In six years of the crisis profession has evolved from a collector in curios, as they say, "everyone's lips," wrote Today How to protect your rights, if the collector of persistently flout
No wonder, because if the dollar rises by 60%, then the part of borrowers can no longer fully pay for foreign currency loans (such as among mortgage and avtozaymov was up 80%), and the banks say collectors "FAS". But we must admit that more often targets of harassment of collectors are those that are poorly or not at all extinguishes extinguishes a small cash loans for equipment or credit cards. Moreover, such debts are sold wholesale banks collectors, and after the change of lender borrowers must repay the loans are not financial institutions, and debt collection companies.
That is, the collectors are very well entrenched even in Ukraine, and this despite the fact that legally the question of their existence is not completely resolved. "One of the law that would regulate the activities of collection companies in Ukraine yet, so we're working under other legislation - the Constitution, Civil Code, Law" On Business Associations "- says the director of debt collection company UKRBORG Maxim Buryachok. Yes, the collectors are working under the laws and even, together, wrote their code of ethics that can and can not do collector. But, alas, even the professional collectors in private conversations they say that the code - for ticks. What to say about "black" collectors, who "solve problems" of debts in a private manner and without all sorts of codes? So often the promise collectors to follow the letter of the law at variance with reality. Before irons case, fortunately, does not reach, but the pressure and threats against the borrowers do not occur so rarely. And it happens that fall under the distribution and the innocent victims, or long to repay the loan, or, as they say, passed. We tried to figure out how to protect their rights if they persistently flout the collector.
What they are prohibited by law # Make calls from 22.00 to 7.00; # Inconsistent conduct meetings and negotiations with the debtor; # Endanger the life, health and property of the debtor and / or members of his family; # Apply the measures which threaten the honor, dignity, goodwill and other non-property rights of the debtor; # Violate public order; # Provide the borrower making false statements regarding his debt, fines, penalties, etc., in particular, to overstate the amount of debt; # To engage in dialogue with the borrower on behalf of the court, prosecutor, police, etc.; # Distribute confidential information about the borrower, including the closest relatives. Notify the loan and the amount of the debt collector can only be stakeholders, that is very debtor, guarantor of the loan, mortgage lenders and so forth; # Perform any other actions that are contrary to the legislation of Ukraine.
If the debt - not your
Check with a representative collection company that you're concerned about his name, from which he and the company represents the interests of the bank;
check the manual collection company demanding to stop looking for the debtor to your address and phone, because you are not involved in obtaining credit, which is in their development. This can be done in person, and can be a letter (registered with the notification of delivery!). In both cases, we need to add a statement or documents proving that the debtor, which is looking for a collector, not living with you in the same apartment (a certificate from the housing department about registered) and owns the shelter (one of the documents of ownership). The letter also better remind the collector that, according to Art. 20 of the Law of Ukraine "On appeals of citizens", the company must consider your appeal within 1 month;
the same letter to be sent yurdepartamenta manager of a bank or security service (here is to require the borrower to clarify the details of problem and delete your contact details, as the person who is not involved in the question facing the bank debt).
If your loan is sold
The scheme of selling the loan to another lender is regulated by Art. 512-519 of the Civil Code. But you should check whether the credit agreement provides the Bank's right to sell the debt to another creditor. If not, then the sale of your loan can be challenged. Generally the borrower's rights in the sale of credit Reserved. Without permission to change the terms of the loan, for example, higher interest rates, a new creditor (in our case - collecting company) can not "- said partner yurkompanii" Alexei Pooh & Partners Alex Pooh. But there is an exception: if the contract provides for raising rates on loan for the violation of its terms, the rate will still be raised. If the loan is repaid on schedule and without delays, then the borrower change only the details of the account where you want to pay the loan. If the collector bought the "bad" credit, which you have not paid, then get ready for a massive attack and the courts - collectors will knock your up to the last.
How to protect against arbitrary
If a collector threatens and does everything that is listed in "What they are forbidden:
Write a statement to the police and the prosecutor. "In a statement sure to specify that you are under pressure than you think, committed a criminal offense. For example, give the reference to Art. 355 of the Criminal Code of Ukraine, which recognizes the illegal coercion to implement obligations under civil law, ie, the loan agreement. According to this statement the police and prosecutors are to investigate and gather materials. If such statements will be three, the matter be put to a special control "- the Council of Senior Associate SBI" Protection of human consumers of financial services "Anatoly Sobolewski;
If police and prosecutors are idle, to sue in court against debt collection companies. "The lawsuit should not challenge the existence or absence of debt - a question to the bank. The complaint to the collectors need to specify that they have a moral pressure, causing damage to your reputation. When you file a claim, you will become a party to the process, and pressure from the collector must cease. The fact is that if someone comes over to the plaintiff, he falls under the witness protection program, which is a headache for law enforcement authorities ", - said Anatoly Sobolewski. However, for the successful filing of the claim evidence of improper behavior to be proved. This can be audio or video recording, the testimony of witnesses who confirmed that the collector, for example, really put pressure on you or disclose information about your debt.
Personal experience
Kyivlyanyn Vladislav replied collectors "reciprocity":
"Even in 2005, I took credit for equipment, settled with him and forgot about it. And earlier this year received a letter that I owe the bank 80 UAH. With interest and penalties for 5 years stared and 850 UAH. And in case the court with me, threatened to seek the 2500 UAH. (Including all costs). After this, the information attack collectors - a letter in the form of subpoenas and constant phone calls. My statement to the police initially did not accept (say, we leave it), but after complaints militia bosses have tested the debt collection company. At the same time I decided to answer the collectors of "reciprocity": found in the telephone-based home phone number and address of the collector, whose name was mentioned in the letters, he took his personal mobile. And he began to send him a packet of letters with threats to report the illegal activities of the tax, the prosecutor's office, SBU (state bodies are obliged to carry out checks on this kind of treatment of citizens), while calling to him from 19 to 21.45. Collectors "enough" for 1,5 months: he called and invited to leave each other alone. "
Author: Anton Odariuk
No wonder, because if the dollar rises by 60%, then the part of borrowers can no longer fully pay for foreign currency loans (such as among mortgage and avtozaymov was up 80%), and the banks say collectors "FAS". But we must admit that more often targets of harassment of collectors are those that are poorly or not at all extinguishes extinguishes a small cash loans for equipment or credit cards. Moreover, such debts are sold wholesale banks collectors, and after the change of lender borrowers must repay the loans are not financial institutions, and debt collection companies.
That is, the collectors are very well entrenched even in Ukraine, and this despite the fact that legally the question of their existence is not completely resolved. "One of the law that would regulate the activities of collection companies in Ukraine yet, so we're working under other legislation - the Constitution, Civil Code, Law" On Business Associations "- says the director of debt collection company UKRBORG Maxim Buryachok. Yes, the collectors are working under the laws and even, together, wrote their code of ethics that can and can not do collector. But, alas, even the professional collectors in private conversations they say that the code - for ticks. What to say about "black" collectors, who "solve problems" of debts in a private manner and without all sorts of codes? So often the promise collectors to follow the letter of the law at variance with reality. Before irons case, fortunately, does not reach, but the pressure and threats against the borrowers do not occur so rarely. And it happens that fall under the distribution and the innocent victims, or long to repay the loan, or, as they say, passed. We tried to figure out how to protect their rights if they persistently flout the collector.
What they are prohibited by law # Make calls from 22.00 to 7.00; # Inconsistent conduct meetings and negotiations with the debtor; # Endanger the life, health and property of the debtor and / or members of his family; # Apply the measures which threaten the honor, dignity, goodwill and other non-property rights of the debtor; # Violate public order; # Provide the borrower making false statements regarding his debt, fines, penalties, etc., in particular, to overstate the amount of debt; # To engage in dialogue with the borrower on behalf of the court, prosecutor, police, etc.; # Distribute confidential information about the borrower, including the closest relatives. Notify the loan and the amount of the debt collector can only be stakeholders, that is very debtor, guarantor of the loan, mortgage lenders and so forth; # Perform any other actions that are contrary to the legislation of Ukraine.
If the debt - not your
Check with a representative collection company that you're concerned about his name, from which he and the company represents the interests of the bank;
check the manual collection company demanding to stop looking for the debtor to your address and phone, because you are not involved in obtaining credit, which is in their development. This can be done in person, and can be a letter (registered with the notification of delivery!). In both cases, we need to add a statement or documents proving that the debtor, which is looking for a collector, not living with you in the same apartment (a certificate from the housing department about registered) and owns the shelter (one of the documents of ownership). The letter also better remind the collector that, according to Art. 20 of the Law of Ukraine "On appeals of citizens", the company must consider your appeal within 1 month;
the same letter to be sent yurdepartamenta manager of a bank or security service (here is to require the borrower to clarify the details of problem and delete your contact details, as the person who is not involved in the question facing the bank debt).
If your loan is sold
The scheme of selling the loan to another lender is regulated by Art. 512-519 of the Civil Code. But you should check whether the credit agreement provides the Bank's right to sell the debt to another creditor. If not, then the sale of your loan can be challenged. Generally the borrower's rights in the sale of credit Reserved. Without permission to change the terms of the loan, for example, higher interest rates, a new creditor (in our case - collecting company) can not "- said partner yurkompanii" Alexei Pooh & Partners Alex Pooh. But there is an exception: if the contract provides for raising rates on loan for the violation of its terms, the rate will still be raised. If the loan is repaid on schedule and without delays, then the borrower change only the details of the account where you want to pay the loan. If the collector bought the "bad" credit, which you have not paid, then get ready for a massive attack and the courts - collectors will knock your up to the last.
How to protect against arbitrary
If a collector threatens and does everything that is listed in "What they are forbidden:
Write a statement to the police and the prosecutor. "In a statement sure to specify that you are under pressure than you think, committed a criminal offense. For example, give the reference to Art. 355 of the Criminal Code of Ukraine, which recognizes the illegal coercion to implement obligations under civil law, ie, the loan agreement. According to this statement the police and prosecutors are to investigate and gather materials. If such statements will be three, the matter be put to a special control "- the Council of Senior Associate SBI" Protection of human consumers of financial services "Anatoly Sobolewski;
If police and prosecutors are idle, to sue in court against debt collection companies. "The lawsuit should not challenge the existence or absence of debt - a question to the bank. The complaint to the collectors need to specify that they have a moral pressure, causing damage to your reputation. When you file a claim, you will become a party to the process, and pressure from the collector must cease. The fact is that if someone comes over to the plaintiff, he falls under the witness protection program, which is a headache for law enforcement authorities ", - said Anatoly Sobolewski. However, for the successful filing of the claim evidence of improper behavior to be proved. This can be audio or video recording, the testimony of witnesses who confirmed that the collector, for example, really put pressure on you or disclose information about your debt.
Personal experience
Kyivlyanyn Vladislav replied collectors "reciprocity":
"Even in 2005, I took credit for equipment, settled with him and forgot about it. And earlier this year received a letter that I owe the bank 80 UAH. With interest and penalties for 5 years stared and 850 UAH. And in case the court with me, threatened to seek the 2500 UAH. (Including all costs). After this, the information attack collectors - a letter in the form of subpoenas and constant phone calls. My statement to the police initially did not accept (say, we leave it), but after complaints militia bosses have tested the debt collection company. At the same time I decided to answer the collectors of "reciprocity": found in the telephone-based home phone number and address of the collector, whose name was mentioned in the letters, he took his personal mobile. And he began to send him a packet of letters with threats to report the illegal activities of the tax, the prosecutor's office, SBU (state bodies are obliged to carry out checks on this kind of treatment of citizens), while calling to him from 19 to 21.45. Collectors "enough" for 1,5 months: he called and invited to leave each other alone. "
Author: Anton Odariuk
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