During rapid growth of crediting banks and the credit unions even more often face problems on delay of payments and not return of the given-out credits. This problem concerns both legal, and natural persons. It is possible to resolve it, using own security service. But there was one more, rather new way - involvement of collection firm or agency. The collection companies are the organizations which render services to legal entities (to banks, insurance companies, private firms), and also physical on collecting debt and rendering legal advice. Task of the collection company - it isn't simple to organize the help to the creditor in a refund, but also to help the debtor, having provided legal consultation according to the solution of questions of repayment of the loan.
Collection business - the direction rather young, but lately very demanded as at us in the country, and abroad. There are three stages of process of collecting debts the collection companies:
On first (soft collection) there is a procedure of pre-judicial collecting debts. The companies carry out such activity at early stages of work with debt. At this stage collectors have to come into contacts with debtors, carry out explanatory to the robot, learn the reasons of non-payments or a delay on payments. Such work to be performed by means of phone calls, mailing of letters, with reminders about existence and an amount of debt, and also the term of its repayment.
If the made operations didn't bring expected result, agencies pass to the second stage (hard collection) when collectors personally meet defaulters or establish location of the debtor if it wasn't succeeded to establish with it relation by phone. Such procedure is applied on later terms of debt.
At the third stage (legal collection) - procedure of judicial collecting debt. At this stage collectors prepare statements of claim in legal agencies, protect interests of the creditor in court, participate in court sessions, control execution of judgments by bodies of the public executive service.
However the main task of a collector nevertheless is debt return, without bringing the matter to court. Very often such objectives of return of debts are achieved by means of the psychological pressure which is put by collectors calls, letters, personal meetings. Crisis introduced the amendments in activity of the collection companies.
Solvency of the population falls because of mass dismissals, reductions, reduction of salaries, and also increase in interest rates in banks. After all if the debtor has no source of the income or property which can be realized forcibly, there is nothing to take from it and, respectively, to repay a debt becomes is almost unreal. Speak, it is possible to assume that sharp lifting of activity of the unfair collection companies which will remind more racket 90-x years of the last century is possible in the near future. Today it is necessary to observe such situation when any can be called as a collector, without having the legal education, necessary skills and knowledge.
The solution of questions of delay of payments and not return of the credits by forces of services of own safety involves increase in staff, retraining of the personnel and, as a result, significant increase in expenses. Probably, for this reason practice also was approved to entrust the solution of similar problems to the collection companies. The team of the company has to consist of experts in the sphere of law, banking, etc. Thus all collection activity is obliged to be guided only by the current legislation.
Banks transfer to the collection companies information on borrowers. First of all information of the private character which disclosure can do harm to the rights and legitimate interests of citizens of Ukraine means. It is a question of disclosure of bank secret. In the territory of Ukraine today there are no laws regulating activity of the collection companies (according to the head of board of the International League of protection of the rights of citizens of Ukraine Eduard Bagirov).
Article 60 of the Law of Ukraine about banks and bank activity tells the following: "In case of disclosure by bank of data which are bank secret, the client has the right to receive from bank compensation of the put losses and moral harm".In the same article it is specified that information concerning activity, a financial condition of the client, which became known to bank in the course of service of the client and relationship with it, which disclosure (in particular to the collection companies) can do to the third parties moral and material harm to clients, are bank secret.
According to Art. 231 of the Criminal code of Ukraine: "For the deliberate actions directed on obtaining data which are trade or bank secret for the purpose of disclosure or other use of these data, and also illegal use of such data if it caused essential damage to the subject of economic activity, punishment in a look ограничениея freedoms to 5-ти or imprisonment for up to 3-is prescribed years x".
Responsibility of banks for illegal cooperation with collection firms is provided also. Article 232 of the same Criminal code says: "For deliberate disclosure of trade or bank secret without consent of her owner the person to whom this secret is known in connection with professional and office activity from mercenary or other personal motives if it did essential harm to the subject of economic activity, it is punished by a penalty from 200 to 500 tax-free minima of the income of citizens with deprivation of the right to hold certain positions or to be engaged in a certain activity for a period of up to 3 years, or corrective works for up to 2 years or imprisonment for the same term".
Today the collection companies, in principle, could work within the Civil code - article 516. According to this article the creditor can transfer the property right. However in this case the collection company and its representatives have no right to call, terrorize, demand to repay them a debt. They can on its own behalf, as the legal entity to whom entrusted the right of the credit, to appeal to court.
Only the court can demand credit return. Article 62 of the Law of Ukraine "About executive production" says that only judicial performers carry out a judgment which entered action. There is also no word about collectors.
The chief UGSBEP of Regional Department of the Ministry of Internal Affairs of Ukraine in the Nikolaev area the militia lieutenant colonel Vladimir Lupashchenko