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Probably, many of you have met the office, or at least heard about it. And you may have heard about it on the occasion of the debt to Russian Standard Bank, once the leader in consumer lending.
So, this collection agency was created as a third-party organization that supposedly had nothing to do with the Bank itself. In fact, both Russian Standard Bank and Debt collection agencies There was originally only one pocket. It’s just that legally they seemed to have nothing in common.
It was very convenient. The bank temporarily transferred Debt collection agency problematic contracts to work. The debtor saw that other people were starting to deal with it (all this began at the dawn of collection arbitrariness) and was in a hurry to get rid of the debts, because he did not know what it could lead to.
The Bank itself temporarily removed problem assets from its balance sheet and looked in the eyes of the Central Bank and foreign partners as an unsinkable financial monster, confidently taking the top of bank ratings.
Subsequently, having gained experience, I began to take on debts from other banks. They worked under an agency agreement. That is, the bank did not give them the debt forever, but just to work for a while. And they received a percentage of the amount collected. At the same time, the bank did not lose its right to claim under the loan agreement.
Recently, it has become more profitable not to take out debts for a while, but to buy them for good. The bank sheds ballast, and by buying debt for pennies, it can earn more interesting amounts. It's cool that for the purchase of problematic contracts Agency takes out a loan from the same bank from which it buys.
I am telling you all this so that you know how to behave if you suddenly have to encounter representatives of this nice office. They knew what they wanted and what you could do.
I'll tell you with my own example.
A week ago, by registered mail from Moscow itself, I received a notification from Debt collection agencies. Say, I owed Russian Standard Bank money and didn’t pay it on time, but now they, that is, Agency, they bought my debt and now I owe them. The letter was signed by the Deputy Director himself Debt collection agencies for operational work, by a certain G.A. Karamnov. I wonder who allowed collection agencies to do operational work!? But we'll find out later!
I'm starting to deal with my debt. It turns out that after my dismissal from the Bank, some payments were recalculated for me, and I still owed something. Five years later, this something turned into 20 thousand rubles. The amount, in general, is not astronomical, but I had absolutely no plans to withdraw it from family budget in favor not even of the bank, but Debt collection agencies.
Therefore, I directed all my righteous anger towards clarifying the circumstances. First of all, I wrote a scrawl to this same Karamnov with a request to confirm to me his right to demand this very debt from me. Namely, send me certified copies loan agreement, assignment agreements, debt structure (principal, interest, penalties), as well as the repayment schedule and movement in my opinion personal account. If he really is the owner of my debt, he should have all this information.
At the same time, I sent a letter to the Moscow Prosecutor (by legal address Debt collection agencies) with a request to give a legal assessment of the actions of the bank, which did not attempt to collect the debt from me for a period exceeding the term limitation period. And also check the legality of transferring the debt to a third party, that is Debt collection agency.
I have not yet received a response from any address, but I have received a call from the regional office Debt collection agencies. They invited me to a meeting to clarify my intentions regarding the issue of debt repayment.
I really hoped that there would be some attacks (it would not be out of place to get some money for moral damage). Not at all, the intelligent young man limited himself to appealing to his conscience and advising him to go to the bank and figure out the reasons for the debt.
I have excellent relationships with all my colleagues with whom I have ever worked, anywhere. I also have many friends who still work at Russian Standard, but let’s not confuse people and the office. It’s not like I owe them anything, and my debt to the bank is in great doubt. Therefore, in in this case, I do not accept any oral negotiations, but only official responses to official requests.
The result of my relationship with Debt collection agency, perhaps, is clear. They won't sue me because they have no legal prospects. In addition, this will waste a lot of time, during which they will be able to talk more pliable clients (this is a business).
The question is, will I sue? It all depends on whether I see any clue to make money from this. It’s a shame to waste time on simple nonsense. Although there is an option to declare the activity illegal through the court Debt collection agencies basically, to create a precedent. The idea is spared neither effort nor time.
But, I’ll tell you a secret, I’m currently busy with a showdown with another bank. The result will not be quick, but in about four months I will definitely tell you how to recover moral damages from the bank if you were denied a loan. I am already being offered a six-figure sum to resolve the issue peacefully, but I plan to increase it by an order of magnitude.
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The collection services market in Moscow is presented big amount debt collection firms. The specialization of such companies is the provision of debt collection services from non-obligatory borrowers. The concept of collection service came to Russia from the USA. The role of such a company can be represented as an intermediary between the lender and the borrower who has not paid the money lent to him. The collection organization undertakes the obligation to ensure payment of the debt, for which it charges a certain percentage from the client (creditor bank).
The issue of legislative regulation
The volume of lending to the population continues to increase, but along with it, cases of non-payment are also increasing Money. Specialized organizations help you get your money back. For example, in 2012, with the assistance of collection bureaus, about 45% of overdue debts of borrowers were sold. These numbers did not decrease in 2013 either.
How do collection agencies work?
The work of a collection company with a person or organization that owes money, as a rule, follows the same scenario.
The main tool that employees of an organization use is psychological pressure, which can manifest itself in both mild and quite severe forms. Work with the debtor can be divided into two stages:
- The company's employees call his home and work numbers, send SMS messages and notification letters, demanding repayment of the debt. These steps apply to early stages works and are characterized by the provision of softer arguments.
- But after a short period of time, company employees come to the borrower’s home address and demand to repay the loan, while using more harsh arguments, sometimes turning into threats. Of course, physical harm does not occur, but the main task company - debt collection without recourse to judicial authorities - is successfully carried out.
Borrower protection
As a rule, an agreement is concluded between a credit institution and a debt collection office, which can be either a purchase and sale agreement for obligations or agency contract. The borrower has every right to demand the provision of this document.
It is necessary to involve a professional lawyer who will help study the legality of the documentation provided by the agency, as well as the legality of the organization itself. Exists a large number of laws allowing to protect the interests of the injured party (debtor). Thus, Article 857 of the Civil Code of the Russian Federation indicates that the bank does not have the right to transfer the client’s personal data to a third party, which cannot be observed in the case of a collection company.
- Date of: 07.12.2009
GRN: 1097746780460
Tax authority:
Reason for changes: Creation of a legal entity
Documentation:
- P11001 Application for the creation of a legal entity
- Legal Entity Charter
- Decision to create a legal entity
- Letter of guarantee
- COP.SET.
- REQUEST.QUIT.
- Application for transition to simplified system taxation - Date of: 07.12.2009
GRN: 7097748968410
Tax authority: Interdistrict Inspectorate of the Federal Tax Service No. 46 for Moscow, No. 7746
Reason for changes: - Date of: 09.12.2009
GRN: 8097748094799
Tax authority: Interdistrict Inspectorate of the Federal Tax Service No. 46 for Moscow, No. 7746
Reason for changes: - Date of: 10.12.2009
GRN: 8097748172240
Tax authority: Interdistrict Inspectorate of the Federal Tax Service No. 46 for Moscow, No. 7746
Reason for changes: Submission of information on registration of a legal entity as an insurer in executive body Fonda social insurance Russian Federation - Date of: 11.03.2011
GRN: 6117746505651
Tax authority: Interdistrict Inspectorate of the Federal Tax Service No. 46 for Moscow, No. 7746
Reason for changes:
Documentation:
- Legal Entity Charter
- EXTRACT + ENVELOPE - Date of: 11.03.2011
GRN: 6117746505662
Tax authority: Interdistrict Inspectorate of the Federal Tax Service No. 46 for Moscow, No. 7746
Reason for changes: Submission of information on registration of a legal entity with the tax authority - Date of: 11.03.2011
GRN: 6117746505673
Tax authority: Interdistrict Inspectorate of the Federal Tax Service No. 46 for Moscow, No. 7746
Reason for changes: Submission of information on registration of a legal entity with the tax authority - Date of: 15.03.2011
GRN: 6117746561894
Tax authority: Interdistrict Inspectorate of the Federal Tax Service No. 46 for Moscow, No. 7746
Reason for changes: Submission of information on registration of a legal entity as an insurer in the territorial body Pension Fund Russian Federation - Date of: 16.03.2011
GRN: 6117746615387
Tax authority: Interdistrict Inspectorate of the Federal Tax Service No. 46 for Moscow, No. 7746
Reason for changes: Submission of information on registration of a legal entity as an insurer in the territorial body of the Pension Fund of the Russian Federation - Date of: 06.09.2012
GRN: 6127747654919
Tax authority: Interdistrict Inspectorate of the Federal Tax Service No. 46 for Moscow, No. 7746
Reason for changes: Submission of information on the issuance or replacement of identity documents of a citizen of the Russian Federation on the territory of the Russian Federation
Documentation:
- Information about changes in passport data of individuals (according to the Federal Migration Service of Russia) - Date of: 27.07.2016
GRN: 2167748472351
Tax authority: Interdistrict Inspectorate of the Federal Tax Service No. 46 for Moscow, No. 7746
Reason for changes: State registration changes made to constituent documents legal entity related to changes in information about legal entity contained in the Unified State Register of Legal Entities, based on an application
Documentation:
- P13001 STATEMENT ABOUT CHANGES MADE TO THE CONSTITUTIONAL DOCUMENTS
- DOCUMENT ON PAYMENT OF THE STATE FEES
- CHARTER OF THE LEGAL ENTITY IN THE NEW EDITION
- DECISION TO MAKE CHANGES IN THE CONSTITUENT DOCUMENTS
- POWER OF ATTORNEY TO PAVLOV O P - Date of: 23.12.2016
GRN: 7167750923454
Tax authority: Interdistrict Inspectorate of the Federal Tax Service No. 46 for Moscow, No. 7746
Reason for changes: Entering information on the re-issuance of a certificate into the Unified State Register of Legal Entities
Documentation:
- APPLICATION FOR RE-ISSUE OF CERTIFICATE OF MAKING AN ENTRY IN THE USRLE
- ENVELOPE
- DOCUMENT ON PAYMENT OF THE STATE FEES - Date of: 17.01.2017
GRN: 2177746384363
Tax authority: Interdistrict Inspectorate of the Federal Tax Service No. 46 for Moscow, No. 7746
Reason for changes: State registration of changes made to the constituent documents of a legal entity related to changes to information about a legal entity contained in the Unified State Register of Legal Entities, based on an application
Documentation:
- P13001 STATEMENT ABOUT CHANGES MADE TO THE CONSTITUTIONAL DOCUMENTS
- DOCUMENT ON PAYMENT OF THE STATE FEES
- CHARTER OF THE LEGAL ENTITY IN THE NEW EDITION
- DECISION TO MAKE CHANGES IN THE CONSTITUENT DOCUMENTS
- SOLUTION 1
- LETTER OF GUARANTEE 1, COPY OF CERTIFICATE 1, CONTRACT 10
- POWER OF ATTORNEY TO PAVLOV O.P - Date of: 17.01.2017
GRN: 2177746385782
Tax authority: Interdistrict Inspectorate of the Federal Tax Service No. 46 for Moscow, No. 7746
Reason for changes: Submission of information on registration of a legal entity with the tax authority - Date of: 17.01.2017
GRN: 2177746385793
Tax authority: Interdistrict Inspectorate of the Federal Tax Service No. 46 for Moscow, No. 7746
Reason for changes: Submission of information on registration of a legal entity with the tax authority - Date of: 23.01.2017
GRN: 2177746524393
Tax authority: Interdistrict Inspectorate of the Federal Tax Service No. 46 for Moscow, No. 7746
Reason for changes: Submission of information on registration of a legal entity as an insurer in the territorial body of the Pension Fund of the Russian Federation - Date of: 23.01.2017
GRN: 2177746525350
Tax authority: Interdistrict Inspectorate of the Federal Tax Service No. 46 for Moscow, No. 7746
Reason for changes: Submission of information on registration of a legal entity as an insurer in the territorial body of the Pension Fund of the Russian Federation - Date of: 24.01.2017
GRN: 2177746627551
Tax authority: Interdistrict Inspectorate of the Federal Tax Service No. 46 for Moscow, No. 7746
Reason for changes: State registration of changes made to the constituent documents of a legal entity related to changes to information about a legal entity contained in the Unified State Register of Legal Entities, based on an application
Documentation:
- P13001 STATEMENT ABOUT CHANGES MADE TO THE CONSTITUTIONAL DOCUMENTS
- DOCUMENT ON PAYMENT OF THE STATE FEES
- CHARTER OF THE LEGAL ENTITY IN THE NEW EDITION
- DECISION TO MAKE CHANGES IN THE CONSTITUENT DOCUMENTS
- SOLUTION No. 11
- POWER OF ATTORNEY PAVLOV O.P. - Date of: 12.05.2017
GRN: 2177747014949
Tax authority: Interdistrict Inspectorate of the Federal Tax Service No. 46 for Moscow, No. 7746
Reason for changes: Submission of information on registration of a legal entity as an insurer in the territorial body of the Pension Fund of the Russian Federation - Date of: 10.10.2018
GRN: 7187749612285
Tax authority: Interdistrict Inspectorate of the Federal Tax Service No. 46 for Moscow, No. 7746
Reason for changes: Changing information about a legal entity contained in the Unified State Register of Legal Entities
Documentation:
- P14001 STATEMENT ABOUT CHANGING INFORMATION NOT RELATED TO CHANGES. ESTABLISHMENT OF DOCUMENTS (Clause 2.1)
- COPY OF THE SUBLEASE AGREEMENT + APPENDICES TO IT 6L, COPY OF THE SUBLEASE AGREEMENT + APPENDICES TO IT 5L, COPY OF THE ACCEPTANCE ACT, COPY OF THE TRANSFER AND ACCEPTANCE ACT, COPY OF THE LEASE AGREEMENT + APPENDICES TO IT 7L, EXTRACT FROM THE USRE 3L 2 PCS
- POWER OF ATTORNEY FOR EFREMOVA M S
A debt collection agency is an organization that provides intermediary services between a creditor and a debtor for the purpose of collecting funds due to the lender under an agreement.
How is it different from collection services? The latter are more focused on putting pressure on the debtor rather than discrediting themselves. Debt collection agency provides more wide range services. It operates within the legal framework. For this reason, contacting it does not promise the creditor problems with the law.
Debt collection services provided
A debt collection agency will be useful to the creditor at almost all stages of debt collection. It is ready to offer the following services:
- Assistance in obtaining or legal;
- An attempt to resolve a monetary conflict on the issue of debt through negotiations;
- Carrying out the stage;
- Representing the interests of the creditor in court;
- Assistance in enforcement proceedings;
- Participation in appealing decisions made by an official that violate the rights of a creditor.
Debt collection agency offers full list services, legal support at all stages of collection of obligations. The services of the office are used by banking institutions, offices providing loans, and individuals. This is a job in demand, because in the 21st century it is rare that a person has not encountered loans and problems in repaying them.
Payment options for services
The debt collection service offers two options for paying for its work, each of which has its own pros and cons:
- A certain percentage of the transaction. The interest rate is approximately 20% if the amount of debt is from two hundred thousand rubles to one million. If it exceeds these volumes, the interest rate is negotiated by the two parties individually.
This option is beneficial to both the creditor and the debtor. The first one can get most obligations. The debtor will be subject to a more lenient impact. At any time, he will be able to agree with the lender on soft payment terms. Banks often accommodate their clients halfway, extending payment terms and forgiving accrued fines; - Selling debt to an agency. This option is usually used for the most problematic debts, since it is not particularly profitable. In this case, the banking or credit institution transfers the client’s obligations to a third party. That is, there is a change of creditor.
This is not very beneficial for banks, as they lose a large amount of funds. This is not the most the best option and for the debtor, since it is more difficult to agree on a compromise with a third-party office. This method is used when the bank recognizes little chance of returning the funds and tries to withdraw at least part of them.
The choice of payment method for services depends on the specifics of the specific situation.
Features of working with a debt collection agency
The following groups of people usually contact a debt collection organization:
- Banking institutions;
- Credit organizations that provide loans with high risks(fast and consumer loans);
- Large financial institutions, in the course of whose activities the need for lending arises;
- Trading networks;
- Individuals who provided a loan against receipt.
The most effective way to deal with debts is to early stage. Therefore, it is worth contacting the agency on time. The first time is the period of the most intense impact on the borrower. This stage includes collecting information about the person, phone calls, notifications. More than half of the obligations are covered during this period.
Who controls the activities of agency employees?
A debt collection agency is a legally registered entity that operates legally. Accordingly, the activities of employees must be legal. In the Russian Federation there are no clear laws regarding collectors and similar specialists, but their work must be carried out within the legal framework.
When agency employees go outside legal field, the debtor has the right to contact law enforcement authorities upon the fact of extortion.
The following actions are illegal:
- Calls at night;
- Threats;
- Dissemination of confidential information;
- Illegal entry of agency employees into a home.
Employees have the right to carry out their activities only if they have a concluded agreement with a bank or other organization. If there is no such paper, the borrower has every right to avoid contact with the office. The following may act as an agreement legalizing an activity:
- Paper on the provision of services;
- Agency agreement;
- A document confirming the purchase of debt by an agency.
If there is an agreement, service employees become representatives of the bank. On this basis they carry out their activities.
What should you do if your obligations are transferred to a third party that collects debts? If the lender works with the service on interest rate, and the debt belongs to him, for an agreement on the terms of payment it is worth negotiating with the borrower. If the obligations were acquired by an agency, you will have to negotiate with it. The second option is much more problematic.
While the owner of the debt is the bank, it is recommended to contact it, explain the reasons for the delay in payments and negotiate payment options on a compromise basis. If you do not yet have the required amount, the institution can provide an installment plan. You should be more careful when dealing with debt collectors. How does debt collection work? individuals, . Some organizations may offer refinancing at another bank with inflated interest rates.
The most effective way to deal with debt is at an early stage.
- Don't hide from experts. This will only make the situation worse. If you actively interact with them, it is much more likely that they will extend your return period and forgive fines;
- Know your rights. Even such an office can apply excessive pressure on a person. To protect yourself from this, you need to memorize what rights an agency employee has. If he acts unlawfully, you can contact law enforcement. In addition, they usually put pressure on people who are not aware of their rights. If a person is well versed in the law, even collectors are afraid to threaten him;
- Check the employee's work for legality. The activities of an office are legal only if there is an agreement between it and the creditor of the appropriate nature.
If there are no agreements, the debt collection service is working illegally. This is a reason to file a complaint about him with law enforcement agencies. If you are unsure about the law, you can consult a lawyer.
How does the agency help during the pre-trial and trial stages?
At the pre-trial stage, the debt collection agency provides the following:
- Negotiating debt issues;
- Notifying the borrower about existing obligations;
- An attempt to establish communication through telephone calls, debt notifications, messages.
The debt collection agency also supports the client at the judicial stage. Bailiffs may not do their job well enough. Employees commercial organization, on the basis of a writ of execution, will help collect debts in short time.
If, in the process legal proceedings, the rights of the creditor were violated, the service’s lawyers will help you challenge the court’s decision, send a statement against the bailiffs for inaction to higher authorities.
In what cases are the services of such a service needed? Usually they are contacted when there is a sufficient amount of debt and its obvious problem. There is no point in ordering such services for small debts, since the work of collectors will “eat up” most of the creditor’s money.
Watch a video about illegal measures to repay a debt by an agency employee and the subsequent punishment:
It is worth remembering that responsibility for illegal measures against the debtor falls not only on the collector, but also on the person who ordered his services. Such violation of the law may result in criminal liability. In addition, this damages the reputation of the lender.
Banks, financial institutions and individuals from time to time face the inability to collect the borrowed amount. The borrower disappears, does not answer phone calls, and if contacts have not been lost, he makes excuses using difficult circumstances or outright refuses to repay the loan. The debt collection agency “Center for Effective Collection” will help you return the entire amount in a short time, without resorting to legal action. We use only legal methods!
How will the collection proceed? Debt collection agency specialists will study the documents and develop an action strategy. We will find the defaulter and talk to him, motivating him to pay off the creditor. Each borrower is offered several options for resolving the conflict, and we also control the refund process.
Urgent collection assistance in Moscow
Our debt collection agency offers competitive prices for collection services in Moscow. Payment occurs only after the borrower returns the full amount to you. We act strictly within the law, helping to collect debts in favor of individuals, financial companies, banks and corporate clients. Any questions? Request a call back!
