Alexey Dobrynin, Managing Partner of the St. Petersburg office of the Pen & Paper Bar Association, gave Russians advice on how to protect them from arbitrariness by collectors. He told RIA Newsthat any going beyond the scope of actions permitted by law gives the debtor the right to complain to law enforcement agencies, and advised to collect evidence of violations.
The lawyer recalled that the permissible forms of work of collectors are regulated by the Federal Law “On the Protection of the Rights and Legal Interests of Individuals in the Implementation of Activities for the Return of Overdue Debts.”
“Methods of debt repayment that are dangerous for the life and health of the debtor and other people are under the strictest ban. Naturally, the responsibility of collectors is also considered through the prism of the criminal code, ”Dobrynin stressed.
He added that according to the law, the collectors have no right to use or threaten with the use of physical force, as well as cause any damage to the debtor’s property. In addition, any psychological pressure is prohibited: threats, offensive statements and raising the tone of voice. In the case of the listed actions on the part of the collectors, the lawyer advises “to confidently close the door or hang up the phone.”
Including annoying phone calls and messages banned, negotiations are allowed no more than once a day, twice a week and eight times a month. Calls from the collector to relatives, friends, colleagues, as well as employers and neighbors are possible only with the written consent of the debtor.
In case of unlawfulness of actions, the lawyer recommended collecting the evidence base: record telephone conversations on a dictaphone, meetings – on video, and save messages. It is better to meet collectors with acquaintances and friends who will be able to testify. Then you should contact the police with a statement that the collector has committed a crime or the prosecutor’s office, which will be obliged to conduct a check. In addition, you should write a complaint to the “National Association of Professional Collection Agencies”.
The lawyer also recalled that at the meeting and telephone conversation, the collector is obliged to inform the debtor of the full name and name of the collection organization.
Earlier it became known that in December last year, Russians began to more often promise collectors to return money. The share of promises to repay debts reached an all-time high of 25 percent, while the share of kept promises rose to 59 percent. At the same time, the average payment under debt settlement programs transferred under the cession agreement in December 2020 reached its maximum for the entire year – 3.8 thousand rubles, having increased by 18.8 percent over the month.
source https://pledgetimes.com/russians-were-given-advice-on-protection-from-collectors/
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