In the modern world, some citizens simply cannot imagine their life without using loans. Indeed, with money borrowed from a bank, one can buy what one wants and not save up for it for several years. Nevertheless, there are such unpleasant situations when money needs to be returned, but they are not. Does the bank have the right to call the debtor's relatives in this case? The answer to this question will be positive only in that situation if the borrower indicated in the loan agreement the telephones of his immediate family or the bank cannot reach the last. Read more about all this in this article.
Briefly about the main thing
It often happens that a person who borrowed money from a bank then simply cannot repay a loan to a credit institution. Usually this happens only for one reason - the debtor does not have the funds, and he cannot fulfill his obligations. But what, then, does the credit institution begin to do?
Does the bank have the right to call the debtor's relatives if their phone numbers are not specified in the contract?
First of all, it must be said that the employees of a credit organization first begin to call the debtor and demand a refund. In the event that the borrower does not get in touch, the bank tries to transmit information to him through his relatives. But if the debtor did not indicate their details in the contract, none of the relatives is a guarantor of the loan, then they have no right to disturb the latter. This must be remembered.
What you need to know
Does the bank have the right to call the debtor's relatives? The answer to this question will be mixed. Because when a person wants to take out a loan and get approval of his application, he, by his own indiscretion, not only informs the bank of all the information about himself, but also provides the contacts of his relatives and friends. Is there any need to do this? Everyone decides for himself, but if the borrower himself communicated the contacts of his relatives for communication, then do not be surprised then that the bank will call them in case of non-repayment of the loan or delay in payment under the loan agreement. This circumstance must be taken into account.
In the event that the borrower did not give the bank the numbers of his relatives, the employees of the financial organization have no right to disturb the latter at all. If this happens, you need to seek protection from law enforcement agencies.
For information
Does the bank have the right to call the debtor's relatives and in what cases? The answer to this question worries many citizens who are faced with a similar problem.
The bank has the full right to call the debtor's relatives if:
- their number was indicated in the loan agreement as contact information for communication;
- the close person is the guarantor of the loan or the heir of the debtor;
- the borrower does not get in touch, and it is not possible to get through to him.
Therefore, before applying to a financial organization for a loan, the borrower should think about whether he really needs it, whether he can repay the loan to the bank.
Surety Relative
Many credit organizations prefer to give loans only to trusted customers. For example, Sberbank approves loans without income certificates only to those who receive a salary or pension on the card. It is right. Indeed, in such a situation, the bank can immediately see the solvency of the borrower.
Nevertheless, if the amount is especially large, then the citizen may need a guarantor for approval and issuance of a loan. They very often become a close friend or relative. Nevertheless, each guarantor must remember that in case of non-repayment of the debt by the borrower or its insolvency, the remaining loan amount will have to be paid to the latter. This happens quite often.
Does the bank have the right to call the debtor's relative if he becomes a guarantor of the loan? The answer in this case will be positive. Indeed, in this case, the person himself assumed responsibility for the obligations of his relative. For the bank, the most important thing is that payments on the loan arrive on time, then there will be no problems and no one will call anyone. This must be remembered.
FAQ
Does the bank have the right to call the relatives of a client who has taken a consumer loan and does not want to return it? As mentioned earlier, a financial institution may contact its borrower’s relatives if they left their phones when completing the contract or if one of the latter is a guarantor. Otherwise, the calls of bank employees will be illegal. You need to know this rule.
Can a bank call the debtor’s relatives at night? Of course not. Even if the borrower left his relative’s phone number when applying for a loan, bank employees can call only from 8 a.m. to 10 p.m. on weekdays and from 9 a.m. to 8 p.m. on holidays and weekends. This rule is spelled out in article 15 of the Federal Law "On Consumer Credit".
In the event that bank employees do not comply with the requirements of the law and call at night, you can contact the police with a statement about hooliganism. Although in practice this happens very rarely.
If the debtor died
Credit organizations insure themselves and therefore try to issue large amounts of cash only to those borrowers who have a stable financial position and have some valuable property in their possession.
Many banks offer credit insurance so that in case of death or insolvency of the borrower, the insurance company will pay its debt. But not everyone agrees.
Can banks call a debtor’s relative demanding repayment of the latter’s loan if he has died and has not paid the debt in full? This is allowed only if the close person of the borrower is his heir and has inherited all the property and debts of the deceased. But to demand repayment of a loan from the deceased from him only six months later, when the relative enters into inheritance rights. This is the order.
In the event that a relative of the deceased debtor refused the entire inheritance, he is not obliged to repay the debts to the bank. This must be remembered.
What to do
Does the bank have the right to call the relatives of the debtor on the loan if the latter did not indicate their numbers as contact numbers for communication when drawing up an agreement with this financial institution? The answer here is no. Moreover, if the bank’s employees call the debtor’s relatives who have an account with the same financial institution in which the latter took the loan and require them to provide information on the location of the debtor in order to repay the loan, then such requirements will be considered illegal. In this case, you just need to tell the bank representative that he no longer bothers, and disconnect.
You need to enter into a conversation only if the debtor himself asks for it. For example, he is in a hospital and does not have a telephone with him.
How to conduct a dialogue
If the debtor’s relatives call from the bank, what should be done last in this situation? The main thing is not to panic, but to conduct a conversation with an employee of a credit organization is very tactful. Do not answer the questions of a bank employee regarding the payment of debt by a close relative. Moreover, there is no need to promise anything.
Of course, if the bank employees call the husband or wife of the debtor on the loan, then the latter can say that the spouse will return the amount at a certain time. Especially if the loan was spent on the needs of the family. But to give some more detailed information about the debtor is not necessary.
In a dialogue with a bank employee, a relative of the borrower can say that he will transfer the information received from the conversation to the debtor, and he will call the credit department of the financial organization. This is the end of the conversation.
Conclusion
Here I would like to say once again that before you take on financial obligations to the bank, you need to think about whether the person really needs this loan. Does he have the means to pay the debt later and not be a malicious payer? After all, anything can happen. Today, a citizen has a job and a stable income, and tomorrow he was fired, there was no money, and the bank requires repayment of the loan.
Is it necessary to take on such responsibility and indicate the numbers of relatives in the contract with the financial organization? You need to resort to lending only in a very difficult situation, when there is no other way. And you should not take one of your relatives as guarantors, so as not to ruin your relationship with him later.