Collectors call about someone else's debt: what to do and where to complain

What is important to know about the work of collectors

Collection agencies are legal entities whose activities are controlled by the main regulator - the Federal Bailiff Service. The services of collectors are resorted to if the debt is not repaid and the debtors evade payment. Interaction between the bank and collectors can be organized according to two schemes:

Based on the assignment agreement
(assignment of claims). The collection agency becomes the acquirer of the debt obligation, and, accordingly, a new creditor instead of a bank or microfinance organization. And you will have to interact closely with him. Then the collectors have the right to calculate interest, go to court, and then transfer the case to bailiffs. In addition, they will call, write letters, send demands, but the number is limited by law No. 230-FZ.
Next, we will tell you why going to court with debt collectors is beneficial, and how to get rid of annoying debt collectors using legal methods of struggle.
Based on an agency agreement
. The financial organization remains your creditor, and collectors simply take on the responsibility of repaying the debt. Their main tool will be persuasion and appeals to conscience; if they go too far and turn to threats, call or write to the Central Bank of the Russian Federation. Financial institutions do not need problems with the regulator, so collectors will quickly be put in their place.

Important!

When applying for a loan, the bank is obliged to obtain your consent to transfer the debt to collectors in the event of your failure to fulfill your debt obligations. For example, at Tinkoff Bank, consent to sell debt to collectors is indicated in the document Terms of a consumer credit (loan) agreement for the purposes of Federal Law No. 353.

If the prohibition is not received, the borrower is considered to agree.

What to do if debt collectors call you

Telephone calls are the most popular means of communication with debtors by collectors. And when communicating, they use a certain algorithm, knowledge of which allows them to take the initiative into their own hands and get rid of calls from debt collectors. Communication should be structured according to the following scheme: after the standard greeting, the collector will ask if he can hear (gives the debtor’s full name). From this moment on, you must seize the initiative and build a line of conversation:

Ask for the debt collector's name and the name of the collection agency he represents.
Specify the actual and postal address of the collection office.
Find out what kind of debt they are calling about and who the lender is.
Specify the grounds: under an agency agreement or assignment of rights of claim.
Request paper copies of documents that give debt collectors the right to demand payment of the debt from you.
Notify the collector that further communication will be possible only after receiving the documents.
End the conversation politely.

Such questions are absolutely legal; the collector is obliged to provide information and send copies of documents. But it is important to consider that he may simply not allow you to even insert a word, simply automatically repeating memorized phrases. Then all that remains is to say goodbye, informing you that you will visit the office yourself or asking a more adequate specialist to contact you.

If the collector refuses to introduce himself, name the agency and details of the agreement under which the bank sold the debt, it is extremely doubtful that they are acting officially and legally. Call the bank or microfinance organization and check the information about attracting debt collectors.

Collectors have the right to demand repayment of the debt from you

True, this applies only to legally operating collectors who are on the FSSP register. They must communicate with you politely, and you must record threats and rudeness. And then file a complaint against the collector with the prosecutor’s office, bailiffs and the professional association of collectors - NAPKA.

What should the borrower’s colleagues do if a debt collector calls them?

The main task of debt collectors is to achieve repayment of the debt. To do this, they can use any methods of influence on the debtor.

Sometimes creditors look for work or personal phone numbers of borrowers' colleagues and call them with information that is not subject to disclosure by law. Collectors may apply to influence the debtor, and sometimes with a demand to pay part of the debt for him.

Colleagues of the borrower are not obliged not only to fulfill the financial obligations of their colleague, but also to interact in any way with debt collectors. The maximum you can agree to is to convey a message to the debtor about the need to contact the creditor or collectors.

Article on the topic: What to do if collectors threaten: do collectors have the right to threaten, where to turn

What to do if debt collectors come to your home

Often, even doors protected by an intercom or combination lock do not get rid of annoying debt collectors. And if they ring your doorbell, remember 3 basic rules:

You have the right not to open to collectors, but simply communicate through the door. Any violation of the inviolability of the home is a criminal offense.
Collectors cannot describe, much less seize, property - only FSSP employees have this right. Attempts to take possession of your property are considered robbery or robbery, which is also a criminal offense.
If you want to quickly get rid of a debt collector who has come to visit you, ask him to present a document confirming his authority and the legality of debt collection.

With regard to collectors, the statement “my home is my castle” is more true than ever. Collectors are not the police or even bailiffs; they do not have the right to enter a home without the permission of the owners. Visiting times are also limited: no earlier than 8 am, no later than 10 pm on weekdays and no more than once a week.

How often can debt collectors call and write to you?

In 2021, the Law on Collectors came into force, establishing the frequency and frequency of calling debtors, and also providing for liability for violation of citizens' rights. In particular, it is indicated at what time collectors can call:

from 8:00 to 21:00 on weekdays;
from 9:00 to 20:00 on weekends and holidays.

It is prohibited to make more than one call per day and to disturb the debtor by telephone more than twice a week.

As for SMS and emails, they can send you no more than 16 such notifications per month. If debt collectors write around the clock, you can safely file a complaint - this will allow you to quickly get rid of calls and annoying alerts. Below we will look at where and how to write applications to debt collectors.

The most effective ways to deal with debt collectors

A special filter on your phone will help protect yourself from unpleasant calls. The number from which the collector is calling can be blacklisted. There are applications that automatically reject calls from unknown callers. For example, the Anticollector application.

What to do if debt collectors are not calling about your debt

But what to do if you didn’t take out a loan, and collectors are bothering you with calls and visits? Unfortunately, such situations are quite common. The main reasons why debt collectors contact you by mistake are:

someone wrote your number when applying for loans. This could be a distant acquaintance or a complete stranger - he found contacts on social networks and indicated your phone number;
recent change of phone number. The fact is that if a phone number is not used for 6 months, it is blocked by the operator and put up for sale again. And when purchasing a new SIM card, you risk becoming the owner of the debtor’s former telephone number, which is available in the collectors’ database.
they call because of the debt of a loved one or relative. Collectors do not have the right to demand payment for a relative - children, parents, spouses, and so on.
You are not obligated to pay other people's debts.

The solution to the problem is simple: when communicating with representatives of the collection agency, you need to explain that you have nothing to do with the debt and do not know the debtor. In practice, the conversation ends after the collector checks the name of the debtor and the person who answered the phone.

If it doesn’t help, the collector insists on payment, call the agency’s central office and report the error, guided by one rule: “if the debt is not mine, then there is no need to bother me.”

If collectors claim that a debt exists, request copies of documents about the debt and assignment of rights.

Sample request for documents from collectors (17.4 KB)

If debt collectors are demanding a debt you've never heard of, and they won't give up after an explanation, we recommend checking your credit history. You may have become a victim of scammers who actually issued a quick online loan in your name, in which case you will have to challenge the legality of the claims in court.

File a police report and report it to debt collectors.

We described step by step how to find out your credit history in this article.

Why does the agency call at work?

Can debt collectors call you at work? Such situations do occur, and in them it makes sense to talk about one of two cases.

You indicated the number as a contact number.

Perhaps the banking organization from which you took out a loan asked you to indicate in the contract a work telephone number or other means of contacting your place of work. In this case, the bank has the right to disclose the data you provided to third parties when transferring the debt to the agency.

Expert opinion

Mikhailov Ivan Kirillovich

Lawyer with 8 years of experience. Specializes in criminal law. Law teacher.

Agents are legally allowed to call these numbers. But if your colleagues are not guarantors for the loan, collectors cannot tell them the details.

Article on the topic: 230 Federal Law on collectors as amended in 2021

All information protected by bank secrecy can be disclosed only after written consent; the agency has no right to disclose it without signing the relevant documents.

Data obtained illegally.

If you did not specifically indicate any information about your place of work when concluding an agreement with the bank, then the collection agency received this data in a way unknown to you. This violates the law and shows the dishonesty of the agents who act in this way.

There are also situations in which debt collectors call the personal numbers of employees of the organization where you work: this is also illegal. There may be reason to believe that scammers are contacting you.

Do debt collectors have the right to communicate with your relatives or colleagues?

If the debt is not repaid and you do not contact the collectors, they will use social pressure:

visit the house in your absence, communicate with relatives and neighbors;
communicate with the employer;
come to work and talk with colleagues;
write in the entrance, publish information on social networks;
publicly disseminate information about your debt.

All of the above cases are a disclosure of personal data, such actions are illegal, and you have the right to contact the FSSP or Roskomnadzor. Record the evidence: take a photo of the inscriptions, make a print screen from the screen, refer to witnesses, and one statement will be enough to once and for all put an end to the dissemination of your personal information.

(18.4 KB)

What to do and how to stop calls?

Formally, the law of the Russian Federation does not prohibit calling collection specialists to all contact telephone numbers specified by the debtor. These may also include work numbers. So what should you do if they call you or your manager at work?

Do you have a question about the actions of debt collectors?

Ask an experienced credit lawyer as part of FREE consultation!

First, let's look at the reasons why a debt specialist might call an employer:

Find out your place of work, your status and how long you have been working;
Provide information to the debtor about the need to resolve the debt issue;
Ask the manager to convey to the debtor information that the loan needs to be repaid.

Do you know what form your telephone conversation with debt collectors should take? In addition to being polite and non-threatening, professionals must adhere to several rules. Among them:

Calls must be made within the strictly prescribed time by law. There should be no late night calls.
It is not allowed to call the borrower's relatives, children or colleagues about the debt. All financial issues must be resolved only with the debtor.
Collectors do not have the right to require you to obtain information regarding your place of residence, work and income. Also, specialists are not allowed to come to your home.
It is strictly forbidden to harm the health of the borrower and his relatives, as well as the personal property of the debtor.

Related article: Can collectors seize accounts without bailiffs

One of the common questions from debtors is how to stop calls from debt collectors at work and home. Unfortunately, you won’t be able to avoid talking to employees of a bank or debt collection company .

The main thing to remember is: try to explain to collectors the reasons for the debt and possible options for resolving the issue. As a rule, banks accommodate clients halfway: they offer debt restructuring, deferment or installment plans.

You have every right to record a telephone conversation with representatives of a collection agency. However, there is an important condition - you must inform the collector that you are keeping a record.

Otherwise, during further proceedings, your audio recording will not be recognized as evidence of anything.

Where can you complain about debt collectors?

Complaints about the actions of debt resellers are submitted to the following authorities:

The FSSP is the main supervisory body that controls the work of collection services. A complaint can be filed on the website fssprus.ru;
NAPCA - National Association of Professional Collection Agencies. Also very effective. The appeal can be sent on this page https://www.napca.ru/napravit-zhalobu/;
financial ombudsman. Complaints are submitted by email to [email protected] , but they are usually reviewed within 1–3 months;
Roskomnadzor, Rospotrebnadzor. Respond to complaints within a month;
police and prosecutor's office. “Heavy” artillery is best used to combat particularly arrogant and uncomprehending collectors.

Complaint to the prosecutor's office against debt collectors (18.7 KB)

Complaint to bailiffs against debt collectors (18.7 KB)

But in order not to have to complain, it is best to get rid of the debt and overdue loan - then the bank will not turn to collectors and they will not bother you.