What to do if you are threatened by debt collectors - actions to protect your rights and recommendations

Legal framework and powers of collectors

Until 2020, the legislative framework regulating the activities of collectors was limited to certain articles of the Civil Code and Federal Law 353 of December 21, 2013 “On consumer credit (loan).”

According to it (Article 15), the activities of collectors have the following restrictions:

• the professional collector can contact the debtor through calls and personal meetings from 8 to 22 hours on weekdays and from 9 to 20 on holidays;
• KA has the right to send letters, voice and text messages (SMS);
• Agency employees do not have the right to use methods that harm the debtor or his property, threaten or intimidate him.

Note! Responsibility for non-compliance with the rules is not stated anywhere. In practice, this means that consideration of a complaint regarding violation of the Federal Law and Civil Code will most likely end in a refusal. Intrusive collectors should be brought to justice on other charges: threats (Article 119 of the Criminal Code of the Russian Federation), extortion (Article 163 of the Criminal Code of the Russian Federation), disclosure of personal information, interference in private life, etc.

Powers of collectors
Due to the unprincipled and cruel actions of collectors, legislators proposed banning this area of ​​activity altogether (St. Petersburg Registry Assembly dated January 20, 2016).
However, the matter was limited to Federal Law No. 999547-6 (“Law on Collectors”). It came into force on 01/01/2017. It clarifies many details of the activities of the CA, for example, it introduces a ban on talking with minors, the use of physical force and threats of violence, restrictions on the number of calls and SMS, etc.

Any threats are beyond the scope of Russian legislation

You should not agree and follow the lead of the “extortionists”. Do debt collectors have the right to make threats? Of course not. No matter how scary the debt collector may look or sound, he is not allowed to indirectly or directly threaten you.

And this is precisely the main weapon of “ransomware”. The main threats boil down to the fact that you are advised not to walk in dark alleys late at night, pick up your children from school on time and turn off electrical appliances at home.

These statements contain the fact of hidden threats:

• in the first case, you are threatened with bodily harm;
• in the second version they hint that children may be kidnapped;
• in the third case they talk about possible arson.

Undoubtedly, all this can throw anyone off balance. In this case, collectors can be held accountable under Article 163 of the Criminal Code, which describes the signs of extortion under threat of physical harm or damage to property. For this, a term of imprisonment of up to 4 years and a fine of 80 thousand rubles is provided.

If the debt collector threatens you over the phone

The first calls from collectors are, as a rule, correct, but then they become more and more demanding and harsh. Sometimes debt collectors threaten physical harm, sending them to prison, depriving them of parental rights, and telling the whole world about the debtor’s “shame.” Personal insults are used. Such calls can go on all day, 2-3 in a row.

Note! No one is obliged to listen to insults addressed to them, but one should not be rude in response to debt collectors either. Firstly, this will further escalate the situation, and secondly, it will work against the debtor when presenting a recording of the conversation to the court or prosecutor’s office. But you shouldn’t shy away from the conversation: a borrower who is hiding will be recognized in absentia as a fraudster.

What to do if debt collectors threaten you over the phone?

• 
  Threats by phone
  Record the conversation, save all SMS.

• Before starting a conversation, warn the professional inspector that his words are being recorded on a voice recorder. In practice, after such a warning, the tone of the CA employee sharply becomes kinder.
• Know your rights and laws that the collector violates: Art. 119 of the Criminal Code of the Russian Federation (“Threat to life and causing harm”, term up to 2 years), art. 163 of the Criminal Code of the Russian Federation (“Extortion”, up to 2 years), disclosure of personal information, Art. 137 of the Criminal Code of the Pension Fund (period up to 6 months).
• Demand to introduce yourself, state the legal address of the office and the reason for the call, and if you refuse, hang up.
• Based on documentary evidence, write a complaint to Rospotrebnadzor, the Prosecutor's Office and NAPKA (National Association of Professional CAs) by registered mail with notification and an inventory of the contents.
• Add collectors' numbers to the blacklist and send a complaint to the mobile operator to block the numbers of professional collectors ONLY after the complaint has been written.

Where should a debtor go for help?

If debt collectors behave excessively persistently, make threats, or worse, cause physical harm, there are no other options but to contact the police. Indeed, only police officers will be able to deal with your problem, since actions on the part of collection agency employees are illegal.

What needs to be indicated in the statement brought to the police:

1. describe in detail what they are threatening you with. Ideally, have evidence, video or audio recordings confirming the fact of a crime on the part of the collectors;
2. indicate exactly what actions the collectors took against you. We are talking about physical influence, persecution, constant visits, and so on.

You really need to be extremely careful with these guys, as some of them can even threaten to kill you! It is clear that in this case no friends or relatives will help you. Help will come only from the police.

Well, in general, if you take out a loan, be sure that you can pay it off. Otherwise, it is better to abandon this idea. From this article, you probably emphasized to yourself what problems this can result in. Do you need it?

If the collector came in person

Sometimes collectors don’t have enough telephone conversations and they go “on site” to put direct pressure on the debtor.

Note! By law, the CA has the right to personal meetings. They must take place face to face, that is, the collector has no right to contact his neighbors, employers, relatives, etc. without the debtor. However, if an agency employee came in person, it is worth calling witnesses to the conversation. As a rule, the tone does not rise in the presence of third parties.

What to do if debt collectors make threats at a meeting, and what they can do:

• 
  Threats during a meeting
  Do not open the door and do not let the representative of the KA in. Ask your neighbor to also listen to the conversation. It's good if you have a voice recorder to record the conversation.

  Read also:  How IBA finance collectors work
• Promises to “punch someone in the face” or take away everything to the bone are unlawful from the point of view of the law (only bailiffs can seize property by a court decision). However, practice shows that some professional inspectors do not disdain assault, damage to things, and even outright violence.
• Demand from collectors a passport, a CA employee ID and a copy of the assignment agreement. If you refuse, call the police.
• Know your rights and the laws that protect them.
• In case of threats of violence, damage to property (inscriptions on cars demanding repayment of the debt) and witnesses to this (dictaphone recording), call the police.

Debtors' rights under the law

Important! According to Federal Law No. 230, which regulates the activities of collection agencies, the debtor can be disturbed about the resulting debt only in the first four months from the moment when the loan line was formed.

If such a period has already passed, then the debtor has the right not to communicate with collectors; to do this, you should write a corresponding application and send it to the creditor.

If collectors continue to pester the debtor, such data should be recorded by all available means. They may be useful in court proceedings in the future.

Watch the video. What collectors are prohibited from doing:

If the collector threatens to sue

The most common threat from collectors is “to imprison you for life.” Be that as it may, the collector's appeal to the court is more likely to play into the hands of the debtor than the CA. Firstly, law enforcement agencies will find a lot of violations of the client’s rights in the event of a counterclaim. Secondly, the court is more loyal to the borrower, obliges to repay only part of the debt in installments depending on solvency, and bailiffs act within the framework of the law. And the bankruptcy of individuals whose debt is more than 500 thousand rubles, and the delay is 5 months, has not yet been canceled.

In practice, CAs rarely go to court; this is a last resort. This is due to the fact that only part of the amount can be returned this way (often less than the value of the debt from the bank) and not immediately. And in the event of bankruptcy of the borrower, there is a risk of losing the investment altogether.

Threats from a financial institution

If the bank threatens you with debt collectors, then you don’t have to worry. First of all, it's illegal. And secondly, not all banks can afford to carry out competent and efficient work using collectors.

Of course, it makes sense to resolve the issue of growing debt immediately by drawing up an additional agreement with the bank on loan restructuring. In this case, the likelihood that your communication with a financial institution will lead to hiring debt collectors is much reduced.

However, if you were unable to reach an amicable agreement with the bank, and collectors call and threaten you, read the steps below. Following these points will help you talk to “extortionists” not as hunters, but as victims.

If a debt collector threatens you for a loan you didn’t take out

Collectors are extremely inattentive: sometimes their victims are people who have nothing to do with the debt at all. Or relatives and guarantors, the decision on whose obligations can only be made by the court. This often happens when the borrower changes his phone number, and then another person buys the contract.

What to do if debt collectors call and threaten someone else’s debt?

• Practice shows that a one-time warning and clarification of the circumstances does not lead to anything. A CA serving a well-known bank needed to explain 5 times that the phone number had been purchased by a third party. The calls stopped only after the company’s legal department intervened and filed a complaint with government agencies.

Note! Although an outsider is not obliged to report to the collector at all, the first time it is strongly recommended to explain to the professional collectors that they are not calling the debtor, when the number was changed, the full name of the new owner. It is mandatory to record the conversation and warn that in case of repeated contact (even correct) a complaint will be immediately filed with the appropriate authorities

• 
  Threats regarding someone else's loan
  If a CA employee explained which bank the debt was purchased from, you can contact its branch, take a certificate of non-involvement in the loan and send it to the address of the collection office with a demand to stop the extortion.

• In case of repeated calls, write complaints to the relevant authorities, including the cellular operator about telephone hooliganism, and blacklist the KA numbers.

How to deal with debt collectors

Based on which of these types of collectors you have encountered, an appropriate action strategy should be developed.

To begin with, a few tips for everyone; this is an integral part of the fight against illegal actions of debt collectors.

• Try to become as legally savvy as possible in your credit issue. You shouldn’t immediately sign up for expensive legal training courses; it most likely won’t be useful and will only cause another blow to your budget. And don’t believe the advertisements of the companies that have proliferated recently, promising free consultations on all issues related to problem loans. This is another way to make money from someone else's misfortune. The client will be told a lot, and expressed in very clever words, using legal terms that are poorly understood by the average person, but this will not be what the client needs, but what the “consultants” themselves need. Most likely, such a consultation will be another confirmation of the saying about free cheese and a mousetrap. They will make the client even more of a nightmare and at the end of the conversation they will make it clear that they cannot do without further help from “professional lawyers.” And it (this help), of course, is no longer free.
• Conclusion: educate yourself. There are many sites on the Internet dedicated to issues of lending, communication with banks and debt collectors. There are also forums where ordinary people communicate and share their experiences and knowledge without pursuing any personal gain. If there is a need, and most importantly, a desire, you can study this issue as soon as possible. It’s enough not to spend the evenings over a bottle of beer in company with despondency, but to get down to business.
• Each credit situation is individual and there cannot be a universal algorithm of actions, but very often, a person who has debt on loans and, as a result, has such a “pleasant bonus” as regular communication with collectors, screws himself up; in fact, his problem is solved much more easier than he thinks. And collectors, being excellent psychologists, take advantage of this.
• One of the simplest, but in many cases effective methods is polite, but at the same time tough communication with unwanted subscribers: “guys, I owe the bank, I will talk to their representatives, but I don’t know who you are. “I have a program installed on my phone that automatically records all conversations, and if you threaten me, tomorrow this recording will go to the prosecutor’s office.” Not always, but it works quite often. Often, the role of supposed collectors is played by ordinary “gopniks”. Poorly educated and with a low level of intelligence and general erudition. And when the “client,” who in their opinion should be scared and babble into the phone something like “I’ll give everything, just give me a delay, please,” suddenly communicates with them politely, but at the same time boldly, calmly, and harshly, they do not have a so-called plan B. They do not know how to conduct the dialogue further and either fall into banal threats, crossing the very line mentioned above, or curtail the conversation and ask for instructions above. It’s unlikely that everything will end there, but in both cases, it’s a victory, albeit a small one.
• If your opponents turned out to be not “gopniks” hired for a one-time action, but more serious people, then, of course, the calls will not stop. This may sound trivial, but courses on psychological stability have never bothered anyone (they won’t hurt a prosperous, successful person, let alone a person in conflict with debt collectors). Here it is worth repeating what was written earlier; there is no need to immediately run to paid courses; everything you need can be found freely on the Internet without any problems.

Where to complain about debt collectors

No one, not even a persistent defaulter, should have to listen to insults directed at them.

Where to go if debt collectors threaten you with violence?

• To the Rospotrebnadzor Department for the Protection of the Rights of Consumers of Financial Services and Minority Shareholders (in Moscow, Neglinnaya St., 12). Based on the complaint, there will be an audit of the right of assignment and the activities of the CA. Rospotrebnadzor considers collection agencies illegal and often initiates legal proceedings and prosecutorial inspections, acting on the side of the debtor.
• To the Central Bank of the Russian Federation with a request to check the credit institution that sold the debt and the CA. Send a copy to professional inspectors. This may not have much effect, but it will show collectors the professional competence and intention of the debtor to protect his rights.
• To the prosecutor's office or court in case of direct threats and extortion. A prosecutor's investigation will be conducted and penalties will be taken.
• You should contact NAPKA (an association that includes the largest spacecraft in Russia) in case of threats, psychological pressure, or inappropriate behavior. After consideration, a decision will be made, often in the style of “no violations were found” (still, they act on one side). Don't be shy about bombarding this organization with complaints all the time, sending them via email and mail.

Even if the borrower is heavily in debt to the bank, no one should threaten or psychologically put pressure on him. It is possible and necessary to seek justice against unprincipled professional inspectors. The main thing is to maintain composure, know your rights and not be afraid to fight for them. And the most valuable advice: in order not to suffer from the actions of debt collectors, you do not need to take on obligations that may become impossible to fulfill.

Useful video on the material:

Basic Concepts

A collection agency is an organization that, according to its charter, specializes in collecting overdue debts from the borrower.
The activities of collection organizations have a legal basis. This is a profitable enterprise that performs a completely legal function.

The logic of the economic process of the emergence of collection agencies (CA) is as follows:

1. Lender financial institutions lose profits due to borrowers' default. They are faced with the task of minimizing losses. There are two ways to do this: work with debtors yourself;
2. attract another organization specializing in this function;

Attention: interactions between debtors and collection organizations are regulated by Law No. 230-FZ of 07/03/16.
This regulatory act contains restrictions on the activities of the latter. Download for viewing and printing: Federal Law of July 3, 2016 No. 230-FZ “On the protection of the rights and legitimate interests of individuals when carrying out activities to repay overdue debts”

Collectors operating methods

Actions that allow the CA to interact with debtors are described in Article 4 of the above law. The list is as follows:

• telephone conversations;
• personal meetings;
• messages: electronic;
• postal.

Both the bank and any other organization acting on behalf of the financier are permitted to use these methods. However, the normative act also contains a number of restrictions. They are:

• the creditor organization has the right: to use the above methods only with the consent of the borrower;
• contact the relatives of the signatory of the loan agreement, if they have signed the relevant document;

In addition, the law regulates the number of interactions. The legislator considered annoying the debtor unacceptable. Thus, Article 7 of the law provides the following restrictions:

• It is prohibited to contact a citizen: on working days from 10 pm to 8 am;
• on weekends from 20 to 9;

Attention: the CA representative must begin communication with an introduction, that is, inform:

• FULL NAME.;
• the name of the organization that authorized him to make contact;
• amount of debt;
• contact telephone number of the debt holder.

Debtor's rights

The normative act gives a citizen many opportunities to make his fate easier. In particular, Article 7 of the law (first paragraph) contains a ban on making contact at the initiative of the spacecraft from the moment:

• the court accepting a bankruptcy petition from the debtor;
• receipt by the creditor of confirmed information that the person: is deprived of full or partial legal capacity;
• sent to an inpatient facility for treatment;
• received group 1 disability;
• has not reached the age of majority (with the exception of emancipated persons).

Hint: if one of the above circumstances arises, it is necessary to notify the credit institution or collectors in writing about the fact.
The next opportunity requires initiative from a person and some financial investment. Article 8 of the law sets out the debtor’s right:

• refuse to communicate with the CA;
• appoint a representative to contact you regarding late payments (a certified lawyer).

Important: a citizen can exercise the above right four months from the date of the first non-payment. A corresponding message certified by a notary should be sent to the CA. This operation, as well as hiring a lawyer, will require additional funds.

Refusal to interact

Is it possible to completely stop all communication with debt collectors and prohibit calls? According to Article 8 of Federal Law 230, refusal to interact is allowed. However, the debtor has the right to send it to the creditor or collector only after the expiration of four months from the date of the delay.

If the creditor files an application with the court and receives a writ of execution for forced collection of the debt, he is given two months to interact with the debtor. During this time, the waiver is suspended. If the debtor has not sent the corresponding refusal in advance, he can do so after a month has passed from the date the court decision entered into force. The creditor who received it does not have the right to involve a collector in order to collect the debt.

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