How to deal with collectors
Today, few people do not have a single credit for the soul. And few people are not afraid to be a malicious defaulter and fall into the hands of employees of the collection Bureau. Who are they and what can they really do to you? Today we will talk about knocking out debts.
Reality and fiction
If you open forums and blogs of collection companies, you can see tons of material about “reprisals” with debtors. This bandit raids, and calls in the middle of the night, and intimidation, moral and sometimes physical pressure. In fact, further calls on the phone and a few personal meetings, without any physical violence, it is unlikely to come.
The thing is that the collection office, no matter how they tried to build a formidable and ready for any action people are usually very law-abiding. Employees calling on the phone and frightening administrative, and sometimes criminal liability – just a well-trained bullies, nothing more. They earn their bread by bringing the debtor into a state of confusion and fright.
If collectors perform any illegal actions in your party, you can always defend. Protection you can provide as personal literacy, as a competent lawyer-depressant. Mirsovetov offers to get acquainted with the most frequent types of intimidation and methods of combating them.
The best defense is offense?
If you do not repay your debt to the Bank and it transfers your debt to collection offices (you have already negotiated with the Bank’s credit expert and the lender’s security service), the action usually takes place in two branches of development:
the Bank completely resells your loan agreement to collectors. If this happens, it is likely that your debt is absolutely “hopeless” for the Bank and collectors also check your hopelessness;
the Bank transfers the loan agreement “for rent” for a certain period (usually three months) and if the collectors manage to “knock out the debt”, they receive interest from it. So do not be surprised that you call different organizations.
Whichever of these cases is yours, you need to know how to deal with collectors. It should be borne in mind that the options of “attack” collectors myriad, they are the whole training and training in this regard. But it is still necessary to get acquainted with the main methods of influence.
Collectors – wizard of the ring. This is their main leverage. If you are too tired of them, you should change the phone number.
If employees of Bureau continue to call on working phone numbers, to your relatives, to tell what you the malicious defaulter and the bad person, it is worth writing the application in Prosecutor’s office for violation of private life of citizens.
Also, if you see that malicious information is spreading about you, you can inform the employee of the Bureau that you intend to apply to the Prosecutor’s office with a claim to protect honor, dignity and business reputation. The fact is that while there is no court order to recognize you as a debtor, all the data about you can be regarded as slander.
If collectors press on you, calling on phone at night and, especially, if “visit” in the middle of the night, you can declare in militia and write the statement for inviolability of the dwelling and especially personal life.
Threats and any attempt to influence you is physically illegal, and you can safely apply to the police under the article “hooliganism”. Even the smallest threats must be dealt with immediately.
If you are threatened by the article “fraud”, and there are leverage. The fact that you can not be a fraud if at least once paid the bill – so initially there was no intention to get away from the debt.
The rules of conversation with the collector
The employee of collection Bureau calling you, as already mentioned, is, first of all, the same working person and citizen, as well as you. And no matter how he intimidated you and not rude, you must remember the basic rules, the implementation of which is very important to you:
each time you call the employee you require his full name, company name and position. In case of refusal, stop the conversation;
record all calls to the recorder, warn that the conversation is recorded, it will greatly cool the caller’s ardor. At the same time do not forget to record the time of all incoming calls and save the received SMS;
when you call a new collection Agency, require documents that confirm the right of the Bureau to work with your debt.
Alternative methods of struggle
You can also complain to the CPS. There your complaint will be accepted and will be engaged in check of collection Bureau. If it comes to court, the employees of Rospotrebnadzor will represent your interests.
In case of constant threats and interference in personal life, please contact the Prosecutor’s office. But remember that you have to be collected a full range of evidence: SMS, conversations. By the way, recordings from the recorder should be transferred to magnetic tape, the only way they will be considered evidence.
There is an Association of collectors called napka. If actions Bureau have gone prevents framework, write a complaint there.
If you have a really difficult financial situation (loss of property, illness), then, presenting evidence, you can not pay anything. In about three years, that’s a Statute of limitations, you’ll be left alone.
You can sue yourself with a request to reduce penalties and fines, but it is important to remember that you will still have to repay the loan at least 30-50% of the salary.
What to do if you can not pay the loan?
Interaction with collection offices is always unpleasant. Therefore, it is best to prevent this. If in your family there was a misfortune or just accompanied by a black stripe, the option of “just do not pay” and “do nothing” is absolutely not suitable.
Inform the Bank of your temporary insolvency. To do this, you must send a registered letter to the Central office.
It is important to agree with the Bank. Offer interesting options. One of the most common: loan restructuring, when only interest is extinguished, the body of the loan remains in place. Banks are also in a difficult situation, it is also important for them to get at least some money.
If there is no possibility to pay, offer the Bank to use the collateral. You can give it or lease it to the Bank. But remember that it is more profitable for the Bank to receive live money than to compete with your property.
Do not avoid calls from the Bank. Answering the phone, turn off emotions, they are unnecessary. Try to negotiate.
Don’t stop paying. While negotiations are underway, pay at least a nominal amount, it will confirm you as a person conscious and responsible payer.
All agreements concluded between you and the Bank, even the smallest ones, must be fixed on paper.
Consult a lawyer. It will tell you what you can do not to pay or pay at a minimum, and what risks you can expect.
Remember, if the court has already recognized you as a defaulter, the subsequent evasion of payment of the debt becomes punishable under criminal articles. So it is better not to joke.