Many debtors who, for some reason, stopped fulfilling their obligations under the loan agreement, ask themselves the question: does the bank have the right to transfer the debt to a collection agency?
Is it legal to transfer debt to collectors
Take your loan agreement and start reading it carefully. Now the bank includes a variety of items in it to protect itself. And if your loan agreement mentions the right to transfer debt to third parties, you yourself signed an agreement to work with collectors in case of non-payment of the debt.
If there is no clause on the transfer of debt in the contract, but the collectors continue to bother you with calls, feel free to go to a trusted lawyer for advice. This case can be brought to court and won, since the transfer of the debt was illegal.
Bank employees are not required to warn you about the transfer of debts to a collection agency. First, the bank's debt collection department works with you, and then the debt is simply resold. It is not profitable for them to engage in debt collection. When this happens depends on the bank. It usually takes 60 days from the date of delay in the last six months.
When the debt is sold, you don't have to pay anything to the bank. The collection agency informs you about the amount owed and how to pay off the debt.
What debts the bank can sell to collectors
- The contract contains a clause on the possibility of debt collection by third parties;
- You have an overdraft credit card;
- Consumer loan;
- Loan up to 300,000 rubles;
- The loan was taken without guarantors and collateral.
How to know that a debt has been transferred legally
The agency to which your debt is transferred must send you a written notice on letterhead with an outgoing telephone number, seal and signature. This is legal notice. From now on, your debt has been transferred. The basis and procedure for the transfer of the rights of the creditor to another person is stated in the Civil Code of the Russian Federation. Section 382.
When the loan is transferred to third parties, the debtor's account with the bank that issued the loan is closed. If you decide to pay the debt without huge fines to the bank, it will not work. You will have to work with the company to which your debt was assigned.
If the collection agency does not have an agreement with the bank on the full transfer of the debt, their claims are not legal.
How to distinguish collectors from scammers
Keep in mind that now collectors cannot call you at any time of the day or night, as they did several years ago. All conversations are recorded. Be sure to record conversations on your phone as well. More details about the protection of rights and interests in the implementation of activities to recover debts are written in the federal law of 03.07.2016 No. 230. In accordance with this article, agency employees can call no more than 1 time a day, 2 times a week. If you hear threats, calls are received more often than the established limit, this is already extortion.
Also, the employees of the collection agency do not have the right to demand the entire debt at once.
The employee of the agency who bought the debt has the amount owed and information on the loan. You can ask the employee to mail you copies of the agency credentials. If you are denied, you can safely write a complaint to the prosecutor's office and Rospotrebnadzor.
Never give money to someone personally. Pay only via bank transfer.