Where to complain about collectors? New law on reservoirs and collection activities

The new law on reservoirs was adopted very recently. Despite the significant restrictions imposed on debt collectors under this legal act, the number of offenses practically did not decrease. What to do in this situation? Where to complain about collectors? This will be discussed later.

Who is a collector?

The concept of "collector" is disclosed in the Federal Law "On consumer credit", as well as in the law on reservoirs. In accordance with these two normative acts, it can be concluded that the collector is a legal entity that carries out its work to obtain monetary claims, the deadline for which has already passed. In fact, any collection organization is a kind of intermediary between the bank and the borrower. Banks hire reservoirs to minimize all sorts of costs to collect debts. At the same time, some banks may not resort to the services of collection organizations, but decide to act independently.

Introduced recently, the Federal Law on Collection Activities has established the need to register each enterprise to collect debts in a special state register. The main functions of the collectors were also strictly regulated. The question of whether the situation as a whole has changed is very difficult. However, it is worth noting the still growing relevance of the question of where to complain about the collectors can a simple citizen.

Responsibility of collectors

Before proceeding to the description of the main instances and bodies in which complaints can be filed for improper performance by collectors of their functions, it is necessary to identify the main elements of responsibility and the rights of employees to collect debts. What does the new law on sewers say about the responsibility of workers? Here are the following points:

• An administrative fine of up to 50,000 rubles may be imposed on a specific collector in the event that he is carrying out his labor duties with violations of the current legislation;
• A collection organization as a legal entity may be fined up to 100 thousand rubles for violation of current legislation;
• The performance of collection activities by a person not included in a special state register shall be punishable by a fine of up to 1 million rubles (if this collection company is up to 2 million rubles).

Collector rights

The bill under consideration fixes the main ways of interaction of employees in debt collection with debtors. So, any collector registered in the state register has the right to perform the following labor functions:

• The conclusion of an agreement with the debtor about personal meetings and phone calls;
• Carrying out of personal meetings, telephone conversations, sending of text messages (the number of calls, meetings and letters for a certain period of time is strictly regulated);
• Transfer of all necessary information about the debtor of the collection organization or the bank.

Thus, the rights of collectors under the new law are very strictly regulated. It is also important to highlight the main bans in the work of "debt collectors".

Restrictions in collection activities

Due to a large number of offenses, and sometimes even crimes committed by collectors, the people formed an idea of the workers in question as real bandits and outlaws. For a long time, the question of when the law on sewers will come into force remained relevant. Such a bill was adopted in 2016 (No. 230-FZ). In this normative act, all the basic restrictions concerning the labor activity of collection companies were clearly spelled out. Here are the following points:

• In no case should collectors apply methods of physical or mental violence towards debtors;
• The number of meetings or negotiations with debtors should not exceed the norm;
• All collectors should not have unclear convictions; Their registration in the state register is obligatory.

The bill reveals the presented abstracts in more detail. Thus, the law on what a collection company is, its employees, etc., is somewhat broader.

Calls from collectors

Despite the adopted a number of restrictions related to collection activities, the number of violations in the submitted field has decreased very little. The problem of the same phone calls still remains urgent. They act to the debtors incredibly often; Many collectors completely forget about the rules of negotiations with clients. What to do in this situation?

All telephone calls from collectors must be regulated and agreed in advance. So, if calls are received at night (which is prohibited by law), or if calls are received too often, clearly in excess of the established rate, the only sure way will be to file a complaint with the organization to collect debts to the court. And what if the collectors call to work? Are collectors entitled to this? Call for a job they should not in any possible case - it will always be a violation of bank secrecy, and, consequently, a violation of the law. The only option here is to file a complaint with the appropriate authorities.

On how to complain about the collectors is necessary for ordinary citizens, will be discussed further. It is only necessary to point out one more situation - when calls are received erroneously (if the previous owners of the house call the phone, the collectors confuse the number, etc.). Possible ways to solve the problem are:

• Change of phone number;
• An attempt to explain the situation to the collectors;
• Writing a collection letter to the collection organization with all the necessary documents attached;
• Filing a complaint with the authorized bodies.

It is the latter method that will be discussed later.

Where to complain about collectors?

It is worthwhile, finally, to disassemble the most important and urgent issue for all debtors suffering from improper actions of collectors. What exactly is worth talking about here? There are six options for applying. Each of them will be discussed in detail later.

FSSP - or the federal bailiff service. It is this body that is authorized to maintain a special state register for all legal entities. Moreover, the FSSP is obliged to control all those bodies that are listed in the state register. Submission of a complaint to the bailiff service would help to resolve the situation very quickly and effectively. The application can be written at any time on the official website of the FSSP.

The next option is NAPKA (national association of professional collection agencies). This is, in fact, the largest association of all enterprises to collect debts. Are collectors demanding a debt, using threats and violence? In the agency's work were repeatedly found violations? You can file a complaint right now - just open the official website of NAPKA.

Roskomnadzor and financial cushion

Where to go if the collectors are threatening? If elements of violence, threats of sorts or other unlawful actions on the part of collectors were admitted, the right option would be to file a complaint with the Russian Oversight Committee. The represented body can take quite serious measures: for example, to impose a fine, bring to administrative responsibility, etc. You can apply in a variety of ways, including through the official site of Roskomnadzor.

Another option for resolving the conflict with the collectors is to resort to financial fraud. It is a kind of reconciler between clients and banks. Work obdusmena refers to the pre-trial stage of conflict resolution, and therefore, in most cases, the services of the specialist in question are free.

Police and Rospotrebnadzor

Rospotrebnadzor will help to consider and resolve all the most delicate issues concerning conflicts with collector organizations. In particular, this includes questions about when the law on sewers will come into force (or the amendments to the new law), what employees have or do not have the right to collect debts, how to draft a claim for a banking organization, etc. Submit An application to Rospotrebnadzor can be done in a variety of ways: by contacting the body directly, via the Internet, etc.

To resort to police help is only in the most extreme cases. For example, if the collectors act in a frankly criminal way: they spoil the property, threaten, use physical force, engage in fraud, extortion, etc. It will suit both the classic call at 02 and the negotiations with the precinct officer.

Errors in the work of collectors

In many collections organizations there is a very wide base of clients. Naturally, without errors in the work of this or that organization can not do. We have already talked about what needs to be done if debt collectors call not on the same phone number. However, there are other, quite common mistakes in the work of collectors. For example, if an agency requires a debt under an old, long-paid loan. Such cases, I must say, are not new. Thus, collector organizations may not be aware of the payment of a debt, the taking of so-called credit holidays, etc.

Solve the problem can be quite simple. To begin with, it is worth making sure that the loan was actually paid-it should not be in the data bank of executive production of bailiffs. If there is no data in this register, then all that remains is simply not to answer calls and messages from collectors.