"Calm, only calm!" - as he said, Carlson is the most relevant phrase in this situation, which is true, rarely does anyone succeed in such moments. Collection calls are not uncommon in our time, how they disturb the soul and peace, and if not yet on your loan.
Prehistory
This summer an unfamiliar number called me: I did not answer, then again, but since my work is connected with the fact that unknown subscribers often call, I had to pick up the phone and immediately: - Are you "such and such"? (my answer is yes) Okay, let's discuss the current situation with you. - What is the situation? - I. - Many say so, but there is nothing wrong with that. We will help you and can write down the debt, for this you only need to give verbal consent now. Do you agree? “You don’t have to talk to me as if I were mentally ill - then I lost my patience. - Introduce yourself and tell me what I owe and to whom. Otherwise, I will report your actions to the police - me.
After that, they hung up the phone at the other end of the line, but I was left completely at a loss. I did not take loans / loans, did not participate in "quick money", only a Sberbank credit card. I immediately called the bank, explained the situation, dictated the number, where I was told that they were not engaged in this type of activity and most likely they were scammers. I calmed down, but after a week the calls resumed. They did not want to listen to me, the nervous state began to fail, holding out for a week, after calls in the morning and late at night, she called the last number to clarify the situation. It turns out that 15 years ago, the currently valid number (the SIM card was purchased about 14 years ago) was issued to my namesake, the only difference is in the surname living in another region, city, and she took a loan, which she did not repay. After explaining to the collection service, the calls stopped.
Maybe my situation was so good that I called the collectors myself - I talked to the employee who answered me. But often, we invest so much energy and effort in the “fight for everything and with everyone” that at such unforeseen moments, we begin to panic. First, we need to calmly ask the caller to introduce himself and on what basis he asks you to pay off the debt. Whose collection company he represents and in which credit institution your debt is allegedly located. If you are sure that you are right, then you do not need to worry, but take the thread of the conversation into your own hands, saying that the conversation is being recorded (this will be a deterrent for your opponent), do not give in to provocative questions: “Do you agree ….?” Remember, you don’t agree to anything, so you need to keep yourself in control, since any positive confirmation can turn against you, collectors also record telephone conversations.
Let's summarize
- Don't raise your voice, try not to get nervous
- do not be rude, behave extremely correctly - try to find out why the collector is calling you - ask questions clearly and clearly - insist on answers to your questions
- do not provide any information about yourself or anyone, especially if they do not answer questions and interrupt you
- do not talk on abstract topics - there are trained professionals in collection offices, so they pull personal information from you. By law, the information that is transmitted through the operators is valid. Therefore, I was asked to agree to the distribution of debt out loud here and now.
- do not agree to a personal meeting, and even more so if they ask to do it at your home!
- Do not react to threats with threats
Try to record your conversation, if the case goes to court, then the audio material will be strong evidence of your innocence.
The basis of the problem of collection calls
It is very important for yourself to decide that you were not a guarantor to anyone, relatives took a loan and indicated your data, that your cell phone number did not change, as it may happen that it was indicated in the loan agreement, and the previous one was not repaid. the owner has changed the operator. If your arguments did not lead to results and the calls continue, you have the right to complain about the collectors to the bank, which, according to the law, is responsible for the company's illegal actions, and also explain the situation that the number is indicated erroneously and you do not know its debtor. It also has the right to demand that data be removed from the database. If this did not help or it was not possible to find out the name of the bank and the company, then there is only one way out - to write a statement to law enforcement agencies that rights are violated and personal data are illegally used.
But it so happens that a relative took a loan - a loan, and without your consent indicated a phone number. And in this case, no one has the right to demand that you pay off the debt. What is reflected in the legislation:
- family relationships do not affect anything. A relative will not pay the debt if he is not a surety, or did not receive an inheritance, which included a debt obligation. Or if there is no court decision on that. Exceptions are spouses who can share debts: - in an officially registered marriage - confirmed by a marriage registration certificate (in the case when the spouses were co-borrowers or guarantors of each other. And it does not matter who was the initiator of the loan / loan. The guarantor and co-borrower are responsible Common debts are considered jointly acquired, so they are divided between the spouses who are officially married).
- cohabitation does not oblige to anything, therefore, general debt obligations will not arise.
What To Do When Calls Continue
Instructions for a constructive conversation - preparing questions:
- Please introduce yourself
- What company he is a specialist and his position
- Where is the office of the collection organization located
- Does he have information about the state registration of the company - the number of the registration certificate, OGRN, and as a result - the collector can hang up.
- In what way can he confirm that he has the authority to handle this debt case and whether he has a guarantee from the bank.
It is advisable to ask to wait before talking so that you can prepare questions and a pen for writing down important information. Of course, it will also give you the right tune.
- we speak with the person who calls you and ask the above questions. You are trying to explain the situation that you do not know anything about this debt and you will not pay.
- if threats have begun against you, we immediately contact the law enforcement agencies and write a statement. Where you explain about the current situation, we attach a printout of calls coming from the collectors, an audio recording, if any (it is desirable to have).
- if an employee of a banking organization calls and demands payment of the debt, then we turn to the bank's hotline. When talking with a specialist, tell everything that you know about the situation. You can also write a complaint to Rospotrebnadzor or the Central Bank of the Russian Federation.
- you can contact Roskomnadzor and also inform you that collectors are calling you on someone else's debt.
If you've acted confidently and made it clear that you were right, the calls may stop. If they continue to call you and ask you to pay off a non-existent debt, you can say that you will contact the prosecutor's office and demand “compensation for the damage caused, including moral” (Chapter 8, Part 1 of the Civil Code of the Russian Federation).
In my situation, everything ended easily and quickly, I, not knowing the rules of the "game" and confident in my righteousness, took the call and clarification of the situation in my own hands. Now you know how to assert your rights and how to behave with calls from collectors.
Title and number of article, law - Violation / proof - Violations
Article 26. Banking secrecy, Federal Law "On Banks and Banking Activities" No. 395-1
Disclosure of bank secrets, for which the organization can pay compensation for damage caused.
Part 2 of Article 183 of the Criminal Code of the Russian Federation - Disclosure or use of data constituting bank secrets, without the consent of their owner by the person to whom it was entrusted or became known in the service.
Part 2 of Article 137 of the Criminal Code of the Russian Federation - Disclosure of personal or family information about a client using his official position.
Article 138 of the Criminal Code of the Russian Federation - Disclosure of secrecy of correspondence, telephone conversations, postal, telegraph or other messages of a citizen.
Article 163 of the Criminal Code of the Russian Federation - Extortion or demand in the transfer of property, money to collectors.
Article 179 of the Criminal Code of the Russian Federation - Coercion to commit a transaction, without signs of extortion, if such a crime has caused significant damage to the rights and legitimate interests of the victim and his relatives.
Article 213 of the Criminal Code of the Russian Federation - Hooliganism. For example, if a citizen was threatened, humiliated, expressed obscenely in his direction and used a weapon or other items that could become a weapon.
Article 119 of the Criminal Code of the Russian Federation - Threat of murder or infliction of grievous bodily harm, if there were reasons to fear the implementation of this threat.
Evidence and rights
Part 3 of Article 857 of the Civil Code of the Russian Federation - Based on this article, a citizen can demand compensation from bank employees for damages. This is in the event that the bank secret was disclosed and the client did not know about it.
Article 7 of the Federal Law No. 152 "On Personal Data" - Says that persons who have gained access to personal data are obliged not to disclose to third parties and not to distribute personal data without the consent of the citizen.
