It is best to simply not bring the matter to the intervention of collectors: to fulfill obligations on debts in a timely manner, and even better - not to get into them. But not always and not everyone succeeds. And often the collectors of other people's debts can get out with their calls not the debtor himself, but his close relatives, or even strangers altogether.
Instructions
Step 1
For whatever reason you come across representatives of this profession, it is important to understand a few simple things. In the organization that is engaged in such a business, you, by definition, do not have and cannot have friends. Some strangers, who in some unknown way found out your coordinates and received information about your or someone else's obligations, unceremoniously violate your constitutional right to privacy. This is exactly what the situation looks like from the point of view of the law at the moment when the collectors first contact you.
Step 2
And your task is to make them understand from the first seconds of the conversation that you know your rights and are ready to defend them in all legal ways. Not fulfilling your obligations, if you have them, is certainly not good. But this in no way diminishes your rights, and you have enough of them (and even especially dangerous recidivists in prisons have them at least on paper). But the collector has very few of them, if not at all.
And if the calls are also about someone else's debt, then the collector turns out to be wrong from all sides.
Step 3
The first thing you should know: you are not obliged to voice your personal data (name, surname, patronymic, date of birth and other information that you will be asked to name for identification) at the first request of unauthorized persons. Not just by name and patronymic, but to name the surname, position, organization where it works, and its legal address. Collectors do not like to name anything other than a name and patronymic (and often it is not recommended to them by the service instructions). And until you have heard a clear full presentation, flatly refuse to discuss anything: politely, but firmly.
Step 4
The second important nuance. The collector must provide you with documentary evidence of the rights of claim for your debt to the bank: an agreement between him and a collection agency (assignment, agency or other), a copy of your loan agreement, calculation of the amount owed. Until this happens, you, in accordance with Part 1 of Art. 385 of the Civil Code of the Russian Federation, it has the right not to fulfill its requirements in relation to its debt. This means that until you have received certified copies of these documents, your conversations with the collectors are pointless, and their claims are untenable. Immediately inform the interlocutor that you are aware of this legal subtlety. They will most likely provide you with the documents, but you will gain time.
Step 5
If you are a relative of the debtor, in no case let the collector understand that you are ready to cooperate with him. No matter how wrong your loved one is, you are not responsible for his actions: he is an adult, capable, otherwise he would not have financial obligations. This means that he himself should be responsible for his actions. Obligations are his, not yours. And they do not concern you, let him decide them himself, and you do not discuss your relationship with strangers.
Step 6
If the collectors cannot find your loved one, let them try to contact the police. And he did not authorize you to disclose his personal data to third parties. And you are not obliged to cooperate with private structures, unlike law enforcement agencies. And article 51 of the Constitution of the Russian Federation on the right not to testify against yourself and your relatives has not yet been canceled. Remind the collector that you have the right to apply to law enforcement agencies and the court, and you will definitely do this if they do not stop bothering you about an issue that has nothing to do with you.
Step 7
Collectors often tell relatives who and how much their ward owes. In this case, tell the interlocutor that be sure to inform the object of their interest, who and under what circumstances disclosed his banking secrets to you, so that he takes action. And about his readiness to confirm this fact in court, police, prosecutor's office.
Step 8
Collectors also like to scare wards and their loved ones with a trial and a subsequent visit from bailiffs. This threat is often especially effective in relation to relatives living at the debtor's residence address if the debtor lives at a different address. There is no need to be afraid of these threats. The collector is least interested in getting it to trial. After all, neither he personally nor the agency will earn anything in this case. If the case really comes to court, the bank may lose. And in the event of a decision in his favor, there is enough opportunity to delay the execution of the judgment. It can be appealed to all higher instances up to the Supreme Court of the Russian Federation. In addition, through the court it is really possible to achieve payment by installments with a comfortable schedule for the debtor. Or reduce the amount to be collected.
Step 9
The ability to keep the collector on a short leash, however, does not eliminate the need to repay the debt. Or legally achieve its reduction, or even a complete write-off. And for other obligations, such an outcome is quite likely. But this is a separate topic.
