Collectors: characteristics, methods of work, “recipe for treatment.”

If a bank borrower does not pay the loan for 3 months or more, he can be sure that the collectors will definitely make themselves known soon.

Collectors are responsible for collecting debt in every possible way, so an unscrupulous borrower should not hope that changing their phone number will drive them into a dead end.

If collectors cannot get through, sooner or later they will show up at your doorstep or workplace.

The goal of collectors is not to explain to the debtor why he must pay, but to present him in an unsightly light: how can a boss at work entrust a responsible task to an employee who is not even able to pay the loan on time? It is shame after a meeting with a collector that forces the debtor to pay, so visiting work or place of residence is the most effective method of influence in the collectors’ arsenal.

However, many borrowers have a question: is this method legal? In this article we will look at whether the law allows collectors to visit debtors’ apartments.

How I became a collector

I don’t know how you get into the ranks of those collectors who cover up entrances and beat you up, but it’s very easy to become a telephone debt collector. No work experience or special knowledge is required. Personally, I saw an ad on Headhunter just when I urgently needed money. But I could have borrowed it from a microfinance organization!

The vacancy was called “specialist of the problem debt collection service”; the salary for a person with no experience was offered quite well, 25 thousand rubles (2012). The interview with a guy who looked like a guy from the 90s went quickly, he found out if I had a criminal record and a military ID, and then they shook my hands.

The only thing that confused me was the phrase said at the end of the interview. “You have a specific voice, you suit us.” I took it as a compliment, and then I realized that specific means disgusting.

How to conduct a dialogue when debt collectors call?

The collector's method of work is to “call” an unscrupulous debtor. To avoid complications when debt collectors call, you need to communicate briefly, evenly, in a calm voice, without giving in to emotions.

Try not to give out information that encourages bank employees to blackmail or extort.

Do not provide information:

• real location;
• place of work of loved ones;
• real income.

Remember: the bank transferred your mobile number and address to a third party (collection office) without your consent - a violation of the law on the protection of personal data has occurred. The fact is grounds for filing a lawsuit.

Work and colleagues

I worked as a collector in two places, in a bank and in a collection agency that services microfinance organizations outsourced.

At the bank I sat in a huge open space, at a shabby table and with an old computer. The people gathered there were very different. And students (mostly ugly and angry), and part-time housewives, and pensioners. The conditions were harsh: twelve-hour shifts, two small breaks (five minutes) and one long break (twenty). You have to ask the shift supervisor to go to the toilet.

A billion fines, for example, it was impossible to ask whether the debtor would pay. It should be formulated differently - “will you make the payment today or tomorrow?” Or “how will you pay?” The hardest thing is, in principle, to be in the same room with the rest of the callers, because there is a wild shouting, because you can communicate with debtors in a raised voice.

One employee, a former teacher, clearly came to blow off some steam. Such dirt poured out of her mouth when talking with borrowers that it became simply sickening. She didn’t swear, but she said all sorts of nasty things like “your daughter will go from school to work off her debt for the garages.”

It is important to make a clarification here: I worked in the collection service of a private bank with high-interest loans available. The collectors of Sberbank or VTB do not allow themselves to do this.

There was also an absolutely incredible girl of about twenty. Freckles, braid, glasses with huge frames. She wasn’t rude to clients, she just dribbled on the brain in a thin voice. Her indicators of closed debts were the highest. By the way, bonuses for repaid debts exist, but to get them, you have to try very hard.

At the collection agency, we had a smaller team, but even less quality. Stupidly embittered people who look like homeless people. My neighbor at work smelled like urine, although he seemed fine. He was quickly fired.

Collectors operating methods

Advice from lawyers:

1. Sberbank transferred my debt to a collection agency for collection because I had not paid the loan for two months. I previously called Sberbank and explained that there were problems with work, I work on a rotational basis and at the moment there is no work and no salary. I asked for an extension by phone but was refused. Now I called Sberbank again, they told me that your case has been transferred to a collection agency. What should I do? Communicate with collectors?

1.1. Dear Alexander, Chelyabinsk! The assignment of the Rights of DEBT CLAIMS by the Bank in favor of the so-called Collectors could be made only after the written sending to you of the NOTICE “On the assignment of the right of claim” together with the ORIGINAL AGREEMENT of assignment of the right of claim with original signatures and “wet” seals, a written notification to you about the assignment of the debt (Art. 824 Civil Code of the Russian Federation). Thus, if you did NOT receive the original Agreement for the assignment of the right of claim, this means that there was NO assignment of the right of claim in favor of the so-called collectors. Therefore, in this case, you can NOT pay any attention to the so-called collectors. Good luck to you Vladimir Nikolaevich Ufa 11/17/2018

Did the answer help you?YesNo

1.2. Hello Alexander, You don’t need to communicate with them, it won’t give you anything. If there is no way to pay off the debt, wait until the case is transferred to the court, in court you will reduce the penalty, then, within the framework of enforcement proceedings, ask for a deferment, an installment plan...

Did the answer help you?YesNo

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2. I have problems with loans. I work officially on a rotational basis. I worked and got the money. At the moment I have been unemployed for 3 months because I don’t have one yet and therefore there is no money. I haven’t paid my loans for 2 months because I can’t. Collectors are already calling me. I applied to the bank for a loan deferment, but the bank refused. I have two minor children. What should I do? What to tell collectors?

2.1. Send them to court, don't pay them anything under any circumstances.

Did the answer help you?YesNo

2.2. Good afternoon, Alexander! In your case, of course, you need to count on the amount of your salary. In this case, you must write a statement to the bank about your difficult financial situation. Take a copy of the application in your hands. If you work officially, take a salary certificate from work. It will be clearly visible that there are no salaries. Also look at the loan agreement carefully, maybe there is insurance for this case. Collectors? In a sense, the debt has already been sold to collectors. There is no need to talk to collectors at all. Find a lawyer and have him look at the loan agreement.

Did the answer help you?YesNo

3. How soon after the first day of delay will the amount (3000) be transferred to the debt collectors? I heard about their working methods. Thank you!

3.1. Greetings. They will wait until the amount of the penalty exceeds the amount of the principal debt. At the same time, they will call you constantly.

Did the answer help you?YesNo

3.2. Hello, Alexey! The law does not establish such deadlines; the MFO independently makes such a decision depending on the amount of debt and the creditworthiness of the borrower; in case of transfer of debt to collectors for their actions that violate the law, you can file a complaint - with the police, the prosecutor's office, you can also contact the bailiff service, which currently maintains a register of collection companies, or go to court. Sincerely, Marina Sergeevna.

Did the answer help you?YesNo

4. Russian Standard Bank filed a claim in court under summary proceedings. What to do? Is it possible to file a recalculation of interest or a counterclaim for moral damages since the bank turned to collectors. They used their own methods (they came to their wife’s work, she even wrote a police report against them, sent out her photo to work colleagues like she had a debt. (Although I have a debt))

4.1. Hello! Write your objections to the 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. It is legal to receive compensation for moral damages when the bank really made the client suffer due to erroneous claims. Judging by the message, the bank's demands were legal.

Did the answer help you?YesNo

4.2. Your question brings together all the actions related to this situation, namely those arising from the relationship between the borrower and the lender. To build an algorithm of actions aimed at minimizing liability, contact a lawyer individually.

Did the answer help you?YesNo

5. I haven’t paid my loans for almost three years, 350,000, I paid for the first year, I worked in a good position, I was fired, I’m working in another job without employment, I thought I’d collect it slowly, I can’t pay it off, now through an acquaintance I’m getting a good job on a rotational basis, I’m afraid of collectors or The bailiff will figure out what to do in such a situation, I divorced my husband, changed my last name after the divorce, this is also probably a crime.

5.1. Changing your last name is not a crime. Creditors can go to court, and then 50% of the salary will be withheld to pay off the debt.

Did the answer help you?YesNo

5.2. Hello, it no longer makes sense to pay, all your money will go to pay fines and penalties, and the amount of the principal debt will remain unchanged. It’s better not to pay anything and wait for the bank to go to court and reduce the penalty through the courts. Changing your last name is not a crime. Criminal liability for evading loan payments occurs only if you owe more than 1.5 million.

Did the answer help you?YesNo

5.3. In accordance with the law on enforcement proceedings, no more than fifty percent of its amount can be deducted from your wages. But they can.

Did the answer help you?YesNo

6. I am from Crimea. Before reunification with Russia, I had an outstanding loan from one of the banks. Recently I received a letter from collectors demanding a refund of the amount, already in rubles. They refer in the letter to the contract number, they didn’t even indicate which bank, etc. They threaten that bailiffs will come to my home, etc. I know that this is all nonsense and their methods of work, but still... what is the right thing to do in this situation, and do they have the right to demand anything from me at all? After all, I did not enter into an agreement with them.

6.1. If there is no court decision, do not pay.

Did the answer help you?YesNo

6.2. You need to receive documents in writing about the assignment of claims on your bank's loan to collectors, if any. You have the right to request such documents from both the bank and the collection organization. A collection organization is not a bank and can only act within the law. She does not have the authority to send bailiffs to your home. Bailiffs work only on the basis of a court decision. The loan must be repaid with documentary evidence. If you cannot obtain the documents, then in your case it is more profitable to wait for the trial and pay the debt on the basis of a court decision by filing an application with the court to reduce penalties, fines, and penalties on the basis of Art. 333 Civil Code of the Russian Federation.

Did the answer help you?YesNo

7. There is a debt in the bank. There was nothing to pay after there was no work (I haven’t been able to get a job since last year). Now the bank is transferring my debt to another party (more likely to collectors) and says that it is not responsible for the methods by which the “other party” will collect the debt from me. What should I do?

7.1. The other party must act in accordance with the law. If they start acting out, file a police report.

Did the answer help you?YesNo

7.2. They won’t beat you, but there are several options for collectors: Legal - according to the law on Consumers. Credit. — cultural communication with you. Soft - mild and not very annoying to you, friends, relatives, colleagues Hard - I will remain silent. What to do? Take all measures before it is too late to comply with Article 401. Civil Code of the Russian Federation, and then negotiations with the bank - restructuring, refinancing, getting on schedule. The last option is to go into bankruptcy. You can, of course, wait for the trial, but this may not be one year. Nerves are more expensive.

Did the answer help you?YesNo

7.3. Well, what should you do to prepare for the trial?

Did the answer help you?YesNo

8. The banking service pesters me with phone calls (I notified them in writing and orally about the impossibility of paying off the loan and asked for restructuring), they diligently pretend that they are hearing it for the first time. They are not going to go to court, they are intimidating that they will assign the debt. I don’t understand, it doesn’t matter to me who I pay, maybe the collectors will be better than them. I just don’t understand, why bother? Does that mean they already know in advance about the working methods of this collection agency? How to put them in place?

8.1. Hello! If they build, file a police report against them..

Did the answer help you?YesNo

9. I took out a microloan. Due to the loss of work, there was a delay. I called the bank and they agreed to extend the contract. Now the collectors have started sending SMS to me and my relatives with the following content: The money that you hid will be worked off by your bastard relatives, I will cut your ass with a blade until you die. Tell me, are these methods of debt collection legal and does the bank have the right to transfer my data to third parties? I heard that collection agencies have been banned from this type of collection.

9.1. - write a statement to the prosecutor's office. And attach this message MEASURES OF PROSECUTORAL RESPONSE Article 10. Consideration and resolution of applications, complaints and other requests in the prosecutor's office [Law “On the Prosecutor's Office of the Russian Federation"] [Article 10] 1. In the prosecutor's office, in accordance with their powers, statements, complaints and other requests are resolved appeals containing information about violations of laws. The decision made by the prosecutor does not prevent a person from going to court to protect his rights. A decision on an appeal against a sentence, decision, determination and order of the court can only be appealed to a higher prosecutor. If the actions of officials who violated laws contain elements of a crime or an administrative offense, depending on the nature of the violation of the law, the prosecutor issues a reasoned resolution to initiate a criminal case or a resolution to initiate a case of an administrative offense (Article 25 of the Law, Art. 37 Code of Criminal Procedure of the Russian Federation, Article 25.11, 28.4 Code of Administrative Offenses of the Russian Federation).

Did the answer help you?YesNo

10. The payment is overdue for 3 months. No income, no work either. I don’t refuse the debt and will be able to pay as soon as I have income. The bank said so on the record. They reported that they sold the debt and are not responsible for the methods and techniques of collectors. Does the bank have the right to sell my debt to collectors now? Words about the methods of collectors sound like a threat. Is the bank responsible for knowing about the illegal methods of debt collectors?

10.1. Hello. Contact the bank with an application for refinancing and/or debt restructuring. In case of refusal, wait until the bank submits an application to the magistrate's court for the issuance of a court order; after receiving the court order, you will have 10 days to respond about disagreement with the order, then the case will go to legal proceedings, where you will declare disagreement with interest and penalties and declare the application of Article 333 of the Civil Code of the Russian Federation to reduce the penalty.

Did the answer help you?YesNo

10.2. As soon as collectors appear, send them to a known address - they are nobody and there is no way to call them. GOOD LUCK TO YOU.

Did the answer help you?YesNo

11. I borrowed 5,000 rubles from Roszaim and paid interest regularly. And now there is nothing to pay, there are great financial difficulties. The microloan employee demands the money back. They say you watched on TV how collectors operate, but our methods are even worse. They are not willing to restructure the debt. What can be expected from them and can they really come home or work?

11.1. Hello! They have no right to anything. Even if they come, you have the right not to open the door for them; you have the right not to talk, not to communicate, and don’t be afraid. If you can't pay, send it to court.

Did the answer help you?YesNo

12. I took out a microloan in Denga 5000, the staff at work was reduced, until I got a new one - 70 days overdue. The date of full repayment is set for June 25, I constantly receive SMS messages with threats, and collectors call. Allegedly, they left and will soon take away the property. Are their methods legal and what should I do? Thank you in advance.

12.1. Hello! According to the Law of the Russian Federation dated 02/07/1992 N 2300-1 “On the Protection of Consumer Rights,” the assignment of rights of claims to collectors is prohibited, unless otherwise provided by the loan agreement. If you are threatened by debt collectors, then you need to contact the police with a written statement of extortion in accordance with Article 163 of the Criminal Code of the Russian Federation.

Did the answer help you?YesNo

13. I have the same problem. I work as a recruitment manager in a construction company. We are recruiting employees to work on a rotational basis. One of them gave my phone number to the bank where he took out a loan. Didn't return the money. Now the collectors are tormenting me; they keep calling me. Up to 100 calls per day. I explained everything to them. Useless. What can be done?

13.1. Contact the prosecutor's office.

Did the answer help you?YesNo

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Calls from landlines and mobiles are free throughout Russia

14. My parents have a debt with Alpha Bank. There is nothing to pay them with. The bank demanded the entire amount of the debt, but instead of going to court to collect the debt, the bank turned to a collection agency and now the collectors are not giving way; come home and to work; threaten; insult... Is it possible to get rid of debt collectors using legal methods and force the bank to sue?

14.1. To force a lawsuit - no, against collectors - a complaint to the police and the Central Bank.

Did the answer help you?YesNo

14.2. Write complaints to the prosecutor's office and the Central Bank about the actions of the bank. But you can’t force someone to sue.

Did the answer help you?YesNo

15. After losing my job, I can’t pay the loan, the bank issues an invoice for payment of the full amount within 3 days (naturally, I don’t have 100,000 rubles, even if I don’t have the money for the monthly payment), after which the case is transferred to collectors. Knowing what methods collectors use, I ask for advice: how should I behave with them and what to do next?

15.1. Proceed from the fact that the loan must be repaid sooner or later. Collectors will threaten - contact the police. If there is a trial, then forgive me to apply Article 333 of the Civil Code of the Russian Federation - a reduction in fines, but the main amount will have to be returned...

Did the answer help you?YesNo

16. After losing my job, I can’t pay the loan, the bank issues an invoice for payment of the full amount within 3 days (naturally, I don’t have 100,000 rubles, even if I don’t have the money for the monthly payment), after which the case is transferred to collectors. Knowing what methods collectors use, I ask for advice: how should I behave with them and what to do next?

16.1. Don't react to them and that's it. Let them file for collection through the court, tell them that you will promise only with the bailiffs.

Did the answer help you?YesNo

17. I wrote a complaint against the collectors, who, despite the application (submitted to the bank, 2 months before contacting them, to withdraw my personal data), threats, lack of documents confirming the right to claim the debt, and their methods of work... Now they are threatening to file a counterclaim, claiming that I allegedly provided false information in the application to the prosecutor’s office... What will happen?

17.1. Nothing will happen, don’t pay attention to the collectors’ threats.

Did the answer help you?YesNo

18. I received an email from Tinkoff Bank saying that a team of collectors would come to my work or some other place and take me prisoner. Can I take a printout of this letter to the police or will it be of no use? The letter also contained examples of how debt collectors treated people illegally and used their own methods of collection, in short, it makes your hair stand on end!

18.1. No, you need to make a printout and give it to the police and the investigative committee.

Did the answer help you?YesNo

18.2. According to the Law of the Russian Federation dated 02/07/1992 N 2300-1 “On the Protection of Consumer Rights,” the assignment of rights of claims to collectors is prohibited, unless otherwise provided by the loan agreement. If you are threatened by debt collectors, then you need to contact the police with a written statement of extortion in accordance with Article 163 of the Criminal Code of the Russian Federation.

Did the answer help you?YesNo

19. Today I received a message on my wife’s phone with the following content: SHEEP PREPARE YOUR MONEY WE’LL COME TO SHEAR Please tell me this is the method of work for collectors?

19.1. This is extortion. File a report with the police.

Did the answer help you?YesNo

19.2. Unfortunately, yes, all collectors work in a similar way, I advise you to turn on the voice recorder when communicating with representatives of this profession, and then contact the police.

Did the answer help you?YesNo

20. Have you encountered the work of Avangard collectors? Are there ways to put pressure on their working methods?

20.1. There is ONE method - to send collectors of ALL stripes with three letters, that is, to the COURT!

Did the answer help you?YesNo

20.2. Collectors are not bailiffs. You are not obliged to let them into the apartment, they cannot seize the property. You can listen to their proposals on the issue of debt repayment, or you can simply answer, we’ll meet in court.

Did the answer help you?YesNo

How to deal with debt collectors legally? Do they have the legal right to call at work? What rights does National Collection Service LLC have?

Preparation

Again, I don’t know how it is in large banks, but I personally have not encountered any serious training in the business. First, a theoretical lecture on what debt is made up of and which articles of the Criminal Code of the Russian Federation should be emphasized when communicating. By the way, I don’t remember the number now, but the articles were interpreted extremely incorrectly when communicating with borrowers. Then - a little practice, it was even funny. The shift supervisor played the role of a cunning debtor, and we had to put pressure on him. It was very funny. Actually, after a little preparation - into battle.

In call centers there is much more pressure, because there is a risk of losing a client. And the debtor, of course, will not escape from the collectors.

What to do if debt collectors are bothering you? And is it possible to influence the situation at all?

The collection agency itself is a call center where about a dozen or more collectors have workplaces.
Collectors spend most of their time on the phone, calling numbers provided by the program. This is why you can talk to different people 10 times a day and answer questions that you have already answered more than once today. If the collector violates the norms for the number and time of calls Very often, collectors deliberately violate the law, because continuous calls are a good collection tool.

Not answering all bank calls or changing the number is not the best option for the borrower!

There are loans, but a crisis has come.
I don’t have enough money, but I have enough conscience (and shame) I went to banks with requests and was refused (both in vacations and in restructuring) Thank you for giving me a little fresh air (otherwise I’m not far from a heart attack) Give me God bless you and your loved ones. Elena Osipova, I advise you to take a simpler approach to all this, it was, it was... You must rebuild yourself so that their calls do not irritate you, and preferably even on the contrary, train the actor in yourself if there is such an opportunity.

We recommend reading: How to transfer a dacha to your son

Types of debtors

We had a list of unreliable borrowers whom we called and persuaded to repay the debt. Many people ask why banks don’t sue debtors. So, they serve it, but only as a last resort. Because it is long and costly, and also because the court can write off all accrued penalties and deduct from his salary conditionally one thousand rubles a month.

Debtors can be divided into three categories. The light ones who make contact clearly intend to pay off the debt, but they cannot yet. Average weight, who do not seem to refuse to pay, but speak impudently. They are tough – they don’t want to give you money, they send you obscenities. A separate story is anti-collection lawyers, to whom you can set up forwarding for money. It's just brainwashing in its purest form.

The principles of working with light and medium are the same everywhere: we press, but do not overwhelm, we offer options. It happens differently with hardcore people. At the bank, I could only shame them, threaten to call their relatives and work, insult them without obscenity. At the collection agency, such people could be cursed in response. Honestly, I've used this a couple of times.

Rights and responsibilities of collectors during a personal visit

When visiting the place of residence or work of the debtor, the collector is obliged to name the full name, position and company for which he works - this is stated in Art. 15 of the Law “On Consumer Credit”.

In addition, the debtor has the right to ask the person talking about the debt for identification, a document providing grounds for making claims, and papers confirming the right to conduct collection activities.

A refusal may result in a fine for the collection agency ranging from 5 to 10 thousand rubles.

The collector has no right:

• Demand that he be allowed to enter the apartment. The law of inviolability of the home applies - no one can enter the apartment without the permission of the owner (and without a court order).
• Come at night, that is, from 22:00 to 6:00.
• Intimidate the debtor, blackmail him and threaten him, for example, with a group that is “already ready to leave.” Such actions fall under Article No. 139 of the Criminal Code “Threat to life and health” - the collector faces up to two years in prison.

Collection agencies do not maintain any “on-site teams” - this would be an unaffordable expense for them.

• Request cash from the borrower. Employees of collection agencies do not deal with cash - they give receipts to debtors, according to the details of which they must repay the debt from the bank.
• Paint the entrance. This method is popular among “black collectors”: after an unsuccessful visit, they leave a poster with unpleasant content on the borrower’s door, cover the entrance with inscriptions in the spirit of “the debtor lives in _ apartment”, in a word, they use all sorts of methods that can tarnish the debtor’s reputation among neighbors and expose him to laugh.

Trash talk

I sometimes felt sorry for people. We had a grandmother whose granddaughter took out fifteen microloans, bought a car (apparently they didn’t give a car loan) and crashed to her death. I spoke to my grandmother a couple of times, suggested restructuring, and she just cried. There was also an idiot who convinced himself that he was not given a credit card, but the gift money on the card. Just like that!

Once I called a debtor who took out a microloan of two thousand rubles. He answered in a raspy voice that he was talking about whores. I’m not that surprised, anything can happen. And during the next call, the ambulance doctor answered and shouted into the phone “he’s overdosing, he’s going to die now.” What happened next, I don’t know.

Willful defaulters have another subtype - holy fools. These are people who either pretended to be crazy or made very bad jokes. We had a legendary character, we called him “Slantsevsky mamko**”. A man in his thirties from Slantsy (a town in the remote Leningrad region) the entire conversation turned to sex with the collector’s mother. That is, the conversation went like this.

– When will you pay off the debt?

- When your mother lets me out of bed.

- We will send a visiting team to you.

- Great, your mother will serve them.

One time I came across that famous guy, a telephone comedian, who became famous after the fire in Kemerovo (Ukrainian prankster Evgeniy Volnov, who launched disinformation about the number of victims of the fire in the Kemerovo shopping center "Winter Cherry" - author's note). I listened to it on YouTube sometimes, so I recognized it. But somehow he wasn’t in very good shape, although he asked to say “trolley-tyr-tyr.”

There were a lot of eccentrics. One sang ditties, the other farted into the pipe with his mouth. My favorite is a debtor from Pskov who spoke only in poetry. I tried to record his masterpieces, but it didn’t work.

○ Rules of conduct for debtors.

Do not rush to panic if collectors become aware of you. Illegal methods of their influence can always be appealed.

✔ Contacting law enforcement agencies.

In each case of violation of rights, you can contact the police or the prosecutor's office. These structures can influence entities acting contrary to the order and stop illegal methods of debt collection.

Upon receipt of a complaint, an investigation is always carried out, and the perpetrators are brought to justice. The prosecutor's office also stands up for the protection of the violated interests of the citizen, helping to claim through the court compensation or illegally seized property of debtors.

✔ Presentation of evidence.

You can confirm the fact of violation of the debtor’s rights using the following evidence:

• Audio recordings of conversations.
• Letters from collectors.
• Agreements concluded with collectors.
• Witness's testimonies.

You can also write a petition to law enforcement agencies so that they take a printout of calls from the telecom operator (this way you can prove the fact of calls at odd hours). Authorities can request information from the violator himself, which must be kept by him for at least 3 years.

Records

In my work, I have never had mortgage debt or large debts on business loans taken out against real estate. It’s not the dialers who do this, they go straight to court because they can get an apartment.

My personal record is a returned 250 thousand rubles in a consumer loan. The amount of debt was greater, but the bank wrote off penalties and fines. The most accommodating were people with a debt of 20-50 thousand rubles to the bank; I had about twenty such successful cases. You need to understand that they return less often than they do not return. I didn’t even keep statistics on MFOs with their strange interest policy. I also don’t know what my colleagues have, we didn’t exchange such information.

○ Collectors and debtors.

Today, only an organization included in the state register of the FSSP, whose main activity is debt collection, can be a collection agency. Companies whose authorized capital is less than 10 million rubles are not registered in the database.

Debtor is a person who has not repaid a debt on time.

Collectors have the right to claim only the following types of debt (Article 1 of the Law):

1. For loans and credits issued by legal entities, if the creditor has engaged a collector to forcibly seize money on the basis of a written agreement.
2. For monetary obligations to an individual, if the amount of debt is less than 50 thousand rubles (except for the case when the creditor assigns the debt through an assignment agreement).
3. For public services, if debt collectors have been delegated powers to collect debt.

Myths about collectors

I know for sure that there are organizations that are making gestures. For example, the MFO that “8-800...” sent people who beat debtors. Another, whose outlets are located at every metro in St. Petersburg, already on the first day of delay writes text messages like “shave your pubic area, Moussa and Jamal are going to collect the debt.” I have not dealt with such hell, but the manner of scaring Caucasians makes me laugh.

About legends. Firstly, mobile teams. Any bank threatens them, but rarely does anyone come. They may send a couple of goons, but only for verbal suggestion. Stories about violence and Molotov cocktails are still an exception. If anything, I’m only talking about official organizations, how private creditors collect debts, I have no idea.

Secondly, huge interest rates on microloans. Yes, they exist, but unlike banking, they can be negotiated. Roughly speaking, if you cannot give 60 thousand, but you can give 15, then most likely they will agree and leave you behind.

Another myth that I will destroy. It seems that loans are for decent people, microloans are for marginalized people. I've dealt with complete bastards who had late payments on mileage cards and intelligent people who stupidly owed money to microfinance organizations.

If the collector threatens

Alas, not all employees of collection agencies are capable of constructive dialogue - many resort to threats and blackmail from the very beginning of the conversation. In this case, it is recommended to immediately call the police.

Most likely, by the time the police arrive, the collectors will have already left the house, but despite this, it is imperative to record the fact of illegal actions.

In addition, you can contact:

1. To the district prosecutor's office with a statement.
2. To the Internet reception of the Central Bank with a complaint. The same complaint must be submitted to the bank that issued the loan through the official website. Unfortunately, the effectiveness of this method is questionable: if collectors take over the matter, then the debt already belongs to the collection agency, and the bank is “out of business.”
3. To Rospotrebnadzor. This organization is the most active fighter against debt collectors. The complaint to Rospotrebnadzor should indicate the name, as well as the legal and actual addresses of the collection organization that acted as the violator. The complaint is sent through the official website www.rospotrebnadzor.ru: you need to find the “Complaints” item and select the topic “Poor provision of services by the bank.”

Who are collectors and what is their job?

• Collectors (from the English collection, “collection”) are organizations that specialize in collecting debts from individuals and legal entities. In fact, such an organization acts as an intermediary between the lender and the borrower who is behind on payments.
• Not only banks use the services of collection agencies, but also, for example, mobile operators, supplier companies, etc.
• When a debt arises, creditors, as a rule, try to achieve payments out of court, since going to court requires paying fees, the work of lawyers, and does not guarantee compensation for losses (for example, the statute of limitations may expire; the court will decide that nothing can be recovered from the debtor, or take his side). Therefore, initially, as a rule, the creditor himself tries to come to an agreement with the debtor, and then either goes to court or resorts to the help of a collection agency, “assigning” the debt to him.
• Collectors can work for an agency fee, which is a certain percentage of the amount of debt collected.
• Such transfer of debt claims is regulated by Article 382 of the Civil Code of the Russian Federation.

Where to file a complaint?

If debt collectors pester you about someone else’s debt or go beyond the law in their work, a citizen can write a statement:

• about threats to life, health and honor to the police;
• on the legality of the amount of the required amount of debt by the bank to the NBU;
• on the legality of the activities of a factoring agency in the National Financial Services Commission;
• on checking the company's membership in the AKBU.

All inquiries, except contacting the police, can be made via the Internet, using forms on the websites of government departments or by sending an email. But before you do this, it’s worth figuring out why the collectors called in the first place.

What collectors have no right to do

The debtor is not obliged to comply with the demands of debt collectors. However, in case of non-payment or refusal to pay the debt, the collection service has the right to initiate legal proceedings or obtain a court order for further forced collection of the debt by bailiffs.

Since collectors do not have special powers, psychological pressure is used. Including the use of techniques that are prohibited to them:

1. Calls at night.
   In accordance with the law, you can call the debtor from 8:00 to 22:00 (on weekdays) and from 9:00 to 20:00 on holidays and weekends. It is not allowed to call colleagues, relatives and friends of the debtor (the only exception is the telephone numbers specified in the loan agreement).
2. Threats of physical violence or damage to property
   are a reason to contact the police and prosecutor's office. As for threats related to the seizure of property, only bailiffs have such powers and only on the basis of a court decision.
3. The pursuit.
   Personal meetings with the debtor are allowed once a week. If debt collectors are literally stalking you (at home, on the way to work), collect witness statements, record the interaction on camera and contact law enforcement agencies.
4. Demand to pay a fine
   for late repayment of debt. Remember that the amount of debt after its sale to collectors is fixed. They do not have the right to charge interest, fines and penalties on it.

To prevent an overdue loan, which was subsequently transferred to collectors, from becoming the cause of enormous psychological discomfort, it is worth knowing what debt collectors can do and what not. And declare your rights at the slightest violation of legal norms by collectors.

Below we will tell you where to complain about unlawful actions of debt collectors.

Why do debt collectors call about someone else's loan?

This situation is only possible if the citizen acts as a guarantor for the loan and bears equal responsibility with the borrower for repaying the money. These conditions are indicated when drawing up the contract and the guarantor must know them before signing the document. Collectors have the right to call guarantors and demand that they repay the debt; this is within the scope of the law. Another reason for a call from a collector may be the indication of a person’s contact information by his relatives, friends or colleagues who took out a loan from the bank. In this case, the best option would be not to hang up, but to communicate with the agents, specifying the following information:

• the name of the factoring company and the address of its actual location;
• bank account details, state registration certificate and business license;
• the name and surname of the caller, his position, reasons for the call and contacts for verifying the information provided.

If the collector refuses to answer the questions asked, you can safely hang up or ask to send all the information by email. When repeating the call, the conversation must begin again with the same questions, demanding answers to them.

The fight with debt collectors is very tedious and stressful, so it is better not to go through with selling the debt at all.
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