How to deal with collectors if you are a debtor? What to do and what are the ways to deal with collectors

Hello, I came across a situation unfamiliar to me before that. I had several small loans, where I closed some of them. BUT, as it turned out, I did not officially close, that is, I did not receive official confirmation of the loan repayment (I forgot). Now I get acquainted with collectors ((. Tell me, who are they, how to deal with collectors, if I am a debtor, and what effective ways to deal with them exist? Thanks.

Marina, 35 years old, Moscow

Hello, let's get right to the answer. Collectors are specially trained people who assist financial organizations in the event of problems with debtors.

1. The fight against collectors: what rights and obligations do they have

To date, the powers of collectors are strictly regulated in the administrative and criminal codes of the Russian Federation.

Specialists have the right to perform the following actions:

• a reminder to the borrower about the need to repay the debt;
• ways of considering, together with the debtor, methods of closing and early repayment of the loan.

Collectors can not call friends and relatives of the borrower. These actions may be regarded as disclosure of personal data.

For causing harm to the health or property of the debtor, intimidation - collectors will be held criminally liable.

Perhaps useful materials:

"Where to borrow money without checking credit history

How to borrow money from a private person’s receipt "

The main responsibilities of specialists:

1. a thorough study of the borrower's credit history (We also recommend that you read the article - “How to find out your credit history”);
2. consideration of options for resolving the situation;
3. debt restructuring and other ways of repaying a loan.

In most cases, borrowers and their families have to deal with misconduct. Very often, collectors resort to methods such as rendering psychological pressure, threats, blackmail. In such cases it is necessary seek help from law enforcement.

When communicating with customers, specialists must observe correctness and courtesy. If threats arise, you should immediately contact a judicial institution.

Before filing a complaint, make sure that the collectors have the following documents:

• service agreement (between collectors and a financial institution);
• a document that allows for restructuring and other operations with debt.

These documents allow collectors to call the client, write messages, and also visit the borrower's apartment or schedule appointments.

Note!According to the Federal Law No. 230 of July 3, 2016, Clause 3, Article 7, personal meetings are allowed in the period from 8 a.m. to 10 p.m. and with 9.00 to 20.00 hours in workers and days off respectively. And not more than once a week.

In the event that the debtor does not make contact, specialists have the full right to the following actions:

1. filing a complaint with a judicial organization;
2. the opportunity to attend and participate in court hearings;
3. receipt of documents after the trial;
4. use the decision of the judicial organization to pay off the debt.

2. How to deal with collectors if you are a debtor and what to do in case of threats from their side

Before filing an appeal, document the presence of threats (for example, in electronic or writing).

It is necessary to record telephone calls from collectors to the recorder. You should also take a voice recorder with you when meeting with specialists.

It is also worthwhile to carefully study all the documents that are available to the collectors, check them for authenticity.

Specialists must provide the client with the following documents for review:

• an agreement indicating the possibility of transfer of ownership to a third party;
• personal identification card;
• Documents confirming that this employee works in a collection agency.

It must be remembered that collectors They have no right to visit the client’s apartment without warning and consent of the borrower.

3. Where to go for help

In the presence of threats, damage to health and property need to contact law enforcement.

An application should be submitted stating the following information:

1. full name of the organization;
2. initials of the applicant;
3. a detailed description of the situation (preferably with the provision of physical evidence);
4. phone number;
5. residence address;
6. request for holding collectors accountable;
7. date and signature of the applicant.

After submitting the application, law enforcement agencies begin to consider and make a decision.

We hope that we were able to answer the question “How to deal with collectors” and of course we wish not to get into a debt situation.

If you still have any questions, ask them in the comments below. See you on the pages of RichPro.ru magazine!

Watch the video: What to Say, and Not Say, to a Debt Collector (December 2024).