Every third Russian who took a loan from a bank managed to evaluate and faced the work of collection agencies. After all, the methods of work of these organizations are night calls, messages with threats to you and your relatives, visits to work and home without an invitation, etc.
According to the law of the Russian Federation, contacts between the debtor and the creditor (colletorsky organizations) are limited by time - on weekdays from 8:00 to 22:00 and on weekends, holidays from 9:00 to 20:00. The organization of a meeting at another time is carried out only with the written consent of the debtor, and then he has the right not to give it (clause 3 of article 15 of Law N 353-FZ). Collectors have the right to write letters, messages and call a mobile (landline) phone, make an appointment and meet with the borrower. When meeting with a collector, the following documents may initially be required to verify his identity:
- identity document;
- a power of attorney certified by the head of the organization;
- a copy of the contract, on the basis of which he has the right to demand a debt from you.
If you are refused to provide the above documents, then you have the right to stop communicating. If the documents were provided, then you have the right to continue the dialogue and the employee of the collection agency must name his position, the name of the organization he represents at your meeting, and the legal address of its location.
The law clearly states what collectors have the right to do and what not. According to Art. 25 of the Constitution of the Russian Federation, a citizen has the right to the inviolability of his home, that is, not to let the collectors into his own house. Only bailiffs have the right to enter the apartment without your permission, and then on the basis of an executive document.
Collectors do not have the right to threaten, humiliate, apply physical measures to the debtor. If the collectors have resorted to this method of communication, then it is necessary in every possible way to record (take pictures, video), invite witnesses and contact law enforcement agencies, as well as to transfer materials to the prosecutor's office. Subsequently, such illegal behavior may result in administrative or criminal penalties.
