Today there are a huge number of collection agencies. In fact, they are not a state body, but they use all the methods permitted by state law. That is why the attitude of people towards collectors is very different. Many people are interested in the question: collectors - are they legal or not, how acceptable are their measures in relation to debtors.
Are collectors needed?
The need for collectors is understandable, all because many banks and companies have accumulated a huge number of credit defaults since 2008. In addition, many are charged interest on the use of credit, which also remain unrepaired.
It is very mutually beneficial for collectors to cooperate with banks in collecting debts. Indeed, such agencies receive their part of the remuneration established by the contract. In addition, the alliance with a reputable and reputable bank quite strongly strengthens the position of any collection agency. Although there are nuances, for example, old debts. The legal actions of collectors do not always preserve the framework of legality in relation to old loans - after all, it is almost impossible to collect debt on them.
Today, many large banks work together with collection agencies. True, the state casts doubt on the legitimacy of such actions, as well as the very method of collecting debts with the help of such agencies.
It's important to know
Organizations working with loan arrears can have a variety of names. This may be a "credit security bureau" or "loan assistance", but their activity consists precisely in collecting debts from creditors.
Collector Activities
Recently, collectors have informed everyone that they act only on legal grounds. Moreover, Rospotrebnadzor immediately responded to this in the form of information in the press. The bottom line is that in Russian legislation there is simply no such entrepreneurial activity as debt collection. Therefore, the question of whether collectors are legal in Russia is appropriate, and the answer to it is most often negative. Why then are they allowed to carry out their activities, to work according to certain schemes, and the state allows it.
Rospotrebnadzor has its own opinion
Attracting debt collectors from the respective company has long been a common practice throughout the world. Moreover, collectors themselves and those who control them indicate this. Nevertheless, the Federal Service for Supervision of Consumer Rights Protection and Human Welfare believes that people are simply accustomed to them as given and come to terms with it.
Those who struggle with collectors believe that they cleverly manipulate the concepts of civil law and the law itself. Moreover, collectors are waiting for the early adoption of a law on their activities. Although, it turns out that his absence is at hand, because they can relieve themselves of responsibility for their actions. When there is no specific law, it is difficult to understand which agency is acting in compliance with the law, and which is not entirely in accordance with the civil code, and often violates human rights.
Gray Agencies
Collectors act legally or not - it is impossible to understand if there is no defined framework. True, if you rely on practice, you can get a description of the "gray" agencies that are not entirely legitimate. So, they report that their psychological help and support help repay debts. The following happens here: debts are collected through threats and promises of criminal prosecution. Moreover, the debt can be challenged in court. They also promise to describe the property, ringing relatives and colleagues. It turns out telephone terrorism, which kills people morally, and they bear the latter in order to repay part of the debt.
The nuances of collector work
Very often, the essence of the contract, on the basis of which collectors act and put forward their requirements, is silent. It turns out that the debtor is not explained that the collectors act in the interests of the bank with which they have an agreement. Although the law does not allow third parties to set absolute liabilities, especially in a disputed situation with the bank. It turns out that the debtor can ignore any actions of collection agencies in relation to him.
The opinion of debtors is not taken into account
The Bank cedes to collectors its right to collect debt from a customer. In addition, there are changes in relation to persons under the obligation. Under the law, assigning your claim to another person is permissible if this does not contradict the law, in other words, to the contract. Moreover, the assignment should not occur without the consent of the debtor. Indeed, for him, the personality of the one who collects debt from him is of great importance. Here, an important point for him is, in general, how to talk to collectors and react to their arrival. It turns out that the opinion of the debtor itself was bypassed, and this could entail certain consequences, for example, a refusal to cooperate with intermediaries.
Dangerous moments
It is worth considering that the actions of collection agencies may fall under the article on extortion. After all, they are not subjects of banking. Therefore, they cannot replace the bank as a new lender. Collector rights are very limited in this sense. Indeed, by law, the right of one creditor can transfer to another only on the initial conditions and in the same volumes that existed at the time of the transfer of rights.
It turns out that the client should receive a document from the bank that his debt was transferred to a collection agency. In fact, such a document is shown as a fait accompli and personally on its own behalf. It turns out that the rights of the debtor are violated in this case.
Bank secrecy
An interesting situation arises with bank secrecy. Indeed, according to the law, a creditor who assigns his rights to another person must provide all the information about the client to fulfill the requirement. At the same time, the bank guarantees its customers to keep secret about their deposits, operations and any available correspondence. Then it is impossible to assign rights to collectors for obligations between the bank and the borrower - this is against the law. In this case, the clause on bank secrecy is violated. Are collectors legal in this case, are their actions justified? In addition, the change of official does not allow the debtor to object to collectors who are not executors of banking services. But the claims that are available primarily to the bank will remain.
Response word
The Collector Society reports that their actions are legitimate in Russia. Rospotrebnadzor, on the contrary, believes that their activity leads to losses in the financial system and affects badly the legal literacy of people. Our collection business is considered a new type of activity. In addition, despite all the negativity, in many situations their actions are truly legitimate. It turns out that the rights of citizens are not inherently violated. It's just that people really have little information about such agencies, so complex situations arise. In addition, many simply don’t know how to talk to collectors and how the debt collection process goes.
What is the problem?
The essence of the misunderstanding between the bank, collectors and borrowers is that the activities of the latter do not have a legal framework. Moreover, many understand that this activity is entrepreneurial. That is why we need a law regarding this type of activity. It may also be necessary to make certain amendments to the civil code. Then the question, whether the collectors act legally or not, will disappear on its own.
Practice
If collectors have come to you, then you need to be able to communicate with them correctly. To do this, you need to stock up on information about their work with the bank. This situation arises here: the bank exposes your delay to collection agencies, and they, in turn, buy it. Then, an agreement is drawn up between them on the transfer of the creditor's rights to another person. It uses part 2 of Article 382 of the Tax Code, which mentions that the consent of the debtor is not required. Further information about the debtor goes to a collection agency. There are two options:
1. Debt may be transferred to a third party. It turns out that the bank sells the debtor to the agency.
2. The Bank concludes an agreement with collectors that they are obliged to work out the problem borrower given to them for a certain period.
It often happens that collectors already buy debtors . Therefore, reviews about such agencies can be negative, because they themselves are not informed about the situation with this person. They begin to work with him, and then it turns out that the debt has been repaid. This is not the fault of the collectors, but of the bank itself.
Contract
The situation today is mixed, but there is a way out of it. You just need to learn how to develop cooperation with agencies that can provide assistance in returning money. To do this, you need to sign a tripartite agreement. Here, the bank, the borrower and the collection agency itself are already taking part. Thanks to this balance will be achieved, and the actions will have completely legitimate reasons. In this case, the question of collectors - legally or not, they work - will not be so relevant.
It is worth noting that there are also anti-collection agencies. They help citizens revise their loan payment schedule. They also decide on the issue of debt recruiting or seek to reduce the rate on your loan. They can help to suspend the calculation of interest, contribute to the decision in your favor, and much more. Therefore, you can turn to them for help if the situation is very difficult. However, collection agencies today rely on the law and generally do not violate it. If you can properly talk to them, then you can independently agree on everything. As a result, find a solution to the issue of debt repayment, and at the same time save your own and other people's time.