Translated material
Defeat the collector
The law will protect debtors from arbitrariness
Collector in law. In early March, the government will submit to the State Duma a bill “On Collection Activities in the Russian Federation”. This is not the first attempt to put in the legal framework the activities of modern “knockers” of debts. In the meantime, collectors find out relations with debtors in a legal vacuum. And it is still unknown who in this confrontation is more often the injured party. The New Times studied the experience of those who managed to defeat the debt breakdown system
Delay Day
However, when the time of final repayment came in 2010, it turned out that payments did not come through the terminal day a day. Delays accumulated: each one day, but they gathered for years. The bank counted a penalty of 100 thousand rubles - half a loan! “I refused to pay,” Zhdanovskaya continues his story, “then the bank sold my alleged“ debt ”to the Rus Dolg collection agency. The collectors called for two years, threatened - I did not pay attention. But when the Mordovoros met with threats on the street my mother, who had a sore heart, I could not stand it. ”
Alexandra went to an appointment with the territorial department of Rospotrebnadzor, where they took a complaint and advised a copy to be sent to the police. Perhaps the Rospotrebnadzor was playing a role with the collectors of a long and unsuccessful war. Here is his official opinion, set out at The New Times: “All links to the allegedly existing legal contract of collection activities, as a rule, are unfounded and unwritten“ notifications ”sent to the debtor. The true essence of those agreements on the basis of which collectors peremptorly put forward requirements for debtors does not comply with the current legislation. ”
In the history of Zhdanovskaya, the complaint worked: the collectors immediately became excellent polite. Night calls and threats stopped. The “knockers” of debts moved to the persuasion: “Well, maybe at least partially repay.” But Alexandra stood on her own. Three months later, the collectors surrendered: Alexandra reported that they no longer have complaints about her. True, this was not confirmed in writing. “Similar situations arise due to illegitimate actions of small agencies that do not value their reputation,” commented on the actions of his colleagues CJSC CJSC “Agency for the Collection of Payments” Evgeny Gorbunov .
Three times a day
The bill "On Collection Activities" * *possible alternative name: "On activities to recover overdue debt". It is precisely aimed at protecting the borrower from incorrect actions by collectors, explained Dmitry Skripichnikov, deputy director of the Department of the Ministry of Economic Development . Threats in any form, calls at night, “informal” conversations with relatives of the debtor - all this in the case of the adoption of the law falls into the category of violations.
“The agency does not have the right to disturb the debtor from 22.00 to 6.00, call more than three times a day and two times per hour. It is forbidden to post information about debt on envelopes with notifications, as well as messages and images that can be perceived as a threat, ”said the Skripichnikov. The collector agency will be obliged to provide debtors with complete information about the name of the creditor, the amount and structure of the debt, about the terms and procedure for repayment. If the collector allows himself to mislead the debtor, this will also be interpreted as a violation of the law, explains Sergey Shpeter, vice-president of the Long Agency "Bailiff" .
However, the bill not only imposes obligations to debt collectors, but also gives them rights. In particular, the right to request documents on the debtor in state institutions, and they must provide the required information within 10 days. At the same time, the bill significantly increases the requirements for collection agencies: only participants in self -regulatory organizations (SROs) of collectors will be allowed to work on the market. This is necessary so that solid collector agencies themselves identify “lousy sheep in their herd”, punish with a ruble or completely expelled them from the collection rows, explained the president of the National Association of Professional Collector Agencies (Napka), Alexander Morozov . “We have already discovered on our website the opportunity to complain about the actions of unscrupulous collectors,” said Morozov. “And in the current version of the law, financial liability is provided for them.”
Mediator to help *
Valery Nikolaevich Sobolev, Volzhsky hero from Saratov, carries cargo in his own car. In 2007, he decided to transfer from the old KamAZ to the car more. “I went to banks for a long time, but in the end our branch of Moscow Uniastrumbank agreed to lend me. I took 1 million 100 thousand rubles for 5 years. He paid regularly, but from the summer of 2008-a crisis, there are no orders, and a monthly payment-under 60 thousand rubles. And they have penalties - 1.5% for each day of delay. Moreover, they take, bastards, not from the balance, but from the amount of the contract, that is, from the money already paid! Here at the end of 2009 they showed me: bring 120 thousand rubles or give the car. ” On the horizon appeared in threats. Sobolev admits that a couple of times he went to meet with them with the barrel: "I thought, they will begin to extort - I’ll solve it."
However, it was not necessary to use such radical measures. He heard that there are specially trained people - mediators, intermediaries in resolving financial conflicts. These people in the banking environment are also called "anti -collections." True, there are no professional mediators in Russia, the law on their activities entered into force since 2010, and training at the Ministry of Justice lasts 5 years. But the Institute of Public Mediators, who are prepared in accelerated courses in world courts, is rapidly developing. The services of such a specialist (“My friend Nikita, the former drove, received a certificate”) Valery Nikolaevich and used. "
Sobolev admits that a couple of times he went to a meeting with collectors with the barrel: “I thought, they will start to extort - I’ll solve”
"When Sobolev came to the negotiations with the collectors in the company with the mediator, they immediately transferred the arrows to the bank: they say, they did not have claims, but they have. Next, the negotiations continued in the bank: on the one hand, Sobolev with the mediator, on the other - a banker with a collector." Drugan Nikita "at the courses, apparently studied well. The first question is a good question: why not a penalty, but from the entire amount of the residue, but from the entire amount debt? " Then the proposal: “Let's go to the court; it will not be a 1.5% per day, and at the rate of the Bank of Russia - 8% of the annual.” 
As for the clients of the banks, among them, of course, there are those who take loans with fraudulent purposes, not going to give them to. “But there are such an absolute minority, and those, as a rule, are cut off from the possibility of getting money even at the application stage,” says the financial Ombudsman Pavel Medvedev . “The rest of the debtors are quite respectable borrowers who simply encountered an unforeseen life situation.” And if the collector has come to their souls, do not succumb to pressure and meekly part with your blood. There is no law yet, but there is Rospotrebnadzor, lawyers, court. Mediators, finally ...