Black collectors
Advice from lawyers:
1. Black collectors wrote to me on WhatsApp with threats.
1.1. — Hello, dear site visitor, so what? Return other people's borrowed money on time, and there will be no problems. Good luck to you and all the best, with respect, lawyer Legostaeva A.V.
Did the answer help you?YesNo
1.2. Hello! What are “blacks”?
Did the answer help you?YesNo
1.3. If there have been threats, contact the police. I directly recommend to collectors not to pay anything, they will scam you out of your money, let them go to court.
Did the answer help you?YesNo
1.4. You do this: 1) You either change your phone number, or you are forwarded to another number. 2) Applications for revocation of personal data are submitted 3) To the police (if collectors bother) and Roskomnadzor. 4) To the FSSP for the actions of collectors 5) To the Central Bank 6) Track yourself through the courts and bailiffs. I can’t say more, since I don’t know your circumstances and don’t see the documents.
Did the answer help you?YesNo
1.5. Hello Ratmir! A complaint about unlawful actions of debt collectors must be sent to the FSSP.
Did the answer help you?YesNo
Consultation on your issue
8
Calls from landlines and mobiles are free throughout Russia
2. Black collectors are putting pressure on the manager and me.
2.1. What do you mean by the word “pressure”, if you receive threats, etc., then contact the police.
Did the answer help you?YesNo
2.2. Hello Nadezhda! Send to the creditor a partial withdrawal of personal data, withdrawal of consent to interact with third parties, refusal to interact (if the delay is more than 4 months), a request for the destruction of personal data that is not necessary for the stated purpose of processing, refusal to execute the interaction agreement. Your case will be withdrawn from the collectors, all calls and SMS will stop, both to you and to third parties, no one will come to your home. Whether or not to communicate with anyone is up to you to decide. Calls to work and other methods of disseminating information about your debt at your place of work are prohibited by 230-FZ, regardless of the consent of the debtor. A complaint about unlawful actions of debt collectors must be sent to the FSSP. There is also an interesting option for protecting consumer rights, which, under certain conditions, will make it possible to prevent an unscrupulous creditor from entering the debt collection court and punish him with rubles. In addition, I recommend reading the following articles: How to get out of the microloan “trap”? Read more >>> How to reduce the amount of debt on a microloan by 6 times or more - an example from judicial practice Read more >>> How to win a lawsuit against a bank over a loan Read more >>>
Did the answer help you?YesNo
3. Do I have the right not to answer calls from collectors and blacklist their numbers?
3.1. Yes, you can ignore it.
Did the answer help you?YesNo
3.2. Of course you have that right...
Did the answer help you?YesNo
3.3. Hello, Natalia! This is your constitutional right! You have the right not to answer calls. But I think it’s worth thinking about solving this problem in court.
Did the answer help you?YesNo
4. Bank employees are calling from different numbers, demanding repayment of the debt, I can’t pay, there are many organizations, I suggest resolving issues over the phone in court, while the interlocutors are threatening that they won’t go to court, they’re turning to collectors, can I refer them to legal address by registered mail application for withdrawal of consent to transfer personal data to third parties and from what moment will this application have legal force? Can I blacklist numbers?
4.1. Good afternoon Yes, you have the right to submit an application to revoke your consent to the storage and processing of personal data. You can recommend going to court with a separate statement.
Did the answer help you?YesNo
4.2. Anastasia, you have the right to make such a statement. You also have the right not to answer calls, take certain measures to prevent these persons from calling you, etc.
Did the answer help you?YesNo
5. Black collectors call me and threaten me, I didn’t take out any loans anywhere! As it turned out, my father took out a loan right away, he hasn’t lived at his registration address for more than 10 years, I don’t communicate with him, can collectors come? What should I do?
5.1. Good afternoon Record the threats on a voice recorder, write a statement to the territorial police department at your place of residence, attaching the audio recording and incoming numbers.
Did the answer help you?YesNo
6. A letter comes to my mother once a year about some debt from AVON for 7,464 rubles. The debt was transferred to the collectors of RSV LLC. Mom has never used AVON services or products! The letter is all black and white, as if it had been printed on a printer, the signature is not original but printed... it was even assigned a personal number AVON 77-12-000360. What to do?
6.1. Recently, a similar question has come up several times, in which AVON appears. Very similar to some kind of scammers. Do not respond to these letters and do not pay anything to anyone without a court order.
Did the answer help you?YesNo
7. Renaissance Bank sold my debt to collectors, about 4 years have passed, I don’t communicate with collectors. What should I do since I am on the black list? How can I pay off my debt?
7.1. Through a notary's deposit.
Did the answer help you?YesNo
7.2. Good afternoon First, you need to determine whether the statute of limitations has expired or not. And then decide to pay or not and how much to pay. The limitation period for claims for overdue time payments (interest for the use of borrowed funds, rent, etc.) is calculated separately for each overdue payment. Do not communicate with collectors. It is better to resolve all issues with the bank.
Did the answer help you?YesNo
7.3. No way! They won’t even recover it through the court - Articles 196 and 199 and 200 of the Civil Code of the Russian Federation - THE LIMITATION PERIOD has PASSED.
Did the answer help you?YesNo
7.4. Don't pay anything, your LED has expired. Do not communicate with collectors, send them to court; you have the right to file an objection to the court order, if one is issued by the court. - see art. 196 of the Civil Code of the Russian Federation.
Did the answer help you?YesNo
8. Due to a difficult life situation, I cannot pay my debt. Please tell me if the Bank (collector) offers to pay off the debt in this way." "New Year's promotion! Your debt is 62,500 rubles. The bank offers to pay off the debt in full for RUB 13,800. Credit Europe Bank. Details by phone. 88007003395 "" What consequences will there be, and is it legal? Will the debt really be paid off, or will my name still remain on the blacklist of defaulters?
8.1. Hello! Don’t get burned, such promotions and HOAs/MCs are supposed to pay off your debt and write off your pension. In the end, nothing was written off; I talked to many people about this. The very scheme you presented above is to force non-payers to pay faster.
Did the answer help you?YesNo
8.2. In order for the agreement proposed by the bank to be fulfilled, you need to insist on concluding an appropriate written agreement with the bank, which will indicate: 1. The total amount of the bank's claim, 2. The bank's refusal of the above total amount of claim if you Over a period of time, pay a certain amount (less than the total amount of the claim). With this option, the bank will not be able to demand more from you than you agreed to pay under the agreement, provided that you make the appropriate payment on time.
Did the answer help you?YesNo
9. This is the situation, I took out a loan three months ago from M Foros, at first I paid the interest, but then I started having financial difficulties, which are still continuing, I can’t even pay the interest, yesterday threats and insults started, they write to me online WhatsApp, about 10 minutes ago there were continuous calls from different numbers, I immediately realized that these were collectors again, I added the numbers to the blacklist, what should I do? There is no way to even pay off the interest, I am afraid for the safety of my children and myself.
9.1. Write a complaint to Rosdengi, the collection control service and the Central Bank. Can help.
Did the answer help you?YesNo
9.2. Hello Albina! Don't be afraid of anything, these are the usual methods of work for this company. Send to the creditor a partial withdrawal of personal data, withdrawal of consent to interact with third parties, refusal to interact (if the delay is more than 4 months), a request for the destruction of personal data that is not necessary for the stated purpose of processing, refusal to execute the interaction agreement. Your case will be withdrawn from the collectors, all calls and SMS will stop, both to you and to third parties, no one will come to your home. Whether or not to communicate with anyone is up to you to decide. Calls to work and other methods of disseminating information about your debt at your place of work are prohibited by 230-FZ, regardless of the consent of the debtor. A complaint about unlawful actions of debt collectors must be sent to the FSSP.
Did the answer help you?YesNo
10. In 2006, I took out a loan of 30,000 rubles. I paid for 5 months, then I was laid off from my job, and a bad streak began. And today the collectors came, said that I had a debt, and made me sign an agreement that I agree to pay them. But 13 years have passed. Please tell me they have the right to force me. And SMS comes from FCB, then the account is replenished, then we wrote off such and such an amount.
10.1. Don't sign anything. You need to study the contract.
Did the answer help you?YesNo
10.2. No one has the right to force anyone to sign documents - it is illegal. If you sign the documents, you will be required to repay the debt for the entire period, as this will mean recognition of the debt. In this case, the statute of limitations is interrupted and collectors will be able to collect through the court the entire debt for 13 years.
Did the answer help you?YesNo
10.3. By signing the agreement, you confirmed your payment obligations. You weren't obligated to do this.
Did the answer help you?YesNo
11. We took the installment plan and paid regularly, then it wasn’t possible; we were delayed for 2 months, but we plan to pay off the entire debt in 10 days; they call us and say that they will put us on a black list and that they will hand it over to collectors, although the debt was only 100 thousand, 130 have already been paid 30 There are 100 left, can the truth be blacklisted and will there be problems with loans later? Well, what can I get?
11.1. Good afternoon. It's unlikely to be blacklisted, it will just go into your credit history.
Did the answer help you?YesNo
11.2. Interest on the loan and other essential terms must be specified in the agreement. Therefore, for a more or less reasonable answer to your question, you need to study the loan agreement, the schedule of your actual repayment of payments, and other features of your situation. Often banks demand unreasonable penalties, fines, etc., which may not be paid, but the amount of the principal debt will most likely have to be paid. To give specific recommendations for minimizing payments, you need to understand all this.
Did the answer help you?YesNo
12. My friend took out a loan, but I haven’t communicated with her for two years now. She gave my number there and apparently didn’t pay and doesn’t intend to, they call me and say that they will transfer her debt to me and give the collectors all my information, supposedly so that I will pay. I had already blacklisted the number, so they started calling another number. What to do in this situation?
12.1. This is not possible. You are simply being intimidated.
Did the answer help you?YesNo
13. Took out a loan in the amount of 20,000, paid off the interest, paid 18,000 thousand of the debt in installments, refused to run up the interest, the amount of the debt was 40,000 thousand, there is no way to pay, they are afraid of black collectors.
13.1. Hello. By virtue of Article 333 of the Civil Code of the Russian Federation, you can reduce it in court.
Did the answer help you?YesNo
Consultation on your issue
8
Calls from landlines and mobiles are free throughout Russia
14. I didn’t take out a loan, a friend asked if she could give me my number, I allowed it because I knew about her integrity, but she was denied a loan due to lack of work and the fact that she was retired, but how do I know if she’s telling me the truth? because collectors call me on it, they introduce themselves as the debt collection department, all their numbers are different, I started blacklisting them, they call 3 times a day.
14.1. Hello, find out which collection agency is calling you and write a statement there to stop processing your personal data.
Did the answer help you?YesNo
15. Collectors have tormented me with calls five times a day, demanding payment of the debt they purchased to the bank since 2012. I blacklisted them, they call from different numbers. The girl is rude and demands to pay 40,000 thousand, but I took 30,000, but if I pay right away they will give me a discount then I need to pay 38,000 or 36,000. I don’t know what to do, my nerves are frayed. Please tell me. Thank you.
15.1. Hello, if there are threats, write a statement to the police. Or change your SIM card.
Did the answer help you?YesNo
16. Collectors sent a notification letter under Article 385 about the assignment of rights of claim under (online loan) to Zam-Online MFO which sold the debt under an assignment agreement. In the letter, the signatures and seals are printed through the printer in black letters, what should you do in this situation?
16.1. This is an ordinary “scarecrow” designed for grandmothers and old people. Collectors scare collectors. There is a place for such “scribbles” in the toilet.
Did the answer help you?YesNo
16.2. Good day! You need to request original documents from the microfinance organization, although very often the court takes such “documents” as a basis and satisfies their claim. If you have any questions, write to us in PM, email or WhatsApp! Be sure to write a review!
Did the answer help you?YesNo
17. Collectors sent a notification letter under Article 385 about the assignment of rights of claim under (online loan) “Zam-Online” MFO. In the letter, signatures and seals are printed through a printer in black letters, what to do in this situation?
17.1. At the same time, the law (Article 385 of the Civil Code of the Russian Federation) does not establish the volume and nature of the necessary information about the assignment of claims. As sufficient evidence, one should consider the debtor's notification of the assignment of the claim or other written confirmation of the fact of assignment of the right of claim. In your case, you can request in writing to request a contract of assignment of the right of claim (cession), although the new creditor is not obliged to provide it to you. You can also ask the old creditor in writing whether he really assigned the right of claim to the new creditor. Resolution of the Plenum of the Supreme Court of the Russian Federation dated June 23, 2015 N 25 “On the application by courts of certain provisions of Section I of Part One of the Civil Code of the Russian Federation” 65. Unless otherwise established by law or agreement and does not follow from custom or practice established in the relationship of the parties, a legally significant message may be sent, including via e-mail, fax and other communications, carried out in another form corresponding to the nature of the message and relationships, information about which is contained in such a message, when it can be reliably established from whom the message came and to whom it was sent addressed (for example, in the form of posting information for participants of this company on the website of a business company on the Internet, in the form of posting on a special stand information about the general meeting of owners of premises in an apartment building, etc.). 66. A legally significant message may contain information about the transaction (for example, a unilateral refusal to fulfill an obligation) and other information of legal significance (for example, notification of the debtor about the transfer of rights (Article 385 of the Civil Code of the Russian Federation).
Did the answer help you?YesNo
18. Collectors sent a notification letter under Article 385 about the assignment of rights of claim under (online loan), in the letter the signatures and seals are printed through a printer in black letters, does this have legal force?
18.1. No. The signature and seal must be original. Write a response asking to confirm the signatory's authority and provide you with evidence of the assignment. Before receiving the requested documents, make the payment using the same details.
Did the answer help you?YesNo
18.2. We need originals. Anyway.
Did the answer help you?YesNo
19. Several years ago I had a debt with Uralvneshtorg Bank, it was handed over to collectors. The first collection. I closed the debt, all the receipts seem to have been saved. I can’t say for sure, since I’m in another city. A week ago I received a message from the First Collection Office that I owed a debt and I was blacklisted on the credit list.
19.1. Hello. If a collection agency has purchased your debt, then you no longer owe the bank, but the agency. You did not indicate who you paid. If the bank has already sold your debt, then you remain in debt, since the collection agency has the rights to your debt and you had to pay it.
Did the answer help you?YesNo
19.2. Have you even seen the assignment agreement?
Did the answer help you?YesNo
20. When can black collectors come if I’m already 4 months old? It’s overdue and I still can’t pay the debt through the microfinance fund.
20.1. They can come at any time. Don't open the door. Call the police.
Did the answer help you?YesNo
20.2. Good afternoon They may come, or they may not. Check your email, how much do you owe? And which companies?
Did the answer help you?YesNo
20.3. Hello Olga! Send to the lender a partial withdrawal of personal data, withdrawal of consent to interact with third parties, refusal to interact (if the delay is more than 4 months), a request for the destruction of personal data that is not necessary for the stated purpose of processing, refusal to execute an agreement on interaction, without acknowledging the debt. Your case will be withdrawn from the collectors, all calls and SMS will stop, both to you and to third parties, no one will come to your home. Whether or not to communicate with anyone is up to you to decide. There is also an interesting option for protecting consumer rights, which, under certain conditions, will make it possible to prevent an unscrupulous creditor from entering the debt collection court and punish him with rubles. High MFO interest can be recalculated, since a high MFO interest (for example, 2% per day) is subject to accrual only for the loan repayment period (for example, 1 month), and for the rest of the period the weighted average interest rate on the loan for individuals is subject to accrual. persons (about 20% per annum). In this way, the amount of debt can be reduced very significantly. In addition, I recommend reading the following articles: How to get out of the microloan “trap”? Read more >>> How to reduce the amount of debt on a microloan by 6 times or more - an example from judicial practice Read more >>> How to win a lawsuit against a bank over a loan Read more >>>
Did the answer help you?YesNo
Should I pay if black creditors sued me and won?
During the day, calls from collectors are received every three minutes, with an unknown number.
What if I add debt collectors to the blacklist on my phone? Will this decision be correct? Because collectors overwhelm you with their calls.
Loan from a microfinance organization, short term overdue, 10 days. I receive calls from collectors reminding me about overdue debt, and so on every minute.
I have a question: today the collectors called and said that it was Black Friday.
Everything in life is very bad, I’m already thinking about committing suicide! Dial with my husband
My grandson, a student, took out a loan of 3 thousand in April from one of the credit shops.
In 2011, I took out a bank loan for 50,000 and 100,000, but due to circumstances I stopped paying.
I have debts on microloans, but there were no courts, only collectors and it seems that they were blacklisted by banks. Can I fly from St. Petersburg to Anapa?
Collectors are blocking my opportunity to get a loan from a bank, it seems they have blacklisted me,
There was a court decision to repay the debt to the bank in 2009, they did not pay, after 8 years collectors from different parts of the country began calling and demanding to repay the debt,
STATE REGISTER OF COLLECTION AGENCIES
Most of these are large companies - the main market players. According to the National Association of Professional Collection Agencies (NAPCA), they account for about 80% of the volume of overdue debt collection. “For leading collection agencies, compliance with legal requirements - such as liability insurance and licensing of operating systems - did not cause difficulties, since they already fulfilled them. But these restrictions, we hope, will clear the market of “gray” collectors and, accordingly, illegal methods of debt collection,” notes Elena Dokuchaeva, president of the Sequoia Credit Consolidation collection agency.
Let us note that according to the law on collectors, which came into force in January of this year, only collection agencies included in the state register can directly contact debtors. “Thus, a clear boundary has been drawn between “good” and “bad” collectors. Previously, it was not so easy to determine. Now there is a formal sign - the presence or absence of a company in the state register. This makes it easier for the police and the prosecutor’s office to combat illegal debt collection activities,” notes NAPCA Director Boris Voronin.
We recommend reading: The document is registered
