You can arrange a loan in any microfinance institution if a citizen has an official place of work, but sometimes not required. After some time, the borrower understands that the debt is not able to pay off, and does not accept any actions: not looking for work, does not appeal to the credit institution with an explanation of the reasons why it cannot pay off a loan and so on.
A microfinance organization has the full right to sell the debt debt to the collector agency. From that moment on, the collector agency begins to recover the debt.
If you came home
If the collectors came home, the debtor must adhere to the following recommendations:
- First, the borrower should ask to provide a certified copy of the contract with a credit institution that sold his debt to collectors. Also, an employee should have a power of attorney in his arms (the original document, not a copy).
- Take a picture of all the documentation provided and the employee of the collector agency. He should not impede, otherwise the dialogue must be stopped. If the conversation took place, write it down on a voice recorder or phone, for any illegal case (threat to the address of the debtor).
- Never transmit cash collectors. Make money on debt repayment yourself in the same bank where the loan took.
- To let them in your house is optional. The borrower should not show their welfare to unauthorized persons, which can be removed into debt repayment. It will be difficult to stop the unpleasant conversation, especially if there are no people nearby people who could call the police.
- If the ability to pay off the debt under the loan agreement never appeared, it is better to cooperate with the bailiffs. Their activities are settled at the legislative level, in contrast to collector organizations.
And it should also be remembered, employees of the collector agency are not entitled to penetrate the house or apartment by force, otherwise a person should contact the police. The reservoir is regarded as petty hooliganism, a fine and arrest is appointed up to 15 days. It is necessary to apply to law enforcement agencies in the case of the provision of psychological pressure, extortion.
If sent a letter
In this case, two options are provided: registered and simple correspondence.
If an employee of a collector organization sends a letter with the "Custom" mark, the decision to receive them takes directly the addressee. There is an opportunity to see the envelope before it started to fill the form form. If the sender is undesirable, then just refuse to fill. In this case, the letter is sent by the staff of the post office back, the sender.
Secondly, the unpleasant moment may be the situation in which another person can get a registered letter, not a debtor. Causes: The address of constant registration is incorrectly indicated, or the place of registration has been changed. The debtor wants to keep problems taking place with him in secret, should regularly check the mailbox at the specified address.
Upon receipt of the letter, you must consider the following aspects below:
- Often, collectors send documents without seals and signatures. The copy has no legal force, the letter boldly can be ignored.
- It will be right on the part of the debtor, if in response to the resulting letter will send a request for certified copies of agreements with a credit institution. Collectors already have the right to demand a debt return borrower.
- Obtained the claim does not have legal strength without a judiciary. There are no guarantees that really debt is transferred to court.
In general, it should be noted that any claims from the collector organization, expressed in the letter, are not guidance for action. The only legitimate debt collection method is a court decision. On its basis, collectors or the bank has the opportunity to appeal to the bailiffs.
If you started to come
For the first time, learn that the debt was transferred to the collection agency, the borrower can learn on the phone, and only provided that the credit agreement provides for the transfer of the client's personal data to collectors in case of non-payment of debt. Now all credit organizations prescribe this item in the contract, so before putting a signature, you should think that it will be if you cannot make contributions to repay a loan, which consequences are waiting.
If the collectors began to call, it is necessary to follow the following rules:
- You should start a telephone conversation with the fact that the interlocutor must introduce themselves to report on the activity, the goal of the call and so on. Such information will help if they are threatened by phone. Preferably all conversations to fix on the voice recorder, phone .
- In no case provide personal data. A person representing the interests of the credit institution collects new information about an accredited person. The borrower must understand that it is unprofitable for him, can lead to the personal arrival of collectors to the house.
- Talking with a collector on the phone you need to calmly, not nervous. Often such employees are prescribed psychologically to the borrower, so that in the emotional impulse, he can report confidential information. But it is worth remembering that these calls will continue until the loan is repaid.
Borrowers after the first call rush to change the phone number. It is useless, as they probably pointed out phone numbers of relatives. Collectors can call the debtor's relatives and seek the return of debt.
According to the new law, they have the right to dialogue and require repayment of debt directly from the debtor itself. Otherwise, write a statement to the police. As practice shows, after that they become polite and call occasionally.
According to the Consumer Loan Law, they are not eligible to call or disturb at night after 10 pm, as well as on Saturday, Sunday, holidays after 20:00.
What if you are not a debtor?
Unfortunately, the number of citizens who are not debtors fall into collector organizations, did not make money a loan. This is due to the lack of responsibility in that subject, which, when making a loan, indicates the numbers of phones of completely strangers.
What if you are not a debtor, but collectors get their calls and visits? Actions: Prepare an appeal in writing and transfer it to collectors. If the collectors do not cease to demand a debt compensation, which a person did not take, contact the police. If it does not help again, it remains to apply to the court.
If you are debtor - expect debt in a timely manner, then there will never arise problems with collectors.
A source: https://fedzakon.ru/financial/kak-vesti-sebya-s-kollektorami.
How to behave with collectors?
The scope of debt collection is only gaining momentum in our country. In European countries, the collector business has long and firmly entered financial and economic life. We also have the majority of the population and noteworthy do not have any organizations working in the segment of problem debt.
In our article, we will tell about how to behave correctly, if collectors are threatened: with a personal meeting or when communicating by phone. And also reveal the main features and specifics of this activity.
The essence of the work of collectors: how do they work?
Important! It should be borne in mind that:
- Each case is unique and individual.
- Careful study of the issue does not always guarantee a positive outcome of the case. It depends on the set of factors.
To get the most detailed advice on your own question, you just need to choose any of the proposed options:
Collective agencies are engaged in recovery of overdue debts. This is done on the reference of the lender, which does not have its own pre-trial service, or who simply does not want to spend time on working with a problem debtor. One way or another, this happens when a citizen does not pay a long-time loan.
How do collectors work?
Actually the essence of the work of collectors is reduced to buying debts inexpensive in order to quickly and legally knock out these debts from the debtor.
We indicated "legally" above not by chance. Many citizens who have stretched relationships with banks often scares the prospect of what their business can be transferred to the collector agency.
After all, these organizations, as you know, often work on the verge of legality, and their methods are sometimes formed by the composition of certain offenses.
However, most of the similar agencies tries to correspond to the letter of the law.
Plus, many do not understand how, for example, talking with collectors by phone, and in general, as collectors with debtors work. We will tell about it further.
So, the bank sold your loan to collectors, what to do?
Methods of collectors for work with debtors
Here to say something specifically will be extremely difficult, because Each collector agency has their own debt recovery methods. But together with this, the most common methods can be distinguished.
Among them are the following:
- phone calls for all known numbers related to the debtor (including work);
- threats about the possible recovery of property or even criminal liability;
- Exit activities at the location of the debtor.
Each method is based on psychological impact in the debtor. Although practice knows a lot of examples when debt recorders resorted to physical measures. That certainly has nothing to do with the prescriptions of the legislation.
Attention! If the agency applied to you methods of physical impact, be sure to contact the police!
Communication with collectors: how to behave correctly?
Because The activities of collector agencies are not regulated yet (the notorious federal law will not be accepted soon), then it is not yet necessary to talk about any specific rules of behavior.
For example, you should know that collectors do not have any power and powers regarding the debtor. Those. Most of what they are talking about is no more than empty and uncomplicated threats.
Nevertheless, it is necessary to clearly understand the framework of the permitted and know that your communication with collectors is necessarily fixed and in the future can be used against you in court. Therefore, you need to talk right.
How to talk with collectors by phone
Many are known how collectors can torture calls. As a rule, they do not ceremony with debtors, unlike banking services, and name at any time of the day and night, as well as to all who can only, do not miss the case to express threats to relatives, colleagues, etc. What to do in this situation? How to talk to collectors on the phone?
It is important to know that in a conversation with a collector by phone, it is advisable to fix the conversation with the help of audio records. The fact is that the operators of such services often allow themselves a lot of superfluous. This circumstance can serve as a reason for the conversion of the debtor to law enforcement or court.
Plus, in a conversation with a collector, you must find out on what basis he calls you. There may be two options here:
- or the bank appealed to recovers under the contract agreement (assignment of rights on your contract);
- Or your debt was redeemed from the bank, and now you have to make money collectors.
You have the full right to demand from the recoverer to provide full information regarding your loan agreement. After all, it is possible that ordinary fraudsters called you, who have access to the database of debtors.
And if a collector has introduced himself to a conversation (called the name and surname), he voiced the number of the loan agreement, the account number and other data, it turns out that the debt agency is really dealing with you.
It should be remembered what to threaten, insult and generally talk to the collector on elevated tones is not recommended, because On the other side of the telephone wire, conversations are also recorded. Therefore, in any situation, restraint should be maintained and not to succumb to the provocations of the recoverer.
How to behave with collectors when meeting
What to do if collectors come to you? The so-called departure to the address is also one of the methods of psychological impact. If you were knocked on the door, and introduced themselves to employees of the collector agency, then You have full right at all do not open the doors them.
No violation in what they knocked you on the door no, but if it continues for some time (for example, if they call the door for 10-15 minutes), then this can be qualified as hooliganism, which means there is The reason to call police officers.
By the way, this is a very effective method, because Collectors do not particularly like to deal with law enforcement agencies, which means that they will most likely "make legs".
In conclusion about the law on collectors
To the question, how to deal with collectors, while there is no answer. Unless, except for the appeal to law enforcement agencies.
As long as the draft federal law "On collectors" wanders in high Duma corridors, it will be the only effective method.
But if the work of collectors occurs within the law, and they have the right to work with you, then the debtor, one way or another they will still have to pay. As soon as this law comes into force, we will update this material.
A source: https://viplawyer.ru/kak-vesti-sebya-s-kollektorami/
How to communicate with collectors, and whether they should be afraid
Unfortunately, not all people responsibly belong to their credit obligations. Sometimes this is due to the influence of any serious circumstances, but it happens that a person simply does not want to pay for the debt. And in the same time, the bank is trying to return its funds.
As a rule, financial organizations themselves are rarely engaged in the return of debt, because for this, the staff of the credit institution should have employees who are obliged to work with problem clients.
Often lenders get rid of the debts of negligent customers by attracting collector agencies, since such stories worsen financial indicators of the credit institution.
About how to communicate with collectors correctly, is told in the article.
Why bank transfers business collectors
Being engaged in unlucky borrowers, the financial organization first stresses debtors, threatening the sale of debt to the collector firm. Lenders know what effect it produces, collector borrowers are very afraid.
Often after such a warning, the client repays a loan. But if the debtor is inactive, after a while, this debt is actually transmitted to collectors.
How to communicate with collectors and employees of banks, if you have an overdue commitment?
Article 382 of the Civil Code of the Russian Federation states that the credit institution has the right to transfer the debt to a third party on the basis of the contract of the assignment of the rights of claim.
And the consent of the debtor to make this transaction the Bank is not required. The person who has formed a debt simply receives a notification of the assignment of the rights of claim. The fact that the debt can be sold is written in a loan agreement.
Similar activities of the credit organization are absolutely legal.
What you need to make a creditor if he understands that it is impossible to return the debt? That's right, start communicating with collectors. For example, you can invite them to buy debt.
Collective workers can force customers to pay a loan. They are used even methods of psychological impact.
As a result, the financial organization will return funds spent on the issuance of a loan, improving the characteristics of its financial portfolio.
A source: https://www.papabankir.ru/kollektory/kak-pravilno-obshatsya-s-kollektorami/
How to talk with collectors: Full briefing from lawyers
Each debtor, who made a serious delay in loans, faces collectors.
Despite the fact that the task of collectors is a constructive dialogue with owl borrowers, in reality there may be threats, obscene abdomen, endless calls to work and home with claims and demands to return duty (often with interest), pressure in the debtor and his family members . How to deal with collectors, how to determine the framework of the legality of such pressure? Read in our article!
What is a collector debt, and why do you come with frowning britched "pitchings"?
According to the legislation standards, the Bank has the right to resell the debt to third parties - that is, collectors. This occurs in two ways:
- Through the assignment of the rights of claim.
- Through the conclusion of agency contracts.
Remember, at the same time a bank or MFI (depending on where you took a loan) are not obliged to inform you about resale debt.
There is another one, a common way - the bank simply attracts "bully", paying them a certain amount for intimidating debtors.
This method is illegal, and violating the norms of civil legislation can be easily determined by claiming relevant documents from collectors.
Next, you just contact the prosecutor's office and Rospotrebnadzor, even if the collectors communicate with you within the framework of decency.
Since 2016, No. 230-FZ or collectors law began to operate in the Russian Federation. Below are its main provisions and recommendations, how to communicate with collectors under the new law.
- The fact that you have a new lender (collectors), the bank must inform you for 30 days from the moment of the transfer of debt.
- Collectors must have a legal address, a firm (other form of Jurlitsa), entered in the State Registry.
- Collectors can contact exclusively with you, any contacts with the relatives of the debtor or third parties are not allowed.
- If a condition is written in the lending contract that the debtor does not want to transfer debt to collectors or third parties in the case of force majeure circumstances, then any assignment of the rights of the claim will be illegal.
How often have the right to call collectors, what to do if they came home - all these questions are governed by the law on collecting activities. So, how to determine that collectors violate the law?
Collectors are not entitled to publish information about you on the Internet, on public resources, sent to work, neighbors, relatives, in other ways to disclose information about you. By this, they violate the position "On Personal Data".
How do collectors call according to the norms of legislation? They are not entitled to disturb you:
- On working days: from 22:00 to 8:00 am;
- On weekends: from 20:00 to 9:00 am.
The law establishes the following framework for personal interaction:
- Visits to the debtor - 1 time per week;
- Phone calls - 1 time per day, 2 times a week, 8 times a month.
You have no right to disturb more than one collector agency.
Phone calls can not be from encrypted rooms, from unknown subscribers or from individuals who are not officially employees of the collector agency.
Collectors can not make any complaints to the following persons:
- who pass bankruptcy;
- persons with disabilities of the 1st group;
- hospitalized to people;
- Recognized incapable or restricted persons.
How to talk to collectors on the phone?
Remember, communication with collectors is almost always starting with telephone conversations. Remember, if they try to talk to you, "knock out" a debt, it means that the appeal to the court is unprofitable for them.
If necessary, you yourself can initiate a court with collectors, however, for a start, you can try to achieve consensus (if you do not intend to run away and hide, and are quite prepared for discussing the issue).
Below are several recommendations regarding how to talk with collectors if they threaten / speak quietly / legally require debt / use mat.
- First turn on the voice recorder. Call with an unfamiliar number? Excellent, ask to call back after 3 minutes, and quietly turn on the record. It will be good proof in the event of proceedings with their employees.
- So, call again. How to talk to collectors? Ask what is the name of the organization name, require an employee to introduce yourself. It is important. If you refuse to do this legitimate request, say goodbye and turn off the connection.
- In the process, make sure that you are talking. You will be trying to provoke on a cry, on emotions, but your task is to speak even and calmly tone. Remember, they also write down conversations, and the words said inaccurately can then turn against you.
- Any questions like "as you are not ashamed", "you substitute people," "Sorry, you trusted you, as a reliable and decent person," ignore! Or lead a tough conversation with collectors - answer that this is not their business, and you will not be able to dissolve with such cheap receptions. Speak that you can talk about the moral component of the problem and with your wife, and with them you do not intend to discuss issues.
- Never commit a typical error that confused the debtor - "You see, I lost my job," "Understand, the children are starving, there is nothing to have" and so on. No, you will not understand. But quickly make the conclusion that you are a rag, which is just enough to press a little. And believe me, the pressure will increase.
Important! This is an exceptionally psychological impact on you, physically they harm to the child do not harm!
What else to do and say if collectors call? Fix and analyze all the above. Calls are distributed 2-3 times a day or after midnight? Well, this is an excellent reason to visit the Office of the City Prosecutor's Office.
What if the collectors came home?
The most important thing is that you need to remember - collectors can visit you only once a week, no moreover! If visits happened at least 2 times a week - this is an excellent reason to "raise" on them all existing supervisory instances and law enforcement agencies.
How to behave with collectors when meeting? Remember the following rules:
- Include video or ask someone from the close to conduct video surveillance for such a meeting.
- Speak with them only with witnesses. And the more witnesses, the better.
- Do not let them go home. You have legal right to speak with them at neutral territory. Without your permission, to get into your home they cannot on legal grounds.
- How to communicate? Calmly. It is most important. In any case, they will try to play on your emotions, but your task is to stop such attempts in time and not be conducted.
- Require documents that give them the right to negotiate with you in this case. The document must have a notarization. If it is not - say "Goodbye".
- If you really want to return a loan (at least part) - Speak honestly about your intentions and opportunities. Like, I can give half the amount, such a number, no more. Or so - or through the court. 100 against 1 that they will try to "squeeze" from you more, but firmly stand on your own. At the end, they will agree to your conditions.
There is one way to press collectors and cannot be contacted with them - this is written notice about your desire to the official address of the collector agency. This is your legal right, and after receiving such a letter, any claims to you will be considered illegal. For more information about this you can learn from our lawyers.
How to talk, if you are not a debtor?
Alas, but reviews on the forums indicate that very often collectors use aggressive methods and to people who are not debtors - it can be colleagues for work, relatives and friends of the debtor. In any case, listen to the threat of a little nice. In particular, if you are a busy person, and such "communication" only exhausts you.
All you need is to take video or record at least one such conversation on the voice recorder. Next, you will need to visit law enforcement agencies, Rospotrebnadzor, and provide them with these evidence. As soon as your application is accepted into processing, no one will disturb you anymore.
If collectors are worried, and you do not know how to deal with them correctly - refer to the specialists! If necessary, you can make a power of attorney for a representative office, and in this case, all negotiations with collectors will lead your lawyer. Contact us, we will find a way out of a difficult situation!
A source: https://bankrotconsult.ru/kak-razgovarivat-s-kollektorami/
How to behave when meeting with collectors of a lawyer
Collective companies are created to demand the return of debts from a disadvantaged borrower, which hesitated loan payments to a bank or another credit institution or even stopped repaying his debt. Collectors are in your home without an invitation and often behave quite cheeky and rudely. How to behave when meeting with employees of the collector office, what can we say, how to answer, not to harm yourself?
Communicate or not communicate with the collector?
The direct dependence of revenues of manifolds from the amount of defined debts requires them to improve their skills, invent new ways to knock out debts. At the same time, new forms of work with debtors are not always distinguished by correctness.
And many citizens who communicated with them often have to complain about the work of these individuals. You need to know that each of us has a choice - to communicate with collectors or not. If there is no desire to kill your health, it is better to give up communicating with them and do not come to contact.
If you want to settle the issue with your ill-fated loan, it will be better if you find an acceptable way out with them.
If the case goes to the court, the advice of a lawyer, which are shown below and will tell you how to behave with collectors.
Collector Communication Tips
- You should not have any fear before collectors. Before you start talking, you need to take control of your emotions and behave calmly. To demand a collector to name your name and position, show a document certifying the personality and confirming the authority provided to him to recover exactly with you credit debt.
- The collector is obliged to prevent the borrower all the necessary documents, including the original CESSIA Agreement, which are reordered by the rights of debt. If at least one document is not presented to you, there should be no conversation.
- It is necessary to stop communicating immediately, since most experienced collectors can psychologically affect the borrower, thereby force it to defend or retreat.
- If a representative of the collector agency immediately began to behave politely and calmly convey the borrower the essence of the question, listen to him silently. Be careful to each of his words. If you have questions, do not hesitate to ask them. If the original of the document providing the right to collector to recover the debt is not, the borrower has the right to consider its demands to extortion.
- If the bank sold the borrowing debt collector company, he had to warn him about it. If the borrower is not familiar with this document, the transaction between the tank and the collector company is considered illegal and the presence of a person who does not have any relation to the bank on the verge of your home is illegal. No need to open the door and communicate with such a visitor.
- If the collector demonstrated absolutely all documents with the original power of attorney, bother to learn from him whether he has the authority to perform actions that he has already started to make it plans to do. This means that the borrower, to whom the collector came, should carefully read the documents provided and merged the actions of the collector with what is written in the power of attorney. For example, it requires to prepare all the household appliances, which it has to withdraw on debt repayment.
- Remember, the collector does not have any right to describe, withdraw and conduct any other actions with the property of the debtor. This is the prerogative of bailiffs that can only be done by court decision.
Require from the collector of an explanation, at what point of power of attorney it refers to submitting unauthorized requirements. If this item is not, and it cannot be in principle, do not comply with its requirements. If he insists, call the police and invite witnesses.
- An important point during communication with the collector is the fixation of what is happening. To do this, the camcorder is suitable, the camera, a voice recorder, a mobile phone with a photo and video feature. It would be nice to invite witnesses from the very beginning of the conversation. Show the collector when you meet that you know the laws and your rights. Warn it that keep recording a conversation, and in the case of unlawful actions, the records will be transferred to the prosecutor's office. Watch your composure, no threats from your part should sound. Try to speak calm, behave correctly, do not let yourself break off on a cry, tend and insult. It can be used against you.
- Communication with collectors should not be conducted by the borrower in an exclusive manner. In no case can not cry, not withstanding the pressure and gross behavior of the recoverer. Collectors do not own special rights to recover debts, as they do not belong to law enforcement agencies.
Representatives of the collector office can behave cheekily and disassembled, applying various techniques of psychological impact, as they are confident that the population does not know their rights and does not own legal literacy. Often they are on this right, their manipulation and pressure are doing their job, and many borrowers come across these tricks. Therefore, you need to know the laws and use in communicating with collectors.
- If the conversation of the collector from the very beginning went in a negative key, a threat, accusations, insults, humiliation sound from the head of the collector, attempts to disappear, dial the police number, call the police, write a statement on the collector.
- Tips, how to behave with the collector during such a conversation: Do not go to the collector, do not maintain it to the Maneru of communication, if it has a rough form.
- The harder behaves harder, the calmer you need to communicate with him and behave confidently to the debtor.
- Under no circumstances, do not sign any documents. No matter how much document is, telling the collector that you need to hear the advice of lawyers about this.
How to talk with collectors and do not pay a loan
The Constitution of the Russian Federation contains the concept of inviolability of privacy. Even if a person has debts, all the rights of a citizen of the country continue to spread.
Each person has the right to not let unauthorized persons in their dwelling. You need to use this right.
If a citizen does not carry out illegal actions, and there is no decision to recover in favor of the Bank or the collector company of the debtor's property, there is no need to go to his collector's home, no.
There are cases where collectors come under the guise of bailiffs with counterfeit certificates. No need to quickly hurry to the door. If you can have the opportunity, go to the official website of bailiffs and check whether a lawsuit has been instituted against you.
A source: https://e-zaim.ru/kollektory/kak-vesti-sebya-pri-vstreche-s-kollektrami-sovety-yurista.
How to communicate with collectors
Despite the strict regulation of collectors at the legislative level, there are violations in the work of "debt collectors" today. Officially, in 2019, the prosecutor's office revealed more than 500 such violations throughout the country.
In the Kaliningrad region, the prosecutors were stopped by the facts of providing psychological pressure, humiliation of honor and dignity of citizens.
They are in charge of misleading about the legal nature and the size of an unfulfilled commitment, the possibility of applying administrative and criminal prosecution to them, belonging to the lender to state authorities, the General Prosecutor's Office said.
How to behave to find a way out of the situation when the debt to the credit institution turned out to be an unbearable burden.
Of course, the easiest way to not allow the accumulation of debts. Therefore, the issue of registration of a loan or a credit card is to approach very carefully and calcably.
The results of the study of the Analytical Center of NAPi, they say that more than half of those who have "credits" issued them after the bank's proposal, not pursuing a certain goal, "just in case."
Even if you call on the phone and persistently offer to take into debt - think if you need this burden.
If the loan is already decorated, and you fell into a difficult life situation that does not allow you to pay the debt, first of all it is worth visiting the creditor and try to negotiate with it directly.
Perhaps you will be offered a delay or loan restructuring, if you have a mortgage loan, then by law you will be able to go to the mortgage vacation.
The lender is not obliged to do this, but he is interested in returning debt, so it can go to meet you.
When the debt accumulates, collectors are entering into business. It may be agents acting on behalf of the creditor or a debt dealer who defend debts in their favor.
In any case, today the actions of both lenders and collectors are regulated by law - No. 230-FZ. On him, the lender can attract only one collector agency, and it is obliged to inform the debtor within 30 business days to inform the third party.
If the debt is sold to the collector, the debtor must receive a notice of the assignment of the rights of claim.
On the rights of debtors
If the collector has activated to an official message from the lender, it is worth checking the legality of its activities. All official collection agencies are included in the state register, which can be found on the website of the federal bailiff service http://fssprus.ru/gosreestr_jurlic/. The complaint can be sent to the police, the prosecutor's office, the Bank of Russia and the Federal Bailiff Service (FSSP), which oversees the activities of collector agencies. By the way, before receiving an official notice, you can refuse to talk and with a legally acting collector.
In accordance with the law, the collector does not have the right to hide its phone number or email. To call the debtor, it may not more often once a day, two times a week and eight times a month, only from 8:00 to 22:00 on working days and from 9:00 to 20:00 on weekends and holidays.
Cook the collector's debtor has the right no more than once a week. Without a written consent, he has no right to communicate with the debtor relatives or third parties (therefore, many lenders include the appropriate clause into the text of the loan agreement).
In any case, the relatives and friends of the debtor can refuse to communicate with the collector at any time. The debtor can also withdraw his consent if it was signed.
This can be done by sending a corresponding statement through the notary, by mail by registered letter with the notification to the address of the lender or the collector, or you can give it personally for receipt.
The collector does not have the right to provide psychological pressure into the debtor, humiliate it, apply the physical strength or life-threatening methods, destroy or damage the property or threaten this. It is also forbidden to disclose information about the debtor and his debt to third parties.
The collector must definitely be introduced to - call his name, name, patronymic and the company that it represents. It is obliged to give faithful information about the amount of debt, the date of its repayment, the procedure for going to court.
It is important that even if the collector breaks the debt, the conditions for the loan or loan remain the same.
Camusing the debt, the employee must keep a dialogue in a business style, without moving to elevated tones using abnormative vocabulary.
If the collector violated the rules and caused his own actions to the debtor either his close losses or simply moral harm, the collector organization faces a fine to two million rubles.
How to legally defend?
The debtor has the right to refuse to communicate with collectors. To do this, it is necessary to send a statement about the reluctance of communication or can be resolved only through its lawyer. True, this can be done only four months from the date of delay in payment.
It is best to send such a statement through a notary, by registered mail with a notice or hand it in person.
If the document is incorrect, the addressee is obliged within 10 days after you receive your application, explain how to make it right.
If the debtor refuses to communicate, the lender has the right to transfer the case to court. And if the court decides on the return of debt, judicial bailiffs will be treated for business. They can arrest the debtor's accounts, describe the property and sell it, at the expense of debt repayment.
A source: https://kgd.ru/finazbuka/prava-potrebitelej/item/87336-kak-pravilno-obshhatsya-s-kollektorami.
We fight with collectors legitimate and effective methods
Immorted credit or loan guarantee can become for many months, and then years of real headache. After all, all this time you will have to communicate either with creditors (banks or MFIs), or with their representatives - employees of collector agencies that are annoying all the available ways to return overdue debt.
The least pleasant option is, as a rule, the last: phone calls and SMS messages, endless reminders that you still have not paid on accounts, attempts to draw in the circle of "dedicated" relatives, acquaintances and colleagues - such is not a complete list Receptions used when communicating with the debtor.
How to get rid of collectors perfectly legally, not imposing in open conflict? Let's deal with together.
Who are collectors and why creditors are addressed to them
Collector's agency is a commercial organization whose task is in pretrial procedure to recover debt from the borrower.
Such activities are completely legal, since the cessia agreement (debt assignment) allows credit institutions to transfer or sell overdue debt without the consent of the debtor.
As representatives of the lender collectors do not have special rights to effectively influence non-payers. In their powers, no confiscation of property nor the arrest of accounts, nor the conclusion of the debtor itself.
The main horse of representatives of the agencies is the ability to work with defaulters in the measure of their abilities. Therefore, if you are a debtor, their main arsenal will call calls, personal meetings and negotiating.
How to transfer to the debtosolkottor agency
Why do banks resort to the help of such intermediaries? There are several reasons for this:
- the deficit of office employees who just once be able to deal with debtors;
- the desire to maintain the visibility of loyalty with respect to customers and their own business reputation;
- The lack of sufficient experience with unfair borrowers, because the bank is the structure of credit and financial, and not correctional-educational;
- The duration of the return process of any debt, and the lost time is a missed profit.
That is why banks are easier to conclude a contract with a third-party structure and transfer or sell her hundreds of accumulated overdue non-payment.
What should be aware of the actions of collectors
The main method of working collectors - Calls from the ORMS-mailing. The main goal is to press psychologically to the borrower to make him return duty.
The current legislation does not allow specialists to return debts to resort to insults, blackmail or threats. But to collect a maximum of information about the borrower, tracking his life in social networks, asking for him friends and relatives, can not ban the law.
Relying on the formed "dossier", the collector in the future and builds the tactics of working with the client.
Therefore, if you do not want the representative of the agency to know that, having debts, you fly every year to rest abroad, recently bought new furniture for the country house and plan to spend expensive repair in the apartment, share news about yourself on the Internet .
Or at least competently set privacy settings in your accounts. And in general, less talk about yourself. Think more about how to get out of the current situation with debts.
How to produce supplies
The overall practice of collecting work is simple - regular calls and the maintenance of "sincere" conversations with the client. Scripts can be several. The most typical two methods for the provision of psychological pressure.
- Personal conversation. It begins relatively calm and politely. The specialist reminds of debt and recommends it to pay off. If the interlocutor is trying to object or press on pity, the calling starts to discharge the situation. To direct threats after the entry into force of Law No. 230-FZ collectors are rarely resorted. However, they can suffer a non-payment of a perspective of a trial, possible criminal prosecution, accrual additional interest and so on.
- Calls to work. Taking advantage of contact details made to the Agreement, representatives of the agency can call the debtor to work. In this situation, it is important to take into account what they do. If the collector, typing the phone number, asks to give you a handset, there is nothing illegal in its actions. Especially, if you find you in other way it is not possible. But if, by calling, he begins to tell employees and leadership about your financial situation, demanding to influence you - such a line of behavior is subject to paragraph 137 of the Criminal Code of the Russian Federation on liability for disclosing personal data.
Step-by-step instructions for bankruptcy of individuals in 2020
And collectors are replicated?
So, you called and offered to talk about debts. But are you sure that the collector is at the other end of the line? Scammers today divorced enough. On behalf of the Agency, ordinary passing can call and extort money.
In order not to get caught on a similar trick, immediately specify the last name, the name and patronymic of the called, his position, the company name, which it represents, its address, as well as the number of the contract and the name of the bank with which this contract is concluded.
These simple steps will make sure that the man called by the collector is really engaged in your duty.
Collectors "Gray", "Black", "White"
Another trap, in which it is not necessary to come across, - calls and SMS mailing "black" and "gray" agents who work in the collector services market, without observing the norms of the law.
Unlike the "white" (civilized), "gray" and "black" agencies or are excluded, or have never been included in the National Association of Professional Collection Agencies (ink). And it means that the debt returns are not entitled.
The same semi-legal and illegal microfinance organizations are resorted to their services. They don't recommend loans for their loans, if, of course, in the future you do not want to deal with rudeness and frank rude, bordering with criminal.
The situation in this case will be exacerbated by the fact that for law enforcement agencies whose assistance will have to resort, escaped from persecution and threats, the search for such collectors is often unpromising.
Go find an illegal representative of the underground agency, which employs a half person, and also prove his guilt.
Therefore, try to bypass dubious creditors. Calculate them can not only at high interest rates (more than 2.5% per day), but also through the MFP registry on the site of the Central Bank of Russia. If the organization is missing in the list, it means to cooperate with it - it's like playing an "eagle or a wide". So it is better not to risk.
As practice shows, after the entry into force of the Law No. 23-FZ, the methods of the reservoirs are still not flawless. Even if we are talking about representatives of the "white" agencies whose activities are monitored by the Sadka and the Federal Bailiff Service.
Often worked back at the time of collector mounted by acceptors of debts, debtors use years. After all, they know that debtors are most likely not to verify whether their rights are violated.
Therefore, remember, unacceptable representatives of the agencies are considered:
- Any statement affecting you or members of your family if it contains insults or threats;
- attempts to physically influence the debtor or his loved ones;
- attempts or actually damage to property or pets;
- Exceeding SMS messages established by law, phone calls, personal contacts.
Any of the listed violations is a reason to apply for law enforcement or prosecutor's office.
How to deal with collectors
To give a submitted statement, it is necessary not only to clearly and specifically state the essence of your claims to the work of the Agency and its specific employees, but also provide an evidence base. For this:
- Record all telephone negotiations with collectors on the voice recorder;
- Get a list of calls from the cellular operator and select the numbers from which collectors call;
- Keep in the phone's memory of ALMSMS messages sent to the debts toothbrope;
- Keep electronic and regular letters and other appeals you received from the agency.
Do not forget - concrete facts are important for law enforcement and supervisory authorities, and not emotional arguments seem to "take away collectors", there is no living from them.
How to talk to the collector
To a conversation with collectors should always be ready. Especially if you have a "dependent" credit. It is necessary to act confidently, negotiations will be polite, not leaving for possible provocations from the interlocutor. Here are some general recommendations. They can significantly facilitate the establishment of a dialogue:
- If collectors called suddenly, ask them to call back at another time, referring to employment, and prepare for a conversation.
- Be sure to write down each conversation to the voice recorder (it is now even in ordinary mobile phones). Only about writing a record, warn the interlocutor.
- Try to collect maximum information: let the calling call his name, patronymic and surname; position; agency that represents; The number of the loan agreement and the bank in which it was decorated. If you get a failure, you can safely hang up. It is not excluded that a fraudster called you. There is nothing to hone with a honest collector from the client.
- If the representative of the agency is polite, easily responds to questions, try to tell him about the causes of the cause of debt and attempts to pay off. Perhaps he will suggest you discuss the solution solutions.
- Do not argue with collectors and do not try to ride them or threaten. They are trained to conduct long-term, tense conversations. And for the threats you may be responsible.
Helps to fight the law
The better the client is legally crawled, the more chances of transferring an intrusive dialogue into a constructive channel. In Law No. 23-FZ, the norms regulating the relationship between the collector with the debtor are clearly spelled out. It is necessary to know that:
- warn the defaulter on replacing the debt recoverer The main lender (bank or MFI) is obliged in advance, so if this condition was not complied with, and you found out about it only when collector calls began, you have a complete right not to fulfill the requirements, and the cessia agreement appeal in judicial procedure;
- You can call the debtor not more than 1 time per day, 2 times a week, 8 times a month - exceeding the limit is prohibited;
- Make calls are allowed only from 08:00 to 22:00 on weekdays and from 09:00 to 20:00 on weekends and on holidays;
- It is forbidden to bring to solve the problem of third-party debt, including relatives (unless they are your guarantors);
- every time calling the collector is obliged to prevent fully and call the agency in which it works; personal meetings with the debtor are possible only with his consent to it;
- Any threats to the defailer, his relatives and relatives are prohibited, as well as any form of violence over the debtor.
If you violate at least one of the following rules, contact law enforcement agencies, submit complaints about the prosecutor's office, Rospotrebnompor, ink, the Federal Bailiff Service (FSSP).
A source: https://bankrotof.net/kollektory/izbavlyaemsya-ot-kollektorov-zakonno-i-navsegda/
"Good day! You are worried about the collector agency. When will the loan payouts? " "It is this question that the people who have had problems with paying a loan.
If you do not pay a loan, sooner or later this call will go. Therefore, even if a similar problem did not touch you personally, it is better to be savvy, whether negotiations on the phone with collectors and how to do it right. About this in detail, and not only Tell us in our article .
Collectors - who is it?
The collector agency is the mediator between the debtor and the bank to which the bank "sells" a debtor's loan. The task of collectors is a pre-trial settlement of the arrears of the debt between the bank and the borrower. The main goal of the collectors Do not intimidate a person who has a problem with the payment, but to do so so that the loan was repaid .
- Banks enter into an agency agreement with debt collectors from 25 to 200 thousand rubles. For large debts, the Bank prefers to go to court.
- Why bank does not apply to court immediately and transmits debts to collectors? The answer to this question is simple - after the debt is transferred to the court, the contract is automatically terminated, respectively, Do not accrue penalties and delay .
- What is profitable to the jar? - Get the return of debt from the borrower, but the maximum drawing the time and accruem as possible for the delay as possible.
Collectors often have psychological pressure, but they do not have the goal to intimidate you. Their task using NLP and psychological impact methods, make you understand - Debt payment is inevitable .
What are the employees of the collector agency have the right when calling?
First of all, it is necessary Open credit contract and carefully see if there is a item in it, according to which the bank has the right transmit debt to third parties . If this item is not in the contract, the Bank does not have the right to enter into an agency agreement with someone, transfer debts. Debt recovery can only be done through the court.
Despite the fact that "strong nuts" and former employees of the Ministry of Internal Affairs work in the collector agentsFears
1. Collectors get huge penalties when they behave not according to the instructions or break off on the cry . Output: First of all, turn on the voice recorder on the conversation. Every word.
2. Collectors are afraid law - Like wild beast! Output: At the slightest pressure or accusation by the employee - immediately let us understand that you are aware of "Articles 128.1 of the Criminal Code of the Russian Federation: slander" and "Article 163 of the Criminal Code of the Russian Federation: extortion."
Remember the pain points of the collectors!
In Russia, the legislative activities of collector agencies are not regulated, but it does not mean that they can do anything. Any actions and negotiations can be made. Only within the framework of the Civil Code of the Russian Federation .
- Collectors do not have the right to call the debtor at night, also on weekends. How many and how many Do they have right? - call time - On working days from 6 to 22.
- They have no right and threats, slander against the debtor. For this, they are responsible in accordance with the Criminal and Civil Code of the Russian Federation.
- Collector has no right invade the apartment without the consent of the owner. The same applies to property. No one except bailiffs cannot withdraw property for debts.
- Without a special license they They have no right to require you to provide any data, including phone numbers, addresses of residence, work, and so on.
Frame collectors go beyond their rights, or threaten, you can contact the court or resort to the help of a loan lawyer.
When making debt on the loan, it is worth a responsibly approach to the question and try to resolve the problem Directly with the bank . If the compromise could not be found, and the loan was transferred to collectors, that is, important points you need to know before the call:
- You do not have to answer phone calls and talk with collectors
- You do not have to report for what reason the loan payments are delayed
- You must jar, but not to collectors
Collector's call: Procedure and conversation
According to research, debt collection agencies can persuade or force various methods to repay Each Second Debtor . No need to be afraid, you need to take it, and, if possible, keep the situation under your own control.
- There is a call from an unknown number, you take the phone, and at the other end it turns out a representative of the agency. First and most important thing to do - keep calm and restraint , fix the date and time of the call.
- Next, you need to inform the agent that you produce Recording a conversation , and turn on the voice recorder. The recording will help if the collectors move the framework of the permitted, and will have to be defended in court.
- find out Name of the Agency, Femo Face At the other end of the wire - you have the full right to it.
- Show a minimum of emotions, and let me know what about your debt and try to repay it. Specify the amount that you require and deposit it with your data.
- On offer to take money from friends - answer decisive refusal. Someday you in any case, our own debt, do not interfere here outsiders.
- If you begin to threaten the "outbound group", let me know that they do not have rights to it, and call the police.
Your task is to give collectors to understand that you Do not be afraid of their impact , and counted legally at least in their fundamental rights. All employees are ordinary people, just some of them have the skills of psychological belief, and the second part are former staff of powerful departments and law enforcement agencies. They will clearly understand that you will not take "bare hands" and try to find a compromise.
Practical every person who issued a loan can return the insurance part - readhow to do it
If you are planning to take a car on credit, then do not forget that this can be done in installments, without resorting to the services of banks.
Stay aware of the news of the financial market and plan the possibility of paying a loan depending on the stability of the national currency.
Unlawful actions and threats: where to turn?
Be vigilant, because often under the mask of the collector agency Work fraudsters . It is they who resort to violation of the law, threats and unlawful actions to intimidate the debtor as much as possible, get money or property, and hide.
- If you encountered what threatened you - can Boldly contact the police.
- If it did not reach the threat, it turns out to be an aggressive psychological impact, aimed at the speedy debt, and collectors refuse to call their name and the name of the agency will correct immediately Call Bank. , issued a loan, and clarify which agency was transferred to debt. It is possible that the bank did not transfer the debt, and at the other end of the wire - fraudsters. In this case, you can also contact the police.
- If the collectors came to your home, you can call the police, saying that you feel the threat of your life and health. Record all what is happening on the camera.
Be decisive and calm. And remember that Debt refund is inevitable. But, the debt bank is not a criminal offense, they can not pursue for it.
In conclusion, see and carefully listen to the video where clear recommendations are given on a conversation with collectors from an experienced lawyer.
In contact with
Calls of the recovers have already become a parable, there are few people left for those who have never come across them. The problem is complemented by the fact that the overall part of the staff of the agencies and departments of banks in their activities allows themselves to violate current legislation. And inexperienced in legal practice, ordinary people are simply not able to turn them out. In this article, we will analyze in detail how it is necessary to speak with collectors on the phone, we give an example of proper communication. But before you understand the specific variations of answers, counterarguments, you need to understand the legal constituent. So that the ordinary person perfectly understood, at what point in time the opponent violates the law, and could fix all violations.
The content of the article
- Temporary ranges of calls
- Threats, slander and insult
- Rules for communicating with collectors when trying to invade private territory
- Requirements Supplement Information
- How to answer collectors by phone that the client is not obliged to do
- Communication with recovers
- Remember who creditor
- Algorithm conversation
- Proposal for finding a loan from relatives
- Threats "Departure Brigades"
Temporary ranges of calls
Previously, until the age of 2017, 2017, which changed 230 ФЗ, the recovers were authorized to call almost at any time. Legal standards did not concern this factor. And it was a serious shortcoming. After all, how to get the opponent is most strongly? Call him among the night, on the day off, early in the morning. Of course, a person will not be configured to a dialogue in this case. But this is necessary to employees of the agencies. The goal of the call is not in the extermination, as such. To the main extentual task is to create a negative consolidation. In order for the borrower such a procedure associated with something unpleasant, painful. So he will try to avoid everyone available tools. And the easiest way is to pay off your debt obligations. And the initial goal is achieved. The technique turned out to be very effective, but went to the side of the surplus. In pursuit of indicators, employees began to increasingly violate the rules of law.
Threats, slander and insult
Now the situation has changed. No worry of people are not allowed during working hours. And this range recognizes a segment from 6 am to 22.00. If you decide to contact later or earlier, there is only one option, it is necessary to talk to the collectors in such an event outcome. Just hang the tube. Or even voice all postulates associated aspects under the record. Complete the name and name of the organization, clarify that the listener can know the time of the call. On weekends, the client is forbidden to disturb earlier than 9 am. As well as on holidays.
- A lot of recovers love to move on personality in their dialogue with a borrower. This is a common situation. The reasons are as follows:
- The personal desire of the employee will serve, demonstrate the result for promoting the service. The more the manager will close bank loans, forwarded companies, the higher its own salary will be.
- It is often decisive to make a person from equilibrium as much as possible. Make him nervous, worry, fear. Negative consolidation in all its glory. Opponent wants to suppress, intimidate the interlocutor. To fear forced him to repay the debt. True, many do not take into account that the fear is groundless.
- Questions how to behave with collectors on the phone were so relevant due to the fact that the overall part of the companies at the level of the Charter makes their employees to prude and insult. Such a system of work. Fully contradictory law, but the fact is that if the borrower does not understand the legal intricacies, then the project will be compiled to the answer. This risk, naturally, but weighted.
- The bottom line is that neither insults or threats are unacceptable by law. Employees at this moment break the mass of articles, and carry responsibility for this. According to your application or complaint, they will be attracted throughout the severity of the law.
- Insult the borrower is not possible in view of Article 5.61 of the Administrative Code. This is not the most serious offense, however, it follows the fines, the limit standards, prohibitively. And if the statements of the recoverer really turned out to be tough, thorough people, it is always possible to bring the case to the criminal article, 282 of the Criminal Code. This is humiliation of dignity, inciting retail. And for it, a different measure of punishment should be, right up to imprisonment.
Rules for communicating with collectors when trying to invade private territory
Strigly if the employee made a threat. Especially physical violence when meeting or even a murder. Then the article 119 is entering into business. And the sanctions are still stricter.
- Such a moment also takes place. Particularly robust recovers periodically during personal contacts are trying to penetrate the room in which the client lives. Immediately explain, personal real estate property in the property is a constitutionally protected private territory. No one without special permission can penetrate it. The list of features is very narrow:
- Law enforcement officers, in particular the police and the FSB, have a similar right with the sanction of the judge, after the organization of the process. Either during search activities in suspected serious crime.
- Emergency Situations or fire workers are also capable of such actions when there is an emergency situation. For example, a fire. The goal is one - the salvation of the life and property of a citizen.
- Bailiffs attend the debtor upon order of the court on the basis of enforcement proceedings. Again, after the loss of the trial.
As can be seen, the managers of the agencies are not observed in this list. These are just citizens, almost ordinary people who do not have any powers of civil servants. They do not have the right against your will penetrate the apartment, and naturally, withdraw or confiscate property. It is in principle that it is impossible, even bailiffs are authorized only to spend inventory, then get the sanction, to identify the property to be confiscated, check it and only then take it.
Requirements Supplement Information
And how to communicate with collectors by phone on a new law in the event of a threat to departure and confiscation - a simple question. You can safely declare that in this outcome you will be forced to call the police.
How to answer collectors by phone that the client is not obliged to do
Often, managers are asking or demand to specify new information about themselves. This accommodation addresses, contact numbers, bank accounts. From the point of view of legislation, the lender requires such information. But you are not required to follow its requirements. Let's say the failure. Enough and information specified in the initial loan agreement. If they do not correspond to reality, this is a violation on your part. But who is able to prove that they were falsified at the time of the conclusion of the agreement. Then it was your number, the address of the registration coincides, you are not guilty that they do not live on it. Report itself new information of any nature is fault. Want to help in this collectors, but no - then just do not speak.
Communication with recovers
It is noteworthy that all information falls under 152 FZ. He tells about the secret of confidential data. They are not subject to disclosure. All you have told workers, including the specifics of passport and other documents, place of residence, contacts are not subject to disclosure. As well as the presence of your overdue or even debt as such. If your relatives, friends, colleagues, and just familiar withdraw this information, the law was again broken. And with the help of a complaint in FSSP, justice can be restored.
The main problem is that borrowers usually do not realize their duties. And if we say tricky, then the key duty of the debtor is one - pay for his debt obligations. It stems from a loan agreement signed earlier. More you should not. And even if the basic conditions are violated, that is, payment does not come, it is a reason to contact the judicial authority for protection, attract a borrower to justice. But he does not arise from new responsibilities.
Remember who creditor
Calling managers are accustomed to act from the position of strength, talking with a intransigital citizen who thinks he should. And in reality there are no prerequisites for this. So, let's see and understand that you are not obliged to do.
No, you should not. But by unclear reasons, 90% of borrowers are convinced of the opposite. They seem to them if they took the money in debt, now strictly must listen to all the streams of insults, explain. What to take the phone and dialogue is their direct duty. But this is not spelled out in the contract, there are no such points in any code. Federal laws also do not have similar norms.
Citizen Volya can not spend his personal time on other people. He has the right to avoid unwanted communication with all unauthorized persons. Throw the tube, do not take it. Arriving managers who came to talk are not able to make you conduct a dialogue, just ask. Do not want - ignore. Start actively put on the call button or knock on the door, call the police, declare a violation of public order, persecuting.
Another important aspect, how to communicate with collectors by telephone in a new law. You do not need to talk about the reasons for delays, about the intention to pay off the debt at one time or another. You will do it when you consider it necessary. And you do not intend to disclose this information. So convey to the agency staff, if such a question occurs.
And this is the bank. An organization that issued you a loan at the return bend. Not agency, which only executes outsourcing services. They help to refine debt, but do not speak debt. Yes, they speak from the person of the banking structure, but they themselves are not. Except for cases of Cessia's transaction. In this variant, the debt is really changing its receiver, assigning the right to claim. But this is a very rare situation. And when it occurs, the office is obliged to provide you with all confirming documentation for the transition of rights. So far, the evidence was not received, you basically should not be anyone. And how to talk with collectors by phone - in general, do not lead a dialogue. No agreement, no loan.
And now for clarity, we turn to the specific analysis of the potential dialogue. To begin with, I will update the laws that can help us. Criminal articles in threats and various insults are 282 and 119 of the Criminal Code of the Russian Federation. Remind the interlocutor at the same time that the administrative code also does not allow humiliation of dignity. Ozinstable brand in our country in principle under the ban. 353 FZ will give us more information about the rules of recovery in consumer lending. The central law is 230 FZ, it is he who strongly limits the rights of all lawyers, bank collection departments, a company for recovery.
The more the rules you know, the easier you operate them, the easier it will argue your position. And then the interlocutor himself will be derived from equilibrium, and not you. After all, I will open a small secret, the person who will call you is not too well versed in current legislation. His profile is a psychological pressure, he is a professional in the squabbles, but not a lawyer. And if you are interested in how to communicate with collectors by phone, the advice of a lawyer is always reduced to the first rule - you can not answer the bullfight. The point is not in humanity and civilization. Just when the manager begins to go to the individual, he violates the law. And you immediately find yourself in a winning position. But responding to my reciprocity, the situation is balancing. Now you both find yourself by violators, why it is necessary. Better leave your trumps with yourself.
Take the rule to save all contacts. Making a complete recording of the conversation, sort the evidence received. Keep them on a separate medium to accidentally do not erase or not rub. And what is important, always sign the date and time. Otherwise, ultimately, in court, this evidence base will lose a significant part of its legal force. It is important to maintain titanic tranquility. As soon as you lose your composure, consider your interlocutor won this duel. Next, you can not think rationally, responding collected, make reasonable actions, control your speech. This state he achieved. You are not a child to react so easily to the external stimuli, to go on a simple strategy of the stream of insults.
Inform about the record
Proposal for finding a loan from relatives
No need to hide the fact that you are committing a conversation. First, it will be unprofitable in court. Secondly, the manager will then be more intelligent in his actions. He knows how to talk to the collector with the debtor. But he completely does not have the concept of the opposite. And so you seem to change roles, now he will be forced to think about each spelled word. And if he did not make a warning, you are only better from it. The evidence base will be replenished with another excellent instance.
Threats "Departure Brigades"
It is extremely important for record to get information about the person with whom you are talking. As well as recognizing that it is the official representative of the company. Create a fully name of the company. After all, the greatest difficulty arises in order to prove that a citizen who violated the law is really an employee.
Remember that emotions are the main weapon against you. So do not let his enemy in his hands. Politely respond to those questions that you feel. And also politely refuse to comment on others.
How to communicate with collectors
Favorite sticky - go, loans from friends. You can thank for the magnificent advice, but to refuse to use it. And also to indicate that you will take into account only your own mental research relating to this issue.
Words are loud, but the essence is modest. Such names are trying to intimidate the borrower so that he imagines himself almost a riot squad in body armor, ready to hack the door 10 minutes after the call. On check - this is one or two managers, nothing new to report. You can ignore such children's attempts to intimidate you.
If, according to such a call to you, it is true, there will be unfriendlies, ready to apply physical strength - you won the Jack Pope. This error from the company will cost it very expensive. You not only get rid of the police and further statement to the police and further statement, this is also compensating. And perhaps the debt will be forbidden to lean the situation.
- In principle, if you know how to talk with collectors by phone, then all contacts with them cease to wear a negative tint.
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- All debtors of banks and MFIs sooner or later encounter collectors. At first, the lender will try to recover the debt on his own, after the eventlessness, the event will give the work to the collector agency. And it is important to know about the unlawful rules for communicating with collectors. If you do everything competently, the recovers will not bring special problems.
- Consider the most important thing - how to communicate with collectors. These formidable recorders are often put in debtors psychologically. And if you give in to their tricks, it will be bad. Interest confidently, remember your legal rights and what the Act is about collector activities. All the details - on Bobank.ru.
To begin with, consider the psychological aspect. The collector is a person who is considered to be chopped debts. He is afraid of him, his visits and calls are waiting with trepidation. Most of the debtors are definitely not delighted with the recovery process and are afraid of entering the work of collector services. It hurts a lot of bad things about them.
But there is an important point - if a person is afraid of the collector, he will definitely not be lagging behind him. Another thing is when the recovery faces the indifferent behavior of the debtor or with a person who knows important norms of the law and the skill protects itself from attacks.
What is important to do:
It is necessary to behave with the recoverer confidently. No need to give him to understand that this is he - the owner of the situation. Keep yourself in your hands, do not express excitement;
Let us know that you know the norms of the law, you know your rights and what the actions of the collector are illegal;
If you do not plan to pay (nothing, you do not want), so talk about this to the interlocutor: "Apply to the court, you will not pay anything." If you give promises and make some payments, you will be left;
You can also write a statement about the refusal to interact in the collector agency at all, then no one will dare to disturb you. Below will consider this the right of the debtor.
If you are attacked by psychologically, they begin to intimidate, do not perceive it close to the heart. Nobody obliges you to talk to the recoverer, you should not keep a dialogue on the phone with it, should not let in your home. Just crush communication, put the tube, and that's it.
Well, if you intend to file a complaint for the threat, then, on the contrary, do not interrupt the conversation, and write it down on the voice recorder, which is now in any mobile. Record, listen and skip everything that said past the ears.
By law, collectors can only inform the debtor about the state of debt. They are not expensive to beat debts, they are not given such right.
How to talk with MFO collectors
- If we are talking about debt to the bank, then borrowers rarely face illegal actions. Bankers are watching their reputation and cooperate only with those agencies that are honest working, following the norms of the law. Such collectors rarely exceed the authority.
- But if you need MFIs, the situation will be somewhat different. Microfinance organizations are most often cooperating with the agencies that the law breaks. Often they have their own recovery departments that work are not worse than collectors, but sometimes even tougher.
- The fact is that the bank can recover debt through the court. MFIs can also go to court, but the amount of issuing is so small that it is simply inexpedient. Therefore, microcreditors attract collectors who are more successfully led by pre-trial, albeit not white methods.
- If you begin to threaten the MFI collectors if they write non-relieved things in SMS messages, just ignore. The withdrawal of you on emotions is also part of the psychological pressure. Ignore, ironize, stop the dialogue at your own.
- Dialogue Rules
- Let's start with the fact that according to the law, the collector is obliged to introduce themselves and indicate, the interests of which agency it represents. So all the white recovers work. If Vesavi suddenly "forgot" about it, remind him about the legal norm. At the same time, write the heard (on paper, on the voice recorder). If suddenly need a complaint, it will come in handy.
Collectors lead a dialogue with the debtor on a specific scenario and rules. They are trained in special trainings. Here are some interesting moments from manifold collectors:
Confident intonation, voice above average;
It is impossible to ask why the debtor made a delay. This is not important information that will only lead the conversation to the side;
to ask questions. Who asks questions - the leader in the dialogue. If the interlocutor also begins to ask questions, answer them also questions. If possible, they ignore them at all;
- Getting from the debtor of different information by any ways: where, with whom it lives, where it works, what relatives are. All this is useful for further recovery;
- It is important to obtain agreement with the debt and ensure that the debtor said "Yes, I will pay." It will be enough for a partial payment to a certain number;
- Tell your debtor about the consequences of non-payment, persuade him to find money search channels.
- The target's task is to keep dialogue so that it is the main thing that it defines the conversation channel. As a result, everything goes as it is necessary according to the scheme compiled, taking into account the psychology of debtors.
The above conversation scenario is inherent in white agencies. If you encountered black, the dialogue is usually always in threats and a significant increase in tone. There is no sense to talk no, you can just throw the phone or write a conversation.
Tips for debtors
There are some recommendations that will help you lead the right dialogue:
Do not set. Talk calmly. Emotions - the indicator of weakness, it will definitely be taken into account;
If you do not plan to pay, you say, do not make any promises;
Do not tell a lot about yourself and your family, all said may turn against you;
Find out whether individual conditions do not have for you. For example, if debt is sold to collectors, you can agree on forgiveness of the debt part - it happens quite often.
Try to always record conversations with collectors. Repeat turn on the voice recorder while talking.
Nothing terrible is that the collector calls you, no. You should not need anything, you have to jar. You can not talk at all with a recoverer, the sanctions for it still no.
- Refusal to communicate with collectors
- Many debtors do not even suspect that they can legally refuse to communicate with collector agencies. This is really done 4 months after the appearance of the delay.
- You can get acquainted with the order about the possibility of such a statement and with the form of the application itself can be here. You can specify as simply refusal to interact, and enter the data of your representative.
- The filled form is transmitted to the collector agency and the jar. It is not necessary to do this personally, you can use the format of the registered letter with the notification. If, after receiving the application, collectors continue to disturb you, it is necessary to submit a complaint to FSSP.
- If the bank decides to sue the application, the application is interrupted. The bank will again be able to attract collectors for up to 2 months.
- How to collectors forbid itself
- Considering how to talk with the collectors of MFIs and banks, it is impossible not to clarify the fact that you cannot make recovers by law. In the Russian Federation there is a law on collecting activities, which indicates the following prohibitions:
- threaten the debtor, give him psychologically;
call the debtor more often once a day, 2 times a week and 8 times a month;
Personal meetings - no more than once a week;