In case of late payments or their complete absence, the financial institution does not always take into account the reasons that contributed to this. Therefore, soon you may encounter with collectors.
What are collectors
Collectors are employees of debt collection organizations. They act according to the law. There are special associations and the “Fair Collector Code”. However, all is not well. The duty of collectors includes the duty of various methods and in the minimum period to dislodge funds from the debtor.
Alas, there is no law on the activities of collectors. And this allows us to use not only peaceful methods of returning debts, but also intimidation, blackmail, threats, to interfere in personal life.
Most of the borrowers are not aware of the principles of collection agencies, the legality of their activities, the training of agency staff and what they can do. At the same time, it is possible and necessary to come to an agreement with adequate collectors, and careless employees can always be found on careless employees of collection agencies.
The collectors agency is a commercial organization whose responsibilities include the provision of services for the recovery of outstanding debts, the purchase of debt portfolios. No agency of collectors has the rights of the prosecutor’s office or the court.
What can and can not do collectors
We first analyze the rights of collectors. They have two such rights:
- Inform the debtor of the outstanding outstanding debt and its value, including fines and penalties.
- To apply to the court if they are authorized by a financial institution in accordance with the agency agreement or a full transfer of rights to such debt.
Direct prohibitions and restrictions on the part of the law for the actions of collectors are available in very small quantities. For this reason, the main weapon of the debtor – the knowledge of their rights. They are as follows:
- The interaction between you and the collection agency in civil relations is based on the transferred rights of claim. In accordance with the first part of Art. 385 of the Civil Code, the debtor has the right not to fulfill the obligation to collectors before issuing to him confirmation of the transfer of the claim to this person.
- There is a statute of limitations for claiming unpaid loan debt, 3 years. If it ended before the collectors contacted you, their claims are not legally binding.
- You are obliged to pay your own debt only to the bank that issued the loan, and from him to take the documents confirming each payment made. Even when your debt is fully transferred to collectors, payments must be made through a credit institution. Never give cash in person to collection agencies, no matter how they call themselves!
- You do not have to sell your own property at the request of a collection office employee to pay your debt. And collectors do not have the right to take your things. This procedure is carried out only by a court decision, and is carried out only by bailiffs.
- You have the right not to answer the calls of collectors and not to let them into the house.
Rules of communication with collectors
The most basic rule is to keep calm. If you do not hold the legs for fear, sit down. Take a few deep breaths: you will feel better and your voice will sound more confident. Take a comfortable position. At hand should be a pen and notebook. Now you can talk.
First, ask the collector who calls you to give your full name, first name, middle name, position. Also record the contact information of the agency. Then you can end the conversation: for the first communication is enough.
Now you need to call a credit institution. Ask for confirmation that your debt has been paid for collection to a specific agency. It should be remembered that at this stage you have the opportunity to change the situation. Tell the financial institution about your financial situation, the reasons for non-payment, ask for debt restructuring. Often, banking organizations draw up a new contract and pay by installments from 3 months to six months. After completing such a contract, a credit institution takes your case from collectors.
If at this stage you have succeeded, with further calls of the collectors, calmly say that you have agreed with the credit institution. You can not respond to messages with threats.
If the banking organization refused to agree or indicated that your debt was completely transferred to the collectors, unfortunately, you will have to continue to communicate with the collectors. With subsequent communication, as before, you should remain calm. Do not argue about debt – it will not bring results. However, do not rush to provide personal information, including the presence of property or accounts in a banking institution. Do not talk about your loved ones, do not give answers to personal questions. Do not allow rudeness on your part – calmly suggest returning to the discussion of debt and options for closing it.
Do not ask for a delay. In this case, the collectors will only put more pressure on you. Refer to Articles 385 and 389 of the Civil Code and ask for a full set of documents confirming the rights and powers of collectors: copies of the agency agreement, assignment agreement, power of attorney issued to the employee negotiating and having access to the debtor’s personal information and so on.
As a result, you will win the necessary time, show your own legal awareness and ability to cope with psychological pressure.
In the following conversations, emphasize that you have debt, you agree with this, you want to return, but at present you have a difficult financial situation. Collecting agencies have lawyers who can make an installment offer and a suitable debt repayment schedule.
What to do in case of threats
Alas, communication with collectors is not always possible in a civilized manner. For this reason, you should not overlook the fact that particularly arrogant collectors will threaten or insult you.
When threats appear, first fix them by recording to a voice recorder or in some other way. Then contact the police. It must be accepted and verified to determine the identity of the fraudsters. It should be borne in mind that when transferring the device with the recording of the conversation to the investigator, it is necessary to draw up an act of seizure, and it is prohibited to rewrite the recording in another format.
If you didn’t record the conversation, make a statement anyway: the police will find the evidence, including the testimony of a witness. A copy of the application can be sent to the agency collectors.
However, as a rule, even a warning that the conversation is being recorded is enough to stop you from being threatened. Familiarization with the relevant articles of the Criminal Code will also be useful: insult is punishable under article 130, the threat of physical violence is article 119, and the requirement to sell your own property or provide cash is article 169.