How to call the bank if the hotline does not answer?

General information about collection agencies

So, to begin with, it is worth understanding that collectors are employees of collection agencies who are engaged in collecting debts from legal entities and ordinary citizens.

In other words, the creditor (bank, microfinance organization, private investor) “sells” the debt of an unscrupulous borrower to collectors.

Most often, collectors work with debts from 25,000 to 200,000 rubles (but there are exceptions). If the amount is higher, the bank prefers to immediately file a claim in court.

Working methods

If you took out a loan that you couldn’t repay, and the bank followed through on its warnings by passing on information about you to collectors, you should understand that collectors have excellent methods of psychological influence.

Collection agencies employ psychologists, financiers, and lawyers who begin working with a problem borrower with regular phone calls and reminders about your debt.

Moreover, calls can be received not only to a landline home phone, but also to a work number, as well as a mobile phone.

If the borrower does not repay the debt, then collectors may resort to harsher psychological pressure (warn about filing a lawsuit, threaten). Collectors can also come home to work.

It is worth understanding that the purpose of such a visit is to assess the borrower’s solvency and nothing more. Collectors do not have the right to describe property, much less seize it.

How to get rid of debts and collectors?

The main task of the collector is to “knock out” the debt in any way. Therefore, answering the question: “How to get rid of debt collectors once and for all?”, there is only one answer - to quickly return the debt to the banking institution.

If the debt cannot be repaid, lawyers provide the following tips in the fight against debt collectors:

1. When you make your next telephone call, warn the collector that the conversation is being recorded, and check the details of the employee of the collection organization.
   

   Moreover, tell him that instead of telephone conversations, you prefer to conduct electronic correspondence with the collection agency.

2. Transfer all numbers from which collectors call to the “black” list.
3. Conduct conversations on the phone or in a personal meeting calmly; negative personal emotions will work against you.

4. If you have the opportunity, cooperate with a lawyer; all telephone calls and correspondence can be forwarded to him.

What if the debt is not mine?

Practice shows that collectors do not always call malicious debtors. Sometimes calls may also come to citizens who have nothing to do with loans.

And all the arguments that the debt is not yours do not lead to the desired result, the calls continue.

In this case, there are several options to solve the problem:

• send a letter to the collection agency (the address can be obtained from the employee who is calling you), in which you explain that you do not know the person who is being sought by the collector;

• add the collection agency number to the “black” list or change the number;

• write a statement to the police or to the collection association.

What if you didn't take out a loan?

If you did not apply for a loan, but acted as a guarantor for it, and the borrower refused to pay the debt, then debt collectors will start calling you, demanding that you pay off the debt immediately.

In this case, it is advisable to talk or influence the debtor in some way.

Chronology of events, how and where it all began

On Saturday morning, October 11, 2014, I was getting ready to go fishing. As I was leaving the apartment, I heard my mobile phone ringing. But since my hands were full, I did not answer the call, and decided that I would call back as soon as I put the fishing gear in the car. To my surprise, the missed call was from a Moscow city number unknown to me.

Reasonably deciding that we had simply made the wrong number, I calmly went fishing. After all, what kind of idiot would call me at the beginning of six from Moscow? Well, if it’s really something serious, they’ll call you back. It didn't take long for the call to come back. About half an hour later they called from another city Moscow number and asked to invite a person unknown to me to the phone. I said that we had the wrong number, that there was no such thing here, and hung up.

However, less than an hour later the bell rang again. The caller, judging by her voice, was a girl who introduced herself as an employee of Alfa-Bank and again asked to invite a person unknown to me to the phone. At this point I already thought that I was participating in a “raffle” program. But since neither my birthday nor any other celebration was expected in the near future, I had to explain to the caller that I don’t know the person she is looking for, I don’t know where he is and I’m not going to look for him, that I personally have no obligations to the bank. At the end of the conversation I asked not to call this number. The girl said: “okay.” But an hour later the call rang again...

This time a more angry female representative called (again judging by the voice), who also introduced himself as a representative of Alfa-Bank and said that this phone number was listed as a contact number for the debtor to the bank and therefore they again asked to invite him to the phone . At this point, of course, I could no longer stand it and yelled at the young lady who called, after which I hung up the call and turned off the phone. Realizing that the calls will not stop, and the fishing could be completely ruined.

How to protect yourself from calls?

The best way to protect yourself from annoying and mentally exhausting calls from debt collectors is to pay off the debt.

However, if this does not work out, all the borrower can do is add the collectors’ numbers to the “black” list, change the phone number, or ignore them.

Additionally, you can write a letter to the collection agency, asking them to communicate with you exclusively in writing.

After such a request, collectors do not have the right to call you. Moreover, such correspondence can help when going to court.

To work

If debt collectors start calling you at work and telling colleagues and management about your financial problems, we recommend that you immediately take the following measures:

• contact the police or prosecutor's office about the disclosure of personal data;
• contact the collectors association.

You must understand that until the court has recognized you as a debtor, no one has the right to disclose knowingly false information.

In Moscow

Regardless of where the borrower took out the loan, be it the capital or another region, the rules are the same for all localities.

You, as a borrower, must understand that before the trial, collectors only have the right to call, write by email, send SMS, demanding repayment of the debt, or come to you in person (but only with the consent of the debtor).

Please note that contacts are allowed only during the day, from 8-0 to 22-00 (weekdays), from 9-00 to 20-00 (weekends and holidays). This requirement is regulated by law, Article 15, paragraph 3, 353-FZ.

Useful tips

We list recommendations for citizens faced with similar situations:

• do not give in to provocations;
• do not give specific information when asked about the debtor;
• do not break the law even in response to rudeness from your interlocutor;
• record conversations with a voice recorder;
• provide confirmation of your requests to stop calling;
• notify the debtor (if you know him) about the telephone conversations that are bothering you.

How to do this legally?

To resolve the issue in the legislative field, use the tips below:

• always find out the name of the collector, the name of the company, no matter what account the call was received;

• Find out from the collector on the basis of what documents he is contacting you, ask to show them, take copies for detailed study;

• look at the loan agreement to see if there is a clause stipulating the transfer of your data to a collection agency; if this is not the case, contact the police with a statement of extortion;
• When talking to a debt collector, do not show negative emotions;

• calmly tell the collector that there is no money and as soon as it appears, you will immediately pay off the debt (calling daily or coming to you is useless);

• turn off your phone at night;
• use a voice recorder when talking;
• at the slightest illegal action, contact the police;
• Do not let debt collectors into your apartment.

What to do if they threaten?

If debt collectors start threatening you and trying to break into your apartment, call the police immediately.

Here are just a few situations that are illegal on the part of debt collectors:

1. An attempt to enter your home, describe or seize property.
   

   In this case, it is necessary to call the police and ask at least two neighbors to witness this outrage.

2. Threats of imprisonment for you and your family. This fact must be recorded, after which you can contact Rospotrebnadzor.
3. Dissemination of information about the debt to third parties.
   

   You also need to contact Rospotrebnadzor;

4. Extortion of money (collectors demand cash to repay the debt, instead of depositing it in the bank to pay off the debt).
   

   The law qualifies this manipulation as extortion and abuse of power.

   You should definitely contact the police.

Where to complain?

If you cannot resolve the issue with collection agencies on your own, then try contacting one or more of the following structures:

• NAPKA (association of collectors) - you can write a complaint to this organization detailing violations by collectors (possible threats, calls to work with the dissemination of knowingly false information, calls at night, etc.);

• Rospotrebnadzor - you can write a statement to this structure or call the hotline and complain about the collection agency and employee.

In case of threats, bodily harm to you or loved ones, damage to property by debt collectors, immediately contact the police or prosecutor's office.

Attention!

• Due to frequent changes in legislation, information sometimes becomes outdated faster than we can update it on the website.
• All cases are very individual and depend on many factors. Basic information does not guarantee a solution to your specific problems.

All methods of struggle are based on the necessary procedural procedures and decisions. You need to deal with debt collectors by studying the contents of the loan agreement, its terms, calculating the amount of the principal debt, fines, and penalties.

Dear readers! The article talks about typical ways to resolve legal issues, but each case is individual. If you want to know how to solve your specific problem

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It is necessary to focus on the legal status of collectors: whether they act on the basis of an agency agreement or an assignment agreement.

In the first case, the debtor is not obliged to communicate with the bank agent, since the intermediary is not considered the holder of the debt.

If the creditors act under an assignment agreement, then they bought the debt from the bank and will be full creditors.

Collectors try to influence the debtor using intimidation methods. Such attacks must be prevented by contacting the police, prosecutor's office, and court.

Reasons for communicating with creditors

You need to communicate with collectors after confirming their authority - on the basis of an assignment of rights agreement. It is important to calculate the full cost of the debt yourself.

If collectors refuse to provide proof of their authority and continue to threaten, then you need to contact the police.

Debt collection can be carried out by bank security officers. They have nothing to do with collectors, but are considered employees of the credit institution.

The debtor must receive the most complete information about the creditor, after which he can build.

Rights violation

Collectors often neglect the personal and property rights of citizens through their actions. They threaten people's lives and health, promising to deal with the debtor and his family.

There are common cases when creditors publish false information that discredits their reputation on social networks.

Collectors also violate the law on personal data by illegally obtaining personal information about citizens.

Why does the bank call about someone else's loan?

A call from a bank regarding someone else’s loan is not an uncommon situation. Why does this happen, and how did it happen that a person who has nothing to do with the loan taken out is listed as a debtor? There could be the following explanation for this:

• an employee of a financial company dialed the number by mistake, or the contact information was entered into the database at the stage of drawing up an agreement with another person, whose phone number was eventually mixed up (usually such misunderstandings are quickly clarified on the spot and the calls stop);
• this number was accidentally linked during a check by the security service of the credit institution;
• another person deliberately issued a loan in someone else’s name, taking advantage of the opportunity to access documents and signing an agreement on your behalf;
• someone from the category of close acquaintances or relatives gave your phone number in the section of the contract where contacts are indicated;
• you recently became the owner of this mobile package, and previously it was registered to a third party, who is the real debtor to the bank;
• you are a close relative of the person who took out the loan and refused to fulfill his obligations - in this case, the company, through you, will try to put pressure on the borrower and return his funds.

There are many reasons why a bank might call about someone else’s loan. It will be a big plus if, during the first contact with the bank, it is possible to understand which of the listed motives worked in a particular case - having mastered the situation, it is easier to find the right solution to the problem. This is also important because the most common option of all those outlined above is the deliberate processing of a loan using forged documents. If this is exactly the case, then it is urgent to put an end to this before the lawbreaker concludes several more transactions in your name.

How to get rid of collectors?

Find out how to get rid of debt collectors in order to stop extortion and psychological pressure on the debtor.

The actions of the collector are based on forcing the debtor to pay through his annoying actions.

Law enforcement agencies should be involved in the proceedings with creditors.

From calls

The best way to get rid of calls is to purchase a landline phone with a number filter and a black list.

Calls from collectors will not reach the addressee. It is also necessary to record and inform them that, and, if necessary, will be transferred to law enforcement agencies.

From personal visits

If collectors try to enter the apartment and take property, then you should write a statement to the police. You can film the faces of such persons, but only if you are sure that the collectors will not behave aggressively.

Collectors do not have the right to extort money from a debtor, even if the debt actually exists.

The only sure way to protect yourself from a visit is to write a statement to the police, attaching audio and video recordings of the extortionists’ behavior.

If the debt is not mine

Find out: how to get rid of calls from collectors if you need to bother in order to prevent collectors from exerting mental pressure on a person.

You need to write a registered letter with acknowledgment of delivery. It should contain information that the claims were sent to the wrong address, to a stranger.

Even if the debt belongs to a relative, other relatives are not obliged to answer for it, unless they act as guarantors.

If you didn't take out a loan

We need to report this to the collectors. If they insist on the debt, then you need to demand to see the loan agreement. If you have such a document, you should study it carefully.

There may be cases when fraudsters take out a loan using a stranger’s passport by forging a signature on the contract.

You should write a statement to the police, at the same time filing a claim in court to declare the contract invalid and a petition to conduct a handwriting examination.

Collectors may confuse the debtor with a person who has the same full name and other personal data.

From job applications

There is no universal way that could protect a debtor from calls from collectors at work.

Creditors are trying to spread information about an overdue loan, thereby putting pressure on the debtor.

You should write a complaint to Roskomnadzor about the disclosure of personal data.

At the same time, you can contact the prosecutor's office. It will begin checking the legality of the actions of the collection agency, which may be operating without a license.

Contact the Central Bank of Russia

All banks of the Russian Federation are subordinate and under the control of the Central Bank of the Russian Federation (Russian Standard is no exception to this rule). Accordingly, you can complain about the illegal actions of any bank to this financial institution. One has only to take into account that the Central Bank can punish only for the mistakes of the bank itself, but cannot apply any sanctions to collection organizations. You can contact them in the following ways:

• write a complaint to the Internet reception desk, observing all the rules and regulations indicated on the website;
• write a letter and send it by mail;
• call the Central Bank hotline number.

Your application will be considered according to the standard (that is, thirty days minus weekends). The Central Bank will intervene in your problems only if the situation falls within their competence (if the bank has violated one of the laws governing its activities).

In order not to waste time and not receive refusals to accept and consider a complaint, first seek advice from experienced lawyers. Using the feedback form, tell us about your problem and they will tell you where to go for help and protection and how to do it correctly. Consultations are free.

How to fight legally?

It is necessary for collectors to be sent to control and supervisory authorities.

A statement of claim can help recover compensation for moral damages.

If there is fear for the life and health of the debtor and his family, then you need to write a statement to the police.

You should purchase technical devices that allow you to block calls from collectors or mobile and landline phones with a black list, voice recorders.

If you receive threats

It is imperative to record these by audio and video recording.

If threats are written on the wall or front door, then they should be photographed. This evidence must be included in your application to the police.

The application must indicate:

• information about the addressee;
• information about the claimant;
• detailed description: what were the threats of the collectors.

The application must be considered within 3 days after the application.

A decision will be made whether to initiate criminal proceedings or not.

You can also contact human rights organizations that will provide free legal assistance. It is possible to contact the media and editors of popular television programs, for example, “Man and the Law.”

Contacting law enforcement agencies

In addition to the police, you can contact the investigative authorities and the prosecutor's office. This is necessary when collectors threaten the debtor with physical harm.

It is not necessary to contact the police department; you can call them directly during the next visit of the collectors.

We must remember that in 99% of cases, debt collectors act in violation of the law, try to put pressure on the debtor and do not know exactly how to influence him.

The debtor himself must build a line of communication with collectors. He does not need to constantly make excuses to collectors. He is not obligated to communicate with them at all.

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Complaint about calls regarding someone else's loan

Concern for the user of a telephone number on the part of a credit institution may become a reason to file a complaint about calls from the bank regarding someone else’s loan.

Causes

The basis for filing an appeal is calls from a financial institution regarding someone else’s loan. In only two cases will the subscriber most likely have to pay:

• in the past he acted as a guarantor for a loan that the debtor did not repay;
• entered into an inheritance and, in addition to property, received the debts of the deceased.

In such situations, as a rule, banks move from calling to going to court. The latter makes a decision on debt collection.

Rice. 2. Banks move from calls to action: a security officer or a collector is sent to the debtors

Written appeal

Table 3. What to write in a complaint

YOU ARE AT THE ADDRESS IF:

• Do you want to get rid of attacks from collectors and banks?
• Can't or don't want to repay the loan
• Do you want to reduce your payment to the bank to an amount feasible for you?
• You have arrears with the bank and want to cancel fines
• Would you like to receive a copy of the loan agreement for free?

I WALKED THIS PATH AND WILL TELL YOU HOW TO GET RID OF ALL THIS IN 1 DAY WITHOUT EXPENSIVE HELP OF LAWYERS, I WILL SHARE MY MATERIALS AND EXPERIENCE WITH YOU!

READ MY STORY:

My name is Aleksey. Six months ago I found myself in a similar situation, my total debt was about 1.5 million rubles to three banks, collectors had already begun to come home, they began to paste provocative posters in the elevators and on the floors with my full name with the inscription “Help the poor pay off the debt” , the same thing happened on my social networks, I received a daily stream of intimidating calls.

The bank acts this way because it is not profitable for them to sue you, since the court will remove your obligation to accrue interest, leaving only the bare amount of the loan and based on your income you will pay the bank a small amount, and now a law on bankruptcy of an individual has been passed and the court may decide to cancel your debt in full, plus your only home that you own and your car (if it brings you income) does not fall under the heading of seizure and the bank loses everything, and they don’t need this, so they transfer the case to a collector, which to avoid trial and get money out of you.

Legislation

The interaction between banks and debtors is regulated by:

1. Federal Law of July 3, 2020 N 230-FZ “On the protection of the rights and legitimate interests of individuals when carrying out activities to repay overdue debts and on amendments to the Federal Law “On microfinance activities” (Articles 6–8). The regulations apply if you are officially designated as a contact person. In other cases, only certain provisions of this law apply.
2. Civil Code of the Russian Federation (Article 10).
3. Code of Administrative Offenses (Articles 5.53, 5.61, 15.26.1).
4. Criminal Code of the Russian Federation (Article 183). Used in extremely rare cases.

Legal documents provide for responsibility for:

1. Violation of the provisions of the Federal Law of July 3, 2020 No. 230-FZ “On the protection of the rights and legitimate interests of individuals ... Federal Law “On Microfinance Activities”.
2. Threats and other methods of mental influence during a conversation.
3. Illegal actions related to violation of the Federal Law “On Personal Data”.