work on debt collection - it is a relatively new area of activity in Russia, which exists independently only in 2004, before such activities are carried out within the framework of banking institutions.
collection agencies specialize in disaster recovery and overdue accounts receivable, representing the interests of the lender for a fee, depending on the volume of the collected debt.The impetus for the development of work with collection agencies was the emergence of consumer lending - loans were issued en masse, often without proper verification of solvency client.
Such agencies can act as as intermediaries between creditors and debtors, as well as creditors - in the case if the debt has been sold.Activities of collection agencies is carried out on a contractual basis: with the client may be concluded Agency Agreement or Contract assignment.
The main objective of the agency is the recovery of bad debts - for that collectors use a variety of methods of influence:
- Phone calls to the debtor
- letter informing on the amount of debt repayment and the methods of its possible consequences for the debtor's non-compliance with the requirements of the agency.
- SMS sending to mobile phones with the requirement to pay the debt.
-Personal conversation - travel specialist to the debtor
In Russia there is no law that regulates the activities carried out by collection agencies, so now there is a lot of debate about the legality of such activities.Under Russian law limited the activities of agencies Art.382 of the Civil Code, which states on the legality of the assignment of claims without the consent of the debtor - but with the condition of mandatory written notification to the debtor:
- «The right (claim), belonging to the creditor on the basis of liability may be transferred to another person fortransaction (assignment), or go to another person on the basis of law.The rules on the transfer of rights to another person, the creditor shall not apply to recourse.
- to transfer to another person the rights of the lender does not require the consent of the debtor, unless otherwise provided by law or contract.
- If the debtor has not been notified in writing of the effected transfer of creditor's rights to another person, the new lender bears the risk caused by these adverse consequences for him.In this case, the performance of an obligation to the initial creditor recognizes performance to the proper creditor. »
But you must also take into account that in the framework of the Administrative Code, acting on the territory of the Russian Federation, collection agencies may be responsible for the calls at night time, the threat of entering the addressthe debtor and other illegal activities.
