If collectors threaten you, you have every right to protect your rights and interests, as well as to demand compensation for material damage and moral damage.

In July 2016, the legislation regarding the activities of creditors and debt collectors has seriously changed. Moreover, a special law was adopted that defines the rules and procedures for interaction with debtors, as well as establishing prohibitions and restrictions in this area.

The new legal and regulatory framework governing collection activities came into full force in January 2017. True, little has changed with regard to threats against debtors coming from collectors, the only thing is that such actions are directly included in the list of prohibited ones. Threats of any kind are in themselves an offense - administrative or criminal, depending on the nature of the threats. In addition, any citizen has the right to demand compensation for non-pecuniary damage resulting from such an offense - that is, there is also the possibility to additionally bring collectors to civil liability.

In order to form an evidence base to confirm the threats received from collectors, as well as to be able to effectively fight for your rights while punishing offenders, you must clearly follow simple rules. About them - later in the article.

How to behave when interacting with collectors

Collectors are nothing more than professional intermediaries between a creditor and a debtor. Their main activity is to use legal tools to take actions aimed at recovering debts. There is no question of recovery, both pre-trial and judicial, in this case. Collectors have no such powers. Moreover, all their powers when interacting with the debtor are limited by law and the terms of the agreement with the creditor. And in fact, all that collectors have the right to do is to communicate with the debtor orally or in writing, correctly urging and persuading him to voluntarily repay the debt.

Based on the legal side of the issue, debtors have no reason to fear the actions of collectors. It has always been so. And collectors have always been well aware of the lack of real pressure levers. However, it was this aspect that gave rise to the vicious practice of using not only threats, but also physical violence against debtors and their relatives. Naturally, it is illegal.

Basic rules of interaction with collectors:

1. Communicate calmly, without provocation, listen carefully to the requirements. Be sure to write down for yourself the details of the person with whom you communicate, as well as information about the organization that he represents, and information about the creditor.
2. Do not argue with collectors - it is useless: they are not authorized to make decisions about the fate of the debt, and can only convey to you the information about the debt and the actions of the creditor that he himself will present.
3. Try to always record telephone conversations with collectors, keep correspondence, and in personal meetings, ensure the presence of adult witnesses from among people you trust.
4. Never take collectors at their word. All formal claims must be made in writing. And in conversations, various kinds of psychological manipulation are often used. If there is any doubt that the collectors are calling or that they are acting officially, ask for the phone number of the collectors and the lender. In this case, you will be able to call back yourself, making sure in advance that the number belongs, and also personally check with the creditor the legitimacy of a particular collector interacting with you.
5. If your possibilities allow, be sure to hire a lawyer - he will be your representative in any way of interacting with collectors. This is the most efficient option. First, you will be able to officially prohibit any contact with you personally about the debt. Secondly, creditors and collectors behave much more correctly with lawyers. And, finally, legal assistance will never be superfluous and, with a high degree of probability, will provide a way out of a financial problem with minimal negative consequences.
6. If you decide to defend your rights on your own and interact with collectors without legal assistance, do not be lazy and carefully read the law of 07/03/2016 N 230-ФЗ “On the protection of the rights and legitimate interests of individuals when carrying out activities to return overdue debts ...”. This alone will allow you to arm yourself with legal knowledge and not feel defenseless against collectors.

Threats began to arrive: what to do in this case

When threats are received, your main task is to record them so that there is an evidence base. It is for this purpose that records of telephone conversations, the preservation of correspondence and the involvement of witnesses are used.

You are not a lawyer, so you may not determine to which offense certain threats belong. This is not required to apply, but it doesn't hurt. Use the following specifications as a guide:

1. If there are threats to kill you or your relatives, to cause serious bodily harm, and there is reason to fear these threats (they are real), this is a crime under Article 119 of the Criminal Code of the Russian Federation. In this case, it is necessary to write a statement to the police, which is better to take in person. Be sure to take a coupon-notification of its acceptance and registration.
2. Threats may be accompanied by the dissemination of false information that discredits your honor, dignity, and undermines your reputation. In this case, there may be a crime under Art. 128.1 (slander). Your actions will be the same as in the case of a death threat.
3. Insult is now decriminalized, so in this case there can only be administrative liability (Article 5.61 of the Code of Administrative Offenses of the Russian Federation). The application is written to the police or the prosecutor's office, the court is held accountable.

Depending on the nature of the threats and other actions of collectors, they may also be held liable under other articles of the Criminal Code and the Code of Administrative Offenses.

Where to go if collectors threaten?

If it is difficult to determine how to qualify the actions of collectors, but you understand that your rights are being violated or you have been harmed, write a statement or complaint to the prosecutor's office. In addition, almost any complaints about the actions of collectors that violate the law on collection activities can be addressed to the local division of the FSSP (bailiffs). Today they are entrusted with the authority to control the activities of persons involved in the return of debts. If necessary, both the prosecutor's office and the FSSP division will independently send a complaint (application) according to their jurisdiction for subsequent consideration and decision. Just be sure to keep copies of all documents.

When submitting applications (complaints), they can be written in free form or use the samples received from the appeal authorities. The main thing is to clearly state everything, describe the situation and circumstances in detail. The universal form of expressing the request is “I ask to be held accountable in accordance with the elements of the offense, which fall under the illegal actions of the collectors set forth in my statement.” This is for cases where you cannot qualify the actions yourself.

Copies of your evidence must be attached to the application. It is advisable to keep the originals with you for now. In the future, they must be officially seized and attached to the case file, or you will have to present them in court.

If you have any questions or need assistance in preparing a complaint against the actions of a collection agency, then our online lawyer on duty is ready to promptly advise you and, if necessary, prepare everything Required documents against illegal actions of collectors.

Last updated February 2019

Today, Russians are experiencing the peak of their debt load and the growth in the volume of bad debts. The activities of collectors have long been subject to harsh criticism. Consider the main problems that they can create for the debtor.

Can a debt collector take care of your debt?

To do this, read the loan agreement. If it provides for a ban on cession (assignment of the right to claim), then the bank is not entitled to sell the debt to third parties. It is worth noting that in recent years, loan agreements indicating such a ban have practically not been concluded. That's why:

• the collection agency can either buy the debt in full
• or for a fee (up to 50% of the principal amount) to help the bank cope with the situation and return the borrowed money.

Both in the first and in the second case, the direct consent of the debtor is not required, but he must be notified by mail or in another accessible way.

If we are talking about contesting the right of collectors to work with a specific debtor, for example, when:

• the contract provided for a ban on cession
• or no one notified the debtor,

then you need to apply to Central Bank of the Russian Federation, since it has a separate department for supervising the activities of banks on the issue of compliance with current legislation (banks are extremely afraid of such complaints). This can be done on the official website of the Central Bank, the alternative is to go to court.

Legal basis for the work of the collector

There is no law on the activities of collection agencies in Russia yet. At the same time, there is a federal regulation that quite clearly regulates the work of bank and other employees to recover debts. So, in the law "On consumer credit"It is indicated in detail about the possibilities of the collector and the limitations of his invasion of the debtor's privacy. See also.

Powers of collectors

By law, employees of collection agencies have an unconditional right only to postal items to the debtor (at the same time, it is forbidden to indicate the amount of debt and the very essence of the obligation on the front side of the envelope), telephone and personal conversations, text messages - and all this is strictly at certain hours:

• on working days - from 8:00 to 22:00;
• on holidays and weekends - from 9 a.m. to 8 p.m.

Collectors are well aware of when they can call, but often violate these restrictions (see).

Other forms of interaction between the collector and the debtor

Other ways to achieve debt repayment by the borrower are allowed only with the written consent of the latter. These may include:

• notification at the place of work of the debtor about problems with debt obligations, attendance at work, communication with superiors, colleagues;
• calls and visits at the place of residence of persons indicated as contacts at the conclusion of the contract, relatives, relatives, spouses, children and parents of the debtor;
• requirement of early repayment of the entire debt if there is a delay of less than 60 days;
• illegal actions provided for by administrative or criminal law (damage to property, insults, threats, slander, as well as situations where collectors threaten the debtor's neighbors, etc..

Any threats are prosecuted

What can collectors do and what should a borrower do when they threaten?
Any deviations from the restrictions indicated above, as well as contacts accompanied by threats, are an unconditional basis for depriving the license of a collection agency and, if the debtor goes to court, compensation for moral damage.

Based on judicial practice, collectors are rarely prosecuted, although there are hundreds of thousands of statements about the illegality of their actions. The problem is that it is difficult to prove the reality of the threat that the collector expresses or writes. Indeed, in the vast majority of threats are only verbal in nature, no action is taken to implement it.

In some cases, criminal cases are initiated when words are backed up by actions:

• arson of the entrance
• pushing against the wall
• forcible entry into an apartment by breaking down the door, etc.

Where to write a complaint about debt collectors

• To the police - when the debtor or his relatives are outraged by the methods of work of collectors (if they call work every day, periodically call relatives), and also if there are signs of serious violations of criminal or administrative law (for example, they call with threats), then you should contact the police .
• In the prosecutor's office - in addition, regardless of whether they threaten by phone or in person, you can apply to the prosecutor's office.

How to deal with collectors

Consideration of complaints takes time, and the calls of collectors continue? In case collectors call you, just add their numbers to the blacklist: you are not required to talk to them.

• If you constantly repeat that all issues will be resolved by the court and not go into detailed discussions about your difficult financial situation, you can quickly ensure that the collectors do not call at all.
• Never let collectors into your home, under no circumstances.
• Don't give them any documents, indicating partial repayment of the debt, your financial situation, information about your loved ones, children, place of work and availability of property.
• Record all calls and do not delete the call log (if they call at night), SMS messages (when they write threatening SMS) - all this can be useful to you no matter where you decide to go: to the court, to the police or to the Central Bank.
• Use a voice recorder- all threats in personal contact with the collector should be recorded on a voice recorder, as well as telephone conversations.
• Take pictures of the inscriptions made by collectors on the entrance, doors, as well as other signs of damage on your property.
• Invite the precinct and record all this again in his presence and in the presence of witnesses.

social media collectors

Recently, collectors not only write at the entrances of debtors, but also actively communicate in in social networks, trying to reach the debtor in this way, to establish his social circle and interests. Collectors explain their actions by the fact that they are trying to establish the place of residence of deliberately hiding debtors.

The best thing in advance close profiles in social networks (or change your first / last name) so that collectors cannot see your relatives, friends, children and write reminders and threats in your account. Or at least limit it with a "friends only" filter and set a strong password.

Does the collector have the right to write a reminder or threats on the debtor's social networks?

• According to the law, the form of activity of collectors, when they write on social networks, refers to a special permit, that is, there must be a written consent of the debtor.
• So, if you, as a debtor, were written to "VKontakte" without your permission (which none of the debtors will ever give), you have the right to apply to the prosecutor's office with a statement about the ban on the activities of the collection agency and the violation of privacy.
• It does not matter whether they threatened you with violence or politely reminded you of your duty.

In addition, knowing how collectors can threaten a loan, it is better to resort to an additional measure: come to the bank in whose interests the collector acts (he must introduce himself and provide information on the loan, bank, amount of imaginary debt) and write an application in which to indicate lack of grounds for contacting you with employees working with problem loans.

If you have questions about the topic of the article, please feel free to ask them in the comments. We will definitely answer all your questions within a few days. However, carefully read all the questions and answers to the article, if a similar question has a detailed answer, then your question will not be published.

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Rosstat recently published 2 facts: since the early 2000s, the number of suicides in Russia has increased by 5% and the ability of the population to meet credit obligations has decreased by 37%. Whether they are related to each other is unclear. But against the backdrop of reports of rapist collectors from Novosibirsk, arson of houses and torture of pets, this looks very frightening. Banks are selling the debts of irresponsible borrowers to companies whose employees are often ex-military, released from prison or stuck in the "dashing 90s." They do not shun anything, believing that a frightened and broken client will do nothing. What to do if debt collectors threaten reprisals for debts, the article says.

Legal basis and powers of collectors

Until 2017, the legal framework governing the activities of collectors was limited to some articles of the Civil Code and Federal Law 353 of December 21, 2013 “On consumer credit (loan)”.

According to it (Article 15), the activity of collectors has the following restrictions:

• the professional recoverer can contact the debtor through calls and personal meetings from 8 am to 10 pm on weekdays and from 9 am to 8 pm on holidays;
• KA has the right to send letters, voice and text messages (SMS);
• agency employees are not entitled to use methods that harm the debtor or his property, threaten and intimidate him.

Note! There is no liability for non-compliance with the rules. In practice, this means that consideration of a complaint on the fact of violation of the Federal Law and the Civil Code will most likely end in a refusal decision. Intrusive exactors should be held accountable on other charges: for threats (Article 119 of the Criminal Code of the Russian Federation), extortion (Article 163 of the Criminal Code of the Russian Federation), disclosure of personal information, interference with private life, etc.

Due to the unprincipled and cruel actions of the collectors, the legislators proposed to ban this area of ​​activity altogether (Zag Assembly of St. Petersburg of 01/20/2016). However, the case was limited to Federal Law No. 999547-6 (“Law on collectors”). It entered into force on January 1, 2017. It specifies many details of the activities of the AC, for example, it introduces a ban on talking to minors, the use of physical force and death threats, limits on the number of calls and SMS, etc.

If the collector threatens by phone

The first calls of claimants are usually correct, but then they become more demanding and tougher. Sometimes collectors threaten with physical violence, sending to prison, deprivation of parental rights and telling the whole world about the "shame" of the debtor. Personal insults are launched. Such calls can go all day long, 2-3 in a row.

Note! No one is obliged to listen to insults addressed to him, but collectors should not be rude in response either. Firstly, it will aggravate the situation even more, and secondly, it will work against the debtor when submitting a recording of the conversation in court or the prosecutor's office. But you should not shy away from the conversation either: the hiding borrower will be recognized in absentia as a fraudster.

What to do if collectors threaten by phone?

If the collector came personally

Sometimes collectors do not have enough telephone conversations and they go “to the place” to directly put pressure on the debtor.

Note! By law, the KA has the right to personal meetings. They must be held face to face, that is, the creditor does not have the right to contact his neighbors, employers, relatives, etc. without a debtor. However, if an agency employee came in person, it is worth calling witnesses to the conversation. As a rule, the tone does not rise in the presence of third parties.

What to do if collectors threaten at a meeting and what they can do:

If the collector threatens to sue

The most common threat of creditors is "imprisonment for life." Be that as it may, the collector's appeal to the court is more likely to play into the hands of the debtor than the KA. Firstly, law enforcement agencies will find a lot of violations of the client's rights in the event of a counterclaim. Secondly, the court is more loyal to the borrower, obliges to return only part of the debt in shares depending on solvency, and bailiffs act within the law. And the bankruptcy of individuals whose debt is more than 500 thousand rubles, and the delay is 5 months, has not yet been canceled.

In practice, ACs rarely go to court, this is a last resort. All due to the fact that only a part of the amount can be returned this way (often less than the cost of the debt from the bank) and not immediately. And in the event of bankruptcy of the borrower, there is a risk of losing investments altogether.

If the collector threatens on a loan that was not taken

Collectors are extremely inattentive: sometimes people who have nothing to do with debt become their victims. Or relatives and guarantors, the decision on whose obligations can only be made by the court. Often this happens when the borrower changes the phone number, and then another person buys the contract.

What to do if collectors call and threaten someone else's debt?

• Practice shows that a single warning and clarification of the circumstances does not lead to anything. A CA serving a well-known bank needed to explain 5 times that the phone number was bought by a third party. The calls stopped only after the intervention of the legal department of the company and the filing of a complaint with government agencies.

Note! Although an outsider is not obliged to report to the collector at all, for the first time it is strongly recommended to explain to professional recoverers that they are not calling the debtor when there was a change of number, the name of the new owner. Be sure to keep a record of the conversation and warn that in the event of a repeated appeal (even a correct one), a complaint will be immediately filed with the appropriate authorities

Where to complain about debt collectors

No one, even a malicious defaulter, should not listen to insults addressed to him.

Where to go if debt collectors threaten to kill?

• To the department of Rospotrebnadzor for the protection of the rights of consumers of financial services and minority shareholders (in Moscow, Neglinnaya street, 12). Upon the fact of the complaint, there will be a check of the right of cession and the activities of the AC. Rospotrebnadzor considers collection offices illegal and often initiates legal proceedings and prosecutorial checks, acting on the side of the debtor.
• To the Central Bank of the Russian Federation with a demand to check the credit institution that sold the debt, and KA. Send a copy to professional claimants. Perhaps this will not have a big effect, but it will show the collectors the professional literacy and intention of the debtor to protect their rights.
• To the prosecutor's office or court in case of direct threats and extortion. In fact, a prosecutor's check will be carried out and penalties will be taken.
• NAPCA (an association that includes the largest Russian spacecraft) should be contacted in case of threats, psychological pressure, or incorrect behavior. After consideration, a decision will be made, often in the style of “no violations detected” (they still act on one side). Feel free to bombard this organization with complaints constantly by emailing and posting.

Even if the borrower is heavily indebted to the bank, no one should threaten and psychologically put pressure on him. It is possible and necessary to seek justice for unprincipled trade unionists. The main thing is to keep your composure, know your rights and not be afraid to fight for them. And the most valuable advice: in order not to suffer from the actions of collectors, you do not need to take on obligations that may become impossible to fulfill.

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Threats of collection companies are their main way of influencing debtors. At the same time, collectors often do not choose how to express their intentions, while not particularly worrying about how effective their threats will actually turn out to be.

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What rights do collection agencies have?

When assessing the level of rights of a collection agency, one should proceed from the fact that, according to the terms of the loan agreement being concluded, it retains its own validity period even after the bank has sold all the debts.

In this case, in fact, there is a transfer of credit rights from the bank directly to the collection agency, which, as a result, assumes all the rights of the creditor under this loan agreement.

At the same time, the fact that the loan was issued by the bank does not matter, but the collection company requires it.

Thus, in essence, there is a transfer of rights to receive a refund of credit funds to a collection agency, while it also inherits all the basic rights of the borrower.

The rights of the collection agency in this case are limited to expressing requirements for the implementation of the return of the debt, taking into account the accrual of all due fines and interest on the amount of the debt.

At the same time, the activities of collection agencies are limited by the framework of the loan agreement and the legislation in force in the country.

All the rights of collection agencies to collect debts from debtors are essentially reduced only to the demand for the return of debts under the concluded loan agreement. At the same time, there can be only two methods for exercising such a right.

It makes sense to analyze them in detail:

1. First of all, collectors have the right to send letters to the client and the corresponding demands for the return of the debt. It is necessary to have certain information in such letters and demands in order to consider them legal enough.

This information should be of the following nature:

• a description of the grounds on which the assignment by the bank of the right to claim debt under a specific loan agreement was made;

• information regarding the current state of the debt at the time of filing a claim for its return;

• information regarding the timing of debt repayment and the level of responsibility for failure to comply with such a requirement.
  

  The degree of responsibility is determined by filing a statement of claim with the judicial authorities on the fact of non-repayment of the debt.

At the same time, there can also be two ways of delivering such requirements. Either this is a postal letter with an appropriate notification, or delivery directly to the debtor in the hands of a signature.

To do this, the collector can voluntarily invite the debtor to his office or personally come to his home or work.

The collector has no right to break into the debtor's home, since in this case he falls under criminal liability in accordance with applicable law.

2. A personal meeting of the collector with the debtor involves a number of options pursuing the ultimate goal of returning the current debt from the latter.

To do this, representatives of collection agencies must determine the reasons for non-payment of the debt, as well as bring to the attention of the client its total amount, taking into account accrued interest and penalties.

At the same time, the client is obliged to clearly understand the consequences of his failure to fulfill the obligations that he has assumed.

It should be noted at the same time that in this case collectors are obliged and have the right to act exclusively by methods of persuasion.

They have the right to carry out certain actions exclusively within the framework of pre-trial coordination of the entire range of issues related to the return of the debt.

If there is no return of the amount of debt on the part of the person who entered into an agreement with the bank, collectors have the right to go to court to resolve the protracted issue.

What to do if threatened?

Collectors often resort to threats in the course of their activities.

Some of the ways in which they express their threats include:

By phone

In this case, you can simply not continue the conversation with them. Of course, one should not swear and insult them, but one should not listen to threats addressed to oneself, in whatever form they may be expressed.

At the same time, it is not bad to know the rights of collectors and to remind them unequivocally of which of their rights, stipulated by law, they are violating in this case.

Debtor's neighbors

In this case, it does not hurt to conduct explanatory work with neighbors and advise them not to enter into any negotiations with collectors.

In the end, it is the neighbors who have absolutely nothing to do with such a situation, and they should not listen to threats addressed to them.

At the same time, collectors can be reminded of the possibility of bearing administrative responsibility for making threats to people who have nothing to do with the case under consideration.

Sending threatening sms

On the part of collection agencies, this is the most stupid thing you can do. In this case, first of all, you should not delete the sent SMS in order to have something to present to the police in case of such a need.

Such messages are not within the competence and rights of collection companies, so you should not pay special attention to such statements.

What has changed in 2019?

In the current year, cases of non-repayment of loan amounts by individuals have become more frequent. At the same time, collection companies have tightened their activities, which now regularly send threatening messages to debtors.

On the other hand, some banks have ceased to exist in the country, which causes certain difficulties in repaying debts in episodes specifically with these banks.

Nevertheless, the activities of collection agencies are attracting more and more attention from the state.

This year, a law was adopted that clearly stipulates the procedure for conducting the procedure for fixing the fact of bankruptcy of private entities.

From now on, debt in volume 50 000 rubles, which the creditor does not repay for six months is sufficient reason to declare a person bankrupt.

At the same time, the banking structure that provided a loan to a person does not have the right in relation to him to demand the withdrawal of his property. This also applies to the debtor's apartment, even if the loan taken earlier was a mortgage.

In addition, a number of scandals related to the conduct of illegal activities by representatives of several collection agencies have been covered in the press this year.

Law enforcement agencies received a stream of applications from citizens regarding intimidation by collection companies.

In this regard, representatives of law enforcement agencies repeatedly expressed their desire to take the collection of debts under close state control, as well as to impose a significant restriction on the rights of collection companies.

Collectors threaten children

In this case, it is mandatory to properly set up your children in advance. Collectors do not have any legal right to come into contact with children at all, and this idea should definitely be conveyed to the minds of children.

In the event that such manifestations take place, it is required that children necessarily tell adults about each such fact. It is also desirable that the facts of threats be documented.

These can be voice recordings or video footage taken on a mobile phone. Such facts can later be used to file a complaint with the relevant law enforcement agencies.

There are already plenty of such statements.

In view of the development of the economic crisis in the country, cases of non-repayment of bank loans became more frequent, after which collection companies became more active.

Their representatives often lie in wait for the children of debtors near the schools where they study in order to take advantage of any means of influencing the debtors.

It is necessary to clearly understand that such actions are not legal and, if possible, they should be recorded.

If there is no such possibility, in any case, you should explain to the children that you should not enter into any conversations, but it is better to just leave right away.

How to behave?

First, in no case should you indulge in fear or panic. It is necessary to clearly understand the full scope of powers of representatives of collection companies, what exactly they have the right to do under the law, and what they do not have the right to do.

If the collectors violate the framework of the current legislation, it is precisely this that should be paid their immediate attention.

In addition, you can personally negotiate with collectors. Where they will take place at the same time, at the debtor's house or in the office of a collection company, a person has the right to decide independently.