Collectors: how a debtor should behave, his rights and other important points. Collection agency? Yes, I'm listening to you! How do telephone collectors behave?

Good afternoon friends.

Recently I already told you about. Today we continue this topic: some practical tips on how to communicate with collectors if your debts have already fallen to them.

The main tool of such companies is psychological pressure. Their staff, as a rule, includes many former law enforcement officers who have an excellent understanding of “harsh” measures, as well as psychologists. Moreover, the techniques and ways to force debtors to pay are well developed.

Collection agencies are commercial organizations and their ultimate goal is to make more profit. It is no longer a secret to anyone that achieving this goal, unfortunately, does not always happen through legal means. I have already talked about some of them.

Debt collectors will work long and hard with the debtor to collect the debt. That is why it is very advisable to prepare for such communication in advance. And today, especially for this purpose, I decided to make a short instruction for you, what rights do debt collectors have and how should you respond to their actions?

1. Are the demands of collectors legal?

The answer to this question is not discussed anywhere. However, according to Article 12 of the Federal Law “On Consumer Credit (Loan),” banks can transfer debts to other organizations, i.e. collectors. This is only possible if there is such a clause in the agreement with the bank. And now it is difficult to find an agreement where such a condition would not exist. The courts most often take the same position. So collectors still have the right to demand a debt from you. Another thing is what methods...

But, friends, you should still check your loan agreement. Did the bank screw up and not include such a clause in the text of the agreement? In this case, if the bank sold your debt to collectors, this would be a violation of bank secrecy on its part.

2. On what basis should I pay debt collectors?

It often happens that collectors start calling and demanding money from you. However, no documentary evidence that the bank sold them the debt was provided to you. Until you are notified in writing, you owe only the bank with which you entered into the loan agreement. And no one has the right to demand anything more from you! You don’t even have to talk to debt collectors until they provide you with supporting documents. Until then, pay using the same details, i.e. jar. Alternatively, get a certificate from the bank that you do not owe them anything, and just wait for the collectors to officially notify you that the right to claim your debt has been transferred.

3. In what ways can debt collectors contact me?

The answer to this question is in the law on consumer credit. Collectors can send you an SMS, call you on the phone, write you a letter by regular mail or email, and, of course, meet with you in person. The law does not specify the location of the meeting, so in principle they can take place anywhere. If debt collectors come to your home, you have every right not to let them into your apartment. Moreover, you may not open the door for them at all. Article 25 of the Constitution guarantees the inviolability of housing.

4. Is it necessary to record all conversations with debt collectors?

Definitely a must! If your debts have ended up with collectors, it’s time to study the instructions for your phone and find out how to turn on the call recording function. For personal meetings, it is better to purchase a voice recorder. Always warn the debt collector who calls you that you are recording the conversation. In this case, he is unlikely to use prohibited techniques. Well, if it does, you can prove it later.

5. What should I do if debt collectors call me?

The first thing you need to do is be sure to ask him to introduce himself. In fact, the collector is required to do this himself by law. Such an indication is in clause 5 of article 15 of the Federal Law “On consumer credit (loan)”. The collector must tell you his first and last name, the organization for which he works and the address where it is located. Also ask to dictate the telephone number of the collection company so that you can call back and check whether such a person works for this organization. It often happens that a new person will call you every time. This is their “good and evil investigator” technique. In this case, you can each time say the following phrase: “I am ready to communicate with you and do not refuse the conversation, but how can you prove to me that my debt has been transferred to your organization, that you work for it, provide me with your confirmation authority documents." In this case, you seem to force the collectors to play “in their own field.” And if you still remain confident at the same time, then it will be just great. In this way, you can still ensure that the collectors quickly sue you.

6. How to talk to debt collectors?

Do not under any circumstances make excuses to collectors or explain anything to them. It's just a waste of time. Believe me, they are least interested in your problems. They only want your money and that's it! Therefore, just confidently and calmly say that you are ready to negotiate, but you must be sure that they have the right to discuss your debts with you. No personal information. Talk to the people you need clearly, formally and confidently, and don’t let them make you angry. The collector’s task is to create unbearable living conditions for a person. So that life doesn't seem like honey. According to the law, they cannot do anything to you other than court proceedings. But it’s rare that collection agencies sue debtors.

7. When can debt collectors bother me?

According to the law on consumer credit, they CANNOT call you or disturb you in any way at night from 22 to 8 o'clock on weekdays and from 20 to 9 on weekends and holidays.

8. What should I do if collectors are rude and blackmail me?

This is their way of solving problems. If this happens over the phone, write everything down on the phone and without saying a word, just hang up. Likewise, when meeting in person, record all conversations. Or better yet, on a video camera. Often, during a personal meeting, a couple of “murderers” may stand nearby to intimidate. This is also a psychological technique. Meet in public or in front of witnesses. And everything will be ok.

9. Where can I complain about the actions of debt collectors?

If collectors threaten you or your family and friends, if they say that they will break all your windows, set fire to your car or apartment, write a statement to the police and prosecutor's office.

For any illegal actions on the part of collection agencies, you can write a statement to the National Association of Professional Collection Agencies (NAPCA). The purpose of this association is to help borrowers resist “black collectors”.

Rospotrebnadzor also actively helps fight debt collectors. They have long and irreconcilably spoken out against the existence of such organizations in general.

Alternatively, you can also write a complaint to the director of the collection company whose employees violated the law. This is the task of ordinary collectors - to extract money and receive their bonus; for them, all means are good. The director of the agency, after all, may not want problems from all sorts of authorities.

10. What should I do if debt collectors call me at work, bother my neighbors, write about me in the elevator and on the walls of the entrance?
This is, of course, not legal. But I’ll say right away that you can’t do anything in advance here. If this happens, write a complaint to Roskomnadzor about the disclosure of your personal data. Such actions are nothing more than an interference in your privacy. And this is already a violation of Article 23 of the Constitution of the Russian Federation. On this basis, also write a statement to the prosecutor's office.
11. Can I not communicate with debt collectors at all?
Of course you can. You can blacklist all collectors' phones and change your SIM card. Personal meetings can also be ignored. If debt collectors find a way to contact you, and most likely they will, just tell them that you will only communicate with them in court. As practice shows, collectors rarely sue debtors. So, maybe 3 years will expire. When the statute of limitations expires, you can forget about the debt. If they threaten you, write a statement to the prosecutor's office and the police about extortion.
12. Collectors threaten that they will take away my apartment for debts. Do they have such a right?
This is another psychological trick. Firstly, something can only be taken from you if the court makes such a decision. Secondly, the court decision will be executed by a bailiff. Collectors have nothing to do with it. You have no reason to worry. By the way, there is a list of property that cannot be taken away under any circumstances.
1) an apartment or house in which the debtor lives with his family, but if it is the only one;
2) the land under this single house;
3) your personal belongings and items;
4) some items and equipment, if you earn your living from them;
5) and even money and food, but only within the subsistence level.
13. I was approached by a company that promised to pay off debt collectors for 30% of the amount of my debt. Should I agree?
This is a typical sentence of the so-called. "debtor" On the website of the Central Bank of the Russian Federation there is an information letter on this matter, in which the Central Bank warns about scammers offering such services. Do not use the services of such companies under any circumstances. Get even more debt.
14. Is there a way to get rid of debts once and for all?
Yes, there is such a way. Since October 1, 2015, in Russia any debtor can declare himself bankrupt. This can be done if his income level does not allow him to pay off all his debts to everyone he owes. In this case, the debtor is insolvent. But this point will need to be proven in court. If overdue debts exceed 500 thousand rubles and there is nothing to pay them off, according to the law a person MUST file an application for declaring him bankrupt. And if he does not submit an application to the arbitration court, he will also be fined 1-3 thousand rubles.
So far, the practice of bankruptcies of individuals has not been worked out, or rather, it simply does not exist. According to some estimates, the cost of personal bankruptcy for the debtor will be up to 100 thousand rubles or more. That is, obviously not everyone will be able to afford it. In addition, there are some restrictions that will be imposed on the debtor after completing the debt relief procedure. I have already written a little about this.
15. Where can I get qualified legal assistance regarding relationships with collection companies?
If you feel that you yourself are not ready to engage in battle with collectors, seek help from their “antipodes” - anti-collectors. These are credit lawyers and lawyers who specialize in working with debts, banks and debt collectors. Consult with them and develop a strategy for your behavior. If the case does end up in court, they will competently help you prepare to protect your interests. Or you can instruct them to do it for you.

Increase your legal literacy in dealing with debt collectors and save your nerves and health!

That's all for today. I hope that the information you received today will be useful to you and help you solve your problems with overdue debts.

If you have any questions about repaying loans or difficulties with collectors and banks, leave your questions in the comments. I will be glad to help with advice.

Reading time: 6 minutes

"Good afternoon! You are concerned about a collection agency. When will the loan payments be made? - This is exactly the question that people who have problems with payment are afraid to hear.

If you don't repay the loan, sooner or later you will receive such a call. Therefore, even if such a problem has not affected you personally, it is better to be savvy about whether to negotiate over the phone with debt collectors and how to do it correctly. More about this, and more, we'll tell you in our article.

Collectors - who are they?

A collection agency is an intermediary between the debtor and the bank, to whom the bank “sells” the debtor’s loan. The collector's task is to pre-trial settle the debt between the bank and the borrower. The main goal of collectors don't intimidate a person who has a problem with payment, and to do so, for the loan to be repaid.

Banks enter into agency agreements with debt collectors for debts ranging from 25 to 200 thousand rubles. For large debts, the bank prefers to go to court.
Why doesn't the bank immediately sue? and transfers debts to collectors? The answer to this question is simple - after the debt is submitted to court, the contract is automatically terminated, accordingly, no penalties or late fees are charged.
What benefits the bank? — Receive repayment of the debt from the borrower, but delaying the term as much as possible and charging as many late fees as possible.

Collectors often exert psychological pressure, but do not have the goal of intimidating you. Their task, using NLP and psychological influence methods, is to make you understand - debt repayment is inevitable.

What do collection agency employees have the right to when calling?

First of all, it is necessary open a loan agreement, and carefully look to see if there is a clause in it, according to which the bank has the right transfer debt to third parties. If this clause is not in the agreement, the bank does not have the right to enter into an agency agreement with anyone or transfer debts. Debt collection can only be done through the court.

Despite the fact that collection agencies employ “tough nuts” and former employees of the Ministry of Internal Affairs, they have their own fears:

1. Collectors receive huge fines when they behave not following instructions or screaming.
Conclusion: First of all, turn on the voice recorder to record the conversation. Every word.

2. Collectors are afraid law- like a wild beast!
Conclusion: at the slightest pressure or accusation from an employee, immediately make it clear that you are aware of “Article 128.1 of the Criminal Code of the Russian Federation: Libel” and “Article 163 of the Criminal Code of the Russian Federation: Extortion.”

Remember the pain points of collectors!

In Russia, the activities of collection agencies are not regulated in any way by law, but this does not mean that they can do whatever they want.
Any actions and negotiations can be carried out only within the framework of the Civil Code of the Russian Federation.

Collectors do not have the right to call the debtor at night or on weekends. From what time and until what time do they have the right to do this? — Call times — on weekdays from 6 to 22.
They do not have the right to threaten or slander the debtor. For this they are responsible according to the Criminal Code and the Civil Code of the Russian Federation.
Collector has no right invade an apartment without the consent of the owner. The same applies to property. No one except bailiffs can seize property for debts.
Without a special license they They have no right to require you to provide any data, including telephone numbers, residential addresses, work, and so on.

If collectors go beyond their rights or make threats, you can file a lawsuit or seek the help of a credit lawyer.

If you are in debt on a loan, you should approach the issue as responsibly as possible and try to resolve the problem directly with the bank. If a compromise could not be found and the loan was transferred to collectors, then there are important points that you need to know before calling:

You are not required to answer phone calls or talk to debt collectors
You are not required to report why loan payments are delayed
You owe the bank, but not the collectors

Collector's call: procedure and conversation

According to research, debt collection agencies manage to persuade or force to repay a loan using various methods. every second
debtor. There is no need to be afraid, you need to accept it, and, if possible, keep the situation under your own control.

A call comes from an unknown number, you pick up the phone, and there is an agency representative on the other end. The first and most important thing is that
need to do - remain calm and reserved, record the date and time of the call.
Next, you need to inform the agent that you are producing conversation recording, and turn on the recorder. Recording will help if debt collectors overstep their bounds.
what is permitted, and you will have to defend yourself in court.
find out name of the agency, full name of the person on the other end of the line - you have every right to do so.
Show a minimum of emotion and let them know that you are aware of your debt and will try to pay it off. Specify the amount that is required from you and
check it with your data.
When asked to borrow money from friends, respond with a decisive refusal. Someday you will pay off the debt yourself anyway, don’t
involve outsiders here.
If they start threatening you with a “mobile team”, inform them that you are aware that they do not have the right to do this, and call the police.

Your task is to let the collectors know that you don't be afraid of their influence, and are legally savvy at least in their basic rights. All employees
ordinary people, just some of them have the skills of psychological persuasion, and the second part are former employees of security agencies and law enforcement agencies. They will clearly understand that they cannot take you with their bare hands and will try to find a compromise.

Almost every person who has taken out a loan can return the insurance part - read.

If you are planning to take out a car on credit, then do not forget that this can be done without resorting to the services of banks.

Stay up to date with financial market news and plan for the possibility of repaying the loan depending on.

Illegal actions and threats: where to go?

Be careful, because often under the guise of a collection agency scammers are working. It is they who resort to violation of the Law, threats and illegal actions in order to intimidate the debtor as much as possible, obtain money or property, and escape.

If you are faced with threats, you can Feel free to contact the police.
If it doesn’t come to the point of threats, but there is an aggressive psychological influence aimed at collecting the debt as quickly as possible, and the collectors refuse to give their full name and the name of the agency, the correct thing to do is immediately call the bank, who issued the debt, and clarify to which agency the debt was transferred.
It is possible that the bank did not transfer the debt, and there are scammers on the other end of the line. In this case, you can also contact the police.
If debt collectors come to your home, you can call the police and report that you feel a threat to your life and health. Record everything that happens on camera.

Be decisive and calm. And remember that debt repayment is inevitable. But debt to a bank is not a criminal offense; they cannot be prosecuted for it.

In conclusion, watch and listen carefully to the video, which gives clear recommendations on how to talk to debt collectors from an experienced lawyer.

Well, first of all, of your own free will, you don’t need to bring the situation to the stage of a collector and always maintain strict personal financial discipline

Here are some practical tips.

1. If a debt collector calls, you must first find out on what basis he is bothering the borrower.
Is there an agreement between the bank and the agency for the transfer of debt to work?

This information can be obtained from the bank or you can request supporting documents from the agency itself.
We advise you to do this in order not to fall for the bait of “black collectors” (they will be discussed below).

A citizen has the right to verify that it is really a collection agency employee calling him.

The collector must be asked for the full name of the agency, his last name and first name, as well as on what basis the agency works with the bank.
It would be useful to clarify whether the details for repaying loan debt have changed

You need to find out information about the agency and the employee in order to understand who to file a complaint against if necessary.

2. It is necessary to find out the exact amount of mortgage and whether it is calculated correctly.
To do this, the client needs to request a bank statement and details of the personal account.

And then, having picked up the agreement with the bank, try to calculate the amount of debt with your own hands.

3. The main question is how to talk to an agency employee?

When communicating with a debt collector, you should not panic and enter into conflict. Constructive dialogue must be had from the very beginning.

Believe me, the collection agency employee is not in the mood to “put pressure” on the debtor.
He needs to return the money to his client (that is, the bank), and he is initially ready to compromise.

We need to help him. The borrower and the collector can draw up an optimal repayment schedule.
The collector will agree to have the citizen deduct 1000 rubles from his salary, and will not demand to pay the entire amount tomorrow.

There are a few little tricks when dealing with a debt collector. Firstly, the borrower should immediately be invited to contact him
by name (not by first and patronymic)
This will allow you to establish a more trusting relationship. Secondly, when communicating, you should ask for a personal meeting with the collector.

As practice shows, in some cases personal contact helps to resolve issues that the borrower, for example, does not want
decide by phone. A person may simply be psychologically uncomfortable talking about his debts in front of colleagues or with his family.

Unfortunately, in practice, everything works exactly the opposite.
Bank clients do not make contact, informing the employee that they will communicate with a bank representative.

Or they simply try to add the phone numbers from which calls are received to the “black list”.
This is understandable: psychologically it is easier not to talk about your problems.

But this is a wrong strategy.

The bank will no longer communicate with its borrower - it has hired a collector for this.
Therefore, “sending” employees of a collection agency only means delaying the solution to the problem.
And increase the amount of debt: after all, interest and penalties continue to accrue while the debtor runs away from the collector.

4. If the debtor has no money, then you still shouldn’t hide from collectors and ignore calls

Collectors understand that everyone has their own life situation.
And they strive to find an individual approach to each debtor. Not out of the kindness of my heart, but because this way there is a greater chance of getting my money back.

Therefore, you should not contact the bank for a deferment. It's just a waste of time.

It is necessary to explain the situation to the collector and provide documents confirming that the debtor cannot yet pay
(for example, a certificate from the labor exchange). The collector, having verified this, will grant a deferment.

5. What to do if the matter has gone too far and the collectors, without reaching the borrower by phone, come to visit?

How to behave? Firstly, you must ask to see documents confirming that the guest is indeed an employee
agency and has the right to represent the interests of the bank (he must have a power of attorney from the bank)

The agency employee is obliged to do this.

Whether to let him into the house or conduct a conversation through the door is up to the borrower to decide.
Nothing bad will happen if you invite an agency employee to come in.

The collector did not come to torture, but to establish personal contact and negotiate.
Therefore, you need to talk to him and ask for advice: how can you pay off the debt?

6. All these tips work if an employee of a legal collection agency comes to you
But so-called black collectors are still operating on the market.

There are few of them, banks hardly give them orders, but they still exist. What kind of companies are these?

“Black collectors” are just a few individuals
(they don't even register the company) who buy debts from small banks
They call borrowers or come to them and, using the method of psychological pressure,
collect debt.

Such people do everything to bring a person to a state of stress.

This is necessary so that the borrower does not ask them for documents confirming their authority
to collect a debt for a specific bank

They need the citizen to think only about the speedy repayment of the debt and the consequences of non-payment

And in case of a question about documents from the client, they act on the principle “if there is a debt, pay,
and there is no need to ask unnecessary questions.”

You can give an example of the work of such bouncers.

One borrower has a debt with the bank.

The case was transferred to the agency, which, as it turned out, was one of those same “black collectors”.

A man decided to sell his personal car. “Black collectors” offered to help him in this matter.

They found a buyer for the car (a figurehead), re-registered the car to the new owner and reported that the money
received from the sale of the car, they transferred to the bank. The borrower agreed to everything.

Naturally, the money did not reach the bank. The borrower was left without a car, without money and still with the same debt.

One more example.

It happens that “black collectors” demand repayment of debt to the bank using the details that they provide
to the borrower (and not those provided when concluding an agreement with the bank). Money comes into their account and disappears.

What's the conclusion?
Be sure to ask employees to provide documents confirming their authority.

If you receive threats, contact the bank on whose behalf the collector is working.
If this does not help and threats continue to come, you need to file a complaint with the police.

If law enforcement agencies do not respond to a complaint, it is necessary to act more decisively:
write a statement to the prosecutor's office and file a lawsuit.

Collection companies created to demand repayment of debts from a troubled borrower who has fallen behind on payments on a loan to a bank or other credit institution or has stopped repaying his debt altogether. Collectors show up at your home uninvited and are often quite impudent and rude. How to behave when meeting with employees of a collection agency, what can you say, how to respond so as not to harm yourself?

To communicate or not to communicate with a debt collector?

The direct dependence of collectors’ income on the amount of debts collected requires them to improve their skills and come up with new ways to collect debts. At the same time, new forms of working with debtors are not always correct. And many citizens who communicate with them often have to complain about the work of these individuals. You need to know that each of us has a choice whether to communicate with debt collectors or not. If you do not want to kill your health, it is better to refuse communication with them and do not make contact. If you want to resolve the issue with your ill-fated loan, it will be better if you find an acceptable way out of the situation together with them.

If the case goes to court, the lawyer’s advice below will help and tell you how to properly deal with debt collectors.

You should not have any fear of debt collectors. Before you start speaking, you need to take control of your emotions and act calmly. Request the collector to state his name and position, show an identification document confirming the authority granted to him to collect the loan debt from you. The collector is obliged to present to the borrower all the necessary documents, including the original of the assignment agreement, which assigned the rights to claim the debt. If at least one document is not presented to you, there should be no conversation. You need to stop communication immediately, since most experienced debt collectors can psychologically influence the borrower, thereby forcing him to defend himself or retreat.
If the representative of the collection agency immediately began to behave politely and calmly convey the essence of the issue to the borrower, listen to him silently. Be attentive to his every word. If you have any questions, don't hesitate to ask them. If there is no original document granting the debt collector the right to collect the debt, the borrower has the right to consider his demands extortion.
If the bank sold the borrower's debt to a collection company, it should have warned him about it. If the borrower is not familiar with this document, the transaction between the bank and the collection company is considered illegal and the presence on the threshold of your home of a person who has nothing to do with the bank is illegal. There is no need to open the door and communicate with such a visitor.
If the collector has shown absolutely all the documents with the original power of attorney, take the trouble to find out from him whether he has the authority to perform the actions that he has already begun to perform or whether he plans to do so. This means that the borrower who is approached by the collector must carefully read the documents provided and compare the actions of the collector with what is written in the power of attorney. For example, he demands that all household appliances be prepared, which he must seize to pay off the debt. Remember, the collector has no right to describe, seize or carry out any other actions with the debtor’s property. This is the prerogative of bailiffs, who can only do this by court order.

Demand from the collector an explanation of which clause of the power of attorney he refers to when making unauthorized demands. If this clause does not exist, and it cannot exist in principle, do not obey its requirements. If he insists, call the police and invite witnesses.

An important point when communicating with a collector is to record what is happening. A video camera, a camera, a voice recorder, or a mobile phone with photo and video recording capabilities are suitable for this. It would be a good idea to invite witnesses from the very beginning of the conversation. Show the debt collector when you meet that you know the laws and your rights. Warn him that you are recording the conversation, and in case of illegal actions, the recordings will be handed over to the prosecutor's office. Watch your composure; no threats should be made on your part. Try to speak calmly, behave correctly, do not allow yourself to shout, be rude or insult. This can be used against you.
Communication with collectors should not be conducted by the borrower in an exculpatory manner. Under no circumstances should you cry unless you can withstand the pressure and rude behavior of the claimant. Collectors do not have special rights to collect debts, since they do not belong to law enforcement agencies.

Representatives of collection agencies can behave impudently and unbridledly, using various methods of psychological influence, because they are confident that the population does not know their rights and does not have legal literacy. They are often right about this, their manipulations and pressure do their job, and many borrowers fall for these tricks. Therefore, you need to know the laws and use them in dealing with debt collectors.

If the conversation with the collector from the very beginning went in a negative way, threats, accusations, insults, humiliation, attempts to disgrace come from the collector’s lips, dial the police number, call the police, write a statement against the collector.

Tips on how to behave with a collector during such a conversation: do not follow the collector’s lead, do not support his manner of communication if it is rude.

The ruder the collector behaves, the calmer the debtor needs to communicate with him and the more confident he should behave.

Do not sign any documents under any circumstances. Whatever the document, tell the debt collector that you need to hear legal advice on this matter.

How to talk to debt collectors and not pay your loan

The Constitution of the Russian Federation contains the concept of privacy. Even if a person has debts, all the rights of a citizen of the country continue to apply to him. Every person has the right not to allow strangers into his home. We need to use this right. If a citizen does not carry out illegal actions, and there is no court decision to collect the debtor’s property in favor of a bank or collection company, there is no need to allow a collector into your home.

There are cases when debt collectors come under the guise of bailiffs with fake IDs. No need to rush to the door quickly. If possible, go to the official website of the bailiffs and check whether a court case has been filed against you.

We hope that these tips will help you correctly and confidently build your relationship with representatives of the collection company.

Many have heard about these arrogant and unprincipled people - debt collectors. And some even encountered them personally. But how to deal with collectors if they constantly bother you with calls and visits?

Most often, collectors come into play when a citizen-borrower has a debt on a bank loan. Suddenly you receive letters not from the bank, but from a third-party organization, which claims that the debt has been purchased by it and now you must pay it, and not the bank. Regular threatening calls begin. Perhaps even visits to your home or work. These people behave defiantly and brazenly. In order to fight back, you need to know how to deal with debt collectors.

Let's look at the first situation. You receive a letter in which the collection agency demands that you transfer money to it, since the debt from the bank has been purchased. The main rule is not to transfer any money.

Firstly, you have not seen the agreement for assignment of the right of claim. He is never sent with such letters. In this case, your bank will most likely remain silent - you will not receive any letters from it either. Where is the guarantee that when you pay the collectors, you won’t have to pay again - this time to the bank? History knows such cases when it turned out that there was no legal redemption of debt.

Secondly, changing the creditor without your consent in this case is illegal. That is, completely, completely illegal.

In this case, clause 2 of Article 388 of the Civil Code of the Russian Federation applies. According to the provisions of this paragraph, if the identity of the creditor is important for the debtor, then without the consent of the latter it is prohibited to assign claims to another person. When concluding a loan agreement, you wanted to conclude it with the bank. And with a specific bank. Therefore, the identity of the creditor in the case under consideration is important.

In addition, there is such a thing as “bank secrecy”. This means that the bank does not have the right to disclose information about your account, deposit, account transactions, and, most importantly, about you. The issue is regulated by Article 857 of the Civil Code of the Russian Federation, as well as Article 26 of the Federal Law of December 2, 1990 No. 395-1 “On Banks and Banking Activities”. By transferring information about you to collectors, that is, third parties, the bank violated banking secrecy.

If you receive such a letter, do not be lazy to write a competent response to it. First, request a copy of the assignment agreement certified by the bank. Secondly, refer to the above standards and write that you are ready to pay only to the bank.

If a collector calls

The first thing you should know is that you are not required to introduce yourself or voice your personal information. On the contrary, the collector must introduce himself, name his place of work, his address, say where he got your personal data from, and so on. Simply state that without this information you will not talk to him.

If the collector has named everything that interests you, your conversation will be short: without an agreement on the assignment of rights, without details and statements of your account, without calculating the debt, you will not pay anything. If you suddenly receive such calculations, express disagreement with them and suggest going to court to resolve the dispute.

If they keep calling again and again, then remind the collector that there is such an article in the Criminal Code of the Russian Federation, called “Extortion.” There is also criminal liability for threats to kill or cause grievous bodily harm - this is in case the debt collector goes so far as to make such threats.

As soon as you realize that a debt collector is calling, record the conversation. On most mobile phones this is not a problem. Warn your interlocutor about this.

If the collectors are really annoying, then change your phone number. In most cases, debt collectors will not be able to figure out your new number. You can ask in advance to send all claims by mail.

If a debt collector comes to your home

A collector is not a law enforcement officer. He has no special powers at all. He is a person just like you. Therefore, you are not obligated to open the door for him or talk to him. If something happens, remind him of the criminal liability for illegal entry into a home. If you decide to open the door and talk, ask for the documents mentioned above. Don't sign anything (unless it's a debt reduction agreement).

Collectors often threaten criminal prosecution. Most often - under the article for fraud. However, this is nonsense. Fraud is evident only if the borrower did not initially intend to repay the loan. And it is very difficult to install. If you have 10 loans for which you do not pay, then initiating a criminal case is still possible, since a certain system of actions by the borrower is visible. And if this is the only loan for which you do not pay due to a deterioration in your financial condition, there is no fraud in your actions.

There is also an article providing for criminal liability for malicious evasion of debt repayment. But it is possible to initiate a case when the court has already made a decision to collect money from you. In addition, to constitute a crime, a large amount of debt is required - more than one million rubles. Therefore, the threats of collectors are often empty.