Lately we often hear on TV about the atrocities committed by the employeesof collection agencies: arson, vandalism, physical attacks. In the minds of the people the collector has become a kind of a bouncer from the 90’s, ready to maim for the debts of any. A logical question arises: how to protect yourself from these people?
On April 12 the Russian state Duma adopted in the first reading the draft law on the protection of the rights of borrowers when the debt collection. What is known about the law, will he be able to protect debtors from collectors and not “untie” your hands delinquent? Let’s find out. Questions on the document, the correspondent of IA “SeverInform” asked the lawyer.
What document was previously regulated the activities of collectors? Whether it was legitimate?
Direct regulation of such activity never existed. Collectors are required to follow the current legislation of the Russian Federation in the part in which it concerns them. The activities of collectors has never been illegal in the truest sense of the word. Of course, the activities of individuals was and is a criminal offense, but only if the collector commits a criminal offence. Just as each of us, collectors are subject to the provisions of the administrative code, and other laws.
Why had no one tried to control them?
Now return to the debt are governed only in part of consumer credit in the relevant law. There have been several attempts to pass a law that would spread to recover any overdue debt transferred to collectors, but all the projects for one reason or another never made it to discussion. Earlier the problem was not as sharp. In conditions of financial instability in the country resulted in many defaulters. And appear (or already implemented) increase the risk of fraud collectors. Therefore, the government had to attend to this issue seriously.
Is it possible to say that with the adoption of the law on the collectors, they are recognized as a class, that is, made legitimate?
Yes. This became necessary. Speaking of collectors, let’s just won’t submit to the terrible news that we often hear. The collection business is developing in Russia for more than 10 years, and it is not always possible to put an equal sign between the collector and bouncer of the debt. The task of the collector is to remind the debtor about the existence of the debt and keep your finger on the pulse. How does a debtor who’s going to pay, what explains the non-payments and so on.
The objective of the bill is to create a clear legal framework in which collectors can operate, determine how they should act, their rights and responsibilities, conditions of entry to the market data services. Therefore, giving the appearance of the collection legitimacy is the right and, in my opinion, a timely step.
What is the responsibility of the heads of collection agencies for the actions of their employees? Is there a precedent for punishment for the misbehaviour of collectors — the burning of the house with a child, beatings, etc.?
Of course, the bear, including criminal if investigators manage to prove a causal link between the actions of a subordinate of the collector and his supervisor, who gave him illegal order.
“The new bill expressly prohibits the use by collectors of physical force and the threat of its use”. The question arises: what it previously was? Does not duplicate the new act (still a bill) criminal code, which prohibits it? Wouldn’t it be easier to ban headers?
Yes, indeed, the act duplicates existing legislation before too, it was impossible to use physical force or threaten its use. It was and is a criminal offence. In this respect, the duplication is of a declarative nature and is directed primarily to the fact that no one had any doubts.
Disallow collectors, in my opinion, it is impossible. It is a kind of Institute pre-trial settlement of debt. Ban collectors will inevitably lead to increase the burden on the courts and court-bailiffs.
What is fundamentally new in this document?
First, the bill, as previously stated, recognizes this institution as a collection Agency, (the reservoir) and outlines the extent to which the activities of such agencies will be legitimate. Secondly, set clear requirements to the organizations that have positioned themselves as a collection Agency: the authorized capital of not less than ten million roubles, the insurance activity, mandatory registration, prohibition of employment of persons with criminal records and other. Third, in detail spells out the rights of all parties. So the collectors can communicate with the debtor only in person, through correspondence, telephone calls and via electronic communication. Determined to make the time. It is impossible to call more than once a day, and to write — more than two times.
The most important right of a debtor is the right to refuse certain types of communication to the collector (personal meetings and phone calls). For this, you will need to submit an application.
That is, a person may completely “cut off” communication with collectors. In fact, they will only be able to write him letters. Do not untie the hands is a delinquent?
I believe that these tools are intended to change the methods of collectors and turn them into some kind of financial consultants whose task will be to help the debtor get out of a difficult situation. The law actually provides for the right of the debtor to limit the collector in interaction and thereby to protect themselves from creditor calls. But do not forget that the mechanism of judicial protection and forced debt recovery by bailiffs has not been canceled, and the bailiff is legally entitled and home of the log, and things personal to arrest and compulsory drive to make.
Will the new law really protect people from collectors?
I hope so. The collection Agency, which will operate under the new law, will be made in the register and will cherish their reputation, because retribution for unfair actions for them would be very severe – exclusion from the register without the right to continue the activity. These collection agencies will make every effort to earn a positive reputation and may become true financial advisors and will help people wishing to get out of difficult situations.
The portion of collectors who today are using unlawful means (threats, physical violence, etc.) will remain outside of the legal field. This means that their activity is already illegal. In the explanatory note to the draft law stated that it is planned to amend the Code of administrative offences and to provide for the responsibility.
What tools of influence on the collectors will use? Who will control the collectors, that is to enforce the law?
Is expected to monitor the activities of collectors will be the Central Bank of Russia and its units. The most important, in my opinion, an instrument of influence is the ability to exclude collection agencies from the register and ban its activities, and of course the administrative responsibility of agencies, their employees and managers.
Another measure of the impact of reservoirs is the ability of the debtor whose rights are violated to recover damages and moral harm.
