How to get rid of collectors? This question worries many of our citizens today. We constantly hear scandalous stories in the media. In one region, collectors come home and set it on fire. In another, a child was burned with acid. Many remembered the nineties of the last century. How to get rid of debt collectors legally? Let's try to figure it out in this article.

Who are collectors?

Collectors are agencies involved in pre-trial debt collection. Many people mistakenly believe that the actions of such institutions are illegal, that they do not have the right to engage in any activity without the consent of the borrower. This is wrong. The Civil Code provides for the transfer of credit claims to third parties. This can be done without the borrower's consent. An agreement to assign claims is called an assignment.

Why do banks give debt to collectors?

Before you get rid of sewers, you need to understand where they came from. Banks and credit institutions rarely collect debt themselves. This happens for several reasons:

• Lack of staff for pre-trial collection. That's why collectors call us, and not the bank employees from whom the loan was taken.
• Preserving reputation. Collection is accompanied by actions that often go beyond the law: employees carelessly said the wrong thing, called at the wrong time, did not introduce themselves properly, etc. A third-party company is another matter. It creates a reputation among credit institutions. Consequently, a negative assessment in society does not affect her income.

For these reasons, banks enter into assignment agreements. The conditions in each specific case are individual. In most cases, collection agencies buy debts in bulk, in batches, paying 10-15% of the value of the debt for them. It is more important for banks to get rid of unnecessary liabilities than to bargain with collectors, since the volume of overdue debts worsens their rating in the eyes of the Central Bank.

What does a borrower need to know about an assignment agreement?

It is important to know that the borrower himself cannot influence the assignment agreement. This means that such a concession is completely legal. How to get rid of collectors in this case? The fact is that the borrower must be notified that the lender has changed. According to the civil code, this is the responsibility of the credit institution that issued the loan. In other words, if your debt was transferred to a third party, then the bank, and not the collectors, is obliged to notify you about this. In practice this rarely happens. Banks sell loans, especially small ones, in bulk. Consequently, they rarely follow the letter of the Law and warn the borrower properly. How to get rid of collectors in this case? It is enough to declare officially, in writing, to the agency that demands repayment of the debt that their demands are illegal, citing the fact of ignorance.

The main argument is violation of notice

Anyone can call and demand any debts. It is therefore important that the borrower is formally and properly warned. The main mistake of citizens is that they try to please the collectors and begin to explain something to them, thinking that at the other end of the line there is an understanding and kind person who is able to put themselves in the position of the borrower. This is wrong. The debt collector's goal is to extract as much money from you as possible.

They are not interested in what difficult financial situation the borrower finds himself in, how many children he has, whether he is sick, etc.

Therefore, if possible, you need to talk to them as privately as possible, referring to various laws and codes. After the borrower submits an official statement to the collection agency, you need to hold out for 30 days. This is exactly how much time the organization has to agree on all the documents and make a decision. The appeal must indicate the illegality of the actions, since no one properly warned the borrower about the assignment agreement. Remember that the collectors themselves do not provide such information over the phone, no matter how convincingly they claim it.

The best way is to contact the prosecutor's office

If after a month you have not received any notifications or responses from the agency, but collectors are still calling, then you can safely contact the prosecutor’s office. It is advisable to attach copies of the requests to the application, as well as notifications of their receipt by the collection agency. However, the lack of evidence is not at all an obstacle to filing a complaint with the prosecutor's office. In this case, law enforcement agencies will request all necessary documents from the organization. The main thing is to state the essence of the problem in the complaint in as much detail as possible.

We analyzed the problem that the debtor himself had. But how can you get rid of debt collectors forever if a citizen has not taken out any loans? More on this below.

I didn’t take out a loan, but there were problems with collectors

Calls and threats to citizens who have never taken out loans are a common occurrence in our country. There are different situations: they call relatives, neighbors, ex-spouses, employers with demands to influence the debtor. Particularly egregious precedents arise when collectors demand to repay the debt of other citizens from those who have nothing to do with these same debts. Sometimes it comes to threats and physical violence. So, let’s look at how to get rid of calls from collectors to those citizens who are not involved in the borrower’s debts.

We defend ourselves legally

The legislation provides for various cases in this regard, depending on the situation:

• If a citizen who has not taken out a loan is simply pestered with annoying phone calls, then you can submit an application to the prosecutor’s office under Art. 13.11 Code of Administrative Offenses - violation of the legislation on personal data.
• The actions of collectors can be qualified as petty hooliganism (Article 20.1 of the Administrative Code). To do this, you need to call the police and demand that a report be drawn up. Law enforcement officers will not be very happy about this, because they already have a lot of work to do. Therefore, you should not expect happy faces. However, it is still necessary to demand the drawing up of a protocol and to defend your rights.
• It is advisable to install an automatic voice recorder on your phone. This will allow you to have evidence. Collectors are on duty, therefore, recording a conversation with them on a voice recorder does not violate the law. If during a conversation, and this happens often, a citizen begins to be insulted, then this falls under Article 5.61 of the Code of Administrative Offences.
• The collectors' demand can be qualified as extortion. This is a very serious violation that receives the status of a crime and is regulated by the criminal code (Article 163 of the Criminal Code).

It is illegal to call relatives

It is important to know that the interaction of creditors with third parties is illegal, despite the fact that debtors leave additional phone numbers of friends, relatives, and acquaintances. This is done with the aim of checking the debtor, and not in order to demand a debt from relatives in case of non-payment. Now we know how to get rid of debt collectors legally. Recent media uproar has prompted the emergence of a new Law. Let's look at it in more detail.

New Law on Collectors

So, how to get rid of calls from debt collectors? And not only from them. How to completely protect yourself from illegal actions? There is only one answer - by increasing legal literacy. Collectors, as a rule, find people who are illiterate in the field of law. This is what they use. Let’s list the required minimum to understand how to get rid of debt collector threats:

Now we know how to get rid of calls from collectors, as well as personal meetings. It is enough to simply contact the prosecutor’s office if one of the five above requirements is violated.

What you need to know about the actions of collectors

Citizens need to know the minimum rights in order to protect themselves and their loved ones from unlawful actions:

1. Collectors do not have the right to seize any items. This can only be done by bailiffs by court order.
2. Collectors have no right to invade private homes. This right is also given either by the court or the prosecutor's office. Such permissions are given to government services. And then, for this there must be very weighty arguments.
3. The bank loan agreement may not contain a clause that allows you to assign ownership rights to third parties. This is rare, because banks must include it in the contract. However, such cases still occur.

Results

So, we explained how to get rid of debt collectors over the phone and protect yourself and your loved ones from their illegal actions. We hope that the information provided will help in a difficult life situation.