collectors are calling. What to answer and what to do

26 July 2022, 16:15 | Finance and Banking
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Despite the fact that during the war the right to call was officially limited to debt collectors, complaints about their annoyingness and often questionable methods of work do not decrease.. We explain how to act in such cases.

Let's start with the fact that the mentioned prohibition is valid only in some cases.. It is forbidden to collect debts from the military, territorial defense fighters, volunteers and internally displaced persons (IDPs). So if you belong to the categories of citizens mentioned above, in order for annoying calls to stop, you need to inform the collection organization about the presence of one of the statuses by e-mail.

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We also note that in June, people's deputies adopted in the first reading a bill (No. 7441-1), which provides for the cancellation or freezing of debts on loans issued to Ukrainians for the purchase of real estate or vehicles before the start of a large-scale attack by the Russian Federation on Ukraine. Accordingly, if this bill is finally passed, people who have such debts will also be able, by informing collectors about the nature of their debt, to avoid annoying communication with them.. But it must be emphasized that the document concerns exclusively credit housing or vehicles destroyed or damaged during hostilities..

So, if you simply lost your job during the war or owed money to the bank, taking money for other needs, this is not an argument for collectors to wait with payments. They have the right to call you and demand payment of debt obligations, guided by the rules established earlier. True, the collectors themselves often violate them, taking advantage of the fact that citizens are not particularly aware of these regulations..

Thus, it would not be superfluous to recall, for example, that any threats to debtors from debt collectors are an unacceptable form of communication prohibited by law.. Since 2021, the principles of interaction between collectors and debtors have been legally fixed, within which it is clearly stated that such interaction provides for:.

non-interference in the debtor's personal life (this means that it is impossible to threaten him, call him on the phone at night or disturb the debtor's relatives with calls);

conscientiousness of collectors (this means that during their work they can only indicate real debts, confirmed by debt documents);

non-disclosure of information about the identity of the consumer (that is, non-disclosure of information about a person’s debts at work, among relatives, acquaintances, etc.).

At the same time, collectors can conduct telephone conversations with you about the debt or personal meetings only in the presence of a lawyer.. An important point - collectors do not have the right to come to your home, work, your relatives, etc..

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In the presence of any of the above violations, the debtor has the right to complain to the court, and the evidence of the collector's guilt in such cases threatens him with criminal liability for extortion.

In recent years, despite the fact that they are trying to clean up the work of collectors, their methods have not improved much.. At the same time, the level of debt of the population to microfinance organizations and banks on consumer loans is growing, therefore, the number of violations committed by collectors in their work is also increasing.. However, the awareness of citizens about their rights, as well as the readiness for a constructive dialogue, help to bring communication with collectors to a more civilized level..

First of all, if a collector calls you, you need to clearly describe the situation with the availability of funds, plans for earnings, and at least try to indicate a clear time frame when the debt can be repaid.

In an ideal world, you can be guaranteed to protect yourself from intrusive calls of collectors only by paying off debts. But recently, the financial situation of many quite solvent borrowers has changed radically, this is clear to everyone, including banks, for which a civilized debt restructuring is always better than writing it off as bad, with further involvement of collectors in collection. So if you find yourself in a difficult situation, do not hide, do not hesitate, but report it to the bank, and they will meet you halfway.

Unfortunately, in addition to banks, loans are also issued by microfinance organizations, which most often do not carefully assess the solvency of the client, offer quick loans at incredible interest rates, and do not fully disclose the conditions of these loans..

Their guilt in increasing the debts accumulated by the population is no less than the guilt of debtors who, having already taken a loan, did not plan to return it. So a logical and important step in the struggle for civilized relations in the lending market will be to strengthen regulatory requirements for such organizations and punish those that are not able to work without expanding the scope of work for collection organizations..

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Read more articles by Maxim Oryshchak at the link.




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