We will talk about the law No. 130 FZ, which was signed by our president. There was a lot of panic about this law. People are scared because of their legal illiteracy. The main points of this law come into force on January 1, 2017. The new law on collectors has already been signed by Putin V.V. and approved by the State Duma.

The main points of this law

This law does not apply to the actions of individuals, that is, when debt obligations are concluded between individuals and if there is no assignment agreement. This law does not apply to loans taken individual entrepreneurs. Further, this law does not apply to housing and communal services debts if there is no assignment agreement.

What does the new law imply?

Three methods of interaction with the debtor:
• 1. Through telephone conversations, personal meetings;
• 2. Voice and text messages;
• 3. Postal correspondence.

In the first way, only collectors and credit organizations holding such a license.

What can banks do now?

They will try to sew in new terms of the contract. Make additional agreements to the contract. Persons who took a loan before the adoption of this law, it does not apply. Unless, of course, they sign a new agreement. But it is unlikely that there will be such a person who wants to do this. Be careful when signing a contract.

Be sure to read the fine print. You cannot interact with third parties. Except when the debtor himself wants to do it. Or the third party does not give its consent. There is a possibility that additional new agreements will be attached to new loan agreements, and the borrower can automatically sign a sentence for himself. Personal data may be transferred together with the assignment agreement, even if the assignment agreement has not been concluded.

The new law provides for the issue of not hiring a collector of persons with a criminal record under articles relating to encroachment on human life. Maybe this will help put things in order in the ranks of the collectors. There is such a provision in the law, the creditor is obliged to act in good faith and reasonably.

Collectors must not be threatened or used physical force. That is, if there are threatening calls. This is being treated as a criminal matter.

• 1. You can not threaten the destruction and damage to property;
• 2. It is impossible to allow psychological impact on the debtor;
• 3. You can not use words that degrade the dignity and honor of a citizen;
• 4. It is forbidden to mislead the debtor. That is, to tell the borrower, if you do not pay the debt today, tomorrow you will pay 2 times more;
• 5. Collectors are not allowed to do accessible information about the debtor to other persons. The law prescribes such a clause, if the debt under the terms of the agency agreement was transferred to collectors, then the bank does not have the right to transfer the agreement to another agency if the former, for some reason, assigns its rights. This is regarded as disclosure to third parties. In this case, the bank is subject to a fine and compensation for losses.
• 6. It will not be possible to leave information about the debtor in in social networks. The Borrower has the right to refuse interaction through telephone conversations and personal meetings. In this case, it is necessary to draw up an application and notarize it, or send it by registered mail with a list of the contents by mail.

If you have any questions feel free to ask

Significant amendments were made to the legislation regulating collection activity. We will tell in the article what caused such adjustments and what's new in the law on collectors.

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○ Reason for creation.

In recent years, cases of threats from collectors have become more frequent. Citizens regularly complained about arbitrariness, damage to property, insults and other illegal actions on the part of employees of collection agencies.

It was the desire to stop such arbitrariness that became the main reason for the development of adjustments to the current legislation. The changes affected almost all aspects of collection activities, as well as notarial and judicial debt collection.

○ What will be the changes?

The following main changes can be distinguished:

1. Collectors can start calling the debtor only after the bank notifies the borrower of this intention. The notice must be sent by registered mail with acknowledgment of receipt to the addressee.
2. Calls, letters and meetings can only take place during certain hours. On weekdays, it is forbidden to disturb the borrower from 22:00 to 08:00, and on weekends from 20:00 to 09:00.
3. Collectors are prohibited from calling more than once a day and twice a week. Personal meetings are also limited - no more than once a week.
4. When communicating with the debtor, the collector must fully introduce himself.
5. It is forbidden to tell anyone about the existence of a debt. The collector is not entitled to call the work, relatives, neighbors or other persons.

Collectors do not have the right to use methods of psychological influence on the borrower. Blackmail, threats, use of force and other unlawful acts can lead to criminal proceedings.

Now the borrower has the right to refuse to communicate with collectors. To do this, he will need to apply to the bank with a written application.

Paragraph 1 of Art. 8 Federal Law No. 230 of 07/03/2016:
The debtor has the right to send to the creditor and (or) the person acting on his behalf and (or) in his interests, an application regarding interaction with the debtor, indicating:

1. Implementation of interaction only through the representative specified by the debtor.
2. Refusal to interact.

Before starting communication, the collector is obliged to introduce himself and report the name of the agency, of which he is a representative. In case of violation of any requirements of the law, collectors may face a fine of up to two million rubles.

✔ Persons who cannot be involved in collection activities.

People with a criminal record cannot conduct collection activities. This takes into account crimes committed against a person, public order, state power or in the economic sphere.

Paragraph 4 of Article 5 of the Federal Law No. 230 of 07/03/2016:
Involvement in interaction with the debtor of persons who have an unexpunged or outstanding conviction for crimes against the person, crimes in the sphere of the economy or crimes against state power and public safety is not allowed.

✔ Invalid actions.

According to the amendments, collectors are prohibited from:

• Cause physical or psychological harm to the debtor or his relatives, as well as threaten them.
• To confiscate or damage property, as well as to threaten to forcibly recover property in payment of a debt.
• To exert psychological pressure on the debtor and use illegal methods of debt collection.
• To mislead the debtor about information about the debt and the negative consequences for the debtor's relatives.
• Hide the phone number from which calls and SMS are made.

It is also not allowed to transfer personal data of the borrower to third parties.

✔ Prohibition on the transfer of personal information to third parties.

The legislation contains a direct ban on posting information about the debtor and the amount of debt on the Internet and other places of public viewing. Disclosure of data to the employer, neighbors, relatives and colleagues of the debtor is not allowed.

If the collectors do not comply with these requirements, it is necessary to write a notice of refusal to communicate, withdraw consent to the processing of personal data and file a complaint with the prosecutor's office.

○ Period for making calls.

The time for communication between collectors and the debtor is limited by law. First, no more than one call per day and two calls per week are allowed.

Secondly, on weekdays, calls are allowed until 22:00 pm and from 8:00 am. On weekends and holidays, the period is reduced to 20:00 pm and from 9:00 am.

Collection agencies are not new to the market. financial services. Most debtors on loans at least once had to communicate with representatives of such companies that make demands on the borrower for repayment bank loan. About what rights collection agencies have in accordance with the new law on collection activities and what they cannot do, we will tell in our article.

Fundamentals of collection activity

Non-payment of the loan will result in serious problems for the debtor: court, forced collection of funds, arrest of accounts. But that's not all that can threaten. The most unpleasant thing for a borrower is communication with collectors who do not always use legal methods activities. But even recovery under the law is clearly not a pleasure for the debtor.

The main goal of the agency is to work with overdue debts, communicate with borrowers and collect debts. The activities of such companies are as follows:

• Collecting a loan or other kind of debt;
• Appeal to the court for the purpose of forced return of the debt;
• Releasing a bank from an illiquid loan.

Why does the bank transfer the right of collection to other persons if it can demand the return of the debt itself? Financial institutions of any level get rid of a loan that seems hopeless to them. Borrower evades obligations judicial recovery unpromising - the bank does not need such debts, since it is important to have a positive balance of activity.

According to Article 12 of the Federal Law 353-FZ "On consumer credit(loan)” the bank may transfer the possibility of claiming the debt to third parties.

The law on collectors allows you to fully sell all debt to collectors. Also, the bank has the right to retain the status of a creditor, while the agency will act as an intermediary - a recoverer.

We study the legislation

According to the law, collectors can collect an overdue loan only if the bank agreement contains a condition on the assignment of rights. In fact, when applying for a loan, the borrower agrees that if the money is not returned, the lender will sell the debt to third parties.

Together with the possibility of debt collection collectors receive personal data of the borrower, originals of the loan agreement and other papers owned by the bank. After the assignment agreement (transfer of the debt to the agency) is concluded, all issues must be resolved with collectors. This is what the law says, but recently there have been changes in it.

New Federal Law No. 230

One of the important changes is the introduction by the state of a special law on collectors, which establishes the rules for their activities. If earlier collection agencies could work with debtors in any order, now everything has changed.

Installed federal law No. 230 On collection activities and the procedure for collecting debt The rules include the following:

1. Methods of conducting work on the collection of overdue and unpaid debts.
2. Subject of collection, methods and frequency of their application.
3. List of persons and organizations that can conduct activities, as well as the procedure for registering agencies.

In practice, this means: all the actions of collectors are described in the new law, and now, at the state level, acceptable and unacceptable methods of communicating with the debtor and collecting debts are defined.

Clause 9 of Federal Law No. 230 obliges the bank to notify the borrower that the rights to claim the loan have been transferred to a third party within 30 days from the date of assignment.

Borrowers can complain about any wrongdoing by debt collection companies. For example, debt collectors do not have the legal right to threaten, call relatives and transfer information about the debtor to unauthorized persons.

What has changed since January 1, 2017?

Since collection activities were not previously regulated by law, debtors often lived in constant fear. Of course, non-payment of a loan is a serious offense, however, collection methods must be loyal. What has changed since the beginning of 2017?

Rights of agency employees

The new legislation has set a strict framework for the activities of companies dealing with bad debts, significantly reducing their powers. Here's What Collectors Can Do Right Now:

• Conduct telephone conversations, send letters, send SMS messages;
• Collect debt in court;
• You can hold personal meetings with the borrower.

Communication with an unscrupulous bank client in any of the ways permitted by law is a pre-trial way to resolve the conflict. Often, collectors meet the debtors halfway, offering favorable terms for them to repay the loan.

Only one employee of the company should work with the debtor, fully introducing himself to the borrower. Changing the creditor or disclosing personal information to outsiders is unacceptable.

The consumer himself, according to the law on collectors, can refuse any communication by submitting a letter to the organization after the expiration of 4 months of delay in repaying the debt. If the agency has fully redeemed the debt under the assignment agreement, then the new creditor has the right to recover the loan in court by filing an appropriate claim.

What is prohibited?

With the reduction of the rights of collection agencies new law introduced a substantial list of prohibited practices. Norms have also been established regarding the permissible procedure for collection. Collectors are prohibited by law.:

• Make calls to relatives, colleagues and friends of the debtor;
• Coercively take property, threaten or use physical methods impact;
• Hide information about the agency, employee. It is unacceptable to deceive and mislead.

Rules have also been established regarding the hiring of collectors. So, in such organizations, persons who have a criminal record cannot work. Rudeness and pressure on the debtor are unacceptable qualities of a company employee.

Calls are now regulated: telephone conversations are allowed no more than once a day and twice a week. A meeting with the debtor can be held only once a week.

Collectors have no right to pester with their calls or letters. All negotiations outside business hours are prohibited (from 22:00 to 08:00 on weekdays, and from 20:00 to 09:00 on weekends).

Case Practice

The main reason for such hatred towards collectors is their working methods, which are aimed at suppressing the will of the debtor in order to collect the debt as soon as possible. But the borrower is also wrong, forgetting about his obligations to repay the loan.

As practice shows, hiding from collectors is not worth it. It is best to negotiate with the creditor about the procedure for paying off the debt. Often, agencies write off accrued penalties and fines, significantly reducing the loan amount.

Collectors are more reserved now, tolerant and ready for dialogue with the consumer. However, phone calls should be recorded and letters saved. So the borrower will be able to further appeal against the actions of collectors if they were illegal.

Useful video

Conclusion

If earlier the activities of collection agencies were not regulated in any way by the state, now everything has changed. In accordance with Federal Law No. 230-FZ, employees of such organizations can call the debtor, send him letters and conduct personal negotiations on the issue of debt repayment. Telephone conversations are allowed only once in essence and no more than twice a week (and only during working hours).

Collectors do not have the right to threaten, use force, confuse the borrower, and also call frequently (negotiations with relatives are completely prohibited). If the terms of the law are violated, the debtor can file a complaint and the agency will be severely punished, up to and including revocation of the license. Our advice to readers: do not avoid the bank or collectors, negotiate with them about restructuring and the procedure for paying off the loan.

The bill on collectors came into force on January 1, 2017 to regulate the work of institutions involved in the collection of overdue debts from borrowers. The latter, in turn, can take advantage of the benefits contained in document 230-F3. They are expressed in the possibility of protecting the rights of a client who finds himself in a situation that implies the impossibility of repaying a debt under a loan agreement.

Law on collectors from January 1, 2017

Officials have been working on this bill for a long time. There have been many studies, discussions, discussions and disputes. However, in the end, a compromise was found, and from January 1, 2017 it became legally binding.

Here's what he gave Russian population this law:

• limits the ways in which collectors interact with borrowers who have debt to a bank or MFI;
• Law No. 230-F3 does not affect the collection of debt on payments for utilities or on other debts, the right to collect which belongs exclusively to bailiffs who have appropriate grounds for that;
• the draft law touched upon the time for personal contact between collectors and borrowers. So, now collection agents can make no more than one call per day, no more than four times a week, no more than 16 times per month. At the same time, a representative of the company can visit the borrower at the address of his residence no more than once a week. It is worth emphasizing that such a number of appeals to the debtor is allowed if he has one outstanding loan. If there are more loans, then the number of requests from collectors increases in proportion to the number of outstanding loans;
• if after the expiration of the 4-month period, the collectors failed to achieve payment of the debt, then they automatically lose the right to continue interaction with this client. Further, the court begins to deal with them;
• one of the most significant restrictions is the prohibition to demand payment of debt when the borrower has officially been declared bankrupt or has provided confirmation of the first category of disability. Also, collectors cannot demand money from incompetent citizens, people who are in hospital, people under the age of 18.

At the same time, the law provides for clear time limits within which collectors can legally apply to debtors. Thus, on weekdays it is allowed to call only from 8 am to 10 pm, on weekends and holidays - from 9 am to 8 pm. In addition, collection firms are prohibited from disturbing guarantors, relatives and friends, if there was no consent of the client.

Who are collectors, where did they come from

As a rule, supply appears where there is demand. And lately our country is going through one after another economic crises. The difficult situation in the economy affects ordinary citizens the most. Many Russians take loans, but for one reason or another they cannot service them. Banks, microfinance organizations and private lenders are suffering losses.

In order to somehow return the lost money, lenders sell debts to third parties (collectors) at half price. Collection services, in turn, resort to the most unpredictable methods to force debtors to pay. Unfortunately, it often happens that individual representatives of this area are more like real extortionists than collectors. They literally cross the line of the law. It remains to be hoped that the law on collectors from January 1, 2017 will contribute to easing the methods of working with debtors.

Conditions under which the collection service can work:

• the organization must be registered in the relevant state register with the specified type of activity, as a return of debts on loans;
• work should not violate any norms and laws;
• the amount of "net" assets of the company should not exceed 10 million rubles;
• the organization is obliged to buy civil liability insurance, the cost of which will be equal to the amount authorized capital enterprises;
• staff cannot contain persons who have a criminal record. Also, managers of the company cannot have a criminal record.

It's important to know!

Collectors are allowed to make an audio recording of all conversations with debtors and keep them for up to 3 years from the moment this detail is recorded on legal paper.

If the company violates any condition, its activities may immediately be banned by the regulator (the Central Bank of the Russian Federation).

What collectors and debtors think about the new law

As many representatives of the profession under discussion note, the new law on collectors from January 1, 2017 will make adjustments to the work of many large and small agencies. At the same time, a significant part of "unscrupulous collectors" will be eliminated, and a considerable proportion will change the approach to labor activity.

The remaining "malicious extortionists" will manage to adapt to any laws and violate them in such a way as not to be noticed by law enforcement officers. As for the opinion of the majority of debtors, this side is naturally interested in any complication of the work of collectors, as this will allow them not to pay loans further. But the benefit of the new law is obvious: there will be fewer unlimited claimants.

Bill "On the protection of the rights and legitimate interests of individuals in the implementation of activities for the return of debts" June 21 was adopted by the Duma and sent to the Federation Council.
It can be assumed that the existing text of the bill will remain without significant changes, because at this stage, as a rule, they are no longer being introduced.

For those who do not master reading the entire post, I will write my conclusions at the very beginning.

The new bill will definitely make debt collection more difficult. But in general, there is nothing critical that can completely stop debt collection. First of all, I am sure the law will “hit” not just collectors and MFIs, but just the borrowers themselves.

From a borrower who “hid” from collection and initially did not want to repay his debt, and before this bill, collecting a debt was not an easy task and often almost impossible. Many MFIs have long used the technology of their risk departments in collections. At the issuance stage, they already assume which of the risky borrowers will be able to recover, and who do not need to spend their resources in the future. Now I'm sure the bar will simply be "raised" for high-risk borrowers. Many soon will not be able to get not only a loan, but also a loan from an MFI. And it's not always scammers.

And of course, these changes will affect small players in the microfinance market. Small collection agencies will have to leave the collection market. Their place will be taken by large market players, and they are not always interested in small volumes of MCCs. I will assume that their portfolios (MKK) will gradually decrease, and income will decrease accordingly. Perhaps many will have to leave the roar.

Creditors will go to courts. And the debts will no longer be collected by collectors, but by bailiffs who have the authority to enforce collection. So thirdly, the bill will significantly increase the workload of the courts.

Together with this bill, amendments to the Federal Law were adopted "On microfinance activities and microfinance organizations":

MFIs are not entitled to accrue to the borrower - to an individual interest under a consumer loan agreement, the period of repayment of a consumer loan for which does not exceed one year, with the exception of a penalty (fine, penalty fee) and payments for services provided to the borrower for a fee, if the amount of interest accrued under the agreement reaches triple size.
Let me remind you that previously this restriction was quadruple.

In case of delay, interest is charged only on the outstanding part of the principal debt and only until the total amount of interest payable reaches two times the amount of the outstanding part of the loan.
For example, the borrower owes 10,000 rubles, interest cannot be charged more than 20,000 rubles. Which ultimately will not exceed the previous limit of three times the amount of 30,000 rubles.

The penalty is charged only for outstanding amount principal debt.

These changes will apply to consumer loan agreements, concluded from January 1, 2017.

Now let's try to deal with the new bill. And so the main points of what awaits us:

1. Interaction with third parties for debt collection (contacts indicated by the borrower, in addition to their own) will be limited.

To interact with third parties, the following conditions must be met:
the consent of the debtor himself and a third party, and no disagreement was expressed on the implementation of interaction with them. Consent can be withdrawn, including by sending a registered letter.

2. Interact with borrowers through personal meetings, telephone conversations, SMS, etc. (everything except mail) can only:

- creditor;
- person acting on behalf of and (or) in the interests of the creditor, only if it is a person with bank status or face, engaged in debt collection activities as the main activity included in the state register (collector). At the same time, when the rights of claim are assigned, the new creditor must be a bank or a collector to interact in the same ways.

3. You can not involve in the interaction with the debtor of persons who have an outstanding or outstanding conviction for crimes against the person, crimes in the economic sphere or crimes against state power and public security, persons located abroad, as well as interact with the debtor from abroad.

4. You can not post information about the debtor on the Internet, a residential building and another building, as well as report at the place of work.

5. The creditor has the right to transfer the data of the debtor to a new creditor or a person when concluding an agreement with him, providing for the implementation of actions aimed at repaying debts (collector) only with the consent of the debtor in the form of a separate document. In this case, the debtor will have the right to withdraw his consent, respectively, after the withdrawal, it will be impossible to make an assignment, as well as transfer the debt to collection to collectors

6. Lender has the right to collect a debt (interact with the debtor through personal meetings, telephone conversations, SMS - everything except mail) only either in person or when engaging only one collector at a time.

7. You cannot interact with the debtor:
- weekdays from 22:00 to 08:00
- on weekends and non-working holidays from 20:00 to 09:00 local time at the place of residence (stay) of the debtor, a known creditor or collector, in accordance with the agreement or other document on the basis of which the debt arose, or in accordance with a written notice debtor;

Interaction frequency:
through personal meetings - more than once a week;
when interacting by telephone:
- no more than once a day;
- no more than twice a week;
- no more than eight times a month.

8. Quantity restrictions introduced for SMS messages and the time of their sending, the mandatory content of the message is set.

Personal meetings and telephone negotiations are prohibited:
- with persons in bankruptcy proceedings;
- with a debtor in respect of which it is known that he:
- is a person deprived of legal capacity, limited in legal capacity;
- is located treatment in a medical organization;
- is disabled person of the first group;
- is minor(except emancipated).

9. Call by phone only from subscriber numbers, owned by a creditor or collector. Can't hide number.

10. The debtor has the right to refuse from interaction or indicate your representative (meaning the refusal of personal meetings, telephone conversations, SMS, etc. - everything except mail; only a lawyer can be a representative). Such notification may be sent through a notary or by registered mail with acknowledgment of receipt or by delivery of an application against receipt. An application for refusal to interact can be sent to the creditor or collector no earlier than 4 months from the date of the delay. At the same time, the adoption of a judicial act on recovery suspends the application for refusal for 2 months.

11. The creditor is obliged within 30 working days from the date of attracting the collector in writing, notify the debtor about this.

12. Collectors will be required to be included in the register, bring a website on the Internet, insure your liability ( sum insured- at least 10 million rubles), etc. The size of the net assets of such an organization has been established - at least 10 million rubles.

13. Collectors must keep and store audio recordings of conversations, storage of text messages, report on their work to the authorized body.