It is enough to know a few very simple rules in order not to fall for the bait of the collectors.
Recently, quite often, many people have to deal with collectors. I also had to meet with them, or rather my brother first. About 10 years ago, he had to borrow a TV set for his young family and, unfortunately, get into an accident after that. He was seriously injured, then months in the hospital, long rehabilitation, of course, at very high costs.
Loan obligations were ignored at that time, and the bank did not begin to squeeze this debt by hook or by crook (there are human people there, it turns out). However, at the end of 2018, the collector calls his brother and announces that the bank has sold the debt to a collection agency and offers to meet and discuss a payment scheme for that very 10-year debt! Well, at this stage, the brother decided not to risk it and to involve his sister, that is, me, nevertheless there is legal experience, and experience in the work of a bailiff. The meeting was on the street, near the hotel. The collector offers his brother to agree with the debt, well, it seems like he took it, give it back! We, he says, removed all the interest for you, left only the main debt, made the payment by installments and you have to pay a penny! He pops a document with the name "Agreement" for signature and promises a clean credit history. It falls into my hands, ruthlessly torn and the meeting place with the collector, me and my almost hypnotized brother, leaves.
Well, now let's legally approach this situation. According to Art. 198 of the Civil Code of the Russian Federation, the general limitation period is applied to credit relations, which is 3 years and the transfer of debt to collectors does not affect this period. Those. this was the period when the bank had the right to defend its rights, to carry out work on debt collection, but if nothing was done, then the term, naturally, expires. And according to Art. 200 of the Civil Code of the Russian Federation, the limitation period begins from the moment when the person found out about his violated right: in our case, from the moment of the first non-payment of the loan, somewhere 6-7 years ago.
In addition, in Art. 385 of the Civil Code of the Russian Federation states that the debtor must be properly notified by the bank or collection agency that the right of claims for the debt has indeed been transferred. The borrower has the right not to repay the debt until such time as the documents for the sale of his debt are presented to him. Those. our respected collector should have provided us with at least either:
- agency agreement (when the creditor bank, but on a reimbursable basis, the right of recovery is transferred to the collectors)
- cession agreement (debt is sold to collectors and they become your creditors)
In practice, there is such a situation when, after the expiration of the limitation period, the collectors are actively involved in the collection of funds. In our case, the whole point was in the very agreement that was proposed to be signed. By putting his signature, the debtor agrees to interact with the collectors and thereby recognizes his debt, and the statute of limitations begins anew. Collectors go to different tricks to get reciprocal interaction from the debtor, therefore, if the bank has not collected a loan from you for several years and you have not made even meager payments on this loan, you should remember a few rules:
- do not sign any document proposed by the collectors (payment schedules, notifications, agreements, etc.)
- do not answer "yes" in reply SMS sent by the collection agency
- not answer yes or not speak at all on the phone with the answering machine of the collection bureau
- do not sit in the car to the collector for a conversation (there are usually recording devices there)
- in a personal conversation with the collector about "long-term loans", limit yourself to the words that you are ready to discuss this only in court.
And even if an employee of a collection agency threatens you with going to court to restore the statute of limitations, explain to him that this will not help him, since your right to declare in court the application of Art. 198 of the Civil Code of the Russian Federation (limitation period) has not been canceled.