Collector law. What did Putin sign? Law on collection activities, changes for collectors and debtors When can collectors call by law

The new law on collectors has significantly changed the structure of communication between the debtor and the representative of the creditor. Amendments were made to No. 230-FZ, which threaten with serious fines and problems for all microfinance organizations that do not adhere to the updated provisions of the legislation.

Important! It should be borne in mind that:

• Each case is unique and individual.
• Careful study of the issue does not always guarantee a positive outcome of the case. It depends on many factors.

To get the most detailed advice on your issue, you just need to follow any of the proposed options:

The most important point of the new law on collectors is the fact that it does not apply to individual entrepreneurs and applies only to individuals. The following are in effect:

1. On weekends, communication with the debtor is prohibited from 20:00 to 09:00, collectors or their representatives can only contact the borrower on weekdays from 08:00 to 22:00.
2. If more than four calendar months have passed since the delay, the borrower has the right to stop communicating with collectors. Termination of communication occurs by delegating the rights to represent the debtor to another person or by writing a letter in which it is categorically forbidden to disturb at any time. In case of litigation, the debtor is obliged to appear in court.
3. You can call the borrower no more than 2 times a week, and meet in person - 1 time per week.
4. Collectors are prohibited from misleading the debtor (by false information about laws, court consequences, etc.). A complete ban on psychological pressure, threats, the use of physical force, harm to property or health has been introduced.
5. You can contact relatives in order to receive funds about them only if the borrower signs a paper agreeing to such actions.

Important! All clauses of Law No. 230-FZ apply only to a loan that is already overdue.

If violations are detected, collectors will be punished with a fine of 50 to 500 thousand. The court may decide to terminate the activities of a legal entity for up to 3 months.

The main innovations in the work of collectors with debtors

The new federal law No. 230-FZ introduced serious amendments that limit the actions of collection organizations. Everyone should know about this information in order not to fall for the hook of scammers and protect themselves and their families.

What actions are available to collectors?

The interaction between the employee of the debt collection agency and the borrower is entitled to the following methods of communication and interaction:

• negotiations using mobile communications or personal meetings (personal meetings must be agreed with the debtor);
• messages (mail, sms);
• communication via Internet communications (Skype, Viber, etc.).

Regardless of the type of communication, calls can be no more than 2 times per calendar week. Collectors are allowed to send a maximum of 16 messages per month, 4 per week and 2 per day. During the call, the person who called you should introduce himself and state the name of the company he represents.

There is an amendment in Law No. 230-FZ that allows you to refuse to communicate with a collection agency 4 months after the delay has occurred. To do this, it is enough to send a letter certified by a notary (written in free form) to the address of the company that is trying to shake money out of you. The letter should be sent with a delivery notification or by courier personally in hand under the signature. This is necessary in order to go to court if you continue to receive SMS and phone calls.

Attention! If you decide to use the services of a lawyer and delegate your rights to him, in a letter refusing to communicate with the financial institution, refer to the lawyer and indicate his contacts. This method is legal and will solve all your problems.

What is strictly forbidden to collectors?

It is strictly forbidden for a financial organization that is engaged in pulling funds from debtors:

• any attempts to interact with people who have evidence that they are mentally ill;
• communication with minors (family relatives or if the borrower himself has not reached 18 years of age);
• transfer of data about the debtor (any personal information, including information about relatives) to third parties, unless this clause is specified separately in the contract;
• attempts to seize or cause damage to property;
• the use of violence or psychological pressure on the borrower in any of the existing ways (direct threats and physical damage are implied);
• hide phone numbers from which calls are made;
• misleading the debtor by twisting the real facts about the consequences that await a person in case of non-payment of the loan.

If pressure is exerted or any of the violations described above occurs, the borrower must:

1. Collect evidence. Record the conversation, take a printout of calls, provide other information about the violation.
2. To write an application. Complaint or application is made in free form.
3. Submit the complaint to law enforcement. Such a statement can be attributed to the police or the prosecutor's office, employees are required to start a case and deal with unscrupulous collectors.

Important! The law has changed significantly, but collectors violated the current legislation a few years ago. Often, law enforcement agencies almost do not react to minor violations (calls at the wrong time, psychological pressure), perhaps with the advent of a new law and an increase in fines for microfinance organizations, this situation will change dramatically.

To ensure peace of mind from collectors, contact a lawyer. A person savvy with knowledge of the law is interested in the result and will be able to put pressure on the official bodies of the state from the side of the letter of the law, having achieved the initiation of a case.

It is worth informing the collectors that you have filed a formal complaint for misconduct. In most cases, this reduces calls to the debtor by 3-4 times (they stop calling you and constantly disturbing you).

Change of law in the field of MFIs: More responsibility

According to Art. 12.1 of the Federal Law N 230-FZ from January 1, 2017, the conditions for calculating penalties on overdue loans are seriously changing. The main amendments to the law look like this:

1. In case of violation of the payment schedule by the borrower, the lender has the right to charge penalties (fines, interest, etc.) until the amount of interest reaches the double value of the loan.
2. Interest may only be charged on the part of the loan that has not been repaid.

The terms of this law apply only to loans that are issued up to a year and relate primarily to microfinance organizations. The interest and its calculation should be indicated at the very beginning of the contract in a clear, understandable font (requirements of the new Decree N 230-FZ).

Example(on the first point): Artemiev A.G. took a loan for a period of one month in the amount of 7500 thousand rubles. A month later, he could not pay the debt, and for every day he was charged 2% of this amount. Interest will stop accruing after 94 days, even if Artemiev does not pay.

Example(on the second point): Gavalina R.V. took a loan of 3,500 rubles for a period of 1 month at 2.5 percent per day. Her salary was delayed and she was unable to pay it on time. She had only 700 rubles in her stash, 500 of which she paid to a microfinance organization. After receiving a salary, after 6 days, after the delay in the loan, she must pay only 3,450 rubles. If she had not paid half a thousand, she would have had to pay 4,025 rubles.

Any violation of the law by collectors can result in a fine or loss of the opportunity to work in this area for up to three months.

1. When communicating with the collector, be polite, try not to show your emotions, especially if you are called for the first time.
2. Try to record the call (this feature is available on almost all modern phones), as well as store all subsequent calls, sms, letters - they can come in handy.
3. Decide who is calling you: a collector, an employee of the company where you took out a loan. If this is an employee of the company, then you have the opportunity to settle the matter before transferring it to a collection agency. The debtor should try to negotiate a payment as soon as possible, even if the other end of the wire requires an immediate refund (usually the contract is resold after 1-3 months).
4. If the collector called, specify the number of your contract, the name of the person with whom you communicate, the company in which he works. And disconnect if they call back that day - do not pick up the phone.
5. Call the company where you took out the loan. If the sale is confirmed, wait for the next call from the collectors, if not, contact the police on the fact of fraud. The department will tell you how to write an application correctly.
6. If the collectors really have your loan agreement, specify why you were not given documents on obtaining rights to a loan obligation from both companies that conducted such a transaction or at least from one of them (Civil Code of the Russian Federation Article 382). Applicable when the documents really did not reach you.
7. In cases where the collector refuses to provide papers, the debtor can safely hang up and no longer communicate with him (clause 3 of the Civil Code of the Russian Federation, Article 382). If you are asked to hand over the documents, you are not required to pay for delivery, remember this. In addition, require a complete extract from the documentation indicating the accrual of penalties for each day.

Constant violations of the Criminal Code of the Russian Federation, moral ethics, rights and freedoms of debtors of banks and MFIs by collection agencies have become the reason for the regulatory regulation of the activities of collectors. Since January 1, 2017, a new law on collectors No. 230 FZ has been in force in Russia. You will find out further about its features, advantages and disadvantages.

History of the law

Important! It should be borne in mind that:

• Each case is unique and individual.
• Careful study of the issue does not always guarantee a positive outcome of the case. It depends on many factors.

To get the most detailed advice on your issue, you just need to follow any of the proposed options:

The first Russian collectors appeared in 2001, referring to the American example of debt collection. These were special departments working at banks and dealing only with borrowers in arrears. In 2004, the first independent collection agency was created, which received the right to buy out the debts of unscrupulous clients from banking organizations and dispose of them in their own interests. It has also become permissible for the organizations themselves to turn to collectors to sell “hanging” debt for a certain fee (10% -50% of the total amount of the debt obligation).

An interesting fact is that the United States collectors institute, which moved to Russia, had a clear legal regulation on the territory of its native state, which for some reason was absent in Russia until 2014. In this area reigned, one might say, absolute lawlessness. The methods of work of collectors were horrifying, both psychological and physical violence were used against citizens who owed money to creditors.

So, 2014 was marked by the adoption of the law on consumer lending No. 353-FZ, and only one of its sections was devoted to creditors (Article 12 - assignment of rights under the contract). By law, third parties were required to maintain the confidentiality and security of the borrower's personal data, and collectors were also required to keep banking secrecy, and in the event of its disclosure, bear administrative responsibility. The law also forbade debt collectors to disturb debtors during the period from 10 pm to 8 am (working days), from 8 pm to 9 am (weekends) by calling or other means of communication. Violation of these rules was punishable by a fine of 5,000 to 10,000 rubles.

However, all these norms worked only on paper. Not only negligent borrowers, but also innocent citizens and children suffered from the actions of collectors. Unfortunately, there are a huge number of examples of lawless behavior of collection companies, and finally the government decided to change the course of events by signing a new document under No. 230 - the federal law on collectors.

The main theses of the new law

This law on collectors came into force on January 1, 2017. To be more precise, the official text of the document appeared in the middle of 2016, but then only the first part of it was in effect. Large-scale legislative innovations were carried out. So, the new law on collectors now consists of 4 chapters and 22 articles. Among the main sections of the regulatory document, which fundamentally change the previously used methods of agencies, the following can be distinguished:

Rights of collectors

This Law No. 230 does not say anything about the specific rights of collectors. It is more correct to point to the restrictions developed by the government, the requirements for collectors. Let's consider some of them. Legal entities engaged in debt recovery activities are allowed, attention, to inform the debtor about the existing debt, using legal communication methods:

• Phone calls (no more than 1 time per day, 2 times a week, 8 times a month). Silence time remains the same - the period from 22 to 8 am (working days), from 20 to 9 am (weekends).
• Personal meetings (no more than 1 time per week).
• E-mails, SMS (no more than 2 times a day, 4 times a week, 16 times a month).

Other methods of influence can be taken only with the official written consent of the debtor, from which he can at any time refuse by writing a special letter. Actually, that's all, then we will list continuous restrictions.

Prohibitions for collectors

The law, which came into force in 2017, clearly indicates information about the calls of collectors, which are prohibited from making at night. Unacceptable methods of influencing the borrower are:

1. Threats of harm to the health of the debtor or his relatives.
2. Damage to borrower's property.
3. Insults, manifestation of aggression, raising the voice of the debtor, and other options for psychological pressure.
4. Transfer of personal information of the borrower to other persons.

The collector must provide the recoverable person with his contact details for further communication. The creditor (bank or MFI) has the right to work with no more than 2 debt collection firms at the same time. The debtor, in turn, can present another person instead of himself to communicate with the collector, for example, a lawyer.

In addition to direct interactions with the debtor, a number of restrictions have been developed regarding the personnel policy of collectors. So, it is not allowed to employ citizens with a criminal record in the agency. All employees of firms will be required to undergo certification for compliance with their qualifications in the form of testing.

Now collectors are forbidden to even approach people with disabilities, minors, people undergoing treatment in hospitals, debtors who have filed for bankruptcy.

Still, earlier, collectors allowed themselves to demand the return of money from relatives, friends of the debtor, but now this is considered as a clear violation if the person being recovered did not give his consent to this method. If the borrower dies, and his close relatives renounce the inheritance, debt collection by collectors stops.

The pros and cons of the law

The law on collectors has bright advantages, one of which is the ability of the debtor to stop communicating with the representative of the collection agency at any time, revealing any violations on the part of the legal entity, but not earlier than 4 months after the delay. To do this, you will need to write an application () and send it to the debt collection agency by registered mail or through a notary. After that, the recovery will take place already in court.

All of the above limitations of collectors can also be included in the list of advantages of the anti-collector law. At the same time, there are some shortcomings in the legal act, as, indeed, in other laws of the Russian Federation, namely:

• The rules for cooperation of collectors in the law are described only with credit institutions.
• In some articles of the document, “savvy” specialists can find loopholes, because they contain all sorts of conditions, reservations, not all norms, requirements sound clearly and clearly.
• Relatively little liability has been developed for claimants in the event that they commit possible violations.
• There is no action plan for borrowers in non-standard situations, force majeure circumstances. Basically, banal banking operations and the collection of debts on them are described.

You can also "find fault" with the lack of information in the law regarding the relatives of the debtor. For example, if the collector calls the borrower's home, and the brother registered in the apartment picks up the phone, then this fact can be regarded as anxiety of another person. In general, Law No. 230-FZ is far from perfect, it is possible that in a couple of years there will be a need for its additions and changes.

Changes in the MFO segment after the adoption of the law

The new law on collectors could not bypass the activities of MFIs. In Art. 21 of the federal law spelled out changes in relation to Federal Law No. 151 (addition of the content of Article 12.1). It's about paying interest on a loan. Now you should not worry about the active growth of debt to microfinance companies. For example, a debt of 10,000 rubles will not grow several times in literally 2 months of delay.

As for penalties and fines, the penalty can reach twice the amount of the principal debt, but no more. It turns out that the normative document can save MFO debtors not only from lawlessness on the part of collectors, but also from a deep "debt hole".

Arbitrage practice

Note that for violation of the rules of conduct by collectors, administrative liability has been established (from 500,000 to 2,000,000 rubles - a fine), and the agent may also lose his job. According to the law, today only legal entities registered in the FSSP register with a net asset value of 10,000,000 rubles or more and having agreements concluded with insurance companies regarding the infliction of possible losses on debtors in the amount of at least 10,000,000 rubles can operate on the market.

The debtor always has the right to defend his rights in court. In the first years of the law, this rule will be especially relevant, because. recovering firms will have to learn how to work in a new way, to transfer their activities to the legal field. Now in the hands of debtors there is a powerful tool in the form of Federal Law No. 230, but not many skillfully use it due to elementary ignorance of their rights.

At the end of 2016, approximately 600 large collection agencies were registered in Russia, and after the entry into force of the law, about 50 representative offices remained, located mainly in Moscow and St. Petersburg. In total, there are no more than 5,000 small firms.

As examples from judicial practice show, the current law has frightened far from all collection organizations. Those who actively worked on the principles of crime continue to create lawlessness. Given the development of serious requirements for collectors (insurance, assets, etc.), it is possible that illegal immigrants will spread on the market. During the current year, multiple scandals have been recorded involving clients of microfinance organizations in the case.

For companies that prefer to act competently without violating the law, the new legal act did not come as a surprise, although it created some inconvenience and additional costs.

The bill on collectors came into force on January 1, 2017 to regulate the work of institutions involved in the collection of overdue debts from borrowers. The latter, in turn, can take advantage of the benefits contained in document 230-F3. They are expressed in the possibility of protecting the rights of a client who finds himself in a situation that implies the impossibility of repaying a debt under a loan agreement.

Law on collectors from January 1, 2017

Officials have been working on this bill for a long time. There have been many studies, discussions, discussions and disputes. However, in the end, a compromise was found, and from January 1, 2017 it became legally binding.

Here is what this law gave the Russian population:

• limits the ways in which collectors interact with borrowers who have debt to a bank or MFI;
• Law No. 230-F3 does not affect the collection of debt on payments for utilities or other debts, the right to collect which belongs exclusively to bailiffs who have appropriate grounds for this;
• the draft law touched upon the time for personal contact between collectors and borrowers. So, now collection agents can make no more than one call per day, no more than four times a week, no more than 16 times per month. At the same time, a representative of the company can visit the borrower at the address of his residence no more than once a week. It is worth emphasizing that such a number of appeals to the debtor is allowed if he has one outstanding loan. If there are more loans, then the number of requests from collectors increases in proportion to the number of outstanding loans;
• if after the expiration of the 4-month period, the collectors failed to achieve payment of the debt, then they automatically lose the right to continue interacting with this client. Further, the court begins to deal with them;
• one of the most significant restrictions is the prohibition to demand payment of debt when the borrower has officially been declared bankrupt or has provided confirmation of the first category of disability. Also, collectors cannot demand money from incompetent citizens, people who are in hospital, people under the age of 18.

At the same time, the law provides for clear time limits within which collectors can legally apply to debtors. Thus, on weekdays it is allowed to call only from 8 am to 10 pm, on weekends and holidays - from 9 am to 8 pm. In addition, collection firms are prohibited from disturbing guarantors, relatives and friends, if there was no consent of the client.

Who are collectors, where did they come from

As a rule, supply appears where there is demand. Recently, our country has been experiencing one economic crisis after another. The difficult situation in the economy affects ordinary citizens the most. Many Russians take loans, but for one reason or another they cannot service them. Banks, microfinance organizations and private lenders are suffering losses.

In order to somehow return the lost money, lenders sell debts to third parties (collectors) at half price. Collection services, in turn, resort to the most unpredictable methods to force debtors to pay. Unfortunately, it often happens that individual representatives of this area are more like real extortionists than collectors. They literally cross the line of the law. It remains to be hoped that the law on collectors from January 1, 2017 will contribute to easing the methods of working with debtors.

Conditions under which the collection service can work:

• the organization must be registered in the relevant state register with the specified type of activity, as a return of debts on loans;
• work should not violate any norms and laws;
• the amount of "net" assets of the company should not exceed 10 million rubles;
• the organization is obliged to buy civil liability insurance, the cost of which will be equal to the size of the authorized capital of the enterprise;
• staff cannot contain persons who have a criminal record. Also, managers of the company cannot have a criminal record.

It's important to know!

Collectors are allowed to make an audio recording of all conversations with debtors and keep them for up to 3 years from the moment this detail is recorded on legal paper.

If the company violates any condition, its activities may immediately be banned by the regulator (the Central Bank of the Russian Federation).

What collectors and debtors think about the new law

As many representatives of the profession under discussion note, the new law on collectors from January 1, 2017 will make adjustments to the work of many large and small agencies. At the same time, a significant part of "unscrupulous collectors" will be eliminated, and a considerable proportion will change the approach to labor activity.

The remaining “malicious extortionists” will manage to adapt to any laws and violate them in such a way as not to be noticed by law enforcement officers. As for the opinion of the majority of debtors, this side is naturally interested in any complication of the work of collectors, as this will allow them not to pay loans further. But the benefit of the new law is obvious: there will be fewer unlimited claimants.

Commercial banks seek to minimize loan default problems in a variety of ways. The main method of reducing the percentage of bad debtors in the bank's loan portfolio is the assignment of debts to third parties through. In other words, financial institutions prefer to sell bad debts to collection companies at break-even or even liquidation value rather than dealing with bad debts on their own. The price of a package of debts under an assignment agreement in favor of collectors can be several times (or even tens of times) lower than the nominal amount of the total bad debt of bank customers. But at the same time, collectors often abuse their rights to private individuals' debts and commit illegal acts.

This article will discuss the new law on collectors No. 230-FZ, adopted in 2016, which is designed to direct the relationship between collectors and debtors in the direction of the law. The most important provisions of the law for the borrower come into force on January 1, 2017.

How it was…

Collectors begin to collect debts from borrowers or guarantors on their own, sometimes in a rather harsh form, and the methods of their “work” balance on the verge of legality. Until 2016, the activities of collection organizations as such were questionable due to the lack of a legislative framework in this fairly new area of ​​civil law relations. In turn, representatives of the collection business acted on the principle "what is not prohibited by law is permitted." Harassment by collectors became a real nightmare for unscrupulous borrowers - nightly telephone threats and blackmail, visual agitation among neighbors and work colleagues, endless letters and visits from hard collection "scoundrels" were used. Repeatedly, their crimes were covered on the pages of well-known magazines and newspapers, as well as on the air of television channels. In general, this problem was given a move.

The new law on collectors in 2016 was adopted!

In contrast to the near-legal activities of collectors, the newest direction of legal assistance has been developed - anti-collection services. Nevertheless, the situation with the growing statistics of non-repayment of debts and the collection business, as a result of this trend, may end up with another social dilemma within a huge country, if lawyers at the level of legislative initiative had not intervened in the natural course of events. I must say that our parliamentarians were not idle in this field, and at the beginning of 2016 they announced the consideration and adoption of the relevant Federal Law.

Perhaps the reason for such a sharp concern about the rights of unscrupulous borrowers and setting collectors within the legal framework was the recent initiative of President Vladimir Vladimirovich Putin to completely ban the activities of private collectors on the territory of the Russian Federation. It must be said that the relevant bill was promptly put on the agenda of the Duma by Chairman Sergei Naryshkin in collaboration with Federation Council Speaker Valentina Matviyenko. However, the Government, headed by Prime Minister Medvedev, also did not remain aloof from the legislative process on such an important issue, as a result of which a document appeared that has the prospect of becoming a law.

And, finally, in July 2016, federal law N 230-FZ "On the protection of the rights and legitimate interests of individuals in the implementation of activities to return overdue debts and on amendments to the federal law" on microfinance activities and microfinance organizations "", with the official The text of which can be found at this link.

Key points of the law on collectors (come into force on January 1, 2017)

So, what does the new law promise collectors and borrowers in 2017? Let's take a look at some of its key points.

one . Either the creditor himself (or another credit organization that has transferred the right to claim the debt) or a collection organization engaged in the return of overdue debts as the main activity, which is mandatory included in the state register. Require the registration number in the state register before starting communication! The creditor is not entitled to involve two or more persons at the same time to carry out activities to repay the debt.

2. Collectors can communicate with the debtor's family members, his relatives, other persons living with the debtor, neighbors, etc. (with any third parties) only subject to the consent of the debtor, and if a third party no disagreement expressed on the interaction of the collection organization with him.

Moreover, the debtor can withdraw consent at any time. The refusal may be sent by the debtor in the form of an appropriate notification through a notary or by registered mail with a return receipt or by delivery against receipt. If such a notification is received, the creditor is not entitled to carry out interaction with a third party aimed at returning overdue debts in the ways by which the notification with a refusal was received.

3 . The interaction of creditors (or persons acting on his behalf and / or in his interests) with the debtor is possible during personal meetings, in telephone conversations, using text (for example, SMS messages) or voice messages and using postal items. Other ways of interaction can be determined only by means of a written agreement between the two parties, and the debtor can always refuse additional ways of interaction.

Refusal can be sent in the same ways as in the previous paragraph. In case of receiving a notification with a refusal, the creditor is not entitled to carry out any interaction with the debtor in the ways that were refused.

4 . Collectors must not have an unexpunged or outstanding criminal record. Geographically, they must be located only on the territory of the Russian Federation. If they carry out their activities from abroad (for example, in the form of international calls), then this is illegal!

five . The law calls on persons involved in the return of overdue debts to act in good faith and reasonably.

Not allowed:

• to use physical force against the debtor and other persons, to threaten it, to kill or cause harm to health.
• destroy or damage property or threaten to do so.
• use methods that are dangerous to human life and health.
• exert psychological pressure on the debtor, including the use of expressions or actions that degrade the honor and dignity of the debtor.
• mislead the debtor regarding: the amount of the debt; deadlines for fulfillment and reasons for non-fulfillment of obligations; the possibility of applying to the debtor various measures of administrative and criminal procedural influence, as well as criminal prosecution; the collector's affiliation with the authorities.
• provide other means of unlawful harm to the debtor and other persons and abuse the right.

6. To transfer information about the debtor to third parties, the debtor must give consent in writing in the form of a separate document. In some cases, the data will be transferred regardless of the consent (for example, to the Central Bank of the Russian Federation). debtor at any time.

7. It is not allowed to disclose information about the debtor to an unlimited circle of people on the Internet, in a residential building (any building), as well as in the form of a message at his place of work.

8 . It is not allowed to influence the debtor if:

• he is recognized or he has an agreement with the creditor to restructure the debt.
• he is incompetent, is being treated in an inpatient medical institution, is a disabled person of the 1st group or a minor.
• it takes place on weekdays from 22:00 to 08:00 and on weekends and non-working holidays from 20:00 to 09:00 local time.
• the number of face-to-face meetings exceeds once a week.
• telephone conversations are made: more than once a day; more than twice a week; more than eight times a month.
• telegraph messages, text, voice and other messages transmitted over telecommunication networks, including mobile communications, come to the debtor on weekdays from 22:00 to 08:00 and on weekends and non-working holidays from 20:00 to 09:00 local time. time.
• the number of such messages exceeds: twice a day; Four times a week; sixteen times a month.

nine . At the beginning of any interaction, the person involved in the collection of overdue debts must necessarily introduce himself, giving his full name, and provide a number of other information (depending on the type of message). For example, in telegraph messages, text, voice and other messages transmitted over telecommunication networks, including mobile communications, the debtor must see / hear the full name, information about the fact of overdue debt, the contact phone number of the creditor or collection organization. For postal items, the list of data for mandatory indication is significantly expanded.

The text in the messages sent to the debtor by mail and in the documents attached to them must be displayed in a clear, well-read font. Such messages must include the following information:

1) information about the creditor or about the person acting on his behalf (in his interests):

a) name, main state registration number (OGRN), TIN, location (for a legal entity), last name, first name and patronymic (if any) (for an individual);

b) postal address, e-mail address and contact telephone number;

c) information on agreements and other documents confirming the powers of the creditor.

2) full name and position of the person who signed the message;

3) information about contracts and other documents that are the basis for the emergence of the right to claim against the debtor;

4) the size and structure of overdue debt, the terms and procedure for its repayment;

5) details of the bank account to which the debtor can credit the funds used to pay off the delay.

10 . Creditor it is forbidden to hide information about the contact phone number from which the debtor receives a call or sends a message. Everything must be legal.

eleven . The creditor or the person representing him is obliged to respond to the debtor's appeal on issues relating to overdue debt and its collection no later than 30 days from the date of receipt of the question.

12 . In case of illegal actions in relation to the debtor, the creditor or collectors are obliged to compensate him for losses and compensate for non-pecuniary damage.

Changes Restricting the Activities of Microfinance Organizations

The Law on Collectors - 2017 provides for a number of changes that restrict the activities of microfinance organizations, information about which each MFI is required to place on the first page of a short-term consumer loan agreement (the repayment period for which does not exceed one year) before the table with individual terms of the agreement.

Let's consider these restrictions.

Effective January 1, 2017 triple limit(previously it was four times) accrual of interest under a consumer microloan agreement.

For loans, the repayment period of which under the agreement does not exceed one year, the MFI is not entitled to charge the borrower - physical. person interest after their amount reaches three times the amount of the loan. For example, with a loan of 10,000 rubles, the borrower's debt should not exceed 40,000 rubles. This amount includes the amount of the loan itself in the amount of 10,000 rubles. and accrued interest in the amount of 30,000 RUB. (10,000 rubles x 3).

Please note that this restriction does not apply to penalties (penalties, fines), as well as payments for services provided to the borrower for a fee.

Another important limitation concerns the overdue repayment of a consumer microloan (the repayment term under the agreement is not more than 1 year). After a delay occurs, the MFI has the right to accrue interest to the debtor only for the outstanding (remaining) part of the principal amount, and interest will continue until reaching double the amount the outstanding portion of the loan.

For example, if the outstanding part under the overdue contract is 10,000 rubles, then the amount requested from the borrower will be no more than 30,000 rubles, which includes the amount of the overdue debt itself - 10,000 rubles and the interest accrued on it, taking into account the double limitation - 20,000 rubles ( 10,000 rubles x 2).

The accrual of interest can be resumed only after the borrower partially repays the loan and (or) pays the interest due.

Here it must be borne in mind that the payment for the repayment of a microloan goes primarily to repay interest and principal debts, penalties and interest accrued for the current payment period, and only then the body of the debt is extinguished. Therefore, having repaid part of the overdue debt, you are very likely to repay only the debt on interest, which will immediately begin to accrue until it reaches twice the amount of the outstanding part of the loan.

The penalty (fines, penalties) should be charged in accordance with the law only on the part of the principal amount not repaid by the borrower.

Some nuances

Interestingly, at the regional and regional level in different parts of the Russian Federation, attempts have long been successfully made to combat the lawlessness of collections in favor of protecting the civil rights of borrowers and guaranteeing the personal integrity of debtors (as well as their property) before the entry into force of court decisions. Such an example is the recently adopted in the Kemerovo region (and still in force) a regional decree on the unconditional prohibition of private collection activities as such. Naturally, the document, after it came into force, nullified the possibility of collecting debts by collectors in the region. In turn, several collection companies have already unsuccessfully tried to appeal this decision to the Prosecutor General's Office of the Russian Federation.

Such legal conflicts and precedents are no longer a rarity in Russia, which indicates the need for legal regulation of the activities of collectors at the federal level. As you know, the adoption of the Law we are considering on April 12, 2016 in the State Duma did not take place due to the large number of amendments proposed for consideration by specialized commissions and committees. The last version of the document (with all the additions and changes) was published only at the end of the spring session of the Parliament. As expected, the rights of collectors in the new Federal Law are significantly limited, especially in the context of various measures of physical and psychological impact on borrowers.

In cases where collectors exceed their own official powers and attempt to violate the civil rights of borrowers, law enforcement agencies (the police and the prosecutor's office) get enough reason to severely suppress socially dangerous phenomena. Therefore, the social importance and relevance of the adoption of a special legislative act on collection activities simply cannot be overestimated.

Bill "On the protection of the rights and legitimate interests of individuals in the implementation of activities for the return of debts" June 21 was adopted by the Duma and sent to the Federation Council.
It can be assumed that the existing text of the bill will remain without significant changes, because at this stage, as a rule, they are no longer being introduced.

For those who do not master reading the entire post, I will write my conclusions at the very beginning.

The new bill will definitely make debt collection more difficult. But in general, there is nothing critical that can completely stop debt collection. First of all, I am sure the law will “hit” not just collectors and MFIs, but just the borrowers themselves.

From a borrower who “hid” from collection and initially did not want to repay his debt, and before this bill, collecting a debt was not an easy task and often almost impossible. Many MFIs have long used the technology of their risk departments in collections. At the issuance stage, they already assume which of the risky borrowers will be able to recover, and who do not need to spend their resources in the future. Now I'm sure the bar will simply be "raised" for high-risk borrowers. Many soon will not be able to get not only a loan, but also a loan from an MFI. And it's not always scammers.

And of course, these changes will affect small players in the microfinance market. Small collection agencies will have to leave the collection market. Their place will be taken by large market players, and they are not always interested in small volumes of MCCs. I will assume that their portfolios (MKK) will gradually decrease, and income will decrease accordingly. Perhaps many will have to leave the roar.

Creditors will go to courts. And the debts will no longer be collected by collectors, but by bailiffs who have the authority to enforce collection. So thirdly, the bill will significantly increase the workload of the courts.

Together with this bill, amendments to the Federal Law were adopted "On microfinance activities and microfinance organizations":

MFIs are not entitled to accrue interest to a borrower - an individual under a consumer loan agreement, the term of repayment of a consumer loan for which does not exceed one year, with the exception of a penalty (fine, penalty fee) and payments for services provided to the borrower for a separate fee, if the amount of accrued under the interest agreement will reach triple size.
Let me remind you that previously this restriction was quadruple.

In case of delay, interest is charged only on the outstanding part of the principal debt and only until the total amount of interest payable reaches two times the amount of the outstanding part of the loan.
For example, the borrower owes 10,000 rubles, interest cannot be charged more than 20,000 rubles. Which ultimately will not exceed the previous limit of three times the amount of 30,000 rubles.

The penalty is charged only for outstanding amount principal debt.

These changes will apply to consumer loan agreements, concluded from January 1, 2017.

Now let's try to deal with the new bill. And so the main points of what awaits us:

1. Interaction with third parties for debt collection (contacts indicated by the borrower, in addition to their own) will be limited.

To interact with third parties, the following conditions must be met:
consent of the debtor himself and a third party, and no disagreement is expressed on the implementation of interaction with them. Consent can be withdrawn, including by sending a registered letter.

2. Interact with borrowers through personal meetings, telephone conversations, SMS, etc. (everything except mail) can only:

- creditor;
- person acting on behalf of and (or) in the interests of the creditor, only if it is a person with bank status or face, engaged in debt collection activities as the main activity included in the state register (collector). At the same time, when the rights of claim are assigned, the new creditor must be a bank or a collector to interact in the same ways.

3. You can not involve in the interaction with the debtor of persons who have an outstanding or outstanding conviction for crimes against the person, crimes in the economic sphere or crimes against state power and public security, persons located abroad, as well as interact with the debtor from abroad.

4. You can not post information about the debtor on the Internet, a residential building and another building, as well as report at the place of work.

5. The creditor has the right to transfer the data of the debtor to a new creditor or a person when concluding an agreement with him, providing for the implementation of actions aimed at repaying debts (collector) only with the consent of the debtor in the form of a separate document. In this case, the debtor will have the right to withdraw his consent, respectively, after the withdrawal, it will be impossible to make an assignment, as well as transfer the debt to collection to collectors

6. Lender has the right to collect a debt (interact with the debtor through personal meetings, telephone conversations, SMS - everything except mail) only either in person or when engaging only one collector at a time.

7. You cannot interact with the debtor:
- weekdays from 22:00 to 08:00
- on weekends and non-working holidays from 20:00 to 09:00 local time at the place of residence (stay) of the debtor, a known creditor or collector, in accordance with the agreement or other document on the basis of which the debt arose, or in accordance with a written notice debtor;

Interaction frequency:
through personal meetings - more than once a week;
when interacting by telephone:
- no more than once a day;
- no more than twice a week;
- no more than eight times a month.

8. Quantity restrictions introduced for SMS messages and the time of their sending, the mandatory content of the message is set.

Personal meetings and telephone negotiations are prohibited:
- with persons in bankruptcy proceedings;
- with a debtor in respect of which it is known that he:
- is a person deprived of legal capacity, limited in legal capacity;
- is situated on treatment in a medical organization;
- is an disabled person of the first group;
- is an minor(except emancipated).

9. Call by phone only from subscriber numbers, owned by a creditor or collector. Can't hide number.

10. The debtor has the right to refuse from interaction or indicate your representative (meaning the refusal of personal meetings, telephone conversations, SMS, etc. - everything except mail; only a lawyer can be a representative). Such notification may be sent through a notary or by registered mail with acknowledgment of receipt or by delivery of an application against receipt. An application for refusal to interact can be sent to the creditor or collector no earlier than 4 months from the date of the delay. At the same time, the adoption of a judicial act on recovery suspends the application for refusal for 2 months.

11. The creditor is obliged within 30 working days from the date of attracting the collector, notify the debtor in writing.

12. Collectors will be required to be included in the register, bring a website on the Internet, insure your liability (the sum insured is at least 10 million rubles), etc. The size of the net assets of such an organization has been established - at least 10 million rubles.

13. Collectors must keep and store audio recordings of conversations, storage of text messages, report on their work to the authorized body.