The chairmen of both chambers of Parliament introduced a bill that contains a lot of restrictions for collection agencies. Similar initiatives in the Duma has already accumulated a lot, but in the appropriate Committee declare that the document will be considered on a priority basis. What will change and what is not for those who legally has the right to demand debts, and also for those who require them?
The speaker of the Federation Council Valentina Matviyenko and state Duma Chairman Sergei Naryshkin has made Tuesday to the lower house a bill providing for major adjustments of collectors in Russia.
“At a collector and now, if the debtor does not allow and does not answer, there are no legitimate methods of influence but to sue”
The draft law “On protection of rights and legitimate interests of individuals in the implementation of activities to repay debt” contains a direct prohibition of the use by collectors of physical force, threats of its application, personal injury, property damage, psychological pressure, misrepresentation.
Also not allowed on debt to third parties, including relatives and colleagues, as well as the disclosure of information about the debtor by making them available on the Internet, on the building, the residential building to the General public.
The debtor to call the collector will be able not more than twice a week-to-face meetings – no more than once a week. Communicating with the debtor at night – from 22.00 to 8.00 am on weekdays and from 9.00 to 20.00 on weekends is prohibited. The collector in interaction with the debtor will not be able to use the device for hiding his phone and email address.
To the activity of debt collection is not open to employees having a criminal record for crimes in the sphere of economy and public security, and leaders “with a damaged business reputation”.
Legal entity entitled to do business in debt collection should do it as a primary business and to have a share capital of not less than 10 million rubles.
The debtor at any time has the right to refuse interaction with the collector or creditor after a certain time from the due date “or determine its representative”. Transfer of personal data about the debtor to the claimant, acquired the right of claim is allowed only with the personal consent of the debtor, is recorded in a separate document. A ban on interaction with disabled persons, as well as in medical institutions, the disabled, minors and for interaction from outside Russia.
“This law is the result of joint work of the government, Federation Council, State Duma, – the Governor said the newspaper VIEW. – This is the case, when the authorities reacted promptly “on the topic of the day”, at the request of the company. The law provides for the norms regulating the activities of lenders, borrowers and those involved in debt collection. Thus it aims to prevent unlawful actions, military actions, psychological pressure on debtors.”
However, she noted that “at the same time, nobody cancelled the obligation of debtors to repay debts, to repay loans, so the law includes a balance of interests of credit organizations and citizens”.
“Fair business will feel well. And those collection agencies who have abused their right terrorized people, kicked, and did not return the debt, discredit the reputation of the borrowers, now there is no place on the market, they will be taken the most stringent measures,” – said Matvienko.
The Chairman of the state Duma Committee on financial market Nikolay Gonchar has informed that the Committee will consider the document as a matter of priority. He noted that “this bill is not about debt collection activities, this is a bill to protect the rights of citizens”.
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“This is the bill developed by the Ministry of economic development, – told the newspaper VIEW Chairman of the National Association of professional collection agencies (NAPCA) Boris Voronin. – From all previous initiatives, he has the best chances to be implemented. It is the most balanced, because its development has involved all relevant departments. The document includes not only the prohibitions but also the mechanisms of financial and economic regulation: requirement for authorized capital, by disclosing information about the owners etc. It will solve the main problems of collection market. The most important of them – there is no threshold for entrance. So now anyone can create an LLC, name your business collection and start to collect debts. The main task – to create the state register, to make a market the foreseeable, because now no one can say how many have entered the market of collection agencies”.
Commenting on the restrictions, he said the newspaper VIEW, and now in the hands of collectors are not so much instruments of influence on debtors. “The collector, by and large, and now almost everything is forbidden. The usual legal tool – the telephone. Or to arrange a meeting with the debtor. If the debtor agrees, he can let the apartment, and may not be allowed,” said Voronin.
“If the debtor does not allow and does not answer, the collector has no legitimate methods of influence but to sue. There is little that will change,” he added. “The collector is the person who can convince normal legal arguments. It is a good negotiator,” said Chairman of the Association.
“If the debtor persistently refuses negotiations, the only way for the creditors in this case to go to court, – said Voronin. – But I would like to convey information to the debtors that it is not best for them. Of course, you can hide, to avoid contact with the lender. And, in fact, about 75-80% of debtors now is nekontakt, not find them. But the problem not solved, the debt is not going anywhere. So, of course, will simply enforce”.
Meanwhile in St. Petersburg on Wednesday was announced the verdict on high-profile case of the collector of the microfinance organization “Home money” Taras Koval, who last summer burned two prams left on the stairs in the entrance of the house, where, presumably, lived one of the debtors.
“The purpose of the arson was to intimidate citizens who do not pay the loan, obtained at OOO “Domashnie Dengi”. However, the attacker made a mistake and destroyed by an arson property not owned by the debtor”, – stated in the message of city Prosecutor’s office.
As a result of actions Koval residents, was damaged for a total amount of 16.5 thousand rubles, according to the Prosecutor’s office. In addition, due to fire damaged and destroyed property of the LLC “ZHILKOMSERVIS № 1 of the Kirov area” and the HOA “Nika” for a total sum more than 320 thousand rubles.
Koval found guilty and sentenced to 1 year and 6 months of imprisonment conditionally, with a trial period 3 years.
Simultaneously it became known about excitation in Novosibirsk in respect of collectors of the criminal case under article “Slander”. The couple complained of the collectors, which required payment of duty by posting a nice photo with the caption about the death of their child. According to a resident of the city, the loan of 15 thousand rubles took her husband at the end of last year, but from-for a difficult situation at work for several weeks could not make payments. Then, according to the girl, she began to receive threatening phone calls, and later on the Internet was circulated a picture of her with the prices on intimate services and mobile phone number.Popular materials
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According to the girl, “knocking out” the debt was not limited, and also on the Internet there were photos of her healthy one-year-old daughter, taken from the page of the girl in social networks, with a note “rest in peace”. Then last week the couple sent a statement to the police.
Recently the scandalous stories connected to the relationship between debtors and collectors that happen regularly. 2 February, the man who introduced himself as a collector threatened to blow up a kindergarten, the head of which was owed money.
On 4 February, the debtor in conducting the inventory of his property in the presence of the bailiffs fired from a firearm at the representative of the claimant, who died on the spot. As reported, the debt of the suspect amounted to 160 million rubles. According to some reports, the claimant was a big businessman, whose name was even included in the list of Forbes.
The most resonant incident occurred on 27 January in Ulyanovsk: on the night of 27 January, 44-year-old man threw out the window of a private house in Ulyanovsk a bottle of flammable liquid. The fire received burns 56-year-old owner of the house and his two year old grandson. The child is hospitalized with burns of face, hands and respiratory tract – damaged 8% of the surface of the skin.