A new collector law was recently adopted. Despite the significant restrictions imposed on debt collectors under this legal act, the number of offenses has not practically decreased. What to do in such a situation? Where to complain about the collectors? This will be described later.
What is a collector?
The concept of "collector" is disclosed in the Federal Law "On Consumer Credit", as well as in the law on collectors. In accordance with these two normative acts, a simple conclusion can be made that the collector is a legal entity that carries out work on receipt of monetary claims, the deadline for which has already passed. In fact, any collection organization is a kind of intermediary between the bank and the borrower. Banks hire collectors to minimize all kinds of debt collection costs. At the same time, some banks may not resort to the services of collection organizations, but decide to act independently.
The recently introduced Federal Law on Collection Activities has enshrined the need to register each debt collection company in a special state register. The basic functions of the collectors were also strictly regulated. The question of whether the situation as a whole has changed is very difficult. However, it is worth noting the still growing relevance of the question of where to complain to collectors can be a simple citizen.
Responsibility of collectors
Before proceeding to a description of the main instances and bodies to which complaints can be filed for collectors to perform their functions improperly, it is necessary to highlight the main elements of responsibility and rights of workers to collect debts.
What does the new collector law say employee responsibility? The following points are worth highlighting here:
- an administrative fine may be imposed on a particular collector in the amount of up to 50 thousand rubles in the event that he carries out his labor duties in violation of applicable law;
- a collection organization as a legal entity may be fined up to 100 thousand rubles for violation of applicable law;
- collection activities by a person not included in the special state register entail a fine of up to 1 million rubles (if this is a collection company, then up to 2 million rubles).
Collector Rights
The bill under consideration establishes the main methods of interaction between workers in collecting debts with debtors. So, any collector registered in the state register has the right to perform the following labor functions:
- conclusion of an agreement with the debtor regarding personal meetings and phone calls;
- holding personal meetings, telephone conversations, sending text messages (the number of calls, meetings and letters for a certain period of time is strictly regulated);
- transfer of all necessary information about the debtor of the collection organization or the bank.
Thus, the rights of collectors under the new law are very strictly regulated. It is also important to highlight the main prohibitions in the work of "debt collectors".
Collection Limitations
Due to the large number of offenses, and sometimes even crimes committed by collectors, the people have an idea of the workers in question as real bandits and extra-legal. For a long time, the question of when the law on collectors comes into force remained relevant.
Such a bill was adopted in 2016 (No. 230-FZ). This regulatory act clearly spelled out all the main restrictions regarding the labor activity of collection companies. The following points are worth highlighting here:
- collectors should in no case apply methods of physical or mental violence against debtors;
- the number of meetings or negotiations with debtors should not exceed the norm;
- all collectors should not have unexpunged convictions; their registration in the state register is obligatory.
The bill reveals the theses presented in more detail. So, the law says a bit more about what constitutes a collection company, its employees, etc.
Collector calls
Despite the adopted number of restrictions regarding collection activities, the number of violations in this area has decreased very slightly. The problem of the same phone calls is still relevant. They arrive to debtors incredibly often; many collectors completely forget about the rules of negotiations with customers. What to do in such a situation?
All telephone calls from collectors must be regulated and agreed in advance. So, if calls are received at night (which is prohibited by law), or if calls are received too often, clearly in excess of the established norm, the only right way would be to file a complaint with the debt collection organization to the court. And what if the collectors call to work? Are collectors entitled to this? They should not call for work in any possible case - this will always be a violation of bank secrecy, and, therefore, a violation of the law. There is only one option - filing a complaint with the appropriate authorities.
On how to complain about the collectors is necessary for ordinary citizens, will be discussed later. It is only necessary to indicate one more situation - when the calls are received erroneously (if the former owners of the house call the phone, the collectors confuse the number, etc.). Possible solutions to the problem are:
- change of phone number;
- an attempt to explain to collectors the situation;
- writing a letter to the collection organization with all the necessary documents attached;
- filing a complaint with the authorized bodies.
It is about the latter method that will be discussed later.
Where to complain about the collectors?
Finally, it is worthwhile to sort out the most important and urgent issue for all debtors suffering from unlawful actions by collectors. What is it worth talking about here? There are six application options. Each of them will be discussed in detail below.
FSSP - or the federal bailiff service. It is this body that is authorized to maintain a special state register for all legal entities. Moreover, the FSSP is obliged to control all those bodies that are listed in the state register. Filing a complaint to the bailiff service would help to resolve the situation very quickly and effectively. The application can be written at any time on the official site of the FSSP.
The next option is NAPCA (National Association of Professional Collection Agencies). This is, in fact, the largest association of all debt collection companies. Do collectors require debt by using threats and violence? In the work of the agency have been repeatedly detected violations? You can file a complaint right now - just open the official NAPCA website.
Roskomnadzor and financial deliberation
Where to go if collectors threaten? If elements of violence, various threats or other illegal actions by collectors were allowed, then the right option would be to file a complaint with the Russian Committee for Oversight. The represented body can take quite serious measures: for example, impose a fine, bring to administrative responsibility, etc. You can submit an application in a variety of ways, including through the official website of Roskomnadzor.
Another option for resolving a conflict with collectors is to appeal to a financial deliberator. It is a kind of mediator between customers and banks. The deliberation work refers to the pre-trial stage of conflict resolution, and therefore, in most cases, the services of the specialist in question are free.
Police and Rospotrebnadzor
Rospotrebnadzor will help to consider and resolve all the most delicate issues related to conflicts with collection organizations. In particular, this includes questions about when the law on collectors (or amendments to the new law) will come into force, what debt collection workers have or are not entitled to, how can a claim be filed against a banking organization, etc. an application to the Rospotrebnadzor can be in a variety of ways: by contacting the authority directly, via the Internet, etc.
It is worth resorting to the help of the police only in the most extreme cases. For example, if collectors act openly in a criminal way: they spoil property, threaten, use physical force, engage in fraud, extortion, etc. Both a classic call to number 02 and negotiations with a local police officer are suitable.
Collector Errors
Many collection organizations have a very wide customer base. Naturally, one cannot do without errors in the work of an organization. We have already described what needs to be done if debt collectors call the wrong phone number. However, there are other, fairly common errors in the operation of collectors. For example, if an agency claims a debt on an old, long-paid loan. Such cases, I must say, are not new. So, collection organizations may not be aware of the payment of debt, the taking of so-called credit holidays, etc.
The problem can be solved quite simply. To begin with, you should make sure that the loan was actually paid - it should not be in the data bank of the enforcement proceedings of the bailiffs. If there is no data in this registry, then all that remains is simply not to answer calls and messages from collectors.