"Collector" is a word that recently appeared in Russian reality. It came to us from the West. “Collection”, “collector” are derivatives from the Latin collectio - “collection”. That is, the collector is the same collector or collector.
A collector, a loan, a debtor - today these concepts are quite common. The number of firms that take to collect debts is growing in direct proportion to the number of consumer loans. It would seem that there is a paradox: why do banks issue even more credit funds if they cannot recover payments on them? The answer is simple: the profit is so great that it covers costs. This is a business.
Why do not like collectors?
The work of the collector is by no means cloudless and has a lot of negative sides. As a rule, people who do not have a legal education are engaged in this type of activity.
What is a collector? This is a simple employee of the company, endowed not so much with rights as with duties. In the event of a “kink”, his actions will be considered through the prism of criminal procedure legislation.
Any collection company is profit-oriented, its founders and managers also want to have “fast” money, therefore, they put pressure on collectors, and those on borrowers. 
To date, there is no professional training in collection activities. The current collector is an applicant who, at best, will be sent to some dubious courses. Who conducts the training and in what form the training material exists is a separate topic. As a rule, at such courses they teach how to communicate with borrowers, give a list of actions, “pre-payment,” no more.
In fact, there is no other way to get money than to negotiate with a borrower. The collector does this, and how agreements are reached is his problem.
Lack of state regulation of collection activities
And all this happens for one simple reason: until now, the legislator cannot legitimize the activities of agents and collection companies. At different times, several politicians submitted the corresponding bills to the Duma, but not one of them has been adopted to this day.
Although at the beginning of 2016, the issue moved off the ground, thanks to the Federation Council, which seriously took up the resolution of the situation. Speaker V. Matvienko said that collection activity in its current form has already acquired the features of a criminal business.
New Collection Law: What Will It Be?
What awaits this business in the near future? The new bill will define the provisions according to which collectors, rights and opportunities are in place when communicating with the debtor. A body has been identified that will be assigned the responsibility of maintaining a register of collectors and which will regulate and control their activities. 
In case of violation of the rules of communication with the debtor-borrower, the collector will receive an impressive fine increased from 200 thousand rubles. up to 2 million rubles. In addition, the bill defines legal concepts, including:
- who are the collectors;
- the order of their interaction with debtors.
These rules will apply to microfinance organizations, banks, other lenders, and individuals who collect debts.
New bill: protecting the rights of the debtor
The collector will be able to call the debtor no more than twice a week. Meetings - no more than once a week. It is forbidden to communicate with debtors from 22.00 to 8.00 on weekdays, and from 20.00 to 9.00 on weekends.When working with the debtor, the collector does not have the right to use a device that hides his email address and phone numbers. 
The debtor has the right to determine a personal representative or refuse to communicate with collectors or even a creditor after a certain time from the date of delay.
And in order to transfer personal data about the debtor to the debt collector, the borrower must provide the bank with this documented consent.
Collectors may not interact with the following persons:
- incapable;
- located in medical facilities;
- minors;
- disabled people.
In addition, the bill establishes restrictions and prohibits a certain circle of persons from engaging in debt collection activities. This opportunity will be denied:
- employees who have a criminal record for a crime in the economic sphere or in the field of public security;
- Persons with “bad business reputation”.
Regarding legal entities, they will be able to engage in collection activities, provided that such activities will be core. And also have a statutory fund of at least 10 million rubles.
What rights and obligations do collectors have now
The law has not yet been passed, but collectors are calling you. What to do? First of all, you need to know what they can and what they do not have the right to communicate with the debtor. 
So, collectors must:
- Before communication, introduce yourself, name the position and organization;
- submit to the debtor in person or send by mail documents that serve as the basis that this particular agent may require a debt.
Collectors have the right to:
- to negotiate with the debtor-borrower, to call, correspond by e-mail or regular mail, to send claims for the payment of debt;
- request information from the credit bureau;
- sue the debtor in case of assignment of claims;
- represent the interests of the bank in the trial;
- perform other actions provided for by law.
What collectors are not allowed to do
Now that collectors are not allowed:
- call at night from 23:00 to 6:00;
- communicate rudely using obscene language;
- threaten with arrest, physical abuse, violence and so on;
- hide your data;
- mislead the debtor;
- infiltrate private property without permission;
- seize the property of the borrower-debtor.
Based on what documents does the collector collect debts
The cooperation of the company with the bank has two directions:
- Agency contract. In this case, collectors can act on their own behalf or on behalf of the bank. But still, the agent is an intermediary between the borrower and the bank. To recover the debt, there must be a power of attorney that the bank gives to the collector. The collector of the bank, in turn, provides a report and acts as an agent.
- Assignment of claim (cession). The bank sells the right to collect debt under a loan agreement to a collection firm. In other words, all documents on the right to claim a debt are given by the bank to the collector. At the same time, the collector is not accountable to the bank and represents a company that is a new creditor legally.
It is important to know that the right of a bank to attract a collection company to collect a debt should be stipulated in the loan agreement. Otherwise, all actions of agents, as well as banks to attract third parties to collect debt are illegal. 
At the conclusion of an agency contract or assignment of claims the consent of the debtor is not required. But the bank is obliged to notify the borrower in writing about such a fact and about who will now demand debt from him.
Collector abroad
If we have collectors, it is logical to assume that they are in any civilized state. After all, the credit institution is spread all over the world. Who are collectors abroad?
In Europe or America, they do not intimidate by phone, they do not threaten their health or an exit group.Collector work is legally regulated. It's simple: the agent will politely notify the debtor of the need to pay off the debt, wish him a good day, and then send the materials to the court. Further, the bailiffs will come and describe the property.
Lending abroad is a large financial instrument in more cultural and interest-friendly variations. Legal performance culture is much higher, loan interest is much lower, and if not all, much is done for people. The state controls significant areas of life, and there are special organizations that track and punish debts. At the same time, the sanctions are so high, and the interest is so low that few people want to take risks and not pay the loan at 5% per annum.
After all, the state was created in order to organize and ensure a safe, healthy, happy life for citizens. In every area where a citizen, even theoretically can be infringed on something, deceived or driven into unacceptable conditions, control and supervision should be maximized.
