As one smart prankster said: “A family has a loan.” And there is. From household appliances to building their own home - people often take loans for various needs. However, modern realities are such that with a consistently high income today is not a fact that it will remain for a long time.
The causes of sudden financial problems can be many. A person needs money, he turns to a credit institution, signs the necessary contract, receives the money, having confidence that he will be able to pay the monthly amount to the credit institution. And now, after a while, something went wrong: serious financial problems appear, and with them on the threshold of the house and collectors. Yes, and not just with harmless warnings, but with persistent demands to pay the debt with accumulated interest. What to do if collectors threaten by phone and in person, this article will tell.
When do you have to deal with collectors?
If before, not everyone heard and knew little about such a phenomenon as collectors, now they have earned great fame. And that, probably, everyone already heard that there are such. Yes, indeed, without clearly defined rules for “knocking out” debt from malicious debtors, collectors are not always guided by the rule of “soft power” in their actions, but quite the contrary. They sometimes start with direct threats to the deadbeat and get to the actions that fall under the criminal offenses. And today few people know what to do and what to do if credit collectors threaten.
If the borrower nevertheless has financial problems, and he probably has every chance of an early meeting or conversation with the collector, then you should not be afraid right away. It is necessary to figure out whom the Russian law ranks as collectors, what rights and obligations it gives them. Forewarned is forearmed.
Who are you, citizen collector?
Unfortunately, at the moment there is no specific federal law that would clearly indicate what to do if collectors threaten, and would regulate the actions of these individuals.
To be more precise, there is a draft of such a federal law “On Collection Activities”, it has already been approved by the State Duma, but it has come into legal force since January 2017. If we turn to this bill, then under the collector should be understood as follows.
Collector - an individual who has entered into an agreement with an employer, namely a collection organization, or registered as an individual entrepreneur whose main activity is to return unpaid funds to a creditor who transferred to overdue status. Collectors work on a reimbursable basis.
Collector Activities
Based on the fact that the law has not yet entered into force, the activity, and especially the illegal actions of collectors by many lawyers, is being called into question. Rospotrebnadzor does initiate the prohibition of such activities or the early implementation of such a necessary Collector Law. So that borrowers can know exactly about different situations and if collectors threaten what to do. Articles of the law No. 353 “On consumer credit”, which is currently in force, nevertheless determine the terms of reference and responsibilities of collectors:
- work with debtors through personal meetings, telephone conversations, possibly letters and SMS messages;
- the collector must introduce himself: state his name, voice the collection organization, if it is one;
- collectors are prohibited from disturbing debtors on weekdays from 22.00 to 08.00, as well as on weekends and holidays from 20.00 to 09.00.
Any activity, any other initiative of the collector, except for the items listed, is prohibited. Not to mention the notorious threats against both the borrowers themselves and their relatives. The exception is other actions in relation to the “fined” borrower, which were specified in the loan agreement signed by the credit institution and the borrower.
Who can't be a collector?
The bill “On collection activities” prohibits the following persons from filling a collector's position: former criminals convicted of committing criminal acts against an individual, the state, as well as in the economic sphere, whose criminal record has not been canceled or canceled, and persons who do not reside in Russia.
In what ways does the collector reach the debtor?
There are two ways in which the collector finds its “victim”:
- A credit institution represented by a bank calls for professional assistance from a collection organization with a request to collect overdue debt from a borrower who does not want or cannot pay his loan. In this case, the debt is returned to the account of the bank itself, and the collector acts as an intermediate link between the debtor and the credit institution. Well, a convenient combination: the bank gets fewer problems, and the collector receives a cash reward.
- The bank repays the debtor of the non-payer to the collection organization, and now the borrower owes the amount not to the bank, but to a specific collection agency.
In both cases, the collector receives the personal data of the borrower and, at its discretion, begins to work with him. In the second scenario, when the collector works directly in its favor, the very bad and dangerous for the health and life of the deadbeat and his relatives occur. Banks, when they contact their borrowers, work more delicately, without resorting to threats, because they protect their reputation.
The main rule of conduct with the collector
What if collectors threaten? "Calm, only calm!" - this is the motto of communication with a representative of a collection organization. In whatever form, personal or by telephone, one had to have a conversation with the collector, it is necessary to maintain a sober mind and a bright memory. Of course, most often collectors prefer a telephone conversation with the debtor, but personal meetings also happen.
If the collector has come home
If you are "lucky" to open the door to the collector, then we can give some recommendations. In a personal meeting, you should definitely inquire about the citizen who has arrived: who, what position, from which particular collection organization.
What if collectors threaten? When contacting them, it would be nice to use the audio recording of the conversation, warning the uninvited guest about this in advance. Perhaps this will save the debtor from inadequate collector behavior and potential threats against the deadbeat and his family, or, if necessary, will serve as evidence of threats and extortion in court. If the collector urges you to sign any documents, in no case can you sign anything at all.
What if collectors call and threaten?
Most often, the collector communicates with the debtor by phone, there are also some tips:
- At the beginning of the conversation, the authorized person must introduce himself and name the collection organization on behalf of which he is calling. You should definitely ask the phone number of the organization. If the caller evades this rule, then the conversation can not continue.
- To protect yourself from fraudsters, it is worth calling back to this number and clarifying whether the collector with whom they had a conversation works.
- The next step should be a conversation with a representative of the bank, in which a loan was taken in order to get acquainted with the current debt of the borrower. If the bank threatens collectors, what to do in this situation? If the debt has already been transferred to the collectors, then it is necessary to clarify which ones and request the appropriate documents.
- In order not to get to situations when collectors threaten relatives (what to do if this all the same happened, you will learn further), you can not transfer any information about yourself as a borrower, members of your family and close people. Even if a person managed to inspire confidence over the phone, it is impossible to transfer not only personal data, but also to inform about the property of the debtor and his relatives. By uploading any of the data listed above, people, without realizing it, give collectors the opportunity to blackmail and threaten in the future.
- If the debtor is exposed to constant threats and extortions by phone, then there is nothing easier than blacklisting this number on your phone.
- In the end, in the case when a person does not know what to do if collectors are threatened with violence, we can remind the extortionist that, according to the law, his methods of work are illegal and can have certain consequences for him. Perhaps this will bring such a collector to life.
Collectors are threatened: what to do, how to protect yourself
Collectors are different: some conduct their professional activities in good faith, respecting the person’s personality and the law, but there are others for whom the implementation of a business plan and raising money from a debtor by any means is normal. What if collectors threaten? If, despite all the warnings from unscrupulous collectors, the borrower is faced with a threat and blackmail, then you should not panic. The law is always on the side of the person, does not allow any illegal actions against him, even if it is the debtor of the bank. Russian law prescribes punishment for any insult to a person, extortion of various forms, blackmail and threats.
Evidence Collector Application
Faced with the unlawful actions of the collector, the borrower needs to write a statement to the law enforcement authorities, prosecutor's office or police department, backing up his statement with possibly available evidence of threats. Such evidence may include: audio recording of a telephone or personal conversation, a note thrown by the collector, SMS messages. Also, for protection from unscrupulous collectors, you can contact a professional lawyer with experience in this field, as well as the Rospotrebnadzor. The latter completely denies the legality of such collection activities and always supports complainants. By the way, you can file a complaint with Rospotrebnadzor both at the regional office and through the official website on the Internet, which is very convenient.
If we assume that a fraudulent collection agency is working with the debtor, then an application to them to law enforcement agencies will already be sufficient reason for the disappearance of threats against the debtor. Therefore, do not neglect this.
Conclusion
Finally, after all the rules and recommendations, I would like to give the most important and most reliable advice to the debtor, who is exposed to threats: let him pay his overdue debt as much as possible, and all problems with collectors will come to naught.