Debts do not tolerate delays. If you have delayed the repayment of the loan and interest on it, collectors can join the case, who will urge you to pay the bills. We tell you how to make communication with them, if not pleasant, then constructive.
The collector is a specialist in the return of overdue debts. Lenders attract collectors if you do not repay the debt or do not make mandatory payments on time. Sometimes the collector acts simply as an agent on behalf of the lender, strongly reminding you that you need to repay the loan. And sometimes it can outbid your debt — and then it will try to recover the overdue debt already in its favor.
You should not be afraid of legal collectors. They do not intimidate the debtor to repay the loan at any cost, but only describe possible prospects and together with you are looking for a way to solve the debt issue. But a few rules of communication with collectors should still be observed.
Negotiate with the lender directly — then you will not have to get acquainted with the collector
In life, of course, everything happens. Due to a late salary, illness or simply forgetfulness, you may miss the loan payment deadline. If you understand that for objective reasons you will not be able to repay the debt on time, contact your lender. Ideally, in advance, before you delay the payment and ruin your credit history in this way. You can, for example, ask to make you a postponement or restructure a loan — change the terms and amounts of payments. The bank, of course, is not obliged to do this, but it can meet you halfway.
If you are still late with the payment and representatives of a bank, a microfinance organization (MFO) or a consumer credit cooperative (CPC) are already calling you to find out the reason for the delay and warn you about penalties, honestly explain your situation. Do not be afraid to solve issues directly — it is more profitable for both you and the lender to sort things out without the involvement of specially trained people. You will avoid unnecessary penalties and fines that drip for every day of delay, and in addition — stress from psychological pressure.
Check the collector in the state register
If you hide or persist and do not pay, the lender can contact the collector. At the same time, the lender — be it a bank, an MFI, a CPC or an individual — is obliged to inform you within 30 working days that he has hired a collector. If the lender has sold your debt to the collector, you should receive a notice of assignment of claim rights.
The lender can attract only one collection agency. If a collector calls you, but the official letter has not yet arrived, first of all check if it is a fraudster. By law, only a representative of a collection agency included in the state register can communicate with you about overdue debts. But you can also refuse to communicate with him until you receive an official notification.
Learn the rules by which collectors should work
More recently, collectors applied almost any measures of psychological influence to debtors, and sometimes it reached physical. Their behavior was not regulated in any way. But since January 2017, a law has come into force that clearly describes what they can do and what not. Now collectors should be extremely correct and polite.
The main rule: collectors should not be intrusive and even more so cause you any harm. If you feel excessive pressure, this is a clear sign that the collector is overreacting.
The collector can
no more than once a day, twice a week and eight times a month
The collector must state his name and the name of the creditor he represents.
no more than twice a day, four times a week and 16 times a month
The messages must contain the name of the creditor and the name of the collector, the contact phone number and a reminder of the overdue debt — without specifying its size and structure.
Your family and friends can refuse further communication with the collector at any time — even verbally, during a telephone conversation with him. If you want to withdraw your consent to interact with third parties, you need to send an application to the creditor or collector: through a notary, by registered mail with a notification or personally under a receipt.
In your contract with the lender, other methods or the frequency of the relationship with the collector could be prescribed, but you always have the right to refuse them.
The collector cannot
Where to complain?
If you believe that your rights have been violated by a bank, MFO or CPC, for example, they did not inform you in time that they transferred your debt to the collector, send a complaint to the Bank of Russia through a special form.
If you are sure that collectors violate your rights, contact the Federal Bailiff Service.
If we are talking about serious violations, such as threats to life and health, write a statement to the police.
In what cases can I not be required to pay a debt?
No one can demand repayment of the debt from you if you:
If you have started bankruptcy proceedings, your communication with creditors and collectors stops automatically. All debt issues will be settled by a financial manager appointed by the arbitration court. Read about how to officially declare yourself insolvent in the article about personal bankruptcy.
I don't want to communicate with the collector. What to do?
You can send a statement to the creditor or collector stating that you do not want to communicate with them or will interact only through your representative — lawyer. You can refuse to interact with the lender or collector after four months from the date of late payment.
Send such an application through a notary, by registered letter with a notification, or hand it over personally against a receipt. If you have drawn up the document incorrectly, then the addressee is obliged to explain how to issue it correctly within 10 days after receiving your application.
At the same time, it should be understood: if you refuse to communicate, the creditor will take the case to court. And if the court decides that the loan or loan still needs to be returned, not collectors, but bailiffs will take up the case. And it will be impossible to agree on something with them. They have the right to seize your accounts, describe the property and sell it to pay off your debts.
It may seem an attractive idea to entrust the settlement of their debts to a lawyer or a special intermediary — they often call themselves anti-collectors, or "debtors". But this idea should be carefully weighed.
The collector is a specialist in the return of overdue debts. Lenders attract collectors if you do not repay the debt or do not make mandatory payments on time. Sometimes the collector acts simply as an agent on behalf of the lender, strongly reminding you that you need to repay the loan. And sometimes it can outbid your debt — and then it will try to recover the overdue debt already in its favor.
You should not be afraid of legal collectors. They do not intimidate the debtor to repay the loan at any cost, but only describe possible prospects and together with you are looking for a way to solve the debt issue. But a few rules of communication with collectors should still be observed.
In life, of course, everything happens. Due to a late salary, illness or simply forgetfulness, you may miss the loan payment deadline. If you understand that for objective reasons you will not be able to repay the debt on time, contact your lender. Ideally, in advance, before you delay the payment and ruin your credit history in this way. You can, for example, ask to make you a postponement or restructure a loan — change the terms and amounts of payments. The bank, of course, is not obliged to do this, but it can meet you halfway.
If you are still late with the payment and representatives of a bank, a microfinance organization (MFO) or a consumer credit cooperative (CPC) are already calling you to find out the reason for the delay and warn you about penalties, honestly explain your situation. Do not be afraid to solve issues directly — it is more profitable for both you and the lender to sort things out without the involvement of specially trained people. You will avoid unnecessary penalties and fines that drip for every day of delay, and in addition — stress from psychological pressure.
Check the collector in the state register
If you hide or persist and do not pay, the lender can contact the collector. At the same time, the lender — be it a bank, an MFI, a CPC or an individual — is obliged to inform you within 30 working days that he has hired a collector. If the lender has sold your debt to the collector, you should receive a notice of assignment of claim rights.
The lender can attract only one collection agency. If a collector calls you, but the official letter has not yet arrived, first of all check if it is a fraudster. By law, only a representative of a collection agency included in the state register can communicate with you about overdue debts. But you can also refuse to communicate with him until you receive an official notification.
Learn the rules by which collectors should work
More recently, collectors applied almost any measures of psychological influence to debtors, and sometimes it reached physical. Their behavior was not regulated in any way. But since January 2017, a law has come into force that clearly describes what they can do and what not. Now collectors should be extremely correct and polite.
The main rule: collectors should not be intrusive and even more so cause you any harm. If you feel excessive pressure, this is a clear sign that the collector is overreacting.
The collector can
- Call you:
no more than once a day, twice a week and eight times a month
The collector must state his name and the name of the creditor he represents.
- Send you telegraphic, text and voice messages:
no more than twice a day, four times a week and 16 times a month
The messages must contain the name of the creditor and the name of the collector, the contact phone number and a reminder of the overdue debt — without specifying its size and structure.
- To see you no more than once a week.
- Communicate with your relatives or third parties:
Your family and friends can refuse further communication with the collector at any time — even verbally, during a telephone conversation with him. If you want to withdraw your consent to interact with third parties, you need to send an application to the creditor or collector: through a notary, by registered mail with a notification or personally under a receipt.
In your contract with the lender, other methods or the frequency of the relationship with the collector could be prescribed, but you always have the right to refuse them.
The collector cannot
- Hide your phone number and email address
- To exert psychological pressure and even more humiliate
- To give incorrect information: about the amount of debt and repayment terms; appeals to the court and criminal prosecution
- To deceive about their status: to declare their affiliation to government agencies
- Disclose information about you and your debt to third parties, including on the Internet or by other public means
- Use physical force or methods dangerous to your life and health, or threaten to do so
- Destroy or damage your property or threaten to do so
Where to complain?
If you believe that your rights have been violated by a bank, MFO or CPC, for example, they did not inform you in time that they transferred your debt to the collector, send a complaint to the Bank of Russia through a special form.
If you are sure that collectors violate your rights, contact the Federal Bailiff Service.
If we are talking about serious violations, such as threats to life and health, write a statement to the police.
In what cases can I not be required to pay a debt?
No one can demand repayment of the debt from you if you:
- you are being treated in an inpatient facility;
- were deprived of legal capacity or limited in it;
- disabled person of the first group;
- or a minor (except in the case when the court or the guardianship and guardianship authority has recognized you as fully capable — an emancipated minor).
If you have started bankruptcy proceedings, your communication with creditors and collectors stops automatically. All debt issues will be settled by a financial manager appointed by the arbitration court. Read about how to officially declare yourself insolvent in the article about personal bankruptcy.
I don't want to communicate with the collector. What to do?
You can send a statement to the creditor or collector stating that you do not want to communicate with them or will interact only through your representative — lawyer. You can refuse to interact with the lender or collector after four months from the date of late payment.
Send such an application through a notary, by registered letter with a notification, or hand it over personally against a receipt. If you have drawn up the document incorrectly, then the addressee is obliged to explain how to issue it correctly within 10 days after receiving your application.
At the same time, it should be understood: if you refuse to communicate, the creditor will take the case to court. And if the court decides that the loan or loan still needs to be returned, not collectors, but bailiffs will take up the case. And it will be impossible to agree on something with them. They have the right to seize your accounts, describe the property and sell it to pay off your debts.
It may seem an attractive idea to entrust the settlement of their debts to a lawyer or a special intermediary — they often call themselves anti-collectors, or "debtors". But this idea should be carefully weighed.