Where to complain about debt collectors + sample statements

Debt to a bank or former business partners is a serious cause for concern. And the intervention of a collection agency only aggravates the situation. Frequent calls, threats, promises of physical violence - all this unsettles the debtor and causes damage to his health.

Do collection companies have the right to act in this way? What are the requirements for their work from the current legislation? And what should you do if debt collectors threaten you: they call you on the phone, send you intimidating messages, or lie in wait at your house? Ekaterina Antonova told FAN journalist about the rules of behavior in such a situation .

photo from the personal archive of Ekaterina Antonova /

Laws regulating collection activities

To determine the grounds for filing complaints against debt collectors, you need to know the law that governs their work.

Collection companies are professionally engaged in debt collection, and their work must comply with Law No. 230-FZ - this is the main governing document in the field of collection activities, defining the rights and responsibilities of debt collectors. If collectors violate the law and the rights of the debtor, they face administrative or even criminal liability.

It is difficult to independently understand the norms of laws and judicial practice if you do not have a legal education. We have written down the main articles to refer to when talking with a debt collector and when preparing a complaint.

You can also contact our lawyers, who will explain the nuances of the legislation and help you correctly draw up a complaint or application against debt collectors.

They are threatening me over the phone, what should I do?

If collection specialists call the debtor’s number and threaten him with physical harm or exert psychological pressure, for example, by keeping silent on the phone, follow the algorithm:

• inform the interlocutor that the conversation will be recorded;
• record the dialogue using a mobile phone voice recorder;
• hand over the recording to the police and file a report.

Telephone threats are subject to criminal liability under Art. 119 of the Criminal Code of the Russian Federation. The maximum sentence for this crime is 2 years in prison.

What actions of collectors are considered legal?

The work of collection firms initially causes negativity on the part of the debtor, his relatives and friends. However, such activity is completely legal if the claimant:

• represents the interests of a bank or microfinance organization under an agency agreement;
• bought out the debt on assignment.

Therefore, when you first talk to collectors, immediately clarify on what basis they are demanding the debt from you. You can write down the date and number of the assignment agreement, and request copies of documents on the sale of your debt.

(17.4 KB)

It makes no sense to file a complaint against debt collectors with the FSSP or other authorized bodies as long as the method of debt collection complies with the law. The operating rules are listed in Art. 4 and art. 7 Federal Law No. 230. What the collector has the right to do:

Collection agencies are required to:

• be in the FSSP register and have a certificate;
• report the grounds for debt collection, information about the company and its specialist, the amount of debt and interest;
• interact only with the debtor himself, but not with his relatives, colleagues, friends (except for guarantors, co-borrowers and heirs who received the debts of the deceased borrower);
• comply with the requirements of Law No. 230-FZ regarding the number and time periods of calls, SMS, personal meetings;
• observe the principle of inviolability of home and private property;
• respect the rights of citizens, including the protection of personal data and personal integrity;
• stop interaction after receiving a written refusal from the debtor or filing an application for bankruptcy.

If the collection company complies with these requirements - the employee calls twice a week, communicates politely in a businesslike tone, the appeal will not bring results. Since they have few rights, such companies usually treat the debtor quite flexibly and it is quite possible to agree on installment plans and a discount with them.

Violations of the law are often committed by “black” illegal collectors who are not on the FSSP register. In this case, the most effective protective measure would be to contact law enforcement agencies.

If they require a personal meeting with the debtor

Creditors have the right to meet with the borrower no more than once a week. To do this, they call and schedule a convenient time and place.

Don't shy away from meetings. Set up a meeting in a public place, and bring someone you know with you to act as a witness if employees exceed their authority . In the presence of third parties, collectors behave more restrained and calm.

If you avoid meetings with collection specialists, they may unexpectedly show up at your place of registration or at the debtor’s place of work. Such actions can take you by surprise, so agree in advance and mentally prepare for an unpleasant conversation.

When to file a complaint?

If you cannot agree on a discount with the debt collector, you should file a complaint even for the first and single violation. If a collection company commits many minor or two serious violations, it may be excluded from the FSSP register, deprived of its certificate and prohibited from working in the debt collection market. The same consequences occur with systematic violations committed during the year.

If you ignore a minor violation of the law, debt collectors may feel impunity and move on to more serious actions. For example, insults in a conversation can turn to threats, real violent methods. Not only the debtor himself, but also his family members and close people can suffer.

Sample complaint to the prosecutor's office against debt collectors (18.7 KB)

Where to contact

Which authority to write a complaint to depends on the violations committed by the collectors when interacting with the client:

• disclosure of information about a loan or borrower to third parties - Roskomnadzor ;
• threats, insults, intimidation - police, prosecutor's office ;
• violations in the procedure for transferring a loan to a debt collection company - the Central Bank of the Russian Federation; in this case, measures will be taken not against the agency, but against the financial institution that transferred the data to third parties.

For any statements, additionally duplicate the complaint to NAPCA and the FSSP. These organizations monitor the activities of collection companies and can take their own actions, including depriving the agency of its license.

In what cases can you file a complaint against debt collectors?

Even law enforcement officers usually realize that it is possible to get a criminal record for threats and extortion, so they will not make threats in open text in letters and messages. But in conversations or personal meetings, debtors do not immediately recognize threats to life or property.

If you receive a call suddenly, ask to call back in 5 minutes. It is advisable to record the conversation on a voice recorder and record evidence for filing a complaint. This will help the Prosecutor or the FSSP, when considering a case, quickly recognize the debt collector’s guilt and take action.

As soon as you learn about the possible transfer of debt to collectors, call a lawyer, clarify your options for protection, and prepare for calls and other forms of interaction. Even if the collection company acts within the law, you will be able to behave confidently and keep communication with debt collectors to a minimum.

The debtor should not tolerate the arbitrariness of collectors

The debtor can complain against collectors for any violation in their work. This could be a rude tone, threats, rudeness, violation of rules regarding the number and time of phone calls, SMS and emails. But you must remember that complaints must be supported by evidence.

If collectors threaten

A common form of pressure on a debtor is threats. The goal is to intimidate the defaulter, creating an atmosphere of constant fear and stress.

It happens that debt collectors call and threaten:

• life and health of the debtor, members of his family, relatives, close people;
• damage or destruction of property;
• disclosure of personal data or personal information about the debtor.

Collectors will be held accountable if the threat sounds serious.

To initiate a criminal case, it is not enough to convey the essence of the conversation - evidence is required. It is advisable to record the debt collector’s words on a phone or voice recorder, since the reality of the threat may follow from the intonation of the interlocutor. In a personal meeting, threats are indicated by words and behavior (waving, displaying weapons or dangerous objects). Try to hold personal meetings in the presence of witnesses, in public places.

If debt collectors threaten you, it is better to stop the conversation immediately and not try to argue or insult your interlocutor.

We recommend that you immediately report such facts to the head of the collection organization.

Often, threats are caused by the excessive initiative of a particular debt collector, while his company diligently complies with the law. Legitimate companies will definitely conduct a check on verbal complaints and remove the aggressive person from work.

If property is taken or damaged

Collectors sometimes try to take property to pay off a debt, or damage or destroy it. This is a violation of property rights, an abuse of authority in debt collection. Or such an action is qualified as extortion, theft, or fraud.

Only FSSP specialists have the right to seize property and confiscate it for subsequent sale.

If a debt collector tries to take things by force, contact the police immediately. If the collector threatens to take away or damage the car, we recommend leaving the car in guarded parking lots, or in a place with CCTV cameras. If there is a real threat of property damage, you should also contact the Ministry of Internal Affairs.

If the number and time of calls are violated

Law No. 230-FZ clearly defines the limits on the number and time of interaction between collectors and debtors. For example, calling and visiting a defaulter’s home is allowed from 8 a.m. to 10 p.m. on weekdays and from 9 a.m. to 8 p.m. on weekends. There are also restrictions on the number of calls, SMS, and meetings.

If these rules are violated, you have the right to:

• do not answer calls, add the number to the blacklist;
• avoid personal meetings, do not open the apartment door;
• ignore SMS and written complaints;
• file a complaint against the collectors with the FSSP.

The law also allows you to send a written refusal to any form of interaction to the collection agency.

(19.1 KB)

After receiving such a letter, debt collectors have no right to harass the person with calls and messages. If you have the means, offer to buy your debt from debt collectors to close the issue.

If there is no money, the collectors will initiate legal proceedings and then transfer the case to the bailiffs. We wrote in this article how to communicate with bailiffs.

If the bailiff comes to the conclusion that there is nothing to take from you, he will close the case for impossibility of collection, and then you will get a chance to write off your debts through free out-of-court bankruptcy.

If they contact relatives

By putting pressure on relatives and threatening them, collectors force the defaulter to hand over money and property. This behavior violates the law, since it is only allowed to interact with the defaulter himself. However, if you are on the run, then collectors have the right to inquire about where you are.

There is an exception - you are allowed to call and talk with guarantors and co-borrowers on the loan. Check the terms of the loan agreement.

It is legal to demand a debt from a relative who is the heir of a deceased defaulter. Such succession occurs if the heir received a certificate from a notary. The demand for debt repayment from heirs can be made only within the limits of the value of the inherited property.

If someone else's loan is collected

The requirement to repay someone else's loan is usually caused by an error on the part of the bank, microfinance organization or collection agency. For example, when selling a debt, the namesake’s details were indicated in the contract, after which the collector called a complete stranger.

The error is easy to identify and eliminate during the first conversation with the collector. Indicate what the discrepancy is so that the collection company can immediately double-check the information. To withdraw claims, contact the bank and receive a statement confirming the absence of loans or full repayment of the debt.

If collectors demand someone else's debt or ignore requests, file a complaint with the bailiffs or the prosecutor's office.

Complain about banks and microfinance organizations to the Central Bank of the Russian Federation through the online reception.

(18.7 KB)

If they claim a bad debt

By assignment, the bank can even sell an outdated loan for which the statute of limitations has expired. This does not contradict the Civil Code of the Russian Federation, since all risks of impossibility of collection will be borne by the collection company.

The collection of bad debt is also regulated by the provisions of Law No. 230-FZ. If debt collectors violate the law when interacting with a defaulter, complaints must be filed. In general, with old overdue loans, it is better to send debt collectors to court.

Consequences for a bad debt will occur if the collection company goes to court. The defendant must claim a statute of limitations to dismiss the case.

Sample application for application of the limitation period (29.5 KB)

If the defendant ignores the summons and does not report a missed deadline, collectors can collect even an outdated debt. If debt collectors receive a court order, it can be easily overturned if objections are filed in a timely manner. How to do this - read here.

Practice in resolving such issues

Judicial practice on issues of excess of their powers by collectors has developed ambiguous. When receiving threats, it is difficult for victims to prove that they were in danger at that moment.

If a vague phrase is uttered: “I cannot guarantee your health” or “I do not guarantee that your life will be safe if you default on the loan,” this is not a direct threat, and it will be difficult to hold the debt collector accountable. But the phrase: “I will kill you” is a clear threat, for which a real prison sentence can be awarded .

To achieve justice, record all conversations, save SMS messages and letters on social networks. Even if the intimidation was indirect, contact the police and NAPCA. Creditors are afraid of determined clients who can fight back and defend their rights.

How to complain correctly

To choose which authorities to file a complaint with, it is necessary to assess the nature of the violation and check the provisions of the law. General control over collection activities is carried out by the FSSP.

Based on the results of inspections, bailiffs can:

• revoke the certificate and remove the agency from the register,
• initiate an administrative case,
• impose a significant fine on the collection agency.

There are other departments that are able to stop lawlessness on the part of collectors and protect the interests of citizens and creditors.

Where to file a complaint

Bailiffs accept complaints about any violations related to the work of collectors. The FSSP reports violations by agencies that are and are not on the register, too frequent letters, night calls, extortion and other illegal actions. A complaint can be submitted in person, by mail or online.

During the coronavirus pandemic, the FSSP organized the reception of documents through special boxes installed in front of the entrance to the building.

In addition, the debtor has the right to complain to the following departments:

• the prosecutor's office
  is a supervisory body that considers appeals for any violations of the law. For example, file a complaint with the prosecutor if the bailiffs refused to check the work of the collectors;
• financial ombudsman
  - specialists of this service are authorized to resolve any disputes related to the financial obligations of citizens;
• in the Ministry of Internal Affairs
  - if the actions of debt collectors contain signs of a criminal offense;
• to Roskomnadzor
  - if the collection agency violates the rules of calls and sending SMS, posts the defaulter’s personal data on the Internet, informs colleagues and neighbors about the debt;
• to the Central Bank of the Russian Federation
  - if the violation was committed by a bank or microfinance organization.

Report the collector's actions to the head of the organization at the central office. It also helps to contact SRO NAPKA if the collection agency is part of it.

It is not prohibited to contact several departments at once. For example, if a collector calls, stands guard at the entrance, meetings are accompanied by threats, notify the police, file a complaint with the FSSP and NAPCA.

If you find it difficult to choose an authority to appeal, consult our lawyers.

If a debt collector threatens you for a loan you didn’t take out

A random person can become a victim of debt collection specialists. This may happen due to a simple error by the agency or if the client recently purchased a SIM card, and the debtor is the previous owner.

If creditors are concerned about repaying a loan that the citizen did not receive, proceed as follows:

• find out which agency is calling;
• explain that you are not a debtor;
• in case of repeated calls, write a written statement addressed to the head of the company with a detailed explanation of the error and a request not to disturb.

Send the application by registered mail with notification or take it to the company office in person.

When applying in person, ask employees to stamp the second copy as receipt. In case of repeated threats from debt collectors, contact law enforcement agencies.

How often do Russian debtors complain about debt collectors?

During the period from January to August 2021, our citizens filed 26.2 thousand complaints with the FSSP about violations committed by collection agencies when collecting overdue debts. This is evidenced by statistics from the supervisory body of the overdue collection market - the FSSP. Over 8 months, the service considered 19.6 thousand complaints on the merits, recognizing 15.4% as justified.

This is a little more than 3 thousand complaints. The FSSP has been disclosing monthly statistics on handling complaints only since the beginning of 2021, so the data on appeals from individuals is limited. persons for the same period of 2021 are not publicly available. For the entire 2021, citizens submitted a little more than 37 thousand negative reviews to collectors, and of the applications reviewed, the bailiffs considered 11.6% justified.

President of the collectors' trade union - SRO NAPKA Elman Mehdiyev gives slightly different statistics. According to him, in 2021, only 9% of complaints received by NAPCA about the actions of collectors were confirmed by practice during their investigation.

Over the eight months of this year, the FSSP initiated 2.7 thousand administrative cases under Art. 14.57 of the Administrative Code, which provides for liability for violations when collecting debts from individuals. 77% of them have already resulted in fines amounting to 67.2 million rubles. In 2020, fines were issued in 82.7% of such administrative cases against collectors, and the amount of fines paid was close to 90 million rubles.

It is against collection agencies included in the FSSP register that consumers have begun to complain less frequently. According to bailiffs, in January-August the number of negative reviews of the work of such companies decreased by 6% compared to the same period last year.

But at the same time, the FSSP compiled 28% more protocols on administrative violations, and the amount of fines imposed on professional collectors approached 50 million rubles. (23% increase). “One legal entity was sentenced to administrative suspension of activities,” said a representative of the FSSP.

Application processing time

The standard period for consideration of applications by government agencies is 30 days. But there are a number of exceptions:

• upon receiving a report of criminal acts, a police squad is obliged to arrive at the scene immediately;
• statements about crimes or administrative violations must be verified within 3 days, and in exceptional cases the period is extended to 15 days;
• inspection at SRO "NAPKA" is carried out within 15 days.

Roskomnadzor is also obliged to immediately consider a complaint if the right to protection of a citizen’s personal data is violated. For example, pages with information on the Internet can be temporarily blocked even without a court decision. Permanent blocking with deletion of information and imposition of a fine occurs on the basis of a judicial act.

Sample complaint against debt collectors to Roskomnadzor (18.4 KB)

Prosecution

To correctly draw up an application to regulatory and law enforcement agencies, read the main articles of the Criminal Code of the Russian Federation, under which debt collection specialists can be held accountable:

• 119 – threats;
• 111, 112, 115, 116 – harm to health, beatings;
• 167 – damage to property.

In addition to criminal liability, debt collectors can be held administratively liable under the Code of Administrative Offenses. For example, for obscene language addressed to a citizen, the claimant can be punished in accordance with Art. 20.1 “Petty hooliganism.” For such an act he faces a fine of up to 1,000 rubles.

Against scrap...

All the methods described above are good when the collector is at least somehow inclined to dialogue. But there are also cases when very zealous employees of collection agencies, without waiting for an invitation, break into your house, try to take down the door, shout and insult you without listening to what you say.

You should not respond to aggression with aggression. Don't open the door, call the police. This acts on these bouncers like a tub of cold water. As a rule, such figures retreat before the police arrive, because they know that their actions are a crime, and they will have to answer for it not before the defenseless borrower, but before the law.

Such actions of collectors can be qualified under Part 3 of Article 139 of the Criminal Code “Illegal entry into a home.” The sanctions of this article provide for punishment in the form of imprisonment for a term of up to 3 years. Violation of the inviolability of the home means any illegal entry into a home committed against the will of the person living in it. If you made it clear to the collector that you do not allow them to enter the house, but they still crossed your threshold, then the collectors can sit down for three years.

Even if the collectors were blown away by the time the police arrived, still write a statement. Let the task force collect material, interview neighbors and household members. Even if you don't know the name of the collection agency, tell the police the name of the bank to which you owe money. The police will independently find out which “specialists” the bank hired to collect the debt.

Summary

If a collection service representative threatens a defaulter or relatives, remember:

• the main task of agency employees is to inform about the debt;
• intimidation, insults, physical violence - illegal methods of influence;
• Debt collectors can go to court to force collection of a loan, but they do this extremely rarely;
• specialists do not have the right to damage the client’s property;
• If collectors exceed their authority, contact NAPCA, the prosecutor's office or the police.

More…

1. Where to apply for compulsory motor liability insurance for a victim after an accident
2. What to do if the bank transferred the debt to collectors
3. What to do if the husband took out loans without his wife’s knowledge and does not pay, is the wife responsible?
4. Do debt collectors have the right to sue a debtor?

Carrot or stick?

There are many methods and techniques used by banks to repay debt. The main part of them is psychological pressure. What cannot be said about the working methods of collection agencies is:

• Repeated threatening phone calls to the debtor and contact persons (relatives, acquaintances, neighbors, colleagues);
• Distribution of letters demanding immediate payment of the entire amount of the debt, in which you may be accused of violating the Criminal Code of the Russian Federation;
• Posting advertisements with texts discrediting your reputation and disclosing bank secrets (indicating the name of the debtor and the amount of debt);
• Residential visits.

This is not a complete list of collector techniques. The methods of work of collectors and ways to counteract them are not new. They are widely covered by the media. But despite this (and maybe because of this), these methods cause a person to feel fear and panic.

Bank security officers act more correctly and try to intimidate the debtor within the limits of the law. If a bank employee begins to threaten the debtor with physical violence, then the bank where he works will have major problems with the law (up to and including revocation of the license). Banks cannot threaten the debtor, so they involve debt collectors in collecting problem debts.

Can a bank assign a debt?

Yes, this possibility is established by Art.
382 of the Civil Code of the Russian Federation and Art. 12 of the Federal Law “On Consumer Credit (Loan)”. Since 2014, the debtor is no longer required to consent to such actions. However, the bank must send you a notification within a month about the transfer of your contract to another company. The bank can do without transferring the overdue debt to a third party. And then the role of collectors is performed by his own employees, acting according to internal instructions. As a rule, these are the most loyal debt collectors - you can negotiate with them on debt restructuring.