The happiness from possession the goods bought by tick, has a reverse side. If there are problems with debt repayment, collectors can undertake the debtor - professional execution creditors of debts. How they "beat out" money from borrowers and how it is possible to resist to such "extortion" if it is beyond the law?
Guarantor and borrower: who pays a debt the Advertising manager Elena Kosinskaya bought Nissan Micra tick two years ago. Everything was fine until it didn't swear with the chief and didn't lose work. Taking away the service record, the girl with pride told colleagues that such "specialist" as it can't find a new place. However in reality everything turned out differently.
Half a year Elena stayed at home, existing at the expense of percent from rare transactions. To settle to the state and to receive a solid rate, alas, it wasn't possible. Money for payment of earlier taken car loan catastrophically didn't suffice, and Lena simply ceased to pay on it.
Already in few months after the first failures of credit payments it was called by the manager from bank and warned that if the debt won't be extinguished, its case will be submitted collectors (execution creditors of debts). "I then at all didn't attach it significance: you will think, collectors! For me the main thing was - to find work, and there I quickly would satisfy debts. To me it was absolutely unclear that here such: well there are temporary problems with money, so? Naidoo a new place also I will extinguish everything that I didn't pay in addition. That - that to lift noise? " - Elena didn't despond.
But noise was made, and still what! New place of - жа Kosinskaya, fortunately, nevertheless found, but already collectors closely started being engaged in her. "My day began with calls from the collection company. Me meticulously asked: how are you at new work when I will be able to start repaying the credit, whether I can borrow money from relatives or friends. Demanded to designate concrete dates and the sums, - the happy owner of Micra was indignant until recently.- Suggested me to ask a salary forward (I worked only the first month) or to issue payment by installments at work".
"My assurances that after the first salary I will start paying gradually, them, on - to mine, only enraged. "Gradually" in any way didn't arrange. It was necessary to extinguish everything that I detained, and with the added penalty fee", - Elena speaks.
Especially the situation when collectors called the new chief drove up the wall the borrower and told about its credit and problems with its payment. Them interested, whether good Elena the employee and whether are going to dismiss her! "At me started looking sideways at new work and to carp at everything that I do. All came to an end that I issued the credit cash in other bank and all - closed the debt delayed in half a year. Calls of collectors stopped at once. However, now on me two credits and salaries "hang" suffices only on their repayment. But anything, I hope that I nevertheless will cope with it", - Elena sadly sums up the results.
practice shows joint stock company, most often not too attentive borrowers who simply haven't understood conditions of credit agreements, an order of charge of percent and application of penalties become wards of collectors. For example, having made payment with a small delay or not in full, clients of banks consider the obligations executed. And at all don't suspect that already got to "black" lists of bank or "on a hook" to collectors.
And that, actually?
And after all after the borrower ceases to make payments on the credit, the situation usually develops not in the best way for it. From the second day of delay penalties and a penalty fee "join", and after the third month of failure to pay the bank files a lawsuit the claim and achieves or pledge realization (if it is), or credit payments due to sale of other property of the debtor.
Not to be engaged in all this it is independent, the creditor has the right to transfer the right of collection of debt to the third party - a collector. However, the right it, for example, even in the Law "About Banks and Bank Activity" in one point isn't provided. According to bank lawyers, it is defined by the contractual relations between the creditor and the borrower. Most often banks simply provide in the credit agreement point on information transfer on the borrower (from his consent) to the third parties for collecting debt in case of its delay.
We pay attention: if there is no such point in the contract, the bank has no right to transfer information to a collector.After all the bank is obliged to keep secret of data on the client, his income, especially about problems with credit payment. To sign or not the contract in which the bank warns in advance that "if something happens" "third parties" will be engaged in the borrower, - the client solves independently.
Collectors work with banks or for commission charges (15 - 40% of the recovered debt), or redeeming from bankers a package of "non-returns". The bank simply concedes the right of the requirement of a debt in the second case to a collector, and the borrower pays off already with the new creditor. Consent of the debtor to the translation of a debt thus at all it isn't required to the new creditor - enough only in writing to notify him that such translation took place.
And still the majority of the domestic collection companies work with bankers for commission charges. At banks while only one of nearly 20 working companies is engaged in repayment of "problem" debt.
Under a cap
Collectors assure that work with careless borrowers is conducted strictly within the law - neither blackmail, nor use of physical force. To interfere in private life of the debtor, to watch it, they have no right to listen to its telephone conversations. Therefore zazhilivshy money of the inhabitant exhausts morally, annoyingly reminding of a debt and explaining consequences of its non-return.
The Nakatanny scheme of "knocking-out" of a debt consists of three stages. The first of them assumes remote communication with the borrower, including correspondence, phone calls and sending SMS messages. "There are some stages of correspondence. With each subsequent stage pressure upon the debtor amplifies, - the director of the collection company Xpoint Vasili Golda tells.
The first level of letters - a delicate reminder on debt. In letters terms of payments make a reservation, it is offered to discuss various options of payment. As at this stage still nobody knows the non-payment reasons, it is offered to solve a problem peacefully. In parallel the company conducts additional "business" correspondence, finding out facts of the case, directs inquiries for obtaining necessary documentation.
If the debtor possesses sufficient composure and doesn't react to collector correspondence, that passes to the second stage. The company starts "bombarding" the borrower letters of the "menacing" contents, frightening it of possibility of seizure of property, restriction of opportunity to leave the territory of Ukraine (farewell summer holiday in overseas resorts! ) and other "pleasures".In parallel collectors keep ringing to the ward, calling that for "cooperation". For pushchy effect of the company can peach on the debtor to his relatives, colleagues and guarantors, having sent those the corresponding letters, or having called by phone.
If the debtor got stubborn and continues to deny existence of debt or at all doesn't make contact, representatives of the creditor change tactics and pass to the most unpleasant stage "processings". As a rule, he assumes closer communication with the borrower - including visits on the house and for work. "In principle, this stage of work with the client can assume not only personal contact, but also simply more "impudent" methods. For example, continuous phone calls. And can call even at night or early in the morning", - the head of department of return of debts of JSC Avesta-Ukraina Alexander Fedoruk told.
If don't help neither letters, nor arrangements, personal visits, then the creditor passes to the stage legal collection or, simply speaking, files a lawsuit against the debtor. By a court decision, the borrower will be obliged to pay not only the collected amount of debt and percent, but also to pay all expenses connected with collection of debt, and a legal cost. At best the sum of debt will subtract from its salary. The worst option - arrest and property sale with transfer of means on account of debt repayment.
Only without hands!
All this, of course, unpleasantly, especially if collectors start behaving excessively busily. We will repeat: nobody has the right to be engaged in collecting confidential information on the person without his consent and the more so to distribute this information publicly. Violators are waited by criminal liability according to Art. 182 of the Criminal code (personal privacy violation).
Possibility of collectors to limit a freedom of movement of at the fault borrowers is disputable also. Criminal liability for violation of the credit agreement it isn't provided (if only it not obvious fraud), so, about arrest or freedom restriction, especially not representatives of the Ministry of Internal Affairs, and the private companies, the speech can't go at all.
Such restriction is possible if the debtor suspect of fraud or other criminal act, and only with observance of all formalities provided by the Criminal procedural code.
If execution creditors of debts start interfering with private life of the borrower or frankly to threaten with use of physical force, it can quite put an end. And quickly and with consequences very unpleasant for collectors.
Depending on character of a developing situation, it is possible to write the application in militia about extortion attempts, about violation of personal privacy and/or secret of telephone negotiations (Art. 189, 182 and 163 of the Criminal code). If in court it is possible to prove wine of collectors, it is quite possible to demand compensation of moral damage. Are long debts, but collectors have no right to violate the rights of citizens!
To put the gone too far execution creditors into place, it is necessary to collect proofs, however: to write down conversations with threats, to confirm the fact of "wiretap" or shadowing, collection of information about private life of the debtor.
Probably, it is much simpler to find nevertheless opportunities and to extinguish the credit? And by that forever to say goodbye to annoying collectors? !
Heart - not a stone
And still WHILE the majority of the collection companies try to resolve all issues with the borrower, without bringing the matters to court. To be got involved in a lawsuit - means to spend a lot of time and money. And for collectors the fast effect is important. After all portfolios of debts prefer to transfer the majority of banks to them to rather short term - 2 - 4 months.
Therefore collectors often not only don't intimidate, and, on the contrary, try "to pick up" the debtor "on a hook", promising that all discounts and the benefits. For example, if the borrower doesn't repay a debt from - that arose a swagger - major circumstances (I lost work, I ached), to it will suggest to grant the small sum for a start. And then the collector will be engaged in debt restructuring. In this case, that is valid, important, the company for commission charges works or redeemed a portfolio of "non-returns". In the first case of a hand of a collector are connected by the terms dictated by bank, and therefore he won't be able simply to offer "long" payment by installments. "If it is a question of the redeemed portfolio, conditions can be very loyal. We can provide to the client payment by installments till five years without charge of penalties and the additional commissions, "forgive" it part of the sum, - the director general of collection agency Credit Collection Group (CCG) Kirill Tsiprivuz tells. At the same time, working for commission charges, we try to act as fast as possible and at once to receive at least part of a debt.The rest of debt can be extinguished later".
Well, of course, you shouldn't suspect collectors of altruism: it is business, and in it profit above all. And therefore all palmed off by collectors for the signature should be studied documents especially carefully.
By the way, the borrower himself is interested to settle accounts with debts as soon as possible. After all all the time, while it delays a day of reckoning, "counter" of bank "winds" percent and charges a penalty fee. Therefore the debt, the more sum which should be paid then is more senior.
How to behave if there are problems with credit payment?
What to do that business didn't reach emergence of a collector:
To report to bank, it is desirable in advance one week prior to day of payment, that, probably, there will be problems with payment
To record all actions, testifying that the borrower showed good will to creditrepayment
To ask about a delay of payment of a body of the credit and non-use of penalties or to make the current payments, having taken money from a credit card
If there is no opportunity in general to repay the credit, to begin negotiations with bank on sale of mortgage property and compensation of part of a debt, or to agree about a long delay - for 1-2 years
If business reached before that the collector addressed to the borrower:
It is necessary to observe limit tranquillity
Not to make hasty acts and not to make impracticable promises
To explain to a collector a situation and to ask about a delay of payment of the credit. Sometimes collectors agree to wait for credit payment till 1 month - without extreme need is unprofitable to have legal proceedings with the borrower to them
To fix all actions of collectors which violate the rights of the borrower and\or do him moral or material harm
And if to run away?
Whatever all-powerful collectors seemed, often they nevertheless don't manage to reach debtors. For example, if the bank transfers a portfolio of old debts to the company, it can appear that data on the borrower already lost relevance. The debtor can't almost be found if he moved to other city and lives on the rental apartment, gets paid "black" and has no contract with mobile operator. However collectors don't lose optimism and firmly believe that the debtor will be punished sooner or later. "Information on existence will have a debt anyway economic consequences.If the person wants to take next time the credit, to sign the contract on use of services of mobile operator with a payment delay, then information on it "will emerge". Our company keeps the register of defaulters - in it we bring all natural and legal entities refusing payment of debts. At the moment in the register already 20 thousand companies and about 50 thousand natural persons. All companies, wishing to protect themselves from work with unfair clients actively use this register. For natural persons hit in such register is fraught with bank refusal in delivery of any credit", - the director of the collection company Xpoint Vasili Golda promises.
TOTAL: it is desirable for borrowers to know the rights that collectors couldn't break them in case of problems with credit repayment.