Late payment of a bank loan or a loan from an microfinance organization in almost 90% of cases guarantees the transfer of the debt to collectors. This may be an assignment of rights to claim debt under an assignment agreement (when a credit institution completely sells the debt and the borrower has a new creditor) or a temporary transfer of debt for collection under an agency agreement (when a collection company, being a representative of the bank, tries to recover money from the borrower for a certain percentage from the refund amount). Collectors are different and the collection methods in their arsenal also differ.

Main risks when dealing with debt collectors

At the end of 2015, the country was shocked by news of the outrages of collectors in Ulyanovsk and Chelyabinsk. Surely many remember these cases, which did not go unnoticed by major media. Thus, in Ulyanovsk, a debt collector threw a Molotov cocktail at the debtor’s window, as a result of which a 2-year-old boy and the borrower himself received severe burns from the Rosdengi company, which transferred the debt to the ill-fated collection agency.

And the harsh Chelyabinsk collectors temporarily suspended the activities of the ambulance service, blocking all numbers, including the control room. As a result, hundreds of injured Chelyabinsk residents simply could not call an ambulance.

On the same dates, a Rostov debt collector was detained, threatening the debtor to blow up the kindergarten with all the children if the teacher did not return the loan amount.

The cases are resonant, but, unfortunately, news of such incidents appears in the news more and more often. Of course, not all collectors do this, and the majority of them simply intimidate the debtor by telling scary stories.

How can collectors act?

Collector to collector - discord. The methods and actions of debt collectors to “knock out” a debt from a borrower depend on various factors:

• The organization itself. If it does not purposefully recruit prison rabble as employees, conducts comprehensive training in the profession, does not force its wards to collect debt in any way, etc., then it is unlikely that the collectors of this organization will behave in a similar way.
• Personal qualities of the employee. This factor plays a decisive role, because the behavior and actions of the collector when communicating with the debtor depend on the psycho-emotional state.

All collection agencies have a certain procedure, invented by the “pioneers” in this area. Pre-trial collection measures for overdue debts are divided into 2 types: Soft-collection (soft collection) and Hard-collection (hard collection).

Soft collection is remote debt collection through telephone calls, sending SMS messages, emails and postal letters, etc. And if in America there are laws regulating the number and time of such calls, then in Russia, while collectors feel imposing, calling the debtor around the clock 30-60-90 times a day.

Hard collection is debt collection through direct contact with the borrower, when the collector comes to the debtor’s residential address. Again, in the country of “pioneers,” the collector plays for both teams, helping the borrower find ways to solve the problem. In our country, collectors only create them by threatening, provoking, and using measures of psychological violence.

Another favorite trick of collectors is to leave leaflets with unpleasant information about the debtor in all mailboxes of the entrance or the entire house. The leaflets contain a close-up photograph of the borrower, his full name, year of birth and information about the debt.

Similar information is sent to all the debtor’s friends on social networks (Vkontakte, Odnoklassniki, Facebook, etc.)

All these actions are illegal and can be regarded as a criminal or administrative offense.

Gray collection agencies do not even limit themselves to writing on the walls of the entrance. You can expect everything from them: from simple intimidation to the use of violence against the debtor and his family.

Most often, illegal and high-profile actions are committed by collectors working with MFO debtors. This is not surprising, because large collection agencies, operating in a more or less civilized manner, work only with banks, bypassing microfinance organizations. But small local collection offices work with everyone and their collection measures go beyond all possible limits of law, morality and civilization.

How to protect yourself from annoying debt collectors?

A bill on collection activities will soon come into force, which will significantly limit the range of their actions and minimize communication with the debtor. For example, the law clearly states how many times a debt collector can call a debtor (no more than 2 times a week and no more than 8 times a month). The law provides specific times at which calls can and cannot be made.

Collectors are prohibited from using any measures of psychological or physical violence, threats, intimidation, etc.

The law also provides that the collector has the right to communicate about the debt only with the borrower himself. Any conversations with his relatives, work colleagues, neighbors or friends are illegal.

In fact, the bill is designed to build the activities of collectors on civilized methods of return and information work with debtor clients. However, until it comes into force, debtors will have to restrain the pressure by other methods:

1. If the debtor lives in a small city where there are no collection agencies or offices, then the most correct option is to change the phone number. Collectors will not go to another city in search of a borrower who owes several hundred thousand rubles. An alternative option is to install a free smartphone application that will block incoming calls from debt collectors.
2. Voice recording of all conversations. Any debtor needs to record all conversations with debt collectors. Such records may be useful for filing an application with the prosecutor's office as evidence.
3. If collectors often threaten, act rudely on the phone, or are rude, you need to go to the prosecutor’s office, Rospotrebnadzor and write a statement. Similar actions should be taken if collectors have covered the entrance with unflattering notes about the borrower, etc.
4. If the collectors are located behind the door, under no circumstances should they be opened. You should communicate with them through the door, while recording the conversation on a voice recorder. If the collectors begin to be rude and behave inappropriately, you can safely call the police and say that they are extorting money from you.

Collection lawlessness” is a term that is often used by the media. Thousands of our fellow citizens suffer from the actions of collectors. And this is not only a waste of nerves, but often damage to property and even harm to health.

What to do if a debt collector comes to your house? What rights do they have? And where can we complain about unscrupulous debt collectors? The answers to these questions are in our instructions.

The actions of collectors for extrajudicial debt collection are strictly regulated by Art. 12 and 15 of the Federal Law of December 21, 2013 No. 353-FZ “On consumer credit (loan).”

Firstly, collectors have the right to communicate with debtors only in the following ways:

- by phone;

– in writing;

– personal meetings.

Collectors can call you, write SMS or come only from 08.00 to 22.00 on weekdays and

from 09.00 to 20.00 on weekends and holidays. The time in the law is specified at the place of residence of the borrower, and not at the location of the collection company.

So, what to do if debt collectors threaten or are rude? Use our algorithm.

1. File a complaint to the police. Humiliation of your honor and dignity by the collector is a violation of Art. 5.61 of the Code of Administrative Offenses “Insult”;

2. Write a complaint to the prosecutor's office and Rospotrebnadzor. In your complaint, indicate the facts of illegal actions of debt collectors: insults, calls at odd hours, threats, etc.

3. If collectors reach direct threats addressed to you, then their actions may constitute a crime under Art. 163 of the Criminal Code of the Russian Federation “Extortion”. In this case, write a statement to the police

If a debt collector calls you
One of the main tools of a collector is a telephone. They call persistently, often disturbing sleep, periodically being rude and making threats.
How to behave in a telephone conversation with a debt collector?
1. Ask the collector to introduce himself: give his last name, first name, patronymic, the organization on behalf of which he is calling you, contacts of this organization. You will need this information to write complaints to various authorities if you consider the actions of debt collectors to be unlawful.
2. If you do not have an overdue debt, then inform the collector. The calls haven't stopped? Write a complaint to the prosecutor's office and Rospotrebnadzor (see Appendix No. 1).
3. If you have an overdue debt, explain to the collector the reason why it appeared, tell them that you plan to agree with the bank on the timing of the payment, and discuss the possibility of debt restructuring. But pay only according to the details of the bank where you took out the loan, do not make payments to “left” accounts.
4. Record your conversations with collectors on a voice recorder. Modern devices (landline phones and mobile phones) allow you to record conversations without the use of special technical devices. Be sure to warn your interlocutor that you are recording. This can save you from unpleasant attacks on his part.

Are debt collectors being rude, threatening, or calling at odd hours in a telephone conversation?
1. File a complaint to the police. Humiliation of your honor and dignity by the collector is a violation of Art. 5.61 of the Code of Administrative Offenses “Insult” (see Appendix No.2).
2. Write a complaint to the prosecutor's office and Rospotrebnadzor. In your complaint, indicate the facts of illegal actions of debt collectors: insults, calls at odd hours, threats, etc. (see Appendix No.3).
3. If collectors go so far as to directly threaten you, then their actions may constitute a crime under Art. 163 of the Criminal Code of the Russian Federation “Extortion”. In this case, write a statement to the police (see Appendix No. 4).

If collectors come to your house
Remember: it’s better not to let collectors into your apartment at all. If you want to communicate, do it through a closed door. If they start breaking locks and doors, call the police immediately. Warn uninvited guests about your call.

But if the door was opened:
1. Ask the collectors to introduce themselves: give their last name, first name, patronymic, the organization they represent, contacts of this organization. This information will help you when filing a complaint to various authorities.
2. Don't let debt collectors into your apartment. They have no right to enter the premises without your consent. If collectors try to enter the apartment against your will, call the police (02, 112 - unified rescue service).
3. If collectors nevertheless entered the premises without your consent, warn them of criminal liability. Let them know that you are not going to resolve the debt issue with them, but will resolve the dispute in court. The actions of collectors in this case fall under Art. 139 of the Criminal Code of the Russian Federation “Violation of the inviolability of the home.” After they leave, write a statement to the police demanding that the collectors be held criminally liable (see Appendix No.5).
4. If debt collectors threaten you with violence or use physical force, call your neighbors for help, try calling the police. If possible, go out into the stairwell and knock on the doors of neighboring apartments, or go out into the yard and ask for help. Be aware that in this case, the actions of collectors can be qualified under Art. 163 of the Criminal Code of the Russian Federation “Extortion”, Art. 119 of the Criminal Code of the Russian Federation “Threat of murder or infliction of grievous bodily harm.” Write a statement to the police (see Appendix No.6).

If the collectors covered the walls of the entrance with inscriptions
Inscriptions demanding repayment of the debt appear on the facades of houses, the walls of entrances, even on cars parked in the yard. Often the inscriptions are offensive. Regardless of what the collectors wrote, their actions may fall under Art. 139 of the Criminal Code of the Russian Federation “Hooliganism”. Therefore, write a statement to the police demanding that
the perpetrators are subject to criminal liability (see Appendix No.7). Please attach photographic evidence of the inscriptions to your application. We will give general recommendations for communicating with employees of collection agencies. It is better to boil down a conversation with aggressive debt collectors to the following phrase:

« Our conversation is recorded on a voice recorder (if you are talking on the phone). Tomorrow I’m going to write statements to the prosecutor’s office and the police regarding the fact... " And then name the specific violation that the rude interlocutor committed, preferably with reference to the normative act. For example: “...on the fact of a death threat. Responsibility for this is provided for in Art. 119
Criminal Code".

Here is a list of the most common violations committed by debt collectors, for which administrative or criminal liability is provided:
- humiliate your honor and dignity in an indecent manner - art. 5.61 Code of Administrative Offenses of the Russian Federation “Insult”;
– they demand to hand over money and property using threats under Art. 163 of the Criminal Code of the Russian Federation “Extortion”;
– threaten to kill you or your loved ones, cause bodily harm – Art. 119 of the Criminal Code of the Russian Federation “Threat of murder or infliction of grievous bodily harm”;
– they enter your apartment against your will – art. 139 of the Criminal Code of the Russian Federation “Violation of the inviolability of the home”;
– they write offensive inscriptions on the walls of the entrance – Article 139 of the Criminal Code of the Russian Federation “Hooliganism”.

Sample applications to law enforcement and other authorities can be downloaded from the link. Material prepared by the Center for the Protection of Citizens' Rights of a Just Russia

Today, every now and then there are stories in the news about scandals related to the activities of debt collectors, who have turned into real hooligans - extortionists who are not afraid to break the law. In this material we will try to answer the question: what do collectors not have the right to do and what to do if collectors break the law?

To understand the situation, you need to understand that collection agencies are most interested in receiving money from the debtor, since they acquire the right to claim money by purchasing it from the creditor.

Collectors have an extensive arsenal of techniques for influencing a debtor, and companies are constantly working to expand it, sometimes conflicting with current legislation. We list the following cases:

Threats from collectors to notify everyone around you about your debt.

Here, Article 163 of the Criminal Code of the Russian Federation “Extortion” can be applied, or the actions of agency employees can be qualified as blackmail.

For this, the law requires restriction of freedom for a period of up to 4 years, forced labor for the same period, arrest for a period of up to 6 months, a fine of up to 80 thousand rubles or in the amount of the wages of the convicted person for a period of 6 months.

Phone calls from debt collectors at night.

In this case, Part 3 of Article 12 of Federal Law No. 353 is on your side, contact the police. By law, collectors have the right to call you strictly on weekdays from 08.00 to 22.00 local time and on weekends from 9.00 to 20.00.

If collectors are waiting for you at the entrance door for a "serious conversation".

This is a reason to write a statement to the police about extortion and threats to your health and life.

It is a crime for collection company employees to attempt to enter your home.

Since they violate constitutional rights, Article 23 of the Constitution of the Russian Federation states that every citizen of Russia has the right to privacy.

You don’t have to open the door, don’t let them in, don’t enter into negotiations with debt collectors—they don’t have the right to enter by force. If your attempts prove too persistent, call the police.

Damage to property

Another common violation of the law by debt collectors is damage to the debtor’s property. If you have suffered damage, for example, the locks are damaged, the door to the apartment is damaged, the car is scratched, etc. – contact the police, since the actions of collectors in this case fall under Art. 163 of the Criminal Code of the Russian Federation Extortion or Art. 167 of the Criminal Code Intentional destruction or damage to property.

Punishment – ​​a fine of up to 40 thousand rubles, compulsory labor for a period of up to 360 hours or correctional labor for a period of up to 1 year, forced labor for up to 2 years, arrest for up to 3 months, imprisonment for up to 2 years.

Collectors damage common property.

They leave inscriptions on the walls of the entrance, this is qualified by Art. 214 of the Criminal Code of the Russian Federation Vandalism. Zealous collectors will face a fine of up to 40 thousand rubles, compulsory labor for up to 360 hours, corrective labor for a period of up to 1 year, or arrest for up to 3 months.

Collectors have no right to threaten the debtor and his relatives

This may be regarded as a crime under Article 119 of the Criminal Code of the Russian Federation - extortion, threat of murder or causing grievous bodily harm.

Those found guilty will face compulsory labor for up to 480 hours, restriction of freedom for up to 2 years, forced labor for up to 2 years, arrest for up to 6 months, or arrest for up to 2 years.

Collection company employees used force or assaulted

This crime is provided for in Article 116 of the Criminal Code of the Russian Federation, Article 115 - intentional infliction of minor harm or infliction of moderate harm (Article 112).

What to do? Contact the emergency room immediately for a certificate of injury and file a police report.

Thus, the above series of actions by debt collectors not only violate moral standards, but are simply criminal and illegal.

In 2016, the problem of collection agencies abusing their powers has become widespread, and the decision on the future of this specific business will be made at the legislative level.

What do you think the police won’t figure out if they just make it work? Misconception.

Very often it is pensioners who are malicious debtors. Or they take the rap for their children/grandchildren. The drunks refused to pay - they wrote on the walls - the door - they set fire to the peephole - they stuck some kind of garbage in the lock - (which they then broke down the door) after they threatened through the door. The district police officer did not accept the statement - he told me to sort it out on my own.

Where to write a complaint against debt collectors?

Debt services can obtain such a license by entering their organization in a special register. Read about what specific actions of collection service employees are considered lawful in the next section. Collection activities can be expressed in three ways: I use calls, messages, and postal notifications as measures to collect debts.

What does the new debt collector law say about employee liability?

The following points are worth highlighting here: a specific collector may be subject to an administrative fine of up to 50 thousand rubles if he carries out his work duties in violation of current legislation; A collection organization as a legal entity may be subject to a fine of up to 100 thousand.

Collectors call and threaten

Where to turn if debt collectors insult you over the phone depends on the method and place of personal humiliation:

1. call to work
2. call to your boss, neighbor, relative, etc.
3. call to home (mobile)

If they call on a cell phone or home phone, contact the police, having previously printed out the calls (time, date, number), the name of the caller, position, place of work and an audio recording of the conversation.

Collectors painted the walls in the entrance - what to do

Answer: The scheme of action in such cases is extremely simple:

As a rule, after the first communication between the police and the collection agency employees, the hooligan behavior will stop.

After such a set of measures, we can safely say that collectors will become more tactful, perhaps they will compensate for the damage, and you will have peace of mind and time to resolve debt problems.

What to do if collectors threaten you

However, the matter was limited to Federal Law No. 999547-6 (“Law on Collectors”).

It was adopted in the second reading in the State Duma on June 17, 2019 and will come into force on January 1, 2019. It clarifies many details of the activities of the CA, for example, it introduces a ban on talking with minors, the use of physical force and threats of violence, restrictions on the number of calls and SMS, etc.

d. The first calls from collectors are, as a rule, correct, but then they become more and more demanding and harsh.

Our district police officer said that it was pointless to sue them, since the law was not being followed anyway.

A representative of the authorities speaks about the powerlessness of the authorities.

First, write a statement to the police.

Criminal Code of the Russian Federation, Article 167. Intentional destruction or damage to property

If they refuse to initiate the case, appeal the refusal to the prosecutor's office, filing a complaint addressed to the deputy. Once again, write the refusal in the name of the prosecutor.

Looking for an answer?

Ask our lawyers a question - it’s much faster than looking for a solution.

Where can I complain about the actions of debt collectors?

Among the probable “evidence” indicating a violation, borrowers attach the following justifications for their own words:

1. video recording of visits of collectors;
2. SMS correspondence;
3. medical examinations.
4. recordings of telephone conversations;

It will be possible to file a complaint against debt collectors even when the interlocutor violates the provisions of Federal Law No. 230 by not observing the regime of calls or visits.

Last updated February 2019

Today, Russians are experiencing a peak in their debt burden and an increase in the volume of problem debts. The activities of collectors have long been subject to harsh criticism. Let's consider the main problems that they can create for the debtor.

Does the collector have the right to take care of your debt?

To do this, you should read the loan agreement. If it prohibits assignment (assignment of the right of claim), then the bank has no right to sell the debt to third parties. It is worth noting that recently loan agreements specifying such a prohibition are practically not concluded. That's why:

• the collection agency can either buy the debt in full
• or for a fee (up to 50% of the principal amount) help the bank cope with the situation and return the borrowed money.

In both the first and second cases, the debtor’s direct consent is not required, but he must be notified by mail or other accessible means.

If we are talking about challenging the right of collectors to work with a specific debtor, for example, when:

• the agreement provided for a ban on assignment
• or no one notified the debtor,

then you need to apply to Central Bank of the Russian Federation, since it is in charge of a separate department for supervising the activities of banks on the issue of compliance with current legislation (banks are extremely afraid of such complaints). This can be done on the official website of the Central Bank; the alternative is to go to court.

Legal basis for the work of a collector

There is no law on the activities of collection agencies in Russia yet. At the same time, there is a federal regulation that quite clearly regulates the work of bank and other employees in debt collection. Thus, the law “On Consumer Credit” specifies in detail the possibilities of the collector and the limitations of his intrusion into the personal life of the debtor. See also.

Powers of collectors

According to the law, employees of collection agencies have the unconditional right only to mail to the debtor (while it is prohibited to indicate on the front side of the envelope the amount of debt and the very essence of the obligation), telephone and personal conversations, text messages - and all this strictly at certain hours:

• on weekdays - from 8 a.m. to 10 p.m.;
• on holidays and weekends - from 9 a.m. to 8 p.m.

Collectors are well aware of when they can call, but often violate these restrictions (see).

Other forms of interaction between the collector and the debtor

Other ways to achieve payment of the debt by the borrower are allowed only with the written consent of the latter. These may include:

• reporting to the debtor’s place of work about problems with debt obligations, reporting to work, communicating with superiors and colleagues;
• calls and visits to the place of residence of persons specified as contacts when concluding the agreement, relatives, loved ones, spouses, children and parents of the debtor;
• requirement for early repayment of the entire debt if there is a delay of less than 60 days;
• illegal actions provided for by administrative or criminal law (damage to property, insults, threats, slander, as well as situations where collectors threaten the debtor’s neighbors, etc.

Any threats are prosecuted by law

What can debt collectors do and what should a borrower do when they threaten?
Any deviations from the restrictions specified above, as well as contacts accompanied by threats, are an unconditional basis for deprivation of the collection agency’s license and, if the debtor goes to court, compensation for moral damages.

Based on judicial practice, debt collectors are rarely brought to criminal liability, although there are hundreds of thousands of allegations of illegality of their actions. The problem is that it is difficult to prove the reality of the threat expressed or written by the debt collector. Indeed, in the overwhelming majority of threats, they are only verbal; no action is taken to implement them.

In some cases, criminal cases are initiated when words are supported by actions:

• arson of the entrance
• pushing, pressing against the wall
• violent entry into an apartment with breaking down the door, etc.

Where to write a complaint against debt collectors

• To the police - when the debtor or his relatives are outraged by the methods of work of collectors (if they call at work every day, periodically call relatives), and also if there are signs of serious violations of criminal or administrative legislation (for example, they call with threats), then you should contact the police .
• To the prosecutor's office - in addition, regardless of whether the threat is made over the phone or in person, you can file a complaint with the prosecutor's office.

How to deal with debt collectors

Consideration of complaints takes time, but calls from collectors continue? If collectors call you, just add their numbers to the blacklist: you are not obligated to talk to them.

• If you constantly repeat that all issues will be resolved by the court and not go into detailed discussions about your difficult financial situation, you can quickly ensure that collectors do not call at all.
• Never let debt collectors into your home, under no circumstances.
• Don't give them any documents, indicating partial repayment of the debt, your financial situation, information about your loved ones, children, place of work and the presence of property.
• Record all calls and do not delete the call log (if they call at night), SMS messages (when they write SMS with threats) - all this can be useful to you regardless of where you decide to go: to court, to the police or to the Central Bank.
• Use a voice recorder- all threats in personal contact with the collector should be recorded on a voice recorder, as well as telephone conversations.
• Take photographs of signs made by collectors on the entrance, doors, and other signs of damage on your property.
• Invite the local police officer and re-record all this in his presence and in the presence of witnesses.

Collectors on social networks

Recently, collectors not only write in debtors’ hallways, but also actively communicate on social networks, thus trying to reach the debtor and establish his social circle and interests. Collectors explain their actions by saying that they are trying to establish the location of debtors who deliberately disappeared.

The best thing in advance close profiles on social networks (or change your first/last name) so that collectors cannot see your relatives, friends, children and do not write reminders and threats on your account. Or at least limit it with a “friends only” filter and set a strong password.

Does a debt collector have the right to write reminders or threats on the debtor’s social networks?

• According to the meaning of the law, the form of activity of collectors, when they write on social networks, refers to a special permit, that is, this must have the written consent of the debtor.
• So, if they wrote to you, as a debtor, on “VKontakte” without your permission (which none of the debtors will ever give), you have the right to contact the prosecutor’s office with a statement about a ban on the activities of the collection agency and a violation of private life.
• It doesn’t matter whether they threatened you with violence or politely reminded you of your debt.

In addition, knowing how debt collectors can threaten a loan, it is better to resort to an additional measure: go to the bank in whose interests the debt collector is acting (he is obliged to introduce himself and provide information about the loan, the bank, the amount of the imaginary debt) and write a statement indicating lack of grounds for employees working with problem loans to contact you.

If you have questions about the topic of the article, please do not hesitate to ask them in the comments. We will definitely answer all your questions within a few days.

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