For all the time of its existence, mankind has learned to benefit from almost everything. In recent years, a new way has emerged for this - buying debts. What is the essence of such a procedure, and what benefit awaits each of the parties? These issues need to be dealt with in more detail.
the main objective
Today, a lot of companies are being formed, the main business of which is the purchase of debts of third parties. Surprisingly, it turns out that you can also make money on this. Those who have never encountered a problem debt collection, most likely, he will not understand such people. Usually they are asked the same question: why do you need this? Indeed, why take on other people's problems? What benefits can be derived from unpaid or even past due debts? It turns out that everything is very simple. For example, there are two parties, one of which must pay the other a certain amount of money. But for various reasons, she cannot or does not want to do this. A certain company appears here, which offers the other side to sell these debt obligations. Having paid her a certain amount, the company itself begins to deal with the debtor.
Why do we need such a purchase of debts? What will the “benefactor" have from this? In fact, the company pays to the offended party only part of the real amount, and the debtor receives everything in full. The difference obtained is its income, for the sake of which, in fact, all this work is being done.
Good deal
For example, you can consider a specific situation. A citizen, driving his own vehicle, had an accident. As a result of an accident, his car was damaged. The insurance company, on the basis of a previously concluded contract, pays money to it, which partially compensates for the costs necessary for repairs. But, as practice shows, this amount can be much larger if a citizen can prove everything correctly and reasonably. True, it will take months. It is clear that no one wants to mess with this.
Here appears an enterprise for which the purchase of third-party debts is the main part of the income. Its representatives first carefully and comprehensively study the current situation, make certain economic calculations, and then offer the citizen to conclude a special agreement with them. In accordance with it, the company undertakes to pay the citizen part of the amount, which, in her opinion, the insurance company did not take into account in its calculations. In return, he must renounce all claims in her favor. Such cooperation is beneficial to both. A person receives additional compensation, and the company with the help of its experienced lawyers takes the remaining funds from insurers. In this case, only they suffer.
Legal arrangement
Such an agreement, when certain claims or rights are assigned to a third party, is called a “cession agreement”.
In this case, the issue is resolved only with the creditor. The consent of the debtor is not even required. This is stated in part 2 of article 382 of the Civil Code of Russia. True, there is one subtlety. The creditor is obliged to warn him in writing of his intentions. Otherwise, the debtor may demand compensation for funds that may be required to formalize the transfer of such rights. Both lenders will pay them together. This is confirmed by part 3 of article 382 of the Civil Code of the Russian Federation. However, nobody needs such expenses. Therefore, everything must be framed in accordance with the law.But there are cases when in the text of the agreement a separate clause sets out a ban on such a transfer of debt. In this situation, the assignment agreement will not be possible, and the parties themselves will have to deal with each other to the end. This option also needs to be prepared in advance.
Work with citizens
Recently, purchase of debts of individuals is especially popular. This is largely due to the low standard of living of the population.
In this case, the debtor is a citizen, and the creditor is an organization to which he did not pay a certain amount on time. Fighting people with low solvency can take a lot of time, and not the fact that it will be won. Some legal entities prefer to receive compensation than to comfort themselves with hopes and incur direct losses. In this case, they can contact the appropriate company and offer her to buy the resulting debt, losing part of the amount in the form of interest as payment for services. But in such a situation, one must be especially careful. A new creditor should be aware that Article 383 of the Civil Code of Russia limits the list of rights that can be transferred to third parties. In accordance with it, the ban covers everyone who concerns the citizen’s personality, as well as circumstances related to his life and health.
State scale
In modern conditions, buying has also become quite common debt obligations legal entities. Sometimes such issues are resolved even at the state level. They are expressed in the form of treasury bills or bills, loans, bonds, as well as various certificates. It all depends on their size and purpose.
As a rule, government debt obligations are aimed at well-defined goals:
- Providing finance for targeted government programs. Most often they relate to social security and housing.
- Replenishment of the state budget instead of releasing extra money into circulation.
- Certain economic activity. Usually this is due to inflation and the desire for a positive impact on price changes, as well as various kinds of investments.
Debt instruments are securities of different validity periods, which are sold through banking institutions, as well as through open sale or auction trading.
New occupation
At the beginning of the 21st century, a new structure began to be created in Russia, which was called the “collection agency”. At first, these were small firms that were formed at banks to assist in debt collection. Later, some of them were transformed into independent enterprises and began to select customers. But banks remained the main customers for many collectors. And the subject of the contract, as a rule, are the credit debts of individuals. For many citizens, buying a debt with a collection agency becomes a real tragedy. A new lender usually increases the amount of debt and seriously tightens the requirements. His perseverance sometimes even goes beyond the law.
Many people, fearing a real threat, take new loans to pay off old debts. But this does not always help. Collectors are not so easy to dispose of. But there is still a way out. You just do not have to communicate with them, but offer to sue you. This agency is not profitable, because there it will be impossible to explain the fabulous amounts that they require. The court will accept only real calculations, supported by documents. In this case, the collectors will be the loser, and during this time the limitation period will expire and the debt will be written off altogether.
