Today there are many collection agencies.In fact, they are not a public body, but use all methods permitted by state law.That is why the people's attitude to the collectors are very different.Many people wonder: collectors - legally or not they act as their permissible measures against the debtor.
Do I need to collectors?
need for sewers clear, all because many banks and companies since 2008 has collected a huge number of defaulters on loans.In addition, many including interest on the loan, which also remain nevozvraschёnnymi.
be mutually beneficial collectors cooperate with banks in vzyskivanii debts.After all, these agencies receive their part of the remuneration stipulated in the contract.In addition, an alliance with a solid and proven by the bank rather strongly reinforces the position of any collection agency.Although there are nuances, such as the old debts.Legal action collectors do not always keep within the law in relation to the old loans - in fact for them to collect the debt is almost impossible.
Today, many large banks are working together with collection agencies.However, the State questioned the legitimacy of such actions, and also the way to recover debts through such agencies.
important to know
Organizations working with overdue loans may have a variety of names.This may be a "credit bureaus security" or "assistance loan", but their activity is precisely in vzyskivanii debt with creditors.
Activities collectors
Recently collectors reported all that they act only on legal grounds.And Rospotrebnadzor immediately reacted to this in the form of information in the press.The bottom line is, in the Russian legislation such business as debt collection, is not there.So the question is, Is it lawful to collectors in Russia, is appropriate, and the answer is often negative.Why, then, they are allowed to carry out their activities, to work on specific schemes, and the state allows it.
Rospotrebnadzor In my opinion
Use specialist vzyskivaniyu debt of the respective company - has long been a common practice throughout the world.And at this point to themselves collectors, and those who lead them control.However, Rospotrebnazor believes that people just used them as givens and accepted it.
Those who struggle with collectors believe that they deftly manipulated the concepts of civil law and by the law.And collectors are waiting for a speedy adoption of the law on their activities.Although it turns out, the absence of their hands, because they can be removed from responsibility for their actions.When there is no specific law, it is difficult to understand how the agency operates, adhering to the law, and what - is not entirely in accordance with the Civil Code, and often violates human rights.
"Gray" agency
There are collectors legally or not - can not be understood if there is no specific framework.However, if you rely on practice, you can get a description of the "gray" agency, acting is not quite correct.For example, they report that their psychological assistance and support to help repay debts.There are the following: the debts are collected by threats and promises of prosecutions.And the debt is quite possible to challenge through the courts.Also promise to describe the property, call up the relatives and colleagues.It turns telephone terrorism, moral people who are seeking, and they are the last to pay the debt.
Nuances collector works
Very often, the essence of the agreement under which the act collectors and put forward their demands, silent.It turns out, the debtor does not explain that the collectors are in the interests of the bank with which they have a contract.Although the law to third parties can not put an absolute commitment, especially in the dispute with the bank.It turns out, the debtor may ignore any action of collection agencies in relation to it.
Opinion debtors not considered
Bank gives collectors the right to reclaim the debt with the client.In addition, there are changes with respect to persons under the obligation.By law, concede their demand to another person is acceptable, if it is not contrary to the law, in other words - the contract.Moreover, the assignment shall not take place without the consent of the debtor.After all, it is important that the person who exacts from his duty.Here the important thing for him is all, how to talk to collectors and to respond to their arrival.It turns out that the opinion of the debtor spared, and this can lead to certain consequences, such as refusal to cooperate with the mediators.
Dangerous moments
It should be borne in mind that the actions of collection agencies may fall under the heading of extortion.After all, they are not subject to banking activities.Therefore, they can not replace the Bank as a new lender.Add collectors are very limited in this sense.After all, according to the law, the right of a creditor can go to another only on the initial conditions and in the same volumes that existed at the time of vesting.
So, the client must receive from the bank a document that he handed over the duty collection agency.In fact, such a document is shown as an established fact and personally on his own behalf.It turns out, the debtor's rights are violated in this case.
Banking secrecy
interesting situation arises bank secrecy.After all, according to the law the lender assign its rights to another person, you must give all the information on the customer requirements for the implementation.At the same time, the bank guarantees its clients to maintain the secrecy of their deposits, transactions and any available correspondence.Then assign the right collectors for the obligations of the bank and the borrower can not - it is against the law.In this case the item is broken on banking secrecy.Is it legal to collectors in this case, whether justified their actions?Besides the change of official does not allow the debtor to object to the collectors, who are not implementing banking services.But the claims are available primarily to the bank to remain.
Reply by
Collector's Society reports that their action is lawful in Russia.Rospotrebnadzor, in contrast, believes that their work leads to losses in the financial system and impact badly on the legal literacy of people.Collection business we have considered a new activity.In addition, despite all the negative, in many cases their action is really based on legal grounds.It turns out that the rights of citizens in their essence are not violated.Just people really have little information about these agencies, and there are difficult situations.In addition, many people simply do not know how to talk to collectors, and how the procedure is the return of debts.
What is the problem?
essence arisen misunderstanding between the Bank and borrowers collectors that the activities of the second has no legal framework.And many understand that this is a business activity.That is why we need a law regarding this type of activity.Also, you may need to make certain amendments to the Civil Code.Then the question is, collectors are legitimate or not, will disappear by itself.
Practice
If you come to collectors, it must be able to communicate with them properly.To do this, stock up on information about their work with the bank.Here there is such a situation: the bank puts your arrears to collection agencies, and they, in turn, buy it.Then, between a contract for the transfer of the rights of a creditor to another person.It uses part 2 of article 382 of the Tax Code, which refers to the fact that the debtor's consent is not required.Further information about the debtor gets to a collection agency.There are two options:
1. The debt can be transferred to a third party.It turns out, the bank sells the debtor agency.
2. The Bank enters into a contract with collectors that they have to work to give them the problem borrower for a certain period of time.
It often happens that the debtor has fulfilled collectors buy.Reviews of why these agencies can be negative, because they are not informed about the situation with this man.Begin to work with him, and then it turns out that the debt has been cast.This is not the fault of the collectors, and the bank itself.
Treaty
situation today is composed ambiguous, but there is a way out of it.You just need to learn how to cooperate with agencies that can assist in the return of the money.To do this, you need to sign a tripartite agreement.There are already taking part bank, the borrower and the very collection agency.Because of this equilibrium is reached, and the action will be quite legitimate reasons.In this case, the question about the collectors - legally or not they work - will be not so urgent.
It is worth noting that there is still anticollection agency.They help citizens to revise the schedule of payments on the loan.Also decide whether to conduct rekrutizatsii debt or seek to reduce interest rates on your loan.Can help stop the accrual of interest, to contribute to the decision in your favor, and much more.Therefore it is possible for them to seek assistance if the situation is very complicated.However, collection agencies are working today, relying on the law, and generally do not break it.If you know how to talk to them, you can own all agree.As a result, find a solution to the issue of the return of the debt, and thus to save his and other people's time.
