Sale of debt collectors. The contract of sale of debts of legal entities and individuals by banks to collectors: a sample

If you are interested in this topic, then, most likely, you are overdue the loan, and with you the same thing happened with most of the debtors - the sale of debt. First of all, this means that when you make a loan, you, trying to take money as soon as possible, did not consider it necessary to study the contract carefully.

If all of the above does not apply to you, then it's still useful to find out who the collectors are and how the banks are selling their debts. After all, if these gentlemen came to you or your acquaintances, it will not be possible to return everything back. Therefore, knowing how to act in such a situation will be very good.

Who are the collectors?

Many people, hearing this word, immediately imagine a kind of pumped up "brother", a big guy with a club, who is squeezing your debt out of you. In fact, everything is far from so tragic. Such a method of knocking out money is a criminal offense. They have long been few people use.

In fact, employees of the collection company - people with economic / legal education or have a diploma of a psychologist. Former guards in such structures are rare.

The task of the staff of the collection agency is to repay the debt. They can call you, write letters, visit in person at home and at work and apply other legal methods. The sale of debt to collectors does not give them the right to intimidate you and your relatives, property damage, threats and other similar methods. All this serves as an excuse for your treatment in the police.

Why does the bank sell your debt?

This is a very important point, which can not be ignored. In any loan agreement, the conditions under which the bank has the right to assign the debt to third parties must be specified. This is the notorious sale of debt. That is, the bank, giving you money, gets the right to demand them back. Such a right can by law be passed on to anyone, either on a paid basis or free of charge. But in fact, no one, except collectors, such "happiness" is not needed. Note that no one asks for your consent to the transfer of debt, but you must notify this fact.

More often collectors sell such loans:

• Not secured by a pledge or surety;
• Consumer;
• With overdraft;
• The debt on which is less than 300 thousand rubles.

Most often, it is not profitable for banks to work with such clients, they are best sold. After all, court costs may be more than the loan itself.

What can a bank do?

Sale of debts of individuals in this case can be carried out in two ways:

• Provision of debt collection services;
• Final transfer of creditor's rights to another person.

The first way is to conclude a contract for the provision of collection services. In this case, the ownership remains with the bank, and the collector receives a commission for the service rendered. This way is most beneficial for the client. Caring for its reputation, the bank will very carefully approach the choice of the recoverer, as well as the methods of its work. This means that the debtor, of course, will become bored with calls, letters and visits, but there are likely to be no measures on the verge of what is permitted.

The second option is a full sale of a debt or an agreement on the assignment of creditor rights. This way can end for the debtor sadly. The fact is that after the conclusion of the deal with the collectors, the bank is satisfied with the amount received, and the former debtor does not interest him in any way. So, do not worry, and the measures used to return funds. Therefore, collectors, especially unscrupulous, are also not shy. In the course are all permitted, and sometimes illegal methods.

How to issue an assignment agreement

Such a document is called a cession agreement or an agreement on assignment of rights of claim. This is the most common option in such a situation as the sale of corporate debts (and even physical ones). The consent of the debtor for the conclusion of such a contract is not required.

Cession is used in many areas of activity, not just in lending. But, according to the legislation of the Russian Federation, such a contract can not be concluded with respect to personal obligations. For example, compensation for material and moral harm, alimony is not subject to assignment.

Such a contract is most often in cases where the creditor can not recover the debt on its own. Sometimes legal entities and individuals divide by mutual consent in this way the obligations that have arisen. Such a contract can be concluded both on a paid basis and on a free basis.

Parties to the contract

If the debt is sold, the parties to the transaction are:

• The assignee is the person who buys, the new owner of the right of claim;
• The assignor is the one who sells, the original creditor.

The entity obliged to pay the debt, although it is a party to such a contract, is not considered a third party, as its consent for the transaction is not required.

Depending on the number and characteristics of the parties to the transaction, the cession agreement can be divided as follows:

• Sale of legal entities' debts to a legal entity - this is usually the usual reorganization of an enterprise. In fact, only the name of the debtor changes, and the legal entity itself remains the same.
• Transition of a legal entity's debt to an individual - most often in the liquidation of an enterprise debt obligations are assumed by the former director. The debt goes to the new payer under the same conditions and in the same amount.
• The contract between natural persons - assistance in the preparation of a loan, the division of property in the event of a divorce, the payment by the parents of the debts of children, and so on.
• A trilateral agreement of cession - when the debtor is informed that his debt is sold, and his signature attests to this.

In any of the types of contract assignments, one of the parties may be a collection agency.

Peculiarities of the contract and its content

The contract of debt sale (the sample is presented below) must contain such items:

• The amount of debt;
• Presence and amount of forfeit;
• A reference to the original contract, the conclusion of which led to the emergence of a debt;
• The time in which it was necessary to repay the loan;
• Contact information and bank details of the parties;
• Obligations imposed on the debtor.

Depending on the sphere of activity, the cession agreement can be applied in such spheres of economic activity:

• Assignment of the right to claim in the field of real estate - in this way you can sell an apartment purchased in a mortgage, if the loan has not yet been paid off;
• Cession in insurance - transfer of probable risks to another SC;
• Assignment of claims under supply contracts - the use of factoring, that is, the invitation of an intermediary bank that has the right to demand payment of a receivable;
• Sale of debt under a contract of work ;
• Cession in credit operations of banking institutions - sale of debt to a collection agency;
• Cession in bankruptcy - one of the ways to reduce the debtor's debt.

Signs that your debt is sold

As you have already understood, for legal entities, the sale of debt most often does not become a surprise, and sometimes it is voluntary and desirable. What can not be said about loans issued by natural persons. Here, buying debt collectors often becomes a surprise.

How can you understand that your credit is sold? You need to start worrying if:

1. You receive calls from unknown persons demanding payment of a debt. Specify by what right they do this, and suggest sending a contract of assignment by registered letter.
2. You can not pay a monthly fee and get a response that "the account is closed." Contact the bank for clarification. Such a situation may be a sign that you have been opened to judicial proceedings.
3. A notice came from the collection firm demanding payment of the debt. Most likely, it has already been sold. For more information, contact the bank or call the number indicated in the letter.
4. You received a notice from the bank that your debt was sold to a third party. This can be a letter, SMS, phone call or other method. If you still have questions, you can also contact the financial institution for explanations.

What should a debtor do?

The main thing is not to panic. You should understand that the situation has not changed much as collectors can imagine. Your obligations have remained the same, only the creditor has changed, and no terms of the contract. This means that no matter what measures of influence are applied to you, you do not have to pay anything beyond what is provided for in the original contract.

1. Get a copy of the cession agreement. This can be done both in the bank and in the collectors. If there is no such agreement, you can pay nothing at all, at least until the relevant court decision is rendered.
2. Find out the exact amount of debt taking into account the detailed explanations: the loan body, interest, penalty, fine and so on. To do this, order a special certificate from the bank.
3. Collect all the possible documentation about the loan: a contract, a pledge agreement, a certificate of guarantors, a repayment schedule, a receipt for payment. Order an extract on the loan account, it accurately indicates what and when you paid.

All these documents will help in dealing with the collection agency or useful in court. And remember: if the collectors do not have an agreement on selling their debt to you, they can not demand money from you.