Deputies allowed the debts to collectors without a written permission of debtors

During the discussion in the committees of the State Duma of the draft law on collection activities for the second reading, the situation has radically changed, which would make the work of collectors in fact impossible. We are talking about the ban on working with the debtor in the project without his written consent. The State Duma Committee on the Financial Market this week supported the amendment, mitigating such a ban, the newspaper Vedomosti writes.

The bill prohibited the transfer of personal data of the debtor without his written consent after non -payment on the debt time, it was also forbidden to take into account this previously permission. It is unlikely that debtors would voluntarily agree to the transfer of their debts to collectors.

"It is impossible to redeem the debt without personal data of the client. They will not be able to understand who and what should. Therefore. Therefore, the norm was softened. Personal data can be transmitted only to banks and professional recoverers," the committee member Marina Mukabenova explained to the newspaper.

The deputies also increased the term after which the debtor may refuse to communicate with the collector, with three, as it was in the first reading, up to four months. And if the creditor goes to court, the collectors will receive another two months to communicate with the debtor, the deputies decided.

The written permission from the debtor, according to Dmitry Teplitsky, CEO Dmitry Teplitsky, would actually become a prohibition of the assignment (selling debts by banks).

If this situation came into force, the reserves of banks in bad debts would have grown sharply. Perhaps some debt sales would have appeared, but these would be special cases and not very transparent, the expert believes.

Now collection activities are not regulated by law and is not controlled by any of the regulators. The bill sharply limited collectors in the methods of working with debtors.

Thus, the collection of debts should be the main activity of the collectors, the requirement for the statutory capital is introduced - at least 10 million rubles, you need to be in the register, which will be conducted by the state, the communication of the collector with debtors is limited - no more than one personal meeting and two telephone calls per week, on weekdays from 8 to 22, on weekends from 9 to 20 hours; You can not apply physical strength to debtors or threaten it, spoil property, exert psychological pressure.

In mid -February, this bill was introduced by the chairmen of the Federation Council Valentina Matvienko and State Duma Sergey Naryshkin. The text of the bill will be approved at a meeting of the Committee on the Financial Market on June 3, the chairman of the committee Nikolai Gonchar told the newspaper.

This is far from the first version of the collector bill. In the previous version from the Ministry of Economic Development, the work on which was conducted for more than five years, there were so many legal shortcomings and loopholes for unscrupulous market participants that it had to be rewritten.

In addition, earlier three more alternative versions of the bill regulating the work of collectors were submitted to the State Duma: respectively, from Fair Russia, the LDPR and the Federation Council.

The law on the work of collectors was preparing for about 10 years, there were several different versions, but its adoption was inhibited at different levels of power. It got to the point that in June 2015, the Security Council decided that the presence of gray schemes for collecting debts threatens the national security of the state.

The requirements to introduce legislative regulation of collection activities intensified after a series of scandalous cases with the participation of collectors that have broken debts.