Many Russian citizens have probably heard about making changes to the law on collection activities. This article will tell you what's new to expect in the sphere of debt collection.
По-настоящему счастлив тот человек, который не knows who collectors are and why they are needed. However, it is still worth mentioning about the collection activities. Regulate its commercial banks, wishing to quickly recover payment from debtors. Many bank employees argue that hiring reservoirs is one of the most effective ways to solve the problem of non-repayment of loans. However, debtors themselves do not evaluate the activity of collectors in the most positive way. What is the reason for this? In many respects, the negative attitude to collectors is due to the rigid and rough form of communication, and often even the absence of any kind of dialogue. So, debt collectors can even break the law, if only to be more intimidating to the debtor. More and more important was the question of when the law on collection activity will come into force.
Естественно, недовольство деятельностью workers to collect debts could not but bear fruit. In 2016 and 2017, certain amendments were adopted, and the law on collection activities itself was introduced. About it and it is necessary to tell further.
Еще до 2016 года свое развитие получило важнейшее the direction of legal aid - the so-called anti-collector services. However, not every citizen could afford the help of a qualified lawyer. The situation became more and more aggravated until finally, in 2016 (in July), federal law No. 230 was passed, regulating the activities of employees to collect debts. The question of when the law on collection activities would be adopted was, it would seem, closed. However, many experts, and even the citizens themselves found the content of the project insufficiently complete and voluminous. The only important decision that regulated the Federal Law of 2016 was the prohibition of private collectors.
The parliamentarians announced a new draft law on collection activities. It came into force on January 1, 2017. What can you tell about this project?
What provisions does the Federal Law oncollection activity? This question should be answered based on the bill itself. The first thing worth highlighting is the provision on the nomination of claims to the debtor. From now on, all questions to the person who owes money, must be presented either by the creditor himself or by the official collection agency. At the same time, since July 2016, each such organization must be registered in a special state register. Here, by the way, it is necessary to give important advice to the debtors themselves: collectors need to require a registration number! Otherwise, you can contact an illegal group, now and then creating a problem. It is also worth remembering that the creditor has no right to attract more than two persons to perform the functions of repaying debts.
Who can and can not communicate with the collectors?The law on collection activities also regulates this moment. Thus, debt collectors cannot contact the debtor’s family or relatives without the debtor’s consent. Otherwise, you can safely sue.
The law prescribes the basic norms of interactioncreditors and debtors. Thus, conversations between them can be conducted only at personal meetings, by phone, by written or voice messages. No other form of interaction is no longer possible, unless the debtor agrees. That is why it is worth noting the illegality of all the "unexpected encounters" in the form of the desire of collectors to break into the house, catch the debtor somewhere on the street,
Federal Law on Collection Activitiesprescribes and the basic requirements for the employees themselves to collect debts. So, collectors will not work in people with undeceived or outstanding convictions. The persons in question must work only on the territory of the Russian Federation (for example, calls and letters from collectors abroad are illegal). At the same time, every debt collector should act calmly, reasonably, and, most importantly, legally.
Collection Act entered into forcein 2017, and the first thing that influenced him was the labor functions of the workers themselves. From now on, for collectors there are a number of clear prohibitions established by law. What exactly does this include?
Thus, the list of prohibitions against the debtor is really great. However, bans are far from the only thing a collector should know about.
Every employee in the field of debt collection shouldremember a number of situations where his work is inadmissible in principle. What exactly are we talking about? The Law on Collection Activity in the Russian Federation regulates the list of the following persons, for which collection activity should not be applied:
In addition, the following rules are established:
Collectors have the right to send debtorsvarious written communications. The law on collection activities (entered into force in 2017) regulates this moment as well. Thus, a special form of writing is established, from which it cannot be departed in any way. What is this form? Here is what it should contain:
None of the above should be withheld. All necessary information should be contained in the letter.
The law strictly limits the number of persons whocould work in the field of debt collection. So it will not be possible to carry out the profession of a collector in persons with outstanding conviction or conviction. In this case, the collector must directly cooperate with a bank or other financial institution.
Can not work as a collector person who does not havecompulsory insurance for causing losses to the debtor (but only if the amount of the debt is not less than 10 million rubles). Separately, it is worth highlighting the responsibilities of the collection organization itself. So, it should have its own website, mail, special equipment and software, certificate of entry into the state register and much more. Debt collection organizations are prohibited from disclosing information about the debtor, its debts or property.
The question of whether a law on collectionactivity, closed since January 1, 2017. However, another important and topical question becomes: how effective is this law? After all, the news about battered or dissatisfied debtors did not decrease. Collectors continue to commit arbitrariness, set fire to homes, harm property and commit other criminal acts. What they face for it, what punishment in this case is established?
Responsibility for illegal actionsdebt collection workers are spelled out in the Federal Law of July 3 last year. Thus, fines for violations threaten both collection organizations and creditors. The numbers here are as follows:
This may also include an administrative order to stop activities for up to 3 months (90 days).
