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. By selling 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 of compulsory insurance against loss and harm to the non-payer.
• Authorized capital - from 10 million rubles.
• Under the terms of Federal Law No. 230, individual entrepreneurs and legal entities, as well as debts for housing and communal services, do not fall.

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 in the register of 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 the 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.

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 to having 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 problem really 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 major 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.

If you have a loan, it is necessary to monitor the timely repayment of interest. Otherwise, a clash with employees of the collection company, who use a variety of methods in their work, is inevitable.

The concept of collection companies.

Under collection companies It is customary to understand special entities that, on a professional basis, are engaged in activities related to the collection of overdue debts not only from legal entities, but also from individuals. As a rule, many collection companies exist by receiving a certain remuneration, which is formed from the total amount of the entire amount of money collected. When the bank receives information that the borrower has a large debt on the loan, the employees immediately turn to collectors. The bank can simply order a service such as debt collection or transfer all rights to require the borrower to repay the debt.

Recently, banks, when concluding a loan agreement, indicate in it a norm according to which the lender acquires the right to search for and give all information about borrowers to another person. It is for this reason that banking institutions have the right to contact collection agencies, whose employees get full access to information about a person,.

Collector methods

All collection companies that specialize in collecting debts from borrowers have certain methods of influence, which can be divided into stages. An individual approach is applied to each debtor.

In order to force the debtor to pay the bills, such organizations resort to various methods, some of which are completely inconsistent with the current legislation. For example, making calls and sending messages to debtor numbers are not justified by law. Often these actions are threatening. Some employees exert even stronger psychological pressure, saying that a criminal case will be initiated and the person will be sent to prison, and they also promise to come home and confiscate all property, and begin to act through relatives and friends. If this does not help, there is a personal meeting with the debtor, and if he does not get in touch, then the procedure for his search begins. In extreme cases, debt collection occurs through litigation. If you find yourself in an unpleasant situation with collectors, you have a question for a lawyer, you can use the services of our free legal advice

Video: How to deal with collectors

It is worth noting that most often debtors start paying after sending messages to the phone and constant calls - no one wants the matter to take a more serious turn.

Draft ARB FZ "On collection activities in the Russian Federation"

Draft ARB FZ “On collection activities in Russian Federation»

Federal law "On collection activities in the Russian Federation"

Article 1. Subject of regulation and scope of this Federal Law

1. This Federal Law defines the legal basis for collection activities in the Russian Federation, regulates relations arising in connection with the implementation of collection activities and the organization of the activities of collection agencies.
2. Collection activities are carried out in accordance with this Federal Law, other federal laws and other regulations regulating collection activity.
3. This Federal Law also determines the procedure and conditions for the implementation by collection agencies of ancillary activities.

Article 2. Collection activity

1. Collection activity is a systematic activity carried out on its own behalf or on behalf of the creditor, aimed at
for the voluntary repayment by the debtor of his debt to the creditor or for the forced collection of the debtor's debt, as well as the activity of acquiring monetary claims against debtors by a collection agency for the purpose of their independent presentation.
2. Ancillary activities are the receipt of the debtor's funds for the purpose of their subsequent transfer to the creditor; representation of the interests of the creditor in the implementation of bankruptcy proceedings, in transactions with the subject of pledge, in the foreclosure of the subject of pledge; search for the debtor-organization and property of the debtor; implementation of the functions of the custodian of the arrested property of the debtor and the property of the evicted debtor.
3. Is not a collection activity:
1) advocacy;
2) representation in court and (or) at the stage of enforcement proceedings without debt collection before judicial order;
3) independent activities of the creditor to collect debts without applying to a collection agency;
4) the activities of the Federal Bailiff Service for the execution of judicial acts, acts of other bodies and officials, the activities of other state authorities, as well as local governments;
5) activities of bodies and persons exercising representation by virtue of law.
4. Collection activities are carried out by collection agencies. Individual entrepreneurs are not entitled to engage in collection activities.

Article 3. Collection agency

1. Collection agency - a commercial organization that carries out collection activities and ancillary activities.
2. The collection agency has the right to engage in any other types of activities not specified in part 1 of this article, not prohibited by the legislation of the Russian Federation.
3. Minimum size authorized capital of a newly registered collection agency on the day of filing an application for state registration is set at 1 million rubles.
4. The founders of a collection agency cannot be credit organizations, insurers, state and municipal unitary enterprises, institutions.

Article 4. Creditor

1. Creditor - an individual, including an individual entrepreneur, or a legal entity entitled to demand from
the debtor of the performance in his favor of monetary or other obligations.
2. In cases established by this Federal Law and other federal laws, the Russian Federation, subjects of the Russian Federation, municipalities.
3. For the purposes of this Federal Law, the term "creditor" is not used in relation to a collection agency.

Article 5. Debtor

For the purposes of this Federal Law, a debtor is an individual, including an individual entrepreneur, or a legal entity obliged to fulfill monetary or other obligations in favor of a creditor or a collection agency.

Article 6. Debt

1. For the purposes of this Federal Law, a debt means the amount of monetary or other obligations of a debtor to a creditor or a collection agency.
2. Debt may arise from an agreement or other grounds provided for by the legislation of the Russian Federation.
3. Debt in payment of taxes and fees, and other obligatory payments, as well as administrative fines may be transferred for collection to a collection agency by decision of the authorized state authority or local government.
4. Debt may include the creditor's costs of obtaining the fulfillment of the obligation, including the costs of remuneration paid to the collection agency. The amount of the creditor's reimbursable expenses may not exceed fifty percent of the remaining amount of the debt, except in cases where the creditor's expenses do not exceed 250 rubles.

Article 7. Basic principles of collection activities

1. Collecting activities are carried out on the basis of the principles of legality, confidentiality, self-government, respect, correctness, and observance of professional ethics.
2. If a collection agency and (or) members of the management bodies of the collection agency are directly or indirectly interested in the debtor's failure to pay the debt (conflict of interest), the collection agency must refuse to execute the creditor's order in respect of this debtor.
3. A collection agency cannot engage in activities related to advising debtors on the issue of unlawful avoidance of debt payment and (or) liability for its non-payment, and on other similar issues, as well as represent the interests of the debtor before third parties, if this leads to a conflict of interests of the collection agency. agencies.

Article 8. Requirements for organizing the activities of a collection agency

1. The executive bodies of the collection agency may include only persons with higher education and work experience in the financial and (or) legal field for at least three years.
2. The management bodies of a collection agency may not include persons with an outstanding or outstanding conviction for crimes in the field of economics, as well as for crimes of medium gravity, grave and especially grave crimes.
3. A collection agency is obliged to inform employees of the need to carry out collection activities only by legal means and to exercise internal control over the legality of collection procedures carried out by employees of a collection agency.
4. The collection agency must enter into an agreement with each employee on the confidentiality of information received by the employee about debtors and their debts and other information related to debt collection.
5. The collection agency must have an annual audit.

Article 9. Insurance of the risk of professional liability of a collection agency

1. The collection agency is obliged to carry out risk insurance
their professional property liability to debtors and creditors.
2. The limit of professional liability of a collection agency cannot be less than 10,000,000 rubles.
3. The object of insurance of the risk of professional liability of a collection agency is the property interests of the collection agency related to the obligation of the collection agency to compensate the harm caused to debtors and (or) creditors, including moral damage, as a result of:
1) missed deadlines limitation period, deadlines for filing appeals, cassation, supervisory complaints, deadlines for presenting enforcement documents for collection;
2) disclosure of confidential information about creditors and debtors that became known to the collection agency in the course of its collection activities and related activities;
3) damage or loss of documents confirming the obligations of the debtor to the creditor and being in the physical possession of the collection agency;
4) sending a notice of the existence of a debt to a person who is not a debtor, or sending the debtor information about the debt that does not correspond to reality;
5) other actions determined by the agreement between the collection agency and the insurer.

Article 10. Actions performed by a collection agency

When carrying out collection activities, the collection agency has the right to perform the following actions: holding telephone conversations with the debtor; sending written notices to the debtor, including as part of the mandatory pre-trial procedure for settling the dispute; sending notifications to the debtor by e-mail; sending SMS messages to the debtor; notification of the debtor about the presence of debt using an autoinformer; holding meetings of authorized representatives of the collection agency with the debtor; representation of the interests of the creditor in court and in enforcement proceedings; other actions not prohibited by the legislation of the Russian Federation.

Article 11

1. The activities of a collection agency for the collection of debts, the rights of claim of which do not belong to the collection agency,
carried out by him on the basis of an agreement with the creditor.
2. An agreement concluded by a collection agency with a creditor must contain a list of actions performed by the collection agency, the amount of remuneration for the actions of the collection agency and other conditions provided for by this Federal Law and other regulatory legal acts.
3. The collection agency shall have the right, with the consent of the creditor, to restructure the debtor's debt, forgive the debt or part of it, and provide the debtor with an installment plan for paying the debt. The agreement between the collection agency and the creditor may give the collection agency the right to perform the specified actions independently, without additional expression of the will of the creditor.
4. The collection agency must inform the creditor of information on the progress of the execution of the creditor's instructions, provide timely reports on the progress of the execution of the assignment in the manner prescribed by the agreement between the collection agency and the creditor.
5. The creditor must regularly inform the collection agency of information about payments and changes in the amounts of the debtors' debts in the manner and within the time limits established by the agreement between the creditor and the collection agency.
6. If the agreement between the collection agency and the creditor provides for the possibility of the collection agency receiving monetary
funds from the debtor, the collection agency is obliged to notify the creditor of the receipt of funds from the debtor and transfer cash to the accounts indicated by the creditor at least once a month, unless a different period is established by the agreement between the collection agency and the creditor.
7. The funds received by the collection agency from debtors must be credited to a separate bank account.
8. If there is a threat of insolvency (bankruptcy) of a collection agency, it must immediately transfer the funds received from debtors to the creditor.
9. The receipt by the creditor of a reasoned opinion of the collection agency on the impossibility of collection is the basis for writing off the debt as a loss, provided that the period of default by the debtor is more than one year.
10. The creditor is not entitled to engage two or more collection agencies simultaneously to collect the same debt.
11. Unless otherwise provided by the agreement, the creditor is not entitled to take his own actions to collect the debt during the period of debt collection by the collection agency.
12. If the debtor, having more than one debt to the creditor, transfers funds to the creditor without specifying the purpose of payment, and the order of debt repayment is not determined by law or by an agreement between the debtor and the creditor, the debt that was transferred to a collection agency for collection is first repaid . In this case, the collection agency has the right to receive remuneration. In the event that several collection agencies were attracted by the creditor, the debt that arose earlier is paid off first.
13. If the debtor, having more than one debt to the creditor, transfers funds to a collection agency, these funds go to pay off the debt that was transferred to the collection agency for collection. In this case, such a collection agency has the right to receive remuneration. In the event that more than one debt was transferred to the specified collection agency, the debt that arose earlier is repaid first.

Article 12

1. Assignment of rights (claims) is carried out on the basis of an agreement concluded between the creditor and the collection agency.
2. An agreement on the assignment of rights (claims) must contain the price of the assignment of claims to each debtor, new details for the debtor to transfer funds and other conditions provided for by this Federal Law and other regulatory legal acts.
3. The creditor assigning the rights (claims) is obliged to transfer to the collection agency the documents available to the creditor,
claims certifying the right to the debtor, including:
1) an agreement between a creditor and a debtor, the rights (claims) from which are assigned to a collection agency;
2) a pledge agreement and documents submitted to the creditor for the subject of pledge (if the underlying obligation is secured by pledge);
3) surety agreement (if the main obligation is secured by a surety);
4) judicial acts and executive documents certifying the claims against the debtor;
5) calculation of the debtor's debt as of the date of assignment of rights (claims);
6) documents confirming the fulfillment of obligations by the creditor to the debtor;
7) claim correspondence of the debtor and the creditor;
copies of the constituent documents of the debtor - a legal entity, certificates of state registration of the debtor - a legal entity and the debtor - an individual entrepreneur;
9) other documents, the transfer of which is provided for by the contract of assignment of rights (claims).
4. If the creditor assigns to the collection agency all the rights (claims) that exist at the time of the assignment, the creditor transfers to the collection agency all the original documents specified in paragraph 3 of this article that he has. In case some of the rights
(claims) remains with the creditor, the creditor has the right to keep the original documents certifying such rights (claims) and transfer certified copies of these documents to the collection agency.
5. If the collection agency is given the right to accrue interest, penalty interest, forfeit, the collection agency has the right to exercise this right at its discretion, including refusing to accrue interest, penalty interest, penalty.
6. The creditor is obliged to notify the debtor of the assignment of rights that has taken place. The notification sent to the debtor must contain new details for repaying the debt.
7. If the creditor receives, after the conclusion of the agreement on the assignment of rights (claims), funds to the debtor's account, the creditor is obliged to notify the collection agency about this and write off the funds received in favor of the collection agency without acceptance according to the payment requirements submitted by the collection agency.
8. When the debtor applies to the creditor in order to repay the debt from the agreement, the rights (claims) from which are assigned by the creditor to the collection agency, the creditor must notify the debtor that the rights (claims) from the specified agreement have been transferred to the collection agency, and inform the debtor of the details of the collection agency. debt collection agencies. The creditor is not entitled to inform the debtor about the absence of his debt without providing information,
specified in this part.
9. If at the time of assignment of the right (claim) the specified right (claim) is invalid or does not belong to the creditor, or the debtor's debt is fully repaid, or the debtor - a legal entity is liquidated without succession, the creditor is obliged to return to the collection agency the funds paid by the collection agency. agency for the specified rights (claims), and the collection agency has the right to demand compensation from the creditor for the losses caused.
10. In the event of a subsequent assignment of rights (claims) by a collection agency, the rules provided for by this article shall apply.

Article 13. Interaction of a collection agency with a debtor

1. The collection agency must interact with the debtor and (or) his representative at any time during his working hours, when the debtor and (or) his representative express such a desire.
2. The collection agency is not entitled to disturb the debtor from 23:00 to 06:00 at the time of the debtor's location.
3. When interacting with a debtor, employees of a collection agency must introduce themselves by stating their last name, first name, patronymic, position, the name of the collection agency they represent, the name of the creditor if the collection is carried out on behalf of the creditor.
4. The collection agency and employees of the collection agency must treat debtors correctly and respectfully. It is forbidden to use offensive words and expressions, profanity, humiliation of the honor or dignity of the debtor by employees of the collection agency.
5. A collection agency may not use debt collection methods prohibited by law, including those that harm the life or health of the debtor, his reputation, including business reputation, property of the debtor or threaten to cause such harm.
6. It is prohibited to place on the envelopes in which notices are sent to the debtor, information about the debtor's debt.
7. It is not allowed to use on envelopes and (or) in notifications sent to the debtor messages, images, drawings that can be perceived as a threat to commit the actions specified in part 5 of this article.
8. Employees of a collection agency are not entitled to introduce themselves as officials of state authorities, local governments, use uniforms of officials of these bodies, insignia, badges and other distinctive signs of officials of these bodies.
9. At the request of the debtor, employees of the collection agency
must provide the debtor with documents confirming the authority of the collection agency to collect the debt from the specified debtor.
10. The collection agency must provide debtors with information on the amount and structure of the debtor's debt, on the name of the creditor, on the terms and procedure for repaying the debt. If the costs of the collection agency represent an independent item in the debt structure, then they should be indicated separately.
11. It is not allowed to mislead debtors about the size, nature and grounds for the occurrence of debt and the consequences of refusing to repay it.

Article 14. Participation of a collection agency in the sale of the subject of pledge

1. If the main obligation of the debtor is secured by a pledge, the collection agency has the right to offer the debtor to sell the pledged item, lease it or otherwise dispose of the pledged item so that the funds received as a result of the disposal of the pledged item are used to pay off the debtor's debt.
2. A collection agency has the right to act as a representative of the debtor when concluding transactions on disposal of the subject of pledge.
3. If the pledge agreement provides for the possibility of seizing the subject of pledge in case of non-fulfillment or improper fulfillment by the debtor of the obligation secured by the pledge due to circumstances for which he is responsible, the collection agency has the right to seize the pledged property, as well as to store it.
4. The collection agency has the right to participate in extrajudicial foreclosure of pledged property, including the conclusion of an agreement with the debtor on the extrajudicial sale of property, contracts for appraisal, contracts for the organization of auctions.
5. The collection agency has the right to participate on behalf of the creditor in foreclosing the pledged property in a judicial proceeding.
6. If the collection agency is not a pledgee, the actions specified in parts 1-5 of this article are carried out by the collection agency with the consent of the pledgee.

Article 15

1. A collection agency has the right to search for a debtor-organization and property of a debtor (citizen or organization), except for cases where federal law establishes that search for a debtor and debtor's property is carried out by internal affairs bodies.
2. The search for the debtor-organization and the property of the debtor (citizen or organization) can be carried out by a collection agency only if there is a writ of execution issued in favor of the creditor or the collection agency.
3. To obtain information about the debtor and his property, the collection agency has the right to send requests to the territorial bodies of the Ministry of Internal Affairs of Russia and its structural divisions: the Information Center of the Internal Affairs Directorate and the State Traffic Safety Inspectorate, the territorial bodies of the Ministry of Internal Affairs of Russia for rail, air, sea and river transport, the territorial bodies of the Ministry of Internal Affairs of Russia for closed territories and sensitive facilities, territorial departments of the Federal Penitentiary Service, territorial bodies of the Federal Migration Service, territorial divisions of the Border Guard Service of the FSB of Russia, territorial bodies of the Federal Customs Service, territorial bodies of the Federal tax service, territorial Offices of the Federal Registration Service, territorial bodies of the Federal Bailiff Service of Russia, branches pension fund of Russia, the Office of the Civil Registry Office, State Technical Supervision, the State Inspectorate of the Ministry of Emergency Situations of Russia for Small Vessels, the Bureau of Technical Inventory, credit organizations and institutions, divisions of the Fund for Compulsory health insurance, subdivisions of the Fund social insurance, notary bodies, Bureau credit histories, other registering and controlling bodies.
4. Information about the debtor and his property may be provided by the bodies and institutions specified in paragraph 3 of this article for a fee.
5. The term for providing the information requested by the collection agency about the debtor and his property may not exceed ten business days from the date of receipt of the request.
6. If the right to claim the debt belongs to the creditor, the collection agency has the right to perform the actions provided for by this article only with the consent of the creditor.

Article 16

1. The collection agency has the right to take under the protection or storage of the arrested property of the debtor, including documentary securities, except in cases where the bailiff-executor decided to transfer these valuable papers deposited with the depository, and documents confirming the existence accounts receivable debtor, which is seized by a bailiff. The collection agency has the right to accept for storage the property of the evicted debtor.
2. The collection agency is obliged to ensure the safety of the debtor's property transferred to it for protection or storage.
3. The collection agency shall be liable for the waste, alienation, concealment or transfer to third parties of the debtor's property transferred to it for protection or storage in the amount of the value of the said property.
4. The collection agency is not entitled to use the property transferred to it for protection or storage without the consent of the bailiff given in writing. The consent of the bailiff is not required if the use of the said property is necessary to ensure its safety.
5. The actions specified in paragraph 1 of this article are carried out by a collection agency on the basis of an act of a bailiff in the presence of a collection agency agreement with the relevant territorial body of the Federal Bailiff Service. The remuneration of the collection agency and the reimbursement of expenses incurred for the protection or storage of the said property, minus the actual benefit received from its use, is determined by the said contract.

Article 17. Participation of a collection agency in bankruptcy cases

1. A collection agency has the right to represent the interests of a creditor in bankruptcy cases. The powers of a representative in a bankruptcy case are formalized in accordance with the Federal Law "On Insolvency (Bankruptcy)".
2. Under an agreement with an arbitration manager, a collection agency has the right to collect debtors' receivables by performing the actions provided for in Article 10 of this Federal Law.
3. A collection agency has the right to participate in bankruptcy cases individuals as interim manager.

Article 18. Rights and obligations of a collection agency in the field of information

1. A collection agency has the right to seek, receive, transmit and distribute information in any legal way.
2. The collection agency has the right to receive from state bodies, local authorities information directly related to the rights and obligations of the collection agency, information necessary in connection with interaction with these bodies in the course of collection activities and other auxiliary activities, as well as information from open state and municipal registries.
3. If there is a writ of execution issued in favor of a creditor or a collection agency, the collection agency has the right to receive information from state authorities about the debtor's movable and immovable property, about the place of work and the amount of income of the debtor - an individual for the year preceding the appeal, about banking debtor's accounts.
4. If there is a writ of execution issued in favor of a creditor or a collection agency, the collection agency has the right to receive from the organization in which the debtor - an individual works, information on the amount of remuneration of the said debtor.
5. The collection agency has the right to receive a credit report from the credit bureau on the debtor, the rights of claim to which have been transferred to the collection agency until the debt is collected.
6. The collection agency is obliged to submit all available information necessary for the formation of credit histories, in relation to all borrowers who have agreed to submit it to the lender or collection agency, in the manner prescribed by the Federal Law "On Credit Histories", to at least one credit history bureau included in the state register of credit bureaus.
7. The collection agency has the right to inform the debtor's close relatives, the debtor's employer of information about the debtor's debt, as well as to receive from these persons information about the debtor and his property.
8. The collection agency has the right to receive from the creditor a credit report on the debtor that the creditor has, information on operations and accounts of debtors - legal entities and individual entrepreneurs, certificates on accounts and deposits of debtors - individuals, personal data of debtors - individuals, reported by them when concluding loan (credit) agreements.
9. If the information specified in paragraph 8 of this article was transferred to a collection agency in connection with the assignment of claims against the debtor to it, the collection agency has the right to transfer the specified information to a new creditor upon subsequent assignment of rights (claims).

Article 19. Processing of personal data by a collection agency

1. Processing by the collection agency of the personal data of the debtor is carried out by him with the consent of the debtor.
2. If the collection agency receives from the creditor the personal data of the debtor to collect the debt on behalf of the creditor, the consent of the debtor to the processing of his personal data is not required if the debtor has given such consent to the creditor.
3. If the collection agency acquires claims against the debtor, the consent of the debtor to the processing of his personal data in order to fulfill the contract, the rights (claims) from which are acquired by the collection agency, is not required.
4. The collection agency has the right to store the personal data of the debtor for five years from the moment the collection agency stops collecting the debt of the debtor.
5. When processing personal data, the collection agency is obliged to use encryption (cryptographic) means to protect personal data from unauthorized or accidental access to them, destruction, modification, blocking, copying, distribution of personal data, as well as from other illegal actions, and also to take necessary organizational and technical measures provided for by the legislation of the Russian Federation.
6. The collection agency has the right to carry out the technical processing of personal data only after obtaining a license to carry out activities for the technical protection of personal data.

Article 20. Procedure for considering claims by a collection agency

The collection agency must timely and objectively consider the written claims of creditors and debtors presented by them to the collection agency.

Article 21. Self-regulation in the field of collection activities

1. The collection agency must be a member of one of the .
2. A self-regulatory organization of collection agencies must include at least ten collection agencies.
3. Acquisition and termination of the status, activities, procedure for admission to membership and termination of membership and other issues of organizing the activities of self-regulatory organizations of collection agencies are established by the Federal Law "On Self-Regulatory Organizations".

Article 22. State regulation of collection activities and activities of self-regulatory organizations of collection agencies

1. The authorized state body carrying out state regulation, control and supervision of the activities of collection agencies and self-regulatory organizations of collection agencies , maintaining a register of self-regulatory organizations of collection agencies, is the Federal Service for financial markets.
2. The Federal Service for Financial Markets has the right to adopt regulatory legal acts on the issues of regulation of collection activities.

Article 23. Entry into force of this Federal Law

This Federal Law shall enter into force six months after its official publication.

President of Russian Federation

Reading 9 min. Views 36 Published on 05/17/2018

A rare modern person has never encountered employees of collection agencies. To contact them, it is not at all necessary to have delinquencies on loans. If one of your close relatives made a debt to the bank or you allowed a colleague to indicate your phone number as an additional contact in the loan application form, you have every chance to get acquainted with representatives of this profession. Who are collectors, how to communicate with them, and what threatens their interference in your financial, and sometimes personal life? Let's try to figure it out.

Collector Profession

If you're over 30, you probably remember horror stories from the 90s. In them, collectors were more like representatives of criminal gangs (and often they were) and used exclusively forceful methods of influence on debtors. Fortunately, the situation has changed since then. Today, collectors are people with a legal, economic or psychological education who collect debts within the law.

Important! The work of all representatives of this profession is regulated by Federal Law No. 230 “On Collection Activity”, adopted on July 3, 2016.

Basically, the collector's job is to negotiate with the debtor. Moreover, for a professional, these negotiations look not just like obsessive reminders of the need to repay a debt. A good collector often acts as a financial advisor and intermediary between the bank and the client. He can:

• suggest to the debtor the ways of debt restructuring available to him;
• advise the bank to refinance the loan;
• perform a preliminary assessment of the debtor's property and help sell it profitably to pay off part of the debt;
• negotiate with the bank on granting a deferred payment, changing the conditions loan agreement and other ways to reduce the client's debt burden.

Naturally, for this it is necessary to gain confidence in the debtor and establish partnerships with him. It is this approach that distinguishes a good collector from a layman who neglects professional ethics. The services of specialists of this level can only be afforded by large financial institutions.

Alas, there are also "gray" and "black" collection agencies that do not neglect the methods of psychological and sometimes physical pressure on the debtor. The cost of their services for the employer is much lower. Therefore, such employees most often work for microfinance organizations, pawnshops, loan agencies and unscrupulous banks.

Schemes of cooperation with creditors

The bulk of the debt collection work is the search for the debtor and the collection of information about him. Naturally, this takes a lot of time. Add to this fact the approximate volume of unscrupulous clients in an average bank and we get a clear explanation that credit organizations almost never work with private debt collectors. It is much more profitable for banks to cooperate with organizations engaged in collection activities.

What is a collection agency? This is a team of professionals, consisting, according to the requirements of the law, of at least three people. The staff of such an organization must have a lawyer and a financial analyst. It is also desirable to have a psychologist. And the bulk of employees, as a rule, are recruited from among former employees of the Economic Crime Department, the Ministry of Internal Affairs and other law enforcement agencies. Their skills, as a rule, allow them to competently build a conversation even with the most persistent non-payer. In addition, such people are able to quickly collect information, check its accuracy and properly dispose of it, which is important for their work.

To date, lenders have three main schemes for cooperation with collectors:

1. The lender enters into an agreement with the agency, according to which the collectors are entitled to a certain percentage of the amounts collected as payment for the work. As a rule, the fee of specialists is a quarter of the funds received by the creditor as a result of their activities.
2. The lender forms its own collection agency. It can be either a special department of the bank or one of its subsidiaries. Such a variant of cooperation today is quite rare, but has not yet completely sunk into the past.
3. The creditor draws up an assignment agreement (assignment of debts) with the collection bureau. At the same time, the collectors pay the creditor a part of the cost of the debts, that is, as if redeem them. Further, the agency no longer acts on behalf of the creditor, but at its own discretion.

Most often, the cooperation of the third type - the repurchase of debts - is resorted to by "black" agencies. This, by the way, explains the incorrectness of the behavior of their employees and the illegality of the methods used. They do not need to worry about the reputation of the lender they represent. They have already paid their own money for data on debtors, and now they are trying to return them by all possible means.

For the debtor, as well as third parties (relatives, acquaintances and colleagues) who fell into the sphere of interests of "black" and "gray" debt collection agents, the main thing is not to be frightened and clearly aware of their capabilities and rights. This information will help to competently build a conversation and rein in unrestrained collectors. And you can get it in the Federal Law already mentioned above.

Stages of interaction with the debtor

The scheme of the collection agency

The work of debt collection specialists usually consists of three stages, each of which is limited in time . The first stage is the informing stage.(soft-collection, in the terminology of American specialists). It usually takes 30 to 90 days from the moment the agency receives information about the debt. During this period, employees contact the debtor by phone and, through conversations and SMS, convince him to return the money.

How should such communication take place from the point of view of Law No. 230?

In addition, collection specialists do not have the right to distort information about the amount of debt, the timing of its execution, the status of the creditor, the possibilities of taking the case to court and the consequences of this step during the conversation. And, of course, threats against the debtor and his relatives are also illegal.

Important! Any call must begin with the procedure for the exactor of money to announce his name, the name of the company he represents and its registration number. Professionals do not have the right to act anonymously, according to the law.

The second stage of interaction - hard-collection - usually occurs 90 days after the agency receives information about the debt. During this period, collectors will try to meet with the owner of the debt in person. Usually an appointment is made at the office of an agency or a bank. But as a rule, debtors shy away from such invitations. Therefore, collectors can come to the debtor's home or to his place of work.

AT own apartment you have the right not to let such guests in. As for the workplace, this is at the discretion of the employer. But if the meeting took place, we recommend that you do not conduct conversations without witnesses, and also, if possible, make a video or audio recording of the conversation. And be sure to ask visitors to show you documents confirming their authority before starting communication. It is advisable to take a picture of all the certificates that you will be shown so that in the future you will know with whom you communicated.

During the meeting, wherever it takes place, collectors, according to Federal Law No. 230, are not entitled to:

• to threaten with forceful methods of influence, and even more so to use them (Article 6, paragraph 2, paragraph 1);
• harm the property of the debtor (Article 6, Clause 2, Clause 2);
• cause the debtor any harm (Article 6, Clause 2, Clause 2);
• exert psychological pressure on the debtor or persons accompanying him.

In addition, the latest amendments to the Federal Law "On Collection Activity" prohibit specialists from meeting with the debtor more than once a week. This is stated in article 7, paragraph 3, subparagraph 2.

Article 7, paragraph 3

Important! Any violations of the law by collectors, recorded by the debtor or his companions, will be a weighty reason for complaints to Rospotrebnadzor, the prosecutor's office or the National Association of Professional Collection Agencies.

The third stage of interaction is the transfer of the debtor's case by the agency to the court. Further, other authorities will deal with your debts, and professional collectors will stop bothering you.

Calls to third parties

It often happens that not only the debtor himself, but also his relatives, friends and colleagues, collectors begin to call. What can outsiders, in fact, people, do in such a situation? Let's turn to the law on collection activities.

According to this regulatory document, the collector, without the consent of the debtor, does not have the right to disclose to third parties data on his debt - the amount, timing, delay and its reasons, etc. - as well as any other information about the debtor. Moreover, the law stipulates that the consent must be in writing, as an independent document.

Perhaps such consent was issued by you at the bank when obtaining a loan. In this case, you can withdraw it at any time by sending the appropriate application to the collectors. It is better to do this by registered mail with acknowledgment of receipt.

Important! If the consent was not issued, and the collectors call everyone around, talking about your debt, you have the right to file a complaint against them with the regulatory authorities. If you are not a debtor, remind persistent debt collectors of this nuance.

The latest amendments to Federal Law No. 230 stipulate the following conditions under which collectors have the right to contact relatives and acquaintances of the debtor:

• the debtor himself gave his consent to such contacts;
• the third party did not disagree.

That is, by law, you, not being a debtor, have the right to simply tell debt collectors once that you do not want to talk to them, and that will be enough. Repeated calls in this case will be a violation of the law. In addition, the law prohibits collectors from making calls to persons of the following categories:

• pregnant women;
• women with a small child (under 1.5 years old);
• disabled people of the 1st group;
• people who are in hospital.

You may well tell the collector that you belong to one of these categories, and you are aware that his insistence is a violation of the law. If you are not in debt, the calls will most likely stop.

Conclusion

So, regardless of whether you have debts to banks, you should not be afraid of collectors. These specialists have no right to threaten you, much less cause physical damage to you or your property. If you had to deal with their work, we recommend, just in case, to study the Federal Law that regulates their activities in order to feel more confident.

Hiding from calls and invitations to a personal conversation is not worth it. Rude and rude, perhaps, too. Try to calmly explain the situation, do not hesitate to ask for advice. The number of "black" and "gray" agencies is decreasing every day, and a competent collector can often turn out to be a good financial consultant.

But at the same time, do not forget about your own safety. Try to talk with representatives of the creditor in front of witnesses, record telephone conversations and always ask for documents confirming the authority of the specialist working with you. Such tactics will help you not to suffer from the actions of illiterate and unscrupulous collectors.

Who are collectors? People called upon to persuade debtors to pay their debts. No, no, we are not talking about those healthy, beefy men with soldering irons and irons. Modern collectors are professionals in their field, economists, analysts, and, first of all, psychologists who are able to convince the client to return the money voluntarily. Debt collectors rely on proven and justified reasons to return the money. Explaining to the client the need to return the amount and the possible consequences in case of refusal, they make the debtor voluntarily go to the bank with the required amount.

Collection activity first appeared in the country in the 90s. of the past century. At that time, the profession of a collector was recognized as one of the most uncivilized forms of activity. Quite often, exceeding their authority as a recoverer, collection agents could afford rather harsh measures of pressure and threats against credit debtors. Only after a fairly long period of time, namely after almost two decades, the services provided by credit extortionists began to acquire a more civilized character. Despite some changes in the activities of collectors, even today, the collection onslaught does not cease to frighten many borrowers. If the pressure in the form of threats subsided somewhat, then the persistence of extortionists, their annoying calls, as well as threats by the judiciary did not cease to exist.

Features of the transfer of problem debts to collecting agents

Everyone knows that collectors, as a rule, go to the most, not paid enough long time. When the lender begins to realize that it makes no sense to require the borrower to fulfill the loan obligation, he decides to get rid of unproductive and unpromising debt by reselling it to a collection agency.

As a rule, at first, credit institutions try to negotiate with their borrowers in a peaceful way. In an effort to find a compromise, creditors are trying to find a way to solve the problem and convince the debtor to voluntarily return the debt that is growing every day.

Many financial structures are even ready to make certain concessions, in particular, to release the debtor from penalties and, in exceptional cases, even from interest.

If a compromise is not found, the creditor recognizes the debt as problematic and transfers it, naturally for a fee, to a collector who decides its future fate.

The cost of overdue debt depends on many factors. In particular, on the percentage of the principal debt, the time of overdue payments, as well as the type of loan and its individual conditions. In determining the price of a bad loan, the presence or absence of loan security is also important. Many experts who conducted research in order to draw up a portrait of the debtor found out the following. The most typical image of a credit defaulter is a man with a secondary specialized education, aged 33-40, who is employed as a worker.

Offensive Sewer Attack

As soon as the debt of the credit defaulter passes to the collector, the latter immediately starts an offensive attack. The first action of a loan debt extortionist is to send out written demands to return the loan funds.

If the mailing does not bring the expected results and the debtor continues to ignore the requirements of the claimant, the collector begins communication in a closer form. That is, through telephone attacks, or personal visits, which can be carried out both at work with the defaulter and at home.

Naturally, credit debtors are not happy with such excessive pressure from collection agents, and it should be noted that a fairly significant percentage of borrowers at this stage simply give up and return the required amount of debt. If the debtor turns out to be impenetrable, collectors, as a rule, do not wait long after several threats of going to court against the defaulter.

As a rule, litigation between collectors and credit debtors almost always ends in the victory of extortionists of loan debts.

Until the entry into force of the decision of the judicial authority, the credit debtor retains the right to voluntary payment of the debt. As soon as the decision becomes legally binding, the borrower's property immediately falls under arrest.

According to the norms of the Criminal Code, a criminal case may also be initiated against a defaulter on a loan, but on the condition that the court establishes that the borrower, that is, the current debtor, concluded the loan transaction without the intention of repaying the loan.

Collectors, as well as lenders, are most interested in the performance of the borrower debt obligation. That is why the collectors themselves recommend that all debtors do not hide and hide, but peacefully agree on how and in what parts the debt will be repaid. Collectors do not deny that if the debtor agrees to the voluntary repayment of the loan, then they always meet the needs of their clients and concessions, and often even release them from paying fines and penalties that have accrued for the entire period overdue in the lending process.

Prospects for the development of collection activities

This line of business emerged as the main tool for banks to repay loans. Initially, they consisted of former employees of law enforcement agencies. And the principles of their work have not changed much. Having no idea how to convince debtors, they used the usual means of moral and physical pressure. Up to the need for intervention by law enforcement agencies.

Today, when the methods of work of debt recovery specialists have changed, their activities still remain outside the control of the state. Since they have nothing to do with bailiffs, the activities of such offices are not regulated at the legislative level. This means that no one is able to prevent the collector from “putting pressure” on the client within the framework of the current criminal and administrative codes. Hence the negative attitude towards people of this specialty. Despite the fact that their approach to business has noticeably changed, the prevailing stereotypes do not change.

How do such organizations work abroad? Let's start with the fact that their activities are strictly regulated by specially developed legislative acts. Within their framework, companies providing such services help in the collection of fines, utility bills, alimony and overdue payments on loans. At the same time, collectors approach the issue from the side of the debtor: they delve into the current situation and work together to help him get out of it within the framework of the law. This is how a positive attitude towards representatives of this profession is formed.

In our case, the scope of the law does not limit specialists, and banks want to get their money by any means. Here is the appropriate approach: collectors are not interested in how the debtor will repay the debt and why it arose, they are interested in how soon the money will be returned.

What to expect next

Despite all the shortcomings and the negative attitude of the population, modern debt collection specialists are gradually reaching the world level in terms of the quality of work. As mentioned above, former law enforcement officers are giving way to qualified lawyers and economists, analysts and community workers. The approach to work is also changing: if earlier the emphasis was on the fastest result, now they are looking for the possibility of a guaranteed return in cooperation with the debtor himself.

Yes, and within the framework of the law there are advances: the draft "On the collection of overdue debts" largely regulates the actions of organizations. Bailiffs everyone is more willing to pay attention to collectors, offering to use them as an official tool for collecting debts on housing and communal services and fines. It is clear that bailiffs simply cannot cope with all incoming applications, so such an approach, with proper control, is fully justified.

In any case, it is too early to judge the vector of development of this specialty, so it remains only to wait and observe the ongoing changes from the outside. After all, getting rid of stereotypes is not so easy. It will take a long time for people to learn to trust debt collectors, perceiving them as help, and not as a tool to "knock out" debt.

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