When signing a loan agreement with the Home Money microfinance organization, it should be understood that the borrower agrees not only with the agreed amount and interest, but also with the period during which he will be able to return the money. But such a borrower cannot calculate possible force majeure situations in which the return of funds in a timely manner and in full will be impossible.
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What awaits the client in this case, what actions can be taken by MFO Home Money, whether the company turns to collectors, we will describe below.
Who are they and what do they do?
To begin with, let's try to figure out who the collectors are and how they are obliged to behave with debtors.
It should be understood that collectors are intermediaries in negotiations on the return of debt between the bank (MFO, private investor) and the borrower.
The law that would regulate their activities has not yet been adopted, but despite this, the work is carried out within the framework of legal legislation.
Collectors in their work use only lawful, legal methods of debt collection.
They have no right to intimidate, threaten, call at night. Most collectors are young people who thoroughly know the psychological methods of influencing the debtor and the legislation of the Russian Federation.
How does Home Money work?
Some large banks, MFIs have their own collection agencies. As for the microfinance organization Home Money, they do not have their own collection agency.
But, despite this, approaches to debt collection are no worse than those of professional collectors.
Statistics on "knocking out" debts from debtors suggests that the company's security service is actively engaged in debt repayment literally in the first few weeks of delay.
This can continue for 1-1.5 years. If there is no result, the client does not return the debt, the microfinance organization sues.
But such cases are extremely rare, for a hundred outstanding loans there are only two statements of claim in court. More often than not, MFIs “sell” debt to collectors.
How to deal with collectors?
In fact, there are only a few ways to deal with the security service of an MFI or a collection organization:
- Return the debt, while asking for a certificate or a letter confirming the closing of the loan.
- Endure all calls, threats, and other methods of debt collection from the security service, then collectors, hope that the creditor will not file a lawsuit, and wait for the statute of limitations to come.
- Offer the MFI or the collector to file a lawsuit in court. In court, you can provide data on the illegal actions of collectors (SB).
These can be records of phone calls, documents confirming the removal of beatings, damage to property, etc.
During the court session, you can also submit certificates, documents confirming your financial condition and the reasons why you could not repay the debt on time.
Agency phone numbers
The easiest and fastest way to get rid of phone calls from collectors is to change your number.
If this does not suit you, then you can add the numbers of the calling collectors to the "black" list or put a block on all unfamiliar incoming calls.
Moreover, this can be done not only on a cell phone, but also on a landline phone.
Employees of collection agencies use a large number of numbers, it will not work to find everything and will simply take you a lot of time.
What to do if threatened?
Collectors or the security service of a microfinance organization do not have the right to threaten the debtor.
If this happens, the borrower must collect the necessary information (evidence) to write a statement to the police, the prosecutor's office or to go to court.
The debtor must record all telephone conversations. If collectors or SB come to your home or work, involve as many witnesses as possible.
It is mandatory to:
- find out the full name of the caller, the collector who arrived, the representative of the security service;
- full name of the MFI or collection agency;
- actual and legal address of the company;
- company contact numbers.
What is the difference between a deposit and a deposit, you will learn from ours.
Where to complain?
You can find the right to a collection agency with the help of the relevant authorities and organizations.
If you are threatened, called at an unscheduled (night) time, come home, damage property (lock, bell, door), put up an ad or “disturb” by mistake (you didn’t apply for a loan, a relative or friend received a loan), you can write a statement or complaint to:
- the police;
- prosecutor's office;
- to the association of collection agencies, etc.
Also, do not exclude the possibility of a claim in court with compensation for damage (both material in case of damage to property, and moral, if there were threats, beatings, etc.).
Advantages and disadvantages
In fact, finding the benefits of collectors for a credit institution is not so difficult. Specialized agencies help to collect the debt from the debtor and return it to banks, MFIs.
Because of the outstanding debt, the employees of the MFI (MCC) "Home Money" are threatening, and it is not clear what to do? What are the approaches of the Home Money company when collecting debts, and how should a borrower behave in such a situation? Citizens are protected from the aggressive actions of collectors by a law that came into force on January 1, 2017. What is important to know about it?
What happens when a payment is late
When applying for a loan, the borrower independently chooses the size of the loan and the repayment period. Before lending money, the company provides the client with a loan agreement with individual conditions and a repayment schedule for review and signing. It indicates the term for the return of borrowed money with interest and stipulates the consequences in case of default. MCC "Home Money" warns that for violation of the payment deadline, it has the right to apply the following sanctions:
- Terminate the loan agreement unilaterally and demand early repayment of the debt amount with accrued interest.
- Contact a debt collection service.
- File a lawsuit against the borrower.
- Transfer the right to claim a debt to a third party under a contract of assignment for compensation and rights.
The MCC reserves the right to call, send letters, SMS messages and meet with the debtor in order to return the overdue debt. You should be aware that when transferring debt to third parties, the company is obliged to notify the debtor in writing.
Security Service Methods
MCC "Home Money" does not have its own collection service. The security department of the company is responsible for the return of overdue debts. First, the creditor tries to return the money on his own, and then transfers the debt to third parties or files a lawsuit with the court.
Employees of the Home Money security service, when working with debtors, act as follows:
- They call the client first once a week, and then more often and remind them of the need to make a payment. At first, they speak politely and calmly, then more insistent demands appear.
- Sending written notices.
- They carry out pressure through the borrower's page on social networks.
- A personal manager comes to the client's house every week and demands to pay off the debt, trying to put pressure on the debtor's conscience, threatening to sue.
- A few months later, teams of visiting specialists are connected to the work. They meet weekly with the debtor at home or at work for the purpose of intimidation and psychological impact.
The security department employs young and educated people who act within the framework of the law. Perhaps, in order to increase the effect of influencing debtors, they resort to manipulation, threats and methods of psychological influence, but they do it carefully. In different regions, the methods and procedures of the security service may differ. If the debtor does not return the money, the company engages a collection agency.
Fact! No one has the right to impose a penalty on the property of the debtor, except for bailiffs on the basis of a court decision.
The list of organizations with which Home Money cooperates is posted on the official website of the company.
What actions of collectors are illegal
The new bill regulating the activities of collectors is designed to protect the rights and interests of citizens. If Home Money is threatened by late payments and it is not clear what to do, the legitimacy of their actions should be checked. From January 1, 2017, collectors are prohibited from:
- Call the client from 10 pm to 8 am on weekdays and from 8 pm to 9 am on weekends and holidays.
- Personally visit the debtor more than once a week.
- Call more than 1 time per day, 2 times per week and 8 times during the month.
- Post information about the borrower on the Internet or in a residential building, as well as report overdue debts at the place of his work.
- Meet and call citizens who are in bankruptcy proceedings, are incapacitated, minors or disabled of group 1, and are also being treated in a medical facility.
When communicating with the debtor, the creditor can attract only one collector. Debt collection is prohibited to persons with a current criminal record for economic crime or in the field of public safety. It is allowed to call a client from a number belonging to a microfinance company or a collection agency.
The debtor has the right to refuse to communicate with the collector 4 months after the debt has arisen. To do this, you must send a corresponding application to the collection service through a notary or by mail with a notification. The microfinance company is obliged to inform the debtor about the appeal to collectors within 30 days from the date of their involvement.
How to get out of trouble
By law, debt collectors are not allowed to:
- Threaten to use physical force, kill, damage health.
- Influence the psyche, humiliate the honor and dignity of the client.
- Threaten to destroy or damage the debtor's property.
Consequently, the Home Money security service and the collectors involved by the company do not have the right to threaten the client. If they break the law, the debtor can collect evidence and file a complaint with the police, prosecutors, or an association of collection services. You will need to record all telephone and personal conversations and provide witnesses. In doing so, you should find out:
- Full name of the debt collector;
- the name of the organization of which he is a member;
- legal address and contact phone number of the company.
If there were threats or beatings, the victim has the right to apply to the internal affairs bodies and to the court with a request to compensate for moral or material costs.
Fact! The company "Home Money" does not provide for a deferred payment, so if you have a debt, you need to contact a credit manager.
You can solve the problem with the Home Money security service or a collection agency in the following ways:
- Pay off the loan and ask the company for a certificate of debt repayment.
- Do not respond to calls and threats from the security service, and then collectors, hoping that the statute of limitations will come and there will be no judicial recovery.
- Suggest that Home Money or a collection agency file a lawsuit and declare illegal actions in debt collection during the proceedings. You will need to present indisputable evidence and involve a competent lawyer.
A special application for the smartphone "Anti-collector" will help to avoid unwanted calls.
Below is the text of my application to the prosecutor's office for Home Money LLC. I ask all victims of the criminal activities of this organization to file complaints against it through the Internet sites to the prosecutor's office, the Central Bank of the Russian Federation, Rospotrebnadzor, and even to the website of the President of the Russian Federation. The more people complain about these criminals, the faster their activities will be shut down and they will be punished for their deeds.
Complaint against Home Money LLC on the fact of threats of physical harm to me and my relatives, extortion, unauthorized distribution of my personal data to third parties, hooligan actions and damage to property.
I was a client of Home Money LLC, contract No. 03 ... .6.I took out three loans, the first two were repaid without delay. I repaid the third loan (50,000 rubles) without delay for three months. In July 2014, I experienced unforeseen events related to large financial expenses. I couldn't physically pay the loan. A debt of about 8,000 rubles has accumulated. My request to wait a little longer was rejected and my loan was sold to collectors, according to a statement in a telephone conversation by one of the managers of Home Money LLC.
The next day, 08/01/14, to me, my daughter and a woman, a work colleague, from a phone number+7-904-605-91-87 received SMS with threats of physical violence and profanity (SMS saved).
On 08/02/14, upon returning home, we found on the front door a huge inscription in black paint "THEFF" and a grave cross painted in half of the door. The peephole was sealed with paper demanding the return of 215,000 rubles and the same phone number+7-904-605-91-87. Cigarette butts are inserted into the keyholes and filled with glue, so it is impossible to open the door with a key. Both the door and the locks are damaged and need to be replaced, my daughter and I suffered heavy moral and material damage.
We submitted an application to the 30th police department of the city of St. Petersburg, the district police officer drew up an act on the inspection of the door. The paper pasted on the door is attached to the application. The statement was accepted by the officer on duty at the ATS Melnik S.S. KUSM-6941.
I wrote two letters to Home Money LLC demanding to stop hooligan actions, threats to my relatives and employer and to consider debt claims in court. I did not receive a response to my letters.
Calls continue to me, my relatives and acquaintances with threats - either from the security service of Home Money LLC, or from some collection agency Kavkaz-Invest, to which my debt was allegedly sold (without written notification!) The amount to be returned each time are called different, then 10,000, then 200,000.
Threats and insults from the security service of Home Money LLC are a violation of the law and entail administrative and criminal liability.IT IS PROHIBITED BY LAW: to hold unscheduled meetings and negotiations with the debtor; threaten the life, health and property of the debtor and/or members of his family; take measures that threaten the honor, dignity, business reputation and other non-property rights of the debtor; disturb public order; provide the borrower with false information regarding his debt, fines, penalties, etc., in particular, overestimate the amount of the debt; distribute confidential information about the borrower, including to the next of kin and other persons.
My relatives and acquaintances are not participants in my credit relations with Home Money LLC - therefore, communication with them on the topic of my loan from Home Money LLC employees can be regarded as an unlawful interference in the privacy of citizens. This violates Art. 23 of the Constitution of the Russian Federation. On the door of my apartment, employees of Home Money LLC (or unknown persons hired, but who demanded the return of the debt to Home Money) wrote with black paint "THEF", etc. These actions not only violate public order and are hooligan, but also they discredit me in the eyes of my housemates.Until there is a court decision recognizing me as a debtor, all information about my debt is just a private opinion of individuals, and nothing more.
To the demand of my relatives and contact persons to stop threatening calls, I was told: “We will call as we called. You can't prove anything anyway. And file a complaint - it will be regarded as a false denunciation. I was told (all this was accompanied by threats of physical violence, profanity and all sorts of insults) that all the information about my loan agreement and my personal data is posted on some collectors portal, and, they say, they themselves are already “punching clients”, and we have nothing to do with it and “you won’t prove anything (hereinafter unprintable and threats)”
I would have paid my debt as before, the delay was caused by unforeseen circumstances that I am able to overcome within a month. But now I have to spend money on the help of a lawyer, a lawyer, on the restoration of damaged property (front door and locks). I emphasize that all of the above is a violation of several articles of the civil and criminal code of the Russian Federation at once, such as: unauthorized use of my personal data and prosecution. I suffered significant material and moral damage both from damage to property and from a bad mental state caused by constant calls and concern for the life and health of myself and my loved ones, threats of rape and arson of the apartment, which were perceived by me and my daughter as real. My daughter is now afraid to leave the apartment and shudders at every phone call.
All the numbers from which they called me are saved. You can check them with your mobile operator and find out who else has received calls from these numbers over the past month and on what issue. This, in my opinion, will be evidence of the involvement of Home Money LLC in telephone terrorism (I can’t call it otherwise). Surely everyone was called specifically about debts in Home Money and according to their personal data about contact persons. Calls to the employer and colleagues at work may result in the loss of my earnings, that is, become another significant material and moral damage to me.
Here are the phone numbers (they also called my daughter and the contact person, which they can confirm with documents):
78005553535
79816966755
79816966631
