Who collects debts. Who knocks out debts on loans or whom debtors are afraid of. Collectors

And what can they do to a person who is in a difficult situation: for example, they were fired from work, there is nothing to repay the debt, there is nothing to sell. How to be?

To answer all these questions that concern our readers, the KP correspondent went to learn the profession of a collector - a person who professionally repays debts.

A letter fell on the editorial e-mail:

“Seminar on effective debt collection! Professional advice! Participants will receive a certificate! Hurry up, places are limited!

What a thought! He did not serve in the army, did not cooperate with the FSB, not a lawyer, not a psychologist. So I’ll get at least some document on education, you see, and they’ll take me to the bouncers.

The bailiff Alexander Matveyevich, who conducted the seminar, began with the main thing:

- Don't break the law! Read the Criminal Code!

Whispering and laughter rippled through the hall. But who needs these laws of yours, we would be more efficient to knock out debts.

“Start with negotiations,” the lecturer continued, “remember that debt does not exist until you politely, insistently remind you of it. And never threaten to stretch your eyes on the fifth point immediately from the threshold. Threats will do no good. You need to push in ascending order.

In the evening, having said goodbye to the lecturer and received the coveted certificate, I ran to the editorial office to write a resume.

What are the human rights?

Everyone around them just says: there is no work, there is no work. Yes full! I open the first available Internet site with vacancies and read:

“AAA Consulting Agency needs employees to work with overdue debts. Men from 21 to 35 years old. Experience is optional. Salary - 28 thousand plus bonuses.

“Still, it’s a pity, Andrey Sergeevich, that you have no experience in law enforcement agencies,” the deputy general director of the agency, who received me at the interview, was thinking aloud.

- But I have a certificate of professional retraining, - I proudly take out my diploma from my portfolio

- We can take you to the telephone department.

- Can I first train for a couple of weeks to understand if this is mine or not? And you look at me at the same time.

- No problem. Just decide quickly already, we now need workers, oh how we need them!

- Because of the crisis, or what?

- Certainly! Banks all ran to us. Previously, they spat on their debtors for years, but now they remembered. Only now, if a person does not pay a debt for two years, he will not give it back for no reason at all.

- Well, the strong guys from the visiting brigade will be knocked out with irons. Is not it so?

- Yes, what an iron there! It used to be irons, now human rights. And the fact that a man of an honest businessman threw it does not bother anyone. We always care about the rights of the criminal.

- Isn't it a crime to "iron" unfortunate borrowers?

“We are people too. We just do not iron anyone. If a person has a personal problem, we will not knock out teeth, we will try to help. I somehow even found a job for one debtor - my brother was just looking for an assistant in the dental clinic, and he had a medical education. So we are white and fluffy, we are friends, - my interviewer laughed unkindly.

"You are due!"

The next morning I come to the office to intern.

At my workplace there is a telephone with headphones, a voice recorder, a computer with all kinds of databases: housing registration, passport office, traffic police database, telephone directories. With such data, anyone can get out of the ground. And judging by the faces of the guys from the visiting brigade, who were sitting in the next room, you can bury them.

Here are a couple of questionnaires for you. It is necessary to call people, to break through their mood. - My curator Konstantin Ilyich, an experienced collector, threw two A4 sheets on the table.

I read the questionnaire: “Alexandra S., born in 1976, married. I took 300 thousand rubles from the bank for consumer needs. In the questionnaire, she wrote that the repair would be done. Hasn't been paid for 4 months now.

Dial a phone number:

- From the agency of sociological research, they are disturbing, we are conducting a small survey, take a couple of minutes. How long ago was the last time you did a renovation?

“Yes, I haven’t done it for ten years,” a thin female voice answers at the other end of the tube.

What was the last major purchase you made?

- I haven't bought anything for a long time.

What did you spend the loan on then?

- And who told you about it?

– “Omega-Bank” told me about it. On behalf of the AAA Consulting agency, I would like to remind you of the debt. When can we meet and discuss all the conditions? Do you want me to come home to you?

“I’ll give everything,” Alexandra answers in a grave voice after a minute’s pause. She clearly did not expect such a turn. I borrowed money to pay off another debt. My husband was laid off, I have to feed the family until he finds a job. I get 30 thousand, and you want me to give 15.

My heart skipped a beat. Well, after all, anything can happen: a person got into trouble. Well, what is she now, climb into the noose? And do collectors have the right to destroy other people's families because of the despicable metal? And on the other hand, what place did this Alexandra Ivanovna think when she didn’t understand what she took loans for? After all, debt is red in payment. Yes, it's hard work. It would be necessary to understand the case in good conscience, but the concept of morality is not spelled out in the Civil and Criminal Codes.

Registered users can leave their comments here.

Privacy and Personal Data

The Central Loan Broker respects your right to privacy and strives to maintain it. Maintaining the safety of your personal data is one of our priorities. CCB receives personal information about you when you apply for a loan. By personal data we mean any information related to the subject of personal data, including last name, first name, patronymic, age, address, marital, social and property status, income and other information. We process your information in order to determine the list of banks that can provide you with a loan and provide them with data to consider the possibility of issuing a loan to you. The processing of your data means the collection, systematization, accumulation, storage, use and distribution (data transfer to a limited list of banks) and any other actions with personal data. When contacting the CCB, you give your personal consent to the processing of your personal data, which can be revoked in accordance with the current legislation of the Russian Federation. In case of withdrawal of consent to the processing of personal data, the Central Credit Broker will stop processing personal data and destroy personal data within a period not exceeding three business days from the date of receipt of the said withdrawal.

Read also: Can bailiffs seize child support?

Loan debt is a fairly common phenomenon, the consequences of which are many problems. Often the debtor has to communicate with collectors. which banks use. This is far from the most pleasant communication, and representatives of such agencies often abuse their rights, violating the law.

Inexperienced borrowers agree to fulfill all their demands to be left alone, not knowing that debt collectors are not so difficult to get rid of. if you are aware of certain aspects of the law.

When the collectors arrive

If your debt to the bank is only a few thousand, then collectors are not interested in you. They prefer to work with borrowers whose debt is huge, and often at the expense of accrued fines and penalties.

Banks can simply use the services of collectors to put pressure on the client or sell your debt to such agencies, which is not prohibited under the terms of the agreement.

In the first case, the issue is easy to solve. You can come to the bank. say on what terms you can repay the loan, and threaten that if your terms are not accepted, you will go to court. The trial of the case in court is quite lengthy, so it is unprofitable for creditors.

If debt collectors knock out their debts on loans, the situation is much more complicated, because in any case they are going to sue, and it all depends on the specific situation of the debtor. If he does not have property that can be taken away, then it makes no sense for collectors to bring the case to court.

Psychological pressure

The main goal of collectors is to ensure that the borrower succumbed to panic, and sought to do everything to get rid of the pressure.

At the first stage, measures such as constant calls or even visits are used. Collectors can call not only the debtor, but also his relatives, colleagues, etc. which is illegal.

If these measures do not help, then the employees of the collection agency may threaten that they will seize the property and take away the car. forbid the debtor to travel abroad, etc. The one who knocks out debts on loans is just a good psychologist, because he makes the borrower believe in himself. Collectors have no authority, and their threats are a bluff.

The most effective way to protect yourself from the pressure of the representatives of the collection services is to show them that you know the laws, and therefore will not be deceived. It is unprofitable for such “specialists” to put pressure on clients who know their rights; it is much easier to choose an easier “victim” for themselves.

Collector protection options

There are several ways to get rid of annoying representatives of collection agencies:

change phone number

If changing your phone number will not be a problem for you, then this is an excellent solution that eliminates calls from collectors.

If it is inconvenient to change the number for some reason, you can download a special application called "Anti-collector". Its essence is that there is a database of calls from which collectors call. They can be blacklisted with forwarding, and representatives of collection agencies will call other people instead of you.

appeal to the police or the prosecutor's office.

Sometimes you can hear terrible details about how debts are knocked out on loans, but such measures, fortunately, are rare, and they are usually used in companies that issue “subway loans”.

But if collectors openly threaten you or try to take away property. feel free to contact the police or the prosecutor's office. For such actions, they can even be prosecuted.

Legal protection

In order to completely protect yourself from someone who knocks out debts on loans, it is recommended to contact specialized firms where professional lawyers work. They know the law ideally, so they can protect the borrower.

Ways to solve the problem

In most cases, only a court session will help get rid of collectors. In the process of recognizing your financial insolvency, you can achieve a reduction in fines and penalties. The principal debt remains unchanged and must be paid in full.

If the court has made a decision on the case, the collectors do not have the right to continue to put pressure on the debtor.

Can banks forgive debts on loans
If you do not pay the loan, can they put you in jail?
How to cancel a court decision on a loan
Unbearable interest on microcredits - how to revise the conditions?
Answers to all questions of collectors
Loan debt is a ticking time bomb
Ways out of the situation if the bank sued
The bank sold the debt to collectors: the actions of the borrower
After how many years is the loan debt written off?
When can a bank sue a borrower?

Collection agencies - a debtor's nightmare

A common situation: a person took a loan from a bank, convincing his employees of the stability of his income, but after a while the borrower loses his job. Repayment becomes impossible. The bank, wanting to find out the situation with the outstanding loan, first independently seeks contact with the borrower, colorfully draws him the consequences of non-payment of the debt. When the bank exhausts its possibilities, a collection agency enters the scene.

From this moment begins the most terrible stage in the credit history of the debtor.

How to act in this situation? What does the law say about collection agencies? What methods of influence do collectors use? Knowing the answers to these questions is necessary for everyone who is already paying off a loan or is just planning to apply for it.

What is a collection agency?

Collection agencies, speaking everyday language, are firms professionally engaged in knocking out debt from a borrower. Collectors are hired by the lender. As a reward for their work, they receive a certain percentage of the amount of money “knocked out” of the debtor. That is, collectors are interested in quickly obtaining the maximum amount of debt from the borrower. This forces them to use very diverse methods of influencing the "victim". The agency can work according to a different scheme: it buys the borrower's debt from the bank (of course, for a smaller amount), and then receives this money from the debtor, "hanging" additional interest on him.

Collection agencies came to us from America at the very beginning of this century. These were, as a rule, branches of banks: bank specialists transferred the data of a particular debtor to their collection unit, which purposefully dealt with the return of the debt. Later, collection agencies began to be created as independent organizations cooperating with banks.

How do collectors work?

In the arsenal of debt collectors, as a rule, there is a psychological impact on the defaulter. It fits into the standard scheme for most collection agencies:

Indirect contact with the debtor: phone calls (including guarantors and relatives), SMS mailings, letters. The goal of collectors at this stage is to find out why the borrower does not pay the loan, and also to explain the sequence of actions that will be taken to repay the debt. Separately, the amount of penalties for delay and the total debt on the loan is usually indicated - this is an additional motivating factor for the debtor. The borrower is given time to find money to repay the debt.
Personal meeting with the debtor at work or at home. There may be several such meetings. During them, the collector may request an explanatory note on the fact of late payments and, together with the debtor, determine the date of payment of the amount of money for the loan. If during several meetings in a row it turns out that the money is not found, collectors take the case to court.
A new visit to the debtor with a document notifying the borrower that the court has already ordered him to repay the debt.
If the previous stage did not prompt the debtor to pay off the credit institution, the bailiffs, in the presence of collectors, describe his property, which will then be seized and sold in favor of the bank.

Read also: instructions for office work in the arbitration courts of the Russian Federation

What tricks do collectors use?

In practice, everything can be much tougher than in the paragraphs listed above. The following methods can be used against a would-be borrower:

threatening night calls;
visits to the work of the debtor, dissemination of impartial information about him;
social media attacks
calls to relatives, friends;
posting photos of the debtor with offensive inscriptions on the walls of houses;
stalking children;
penetration into the borrower's home under the guise of police officers or bailiffs.

A multifaceted psychological attack usually bears fruit: a person is intimidated, he closes himself at home and is afraid to go out. As a result, collectors still beat the debt out of the borrower.

Extortionists can beat out the required amount and more sophisticated tricks. So, for example, they can promise to soften the terms of the loan and a significant reduction in the total amount of debt if the money is found tomorrow. Often these people offer the borrower to refinance in another financial institution with exorbitant, simply ruinous interest. Another way to get money out of a defaulter is to mention minor children in a conversation and hint at an accident with them, a threat to deprive the debtor of parental rights and put the child in an orphanage. Another common trap looks like this: the debtor is called and explained that there is a car at his entrance, in which he will now need to drive to “one place”, where they will talk to him differently. In fact, this is just a psychological trick.

You can't fall for these tricks. They will only make the situation worse.

If the extortionists do not leave you alone for a long time, and even threaten you, you need to write a statement about extortion to the police. It is not bad to attach an audio recording with threats or letters to the application. But there is one subtlety here: collectors always act carefully, not sending direct threats to the borrower - the conversation comes down to promising all sorts of troubles for the “victim”.

The work of collectors is mostly just a game, a bluff. When communicating with them on the phone, it may seem that they are legally competent specialists. This is not true. It's just that collection agencies are structures where much attention is paid to personnel training. Trainings are conducted with them, psychologists even compose phrases for them that will have the maximum impact on the debtor. Some of the victims of collectors after such psychological abuse give up and fulfill all the conditions. Suicide is not uncommon in such situations.

How to avoid a "pleasant" meeting?

You can protect yourself from meeting with collectors. First, read the loan agreement carefully. There is one subtlety here. The fact is that by signing an agreement in which there is a clause on the transfer of information about the debt to third parties in order to collect it, the borrower unties the hands of the bank and, without knowing it, agrees to the possible appearance of these same collectors in his life. Without the consent of the borrower, the bank does not have the right to transfer any information about him to third parties. Therefore, if the borrower, after rereading the loan agreement signed by him, did not find such a clause, when debt collectors appear on the horizon, he can safely go to court.

But even if there is such a clause, until the collectors arrive, the borrower has the opportunity to resolve the issue peacefully. To do this, you just need to come to the bank and tell that there is currently no way to pay the loan. The bank, as a rule, is looking for an opportunity to meet the debtor halfway. Maybe he will provide the borrower with a credit vacation, officially releasing him from paying the loan for several months. Another option is also possible, for example, the borrower will pay only interest on the loan for a certain time, without paying the principal amount. It is important that the initiative comes from the borrower himself.

Collectors outlawed

In July 2014, the law on the activities of collection agencies should come into force. This fact will make life easier for borrowers in many ways: for example, there is a clause stating that the debtor has the right to demand that collectors communicate with him only in writing and nothing else. However, you need to remember that it is better to repay debts on time.

Today, almost anyone can get a loan. This simplicity often turns against the debtor. When, after certain life circumstances, collectors appear on the threshold of the house, you should not panic. Their activities are illegal, currently regulated only by the Civil Code and the Law on Consumer Credit.

Plan of action in case of meeting with collectors

Each case is individual. However, you can give a few recommendations on what to do if there are debt collectors in your life.

Try to figure out who you had to deal with. You need to ask where their agency is located, who heads it. Collectors work methods depend on how legal their activities are. White collection agencies use quite adequate methods of influence. Black collectors use the most cruel methods of knocking out money, up to physical violence. There is also an intermediate link - they are called gray collection agencies. They use hard psychological pressure and do not resort to physical influences. It is important to know what collectors you had to deal with: it will help you understand how serious everything is.
Get in touch with the bank in which the loan was issued, and find out what the total amount of the debt is, and also on the basis of what information about the loan was transferred to the collection agency.
Warn relatives and friends about the attacks of collectors, explain that the situation is under control.
Collect documents on the loan and go for a consultation with a lawyer.
Start paying off your debt in small, but stable payments.

Debts always have to be repaid. It's better to do it on time. If the life situation began to develop not according to the planned scenario, it is better to immediately discuss this with the bank where the loan was issued. This will help avoid many problems in the future.

How collection agencies get debts out of debtors

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Due to the difficult economic situation in the country, the number of people applying for loans in banks has increased significantly. Many do not want to return the money received on time, ignoring all the requests of bank employees. Debtors sometimes do not even have enforced sanctions in the form of fines or threats to go to court.

The second base is the Register of Debtors of the Federal Bailiff Service, where information about legal entities and individuals is entered. In accordance with, if they are under enforcement proceedings in the case of debt collection.

There is a single database of debtors on loans, which collects information from all banks licensed by the Central Bank of the Russian Federation to carry out banking activities.

If, anywhere and at any time, a bank client has made a delay, this information will be entered into the database and will become available to any bank employee who has requested information about this potential client from it.

These three bases are the largest and most complete. But besides them, there are others, including each bank and other organizations keep their own records of unreliable borrowers.

A favorable credit history gives a potential borrower reason to expect a favorable offer from the bank. Whereas the former debtor does not have to count on a favorable interest rate.

Another loan to pay off the unpaid amount

Debt appears when, due to circumstances, the borrower cannot make monthly payments on time, most often due to a decrease in their own solvency.

This can happen for the following reasons:

dismissal from work;
serious illness;
force majeure, etc.

The easiest way out of such an unpleasant situation would be to reduce the size of the monthly payment for a certain time or for the entire remaining period.
To do this, you will need to draw up a new contract, with the consent of the lender, at a lower percentage.

When registration takes place in the same bank, this is called restructuring. Since part of the initial amount has already been repaid at this point, the bank can meet the client halfway by reducing the interest rate for a certain period of time or for the entire repayment period.

If an agreement cannot be reached between the parties, then you can try to issue a loan for the balance of the debt in the second bank at better interest rates, and with this money to pay the balance of the debt in the first bank.

Important condition: it is necessary to start solving the problem immediately, as soon as solvency has decreased. Delay for a month or more will be regarded not in favor of the debtor.

Typically, the debts of non-appearing and non-responding bank employees are sold to debt collection agencies.

Are relatives liable for arrears to the bank

Relatives of the debtor may be liable for the performance of the agreement with the bank only if they themselves signed the guarantee. Such measures are taken when borrowing large amounts to buy a car, apartment, land, etc.

The guarantors undertake, in case of the client's inability to pay on time, to do it instead of him. Guarantors are usually 2-3.

Only after the trial and according to the writ of execution, where the terms and amounts of payments are indicated, the guarantors will pay the balance of the debt to the bank of their relative.

In the general case, only on the basis of the fact of kinship, the obligation to pay the loan does not arise, since the contract is concluded with a specific individual and only from him the lender has the right to demand payments within the specified time.

What to do in case of divorce

According to the Family Code of the Russian Federation, spouses have property that is considered joint, which, upon divorce, is divided between them in equal shares. They acquire this property during the years of marriage by purchase, since the donated and inherited property belongs only to the heir or the recipient and is not subject to division.

Debts are recognized by law as common among spouses, but with a serious reservation. In a published review of judicial practice for 2016, the Supreme Court of the Russian Federation recognized that under a loan agreement executed in the name of one of the spouses, the debt can be recognized as common only in the cases listed in paragraph 2.

That is, when the loan is issued to meet the needs of the family, and not the personal needs of the borrower. So a mortgage for the purchase of housing for a family will be recognized as issued for the needs of the family, but the purchase of a mobile phone for someone will not.

In the event of a divorce, the spouse who claims to share debts in equal shares is obliged to provide the court with documentary and other evidence in favor of the fact that this loan was actually issued to meet the needs of the family, and not his personal needs. Since the contract is drawn up in a specific name, it happens by a court decision.

The court takes into account:

the financial situation of the parties;
the income level of the parties;
the need for the object for which the money was borrowed.

Therefore, the division can be made not in a ratio of 1: 1, but in a different one, especially taking into account the interests of minor children, dependents.

Are loan debts inherited?

The question of whether debts on loans are inherited arises immediately upon opening an inheritance. The death of the debtor gives rise to many other problems, in particular.

It is impossible to enter into the inheritance only in some part of it, according to the law, the heirs accept the entire volume - property and debts, dividing them among themselves by law or by will, or refuse to accept the inheritance in favor of other heirs or the state.

The debt of the deceased passes to his heirs, if any, and agree to enter into the inheritance.

Each of the heirs is liable for the debts of the deceased exactly within the limits of the inherited amount.

Debts exceeding the size of the inheritance, the heir is not obliged to compensate from his personal funds.

The situation becomes more complicated if the financial loan agreement is executed with the involvement of guarantors. In a particular situation, it matters how conscientiously the debtor fulfilled his obligations during his lifetime.

If so, then the debt in full will pass to his heirs. In case of serious violations and the formation of delays, the bank has the right to demand the execution of the contract from the guarantors.

The guarantors themselves, having paid the debts of the deceased, but not having received property at their disposal, have the right to recover the amounts paid from the heirs in court or demand that they transfer the rights to the property for the acquisition of which the loan was issued.

Can they be imprisoned for non-payment

It is possible to apply such a measure of punishment as imprisonment (imprisonment) to the debtor only if his guilt is proven under the article of the Criminal Code of the Russian Federation, which provides for such punishment. There is no article punishing debtors for non-payment of a loan with a prison term in the Criminal Code of the Russian Federation.

The relationship between the financial institution and the borrower is governed by the norms of the Civil Code of the Russian Federation. But they can be imprisoned for non-payment if the injured party (bank) proves to the court that there has been a violation of the articles of the Criminal Code of the Russian Federation.

List of these articles:

they can go to jail for fraud. The court finds the debtor guilty, for example, when applying for a financial loan using forged (false) documents;
may be prosecuted for theft. The plaintiff will need to irrefutably prove to the court that the borrower was not originally going to return the borrowed money, that is, he had criminal intent;
under Art. 177 of the Criminal Code of the Russian Federation, punishment is provided for non-execution of a court decision. Qualification under this article may occur with intentional evasion of payments under a writ of execution, when a citizen is hiding from bailiffs.

Judicial practice does not know so many cases when a case of non-payment under a loan agreement ended in criminal prosecution. Nevertheless, there are grounds to punish a citizen who did not return the money on time with a term of imprisonment in the law.

Ways to reduce borrowing

In the loan agreement, the return of funds is formalized either as annuity payments or differentiated payments. In the first case, the monthly amount paid remains unchanged until the full repayment of the loan.

In the second case, the interest rate is calculated on the balance of the debt, which annually or monthly reduces the amount of the payment. The solvency of the borrower may change for the worse over time, so the terms of the original contract may be unbearable for him.

There are several legal ways to reduce the borrowed amount:

The first way to reduce the amount of the payment is to re-register the contract from an annuity to a differentiated one. To do this, you need to contact the bank and try to negotiate. Usually, for a fee, banks agree to such a concession;
the second method involves searching for an insurance company that will offer more favorable conditions for insuring risks than an insurer accredited by the bank. Sometimes the difference can reach 30%. This must be done before signing the contract, since it will not work to change the insurer after without the consent of the lender;
the third way concerns the timing of debt repayment: the longer, the lower the monthly payment. Only the bank can change the payment term. By submitting an appropriate application and showing your willingness to pay a smaller amount on time, you can achieve mitigation of conditions.

There are other ways to get out of debt on loans, but all of them initially assume that the borrower has certain free amounts of cash.

For example:

a deposit opened in the same bank will allow you to repay part of the monthly payments from the interest accrued on the deposit;
those who buy an apartment on a mortgage will be helped by a state subsidy, which is due at the birth of a second child in the family - maternity capital. This money can be used to pay off the mortgage and reduce the debt, although more often the mortgage is initially issued with the involvement of maternity capital.

Who knocks out debts on loans

When a client violates his obligations, does not make contact, does not demonstrate his readiness to resolve the dispute through negotiations, the bank has two ways to solve the problem:

first way the most time-consuming, since at first the bank will have to try to receive money from the borrower through peaceful negotiations, and then, if the result is negative, file a claim with the court. In addition to the large time spent on this process, the bank will have to incur certain losses. There is always a risk of not returning the loan and interest on it, due to the insolvency of the client;
second way for the bank, the easiest, since it transfers all the hassle of collecting debt to collectors, albeit losing part of the benefit, but without incurring costs. The collection agency buys debts from banks at a large discount, sometimes up to 50%, and then collects the debt from the borrowers in the original amount, which is very profitable. If the loan debt was transferred to collectors, then the debtor will have to deal only with them.

No one has the right to knock out debts in the literal sense of the word with the use of brute physical force. Moreover, such actions are illegal and are the basis for criminal prosecution of violators.

How to close an agreement with a bank

If all funds to pay off debts to the bank are exhausted, and the result is not achieved, it is the turn to find out. This is possible only at the initiative of the bank itself.

Because neither the law nor the debtor himself have any leverage to put pressure on the financial institution, forcing it to write off the debt at a loss. The borrower has the right to apply to the management of the bank with a request to write off the debt.

The bank can meet halfway if the amount of the debt is small and significantly less than the costs that would have to be incurred in the event of a judicial recovery of the debt. The client is then blacklisted.

At the initiative of the borrower, it is possible to close the agreement with the bank only if the entire balance is paid in full. Upon execution of the contract (loan repayment), it is considered automatically terminated. This is not formalized by any additional statements, agreements or other papers.

The terms of the agreement indicate whether the client can repay the loan ahead of schedule, and if so, on what conditions.

But there is a subtlety: in addition to the contract itself, along the way, other banking products (cards, deposit accounts) can be registered with the client in the bank, payment for which can be charged even after the debt is repaid.

After the last payment, you must immediately request a bank certificate of the absence of debt, which will guarantee the absence of future claims against the client.

You can close the contract with the bank by a court decision.

The law provides for two reasons for this:

Clause 2 defines as a sufficient basis for terminating the loan agreement the violation by the bank of its terms, which caused damage to the borrower. An example is the illegal collection of commissions, fines, incorrect debt write-offs, etc.;
allows the borrower to count on the termination of the contract due to a significant change in the circumstances under which it was executed. For example, a client was fired, lost his job, was seriously injured and disabled, etc. In the future, the return of the debt will take place by a court decision.

The borrower, before concluding a deal with a bank, should carefully weigh his solvency and take into account possible obstacles to repaying the loan. Such possible obstacles can be dismissal from work, the birth of a child in the family, a serious illness or injury, and many other circumstances.

A sober assessment of your own capabilities is the easiest way to live without debts and loans. If you can refuse borrowed funds and not draw up an agreement, then you should do so. But when the signature in the document is put, the undertaken obligation should be carried out.

Borrowers who default on loans may encounter representatives of collection agencies. These are those who knock out debts from malicious defaulters. A meeting with collectors means that the bank has terminated its obligations in terms of claiming debt on loans and has transferred powers to another organization.

What are collection agencies?

Debtors on loans are legal entities that carry out financial activities to ensure the return of the loan. Agencies work for hire: most often they are approached by banks and other credit organizations whose clients owe companies under loan agreements.

Collectors act on the basis of the Federal Law of July 3, 2016 N 230-FZ "On the protection of the rights and legitimate interests of individuals in the implementation of activities to return overdue debts."

Despite the existence of regulations in the legislation of the Russian Federation, the activities of "debt collectors" often exceed these powers. Complaints repeatedly appear on the Internet about the actions of employees of collection agencies, who rudely force borrowers to pay off their loans.

Citizens who know firsthand how debt collectors knock out debts, after paying off obligations, prefer not to burden themselves with loans and not act as guarantors for the loans of loved ones.

What is the function of collectors?

According to Federal Law No. 230-FZ of July 3, 2016, collectors carry out their activities to return loan obligations in accordance with the legislation of the Russian Federation. This means that any actions of bureau employees must not contradict the terms of the law and violate the rights of citizens.

Collection agencies begin active work only after the credit institution has transferred its powers to them under the loan agreement of the client. In 78% of cases, relations between banks, MFIs and "debt collectors" arise on the basis of a loan purchase and sale agreement.

The transfer of a loan obligation is a transaction that is not subject to return. Those who collect debts from clients get full control over the debt of the payer, which is why collectors are so interested in a speedy return of funds.

For a borrower, selling his loan to agencies means that his payments will be monitored more closely. The principles of work of collectors are often based on psychological pressure on the debtor in order to return the loan in any way.

What should payers do, whose loans the bank has transferred to collection agencies?

Not wanting to communicate with those who knock out debts, borrowers often go with a claim to a financial institution. But after the creditor transfers its obligations, banks are not interested in the client's contract. Their powers in the field of loan repayment have been terminated, and the debt has been bought out by a collection agency.

In this case, the client has no grounds for litigation: the relationship between the bank and collectors is regulated by federal law. If the debtor refused to make payments under the loan agreement for 3-6 months (or more), the creditor has the right to sell the obligations to "debt collectors".

This does not mean the release of the payer from the need to pay the loan. On the contrary, collectors specialize in how to knock out a debt from a debtor, and will take active steps to repay the loan as soon as possible with all interest and accrued penalties.

How should a borrower pay fees when transferring rights to collection specialists?

When selling powers to collectors, the financial obligations of the debtor remain in full, but the procedure for making monthly payments may change.

If earlier the client repaid the loan to the bank's loan account, now he is obliged to pay funds to collectors. The exception is cases in which a credit institution cooperates with "debt bouncers" under a lease agreement. This means that the bank did not sell the loan, but hired a collection agency to speed up the procedure for returning obligations.

What does the "loan assignment agreement" mean in relation to the bank and collectors?

The loan is sold to "bouncers" under an assignment agreement. A new recipient of funds in the face of collectors notifies the client about the transfer of his loan to a third-party organization. The letter on letterhead must necessarily indicate the reason why the borrower must pay funds to another organization (assignment of rights), details of the company and the total amount of the debt, taking into account all interest and penalties.

If the payer has not received a notification, collection specialists, in accordance with Article 385 of the Civil Code of the Russian Federation, are not entitled to file financial claims.

List of authorized actions of employees for the return of loan funds

On January 1, 2017, amendments to the legislation regarding the powers of employees to collect debts came into force. Under the new law, collectors have only a few legal ways to get a debt out of a person. Allowed actions include:

Calls at legal times. Collectors can communicate with debtors through negotiations from 8:00 to 22:00 on weekdays and from 9:00 to 22:00 on weekends and holidays.
Personal meetings. Only after prior agreement with the borrower.
Letters to clients.
Communication via email and social networks.
Invitation to the office of the company.
Employee representation. The collector must name the full name, position and organization whose interests he represents.

Actions aimed at a personal meeting must be agreed with the payer in advance.

What is forbidden to use collection agencies in the process of debt recovery?

New amendments to the federal law have significantly reduced the powers of the "payment collectors". Debt collectors now include:

Attempts of psychological pressure on the debtor or members of his family. Employees are prohibited from threatening, rudely communicating with borrowers, exaggerating the consequences of refusing to make payments.
Calls at night - after 22:00.
Rejection of submission during contact with the client. Collectors, communicating with the debtor, are obliged to introduce themselves and clearly, in a polite manner, explain the requirements for repayment of the debt and the terms of payments.
Deliberate increase in the amount of debt. This amounts to fraud: the borrower must pay only the actual amount of the loan, including interest and penalties.
Persecution of relatives who are not directly related to the payment of the loan. Collectors can knock out debts only from the participants in the loan agreement, for example, guarantors, or those who have inherited obligations under the law. In the event that the borrower dies, and the loan was not issued an insurance contract, the obligation to pay for it is transferred to relatives.

Those who knock out debts cannot use physical force against the debtor. Any attempts at bodily contact are regarded as abuse of authority and are punishable in accordance with the Criminal Code of the Russian Federation.

Collectors have exceeded their authority: where to turn?

If the borrower is faced with illegal actions of debt collection specialists, he has the right to protect his interests in court.

Violations of employees of a collection agency may be of a non-material nature, for example, causing moral harm to the payer and his family. Sometimes the actions of "bouncers" fall under the article of hooliganism: damaging the property of citizens by writing "Debt" or posting ads with a photo of the borrower in the entrance.

To protect interests and preserve reputation, the payer can file a lawsuit against the organization, as well as come with an application to Rospotrebnadzor.

Can an individual turn to debt collectors for help?

Prior to the adoption of amendments to the federal law, the services of debt collection officers were also often used by individuals. For example, collectors helped to knock out a debt without a receipt, even in the amount of up to 10,000 rubles. With the tightening of the list of permitted actions, the number of clients who seek the services of professional "bouncers" has dropped dramatically.

According to the law, employees do not have the right to be intermediaries between individuals if the amount of debt does not exceed 50,000 rubles. The condition is relevant for all categories of citizens, including single mothers who, before knocking out alimony debt in court, turned to other organizations.

If the amount of debt obligations between individuals exceeds 50,000 rubles, the lender may involve collectors to collect their own funds. At the same time, the client does not have to have documents confirming the fact of the transfer of finances (receipt). Acting within the law, collectors will advise on how to collect cash from the debtor as soon as possible without a receipt.

Not every person is ready to turn to official organizations when there are problems with money. Many prefer "the old fashioned way" to borrow money from relatives, acquaintances, friends. However, there are often problems with the return of such a loan. To solve them, several methods have been devised: how to get in debt, and the implementation of some is illegal.

Indeed, it is quite difficult to make a person pay the bills, especially if there is no documentary evidence of the fact of borrowing.

Illegal Methods

It is worth noting that some people literally understand the expression "knocking out debts" with real physical force. It is somewhat problematic to argue with such methods; in the face of the threat of reprisal, any process involuntarily accelerates. Most defaulters prefer to return everything, just to avoid such pressure.

However, in a situation where the debtor takes the statement to the police, an unenviable fate awaits the claimant.

Responsibility for illegal actions

Any illegality is prosecuted by law: based on Art. 163 of the Criminal Code of the Russian Federation, are qualified as "extortion". The punishment for such self-will is more than serious:

imprisonment for a term of seven to fifteen years;
a fine of up to one million rubles.

Therefore, when making a decision to "knock out a debt", it is better not to abuse the available powers, it is impossible to threaten, exert pressure in any form, using provocative measures.

It is important to remember that no matter the situation, the law will always protect the borrower, even if he does not pay his bills. So, feeling threatened by the creditor, everyone can apply to law enforcement agencies or directly to the court, no bandit raid will take place here. The most a lender can do is to make a polite and extremely correct request, hoping that the person will return the money of his own free will.

Collection agencies

Recently, various companies have appeared that are engaged in collecting debts, you can call it: on a professional basis. Who are they and why do they work?

According to the current law, all agreements concluded by the bank with the client are considered terminated if 90 days have passed since the last payment. Further, the dossier is sold to people who knock out debts.

Now we are talking about collectors, whose activities are as follows: for any delay, a fine is charged, a penalty, which increases the debt exponentially. Some companies “wind up” in this way one percent of the total amount, as a result, space figures are obtained. Collection agencies are the penultimate instance, after which it remains only to apply to law enforcement agencies.

The employers are institutions that provide loans to individuals, in case of successful solution of the tasks set, a certain percentage goes to the account of those who provided the relevant services. As a matter of fact, the bulk of the collector's salary depends on how they knock out the debt.

Moreover, there is nothing surprising in the methods used to achieve the goal.

In addition, a scheme has become widespread when firms repurchase debt obligations for a minimum amount, taking all the difference for themselves, accounting is kept in special books.

The “homeland” of such agencies is America, the Russian version appeared only at the beginning of the last century. Acting immediately as a branch of credit structures, they later grew into a separate system with a field of activity - to work as a bouncer.

Illegal exposure

Worst of all in such a situation is for those on whom receivables “hang”, because they are constantly pressured, and by a variety of methods. But the main thing is the accrual of huge interest for each overdue day, which is much higher than that applied by the bank.

2014 was a turning point for the activities of such services, after the adoption of a special law regulating actions taken in relation to debtors. Since January 2017, significant changes have been made regarding the circulation of claimants:

telephone call;
letter.

These requirements are only valid for official or "white hat" systems that have previously used predominantly authorized methods.

"Black" companies do not hesitate to work like bandits: they threaten, lie in wait near the apartment, spoil the property of citizens.

The cost of services for individuals and legal entities

Those who knock out debts on loans work for a certain percentage. As a rule, this is not less than 10% of the total amount received on debts.

Legal grounds

There is only one legally competent way to recover borrowed funds - going to court. Of course, anyone can declare themselves bankrupt, considering this a strong argument to write off all financial obligations. However, this procedure is quite complicated, it implies the observance of certain conditions, the violation of which can aggravate the situation. There will be no problems if there is a receipt, its preparation also involves the mandatory entry of basic information on the borrower:

personal data;
the total amount;
percent or amount of remuneration;
repayment schedule or payment terms;
the order specified for the calculation.

The most important for all parties is the last point. The best option is to transfer funds to an account opened with a bank. It can be Sberbank, Vostochny, Renaissance, Home, and others. All retained receipts will be irreplaceable in court.

So, the presence of a notarized receipt becomes irrefutable evidence at any stage of resolving the issue. Keep in mind that the statute of limitations for filing a claim is three years.

Help from government agencies

The most effective and legal way to collect debts is a statement of claim, which is referred to the court at the place of residence of the defendant. Compose a document in free form with the inclusion of information:

Name of participants in the process.
The date the funds were transferred.
Total amount.
Return deadlines.
On what grounds is the money to be returned: oral agreement, receipt.
Be sure to indicate the refusal to return the loan, although all the deadlines have long passed.
Statement of what will be required.

In any case, the court will take into account and satisfy the requests of the borrower, with a decision in relation to the debtor to return the funds.

Then bailiffs enter the case, authorized to forcibly collect money, up to the sale of property if bankruptcy is declared.

Therefore, it is better not to know how debt collectors knock out debts if it is not possible to fulfill all obligations in a timely manner. Moreover, even death will not be the basis, relatives will have to pay.

The disadvantages of the official solution to the problem include the duration, it is realistic to return the loan product, but not earlier than in a year or even later.

What to do if funds are being squeezed out of you?

First of all, you should make sure that you are really guilty of the violations that were brought against you. You can do this by contacting the BCI, especially when it comes to non-existent microfinance transactions that you did not perform. Receipt of a writ of execution should be the basis for checking your CI. Perhaps this is a conspiracy of a gang of scammers who used other people's documents in order to quickly issue an express loan.

Therefore, it is extremely important to carefully study everything that is given for signature, especially when concluding loan agreements, a car loan for the purchase of a cool car. If you cannot understand all the legal intricacies, it is worth hiring an experienced specialist, whose help is really indispensable. He can really help, especially since this is his profession.

Almost all contracts contain a clause allowing the transfer of confidential information to third parties: collectors - that's what they call people who knock out debts in case of their untimely return.

Refusing to sign this provision, you can go to court when they appear.

To resolve the situation, when you still have to meet with creditors, a personal visit to the bank will help. It is better to be honest about the difficulties that have arisen:

it is not possible to receive a salary in a timely manner, for example, your LLC begins to reorganize, is liquidated, etc.;
failed suppliers, did not pay for the services rendered, goods, etc.

Ideally, if you have a home plan ready to get out of the crisis: change of field of activity, search for a new job.

It should be remembered that any financial institution is interested in returning the funds, it is not going to immediately bring the case to court, especially if the price of the issue is not so high. Moreover, you should not quarrel with such powerful organizations. Most likely, it will be possible to agree on:

be on credit holidays for some time, collecting funds;
pay only standard interest without repaying the principal.

Any of the accepted options will be the basis for the withdrawal of "bouncers".

If the debt is issued against receipt

The guarantor of the return of funds, especially significant amounts, is a document drawn up by a notary. With it, you can easily win any trial, provided that it is correctly drawn up, indicating all the provisions that were given above.

Application to the police

If it is impossible to solve the problem through peaceful negotiations, a claim is filed with the provision of a full package of documents available to the parties.

The won process becomes the basis on which funds will be withdrawn, according to clearly established deadlines. Otherwise, more serious measures will follow, up to criminal liability. Today, even alimony is subject to recovery if one of the parties improperly fulfills its obligations.

Procedure for going to court

The refusal of the borrower to repay the debt often becomes the basis for litigation. However, you should start by properly drafting a claim and a notice of a voluntary return, which will avoid charging high interest rates and applying other sanctions.

It is necessary to point out the possibility of considering the case in court, which most often takes the side of the creditor, which will further increase the amount of the total debt. It will include expenses such as:

state duty;
all costs;
legal services.

It is always better to negotiate, saving your own time and money.

If there is no receipt

Even the absence of such weighty evidence will not prevent the return of funds. You should start with negotiations, preferably in the presence of witnesses or on record. Failure to fulfill the promise within a month becomes a legal basis for filing a claim with all the ensuing consequences.

Can you sell debt to debt collectors?

Increasingly, when working with malicious non-payers, financial structures turn to specialized agencies that provide such services. Their course is the purchase of debt, they require a discount of more than 50% for "fresh" and large enough for amounts exceeding 500,000 rubles.

The condition for concluding such a transaction will be the recording of the relevant content in the contract.

People who knock out debts on loans are called collectors, they are involved only in extreme cases. There are such bureaus in all major cities, in Moscow: Baumansky lane, 4.

Therefore, it is best to start with an attempt to negotiate. Only after exhausting all possibilities, they involve specialists.

Faktrum publishes a story by a former employee of such a bureau, from which it becomes clear how collectors work and why it is better not to fall into their hands.

1. Not everyone can knock out debts.

For such a case, you need guys with hardened nerves - most often these are former employees of law enforcement agencies. Perfectly suited for such cases are "thick-skinned" employees of the penitentiary system who, for various reasons, were left without a position, and former military men. But most of all in the agencies come from the system of the Ministry of Internal Affairs. They are not used to talking in raised tones. Psychologists associate such resistance to stressful conditions with the professional deformation of the personality.

2. Bonuses for knocked out debts

In most agencies, to stimulate collectors, bonuses are provided - a percentage of the amount knocked out by him. That is, he did not receive money from the borrower - he remained hungry.

3. Buying debts

Those offices that buy debts in bulk (from unpaid phone bills to thousands of bank loans) usually have a staff of well-trained collectors. From the point of view of the law, these agencies are relatively transparent.

Processing of the client is carried out in several stages. “According to our brigades, “programs” (a semblance of a borrower’s personal file) are scattered only after the “rattles” have not coped with the client,” the former collector explains.

But there are few of them, these are the most persistent non-payers. If the task fell to us, the size of the debt is unimportant, even a hundred rubles, even a hundred thousand. We use the entire available arsenal of means.

4. How "ratchet" winds the nerves

"Ratchets" in professional slang is called an auto-dial system that exhausts a debtor using computer technology. That is, a special machine with a certain time interval dials the borrower's home, mobile phone number and reminds him of his obligations. The dialing time is calculated by the intelligent system in accordance with the time zone, the number of answers to the call - the robot guesses more often than a person when the defaulter is at home.

5. Dirty tricks

If the borrower is not going to pay the bills, other measures of influence are applied to him, then fantasy and creativity are already included, - our interlocutor ironically - I will immediately make a reservation, our actions were not of a criminal nature. I know of cases when they called the school where the debtor's children study and asked the teachers to discuss at the parent meeting the inability to pay the bills of Vasya's or Petya's parents. Or they themselves entered into communication with the debtor's children by phone or in person. If a son or daughter asks: "Dad, why don't you give other people's money?" it is unlikely that someone will not pay after this, not iron, after all. Although there are those who never pay. Here, not all collectors have enough self-control. Hard work, that's why I left.

Some try to morally crush their victim. A very popular technique is accommodation in the area of residence of an insolvent borrower offensive leaflets, where the debtor is accused of various heinous things, from addictions to serious crimes.

Through social networks, collectors send messages about the insolvency of their comrade to friends of the victim, advise not to trust him in anything and not to lend money. Another popular low blow on the debtor is posting his phone numbers on sex services websites.

6. The most dangerous

Much more dangerous collectors of another level, with a "registration" in private security companies - continues our guest. - They knock out serious sums, and we are talking about real criminal gangs. Here you have violence and damage to property. These guys can easily set a car on fire. Naturally, in the capital and other large cities, such brigades quickly come to the attention of the police, but in the regions they, as a rule, have serious patrons.

A few years ago, they turned the life of a Muscovite into hell. Her only fault was that she had once been married to an unlucky borrower.

My client and her husband divorced long before he managed to take out a loan and owe the bank about 200 thousand rubles, - says the head of the legal center "Man and Law" Mars Tarasov.

The collectors turned out to have the personal data of the woman, and they simply did not let her pass, called, sent letters demanding money. She complained to the district police officer, but to no avail - they refused to initiate a criminal case. In the end, impudent thugs came to her dacha in the Moscow region and said that they would take her things on account of a debt. Her uncle, who was there, started a moped and told the boors that he was coming for the police. Then one of the collectors took out a traumatic pistol and shot him several times. The wounds were fatal.
A former employee of the Metropolitan Police, collector Vladimir D. was found guilty of murder.

7. And the law?..

It is clear to the blind that such tragedies happen as a result of the legal vacuum that has formed around the activities of collectors. Structures involved in the collection of overdue debts appeared on the market along with the spread of consumer lending. But the legal mechanisms that regulate this activity, still do not work. Moreover, the thematic bill has been developed for a long time. But lawmakers are looking for compromises to please credit institutions, individuals, and collectors. Meanwhile, dashing people systematically go too far, terrorizing debtors with impunity. And only flagrant crimes reveal the enormity of the situation of those who were enslaved by creditors.