Often now when debts arise, it turns out that the debt has been sold to collectors. Actually, this is a fairly common practice, especially in Russia. Applies to all indiscriminately. And just such behavior causes fear, panic and apathy among citizens. Why? Collection companies do not always act legally and humanely. They are faced with the task: by all means, no matter what exactly, to knock out debts from the debtor. And everything, to the last penny, and even in the shortest possible time. Can they sell debt to collectors? How legal is this? What awaits you in such a case and how to deal with this situation? About all this further.
Is there a right
It’s worth starting with the legality of the operation. After all, if the bank does not act according to the law, then you can prove it, and then also remain, as they say, in the black. That is, you will be able to protect your rights. This is quite normal.
Debt sold to collectors? Nothing can be said for certain about the legality of this action. Unless advise only to carefully read the terms of your loan agreement. Why? Because all the points that can only worry both the borrower and the lender are prescribed there. So read the document carefully before signing it.
Often you can see here a clause on the right to transfer debt to third parties. Just this indicates the legitimacy of the action. Can a bank sell debt to collectors? With such a mention - easily. Moreover, this kind of event is considered legal. If the specified item is not spelled out in the contract, then transferring the debt to someone is simply impossible.
When
With the law more or less sorted out. What's next? When, for example, is it possible to fear collisions with collection companies? After all, someone suffers from them, and someone does not. But at the same time, both the first category of persons and the second have debts.
Can they sell debt to collectors? Easily, and legally. It is enough to carefully look at the terms of your contract. When exactly can I encounter this problem? There certainly are no algorithms and recommendations. After all, it all depends on the particular bank. Usually they begin to communicate with the collectors after the debtor already accumulates a decent debt. Which one, exactly? This is up to the bank to decide. Collectors may come to someone after the first month of delay, but someone does not pay for years and is not afraid of anything or anyone.
In principle, often with malicious defaulters they begin to fight after about 2-3 months of delay. No matter how much has accumulated. Much less often, collectors appear 3 years after arrears. Such cases are perhaps the most legitimate. But, unfortunately, they are almost unrealistic. In practice, banks do a little bit - they run to collection companies, after the very first delays in payments.
Here is the news!
True, not everything is as simple as it seems at first glance. The main advantage operated by banking and credit organizations is that the transfer of debt to third parties does not require the consent of the borrower. That is, for you the news about this event may come as a surprise.
Does the bank have the right to sell debt to collectors? If the contract contains a clause on the transfer of obligations to third parties, then it is. And legally. Otherwise your rights will be violated. But in practice, few people care. It often turns out that debtors learn about resale directly from collection companies. That is, banks act as they see fit. Although it would be worth warning citizens. And all this is not even for their sake, but to protect themselves from various consequences. But they do not do this from the principle, they present a surprise to debtors in the form of communication with collection companies.
I will not pay
Bank sold debt to collectors? What to do? For starters, do not panic. The mere mention of collection companies often leads citizens to apathy. Do not do this. To get started, calm down and try to understand that everything is not so scary as it seems. Despite the fact that the bank transferred the “knocking out” of debt to third parties, you have your rights. And they can be operated on.
Firstly, you have the right to demand from a new creditor all documents confirming the transfer of debt, as well as the regulatory actions of a company. That is, you must be presented with evidence of transfer of debt collection rights . Until the collectors do this, you can not legally pay. In fact, usually such firms are not very busy with paperwork. So, it is likely that the bank and collectors are acting by agreement, without any supporting documents. In this situation, just do not pay. You have the right to do so.
Claims
What if the debt was sold to collectors? The second point of action is the submission of claims. It is relevant only if you had these in relation to the banking organization. That is, you can complain about the collectors.
Remember, this behavior is scary for many. After all, collection companies are not banking assistants at all, in Russia it is a real business, which has its own unspoken rules of conduct. Often the usual complaint from the debtor can bring a lot of trouble. And all this is due to the fact that the work of collectors is not always legal in itself. Moreover, in Russia now more and more often they begin to prove the illegality of this business. So don’t be afraid to make a claim.
Easier to pay
Is your debt sold to collectors? Some citizens believe that in this situation, it is easiest and most logical to gather strength and pay off debts. And with everyone. So that everyone is behind you and you can live in peace.
In principle, this is an option. Especially if you have the opportunity to pay bills. Why? Because only lack of debt will distract collection companies from you. However, in practice this kind of technique is used extremely rarely.
Why? It's all about the activities of collection companies. Most often, either the debtors do not have a real opportunity to pay for one reason or another, or simply they want to protect themselves. And the collectors at the same time, with all their might, “knock out” money, violating their rights. So why then you have to pay? How to be in this situation?
Is the camera with you?
Is your debt sold to collectors? How to be now? In general, it's up to you. But in practice, most often collection companies act illegally to intimidate and knock debt out of the debtor. Regardless of his situation in life. This is wrong and illegal. Need to protect yourself.
Therefore, always carry a video / photo camera, as well as a voice recorder. And in general, everything that can prove a violation of your rights. The main activity of collectors on debt collection is nothing more than damage to other people's property. Try to record all such violations, and also stock up on witnesses. You never know, you will need them.
The main thing - do not immediately pay the bills. If you have been acted against by law, you can not pay. Instead, the residual appeal is “where to” to defend one's own rights. A few years ago, this practice was not so common, but recently such events have been happening more and more often.
Straight to court
There is no need to fear collectors. In fact, if you approach the issue correctly, you can also remain "in the black." That is, the debt does not have to be paid, and even to recover certain funds from the bank / collection company. How exactly is this done? Appeal to the court!
The main thing here is the availability of evidence that indicates a violation of your rights. Most often, a few uninterested witnesses (for example, neighbors), as well as an established fact of damage to your property, are enough. Printouts and recordings of calls, photographs of threats, and so on - all this can be recorded and brought to court with a lawsuit.
In this situation, most likely you will win the case. And you will not only be removed from the debt (especially if the damage caused is several times the amount of the debt), but they will also force the collectors or the bank to compensate for the damage - both material and moral. The main thing is to prove the illegality of the actions of the new creditor.
Collectors
Another modern solution is to contact anti-collection companies. There, for a small fee, they will help you overcome new lenders. That is, they will hold a consultation on further actions, help to appeal to the court.
True, a similar method in Russia is not yet so popular, but from year to year it is more and more in demand. Contacting anti-collection companies can protect you from illegal actions of collectors, and also, most likely, save you from debt.