Reality and fiction
If to open forums and blogs of collection firms, it is possible to see material tons about "punishments" of debtors. It and gangster raids, are also ringing in the middle of the night, and intimidation, moral, and sometimes physical pressure. Actually further calls by phone and several personal meetings, without any physical violence, business will hardly reach.
All the matter is that collection office, as if they did not try to pose as people, terrible and ready on any action, is usually very law-abiding. The employees calling by telephone and frightening administrative, and sometimes and criminal liability - only well trained rude fellows, no more than that. They earn on bread by that enter the debtor into a condition of confusion and a fright.
If collectors carry out any illegal actions in your party, you can always defend. Can provide protection to you as personal literacy, so competent lawyer-anti-collector. Mirsovetov suggests to examine the most frequent types of intimidation and methods of fight against them.
The best protection – attack?
If you do not liquidate the debt to bank and it gives your debt to collection offices (thus you already held negotiations and with the credit expert of bank, and with security service of the creditor), action takes place usually on two branches of development:
- the bank completely resells your loan agreement to collectors. If it happens, most likely, your debt absolutely "unpromising" for bank and collectors also check your hopelessness;
- the bank leases the credit agreement for a certain term (usually it is three months) and if collectors manage "to beat out a debt", they draw from it interest. Therefore you should not be surprised that you are called by the different organizations.
Whatever of these cases was yours, it is necessary to know how it is possible to fight against collectors. It should be taken into account that attacks options at collectors an infinite set, at them there take place the whole trainings and training in this respect. But it is necessary to examine the main methods of influence nevertheless.
- Collectors – masters of pro-rings. It is their main lever of influence. If they too bothered you, it is worth replacing 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 about you malicious information extends, you can tell to the employee of bureau that intend to appeal to the prosecutor's office with the claim for protection of honor, advantage and business reputation. The matter is that so far there is no resolution of court on recognition you the debtor, all data on you can be regarded as slander.
- If collectors press on you, calling on phone at night and if "visit" in the middle of the night, you can declare in militia and write the application for inviolability of the dwelling and the more so private life.
- Threats and any attempt to influence you it is physically illegal, and it is possible to submit safely the application to the militia under the article "hooliganism". Even the smallest threats need to be stopped instantly.
- If you are threatened with the article "fraud", and there are levers of influence. The matter is that you cannot be the swindler if at least once paid the bill – means, initially there was no intention to leave from debt.
Rules of conversation with a collector
The employee of collection bureau calling you as was already told, is, first of all, the same working person and the citizen, as well as you. And as if he did not intimidate you and was not rude, you have to remember the basic rules which performance is very important for you:
- at each call of the worker to you demand it full full names, the name of the company and a post. In case of refusal stop conversation;
- to write down all calls on a dictophone, to warn that conversation registers, it will strongly damp an ardor of the calling. Together with it do not forget to write down time of all entering calls and to keep the received sms;
- when you are called by new collection agency, demand documents which confirm the right of this bureau for work with your debt.
Alternative methods of fight
- You can also complain in Rospotrebnadzor. There your complaint will be accepted and will be engaged in check of collection bureau. If business comes to court, the staff of Rospotrebnadzor will represent your interests.
- In case of continuous threats and intervention in private life, appeal to the prosecutor's office. But remember that at you the full range of proofs has to be built: SMS, talk. By the way, records from a dictophone have to be postponed for a magnetic film, only this way they will be considered as the proof.
- There is an association of collectors under the name NAPKA. If actions of bureau passed any framework, write the complaint there.
- If at you really difficult financial position (loss of property, an illness), that, having brought evidence, it is possible to pay nothing. Approximately in three years, this term is a limitation period, you will leave alone.
- It is possible to file a lawsuit independently with a request to lower penalty fee and penalties, but it is important to remember that it is necessary to extinguish the credit all the same at least 30-50% of the salary sum.
What to do if there is no opportunity to pay the credit?
Interaction with collection offices always unpleasantly. Therefore it is best of all not to allow it. If in your family there was a misfortune or simply the black strip accompanies, the option "it is simple not to pay" and "to do nothing" here does not approach at all.
- Report in bank about the temporary insolvency. For this purpose it is necessary to send the registered mail to the central office.
- Important to agree with bank. Offer interesting options. One of the most widespread: restructuring of the credit when only percent are extinguished, a body of the credit remains on a place. Banks too in a difficult situation, too it is important to them to receive though some money.
- If to pay there is no opportunity any, suggest bank to use mortgage property. It is possible to give it or to lease to bank. But remember that it is more favorable to bank to receive cash, than to compete with your property.
- Do not avoid calls from bank. Answering phone, disconnect emotions, they superfluous. Try to agree.
- Do not stop paying. While negotiations are conducted, pay at least the symbolical sum, it will approve you as person of the conscious and responsible payer.
- All arrangements which consist between you and bank, even the smallest, have to be by all means recorded on paper.
- Consult with the lawyer. He will prompt that it is possible to make not to pay or pay on a minimum, and what risks can expect you.
- Remember if the court already recognized you as the defaulter, the subsequent evasion from payment of a debt becomes punishable already under criminal articles. So with it it is better not to joke.