If borrowers familiarize themselves with the current legislation, they will be able to learn how to behave correctly if collectors come home.

General information

Collectors are individuals who specialize in "knocking out" debt on loans. In most cases, they work for agencies that operate in accordance with the laws of the Russian Federation.

Their earnings directly depend on how much money they were able to collect from the debtor. That is why they make every effort to force the insolvent borrower to meet financial obligations.

Rights and obligations

Federal legislation of Russia (Law on Loans or Consumer Credit No. 353) clearly defines the rights and obligations of collectors.

• notify individuals in writing about the availability of debt under the credit program;

go to court with a statement of claim for debt collection;

Can collectors come home without a court order?

Collectors can come to the home of the debtor only if the loan agreement contains a clause on the bank's right to empower third parties to collect debts.

In this case, employees of collection agencies can visit individuals at home or at work.

It is worth noting that collectors can only bother debtors on weekdays, from 8 am to 10 pm.

How to behave correctly?

Free legal advice:

1. If the collector calls, you need to find out and write down his full name and the name of the agency (or financial institution) whose interests he represents.

Try to record the entire conversation on a dictaphone or other device, but you definitely need to warn your opponent about your intentions.

When meeting with collectors, which is recorded by recording devices, the debtor must speak clearly and distinctly so that in the future every word can be heard on the tape.

What not to do?

If individuals do not want to face serious problems that employees of collection agencies can provide them, they in no case need to try to persuade them to wait or postpone debt repayment.

Lawyers and law enforcement officers do not recommend debtors to enter into discussions with collectors.

This can lead to the following consequences: windows will begin to break, doors or property left unattended will be set on fire, tires will be removed from vehicles, etc.

Free legal advice:

Can they come home with a precinct?

Collectors have no right to involve law enforcement officers in their work.

If they say that they will soon pay a visit with a district police officer, then borrowers should not be afraid of their threats.

Collectors, in order to exert psychological pressure on the debtor, can come to his house in police uniform.

In this case, they violate Federal law and the borrower has the right to complain about their actions.

What if you came home to your relatives?

Collectors have no right to bother the relatives of an insolvent client of a financial institution, much less come to their home.

Free legal advice:

If the employees of the collection agencies nevertheless decided to pay a visit to the relatives of the borrower, then they do not need to enter into polemics with them, but immediately call the law enforcement officers.

How to behave if threatened?

If the employees of the collection agencies paid a visit to the debtor, and during the conversation began to exert psychological pressure, he needs to know how to behave correctly.

First of all, the borrower should tell uninvited visitors that he will call the law enforcement agencies this very minute and call the police squad.

Usually, it is enough to mention the employees of law enforcement agencies in order to quickly moderate the "ardor" of the collectors.

If, nevertheless, the debtor had to call the police at home, then in most cases, by their arrival, the visitors leave his home on their own.

Free legal advice:

According to the available statistics, such visits to non-paying borrowers leave them an unpleasant "aftertaste", and in order to prevent repeated visits, they write complaints to various government agencies.

How to get a loan secured by real estate in Raiffeisenbank, read here.

Where to complain?

If the collectors began to exert psychological or physical pressure on an individual or his family members, he should immediately contact the law enforcement agencies.

The borrower can, without leaving home, call the police squad and write a statement on his offenders on the spot.

Individuals can apply to the following authorities with a complaint about illegal actions of collectors:

Free legal advice:

• to the prosecutor's office;
• to the police;
• to the reception of the Central Bank of Russia;
• to Rospotrebnadzor.

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What to do if collectors come home

There are more and more cases when credit debts are given to collection agencies. People who first encounter the work of such organizations usually do not understand how to behave. Seeing unexpected guests on the doorstep, they wonder what to do if the collectors came home? It is better to try to figure out who they are and develop the correct strategy for behavior.

Collectors - who are they

From English, the word collector can literally be translated as "collector". These are entire organizations or individual professionals whose activities are reduced to stimulating debtors to pay overdue bills. Banks, housing departments, insurance and other companies that cannot independently cope with a large number of defaulters turn to their help.

The working methods are very different. These are calls, personal meetings, warning letters. There are so-called black collectors, whose activities are threats, surveillance, psychological pressure or even physical violence.

Free legal advice:

People specially trained in collection techniques do everything in cold blood to take the client out of psychological balance and make him pay back the debt. Collection agencies are usually transferred to defaulters, whose debt exceeds 4 months. With large overdue loans, over 200 thousand rubles, organizations often independently go to court.

What collectors can and do not have the right to do

The activities of collectors are limited by laws. For example, to the frequent question whether collectors have the right to come home to the debtor, there is an answer: yes, but only if there is a clause in the loan agreement, according to which third parties can control payments. It is only necessary to notify the defaulter about this in advance. The owner of the apartment may well not let them in, and it is forbidden to enter the dwelling by force. Collectors are not officials and do not have the rights of bailiffs or police officers.

What collectors can do:

• call during daytime (working) hours and inform about the existing debt;
• invite for a polite conversation;
• to come home or to the place of service to the debtors. Basically, this is done to assess the client's solvency or to unbalance, intimidate, so that the loan is repaid as soon as possible;
• go to court.

What they have no authority to do:

• call at night;
• disturb public peace (all loud conversations in crowded places and other attempts to attract the attention of outsiders are unreasonable);
• deceive and address on behalf of the court, prosecutor's office or police;
• threaten, behave rudely;
• not promptly notify about a visit to the home of the defaulter;
• humiliate, insult the client;
• disseminate debt data to third parties (including relatives);
• commit physical violence or damage to property.

How to prepare for a collector visit

Even at the stage of the first phone calls, experienced collectors study the client. When communicating, it becomes clear how a person is legally literate, what he is. Based on this data, a strategy for further actions is being developed. Collectors do not like to work with competent debtors who are clearly aware of their rights and who are not hurt by threats. This makes their work very difficult.

Free legal advice:

How to behave when collectors call by phone:

1. It is advisable to record the conversation, warning the interlocutor about it. After that, this can become evidence of illegal actions, for example, threats or blackmail.
2. It is imperative to immediately find out the full name, position of the employee and the name of the collection organization, present a loan agreement, documents. This is necessary so that in case of possible problems there is someone to present a claim.
3. Behave in a polite and cool manner. You cannot show fear, it is easier to intimidate a timid client, and the apparent defenselessness afterwards will provoke the collector into rudeness and illegal actions.
4. Clearly delineate boundaries, communicate correctly, but do not allow agency employees to express insults or get into personal life.

After notification of the imminent visit of employees, it is worth considering whether you want to let the collectors into the apartment or leave them outside the door. It is necessary to analyze the behavior of employees on the phone. If there were harsh words or threats, you need to protect yourself from entering your home.

It is necessary to identify your weaknesses, pain points in order to be prepared in advance for possible difficulties. This will allow you not to lose your cool when visiting the collector. It is advisable to ask friends, relatives or spouse to be present during the visit before visiting. Witnesses will not be superfluous in the event of unfair assault, rudeness or possible physical violence.

Any communication with agency employees must be voluntary, they have no authority to force them to visit or talk on the phone. Pressure exerted, frequent visits at work, involvement of third parties or threats can be legally classified as extortion.

How to behave during the visit of the collectors

It must be remembered that the collector's visit is not binding. Of course, it is better to pay off debts on time, but a delay on a loan is not at all a reason for fears for your life, safety or the integrity of property.

It is necessary to indicate to employees in their place if they overstep the boundaries of their own authority. The debtor does not owe anything to a specific employee. Of course, the collector's job is to coerce or psychologically pressure a person so that all bills are paid. Agencies' income depends on the amount of debts paid, this is their job. However, it is possible to firmly delineate the boundaries and not allow the collectors to get personal.

When you visit the collectors, you should behave calmly, with restraint, in cold blood. Controlling your emotions will help you clearly remember what is happening, think over your actions. It will be more difficult for employees to intimidate or throw the person off balance. The conversation should be conducted strictly on the case. No need to give out personal information. It is better to talk about your financial condition frankly, kindly, while doing so with dignity.

You cannot ask for any leniency. Collectors will not meet exactly halfway. If the agency's employees become aware of any weaknesses, they will definitely take advantage of it. For example, when a debtor asks not to report a debt to relatives, colleagues, or fears for the condition of his loved ones, this easily becomes a reason for blackmail.

Do not be afraid of threats from Articles 177 or 159 of the Criminal Code of the Russian Federation. It is very difficult to prove that a person is not paying maliciously or is a fraud in the event of a loan debt. Especially if there have already been moments in your personal credit history when a person has paid off a debt in good faith. These clauses apply in the most severe cases where the defaulter did not pay the bills with the explicit purpose of making money.

Possible behavioral strategies

When dealing with collectors, there are several rules of conduct that are common to any communication strategy. In order to fully protect yourself, you need:

Free legal advice:

1. Record what is happening on a voice recorder or a mobile phone camera. Only about the record should be immediately warned, only in this case it will be evidence of illegal actions during the investigation or in court. Hidden records will not be of such value.
2. Do not communicate with a collector who did not give his full name and other data to his position. A fraudster may come disguised as an agency employee. In case of refusal, you should contact the prosecutor's office or the police.
3. If possible and in cases where a person is afraid of such visits, it is worth hiring a good lawyer. He will take over all the unpleasant negotiations and work out the right defense strategy.

Problems when visiting collectors:

1. Attempts to enter homes by force are absolutely illegal. A call to the police will help you decide.
2. The collectors came with a policeman. Gross violation of the law. It is necessary to record all the details of the visitors and contact the prosecutor's office. Both the agency and the official will be punished.
3. Threats, disrespect. Immediately end the dialogue and invite them to resolve all issues in court. Contact the police if necessary.
4. They make you pay money immediately on the spot. Extortion is taking place. The debt must be repaid exclusively through the bank.

For effective work, collectors come up with new collection tactics. This allows them to catch the debtor by surprise. Non-payers also need their own strategy in order to prevent possible difficulties and not get too lost from attempts at psychological pressure. A clear plan will allow you to think more clearly and not do anything stupid.

Retaliatory threats

They help in cases of unlawful rudeness in communication on the part of the collectors. In response, you do not need to be rude, but you should act confidently, not be afraid to stand up for yourself. With this tactic, you cannot show your weakness or timidity. Actions must be clear, statements harsh, but you must not insult. This tactic can put an overly arrogant employee in place.

Unexpected expression of emotion

In response to psychological pressure, you can deliberately give out a very emotional reaction. Naturally, this behavior should be feigned, inside it is better to remain absolutely calm. Unexpected laughter, tears, or hysterics can confuse the persistent collector. There is no need to be afraid to seem inadequate - it is quite profitable to be branded as strange in the eyes of an agency employee. Sometimes visits are stopped after such a reaction.

Experienced lawyer

It will work when the collector has less legal knowledge than his client. You can often use specialized terms in a conversation, demonstrate a good knowledge of the laws. Such a strategy will help protect against illegal actions, makes the collectors as correct as possible in the conversation. It is not recommended if you have little knowledge or inability to correctly express your thoughts.

Free legal advice:

Refusal to communicate

Just do not open doors for employees, do not respond to phone calls, and avoid face-to-face meetings. This is a good tactic when you need more time to improve your financial situation and deal with payments.

When choosing any tactic, it is worth remembering that the difficult work of the collector is not the reason for the insults of the agency employee during execution. Correct behavior on the part of the client will help to avoid many problems. Only one must not go too far and curry favor with collectors, instead of understanding, this can cause abuse, cheeky behavior or even rudeness. A golden mean is needed here - benevolence, confidence, self-control - this is the best strategy.

It is best to wait for the court when transferring the debt to a collection agency. This will help to avoid overpayments and markups from a third-party organization.

Scammers disguised as collectors

Sometimes, instead of real agency employees, completely different people can knock on the house. Basically, they come to illegally withdraw money from a client or evaluate a person's property for further theft. Fraudsters are distinguished from collectors by a number of signs:

• refusal to present documents, unwillingness to introduce himself;
• do not adhere to the legislation, violate the boundaries of the collectors' authority;
• pretend to be police officers, bailiffs;
• obvious reluctance to constructive dialogue, rudeness, cheeky behavior.

When faced with such violations, it is worth calling the police immediately. It is categorically impossible to let such scammers into the home - it is easy to lose property or even be physically attacked.

conclusions

Agency employees do not have the authority of officials (bailiffs or police officers). Can collectors come home without a court order? Only if there is a clause in the loan agreement on attracting third parties to debt collection, but they need not open the door. Correct, cold-blooded behavior will be the best defense against possible problems. It is worth being afraid of fraudsters, knowing the limit of the powers of the arrived employees.

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Free legal advice:

Do collectors have the right to come home to the debtor

Once in the calm and measured life of an ordinary man in the street, some strangers invaded, who often began to call on the phone with threats and catch up with fear.

Who are they? Bandits? What right do they have to behave like that? First of all, in order to understand this, you need to remember which debts or loans have remained unpaid. Are there loans that are not closed? So these people are collectors.

Collectors are individuals who earn money by collecting debts. They are usually employed by an agency. They are not bandits, this business in Russia is completely legal, albeit new. Experienced lawyers, financiers, psychologists and security guards work here. They act in different ways, quite often going beyond the legal framework, because their earnings are based on how much money they can get from the debtor.

Unpaid loan

The situation when credit bills are not paid on time is quite common today. Whatever the reason for this, for each day of delay in payment by the creditor banks, a considerable penalty is charged.

Free legal advice:

In case of slight deviations from payment schedules, bank employees remind the debtor of the unpaid loan installment by phone. If, after a telephone conversation, the borrower does not pay the loan debt, the case is transferred to the bank's security service. An unpaid loan can lead to litigation, fines and, as a result, an increased amount of debt.

In cases where the delay in payment is more than three months, more stringent measures may be applied to the citizen.

The choice of the measure that will be applied to the defaulter depends on the type of loan and its conditions.

The borrower's real estate can be used as collateral. In this case, the bank starts a lawsuit against the borrower. As the court practice for 2017 shows, in most cases the borrower's apartment or the money from its sale becomes the property of the bank.

If the loan was issued without collateral, then the court decision may be as follows: any valuable property sold will serve as compensation for the debt on the loan. And the main value for most people today is an apartment. In this case, bailiffs appear to the debtor in order to describe his property.

Free legal advice:

This entire procedure is most often carried out not by bank security officers, but by collectors.

Why do they transmit?

Banks transfer their clients' debts to collection agencies in order to improve the efficiency of their liquidation. The fact is that early transfer of debt to banks is much more profitable than solving this problem on its own.

By getting rid of bad credit, the bank reduces the unfavorable statistics.

Indicators such as overdue loans downgrade the bank's rating. This means that the bank will have much lower income.

Transferring debt to collectors relieves the bank from the need to collect it on its own, that is:

Free legal advice:

• keep a staff of lawyers;
• pay legal costs and state fees;
• control the entire process;
• monitor the actions of bailiffs.

The main benefit for a bank that has sold a debt to a collection agency is to receive real money immediately. In the case of an independent solution to the problem, the bank can easily lose money. For example, in cases where it turns out that the debtor does not have any property and does not officially work anywhere. The bank may never receive any money from such a debtor.

The bank transfers the debt to collectors on the terms of sale or for a commission, which can be up to 40% of the debt amount. In the event of a sale, the debtor will have to deal with a completely different creditor. Is this legal? After all, the bank should not disclose the secret of the deposit to third parties.

When drawing up a loan agreement, most bank clients study it superficially. And in many standard contracts it is spelled out that the borrower gives his consent to the transfer of data on the loan to third parties. Third parties in this case are collection agencies.

The boundaries of what is permitted

Collectors act professionally, they cannot be mistaken.

Usually, their actions take place in three stages:

1. Communication at a distance.
2. Oral and written threats.
3. Debtor contact.

Remote communication consists of calls to the debtor, letters and even SMS. At this stage, the debtor is reminded of the debt and asked to find a way to pay it. In parallel with these actions, the agency makes inquiries about the debtor, his true income, family and the reasons for the delay in the payment of the debt.

Free legal advice:

Then, simple communication is replaced by threats in the form of letters with notices of the seizure of all the debtor's property.

The actions of the collectors are so active that they can easily overstep all legal boundaries, for example:

• Use insults and obscene expressions in letters and SMS.
• Apply direct threats and physical pressure to the debtor.
• Demand an urgent inventory of all property or the transfer of the debtor's valuables to them.
• Call at night.

Reduction payments include multiple payments. Read more in the article.

Do collectors have the right to come home to the debtor?

Very often, the collector's visits to debtors are carried out in order to humiliate his dignity and tell the public about his debt. There are situations when they come to the debtor for work and find out the circumstances of the case there. Or after their visit, posters with demands to pay off the debt remain at the entrance or on the door of the debtor's apartment. Can you protect yourself from these actions?

From the point of view of the law

The legislation establishes the rights of collectors, with whom creditors enter into agency agreements to recover debts. According to Article 15 of Federal Law No. 353 on loans or consumer loans, collectors have the right to contact debtors. Namely, to call, come to an individual or legal entity that owes a loan.

Free legal advice:

The methods permitted by law include the following actions of collectors:

• Reporting a debt in writing or by phone call.
• Debt repayment demand.
• Submission of a claim to the court for debt collection.

On practice

As for the practical actions of collectors, they are not always legal. For example, constant calls with the threat of coming to the office or at home to the debtor of the capture group.

The debtor does not know how real these threats are, so they fall under the article of the Criminal Code "threat to life and health." A defaulter may actually be afraid of this threat, and therefore, if he goes to court, the collectors face imprisonment for up to two years.

During a conversation on the phone, the collector can elicit information from the debtor about his location, monthly real earnings, and close relatives. Thus, the collector acts illegally on the basis of Article 137 of the Criminal Code, which mentions the responsibility for the collection and dissemination of personal information.

As for the disclosure of information about the debt to third parties, this is a violation of the law on the protection of personal data.

Free legal advice:

If the collector comes to the debtor's home and demands to be admitted without the consent of the landlord, this can be regarded as illegal entry. And this is article 139 of the Criminal Code, violation of which can result in imprisonment for up to three months.

Complain!

When collectors operate in illegal ways, a citizen can file a complaint:

• through the Internet reception to the Central Bank of Russia;
• to the police;
• to the prosecutor's office;
• to Rospotrebnadzor.

A sample application to Rospotrebnadzor for the actions of collectors, see here:

To complain about illegal actions of the bank through the Internet reception to the Central Bank of Russia, you need to:

1. Go to the website of the Central Bank of the Russian Federation, choose an Internet reception, describe the situation with an indication of the law that was violated. For example, if bank representatives transferred information about their client to collectors, they violated the laws on bank secrecy, on the protection of personal data. In addition, the collectors also violate the rights of the debtor by committing various illegal actions.
2. Fill in your contact details and submit a complaint. A letter of acceptance of the complaint will be sent to the indicated e-mail address, which will be assigned a registration number.
3. After that, you need to do the same on the website of the bank that issued the loan, describing the whole situation exactly as in the complaint sent to the Central Bank of the Russian Federation and indicate its number.

After this letter, the illegal actions of the collectors in the form of intrusions, night calls, threats must stop. The central bank will certainly influence the collectors who have brought the need to proceed with the complaint.

If the complaint to the Central Bank does not work, you need to file a complaint with the district prosecutor's office. Here you should state all the facts and refer to the violated laws. In cases of illegal entry into the apartment or threats, you can contact the police.

The most effective method of combating illegal actions of collectors is a complaint to Rospotrebnadzor.

This department considers the activities of collection organizations illegal. Perhaps this is the most active organization, which often initiates legal proceedings and takes the side of the debtor.

In order to properly draw up a complaint to Rospotrebnadzor, it is necessary to indicate in it:

• your data (address and full name);
• the full name of the organization against which the complaint is being made;
• legal and actual addresses of the bank or collection organization.

To send a complaint, you need to go to the Rospotrebnadzor website, select the "complaints" item, and find the topic in the list: "Poor provision of services by the bank."

In the text of the complaint, you need to describe the situation in detail. For example, representatives of the collection agency (name) often come to their homes, work and call at night, threatening with brutal reprisals. It will be more effective if you attach a printout of calls and recordings of the conversation with the collector, where threats are clearly heard, to the text of the complaint.

How is the write-off of receivables displayed in tax accounting? See the article.

Thinking of starting a law firm from scratch? Be guided by this instruction.

Do collectors have the right to come home to the debtor?

Collectors are only allowed to call you on the phone.

They have no authority to come to your home or work, or to meet with you elsewhere.

Their rights are limited to phone calls and if they go beyond their rights, then you can sue them and even demand moral compensation.

They take too much on themselves and this is not surprising. After all, the bank will sell them unreceived loans and they need to somehow get their money back, so they take risks and go to different types of threats.

Half-bandits, extortionists, they can tread as much as they want at night, threaten tell everyone is at work, but that's all FICTION, do not pay attention, but write to the PROSECUTOR'S office a statement about blackmail, threats, extortion, the prosecutor's office must and is obliged to take action on a written complaint, you cannot not pay the loan, but you cannot threaten, intimidate and blackmail twice, let them file a lawsuit, it will reduce the amount of debt more than half.

You have entered into an agreement with the bank. This is, first of all, a loan agreement with a credit institution that has an appropriate license. accordingly, the bank can sell credit debt only to a credit institution. Collection agencies, as a rule, do not have a banking license and, accordingly, do not have the right to make claims for a loan, let alone come to your home. Further, the purchase of debts is the transfer of information about the loan and the borrower's data to the collection agency, a violation by the bank of the law on banks in terms of compliance with bank secrecy and the law on the protection of personal data. after all, you did not consent to the transfer of your data to third parties, and even more so did not give the collectors written consent to the processing of personal data. Therefore, we submit a complaint to the bank, prosecutor's office or court. The bank must notify you in writing about the transfer of your debt (no SMS, no calls). Only bailiffs can come home to you after a court decision. I have just such a situation now. I work with a law firm, so they told me so many of my rights. I speak briefly with collectors, i.e. I do not even speak, but I ask questions: name, name, legal address, license, reason for the call. If they answer, I say that I did not give my consent and hang up. But 99% of them hang up.

In general, collectors can come home to someone. But what they will do during the meeting is another question. They do not have the right to describe any property, insult or threaten with physical harm - it is also prohibited. So, they have the right to come home and just talk with the debtor, only within reasonable limits.

no one has the right to come to your home

They can come, but you are not obliged to open them. Collection activity consists in psychological pressure on the debtor. Moreover, their activities are illegal. legal - filing of an application by the bank with the court against the debtor to collect the debt. All other methods are illegal.

Collection companies are officially banned today! Therefore, if suspicious persons knock on the door, you can safely call the police, since this is extortion. Don't be afraid to defend your rights. Collectors are very cunning people who want to intimidate you. But if you know your rights, you can safely sue the company that came to blackmail you and demand funds or property in an illegal way!

Alexander(04/08/2014 at 10:26:06)

Dear Anonymous!

Ignore the collectors, do not call anywhere and in no case meet with them, do not let them in, do not open the door for them and do not pay them a penny. Warn them that you are recording their conversation, and you will contact the police on the fact of extortion and threats to your life and health.

Collectors can only sue you. And that's all. And then, only if the procedure provided for in Art. 382 of the Civil Code of the Russian Federation.

Do not talk to girls or boys or from a collection agency AT ALL, or follow the instructions below. One lawyer suggested it ... I DID IT Slightly

If collectors call you again, then you HARD, harshly and impudently, not allowing the speaker to say a single superfluous word, consistently ask:
- what organization he represents, where his office is located (city, street, house number, office number), its PSRN, TIN, when and by whom issued certificates of state registration, numbers of certificates of state registration;
- his position, surname, name and patronymic. If he names them, then ask how he can confirm his data and how he will certify ("and how can you prove to me right now that you are Ivan Ivanovich and really have a power of attorney"?);
- on what basis he applies to you, how and where he can show you his passport and his power of attorney to represent the interests of the bank, invite him to send you copies of these documents by e-mail or regular mail. If he (a) says that there is (at least some) agreement, then answer that with his agreement he can go to the toilet, you need a power of attorney that he has the right to represent the interests of the bank.
Do not answer any of their questions regarding your data and the data of your relatives, do not provide your place of work, address, and generally any information about yourself. Answer all requests to report (clarify, check, etc.): "When I have a legally binding obligation to inform you of something, then I will inform you, and then I would rather pay a fine than such I will execute the decision ".
Whenever you try to interrupt you, tell the caller harshly what you are saying now, and he should shut up (that's right !!!) and listen to you and answer your questions without saying a single extra letter. If he asks why he should be silent, answer: "It was you who invaded my privacy, not me. I establish the schedule on my territory. If you do not like this rule, then you go (exactly there)."
Whenever he tries to say something, say: (I don’t ask you where to contact me (or what else he will say there, I ask your full name, and how you can confirm them to me right now).
If he does not answer your questions on the second try, stop the conversation.
Say, as usual, that with all questions - to the court.
Do not let them go home under any circumstances and do not go anywhere except the court.
If you are stopped or some people come to your home, immediately call "02" and shout that you are being robbed.
Remember, in dealing with collectors, your trump cards are rigidity, arrogance and a demonstration of the absence of fear!

SUCCESS TO YOU.

I hope for your positive feedback.

• What if the collectors came to your home and do they have the right to do so?
• How to set yourself up for a visit to collectors?
• What to do if collectors came?
• Can collectors forcefully enter the house?
• What if the collectors are threatened?
• What if the collectors are polite?
• Should collectors pay money in cash?

What if the collectors came to your home and do they have the right to do so?

Recently, the work of the collectors has become much more active. This is facilitated by a difficult economic situation, for which many borrowers were not ready, especially those who had foreign currency loans in their hands. It became very difficult to pay off debts, and for some borrowers this problem turned out to be unbearable to such an extent that they stopped paying their creditors altogether. What to do if collectors come to the debtor's home, how to behave so as not to complicate an already difficult situation?

How to set yourself up for a visit to collectors?

If collectors come home the debtor was preceded by telephone conversations with them, you need to understand that they have already have some idea of ​​how the debtor knows the laws, whether it is easy to intimidate him, whether it is possible to quickly get him to pay off the debt.

Therefore, it is worth preparing thoroughly for the visit of uninvited guests. To do this, you just need to understand your rights and rights, which have collectors.

If in a telephone conversation collectors felt the legal weakness of the debtor, they will behave much more impudent, more self-confident and intimidating, trying to intimidate even more. You need to be prepared for the fact that experienced employees of collection agencies are able to apply various psychological techniques that help them effectively "knock out" debts. The debtor must be prepared to be intimidated. This is a common practice of dishonest part of employees of collection agencies.

What if the collectors came?

The main thing that the debtor should know is that he does not owe anything to these people. It is necessary to indicate to the collectors in their place. Do not let them on the doorstep. You don't even need to talk to them, this is your right guaranteed by law. It will not entail any liability for the defaulter. Communication with collectors is completely voluntary. Nobody should and has no right to force you to talk, especially the collectors.

If they pressure to pay off the debt, it could be considered extortion from the collectors. An exception is made in cases of a court decision that has entered into force. This means that only representatives of the executive service or bailiffs have the right to come to the debtor's home with a demand to repay the debt.

Can collectors forcefully enter the house?

If the collectors came , but the debtor does not let them into the house, they can try to force their way inside. If They do not succeed, they can start knocking, ringing the doorbell, shouting, demanding to let them in, threatening with reprisals and court proceedings. What make ? Pick up the phone and call the police. In this case, you need to indicate that to you came home unfamiliar faces, want to get inside and demand money. Your legal right not letting anyone outside the house is also preserved here.

Illegal attempts to enter the house are regarded as an administrative and sometimes even a criminal offense. It may be that already at this stage collectors they will leave you alone when they hear that you are calling the police.

What if the collectors are threatened?

Threats from collectors must be stopped immediately. Stop all conversations with them, close the door if they come to your home. Every citizen, even if he has huge debts, has the right to a cultural attitude towards him.

Debts, no matter how large they are, are not a reason for rude treatment, threats and attempts at physical pressure. There are legal methods to resolve the issue of paying off debts, which should be applied in this case. Continuous threats are a reason to call the police to your home, which in this case will be on the side of the debtor.

How collection agencies work

What if the collectors are polite?

In this case, you can listen to them (this is your right, if you wish!). After that, express your thoughts. In any case, you need to keep a record of the conversation, and be sure to warn the collectors about this.

Ask to show the documents with which they have the right to demand a debt repayment.

They must present:

• identity document;
• collection agency employee document;
• loan agreement (original or certified copy), according to which there are claims against you personally;
• an agreement for the assignment of debt by the bank, which gives them the right to claim the debt.

It must be remembered that the debtor has the right to be informed against signature of the bank's decision to sell the defaulter's debt to a collection agency.

Take the time to photograph all documents. Even if they are not needed, it can have a psychological effect on the employees of the collection agency.

Should collectors pay money in cash?

The collectors do not have the right to take money from the debtor, and the debtor, in turn, should not repay debts in this way. It will be very difficult to validate this action correctly. Only the transfer of debt to the account of the bank from which the loan was taken is the correct repayment of the debt, or to the account of the collection agency, if the bank sold the loan with the assignment of the debt. You can personally deposit money in the bank, and thus pay off all or part of the debt, while receiving a receipt for payment.

Collectors are often associated with violence and harsh psychological pressure, so their visit home can seriously scare the debtor. But it is important to know that after the adoption of the new law, the rights of this structure are significantly limited and they can no longer uncontrollably call and lie in wait at home.
In this article, we will look at how to act if collectors still appear on the doorstep.

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○ Legislative regulation of collection activities.

The actions of collectors are governed by the Federal Law "On the Protection of the Rights and Legal Interests of Individuals ..." dated 03.07.2016 No. 230-FZ (hereinafter referred to as the Law on Collectors). After the adoption of this law in early 2017, the rights of this structure were significantly limited.

Now the implementation of collection activities is possible only with an appropriate license, which can be easily verified via the Internet.

A legal entity acquires the rights and obligations provided for by this Federal Law for a person carrying out activities for the return of overdue debts as the main type of activity included in the state register, from the date of entering information about it in the state register and loses such rights and obligations from the date of exclusion of information about a legal entity from the state register, unless otherwise provided by this chapter.
(Clause 1, Article 12 of the Law on Collectors).

Also, the law regulates the number of calls, messages and other means of communication that can be used by claimants. Any violations are the basis for the debtor's complaint to the relevant structures.

○ What rights do collectors have?

The main right of this structure is to verbally inform the debtor about the need to pay and the amount of debt. Information can be provided in different ways, which are regulated by Article 7 of the Law on Collectors.

In accordance with this law, any interaction with the debtor must be carried out from 8:00 to 22:00 on weekdays and from 9:00 to 20:00 on weekends and holidays. If the claimant and the debtor are in different time zones, the time is set at the place of residence or stay of the latter.

✔ Calls.

In accordance with paragraph 3 of Article 7 of the Law on Collectors, the number of calls should not exceed:

• Once a day.
• 2 times a week.
• 8 times a month.

Each phone call must begin with the provision of information about the caller (full name) and the name of the collection agency that he represents.

✔ Meetings.

A home visit is an extreme measure of communication with the debtor if other methods do not work. In this case, the claimant must have evidence of preliminary attempts to communicate by telephone or letters, as well as attempts to make an appointment on neutral territory. An unannounced visit is illegal, so you have the right to simply not let a visitor into your home.

✔ Post or email messages.

Collectors can also send mail, email, and messages to the phone. Their number should also not exceed once a day, twice a week and eight times a month.

All types of messages must indicate the details of the collector, and the letters sent must be written in a clear legible handwriting.

○ How to behave if collectors are on the doorstep?

Since the main method of influencing the debtor is psychological, the appearance of the claimant at the door should not be a surprise. In this case, it is important to act correctly in order to prevent further attempts of unauthorized visits.

✔ Can the debtor not open the door and not let the collectors into the apartment?

The debtor's house is his private property, the protection of which is regulated by Art. 35 of the Constitution of the Russian Federation. Therefore, you have every right not to let the claimants into the house if you do not want to communicate with them. Any attempted forced entry into the home will be considered a violation of the law.

✔ Inventory of the debtor's property by collectors.

The inventory of property can only be made by bailiffs within the framework of enforcement proceedings on the basis of a valid court order. Therefore, the actions of collectors of this nature are also illegal and violate the right to private property.

✔ Audio and video filming of collectors.

If the collector nevertheless entered the house, despite your objections, you must immediately turn on the recording of his actions. These materials can be further used in court as evidence of the illegality of the actions of the claimants.

✔ Contacting law enforcement agencies.

If you see that the collector that appears on the threshold does not respond to your objections and attempts to enter the house, you should immediately call the police. Even if the claimant immediately left after the call, you should not cancel the call. The written protocol will also help to defend yourself in court if necessary.