Economists say that loans are the engine of economic development. However, this judgment is true only under decent credit conditions and the honest fulfillment of their obligations by all parties involved in this process.
If these conditions are not met, then problems begin, which at one time greatly hit the financial well-being of many countries and the international economy as a whole.
When a bank begins to file a loan claim, the person is usually not protected in front of this financial machine. In this article, we will figure out how to behave when collectors threaten what to do and where you can turn for help.
Why do you have such problems?
People take loans mainly for one reason - there is no way to pay the full amount at once to buy the necessary thing. When applying for a loan, borrowers choose a period at which the level of monthly payment will be low enough to insignificantly affect the family budget.
However, only fortunetellers know what lies ahead for each of us. And sometimes there are situations when incomes fall sharply, and there is no way to make loan payments on time. In this case, a delay in the loan appears.
There are times when the bank itself increases the interest rate under the contract, and it is no longer within the payer.
When such situations occur, the bank may sell your debt to the collector. And their working methods can not only affect your well-being, but also your physical health. If you find yourself in such a situation, and collectors threaten you, what to do, we will figure it out further.
Knowing the laws is your weapon
People who are professionally involved in debt recovery are used to taking their victims aback. Threats of physical violence, night calls to relatives and other tools become their assistants.
However, their powers given by the state are clearly defined in law. Relevant articles can be found in the Law of the Russian Federation “On Consumer Credit”, which clearly describes the rights of collectors. So, if collectors threaten you, what to do in this case? Read the letter of the law first.
For example, there is a clear rule that regulates the time period in which ransomware will help you: on weekdays from 8:00 to 22:00, and on weekends from 9:00 to 22:00.
It is also worth noting that a debt collection organization has the most common rights enjoyed by other commercial firms and companies. This means that they cannot do anything against the law. Understanding this will help you not to lose control when collectors threaten you. What if they violate these rules?
They need to boldly declare that they go beyond the laws with a clear tip to a specific article. Believe me, they do not expect this.
Any threats are outside the scope of the legislation of the Russian Federation.
Do not agree and go on about the "extortionists". Are collectors entitled to threaten? Of course not. No matter how terrible the collector looks or speaks, it is not allowed to directly or indirectly threaten you.
And this is precisely the main weapon of the ransomware. The main threats are that you are advised not to go late in the dark alleys, pick up children from school on time and turn off electrical appliances at home.
In these statements has the fact of hidden threats:
in the first case, you are threatened with bodily harm;
in the second option, they hinted that children could be abducted;
in the third case, they talk about a possible arson.
Undoubtedly, all this can unbalance any person. In this case, collectors can be held liable under article 163 of the Criminal Code, which describes the signs of extortion under the 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 are provided.
Threats from a financial institution
If the bank threatens collectors, then you can not worry. Firstly, it is against the law. And secondly, far from all banks can afford competent and efficient work using collectors.
Of course, it makes sense to resolve the issue of growing debt right away by drawing up an additional agreement with the bank on credit restructuring. In this case, the likelihood that your communication with a financial institution will reach the hiring of collectors is much reduced.
However, if an amicable agreement was not reached with the bank, and collectors call and threaten you, check out the steps below. Compliance with these points will help you talk with “extortionists” not as hunters, but as victims.
Specific actions
If collectors threaten you with a court or something else, there is no need to panic. The first step is to figure out how they relate to your credit relationship with the bank.
After all, a person signs a loan agreement with a bank, and not with a collection organization. Therefore, check with them which company they represent, which they have claims to you and on the basis of what they are presented to you.
Depending on their answers, you need to choose the right conversation tactic. There may be two different ways. The first is when an agent agreement is concluded between the bank and the ransomware. Second, if the bank sold your loan to a collection company.
Agreement between bank and collectors
In the first situation, they only have the right to call you and remind you of your debts to the bank. Such calls do not have any legal consequences for you, even if the collectors threaten the court, so you can not even respond to them.
If you are called from an unknown number and you understand that this is a collector, then say that any conversations will only be in court, and hang up. Immediately add this number to the black list so that you can no longer bother him.
Seeing that you are not picking up the phone or blocked their numbers, you can start to receive SMS, with the help of which collectors threaten reprisal. They can be of a very different nature. For example, there are such options:
A quick response team has been sent to you, be prepared to open the doors in 15 minutes;
tomorrow an appraiser of apartments will come to you, we will decide how much you can sell your home for;
if you do not want to have health problems, then return the money within a week.
Other, more crude phrases are possible.
Their task is to scare you
The point of all this is to scare you and create moral pressure. These messages do not need to be answered, save them in the phone’s memory and print them on paper so that the date and the number from which they were sent are visible. This will help you in court to prove the violations that the collectors made in the course of their work.
And if they came to your house and knock on the door, immediately contact the police. The outfit of law enforcement officers will cool their ardor. Do not be afraid of this action, because your police loan does not concern you at all, and they will not be able to do anything to you. But the hooligans to lower from the landing are quite capable.
If your loan is sold to collectors
If the bank, clearing its balance sheet, resold your credit debt to a collection agency, then things get a little more complicated. After all, the second legally have the right to demand from you the return of the debt.
However, banks do not always have the right to do so with their borrowers. In this case, when you are looking for where to turn, if collectors threaten, then it is better to choose a lawyer who specializes in such cases.
Usually, professionals immediately advise complaining about such actions. The recall of their personal data and the preparation of a ban on their processing are able at first to cool the ardor of “extortionists”.
They will also advise you and help you prepare in case of threats against your relatives relevant statements to the police, as well as the prosecutor's office.
Draw conclusions
First of all, do not panic. Find out who the employee represents, who is calling you and talking about debt, ask how he relates to your loan.
Operate the letter of the law, tell the collectors about their violations. If it doesn’t work, then contact the appropriate authorities, send “extortionists” copies of the statements.
It would be useful to appeal to lawyers who deal with such issues. It will not be difficult for them to calm down collectors competently and agree on restructuring your debt in order to reduce the burden on your budget. There have also been situations where they were able to write off part of the overdue debt in connection with the identification of various violations by the bank.