Many Russian citizens have probably heard about amendments to the law on collection activities. This article will talk about what should be expected in the field of debt collection.
Collection Activities: General Description
Truly happy is the person who does not know who the collectors are and what they are for. However, it is still worth talking about collection activities. Commercial banks regulate it, wanting to quickly recover payment from debtors. Many bank employees claim that hiring collectors is one of the most effective ways to solve the problem of loan defaults. However, the debtors themselves do not assess the activity of collectors in the most positive way. What is the reason for this? In many respects, a negative attitude towards collectors is due to the rigid and crude form of communication, and often even the absence of at least some kind of dialogue. So, debt collectors can even break the law, if only to intimidate the debtor more strongly. The question of when the law on collection activities comes into force became more and more urgent.
Naturally, dissatisfaction with the work of debt collectors could not bear fruit. In 2016 and 2017, certain amendments were adopted, as well as the law on collection activities was introduced. It is worth telling about it further.
2016 Act
Even before 2016, the most important area of legal assistance received its development - the so-called anti-collection services. However, not every citizen could afford the help of a qualified lawyer. The situation worsened more and more, until, finally, in 2016 (in July) federal law No. 230 was adopted, which regulates the activities of employees in collecting debts. The question of when the law on collection activities will be adopted was, it would seem, closed. However, many experts, and indeed the citizens themselves, considered the content of the project to be insufficiently comprehensive and voluminous. The only important regulation that regulated the Federal Law of 2016 was a ban on the activities of private collectors.
Parliamentarians have announced a new draft law on collection activities. It entered into force on January 1, 2017. What can you tell about this project?
The first group of provisions of the law of 2017
What are the provisions of the Federal Law on Collection Activities? It is worth answering this question based on the bill itself. The first thing that would be worth highlighting is the provision on making claims to the debtor. From now on, all questions to the person in arrears of money should be presented either by the creditor himself or by the official collection organization. In addition, since July 2016, each similar organization should be registered in a special state register. Here, by the way, it is worth giving important advice to the debtors themselves: collectors must require a registration number! Otherwise, you can contact an illegal group, which is constantly creating problems. It is worth remembering that the lender does not have the right to attract more than two persons to carry out the functions of repaying debts.
Who can collectors communicate with and who can they not communicate with? The Law on Collection Activities also regulates this point. Thus, debt collectors cannot contact the debtor's family or relatives without the consent of the debtor. Otherwise, you can safely sue.
The second group of provisions of the law of 2017
The law also prescribes the basic norms of interaction between creditors and debtors. So, conversations between them can be conducted only in personal meetings, by phone, by written or voice messages. No other form of interaction is no longer possible, only if the debtor has not agreed. That is why it is worth noting the illegality of all “unexpected meetings” in the form of the desire of collectors to break into the house, catch the debtor somewhere on the street, etc.
The Federal Law on Collection Activities also prescribes the basic requirements for debt collection workers themselves. So, working with a collector will not work for people with an unexpunged or outstanding conviction. The persons under consideration should work only on the territory of the Russian Federation (for example, calls and letters from collectors located abroad are illegal). At the same time, each debt collector must act calmly, reasonably, and, most importantly, legally.
What is forbidden to collectors?
The Law on Collection Activities entered into force in 2017, and the first thing it influenced was the labor functions of the workers themselves. From now on, for collectors there are a number of clear prohibitions established by law. What exactly refers to this?
- the use of physical force, threats or other methods of intimidation against debtors;
- damage to property, threat to damage property;
- the use of measures dangerous to health and life;
- psychological pressure on the debtor, humiliation of his honor and dignity;
- misleading the debtor (regarding the amount of the debt, the terms, the possibilities of applying the punishment, etc.);
- the pursuit;
- the provision of other methods of unlawful harm, abuse of their official functions.
Thus, the list of prohibitions regarding the debtor is really large. However, prohibitions are far from the only thing the collector should know about.
When collection activities are not acceptable?
Each employee in the field of debt collection should remember a number of situations when his work is unacceptable in principle. What exactly is it about? The Law on Collection Activities in the Russian Federation governs the list of the following persons, in relation to whom collection activities should not be applied:
- a citizen is declared bankrupt, and therefore he is no longer considered a direct debtor (he signed an agreement with a creditor on debt restructuring);
- the debtor is not a competent person, either he is being treated in a special medical institution, or he has the status of a disabled person;
- minor citizen.
In addition, the following rules are established:
- collectors should not disturb debtors from ten in the evening until eight in the morning on working days, and also from ten in the evening until nine in the morning - on holidays and weekends;
- meetings with collectors should not be made more than once a week;
- phone calls should not be made more than once a day;
- written and voice messages are not allowed to be sent to the debtor at certain hours (at the same time when collectors should not be visited by citizens).
Message form to the debtor
Collectors have the right to send various written messages to debtors. The Law on collection activities (entered into force in 2017) regulates this point. So, a special form of letter is being established, which should never be left out. What is this form? Here is what it should contain:
- information about the creditor;
- PSRN (main state registration number), TIN, location of the creditor, name of the debtor;
- creditor contacts: address, phone, email, etc.
- Name of the person making up the message;
- information about the documents on the basis of which the requirements are presented to the debtor;
- amount of debt, maturity;
- details of the bank account on which you can put money in order to pay off the debt (or part of the debt).
None of the above should be withheld. All necessary information should be contained in the letter.
Who can work as a collector?
The law strictly limits the number of persons who could work in the field of debt collection. So it will not work to carry out the profession of a collector in persons with an outstanding or unexpunged criminal record. In this case, the collector must directly cooperate with a bank or other financial organization.
A person who does not have compulsory insurance for causing losses to the debtor (but only if the amount of the debt is at least 10 million rubles) cannot work as a collector. Separately, it is worth highlighting the responsibilities of the collection organization itself. So, she should have her own website, mail, special equipment and software, a certificate of entry into the state registry and much more. Debt collection organizations are prohibited from disclosing information about the debtor, his debt or property.
The question of whether a law on collection activities has been adopted has been closed since January 1, 2017. However, another question becomes no less important and relevant: how effective is this law? After all, the news of beaten or dissatisfied debtors has not decreased. Collectors still do arbitrariness, set fire to houses, damage property and commit other criminal acts. What threatens them for this, what punishment is imposed in this case?
Penalties for collectors
Responsibility for illegal actions by employees to collect debts is prescribed in the Federal Law of July 3 last year. Thus, fines for violations threaten both collection organizations and lenders. The numbers are as follows:
- from 5 to 50 thousand rubles - citizens;
- from 10 to 100 thousand rubles - officials;
- from 20 to 200 thousand rubles - legal entities.
This also includes the administrative decision to stop the activity up to 3 months (90 days).