Settlement of interaction between collectors and debtors. Bill. The lawyer says.
For many years, or even tens of years, debtors have been suffering from the actions of collectors, which have nothing to do with civilized methods of working with debtors.
This problem should be solved by the adoption of the Law “On Amendments to Certain Legislative Acts of Ukraine regarding the Protection of Debtors in the Settlement of Overdue Debts.”
The Verkhovna Rada has already adopted this draft law as a basis.
This is in any case a very good sign, which gives hope that people will stop receiving 500 calls every night, as well as receive threats or face duplication of their accounts on social networks.
Now the activities and methods of work of collectors can be controlled if this Law comes into force.
Who are collectors?
A collection company is a legal entity that carries out its activities in the interests of the lender (there are certain types of these lenders) that carries out the settlement (pre-trial collection) of overdue debt. Such a specialized company must be included in the Register of Collection Companies.
Everyone knows what methods and actions are sometimes used illegally by such companies, so it is not surprising that the MPs decided to regulate the activities of the collectors. Therefore, if the Law comes into force, then companies that want to engage in this type of activity will have to comply with the requirements of this Law so that they can then be included in the register, because only companies included by the National Bank in the Register will have the right to carry out their activities.
Every lawyer in Kharkiv, and in all cities of Ukraine, will be happy with these changes, because it will be easier to protect people’s rights with references to direct legal norms.
Requirements for collectors are proposed by this bill. Lawyer Kharkiv informs:
In order for the schob collection. comp. included in the register, she must provide the following documents:
- Documents proving that the owners have no criminal record for a specific list of crimes, and who are not citizens of the Russian Federation.
- A completed questionnaire containing a policy of working with debtors with subsequent training of employees on this policy. Data on the rules for the protection of personal data of debtors.
- Confirmation of training in legal methods of interaction with debtors by employees.
The creditor is obliged to notify the debtor about which collection company he will attract in case of a delay in debt. Otherwise, he will not have the right to contact the collection company. Also information about the collection. the company he is obliged to share certificates on his website.
So what is provided for the protection of debtors?
There are 3 types of interaction with the debtor:
- The first is personal meetings and telephone communication
- The second is to send a message to the debtor (SMS)
- The third is to send letters marked “hand in personally”.
Также законопроект содержит перечень методов и способов, которые коллекторам запрещается использовать при взаимодействии с должниками по возврату задолженности.
Что касается телефонной работы, то запрещено использовать услугу сокрытия номера, также нельзя обращаться к автоматического дозвона (часто там запись очень громкий требует погасить задолженность) более 60 мин. в сутки.
As for the protection of the social sphere of the debtor, the legislator also did not disregard the painful methods that collectors often used before.
First of all, we are talking about informing third parties or relatives that the debtor has a debt, as well as the use of images of the debtor and hints of debt on envelopes and messages.
Also, it is prohibited to require the debtor to find someone to take on the debt.
How about communication? Can a lawyer communicate with collectors?
Lawyer Kharkov tells.
Yes, of course it can. Moreover, if the debtor is legally informed the collector of the company, he has a representative (lawyer), then the collective. it is forbidden to interact directly with the debtor – only with his lawyer.
The legislator also expressly prohibited the collection of any information in relation to the debtor regarding the schedule of rest, meetings, work in the enterprise or in the office, as well as any other data on the schedule of this person’s life.
infringe on the rights of the debtor, his relatives, guarantors;
Like the Criminal Code, the provisions of this Law prohibit the use of any violence, threats (for example, on bringing to criminal responsibility), blackmail (for example, creating duplicate accounts and conducting aggressive work with the debtor’s acquaintances, forcing him to do what they want), etc. ;
The amount and grounds for collecting the debt cannot be the subject of deception of the debtor, for example, using fictitious court decisions.
Collectors are prohibited from interacting in any way with the debtor from 20:00 pm to 08:00 am and / or more than twice a day;
If you need help from a lawyer Kharkiv, or advice from legal specialists – please contact us!