There is a loan debt and you don’t know how to negotiate if you are threatened? What to do in such a situation? The answers to these questions are in the article.
Nowadays, loans have become popular. After all, now you don’t have to collect money for years to purchase various equipment, cars, furniture and even housing. Many people, having stable earnings, prefer to make a deal with a bank that will provide the necessary amount for certain needs. But it happens that there are financial problems, and making payments on the loan becomes impossible. No one is safe from this. In rare cases, the bank may meet and give a delay or offer to conclude a restructuring agreement with a reduction in the interest rate on the loan.
However, this is rarely practiced. Most often, bad debts are transferred to collectors. And they are already engaged in the return of money. At first, such organizations simply remind you of the repayment of the loan, however, if the borrower does not have the opportunity to pay off the debt, they radically change their tactics, turning to threats. Basically, communication comes down to phone calls. But it happens that collectors come home to the debtor and openly violate the law. Has this happened to you already? Do not know what to do if they threaten you? What to do and how to communicate with them? We will turn to professionals for answers.
Collectors - who is it?
A person called a collector is either an employee of the organization or an individual entrepreneur. He can begin his activities only after concluding an agreement with the bank. His job responsibilities include returning outstanding debts. Collectors can only be used if the loan is assigned an overdue status. These employees work for a fee.
Activities of collection agencies
Not sure what to do if collectors threaten? You can contact a lawyer or independently study article No. 353 of the Criminal Code. It refers to consumer loans. It states what responsibilities are assigned to the collectors, as well as what powers they have.
The organization engaged in this type of activity, or its employees, must adhere to established rules.
- Collectors have the right to send letters or messages to a cell phone, notifying in this way of arrears. They may contain information on possible sanctions. Also, personal meetings and telephone conversations are allowed to communicate with the debtor.
- An employee involved in the repayment of a problem loan is required to be named (last name, first name, middle name). Provided that if he is a member of the organization, inform her name.
- Collectors do not have the right to work with the debtor (make calls, make appointments) from 22:00 to 08:00 on weekdays and from 20:00 to 09:00 on holidays and weekends.
Collector Rules
Don't know how to react if you are threatened? What if collectors rang the doorbell? The main thing is to stay calm. Do not be nervous and especially shout at them. The work of these people is mainly in psychological pressure on the debtor. In order for the conversation to be as effective as possible, it is important to maintain a bright mind when communicating. Situations when collectors in reality move from threats to actions are extremely rare. But you can still protect yourself if you are threatened. What to do when they scare you with physical violence? This behavior is illegal.Therefore, it is recommended to record a visit to the camcorder. Better yet, if possible, gather as many witnesses as possible.
How to protect the debtor?
Collection agencies do not always act in bad faith. Some of them work without breaking the law. They respect the debtor. Looking for compromise debt recovery solutions that fully satisfy both parties. But there are those who do not disdain in all possible ways. For them, the normal thing is blackmail and threats. Although they know that in fact they cannot fulfill them. This is the so-called psychological device.
Knowing about the incorrect behavior of collectors, sometimes banks threaten in this way. What to do if a similar situation arises? The main thing is not to panic. Whatever the bank employees say, they do not have the right to apply sanctions not provided for in the contract. If the debt is problematic, that is, for more than three years, the debtor does not make payments, the creditor has the right only to sue. The bank cannot independently resolve the confiscation of movable or immovable property (if it is not in a pledge).
So if you are threatened? What to do if frank insults, blackmail or intimidation with physical harm are heard? Such behavior is punishable by law. The laws of the Russian Federation contain articles that clearly state that any insult to a person’s identity, blackmail, extortion, and other illegal actions are unacceptable.
Are there threats?
Where to contact if collectors or bank employees exceed their authority? Borrowers (even with overdue loans) should not put up with their illegal actions. Alternatively, you can file a complaint with Rospotrebnadzor. Applications are accepted from individuals both in the representative office and on the official website. If this does not help and the bank threatens, what should the debtor do? You can contact the law enforcement authorities. To do this, you will need to have evidence of illegal actions. These include telephone recordings, threat messages, letters, and witness statements.
It is important to understand that fraudsters may introduce themselves as bank employees or full-time employees of a collection organization. How they receive data about the borrower is not known for certain. However, we can safely say that this was done illegally. Naturally, their actions to extort debt are a direct violation, for which a penalty is prescribed. In such cases, as a rule, it is enough to write a statement to law enforcement agencies, and calls from fraudsters will immediately stop.
Threatened by court? What to do in such a situation?
The bank has the right to sue the borrower who does not repay the loan. Such actions are quite legitimate. The relations of the creditor and the debtor fit into the framework of civil law. Naturally, no criminal liability for non-payment of funds is out of the question. Responsibility will be limited only by administrative punishment, that is, late fees, fines. Therefore, if threatened by a court, one must agree. And there are many reasons for this. First of all, the debtor will be 100% sure that all sanctions are applied by the bank legally. Most often, when applying to the court, the creditor has to fix the amount. The decision made in the case of the borrower will be made on the basis of its income. Therefore, sometimes a debt can be paid over several years without accruing bank interest, fines and other things.
Collectors are threatening by telephone. What to do?
For a loan whose payments are past due, the borrower will still have to pay the debt. Therefore, there is no point in deliberately delaying. However, when a debt is frankly beaten out, humiliating and insulting, intimidating, it is necessary to learn how to properly talk with collectors or bank employees.Most often, communication with representatives of the lender is carried out through telephone calls. How should the debtor behave?
- Specify the name and position of the caller, the name of the organization. If this information is hidden, then there is no point in continuing communication.
- Be sure to turn on the recorder, warning the other person.
- It is important to make sure that you do not communicate with scammers. To do this, just find out the phone number of the collection agency whose representative called you. Dial and clarify information yourself.
- After the first call, you must contact the bank. Clarify the amount of debt and find out if the case was transferred to the collectors, and which ones. This information should not be hidden from the borrower, as the bank is interested in repaying the loan. It is recommended to get the appropriate documents on hand, and not be limited to just talking.
- Never disclose information about relatives and friends, as in the future threats may come to them.
- If the collectors make calls even at night, then do not forget about such an option as a “black list”. This, of course, will not stop the callers, but at least you can get enough sleep.
- It is good to consult with a lawyer about threats and other illegal actions. A qualified specialist will tell you which articles violate the collectors. And at the next calls you can safely refer to them. Perhaps this will cool the ransomware somewhat.
Conclusion
So, from this article you learned what to do if credit collectors threaten. Often the employees of such organizations do not adhere to morality and violate the law, exceeding their authority. Of course, the fastest solution will be only full repayment of debt. But if there is no way to do this, then know - you can protect yourself by applying to the law enforcement authorities.