What to do if collectors call?

There have been many problems with the work of collectors in Russia. But now they work within the strict framework of the law and the norms and restrictions imposed by this document. The new law on collectors in 2020 (No. 230-FZ) strictly regulates the activities of collection agencies.

But, unfortunately, people still call and scare debtors, often resorting to criminal methods. Let's figure out what collectors can and do not have the right to do, and what to do if a person says that he is a collector, but at the same time threatens you.

Why do debt collectors call?

In accordance with Russian legislation, collection organizations are legal entities whose activities are aimed at returning the debtor’s overdue financial obligations to a bank or microfinance organization.
At the same time, collectors have the right to carry out their activities on the basis of an agency agreement (representing the interests of the bank before the debtor) or an assignment agreement (assignment of rights to claim debt). An important point: if collectors contact you, you must carefully review the credit (loan) agreement. The agreement may contain a clause according to which the bank (MFI) does not have the right to resell the existing debt to third parties. Consequently, collection organizations cannot work on the return of existing debt. Thus, the collectors are employees of the relevant agencies. In theory, collectors are a link between the debtor and the bank, and their activity mainly consists of pre-trial decisions on the return of funds using legal methods. In practice, in addition to these legal methods of returning overdue debts, collection agencies also use methods of psychological pressure and intimidation of persons with overdue and outstanding financial obligations.

Federal Law No. 230 outlined the following ways and methods of interaction between collection organizations and the debtor:

calls;
personal meetings;
telephone and telegraph messages;
postal items.

Collectors are calling about a debt.

If the debtor has an overdue outstanding debt, calls from collection organizations cannot be avoided. However, you shouldn't be afraid of them. This is a completely “ordinary” procedure for interacting with collectors. The “scenario” of calls is usually like this: An employee of a collection agency calls you. According to the law, he must introduce himself: give his last name, first name and patronymic. He must also indicate the name of the organization whose interests he represents. Next, the debtor must be informed of the amount of the existing debt. In particular, the collector can offer options for resolving the debt dispute that has arisen. The conversation with bona fide collection organizations occurs in a similar way. Unfortunately, telephone conversations do not always take place in a constructive manner and not in a raised voice. Let's look at examples of other, “non-ideal” telephone calls between debt collectors and debtors.

employees of collection organizations call from “hidden” numbers. According to current legislation, it is prohibited to hide information and the telephone number from which collection agencies contact the debtor through calls and SMS messages. The very fact of using “hidden” numbers speaks not only of a violation of the law by collectors, but also of dishonesty of activity.
collectors call without introducing themselves or indicating the organization they represent. If the caller refuses to provide such information, you can safely end the telephone conversation. You are not obligated to provide any information to a person whose identity and occupation is unknown.
During the conversation, employees of the collection organization ask you to clarify your data (for example, date of birth, address of registration and actual residence, etc.). The debtor is not obliged to provide the collector with information (they already have it) that is the subject of your personal data.
For failure to pay an existing debt, collectors threaten physical harm and damage to property. These actions are illegal and are punishable by criminal liability against unscrupulous employees of collection organizations.
the conversation moves from a constructive direction into threats and psychological pressure by misleading the debtor about the nature of the debt and possible consequences: threat of seizure of accounts and cards, description of property, deduction of funds from wages, departure of “reaction teams”, intimidation with criminal liability.

Here is a far from exhaustive list of “rosy prospects” for non-repayment of existing debt. Remember, all actions to collect funds are applied to the debtor by court decision and only by the relevant authorities. The “peak” influence of collectors on persons with overdue debts is the right to sue to resolve the existing dispute.

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Another tightening of responsibility?

Now there are such strict rules for debt collectors that legal agencies will definitely not exert psychological pressure or threaten the debtor (although, for example, the threat to sue and collect the entire amount through bailiffs is not exactly a threat). But still, collectors sometimes cross the line of what is permitted and behave inappropriately with the debtor

It controls the work of FSSP collectors - and according to official data alone, in 2021 it received 28 thousand complaints about the incorrect behavior of debt collectors. However, as it turned out after a more detailed study, more than half of the requests do not directly concern professional collectors - their work methods were simply adopted by the creditors themselves.

Probably due to strict restrictions on the activities of collectors, creditors (banks, microfinance organizations and even pawnshops) are now trying to collect debts on their own

. And they are still taking advantage of the gap in the legislation - it turns out that strict rules regarding debt collection do not apply to them at all. This will not last long - the State Duma just recently adopted in the first reading a bill that extends liability for incorrect debt collection to any debt collector. Among other things, they now face a fine of up to 500 thousand rubles for violating the rules. Bailiffs will also monitor compliance with the law.

Now the FSSP is going through a difficult stage of reform, and is expected to control collectors even more strictly

. Now the FSSP only maintains a register and identifies facts of violation of the law. But the bill, developed back in 2021, may also entrust bailiffs with the consideration of cases of administrative offenses regarding violations of collection rules. In other words, the bailiffs themselves will identify facts of violation, issue protocols themselves and impose administrative punishment.

For now, this is all complicated by the lack of an appropriate budget and personnel - for new powers the service needs at least 400 more competent employees

(in general, the problem with personnel is one of the main ones in the FSSP). As Samvel Mehrabyan says, the initiative has several problems:

Amendments may be made to the Code of Administrative Offenses regarding the activities of collection departments and collectors - several such proposals have already been submitted to the working group and the State Duma. For example, it is assumed that the bailiff will be able to block the phones of those collectors who cross the boundaries of ethics in a conversation for up to 60 days.

If threats are used against the debtor, the credit institution will be punished with a fine of 50 to 500 thousand rubles. Not through the court, but by the same bailiffs.

But for anything to work, one thing is necessary - the “white” work of collection agencies, and not “fraudulent” SIM cards, from which the debtor is openly intimidated, and does not agree on payment. What can you agree on if the conversation begins with “Hear you” and ends with threats to children? And it is very difficult to track the subscriber, he has already thrown away this SIM card.

Samvel Mehrabyan

, lawyer at the legal service “Unified Defense Center”.

That is, this is all a matter of an uncertain future, as are periodic proposals from deputies and activists to ban the work of collectors altogether.

It was possible to ban the work of collectors only in the Kemerovo region

. In 2021, after one high-profile case, the local governor ordered that such companies stop operating in the region altogether. However, the head of the region cannot have such powers, so the prosecutor’s office later challenged the ban and, in fact, it lost force. Now in the Kemerovo region, collectors work, as in all other regions.

Collectors call about someone else's loan.

Often employees of collection organizations contact relatives, friends, neighbors, and employers of the debtor. However, there are often cases when debt collectors call about other people's loans. At the same time, it is not necessary to be a guarantor or co-borrower.

Let's describe the main reasons why debt collectors call on someone else's loan:

The loan was taken by your relative or people from your immediate circle. Your number has been indicated as a contact number.
A recently purchased SIM card is receiving calls from debt collectors. Often, unscrupulous debtors change mobile phone numbers, and their old ones, after some time, go on sale again. New SIM card owners also “inherit” calls from collectors demanding repayment of a debt that you didn’t even know about.
The person who assumed financial obligations mistakenly or intentionally incorrectly indicated his telephone number or contact person.
There may have been fraudulent activity against you. Unfortunately, nowadays it is not a problem to get other people’s personal data. Fraudsters have learned how to apply for microloans via the Internet, having in hand the passport details of any person. In this case, protect yourself - check your credit history.

Ruin your credit history

What to do if you are threatened by debt collectors? Credit history: what is it and why is it needed?

Banks transmit information about your payment discipline to the Credit History Bureau. Credit history becomes bad if there is a delay of more than 30 days.

If you have not paid your loan for a long time and collectors are already taking care of your business, then your credit history has long been damaged. Collectors can no longer influence her in any way. But sometimes debt collectors may promise that when you pay off your loan, they will help you recover it. Don't be fooled by such statements. You can improve your credit history only if you repay subsequent loans on time and in full. Unfortunately, you will no longer be able to take out new loans from the bank, but microfinance organizations are quite willing to give money to borrowers with a bad credit history. With good service, positive information about the borrower will be transmitted to the Credit History Bureau, which over time can cover up early negative information.

Collectors call relatives and friends.

In accordance with Art. 5 Federal Law No. 230, collection organizations can interact with relatives, family members and other third parties only if the following conditions are met:

there is the debtor’s consent to interact with third parties;
third parties do not express their consent to such interaction.

Remember the main thing: other people's financial obligations are not the basis for constant calls from collection agency employees. And even more so, someone else’s debt is not your debt burden, no matter how much you are assured of the opposite. The only exceptions are guarantors and co-borrowers of the debtor. You have the right to refuse such telephone conversations. If refusing to communicate with debt collectors does not stop the “telephone terror,” then file a complaint with the competent authorities.

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Beat, be rude, threaten children

Sometimes debt collectors go beyond all limits in their attempts to recover overdue debts. If the debt collector begins to threaten violence or use physical violence, the borrower has the right to write a statement against him to the prosecutor's office. These actions are considered criminal offenses.

If the collector begins to use obscene language during a conversation, to be rude and humiliate the debtor, then he can be reminded of Art. 5.61 of the Code of Administrative Offenses of the Russian Federation, which provides for fines for such actions. They can range from 3 to 50 thousand rubles if they were committed by an individual. It is advisable to record every conversation with a collector; the interlocutor must be warned about this.

How often can debt collectors call?

To protect debtors from illegal attacks on their rights and freedoms, the legislator introduced the following restrictions:

Collectors do not have the right to contact the debtor at night.
The permitted time period for direct interaction between collectors and debtors is:
— from 8 to 22 hours on weekdays;
— from 9 to 20 hours on weekends and non-working holidays.
Furthermore, in accordance with Art. 7 Federal Law No. 230, the following quantitative restrictions were introduced:
— personal meetings with the debtor can be made no more than once a week;
— they can call no more than once a day, 2 times a week and 8 times a month.

The legislation also specifies categories of citizens with whom collectors cannot contact through calls and messages. These include:

citizens declared bankrupt;
persons recognized as incompetent or partially capable;
persons undergoing treatment in inpatient facilities;
disabled people of group I;
minors (except for emancipated ones).

Collectors can call and write to the debtor within 4 months from the moment the loan is overdue, after which the debtor has the right to refuse to communicate with collection agency employees.

If the number of such calls, messages and meetings between collectors and the debtor exceeds, the latter have the right to report a violation of the law to the Federal Bailiff Service. It is the bailiffs who have the right to control and punish collection organizations for their unlawful actions. Otherwise, a fine may be imposed on unscrupulous collectors. And in case of more serious excesses there is criminal liability.

How to communicate with collectors?

When calling collectors, the following rules must be observed:

It is your right to communicate or not to communicate with employees of collection organizations. The debtor will not be held liable. Neither administrative, nor civil, nor criminal. However, the fact of refusing to communicate with bank representatives or collection agency employees can also have negative consequences.
In the case of a judicial resolution of the issue of repayment of overdue debt, this may serve as a reason that the debtor did not follow the path of pre-trial settlement of the dispute and, accordingly, did not try to find compromises for repayment of the debt.
Make sure that the caller is indeed an employee of a collection agency. If the collector has not introduced himself or indicated the name of the organization he represents (although, by law, he is required to do so), ask him to do so. You can check the legality of the activities of the named collection organization through the state register of collection agencies on the website of the Federal Bailiff Service.
If you do communicate with debt collectors, then remain calm. Don't show emotion. Listen to the caller without interrupting. Behave confidently during the conversation and do not make excuses. Do not be disrespectful, rude or insulting. You are also responsible for any unlawful acts.
Be sure to make audio recordings of conversations. They can serve as confirmation of the fact that collectors have committed illegal actions, including during legal proceedings.

Describe property without a court order

Only bailiffs have the right to take an inventory of property and only if there is a corresponding court decision. Only they have the right:

enter the debtor’s home without his consent;
seize property and bank accounts;
confiscate individual items.

Collectors do not have such powers. They, of course, can estimate the approximate cost of the debtor’s apartment or car so that, on occasion, they can skillfully mention this in a conversation. They do this to intimidate the borrower, because many are afraid of losing their property because of loans.

Help with calls from collectors.

If the debtor has become a victim of unlawful actions on the part of collection organizations, you need to contact the following bodies and organizations:

Bank. A written application to the head office of the bank where the loan was issued, with an application to withdraw your consent to the processing and transfer of personal data to third parties. You can also report unlawful actions of debt collectors to the bank. Often the bank administration does not want problems and goes to meet the debtor, eliminating violations that have arisen with employees of collection organizations.
Federal Bailiff Service. For any actions that seem illegal to you, you can contact the Federal Bailiff Service. They not only deal with enforcement proceedings based on a court decision, but also accept citizens’ appeals regarding illegal actions of collection agencies.
Police. The police are contacted if threats of murder, bodily harm, property damage, or threats against relatives have been used against the debtor.
Prosecutor's office. Considers any violations of current legislation.
Rospotrebnadzor. Receives and considers consumer protection complaints.
Roskomnadzor. If legal quantity requirements are violated, call times.

If debt collectors call you, remember a few simple rules.

Telephone calls, personal meetings, and mail messages are actions of debt collectors permitted by law.
Collectors cannot call at night. The permitted time period for communication between employees of collection agencies and debtors: from 8 to 22 o'clock on weekdays, from 9 to 20 o'clock on weekends and non-working holidays.
Number of allowed calls: no more than 1 time per day, 2 times per week and 8 times per month.
Calling collectors must introduce themselves, name the organization they represent, as well as information about the debt (amount, terms, etc.).
Threatening physical harm, damaging property, or misleading the debtor about the nature of the debt and the onset of adverse consequences (an inventory of property, seizure of accounts and cards, withholding part of wages, etc.) is not allowed. For such actions, collection organizations are punished, including criminal liability.
Calls to relatives, family members, and employers are possible only with the consent of the debtor and the absence of disagreement of third parties.
The debtor must contact the bank that issued the credit (loan), the police, the Federal Bailiff Service, the prosecutor's office, Rospotrebnadzor, and Roskomnadzor regarding unlawful and illegal actions of collection organizations to return an overdue debt.
Try to conduct the conversation calmly, do not stoop to insults.

Communication with debt collectors is always unpleasant for a debtor, but there is no need to be afraid or nervous, because the law protects you from dishonest actions.

However, if you are unable to repay the debt, it is better to turn to professionals who will help you get out of this situation with minimal losses. Contact our lawyers for free legal advice

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