the date of receipt of its copy by the magistrate who issued it; further actions depend on the reaction of the creditor.

Did the answer help you?YesNo

9. I have a debt on a loan from two banks, a collection and teneks. There are no problems with collection. But in Tenki, the amount does not decrease; the entire min payment is written off as interest. I can't pay any more amount. I do not work. I'm working part-time. There is no possibility to pay. Does it make sense to contact anti-collectors?

9.1. Good afternoon, there are no anti-collectors; on the contrary, at the first stage you need to resolve the issue with the bank. You have taken upon yourself the obligation to repay the loan, and the bank does not care about everything else. Therefore, there are a number of possibilities to solve your problem: 1) You have every right to refinance your loans. 2) Request restructuring from the bank. 3) The most convenient is “credit holidays”, that is, to freeze your debts for a period of 3 to 6 months, until regulate your financial situation. Do you have any contracts in hand?

Did the answer help you?YesNo

9.2. It makes no sense. There is no point in paying either. Let them go to court, in court ask to reduce the penalty interest under Article 333 of the Civil Code of the Russian Federation. The borrower has no rights to this: 1) You have every right to refinance your loans. 2) Request restructuring from the bank. 3) The most convenient thing is “credit holidays” “, that is, freezing your debts for a period of 3 to 6 months is all only with the consent of the bank, but not the right of the borrower.

Did the answer help you?YesNo

9.3. It’s easier just not to pay the “problem” bank, let them file a claim in court, where they can reduce the penalty interest and then ask for an installment plan.

Did the answer help you?YesNo

10. Interested in anti-collectors, who can really help within the legal framework, and not aggravate the situation, and have positive judicial practice.

10.1. Good afternoon. The reality is that it will most likely only get worse.

Did the answer help you?YesNo

10.2. It depends what you want.

Did the answer help you?YesNo

10.3. Hello! I am engaged in providing assistance with problems with banks and debt collectors. Describe your situation and I can tell you what can actually be done.

Did the answer help you?YesNo

11. I am interested in a real anti-collector, with a good reputation, successful business, which banks are afraid of. In Novosibirsk.

11.1. We don't have such anti-collectors. Normal lawyers resolve all issues either through negotiations or in court. But to be afraid... what's the point?

Did the answer help you?YesNo

11.2. Hello! Visit the Stop Debt website. The first answer is fundamentally wrong.

Did the answer help you?YesNo

11.3. So banks or collectors?: sm_ag: Many lawyers have experience in this type of work. Choose, contact us.

Did the answer help you?YesNo

12. Please tell me I had problems with the banks, I lost my job, I couldn’t pay on time, now I’m working, the banks have handed over the cases to debt collectors, who constantly call and threaten. Tell me if there are real anti-collector organizations that will help me. I live in Orenburg.

12.1. Hello! Alas, no. You can help yourself - collectors have no authority, just don’t communicate with them, ignore their threats. You can send them to hell. Make it clear that any dialogue with you is possible only within the framework of a court hearing. If they come home and persistently knock on the door, call the police.

Did the answer help you?YesNo

12.2. Write a statement about the threats to the police, and demand from the collectors an agreement that they bought your debts from the bank.

Did the answer help you?YesNo

12.3. It would be best to file a claim in court to terminate the loan agreement unilaterally. As a rule, banks charge a lot of extra money in the form of interest, penalties, etc. In court, the court will reduce these excess funds for you, and also assign a deferment/installment plan for payments, in accordance with the law. As for collectors and any visiting groups, this is generally prohibited by law and is equated to extortion. If someone arrives, immediately call the police and file a statement about extorting money from you.

Did the answer help you?YesNo

13. Is it possible to turn to anti-collectors for help if you find yourself in a difficult situation... help will actually be provided, or is it just another trap of drawing out money...

13.1. In my opinion, you will not receive anything other than payment for the services of these persons. They only need money, that much is clearer.

Did the answer help you?YesNo

13.2. What exactly do you need? To stop calling? Threaten? Write in private messages, I will help you in this matter.

Did the answer help you?YesNo

13.3. Olga, anti-collectors is just the name of a law firm (I don’t know if it’s good or bad). In the field of protecting the rights of consumers of financial services, you will find the right specialist on this site.

Did the answer help you?YesNo

Consultation on your issue

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14. We urgently need the services of a lawyer on credit issues and an anti-collector in Novosibirsk with positive judicial practice.

14.1. Please contact me, in addition to me, there are many lawyers from Novosibirsk represented on the site.

Did the answer help you?YesNo

14.2. Hello. Call.

Did the answer help you?YesNo

14.3. 195 lawyers from Novosibirsk are registered on the site. Choose.

Did the answer help you?YesNo

15. Debts in MFOs. Will I be able to deal with them myself without the help of lawyers and anti-collector agents?

15.1. Depends on the depth of your knowledge of civil law and the ability to apply this knowledge in practice.

Did the answer help you?YesNo

15.2. Dear Tatyana! I remind you that under microloan agreements with citizens concluded from March 29, 2020, interest on the loan is subject to calculation in the amount established by the agreement, taking into account the restrictions on their size in accordance with clause 9, part 1, article 12 of the Federal Law of July 2, 2010 No. 151-FZ (as amended). For more details, see Generalization of judicial practice of the Chelyabinsk Regional Court for the 4th quarter of 2020, case No. 11-12871/2017, More details >>>

Did the answer help you?YesNo

16. Tell me, collectors call 5 times a day, especially the same number, violating everything, they start calling at 7.30. I have “Anti-collector”, and it was to this number that I wrote a statement to the police, maybe it’s them after checking will they get impudent now?

16.1. Good day. Anything is possible, but any illegal actions can only be stopped by filing a corresponding complaint with the prosecutor’s office.

Did the answer help you?YesNo

16.2. Such complaints, as a rule, have no effect, since collectors cannot really be punished in any way, so you need to improve the technical side of the issue in order to avoid contacts with collectors. Try some new technical means, you can change your phone number.

Did the answer help you?YesNo

17. Are there really articles by G.K. R.F. about loans where banks inflate interest rates and penalties several times! And is it possible to challenge them in court? Or it's just a DIVORCE! from so-called anti-collectors such as VITACOM!... THANK YOU!

17.1. If the bank sues, you can ask the court to reduce the amount of the penalty, then the total amount of debt on the loan will decrease. Article 333 of the Civil Code.

Did the answer help you?YesNo

17.2. from so-called anti-collectors such as VITACOM!... THANK YOU! There are many reviews about the Vatican that they basically swindle people out of money without providing real help.

Did the answer help you?YesNo

18. Nowadays there are a lot of services from so-called “anti-collectors”. Can you trust them or are they just another scammer? In particular, “Easy Finance”.

18.1. We are not a help desk and do not know such a company. Trust those about whom you receive positive feedback from people you know.

Did the answer help you?YesNo

18.2. Don't trust these scammers.

Did the answer help you?YesNo

19. I had to take out several loans to pay for my studies. I'm currently on vacation. I used my vacation pay to pay off part of the loans. There wasn't enough for the rest. Other loans are denied. There are already delays. One microfinance organization gave my debts to collectors. I've been going back to work since mid-August. I don’t know what the right thing to do is contact anti-collectors? Can you give me some advice?

19.1. If you can't pay, wait for trial. You need to ask the court to reduce the penalty, then the total amount of the debt will decrease. According to the court decision, 50% will be withheld from the salary.

Did the answer help you?YesNo

19.2. If you can't pay, wait for trial. In court, ask for a reduction in the penalty in accordance with Art. 333 of the Civil Code of the Russian Federation, this will reduce the amount of debt. If they threaten, contact the police.

Did the answer help you?YesNo

20. I took out a loan (overdraft) in Rust. I can’t pay for 2 months because... lost her job. The situation is this: bank employees come to my parents’ work, demand me, and try to deliver some letters. They call relatives and friends, they call me 50-60 times in 7 minutes (I don’t answer, there is an anti-collector). Question: is it possible to sue and demand compensation, or better yet, terminate the contract. Are the bank's actions a breach of contract?

20.1. Write a statement to the prosecutor's office and the Central Bank of the Russian Federation.

Did the answer help you?YesNo

20.2. No, you are the violator of the loan agreement. It is not possible to terminate the agreement with the bank unilaterally.

Did the answer help you?YesNo

I’ve heard about anti-collectors who help get rid of unbearable loans due to job loss or other difficulties.

Anti-collector Alexander tells you that you can give a notice to all banks

What to do in this situation?

The law obliges all collectors from January 2020 to enter information about their organization into the state register of legal entities. persons The Federal SP Service maintains and controls this register. Information about collectors is open and should be on the website not only of the FSSP, but also directly of the collection company itself (Articles 12, 14 of Law No. 230-FZ; clause 1 of RF PP No. 1402).

The duties of the collector during a telephone or personal conversation with the debtor include providing all information about the creditor and the collection company itself (Article 7 of the Federal Law No. 230).

Therefore, before communicating with you, the collection company by law must confirm its authority. And the first thing you need to start communicating with is to ask for the following information :

1. Full name of the collector calling and demanding the debt.
2. Full details of the lender.
3. Confirmation of the fact of debt and the basis for its occurrence.
4. Contact phone number of the creditor and the collector himself.

The law directly prohibits influencing the debtor physically, psychologically pressing, threatening, using any expressions or taking actions that humiliate the debtor himself and other persons (Article 6 of the Federal Law No. 230).

What to do if collectors constantly bother you? The debtor may refuse personal meetings with debt collectors and act through a representative. If the debtor wishes to completely refuse to communicate with the collection company, this is possible only after 4 months have passed from the moment the debt became overdue. To do this, a notarized application is sent to the collector (Article 8 of Federal Law No. 230).

How do collectors find out relatives' numbers?

To save your own nerves, it is better to refuse to take out a new loan until the old one is over. Mobile devices must have an international identifier, which is unique. When changing the SIM card, the phone remains the same, you can make inquiries using the identifier.

If the phone is purchased in installments, its ID is recorded in the store. When a payment debt arises, the store sells it to collectors along with information about the phone. If you have a similar situation, it is useless to change only the number; you will have to buy another phone.

How to speak: rules of communication

A conversation with a collector, of course, does not bode well for the debtor. Such conversations always cause emotional experiences, but you cannot refuse communication. If the dispute goes to court, your position will be losing.

Therefore, you should learn to conduct a dialogue correctly and learn a few rules :

1. Never communicate with debt collectors anonymously. If they forget to provide complete information about themselves, the creditor and the debt being collected, demand compliance with the provisions of Law No. 230-FZ.
2. Recording conversations on a voice recorder helps to avoid illegal actions. Don't forget to notify the collector about this in advance. The understanding that a recording is being made cools the excessive ardor of collectors.
3. Prevent attempts at rude and boorish communication, reminding you of your legal right to report this fact to law enforcement officers.
4. If calls are too frequent or are made at times not permitted by law, for example, at night, this is a reason to file a complaint with law enforcement agencies. Record the fact of such a call. Relatives or work colleagues who witness unlawful actions can help with this. Don’t be too lazy to also order a printout of calls from your mobile operator.

Can collectors find out the phone number of relatives?

It is often possible to find citizens of interest there and a lot of useful information about them.

Sometimes collectors go further, they themselves create fake pages for the citizen of interest, then extort data from friends, classmates, and acquaintances. Treat online questions with caution, insist on real communication if they ask for personal information. We advise you to read: What is an installment card?

The law does not prohibit debt collectors from making inquiries on social networks, so users themselves need to exercise prudence and caution.

Method 2. New loan After changing the phone number, the borrower may want to get a new loan, contact the bank.

If they bother you constantly and from different numbers

Constant calls from collectors can be considered illegal if the rules established by Art. 7 Federal Law No. 230. According to its provisions, there are restrictions on the time of contact between the collector and the debtor. These can only be:

• weekdays from 8:00 to 22:00;
• weekends from 9:00 am to 20:00 pm.

The total number of calls cannot be more than:

• 2 - per day;
• 4 - within a week;
• 16 per month.

The opportunity to carry out such interaction, if it involves a personal meeting, is limited to once a week.

Calls regarding other people's loans

There are situations when debt collectors call about someone else's debt. They demand information about people they don’t know (debtors), they scare me and threaten to come home.

This is possible if you:

• Debtor;
• Debtor's spouse;
• Accepted the debtor's inheritance;
• Guarantor for loan obligations (a person who provides security for the debtor’s obligations).

Based on this, if you do not fall into the circle of people described above, then any attempts by collectors to exert any pressure or force you to perform any action regarding the return of debts, providing any information on debts to which you are not related, will be illegal.

What help can they provide?

Anti-collectors can provide any variety of services.

For example, collectors call the debtor early in the morning, and in threatening tones they threaten to burn down the apartment or dacha - this is called blackmail . In this situation, the anti-collector develops individual legal protection for the debtor, which in the future can turn into a criminal case against the actions of the collector who tried to blackmail.

It is worth noting that many borrowers complain about deception on the part of collectors , that is, the collector forces you to pay a certain amount and says that the debt will be covered completely, but in life, this amount is only enough to pay the fine that has accrued over a certain period.

In this situation, the anti-collector provides all possible assistance to the debtor in order to prove the fact of deception, write a statement about this to the court and reclassify from a debtor to a victim.

In addition, anti-collectors have a significant impact on possible debt restructuring, which helps to get out of the debt hole and avoid a significant overpayment on the loan.

Based on this, anti-collectors provide a wide variety of assistance to debtors.

How to solve this issue?

Sometimes debt collectors, neglecting legal requirements, exceed the powers given to them, try to illegally seize the debtor’s property, behave quite aggressively, make threats, and sometimes use physical force.

In this case, despite the signed agreements, if there were any, it is necessary to end any relationship with them and contact the police and insist on initiating a criminal case.

You can also appeal the actions of creditors to the FSSP . Such a statement may serve as a direct basis for conducting an unscheduled inspection of the collection company.

If, as a result of a debtor’s complaint, one-time and gross violations of the provisions of legal acts by a collection company were identified and damage was caused either to the property or health of the debtor (other persons), such an organization will be excluded from the state register and will lose the right to continue collection activities.

The same consequences may arise if collectors ignore the instructions of the FSSP throughout the year and continue to violate the requirements of the law that regulates their activities related to the return of overdue debts of citizens (Articles 16, 19 of the Federal Law No. 230).

"Random" guarantor

This story began with Ivan a year ago. One day I started receiving endless calls from debt collectors. These were robots, but the number of calls reached up to twenty per day and simply drove me crazy. On the phone they said something like this: “Sergei Petrovich Ivanov owes a certain amount of money. In order to find out the details, call back on such and such a phone number.” As it turned out later, the person who signed Ivan as his guarantor for the loan turned out to be his former colleague, whom the man last saw about 15 years ago.

They always called from different numbers. Ivan had to install an application where he can create a list of “black numbers” that the phone will automatically block. There were more than fifty of these. Realizing that he could not cope alone, the man decided to join forces with other deceived guarantors who found themselves in a similar situation, and created a group against the collectors on the social network. People who had become guarantors without their knowledge shared their experience of interacting with debt collectors, tested various programs for cutting off calls, and collected materials to jointly file a lawsuit against the unlawful actions of debt collectors. Other members of the group simply did not believe how the interest on a loan could exceed the amount of money borrowed tens of times.

After this topic was raised on the Internet, hundreds of “live” collectors attacked Ivan. Not only did they make verbal threats, but they also found his photographs from his personal archive on the Internet and posted them on various resources, trying to cast him in an unfavorable light. Once Ivan called back the number announced by the robot collector and had an argument with the employee, after which other collectors were set on him, who called from different mobile numbers, were rude and threatened.

Beware of microfinancers

Photo: TASS/Artem Korotaev

According to anti-collection organizations, just two or three years ago, complaints from the population (especially in the regions) were of a completely different nature: from hooligans who call and, without introducing themselves, shout into the phone “return it, you know who!”, to physical violence, including cases of shooting at debtors with traumatic weapons and cases of incitement to suicide. But with the introduction of the federal law on collectors, the situation changed for the better.

However, if previously the main complaints were about an excessive number of calls to the debtor, his colleagues and relatives, recently people have begun to complain about pressure through social networks, as well as the dissemination of false information about him and his relatives. So, just recently a story spread on the Internet about a resident of Chelyabinsk, whose brother (living in the Krasnodar Territory) owed 80 thousand rubles on a loan. To get the debt out, the collectors decided to put pressure on the debtor’s brother and posted an ad on social networks with his photo and information that the man was allegedly waiting for 10-15 year old boys near the school and inviting them to “play computer” in his car. Another situation occurred in the Khabarovsk Territory, where they made a pornographic collage from photographs of the debtor’s daughter and sent threatening messages to the schoolgirl. Based on the results of the inspection, a criminal case was initiated.

In general, such egregious cases occur quite rarely and, according to the head of the social project “Stop! Collector" Vyacheslav Kurilin, about 80% of requests for protection from collectors are related specifically to microfinance organizations (MFOs). There are two main problems here.

The first is the low financial literacy of the population, the second is the illegal collection procedure used in such organizations. Practice shows that people who use microloans, as a rule, do not understand the mechanism for calculating interest at all and do not think how much and when they will need to repay. Many people do not know that, by law, interest on microloans cannot exceed the amount of debt more than three times. Such people can easily be misled in order to circumvent the restriction by re-issuing more and more new loans.

“From my point of view, microfinance has absolutely no positive effect. The money a person borrows cannot save him. The percentages are colossal and can reach up to 800-900%. Unfortunately, people very often take out microloans to pay off other loans. This is due to the construction of a personal financial pyramid, which only leads to a more complicated situation for a person,” notes Kurilin.

This opinion is also shared by the director of the National Association of Professional Collection Agencies (NAPKA) Boris Voronin: “Microfinancers are just some kind of misfortune and evil, they naturally intimidate people. About 90% of people facing debt collector threats are those who are behind on their primary loan.” The fact is that up to three months, debts are always collected by the creditor himself; this is done quite quickly and painlessly for both parties. And the debts of those who could not be reached can be sold by the main creditor. This is where collectors from unscrupulous agencies come into play and can use aggressive methods.

Where to contact

Photo: TASS/Vladimir Gerdo

So, if you are a borrower who has encountered unlawful actions by debt collectors, or you have been signed up as a guarantor without your knowledge and are beginning to exert any form of influence, it is important not to become isolated, thinking that this will somehow resolve itself. The mechanisms of “I just won’t pick up the phone” or “It’s not me, it’s my relative, let him sort it out” don’t work either. You must contact the relevant authorities:

1. Send a letter to the Prosecutor General's Office of the Russian Federation, the appeal will be considered within 30 days. 2. Write an application to the Federal Bailiff Service (FSSP), the review period is also 30 days. By the way, on the website you can find out about your official debts by entering your full name, date of birth and place of registration. 3. It is advisable to record a telephone conversation with the collector in order to record the fact of the threats. Install a call recording application on your phone. If the collector is rude, gets into a “you” manner and threatens, don’t hang up, but don’t be rude in response. Your task is to bring him into conversation, make a recording and attach it to the application to the FSSP so that the person or agency can be held accountable.

How do collectors find out relatives' numbers?

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Therefore, it is better for the debtor to refrain from trying to get a new loan until the statute of limitations on the first, problematic loan has expired. Method No. 3. IMEI code This international identifier for mobile telephone devices is assigned to each mobile phone and remains unique.

LegalAddition to the family. Photographing an extract from the maternity hospital. A survey of opinions about hospitality and its boundaries. What to do if they hate you. About theirs, about their girls' time They call from an unfamiliar phone 'call at a friend's expense'. About relatives and hospitality)). SP: gatherings are a disease, how to tell your family. Family relationships Calls immediate relatives by name. Q about debt collectors or bailiffs.

LegalTemporary registration. Real estateLoan from a relative = your own?.

Finance How to tell your family?. Family relationships And about relatives.

Family relationships: Tell me, this is normal - by calling.

What not to do

1. No need to call back the collection agency and threaten in return. Firstly, such organizations usually have a single number and a dedicated line, so it is impossible to find the person who called. Secondly, you can be prosecuted for insulting someone over the phone. 2. Use the services of agencies that offer to switch all communications with debt collectors to them for a certain amount and prepare the necessary documents to resolve the issue. Most of these companies charge a fee for the service and support, but in fact do nothing, limiting themselves to not always correctly drafting a letter to the prosecutor’s office. There have been cases when a person paid an amount equal to the size of the debt itself for the service of such an organization.