Debt is sold to collectors: does the bank have the right to do this? What if the debt is sold to collectors?

Often, now, when arrears arise, it turns out that the debt is sold to collectors. In fact, this is a fairly common practice, especially in Russia. Applies to all indiscriminately. And it is precisely this behavior that causes fear, panic and apathy among citizens. Why? Collector companies do not always act legally and humanely. They face the task: by all means, no matter what, to get rid of debts from the debtor. And all, to the last kopeck, so even in the shortest time. Can they sell the debt to the collectors? Is it legal? What awaits you in such a case and how to deal with this situation? About all this further.

Is there a right

It starts with the legality of the operation. After all, if the bank does not act according to the law, then you can prove it, and then still, as they say, in the black. That is, you will be able to protect their rights. This is quite normal.

Is the debt sold to collectors? On the legality of this action can not be said for sure. Is it advisable only to carefully read the terms of your loan agreement. Why? Because there are prescribed all the items that only can excite the borrower and the lender. So carefully read the document before signing it.

It is often possible to see here an item on the right to transfer debt to third parties. This is precisely what indicates the legitimacy of actions. Can a bank sell debt to collectors? If there is such a mention - easily. Moreover, this kind of event is considered legitimate. If the specified point is not registered in the contract, the transfer of debt to someone is simply impossible.

When

With legality more or less figured out. What's next? When, for example, can you be afraid of collision with collection companies? After all, someone suffers from them, but someone does not. But at the same time both the first category of persons and the second one have arrears.

Can they sell the debt to the collectors? Easily, and lawfully. It is enough to look carefully at the terms of your contract. When exactly can you face this problem? There certainly are no algorithms and recommendations. It all depends on the particular bank. Usually the collectors begin to communicate after the debtor has already accumulated a decent debt. Which exactly? This is already decided by the bank at its discretion. To some people collectors can come after the first month of delay, and someone does not pay for anything and does not fear anything and nobody for years.

In principle, often with malicious defaulters begin to fight in about 2-3 months of delay. Regardless of the amount accumulated. Much less often collectors appear 3 years after the emergence of arrears. Such cases, perhaps, are the most legitimate. But, unfortunately, they are almost unreal. In practice, banks are just running to collector companies, after the first delays in payments.

That's news!

True, not everything is as simple as it seems at first glance. The main advantage operated by banking and credit organizations is that the transfer of debt to third parties does not require the consent of the borrower. That is for you the news about this event can be a surprise.

Does the bank have the right to sell the debt to the collectors? If the contract contains an item on the transfer of obligations to third parties, then it is. And on legal grounds. Otherwise, your rights will be violated. But in practice, this few people care about. Often it turns out that the debtors learn about the resale directly from the collection companies. That is, banks act as they see fit. Although to warn citizens would be worth it. And all this is not even for their sake, but to protect ourselves from these or other consequences. But this is not done from the principle, they present a surprise to debtors in the form of communication with collection companies.

I will not pay

Did the bank sell the debt to the collectors? What to do? To begin with, do not panic. One mention of collection companies often causes citizens to fall into apathy. Do not do this. First, calm down and try to understand that everything is not so terrible as it seems. Despite the fact that the bank transferred "knocking out" debt to third parties, you have your rights. And they can be operated on.

Firstly, you have the right from the new creditor to demand all documents confirming the transfer of the debt, as well as the regulatory actions of a particular firm. That is, you must show evidence of the transfer of debt collection rights . While collectors do not do this, you can not legally pay. In reality, such companies are usually not very busy with paperwork. So, there is a possibility that the bank and collectors are acting by agreement, without any supporting documents. In a similar situation, just do not pay. You have the right to it.

Claims

What if the debt was sold to collectors? The second point of action is the presentation of claims. It is relevant only if they were in relation to the banking organization. That is, you can complain about the collectors.

Remember, this behavior scares many. Collector companies are not bank assistants at all, in Russia this is a real business, in which there are their own unspoken rules of conduct. Often the usual complaint from the debtor can bring a lot of trouble. And all this is due to the fact that the work of collectors is not always legal. Moreover, in Russia now more and more often begin to prove the illegality of this business. So do not be afraid to make a claim.

Easier to pay

Is your debt sold to collectors? Some citizens believe that in this situation it is easier and more logical to get together with the forces and pay off debts. And with all. That all of you are left behind and you could live peacefully.

In principle, this is an option. Especially if you have the opportunity to pay the bills. Why? Because only the absence of debt will distract the collection companies from you. Nevertheless, in practice this kind of technique is used extremely rarely.

Why? It's all about collecting companies. Most often, or debtors do not have a real opportunity to pay for one reason or another, or simply they want to protect themselves. And collectors at the same time with all their strength "knock out" money, violating their rights. So why pay then? How to be in this situation?

A camera with you?

Is your debt sold to collectors? How now to be? In general, it's up to you. But in practice, collector companies are most often acting illegally to intimidate and dislodge debt from the debtor. Regardless of his situation in life. This is wrong and illegal. We need to protect ourselves.

Therefore, always carry a video / photo camera, as well as a voice recorder. And in general everything that can only prove a violation of your rights. The main line of activity of collectors for knocking out debts is nothing more than the damage of another's property. Try to record all such violations, and also have witnesses. You never know, they will need you.

The main thing - do not pay immediately on the bills. If you were not acted against by law, you can not make a payment. Instead, it is necessary to address "wherever" in order to defend own rights. Several years ago this practice was not so often met, but recently such events happen more and more often.

Straight to the court

To be afraid of collectors it is not necessary. In fact, if you approach the issue correctly, you can still remain "in the black." That is, and the debt does not pay, and still with the bank / collection company to recover certain cash. How exactly is this done? Applying to the court!

The main thing here is the availability of evidence that indicates a violation of your rights. Most often, quite a few disinterested witnesses (for example, neighbors), as well as the established fact of damage to your property. Printouts and recordings of calls, pictures of threats and so on - all this can be fixed and presented to the court with a suit.

In this scenario, most likely, you will win the case. And you will not only be removed from debt (especially if the damage is several times greater than the amount of debt), but will also force collectors or the bank to compensate for harm - both material and moral. The main thing is to prove the illegality of the actions of the new creditor.

Anti-collectors

Another modern way out is appealing to anti-collector companies. There for a small fee you will be helped to overcome new creditors. That is, there will be a consultation on further actions, help to apply to the court.

True, such a method in Russia is not so popular, but from year to year it is increasingly in demand. Applying to the anti-collector companies will be able to protect you from illegal collectors' actions, and, most likely, will relieve the debt.