Are the collectors decided to “knock out” the debt and are called to work? Well, they would - they spoke with the debtor. But they told the whole office: Ivanov does not pay the loan.
Unhappy Ivanov understands: this is a violation of his rights. And what to do - does not know. Can collectors call the debtor to work? Now let's talk about it.
Who are the collectors?
Before you start talking about collector rights, let's find out who it is. Collectors are legal entities that redeem overdue payments from banks and require repayments from debtors. Why do banks need this? Working with collectors is cheaper than doing overdue loans on your own.
It is legal?
Previously, the transfer of personal data to a third party was illegal. Now banks are doing it tricky: they indicate in small letters in the loan agreement that they have the right to transfer information about the borrower to third parties. Have you signed such an agreement? Be prepared for the fact that in case of debt to the bank, collectors will begin to demand its payment.
Collectors call to work, what should the debtor-employee do? About it below.
Collector Rights
About the hooligan actions of collectors heard. Sometimes you go to visit, you go into the porch, and there - an inscription in the entire wall with threats. They demand from Petrov from 2 apartments to repay the debt. This is the work of collectors.
Do collectors have the right to call to work, come home, paint walls in the stairwell - in general, interfere with the full life of the debtor?
- Calls can be made from 8 am to 10 pm. On holidays, collectors can call from 9 a.m. to 20 p.m. This may be the personal telephone number of the debtor or home.
- They may meet with the debtor. But the initiative should come from the latter. A good office dealing with debtors will never allow itself to rush into a person's house. Meetings are held either in the office of the collection company, or in neutral territory.
- All debt negotiations can be held only with those who do not pay it. Dissemination of information to third parties is unacceptable.
As we can see, the answer to the question of whether collectors can call the debtor to work is negative. They have no rights to this.
If collectors break?
Laws are laws, only we encounter their violations regularly. And firms that take out people's debts are no exception.
Collectors greatly poison the lives of debtors. Call regularly, several times a day. And this is not enough: if the borrower indicated the numbers of relatives or friends when applying for a loan, calls to them begin. The goal of the collectors is the psychological impact on the person. To unbalance him, to humiliate him, to make him afraid, so that he would rather repay the debt. So they talk about how dishonest a person is this debtor. Shame before family and friends.
This is not so bad. Do collectors have the right to call relatives or the debtor to work? The previous subsection made clear that no. Nevertheless, one far from perfect day at work, one of the relatives rings a bell. And threats against them interspersed with the demand that Ivanov repay the debt as soon as possible. Otherwise it will be bad: they threaten to damage property, seize it, inflict physical harm on the relatives and children of the debtor.
This already does not fit into any framework. The debtor has every right to take action. What do lawyers say about this? How to put in place impudent collectors?
What do lawyers advise?
Do collectors have the right to call the debtor to work? Although they do not, they often do so.What should an employee do when almost the entire office knows about his problems?
Firstly, do not wait "by the sea for the weather." In other words, do not wait to visit the brutal uncles who come to knock out debts. Contact the prosecutor's office, Roskomnadzor and the Central Bank of the Russian Federation.
We are writing a statement to Roskomnadzor
There is a small reservation. Roskomnadzor will help only if your data was transferred to collectors illegally. That is, there was no clause in the loan agreement that the bank has the right to transfer the data of the borrower to third parties. And since this item is written in very small print, carefully read the contract before signing it.
What is needed for an application to Roskomnadzor?
- Credit amount.
- The name of the bank is required.
- The name of the collection office.
- The data of the collector who called you at work or relatives.
- Recording a conversation on which you can hear threats addressed to you or to loved ones.
We have indicated that such an application can only be submitted in the event that data about you is illegally collected by the collectors. But when they call to work, telling everyone who wants it about their duty, collectors act illegally. This is emphasized when applying.
The complaint can be sent electronically, or you can make an appointment and have a personal interview with those in charge.
Central Bank of the Russian Federation
You can file a complaint with the Central Bank through the Internet reception. Describe in detail the actions of the collectors and send them to the Internet reception for consideration.
Keep in mind: through the Internet reception they do not accept complaints about unlawful actions of collectors if the bank transferred the data of the debtor to them. Background information is given that the bank has the right to do this without the consent of the borrower.
Prosecutor's office
Do collectors have the right to call the debtor to work? They do not, but they call. And sometimes their calls go beyond the permissible limits.
If collectors call you at work, do not hesitate. Contact the prosecutor. What is needed for this?
- A statement detailing the complaint.
- Photo, audio and video materials that prove the unlawful actions of the collector.
Does my police protect me?
Should I write a statement to the police? Legally, of course, the district policeman is obliged to conduct a conversation with presumptuous collectors. But in practice this rarely happens. Police respond in the event of bodily harm to the debtor. Then - yes, record the beatings and write a statement to the police.
Only I lay down - the bell
How to behave if collectors are overcome by intrusive calls? What to do if collectors or banks call for work, and rumors about your insolvency reach the head? Managers do not like debtor employees. They often dismiss those.
Banks are unlikely to name the debtor. They pass this opportunity to collection agencies. And they are happy to try: when they call, they begin to threaten criminal liability.
So, if you are threatened by the Criminal Code of the Russian Federation, ask the question: "Where in the Criminal Code it is said that the debtor is facing criminal liability? Call me this article."
Collectors are lost, as a rule. For they do not expect such knowledge from the debtor. After you have requested the article number, ask the caller for his last name, first name, middle name and the number that is assigned to him for admission to work.
Representatives of collection companies are doing everything to bring a person out of himself. Moral pressure is one of the tricks. Sowing fear is what lies behind it. A frightened person is lost, begins to bleat all nonsense and is ready to sell almost personal things in order to pay off his debt.
Be calm and confident. You can talk about loan restructuring. Or start discussing the terms of repayment of arrears and interest. That is, make it clear to the caller that at the present time you are not able to repay the loan and his calls are, in the long run, pointless.
If the collectors came to work?
We found out whether collectors have the right to call work.And what should the borrower do if they come to the office? And now they “praise” a person in front of employees.
Ask someone to call the police. Collectors are not allowed to come to work. All meetings take place on neutral territory. And only with the filing of the debtor.
Moreover, unexpected guests should not defame and humiliate an employee, especially in public. If there are threats, turn on the recorder. No opportunity? Then let there be a couple of fellow witnesses nearby. Feel free to tell the collectors that contact the prosecutor's office, the Central Bank and Roskomnadzor.
Conclusion
In the article, we sorted out the question of whether collectors have the right to call the debtor to work. The answer is unequivocal - they do not.
We also told how to behave to the debtor in the event of a visit of collectors to work for him. Where to go with complaints.
And one moment. Do not follow collectors. Yes, moral pressure is difficult to overcome and it is difficult to resist threats. Yes, and an unpleasant situation consists of all this. But don’t be afraid, speak calmly to the presumptuous collectors, do not show fear. And act, do not sit back. Contact the necessary authorities, assert your rights. Protect yourself and your relatives from outside interference.