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.
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:
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.
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:
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.
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:
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.
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:
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.
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:
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.