What does a collection service do and how does it work? License for banking operations Which collection agencies are licensed list

At the moment, the growth in lending to the population observed in recent years continues in Russia. According to the Bank of Russia, since the beginning of 2013 it has amounted to 21.5%. At the same time, during this period the share of overdue debt in the total volume of loans granted to individuals increased from 4 to 4.5%. In this regard, collection agencies – commercial organizations specializing in debt collection – are becoming increasingly important.

As noted by the President of the Association of Russian Banks Garegin Tosunyan, in 2012, banks sold approximately 45% of citizens' overdue debt through collection agencies. According to his assessment, by the end of 2013 the share of sales to collectors will also reach the level of 40-45%. At the same time, banks most often cede debts on unsecured consumer loans to collectors, since the value of each of them is small relative to the costs of independent or judicial collection.

However, if in the West the activities of such companies have a long history and are fairly well regulated (for example, in the USA the Fair Debt Collection Practice Act has been in force since 1978), then in Russia it does not yet have proper legal basis. The result of this is systematic complaints from citizens about the actions of collection agencies to regulatory and supervisory authorities, contradictory judicial practice and, finally, dissatisfaction of the collectors themselves with the negative image that has developed in society.

The main problem is that all participants in the relevant legal relations are forced to be guided by extremely disparate provisions of civil and banking legislation, norms in the field of consumer protection, which were initially adopted without taking into account this service market and do not allow today to regulate it unambiguously and comprehensively.

Collection agencies are best known for their activities in collecting debt on loans. However, it is worth noting that they also deal with debts for housing and communal services, telecommunications services, verification of collateral, and debt consulting. There is also a separate direction - corporate collectors who specialize in the debts of organizations.

Simple theory

As part of their activities aimed at debt collection, collection agencies and banks are directly or indirectly guided by the provisions of such regulations as: ; Federal Law of July 27, 2006 No. 152-FZ (hereinafter referred to as the law on personal data); Federal Law of December 2, 1990 No. 395-I (hereinafter referred to as the law on banking activities); Law of the Russian Federation of February 7, 1992 No. 2300-I (hereinafter referred to as the law on the protection of consumer rights), Federal Law of December 30, 2004 No. 218-FZ; Federal Law of July 27, 2006 No. 149-FZ, Federal Law of October 2, 2007 No. 229-FZ (hereinafter referred to as the law on enforcement proceedings). These companies and their officials are liable in accordance with and.

It is worth keeping in mind that collection agencies are commercial organizations with general legal capacity and do not have any special legal status or authority. The activities of collectors themselves are not licensed, these companies are not accredited, and their services are not standardized. The tools for resolving disputes and conflict situations for collectors are the same as for other citizens and organizations: courts, law enforcement agencies, claims work and negotiations.

Today, collection agencies, to carry out their professional debt collection activities, use two main forms of cooperation with banks:

Supreme Court of the Russian Federation

Takes a similar position Supreme Court of the Russian Federation(Plenum of the Supreme Court of the Russian Federation dated June 28, 2012 No. 17 “On the consideration by courts of civil cases in disputes regarding the protection of consumer rights”):

Violation of bank secrecy, which inevitably accompanies the execution of an agreement for the assignment of the right of claim under a loan agreement, testifies to the invalidity of such an agreement due to its nullity, as contrary to the law based , . This position is set out in the Appeal Ruling of the Omsk Regional Court dated July 24, 2013 in case No. 33-4848/2013, the Moscow City Court dated February 28, 2013 in case No. 11-6511/13; Appeal ruling of the Supreme Court of the Republic of Buryatia dated April 1, 2013 in case No. 33-956; Appeal ruling of the Supreme Court of the Republic of Buryatia dated June 5, 2013 in case No. 33-1685; Appeal ruling of the Ryazan Regional Court dated August 14, 2013 No. 33-1744.

The change of person in the obligation associated with the assignment, among other things, does not allow the debtor to exercise his right to raise against the claim of a new creditor who is not the provider of the banking service, the objections that he had or could have against the original creditor - the bank (Vologda Regional Court dated June 8, 2012 No. 33-2265/2012). Also, a number of courts note that, within the meaning of the norms of the Civil Code of the Russian Federation, compliance with bank secrecy is one of the criteria for the quality of the corresponding financial service provided by the bank to the consumer. In this regard, the assignment of the right of claim in consumer relations, if possible, is only in a situation where the new creditor is a bank, obliged, like the original creditor, to provide high-quality service to the consumer client, including in compliance with bank secrecy (Appeal Definition of the Zabaikalsky Regional Court dated July 2, 2013 in case No. 33-2370-2013).

However, in the practice of courts of general jurisdiction, the opposite position is also found. Thus, the Appeal Ruling of the Rostov Regional Court dated July 30, 2013 in case No. 33-9559/2013 states that the subject of the assignment is the right to claim debt collection, and not bank secrecy as such. The obligation of the new creditor to ensure the confidentiality of information constituting bank secrecy, in this case, follows not from the concluded assignment agreements, but from imperative requirements and. This obligation is a public law obligation that is outside the scope of the concluded assignment agreement, and therefore the conclusion of agreements for the assignment of rights (claims) could not violate the rights and legally protected interests of the borrower. If, as a result of the assignment, information related to bank secrecy was disclosed, the borrower has the right to protect his rights in the manner prescribed by law (,).

According to the court, the current legislation does not establish any restrictions when concluding an agreement for the assignment of rights of claim arising from a loan agreement; non-compliance with the requirements of the legislation on bank secrecy does not affect the resolution of the issue of the validity of the transaction for the assignment of rights under the loan agreement. At the same time, having found no evidence that the identity of the creditor is of significant importance for the debtor when fulfilling the terms of the loan agreement on repayment of debt and payment of interest, the court found that there were no grounds for declaring the agreement for the assignment of rights (claims) void. A similar position is also reflected, for example, in the Ruling of the Perm Regional Court dated April 29, 2013 in case No. 33-4023-2013, the Perm Regional Court dated April 1, 2013 in case No. 33-3058, the Appeal Ruling of the Supreme Court of the Chuvash Republic dated June 17, 2013 in case No. 33-2047/2013).

Thus, as a rule, courts of general jurisdiction, on the grounds stated above, refuse collectors to collect debts from citizens under loan agreements who did not consent to the assignment of the right of claim to an organization that does not have a license to carry out banking activities. Also, when the relevant question is raised before them, they recognize the relevant assignment agreements as void due to a violation of bank secrecy.

Supreme Arbitration Court of the Russian Federation

The most liberal attitude towards the institution of collection is Supreme Arbitration Court of the Russian Federation:(Presidium of the Supreme Arbitration Court of the Russian Federation dated October 30, 2007 No. 120; Presidium of the Supreme Arbitration Court of the Russian Federation dated September 13, 2011 No. 146). His position is as follows:

1. Current legislation does not contain rules prohibiting the bank from assigning rights under the loan agreement an organization that is not a credit institution and does not have a license to engage in banking activities.
2. The assignment of the right of claim under a loan agreement is not one of the banking operations specified. From this norm it follows that it is mandatory to have a license only to carry out activities of issuing loans at the expense of raised funds. With the issuance of a loan, the licensed activity of the bank is considered completed. Neither the law nor contains regulations on the possibility of exercising the rights of a creditor under a loan agreement only by a credit organization.
3. Request for repayment of a loan issued to an individual under a loan agreement , is not one of the requirements inextricably linked with the identity of the creditor.
4. To transfer the rights of a creditor to another person, the consent of the debtor is not required, unless otherwise provided by law or agreement (). At the same time, there is no rule in the legislation that would establish the need to obtain the citizen’s consent to assign to a credit organization the claims arising from the loan agreement.
5. Assignment of claims arising from the loan agreement, does not violate bank secrecy regulations, since the collection agency and its officials are legally liable for its disclosure (including in the form of an obligation to compensate the borrower for damage caused by the disclosure of bank secrecy).
6. When assigning a claim to repay a loan (including when the assignee does not have the status of a credit organization), the terms of the loan agreement concluded with the citizen do not change, his position does not worsen (and), guarantees provided to the citizen-borrower legislation on consumer protection are preserved.

The specifics of consideration of such cases by arbitration courts, as a rule, are associated with banks challenging Rospotrebnadzor decisions to bring them to administrative liability for (inclusion in the contract of conditions that infringe on consumer rights). At the same time, Rospotrebnadzor holds banks administratively liable based on its legal position, the position of the RF Armed Forces and the courts of general jurisdiction described above. Arbitration courts are guided by explanations of the Supreme Arbitration Court of the Russian Federation that are completely opposite to them in essence.

As a result, in the vast majority of cases, decisions are made in favor of banks, and therefore collectors(Third Arbitration Court of Appeal dated June 4, 2013 in case No. A33-20408/2012, Fourth Arbitration Court of Appeal dated May 15, 2013 in case No. A19-739/2013, Fifteenth Arbitration Court of Appeal dated August 23, 2013 No. 15AP- 11120/2013 in case No. A53-6905/2013, Resolution of the Twentieth Arbitration Court of Appeal dated December 27, 2012 in case No. A68-6484/12, Sixth Arbitration Court of Appeal dated June 27, 2012 No. 06AP-2276/2012 in case No. A04-1523/2012).

Also, arbitration courts, when considering applications to appeal Rospotrebnadzor decisions on bringing banks to administrative liability for (failure to provide consumers with information about services), in a number of cases, note that the bank is not even obliged to notify the debtor about the planned or actual conclusion of an agreement for the assignment of the right to claim under the loan ( Resolution of the Seventeenth Arbitration Court of Appeal dated September 3, 2013 No. 17AP-8820/2013-AKu in case No. A60-16262/2013)

Despite this, arbitration courts actively side with Rospotrebnadzor (as well as Roskomnadzor) in matters related to indications in loan agreements conditions on the borrower’s consent to the bank’s transfer of his personal data to third parties for the purpose of collecting overdue debts (the same Code of Administrative Offenses of the Russian Federation applies). As the courts note, a citizen must be able to make an independent decision whether to consent to the transfer of personal data to third parties or to refuse. Moreover, such consent must include the necessary details, in particular, to whom exactly information about personal data can be transferred, what information about the borrower will become known to third parties, the validity period of such consent, the procedure for its revocation, etc. (Sixth Arbitration Court of Appeal dated October 17, 2012 No. 06AP-4042/12).

The courts note that banks, as a rule, use standard accession agreements that do not contain such information, and the consumer does not fill out a special statement of consent to the processing and transfer of personal data to third parties. In this regard, according to the courts, the said condition of the contract is actually mandatory and does not represent a right of choice. If it is excluded, the contract will not be concluded with the citizen, which violates consumer rights and contradicts the Constitutional Court of the Russian Federation of February 23, 1999 No. 4-P, which states that the citizen is an economically weaker party and needs special protection of his rights, which entails the need to limit the freedom of contract for the other party, i.e. for banks (Ninth Arbitration Court of Appeal dated August 30, 2013 No. 09AP-25306/2013, Ninth Arbitration Court of Appeal dated August 19, 2013 No. 09AP-24400/2013 ).

In addition, some arbitration courts partially agree with courts of general jurisdiction and note that in order to assign the right of claim to collectors, the terms of the loan agreement must indicate that we are talking about an organization that does not have a license to carry out banking activities. Otherwise, this is a violation of the consumer’s right to receive necessary and reliable information about the product (work, service) being sold (Fourth Arbitration Court of Appeal of August 2, 2012 in case No. A19-5360/2012).

Thus, as a rule, arbitration courts, on the grounds stated above, recognize the legal assignment of the right to claim under loan agreements to collection agencies. At the same time, the terms of loan agreements on the borrower’s consent to the transfer of his personal data to third parties, as a rule, are recognized as violating consumer rights.

Question for a lawyer:

Can the bank not inform the borrower about the assignment of rights of claim to another credit institution? Can the right of claim be transferred to a person who does not have a license to carry out banking activities?

Lawyer's answer to the question:
Maybe. In this case, if you pay the debt to this bank, it will be the bank’s problems, not yours.

On the second question - maybe, if this was agreed upon when concluding the loan agreement.
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Lawyer's answer to the question: banking license
No, I am obliged to report (Article 385. Evidence of the rights of the new creditor.

1. The debtor has the right not to fulfill an obligation to a new creditor until he is provided with evidence of the transfer of the claim to this person.). Theoretically, this happens when cases are transferred to collection firms.
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Lawyer's answer to the question: banking license
obliged to notify you
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Does OJSC First Collection Bureau have a license to carry out banking activities??? As far as I have heard, the agreement...

Question for a lawyer:

Does OJSC First Collection Bureau have a license to carry out banking activities??? As far as I have heard, an agreement on the assignment of rights of claim by a bank can only be concluded with an organization that has such a license...

Lawyer's answer to the question: banking license
no, such an agreement can be concluded with any person (legal, individual or individual entrepreneur)
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Can an organization (OJSC) that does not have a license to carry out banking activities issue a loan secured by...

Question for a lawyer:

Can an organization (OJSC) that does not have a banking license issue a loan secured by real estate?

Lawyer's answer to the question: banking license
Hello! An organization (any organization, not just JSC) that does not have a license to carry out banking operations does not have the right to issue a loan. You can formalize the relationship with a loan agreement.
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Is a collection agency required to have a banking license?...

Question for a lawyer:

Hello! Please tell me, does the bank have the right to sell a loan agreement (agency agreement, assignment agreement) to a collection agency without my consent? Is a collection agency required to have a banking license? Thank you!

Lawyer's answer to the question: banking license
Yes, he has the right.
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Can a bank transfer a loan debt to an organization that does not have a license to carry out banking activities...

Question for a lawyer:

Good afternoon. Can a bank transfer a loan debt to an organization that does not have a license to carry out banking activities?

Lawyer's answer to the question: banking license
Maybe, if it is stipulated in the loan agreement
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What other information needs to be found for a bank to lose its banking license?...

Question for a lawyer:

Does JSC First Collection Bureau have a license to carry out banking activities?

Lawyer's answer to the question: banking license
There is no license and there shouldn’t be, this is not a credit organization.
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Lawyer's answer to the question: banking license
Hello! JSC First Collection Bureau does not have a license
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The bank where I took out a loan had its license revoked. According to the agreement, I was supposed to be provided with information within a month... Question to the lawyer: The bank from which I took out a loan had its license revoked...

Did activities related to the legal regulation of public relations take place in this case?... Question for a lawyer: The director of Yantar LLC, Maklakovsky, issued an order in which he established:...

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And one more thing - which government body supervises the activities of insurance companies?... Question for a lawyer: My wife received group 2 disability, the insurance company asked for a bunch of all kinds of documents...

How to pay a loan to a bank with a revoked license, the money was returned twice... Question for a lawyer: How to pay a loan to a bank with a revoked license, the money was returned twice. What afterbirth...

What is a collection agency

Collection agencies, in general, existed before - back in the 90s, such activities were an integral part of racketeering. Modern methods of doing business, fortunately, do not accept such harsh measures on people as they did in those days, so today's “tax collectors” come to you in formal suits with a whole bunch of documents.

Collection activities are based on the possibility of transferring the right of claim under a debt obligation. In simple terms, the person or bank to whom you owe money can sell its right to claim it to a third party. In this case, almost any subject of civil law can act as a creditor, but often it is banks that are inextricably linked with collection services.

How do such organizations make money? First of all, due to the difference in the sale price of the obligation and its total amount. That is, the bank, trying to somehow satisfy its interests, sells the right of claim for less than the person actually owes it.

But this is not the main source of income for such companies. The main source of income is payments on overdue obligations. At the same time, some organizations also commit illegal actions - they increase and modify the interest rates of an existing agreement, although according to the norms of the Civil Code (Chapters 24, 43, 51), the collection service has the right to present its claims to you only within the framework of existing agreements and obligations. Changing these agreements unilaterally is impossible.

Legal status of the collection service

Until July 2016, the work of collectors was not regulated at the legislative level. However, on July 3, 2016, the law “On the protection of the rights and legitimate interests of individuals when carrying out activities to repay overdue debts...” No. 230-FZ was signed and immediately came into force, eliminating this legal gap.

Now all collection services must be registered in a specialized register - this is a mandatory condition, without which such organizations do not have the right to engage in pre-trial debt collection, either under a contract for the transfer of the right of claim, or as agents.

Before the advent of the law regulating the activities of collectors, its functions were performed by decisions of the highest courts. The first clarification of this kind was given by the Presidium of the Supreme Arbitration Court (hereinafter referred to as the SAC) in 2007 - in letter No. 120, which states that the transfer of obligations to a legal entity that does not have a license does not contradict current legislation. This position was confirmed in 2011 in letter No. 146.

In opposition to such decisions of the Supreme Arbitration Court, Rospotrebnadzor spoke out, which in 2011 commented on letter No. 146. The service points out that banks have no grounds for transferring the right of assignment without the consent of the debtor if the agent is a non-banking organization. This follows from the fact that, according to the law, the identity of the creditor and his status, which is confirmed by licenses, are essential for the debtor. After all, a person expects that his financial future is in the reliable hands of professionals, and not employees of an incomprehensible “sharashka office”.

The Supreme Court also expressed its opinion, which in the resolution of the plenum (No. 17) in 2012 indicated that in relation to loan agreements and individuals, the transfer of the right to demand repayment of obligations is prohibited.

How debt collectors work - the main methods of putting pressure on a debtor

There are 3 types of interaction with the debtor:

1. Soft.
2. Hard.
3. Legal (judicial).

In the first case, remote communication channels come under attack. A person is bombarded with mountains of messages and calls with requests or demands to resolve the situation without conflict.

Don't know your rights?

Further, if the situation is not resolved, collectors move on to the second stage, taking more stringent measures. They can resort to personal meetings, coming to a person’s home, work, school, etc. In this case, an explanatory conversation takes place, the purpose of which is to remind them of existing debts and the need to pay them off.

IMPORTANT! Collectors rely on psychological pressure when conducting such events. A person may then feel backed into a corner and forced to pay off debts.

If this does not help, such organizations proceed to the third stage, which involves legal proceedings. The debtor is forced to spend additional money hiring a lawyer, and the consideration of cases takes a lot of time.

IMPORTANT! The use of these methods was possible until July 3, 2016, while the new law clearly regulates the procedure for interaction between the collector and the debtor. In particular, no more than 2 telephone conversations and no more than 1 personal meeting per week are allowed. Moreover, all calls must be made strictly between 8 am and 10 pm on weekdays and from 9 am to 8 pm on weekends.

In addition, to communicate with relatives and colleagues of the debtor, the latter’s consent is now required - otherwise the actions of the collectors will be considered unlawful.

How to resist debt collectors

The easiest way to rid yourself of communication with debt collectors is to refuse it. Now the debtor has such a right, and he can exercise it by drawing up a refusal in writing and having it certified by a notary. From the moment the document is transferred to the collection service, its representatives are obliged to refrain from any means of interaction with the borrower.

If collectors still continue to harass the debtor with calls or personal meetings outside the limits established by law, there are 2 methods of counteraction:

• contact law enforcement agencies with a statement about unlawful actions of debt collectors;
• file a lawsuit yourself.

When choosing the 2nd option, it is necessary to demand from the judge to limit such actions on the part of agency representatives as constant calls, messages, personal contacts - this can be regarded as exerting a psychological influence on you. When setting out your demands, you should rely on Law No. 230-FZ, which prohibits the use of mental and physical pressure, as well as on the explanations of the Supreme Court of the Russian Federation and Rospotrebnadzor listed in the article in the part where it is indicated that it is impossible to transfer the right of claim to a non-banking organization.

A professional collection service always tries to act on the edge of the law, without violating the rules of law on putting pressure on the debtor, but there are also organizations that do not shy away from using methods that go beyond what is permitted. If you have opened legal proceedings, the purpose of which is to recognize the demands of collectors as illegal, then their activities until the announcement of the decision fully fall under Article 163 of the Criminal Code of the Russian Federation (extortion). In this case, measures of mental influence include calls and harassment at the place of work and residence.

IMPORTANT! The court's decision will depend on the methods of interaction chosen by the collectors and the legality of their demands. If you really have debts and the agency representatives were extremely nice and courteous to you, the court may be inclined to favor the agent's claims. In a lawsuit, it is worth insisting on the impossibility of transferring such a set of rights to non-banking organizations, but in the end everything will depend on the judge and his interpretation of existing norms.

A young girl, who by the will of fate ended up in a collection agency, shared her impressions and talked about the methods of debt collection. Without censorship, without embellishment. Working as a collector as it really is.

Three years ago I had the opportunity to work in one of the most hated jobs. Some people hate them even more than traffic cops - debt collectors.

I ended up in one of the most famous agencies by accident. Then I was in a long and grueling job search, and a friend told me that telephone operators were needed near our home. She didn’t know what kind of company it was, she didn’t want to go there herself - she was only looking for work in the restaurant business.

Well, what am I, I need any job, especially since I had experience working in a call center; at the age of nineteen I worked for a short time at the Unified Help Service.

I called and was immediately invited for an interview that day. The standard huge business center building was a ten-minute walk from my house, and I was surprised that I had not paid attention to it before. On the first floor I was met by a long-legged blonde - I was instantly intimidated.

I was taken into a meeting room and handed a questionnaire on a billion sheets - in reality, this stack of sheets could kill a person. For twenty minutes, I, sweating and drinking all the water from the cooler, answered the most idiotic questions, for example: “What will you do if you see that a child’s ice cream has fallen?” I answered with humor, so I emphasized that “I would laugh and run away.” Having filled out the form, I looked through the curtained windows and began to wonder where I had ended up.

The door opened and a guy came in - he looked a little older than me. I smiled at him, but he did not respond to my ingratiating grin. Well, to hell with it.

He sat down opposite me and asked, “Do you know what we do?” I shook my head, and a hail of words that were incomprehensible to me then poured out at me: collection agency, collection, assignment, “bi tu si,” “bi tu bi.” I myself have never taken out a loan in my life; for me it was all far away and incomprehensible. But I sat and nodded with the most intelligent look, the work was desperately needed. As the head of the Department explained to me - it was him - collection is made from both individuals and legal entities. They needed a specialist to work with the physical.

He was briefly interested in my work in the call center, but at the end of our conversation he said the phrase that all job seekers hate: “We will call you back.” Translated, this usually means: “Fuck you, my dear.”

In general, I didn’t hope for a successful outcome of the interview, and the next day my friend and I went to the city to drink and celebrate her birthday.

I was driving when my phone rang. I slipped it to a friend - I never pick it up if they call from an unfamiliar number. She had a nice chat with someone, and then told me: “Tomorrow you are expected to go to training in that sharaga where you went yesterday. By the way, guess what, they need a dress code.”

We will make bastards out of you...

The next day, I, beautiful and clean, entered the training room.

The first phrase that the methodologist said when we sat around her was: “And now we will make bastards out of you.” Everyone laughed, but she didn't even smile. As it turns out, she wasn't joking at all.

For five days we were taught moral pressure, we were taught how to threaten life and health - veiledly, in case the debtor reports to the police. By the end of the fifth day, exactly half of the thirty people remained. We passed the test and were told to start the next day, at seven in the morning. By the end of the last day of training, we were firmly convinced that debtors are evil, debtors are not people, they are a tumor on the body of society and they must be destroyed. Even if it’s just morally.

The first working day began at seven in the morning. I was angry and dying from lack of sleep, and listening to our newly-minted leader, I had a desire to roar and run home. For the first three days we were not allowed to call, but were taken to different floors and allowed to listen to the conversations of already seasoned collectors. As we were told, a group of so-called VIPs settled on the fifth floor. Their conversations and wild yelling gave goosebumps, and their bonuses for recovery started at one hundred thousand. They collected several million monthly, and even the group leaders spoke to them in whispers. I was put with one of them - he was studying, his surname was sonorous - Tarakanov. And his eyes were like cockroaches - small, angry and black. He took off his headphones and stared at me

Why are you here? - he asked instead of greeting.

Well, because work is close to home,” I mumbled honestly, and he chuckled smugly.

“And I’m here to make money,” he said solemnly and seriously. - Now look how it’s done.

He clicked the mouse and the number began to be dialed through a special program. Through the double headphones I could hear the entire conversation, and I heard the man answer on the other end of the line. Scared in advance.

Mishanya, do you recognize me? -

During training, we were told that introducing ourselves is mandatory. Apparently, this rule did not apply to VIPs. Tarakanov lounged on his chair and winked at me slyly.

It's me again. Will we have to pay back the debt, Mishanya?

Yes, I... it... didn’t find the money...

What? Have not found? Mishanya, you personally promised me that the money will be today, do you understand? Do you understand that you have already started stealing my salary? Not only did you rob the bank, but you’re also robbing me? That's it, Mishan, get ready. They came to see you.

I paid for everything today...

I said, we're coming for you! - Tarakanov barked, and I jumped up in my chair. Those sitting nearby took a break from their work with pleasure - apparently, such performances were often held here. Tarakanov slightly moved his headphones and said to the side:

So, Lech, did you take a soldering iron? Do you have an iron with you?

His manager nodded with satisfaction, and his colleagues burst into laughter. Tarakanov was openly amused, but the unfortunate man, as we later saw, from some village, clearly took his words at face value. Looking ahead, I will say that the debtors were different - someone adopted this manner of conversation and also had fun chatting with us, usually those who had already tried the methods: “fuck you,” etc. They answered: “ Yes, yes, I’m waiting for you, I’ve already prepared my ass for the soldering iron.”

I was shocked by Tarakanov’s conversation. I felt like I was in a bad joke about the 90s - a soldering iron, an iron. I wanted to run away again, but the thought of new endless interviews stopped me, and the hot coffee that we were treated to during the break completely won me over. I stayed.

Team

By the way, our group was fun. There was a gay guy who had previously worked as a bailiff, a typical, caricatured gay. Yes, yes, that same p**or collector :) But he was a sweetheart, you could always borrow polish from him if a crease appeared on your tights, and he always treated his colleagues to something tasty. I remember his phrase said to one debtor, over which we laughed for a long time: “Not “give”, but “give,” and in general I don’t give to anyone,” said in his mannered voice.

There are debts that the bank transfers for temporary use under an agency agreement - we were forbidden to “make gestures” about such things, because in fact we were negotiating on behalf of the bank, and they need to preserve their reputation. The debts that the bank sold were called assignment debts; they belonged personally to the agency, and with these debtors it was allowed to deviate from the regulations.

Negotiations with some of them have been ongoing for more than a year, and, of course, they have led nowhere. People had debts five years ago, many of them had already forgotten about the refrigerator/phone they had once taken on credit, and frankly did not understand what they were talking about.

By the way, I’ll explain one banking scheme: you take out a loan and repay it in good faith. The last payment remains - you sigh with relief, paying it off. But it happens that there is a microscopic debt left on the account - ten rubles, for example, an ATM charged a commission.

The bank to which you are paying the loan will never notify you about this, and fines and penalties will continue to accrue on this tiny amount, which after three years reach almost half of the loan amount you paid. Therefore, if you have closed a loan, write an application so that you will be given a certificate of full repayment of the debt, so that you can then shove it under the noses of such collectors.

After my work there, my mother also finally closed her loan, and I, like Cerberus, made sure that the certificate was issued. In general, working there completely discouraged any desire for loans, when one day all the money simply ran out, and my salary was far away, I sold my phone. A friend says, what a fool, I always take out microloans before payday and that’s fine. Fuck it, honestly.

I really felt sorry for the debtors...

The debtors, as I said, were different. Some were really in a difficult situation, some I really felt sorry for.
I couldn’t help but say something about money to the debtor’s mother, whose little daughter died and he lost his job. I mumbled something and hung up. By the way, I learned how to collect as collectors knew how, for which our manager constantly scolded me. Then I was transferred to another department, where there was only work with documents - more on that later.

One day I called a guy and said: “Are you Evgeniy Petrovich?” He says: “Yes, it’s me, but I’m dead and I won’t give you the money.”

What? - I didn’t get it.

And look at the documents. There's my death certificate.

I open a tab with his documents: actually, the death certificate of the debtor. I couldn't find anything stupider than asking:

Will you pay?

How can I pay, I’m dead? - he asked reasonably, and I felt both funny and creepy. I came across this man many times during my work, and he either pretended to be dead, or said that he was the debtor’s brother, but the debtor left. The comments from colleagues contained only perplexed phrases: “the debtor is dead, but he’s talking.”

By the way, in the comments we were forbidden to write, for example, that the debtor was drunk or crazy, since this required a medical examination.

Once I came across a comment: “the debtor is just an asshole,” although they said that this specialist was then seriously fucked up. Although the debtor really was an asshole. There were some like that. These were those who took out a loan and simply gave up on it, confident in their complete impunity.

“I don’t want and I don’t cry,” they said, and they had no other arguments. Usually they suffered the least with such people - less than a year, and submitted the documents to the court.

About the methods of moral pressure: we did everything. For example, a conversation with a debtor with many children:

Will you pay? You have loan debts.

What loan? - the fucked-up woman yells at the end, unaware of the catch. - I lost my job, I don’t even have anything to feed my children!

Did you know that our conversations are recorded? - the collector insinuatingly asks. - Don’t have anything to feed the children? The conversation will be listened to by the guardianship authorities. Let them decide whether to keep your children or not.

The woman is completely lost.

That's not what I wanted to say...

Or a man:

Do you know where I work?

The place of work indicates that he works in the authorities.

Do you value your work? Well then, your superior manager will be interested to know that he has an unscrupulous person under his command. You are a disgrace to the honor of the uniform.

We were taught to look for the maximum weak points of debtors. Children? Put pressure on children. Elderly parents? Put pressure on parents.

The hidden threat to life and health looked like this: “Aren’t you afraid to leave the house? It’s slippery on the street, you can slip and break your leg.”

One girl from our group, who was sent from the VIPs, used the same technique: “Look out the window, you subhuman. Do you see a black car standing there? It’s behind you. He went out and sat there, they will talk to you.”

I noticed that the best people to morally destroy debtors were those who looked like a sullen fifth-grader. There was a guy named Khrushchev, a puny little blonde with naive blue eyes and an always frightened look, but with a very low voice. And in this voice he growled into the phone: “On your knees in front of me you will beg for forgiveness, I understand, you bastard. On your knees, I said!”

He collected debts of one and a half million monthly, but if any of his interlocutors had seen him, they would have simply spat in his face.
But there were few of them.

Psychologically it was sometimes unbearable. One day I was listening to the conversation of the best of our group, and when he asked for the debtor on the phone, the crying woman said:

You freaks, this is my son, he hanged himself yesterday because of your calls! We're having a wake in our apartment!

So the debtor died? - the colleague was not at all embarrassed. - Do you know that now you will pay off the debt?

It is illegal to collect from relatives, and even more so from neighbors, but few people cared about this. There was a guy who managed to get the debt paid by a former colleague of the debtor, who contributed that stupid three thousand, only to get rid of him. How his phone got into the database is a different story.

When we started work, we all signed an agreement on the complete secrecy of our job duties. We were forbidden to tell even our relatives the slightest detail about the work, and we were required to take off the badge with the name of the agency from our necks. Once we, our friendly group, went to a cafe after our shift to celebrate Friday. It was evening, everything was going great, and then a slightly tipsy man approached one of our guys:

Are you some kind of creature calling me today?

The guy looked down and turned white: he forgot to take off his pass.

He only managed to get hit in the face once - the guy was taken away by his friends, and we left. This was the only case of physical pressure on one of us) Usually debtors liked to threaten over the phone - and if we had indirect threats, theirs were the most direct. Most people were confident of complete impunity - they shouted that they would slaughter the whole family, screamed and cursed so much that even a drunken loader would blush. I'm sure that when they took out the loan, they were clearly more polite.

One of the former bailiffs told how once, at a previous job, they came to describe and take away the debtor’s car. The debtor woman carried out a completely naked one-year-old child in winter and sat her ass on the hood:

Here,” she said. - You won’t take the car with him.

People went to great lengths to avoid repaying loans. One man naturally sobbed into the phone, asked to wait at least a couple more days, he just buried his mother today.

The next day I got his number again: a woman answered the phone.

I'm his mother, what did he do again? - she said tiredly.

I was speechless for a second, then said:

Do you know that your son just buried you yesterday?

She paused, then barked:

This freak buried me when I was just born,” and hung up.

What about banks?

Throughout my work, I was only angry at the banks that gave out loans to everyone. One woman shouted:

Yes, this idiot even has it written in his passport that he cannot issue a loan. Why the fuck did you give it to him?

I opened the debtor’s documents, and in reality, the phrase: “Don’t give a loan!” was written in huge letters on the registration page.

There were many like that. Unemployed, sick, mentally ill people - with debts of astronomical amounts. Then they told me that credit specialists have their own plan (I was convinced of this myself when I went to work at a bank issuing loans), and they were even ready to hand over a contract to a homeless person on the street.

It’s impossible to tell the collectors to fuck off if they suddenly call the wrong address. If you sent them, it means you are angry, therefore you are hiding something - the logic is something like this, and they will call again and again, driving the person to white heat. Because if you bring it up, a person may blurt out too much.

One man politely answered for a whole week that no, he didn’t know anyone like him, and when they were about to delete his number from the database and made a follow-up call, he yelled: “He hasn’t lived here for a long time, why are you all calling?!” It turned out to be the debtor's father, the number was restored and the collectors again grabbed onto him like pit bulls.

We loved politeness. If they answered me politely, I immediately put the number on deletion, even if it was the debtor himself, the main thing is that he was polite.

You can’t run and hide from debt collectors - they will find you, they will find the numbers of neighbors, grandmothers, mothers, colleagues - they will call you at work. Mobile collectors will do minor mischief - for example, we had a photo of a debtor posted at the entrance of a debtor with the inscription “A thief lives next to you.” Legal - not legal, no one gave a damn. The agency needed his money, and almost always got it.
Therefore, there is only one piece of advice - never try to screw the bank, never hide from the banks, don’t think, oh, you missed one payment and burn everything with fire, maybe it will blow away. It won't get through. And God forbid that the bank just sue, because the maximum that it can award is payment in small installments. If your debt is from collectors, it’s absolute rubbish. You can always come to an agreement with the bank; the bank was willing to meet almost all my friends halfway if they wrote an application for debt restructuring.

Hiding from banks is like poking a burning stick into a dragon's face.

My collections did not exceed one hundred thousand per month - this is very little. We were fired for this. If you don't bring money, go to hell. But I was incredibly lucky with my manager; she suggested that I move to another department, where there were no penalties, only papers and a computer.

And then new management came and ordered everyone to be punished - and our department too. I left after one incident.

I was sorting out the documents of one debtor - it was the medical history of one young guy. As a result of an accident at work, he was almost completely blind, and his blindness progressed. There was a long trial going on with his work, there was a trial going on with the bank and collectors - and at that moment he called me.

I paid five hundred rubles. - he said forcedly. - I can’t do it anymore, but I’m not hiding, this is my new number, by the way. I'll pay, just don't call me yourself. You see, I'm almost blind now. Now I look at my phone and don’t see it.

We were taught that debtors pretend to be sick, helpless, and without money - but in reality they are sleeping on mountains of gold, sleeping and seeing how they deceive another bank. But I talked to him, and in my hands I had a mountain of his documents: ophthalmological examinations, a hospital extract, a copy of the medical record. I looked at them and was silent.

I can hardly see anything anymore...

After the conversation, I called a break, went to the office of the head of the department and wrote a statement. They released me the same day.

The story turned out to be necessary and chaotic, but it was three years ago, and I remembered some moments as if in flashes and abruptly.

Working there had one big advantage - I met my husband in the new department. Now we are raising a common little son, but this is so, a retreat.

Then the representative office of this agency in Moscow was closed. Everyone was either fired or transferred to another city. We still communicate with many former colleagues - everyone changed their field of activity, no one continued to collect other people's debts. Everyone found something more interesting to do.

This was the work experience... good, bad... I really liked our team. When I looked at my colleagues in the smoking room - young, cheerful, simple - I couldn’t believe that they could transform so much when they sat down to use the phone.

Thanks for your attention everyone. I am not a lawyer, I am a pastry chef, and please forgive me for my complete legal illiteracy.

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Most borrowers have long been aware of the existence of collection agencies.

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Banks often get rid of overdue debt by selling it to collectors. Consequently, the new creditor acquires all the rights and obligations of the previous lender and has the right to make demands for payment of the debt. The procedure for voluntary or forced debt collection is regulated by regulations. Therefore, it is necessary to understand in more detail what rights collectors have and how legal the activities of collection agencies are as of 2019.

Innovation of the law

The main legislative reform is the legalization of bankruptcy of individuals (Chapter 10 of the Federal Law “On Insolvency...”). The citizen's bankruptcy became effective on July 1, 2015. Almost any interested party has the right to initiate consideration of a case regarding his or her insolvency in an arbitration court. The only condition is the presence of an overdue debt in the amount of 500 thousand rubles, which the debtor is not able to repay. The loan repayment delay must be at least three months.

As part of the bankruptcy procedure, the following is allowed:

• Conclusion of a settlement agreement.
• Debt restructuring.
• Sale of property.

The essence of a settlement agreement is to find a compromise between the creditor and the debtor.

If the parties to the agreement find a way out of the current situation that guarantees repayment of the debt and the court approves this transaction, then the bankruptcy case of the citizen is terminated. If we talk about restructuring, the main factor here is drawing up a plan that includes the procedure and timing of debt repayment. The maximum period for repaying the debt should not exceed three years. Interest accrual stops once the debt repayment plan is approved.

This is the best option for a borrower burdened with debt. As for the sale of property, such decisions are made by the court if the previous two options do not suit the participants in the trial. The sale of the debtor's assets will be aimed at proportionately satisfying the claims of creditors. At the same time, not all of the borrower’s property is subject to sale (Article 205 of the Federal Law “On Insolvency...”). For example, real estate, which is the debtor’s only home and acts as collateral, cannot be sold.

The forms of documents that must be provided to an individual when applying to court are approved by Order of the Ministry of Economic Development of Russia No. 530 “On approval...”.

By adopting a law, the state tries to balance the interests of lenders and borrowers as much as possible. However, such reforms may not appeal to all lenders or collection agencies. As practice shows, the bankruptcy of debtors does not cover all existing debt, which means that creditors will have significant losses. However, the law prohibits a citizen from initiating repeated bankruptcy for five years from the moment he was declared insolvent (Article 213 of the Federal Law “On Insolvency...”).

Collectors - are they legal or not?

The issue of the legality of the activities of collection agencies has been discussed for many years. At first glance, it may seem that individual regulations regulate it differently. But, upon careful study of the legislation, it becomes clear that collection agencies are actually the borrower’s new creditors.

Consequently, if the procedure for assigning the right of claim is not violated, then the activities of the agencies are recognized as legal.

The procedure for voluntary repayment of debt to a new creditor is no different from repayment of a loan in favor of the previous lender. The only difference is that the money is transferred to the account of another legal entity. Typically, the details of the new creditor are provided by the bank that ceded the right of claim. However, a collection agency can also send a letter about the assignment of credit obligations to the debtor. In this case, the debtor may demand from the collector a copy of the agreement on the assignment of rights (Article 382 of the Civil Code of the Russian Federation). Separately, it is worth recalling that the debtor’s consent to the assignment of debt is not required.

But, if the loan agreement contains such a clause, then the loan is required to obtain the consent of the borrower. Violation of this condition is grounds for recognizing the assignment agreement as illegal. The debtor only needs to file a claim in court. If the assignment of the right of claim occurs within the framework of enforcement proceedings, then the loan is freed from the need to coordinate its actions with the debtor. The lender only needs to notify the borrower about the conclusion of the agreement. Until the notice is provided, the debtor may not fulfill his obligations to the new creditor (Article 385 of the Civil Code of the Russian Federation).

• The parties can also enter into a tripartite agreement, which will display:
• subject of the contract;
• consent of the parties to the agreement on the assignment of rights.

A similar legal position is reflected in the clarifications of the Supreme Court (case No. 89-КГ15-5). The highest judicial body indicated that if the debt is confirmed by a court decision on the basis of which the writ of execution was issued, then the lender has the right to assign the debt. According to the Supreme Court panel, this does not contradict Article 52 of the Law “On Enforcement Proceedings”. The connecting link here is the order of the bailiff, which is issued on the basis of a writ of execution.

The document must indicate:

• the name of the court that issued the writ of execution;
• court case number;
• date of the court decision;
• the date when the judicial act came into force;
• statements about the creditor and debtor;
• the operative part of the judicial act;
• the date when the writ of execution was issued;
• court seal and judge's signature.

Agency activities

The phrase banking is more understandable to the average consumer. The only association that arises with the word bank is issuing loans, accepting deposits, and providing services for accepting utility or other payments. If we consider the activities of collection agencies, the first thing that comes to mind is collecting debts using illegal methods. However, this opinion has long been outdated.

Today, collectors operate exclusively in the legal field, but in the status of a creditor. Because today there are no separate regulations governing the activities of collection agencies. The source of obligations is the loan agreement. Therefore, if a borrower applies to a bank for a loan and for some reason stops paying it, then he acquires the status of a debtor. As a result, the bank can collect the debt independently or. Collection agencies usually act as buyers. However, the sale of debt is allowed only to legal entities.

Permitted techniques

Debt collection must occur exclusively within the framework of current legislation. The general procedure for debt repayment is provided for by the terms of the loan agreement. Therefore, the borrower must repay the loan in accordance with the repayment schedule. But, if there is a debt, then in order to enter into the usual loan repayment schedule, the debtor must first close it. After which you can confidently make monthly payments, unless otherwise provided by the terms of the agreement.

If voluntary repayment is not possible, then the creditor must go to court. Based on the results of the judicial review, the creditor will be able to receive a court decision and a writ of execution. The collection agency can contact the bailiff service with these documents. Consequently, further debt collection will be carried out by the state. A collection agency can be a party to enforcement proceedings and monitor the progress of events within the framework of the law.

If the debtor has property that is the subject of a mortgage, then it may become the subject of a public auction.

The exception is property provided for in Article 446 of the Code of Civil Procedure of the Russian Federation.

This includes:

• Residential premises that belong to the debtor and are his only home.
• The land plot on which the housing specified in the previous paragraph is located.
• A vehicle required by the debtor due to his or her disability.

In this case, the debtor can apply to the court with a request to pay the debt in installments. However, such an appeal is relevant if the debtor really plans to repay the debt, and is not just trying to delay the process of selling his property.

Prohibited actions

The standard set of actions of most collection agencies includes:

• system sending of SMS messages;
• regular phone calls;
• sending letters;
• visiting debtors at home;
• debt restructuring;
• drawing up a loan repayment plan;
• filing a claim in court.

The specified list of actions does not contain anything illegal. However, if a collection agency begins to abuse the listed actions, then this can be regarded as extortion (Article 163 of the Criminal Code of the Russian Federation).

The lender's attempts to contact the borrower must be aimed solely at returning the money invested within the law.

Therefore, borrowers should remember that the basis for voicing demands on the part of the new lender is the contract. If the debtor deliberately avoids negotiations and categorically refuses to repay the debt, then the agency can contact law enforcement agencies with a statement of fraud (Article 159 of the Criminal Code of the Russian Federation). The borrower faces criminal liability only if he did not initially plan to repay the loan. Avoidance of obligations may lead to an increase in the amount of debt. Interest accrual under the loan agreement will occur even when bailiffs are involved in debt collection. Termination of obligations occurs only after full repayment of the debt.

Work statistics