According to 2016 data, in Russia about forty million people are not able to repay loan debts. Debtors are at a pretty disadvantage. Numerous complaints about the collectors confirm this.
A year ago, the press often appeared information about the illegal actions of such specialists. But not so long ago, a law was adopted to facilitate the fate of defaulters and limiting the rights of collectors. What kind of law is this? How effective is it? In what situations and where should a complaint about collector actions be filed?
Why do delays occur?
It is difficult to meet a person who has never issued a loan at a bank. Almost every citizen of the Russian Federation knows the situation when money is urgently needed, and it is not possible to borrow the necessary amount. But everything happens in life. An experienced specialist who stably receives a good salary may one day be out of work. Man in good health - suddenly get sick and become incapacitated. In the end, the economic crisis may suddenly erupt, and a small business that brought income to a client of a credit institution will collapse.
According to statistics, the number of defaulters in Russia is growing. Bankruptcy law came into force a few years ago. But not for everyone. In addition, those who have every right to use this law do not do this due to lack of funds. The fact is that even in order to become bankrupt, you need money. This vicious circle can lead a person into the deepest depression.
Effects
In Russia, statistics on the causes of suicide are not kept. But there is reason to believe that the causes of many suicides are precisely financial debts. A significant role in this is played by collectors, complaints about which can and should be submitted to the appropriate authorities. Not always, of course, but in case the constitutional rights of the debtor are violated. And according to the many complaints about collectors that appear in the media and on the Web, they violate the law quite often. Moreover, the work of many such specialists has a pronounced criminal connotation. Unfortunately, few citizens in our country know about their rights.
At the beginning of 2017, the activity of collectors was significantly limited. January 1 entered into force lawaccording to to which many actions which are carried out earlier by debt collectors, today it is strictly prohibited. For example, they are not entitled to call the debtor more than twice a week. Otherwise, write a complaint to the collectors. How to do this and where to send it is described below. But before you submit a sample complaint to collectors, you should talk about representatives of this profession. After all, most citizens distant from jurisprudence, believes that collectors are a kind of criminal elements that can do anything in order to knock debt out of an unhappy debtor. However, there is some truth to this error.
What is a collector?
This is an intermediary between the bank and by the borrower. is he carries out work upon return debt of a credit institution, but is required to do so within the framework of the law. Psychological pressure, interference with privacy - such actions go beyond that. There are two working schemes. collection agencies. The most common is based on the repurchase of debt. Agency, acquiring debt, seeks to repay money with the borrower still at an early stage of delay. At this point, resolving the conflict is easier.
How do such organizations work?
Some of these organizations do not acquire debt, but receive interest on the amount that the creditor pays on the debt. How does this happen? The borrower within several months it does not repay the debt, the bank turns to collectors, and those, in turn, exert an influence on the debtor (within the framework of the law, of course). As a result, the former non-payer starts again carefully depositing the required amount to the corresponding account. Both the bank and the collectors are satisfied. Such a scheme, of course, is effective only in cases where the defaulter is a person extremely irresponsible. In most cases, bank customers do not pay the debt on time, not because what do not want, but because what they simply don’t have the means. And no collector here not able to to change something.
Law on the rights of individuals to repay debts
Yes, 2014, no one restricted the activity of collectors. They could annoy the deadbeat with calls at night, call on him to work, inform neighbors, relatives, relatives about the amount of debt. In addition, there are cases when debt collectors went beyond the law. That is, they used violence and psychological pressure. File a collector complaint still a few years ago it was quite difficult. More precisely, this could be done, of course, but it would hardly have borne any fruit. The new law is fundamentally changing the situation.
Prohibited Actions
Collectors are entitled to collect additional information about the non-payer. But they are obliged to call him no more than twice a week. And no later than 8:00 pm. Obscene expressions are unacceptable in a conversation with the debtor. If the move is going violence or threats of physical violence, a complaint about collectors should be directed to the police. Exacters debt today and practice similar methods. Especially in small provincial cities. You should be aware that threats, including promises to bring a criminal case against the debtor, also prohibited.
Collectors violate the law if they mislead the lender. Namely: they call the wrong amount of debt, incorrect terms of fulfillment of obligations, report on the transfer of information on overdue debts to the court or the possibility of applying criminal action.
Example
Misleading collectors debts are introduced quite often. We give example. A man took a loan of 30 thousand in a small financial institution. Then lost his job and not introduced payment during. On the fourth or fifth day of debt, calls are received to the telephone of the debtor. Employee collector agencies recalls the need to make money for score. It takes a few days. The payer did not pay off the debt. Calls are repeated. But now collectors are not communicating so correctly, in addition, they threaten criminal article.
Debts, of course, need to give. But, as already mentioned, everything happens in life. A person who is unemployed cannot deposit money for account deven later two or three weeks after finding a new job. After all, he will receive his first salary no earlier than in a month.
Article for non-payment
Calls from collectors are depressing, disappointing, and depressed. Similar situations are quite common. But surprisingly, most debtors, having communicated with the collector, which the clearly does not differ in legal literacy, but effectively, with a threat in his voice, calls several criminal articles, including one in which talking about the punishment for fraud, panic. At the same time, it rarely occurs to anyone to look into the Criminal Code or consult with a specialist.
Indeed, there is an article in the Criminal Code of the Russian Federation for malicious evasion from paying a loan. It applies to both individuals and legal entities. Minimum punishment is fine in the amount of 200 thousand rubles. Maximum - 2 years in prison. But speech is here is going on debt in a large amount, that is, exceeding two million rubles. An article about fraud is also applicable to a person who persistently avoids paying a debt. But in the event that he initially took a loan, not having intentions to pay it, or provided false information about yourself. At the same time, the prosecution has yet to prove that the payer was able to repay the debt, but did not use it.
To whom to complain?
Even a debt of more than two million does not give collectors the right to insult the borrower, to threaten him and even more to apply violence against him. You should remember about your rights, in case of violation, send applications to the appropriate authorities. Finally, we come to the main part of our topic. To whom should a collector complaint be addressed?
Roskomnadzor, Prosecutor's Office, Central Bank of the Russian Federation, police - organizationsto which a statement should be sent in case of improper actions of debt collectors. Complaints can be submitted individually or simultaneously. Compliance with consumer rights protects Roskomnadzor. Complaints about collectors to the Central Bank should be addressed if there is non-compliance with banking legislation or incorrect transfer of the bank’s obligation to third parties. And if the collectors call more often than they should, while still threatening, you must write a statement to the police.
Complaints are sent to the Central Bank if the bank has violated its obligations by transferring information about the non-payer to a third party in an unlawful manner. A sample statement is presented above. In this case, one can also complain to Roskomnadzor. The creditor, selling the debtor's debt, is obliged to notify the latter. Did not do this - violated his obligations.
Complaint to the prosecutor's office on collectors
As you know, the police do not always accept applications with pleasure. The institution to be contacted in case of inaction of law enforcement agencies is the prosecutor's office. A sample complaint about collectors and the police that are not taking action is presented in this article.