Who are collectors and they have the right?

You make payments on the loan with long delay or completely stopped paying. Perhaps you have good reasons for this. But the bank is not always willing to take them into account, So soon you run the risk of being face to face with a professional debt collectors

Who are the collectors

collectors is… Some collectors stereotypical fear is largely associated with the memory of evil-90, when popular way to knock debts were iron and solder.

Those times are long gone. Today's collectors – not bandits with a road, and employees of reputable agencies with sonorous names. They strongly emphasize, operating exclusively within the law. A professional associations and even the "Code honest collector". But not so easy. The objectives remain the same reservoir: in every possible way and as soon as possible "shake out" the money from the debtor.

Unfortunately, no law on collection activity makes it possible not only to use civilized methods of debt repayment, but on the verge of foul techniques – intimidation, threats, blackmail, interference in private life.

Most borrowers have no idea, how and on what basis are collection agencies, how legitimate their activities, why they train their employees, what can go. Meanwhile, honest collectors can and should negotiate, and the "beat" – the so-called "black collectors' – can and should find council.

collection Agencies – This commercial structure, whose business is the provision of paid services to recover arrears, and the purchase of "debt portfolios". No collection agency has no rights prosecutor or court.

What can and can not collectors

First, let's understand the rights of collectors. From a legal point of view, these rights in exactly two debt collectors:

1. Report debtor on the availability of outstanding debt and its size (including fines and penalties).
2. Sue – in the case of, if a bank has authorized them to it (under the agency agreement), or completely ceded rights to arrears (simply put, sold your debt).

But in fairness, we note, that direct legislative prohibitions and restrictions action very little debt collectors. Therefore, the main weapon of the borrower – knowledge of their rights. What they are?

• Civil legal relationship between you and collector based on the assignment of the claim. The debtor has the right not to fulfill the obligations to the new lender to provide him evidence of transition requirements of this person.
• For the recovery of overdue loans exist limitation period – three years. If it ended earlier, collectors than you came in contact, their claim is void.
• Keep your debt you should only creditor bank, and there receive documents, confirming every perfect payment. Even if your debt "meet" passed to a third party, Payments should be made through a bank. In any case, send cash in the hands of collectors, whomever submitted!
• You are not required to request the collector to sell their assets to repay debt, and collectors have no right to seize your belongings. This procedure is possible only by court, and is only bailiffs.
• You have the right not to answer the phone collectors and not to open their doors.

How to deal with debt agent

first, and perhaps, above all – Keep calm. If you have knee pidhynayutsya fear, sit down. Several times a deep breath: will be easier, your voice will sound more confident. Take a comfortable position. Put in front of a pen or notepad. Now you are ready to talk.

First of all, ask an employee, calling you, fully introduce (Representatives of collection agencies often report only the name, without names), call office. Record and contact details Agency. After that you can safely put the tube: first conversation you had enough.

Be sure to call back on the phone, who gave you, check the information provided.

Next call – to the bank. Ask confirmed, your debt referred for collection by this collectors. And now attention: at this stage, you have a chance to rectify the situation. Describe the Bank's financial position, causes delays, ask to restructure debt. Often banks are going to deal: you sign a new contract and give installments of three to six months. After signing the agreement on restructuring, Bank withdraws collection agency in case vashe.

If the course of fire, when these calls collectors calmly explain, have reached an agreement with the bank. Threatening sms-ing like "Pay debts, otherwise the court "can be ignored.

In the adverse scenario (Bank refused to deal with you, or reported, all rights to your debt now fully owned by a third party) communicating with collectors, Unfortunately, continue. In further negotiations still keep cool. Do not mind debt – it is useless. But do not share confidential information, including the availability of property or bank accounts. Do not disclose information about relatives, Do not answer personal questions ( "Your wife called Catherine, is not it?»). Not rude response – quietly ask revert to debt repayment and ways to.

And I do not ask for deferment – you just increase the pressure. Instead, ask them to provide you with a complete set of documents, confirming the new creditor rights and its powers – in particular, a copy of the agency contract, a copy of the assignment, Power of attorney, issued by specialist, that talks and has access to your personal data, etc.

As a result you, Firstly, win a, which is so important for the debtor, per-second – demonstrate their legal literacy and the ability to withstand the psychological pressure.

In subsequent conversations put at the center of discussion of the problem: You have a duty, you do not mind, intend to return, but are in a difficult financial situation. In the collection agency work lawyers, are exactly the same, as bank employees, can offer you and hire, and competent repayment scheme.

What shall I do, if you threaten

Unfortunately, dialogue with collectors is not always build a civilized form. So do not be discounted, not as zealous debt collectors will sprinkle your images or threaten.

If you started to threaten, first of all try to establish the fact of direct threats (example, by recording a telephone conversation on tape). Then write a statement to the police. His obligation to accept and start checking to establish those intruders. Consider, the transmission investigator recorder should be issued an act of seizure, and the recording can not be converted to another format.

If the recording is not possible, still email application: Police gather evidence, including the testimony of witnesses. A copy of the application can send a collection agency.