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Due to the instability of the financial situation in the country and difficulties in the labor market, the percentage of non-repayment of loans to financial institutions has increased in recent years. Many of them decide not to sue, but to resell the debt to a collection agency, whose management often also decides not to deal with the situation legally, but to send their employees - collectors - to the showdown in order to quickly return the loan money by any means.

Who are collectors?

Collectors (from the Latin collectio - collection) are employees of private collection agencies who collect debts from borrowers of different banks or buy out an unpaid loan from an individual, demanding its return as a creditor. As a rule, they sell debt in the range of 25-200 thousand rubles. after 90 days of delay. Collectors most often act as a factor of psychological pressure on the borrower, because they have rather limited rights. Employees of such agencies work under an agency agreement or under an agreement on the transfer of rights of claim.

Banks decide to use their services due to the lack of a legislative framework that would clearly regulate the activities of collection firms; therefore, such organizations are more difficult to punish and prove illegal actions. Some agencies or banks that have used their services unlawfully increase the amount of debt or interest, come up with penalty fees, and as a result, the debt increases several times. The collector's main goal is to achieve payment of as much of the debt as possible. For this they are rewarded with bonuses and promotions.

Legal field in which collectors can operate

In most cases, employees of such companies use harsh and unlawful methods of influencing the debtor: in the middle of the night, they make threats, demand a personal meeting in a rude manner, or organize it without prior agreement.

Standard tricks of collectors, which they often use to scare the debtor:

• threats of imprisonment, inventory of property, use of physical force;
• special emphasis on positions (chief, senior specialist, head of department);
• arrival at the debtor’s place of residence with familiar bailiffs and police officers, but without the necessary documents.

All these threats have no basis in reality, since there is criminal liability for this, you just have to collect the facts and write a statement to the police. And only the Federal Bailiff Service, and in some cases, law enforcement agencies, have the right to describe property. Be guided by Art. 177 of the Criminal Code of the Russian Federation “Malicious evasion of accounts payable” they cannot, everything must be proven in court, an offense under Art. 159 “Fraud” also still needs to be argued, since if at least one payment was made, it is considered that there was no malicious intent. It is worth remembering that there are many more articles in the legislation that protect human rights and freedom than those that the debtor will be pointed out by the debtor, so his violation of the boundaries of what is permitted cannot be ignored; it is better to contact the police or prosecutor’s office. Even if they do not see any malicious intent in the actions of the collectors, the very fact of filing an application will be an additional bonus for the borrower.

Advice: Experts advise not to talk to debt collectors by phone at all, as this rarely ends in a constructive dialogue. In addition, they often represent a fictitious name, and when filing a complaint with the agency, the person or his lawyer will receive a reply stating that they do not have an employee with such data.

Don't panic, know and protect your rights and try to repay your debt to the bank regularly. As a last resort, you can take out or refinance the loan. Only the debtor has the right to choose the place and time of the conversation with the collector, that is, the collector has no right to break into work, neighbors, or children’s school. During a personal conversation, you should always ask for a passport of a citizen of the Russian Federation, because a certificate of an incomprehensible type of a private company with the organizational and legal form of LLC (this is what collection agencies often choose) should not be taken as a serious document. ? It is advisable to talk only in front of witnesses and record the conversation on a voice recorder (but warn about this). It is best to limit communication with debt collectors to a formal dialogue in writing. Their demands should be sent on paper, and not spoken into the telephone receiver in the middle of the night.

Under the Consumer Credit Law, collectors have the right to very limited actions:

1. Inform the borrower about the amount of his debt and the terms of repayment.
2. Specify the planned repayment terms.
3. Send an information letter with the recommended return date, an explanation of the consequences of non-payment of the debt (increase in the amount of the fine for late payment, transfer of the case to the Credit History Bureau, legal action).

But they do not have the right to call the debtor from 10 pm to 6 am, threaten, come to the debtor’s home without prior agreement, or, in case of refusal, transmit information about the debt to third parties. The less contact the borrower makes, the more stringent measures the collectors take. The way out is not to remain silent, to speak politely, but rather to conduct a written dialogue. Communication regarding debt repayment should be carried out only with the financial institution and its management. As a rule, problems with debt collectors arise due to panic and ignorance of their rights by the debtors themselves. But you still need to repay the loan, because the answer to the question is

If you are a regular reader of our site, you will probably be surprised why we only now decided to talk about who collectors are, because we have previously published many articles about them. In fact, this article is dedicated to those people who have never heard of debt collectors before, and believe me, there are many of them.

Who are collectors?

Some time ago, so-called debt agencies (collection agencies) began to appear, which professionally specialize in debt collection. It is important that agencies specialize in pre-trial debt collection, although in some cases the matter may go to court. Collection agencies work according to two main schemes: they either buy the debt from the creditor, or help return the funds to the creditor’s account for a certain percentage of the collected funds.

Employees of a collection agency, accordingly, are usually called collectors.

Debt agencies did not appear in Russia - they came to us from the USA. The first of them were registered back in the 90s of the last century, but they actively began to enter the market much later - in the mid-2000s.

How do collectors work?

Let's start from the very beginning. Let's assume that a certain borrower took out funds from a bank, and after some time he started having problems with payments. Yes, such that he doesn’t pay anything at all. As soon as there is a delay in funds, a polite bank employee calls and clarifies what happened and when the borrower is going to repay the debt. Such calls continue for some time - usually at least 2-3 months. In this way, the bank tries to receive its funds and not lose the client. If the latter does not pay at all, then there is no point in keeping such a client for the bank and his debt is transferred to collectors.

Collectors act much more decisively. It all starts with calls. As a rule, at first the calls are the most ordinary reminders - something like the ones the debtor receives from the bank. In the future, the intonation of the collector may change. Sometimes it gets to the point where callers simply begin to threaten and intimidate the debtor. Of course, this is unacceptable, and therefore you need to immediately contact the police.

As practice shows, such actions work, since almost 50% of debtors repay their debts. This is also due to the fact that if there is no result, collectors may start calling the debtor’s relatives and friends, and sometimes even his work.

As for threats, they remain just threats. For example, collectors may claim that a mobile team will be sent to the defaulter right now. Usually this is nothing more than an element of intimidation, but in reality, debt collectors can actually come to the debtor’s home. However, they act as correctly as possible. In turn, the debtor himself decides whether to communicate with collectors and/or let them into the apartment. It’s another matter if they try to forcefully get inside the home or threaten a person - in this case, you need to immediately call the police!

Of course, there are always extremely unpleasant exceptions. Not long ago, an incident occurred that was surprising in its cruelty: a collector threw a Molotov cocktail through the window of a private house and the bottle hit the crib of a small child, as a result of which he received severe burns. The collector was caught very quickly, although he insists that he did nothing of the kind. But we were talking about only a few thousand rubles...

Fortunately, there are very few such cases, but you need to understand what some unscrupulous debt collectors can do. By the way, the state is preparing a new law on debt collectors, as a result of which, as expected, debtors will no longer have to listen to nasty things and threats addressed to them.

The above case is an exception. Most collectors prefer to work without using illegal methods. Therefore, you can even talk to them about debt repayment. Of course, we won’t say that they will be in the position of a debtor, but it’s worth a try, especially if the borrower wants to pay off his debt in the near future.

By the way, collectors like to threaten with various articles of the Criminal Code of the Russian Federation. Indeed, some of them may be related to the debtor, for example, Article 159 of the Criminal Code of the Russian Federation “Fraud”. This article may be applied if it is proven that the borrower intentionally took out the loan and did not plan to repay the debts. The debtor paid off the debt until problems with funds arose... In general, such accusations can be ignored.

Collectors' rights

Federal Law FZ-353, Article 15 (Features of taking actions aimed at repaying debt under a consumer credit (loan) agreement) talks about the rights of collectors.

1. When taking actions aimed at repaying out-of-court debt incurred under a consumer credit (loan) agreement, the creditor and (or) legal entity with which the creditor has entered into an agency agreement providing for such person to perform legal and (or) other actions, aimed at repaying debt incurred under a consumer credit (loan) agreement (hereinafter referred to as the person engaged in debt collection activities), has the right to interact with the borrower and persons who provided security under the consumer credit (loan) agreement, using:

1) personal meetings, telephone conversations (hereinafter referred to as direct interaction);

2) postal items at the place of residence of the borrower or the person who provided security under a consumer credit (loan) agreement, telegraph messages, text, voice and other messages transmitted over telecommunication networks, including mobile radiotelephone communications.

2. Other, with the exception of the methods specified in Part 1 of this article, methods of interaction with the borrower or the person who provided security under a consumer credit (loan) agreement, at the initiative of the creditor and (or) the person carrying out debt collection activities, can only be used when the presence in writing of the consent of the borrower or the person who provided security under the consumer credit (loan) agreement.

3. The following actions are not allowed on the initiative of the creditor and (or) the person carrying out debt collection activities:

1) direct interaction with the borrower or the person who provided security under a consumer credit (loan) agreement, aimed at fulfilling by the borrower an obligation under an agreement that has not come due, except in the case where the right to demand early fulfillment of an obligation under an agreement is provided for by federal law;

2) direct interaction or interaction through short text messages sent using mobile radiotelephone networks, on weekdays from 22:00 to 8:00 local time and on weekends and non-working holidays from 20:00 to 9:00 local time at the place of residence the borrower or the person who provided security under a consumer credit (loan) agreement, which was specified when concluding a consumer credit (agreement) agreement (an agreement ensuring the execution of a consumer credit (loan) agreement or about which the lender was notified in the manner established by the consumer credit (loan) agreement).

4. The creditor, as well as the person carrying out debt collection activities, does not have the right to take legal or other actions aimed at repaying debt incurred under a consumer credit (loan) agreement with the intention of causing harm to the borrower or the person who provided security under the consumer loan agreement (loan), as well as abuse the right in other forms.

5. When interacting directly with a borrower or a person who provided security under a consumer credit (loan) agreement, the creditor and (or) the person carrying out debt collection activities are required to provide the last name, first name, patronymic (the latter if available) or the name of the creditor and ( or) the person carrying out debt collection activities, or the location, last name, first name, patronymic (the latter if available) and the position of the employee of the creditor or the person carrying out debt collection activities who interacts with the borrower, the location address for sending correspondence to the creditor and (or) the person carrying out debt collection activities.

How do debt collectors operate in other countries?

You can often hear that there are no collectors in other countries and they act much more gently with debtors there. This is wrong.

There are collectors there too, but they really act more softly. For example, they don’t even try to threaten, because it makes no sense (below you will understand why this is so). They simply call and ask whether the borrower plans to pay the debt.

If the borrower cannot answer the question posed, they politely say goodbye to him, and then simply sue him. The latter makes a decision, after which an inventory of the property is carried out.

So, as you can see, in other countries the situation is not at all the best. As they say, it’s good where we are not.

Finally, a simple piece of advice. In order to never encounter debt collectors, the loan debt must always be paid on time.

Currently, many people take amounts of money from creditors, using borrowed funds in an attempt to solve their financial problems. However, due to various circumstances, not all borrowers can repay the debt in a timely manner. Anyone who has taken out a loan needs to know that delaying payments without prior notice may result in a meeting with debt collectors. Many people have heard about the existence of collection companies, but have a vague idea of ​​their activities. Therefore, the question is: “Who is this collector? And what are the professional responsibilities of this person?” very, very relevant in current realities. In this article we will try to answer it.

Field of activity of collectors

So, a collector is an employee of a company engaged in collecting overdue loans. Working as a collector places a person in the position of intermediary between the creditor and the debtor. This specialist performs a set of specific actions aimed at repaying the debt.

Currently, the question: “Who is this collector?” One can accurately answer that this is a representative of a fairly in-demand profession in our country. Due to the growing number of outstanding loans, the services of such specialists are becoming increasingly relevant. The activities of these people can bring benefits to creditors and collection firms.

The services of debt collection specialists are used by banks that have issued loans to borrowers; stores that sold goods by installments; citizens experiencing difficulties in returning funds under a promissory note. But it is financial institutions that most often resort to the help of collection firms.

The history of this profession

People collecting debts have existed in our country since ancient times. They were called upon to collect tribute from the population intended for the Kyiv princes, and subsequently the Golden Horde.

The “collectors” of that time worked on behalf of the current government and always had with them a document confirming their authority. In this document, the exact amount that had to be paid was written in black and white.

Tax collectors in those early days often behaved aggressively and committed illegal actions. Debt collection often escalated into actual extortion of debts from the population.

However, even today, if you ask ordinary people what they think about debt collectors, some will picture in their imagination a strong guy posing a threat, who could realistically be mistaken for a criminal authority. However, these days there are few such “professionals”, mostly agencies try to follow the letter of the law.

Professional responsibilities

The job of a debt collection specialist includes the following job responsibilities:

• Providing debtors with the necessary information.
• Negotiating for payment of debt on loans.
• Calculation of client debt.
• Preparation of documentation for transferring cases to court.
• Preparation of reporting documentation for borrowers who have not paid their debts on time.
• Consulting clients and employees of a collection company on debt repayment issues.

A professional collector is a specialist who is able to offer the debtor various economic ways to solve his problem. He can become a kind of consultant in financial matters for his client.

Primary requirements

There are quite a lot of people willing to fill vacant positions in collection firms these days. The current demand for this profession has led to the fact that applicants for the position of collector undergo a thorough selection when applying for a job.

Previously, former military personnel or representatives of law enforcement agencies, who were capable of demonstrating aggression when collecting debt, often got jobs in such companies. Currently, the requirements for collectors have changed dramatically.

The main condition is the presence of a certain higher education: in the field of economics, finance or law. Priority in employment is given to those people who have experience in these areas related to the return of debts to creditors. However, quite often there are cases when people with a diploma in psychology or even a teacher are engaged in collection activities.

Specialists in collecting overdue debts should have information about accounting rules in Russia and study the law on the work of collectors that regulates their work activities.

Also, applicants for this position need computer skills, the ability to work with various databases, and knowledge of the basics of psychology.

Reservoir qualities

Intermediaries between creditors and debtors must have a number of certain qualities:

• They must be able to work in a team with other people.
• Be mobile and ready for frequent business trips.
• Collectors need to have communication skills, demonstrate flexibility in communicating with debtors, and, when achieving their goals, strictly follow the chosen course and the letter of the law.
• Intermediaries must behave politely and tactfully with borrowers, and under no circumstances allow themselves to become hostile towards them.

Main stages of work

The sole purpose and primary responsibility of employees of collection firms is to collect debt from the borrower. The faster the debt is returned to creditors, the higher the chance of the collector receiving his commission.

At the initial stage of working with debtors, the intermediary collects information about them located in the databases available to him.

The first stage of work involves communicating with the debtor at the level that is most convenient for him and includes the following methods:

• Telephone calls and messages to the loan debtor's number.
• Emails to the debtor's mail.
• Regular letters addressed personally to the borrower.

At this stage, the essence of the collector’s work is to prevent leakage of information about the debtor. Only the debt collection specialist, the collection agency and the creditor should be aware of the borrower's debt.

If the first stage of work does not bring positive results, the collector has the right to move on to the second. Now specialists can influence the debtor using the following methods:

• Collectors call the work and home of a borrower who has not repaid the loan.
• Send letters to work email.
• Personally meet with the borrower at his place of residence, work or recreation

At this stage of their work, employees of collection firms are required to adhere to the restrictions prescribed by law on personal data.

The third stage of work is to prepare materials for debt collection through the courts. Qualified lawyers provide legal support in this matter to the debt recovery specialist. After the court verdict is announced, collectors, together with bailiffs, begin searching, seizing and selling the property of people who have failed to return money to creditors.

Thus, as you may have noticed, representatives of the profession we are considering are not thugs at all, they do not have the right to threaten with physical violence and other unsightly things. Yes, sometimes they put some pressure, but that’s their job. At the same time, the best collectors are those who are able to find the right and tactful approach to any debtor. Such specialists are always in demand, their services are in demand, and they have good commissions. By the way, their work is not as sweet as it might seem at first glance, because it is based on communication with people. And people, as you know, are different...

Thus, collectors identify four groups of borrowers with whom they directly have to work:

1. People who like to cry, who complain about their lives and blame others for their problems.
2. People who are mired in their debts to such an extent that they cannot solve this problem on their own.
3. Fraudsters who pursued selfish goals when applying for a loan.
4. Borrowers experiencing temporary financial difficulties and ready to compromise.

Law on the work of collectors

On January 1, 2017, a law limiting the rights of collectors came into force in the Russian Federation. It is designed to protect the rights of Russian citizens and suppress the illegal activities of some collection agencies.

Work on collecting debts from the population, in accordance with the norms established by law, can only be carried out by agencies included in the State Register of Bailiff Service. Unregistered companies and individuals who engage in unauthorized collection activities face certain fines or criminal prosecution.

New rules for the work of collectors regulate the forms of interaction between the intermediary and the debtor. The law, which affects all aspects of such activities, is designed to protect the population of our country from manifestations of authoritarianism and callousness on the part of debt collection specialists.

Acceptable forms of interaction

Collectors have the right to use certain methods of communication with persons who have loan debts:

• Postal items.
• Personal communication.
• Telephone negotiations.
• Messages.

The collector does not have the right to transfer information about the defaulter to other organizations without prior approval. Debt collectors are prohibited from communicating with third parties (colleagues, neighbors, etc.) without the consent of the debtor.

Professionals engaged in this type of activity are allowed to contact the people they need only during the hours established by law (on weekdays from 8:00 to 22:00, on weekends from 9:00 to 22:00). They can personally communicate with the borrower no more than once a week and call him no more than twice.

According to this law, children, borrowers in hospitals, and disabled people of group 1 are exempt from communicating with representatives of collection agencies.

The new law on debt collectors prohibits collectors from using threats, psychological pressure or physical force when communicating with persons who have debt on loans.

The debt collection specialist does not have the right to overstate the actual amount of the borrower's debt; he must display in writing only reliable information about the debt.

In order to never ask the question: “Who is this collector?”, citizens must comply with all the conditions specified in the loan agreement and pay the loan on time.

Pros and cons of the profession

Working as a collector has its positive and negative sides. The advantages of this profession are considered to be the possibility of fruitful work in a team and the presence of a creative component in the activity.

Despite the fact that communication between collectors and clients proceeds according to a pre-planned scenario, each specific situation can be filled with its own uniqueness.

The work of these specialists involves frequent trips to meet with debtors on their territory. Collectors are constantly learning, adopting experience from their colleagues, and mastering the nuances necessary to work with people.

The disadvantage of the profession is the stressful nature of such work. Debt collection specialists often have to listen to insults directed at them and see the tears of debtors who are unable to pay their debts to creditors on time.

Sometimes there are cases when working as a collector (reviews from borrowers indicate this fact) awakens negative qualities in representatives of this profession.

Career prospects

It is currently not possible to obtain an appropriate education: no higher educational institution simply trains such specialists. If you want to work as a collector, choose professions from the fields of economics, law and pedagogy.

Although there are special courses at collection agencies that provide the opportunity for those wishing to undergo specialized training and subsequently conduct collection activities.

Working as a collector, a person discovers positive qualities in himself that can be useful to him in later life. The accumulated knowledge can allow specialists, upon completion of their career, to change their occupation and take any job related to finance and direct sales.

Instead of a conclusion

So, to the question: “Collector - who is he?” can be answered as follows: this is an ordinary person whose professional duties are to explain to borrowers the negative aspects of their behavior. Such specialists are obliged to find a way out of the current situation that suits both sides of the conflict.

You should not be afraid of these people and avoid communicating with them. Sometimes, without establishing contact with debt collectors, it can be difficult to resolve your money problems peacefully.

If the specialists in collecting overdue debts exceed their authority and show aggression, borrowers have the right to stop communicating with them and turn to the police for help.

Employees of companies who violate the principle of work of a collector and use gangster methods of debt collection may be subject to criminal liability.

Collectors are specialists who provide debt collection. They usually work with lenders from large banks or work in support of microfinance organizations. Their goal is to force the defaulter to return the money at almost any cost.

In the USA, collectors appeared in the 60s of the 20th century. In the 80s, such companies began to open in Europe. In Russia, the first debt collection agencies were first created as subsidiaries of banks. The first autonomous collection agency, FASP CJSC, was registered on August 9, 2004.

Now collectors in Russia work according to two schemes:

1. Collectors buy the debt from the credit institution at an incomplete price. The bank writes off the difference in payments as a loss, and the agency tries to extract the entire amount from the debtor.
2. The agreement between the lender and the bank has not been cancelled. The collector simply stimulates the receipt of regular payments.

What can debt collectors legally do to a debtor?

According to the law that regulates the activities of collectors, they are allowed to:

• communicate with the debtor with his consent;
• remind about the debt and talk about the consequences of non-payment;
• call the creditor no more than once a day, twice a week, eight times a month;
• Meet in person no more than once a week.

What should debt collectors not do?

In addition to limiting the number of calls and personal meetings, the new law prohibits:

• use physical force against the debtor, threaten to cause harm to health or death;
• destroy or damage the creditor's property;
• insult the honor and dignity of the interlocutor;
• misrepresent the amount of debt, lie about the possibility of criminal liability;
• transfer information about loans to third parties: relatives, friends, employers;
• disseminate information about debt in open sources: the media, the Internet, social networks;
• contact the lender from 22:00 to 8:00 on weekdays and from 20:00 to 9:00 on non-working days.

What kind of collectors paint the entrances and beat up debtors?

This area, like any other, has its shadow side. Rare calls without threats do not always motivate the defaulter to return. At the same time, the salary of employees of collection companies depends on the volume of returned payments. Therefore, they approach debt collection with enthusiasm.

The arsenal of black collectors includes both relatively harmless, although life-poisoning, methods and downright dangerous ones. The first includes terrorizing with calls almost around the clock. The second includes threats to the debtor and his family, breaking glass in the apartment, arson and torture. All this, of course, is illegal.

I have a small debt. Why are debt collectors calling me?

Typically, small debts with significant non-payment of interest are handed over to collectors. When it comes to a really large amount, the credit institution will most likely go to court.

How to communicate with collectors?

First of all, stay calm. The collector must introduce himself. If he has not done so, ask him to identify himself and the organization he represents. Let him dictate the agency's contacts. This way you can call the company back and make sure that this person really works there.

Find out whether the bank actually assigned yours. To do this, you need to contact the credit institution and find out that you no longer have any relationship with it. If you still owe the bank, resolve the issue of debt restructuring with it. If not, ask the debt collector for loan documents, otherwise you risk paying the money but not saying goodbye to the loan. If everything is legal, you can simply repay the debt and continue to live in peace.

Speak kindly to the agency representative, but do not tell personal details: where and with whom you live, what roads you take. It’s also not worth making excuses for why you don’t pay - you’ll be wasting your time.

How to avoid meeting with debt collectors?

In order to avoid dealing with collectors, you need to either not take out loans, or approach this matter responsibly. Be sure to enter into a written agreement with a bank or microfinance organization. It should contain the following information:

• loan amount expressed in rubles;
• the full amount to be paid;
• loan repayment schedule;
• conditions for early repayment of the loan (in some cases, the bank must be notified about this in advance - it may charge penalties);
• the ability to transfer personal data to third parties (you can agree or refuse).

The main thing when receiving a loan is to repay it on time. If financial conditions have changed and you cannot repay the loan on the same terms, contact the bank. Credit institutions are interested in getting their money back. Most likely, they will accommodate you and draw up a new payment schedule.

What should I do if I encounter black debt collectors?

If debt collectors work using illegal methods, you should immediately contact the police. It is not the law on debt collectors, but the Criminal Code of the Russian Federation that should protect against death threats, attempts to enter an apartment without an invitation, and beatings.

But, relying on the protection of the state, you should remember two points. Firstly, the police may refuse to accept the statement. Law enforcement officers use various excuses, mostly illegal. If you do not find help from the police, write a corresponding statement to the prosecutor's office. Prosecutors, if a violation of the law is confirmed, will oblige the police to fulfill their duties conscientiously.

Secondly, when faced with sewers, the rescue of drowning people largely remains the work of the drowning people themselves. Therefore, collect the evidence base:

• record threatening calls (and simply too frequent calls) on a voice recorder;
• call the police every time debt collectors come to your home and try to get into your apartment;
• take photographs of damaged property.

You will need evidence in court. You can make a claim not only to the collection agency, but also to the bank. A creditor from Orenburg filed a lawsuit against Orient Express Bank for transferring personal data to third parties and won the case. In Karelia, a debt collector was sentenced to 10 months in prison for threatening to blow up a kindergarten where the debtor worked.

What to do if there are no debts, but collectors are still pursuing you?

Such situations do not arise so rarely. Collectors may pursue you because the debtor lived in your apartment, or is your namesake, or is related to you. Signs about debts often appear in the entrance or on all cars parked in the creditor's yard.

All these methods are illegal. The police should deal with debt collectors. It’s better to go to court right away. Along with the statement of claim, you must provide evidence of threats or damage to property.

For example, a lawyer from Omsk, Roman Kuzmin, won a lawsuit against collectors representing Trust Bank. His phone number in the database turned out to be recorded for a citizen who did not repay the loan. For nine months he was bombarded with threatening calls. He went to court and won the case. The bank must pay him 6 thousand rubles and compensate legal costs. In the Saratov region, employees of the microloan organization “Home Money” were convicted of painting an entrance.

You can try to resolve the issue peacefully: contact the bank so that changes can be made to the database. But, as a rule, this method is not very effective.

​Despite the fact that the concept of “collector” is firmly entrenched in the system of legal relations related to debt collection, the current Russian legislation does not regulate collection activities in any way. Currently, the Law on Collection Activities exists only in the form of a draft, with an unclear prospect of consideration and adoption.

Examining the rights, obligations and activities of collectors and collection agencies, today we can only talk about those provisions of the law that are applicable to the relationship between the creditor and the debtor regarding the latter’s failure to fulfill its loan obligations. Yes, exactly like that, and only like that. The legislation does not provide for any participation of collectors in such relationships. But this does not mean that absolutely all collectors work illegally. It’s just that their de jure status is completely different, although many debtors don’t even know about it.

Collectors - who are they?

The legal status of a collector (agency) is determined by three factors:

• The organizational and legal form chosen during registration is an entrepreneur (IP) or a legal entity.
• Special status - a financial organization (credit or non-credit), controlled by the Central Bank, or another, often a legal company. It is extremely rare, but sometimes lawyers take on collection functions.
• The powers that the collector has in the system of legal relations between the creditor and the debtor in accordance with the provisions of civil law.

The third factor is of greatest interest - it plays a major role in determining the rights of collectors:

1. The collector acts within the framework of an agency agreement concluded with the creditor and a power of attorney, which must contain a list of rights and obligations.
2. The collector entered into an agreement with the creditor on the assignment of rights of claim (in common parlance - the sale of debt). In this case, the collector’s status is virtually no different from a bank, microfinance organization or other primary creditor.

Rights of a debt collector acting as an agent

Acting as an agent, the debt collector is nothing more than an intermediary whose entire role is to provide debt collection services to the creditor. If we turn to the provisions of the Law on Consumer Credit (Loan), then all the rights of the collector in relation to the borrower can be reduced to a short but succinct definition - he can only politely and politely ask to repay the debt.

The mentioned law reduces the permissible actions of a collector to two directions:

1. Direct interaction - telephone conversations and (or) personal meetings.
2. Sending postal letters, telegraphic, text, voice and other messages transmitted via network telecommunications, including mobile radiotelephone.

It is important to note that all of the above actions can only be performed in relation to the borrower or the person who provided the security - the guarantor, guarantor, etc. Any other actions are illegal unless the borrower or the person providing the security has expressed their written consent to them.

Due to recent changes to the Law, collectors are expressly prohibited from:

• Require fulfillment of obligations earlier than the period established by the loan agreement or law.
• Call, conduct personal meetings, send SMS in the period from 22 to 08 o'clock on weekdays and from 20 to 09 o'clock on non-working holidays and weekends.
• Perform any action with the intent to cause any harm.
• Abuse the right in any form.

Rights of a collector under an agreement for the assignment of the right to claim a debt

By concluding a debt assignment agreement, the debt collector receives all rights regarding debt collection that previously belonged to the creditor. This means that the collector actually becomes a creditor in relation to a specific borrower.

With regard to the rights of the creditor and the person repaying the debt on behalf of the latter, the Consumer Credit Law does not make any special distinctions. Thus, the rights and obligations of a debt collector and a debt collector acting as an agent when interacting with a borrower regarding debt collection are identical.

At the same time, having the status of a creditor, the collector receives a number of rights that are unique to the creditor and directly follow from the provisions of the loan agreement and legislation. In particular, the creditor, acting on his own behalf, has the right to file a claim in court. As an agent, the debt collector can only provide legal services to the creditor. This is the approach often taken by debt collectors who are law firms and attorneys when acting as representatives of the creditor.

What Every Borrower Should Know

Whatever the status of the collector, he is not vested with the powers of law enforcement agencies and debt enforcement agencies (bailiffs).

The actions of a collector will be illegal in any case if he:

• Trying to get into the apartment without your consent. You generally have the right not to open the door to collectors.
• Takes actions to retain your property without a court order, or to draw up an inventory of property for the purpose of seizure. The latter is often used more as a threat: “we will come, we will describe and sell all your property for debts.” Such a threat can be regarded as extortion, and actions to illegally retain property can be regarded as arbitrariness.
• Cause damage to your property, the property of third parties or public property, for example, damaging your doors, locks, painting the walls in the entrance, not to mention the deliberate destruction of property.
• Threaten, insult, humiliate.
• Violate the confidentiality of legally protected data by any means and forms, in particular, disseminate personal information.

The legislation reserves the borrower the right to appeal and challenge any actions that he considers illegal and (or) unfounded. If the collector belongs to financial credit or non-credit organizations, applications (complaints) can be sent to the local office of the Central Bank of the Russian Federation. This does not limit the right to judicial protection. You can also report illegal actions of debt collectors to the police, investigative authorities or prosecutor's office.