What to do if collectors threaten: basic rules

If a person for any reason loses the ability to pay a loan, the banking organization is making measures to protect themselves from the loss of funds. After several months of independent attempts, the bank, as a rule, transfers the right to recover obligations to third parties, that is, collecting agencies. Representatives of the agencies in turn begin to try to contact the borrower and agree on the payment of financial obligations. Agent activities are regulated by law, and often it is possible to obtain more favorable conditions for paying. It is quite another thing if collectors call with threats or somehow violate the legislation: in such circumstances, it is necessary to act otherwise.

The content of the article

Why start calls from collectors

If a collector agency has been contacted with a person, this means that the bank made an extreme measure to return the debt and transferred the right to recover another organization. The lender has the right to this if a similar measure of exposure is enshrined in the contract concluded when taking a loan. To convey the situation in the hands of the agencies, the organization can be one of two ways:

  • contact as a client, asking to take measures to recover debt;
  • Completely sell the rights to return funds (the so-called cessia agreement), in fact, transferring a loan to the Agency completely.

In the first case, the collectors call with a request to return the means to the bank, in the second themselves become a lender, in front of which the borrower has obligations. This is not a reason for panic, especially if the Agency is conscientious and operates in the framework of legislation - in this case, its employees themselves are ready to meet the client and offer favorable repayment terms.

ГалочкаSee also: Do collectors have the right to call on weekends? Стрелка

How to work collector agencies

If we are talking about a contract with the bank, the activities of the agents are reduced to calls that are convincing a person to pay debt. They do not have any rights to receive funds from the borrower. In the case of Cessia, the Agency provides new details to the Client, may offer its own payments, but with the reservation, that the amount cannot be more obligations that the person already has. Called additional interest and apply their penalties collectors cannot. In case of successful cooperation, the Customer pays the debt to the agency and remains free of obligations.

What are the actions of collectors legit

Immediately it is worth saying: Any good faith agency is interested in a person successfully freed from the loan, and acts in his interest. The activities of collectors are regulated by 230-ФЗ, the law introduced in 2016 and superimposing serious restrictions on their rights. If the agency violates this law, we are talking at a minimum of an unscrupulous organization, which is unprofitable and even dangerously communicate. It may even be scammers planning to get more funds from the client than necessary.

The frequency of calls. According to the rules set out in the legislation, collectors can contact the client:

  • once a day;
  • twice a week;
  • up to 8 times a month.

Everything that goes beyond these framework is a violation. Calls can be carried out from 8 to 22 hours on weekdays, from 9 to 20 on weekends, and the time is calculated on the region's hour belly, where the borrower is located.

Communication and tone. At the call, the employee of the collector agency is obliged to introduce themselves to inform his name and name, the name of the organization where it works. After that, it is possible to start a conversation about obligations, but only within the information that agents provided the Bank. If an employee reports something that the agency cannot know and should not, it makes sense to alert. Agents cannot know your working phones if you have not specified them, and are obliged to talk only within the framework of real information about your debt. A sharp tone, psychological violence, threats and lies about the amount of obligations - not from this collector is not right, and if he behaves like this, the Agency is unfair.

Calls to third parties. Yes, collectors have the right to call not only the borrower itself. But the third parties with whom they can contact are exclusively the people whose rooms you have indicated when signing the contract, provided that they themselves sent consent to the collateral agency. Another collector agency call no right. Moreover, calls can only be accomplished on the number specified in the contract. No one can call your relatives to work or home phone if you have not reported to the bank: this is a violation of the law. Another nuance: if third parties are not your guarantors, to disclose them information protected by a banking secret, the agency has no right. Employees cannot inform the borrower to friends and relatives about the amount of debt, circumstances and terms of payments. If this happened, they violate the legislation.

How to understand that collectors violate the legislation

If you are faced with the agency, acting illegally, it is usually noticeable immediately: representatives act rudely and sharply, call each day, apply pressure and psychological violence, communicate with relatives, report unreliable information or disclosed confidential information. But sometimes such measures begin only later, so it is recommended, barely faced calls from the agency, find out information about it on the network. This can be done using the FSSP registry, access to which is open to all: in the database contains information about all registered agencies. If what is contacted with you, there is no, it is a reason to alert. Combating agents usually do not hide information about themselves. For example, on the EOS website, you can learn everything about how we work with customers. If the organization tries to know about it as little as possible, it is not too good sign.

What to do with threats from collectors

You are not lucky to face the unfair agency, and collectors call and threaten. What to do?

  • The first is not to fall into panic and not be afraid. The first reaction of any person can be ignored, the desire to close and not to contact the agency, but if there is a debt, this approach will not solve anything and will only aggravate the situation.
  • If collectors really violate the legislation, do not take their conditions. Contact the body regulating the activities of agents, that is, in the SRO undercase (National Association of Professional Collection Agencies). One of the main objectives of this organization is to protect customers from illegal activities by agents.

Work with conscientious agencies

EOS recommends people who were in a difficult life situation, do not be afraid of circumstances. Communication with a responsible, adequate collector organization will not worsen your conditions, but on the contrary, to improve them due to the write-off part of the debt, fines and sanctions. If collectors operate within the law - go to meet them. Furnishing constructive communication and willingness to cooperate - a way to quickly get rid of the obligations on the loan, and this rule is valid not only for agents.

НE-site borrowers who refuse to return debt on time are often faced with employees of collector agencies.

Collectors threaten, call relatives, come home, spoil the doors to neighbors, make many other illegal actions. What to do in this case, how to get rid of yourself from communicating with them?

What rights collectors have and what the law says about them

Making a loan, a citizen must clearly realize the need for a timely debt refund. Otherwise, he may encounter funds in court or collectors.

Что делать если коллекторы угрожаютThe last option is most preferred for the financial organization. Turning to the agency, she will be able to return the debt partially, protecting itself from the proceedings with the borrower.

The activities of collectors and their rights to recover the debt are clearly spelled out in the Federal Law No. 230. The agency must pass a state registration, having received the official right to work. Otherwise, employees of the organization are not entitled to demand the return of debts from borrowers.

A special role in the law is allocated to debt recovery methods.

According to Article 4 of the FZ №230, the collectors have the right:

  • Meet with the debtor to conduct an oral conversation, no more than once a week;
  • Call the debtor (during working hours) no more than two times a week and send written notifications by mail;
  • Leave the debtor voice messages;
  • Notify the debtor about the need to repay the debt on SMS;
  • Go to court with a claim for debt recovery;
  • Call and send notifications about the need to pay for the debt to official guarantors signed by the loan agreement

Collectors have the right to call relatives of the debtor's debtor only in the presence of a written consent of the borrower. At the same time, for its part, he may withdraw permission, banning to disturb close. Except are Guarantors .

Call the debtor at night collectors are not entitled, weekends are also no exception. Calls to employers, distributing ads in the entrances, communication with the neighbors is prohibited.

Collectors, according to Art. 7 FZ №230, do not have the right to collect debts from citizens recognized as incapable or bankrupt. The transition of duties on the payment of debt on relatives is also impossible. At the same time, documents confirming the status of the debtor must be in his hands (a copy of the court decision, medical certificates).

When conducting oral conversations, telephone conversations, writing written notifications, employees of the collection agency are obliged to be polite and prudent. Excluded the arrival of threats to the debtor or his close relatives, a deliberate damage of property, its forced withdrawal without a court decision.

Why collectors redeem hopeless debt

Financial organizations, in particular microloans, often turn to the services of collector agencies, selling hopeless debts for troubles. It is beneficial to collectors, because in the event of a return loan, they will be able to get a good income.

Of course, there is a risk of complete non-return of money. That is why collectors begin to act in illegal ways. One of them is the accrual of the fabulous amounts of penalties. This allows you to get super profits without applying special efforts.

In court, collectors practically do not turn. That's great rarity. Drove the debtor by the court they can, but further intimidation does not reach the case. This situation is associated with the high probability of reducing the loan amount and the punishment of the collectors themselves for illegal actions.

If the collectors acted within the law, which is extremely rare, they will be able to return the loan in full. In the event of a debtor's refusal, his accounts, and possibly property, will be arrested by bailiffs.

How to check legally was transferred to collectors

The possibility of transferring debt to the collector organization is registered in a loan agreement. The debtor must realize that the prosecution will lead to a loan assignment. It will be extremely unprofitable for him. Help from collectors on legal grounds is difficult, especially if they act within the law.

The assignment of debt to the collector agency is possible in two versions:

  • According to Art. 382 of the Civil Code of the Russian Federation, the primary lender has the right to transfer a debt obligation to a third party, without obtaining the consent of the borrower;
  • Between the financial organization and collectors, a contract was drawn up, according to the terms of which the right one is transferred to the right to demand a total loan amount from the borrower.

The borrower is obliged to notify the transition of the debt to the collector agency. As a rule, employees of a credit institution make an oral warning by telephone.

In case of ignoring it, a paper notification is sent in the form of a registered letter. If the debtor has not received a warning, he has the right to pay a loan to the previous lender.

Check the legality of transferring debt collectors is very easy, comparing the following facts:

  • Accumulation of a large amount of debt and refusal to pay it;
  • The presence in the contract for the transfer of debt collectors (assignment is possible and without it on the basis of the Civil Code of the Russian Federation);
  • Getting warnings

Sometimes collectors call on someone else's debt, so it is worth clarifying personal data, the number of the loan agreement, the amount of debt. A small difference in the amount of debt, collectors could include fine and penalties in it.

If collectors call and demand to return the accumulated debt, calling the correct number of the contract, while payments were paid in a timely manner, the credit remains should be provided. The borrower has the right to refer to the primary lender to eliminate the error, since its guilt in it is not.

Threats from collectors to relatives: what to do

Most collectors ignore the laws, they affect the debtor by psychological methods, forcing the debt to return.

The most common ways of impact:

  • Threats of violence over the borrower, his child, a close relative entering by phone or SMS;
  • Oral conversations with threats, bodily damage;
  • Small insertion (for example, damage the property of neighbors, the debtor himself, dispubring ads on the need to return debt)

What to do in such cases and where to go? First of all, it should be calmed down. Even if there is a debt on the loan, collectors do not have the right to act like methods. For them, this is fraught with criminal punishment.

Protect yourself and your family, the debtor will be able to contact the prosecutor's office.

However, it will be necessary to provide evidence of threats to their address:

  • Video recording or voice recording of the oral meeting with the collector;
  • Recording conversation by phone;
  • Written testimony (relatives, neighbors);
  • SMS messages with threats sent to the phone;
  • Written notes, awesome announcements, etc.

The debtor should be remembered that the appeal to the prosecutor's office will help him solve the problem with threats, but it will not affect the amount of debt and the need for his payment.

Perhaps collectors will begin to behave more kept, but will continue to demand a return loan and percent on it.

Do the right collectors threaten? Of course not. The handling of the debtor must be held in a business style, without the use of obscene expressions, increasing threats to its address.

Collectors can be applied to the "black list" on the phone, trying to protect themselves from annoying calls. However, there are many similar numbers in the agencies, so blocking one number, collectors will call with several dozen new ones. So, it is not a way out of the situation.

Changing the phone number is also not considered effective. Collectors will be able to find new data through close relatives, neighbors or mobile operators. Sooner or later, they will still begin to demand a return debt again.

How to behave with collectors if they come home

The collectors have the right to come to the debtor home to conduct an oral conversation or transfer to the written notice. However, the apartment (cottage) is private property. Log in without permission, they will not be able under any circumstances. The conversation can be held at the door.

If the debtor admits his guilt, he is ready to pay debt, he will be able to invite employees of the Agency to enter.

If collectors break into the territory of private property, without inviting the owner, at the same time threaten, corrupt injuries and spoil property, they should immediately cause the police. This will give the opportunity to catch the attackers at the crime scene.

Are the calls of guarantors or close relatives

There are several variations of events in which collectors call to third parties demanding the debt to recover:

  • A citizen acted as a guarantor on loan, while signed a loan agreement. In this case, the actions of collectors are legitimate. If the debtor refuses to pay the bills, the guarantor must make it for it;
  • A citizen is a close relative, a colleague for work or a neighbor in the entrance. Microfinance organizations are often asked to leave the data of third parties, while the citizens themselves do not have the fact that their phone number was passed to someone. Result - calls from collectors. In this case, their actions are illegal. A citizen is not a guarantor, he did not sign a loan agreement, therefore it is not responsible for the payment of debt.

There are situations when the phone number is listed by mistake. Collectors call on it and threaten with an absolutely unauthorized person.

Faced with a similar situation, you should not panic. An employee of the agency must be mistaken about the error, to warn about the possible submission of a complaint against the prosecutor's office and recording a telephone call.

Protection against collectors

As such protection from collectors does not exist. It is possible to complain about the prosecutor's office about the illegal actions of the organization, providing evidence. But, the issue with debt payment does not solve it.

The prosecutor's office will find guilty, maybe even punish. However, a dozen others will come to their place. In the states of collector agencies, many employees who are ready to engage in "knocking" credit debt.

After the assignment of debt to the collector agency, it is worth resolving a question in a peaceful way. It should not be avoided to obtain a warning, it is worth going to a dialogue with a new lender, explaining the current financial situation and asking the preparation of a new payment schedule.

If calls from collectors come in erroneously, it is not recommended to join them into a dispute. It should be indicated for the presence of incorrect information, trying to resolve the question in a peaceful way. In case of misunderstanding collectors and continuing annoying calls, it is worth changing the phone number to a new one.

The most effective way of protection against collectors is a timely loan payment. It is necessary to "weigh" their financial capabilities correctly, calculate monthly spending.

Upon receipt of the first warning from a credit institution on the transfer of debt collectors, it is worth a renewal of payments immediately.

Even a small amount paid to the account of the debt will help to solve the issue of a positive way. In this case, the lender does not have the right to relocate the loan to the collector agency.

What if collectors threaten by phone and require paying your debt? How to be if collectors call for someone else's debt? Methods of getting rid of the debtor from threats and pressure.

Do not cope with Natius collectors - contact your specialists! Fill out an application for the services of an anti-collegetor and get qualified assistance at any stage of debt recovery. Take advantage of legal support for issues with credit refund.

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Do you have the right to call collectors, find out simply - request from them (or at the creditor bank) documentary confirmation of the transfer of debt, at the same time looking at the loan agreement if it is not directly prohibited to delegate the authority to recovery, then the Bank has the right to give debt to others. But how to deal with telephone "terror"?

How can collectors call

Where did the debts come from the debt phone numbers in general? Basic data on borrowers are transmitted by the creditor by the Bank, along with other information under the assignment agreement, the right of claim. Everything that the bank knows about the borrower and its obligations, he reports collectors. That is how collectors will learn the phone numbers of familiar or relatives, which were listed in the questionnaire as contact persons.

They also use other ways to obtain information, but these are already unclean methods and if you know exactly that anyone in the bank did not speak the number of the phone of his cousin, you can complain about the collector who calves her. Collectors can call from the hidden number, but at the same time they must be called themselves.

However, you can prohibit receiving calls from unknown subscribers on your telephone or when accessing the communication operator. http://www.consultant.ru/document/cons_doc_LAW_155986/b43629d8551f3444d8bf0ce68ab8baffaa59e070/Legally is established, for what time collectors can call, according to

  • Art. 15 Consumer Lending Act
  • The following frameworks are installed:

from 8 to 22 hours on weekdays;

From 9 to 20 hours - in non-working days.

How often have the right to call collectors, until it is stipulated by law. But in the draft law on collector activity, such restrictions are also provided: the recovers should not call on holidays and on weekends, per day - no more than 3 calls, per month - no more than 10. But today such limits are not established for communication. Communication collectors not with the debtor By law, collectors have the right only to communicate directly with the debtor. This completely eliminates the situation when relatives, colleagues, employer, neighbors familiar in social networks and other unauthorists will be told about your debt. http://www.consultant.ru/document/cons_doc_LAW_61801/925a5b1fa7b1196e0fdbd9e53a346056554e2b50/#dst100213.

If you are trying to tell about someone else's debt, it is worthwhile to shorten the violators

Law on Disclosure Personal Information

What if the collectors came home to relatives (parents, children, former spouses) or to work (in the personnel department, to the boss or colleagues on the office)? - find out who is and from where, demand to be called (you need the name of the collector agency and the FIO of the employee), then it costs to fix the essence of the conversation, calling the witnesses or writing to the camera or the recorder, with violations from the collectors, it will remain only to put them in place, not Touching on a cry and not moving to mutual insults. If they mentioned about a stranger, it must be fixed and complain.

If they come or call collectors for someone else's debt, it is worth noting them that you are not connected with this debtor and do not know where to find it and where he lives. If it does not help, then you should send a written claim to the collector agency and in the supervisory authorities so that you are not disturbed.

How to behave with the threats of collectors What if you pay, and collectors call - talk to the direct lender? Bank transferred your duty to them and now they require repayment of obligations? Agrees about the new chart and share your plans for the return of funds. Debt collectors do not matter what arrangements were achieved between you and the Bank - now you will have to look for a new compromise. What to do if collectors call, but nothing to pay?

In such a situation, it is necessary to convince the collectors to convey the case

, Then you accurately get rid of pressure and will return debts when interacting with bailiffs.

A completely different conversation, if collectors violate and threaten - what to make articles of the law on responsibility (criminal and administrative), but about everything in order:

Other actions of debt chucks may be regarded as hooliganism, vandalism, causing physical harm, slander, penetration into housing, dissemination of information about private life, etc. How to deal with telephone threats?

What if they threaten the collectors with violence or insult the debtor - write threats to the voice recorder, take printouts from telecommunications operators, where repeated calls are specified with a certain number and SMS messages from collectors, invite neighbors or acquaintances to collect testimony.

Based on the assembled material, the application is submitted to law enforcement agencies.

  • What to do with the visit of annoying "guests"?
  • There is nothing terrible in the fact that the collectors will be at home address of the debtor, as:
  • They can come at home address, but there is no login without invitation;
  • They have the right to communicate only with the debtor themselves;
  • other people (relatives, neighbors) they should not report anything;
  • They do not have the right to yell on the whole entrance of your debts and violate the peace of citizens;

You can notify them about the conduct of video recording, which will eliminate the threat or give you a material to handle complaint to the competent authorities;

Collectors are not bailiffs and the property should not describe.

The purpose of their visit is to convey to you information about the need to return debt. Therefore, if you have already received a written requirement to pay debt and came to a certain compromise, they will not go to visit every day, and if they are annoying, they are easy to put in place. Collaborative complaints can be addressed by district police, police, prosecutor's office, piping (collectors' associations), Central Bank, Rospotrebnadzor.

The visit of the collectors can knock out the rut, but if an anti-collegetor comes to the rescue, then you minimize possible problems and experiences about the return of debts. What if collectors threaten? How to behave with collectors?

Collectors are threatened

The purpose of their visit is to convey to you information about the need to return debt. Therefore, if you have already received a written requirement to pay debt and came to a certain compromise, they will not go to visit every day, and if they are annoying, they are easy to put in place. Collaborative complaints can be addressed by district police, police, prosecutor's office, piping (collectors' associations), Central Bank, Rospotrebnadzor.Do you or your loved ones? The question of the activities of collector agencies is still controversial, so you just need to know about their powers and their rights. How to behave with collectors, what to do in a situation if you demand to return debts - own or other people's own, you will learn from this article.

What rights do collector agencies have?

  • In 2011, an attempt was made to legislative regulation of collector activities - the draft law "On activities to recover overdue debt" was published, which until today remains just a project. Therefore, the legality of collector activities is very doubtful today.
  • The collectors themselves are considered differently and the following grounds lead to the proof of their rightness:
  • Article 382 of the Civil Code of the Russian Federation, resolving the transfer of the right to the claim belonging to the creditor, another person under the assignment agreement. And the consent of the debtor on this article is not required: the debtor is only needed to be notified of this fact.

Norms of the Code of Civil Procedure of the Russian Federation (FZ No. 138 dated November 14, 2002).

Law "On Enforcement Proceedings" (FZ No. 229 from 2.10. 2007).

However, these arguments are many lawyers and even some state bodies consider unreasonable. In particular, Rospotrebnadzor has repeatedly paid attention to the illegality of collector agencies. If you analyze the aforementioned article 382 of the Civil Code of the Russian Federation in relationships with other norms of this act, it turns out that it is practically impossible on the grounds specified in paragraph 2 of Art. 385 Civil Code.

True, there is also a legislative act "about the consumer loan (loan)" (FZ No. 353 dated December 21, 2013), article 12 of which officially permits lenders to transfer the rights of claim to other persons. By the way, in it (in Article 15), quite serious restrictions are established for the actions of "collectors" of debts.

So, the collectors are allowed the following contact methods with debtors: personal meetings, telephone communication, postal and telegraph handles, voice and SMS messages. When communicating with the debtor, an employee of the collector agency is obliged to fully introduce themselves, report his position and address of the agency. Any types of appeals are prohibited in the following hours: from 22.00 to 8.00 on weekdays and from 20.00 to 9.00 - on weekends. Other actions aimed at ensuring debt repayment, as well as abuse of their rights and damage to the debtor collectors are prohibited.

  1. Sale of debts of individuals collectors
  2. How do bank customer debts fall to collectors? Two situations are possible:

The bank does not convey the debts themselves, and hires collectors only in order to not engage in "knocking" debt: this work collector agencies perform more efficiently. Thus, you were the debtor of the bank, so they remain, the collector is a kind of mediator between you and the bank.

The bank is reserved (sells) your debt collectors, and from now on you are already their debtor.

Is the latest scheme legally? This is the same controversial question as the activities of collector agencies in general. If we talk about judicial practice, the question is usually solved on the basis of the conditions recorded in the loan agreement: if it is prescribed by such a sale, then there is a high probability that the County Claims court consider justifiable. If the contract does not contain such conditions, the concession can be quite successfully challenged in court.

In any case, having received information about the assignment of your debt, you need to receive official evidence of this fact: copies of the concession and all documents related to your loan. Before receiving them, according to Art. 385 of the Civil Code of the Russian Federation, you do not have the right to demand debt. Call collectors - how to behave? So, you got into an unpleasant financial situation, and you call or

  1. Threatens collectors
  2. . How to react to their obsessive "attention" to your person, what should be done, but what not? First, you should not worry too much, try to keep calm, although it is not very easy. We advise you to adhere to the following rules:
  3. Do not start the conversation with the collector until the employee has introduced. He is obliged to report not only the name and surname, but also his position, as well as name the company (indicating its phone or coordinate), on behalf of which he acts.
  4. Call back to the collector agency called by an employee and specify the information about the caller.
  5. Specify the bank to whom you owed, whether your debt was really passed to this agency. Create it to prove it documented.
  6. In no case, do not give the collector any extra information - neither about your property, nor about relatives or about the place of work, etc. Do not sign any papers.
  7. It is very desirable to record all conversations on the voice recorder. By the way, you can immediately warn about this collector - in this case, it is most likely to behave penetrate. No one has canceled an article 5.61 Administrative Code, prescribing responsibility for insult.
  8. What to do if the collectors are threatened? If you or some of your family members threaten, contact the police and the prosecutor's office: for such actions, criminal liability is provided, for example, in Article 163 of the Criminal Code of the Russian Federation dedicated to extortion and blackmail.
If the pressure from the collectors is too much and you have the opportunity - seek assistance to lawyers who have experience doing with collector agencies.

Write a complaint about too annoying collectors to Rospotrebnadzor - as you already know, this body considers their activities illegal.

  • Decalement for someone else's debt
  • Agree, one thing is unpleasant contacts with collectors for your own continuity (if you yourself made a debt), and completely different - if you need to return someone else's debt. And this also happens: for example, if you agreed to be a guarantor. How to be in this case? It all depends on the situation.
  • If you are a loan guarantor who took your friend or relative and could not pay, then, unfortunately, you are obliged to return the balance of debt. In this case, the lender has the right to demand money from both the defaulter himself and with the guarantors. However, it will be able to pay off debts only the court and only in the amount that will be awarded. Keep in mind that, having received a court decision in the hands, you can also in court, to demand awarded the amount from your acquaintance that took and not returning a loan.
  • There is another situation: you are required to return money on the loan of your relative, but you were not the guarantor. Such a debt you do not have to repay. True, there are some subtleties here. If you have come intoherited and the testator had debts, they will still have to pay. As for the degree of relationship with the debtor, you are not obliged to "pay" for parents, children, brothers and sisters. But the spouses are responsible for general obligations. But you should always remember that even in the "hereditary" or "marital" debts, you are obliged to pay only by the court decision, and no earlier.

There is another, rare enough, situation: you are treated for the debts of a person who do not know at all. This may happen as a result of an error, or a debtor intentionally left a foreign phone when issuing a loan. The way out of this situation is very simple: you need to contact a bank with a written statement and the statement of this circumstance. According to the results of the consideration of the application, you will also receive a written answer of the bank, which will indicate that you do not have debts in front of him. And, finally, if collectors are addressed to you, remember - did you lose a passport or other documents and have you been treated in a timely manner about this issue in law enforcement agencies? In any case, if the loan you have not been issued, but your data in credit documents are specified, write statements to the bank and to the police. We summarize the foregoing: if you

Collectors are threatened

kredit adv24, Try not to panic. Get written evidence of your debt from them or bank. In the case of inadequate Khamsky circulation, we will not firmly communicate that you will not communicate on this topic before the court decision. In case of threats, blackmail boldly contact the police. Be sure to fix all the conversations on the voice recorder, get a printout of calls from the telecom operator. And henceforth - be attentive, prudent and mandatory.

What to do if collectors threaten

To competently respond to the threats of collectors, first of all, you need to deal with how they relate to your loan. Remember that you have entered into a loan agreement with the bank, and not with the collector agency. Depending on which legal relations are associated with bank and collectors, you should take various actions. In any case, keep in mind that threats and extortion are prohibited by the Criminal Code of the Russian Federation and must be prosecuted.

Find out from collectors what company they represent and on the basis of what worried you. If a bank with collectors is concluded only a agency agreement, talking with collectors absolutely nothing about anything. Agency agreement, in fact, only gives collectors with authority to inform you about the presence of debt. In this case, answer all collector calls: "All questions through the court", - and hang the phone. It is even better to add collector numbers to the phone "black list" of the phone and do not pay any attention to them.

Helpful information

Also, collectors love to send threatening SMS messages with the text of approximately this kind: "You prepared a group of departure", "Tomorrow at 13:00 be at home and prepare the property for inspection," "Your case is transferred to the Department of Strengthened Decision", etc. Pay attention to these SMS messages and do not respond to them, you can even block them with challenges. If you still received such messages, it is better to save them in the phone's memory - they can come in handy if it comes to a credit lawyer.

To competently respond to the threats of collectors, first of all, you need to deal with how they relate to your loan. Remember that you have entered into a loan agreement with the bank, and not with the collector agency. Depending on which legal relations are associated with bank and collectors, you should take various actions. In any case, keep in mind that threats and extortion are prohibited by the Criminal Code of the Russian Federation and must be prosecuted.

In case the collectors came to your home, it is better not to open the door at all and the more unrivalent guests in the apartment. If they begin to behave rudely and threaten, immediately call the police and report that they are afraid for their lives and health. No matter how much things are with your loan, do not be afraid of the police - they are absolutely not concerned who and how much should (this is a matter of bailiffs and only after the relevant decision of the court).

So, what to do if collectors threaten you, in terms of the right and anticipation of such threats? Of course, complaining about it! Starting stands with the preparation of a statement of violation of the rules for processing personal data and review of consent to their processing. Practice shows that this document is often enough to significantly reduce the "races" from the collectors.

If collectors threaten you and / or your relatives, the police, the Investigative Committee of the Russian Federation and the prosecutor's office are known. Naturally, you must not rely on emotions, and fix all the facts associated with these threats. For example, if collectors threaten by phone, recording a conversation and transcript (decoding) of this entry. Attach this decryption to your statements.

In each law enforcement agency, it is necessary to complain about the specifics of its specifics and activities. Contrary to the problem, it is impossible to make one text of the complaint, stuffing in it everything that occurred to him and serve it everywhere. It is necessary to write briefly, clearly, from the position of law, not emotions. Do not write a lot and tediously. Psychologists occupy psychological health, and the task of law enforcement is to follow the observance of the law. The only thing you should describe in detail - how exactly and who specifically violate your rights.

The content of the complaint depends on exactly how collectors threaten you. If they call you at night, spread leaflets and threaten life and health, please contact the police. After submitting the application, you must give a notification to you, by which you can find out the fate of your application.

If collectors frankly extort money from you, this situation is under investigative committee. Describe your situation, if possible, give it legal qualifications and apply. The course of work on it can be recognized by the number assigned to it.

In case the collectors not only threaten, but also illegally use your personal data, contact Roskomnadzor. This instance should be submitted that your data has become known to third parties that can be qualified as an offense or a crime.

To competently respond to the threats of collectors, first of all, you need to deal with how they relate to your loan. Remember that you have entered into a loan agreement with the bank, and not with the collector agency. Depending on which legal relations are associated with bank and collectors, you should take various actions. In any case, keep in mind that threats and extortion are prohibited by the Criminal Code of the Russian Federation and must be prosecuted.

You can go to the prosecutor's office for a personal reception. Be prepared to list all the facts: how did the collectors threatened you, what did you do and what it led to. Have copies of your statements filed to other law enforcement agencies with them. Specify exactly how you should make a statement.

Of course, the most reliable way to protect yourself from threats of collectors is to turn to a loan lawyer. This is the best choice for sleeping calmly, without fear for yourself and relatives, and do not shake from every shadow. We recommend that you come to a personal reception to a lawyer who will analyze the features of your situation and give subject recommendations for further steps. Such a service is charged, the cost depends on the complexity of a particular situation and the required amount of work.

Despite the adoption of a law governing collectors, borrowers continue to hear threats from the recovers. If collectors threaten, you need to act, otherwise the terror will be infinite. Perfect these actions on the root.

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Collectors threaten to sue and pick up the property

It is found quite often. The recoverer calls the debtor or writes to him letters, threatens to come and pick up the property, go to court and the like. But in fact it's all - an empty sound, no one will come to you.

Collectors are unauthorized withdrawing property. Call values ​​for debts can only bailiff after the bank appeals to court. Only debt owner can also be submitted to the court, that is, a credit organization. The only exception is if the debt is sold by a collector firm. This happens if the bank cannot recover the debt for years, the borrower's debt transfer is reported in writing or by telephone.

Of course, the most reliable way to protect yourself from threats of collectors is to turn to a loan lawyer. This is the best choice for sleeping calmly, without fear for yourself and relatives, and do not shake from every shadow. We recommend that you come to a personal reception to a lawyer who will analyze the features of your situation and give subject recommendations for further steps. Such a service is charged, the cost depends on the complexity of a particular situation and the required amount of work.

What to do?

Ignore the situation, you have nothing to fear. This is the standard intimidation practice.

If the collectors are threatened by phone

  1. Also a standard situation. If the bank borrowers face it not so often, then the clients of microfinance organizations will not envy. Often the MFIs attracts not very well-ordinary agencies, which all ways want to recover debt - they receive the percentage of what will pay the debtor.
  2. How to behave if the collector calls you:

Ask him to introduce yourself. Find out the interests of which bank it represents, on behalf of which agency it works. By law, the calling is obliged to provide you with this information.

Turn on the speaking voice recorder - this function is in all modern phones.

  • All this will be needed to submit a complaint. If the collector does not appear, calls from the hidden number - these are all violations of the legislation, but without this information you can send a complaint. But the evidence will be needed, without them, the check will be unsuccessful.
  • Where to handle in case of threats:

What to do?

Collectors are unauthorized withdrawing property. Call values ​​for debts can only bailiff after the bank appeals to court. First of all in the police. If collectors call and threaten, you need to write a statement, for this criminal liability is envisaged;

Of course, the most reliable way to protect yourself from threats of collectors is to turn to a loan lawyer. This is the best choice for sleeping calmly, without fear for yourself and relatives, and do not shake from every shadow. We recommend that you come to a personal reception to a lawyer who will analyze the features of your situation and give subject recommendations for further steps. Such a service is charged, the cost depends on the complexity of a particular situation and the required amount of work.

to the prosecutor's office. If you call with hidden numbers, do not seem to call at night, do not comply with the number of permissible calls by law (more often than once a day, two times a week, 8 per month).

Take care of the evidence: save voice recorder recording and messages, when applying, take the detail from the operator. The earlier you send the complaint, the faster the threats will end.

If collectors call for relatives and loved ones

To affect the debtor, the recovers begin to call citizens who are indicated in the loan agreement as contact persons. Usually there are close friends and relatives, and they are "hit" in case of delay. By law, banks and collectors do not have the right to disclose information about you and your debt to third parties, therefore such actions are violation of the law.

  • If the collector threatens relatives - it is actually a double violation of the legislation, therefore
  • Complaints need to be submitted to the following instances:
  • to the prosecutor's office (just for the very fact of concern about the debt, to which no one has no relation to the borrower);

to the police (if there is a fact of proven threats);

Of course, the most reliable way to protect yourself from threats of collectors is to turn to a loan lawyer. This is the best choice for sleeping calmly, without fear for yourself and relatives, and do not shake from every shadow. We recommend that you come to a personal reception to a lawyer who will analyze the features of your situation and give subject recommendations for further steps. Such a service is charged, the cost depends on the complexity of a particular situation and the required amount of work.

in Roskomnadzor.

The statement of the debtor is submitted to the prosecutor's office and the police, because unlawful actions are applied against it. Roskomnadzor addresses the borrower himself - about the disclosure of information about him and his debt (here it is necessary to contact if the collectors go through the neighbors).

Collectors are unauthorized withdrawing property. Call values ​​for debts can only bailiff after the bank appeals to court. If the threats of collectors turn into life

Of course, the most reliable way to protect yourself from threats of collectors is to turn to a loan lawyer. This is the best choice for sleeping calmly, without fear for yourself and relatives, and do not shake from every shadow. We recommend that you come to a personal reception to a lawyer who will analyze the features of your situation and give subject recommendations for further steps. Such a service is charged, the cost depends on the complexity of a particular situation and the required amount of work.

In practice, there are more and less, there are cases when collectors apply the real physical impact on the debtor, but there is exceptions. Usually, if the collector threatens with a violence, it is an empty sound, just intimidation. But there are also such recorders who are moving all the features to collect more debts and get a good prize.

If you hit you if the recovere spoiled your property, immediately call the police: such situations need to be solved "hot pixels". How else to influence collectors

  1. The more complaints you feed, the more chances to be heard. If negligent collectors threaten you, you can contact not only the police and the prosecutor's office,
  2. Be sure to direct information on unlawful actions to the following structures:

Pip. This is a collector association, which can conduct an internal investigation and punish the provincial agency.

FSSP. This is the support service, it was she who became the supervisory authority over all collecting firms. Always in parallel to appeal here in all violation. FSSP reveals illegal actions and punishes the agency with fines or at all takes the rights to activities in the field of recovery. In addition, each borrower may refuse to communicate with collectors, and it does not matter, they threaten him or not. 4 months after delay, it is possible to send a statement to the collector firm a statement of rejection. Notarially, it is not necessary to complete anything, an example of the application can be found on the Internet. After receiving the statement, collectors should continue by law: if they are not behind - a direct path to the prosecutor's office.

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What if the collectors are threatened?

Refinancing implies the design of a new loan, which will be used to fully repay debt under current credit obligations ....

What to do if the collectors are threatened? Financial problems make people make loans. However, it is not always possible to cope in time with their repayment. Naturally, banks are interested in returning the amount provided with all the necessary accruals. They often entrust work with debtor customers to intermediaries. People who received loans sometimes do not know what to do if collectors threaten.

Our lawyer is engaged in the issue of debtors and problem debts, protection from collectors professionally will be built with it. You only need to sign up for a consultation.

The actions of the collectors are sometimes driven away from the most resistant of us. They make it take new loans to pay off debt to their bank, torment the calls of close relatives, friends and even the employer. In our law office, such trusts who were afraid to produce children from the house, after all, on the street "Karaulut" collectors, and such actions are already falling under Art. 163 of the Criminal Code of the Russian Federation (extortion, under the threat of violence). Let's figure it out, and whether such actions of the collector agency are legal? Worried collectors, what to do?

  • The legislation of the actions of employees of specialized companies is limited. They are authorized only to resemble debtors about the unpaid amount by telephone calls or deposition of visits at the place of residence. Moreover, to communicate with customers of banks, they are found only at the set time of day, that is, they cannot disturb debtors at night.
  • Puliar actions in the threat from the collectors
  • If the collectors call threaten, it is advisable to prepare a voice recorder to write a telephone conversation. It is very convenient to have a device with a recording device that instantly fixes the entire communication process. In the process of the conversation, it is important to establish the exact address of the collector agency. The conversation can only be held with a person who will provide full business information about himself;

Что делать если угрожают коллекторыSometimes collectors threaten violent. For such actions, they may incur deserved punishment. To do this, contact the police station with a statement and an audio recordings attached to it, we will help you to make an effective complaint about collectors to the prosecutor's office. After telephone conversations with threats, you can not even open the door to the gifted "to visit" collectors;

Most debtors do not know where to contact if the collectors are threatened with relatives or close friends. Such actions of specialized services are regarded as disclosing bank secrecy, so you can safely write an application to the prosecution authorities. Our lawyers advise not to pay attention to empty collections of collectors, since this is a kind of psychological impact on a person.

Most often, collectors threaten by telephone, so you can simply interrupt the conversation if there is no desire to develop these circumstances in law enforcement agencies. Credit debt is not a crime. A simple change of the phone number is certainly able to help you muffle calls for a while and however, you need to fight collectors in other things. Namely: submitting an application to the prosecutor's office to initiate a criminal case; Submitting a complaint to Rospotrebnadzor and other control organizations. After such actions, calls will catch, and your nerves will be restored. Useful

: Watch the video on the question, how to behave with the collectors, what to do when collectors call and do not live quietly, write your question in the comments for the advice of a lawyer

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Sample application to police for collector calls

In the police department number 3 of the Ministry of Internal Affairs of Russia

in Ekaterinburg

Yekaterinburg, ul. Ural, d. 70a

From

AT.

Statement

to the police on the actions and threats of collectors

A loan agreement was concluded between me and JSC "Bank Russian Standard". For this contract I have indebtedness. Recently, I systematically call me the staff of the Department of Pre-trial recovery with the requirements of returning the debt on the loan agreement. Requirements are carried out in the form of threats. Employees of the said agency call not only me, but also my wife, neighbors, as well as the employer, talk in gross form.

In accordance with Art. 382 of the Civil Code of the Russian Federation, by virtue of which the assignment of the claim by the creditor to another person is allowed if it does not contradict the law, other legal acts or the contract (paragraph 1); Not allowed without the consent of the debtor assignment of the claim for the obligation, in which the personality of the lender is essential for the debtor (paragraph 2).

Despite the imperative prescription of the legislator Bank of Russian Standard, violated these provisions and transferred the right to demand the debt on the loan agreement to employees of the Department of Pre-trial.

Debt and did not exure me in view of what I do not have enough cash for payment. On the specified circumstances, I repeatedly reported to the workers of the department, but did not follow any result. As a result of unlawful actions of the staff of the Department of Pre-trial, the peace and well-being of my family are disturbed.

The activities of the Department of Pre-trial recovery in the person of employees threatening me are subject to the signs of Article 163 of the Criminal Code of the Russian Federation - extortion, that is, the requirement to transfer someone else's property or the right to property or committing other actions of a property nature under the threat of violence, or destruction or damage to someone else's property, and equally Under the threat of disseminating information that makes the victim or its loved ones, or other information that can cause significant harm to the rights or legitimate interests of the victim or its loved ones.

To establish signs of extortion composition, it is necessary that the victim presented the requirements of the transfer of property. From the side of the Department of Pre-trial recovery, these requirements in relation to me, my relatives received many times.

  • Based on the above and guided by Article 128.1 of the Criminal Code of the Russian Federation Art. 20,43,44, 318 Code of Criminal Procedure,
  • ASK:
  • To initiate a criminal case against the staff of the Department of Pre-trial threatening me

Make a criminal case for its production and to attract criminal responsibility under Part 1 of Article 163 of the Criminal Code of the Russian Federation - for extortion

Most often, collectors threaten by telephone, so you can simply interrupt the conversation if there is no desire to develop these circumstances in law enforcement agencies. Credit debt is not a crime. Recognize me in the criminal case of the victim

Date, signature

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Lawyer for protection against collector actions in Yekaterinburg

Most often, the borrower of money becomes a victim of circumstances. Of course, the resulting amount must be returned, but for this you can make a debt restructuring program in a banking institution. Our lawyer for banking and credit disputes has repeatedly compiled at the request of the proposal to the restructuring of the loan to the individual in various banks of Yekaterinburg and the Sverdlovsk region.

If the debtor does not know what to do if collectors call and threaten, then you can seek help from our lawyers. Our debt lawyers will be able to help each client. They will make a proper appeal to the police or the prosecutor's office. A professional lawyer can be consulted on any situation associated with illegal actions of employees of collector agencies.

Read more about the work of our lawyers:

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