What if the collectors are threatening? How to behave?

As one intelligent joker said: "The family is not without credit." And there is. From household appliances to building your own home - people often take out loans for different needs. However, modern realities are such that with a consistently high earnings today it is not a fact that it will continue for a long time.

The reasons for sudden financial problems can be many. A person needs money, he turns to a credit institution, signs the necessary contract, receives money, having the confidence that he will be able to pay the monthly amount of the credit institution. And after a while something went wrong: there are serious financial problems, and along with them on the doorstep of the house and collectors. Moreover, it is not just with innocuous warnings, but with insistent demands to pay off the debt with the accumulated interest. What to do if the collectors are threatened by phone and in person, this article will tell.

When do you have to deal with collectors?

If earlier not everyone heard and knew little about such a phenomenon as the collectors, now they have gained a great reputation. And that there are such, probably, have already heard everything. Yes, indeed, not having clearly prescribed rules for "knocking out" debts from malicious debtors, collectors are guided in their actions not always by the rule of "soft power", but quite the contrary. They sometimes begin with direct threats against the defaulter and reach actions that fall under criminal punishments. And today very few people know how to act properly and what to do if the collectors are threatened by a loan.

If the borrower still has problems of a financial nature, and he may have any chance of an early meeting or conversation with the collector, then one should not be afraid right away. It is necessary to understand who the Russian law classifies as collectors, what rights and duties they are endowed with. Forewarned is forearmed.

Who are you, citizen of the collector?

Unfortunately, at the moment there is no specific federal law that would clearly indicate what to do if the collectors are threatened and regulate the actions of these individuals.

To be more precise, the draft of such Federal Law "On Collector Activity" is, it has already been approved by the State Duma, but comes into force from January 2017. If we turn to this bill, then the collector should understand the following.

Collector - an individual who has concluded a contract with an employer, namely a collection organization, or designed as an individual entrepreneur, whose main activity is the return of unpaid money to the creditor, which went into the status of overdue debt. The work of collectors takes place on a reimbursable basis.

Activities of reservoirs

Proceeding from the fact that the law has not yet entered into force, the activity, let alone the unlawful actions of collectors by many lawyers is called into question. Rospotrebnadzor and in general is the initiator of the ban of such activities or the prompt introduction of such a necessary law on reservoirs. That borrowers could know exactly about different situations and if the collectors are threatened, what to do. The articles of Law No. 353 "On Consumer Credit", which is currently in effect, still define the terms of reference and responsibilities of collectors:

• Work with debtors through personal meetings, telephone conversations, possibly, letters and SMS messages;
• The collector is obliged to introduce himself: to give his name, to voice the collection organization, if he is one;
• Collectors are prohibited from disturbing debtors on weekdays from 22.00 to 08.00, as well as on weekends and holidays from 20.00 to 09.00.

Any activity, any other initiative of the collector, except for the listed items, is prohibited. Not to mention the notorious threats that sound to both the borrowers themselves and their relatives. The exception is made by other actions in relation to the "defrauded" borrower, who were registered in a loan agreement signed by the credit organization and the borrower.

Who can not be a collector?

The Draft Law "On Collector Activity" prohibits the following persons from replacing the position of the collector: former criminals convicted of committing criminal acts against the individual, the state, and in the economy whose convictions have not been redeemed or withdrawn, and to persons who do not reside in Russia.

What ways does the collector go to the debtor?

There are two ways in which the collector finds its "victim":

1. The credit organization, in the person of the bank, calls on the professional help of the collection organization with a request to recover the overdue debt from the borrower who does not want or can not pay his loan. At the same time, the debt is returned to the account of the bank itself, and the collector acts as an intermediate link between the debtor and the credit institution. Well, a convenient combination: the bank gets less problems, and the collector receives a monetary reward.
2. The bank gives back to the collection organization its non-payer's debt, and now the borrower owes the amount not to the bank, but to a specific collection agency.

In both cases, the collector receives the personal data of the borrower and, at his discretion, starts working with him. In the second variant of the development of events, when the collector works directly in its favor, the most bad and dangerous cases occur for the health and life of the defaulter and his relatives. Banks, when they contact their borrowers, work more delicately, without resorting to threats, because they protect their reputation.

The main rule of behavior with the collector

What if the collectors are threatening? "Peace of mind, only peace!" Is the motto of communication with a representative of the collection organization. In whatever form, personal or by phone, nor had to have a conversation with the collector, it is necessary to keep a sober mind and a bright memory. Of course, most often collectors prefer a telephone conversation with the debtor, but there are also personal meetings.

If the collector came home

If you "were lucky" to open the door to the collector, then we can give several recommendations. In a personal meeting, you should definitely ask about the citizen who came: who, what position, from which collector's organization.

What if the collectors are threatening? When contacting them, it would be a good idea to use the audio recording of the conversation, warning the uninvited guest in advance. Perhaps this will save the debtor from inadequate behavior of the collector and potential threats against the defaulter and his family, or, if necessary, will serve as proof of threats and extortion in court. If the collector persuasively asks you to sign any documents, in no case can you sign anything at all.

What if collectors call and threaten?

Most often the collector communicates with the debtor by phone, here also there are some tips:

1. At the beginning of the conversation, the authorized person must present himself and name the collection organization, on whose behalf he is calling. It is necessary to ask and phone number of the organization. If the caller shies away from this rule, then the conversation can not continue.
2. To protect yourself from scammers, you should call back on this number and clarify whether they have a collector with whom the conversation took place.
3. The next step should be a conversation with a representative of the bank, in which a loan was taken in order to get acquainted with the current debt of the borrower. If the bank threatens collectors, what to do in this situation? If the debt has already been transferred to the collectors, then it is necessary to specify which, and to request the relevant documents.
4. In order not to reach situations where collectors are threatening relatives (what to do if this still happened, find out later), you can not transfer any information about yourself as a borrower, members of your family and close people. Even if a person has managed to inspire trust on the phone, you can not transfer not only personal data, but also inform about the property of the debtor and his relatives. Spreading any data from the above, people themselves without understanding, give the opportunity to collectors in the future to start blackmailing and threatening.
5. If the debtor is constantly threatened and extorted by phone, then there is nothing easier than to put this number on the blacklist in your phone.
6. In the end, in the case when a person does not know what to do if the collectors threaten the massacre, one can remind the extortioner that according to the law his methods of work are illegal and may have certain consequences for him. Perhaps this will bring such a collector to life.

Threats collectors: what to do, how to protect yourself

Collectors are different: some conduct their professional activities in good faith, respecting the person and the law, but there are others for whom the fulfillment of the business plan and obtaining money from the debtor in any ways and ways is normal. What if the collectors are threatening? If, in spite of all the warnings from unscrupulous reservoirs, the borrower is faced with a threat and blackmail, then there is no need to panic. The law is always on the side of a person, does not allow any unlawful actions against him, even if it is a debtor of the bank. Russian law prescribes punishment for any insult to a person, extortion of various forms, blackmail and threats.

Application to reservoirs with the provision of evidence

When faced with unlawful actions of the collector, the borrower needs to write an appropriate application to the law enforcement agencies, the prosecutor's office or the police department, backing up his statement, possibly with available evidence of threats. Such evidence can include: audio recording of telephone or personal conversation, a note thrown by the collector, SMS messages. Also, for protection from unscrupulous collectors, one can turn to a professional lawyer with experience in this field, as well as to Rospotrebnadzor. The latter, in general, denies the legality of such collection activities and always supports the complainants. By the way, you can file a complaint with Rospotrebnadzor both in the regional office and through the official website on the Internet, which is very convenient.

Assuming that a fraudulent collection agency works with the debtor, then applying to the law enforcement agencies for them will be sufficient grounds for the disappearance of threats against the debtor. So do not neglect it.

Conclusion

Finally, after all the rules and recommendations, I want to give the most important and the most faithful advice to the debtor, who is threatened: let him, if possible, pay his arrears, and all problems with the collectors will come to naught.