Who are collectors? Collectors ─ who are they? Myths and reality All about collectors.

You are making your loan payments in arrears or have stopped making payments altogether. Surely you have good reasons for this. But the bank is not always ready to take them into account, so you soon risk finding yourself face to face with a professional debt collector. The site will tell you who the collectors are and give their recommendations on how to communicate with them.

Who are collectors

A certain stereotypical fear of debt collectors is largely associated with the memory of the dashing 90s, when the popular methods of collecting debts were an iron and a soldering iron.

Those times seemed to have sunk into oblivion. Today's collectors are not highway bandits, but employees of reputable agencies with sonorous names. They emphasize in every possible way that they work exclusively within the framework of current legislation. Professional associations and even the “Code of Honest Collectors” have been created. But not everything is so good. The collectors' goals remain the same: everyone possible ways and to the maximum short term“shake” money out of the debtor.

Unfortunately, the absence of a law on collection activities makes it possible to use not only civilized methods of debt collection, but also techniques that are borderline foul - intimidation, threats, blackmail, interference in private life.

Most borrowers have no idea how and by what principles collection agencies operate, how legal their activities are, what they train their employees, and what they can do. Meanwhile, it is possible and necessary to negotiate with honest collectors, and it is possible and necessary to find justice for the “bouncers” - the so-called “black collectors”.

A collection agency is a commercial entity (usually an LLC or CJSC) whose business is to provide paid services for the collection of overdue debts, as well as the purchase of “debt portfolios”. No collection agency has the rights of a prosecutor's office or a judicial authority.

What rights do collectors have?

First, let's look at the rights of collectors. From a legal point of view, debt collectors have exactly two such rights:

1. Notify the debtor of the existence of an overdue debt and its amount (including penalties and fines).
2. File a lawsuit - if the bank has authorized them to do so (on the basis agency agreement), or completely assigned the rights to the overdue debt (in other words, sold your debt).

But in fairness, we note that there are very few direct legislative prohibitions and restrictions on the actions of debt collectors. Therefore, the borrower’s main weapon is knowledge of his own rights. What are they?

• Civil legal relations between you and the collector are based on the assignment of the right of claim. According to Part 1 of Article 385 Civil Code, the debtor has the right not to fulfill the obligation to the new creditor until he is provided with evidence of the transfer of the claim to this person.
• There is a deadline for claiming overdue loans limitation period- three years. If it expired before the collectors contacted you, their claims are not legally binding.
• You must pay off your debt only to the creditor bank, and there you will receive documents confirming each completed payment. Even if your debt has been transferred to a third party, payments should be made through the bank. Do not, under any circumstances, hand over cash to collectors, no matter who they may be!
• You are not required to sell your property to pay off a debt at the request of a debt collector, and debt collectors do not have the right to seize your belongings. Such a procedure is possible only by court decision, and is carried out only by bailiffs.
• You have the right not to answer telephone calls from debt collectors and not to open the door for them.

To date, no federal law regulating collection activities has been adopted - there is only a draft law “On activities for collecting overdue debts”, which is being developed by the Ministry of Economic Development of the Russian Federation. July 2, 2012 at the plenum Supreme Court Russia adopted a resolution “On the consideration by courts of civil cases in disputes regarding the protection of consumer rights.” It states that a credit institution cannot transfer the right of claim on citizens' loans to persons without a banking license if the borrower did not agree to this when signing the agreement. De facto, most banks have long been prudently including loan agreement a clause on the possibility of transferring overdue debt to third parties - now all banks without exception will do this.

How to communicate with a debt agent

First, and perhaps most importantly, remain calm. If your knees are weak from fear, sit down. Take a few deep breaths: it will become easier, your voice will sound more confident. Take a comfortable position. Place a pen or notepad in front of you. Now you are ready to talk.

First of all, ask the employee calling you to fully introduce himself (often representatives collection agencies They report only the first and patronymic names, without the last name), name the position. Also write down the agency's contact information. After that, you can safely hang up: you have done enough for the first conversation.

Be sure to call back the phone number you were given and check the information provided.

The next call is to the bank. Ask to confirm that your debt has been transferred to these collectors for collection. And now attention: at this stage you have a chance to correct the situation. Describe your jar financial position, reasons for delays, ask to restructure the debt. Often banks come to an agreement: they sign a new contract with you and provide an installment plan of three to six months. After signing the restructuring agreement, the bank withdraws your case from the collection agency.

If this move worked, calmly explain to the next calls from collectors that you have reached an agreement with the bank. You can ignore threatening SMS messages like “Pay the debt, otherwise you will be sued.”

In an unfavorable scenario (the bank refused the agreement with you, or informed that all rights to your debt now fully belong to a third party), communication with collectors, alas, will continue. Continue to remain calm in future negotiations. Don't dispute the debt, it's useless. But don't rush to share confidential information, including the availability of property or a bank account. Do not disclose information about close relatives, do not answer personal questions (“Your wife’s name is Katerina, isn’t it?”). Don't be rude in response - calmly ask to return to discussing the debt and ways to pay it off.

Don't beg for a delay - it will only increase the pressure on you. Instead, referring to Articles 385 and 389 of the Civil Code, ask for a full package of documents confirming the rights of the new creditor and his powers - in particular, a copy of the agency agreement, a copy of the assignment agreement, a power of attorney issued to the specialist who is negotiating and has access to your personal data, etc.

As a result, you will, firstly, gain time, which is so important for the debtor, and secondly, you will demonstrate your legal literacy and ability to withstand psychological pressure.

In further conversations, put the problem at the center of the discussion: you have a debt, you do not dispute it, you intend to pay it back, but you are in a difficult financial situation. Collection agencies employ lawyers who, just like bank employees, can offer you both installment plans and a competent debt repayment scheme.

How to deal with them if you are threatened

Unfortunately, it is not always possible to build a dialogue with collectors in a civilized manner. Therefore, you cannot discount the fact that overly zealous debt collectors will begin to shower you with insults or threats.

Threats and insults from debt collectors are a violation of the law and entail administrative and criminal liability.

If you are threatened, first of all try to record the fact of direct threats (for example, by recording a telephone conversation with a voice recorder). Then file a police report. They must accept it and begin checking to identify the attackers. Please note that the transfer of the recording device to the investigator must be documented in a seizure document, and the recording itself cannot be converted to another format.

If you were unable to make a recording, write a statement anyway: the police will collect evidence, including based on witness statements. You can send a copy of the application to the collection agency.

But usually even a message that the conversation will be recorded is enough to stop the threats. Knowledge relevant articles The criminal code will also help: thus, insult falls under article 130, threat of physical violence - under article 119, and a demand to sell your property or give cash - under article 169 (extortion).

Anti-collectors - who are they?

As you know, there is no trick against crowbar... unless there is another crowbar. On the market financial services Not only collectors, but also anti-collectors operate.

Of course, these are not wizards in a blue helicopter who will teach you how to run away from debt. Real anti-collectors - professional lawyers who have significant experience in pre-trial resolution of problems with outstanding debts. The coolest “bisons” also have a long life arbitrage practice on matters of this kind.

The least they can do is take over negotiations with debt collectors and save your nerves, as well as explain how not to do what you are illegally forced to do. But apply for legal protection worth it in advance, as soon as you feel a threat to your solvency, and not when the furniture is about to be taken out of your house...

Instead of an epilogue

Protecting your rights and malicious evasion of fulfillment credit obligations- not the same thing.

Both the bank and the collectors have the right to demand repayment of the debt from you.

Hiding in the hope that the problem will “resolve” on its own is a very bad tactic. There is a way out of even the most difficult financial situation. To optimally solve the problem, it is only important to competently build a dialogue with creditors and not pay more than you actually owe.

Anastasia Ivelich, expert editor

14.01.16 258 414 0

And why is it so difficult with them?

We might get fired.

All banks use the services of debt collectors, but they don’t like to talk about it. Writing an article about debt collectors in a bank magazine is like discussing the terms of a divorce on your wedding night.

Sasha Volkova

editor, economist

Banks pretend that collectors are not about them. Any lawyer, PR specialist or marketer will advise you not to touch this topic at all. But we'll take the risk.

Today Tinkoff magazine will start a conversation about collectors. Our lawyers, PR people and marketers are against it. Perhaps after this article we will be fired, but we will tell you everything about collectors as it is. Thank you for being with us.

It's not that bad

You will be surprised, but communicating with the collector is useful. Previously, essentially bandits came to debtors and it was scary. Now the collector calls debtors and it is safe. The collector does not pose a threat, this is enshrined in the law. All problems with debt collectors are due to panic and ignorance of your rights.

Moreover, the debt collector can help you pay off your debt. How to achieve this is in today’s article, but first, the hardware.

Why is the collector so intrusive?

Collectors are like fighting dogs: if they grab hold of you, they won’t let go. Suppose you owe the bank 1,500 rubles for servicing a credit card - it seems like a small amount of money. You put off payment once, twice, three times, and on the fifth time they start calling you. The amount is small, but the collector will still nag you. It seems illogical, but there is a reason for this obsession.

Some debtors behave like children. They say: “I’ll pay tomorrow” - but they don’t have the money to pay either tomorrow or in a month. They have fallen into a credit hole and don’t know how to get out. But instead of making up financial plan, they repeat the mantra “I will pay tomorrow.” In order to discuss real problems with such a debtor, the collector needs to squeeze a confession out of him. On the hundredth call, the debtor cannot stand it and blurts out: “I was fired from my job, and I don’t know how to pay you.” Then a real useful adult conversation will begin.

When a debt collector calls you, he doesn't know you're different. He assumes the worst and tries to force a confession out of you. To prevent the collector from treating you like a child, immediately describe your situation to him and give him a realistic deadline: “I went to the country, there are no ATMs or terminals here. I’ll be back in town on Friday, I’ll pay on Saturday.” He won't bother you until Saturday. But if you promised to pay and didn't pay, the debt collector will no longer believe you.

The collectors' motto is “Everyone lies.”

Why do debt collectors worry about small amounts?

Let's say you are late with a payment by a small amount - 1,500 rubles. It seems that such a debt will not make the bank poorer. But the collectors are persecuting you as if it were a crime: they call you, put pressure on you, threaten you with legal action. There is a reason for this too.

1500 rubles is a small amount. But 70-80% of all debts are amounts up to 3,000 rubles, together they amount to multimillion-dollar losses for the bank. One bad mortgage debt is not as bad for a bank as thousands of small delinquencies. Therefore, the bank decides to demand any amount from debtors equally strictly. He passes this setting on to the collectors, and the collectors with this setting call you. For them, your minor delay is no better than a debt of hundreds of thousands of rubles.

To understand the scale of the problem, imagine: now in Russia about 40 million people are paying off their loans. This is half economically active population countries. Of these, more than 5 million are late in payments. total amount overdue - 10.6 trillion rubles.

If 1,500 rubles is a small amount for you, then it will not be difficult to pay it. Ask the collector where the nearest bank branch or terminal is, pay, and they won’t bother you anymore.

There are no small delays for a collector.

If it's not your fault

You may end up on the list of debtors by mistake. For example, you have already paid off the loan, but due to a failure in the system, debt collectors continue to call. Or to you home phone they are calling because the previous owner of the apartment left this number to the bank. Alas, the collector will not accept your position, because he acts strictly according to the instructions. It says on the screen that you are a debtor. As long as it is written on the screen, he will not leave behind.

It's unfair for you to be harassed for no reason, but discussing it with the debt collector is useless. The collector works according to a script - instructions that regulate any situation. The script was invented to ensure that the collector always remains impartial and does not go beyond the law. If the debtor says he doesn't owe anything, the debt collector shouldn't believe him. Its' his job.

If debt collectors are bothering you unnecessarily, contact your bank. Tell us about the situation, ask to be removed from the collection lists. Bank employees, unlike external collectors, are authorized to solve such problems. You may be asked to confirm what you have said with documents - for example, to present a certificate of purchase of an apartment.

Don't argue with the debt collector, argue with the bank.

What types of debts are there?

Collectors divide debts into two types: random delinquencies and credit pyramids.

Occasional delays appear if the borrower slightly fell short of the budget - for example, he spent too much on a vacation. Such debtors retain no more than 3,000 rubles for several days. In such a situation, the collector works as a living reminder: don’t forget, don’t forget, don’t forget.

Credit pyramids are a difficult situation. It occurs if a person has taken out more loans than he can pay. To cover payments on old loans, he takes out new ones. The overall loan base is growing, the rate for each new loan ever higher. Any unexpected waste and the pyramid crumbles. Such debtors need restructuring; here the collector works as a financial consultant.

There is a third type - those who refuse to pay the debt with full responsibility. The debtor states that he will not pay the loan because the banks are run by swindlers, reptilians or masons. Here the collector is powerless, the case will be sent to court.

Bandits

In the 90s financial institutions they worked poorly in the country: banks were just learning to give loans, the state did not know how to collect debts. Therefore, people performed these functions independently. Bandits were engaged in debt collection. They did not have any powers, so they used improvised means and household appliances to persuade.

Now such methods are used only by semi-legal organizations - we call them black lenders, but they call themselves whatever you want, even “Supertrust-White-Honest-Investment Bank”. Black lenders give money without documents, guarantors and unnecessary questions. Financially illiterate people or those who have been turned down by banks turn to them. And in a few months, a client of such an organization may see a “brigade from the nineties” on his doorstep.

Even though black lenders operate on the edge of the law, they do not want to break it. Therefore, most often the bandits they send do not use violence, but use blackmail and threats. If you saw a dramatic story on TV about how debtors were threatened with death, you saw the threats of precisely such semi-gangster teams. They have nothing to do with licensed banks. Such lawless people need to be put in prison, and not hidden from them by relatives.

If you receive death threats, then you are dealing with a bandit. Don't let him into the house, don't sign any papers. Contact the police, the law is on your side.

A debt collector can't just walk into your home and take away your valuables - that's robbery. The debt collector cannot threaten you and your loved ones. But there is a nuance here: it is important to distinguish between a threat and a warning.

Pay up or we'll break your ribs

Warning

For each day of delay we charge penalties

We will meet your daughter from school

Warning

We will call every day until you pay

Your son will not be able to go to school

Warning

If you don't pay, we will go to court

We will make your husband disabled

Warning

For debts, the court can describe your property

We will disgrace you - you will be ashamed to leave the house

Warning

For debts, the court can evict you from your apartment

A threat is a promise of unlawful reprisal; a warning is a reminder of legal consequences. If you are threatened, contact the police. If they warn you, don’t panic and discuss with the debt collector how to avoid these measures.

Gray firms take advantage of people's legal illiteracy and organize bandit attacks under the guise of a collection. They cleverly draw up an agreement, issue a loan at 900-1200% per annum, and after a few months they send bouncers to the debtor. Such companies do not just want to get your money with a small percentage - they want you to give away your savings, apartments, cars and dachas. These offices have nothing to do with the banks that issue loans. We will tell you how to identify such crooks in one of the future articles (if we are not fired).

Bandits are a thing of the past. If you are threatened, call the police.

Collectors

Large banks operate their business in a fundamentally different way: they need the borrower to take money and return it on time. Therefore, before issuing a loan, banks check your solvency and credit history. They don’t want to send anyone to you; collection is a last resort for them.

If good borrower cannot pay the debt, which means something unexpected happened. It is not profitable for the bank to intimidate him - the loss of reputation will cost more. To get their money, the bank must help the borrower cope with the debt. Help - the main task normal collector.

The collector acts strictly according to the law “On consumer credit" He has the right:

• meet you in person,
• call, send SMS or voice message,
• write to you by mail,
• send a message by telegraph.

The collector must fully introduce himself, state his position and the address of the agency. He can only disturb you from 8:00 to 22:00 on weekdays and from 9:00 to 20:00 on weekends. In the evenings and early mornings, the collector has no right to call or come to your home. Can call no more than once a day, twice a week and eight times a month. Released July 3, 2016 law on collectors, which states what the collector can do and what will happen if he breaks the law.

The collector is interested in you paying off the debt. But the worse you make contact, the more stringent measures he takes, although within the framework of the law. If you want to deal with a polite and kind debt collector, pick up the phone and start the conversation politely. He will be able to help if you structure the conversation correctly. How to do this is in one of the following articles.

The word “collector”, which frightens many of our fellow citizens, translated from English means “collector”. In this case, a person collecting debts. And to be even more precise, he collects from those who, for various reasons, are not particularly eager to return the borrowed money. There are many myths and scary stories around this profession, but last years This area of ​​activity is becoming more and more civilized and understandable. Let's talk about what types of debt collectors there are, what rights they have, and also about how to become a debt collector.

Collector- this is a person who, within the framework of the law, collects debts or conducts negotiations between the bank and the debtor in order to repay loans and other debts.

Both one person and an organization (collection agency) can collect debts on a professional basis, and the second option is more common. The reason is that it is difficult to take and reclaim them from a person who, for whatever reason, does not want to give them back. For this purpose, special psychological (and sometimes physical) technologies have been invented, which are more convenient to use not alone, but with the help of appropriate specialists. Psychologists, analysts, and finally, the threatening type of “power support groups.”

This, by the way, does not mean at all that the main task of the debt collector is to intimidate the debtor. Most often, banks and other organizations (insurers, utility companies, etc.) sell bad debts incurred by people who have neither property nor sufficient income to collection agencies. It is possible to give such a debtor a heart attack, but there will be no real monetary effect from this. Therefore, collectors often act as tough financial consultants. They advise citizens from which institution they can borrow funds, where to get a job, which relatives to ask what to sell to repay the debt.

The textbook image of a collector with a soldering iron in his hand and a set of idiomatic expressions is now rarely seen. Although initially there were many of them. The first collectors in Russia appeared in the early 2000s, and then they were really engaged in intimidation and extorting (including physical) debts from anyone.

Legislative regulation The activities of collectors began in 2014, and in 2016 the law on collection activities was adopted (“On the protection of the rights and legitimate interests of individuals when carrying out activities to return overdue debts and on amendments to the federal law“On microfinance activities and microfinance organizations” dated 07/03/2016 N 230-FZ). According to it, for example, a person with a previous conviction cannot work as a debt collector.

Banks are reluctant to work with lone collectors, especially if we're talking about not about the sale of debts, but about cooperation under an agency agreement. In addition, a large part of debt collection work is the collection and analysis of information about the debtor. Therefore, most often, debtors are pestered by representatives of collection agencies - organizations that deal with the entire range of actions to collect money.

There are three types of collection agencies:

1 Cooperate with the bank under an agency agreement for a percentage of the collected amounts. Typically the agency fee reaches 25%.

2 Exist as divisions of banks. In recent years, this has rarely happened, and even before, collectors were hired most often retail banks With high percentage approval of doubtful loans. Most of these credit institutions have long since died in Bose.

3 They buy out entire packages of problem debts from banks at a significant discount (up to 50% of the real value) under an assignment agreement (instead of the bank, the borrower ends up owing to the collection agency). Then he collects debts in every possible way. It is in this category, by the way, that the majority of “black collectors” remaining on the market fall into, for whom the law adopted in 2016 was not written.

In addition to the debt collectors themselves, the collection agency usually has a lawyer on its staff (one or more, depending on the size of the organization). Often, collectors have to deal with the complex ownership structure of companies in which the debtor participates, as well as recommend actions to the latter that involve the need to sell the property. In this case, you simply cannot do without a lawyer. A legal adviser is also necessary in the process of an agency acquiring bank debts.

In addition, the staff may include an office manager, psychologist, financial analyst, accountant and other specialists. Former employees of law enforcement agencies - the Ministry of Internal Affairs, the Department of Economic Crimes, etc. - are usually hired as the main personnel. They do not hesitate to communicate harshly with clients.

By law, the number of a collection agency should not be less than three people. Maximum size staff is not limited.

What rights do debt collectors have?

According to the law, collectors have the right to establish contact with the debtor by any means. This means that the collector can use any information he has about the whereabouts of the debtor. Phone numbers (including those of relatives and friends), addresses, social media accounts, places of work, and so on - all this can be used to establish contact with a person who is behind on debt payments.

After finding out this information, collectors have the right to:

• Send SMS messages to the debtor about the existence of a debt and the need to repay it. At the same time, insults are unacceptable.
• Send letters to the debtor by regular and e-mail with information about the debt and an offer to return the money. The text must also be within the bounds of decency established by the laws of the Russian Federation.
• Call the debtor on existing telephone numbers no more than twice a week, once a day or eight times a month and report the existence of a debt, and also insist on its return. You cannot call before 8 a.m. on weekdays and 9 a.m. on weekends. In the evening, call times are limited to 21.00 and 22.00 respectively.

They can also call the debtor’s relatives in cases where they are guarantors for the loan.

• Meet with the debtor in person at the same time intervals no more than once a week. At the same time, no physical interaction is allowed - only conversations. A citizen has the right to refuse to meet with a debt collector or to communicate with him through his representative.

Collectors have the right to sue the debtor to recover money or property from him. However, in reality this rarely happens, because if there is something to collect from a person, the banks file a claim long before the debt is sold to collectors. And if there is nothing to take or the documents on the debt are “raw”, then no one will waste time on litigation will not be.

The law clearly defines the limits of actions of collectors, beyond which they cannot go. Here's what debt collectors are prohibited from:

• Invade the debtor's home without permission.
• Threaten the debtor, his family, acquaintances, colleagues, and so on.
• Cause damage to the property of the debtor, as well as third parties (for example, painting walls in the entrances with threats against the debtor).
• Contact minors or incompetent (including disabled) debtors or relatives of the debtor in any way (including those permitted by law).
• Call the debtor's colleagues. Collectors often ignore this point, but the law prohibits the disclosure of personal data, which includes information about financial condition citizens. Another thing is that it is not easy to draw a clear line between informing the violator’s colleagues about his debt and disclosing information about financial insolvency.
• Describe the property. Some debt collectors abuse the lack of awareness, especially among older citizens, about their rights and, for “preventive purposes,” during personal visits, make a list of things in the apartment. Only bailiffs have the right to do this within the framework of a court decision.

In order not to rely on his wishes, collectors resort to various tricks - for example, they come to the debtor at work, from where he cannot escape, even if he wants to. The conversation usually turns out to be very harsh and is accompanied by a demand to immediately sell the existing property and repay the debt. Also at this stage, collectors call loan guarantors and tell horror stories about what happens to those who do not pay their obligations.

Stage 3. Collection in court.

The duties of the collector include preparing documents for the debtor for submission to the court. Among them are the final calculation of the debt, taking into account all penalties and fines, and the generation of reports. Using this information, claims are drawn up in court. It rarely reaches the third stage: if the debtor has property, collectors usually “convince” it to sell it to repay the debt in the first or second stages.

An example of a collection “script” (scenario) of a conversation. Click on the block name to expand the text:

First block - survey

Claimant. Hello. Are you Alexey Petrovich Ivanov?

Debtor. Yes it's me.

Claimant. I'm from the collection agency "Horns and Legs". My name is Petrov Ivan Sidorovich. According to loan agreement No. 35 and information from Oguretsbank, you have a debt of 150,000 rubles overdue for 3 months. Do you know about this?

Debtor. I can't pay now. I lost my job, I only have enough money for food, I have a small child.

Claimant. Wait. First, let's clarify your contact information. Name your mobile number.

Debtor. 8 111 2222

Claimant. Home phone?

Debtor. You understand, I can’t pay now, I have no money, this conversation will lead nowhere.

Claimant. Wait. Who do you live with?

Debtor. With mother, wife and child.

Claimant. Work phone?

Debtor. Why do you need this?

Claimant. So does he exist or not? Or do you just don't want to pay?

Debtor. I'm not working right now.

Claimant. At all? Are you sitting at home?

Debtor. I'm looking for a job.

The second block is obtaining consent for payment

Claimant. Are you going to repay the loan? Or did they take it so as not to give it back?

Debtor. I will, of course. It's just not possible right now.

Claimant. Do you think the bank forgot about its money?

Debtor. No. I’m telling you: if I find a job, I’ll give it to you.

Claimant. You have made a contract. The bank won't wait. I can’t see from here whether you’re looking for a job or hanging out with the bank’s money. The money must be returned. The bank will take them anyway - it always takes them from everyone. Only if you don't give it now, you will have more problems. Therefore, now I need to decide whether you will repay the debt voluntarily or whether I need to start the procedure forced collection. Will you voluntarily repay or sell your property through the court for repayment?

Debtor. Of course, voluntarily.

Claimant. When?

Debtor. As soon as I get a job.

Third block – offering payment options

Claimant. You've been getting settled for three months now. You live dependent on your wife. Did I understand correctly that her job is the only source of income for your family?

Debtor. Well, I sometimes work part-time, but that’s not enough. It looks like something is starting to hatch.

Claimant. Are you trying to deceive me now? Are you hoping for a reprieve? Will not work. The longer you wait to return, the sooner you will create a lot of problems for yourself and your family. And only you will be to blame for them.

Debtor. What should I do?

Claimant. I have many clients. Almost everyone has problems. But they solve them. They find work, sell cars, property, borrow from friends and acquaintances, rent out apartments. And you don't do anything. And you hope that the bank will forget about you.

Debtor. I say: I’m looking for a job, as soon as I find it, I’ll start paying immediately, I’m an honest person.

Claimant. I can't see from here whether you're honest or not. You don't pay or try to find money. After 30 days, the bank will send the documents to the court. You need to hurry now. Look for ways to repay, preferably in full. Otherwise, you will wait for the bailiffs to wake your children up in the morning. They will trample in your apartment. Neighbors will be called as witnesses. Is this what you want to wait for?

Debtor. No. I will try.

Claimant. I told you where other people get money. Either you start actively looking for money, or wait for problems. Big problems. I'm not saying goodbye.

This market segment, after the adoption of the law on regulation of collection activities, was finally forced out of the legal space and is now a type of fraud or extortion.

"Black Collectors" usually associated with various semi-legal purchases, pseudo-pawnshops and microloan offices. There, citizens who are obviously insolvent (but have valuable property - for example, real estate) are convinced to borrow money, charge crazy interest rates on them, and then “set” debt collectors on people who are in debt. The task of these “specialists” is, if possible, to deprive the debtor of valuable property. Through intimidation or even violence.

"Grey Collectors" are not directly associated with crime, but do not shy away from illegal methods, trying to collect bank or other “legal” debts. The press writes about them, telling terrible stories about children of debtors scared to death by threats, about apartment locks filled with foam, about entrances painted with obscene phrases about debt-ridden residents, about beaten fathers of families.

You can distinguish unscrupulous debt collectors by the following characteristics:

• They do not comply with the requirements of the law (in terms of the number of calls, the content of conversations, etc.);
• They refuse to show documents and identify themselves;
• Attribute other people's functions to themselves (try to describe property, use violence);
• They don’t try to come to an agreement, they immediately turn to threats.

How to communicate with a debt collector

First of all, understand that a debt collector is not a bank employee. For him, you are a person who deliberately does not pay his obligations. During training, each collector is provided with a so-called script - a script for a conversation with a debtor.

There are different people among debt collectors. Most people don't bother thinking deeply about the nature of debt. They strictly follow the script, asking the same questions and mechanically recording the answers. Therefore, shouting at the collector, scolding him or sending him to hell is pointless, he will simply write down your answer, comment sternly on it and ask the next question. In the same way, it makes no sense to ask to “get into position.” Collector – employee, he has his responsibilities. He cannot postpone the repayment period. He is theoretically capable of listening to your tearful pleas, but he has 100 people like you. Listening to everyone can drive you crazy. Therefore, if you start demanding that the collector stop bothering you and wait, he will simply ask you again when you pay.

Here are some useful tips for normal communication with debt collectors:

1 It’s better to pick up the phone. The collector, by default, assumes that you are a willful defaulter, and if you still refuse to talk, the debt collector immediately moves on to the hard option: he comes to visit, to work, etc.

2 If there are objective reasons for non-payment of a debt, it is better to tell about them immediately (briefly and to the point): they were fired from work, a relative fell ill (they had to pay a lot of money for treatment), their apartment was robbed, etc. Then the collector will press less and offer more. True, this does not work for everyone. Some debt collectors listen, record, demand immediate payment, and ask the next scripted question.

3 No need to deceive the collector. Yes, he doesn’t believe you initially. However, if you said that you would pay by Saturday, and on Saturday you stopped answering the phone, you will not have to expect anything good from the debt collector in the future. The conversation will be more rude, and the collector will be more persistent.

What to do if a debt collector threatens?

The line between a harsh warning and a threat is difficult to draw. However, using the following table, you can distinguish the legal behavior of a debt collector from the illegal:

But how to act if the collector threatens and does not warn?

Unlike the old days, now collectors usually respond to serious threats on the third or fourth call. Most often they threaten to influence children and disclose information about the debt. Don't forget that the conversation is being recorded, so there is no need to be rude in response. If technically possible, record the conversation yourself. Specify the name of the collector and the name of the agency. Check the amount of your debt and the period of overdue. As soon as the other person starts insulting you, tell him that the conversation is being recorded (this can be done even if you are not actually recording anything). It is better to hang up only if the collector refuses to introduce himself.

You can contact law enforcement agencies with the recording (or without it). At the same time, you need to understand that the presence of a debt is in no way connected with the fact of insult and does not justify it. The human rights of a debtor are exactly the same as those of a creditor. The legislation provides for several articles under which you can file a claim against a debt collector who abuses threats:

• “Threat of murder or infliction of grievous bodily harm” (Article 119 of the Criminal Code of the Russian Federation).
• “Extortion” (Article 163 of the Criminal Code of the Russian Federation).
• “Violation of privacy” (Article 137 of the Criminal Code of the Russian Federation).

But keep in mind that it will be very difficult to prove the seriousness of the threats.

It is more effective to write complaints to Rospotrebnadzor, the prosecutor’s office at your place of residence and the National Association of Professional Collection Agencies, indicating the dates and content of the threats. You can ask the operator to block the collector’s number only after submitting the mentioned complaints. However, there is not much point in blocking: every self-respecting collector has several telephone numbers.

Threats in person

The collector has the right to meet with the debtor no more than once a week. Communication should take place without the involvement of strangers (unless, of course, the debtor himself wants neighbors or colleagues to stand nearby and listen).

The options for a personal conversation with a threatening debt collector are:

• Do not open the door, talk through it. In this case, it is advisable to record the conversation on a voice recorder (for example, a telephone recorder). First ask your neighbors to listen too and then, if necessary, become witnesses.
• Talking on the landing. This option is suitable if the debtor is not trying to hide anything from the neighbors. The collector is unlikely to seriously threaten, risking being heard by dozens of people.
• Have a conversation in the apartment, turning on the recorder. This is the least acceptable option, because if the collector decides, so to speak, to move from words to deeds, it will be difficult to appeal to others. If possible, ask relatives or neighbors to call the police at the first sound of a fight. Do the same if visitors decide to take or damage your property. Collectors have no rights to do this; only bailiffs can describe things by court decision.

In all cases, be sure to ask the collector to show your passport (you can demonstratively rewrite the data), as well as a copy of the assignment agreement (if the bank sold your debt to collectors) or an agency agreement.

If a collector comes at you because of a debt to which you have nothing to do (this happens often), inform him about it in the correct form, explain the reasons - for example, you bought a SIM card, which, apparently, previously belonged to the debtor , or the apartment where he used to live. If the threats continue, do not hesitate to call the police. In addition, an effective way would be to file a complaint with Rospotrebnadzor, the prosecutor's office, the already mentioned National Association of Professional Collection Agencies (NAPKA), as well as. See below for how to write such complaints.

Read also:

Is it worth contacting anti-collectors?

Anti-collector- this is not the antithesis of debt collectors, but a lawyer who helps the debtor protect his rights, reducing payments if possible. The interest of such a lawyer is the opportunity to earn a percentage of the amount of the debt written off.

Such specialists are especially willing to take on situations in which a relatively small debt has accumulated into a huge debt due to the creditor’s tricks, various fines and penalties. For example, for a long time, crazy penalties, fines, and penalties were accrued, the amount of which is easy to challenge in court. This is especially true for microloans.

A man borrowed 30,000 rubles from a bank; after a couple of years of non-payments, 300,000 came up; this is exactly the amount that collectors demand from the debtor, although it contradicts current legislation about microloans. Collectors do not delve into such subtleties; their task is to obtain the required amount, and not to figure out where it came from (although really serious agencies understand and offer the debtor options). Anti-collectors sue creditors, win cases and receive a significant amount from a happy client (who only has to repay the loan body without accrued penalties). Agree, paying an anti-collector 100,000 is better than paying a collector 300,000.

The strategy of anti-collectors is simple: immediately sue and protest the amount of the debt. The trouble is that among such specialists the percentage of scammers is very high. Having promised the client three boxes and received an advance payment for their services, some anti-collectors simply let the process take its course and leave the debtor with unreduced debts and without money.

You can distinguish a fraudster or simply a low-skilled anti-collector from a normal lawyer by the type of agreement concluded. The swindler is trying to take on a minimum of responsibility. For example, he undertakes to submit documents to the court, but is not responsible for the results of the proceedings. The methods of persuading the client are simple: the fake anti-collector claims that it is more profitable for the debtor to pay immediately fixed amount, and not then lose a percentage of the written off debt. In addition, serious anti-collectors never undertake to work with a small amount– it’s simply not profitable for them. Therefore, if they try to help you with a debt of 50,000 rubles for only 5,000, this is most likely a scam.

Before contacting anti-collectors, collect information about them - from reviews on the Internet, for example. Blindly establishing contacts with such specialists is risky.

How to become a collector

After the activities of collectors received legislative registration, this profession became much more attractive. In 2017, in the Russian Federation, according to the Federal Tax Service, about half a million organizations indicated “collection services” as one of the types of activity when registering. About one and a half hundred professional collection agencies are officially registered in accordance with the new law, and this number is increasing every month. The demand for truly qualified employees is also growing.

The main work of a collector is constant conversations with debtors. Not sincere, but rather tough, sometimes rude. At the same time, it is necessary to be able to competently talk about the existence and composition of the debt, offer possible options repayment, explain legal consequences in case of non-payment. You also need to not be afraid of conflict situations and be able to resolve them.

In addition, the duties of the collector include the following functions:

• Collection of information about the debtor within the framework of the law;
• A full range of work with overdue debts (calculation of amounts and terms, informing the debtor, preparing a package of documents for submission to the court);
• Compilation financial reports by debtor clients

Who can become a collector

There are not many collectors with many years of experience in this profession, so most often candidates are selected from related fields. The requirements are something like this:

1 Education

Legal, economic, military, pedagogical, psychological. Preference is given to those who have graduated from universities in specialties related to work in law enforcement agencies. Also a plus will be completed courses for collectors - these are now organized at large collection agencies (for example, FASP) or in specialized training centers (for example, DA.Collection).

2 experience

The best option is an employee of the debt collection department at any bank. Other former employees of banks and law enforcement agencies are also in demand. They willingly hire stress-resistant callers from any field (legal or economic education).

3 Skills

Firstly, of course, communication skills are extremely important. If you are afraid to talk to people or don't like it, there is no point in going to debt collectors. At the same time, the candidate must have a low level of empathy. If you feel sorry for every debtor, you will quickly fall into this category yourself, left without income (read about collectors’ salaries below). The ideal option is to have the skills to communicate firmly with antisocial elements or with disloyal clients.

Skills in using various computer programs and Internet sites. In particular, reference and legal systems, databases, services government agencies(FTS, FSSP and others).

Knowledge general principles accounting. It is clear that specialists will understand the intricacies of corporate intricacies (if the debtor owns large assets), but if we are talking about an ordinary debtor who was fired from work, the collector must be able to calculate his debt.

In the capitals, knowledge will be a big plus foreign languages. Moreover, if the collector can explain himself in the languages ​​of the peoples Central Asia or North Caucasus, there’s simply no price for him. But English at the Intermediate level and above is also considered good option.

Mobility is considered an important skill: the work of a debt collector involves traveling, and sometimes the debtor has to be caught in the most unexpected places.

Collector's income

The amount the debt collector receives depends on the agency and the contractual relationship with the debtors. Typically, the debt collection specialist is paid a fixed salary plus a percentage of the debt collected (from 5% to 30%). The difficulties of the profession include the difficulty of predicting the receipt of a variable part of the salary.

Career prospects for a collector

An ordinary debt collector in an agency can rise to the head of the early or late collection department or to the head of the legal service. The next stage is the head of the collection service.

Applicants with experience in collection work are readily employed by banks, detective agencies, and legal services of large retail companies. Also, people with such experience in tough communications as collectors have good prospects in sales.

Let's sum it up

Collector profession for Russian society gradually ceases to be something frightening with an illegal scent. The activities of collectors are within the scope of the law. However, there is still a great chance to stumble upon “gray” or even “black” pseudo-specialists. To prevent this from happening, try not to take out loans if there is even the slightest doubt about your ability to repay them. Create financial safety nets. Stay away from microloan offices, or at least.

For those who happen to meet, there is only one piece of advice: don’t be afraid. Honest collectors are not dangerous, although communication with them is unpleasant (but here it is your own fault - there is no need to accumulate debts). And dishonest people can be dealt with with the help of the police.

Those who want to become collectors themselves must be prepared for complex psychological conflicts. Driven into a corner, debtors often take out their anger on the debt collectors. People with a fine mental organization have nothing to gain in this profession. Everyone else needs to remember that the end does not always justify the means, and excessive rigidity is not a guarantee of repayment of the debt.

Stories about debt collection are replete with creepy details: apartment doors covered in writing, annoying calls at night, arson, persecution, beatings. Despite the fact that the activities of collectors have been quite seriously limited, such cases still occur quite regularly. Let's figure out who collectors are, what they have the right to and what to do if they exceed their powers.

Collectors are bandits who collect debts? No!

This was the case in the 90s, but since then the market has become more civilized, and official collection agencies have appeared that have the right to collect debts. Foreign practice shows that the work of collection agencies is one of the most effective ways to recover problem debt. As a rule, collectors buy your debt (this is called an assignment of claim or assignment) and completely take over the work of returning it.

In Russia, the first collection agencies appeared in 2004. They must be included in the register, which is maintained on the FSSP website and is constantly updated - now there are more than two hundred agencies in it.

Despite their official status, the interaction of collectors with debtors in Russia sometimes really goes beyond all limits: they pour glue on locks, throw Molotov cocktails at windows and organize pogroms in entrances.

Utility companies, who extract debts from residents, are also not lagging behind. Recently, in Samara, a utility company staged a “debt raid” with door-to-door visits, public address announcements, a motorcycle rally under the motto “Samara is a debt-free territory,” and the installation of a three-ton “pyramid of shame” in front of the house of the worst debtor.

How do collectors work?

The creditor (the one you owe money to) must notify you of the transfer of the debt to a collection agency within 30 days.

Collectors, having contacted you, must introduce themselves, inform you about the structure of the debt and the conditions for its return.

Collectors can only communicate with you in four ways:

— personal meetings;

- telephone conversations;

- letters by regular mail at the place of residence or place of stay.

Everything else - calls to relatives, friends, colleagues, neighbors - is allowed only with the consent of the debtor. Disclosure of personal data or information about debt to an unlimited number of people - on the Internet, social networks, by message at the place of work - is not allowed.

Who should collectors not work with?

With minors, with debtors who are in the process of bankruptcy, as well as with people who are incompetent or have limited legal capacity. The law does not apply to the collection of debts of individual entrepreneurs that arose while running a business.

Is it possible to refuse to communicate with debt collectors altogether?

Yes, but not immediately, but four months after the delay occurs. You can also negotiate with a collection organization only through your representative - always a lawyer.

What can't collectors do?

On January 1, 2017, the main provisions of the law came into force in Russia, which significantly limited the powers of collectors.

Now they can't:

CALL

earlier than 8 am (on weekdays) or 9 am (on weekends) and later than 22:00 (on weekdays) or 20:00 (on weekends). In general, you can call no more than once a day, twice a week and eight times a month.

HIDE

numbers from which communication is carried out, or call from abroad. When calling, an employee of a collection agency must introduce himself: give his name and organization.

MEET

with the debtor more than once a week.

THREATEN

(for example, by initiating a case under Article 159 of the Criminal Code of the Russian Federation for fraud), blackmail, exert psychological pressure, humiliate honor or dignity, mislead the debtor (for example, inflate the amount of the debt or the terms of repayment).

How to communicate with a collector?

When communicating on the phone, record the conversation

You are not required to warn about this, but such a warning may have an effect on the collector and force him to be more careful in his expressions.

Ask the collector to introduce himself and name the organization he works for

Write down the details (and check if the agency is on the FSSP list).

If a bailiff calls you about debt repayment, find out his details (name and department of work)

Unscrupulous collectors may pose as officials various authorities.

When meeting with the collector in person, ask to present one of the documents:

- identity document

- power of attorney confirming his authority

— a copy of the certificate of entry of information about the collection organization into the state register

The new law has forced collectors to increasingly go to court to collect

On the one hand, litigation is unprofitable for debtors: fines, state duties and payment for the work of bailiffs place a burden on the losing party. On the other hand, the court has the right to reduce the disproportionate amount of interest if the penalty was accrued for each day of delay and the debt has grown many times over.

Collectors may harass you with calls even if you have never taken out a loan

For some reason, you may be included in the database as a “guarantor” (for example, someone accidentally or intentionally left your phone). In this case, inform about your non-involvement in the debt and send a written notification to the collection agency and the creditor by Russian Post (by registered mail with return receipt requested). The court may rule in your favor and fine the collection agency.

In Russia there are so-called anti-collection agencies

Usually these are just companies whose employees specialize in communicating with debt collectors. There are also applications for mobile phones, which allow you to add numbers of annoying collectors to the blacklist. One of the most famous such applications was developed in Novosibirsk in 2015, but the Association of Collectors does not approve of its use.

What about housing and communal services debts?

Debts for housing and communal services are a different story. From 2011 to 2017, the amount of debt of residents by public services increased almost 6 times. According to the results of the first quarter of 2018, the debts of Russians for housing and communal services amount to 1.4 trillion rubles.

Collectors can also collect such debts (and debts of citizens to each other). Moreover, their actions are regulated in the same way by the “collection” law - no special conditions in this case no. Collectors are unlikely to install “pyramids of shame”: they are constrained by the presence supervisory authority, a law that prohibits humiliation of the honor and dignity of citizens, and the administrative liability established by it.

The use of such methods is an initiative of utility companies that are not controlled by the FSSP and operate outside the framework of the “collection law.” From the point of view of compliance with other legislation, such amateur activity raises questions.

Where to complain if debt collectors break the law?

Report the violation to the management of the collection agency (by phone call or email).

Send an appeal to the Collectors Association.

Write a complaint to the service bailiffs(FSSP). This is a regulatory body for collectors. They consider citizens' appeals, apply administrative measures and suppress the illegal activities of debt collectors.

You can complain to the prosecutor's office and the police. Attach materials indicating a violation of the law - this will be the basis for unscheduled inspection. The law enforcement response may not be quick, but there are success stories.

Okay, what other laws will help me?

If collectors violate the law, they are subject to liability under Article 14.57 of the Code of Administrative Offenses. It provides for fairly large fines. They can be punished for illegal activities(the fine for work without inclusion in the register reaches two million rubles), and for violations committed during the collection. For example, in July 2018, a collection agency was held liable for “misleading the debtor regarding the consequences of failure to fulfill obligations” and was fined 50,000 rubles. In addition, there is criminal article 171 for those who conduct business without a license.

The privacy of the debtor is protected by Article 137 of the Criminal Code of the Russian Federation - it establishes liability for the illegal collection or dissemination of information constituting a personal or family secret (in fact, this may also include the dissemination of information about a debt in in social networks among relatives, friends and acquaintances of the debtor).

Only bailiffs (and in no case collectors) can, by a court decision, impose sanctions on the debtor: seize property, seize a car and real estate, or evict from an apartment.

Roskomnadzor supported the initiative of the bailiff service to post photographs of debtors whose debt was confirmed by a court decision on the Internet and the media and agreed that bailiffs have the right to distribute biometric data without the consent of debtors. However, scientific literature criticizes such methods, and the court declared the publication of such images illegal by virtue of Article 152.1 of the Civil Code of the Russian Federation.

What collectors can do in 2020 is of interest to many who have long-term overdue payments to the bank and whose case has been transferred to so-called third parties. Few people know, but so far, there is no specific industry law (at the time of publication of the article) regulating the activities of collectors, plus regulating the scope of their powers, in our country, but the law is actively being developed and, as expected, was approved in 2016. All that can somehow control the actions of collectors is the criminal code and the code on administrative offenses, therefore, the rights to certain actions of collectors are determined by them.

Update of the law on collectors

Important! Please keep in mind that:

• Each case is unique and individual.
• A thorough study of the issue does not always guarantee a positive outcome. It depends on many factors.

To get the most detailed advice on your issue, you just need to choose any of the options offered:

But this does not mean that such organizations are allowed everything. The principle “everything that is not directly prohibited is permitted” does not work in this case. Below we will talk about what debt collectors can do against a debtor and what rights debt collectors have.

If you are interested in the question of how to properly deal with debt collectors, read about it.

How many times do debt collectors have the right to call?

Phone calls are the first and most common option for working with a debtor. Those. after the bank temporarily assigns or even sells your debt to a collection agency, work with the debtor begins with telephone conversations and a demand for repayment of the resulting debt as soon as possible.

Typically, such negotiations are accompanied by threats and insults against the debtor. This has nothing to do with the true purpose of the activities of collectors, or with the legislation in general.

In most cases, such calls (10-15 times a day) still bring the expected result. The debtor simply loses patience and goes to borrow money from friends (or takes out a new loan), just so that the annoying collectors can get rid of him. Those. there is a principle of psychological influence on the debtor. So how many times a day are debt collectors allowed to call?

If calls are received at the time required by law, and conversations with debtors take place within the legal framework, then collectors can call 50 times a day. There is no violation in this. And this also applies to calls to relatives and to work.

Outdoor events

Also most often debtors are wondering whether collectors can come home.

Everything is simple here. After all, the fact that they will come to you and knock on your door is not illegal. This is exactly what collectors use. Plus, it is important to trace, again, the psychological aspect of this event.

In order to avoid such meetings in the future, debtors are looking for third-party ways to get the corresponding amount and finally pay off the collectors (bank). But the question regarding whether collectors can come usually worries those who have long term delays, and when telephone calls did not produce the expected results.

But there is one important nuance here that should never be overlooked. Debt collectors are ordinary civilians who do not have any authority. Therefore, they have no right to cross the threshold of your house against your wishes.

For example, you will begin to let a complete stranger from the street into your house. Therefore, you don’t have to open the doors at all. If there are any hooligan actions on the part of the collectors, you can safely call the police.
Perhaps something will change in the future, but for now we will answer the question of whether debt collectors can come home in the affirmative. Like any other person, they can come to your address and ring the doorbell. Not more. An attempt to enter a home is a criminal offense, which collectors are well aware of. Whether collectors can come home is as popular a question as questions regarding how long the work of collectors with the debtor can continue, and what actually happens next.

Can debt collectors sue?

Of course, the pre-trial collection procedure cannot last forever, and sooner or later, we will talk about judicial collection. Many people are interested in the question: can debt collectors sue a debtor? To answer this question you need to know the following.

Collectors can act as plaintiffs only if they previously purchased the rights under your loan agreement from the original creditor (bank). Those. Now the collection agency is a legal creditor, which means it has every right sue you.

If collectors work with you on the basis of an assignment agreement (temporary assignment of rights under your agreement), then in fact, The right to go to court still belongs to the bank. Therefore, the answer to the question of whether debt collectors can sue a debtor directly depends on the basis on which they work with you.

Judge for yourself, because any civilian, if there are sufficient grounds, has every right to go to court. Collectors given right so far no one has been deprived.

Resale of debt

Many citizens mistakenly believe that a loan agreement is a kind of product that can be bought and sold several times. This is far from true. That's why, if you are interested in the question of whether debt collectors can sell debt, then know:

• that, firstly, it is pointless,
• secondly, there is unlikely to be a “buyer”.

After all, collection agencies do not provide loans to the population, and all the contracts they work with are purchased from banks and other credit organizations. Plus, it is important to know that the bank sells problem debt only in exceptional cases when repayment seems impossible. And collectors do not buy everything, but only what can bring profit.

A typical example of collectors in operation

Let's consider the situation: the bank was unable to repay the debt from a problem client and put the contract up for sale. After some time, one of the collection agencies buys given debt and becomes a legal creditor. But it was not possible to collect the amount from the debtor.

So, such a debt is called “dead” in slang, and even if it is put up for sale, not a single collection agency will invest money in such a deal, which is obviously unprofitable for the organization. Therefore, if your debt went to collectors, then the final stage will be to go to court. We discussed above whether debt collectors can sue a debtor.

Powers of collectors

It can be noted that questions like these: can collectors collect debts or what rights do collectors have against the debtor?, are elementary. The maximum that they can have in their hands (as in other matters and with any individual) this is your loan agreement. So far, the legislation has not (and will never provide) such organizations with any power.

In the end, for these purposes, in our country we have a bailiff service and the court itself, which sooner or later ends most strained relationships with banks. Therefore, the need for collection agencies in this chain is very, very controversial.