At the mention of only one word “collector”, “problem” borrowers shudder - and a picture of criminal content immediately rises before our eyes, when “evil uncles” threaten to take everything away if the debt is not repaid. But do the employees of the collection agency have the right to go to "extreme measures" in order to "knock" money out of the defaulter?
After numerous complaints from citizens of the Russian Federation about illegal actions of collectors, in Russia on July 3, 2016, the federal law "On the protection of the rights and legitimate interests of individuals in the implementation of activities for the return of overdue debts and on amendments to the Federal Law" On microfinance activities and microfinance organizations. "This law provides for a limit on the number of calls that collectors can make to the debtor's phone, you can call no more than 2 times a week and no more than 8 times a month. Also, collectors have the right to bother customers only from eight in the morning to ten in the evening, and this on weekdays, on holidays from 9 am to 8 pm "Night" calls from unfamiliar numbers are already a violation, and if there are any, the borrower has the right to complain about the actions of the employees. introduce yourself and name your organization - a fine is provided for not fulfilling this condition.
In addition to the prohibition on harassing customers at late hours of the day, collectors cannot insult, intimidate, humiliate or otherwise exert psychological pressure on non-payers, as this also violates articles of the Civil and Criminal Codes of the Russian Federation. However, these conditions are often violated: complaints about offensive behavior of collectors are a typical phenomenon in the lending business, and, unfortunately, it is impossible to eradicate it completely.
When resorting to the abuse of their rights, the collectors act on the basis of their interests and the wishes of the agency, which requires its employees to fulfill their plans to collect debts from the "delinquent" as much as possible. And employees often have no other option but to exert psychological pressure on borrowers.
But there are times when the matter is not limited to only "naked" threats - and visits, damage to property, physical violence are used. Employees can come to the clients' house, but they have no right to enter without permission and demand in return any valuable thing. In case of forced entry into the premises, their actions fall under the article of the Criminal Code of the Russian Federation "Illegal entry", and the tenant has every right to sue.
"Extortionate" inscriptions demanding repayment of the debt, distribution of defamatory leaflets among neighbors and other actions are also illegal.
Thus, in order to protect the "good name" from the arbitrariness of the collectors, it is important to remember that the most they have the right to do is to call in the morning or evening, send a notice, or come with a personal visit and politely ask to repay the debt. In other cases, one should not be shy, not afraid, but complain about their actions. Only after your application to the police (or, if the police is inactive, to the prosecutor's office), the collectors can be brought to administrative and, importantly, criminal liability. In conclusion, I would like to warn against rash actions. Remember, the new law does not relieve you of responsibility for the loans you have taken. impulse loans are a dangerous trap, do not fall for the hook of momentary joys, for which you will have to pay for many years not only with money, but also with your nerves.
