Collection agencies included in the register. FSSP of Russia has published the register of legal collection organizations

How often have we heard in the media lately about the lawlessness of the collectors ?! In Iskitim, a woman was raped in front of her beaten husband and son, in Ulyanovsk collectors threw a Molotov cocktail at the debtor's window and inflicted burn injuries on a small child, in the Urals the work of an ambulance was completely paralyzed and kindergarten because the collectors have put the numbers on the autodial. Such examples turned out to be obscenely many.

Not only for borrowers, but now for the deputies, it has become obvious that they need separate law about collectors and the tightening of their activities.

And such a bill was adopted in mid-June 2016, and after 6 days it was approved by the Federation Council. The changes entered into force on January 1, 2017.

So, what does this law promise to borrowers? What can collectors do and what are they prohibited? Who will control their activities? What negative consequences does the 2017 law on collectors have for potential borrowers of MFIs in the future?

Minimum requirements include:

1. Having your own website with licenses, contact numbers and other details freely available
2. The minimum threshold for assets is from RUB 10 million.
3. Compulsory liability insurance in the amount of at least 10 million rubles.

The rest of the organizations that are not included in the state register and have not received a license can continue their work starting from January 1. For violation, legal entities will face a fine of up to 2 million rubles. By the way, on December 30, only 10 spacecraft out of hundreds of existing ones were included in the register.

The set of rules for the behavior of the collector according to FZ-No230

So, interact with the borrower and third parties can:

1. Lender directly
2. A person acting on behalf of and in the interests of the lender. Such a person can only be a bank or an officially registered employee of the CA included in the register of collection organizations in Russia.

From now on, debt can only be sold under an assignment agreement to a bank or a CA from the register. Accordingly, the sale of debt to individual entrepreneurs, individuals and other organizations is prohibited.

Separate requirements are set for employees collection agencies... From now on, they have no right to hire persons with an open criminal record, as well as those who are abroad of the Russian Federation. Also, collectors must be located exclusively on the territory of Russia. Any contact with the borrower from outside is illegal.

• Any communication between the collector and third parties (relatives, acquaintances, friends, work colleagues and all those whose numbers were indicated in the questionnaire) will be limited. That is, without the written consent of the debtor or a third person, the collector will not be able to conduct a dialogue with them. If, in the loan agreement, there was a clause allowing communication with third parties and the borrower signed such an agreement, agreeing to all of its terms, then at any time this consent can be revoked by writing a regular application addressed to the director of the MFO.
• Collectors are prohibited from posting any information about the borrower with debt on the Internet, residential buildings or other buildings. It is also forbidden to report the presence of a debt to the debtor's work and to conduct any conversations about the borrower's debt with his employer and colleagues.
• From now on, consent to the transfer of the borrower's debt to the CA or to a new lender must be contained in the format of a separate document, and not in small print at the end of the loan agreement. At the same time, at any time, even immediately after receiving a loan, the borrower can revoke his consent to transfer the debt to the CA or to a new lender. This means that the credit institution will not be able to sell the debt under the assignment agreement or give it to the CA for collection.
• According to the new law, it is possible to interact with the borrower only through personal communication at the meeting, by SMS, telephone and mail. At the same time, calls and SMS messages must come from numbers registered to the collector or creditor, you cannot hide the numbers.

Moreover, collectors are required to keep records of all telephone conversations / SMS and store them.

• The 2017 Anti-Collection Law also regulates the frequency and timing of calls. So, for example, communication with the debtor should be carried out at certain hours:

1. On weekdays from 08:00 to 22:00
2. Saturday and Sunday from 09:00 to 20:00

• The number of calls / meetings and SMS is also limited. You can meet with the borrower in person no more than once a week. You can call:

1. No more than once a day
2. No more than 2 times a week
3. No more than 8 times a month

• A complete ban on any interaction with the debtor if:

1. He is in bankruptcy
2. He was deprived or disabled
3. Inpatient
4. Was recognized as a disabled person of the 1st group
5. Is a minor

Naturally new law about collectors prohibits:

• Use force or threaten
• Harm health and life
• Harm property
• Influence the borrower in psychological ways
• To mislead the borrower and contact persons regarding the amount of the debt, the timing of its repayment, etc.
• You cannot introduce yourself as fictitious names, impersonate law enforcement officers, bailiffs and other government agencies, wear clothes similar to the uniform of any departments, identification stripes, etc.
• You cannot talk with the borrower about initiating a lawsuit, further collection by bailiffs, possible criminal liability for non-repayment of the loan, etc. This means that the collector, during the conversation with the debtor, has the right only to voice the amount of the debt and inform about the details for its payment. Everything. Any mention of words such as "court", "prison", "term", "fraud", "bailiffs", criminal prosecution ", etc. strictly prohibited.

How to get rid of the collector once and for all under the new law?

One of the most important clauses of the law on collectors is the right of the borrower to refuse any contact with the collectors. The borrower has such a right after 4 months from the date of the delay. To get rid of the collectors once and for all, you need to write an appropriate application and send it by registered mail with a return receipt to the CA and the creditor. After such a statement, the collector has no right to contact the borrower in any way.

Thanks to the new law on collectors, in 2017 it will not be possible to combine debt collection activities with the provision of microloans or any other activity. This means that MFO employees (personal managers, collection departments, security services, etc.) cannot deal with debt collection on their own.

The amount of debt will not grow!

Due to the fact that the law on collectors was adopted, in 2017 there was new article in the Federal Law on MFOs. Now maximum amount debt is regulated by the state. Borrowers from now on do not have to worry about the fact that the debt from the principal amount of 5,000 rubles will grow to 150,000 thousand. This is not possible thanks to the new amendment.

When developing a new law on collectors in the Federal Law No. 151 "On microfinance activities and microfinance organizations", a new article 121 was added, which regulates new order accrued interest on delay.

According to it, in the event of a delay, MFOs have the right to accrue% only on the remaining amount of the principal debt and until the amount of accrued interest reaches two times the amount of the outstanding part of the debt. This means that the debt will stop growing and will stop as soon as the debt for interest reaches the specified amount.

Read also: Health certificate from a therapist

The changes will affect only those loans, contracts for which were concluded from 01.01.2017.

Who will control the activities of collection agencies in 2017 in Russia?

In mid-December, the President of the Russian Federation signed a decree, which endowed the FSSP with obligations to control the activities of collectors. But the Ministry of Justice in the same decree is called upon to implement legal regulation activities for the return of overdue debts of individuals and individual entrepreneurs.

Thus, on the basis of the FSSP, a special department will be created, which will include more than 300 specialists throughout Russia. It is they who will keep the register of collection agencies, take measures to include / exclude the spacecraft from the list of "favorites", supervise and check the collectors.

Therefore, the most important body to which you need to complain about the actions of this or that CA is the FSSP, and not the Central Bank or Rospotrebnadzor.

How beneficial is the law on collectors to borrowers?

With the entry into force of the Collectors Act in 2017, borrowers can breathe a sigh of relief. As practice shows, in the first month of the new year, the actions of the collectors weakened only one iota from the previous indicators. Judging by the reviews, the number of calls fell by an average of 10-15%, but the threats over the phone did not disappear. Collectors are still not shy in their expressions and put pressure on debtors by all available and inaccessible methods, including those prohibited by the new law.

Obviously, this will continue until the supervisory authorities “remove” from the market spacecraft that operate until 2017, but have not received a license to carry out collection activities in accordance with Federal Law No. 230.

Yes, and from large CAs that have received a license, it is difficult to expect dramatic changes in the methods of collecting overdue debts, which will comply with the TOR. Most likely, this will be so until the FSSP and the Ministry of Justice are inundated with complaints from borrowers on the fact of violation of the law on collectors by one or another collection agency.

What negative consequences could the 2017 Collectors Act bring to borrowers?

Undoubtedly, the new law on collectors will make it more difficult for collectors to recover delays. On the other hand, however, it will hit MFI borrowers as well.

The fact is that most MFOs, even at the stage of checking a potential client, are counting on which of the risky borrowers will be able to collect the debt in case of non-repayment, and on whom it is better not to spend physical and monetary resources.

After Federal Law # 230, many MFIs will simply raise the bar for high-risk potential clients. And if earlier they could easily get a microloan from an MFO, now they are unlikely to be able to do it.

Well, there is a high probability that MFOs will begin to “go” to courts, which was practically not observed before.

If earlier more than half of the debtors calmly held out for the time until the expiration of the terms limitation period, after which debt collection through the court is practically unrealistic, now it is unlikely to work.

The fact is that with the new law, small agencies will leave the collection services market. Their place will be taken by large players, and it is much more profitable and more convenient for them to work with a bank portfolio. credit debt than with microcredit borrowers. Hence, it can be assumed that it will be quite difficult for MFIs to find collectors to collect debts from their borrowers. And if so, then there will be no other options but going to court.

And in this case, the debts will be collected by bailiffs who have the authority to enforce debt collection.

What did the law on collectors give us?

As a result, we received a bill that, on the one hand, protects debtors, and on the other hand, hits them and potential borrowers micro credit institutions in future.

As a result, we received a set of prohibitions and rules that collectors must not violate, but statistics showed that their actions have practically not changed since the entry into force of the new law on collectors.

Register of collection agencies of the Russian Federation

The need for a special register of collectors and collection agencies is long overdue. Until recently, nothing prevented any person from taking the beautiful name "collector" and going to collect debts. The essence of such activities initially involves pressure on the client and, alas, not all newly-minted specialists could independently keep themselves within the framework of politeness, and sometimes the law.

Many citizens, especially those who have been "attacked" by the so-called collection agencies, are interested in whether there is official list, and if so, how exactly to check the right organization for trustworthiness.

Is there a unified register of collection agencies in the Russian Federation?

Single register collection agencies of the Russian Federation really exist. January 27, 2017 on the site Federal Service bailiffs a list of legal entities entitled to provide such services was published. Ten of them were licensed on December 29, 2016. By August 2017, there were already 142 agencies on this list., and some of them have been excluded by this time.

For comparison, at the end of 2016 in Russia there were 553 thousand legal entities engaged in debt collection. For many of them, this is not the only type of service - such organizations have no chance of being included in the list. It can only include those agencies for which the return of unpaid debt is the main activity.

Important! From January 1, 2017, only agencies included in the list have the right to carry out collection activities. Other organizations that are not included in the register run the risk of receiving substantial fines (for legal entities - up to 2 million rubles, for individuals - up to 500 rubles).

The law governing the matter was signed in July 2016... Please note: the law only concerns the nuances of returning a debt that has not been repaid on time. All other types of debt are out of the question.

What agencies are included in the register, how to get into it?

What collection agencies are included in the state register? The decision on inclusion in the unified register of collectors is made by the territorial department of the FSSP. The list contains the date and number.

To get into the register, entity must submit an application to the FSSP authority. Based on the results of the examination, a certificate is issued. It is noteworthy that the license comes into effect only with the approval of the organization on the list. In itself, the application for inclusion is not a guarantee of obtaining a "place" and does not give grounds to continue to provide collection services.

A person who breaks the law can be fined- upon discovery of the fact of the provision of services, representatives of the bailiff service have the right to draw up a protocol on violation, despite the fact that the application from such a person may already be under consideration in the same service.

The list of collection agencies included in the state register is regularly updated. Any organization can apply.

Note: the state register of collection agencies of the Russian Federation and the lists of the National Association of Professional Collection Agencies (NAPKA) are completely unrelated.

Membership in NAPKA is akin to membership in a trade union, albeit with a different focus. The organization was founded in 2007, is a non-profit, companies join it on a voluntary basis, to maintain or create a business reputation, in order to develop the collection services market in Russia to an international level.

This participation is obligatory, but from a completely different point of view. On closer inspection, you will notice that the NAPKA lists and the FSSP list do not match - which, by the way, is sometimes the basis for criticism of the state initiative by interested citizens.

How to find out if a collection agency is included in the state register?

The easiest way to do this is on the FSSP website by the address. This page does not have any convenient search functionality, but you can always use the Ctrl + F key combination and find the required organization by name (full or abbreviated name of a legal entity).

At the bottom of the page there is the same list of collection agencies included in the register for download in three formats: PDF, XLS, ODS.

Conclusion

The initiative to create a registry is still quite fresh. So far, there is no data on its serious impact on the level of civilization of the collection market. It also cannot be said that legal entity. debt collectors rushed to file applications amicably and quickly, although the growth rate of the list (from 10 to 142 in six months) seems promising at first glance.

In any case, having heard the name of the agency on the phone, it makes sense to check the presence of this organization in the register and, based on the information received, build further communication. If an organization is not on the list, you can safely deny it the right to make claims, citing the law, or even go further - report the offender to the bailiff service.

Read also: Art 89 of the Criminal Code of the RSFSR

Denis Malakhov for the newspaper "Gudok" about the state register of collectors

Only 26 companies included in the state register can work with debtors

Mostly it large companies- the main market players. According to the National Association of Professional Collection Agencies (NAPKA), they account for about 80% of the collection of overdue debts. “Leading collection agencies comply with the requirements of the law - the same liability insurance and licensing operating systems- did not cause any difficulties, since they already performed them. But these restrictions, we hope, will help clear the market of “gray” collectors and, accordingly, illegal methods of debt collection, ”notes Elena Dokuchaeva, president of the Sequoia Credit Consolidation collection agency.

Note that according to the law on collectors, which came into force in January of this year, only collection agencies included in the state register can directly contact debtors. “Thus, a clear line has been drawn between“ good ”and“ bad ”collectors. Previously, it was not easy to define. Now there is a formal sign - the presence or absence of a company in the state register. This makes it easier for the police and prosecutors to fight illegal debt collection activities, ”said Boris Voronin, director of NAPKA.

Under the new rules, creditors are required to notify debtors in writing about the attraction of collectors, and agencies, when communicating with citizens, have no right to withhold data about themselves. “The first thing that a citizen should do if the collectors contacted him is to check them on the FSSP website. If the company is not in the register, you can ignore the call or complain to the bailiffs. In case of excessively intrusive behavior of the collector, the police should be involved, ”recommends Denis Malakhov, senior lawyer of the League for the Protection of Debtors. In the FSSP, you can also complain about violation of the law by accredited agencies, the lawyer notes.

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Collection agencies register in 2017

On January 16, 2017, a register of collection agencies appeared on the FSSP website in accordance with the basic requirements of the Federal Law. This document allows you to verify the legality of the conduct of professional collection activities. Accordingly, each person should know how to check whether a collection agency is included in the state register in the event of a request from professional collectors on the issue of debt.

How to find the register of collection agencies

2. After that, select the "Services" item in the list of the main menu.

4. After completing all the steps sequentially, you will see a table with a list of legal collection agencies in the Russian Federation.

Why do you need a register of collectors for ordinary citizens?

You can officially verify the legality of the company that applies for debt;

The document contains the legal address of the organization, which will make it easy to find the addressee, to whom to write a statement or claim in case of any incidental situations;

The register contains the exact site with which you can study the information (contact details, addresses of the nearest offices), as well as clarify it (by hotline or by sending an application to email address organizations);

Basic requirements for collection agencies

The Federal Law (230-FZ) says about the basic requirements for the activities of collectors and collection agencies, such as:

Have a mandatory state registration organizations on the territory of Russia;

Collection agency in mandatory must be included in the state register (can be checked on the FSSP website);

The employee must not have a criminal record in economic sphere or be tried for a crime against government authority;

The employee must not have diseases that hinder the activity in this organization.

Their responsibilities include:

Maintain a list of employees who have access to the personal information of the debtor (the employee must give a receipt for familiarization with Federal law, and is also obliged to maintain the confidentiality of information);

Keep all paper and electronic documents three years from the date they were sent or received;

Maintain an audio recording of all cases of interaction with the debtor, warning him about this, and also store the recording data on media for at least three years;

Provide in authorized body report on its activities and inform him about the changes made to its constituent documents;

Meet the requirements provided for in Art. 13 230-FZ.

Restrictions on the activities of collectors

Federal law (230-FZ) from January 1, 2017 introduced restrictions for collection agencies. So, these organizations are not entitled to:

Disturb the debtor from 20:00 - 9:00 - on holidays and weekends, 22:00 - 8:00 - on weekdays;

Visit the debtor more than once a week;

Call the debtor more than once a day, twice a week and eight times a month;

Send SMS more than twice a day, four times a week and sixteen times a month;

Call the debtor on work numbers and visit him at work;

Hide your phone number and call from phone numbers not owned by a collector or creditor;

Contact third parties (parents, colleagues, neighbors);

Damage or destroy the property of the debtor;

Use words that humiliate the honor and dignity of the debtor (third parties);

Use physical force, threats to life and health to the debtor, as well as to third parties;

Exercise psychological influence on the debtor and third parties;

Also, the law clarifies the rights of the borrower to protect their interests. Before starting each contact, the debtor must be informed:

Surname, name, patronymic (if any) of the creditor;

Information about whether the borrower has a loan delay;

Number contact phone a creditor or a person who is entitled to act on his behalf.

In case of violation of these provisions, the collection agency faces a serious fine.

Federal law (230-FZ) introduces a fairly large number of restrictions on the activities of creditors and collectors. Undoubtedly, the innovations will reduce the violent and illegal collection of debts from borrowers. Also, the law will make it possible to remove unscrupulous claimants who denigrate the activities of other agencies listed in the register. But how the law will be applied in practice - only time will tell.

Ask your question

Head of the Legal Department of SRO "Edinstvo"

Director for the sale of additional products of the group of companies "Bystrodengi"

Head of Retail Business Department, Levoberezhny Bank

State Register of Official Collection Agencies

Register of official collection agencies

Limited Liability Company "AktivBusinessCollection", LLC "AktivBusinessCollection"

Non-public joint-stock company"First Collection Bureau", NJSC "PKB"

Limited Liability Company "National Collection Service", LLC "NSV"

Limited Liability Company "Agency Credit Finance", LLC "AKF"

Joint Stock Company "Financial Agency for Collection of Payments", JSC "FASP"

Limited Liability Company "Center YUSB-M", LLC "Center YUSB-M"

Limited Liability Company "M.B.A. Finance ”, LLC“ M.B.A. Finance"

Joint Stock Company "SEKVOYA CREDIT CONSOLIDATION", JSC "SEKVOYA CREDIT CONSOLIDATION"

Limited Liability Company "Center YUSB", LLC "Center YUSB"

Limited Liability Company "GK Financial services", Limited Liability Company" GK FIN "

Limited Liability Company "Trust", LLC "Trust"

Limited Liability Company "Trust-Western Siberia", LLC "Trust-Western Siberia"

Limited Liability Company " Management Company Trust ", LLC" Trust Management Company "

Limited Liability Company "Company Trust", LLC "Company Trust"

Limited Liability Company "Debt Agency" Credit Security Center ", LLC" DA-TsKB "

Limited Liability Company "Filbert", LLC "Filbert"

Limited Liability Company "Bureau of Credit Security" RUSSCOLLECTOR ", LLC" Bureau of Credit Security "RUSSCOLLECTOR"

Limited Liability Company "Agency Regional Organization for the Collection of Debts", LLC "Agency R.OS.Dolg"

Limited Liability Company "Stolichnoe Agency for the Return of Debts", LLC "Stolichnoe AVD"

Limited Liability Company "Credit Inkaso Rus", LLC "Credit Inkaso Rus"

Limited Liability Company "Kreditexpress Finance", LLC "KEF"

Limited Liability Company "Phoenix", LLC "Phoenix"

Limited Liability Company "EVEREST", LLC "EVEREST"

Limited Liability Company "TsZ Invest", LLC "TsZ Invest"

Limited Liability Company "Camelot", LLC "Camelot"

Limited Liability Company "Agency for Legal Enforcement and Support", LLC "Agency YuVS"

Limited Liability Company "L-COLLECTION", LLC "LK"

Limited Liability Company "P.R.E.S.K.O.", LLC "P.R.E.S.K.O."

The register of collectors, the unified state register of operating collectors in 2018 © 2015 - IA "Zaym.kom" Mass media certificate EL No. FS 77 - 68179 dated December 27, 2018. After studying the information provided, our specialists will contact you. You can track the status of the application in your personal account at Zaim.com. Access is directed to the email specified during registration.

Collection agencies included in the state register

However, before going to court, it is worth stocking up on evidence of a violation of the law. What to do if collectors are calling If you are not in the mood to communicate with creditors, you can simply not pick up the phone. There is no criminal or administrative liability for this.

• pregnant women and women who have a child under one and a half years old;
• people who are being treated in medical institutions;
• disabled people of the 1st group.

If you do not mind communicating with creditors, be polite and non-abusive.

List of collection agencies included in the register

Attention

Collectors' rights are limited under the new law. Officially, companies are allowed to take actions to collect debts from citizens of the Russian Federation. However, the methods used should not contradict the existing legislation. That is, any threats and, moreover, damage to property are prohibited (this also applies to offensive inscriptions, which collectors often use as a way to influence defaulters).

Law on Collectors from January 1, 2018 No. 230

The collector has the right to meet with the defaulter no more than 1 time a day, 2 times a week and 8 times a month. When and to whom the collectors can call according to the new law. Do collectors sue Many people are concerned about whether collectors can sue if they do not get their money back.

Important

This argument is often used as a way to influence debtors. Indeed, a company can apply to a higher authority, but a person does not face a prison term for non-payment of a loan. The only decision that the court can make is to oblige the defaulter to repay the loan amount (for example, by monthly payments).

26 collection agencies entered the register of bailiffs

Accordingly, there can be no talk of any repayment of exorbitant interest (which debt collectors often try to impose). They can only appoint the payment of a forfeit in accordance with credit agreement... Cannot be sued if the statute of limitations has expired credit document(3 years).

Debtors' rights under the new law Remember that collectors can only call or write to you within 4 months from the date of the delinquent loan. After this period, you have the right to refuse to communicate with employees of collection organizations. To do this, you must write a written application and send it to the bank to which you owe.
The document must include the details of a lawyer authorized to communicate with debt collectors. If an employee of the company violates the established rules (does not appear, threatens or calls at night), a complaint can be made against him.
Unfortunately, Ezaem does not currently accept online applications for Zaim.com. We are sorry for the inconvenience! You can send an application to another organization on similar conditions: List of collection agencies licensed in 2018 FSSP published a list of collection agencies licensed in - 150 agencies entered the state register. From January 1, 2018, to engage in debt collection from individuals can only collection agencies included in the state register of collection agencies.
Citizens can complain about illegal actions to law enforcement agencies and the FSSP, which from January 1, 2018 was endowed with the functions of monitoring the activities of collection agencies. Comments (1)

• Have questions? Lawyers are ready to answer them. It's free.
• FSSP has published a list of legal collectors The list includes 26 collectors.

Harsh remarks can be used against you if the case goes to court. What to do if collectors are threatened in 2018 If your life, health or property is threatened, you need to collect evidence to appeal to the courts. If threats come over the phone or in person, use a voice recorder.
The record is subsequently submitted to the police along with a statement of the threats received. If they try to intimidate you by SMS, save the messages in the phone memory. In the future, they will also be used in court as evidence. You can just ignore the threats if you don't plan to start litigation. List of prohibitions for collectors. Where to complain if collectors call on someone else's loan Most of all inconvenience is caused by calls about someone else's loans.

According to information The World Bank, about 60% of Russians experience difficulties in repaying loans and borrowings. For creditors, one of the options for action is the assignment of claims for overdue debts to collectors. Total control from the outside government agencies are subject to firms included in the register of collection agencies.

Who is included in the register of collection agencies

The state register of the Federal Bailiff Service (FSSP) includes organizations whose main activity is to recover overdue debts. As of 02.12.2019, 315 collection companies are officially included in the FSSP register. All of them are licensed and can deal with debt collection on loans and borrowings.

The Kommersant newspaper reports that the Ministry of Justice, together with the FSSP, has developed a draft law on the inclusion of credit organizations in the register of collectors. As a result, the debt collection market may increase by 1.5 times already in 2020. And the term of pre-trial settlement of the debt will be 30 days.

The FSSP is entrusted with the responsibility not only to maintain the register of collectors, but also to supervise the activities of the collection organizations included in it.

Collection agency legislation

According to Law No. 230-FZ of 03.07.2016, only official collection organizations licensed by the FSSP and included in the state register have the right to work on the return of overdue debts.

Even civilized communication with a collector can cause depression in a debtor who has nothing to pay. And what about shouts, insults and threats? They are illegal and punishable by law.

The law regulates the contacts of the claimants with the debtors, including the permitted actions to recover the delay. Collectors are prohibited:

• frequent calls and meetings;
• disclosure of information about a debt:
• communication with relatives or employer of the borrower without his consent;
• inappropriate manner of communication.

If the collector violates the law, the agency may suffer and lose its license.

Permissible actions of collectors in Russia

Collection agencies are authorized to deal with all types of debt, including debts to banks, microfinance organizations, utilities or insurance companies.

The debtor must study Federal Law No. 230 well and, when communicating with the collector, immediately assess whether he is acting according to the law or his requirements go beyond what is permitted. If a citizen is faced with the second option, it is necessary to immediately take action: write complaints (to the police, Roskomnadzor, the Federal Service for Supervision Service, the prosecutor's office), file a lawsuit.

According to "Parlamentskaya Gazeta" (the official publication of the Federal Assembly of the Russian Federation), the first deputy chairman of the State Duma Committee on Security and Anti-Corruption Dmitry Savelyev spoke about the need to completely ban collection activities. In his opinion, this institution of debt collection discredited itself and completely exhausted itself.

In accordance with legal acts On collection activities, the claimants have the following rights and obligations:

1. Personal meetings, phone calls, messages and mailings to the debtor. Other methods of communication can be used only by written agreement of the parties.
2. Interaction with third parties is possible only with their consent and the written permission of the borrower.
3. The agency employee must introduce himself and name the place of work, as well as the name of the creditor whose interests he represents. The collector is prohibited from hiding his contact information.
4. Communication with the debtor should be for informational purposes only. The collector can issue warnings (for example, about the accrual of interest or the possible seizure of property), but has no right to use force or threaten.

The goal of the collector is to resolve the problem of debt recovery. He must describe the state of the debt and help the borrower find options for returning it, and not intimidate the debtor, not track down his minor children and threaten them.

How the collectors should work correctly:

The main thing is the license

The guarantee of the legal actions of the collection service is that it has a license. The activities of such companies are regulated by law, and the reports are checked by the FSSP twice a year. They may be subject to various sanctions for violation of debtors' rights, up to and including exclusion from the register. Then the violating agency will be deprived of the opportunity to communicate with the debtors, established by law.

How to check if a collection agency has a license

The FSSP website contains a register of licensed collection agencies. The list is regularly updated. A bureau that is not included in the register, but is in contact with the debtor, can pay a fine of 2 million rubles, and then even be closed.

Collection agencies rating

Information portals offer their own ratings of collection firms based on experience, reliability and company reviews. For example, the leaders of the rating from the Aif.ru portal are NJSC PKB and LLC M.B.A.Finance.

Who are "black" collectors

The bureau and companies that are not included in the state register (or are excluded from it) can continue their activities. Their services are used by microfinance organizations and private lenders who are attracted by low tariffs.

Clause 2 of Part 1 of Article 5 of Federal Law No. 230 states that only licensed agencies are allowed to interact with the debtor to recover the debt. This means that "black" collectors have no right to communicate directly with the borrower.

In 2018, the FSSP received 22 thousand complaints about the actions of collectors. Moreover, most of them are associated with the activities of "black" collectors that are not included in the register. The main reasons for the statements are rudeness, obsession and threats to life and health.

As the newspaper "Izvestia" said, the chairman of the Union of Consumers of the Russian Federation Pyotr Shelishch sees a way out of the situation in the introduction of distinctive signs for licensed collectors.

It is necessary to fight illegal "collectors" with the help of law enforcement agencies. The application can be submitted to the following authorities:

1. Roskomnadzor. The appeal is relevant in case of disclosure of personal information or exceeding the limits for communication by phone.
2. The police accept applications in case of damage to property, threat to the life and health of the debtor or his relatives. We must insist that the statement be accepted and that the investigative measures be carried out in practice, and not on paper.
3. Rospotrebnadzor works with violations of consumer rights. For example, the disclosure of personal data, incorrect assignment of the rights of claims of the creditor to the collection agency.

According to the TASS news agency, in October 2019, in the Moscow region, collectors welded the front door of one of the tenants, confusing the debtor's apartment with his neighbor. Requests were sent to the prosecutor's office and the FSSP to revoke the license from the collection company.

How the collection firm was fined for psychological pressure:

The debtor will need to provide evidence of violations: recordings of conversations, videos, testimonies of witnesses, sent SMS and e-mails.

Who are the collection agencies subordinate to?

In case of violation of his rights, the debtor can file a complaint against the claimants. The main authority that controls the activities of the agencies is the FSSP. Complaints are accepted personally from applicants and on the official website of the organization. The term for consideration is up to 3 months. The borrower is required to provide evidence of agency misconduct. In this case, the collection organization will have to check the FSSP.

If the offense has arisen through the fault of the creditor, you can file a complaint with the Central Bank of the Russian Federation. This is relevant in the case of disclosing personal data and banking secrets.

NAPKA also accepts applications. In addition to the evidence of the offense, you will need to indicate the personal data of the plaintiff and the defendant. Complaints are considered within a week.

Collectors want to get access to the debtors' phones:

Ideally, the collector should help the lender and the borrower solve the problem with overdue debt. In fact, not all collectors operate within the law. The debtor can check himself whether the claimant's agency is included in the state register. In case of violations, complaints must be filed with the appropriate authorities. If this does not help, you need to complain to the Presidential Administration and demand that inspections of inactive bodies be carried out within the framework of compliance with the laws of the Russian Federation.