Collectors at risk: why the government wants to protect debt collectors

Another 09/02/20 Photo: istockphoto.comicollector in danger: why the government wants to protect debt collectors

Illegal, and sometimes frankly criminal methods of debt collection from insolvent citizens… Hardly anyone in our country at least vaguely heard about debt excesses. However, at times the offender and the victim make a castling – and their roles become opposite.

the Origins of mutual problems

In Russia, a problem exacerbated by the high debt burden on the population. From the point of view of the ex-Minister of economic development Maxim Oreshkin, if the existing dynamics of a massive debt load will continue, in 2021, could burst the years inflated the financial bubble. In this case, GDP will shrink up to 3%, which will negatively impact on the efficiency of economic sector in General, and the welfare of citizens in particular.

According to relevant data from the National Association of professional collection agencies (NAPCA), about 40 million Russians to date have overdue payments on credits and loans more than 90 days. As reports “RIA Novosti” with reference to a credit history Bureau “Equifax”, a personal debt of the average Russian to the credit institutions as at the end of 2019 is 249 thousand rubles. Experts argue that the share of mandatory payments, including related debt on credits and loans, for the average citizen of Russia exceeded 15% of his income, and this is a critical level.

the Situation requires the intervention of professional claimants. Moreover, they play an important role in correcting the financial situation. According to NAPCA, 70% of debtors solve the issue of debt after debt collectors start working with them.

When toothy wolf becomes sacrificial lamb

However, the effectiveness and legitimacy of the vialScania does not guarantee understanding on the part of debtors. It would be naive to assume that communication on the verge of a foul is a legal monopoly solely for collectors. Unfortunately, these days there are cases of aggressive behaviour fraudulent and insolvent Russians. Sometimes such acts go beyond all limits legally permissible.

In 2016, the whole country was rocked by the story of a former soldier of the GRU and SOBR Anton Maltsev who used the skills acquired in the service of special forces to solve their own debt. In the sewers a former special forces soldier saw the enemy, and his apartment in city Pushkino equipped actually under the rest: mined the premises, stocked with ammunition, small arms and body armor.

Forensic psychiatric examination stated to Maltsev the presence of paranoia, and the reason for her aggravation called financial difficulties coupled with a long and persistent actions of the claimants.

In 2017, several dozen people attacked a collection office in Krasnoyarsk. Six office staff members were beaten, two of them received a severe traumatic brain injury.

In 2018 in Omsk the husband of the debtor to the claimant stabbed the hand with a screwdriver, after which he was brought only to administrative responsibility in the form of compensation for moral damage.

Mutual tension between those who are burdened with credit obligations, and those who are called to ensure the return of funds is so large that the Federal bailiff service (FSSP) recommended that in cases of dispute, to do audio recordings. The same action commits the collectors and the law. With audio it is easier to justify one’s own position and to insure against overly expressive of borrowers.

the Ministry of justice proposes a solution to the problem

it is Clear that the problem is not solved in a purely technical plane. Necessary measures aimed at establishing a constructive dialogue and interaction between the parties. The Ministry of justice of Russia razrabatyvatem way out of the resulting impasse and is going to make suggestions in the form of the bill.

If the project is accepted and becomes law, then professional collectors when communicating with borrowers will be able to introduce themselves using the digital IDs.

currently, under Federal law No. 230 dated 3 July 2016, service recovery must first name your surname, name and patronymic, and then go on to talk about the problem. In the new edition of the employee applying for the issue of overdue debt, you can call only the name and ID code. This will be enough. Identification codes will be assigned to collectors organizations-employers. Name and code will also receive robots-collectors.

the representative of the Ministry said that these measures are aimed at “the protection of personal data of employees of collection agencies and the creditors ‘representatives”.

Proposals will be developed by the Ministry of justice in cooperation with the FSSP. More details are not reported. Anyway, the highest state leadership is taking steps in three directions simultaneously: a weakening of the credit load of the population, the security of citizens and enhancing their financial and legal literacy.

Ilya Pozhidaev

© Russian Seven

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