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Thursday, October 27, 2016

From the manifold you will fight for free

The state Duma approved the second reading of the ill-fated bill collectors. In accordance with the structures which are engaged in knocking out outstanding debts, severely limited rights. First, now collectors have the right to call the debtor no more than once per day and no more than two times a week. At night, such calls are expressly prohibited. Secondly, collectors are warned that the painting of the porches and walls of houses, where debtors offensive label they can pay. Third, the debtor will be able at any time to terminate the agreement on payment of the outstanding loan. And the notary, as it was before, it may not be necessary. However, experts believe that the bill before the end does not solve the question of what the responsibility will be brought against unscrupulous collectors.

photo: Natalia Muslinkina

According to the financial Ombudsman Pavel Medvedev, the situation in the debt market of Russia is very complicated. “The arrears there are more than 11 million people. And 7.5 million people debt is actually “sunk”. Therefore, the adoption of such a law is long overdue,” — said the expert.

By the way, it is important to note that in the discussion have changed the name of the bill. If before it was aimed at protecting the rights of individuals “in carrying out activities to repay debt” (that is, getting the loan, you could be attacked by creditors very next day), but now it applies only to those who have there are “overdue”.

Approval of the second reading actually means that the bill will be adopted in exactly that form in which it was presented. In the third reading, usually taken minor amendments, and it is scheduled for the near future.

The list of prohibitions in respect of creditors is quite broad. Microfinance institutions, banks and the usual “bouncers” are hired to collect outstanding loans, now you can call the debtor no more than once a day, twice a week and eight times a month. And at certain times not allowed communication with the debtor from 20.00 to 9.00 am at weekends and from 22.00 to 8.00, on weekdays.

However, the number of SMS and email messages, and even the long forgotten Telegraph can be twice as much as this type of communication to a lesser extent pressure on the brain” to the debtor.

Moreover, the manifold in any conversation or communication will be required to introduce themselves — name, patronymic and surname, position and organization name. This is necessary in order for such outrageous cases in the house of the debtors throw a Molotov cocktail (the incident occurred recently in one of the Russian regions), did not recur. These and many other frankly criminal things done in most cases, are not official representatives of creditors and hired racketeers.

Also prohibits the disclosure of information about the debtor, the debt and its collection to the General public. In particular, the Internet and in the homes of debtors. It is forbidden to report on duty at the place of work.

However, the fact that these exemptions debtors will be given, it was obvious. Although against that collectors fought to the last. However, the stronger resistance they had another story — the debtor’s ability to abandon an agreement with the collector or creditor agreement about the scheme of repayment of arrears. Collectors insisted that such a possibility did not exist, or does it happen only with the participation of a notary. But this mechanism is quite expensive for debtors, but also almost impossible for those who live communities where notaries is not in principle.

Note that the agreement between the creditor or collector and the debtor is the key to the scheme of payment of the overdue loan. If the contract turns out to be extremely unfavorable to the debtor, the bill is written in detail how he can refuse.

In the end, legislators came into the position of debtors. Now to abandon such an agreement can also by registered letter or by delivery against receipt. However, the bill is not marked, which officer by the creditor must sign. It’s pretty weird. Suppose that under the receipt shall sign an ordinary typist, then it is dismissed, and the receipt is lost. Then the Bank or the collector can pretend that no notification they had received.

It is obvious that various barriers to the collectors invented a lot (they also will be required to register with the state registry and have registered capital of not less than 10 million rubles).

However, the debtors do not relax. No commitment, in the case where the collectors will violate the future law, it is not prescribed and references in the penal code no. However, collectors are also dissatisfied with the stiffness of the new conditions. So, will it work, is unclear.

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