Modern "knocking-out" of debts on - Ukrainian - phone instead of a soldering iron

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Once you come today into the subway car, and in eyes begins рябить from the advertisements, suggesting to take the credit - quickly, favourably and, certainly, under zero percent. Ukrainians imperceptibly for themselves became the nation living as a loan. Thus the mentality on - former doesn't allow to pay off on debts in time. No wonder that mass distribution of the credits by banks brought to what I had to lead - money ceased to return.

From here - demand on prizabyty since the beginning 90-x years service in beating of debts. If earlier racketeers with irons were engaged in it, today their place was taken by the so-called collection firms running business more in a civilized way.

At the word "collector" the imagination draws a certain sewerage though in translation from English the word designates object, the device (establishment), etc., something collecting and distributing.

But the analogy isn't casual. People for whom return of debts - business, claim that run business within the law. But in the absence of profile regulatory base (law "About Collection Activity") it is possible to speak about full purity of such business with a certain share of convention.

The contemporary history of a question

The first collection companies in Ukraine appeared in 2006. At first separate large banks created own podzrazdeleniye. Is market steels later to enter the independent companies. According to different data, today them in Ukraine not less than 15-ти. Besides them the part of law firms as the nonbasic income item also renders services in legal support of return of debts. However them collection agencies to call difficult.

At the same time, according to the European Agency of Return of Debts (EARD), in Russia 250 agencies, in Poland - 600, in the USA - more than 6,5 thousand function.

Among the largest Ukrainian collection companies it is possible to note Credit Collection Group, "Zenith", "Ukrborg", "Service of performance of obligations".

How many I "clamped" the people

Every year works to collectors only increases. According to National Bank, for January - July, 2008 commercial banks increased the credit portfolio by 22,0%, or for 107 billions. hryvnias, including at the expense of the credits to the population - for 27,3%, or for 42 billion UAH. The volume of problem debt of the Ukrainian banks as of July 1 made only 1,5% of the size of a credit portfolio though bankers as a whole recognize that the volume of problem assets is several times higher, especially at retail banks. Even NBU precisely won't tell, how many really "bad" credits are registered for banks which learned to hide them for a long time in the balances.

According to the general director of EAVD Alexander Ilchuk, following the results of the first half of the year 2008 the debt of the population to the credit organizations reached about 15% of a retail portfolio that makes about 20 billion hryvnias. By the end of this year, according to the expert, level of problem debt will exceed 17% and will reach 28,7 billion UAH

Schemes of return

Now banks (as a rule, with the foreign capital) work with collection agencies according to two schemes. The first assumes the commission agreement when the collector draws a certain interest from the sum of the returned debt. The second - purchase by a collector of a portfolio of debts with certain "discount". But from - for shortages of own means at collectors the second option while is a little widespread.

Not all banks are ready to resort to the help of collectors, hoping for own security service. Such service at retail banks which work with the consumer credits is most demanded. Banks already select collectors with which will work, at tender conditions. According to the risks director "the Bank Delta" Marcin Figlus, work with the collection companies has to enter work strategy with debtors of each retail bank. And to it there are, at least, two reasons:

The operational: banks should be engaged in their direct business - providing the corresponding services to the population; return of debts - a field of activity of other participants of the financial market;

The psychological: communication of debtors with representatives of collection agencies is other level of perception the debtor of the debt.When in relationship of bank and the debtor there is a collector, it is psychologically more difficult to debtor to communicate with the third party, and efficiency of their communication concerning return of debts significantly increases.

"Banks, generally give on working off to collectors of those debtors which debt due date makes 90 days and above. However transfer of debtors with debt term to 60 days practices also - call-work with them the centers of the collection companies", - Marcin Figlus notes.

Not creditor uniform

For today, according to EAVD, in management of collectors are to 1,2 billion hryvnias of debts. The commission of collectors on the credits provided with a certain pledge, makes 15-40%, on the poor - 20-50%. In case of full sale discount makes 5-15% of total amount of a portfolio. Thus about 80% of debt with which collectors work, are the consumer credits of the population.

But collectors don't wish to stop only on bank debts. Gradually they start mastering work with debtors of insurers, housing and communal services, operators, etc. According to forecasts, by 2012 the credits of the population in debt portfolios of collectors will make 68% (now - about 80%), insurance companies - 13%, telecommunication - 6%, others - 13%. Among perspective experts of the company call the sphere of telecommunications and housing and communal services.

On the other hand, not all listed branches while are ready to cooperation with collectors. According to the first deputy general director of SK "Indigo" Evgeny Dikmarov, at the moment interest of insurance companies in such cooperation is insignificant. In - the first, the share of problem debt of clients of insurance companies (the consumer market and small/medium business) is rather insignificant today - to 4-5%. For work with debtors if those are available, resources of own legal departments and security services suffice. In - the second, the majority of collection agencies are interested, first of all, in cooperation with banks - here market size 10 times more. In - the third, those services which collection agencies provide in limited volume are at present more interesting to insurance companies. It is a question of search of persons who in one way or another are related to insurance events (for example - the guilty driver who disappeared from a road accident place).

Obviously, it is worth saying not that the market of the services provided by collection agencies doesn't develop, and it is rather that the infrastructure which this market surrounds (interaction with state agencies, uniform information bases, etc.) doesn't develop.

As for databases which use collectors, they recognize that these bases have a doubtful origin. The centralized access to the information resources necessary for work of collectors, isn't adjusted yet.

Phone instead of a soldering iron

According to Alexander Ilchuk, collectors pass some stages of work in process of return of debts: soft, or "soft" коллекшн, hard, or "rigid" коллекшн and legal, or legal коллекшн. With each new stage pressure upon the debtor increases

At the first stage passes call-down of debtors: experts find out intentions of the client concerning debt return. If necessary to the debtor send letters, to E-mail, SMS ки, information on each contact of c is brought by it in a database.

If it doesn't help, at the second stage the staff of the collection company leaves to the debtor home or in office. As a rule, early in the morning or late at night, when there is the greatest probability to find the person. Other reception is possible also: for rendering pressure upon the debtor about his debt it is informed to his relatives, friends, fellow workers, etc.

Already at the second stage (however, as well as on the first) the debtor has an opportunity to file a lawsuit on collectors for the population of moral damage, reputation loss, etc.

Collectors try not to bring operation on return of debts to the third stage which assumes seizure of property of the debtor by the judicial resolution. This way the longest, and not always it can end in favor of the company. According to collectors, to 80% of cases of return of a debt occur at pre-judicial level.

Informidable threats

It is simple to understand that in the course of return, collectors put upon the debtor a certain moral pressure (phone calls with reminders, threats of seizure of property, etc.). As the lawyer, wished to keep the anonymity told 24.ua, in practice of the Ukrainian banks the facts of return of debts which don't enter any framework already take place. For example, when on the credit of $32 thousand the penalty fee, exceeding 500 thousand hryvnias was.It occurs because unlike legal entities to whom the penalty fee pays off in a size no more than double discount rate of NBU (now - 12%), to the population can count on 1% for each day of delay.

Anyway the debtor has the right to challenge all actions undertaken against it in a judicial order. Considering imperfection of the Ukrainian legislation, lawyers or the borrower can find catches in many cases at least for a tightening of process of return of a debt or decrease in the size of penalties.

Besides, lawyers if banks, transferring to collectors debt of the client claim, won't inform the last, the debtor, according to the Ukrainian legislation, can safely challenge such decision in court.

Threats of collectors that the debtor in the future won't be able to take the credit in one financial institution, really, aren't deprived of the bases. However the centralized exchange of information about credit stories of borrowers between banks isn't adjusted yet.

It is interesting that in Ukraine the anti-collection companies which give legal help in protection of the rights of the debtor already started appearing. But in this case it is possible to face banal fraud.

Collection forecast

Bankers note that interest to services of collection agencies will remain from, first of all, retail banks. In relation to collectors insurers are also rather optimistic.

"As new instruments of insurance will accustom, to extend client base - increase in a share of problem debts in a portfolio of insurance companies inevitably, - Evgeny Dikmarov - Other question speaks, there will be how fast this process. According to our forecasts, cooperation of insurance companies and collection agencies will develop not really fast rates within the next several years. It becomes active with lateness from "boom" in the banking market for 3-4 years. Active development means that insurance companies will transfer more than a third of problem debts to collectors.

More precisely to estimate growth rates of the market of collector services difficult for the reason that this market will be significantly affected by state regulation. For example, if the law on collection activity" is adopted ", growth rates of the market will increase many times".

"In our opinion, the capacity of the market - behind factoring, i.e. sale by banks of debts to the collection companies", - is considered by Marcin Figlus.

Instead of morals

In fact, there is no difference meanwhile who tries to repay a debt - bank or a collector. Initially it is considered that with bank it is simpler to agree about mitigation of conditions (a payment delay, etc.). However practice not always shows that banks - it is better. Anyway, it is necessary to understand accurately that "to run away" from debt return - only to aggravate a situation, and it is better to try to be to the creditor with "guilty" and, having explained the situation, to take purposeful steps on a debt decrease. In certain circumstances with collectors it is almost impossible to agree as return of debts is their "bread". Collectors it interests more, than sentimental stories about problems of the borrower.

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