Collector - comes from ancient times and means to collect ( collection — collection). In our time, the word/term "Agency" has been added to the main meaning. A collection agency is a debt collection service for bank borrowers; collection agencies can also exist independently of a bank or other commercial organization. Typically, debt collectors specialize in out-of-court collection.

Let's talk in more detail about collectors and their activities

The concept of a collection agency came to us from the USA. In fact, a collection agency is an intermediary between the creditor and the debtor, who undertakes to carry out work to repay the debt for a certain percentage. Often, the agencies themselves can act as a creditor when the original creditor assigns to the agency the right to claim the debt under an assignment agreement - that is, simply sells the debt.

The first collection agencies in Russia were created as subsidiaries of banks and worked exclusively with debts to the parent banks of these agencies. Such, for example, was the Debt Collection Agency at the Russian Standard Bank, registered in 2001. Actively, specialized collectors began to enter the open market relatively recently. Collection agencies appeared on the Russian market of services in 2004. The first professional collection agency in Russia, CJSC FASP, was registered on August 9, 2004.

rights and obligations of collectors

Collection agencies (sometimes associated by the public with "debt buyers") purchase debts from creditors who, for one reason or another, have not been able to collect them on their own, for a certain percentage of total amount recoverable debt, and then collect from the debtor the entire amount of the debt or even the amount plus "interest" in addition to the total balance. Lenders, who are usually financial institutions and large retail chains, send the debts of their credited users from the group accounts receivable.

There is also a second scheme: the collection agency works with the creditor financial institution without concluding an agreement on the repurchase of debts. Under this scheme, the debtor still makes payments on the debt to the creditor organization, and the debt agency receives a remuneration in the amount of a fixed percentage of the total amount collected. In accordance with the type of debt collected by the agency, the amount of remuneration ranges from 10% to 50%, although the standard remuneration is from 15% to 25%.

Regulation of the activities of collection agencies

In many states, collection agencies are limited in their rights by law, which prohibits certain harassing actions against a debtor. So in the USA, according to the Fair Debt Collection Practices Act, the collector has no right to call repeatedly in order to annoy the debtor, thereby forcing him to repay the debt to the creditor (in particular, the collector in the USA does not have the right to call the debtor at night). IN Russian Federation recently, norms have been introduced for calls and visits to the debtor's address.

Find out right now what collectors have the right to do and who to call

According to Rospotrebnadzor, collection activities have no legal basis, and if a bank transfers the right to claim a debt to a collection agency, then such an action is illegal, since there is a significant infringement of the rights of borrowers. The collectors themselves, at the same time, are guided by the civil code of the Russian Federation, namely Article 382, ​​which reads:

• The right (claim) belonging to the creditor on the basis of an obligation may be transferred by him to another person under a transaction (assignment of a claim) or transferred to another person on the basis of a law. The rules on the transfer of the creditor's rights to another person do not apply to recourse claims.
• The consent of the debtor is not required for the transfer of the creditor's rights to another person, unless otherwise provided by law or the contract.
• If the debtor has not been notified in writing of the transfer of the creditor's rights to another person, the new creditor shall bear the risk of adverse consequences caused by this for him. In this case, the performance of the obligation to the original creditor is recognized as the performance to the proper creditor.
  Collection activity begins with the conclusion of the contract. Such an agreement may be an agreement on the assignment of debt, agency services, or the provision of services. At the beginning of its existence in Russia, the activity of collectors was associated with the activity of criminals "knocking out" debts. People were threatened, beaten, often causing irreparable damage to health, there are known cases of murder. But life goes on and, as it was written above, Russia now has a regulator of such agencies. Now it all has a purely psychological pressure. Calls to relatives, SMS notifications, mail, there are often cases of gluing the locks of the front door with glue, and the inscriptions on the walls “return the debt and the full name of the debtor”, this all falls into the section of the administrative code and is qualified, but nevertheless it is present and takes place to be. In the following articles, we will analyze how to talk with collectors, how to behave, the rights and obligations of the parties, the courts.

Absolutely all banks use collection services, despite the fact that they practically do not distribute such information. Do not believe it, if they try to assure you that the bank is not involved in hiring collectors, then you should not be fooled, you will still run into them if you do not pay your debts on time. Let's take a closer look at why collectors are overly intrusive, and analyze the main features of this profession.

Just to mention, the best time to really talk to debt collectors is when they start calling you. Of course, most people have a fear of these people because of the stereotype that they are simply bandits. A modern collector will simply call you, he cannot pose any threat, his task is to stimulate you to pay off the debt, and he can also help you do this.

Features of the profession - why each collector is intrusive

Probably, every person who has encountered collectors at least once in his life has the impression that people in this profession are incredibly intrusive and it can be extremely difficult to hide from them. This fact is also confirmed by the fact that collectors start calling even with minimal debt, for example, if you do not pay for card maintenance for a long time (this amount is unlikely to exceed 1,000 rubles, so such behavior of collectors and banks that hired them often seems illogical).

The fact is that many debtors simply do not admit that they have their problems, instead they come up with some kind of excuse, for example, they say that they will pay in a week and, as you might guess, repeat the same thing after 7 days.

For this reason, collectors begin to bother you several times a day, because they no longer trust you, since you have already lied about the timing. In such situations, collectors are simply eager to find out what the real problem is and what the real time frame for the possible receipt of a payment is (obsessive behavior really often contributes to this).

It should be understood that the collector has practically no data about you, and even more so about your current financial condition, he cannot imagine why you are not paying the debt. We advise you to always talk honestly with collectors, but do not lie about the timing, otherwise you cannot avoid the considered obsession, and even with a large amount of debt, the case can quickly go to court (if you honestly explain the situation right away, then for the agreed time the collector get away from you). But you shouldn’t imagine these people as monsters, they just do their job, and banks can be understood, because more than 5% of loans are taken in order to repay others, and another 10% are almost hopeless, so not everyone is given them,

But why is the collector intrusive even with small debts? This question is worth many people to a standstill, because it is really strange that the collector will not lag behind you even with a debt equal to 1000 rubles. The fact is that approximately 75% of the debts are small, but because of their huge number, the losses of the banks are large, and the collectors act according to the instructions, having previously received a list of all debtors.

Are errors possible

Sometimes errors occur in bank lists, as a result of which people who have previously paid off their debts may end up on the list transferred to collectors. Unfortunately, in our time this is not uncommon, and many are lost when such problems arise. There is one rule for all such situations - problems must be solved with the bank.

If during each call to the collector you try to tell him that you were on this list by mistake, then you most likely will not achieve anything, because many people lie in this way. In such situations, it is important to immediately contact the bank, where you should explain the problem in detail to the employee. Collectors always act according to strict instructions from the bank, they do not find you on their own.

The difference between collectors and bandits

As mentioned earlier, around the nineties, when such a system was just being introduced, the collectors were not the same as they are now. The task of such people was not even to persuade you to pay the debt, but to “knock out” it. They constantly threatened, used physical force, intimidated and believed that absolutely all methods were good in their profession.

Unfortunately, even now there are such bandits, but if you go to the bank, you will deal with normal collectors. Bandits can be found if you decide to turn to "black creditors", where you will be given money without any documents and guarantors. They will be demanded with huge interest, and this process is most often accompanied by threats, even black creditors often strive not to break the law, limiting themselves exclusively to blackmail.

It is important to distinguish whether you are dealing with bandits or with normal collectors. If you are faced with the first category of persons, then in no case do not let them in, and contact the police as soon as possible. It is important to understand that not a single collector can threaten you with reprisals or confiscate some things, at most - words about a possible transfer of the case to court and the accrual of penalties.

Fortunately, all large banks that value their reputation cooperate with collectors in a different way - they set goals for them related to helping the debtor, as well as reminding them of the need to return funds. The rights of the collector are very limited, but he can:

• arrange a personal meeting with you;
• call you by phone, as well as send messages in voice or text format;
• send you email reminders.

Note! You can also recognize a normal collector by the fact that at the first call he will fully introduce himself to you, and also name his position, the address of the agency will also be mentioned, and the collector is allowed to disturb a person during the hours allotted for this (from 8 to 22 hours on weekdays and from 9 am to 8 pm on weekends), calling at night is illegal. There is also a limit on the number of calls, and in case of violation of any rules for collectors, consequences are provided in accordance with the law.

Collection agency - what is it and why is it needed?

When applying for a loan, borrowers are always fully confident that they will be able to repay the debt on time without problems. In the process of payment, it turns out that difficult life circumstances (birth of a child, death of loved ones, health problems, etc.) or financial problems (loss of a job, decrease in income, etc.) occur. All this affects the payment of the loan. The bank is usually not ready to accept good reasons for missing payments and begins to look for ways to collect the debt. In the absence of payments after the measures taken, the borrower runs the risk of being in the hands of professional debt collectors - collectors.

Who are debt collectors and collection agencies?

And to this day, collectors cause panic fear associated with the 90s in many people. In fact, this is a prototype, and today collection agencies are reputable firms with sonorous names, operating within the framework of the current legislation. During crisis periods, the work of collectors became in demand due to the high share of overdue debts, with which the banks themselves do not have time to work, and sometimes do not want to. Many agencies used harsh, illegal methods of work that did not fit into the moral foundations of society, so Rospotrebnadzor demanded the introduction of a rule that would legalize the methods of collectors.

Law No. 230 "On the protection of the rights of individuals upon return ..." put things in order in the interactions of non-payers with collectors. According to it, only those agencies that are included in the register of the FSSP are entitled to collect debts. In case of violation of the rules, the agency may be excluded from the register. The work is supervised by the FSSP.

A collection agency (CA) is an organization that specializes in the pre-trial recovery of problem debts from non-payers who owe banks and do not make contact.

The concept of "collectors" came from the United States, according to which the collectors were an intermediary between the bank and the client, dealing with the return of the debt for a set fee. The first collection companies in Russia appeared as banking units that worked only with debtors. The agency at Russian Standard Bank was one of the first to start working in 2001. Contrary to popular belief, qualified collection agencies should be distinguished from “gray” ones, which “knock out” debts in the truest sense of the word, using threats, damage to property, psychological violence, and so on.

Collection methods.

According to the methods of operation, spacecraft are conditionally divided into two types:

• First party agencies. They are engaged in the redemption of debts from creditors under an agreement on the assignment of claims (Civil Code of the Russian Federation, Article 388). Further, the redeemed debt is already collected from the debtor, and the creditor no longer cares about his fate. By buying a debt, the collector replaces the former creditor and becomes a new creditor for the defaulter. Through the sale of debt, the bank writes off accounts receivable, improving loan portfolio. Collection agencies are engaged in the return of debts at the initial stage of delinquency, which increases the likelihood of paying off the debt with less time.
• third party agencies. These agencies do not buy debts, but only provide services. They represent the interests of the creditor in relation to debt collection, as well as in relations with government agencies, courts, etc. The bank remains the main lender. If the borrower begins to pay his debt, then the agency receives income in the amount of a fixed percentage of the amount of return. The average remuneration is 15-35%.

Many mistakenly think that debt collectors collect debt without communicating with government agencies. In fact, there is the most active communication and interaction with the courts, the FSSP, and so on. Collectors provide bailiffs with information about the debtor and his property.

Professional collectors work on the phone 95% of the time. Agencies invest heavily in training specialists and recording / storing all contacts (conversations, emails). For the most part, these are psychologists who know how to conduct stressful negotiations. Their goal is to arrange a person, to convey where his duty comes from, what threatens him and find ways out of the situation.

Collectors and legislation.

Until 2014, there was no clear legal basis for collectors in Russia, so their actions had to be within the legal framework. Collectors used the Civil Code of the Russian Federation, namely Article 382, ​​which states that the creditor's claim can be given to a third party. This does not require a separate consent of the debtor, but he must know about the transfer of debt in writing.

Law 353 “On consumer loans” dated July 1, 2014 gave banks and customers additional rights and imposed new obligations. Some of the provisions protect the rights of the client, and some protect the rights of the creditor. The new owner of the debt, upon obtaining the right to claim, is not entitled to disclose personal data about the borrower and other information that is bank secrecy. The law also limits contacts via SMS, meetings, calls. So, collectors have the right to call on weekdays from 8-22 pm, and on weekends - from 9-20 pm.

Law 230 "On the protection of the rights of individuals ....", which entered into force on January 1, 2017, determined actions aimed at returning debts and communicating with non-payers. According to the changes:

• Collectors are not allowed to call more than 2 times a week during the period of 8-22 hours.
• Personal meetings are allowed no more than 1 time per week during the period of 8-22 hours.
• Visits and calls are completely prohibited at night.
• Threats and insults, obscene speech, psychological violence are prohibited.
• Agency employees must identify themselves (full name, position, name of the agency, purpose of the call/visit, reason for contact).
• Paper documents, as well as audio and video recordings of conversations, must be kept for at least three years.
• It is forbidden to use technology that hides the phone number.
• Collectors must be entered in a special register and have a policy compulsory insurance for causing loss and harm to the non-payer.
• Authorized capital - from 10 million rubles.
• Under the terms of the Federal Law No. 230, IP and legal entities, as well as debts for housing and communal services.

Thus, the communication of collectors with debtors is limited and regulated by law.

"White" and "gray" collectors: how to distinguish?

As in any other field, there are professional and honest participants, as well as those who believe that all methods are good. Today there are several hundred agencies in Russia.

Many of them are illegal. One of the largest is Sequoia, which initiated the creation of NAPCA (“National Association of Professional Collection Agencies”). Now NAPCA includes several dozen agencies that care about their business reputation. They steadfastly adhere to a professional approach and vote for the formation of a civilized market of claimants. Their methods of work comply with the regulatory framework. In contact with the debtor, such collectors most often work as a financial consultant and psychologist. They explain the consequences of non-payment, offer options for a way out of the situation. If the debtor does not make contact, the case goes to court.

Organizations and other persons often turn to "gray" collectors. They use illegal methods of influencing the debtor: they call at any time of the day, use threats, denigrate the honor and dignity of a person. Because of them, people develop a negative attitude towards all collectors, including professional ones.

Legal collection agencies are on the register bailiffs. The registry has recently started to form and is updated on a daily basis. Many agencies have not yet had time to simply enter there, which means illegality from work.

At the moment, there are about three dozen companies in the register, such as Sequoia, CreditFinance, Activebusiness Collection, First Collection Bureau, National Collection Service, and so on. Experts state that about 80 existing organizations will be included in the roster. The delay in the formation of the registry is due to the fact that for a long time they could not decide who would control the collection agencies. And only at the end of 2017 it was decided that it would be the FSSP.

The service has enough work now, since there are more than 500 collection agencies on the market. Not all of them will submit documents and confirm their activities, given that the set consists of 10 documents, and authorized capital cannot be less than 10 million rubles. Only a few dozen agencies that work with 80-90% of debtors will be able to meet the requirements of the law. These are large offices, with a staff of over a thousand people, working with a million debtors a month.

What is a collection agency: explanation + 3 types of collectors + 3 main stages of their work + 7 features of the law on collection activities + 6 tips for the borrower.

People who know about the principles of banks working with hard loan defaulters have heard more than once about the so-called collectors. Many still mistakenly believe that these are bank employees who extort money from borrowers by force. However, this is not at all the case.

Our financial institutions learned about it from American and European colleagues. Until 2014, there were no collectors at all in the legislation!

In 2016, the State Duma adopted the federal law"On collection activities in the Russian Federation", which began to operate throughout the country on January 1, 2017. He outlined the framework within which such firms can operate, which we will definitely get acquainted with later.

In this article, we will also explain how debt collectors work and how you can legally protect yourself from them. Faced with collectors and do not know what to do? Don't worry, all the information you need can be found here.

1. What is a collection agency: explanation + 3 subspecies

Collection agencies is an organization that buys debts from financial institutions (banks, MFIs, private borrowers) in order to independently collect money from them.

Most of these firms are registered and pay stable taxes. They work with debtors (even the most difficult!) within the framework of the laws of the Russian Federation. Collectors are people who, through conversation, can influence the debtor in such a way that he returns the money as soon as possible.

True, in some cases their actions become too harsh to call them normal methods of influence (you probably read about them in the news). But this only means that “black collectors” who do not work within the law have taken up the matter.

In total, there are 3 subspecies of collection agencies:

1. Agencies that cooperate with financial institutions under an oral or written agreement.
2. Collection offices, which are a separate division within a bank.

Agencies that buy debts from financial institutions, while not being their partners. Transaction agreements are concluded one-time.

Most often, it is precisely according to this scheme that the very scammers work, who by force or psychological pressure take away debts from borrowers.

Cooperation between banks and collection agencies is financially beneficial for both parties. Collectors usually keep 25% of the total amount of debt as a fee, returning the rest to the bank to repay the loan.

At the same time, they do not pay money for the purchase of debt, but simply enter into an agreement with the bank, undertaking to collect money from the borrower.

As a result, collectors receive their remuneration for mediation and the service performed, and the bank receives the funds issued to the borrower back.

2. How collection agencies work: 3 steps

The process begins with the fact that the collection office redeem the debts of borrowers from the bank or microfinance organization. The transaction takes place under an assignment agreement (when the rights of claim are ceded, that is, the borrower changes the lender).

The debt collection scheme itself was borrowed from the banking system.

The work of collectors can be divided into 3 stages:

Soft Collection.

At the first stage, collection agencies communicate with the debtor by phone, send daily SMS, call relatives, work.

Throughout the initial stage, collectors simply remind you of the existing debt, the procedure and terms of repayment of the debt to the creditor. They keep asking for money back.

hard collection.

At the next stage, collection agencies move on to personal meetings with the borrower. The guarantors or pledgors are also not disregarded.

First, they invite you to visit the agency's office. If the borrower does not come on their own, then they go home to the debtor or visit his place of work.

As in the Soft Collection stage, collectors simply ask to repay the debt, remind about fines and penalties.

legal collection.

At the third stage, collection agencies move on to active actions, that is, they sue the borrower in court.

As a rule, the process is won by the creditor, therefore, in the future, the debt collection procedure takes place together with the bailiffs.

3. Laws on the work of collectors from 2016: 7 key points

Many citizens of Russia have been waiting for a long time for the adoption of a law that would be aimed at regulating the actions of collection agencies. In 2016, the deputies nevertheless adopted a number of rules and regulations for bank assistants.

You can learn more about the law “On Collection Activities in the Russian Federation” here: https://refdb.ru/look/2415733.html

In this section, we want to introduce you to the most important points of this legal act:

1. Each collection agency must be licensed and entered in the unified state register. Before you start communicating with a representative of the office, be sure to ask for a registration number.
2. Refunds must be made by only one collector.

The lender and the borrower have the right to interact in person at a meeting, by phone or via text messages. Other methods are prohibited if the borrower has not agreed to use additional methods of interaction.

In addition, even after consent, the borrower can at any time withdraw his decision by writing to the collection agency.

3. Collectors should work only on the territory of the Russian Federation. That is, if the borrower flew abroad, then it is forbidden to call or write to him.
4. It is forbidden for collectors to hide the number of a mobile or landline phone from which calls and negotiations take place.
5. If the debtor requests information from the agency, the collectors are required to respond within 30 days from the date of the borrower's request.
6. If an agency or a specific employee has caused damage to the borrower - moral or physical, the victim has the right to demand compensation for the damage. Also, the very fact of causing damage will be punishable by law.

With the help of this law, borrowers receive many of the rights that they were deprived of before. After all, before its adoption, as such, there was no legal field in the activities of collection agencies!

Now you can not be afraid that debt collectors will scare you or your family, because the following rules have been established for collectors:

1. A previously convicted person cannot work as a collector.
2. It is forbidden to threaten the borrower with violence.
3. You can not use psychological methods that can harm the morale of the debtor.
4. It is forbidden to distort information regarding the amount of debt, the timing of repayment, the possibility of attracting the debtor to answer according to the Code of Criminal Procedure.

Remember: collection agencies have nothing to do with the authorities. Therefore, at any time, you can file a counterclaim with the court or write a statement to the prosecutor's office to get rid of the illegal actions of the office workers.

It happens in life that it was necessary to issue a loan, but there is simply no way to pay it back.

In this situation, to refuse to return the money at all is stupidity. If you see that it is not possible to pay off the debt, contact the bank and find a solution to the problem together, without bringing the matter to the point of transferring it to collectors.

If you have already encountered a debt collection agency, then there is nothing to be afraid of. Talk that collectors are "hulks" who take away the last money by force is nothing more than a myth. This tale was invented by the collection offices themselves to scare the debtors even before the start of the interaction.

We have selected a number of rules that must be followed when dealing with collection agencies:

1. If you receive a call from such an office, demand that your interlocutor introduce himself, indicate his full name, position, name of the agency, registration number of the office.
2. It’s worth talking normally, you don’t need to raise your voice and scandalize. Collectors are good psychologists, they immediately recognize emotional people and further morally put pressure on their weaknesses.
3. The conversation should be recorded on a voice recorder - be sure to tell the collector about it. Most likely, the person will be afraid that the record will be handed over to the court or the prosecutor's office, so they will communicate politely.

If you are disturbed from 22:00 to 8:00 on weekdays, from 20:00 to 9:00 on weekends and holidays, this is a violation of the law. Fix such calls - with such "material" you can safely go with a statement to the prosecutor's office.

And don't forget to tell the collectors about it! Most likely, after that, calls at the wrong time will stop.

4. Collectors are not allowed to communicate with relatives, guarantors or work colleagues without your permission. Moreover, it is also prohibited by law to talk about your debts and financial situation to an unlimited circle of people.
5. In a month, the collector can talk with the borrower only 8 times, but not more than once a day and twice a week. You may not pick up the phone if collection agencies call you every day.

In case of violations of such rules, it is best to contact the prosecutor's office immediately. Based on your application, an audit will be initiated and carried out. If the case with collectors goes to court, then this fact will be considered by the highest authority. In this case, the law will be on the side of the borrower.

Another way to influence a collection agency that does not work according to the law is to file a complaint with NAPCA (National Association of Professional Collection Agencies). Find out all about the application process here: https://www.napca.ru/napravit-zhalobu/

In order for the association to complete the check, the collection office must be on the NAPCA list. The borrower who submitted the application must prepare all the documents that have become the object of the dispute. This is necessary for the employees of the association, who must know all the details of the case.

In dealing with collectors, the main thing is not to be afraid of anything. People on the other side of the phone rely on psychological intimidation of their client, using rude phrases, profanity and similar methods.

If the collectors realize that they won’t scare you, they will begin to communicate politely and even offer to solve the problem of paying off the debt together.

We have described general information on how to communicate with collectors and what the law restricting their activities has brought to ordinary citizens of the Russian Federation.

What does a collection agency actually do?

You can find out by watching this video:

More about what is a collection agency, can be read on the pages of legal resources. And even better - do not bring the matter to meetings with them at all.

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