Where should the debtor go?
In case of delay in the next loan payment, the documentation is transferred to a special department for working with problem debts of individuals.
To contact employees of this department, the numbers used are Sberbank hotline 8-495-500-55-50 or 900. The last two phones are available for calls from abroad. When contacting by phone, keep your loan agreement or credit card number and passport handy. The specialist can ask clarifying questions about your loan.
In what cases is payment cancellation necessary?
A situation where it is necessary to cancel a transfer from card to Sberbank card can happen to anyone. Simple carelessness, technical errors, fraudulent activities, complex business transactions - all of these can be the cause. This mainly happens in cases where:
- When replenishing the balance of a mobile phone, the funds went to another number.
- The current account number or the recipient's details contained errors, so the transfer went in a different direction.
- Due to incorrect operation of the mobile bank, the money was transferred to another organization or to another individual.
- An error was made in the transfer amount and more than necessary was credited to another bank client.
- The result of the fraudulent actions led to the client giving them the money himself.
- Funds were debited from the account without the client's knowledge. In this case, a refund is possible if there was no legally valid right to withdraw.
Service operation algorithm
After the debtor’s case is transferred to a special unit, a difficult life stage begins for the debtor. Please note that in this case, illegal actions on the part of collectors are excluded, since these people work directly for Sberbank. The Problem Debt Management Department strictly complies with the law and communicates correctly with the debtor.
Operators call the defaulter with a request to visit a bank branch and agree on a refund procedure
The first steps of such employees are calls demanding to visit a company branch to discuss the current situation. Let us note that the people serving in the unit are experienced psychologists with experience working in law enforcement agencies. So, the defaulter expects “pressure within the limits of the law.”
If we talk about the actions of the security service, the debtor also expects visits from collectors at the registration address. Let us note that in these situations, service workers strictly adhere to the schedule permitted by law and do not damage the property of the debtor. “Guests” come only to talk about the payment scheme for accrued funds.
If a bank representative “visits” the borrower, in such situations the conversation does not go beyond the bounds of decency
The work of the unit rarely exceeds eight months - if the defaulter stubbornly hides and does not make contact with the bank, the Sberbank collection agency is involved in the work. The debtor relations department ceases its influence on the debtor, giving way to professional “money extortionists.” Let us consider the procedure for collecting arrears in these difficult cases for the creditor in more detail.
Once the defaulter’s case is transferred to the overdue debt department, the client faces big problems. After all, first of all, a citizen’s credit history immediately turns out to be spoiled. Every day, service workers will make calls and ask when he plans to pay the debt.
Important! The first thing employees of the overdue debt department do is call the debtor, as well as his guarantors or relatives, whose numbers were indicated as contacts. But it is not often that service workers exert psychological pressure on debtors. However, their conversations do not go beyond what is permitted. They can justify their actions by the fact that in the future the client will not be able to get a loan from any Russian bank.
At the first stage, bank employees may well make concessions. They will help with granting deferment, debt restructuring or changing payment schedules, extending the loan term.
When the bank's security service starts working, the client should expect service employees to arrive home. At the same time, they inform about their visit in advance and talk with the debtor exclusively about the possibilities of repaying the loan.
According to the plan, the work of the department lasts no more than a year. But in fact, bank employees sell the client’s debt to collectors after eight or nine months. It is with the conclusion of an agreement with the collection agency that the work of the department for collecting overdue debts stops.
Attention! Our qualified lawyers will provide you with assistance free of charge and around the clock on any issues. Find out more here.
Reason for revocation of payment order what to indicate
But the problem remains, the task is to be able to create payments in both KLB and 1C, while the possibility arises that two different payments with the same numbers can be created, one in 1C and the other in the client bank. The numbering must be respected.
Mista is a fun resource with its exclusive Ymryn cockroaches
ATTENTION! If you have lost the message input window, press Ctrl-F5 or Ctrl-R or the Refresh button in your browser.
The topic has not been updated for a long time and has been marked as archived. Adding messages is not possible. But you can create a new thread and they will definitely answer you! Every hour there are more than 2000 people on the Magic Forum.
Bank actions to collect debt
Sberbank is a recognized leader in the field of lending to citizens and many economic entities.
The prevalence of the organization's branches, the availability of borrowed funds - all this attracts an impressive number of clients.
At the same time, their financial indiscipline determined the decision to create a department for working with problem debts; Sberbank thus strives to resolve possible disputes before the situation worsens.
How to discharge a person from temporary registration through the court or must he appear in person Returning clothes to the store purchased by bank transfer
Consumer loans create a misleading impression among citizens - after all, purchased property will need to be paid for later.
Accordingly, a frivolous approach to financial issues of such people provokes late payments and subsequent sanctions from the bank.
If financial difficulties force the borrower to delay payments for more than a month, a special service of the financial institution takes over the matter.
Let's find out how Sberbank's department for working with overdue debts operates, and learn about the procedure for returning funds to the bank.
If you apply for a deferment, you can delay the repayment of the principal debt for up to 730 days. However, interest must still be paid monthly.
At the end of the period for which payment was deferred, the client will need to repay the entire debt and interest. Preparing customized payment schedules can be helpful for businessmen.
Moreover, today this is the most difficult task, given that there are quite enough such specialists in our country, and it is worth understanding that we are talking about hacking a system that stores information about all the finances of individuals and legal entities, as well as transactions on bank accounts. Therefore, department employees are forced to carefully monitor access to the system and block servers in moments of danger, and then take measures to protect them.
How to contact the security service If you are looking for contacts of the Sberbank security service, then you are unlikely to be able to find them because the information is not publicly available, on the network on the official resources of Sberbank. In principle, each client does not have to call the security service with his problems, because there is a bank hotline for this.
If we talk about their safety, self-service devices are located in crowded places with high traffic, in protected areas. In addition, all devices are equipped with CCTV cameras.
Although, sometimes even these measures are not enough, so the security service posts instructions on the safe operation of devices on the official website of Sberbank. Important! If, when applying for a loan, the borrower provided forged documents or falsified information about himself, then security department employees can transfer his case to law enforcement agencies to initiate criminal proceedings.
Finally, the last task of the security service is to protect Sberbank’s information system from unauthorized intrusion by third parties or hackers.
Many people turn to Sberbank for a loan. They are confident that funds will be deposited on time, so there will be no problems with repayment. However, under certain circumstances, a situation may arise that obligations to the bank are not fulfilled. The client cannot deposit a certain amount on time.
Therefore, he is trying to figure out how to check and eliminate the debt on the Sberbank loan. According to statistics, many clients deposit funds at the wrong time. If on the date of payment the required amount has not been received, then a debt arises. In this case, the case is considered in the courts.
The borrower begins to receive calls from debt collectors. Fines may also be imposed and property may be seized. This situation can arise for any borrower who does not want or cannot repay the debt on time.
Dear visitors! The site offers standard solutions to problems, but each case is individual and has its own nuances. |
If you want to find out how to solve your particular problem, call toll-free ext. 504 (consultation free) |
Sberbank also provides simplified conditions for changing the payment method, and it can change from differentiated to annuity and back. If the client chooses debt restructuring, then he can maintain his own credit history in a positive way. If there is a debt, notes may be made about the person’s insolvency, which in the future will not allow him to take out loans.
Restructuring is possible only with official confirmation of temporary insolvency. This can be done by presenting:
- work book, which will contain a note about reduction or dismissal;
- a certificate from a medical institution;
- a certificate in form 2-NDFL about a reduction in wages.
If the client has a large number of loans, then Sberbank can also meet halfway and provide restructuring.
Therefore, experts recommend that if you encounter any difficulties in paying your monthly payment, immediately contact the bank. The client should not be afraid to let the employee know about his affairs, explaining his temporary insolvency.
If the debt is not paid, this can lead to serious consequences.
Sberbank will not ask or demand to repay the loan.
If the client does not have the desire to resolve the problem peacefully, the debt case is referred to the judicial authorities. If the borrower has funds, it is worth notifying the bank about the change in circumstances.
If a Sberbank client does not repay the loan for more than three months, the agreement is transferred to the department for working with overdue debts. Officially, the financial institution considers that an agreement under which there is no movement of funds for 90 days is an overdue debt of individuals. Sberbank engages collection department employees in precisely such situations. Please note that before the specified deadlines, the bank does not “damage the credit history of the defaulter and expects active actions on the part of this person.
It should be noted that the work of this division is a priority over the involvement of collectors.
As a rule, the organization turns to “professionals” after a year of unsuccessful attempts to return payments. The department for working with problem debts of Sberbank operates in the company's branches in large settlements.
Moreover, this network covers all regions of Russia.
After all, the heads of the security department organize contacts with law enforcement agencies, internal authorities and heads of large enterprises. Please note that the security service also checks clients and potential borrowers; it analyzes the provided data, checks the credit history and the accuracy of the provided data and documents.
Work of the security service The main task of the service is to ensure the safe operation of all bank systems, including remote services, to protect clients from fraudulent activities by third parties, and to securely store information. To achieve high results, department employees conduct research, study problems and develop methods for solving them.
That is, they study fraudulent schemes, the mechanism of their action and find ways to protect themselves.
Here, a ban on foreign travel, seizure of identified property, and putting the debtor on the wanted list are likely. However, the inability to find the borrower forces the termination of the case on the basis of Part.
Please note that this measure is also possible during the trial. The main thing is the borrower’s desire to get rid of the economic burden and avoid the debt trap.
The most common way to resolve the issue is to restructure the loan debt. This is a deferred payment when the borrower transfers only interest to the bank. In some cases, Sberbank may offer credit holidays, when payments are completely frozen for a short period. Individuals have the right to expect changes in the terms of the loan agreement in the event of:
- dismissals from work, layoffs;
- changes in working conditions that resulted in a decrease in income (transfer to a shortened week, forced leave, etc.);
- force majeure circumstances resulting in serious expenses (fire, flood, hurricane, etc.);
- illness of the borrower or his family members, large expenses for treatment;
- conscription into the army;
- birth of a child, maternity leave;
- receiving disability.
Sometimes a Sberbank borrower is unable to repay the loan on time. If this happens, it is important not to hide from the creditor, but to meet him halfway and explain the situation. The faster you do this, the better it will be for you.
The telephone number of the overdue debt department and options for resolving the problem will be discussed in this article. No matter how difficult your financial situation may be, you should not bring the matter to trial in court. Pre-trial, Sberbank can offer options for eliminating problem debt.
Any of them will be better than avoiding paying your loan debt.
“Sberbank has been and remains a socially oriented company, so we are not supporters of a tough policy in relation to so-called “problem” clients,” said Sergei Maltsev, Chairman of the Volga-Vyatka Bank of Sberbank of Russia.
— There are various circumstances in life that do not allow the borrower to repay the loan on time. Therefore, we are ready to consider individual conditions for resolving problem debt at all stages of loan repayment.”
For all questions, you can contact the departments for working with problem mortgages of the Volgo-Vyatsky Bank of Sberbank of Russia: Nizhny Novgorod, st. Kostina, 6, tel.; Vladimir, Lenin Ave., 62, tel.
8(4922) 40-78-55; Kazan, st. Butlerova, 44, tel. 8 (843) 570-41-40, 519-22-31; Kirov, st. Vorovskogo, 37, tel.
Terentyev Bogdan
Guests come only for the purpose of talking about the payment scheme for accrued funds.
Reasons to start working with a debtor
Let's start the discussion by clarifying the basic principles of the functioning of the economic security service. Note that even delays in payments of three days become a reason for connecting these employees. Here the defaulter will be contacted by phone and asked about the timing of the transfer of the contribution. However, such actions are a standard technique when applying for a loan.
If a Sberbank client does not repay the loan for more than three months, the agreement is transferred to the department for working with overdue debts
Officially, the financial structure believes that an agreement under which there is no movement of funds for 90 days is overdue debt of individuals . Sberbank engages collection department employees in precisely such situations. Please note that before the specified deadlines, the bank does not “spoil” the defaulter’s credit history and expects active actions on the part of this person.
It should be noted that the work of this division is a priority over the involvement of collectors. As a rule, an organization turns to “professionals” after a year of unsuccessful attempts to return payments.
The department for working with problem debts of Sberbank operates in the company's branches in large settlements. Moreover, this network covers all regions of Russia. Considering that the actions of such employees are unlikely to involve empty telephone conversations, individuals hide from the creditor. In such cases, lawyers do not recommend using this route.
This division is part of the banking structure, so communication with the debtor here takes place exclusively within the framework of the law
It is more appropriate to convey to the bank the complexity of material problems and agree on a phased payment of the amount. If the debtor categorically refuses to contact the bank, the likelihood of litigation increases. Moreover, the period when the creditor has the right to solve the problem legally lasts three years.
Refund procedure
To repay a loan, the financial institution practices four steps. First, the bank operator communicates with the defaulter, and after a three-month absence of financial transactions, the financial security service. When the work of these structures does not bring the expected result, collectors get involved. The last stage of the collection operation is the court.
The debt collection procedure by Sberbank takes place in four main stages
Note that if the court does not resolve the creditor’s problems, the bank has the right to sell such a portfolio to third parties. As a rule, each described stage clearly fits into a certain time interval and is characterized by specific methods. Since the beginning of interaction with a malicious debtor was discussed above, we will consider the details of the next steps of the financial organization.
In such circumstances, the intermediary between the creditor and the debtor works under an agency agreement. In other words, the bank transfers information about the defaulter to a third party, which is engaged in the procedure of “knocking out funds” for an agreed percentage of the amount of the arrears. Accordingly, the zeal of such people becomes terrifying. Please note that since the beginning of 2020, Federal Law No. 230 has been in force in Russia, regulating the work of these structures.
The first step on the part of collectors is calls to the debtor, relatives and employees of this person
Let us note that large financial companies adhere to the law in such matters, so the collectors here do not exceed the permissible limits. Sberbank follows the same policy. Debt collection here takes place within the legal framework, but the specific activities of the creditor’s representatives bring a lot of inconvenience to the debtor.
Let us note that debt collectors know the law, so they use effective methods of putting pressure on the borrower without overstepping the boundaries of what is permitted by law. However, such steps by collectors have a depressing effect on citizens, prompting them to return the money to the bank. Subtle psychological techniques and veiled threats scare people, but law enforcement officers do not respond to such complaints.
Communication with debt collectors cannot be called a pleasant conversation, but usually these people act within the framework of the law
Please note that “professional collectors” rarely threaten openly, so formally the Ministry of Internal Affairs officers are right. Accordingly, the defaulter seeks funds for a speedy settlement with the creditor. However, such a step will only increase pressure from the agency - because now the collector’s task is to pay the bank loan as efficiently as possible. As a rule, this stage lasts up to six months, then the company files a lawsuit.
Hearing
In situations where the defaulter does not respond to the actions of collectors, the creditor is forced to seek justice within the legal framework. The debtor is sent a letter warning about the upcoming process if the debts are not repaid within 10 days. Considering that the bank requires payment of the full amount, citizens who are late in payments rarely respond to such notices.
If the collectors were unable to influence payments, the bank sues
The debtor will be notified by letter of the start of the court hearing. In such situations, the court takes the side of the creditor, which forces the defaulter to repay the overdue loan. However, there are also positive aspects for borrowers. Firstly, the court fixes the final amount of the arrears, and the bank does not have the right to adjust this figure.
Copies of the court verdict are sent to both interested parties and the FSSP. Now the defaulter has 5 days to voluntarily pay the bank. It should be noted that the legislation gives the defaulter the right to challenge the decision. Such actions are likely within 10 days from the announcement of the verdict. If the debtor is inactive, employees of the enforcement service are involved in the work.
The executive service operates within the legal framework. However, the powers of these people make it possible to effectively recover funds in favor of the creditor. The FSSP inspector sends requests to the Federal Tax Service and the Pension Fund of the Russian Federation to identify the place of work of the defaulter. At the same time, applications are being submitted to the traffic police and the Registration Chamber. These actions make it possible to clarify the list of the debtor’s valuable property.
The FSSP inspector is vested with broad powers to collect payments from the debtor
If the borrower is officially employed, a letter is sent to the debtor’s manager demanding that half of his earnings be withheld monthly. Please note that it will be possible to “reduce” the amount of these claims only in court if compelling reasons are presented for the debtor to be right. When the place of work cannot be established, the bailiffs examine the financial assets of the borrower.
In cases where the debtor does not have financial resources, the bailiffs take extreme measures - arrest and seizure of property. In this situation, the collateral that is at risk is real estate and transport. Please note that it is difficult to confiscate the only home of a defaulter, but the law allows for such developments.
If the enforcement service has not found the financial assets of the defaulter, the likelihood of confiscation of the borrower’s car or apartment increases.
If the defaulter hides, the enforcement service takes active measures. Here, a ban on foreign travel, seizure of identified property, and putting the debtor on the wanted list are likely. However, the inability to find the borrower forces the termination of the case on the basis of Part 1, Clause 3, Art. 46 Federal Law “On Enforcement Proceedings”.
To repay a loan, the overdue debt service needs to take four planned steps:
- Communication between a department operator and a client by phone. In this case, you can easily agree on a deferred payment or an increase in the loan term.
- Communication with security officers in person. At this stage, it becomes more difficult to reach an agreement with bank employees, but it is still possible. Sometimes defaulters are granted debt restructuring.
- The work of a collection agency. In this case, it is no longer possible to reach an agreement. The activities of employees of such a service are entirely aimed at receiving money, and not at helping the client. Sometimes you have to pay more than you owed on the loan.
- Court. After the release of a new law on the work of collectors, employees of such a service are trying to peacefully negotiate with defaulters. To do this, a package of documents is collected and submitted to the court. Next, it is this body that makes a decision on the need to repay the debt.
If the agreement specifies the possibility of transferring the debt to third parties, then any other organization can collect the debt. And it is no longer known what methods of influence they use.
How to talk to debt collectors
If your loan is overdue, then you can expect calls from collectors. Here are some tips to help you behave correctly and not fall for the tricks of debt collectors:
- Even if this is your first time encountering debt collectors, rest assured. The job of debt collectors is to use stories about your unenviable affairs to unsettle you and force you to pay as quickly as possible. This does not mean that you should not take their words seriously, but you need to understand that they will influence you in various ways. And until the case goes to trial, you have nothing to worry about. Do not panic;
- First of all, find out from the collector the name, surname, position and organization that he represents. If the interlocutor does not answer these questions, hang up;
- Never, under any circumstances, be rude to a debt collector. They record all conversations with defaulters. These records may serve a disservice in court, if it comes to it, of course;
- Never, under any circumstances, try to bargain or press for pity. You won't make them feel sorry for you.
What will be required for restructuring?
A prerequisite is the presence and proof of a valid reason for the lack of payments. For example, if a borrower spent money on buying a car without paying for the loan, he will be denied debt restructuring. The birth of a child is a completely different matter; if the parents cannot repay the loan for this reason, the bank will ask them to reconsider the terms of the loan agreement.
If you plan to settle an overdue debt, depending on the situation, take the following documents with you:
- passport;
- loan agreement or its details;
- certificate of change in working conditions, notice of layoff, work book upon dismissal;
- certificate of registration as unemployed;
- child's birth certificate;
- medical documents confirming disability or serious illness;
- a summons from the military registration and enlistment office;
- if you have loans issued from other banks, collect loan documents about the amount of debt, payment amount, etc.
- if the borrower passes away, his heirs must provide the bank with a death certificate. Obligations to repay the loan will now be transferred to them, and they also have the right to ask for a deferment in repayment of the debt.
Those borrowers who have always tried to repay the loan on time and fulfilled the terms of the agreement can count on relief. If the client evaded compulsory insurance or forgot to make payments, the bank is unlikely to agree to restructuring. If you have any questions, you can ask them to the Sberbank hotline specialists.
Consumer loans create a misleading impression among citizens - after all, purchased property will need to be paid for later. Accordingly, a frivolous approach to financial issues of such people provokes late payments and subsequent sanctions from the bank.
If financial difficulties force the borrower to delay payments for more than a month, a special service of the financial institution takes over the matter. Let's find out how Sberbank's department for working with overdue debts operates, and learn about the procedure for returning funds to the bank.
Dear readers! Our articles talk about typical ways to resolve legal issues, but each case is unique.
If you want to find out how to solve your particular problem, please contact the online consultant form on the left or call
7It's fast and free!
Prolongation is somewhat similar to increasing the loan period. It is beneficial in that the monthly payment is reduced. For example, previously the client took 200,000 rubles for 12 months. Every month he contributed an amount of around 17 thousand rubles. In six months he paid 100,000 rubles.
But the borrower encountered an unforeseen situation. The bank offered an extension for 6 months. This means that the loan term is extended by another six months, and the monthly payment will be approximately 9,000 rubles.
A loan payment deferment is a reduction in the amount of monthly payments. In fact, a person pays only interest, and he will repay the debt itself only after a few years.
Restructuring is an excellent option to resolve the issue of overdue debt. After all, in this case, the credit history does not change, and the debt is gradually repaid.
Any person who has found himself in a difficult situation, for example, has lost his job, can apply to restructure a loan. If until this time the borrower has regularly fulfilled his obligations under the contract, then the bank employees will have no reason to refuse him.
Dear readers of our site! Our articles talk about typical ways to resolve legal issues, but each case is unique.
8
Moscow, Moscow region
8
St. Petersburg, Leningrad region
8
Federal number for other regions of Russia
If your question is lengthy and it is better to ask it in writing, then at the end of the article there is a special form where you can write it and we will forward your question to a lawyer specializing specifically in your problem. Write! We will help solve your legal problem.
Problem debt in Sberbank
Sberbank, like many other banks, issues consumer loans to the population and provides mortgages for the purchase of housing. In this regard, the organization formed a department for working with problem debts.
Attention! Loan payments must be made at the time specified in the agreement and in the minimum amount.
There are unscrupulous borrowers who do not consider it necessary to pay their debts on time. Because of this, the total amount of the loan increases due to fines, penalties and interest. If the borrower cannot make the loan payment on time, but is sure that he will be able to do it later, it is better to call the bank and negotiate with the loan manager about a deferment.
To prevent bank losses, a special department is created in the organization, whose activities are aimed at debt collection. Thus, Sberbank is trying to protect itself and reduce financial risks. As you know, Sberbank received a state license, which is why service employees never resort to illegal methods of debt collection.
On the contrary, they often help people who find themselves in difficult life situations, so there is no need to be afraid of the specialists in the problem debt department.
There are often several ways to solve a problem. Sometimes clients are given a deferment for a certain period. In other cases, bank employees restructure the loan or completely change the payment schedule.
In order to promptly prevent the growth of arrears and eliminate the presence of outstanding obligations, a debt collection department operates; Sberbank thereby strives to minimize its possible losses. In addition, specialists from this department often provide assistance to clients who find themselves in difficult financial situations.
The structure of the department in 2020 is built on universal principles. There are several employees subordinate to the head of the unit; if necessary, applicants for vacant vacancies are considered.
Problematic debt is defined as debt for which payments are delayed.
Sberbank offers mortgage borrowers who find themselves in difficult financial situations to resolve debt repayment issues in the following cases: Depending on the specific circumstances, Sberbank may offer:
- reducing the monthly payment amount by increasing the term of the loan;
- changing the procedure for repaying loan debt;
- refusal to collect penalties (in whole or in part);
- change in loan currency.
In this case, the interest rate does not change and corresponds to that established under the loan agreement.
What are the nuances of canceling a payment?
As you can understand, there are quite a lot of nuances regarding returns. However, they can all be divided into 2 subgroups:
- The payment status is completed.
- The translation is being processed.
Important! Accordingly, all further actions of the client directly depend on the status of his transaction application.
When money is being processed, the chances of a positive outcome of the case increase significantly. The only thing to remember is that you need to act as soon as possible. The sooner the client contacts the support department, the faster they will respond and return the money. You can also make a return through your personal account, if this function is activated.
With an executed payment the situation becomes much more complicated. Primarily due to the fact that the client cannot independently cancel it through the online system. In this case, you must contact the Sberbank branch. You can write a written complaint, call the call center or come in person.
In order to count on a positive return decision, you need to obtain evidence that it was indeed a mistake. Otherwise, the case may go to court.
Connection of collectors
If the debt management service fails to convince the debtor to repay the loan, the agreement is transferred to a third party - a collection agency. Please note that if the contract does not contain a clause “transfer of the contract to third parties,” then bank employees do not have the right to sell debts.
Often, agency employees are engaged in real “knocking out” money. They are aimed at making a profit. Sometimes their methods go beyond Russian legislation. In this regard, Federal Law N230 was adopted in 2020, which regulates the actions of collectors.
But it should be noted that large credit organizations always adhere to the law. That is why Sberbank cooperates with collection services that do not violate the norms of current legislation and have proven themselves in the market.
When collecting a debt, it is encouraged to make calls to the debtor himself, his relatives, as well as guarantors. If there is no way to contact the defaulter, then a letter is sent to him at the place of registration. Sometimes service workers come directly to the client’s home or workplace.
Experienced collectors are familiar with current Russian legislation. That is why they know how to put so much pressure on the client to force him to repay the debt and not exceed his authority. Sometimes service workers make direct threats.
But, as practice shows, law enforcement agencies are powerless in such cases. After all, it is almost impossible to prove the correctness of the debtor’s words.
Scheme specifics
Such shadow manipulations are not technically complex, but are aimed primarily at gaining the trust of the device owner. Assessing the marginality of the scam, scammers complicate the scheme of interaction with the victim, trying to make it more perfect and inconspicuous . This is largely why it is important to understand the principle of its operation, which is as follows:
- The subscriber receives an SMS notification disguised as the FSSP domain, with information about the allegedly outstanding debt and an invitation to follow the specified link to clarify the circumstances.
- After clicking on the link, the user is “thrown out” to the desktop, and the device reboots.
- During the reboot process, malware is introduced into the smartphone's operating system, reading the victim's passwords and personal data, and the balance in the account linked to online banking becomes negative.
- When you turn on the device, access to applications is limited for a while, but then the OS resumes.
According to an alternative scheme, the phone does not reboot, but the user is directed to a copy of the official FSSP website - at this time the virus does its work. In some cases, the subscriber is asked to log in to the system in order to obtain information about the debt.
It is noteworthy that malicious notifications always come in private messages and are not distributed in online messengers . In a similar way, attackers steal personal data from a victim’s personal computer or laptop after opening a link received by email.
Resolution of the issue in court
Currently, collection services do not resort to illegal methods of debt collection.
If after the work of the agents the debtor still does not decide to pay, he is sent a notice of intention to file a lawsuit.
If the client does not respond to the letter within ten days, preparations for the trial begin.
Documents are collected, an application is drawn up, and then the package is submitted to the territorial division of the court at the place of registration of the borrower.
The agency will notify the defaulter in writing of the fact that a claim has been filed in court. Often the court sides with the collectors.
However, the fact that the case is dealt with with the involvement of the judiciary has its advantages:
- the court will fix the final amount, it will no longer change upward;
- Based on current legislation, the defaulter is exempt from paying fines and penalties on the loan.
After making a decision, the court sends copies to both the plaintiff and the defendant. After the verdict comes into force, the defaulter is given five days to voluntarily fulfill his obligations under the contract. If the defendant does not want to contribute funds, the case is transferred to the bailiffs.
What to do if your rights are violated
Now let's figure out in what cases it is worth writing a complaint. The “Collector Law” (Federal Law No. 230) clearly outlines the boundaries of interaction between collectors and defaulters.
Interaction means calls, meetings and sending letters and SMS.
According to this law, the collector has the right:
- call the debtor no more than once a day, twice a week and eight times a month. On weekdays from 8 am to 9 pm, and on weekends from 9 am to 8 pm;
- send a message via SMS, email - no more than two messages per day, four per week and sixteen per month;
- meet with the borrower. No more than four times a month.
Anything beyond these “interactions” is considered a violation of your rights. This could be writing on the walls, calls more than once a day, etc. If you are being blackmailed or threatened, then do not hesitate to write a statement to the police. Such actions are criminally punishable and are regarded as extortion.
But let’s say you come across overly intrusive debt collectors who often bother you. And you want them to take responsibility for it. In this case, the application should be written to the Federal Bailiff Service. This organization monitors the activities of all registered debt collectors and takes appropriate action when debt collectors break the law.
It is advisable to submit your complaint in writing. Lawyers advise this approach. He is the most effective. But at the same time, nothing prevents you from calling or personally coming to the local FSSP branch.