Collectors called? How to confront debt collectors

Коллекторов вызывали? Как противостоять сборщикам долгов

In Ukraine there are collectors

Even a tiny arrears on the loan can lead to big trouble if the debtor will deal with the collectors. But if they chase someone in General?

The Kiev Viktor Protsenko a couple of years ago got in an accident. Lucky that the accident was crap and the car is almost not affected. “We are the second party called the patrol and all issued in good faith. And since I was the culprit, the next day filed a statement about the accident to the insurance company, which bought the insurance policy, and safely about this situation forgotten,” Protsenko says.

But a year later he received a letter from the collection company, which required about 4 thousand UAH recourse debt, writes Paul Kharlamov No. 2 Magazine Reporter. “I began to understand — it turned out that the insurance company lost my documents and for some reason did not record my call from the accident scene. Therefore, the injured party has paid compensation, and with me as a punishment decided to “withdraw” money. Alleged that at the time of the accident to me didn’t have insurance”, said Protsenko.

The first letter, he threw it, not giving it much importance. But a month later came another, and then started calling with the requirement to repay the debt. “Been calling every day, threatening the court and that will deprive me of property. A couple of times to work came. And as luck would have it I didn’t have that policy, so there was nothing to cover,” said Protsenko. Fortunately, all ended well: the ill-fated documents at the last moment found, and the case never reached court.

But lucky not for everyone. Often collectors in the debtors resort to uncivilized methods and flagrantly violate the law by trying to collect the debts at any cost. Even non-existent debts.

Start gently

The word “collector” is most associated with banks and loans. Bank borrowers do often fall into the hands of collection agencies. Although in practice these companies can do virtually any debt: for utilities, mobile services and cable television, in the non-payment of rent of real estate, etc., etc.

When the debt has been overdue for two or three months (for example, credit for household appliances), initially it takes a Soft-collection. The debtor send letters and SMS messages, tired of calls, trying to convince you that you must repay.

If the client does not react and stubbornly pays the bills, the work included heavy artillery in the form of Hard-collection. “Collectors are trying to make direct contact with the debtor. Visit at home or at work, used methods of psychological influence, even threats and intimidation”, — says Mikhail Tsurkan, senior lawyer of legal firm Misechko and Partners.

If in this case, the debtor continues to ignore the demands, the collectors go to court, and on the basis of its decision the bailiffs forcibly collect debts, blocking Bank accounts, and describing the property. Although the court comes not always.

“Most of the borrower “squeeze” the duty through arrest or seizure of the collateral in a judicial proceeding on the loan, which is secured by a valuable asset or real estate”, — says Dmitry Symonenko, Deputy Chairman of the Board of DV Bank.

They come at night

Collectors are divided into two types. The first usually referred to themselves the factoring companies that buy debts for a song and begin to handle non-payers on their behalf. The second scheme provides that the lender draws the collector in outsourcing. And the collection company earns a Commission depending on the amount that she could recover.

“Collection company buys the right to claim the debt and during a conversation often appears the employees of the institution with which cooperate, demanding to repay the debt directly to the creditor,” explains Lasha Gelashvili, General Director of collection company Credit decision.

In the second case, the collectors are particularly daring in the methods of work because they want to earn their “penny” at any cost. At the same time, it often happens that the validity of the claims of the collectors is a big question, because, as a rule, such structures there is no legal basis to demand anything from the debtor. This right appears only when the assignment of the debt from the creditor to the collector.

“And this, the debtor must formally notify, as required by article 516 of the Civil code of Ukraine (CCU). At default of this condition the action of the collector can be considered illegitimate,” explains Simonenkov.

Moreover, in Ukraine, in principle, there is no legislation that directly regulates the activities of collectors. Creditors are guided by the rather vague rules of the civil code, which allow them to demand from the debtor the fulfilment of obligations, payment of fines, penalties, etc.

“If this legislation is not clearly reglamentary what form must be the following requirements: calls, letters or meetings. And what actions of the creditor are considered acceptable and which are illegal: harassment at work, housing, calls in the night,” says Victoria Getman, Junior associate at the law firm Kushnir, Yakymyak and Partners.

This and unscrupulous collectors, giving the debtor a psychological pressure. Because they expect that no one will be punished for hounding calls or Intrusive home visits and to work.

Коллекторов вызывали? Как противостоять сборщикам долгов


To protect their

Of course, all situations are different. And some debtors deliberately do not pay the loan, save coping with debt, say a thousand hryvnia on the mobile phone. But somehow, very often collectors cling to innocent people.

For example, when the telephone number of the debtor goes to another owner who bought a new SIM card. And begin to attack. “I bought unlucky “SIM card” and I regularly get because of the debt the previous owner of the number. In the end had to change rooms,” — says a resident of Kiev Vladislav Bochkarev.

Sometimes under the pressure of collectors are those who bought an apartment or a car of a person who at the time did not pay the debts. “I have six years call regularly from different firms. Looking for the previous owner of the apartment. I don’t know that she took a loan, but the apartment is sold 15 years ago. However, this period none of the collectors are not scary. And they firmly believe that we still talk” — gives the example of the Kharkov citizen Alexey Kruglov.

Коллекторов вызывали? Как противостоять сборщикам долгов


Fall under the distribution of relatives and friends of debtors, which are recorded as a surety for loans. And their sponsorship they will know already after knocking him to the collectors. “My brother took a loan from a Bank Mikhailovsky. The Bank went bankrupt, and my brother decided that you can not pay the debt. Last year I called the girl who introduced himself as an employee of the Bank. She said that my room is listed as room of the guarantor, and asked to remind him to pay the debt, and that is a big penalty. After that, there were two more calls, and more did not bother me,” says the inhabitant of Kiev Victor Baksheev.

But even if the collectors are raided by mistake, you should not just football. First of all, you should find out, where did the information about the debt. Might have mixed up the names or the Bank lost some receipt. The collection service continues to insist on? You need a registered letter to notify her that the claim is erroneous, and to request the deletion of information from the database.

Why in writing? Because if the case goes to court, all communication with collectors would be strong evidence in favor of the injured party. With the same purpose, you need to collect all the letters from the collectors and to take screenshots of e-mail correspondence, and also record conversations and “Scrin” SMS.

Do not believe a word

However, those debtors who have “sins”, do not immediately give up under the pressure of collectors. “You need to calm but confident tone to start to demand a contract between the previous creditor and the collection company and the detailed calculation of debt,” recommends Getman. It is useful to obtain from the collectors a copy of their contract on the loan or on cable television services to make sure that money demand is not a Scam.

By the way, if, in addition to loan, have to pay more and penalties, you need to carefully double-check the amount of the assessed penalties. “People who do not understand the law, you can pay 10 times more than they borrowed initially from the lender,” warns Gelashvili.

When the collectors are transferred to the intimidation and threats — this is a great reason to contact law enforcement. Let the debt collectors to prosecute and difficult, but elefanty persecution, phone attacks and attempts at extortion are fixed, it will be the basis for the beginning of the investigation. And the argument that the case involved the police, likely will scare away collectors.

To stand and not give up

In an extreme case have to go to court to get a ban on any action on the part of the collector’s office. And in the presence of evidence to achieve a positive judgment, the injured party will not be so difficult.

And most importantly, it is worth remembering that most collectors are trying to take fright. Popular horror story — take all the property in the debt. “Any threat of the collectors are empty. They will not be able to enter the apartment and to describe the property in case of default of their requirements. It can only do government or private contractor, and only after the relevant court decision” — telling Dmitry Kasyanenko, managing partner of law firm Kasyanenko and partners.

Therefore, if collectors feel that the person is psychologically stable and knows their rights, they will quickly lose interest and find a new victim, which is easier to hang a non-existent debt.

As it happens

Leila Kondakov

One of my friends once took a loan, if I remember correctly, the company Shvidkogroshi, and I (as it turned out, when I began to call) appointed as the contact person and the guarantor. Of course, I had warned about this and asked my consent. Called persistently, regularly, usually early in the morning, including weekends. All my explanations that I neither hearing nor spirit did not know how to contact her (we have half a year not communicated), did not help. And then I stole a phone, a room to recover, so everything stopped.

Vladimir Ledovsky

Wanted to break the contract with Volia cable. But when it came to service center, they came up with that I didn’t pay 1.500 UAH for the modem, bought from them a year and a half ago. I did not argue with them, turned around and left. Despite the fact that the money in the account was over, Will continued to remove the monthly fee for Internet, which I did not use. In the end, after some time I started to receive “letters of happiness” from the collection company Credit Express. She demanded payment of a debt in the amount of UAH 268. Apparently, so much Will count for the Internet, until I realized that paying her no one will. But miraculously disappeared “debt” for the modem. The letters threatened, made new year discounts, referred to some articles, made pictures of the apartment without furniture and with ragged walls, with the children looking from behind bars, three times their employees are “checked out” on the valuation of the property, but for some reason the appointed date no one came. In General, it amused me as I could. Had them for a year and a half somewhere, and then it stopped. Apparently, the limit on the paper, envelopes and stamps ended.

Angelina Derevleva

I have had experience with collectors because of 2.77 UAH debt service debit card. And actually the debt was not. Just the Bank Manager sabil system to put a check that the card has been closed and any debt I have as a client there. Called at first the representatives of the Bank, and then the collection company. Regularly, with threats. But then, apparently, found the documents, or decided to “forgive” my debt.

Les Tsybko

My history with collectors in some way mirror system. In 2007, I was doing repairs in the apartment. Did slowly but surely. During the year, the house came different masters — electricians, plasterers, plumbers. Made repairs, went to the apartment, as if all is well, but no. After some time we started calling the managers of different banks. There were about six or seven. Now 80% of them no longer exists. And then I have the list hanging on the refrigerator. Called during working hours and demanded an unknown person. Later they began to call collectors. It was a phone terror calls was night and day, and morning. Later had to unplug the landline telephone. None of the collectors or the bankers no information provided all requested some sort of Marina, without any explanation. Over the years of “telephone terror” point by asking some innocent questions, a puzzle. Turns out someone from work had forged a certificate from the place of work, pointed out our home phone number and took credits in different banks. Managers, who checked the documents, rang the phone — everything confirmed — and voila — credit in the hands of fraudsters! None of the bankers and collectors did not check neither the address nor the phone. They just turned the dial and monotonically play for many years. After this incident, the landline phone I have at the house.