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Sunday, March 11, 2018

“Violence against the execution creditors of debts has systemic causes”

Chronicle of incidents, concerning the relationship between debtors and creditors, more like a summary of hostilities. The situation is such that violence is on both sides. All agree that the problem needs a speedy solution, but MPs, experts and collectors provide different methods.

Investigators involved in the murder of the collector by the debtor, the incident in Moscow the day before, is considered as one of the versions of “personal hostile relations because of the debt”.

“If you give out loans left and right and you have many debtors you’re a bad banker”

In favor of this version speaks that fact, that near representatives of the bailiff service did not suffer in the presence of the real possibility of the suspect to commit the murder, stated in the message Department.

According to the investigators, “in the evening of 4 February 2016, the man 1968 year of birth living in the apartment of one of houses on the 3rd Frunzenskaya street in Moscow, and while conducting the inventory in the presence of the bailiffs fired from a firearm at the representative of the claimant. From the received wounds the victim has died on a scene”.

Source TASS in law enforcement agencies reported that 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.

Chief bailiff of Russia Artur Parfenchikov said that police officers came to the event without power assistance. “Currently checks the validity of the involvement to participate in the Executive action of the staff of division of physical protection”, – he wrote in his microblog on Twitter.

Throughout Russia

The murder of a collector in Moscow is not the only recent incident involving attempts by creditors to repay debts. In Rostov 62-year-old woman tried to commit suicide because of threats of collectors, according to DonDay.ru.

On this topic

Keywords: banks, debt collectors

On Thursday in St. Petersburg was approved by an affirmative judgment against the employee, LLC “Home money” Taras Koval, who is accused of arson of two strollers, standing in the entrance. He wanted to scare indebted citizens, but burned in the end, not the stroller and in addition caused damage to the property management companies to 321 thousand rubles.

In early February, the man who introduced himself as a collector threatened to blow up a kindergarten, the head of which was owed.

The most resonant recent history took place 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.

A suspect in the arson of a house in Ulyanovsk collector Dmitry Ermilov arrested, he was charged with attempted murder of two and more persons committed publicly dangerous method, as well as in the attempted destruction of another’s property, committed publicly dangerous method. In 2009, the man, a former policeman, was convicted of abuse of authority and theft on preliminary arrangement by group of persons from entering into the vault for three years in a penal colony.

Experience collector arrested immediately used by colleagues of the suspect in St. Petersburg, used the tragedy to threats. “Exemplary punishment in Ulyanovsk you see on TV. Next your will be burnt, if you do not repay the debt,” wrote a resident of the Northern capital one signed “Caucasus pennant,” reports Life78.

To confuse collectors – commercial organizations, on semi-legal grounds requiring private debts – with the state bailiff service, of course, not worth it.

A long debate

Meanwhile, the financial Ombudsman Pavel Medvedev said Friday that he did not see any problem worthy of serious discussion. “If the situation with the treatment of debts was such as we see on TV, I like the financial Ombudsman’d drown them in complaints to the plaintiff. Five and a half years, there is a “ombudsmana”, and never complaint to the plaintiff, were not on the first or second place in frequency, they are always on the third and fourth,” – said Medvedev during a press conference.

Amid the attention riveted on the topic of collection agencies, politicians regularly make statements of varying degrees of radicalism. At the end of January the speaker of the Federation Council Valentina Matvienko has proposed to suspend the activities of collection agencies prior to the adoption of a law regulating their work. Before that the state Duma was introduced several bills banning collectors, in particular from the faction LDPR and “Fair Russia”.

The view from the other side

The National Association of professional collection agencies the newspaper OPINION stated that the greatest chance of being soon accepted – the bill, which prepares at present the Ministry of economic development.

“To stop the violation of law is possible only by adequate law enforcement system”

“The government bill “On activity for recovery” was partly prepared with suggestions NAPCA, although the current version features and measures, such as limitation of contacts with debtors, which we believe to be erroneous, – said the newspaper VIEW Director of the organization Boris Voronin. – Collection market – a common financial market, which is left without government regulation for almost a decade. No generally accepted standards, requirements to the collectors. There is a legal basis for their activities: now the collection Agency win about 95% of the vessels when it comes to the law requirements of the loan. That means the courts acknowledge that the activity is legitimate. But standards, the market is not regulated.

“In mid-February, the Ministry of economic development should show the final version to the government, and in March was submitted to the Duma. This is a priority bill, and he has the most chance of passing. Because all the initiatives that we’re hearing right now is “disallow, disperse in the land to bury” – very far from realization. They are quite populist, and the authors of the initiatives understand that to implement it will be very difficult. In the first place because this will also affect to consumers.

In the bill, the MAYOR proposes the creation of the state register, proposing certain requirements for collection agencies: the disclosure of fixed capital, on the disclosure of information about the owner, hiring employees with no criminal record. And the appointment of the state regulator,” he said.

Legislation and enforcement

“The situation when the market is sinking into foreclosure disassembly, suggests that this space is not settled, – said the newspaper VIEW Duma Deputy Viktor Klimov. – Collectors – the guys in the training pants that walk and frighten citizens. On the other hand, there are all sorts of “depressants”. Among them are good lawyers, but primarily it fraudulent or polumisticheskie organization, focused not on the citizen to solve the problem, because to cancel the debt anyway no one can, and capitalize on someone else’s problem. And this, of course, suggests that we need a law. But the law isn’t about collectors, and the law on penalties. There are many complex and interrelated issues”.

“Simple solutions in the style of “let’s all ban” no, because if we ban it, it is transformed into another, – said the MP. – We have a lot of complaints to the security service of different banks that give debt collectors, and individuals, concluding contracts with them. Case in Ulyanovsk – in a gray area when you hired the private person”

“You take ten thousand, to give forty. Someone will be killed”

The Director of the Institute for social policy, co-chair of the consumers Union of Anatoly head believes that the root of the problem must be sought elsewhere.

“The relationship of debtors with debt collectors is the consequence, not the cause, he said the newspaper VIEW. – Reason – a large number of loans that obviously people can’t give. And no return policy-related banks easy loans and laying there high percent. Two of the three credits returned – well. And the third one on the cheap they sell to collectors. Here’s the problem. Will continue this aggressive policy of the banks without serious test of the debtor – this will continue.”

“Microcredit organization should in General be prohibited. 1000% APR! You take ten thousand, to give forty. Someone will be killed”, – he gives disturbing predictions.

In his opinion, the Central Bank may take measures, in particular to set a limit on debtors for banks: “More than a certain percentage of debtors – license revoked. Then the banks will check to whom they give. And should ban the micro-credit”.

“If you give out loans left and right and you have many debtors you’re a bad banker. Banks send out credit cards simply by mail. Impose loans on the same document, without credit checks. That’s who to blame for the situation,” concluded Rollins.


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