What to do if the collectors call on the loan that you did not take?

When almost every friend or relative has loans, few people manage to avoid unpleasant communication with collectors. Endless empty calls about other people’s loans in the bank are boring, besides, they do not bear any benefit if you do not plan to pay the debt for the loan of another.

Sometimes the telephone “terrorism” occurs by mistake – when registering, the borrower provided incorrect data, or the manager made the wrong contacts. Anxiety can go on indefinitely, exhausting an innocent person. If you are a victim of collectors unfairly, it’s time to fight back.

To collectors information about the contacts of the debtor gets from the bank after the transfer of debt to work on the cession agreement. It’s not a fact that the signed document indicates consent for the bank to transfer personal data about the debtor to third parties. To determine the strategy of the struggle, it is necessary to understand the reasons why this situation arose.

Causes of calls – we act according to circumstances

bank loan

Depending on what prompted the collector to get in touch, the actions and methods used will be different. The most important thing to understand is that the collector used the phone that you yourself or someone from the close circle left for contact with the bank.

Reasons for telephone disturbance are often:

  • actual guarantee of a problem loan;
  • the presence of a debtor-relative or friend;
  • errors in entering data about the contacts of another borrower on the loan;
  • intentionally indicating the distorted number by a person who was not going to return the debt to the bank;
  • buying the phone from the hands, whose owner used the loan and did not return on time.

It is possible and necessary to fight the unjust and illegal behavior of a representative of the collection service. Except you, no one will protect your civil rights and tranquility. It remains to find out how best to act according to the law, hitting the “hook” of the collector.

You vouched for another person.

 

The most difficult thing is to protect oneself from encroachment on personal peace of mind if a person has ever acted as a guarantor and guaranteed the bank to return the amount in the allotted time. By signing a contract of guarantee, the citizen received the obligation to monitor the successful repayment of the loan. If this does not happen, according to Art. 323 of the Civil Code, a bank or other financial structure will certainly send a penalty: first to the debtor, the co-borrower, and then to the guarantor.

Before starting negotiations with the bank, you need to check whether the statute of limitations has expired. Sometimes banks try unsuccessfully to collect the debt from the borrower, and only after a long period of time, having exhausted their patience, are they turned to the guarantor. The limitation period for the loan in 2018 has not changed and is 3 years.

By giving the bank the word that you will provide a refund, be responsible to the end. Only active connection to the process of repayment with the use of personal savings will help to get rid of collector calls. The next time it is better to think a thousand times before vouching in the bank even for the closest person. Friendship is friendship, and money is better to be considered separately.

The reason for the cessation of concern during the period when financial claims are considered is a declaration of refusal to interact with the agency, however, it is required that collectors commit one of the following violations:

  • excess of the number of calls for a certain period;
  • anxiety at times when the law prohibits collectors to communicate with debtors (for example, night calls);
  • use of threats of physical violence, psychological pressure, other exceeding the norms of communication with the debtor.

Debts from a relative or friend

 

If you are the spouse of a debtor or you claim the inheritance of a person who has not repaid loans during his lifetime, the provisions of Law No. 230-ФЗ will allow collectors to call and be interested in the fate of the debt.

In other cases, the claims are unfounded and illegal. If you are asked to influence a niece or aunt, a brother or sister who has taken a loan, you should record the fact of the call, take an extract, and record the conversation. This material will serve as an evidence base when filing a complaint or when applying for a refusal to cooperate with the collector.

You’ve got a wrong number

 

When the number is dialed by mistake, it is easier to act on troublemakers. The problem is that the contact may be mistakenly transferred to other organizations, each of which considers it a duty to contact you and ask to pay a non-existent debt.

Define for yourself the general algorithm of actions that will allow you to communicate with the greatest efficiency when new representatives of a creditor, collector or bank appear:

  1. Instead of ignoring calls, turn on the voice recorder and start a conversation.
  2. Ask the person to introduce themselves and name their organization. By default, the person on the other end of the wire is obliged on his own initiative to provide information about himself.
  3. Having learned the name of the collection organization, request the contact number of the office to communicate with the collector.
  4. For psychological impact, the caller often speaks with heightened intonation, demanding voice. This is just a collector method of operation, do not be afraid and lose confidence.
  5. Record information about the lender-bank, the borrower, the amount of debt.
  6. Further act on the circumstances. If the loan is issued with your guarantee, it is necessary to clarify what actions are planned to take to eliminate the claims of the collector or the bank. If the loan is issued by an unauthorized person (excluding the spouse or testator), an error is reported.
  7. To temporarily stop calls, it is better to report the date of the proposed closing of the loan. Until the due date, the collectors will stop bothering.
  8. To finally eliminate the source of concern, write a statement to delete the number from the base of the collector. Confirmation of the lack of rights to phone calls will be a certificate from the bank about the absence of financial claims.
  9. It is better to transfer the address to collectors by mail, with the obligatory notice of receipt.

After consideration of the application, according to the law on protection of personal information No. 152, the agency is obliged to delete the number and stop calling for someone else’s debt. A bank in parallel attracts new collectors, which transfers the same data. It is necessary to conduct anew.

Act to help

Act to help

 

Collectors – not the case when you can explain something, appealing to the mind and sympathy. You should not ask to leave alone, not citing the rule of law, which will confirm the eligibility of the requirements.

In proceedings with representatives of the agency should provide knowledge of the law and rights:

  1. If a citizen is exposed to psychological pressure, pressure to pay someone else’s debt (when the contract is not signed in a guarantee or a loan), according to Law No. 353-FZ, actions are regarded as a violation with further prosecution under the Administrative Code (clause 14.57) – a fine of up to 10 thousand rubles (for individuals), up to 100 thousand rubles (for organizations).
  2. With frequent calls, an application to the law enforcement authorities is filed due to petty hooliganism (clause 20.1).
  3. At drawing insults on the application are brought to administrative responsibility in the framework of paragraph 5.61.
  4. Unreasonable demand to pay is often regarded as extortion, and this is criminal liability under Art. 163.

Having established the fact of undue concern, a person has the right to demand protection from the prosecutor’s office, which, in response to a statement, is obliged to bring to administrative responsibility under Art. 13.11 for non-compliance with personal information protection standards.

2 ways to deal with collectors

2 ways to deal with collectors

 

If the loan is someone else, it makes no sense to try to find out for a long time by phone the details and circumstances that prompted to call. To sober the troublemakers in two ways:

  1. Appeal to the structure itself. An application with refusal of cooperation and supporting materials is submitted at the location of the office. A month after the delivery of the appeal, any anxiety ends. Otherwise, tougher responses are coming.
  2. When the collector does not let up, continuing to call and insist, it’s time to go to the prosecutor’s office and write a statement about bringing the violator to justice. The application will be considered even in the absence of evidence, but the chances of a quick cessation of any telephone activity are higher if we prepare supporting material.

Do not be afraid of collectors when a squall of unnecessary, useless calls falls. Since anyone who is in no way connected with the loan agreement can legally not pay the loan, the telephone threat does not pose a real danger. Show your opponent that you know the laws and know what steps to take to bring him to justice for abuse of power.

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