Collectors are threatening me. What to do if collectors threaten you

Lately, loans often lead people into debt. When taking out a loan, people are confident in their solvency and do not at all expect that they may lose their job or become seriously ill in the near future.

If such a situation arises, banks react very quickly to the situation and, if the debtor refuses to pay, they sell the debt to a special agency. Professional collectors of monetary debts are called collectors. Employees of such agencies use a variety of methods to collect funds in their activities, many of which are often illegal. In our article we will talk about how to behave when debt collectors call and threaten you, where to turn in such a situation and how to protect yourself from illegal persecution.

Every debtor should have an idea of ​​what to do if debt collectors call and threaten. It is unlikely that you should expect such guests, since there are no legal grounds for such a visit, but they are capable of constantly calling and traumatizing the psyche of residents. To have an idea of ​​how to deal with debt collectors, you should first understand what rights an agency employee has and what responsibilities he assumes when applying for a job.

So, who is a debt collector? Essentially, we are talking about a person who receives the right to the debt obligations of a particular citizen from the original creditor under an assignment agreement. According to such a document, the collector has the right to receive the debt upon collection. He has no more rights.

When signing an agreement, the citizen assumes certain responsibilities. In particular, the collector must notify the debtor that the loan is overdue, ask him to pay the required amount and inform him that the case is being referred to the court. The important point is that the conversation should take place in a polite manner, correctly, without insults. Unfortunately, in the vast majority of cases, debt collectors exceed their authority and behave in an illegal manner.

How to behave if a debt collector calls?

Even if such citizens have an assignment agreement, they will not come to the debtor’s house. For this reason, debts on consumer loans of citizens are redeemed extremely rarely, since they do not bring any significant profit to collectors. Most often, creditors act on the basis of an agency agreement with the bank. The debt collector simply represents the interests of the creditor and acts on the basis of an agency agreement. In this case, if such a person calls, you should proceed as follows:

1. First, you need to find out on what basis such a person is acting, and if there is no assignment agreement, then the conversation can end.
2. If such an agreement exists, then it is necessary to request a notarized copy.
3. Even before starting a conversation, it is recommended to turn on the voice recorder on your phone to record the conversation for threats.

In the future, the resulting recording may become evidence of illegal measures taken by the collector, as well as his rude and boorish behavior.

What actions to take when threats start coming in?

The fact is that the task of each collector is to take all necessary measures in order to put pressure on the debtor and, as a result, receive not only the entire debt, but also interest on the loan. Threats are the most effective way to get the required amount.

If conversations do not help, then the following actions may include:

• filing an application with law enforcement agencies;
• sending an application to the prosecutor's office;
• appeal to the court.

The important point is that it is not necessary to notify the offender. The injured citizen must carefully consider the preparation of an official appeal and the preparation of the evidence base. This will guarantee protection from the attention of collectors.

How to make a statement to law enforcement agencies?

After completing a telephone conversation with the offender, it is necessary to take measures to solve this problem. To do this, you will have to draw up an application and submit it to the authorities.

The document will require the following information:

• the name of the agency with which the citizen cooperates;
• personal data of the interlocutor, if such information is available;
• time the call was received;
• the phone number from which the call came.

The main task of the citizen is to describe what techniques the offender used in the conversation and what he said during the conversation.

If there is no record, then there may be a problem with resolving the issue. In this case, you can request call details from the telecom operator, make a recording, or ask another citizen to be present while communicating with the debt collector. The prosecutor's office or other body is required to accept a statement and initiate a criminal case on the basis of extortion, fraudulent actions or hooliganism.

Conclusion

To summarize, it is worth informing that you should not be afraid of calls and visits from debt collectors, since they do not have any rights or legal grounds to make demands. Even if this happens, it is quite possible to contact law enforcement agencies or the prosecutor’s office with a statement to resolve the issue.

When taking on credit obligations, a person must understand the responsibility that he bears when borrowing funds. There is no fundamental difference between borrowing from a bank or a microfinance organization; in any case, the debt must be repaid according to the agreement. If so, it is better to immediately notify the lender and find ways to solve the problem. When a borrower simply stops making regular payments, the lender contacts a collection agency. He may assign the debt to collectors or ask them to provide services in communicating with borrowers in order to recover funds. If your debt is transferred to collectors, it is worth knowing the basic rules of communication with them, as well as studying their methods of influence.

Collection agencies are an intermediary who communicates with the borrower on behalf of the lender. The purpose of the collection agency is to return to the lender the money that is not returned by the person who took out the loan. Collectors pursue their own interests while representing the bank. Most often, such intermediaries receive a certain percentage of the debt that is repaid by the person after their work. This is why collectors are more active when communicating with borrowers on large loans.

The activities of any collectors can be divided into several stages:

Please note that the activities of collectors are regulated by the following rules and laws:

• Collection agencies are required to act within the framework of the civil and criminal code, that is, they are prohibited from: threatening, humiliating, insulting, slandering and committing other illegal actions against the borrower.
• Collectors do not have the right to invade the debtor’s home without his permission.
• Collectors have the right to carry out their activities on weekdays from 6 am to 10 pm, that is, their calls at night or on weekends are illegal.

The most common method used by debt collectors is blackmail. Collection service employees often report that they will tell the debtor’s friends various nasty things about him. With the active emergence of social networks, it has become more difficult to control the activities of debt collectors, since they often register fake accounts in order to disseminate false information about the borrower in personal messages to his friends. It is extremely difficult to hold debt collectors who act this way accountable.

Collectors also often threaten debtors with legal proceedings, stating that they will have to not only pay the debt, but also pay legal costs, which can reach impressive amounts. In addition, representatives of collection agencies may claim that the debtor’s property will be taken away through the court. In such a situation, the best option would be to contact lawyers who, before the start of legal proceedings, can explain to the debtor in detail what rights he has to reduce the debt, and what property he risks losing.

As noted above, debt collectors are required to act within the law, but they often go beyond it. Threats of robbery may be made directly to the debtor himself or his relatives. If collectors come home and demand that you give them property to pay off the debt, this should under no circumstances be done, since they do not have such powers.

Important: When meeting in person with a person who introduces himself as a debt collector, be sure to check his documents. There are cases when fraudsters learn from banks about people who have overdue loans and extort money from them, pretending to be employees of collection services.

If real collectors threaten the debtor, his guarantor or relatives, you should:

1. Contact the bank that hired the collectors with notification of the threats;
2. Write a statement to the police.

Please note that if collectors carry out illegal actions - they paint on the walls in the entrance with a demand to repay the debt, send threatening letters or messages, all this must be saved and recorded in order to provide it as evidence to the police and the bank.

There are statistics that indicate that the efficiency of collection work is at the level of 50%. About half of borrowers cannot withstand the influence of collection services, deciding to pay the debt. If you plan to wait for the court hearing and do not intend to comply with the demands of debt collectors, you need to learn the basic rules of communicating with them.

It is important to remember how to deal with debt collectors over the phone:

By following these rules, you will be able to keep the activities of debt collectors within the law. When representatives of collection services see the debtor’s legal illiteracy, they increase their pressure, realizing that he will not be able to oppose anything to them.

When guaranteeing a loan, a person takes responsibility to pay the debt for the borrower if he refuses to pay. At the same time, employees of collection services do not have the right to demand payment of the debt from the guarantor; this can only be established within the framework of a court decision. If the guarantor pays the debt for the borrower without a court order, he will have a reduced chance of subsequently collecting this money in court from the person in whose name the loan was issued.

That is why the guarantor’s model of behavior with collectors should be reduced to complete exclusion from communication with them. If possible, change the phone number to which debt collectors call. Most often, they have little information about the guarantor, and they put more pressure on the debtor.

What to do if debt collectors threaten you for no reason

Banks are actively fighting fraudsters who apply for loans using other people’s passports, but they cannot completely eradicate this problem. If you lose your passport or provide your data when applying for a loan, you can find out about the existence of a debt only at the moment when it has already been transferred to collectors. In such a situation, you should not panic, and it is important to find out from the collectors which bank they represent, so that you can later contact it with a statement stating evidence that you did not apply for a loan.

The life of a debtor does not end with debt obligations, and this is not a reason to threaten him. But collectors are professional debt collectors and readily use these methods in their activities. Therefore, every debtor should know what to do if debt collectors make threats over the phone. They are unlikely to come home, but they are quite capable of disrupting the psyche remotely.

Threats by phone

Rights and obligations of the collector

In essence, the collector is the legal successor of the debt obligations that he received from the creditor on the basis of an assignment agreement. According to this agreement, the collector has the right to receive payment of the debt. All! This is where his rights end.

The agent's duties are to notify the debtor that he has an overdue debt, ask him to pay the debt voluntarily, and notify him that the case has been sent to court. The conversation should take place in a correct manner without insults.

In 99% of cases, collectors exceed their powers; the law protects the rights of the debtor if this fact is established.

What to do if a debt collector calls

Collectors will not come home, even if they have an assignment agreement in their hands, and this happens extremely rarely. Because agencies rarely buy out consumer loan debts of ordinary citizens, they do not generate significant profits for them. They usually act on the basis of an agency agreement with the bank; the right to claim the debt remains with the creditor, and the collector represents his interests.

If a collector calls you need to:

1. Inquire on what basis the person is acting; if there is no assignment agreement, then there is nothing further to talk about.
2. If the bank has assigned the rights of claim, then you need to ask for a notarized copy.
3. Before starting a conversation, you need to turn on the voice recorder on your phone, it is advisable that the device is equipped with this function, and warn the interlocutor about this. Usually, after such a maneuver, no threats are received at all.

Try to fix any contact with the collector. Record telephone conversations with a voice recorder.

What to do if you receive threats over the phone

The task of the collection agency representative is to put pressure on the debtor, force him to pay the debt with all interest, fines, penalties and penalties, and these can be several times higher than the loan amount. Threats are the most effective method for collecting debt.

What to do if debt collectors call and threaten:

1. Write a statement to law enforcement agencies.
2. Report to the prosecutor's office.
3. File a lawsuit.

It is not necessary to notify the offender of your intention to contact law enforcement agencies.

How to write a statement to the police or prosecutor's office

At the end of the telephone conversation, you should go to the police station and leave a statement. It must indicate:

• agency name;
• FULL NAME. interlocutor, if known;
• Time to call;
• the phone number from which it came.

The task is to specifically describe in the statement what techniques the offender used in the conversation and what he said. If there is no recording of a telephone conversation, it’s not a problem. You can ask your mobile operator for details of calls for a specified period and ask someone to be present during the conversation so that he or she can be a witness in the future. If the police accept the statement, it will be transferred to the prosecutor's office to initiate criminal proceedings on the fact extortion, fraud or hooliganism.

Sample statement to the police

If the police do not accept the statement, you can safely contact the prosecutor’s office, they are required to accept it and conduct an investigation.

You need to decide on your own where to go if collectors threaten you. In any case, if collectors find out about the client’s application, they are unlikely to call again with threats.

Lawsuit

No one prohibits a debtor from filing a claim in court if telephone calls from debt collectors have a negative impact on psychological or physical health. For example, threats from debt collectors caused the borrower to have a stroke, after which he was admitted to a hospital where he received treatment.

As judicial practice shows, in this case we are talking about on compensation for moral damage, which is assessed in monetary terms. It is enough to file a claim in a court of general jurisdiction demanding that the collector, or the agency he represents, compensate for the moral damage caused by them. The claim must be accompanied by evidence, medical certificates, telephone records, and witnesses.

Prohibited practices of debt collectors

Note: You cannot go to court with threats, only to the prosecutor's office. After conducting an inspection, she will initiate a criminal case and take it to court.

It must be remembered that the law protects the rights of the debtor first and foremost. There is no need to waste time if you receive a threat over the phone; you need to react immediately so that the offender cannot carry it out. Collection agencies will use these debt collection methods as long as they produce results.

Recently, cases of threats to life over the phone, which are received during a conversation or in the form of SMS, have become more frequent. It is believed that the attacker should simply be ignored, he will get tired of threatening and the phone calls will simply end. However, such an approach is not always effective and often provokes the threat to take radical measures.

What to do if they call you on the phone and send you SMS messages with threats - a step-by-step action plan

The Criminal Code of the Russian Federation has article 119, which is “dedicated” specifically to threats. From its description we can conclude that the attacker can be punished only if his actions are proven.

There are a number of rules by adhering to which you can protect yourself and punish the criminal:

1. When an unfamiliar number calls, you need to answer briefly and not immediately say your name. You need to ask the name of the interlocutor.
2. If a caller is threatening you, you should not panic or react emotionally because that is what the attacker wants you to do. In this case, you need to stop the conversation.
3. If this is not the first time they have made threats over the phone, it is necessary to take action. So, this requires installing an automatic telephone number identification and a sound recording device that will document your calls and conversations.
4. If you don’t have the necessary devices, try to record the conversation in more detail on a piece of paper. It is necessary to find out as much as possible about the attacker - to do this you should talk to him. From the conversation you can find out the person’s age, his voice, as well as timbre, possibly accent. It is important to determine where the intruder is located. This requires listening to the background on the other side of the tube. Moreover, you need to know exactly the time of the incoming call and its duration.
5. During the conversation, you can try to find out the reasons and motives for the threats. Find out what they ultimately want from you, how you can contact the person threatening you if you can fulfill all his demands.

Where to go if you receive threats over the phone?

If they call and threaten you with violence over the phone, you need to file a police report. The application requires a detailed description of all the information received, as well as a recording of the conversation. It is very important to write a statement in 2 copies, on which the law enforcement officer must sign and accept 1 copy, and hand the other to you.

Often such statements are not accepted, since the threat can only be used to frighten a person and does not threaten his health or life. If your statement is not accepted by the police, you can contact the prosecutor's office.

How to prove the fact of threats - recording telephone conversations, printouts of calls and other methods

The application will be accepted by the police only if the applicant provides clear evidence of threats.

In this case, evidence may be:

• threatening SMS;
• Dictaphone recording of a conversation with an attacker;
• printout of telephone conversations.

What sanctions does the law provide for threats over the phone?

According to Article 119 of the Criminal Code of the Russian Federation, a criminal will be punished for making threats over the phone only if there are grounds for carrying out a threat to health and life. The preventive measure ranges from 6 months of forced labor to 2 years of imprisonment, depending on the severity of the crime.

Important! Unfortunately, in the case of telephone threats, it is quite problematic to prove the fact of a threat to life and health in order to punish the guilty person, even if there is evidence described earlier.

If you receive threats, there is no need to panic. Try warning the person making the threat that the conversation is being recorded and that you will contact law enforcement if the calls do not stop. You can also try blocking incoming calls from unknown numbers.

ATTENTION! Due to recent changes in legislation, the information in this article may be out of date! Our lawyer will advise you free of charge - write in the form below.

Last updated February 2019

Today, Russians are experiencing a peak in their debt burden and an increase in the volume of problem debts. The activities of collectors have long been subject to harsh criticism. Let's consider the main problems that they can create for the debtor.

Does the collector have the right to take care of your debt?

To do this, you should read the loan agreement. If it prohibits assignment (assignment of the right of claim), then the bank has no right to sell the debt to third-party organizations. It is worth noting that recently loan agreements indicating such a prohibition are practically not concluded. That's why:

• the collection agency can either buy the debt in full
• or for a fee (up to 50% of the principal amount) help the bank cope with the situation and return the borrowed money.

In both the first and second cases, the debtor’s direct consent is not required, but he must be notified by mail or other accessible means.

If we are talking about challenging the right of collectors to work with a specific debtor, for example, when:

• the agreement provided for a ban on assignment
• or no one notified the debtor,

then you need to apply to Central Bank of the Russian Federation, since it is in charge of a separate department for supervision of the activities of banks on the issue of compliance with current legislation (banks are extremely afraid of such complaints). This can be done on the official website of the Central Bank; the alternative is to go to court.

Legal basis for the work of a collector

There is no law on the activities of collection agencies in Russia yet. At the same time, there is a federal regulation that quite clearly regulates the work of bank and other employees in debt collection. Thus, the law “On Consumer Credit” specifies in detail the possibilities of the collector and the limitations of his intrusion into the personal life of the debtor. See also.

Powers of collectors

According to the law, employees of collection agencies have the unconditional right only to mail to the debtor (while it is prohibited to indicate on the front side of the envelope the amount of debt and the very essence of the obligation), telephone and personal conversations, text messages - and all this strictly at certain hours:

• on weekdays - from 8 a.m. to 10 p.m.;
• on holidays and weekends - from 9 a.m. to 8 p.m.

Collectors are well aware of when they can call, but often violate these restrictions (see).

Other forms of interaction between the collector and the debtor

Other ways to achieve payment of the debt by the borrower are allowed only with the written consent of the latter. These may include:

• reporting to the debtor’s place of work about problems with debt obligations, reporting to work, communicating with superiors and colleagues;
• calls and visits to the place of residence of persons specified as contacts when concluding the agreement, relatives, relatives, spouses, children and parents of the debtor;
• requirement for early repayment of the entire debt if there is a delay of less than 60 days;
• illegal actions provided for by administrative or criminal law (damage to property, insults, threats, slander, as well as situations where collectors threaten the debtor’s neighbors, etc.

Any threats are prosecuted by law

What can debt collectors do and what should a borrower do when they threaten?
Any deviations from the restrictions specified above, as well as contacts accompanied by threats, are an unconditional basis for deprivation of the collection agency’s license and, if the debtor goes to court, compensation for moral damages.

Based on judicial practice, debt collectors are rarely brought to criminal liability, although there are hundreds of thousands of allegations of illegality of their actions. The problem is that it is difficult to prove the reality of the threat expressed or written by the debt collector. Indeed, in the overwhelming majority of threats, they are only verbal; no action is taken to implement them.

In some cases, criminal cases are initiated when words are supported by actions:

• arson of the entrance
• pushing, pressing against the wall
• violent entry into an apartment with breaking down the door, etc.

Where to write a complaint against debt collectors

• To the police - when the debtor or his relatives are outraged by the methods of work of collectors (if they call at work every day, periodically call relatives), and also if there are signs of serious violations of criminal or administrative legislation (for example, they call with threats), then you should contact the police .
• To the prosecutor's office - in addition, regardless of whether the threat is made over the phone or in person, you can file a complaint with the prosecutor's office.

How to deal with debt collectors

Consideration of complaints takes time, but calls from collectors continue? If collectors call you, just add their numbers to the blacklist: you are not obligated to talk to them.

• If you constantly repeat that all issues will be resolved by the court and not go into detailed discussions about your difficult financial situation, you can quickly ensure that collectors do not call at all.
• Never let debt collectors into your home, under no circumstances.
• Don't give them any documents, indicating partial repayment of the debt, your financial situation, information about your loved ones, children, place of work and the presence of property.
• Record all calls and do not delete the call log (if they call at night), SMS messages (when they write SMS with threats) - all this can be useful to you regardless of where you decide to go: to court, to the police or to the Central Bank.
• Use a voice recorder- all threats in personal contact with the collector should be recorded on a voice recorder, as well as telephone conversations.
• Take photographs of signs made by collectors on the entrance, doors, and other signs of damage on your property.
• Invite the local police officer and re-record all this in his presence and in the presence of witnesses.

Collectors on social networks

Recently, collectors not only write in debtors’ hallways, but also actively communicate on social networks, thus trying to reach the debtor and establish his social circle and interests. Collectors explain their actions by saying that they are trying to establish the location of debtors who deliberately disappeared.

The best thing in advance close profiles on social networks (or change your first/last name) so that collectors cannot see your relatives, friends, children and do not write reminders and threats on your account. Or at least limit it with a “friends only” filter and set a strong password.

Does a debt collector have the right to write reminders or threats on the debtor’s social networks?

• According to the meaning of the law, the form of activity of collectors, when they write on social networks, refers to a special permit, that is, this must have the written consent of the debtor.
• So, if they wrote to you, as a debtor, on “VKontakte” without your permission (which none of the debtors will ever give), you have the right to contact the prosecutor’s office with a statement about a ban on the activities of the collection agency and a violation of private life.
• It doesn’t matter whether they threatened you with violence or politely reminded you of your debt.

In addition, knowing how debt collectors can threaten a loan, it is better to resort to an additional measure: go to the bank in whose interests the debt collector is acting (he is obliged to introduce himself and provide information about the loan, the bank, the amount of the imaginary debt) and write a statement indicating lack of grounds for employees working with problem loans to contact you.

If you have questions about the topic of the article, please do not hesitate to ask them in the comments. We will definitely answer all your questions within a few days. However, carefully read all the questions and answers to the article; if there is a detailed answer to such a question, then your question will not be published.

83 comments