The sale of debt to collectors is carried out if the loan has not been repaid for more than a year. Agencies can choose the most attractive debts for themselves. The assignment of rights will be legal if it is spelled out in the loan agreement.
In Russia, the practice of selling debts to collectors. Recently, the dollar rate has increased, which has led to the inability to pay loans on time. The sale of debt is usually beneficial to the bank itself. He gets the opportunity to get rid of debt. But at the same time, the collectors do not pay interest and fines. For the assignment of debt, you have to pay about 30% of the amount. But even in such a situation, the bank makes its profit at least through insurance against non-return.
What debts can you sell?
The law does not regulate the procedure for the sale of individual debt. There are professional psychologists in the staff of collection companies who can easily force a citizen to make payments. Moreover, such agencies buy only those debts from which it will be possible to make a profit. Debts are most often sold:
- credit;
- under a supply agreement;
- under a work contract;
- loans.
The assignment of rights is possible if it is provided for by the agreement concluded between the claimant and the debtor. If this item is not in the official papers, then the resale will be considered illegal. The transaction can be carried out both before the creditor goes to court, and after the court proceedings. The application is considered by the court only after the obligatory notification of the debtor. He has the opportunity to present his objections.
How does the sale of debt collector take place?
The transaction is made on the basis of an assignment agreement or an agreement on the assignment of rights. This scheme also applies if the debtor is a legal entity. The consent of the debtor is not required in this case. Such an agreement cannot be used when it comes to personal obligations, for example, compensation for material or moral damage, alimony.
The agreement prescribes the interaction of the parties:
- the transition of debt from a legal entity to an individual;
- sale of the company's debt to another legal entity;
- relationships between individuals.
In such an official paper, the amount of debt, the presence of a penalty, terms, bank details of the parties, the obligations of the debtor are indicated.
While the sale of a legal entity's debt is often not a surprise, it often comes as a surprise to individuals. It is possible to understand that the loan has been sold for some reason. Calls from unknown persons begin to arrive, demanding to pay the debt.
When contacting the bank, a person cannot pay off the debt, the reason for this is the closure of the account. Sometimes a notification comes from collectors demanding payment of the debt or a message from the bank that the debt has been sold to a third party.
Selling features
Financial institutions usually cooperate with several agencies at once. This makes it possible to find the optimal conditions for the deal. Banks sell only unpromising debt, for which no payment has been received for several months.
The obligatory stage is the trial. If the debt cannot be sold, then in three years it will be written off. The powers of the new creditor do not exceed those of the old one. Agencies can independently choose with whom and when to conclude an agreement. When the conditions are selected, a special application is filled out. The legality of the assignment, the amount and terms, and the availability of security are taken into account.
Collectors can only demand payment of the amount that was charged at the time of signing the contract. After the conclusion of the contract, they have no right to demand additional amounts.
In conclusion, we note: when the collectors call the debtor, it is necessary to make an appointment at the office, study all the documents and make copies of them. If the scanning was carried out without your participation, the copies are checked against the originals. If all the papers are drawn up correctly, you can ask for debt restructuring. The agency has no right to refuse this. After payment has been made, receipts should be retained for at least five years.
