Refusal to interact with collectors and creditors. download for free

The list of officials is indicated

How to write a complaint against a debt collector?

It is necessary to distinguish between ordinary complaints to Roskomnadzor or the Central Bank (by the way, they are a great help), a complaint to the FSSP about the actions of collectors, or an application to refuse to interact with the collector.

A complaint to the bailiffs about the lawlessness of the debt collectors is written in free form and submitted to the senior bailiff (head of the ROSP). Based on the complaint, an inspection is carried out within 30 days; the full list of actions that the bailiff has the right to perform in relation to the person being inspected is indicated in the regulations, which are attached in the article above.

The application form for refusal to communicate can be downloaded. In this application, it is necessary to indicate the contact person to whom the debtor delegates his powers in order to negotiate with the bank collection services/collectors. They may be any person or lawyer.

Which is better and who should I indicate as a contact person?

Here everyone decides for himself, but there is a difference between a lawyer and any contact person and we are not talking about knowledge of the laws and the ability to communicate in the language of the law, but in the fact that when communication is transferred to a lawyer, the collector will no longer have the right to call/contact with debtor And if the contact person is NOT a lawyer, then the collection service can also continue communication with the debtor. The application can be submitted 4 months after.

From experience I can say that an application to refuse communication and transfer of interaction to a lawyer leads to the following -. They do not want to communicate with the lawyer and have nothing to say to him. Which can be considered a good result, right? Judicial resolution of the case is the best solution for overdue credit debt. After the decision of the Duma, you will repay the debt to the FSSP and contact only the bailiff. Enforcement proceedings also have their own nuances, but in any case this is better than communicating with a collector; more than that, enforcement proceedings are possible.

Thanks to the constant changes and improvements in the legislative and legal framework of the Russian Federation, at the beginning of 2017, consumers in the financial sector who have overdue payments of various lengths of time were given the opportunity to refuse calls from collectors or any other contacts with debt collectors.

Now debtors will be able to calmly develop tactics for further actions on their own, without pressure, without recruitment, having analyzed the current situation with peace of mind in order to independently get out of the debt hole.

Despite strict control and stricter requirements in the activities of collection institutions, at present many of them exceed their powers, violate the law, thereby oppressing the rights of debtors. Moreover, even despite the statute of limitations, such offenders continue to harass borrowers. Illegal debt collectors do not hesitate to use the most unpleasant prohibited methods of pressure:

use banking collection mechanisms in order to extract the greatest possible benefit from everyone,
they try to turn everyday life into a real hassle as much as possible by all means possible,
they intimidate not only the consumers themselves, but also apply pressure using references to elderly relatives or children,
treat the debtor personally in an inappropriate manner and become on a first-name basis
and so on...

Naturally, the best weapon of any citizen is knowledge of his rights and responsibilities, so this article offers you an excellent tool in the fight against illegal debt collectors.

New legislative amendments that protect the rights of citizens will help to eradicate at the very beginning and stop such unpleasant situations with knockouts before they arise. How to take advantage of this opportunity:

By registered mail or through a notary's office, you must fill out a “statement of refusal to communicate with debt collectors.”
This document can be made after 4 months from the date of delay.
It is possible to design your own the right to communicate with representatives of collection agencies exclusively through your own representative(if you require this option and still want to receive any information from the agent regarding your debt).

The accepted application, upon entry into force, obliges the collectors to stop any communication and contacts with the borrower, or, as we just announced, to communicate with you only through your representative.

Filling out an application that will help you refuse calls and visits from debt collectors:

In the upper left corner, in the header of your application, it is indicated:
- Full name (if available) (for
- an individual) a creditor and (or) a person acting in his interests on his behalf
- and (or) name (for a legal entity)
Name:“Statement of Non-Interaction.”
Document text: the applicant’s passport details, residential address, contact details, and, if available, email address. It will be necessary to indicate the fact that you refuse to interact via radiotelephone communications, telecommunications, voice, text, telegraphic messages or any other messages, telephone conversations of any kind, as well as personal meetings with debt collectors.
Signature: mandatory handwritten indication of the date, signature and writing of the surname, first name and patronymic (if any) of the applicant.

The same option is drawn up in the case if you want to interact, but only through your own representative. The only addition to this option would be to indicate the contact details of the representative, namely:

email addresses,
mailing address,
and it is also necessary to indicate telephone numbers with city codes if the telephones are landline.

When performing such actions, no collectors will ever bother you and waste your nerves and energy. A lawsuit will be the only solution to the financial dispute that has arisen. If, based on the results of the consideration of the case in court, a decision is made to collect the debt, then the bailiffs will execute the decision.

To prevent the occurrence of such situations, it is, of course, best to calculate your capabilities in advance, adhere to reasonable consumption, and when any difficult financial situations arise, try to save extra money so as not to receive money on interest. Simply put, if, let’s say, you need a laptop not out of necessity, but out of spontaneous desire, and you don’t have the full amount to purchase it, it’s best to save up, save and get at least a little more than half of its cost, so that such a purchase does not become an expensive acquisition . By taking out a loan that is 2 or 3 times less than the amount you need to spend on the purchase, you make such lending safer.

In 2017, new requirements for debt collection from individuals came into force, which will significantly simplify the entire process and secure relations between credit institutions and debtors. Let's figure out how to communicate with debt collectors according to the new rules if you have an overdue debt.

Firstly, under no circumstances interact with a debt collector unless he is a representative of a specialized organization.

Not every “collector” can now demand from the debtor the return of overdue debt. Now this right is given only to specialized organizations that meet certain requirements and are included in the state register. You can view a list of legitimate collection agencies

Secondly, If you are being pressured by suspicious companies or people and you think they are debt collectors, feel free to contact the police. In particular, if you are constantly receiving phone calls, text messages and voice messages that threaten or exert psychological pressure.

Activities of any companies or people to collect debt, with the exception of credit organizations and those included in the collection register, are illegal. Moreover, now the creditor himself cannot independently interact with the debtor: that is, meet in person, talk on the phone, send text and voice messages, and also communicate by mail. The violator faces an administrative fine: for a private person - from 50 thousand to 500 thousand rubles; to an official - from 100 thousand to 1 million rubles or disqualification for a period of six months to a year; organizations - from 200 thousand to 2 million rubles.

Thirdly, when a creditor contacts you, check whether he is in the register, which means whether he can demand a debt from you (you already know the address).

According to the law, special companies that are engaged in debt collection must have such activity as their main activity and be included in the state register of operators. There are currently 29 organizations on this register, but it is expected that their number will increase significantly by the end of 2017.

In addition, according to the new rules, at the time of concluding a transaction, the creditor must have a valid contract of compulsory insurance of liability for damages when carrying out activities to return overdue debt with an insured amount of at least 10 million rubles per year. A new rather unusual requirement is that the debt collector must have his own website (you can check this) and special software for work (you won’t check here, but without this the collector will not be included in the register).

Check if the lender meets all requirements. In particular, whether it has the form of a joint-stock company (PJSC) or LLC with a minimum net asset size of 10 million rubles. The constituent documents must indicate the collection of overdue debts as the main activity. All this information can be found in open sources.

The general director of such an organization cannot be disqualified in accordance with an administrative penalty. Disqualification consists of depriving a person of the right to hold positions, including in the executive management body, join the board of directors, carry out entrepreneurial activities to manage a legal entity and manage a company.

Fourth, after you have checked everything, carefully read the terms of the agreement on the possibility of reselling the debt to another creditor - this is especially important.

Given that now collectors who do not meet the new requirements will not be able to legally demand the return of overdue debt, many will try to transfer it to “legalized” collectors. This is not prohibited by law, but provided that such an assignment is specified in your loan agreement.

It is safer for you as a debtor to be aware of all the nuances of debt repayment, but to do this you just need to carefully read the loan agreement. It may stipulate a condition on the possible assignment by the creditor of claims to other organizations. But the borrower may not agree with such a condition even at the stage of concluding the contract, refuse to sign such a document, or agree to remove this condition. In any case, the debtor must be told about all this at the stage of drawing up the contract.

Fifth, if a personal conversation with the lender does not work out, formally “transfer” the communication to another person or company.

You have the opportunity to refuse to communicate with the collector, avoid personal meetings and telephone conversations. This is logical, since not every person is able to calmly and adequately respond to difficulties that arise and calmly discuss ways to solve problems. Especially with a representative of a credit institution. Now, to conduct such negotiations, the debtor may have his own representative, for example a lawyer. But you must, of course, notify your refusal of personal communication in advance.

It is better to send your refusal by registered mail with acknowledgment of receipt. The most important condition is that the debtor has the opportunity not to communicate in person no earlier than four months from the date the delay occurred.

Sixth, keep track of what time creditors call you.

Remember that by law such calls are prohibited from 22:00 to 8:00, and on weekends and non-working days - from 20:00 to 9:00. Personal meetings are possible no more than once a week. In turn, telephone conversations should be publicly accessible and no more than once a day, twice a week, while not everyone can be communicated with in person or by telephone. Such communication is prohibited in relation to disabled people of the first group, minors, incompetent persons, as well as bankrupts or those who are in hospital for treatment.

Seventh, figure out how to properly send official letters by mail.

Currently, many credit organizations do not have offices and operate, so to speak, online. When asked where to send mail, bank operators answer: “Our organization does not have offices for receiving and servicing clients.” Or: “Send to our common e-mail.” I advise you not to agree to such an answer and ask once again to name the exact postal address of the legal entity, especially emphasizing that the possibility of sending correspondence by mail to the address of a credit institution is expressly provided for by law. Simply sending a letter to a general email will not be considered an official notice of refusal to personally communicate with the debt collector. The mail server may even consider this letter to be spam or leave it unopened. Then it will be difficult for you to prove that in the letter you informed the bank about your decision according to all the rules - officially and no earlier than four months after the delay occurred.

You can also send a registered letter by mail revoking your consent to interact with anyone else regarding the collection of your debt, be it relatives, friends or loved ones. In this case, credit institutions will not be able to bother them with letters or calls.

Eighth, do not delay and go to court in a timely manner if creditors violate the new rules.

Now you can check the legality of a creditor’s claims at any time by looking at the public register. If the organization is not there, you can safely write a statement to the Prosecutor’s Office of the Russian Federation or go to court. Importantly, this will also make it easier for the judiciary to resolve disputes.

In our practice, there was an example when debtors were able to prove in court the illegal transfer of debt to third parties even before new rules were introduced for the return of debts of individuals. A company that does not have a banking license tried to repay the debt. This organization was an ordinary debt collector who tried to buy out a debt from the bank. The Court of Appeal declared this operation illegal. Two factors played a role here: the collector was not a credit institution, he did not have a license to provide such services, and the agreement did not contain the consent of the borrower himself for the bank to transfer the debt to a third party.

Let us remind you that on January 1, a law introducing strict rules for collectors comes into force. And the Federal Bailiff Service will monitor the work of those involved in debt collection. The day before, the Russian President signed a decree giving the department a similar function. For this purpose, the staff of the bailiff service has been increased by 375 people.

Already today, the Federal Bailiff Service has begun publishing on the portal a package of projects regulating the activities of debt collectors. In particular, one of the orders establishes forms for applications to limit or terminate interaction with the debtor. In total, it is planned to introduce two types of statements. In the first, the debtor will offer to conduct all negotiations through his official representative. That is, collectors will not call the person personally, but his lawyer. In the second statement, the debtor simply reports a refusal to interact with him through personal meetings, telephone conversations, telegraphic messages, text, voice and other messages transmitted over telecommunication networks. Simply put: collectors should neither call nor come.

According to the law, the debtor’s application for refusal to cooperate can be sent to the creditor or collector no earlier than four months from the date of delay in the debtor’s fulfillment of the obligation. The debtor's statement of refusal to cooperate, sent by him before the expiration of the specified period, is considered invalid. So if collectors or bankers start calling earlier, the debtor must be patient and answer. In the end, debts must be repaid. The new norms do not exempt one from obligations; they only protect a person from those collectors who cross all boundaries.

When the debtor goes into deafening silence, collectors will probably have only one option to continue working: to sue. When the court recovers the money, the application will be suspended for two months. During this period, collectors will again have the right to call and write to the debtor, but politely and in the manner prescribed by law. That is, not at night and not intrusively.

If the debtor has not previously written such a statement, then he will have the right to disconnect from debt collectors only a month after the court decision comes into force. Before then, collectors will have the opportunity to resolve the issue through negotiations. If it doesn’t work out, you’ll have to step aside. And the bailiffs will handle the collection.

In another project, the Federal Service prescribes those engaged in collection activities. As stated in the draft, the information contained in the register is open and publicly available and is posted on the official website of the FSSP of Russia on the Internet.

In addition, we have prepared and will draw up protocols against collectors for violations.

In 2016, after the entry into force of Federal Law No. 230-FZ of July 3, 2016 “On the protection of the rights and legitimate interests of individuals when carrying out activities to repay overdue debts,” debtors, their colleagues and relatives had a new way to get rid of annoying calls from debt collectors. Now you can refuse to interact with collectors. Especially for readers of the site, we tell you how to write a statement of refusal to cooperate with a collection agency and officially prohibit collectors from calling about a credit debt.

I'm a debtor, I don't want to be called

Let's make a reservation right away: calls from collectors are not prohibited by law. Article 5 230-FZ states that the bank (creditor) itself, and the new creditor to whom the loan debt was sold under an assignment of claims, and representatives of the creditor - persons acting on his behalf or in his interests. But there is a caveat: to communicate with the debtor, the creditor’s representatives must be either a credit institution (bank) or professional collectors included in a special register. It is prohibited to involve non-professionals, and especially those with criminal records, in working with debtors.

The bank and collectors can interact with the debtor in 3 main “standard” ways:

directly - meet in person, call;
send letters by mail;
send telegrams, SMS, text, voice and other messages via mobile communications, via the Internet.

If the bank wants to interact with you in some other, non-standard way, it must indicate this in written agreement with you. You can refuse to comply with this agreement any time, without any restrictions. It is enough to write a special application to the bank. This application can be delivered personally against signature, sent by registered mail with notification, or submitted through a notary. With phone calls and other standard methods of interaction, everything is more complicated.

By the way, if you wish, you can also file a lawsuit against the bank and the offending collectors and demand compensation for moral damages and compensation for all losses.

There is a second option. On the official website of the Bank of Russia, we found the opportunity to file a complaint about the exclusion of an individual’s phone number from the auto-dial database. You can try sending a complaint to the Central Bank through the online reception (topic Banking products/services, Consumer lending product, topic Excluding an individual’s phone number from the auto-dial database). If you manage to stop calls this way, please share your experience in the comments to this article.