Today, a lot of people use the services of credit organizations and banks in order to make purchases or simply use financial resources with their subsequent return. However, it is often not possible to repay the debt in a timely manner. In this case, a person begins to receive suspicious calls from employees of third-party agencies, which sometimes in a rather rude form begin to require money to be paid. It is logical that bank customers are simply perplexed: how many times a day the collector can ring and not tire of repeating the same thing.
Most people who have ever taken a loan and communicated with such employees want to clarify whether such an activity is legal.
general information
First of all, it is worth noting that there is a separate legislative framework. During the process of obtaining a loan or any other debt obligation, a person signs a contract. As a rule, it contains a clause stating that a bank or other financial organization, if necessary, can transfer loan rights to third parties.
There is a federal law that talks about consumer loans and borrowings. If a person took a loan from a bank but didn’t repay it within a certain period of time, then in this case the financial institution really has the right to refer the matter not only to the court, but also to a collection agency that will deal with the issue of debt repayment. However, such firms have certain limitations, which they very often forget.
How many times a day you can call collectors
It is worth noting that until 2016 there was a serious problem that collectors began to disturb debtors. They called literally every minute. Of course, this annoyed people and caused righteous indignation. Fortunately, after 2016, new conditions appeared that indicate how many times a day a collector can ring. This helps protect the borrower from the annoying employee of the agency.
In this regard, the collector has no right to interact with the debtor more than 1 time per day, 2 times a week or 8 times a month. In addition to how many collectors can call per day, it is also worth considering when exactly they have the right to contact the debtor. There are strictly allotted hours for such calls. The collector can dial a specific phone number only from 8 to 20 hours. On weekends, the agent also has the right to call. But this limits the time for such an interaction. He can dial the debtor’s number exclusively from 9 to 20 hours. In this case, the employee must comply with a certain charter and communicate with the client properly.
Do employees of such services have the right to call relatives, friends or work
Knowing how many times a day collectors can call, other questions arise. For example, if such a person called the debtor himself once and then began to contact all his friends, is this acceptable?
The law does indeed contain a separate clause, which states that the intermediary (or rather the collector) between the bank (that is, creditors) and the borrower himself has no reason to interact with anyone other than the person who signed the loan agreement. An exception can only be that situation when the borrower himself has given such consent.
Moreover, a third party (namely, a relative, work colleague or just a friend) has every right to refuse any communication with collectors. After that, the employee of such a company has no right to disturb a person who is not related to the loan. Thus, how many times a day can a collector call relatives or friends of a debtor? Not at all if they refused to communicate with him.
It is also worth noting that even if the borrower agrees that third parties will call his comrades or colleagues, he has the right to always write a refusal and withdraw his application. If the collector has even received permission to call friends and relatives of a bank client, he has no right to inform even the borrower's relatives about how much money the client owes to the bank.
What the collector has no right to do when calling
Many have heard more than once that agents sometimes use, to put it mildly, not the most correct forms of interaction with debtors. In this case, the problem already is not how many times a day the collector can ring, but how it behaves during the conversation.
Some threaten the debtor with physical harm, while others behave rudely. But you need to understand that this most often happens if the debt was taken from a microfinance organization or from a private person. If we are talking about a self-respecting bank, then it is unlikely that it will ruin its reputation and get in touch with such agencies that cannot perform the procedure correctly.
It is also worth considering that no matter how many times a day collectors should call, they have no right to start using threats or profanity during a conversation. In this case, the borrower, even if he owes a huge amount, can go to court and make a complaint that he receives such threats.
To prove that the collector is behaving inappropriately, it is recommended that each such dialogue be recorded on the recorder. Fortunately, all modern smartphones today are equipped with a similar option. The same goes for friends and relatives who receive unpleasant calls.
If, having learned how many times collectors can call, the borrower came to the conclusion that in his case they do not contact often, but behave incorrectly, he can go to the bank. It is necessary to inform the financial organization of incoming threats. There is a chance that the bank did not even know about this behavior of collectors. Then the problem will be quickly resolved.
Can a collector call someone else's loan
Often there are situations when an agent calls and asks for a refund, which a person never took. In this situation, this behavior can be explained in several ways. It is possible that the contact information at the time of signing the contract was incorrect or the person who issued the loan consciously entered not your number, but someone else's.
Also, this happens if the SIM card was purchased recently. It is possible that before this phone number had a different owner. Also, such calls may come in the case of a relative.
However, this does not mean that you have to pay someone else's loan. How many collectors can ring in this situation? If a person has not issued any credit, then this should not happen at all.
How to refuse collector calls if you did not take a loan
In this case, it is worth explaining to the collector that this phone number does not belong to the person or that its owner did not really draw up any contracts with financial organizations. If calls continue, it is worth contacting the financial institution on behalf of which the agent acts and ask for a certificate of lack of debt.
You also need to write an application to remove the phone number from the bank database.
Is the collector required to introduce himself during the call?
Yes, according to the Federal Law, which speaks about the requirements for consumer loans, any third party who performs the function of a person who clarifies information about debt before starting communication with a client (regardless of whether it is a phone call or a personal meeting) in must clearly pronounce your name and patronymic, as well as the last name and information, which includes the specific name of the organization that it represents and its address.
If an employee of a collection agency does not fulfill such a requirement, then in this case the client can safely explain to him that he does not intend to talk with a stranger, and hang up. A citizen has every right to do so.
Where to complain
Knowing how much you can call collectors per day, a person has the right to be indignant if a financial institution bothers him by phone every 15 minutes. First, you should try to explain to the collector that he should not behave this way. However, most often, this does not work.
In this case, you must contact the Rospotrebnadzor or the Central Bank. Simply send an application to the appropriate authority, a personal visit is not required. Also, any citizen, in the case of such actions and the excess of authority by the collector, can contact the prosecutor. If there are constant threats to life, then you should not turn a blind eye to this. Need to take action. Otherwise, the situation can only worsen.
Finally
Despite the fact that collectors operate legally, they do not have the right to exceed their official duties. Do not be shy to defend your own position, especially if the law is on the side of the affected party. If a person has suffered moral and especially physical harm, then he has every right to recover from the collection agency a sum of money for the damage caused. To do this, you need to send the case to court and be patient.