The most famous collector companies. The most famous collector companies are legitimate by collector agencies

What is a collector agency: explanation + 3 types of collectors + 3 of the main stages of their work + 7 features of the Act of Collector Activities + 6 Soviets Borrower.

People who know about the principles of banks with rigid loans defaulters have not once heard about the so-called collectors. Many still mistakenly believe that these are employees of the bank, which by force extort money from borrowers. However, this is not so.

About, our financial institutions learned from American and European colleagues. Until 2014 in the legislation of collectors was not at all!

In 2016, the State Duma adopted the Federal Law "On Collector Activities in Russian Federation", Which began to act across the country from January 1, 2017. He marked the framework in which such firms with which we will definitely read further.

In this article, we will also explain the principle of the work of debt recovers and how to protect against them legitimate methods. Faced collectors and do not know what to do? Do not worry, all necessary information You will find here.

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

Collector agencies - This is an organization that repurchase financial institutions (banks, MFIs, private borrowers) debts to independently collect money from them.

Most of these offices are registered, pay stably taxes. They work with debtors (even the most difficult!) In the framework of the laws of the Russian Federation. Collectors are people who can influence the debtor with the help of a conversation in such a way that he returned money as soon as possible.

True, in some cases, their actions become too rigid to call them with normal methods of impact (you probably read about them in the news). But this speaks only about the fact that "black collectors" who work not within the law took.

There are 3 subspecies of collector agencies:

Agencies that cooperate with financial institutions for an oral or written contract.
Collectors, which are a separate division in the bank.

Agencies that buy debts in financial institutionsAt the same time, not being their partners. Transaction agreements are one-state.

Most often, it is precisely according to such a scheme that the most scammers who are by force or psychological pressure take away debts from borrowers.

Cooperation of banks and collector offices financially beneficial to both parties. From the entire amount of the debt, the collectors usually leave themselves in the form of a 25% board, the rest returning to the bank to repay the loan.

At the same time, they do not pay money for the purchase of debt, but simply conclude an agreement with the bank, committed to recovering money from the borrower.

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

2. How collector agencies work: 3 stages

The process begins with the fact that the collector office will buy away from the bank or microfinance organization debts of borrowers. The transaction occurs under the contract agreement (when the rights are inferior to the rights, that is, the borrower replaces the creditor).

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

The operation of collectors can be divided into 3 stages:

Soft Collection.

At the first stage collector agencies Communicate with the debtor on the phone, we are sent daily SMS, call relatives, to work.

Throughout the initial stage, collectors simply remind of existing debt, procedure and duty repayment of debt to the lender. At the same time, they are constantly asking to return the money.

Hard Collection.

At the next stage, collector agencies go to personal meetings with a borrower. The guarantors or subsitors are also disregarded.

First they invite to visit the office of the agency. If the borrower does not come independently, they go home to the debtor or attend his place of work.

As in the Soft Collection stage, the collectors simply ask to return debt, remind of fines, penalties.

Legal Collection.

At the third stage, collector agencies go to active actions, that is, they are submitted to the borrower to court.

As a rule, the process wins the lender, so in the future the debt collection procedure passes along with the bailiffs.

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

Many citizens of Russia have long been waiting for the adoption of the law, which would be aimed at resolving the actions of collector agencies. In 2016, deputies still accepted a number of rules and rules for bank assistants.

You can get acquainted in more detail with the law "On Collector Activities in the Russian Federation" here: https://refdb.ru/look/2415733.html

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

Each collector agency must have a license and be entered into a single state Register. Before you begin communication with the representative of the office, be sure to prevent the registration number.
Return of money should be carried out with only one collector.

Interact the creditor and the borrower are entitled personally at a meeting, by phone or using text messages. Other methods are prohibited if the borrower did not agree to attract additional methods of interaction.

In addition, even after the consent, the borrower may at any time withdraw its solution using the written appeal to the collector agency.

Collectors should work only on the territory of the Russian Federation. That is, if the borrower flew abroad, then call or write it is prohibited.
It is prohibited from collectors to hide a mobile or stationary phone number from which calls and negotiations occur.
If the debtor requests information from the Agency, then collectors are required to answer for 30 days from the date of treatment of the borrower.
If the agency or a specific worker asked the borrower - moral or physical, the victim has the right to demand to compensate for damage. Also, the fact of drawing damage will be engaged by law.

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

Now you can not be afraid that you or your family will scare debt recorders, because the collectors set the following rules:

The collector cannot work a previously convicted person.
It is forbidden to threaten the borrower with violence.
It is impossible to use psychological methods that can harm the moral state of the debtor.
It is forbidden to distort information regarding the amount of debt, return time, the ability to attract the debtor to respond to the Criminal Procedure Code.

Remember: Collector agencies have no relation to the authorities. Therefore, at any time you can submit a counterclaim in court or write a statement to the prosecutor's office to get rid of illegal actions of employees of the office.

It happens in life such that the loan must be issued, but it is simply not possible to pay it.

In this situation, refuse to return money at all - this is nonsense. If you see that there is no possibility to pay debt, contact the bank and find a solution to the problem together, without bringing the case before transferring collectors.

If you have already encountered a debt recovery agency, then you should not be afraid of anything. Talk about the fact that collectors are "ambals", which by force take away the latest money - no more than the myth. This fairy tale came up with the collector office themselves to scare debtors before the start of interaction.

We picked up a number of rules that need to be adhere to when communicating with collector agencies:

If you are calling from such a office, you will need your interlocutor to have, pointed out the name, the agency name, registration number of the office.
It is worth talking normally, no need to raise voice and scandal. Collectors are good psychologists, they immediately recognize emotional people and then morally pressing their weaknesses.
The conversation should be recorded on the voice recorder - be sure to tell me about this collector. Most likely, a person will be afraid that the record will be transferred to the court or the prosecutor's office, so it will be polite to communicate.

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

And do not forget to report this to collectors! Most likely, after that, calls will stop in the wrong time.

Collectors do not have the right without your permission to communicate with relatives, guarantors or colleagues. Moreover, to tell about your debts and financial position an unlimited circle of people is also prohibited by law.
In a month, the collector can speak with a borrower only 8 times, but not more than once a day and two times a week. You can not take the phone if the collector agencies call you every day.

Best of all in case of violations of such rules, we immediately go to the prosecutor's office. Based on your application, a check will be initiated and conducted. If the case with the collectors comes to the court, this fact will be considered by the Higher Instant. At the same time, the law will be on the side of the borrower.

Another way to influence the collector agency that does not work by law is to submit a complaint to the subject (National Association of Professional Collection Agencies). You can find out all about the application procedure here: https://www.napca.ru/napravit-zhalobu/

In order for the association to check, the reservoir office should be included in the list. The borrower who filed a statement must prepare all the documents that became the object of the dispute. This is necessary for employees of the association, which should know all the details of the case.

In communicating with collectors, the main thing is not to be afraid of anything. People on the other side of the handset are counting on to psychologically intimidate their client, using coarse phrases, abnormative vocabulary and similar methods.

If collectors understand that you do not scare you, they will begin to communicate politely and even will be offered to solve the problem to pay debt.

We have described general information How to communicate with collectors and which brought a law limiting their activities, ordinary citizens of the Russian Federation.

What is actually a collector agency

you can find out by reviewing this video:

Read more about what is a collector agency, You can read on the pages of legal resources. And even better - not to bring the case to meetings with them.

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federal Service Bailiffs (FSSP) on their website a list of collection agencies, currently in it appears 26 such organizations.

According to Interfax in the press bureau of FSSP, according to the results of consideration of the applications received, 26 evidence issued, "the relevant information was made to the state register."

Only companies included in the State Registry, which is conducting a federal bailiff service can conduct collector activities.

Companies who have decided to continue collecting work are threatened by fines of up to 2 million rubles, and individuals who are promptly leading such activities, facing a fine of up to 500 thousand rubles.

Sort the work of debt recorders demanded the situation in the country around collectors. Their activity was stormy and, as a rule, revolved with the Criminal Code. The collectors became almost permanent defendants of criminal reports. The ice was drove in the summer of last year, when Russian President signed the federal law About collectors.

The law strictly stated the procedure and rules for their existence and work. It was forbidden to apply physical strength and threaten its use, damage the property of the debtor, to provide psychological pressure and misleading. Follow the procedure for collectors since the beginning of the year, the bailiffs became. On the same law from January 1, only those collector agencies who are included in the register of bailiffs can be held on January 1. Besides List necessary documents Agencies should have a site defined software For recording and storing files, phone negotiations recording tools.

Already scheduled responsible for the supervision of collectors. So, in the territorial bodies 28 major regions The Russian Federation has created specialized departments, and the remaining authorized officials are identified, on which specific duties will be entrusted. These people will take and consider the appeals from collectors about the inclusion of information about them into the state registry.

List of legal collection agencies

Full and abbreviated (if any) name legal entity
Sentinel Credit Management Limited Liability Company, Sentinel LLC
SOCIETY WITH LIMITED LIABILITY "ACTIBOMSKOMSKOLLEKSHN", OOO "ACTIBUSTERSHOLYKHN"
Nonpublick joint-stock company "First Collector Bureau", NAO "PKB"
Limited Liability Company "National Service of Recycling", LLC "NSV"
Limited Liability Company "Agency Credit Finance", AKF LLC
Joint-stock company "Financial Agency for the Collection of Payments", JSC "FAPP"
Limited Liability Company "TSENTR YUSB-M", OOO "TSENTR YUSB-M"
Limited Liability Company "M.B.A. Finance", OOO "M.B.A. Finance"
Joint-stock company "Sequoia Credit Consolidashn", JSC "Sequoia Credit Consolidashn"
Limited Liability Company "TSENTR YUSB", OOO "CENTER YUSB"
Limited Liability Company "Bureau of Credit Safety" RusKollector ", LLC" Bureau of Credit Safety "Ruskollector"
Limited Liability Company "Agency Regional organization On the collection of debts ", LLC" Agency R.O.S. Dolg "
Limited Liability Company "Metropolitan Agency for Return Debt", OOO "Metropolitan Avd"
Limited Liability Company "Credit Inkaso Rus", LLC "Credit Inkaso Rus"
Limited Liability Company "KreditExpress Finance", LLC "CEF"
Limited Liability Company "Phoenix", OOO "Phoenix"
Limited Liability Company "Everest", Everest LLC
Limited Liability Company "TsZ Invest", LLC "TsZ Invest"
Limited Liability Company "Filbert", OOO "Filbert"
Society with limited response "Trust" (LLC "Trust")
Society with limited branch "Trust-Western Siberia" (LLC "Trust-Western Siberia")
Society with limited branch " Management Company Trust "(LLC" Managing Company Trust ")
Society with limited branch "Company Trust" (LLC "Company Trust")
LLC "GK. Financial services"(LLC" GK Fin ")
LIMITED LIABILITY COMPANY "DISCHANGE AGENCY" Credit Security Center "LLC" Da-TsKB "
Society with limited accomplishment "Camelot" (LLC "Camelot")

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

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Banks are often getting rid of overdue debts by selling her collectors. Hence, new lender Care all rights and obligations of the previous lender and has the right to make demands on debt payment. The order of voluntary or compulsory debt collection is regulated by regulatory legal acts. Therefore, it should be more detailed to deal with what rights collectors are possessed and how legitimate the activities of collector agencies as of 2020 are.

Innovation of the law

The main legislative reform is the legalization of bankruptcy of individuals (ch.10 FZ "On insolvency ..."). Bankruptcy of the citizen began to act from July 01, 2015. Almost any interested party has the right to initiate the consideration of the case on its insolvency in arbitration Court. The only condition is the presence of overdue debts in the amount of 500 thousand rubles, which the debtor is not able to repay. The loan repayment delay should be at least three months.

As part of the bankruptcy procedure allowed:

Conclusion of the settlement agreement.
Restructuring debt.
Implementation of property.

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

If the contract's parties find a way out of this situation, guaranteeing debt repayment and the court approved this transaction, the bankruptcy case is terminated. If we talk about restructuring, here the main factor is to draw up a plan, which includes the order and duration of the repayment of debt. The deadline for debt payment should not exceed three years. Accrual of interest after the approval of the debt repayment plan is terminated.

This is the optimal option for burdened borrower. As for the sale of property, such decisions are made by the court in the event that previous two options do not suit the participants of the trial. The sale of the assets of the debtor will be aimed at proportion to the requirements of creditors. At the same time, not all property of the borrower is subject to implementation (st.205 FZ "On insolvency ..."). For example, real estatewhich is the only housing of the debtor and acts as a collateral, the implementation is not subject to.

Forms of documents that need to be provided physical lick When contacting the court, approved by the Order of the Ministry economic Development Russia No. 530 "On Approval ...". Taking the law, the state is trying to balance the interests of creditors and borrowers to balance the interests of creditors and borrowers. However, such reforms may like not to all lender or collector agencies. As practice shows, the bankruptcy of debtors does not cover all existing debt, and it means that creditors will have significant losses. However, the law prohibits a citizen to initiate repeated bankruptcy for five years from the moment of recognition of its insolvent (Article 213 of the Federal Law "On Insolvency ...").

Collectors are legally or not?

The question of the legality of the activities of collector agencies is already discussed not one year. At first glance it may seem that individual regulations regulate it in different ways. But, with careful study of legislation, it becomes clear that the collection agencies are actually new lenders of the borrower.

Consequently, if the procedure for the assignment of the right of claim is not violated, the activities of the agencies are legal.

The order of voluntary debt repayment to a new lender is no different from repaying the loan in favor of the previous lender. The only difference It is that the transfer of money takes place at the expense of another legal entity. Typically, the details of the new lender reports the Bank that retold the right of claim. However, a letter to the assignment of credit obligations to the debtor can send a collector agency. At the same time, the debtor may require a collector a copy of the agreement on the assignment of rights (Article.382 of the Civil Code of the Russian Federation).

Separately, it is worth recalling that the consent of the debt's debtor is not required. But if the loan agreement contains such an item, then the loan is obliged to obtain the consent of the borrower. Violation of this condition is the basis for recognizing the contract of concession illegal. The debtor is sufficient statement of claim to court. If the assignment of the right requirements occurs within executive proceedings, then the loan is exempt from the need to coordinate your actions with the debtor. The lender is enough just to notify the borrower on the conclusion of the contract. Before granting the notice, the debtor may not fulfill its obligations to the new lender (Article.385 of the Civil Code of the Russian Federation).

The parties can also conclude a tripartite agreement in which:

subject of contract;
reason to transfer the right to claim;
the consent of the parties to the assignment agreement.

Similar legal position Displayed in clarifications of the Supreme Court (Case No. 89-kg15-5). The highest judicial authority indicated that if the debt was confirmed by the court decision, on the basis of which was issued performance list, the lender has the right to make a deposit of debt. According to the Collegium Supreme Court This does not contradict Art. 52 of the Law "On Enforcement Proceedings". The risk of the bailiff is served here, which is made on the basis of the executive list.

The document should indicate:

the name of the court who issued an executive list;
court number;
date of the judgment;
date when a judicial act entered into legal force;
vedomosti about the lender and debtor;
the operative part of the judicial act;
date when an executive list was issued;
printing the court and the signature of the judge.

Agency activities

The usual consumer is more understandable of phrase banking. The only Association, which arises with the word Bank is the issuance of loans, receiving deposits, providing services for receiving utility or other payments. If we consider the activities of collector agencies, then the first thing that comes to mind is to knock out debts with unlawful methods. However, such an opinion has long been outdated.

Today, collectors operate exclusively in the legal field, but, in the status of the lender. Because today there are no individual regulatory acts regulating the activities of collector agencies. A loan agreement is the source of obligations as a source of obligations. Therefore, if the borrower appealed to the bank for receiving a loan and for some reason ceased to pay it, he acquires the status of the debtor. As a result, the bank can make debt recovery independently or. Collector agencies are usually performed as a buyer. At the same time, the sale of debt is allowed only to legal entities.

Permitted techniques

Debt recovery should occur solely within the framework of current legislation. General order Debt repayment is provided for by the terms of the loan agreement. Therefore, the borrower must repay the loan according to the payment schedule. But, if there is a debt, then to enter the familiar schedule for repayment of the loan, the debtor must be pre-closed. After that, it is possible to confidently make monthly payments, unless otherwise provided by the terms of the agreement.

If voluntary repayment is impossible, then the creditor needs to go to court. According to the results of the judicial review, the creditor will be able to get judicial decision and executive list. With these documents, the collector agency may contact the bailiffs service. Consequently, the further recovery of debt will produce a state. The collector agency may be a party to enforcement proceedings and follow the course of events within the law.

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

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

This includes:

Residential premises belonging to the debtor and is its only housing.
The land plot on which the housing is listed in the previous paragraph.
The vehicle required by the debtor in connection with his disabilities.

At the same time, the debtor may apply to the court asking for debt payment by installments. However, such an appeal is relevant if the debtor really plans to repay the debt, and not just trying to tighten the process of realizing his property.

Actions under the ban

The standard set of action of most collector agencies includes:

system newsletter SMS messages;
regular phone calls;
sending letters;
visiting debtors at home;
debt restructuring;
drawing up a loan repayment plan;
submitting a lawsuit in court.

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

Attempts by the creditor to come into contact with the borrower should be directed exclusively to the return of the investment in the law.

Therefore, borrowers should remember that the basis for visiting the requirements from the new lender is the contract. If the debtor deliberately evades the negotiations and categorically refuses to repay the debt, the Agency may contact the law enforcement agencies with a statement about fraud (Article 159 of the Criminal Code of the Russian Federation). Criminal liability threatens the borrower only if he initially did not plan to repay the loan. Evasion from fulfilling obligations may lead to an increase in the amount of debt. Accrual of interest by credit Treaty will occur even when the recovery of debt will be engaged bailiffs. Termination of obligations occurs only after full repayment Debt.

Work statistics

If you have debts that have not been repaid for a long time, especially in the case of debt to the bank, then it is time to think about the emergence of new acquaintances in your life, and not the most pleasant. A representative of the collector agency will meet with you, i.e. Firms for the recovery of problem debts. It is possible that you have already had to communicate with them. In any case, it will be useful for you to learn more about who you are dealing with how to communicate with them, and in case of abuses on their part, how to deal with collector agencies.

With the collection of debts in Russian Earth, there were always problems, both in the distant past during the Golden Horde, and during recent events - in the "Liche 90s". Today, the replacement of the end of the twentieth century, new people who came to the norms of morality and the right came new people - professional collectors. With morality, these guys, too, not yet everything is good, but they work already under the law, or at least with a loaf on him. It would be more correct to say that their actions are on the verge of law, sometimes crossing one, then on the other side.

Are the collector agencies?

Russian legal system Does not remotely answer this question. On the one hand, the activities of debt agencies are not directly prohibited, and even indirect prohibitions professional activity in B. russian laws It is impossible to find. On the other hand, such state bodies As Rospotrebnadzor occupies a position in accordance with which collector activity does not have legal basis . It turns out that the collector is not legal, but not because their activities are prohibited, but because there is no special legal norms directly regulating it.

How to understand this, and the most important thing is to make decisions on the basis of current legislation no one knows even courts.

Another stumbling block is the work of collector agencies for bank credit, more precisely on debts of citizens and organizations to banks for unpaid loans. The fact is that in Russia, as in the whole world there is such a concept as " banking mystery", In accordance with which credit organizations They have the right to disclose information about their clients only a limited number of persons (for example, law enforcement), but collectors are not included in this list. Thus, collectors contradict the law, however, in practice, for some reason there is no mass adoption of confirming such a position.
Based on the foregoing, everyone himself decides whether the collector agencies are legitimate or not.

How to solve issues with collectors

First what will be concerned after the collector call, so it check not expired. by credit obligations It is three years since the last payment or last contact with the bank. Under contact with the bank, you should understand any documented actions you indicate that you have known about the resulting debt, for example, this can be written by you a request for a delay of payment, or a telephone conversation audio recording with a bank. If the statute of limitations has expired, then you should no longer anyone, and therefore any requirements of collectors you have full law Not satisfying, since they are not supported by the legal.

Second What is important to know - the best way Solving issues with the debt agency is a trialSince the law is on your side. In court there is an opportunity to reduce the size of the fine for, there you can declare a petition for installments of payment, there is a mass of maneuver ways to facilitate debt payment. - A guarantee of the fact that you will not pay for excess manifiers.

Third: do not deal with the debt agency without supporting the lawyer. The help of a competent specialist on the right will help you save you a tremendous amount of money, time and nerves, a lawyer will be able to take all the concerns for yourself and striking any available questions, you can sleep calmly. You can choose a good expert right by right on our website, here you can ask a specific question and get a clear answer online.

Communication with collectors

The main thing is that you need to know in communicating with the representative of the debt agency - the law on your side. It doesn't matter how much and to whom you should, in any case, the conversation with you should be built on logic, and not on emotions, and the interlocutor must behave correctly.

Communication rules:

The first thing to be done is to ask to introduce the interlocutor to name the name, the place of work, the reason for the call and the foundation for which something requires you.
Next, you need to request documentary confirmation of the above, namely the paper confirming the fact of transferring your debt from the bank to the Agency, as well as the written requirement of the latter to pay the specified duty. Until you see in lively specified documents, you can simply hang the phone.
At the beginning of the conversation, tell the interlocutor that the conversation audio recording (even if you really don't do this), it will dust the collector's fervor.
Do not persuade the collector and do not justify before it.
In no case do not report myself personal information - income, place of work, own phones and addresses or contact details of relatives and acquaintances.

Another feature of which is important to know - the threats of collectors are empty. What can not be afraid:

Frighten the appeal to the court? Yes, please, it is through the court and it is necessary to solve all questions.
They say that all the property will come and take? They will not come and do not take, it can only be done on the ground, if this will make employees of the collector agency, then will be sent by friendly to serve a sentence in the form of imprisonment under Article 158 of the Criminal Code of the Russian Federation.
Promise to "put on the counter" and threaten big interest? Do not have the right, unless you agree to this yourself. Penal sacnts (penalties) for non-payment are established for a long time or by law or the contract signed, no longer. Therefore, all threats about terrible percentage can be called only bluff.

How to deal with illegal actions of collector agencies

The sale of debt collectors does not give them the right to crime through the norms of the law and violate other people's rights. As a rule, debt agencies do not enter the verbal threats, but even this is enough to form a whole bouquet of offenses of varying degrees of severity and size of possible responsibility.

Start standing with an unpleasant thing - the actual threat to Russian law is not punished. But in the COAP of the Russian Federation there are articles establishing responsibility for insults and slander. In addition, the commission of such offenses gives grounds for a court.
Also not worth discounting an article 163 of the Criminal Code "extortion". The transfer of the indicated rules of law as a rule devastates the rooted debt recovers.

To ensure all the necessary knowledge when communicating with the collectors of knowledge within one article, or even the cycle of articles is simply impossible, so we recommend not to seek the legal aid to professionals, as part of the project lawyer online you can find excellent specialists.