Register for the return of overdue debts. The Federal Bailiff Service of Russia has published a register of legal collection organizations. Register of official collection agencies

Register of collectors, a unified state register of operating collectors in 2018

• List of collection agencies licensed in 2018

List of collection agencies licensed in 2018

• • Comments
• FSSP published a list of legal debt collectors

Register of collectors, unified state register of operating collectors in 2018 © 2015 - IA "Zaim.com" Certificate of mass media EL No. FS 77 - 68179 dated December 27, 2018. After studying the information provided, our specialists will contact you. You can track the status of your application in your personal account on Zaim.com. Access is sent to the email specified during registration.

Collection agencies included in the state register

However, before going to court, it is worth stocking up on evidence of violation of the law. What to do if collectors call If you are not in the mood to communicate with creditors, you can simply not pick up the phone. There is no criminal or administrative liability for this.

You can also write to the bank that your phone is blocked and communication is only possible by email. Another way is to blacklist collector numbers or change your phone number. However, in the latter case, you need to issue a new SIM card for another person.
Collectors are prohibited from calling certain categories of persons:

• pregnant women and women who have a child under one and a half years old;
• people who are undergoing treatment in medical institutions;
• disabled people of group 1.

If you don't mind communicating with creditors, speak politely and without insults.

List of collection agencies included in the register

Attention

The rights of collectors under the new law are limited. Officially, companies are allowed to take actions to collect debts from citizens of the Russian Federation. However, the methods used must not contradict existing legislation. That is, any threats are prohibited, and even more so, damage to property (this also applies to offensive inscriptions, which collectors often use as a way to influence non-payers).

Agencies cannot contact a bank client who is behind on payments if the loan agreement does not contain a corresponding clause allowing the involvement of third parties. Besides, financial institution is obliged to notify the debtor that his debt has been transferred to a collection company. When communicating with a defaulter, a company employee must provide his personal information and name the organization he represents.

Law on collectors from January 1, 2018 No. 230

The collector has the right to meet with the defaulter no more than once a day, 2 times a week and 8 times a month. When and who can collectors call under the new law. Do debt collectors go to court? Many people are concerned about whether debt collectors can sue if they don’t get their money back.

Important

This argument is often used as a way to influence debtors. Indeed, the company can appeal to a higher authority, but a person does not face a prison sentence for non-payment of a loan. The only decision that the court can make is to oblige the defaulter to repay the loan amount (for example, through monthly deductions).

Companies that have not been accredited and have not entered into an official agreement with the bank cannot apply to the highest authority. If an appeal to the court occurs, the debtor will answer to the bank, and not to the collectors.

26 collection agencies are included in the register of the bailiff service

Accordingly, there can be no talk of any repayment of exorbitant interest rates (which debt collectors often try to impose). They can only assign payment of penalties in accordance with the loan agreement. You cannot sue if the statute of limitations on the loan document has expired (3 years).

Rights of debtors under the new law Remember that debt collectors can call or write to you only within 4 months from the date the loan became overdue. After this period, you have the right to refuse to communicate with employees of collection organizations. To do this, you need to write a written application and send it to the bank to which you owe money.
The document must include the details of a lawyer authorized to communicate with debt collectors. If an employee of a company violates the established rules (fails to introduce himself, makes threats, or calls at night), you can file a complaint against him.
Unfortunately, Ezaem is not currently accepting online applications on Zaim.com. We apologize for the inconvenience! You can send an application to another organization under similar conditions: List of collection agencies licensed in 2018 The FSSP published a list of collection agencies licensed in - 150 agencies were included in the state register. From January 1, 2018, only collection agencies included in the state register of collection agencies can collect debts from individuals.
Citizens can complain about illegal actions to law enforcement agencies and the FSSP, which since January 1, 2018 has been vested with the functions of monitoring the activities of collection agencies. Comments

• Have questions? Lawyers are ready to answer them. It's free.
• The FSSP has published a list of legal collectors. The list includes 26 collectors.

Harsh statements can be used against you if the case goes to court. What to do if collectors threaten you in 2018 If your life, health or property is threatened, you need to collect evidence to go to court. If threats come over the phone or in a personal conversation, use a voice recorder.
The recording is subsequently provided to the police along with a statement about the threats received. If they are trying to intimidate you via SMS, save the messages in your phone memory. In the future, they will also be used in court as evidence. You can simply ignore the threats if you do not plan to start a lawsuit. List of prohibitions for collectors. Where to complain if collectors call about someone else's loan The most inconvenient thing is calls about other people's loans.

How often have we heard in the media lately about the lawlessness of debt collectors?! In Iskitim, a woman was raped in front of her beaten husband and son; in Ulyanovsk, collectors threw a Molotov cocktail at the debtor’s window and caused burn injuries to a small child; in the Urals, the work of an ambulance and a kindergarten was completely paralyzed because the collectors had set the numbers to auto-dial. Similar examples It turned out to be an indecent amount.

Not only for borrowers, but now also for deputies, it has become obvious that a separate law on collectors and a tightening of their activities is needed.

And such a bill was adopted in mid-June 2016, and 6 days later it was approved by the Federation Council. The changes came into force on January 1, 2017.

So, what does this law promise for borrowers? What can collectors do and what are they prohibited from doing? Who will control their activities? What negative consequences does the 2017 law on debt collectors have for potential MFO borrowers in the future?

Among the minimum requirements:

1. Availability of your own website indicating licenses, contact numbers and other details in the public domain
2. The minimum asset threshold is from 10 million rubles.
3. Mandatory liability insurance in the amount of at least 10 million rubles.

Other organizations that are not included in the state register and have not received a license can continue to operate starting January 1. For violation, legal entities will face a fine of up to 2 million rubles. By the way, on December 30, only 10 spacecraft out of hundreds of existing ones were included in the register.

Code of conduct for collectors according to Federal Law No. 230

So, the following can interact with the borrower and 3rd parties:

1. Directly creditor
2. A person acting on behalf of the creditor and in his interests. Such a person can only be a bank or an officially registered employee of a company included in the register of collection organizations in Russia.

From now on, debt under an assignment agreement can only be sold to a bank or a CA from the registry. Accordingly, the sale of debt to individual entrepreneurs, individuals and other organizations is prohibited.

Separate requirements are imposed on employees of collection agencies. From now on, they do not have the right to hire persons with an open criminal record, as well as those located abroad of the Russian Federation. Also, collectors must be located exclusively on Russian territory. Any contact with the borrower from outside is illegal.

• Any communication between the collector and 3 persons (relatives, acquaintances, friends, work colleagues and all those whose numbers were indicated in the questionnaire) will be limited. That is, without the written consent of the debtor or a third party, the collector will not be able to conduct a dialogue with them. If there was a clause in the loan agreement that allowed for communication with third parties and the borrower signed such an agreement, agreeing to all its terms, then at any time this consent can be revoked by writing a regular application addressed to the director of the MFO.
• Collectors are prohibited from posting any information about a borrower with a debt on the Internet, residential buildings or other buildings. It is also prohibited to report the presence of a debt to the debtor’s work and to conduct any conversations about the borrower’s debt with his employer and colleagues.
• From now on, consent to transfer the borrower's debt to the CA or to a new lender must be contained in the format of a separate document, and not in small print at the end of the loan agreement. Moreover, at any time, even immediately after receiving the loan, the borrower can withdraw consent to transfer the debt to the CA or to a new lender. This means that the credit institution will not be able to sell the debt under the assignment agreement or submit it for collection to the CA.
• According to the new law, you can interact with the borrower only through personal communication at a meeting, via SMS, telephone and mail. At the same time, calls and SMS messages must come from numbers registered to the collector or creditor; numbers cannot be hidden.

Moreover, collectors are required to keep records of all telephone conversations/SMS and store them.

• The Anti-Collection Law of 2017 also regulates the frequency and time of calls. So, for example, communication with the debtor must be carried out at certain hours:

1. On weekdays from 08:00 to 22:00
2. Saturday and Sunday from 09:00 to 20:00

• The number of calls/meetings and SMS is also limited. You can meet with the borrower in person no more than once a week. You can call:

1. No more than 1 time per day
2. No more than 2 times a week
3. No more than 8 times a month

• A complete ban on any interaction with the debtor if:

1. He is in bankruptcy proceedings
2. He was deprived or limited in legal capacity
3. Currently undergoing hospital treatment
4. Was recognized as disabled group 1
5. Is a minor

Naturally new law about collectors prohibits:

• Use force or threaten
• Cause harm to health and life
• Cause damage to property
• Influence the borrower psychologically
• Mislead the borrower and contact persons regarding the amount of the debt, the timing of its repayment, etc.
• You cannot introduce yourself with fictitious names, impersonate law enforcement officers, bailiffs and other government agencies, wear clothing similar to the uniform of any department, identification stripes, etc.
• You cannot talk with the borrower about initiating a lawsuit, further collection by bailiffs, possible criminal liability for non-repayment of the loan, etc. This means that the collector, during a conversation with the debtor, has the right only to voice the amount of the debt and report the details for its payment. All. Any mention of words such as “court”, “prison”, “prison”, “fraud”, “bailiffs”, criminal prosecution”, etc. strictly prohibited.

According to the new law, how can you get rid of the debt collector once and for all?

One of the most important points of debt collector law is the borrower’s right to refuse any contact with debt collectors. The borrower acquires this right after 4 months from the date of the delay. To get rid of debt collectors once and for all, you need to write a corresponding application and send it by registered mail with return receipt requested to the CA and the creditor. After such a statement, the collector has no right to contact the borrower in any way.

Thanks to the new law on debt collectors, in 2017 it will be impossible to combine debt collection activities with the provision of microloans or any other type of activity. This means that MFO employees (personal managers, collection departments, security service, etc.) cannot collect debt on their own.

The amount of debt will not grow!

Due to the fact that the law on collectors was adopted, in 2017 there was new article in the Federal Law on MFOs. Now maximum amount debt is regulated by the state. Borrowers from now on do not have to worry that the debt from the principal amount of 5,000 rubles will grow to 150,000 thousand. This is not possible thanks to the new amendment.

When developing a new law on collectors, a new article 121 was added to Federal Law No. 151 “On microfinance activities and microfinance organizations”, which regulates new order accrued interest in case of delay.

According to it, in the event of a delay, the MFO has the right to accrue interest only on the remaining amount of the principal debt and until the amount of accrued interest reaches twice the amount of the outstanding portion of the debt. This means that the debt will stop growing and will stop as soon as the interest debt reaches the specified amount.

Read also: Certificate from a therapist about your health status

The changes will affect only those loans for which agreements were concluded on January 1, 2017.

Who will control the activities of collection agencies in 2017 in Russia?

In mid-December, the President of the Russian Federation signed a decree that gave the FSSP obligations to monitor the activities of collectors. But the Ministry of Justice in the same decree is called upon to carry out legal regulation of activities for the return of overdue debts of individuals and individual entrepreneurs.

Thus, a special department will be created on the basis of the FSSP, which will include more than 300 specialists throughout Russia. They will be the ones who will maintain the register of collection agencies, take measures to include/exclude KA from the list of “selected ones,” and carry out supervision and verification of collectors.

Therefore, the most important body to which you need to complain about the actions of a particular agency is the FSSP, and not the Central Bank or Rospotrebnadzor.

How beneficial is the law on debt collectors for borrowers?

With the entry into force of the law on debt collectors in 2017, borrowers can breathe easy. As practice shows, in the first month of the new year, the actions of collectors weakened only by an iota from previous indicators. Judging by the reviews, the number of calls has dropped by an average of 10-15%, but threats over the phone have not gone away. Collectors are still not shy in their expressions and put pressure on debtors using all available and inaccessible methods, including those prohibited by the new law.

Obviously, this will continue until the supervisory authorities “remove” from the market the companies that operated before 2017, but did not receive a license to carry out collection activities in accordance with Federal Law No. 230.

And from large companies that have received a license, it is difficult to expect fundamental changes in the methods of collecting overdue debts that will comply with the technical specifications. Most likely, this will be the case until the FSSP and the Ministry of Justice are inundated with complaints from borrowers regarding violations of the law on collectors by one or another collection agency.

What negative consequences could the 2017 debt collector law bring to borrowers?

Of course, the new law on debt collectors will make it more difficult for debt collectors to collect overdue payments. However, on the other hand, it will also hit MFO borrowers.

The fact is that most microfinance organizations, even at the stage of checking a potential client, calculate which of the risky borrowers will be able to collect the debt in case of non-repayment, and on whom it is better not to waste physical and financial resources.

After Federal Law No. 230, many MFOs will simply raise the bar for potential clients from high risks. And if previously they could easily get a microloan from an MFO, now they are unlikely to be able to do this.

Well, there is a high probability that MFOs will begin to “go” to the courts, which was practically not observed before.

If previously more than half of the debtors calmly waited until the expiration of the statute of limitations, after which debt collection through the court was practically impossible, now this is unlikely to happen.

The fact is that with the new law, small agencies will leave the collection services market. Their place will be taken by large players, and it will be much more profitable and convenient for them to work with banking portfolio credit debt than with microloan borrowers. From this it is quite possible to assume that it will be quite difficult for MFOs to find collectors to collect debts from their borrowers. And if so, then there will be no other option but to go to court.

And in this case, debts will be collected by bailiffs who have the authority to forced collection debt.

What did the law on collectors give us?

As a result, we received a bill that, on the one hand, protects debtors, and on the other hand, hits them and potential borrowers of microcredit organizations in the future.

As a result, we received a set of prohibitions and rules that collectors cannot violate, but statistics showed that their actions have remained virtually unchanged since the new law on collectors came into force.

Register of collection agencies of the Russian Federation

The need for a special register of collectors and collection agencies is long overdue. Until recently, nothing prevented any person from taking the beautiful name “collector” and going to collect debts. The essence of such activity initially involves putting pressure on the client and, alas, not all newly minted specialists could independently maintain themselves within the bounds of politeness, and sometimes even the law.

Many citizens, especially those who have been “attacked” by so-called collection agencies, are wondering whether there is official list, and if so, how exactly to check the reliability of the desired organization.

Is there a unified register of collection agencies in the Russian Federation?

A unified register of collection agencies of the Russian Federation does exist. January 27, 2017 on the website Federal service bailiffs, a list of legal entities entitled to provide such services was published. Ten of them received a license on December 29, 2016. By August 2017, there were already 142 agencies on this list, and some of them have been excluded by this point.

For comparison, at the end of 2016 in Russia there were 553 thousand legal entities engaged in debt collection. For many of them, this is not the only type of service - such organizations have no chance of getting on the list. It can only include those agencies for which the return of unpaid debts is their main activity.

Important! From January 1, 2017, only agencies included in the list have the right to carry out collection activities. Other organizations that are not included in the register risk receiving substantial fines (for legal entities - up to 2 million rubles, for individuals - up to 500 thousand rubles).

The law regulating the issue was signed in July 2016. Please note: the law only concerns the nuances of repaying debts that are not repaid on time. There is no mention of all other types of debt.

Which agencies are included in the register, how to get on it?

Which collection agencies are included in the state register? The decision to include collectors in the unified register is made by the territorial branch of the FSSP. The list indicates the date and number.

To be included in the register, a legal entity must submit an application to the FSSP body. Based on the results of the review, a certificate is issued. It is noteworthy that the license comes into force only with the approval of the organization on the list. The application for inclusion in itself does not guarantee receipt of a “place” and does not provide grounds to continue to provide collection services.

A person breaking the law may be fined– upon detection of the provision of services, representatives of the bailiff service have the right to draw up a protocol on the violation, despite the fact that an application from such a person may already be under consideration in the same service.

The list of collection agencies included in the state register is regularly updated. Any organization can apply.

Note: The state register of collection agencies of the Russian Federation and the lists of the National Association of Professional Collection Agencies (NAPKA) are completely unrelated.

Membership in NAPCA is similar to membership in a trade union, although with a different focus. The organization was created in 2007, is non-profit, companies join it on a voluntary basis, to maintain or create a business reputation, with the goal of developing the collection services market in Russia to an international level.

This participation is obligatory, but from a completely different point of view. If you look carefully, you will notice that the NAPKA lists and the FSSP list do not coincide - which, by the way, is sometimes the basis for criticism of the state initiative by interested citizens.

How to find out if a collection agency is included in the state register?

The easiest way to do this is on the FSSP website by the address. This page does not have any convenient search functionality, but you can always use the Ctrl+F key combination and find the desired organization by name (full or abbreviated name of the legal entity).

At the bottom of the page there is the same list of collection agencies included in the register, available for download in three formats: PDF, XLS, ODS.

Conclusion

The initiative to create a registry is still quite fresh. There is no data yet on its serious impact on the level of civilization of the collection market. It also cannot be said that legal. persons involved in debt collection quickly and unanimously rushed to submit applications, although the rate of growth of the list (from 10 to 142 in six months) at first glance seems promising.

In any case, having heard the name of an agency over the phone, it makes sense to check the presence of this organization in the register and, based on the information received, build further communication. If an organization is not on the list, you can safely deny it the right to file claims, citing the law, or even go further - report the violator to the bailiff service.

Read also: Article 89 of the Criminal Code of the RSFSR

Denis Malakhov for the newspaper "Gudok" about the state register of collectors

Only 26 companies included in the state register can work with debtors

Most of these are large companies - the main market players. According to the National Association of Professional Collection Agencies (NAPCA), they account for about 80% of the volume of overdue debt collection. “For leading collection agencies, compliance with legal requirements - such as liability insurance and licensing of operating systems - did not cause difficulties, since they already fulfilled them. But these restrictions, we hope, will clear the market of “gray” collectors and, accordingly, illegal methods of debt collection,” notes Elena Dokuchaeva, president of the Sequoia Credit Consolidation collection agency.

Let us note that according to the law on collectors, which came into force in January of this year, only collection agencies included in the state register can directly contact debtors. “Thus, a clear boundary has been drawn between “good” and “bad” collectors. Previously, it was not so easy to determine. Now there is a formal sign - the presence or absence of a company in the state register. This makes it easier for the police and the prosecutor’s office to combat illegal debt collection activities,” notes NAPCA Director Boris Voronin.

According to the new rules, creditors are required to notify debtors in writing about the involvement of collectors, and agencies do not have the right to withhold information about themselves when communicating with citizens. “The first thing a citizen should do if they are contacted by collectors is to check them on the FSSP website. If the company is not in the register, you can ignore the call or complain to the bailiffs. If the debt collector’s behavior is too intrusive, you need to involve the police,” recommends Denis Malakhov, senior lawyer at the Debtor Defense League. You can also complain to the FSSP about violations of the law by accredited agencies, the lawyer notes.

Register of collection agencies

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Register of collection agencies in 2017

On January 16, 2017, a register of collection agencies appeared on the FSSP website in accordance with the basic requirements of the Federal Law. This document allows you to verify the legality of conducting professional collection activities. Accordingly, every person should know how to check whether a collection agency is included in the state register in the event of professional debt collectors contacting them regarding a debt.

How to find the registry of collection agencies

2. After that, select “Services” from the main menu list.

4. After completing all the steps in sequence, you will see a table with a list of legal collection agencies in Russian Federation.

Why do ordinary citizens need a registry of collectors?

You can officially verify the legitimacy of the company that is applying for debt;

The document indicates the legal address of the organization, which will make it easy to find the addressee to whom to write a statement or claim in the event of any incident;

The register contains an exact website with which you can study information (contact details, addresses of nearest offices), as well as clarify it (by hotline or by sending an application to the organization’s email address);

Basic requirements for collection agencies

The Federal Law (230-FZ) states the basic requirements for the activities of collectors and collection agencies, such as:

Have mandatory state registration of the organization on the territory of Russia;

The collection agency must be included in the state register (can be checked on the FSSP website);

The employee must not have a criminal record in the economic sphere or be convicted of a crime against state power;

The employee must not have any illnesses that would prevent him from working in this organization.

Their responsibilities include:

Maintain a list of employees who have access to personal information debtor (the employee must give a receipt for familiarization with the Federal Law, and is also obliged to maintain the confidentiality of information);

Keep all paper and electronic documents for three years from the date they were sent or received;

Keep an audio recording of all cases of interaction with the debtor, warning him about this, and also store these recordings on media for at least three years;

Provide the authorized body with a report on its activities and inform it about changes made to its constituent documents;

Comply with the requirements provided for in Art. 13 230-FZ.

Restrictions on the activities of collectors

The federal law (230-FZ) introduced restrictions for collection agencies on January 1, 2017. Thus, these organizations do not have the right:

Disturb the debtor from 20:00 – 9:00 – on holidays and weekends, 22:00 – 8:00 – on weekdays;

Visit the debtor more than once a week;

Call the debtor more than once a day, twice a week and eight times a month;

Send SMS more than twice a day, four times a week and sixteen times a month;

Call the debtor at work numbers and visit him at work;

Hide your phone number, as well as call from phone numbers that do not belong to the collector or creditor;

Contact with third parties (parents, colleagues, neighbors);

Damage or destroy the debtor's property;

Use words that humiliate the honor and dignity of the debtor (third parties);

Use physical force, threats to life and health against the debtor, as well as third parties;

Exert a psychological influence on the debtor and third parties;

The law also clarifies the borrower's rights to protect his interests. Before each contact, the debtor must be informed:

Last name, first name, patronymic (if any) of the creditor;

Information about whether the borrower is in arrears on the loan;

Contact telephone number of the creditor or a person who has the right to act on his behalf.

If these provisions are violated, the collection agency faces serious fines.

Federal Law (230-FZ) introduces a fairly large number of restrictions on the activities of creditors and collectors. Definitely, innovations will reduce violent and illegal debt collection from borrowers. The law will also make it possible to remove unscrupulous collectors who denigrate the activities of other agencies included in the register. But how the law will be applied in practice - only time will tell.

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Head of the legal department of SRO "Unity"

Director for Sales of Additional Products of the Bystrodengi Group of Companies

Head of Department retail business Bank "Levoberezhny"

State register of official collection agencies

Register of official collection agencies

Limited Liability Company "Active Business Collection", LLC "Active Business Collection"

Non-public joint stock company "First Collection Bureau", NJSC "PKB"

Limited Liability Company "National Collection Service", LLC "NSV"

Limited Liability Company "Agency Credit Finance", LLC "AKF"

Joint Stock Company "Financial Agency for Collection of Payments", JSC "FASP"

Limited Liability Company "Center YUSB-M", LLC "Center YUSB-M"

Limited Liability Company "M.B.A. Finance", LLC "M.B.A. Finance"

Joint Stock Company "SEQUOIA CREDIT CONSOLIDATION", JSC "SEQUOIA CREDIT CONSOLIDATION"

Limited Liability Company "Center YUSB", LLC "Center YUSB"

Limited Liability Company "GK Financial Services", Limited Liability Company "GK FIN"

Limited Liability Company "Trust", LLC "Trust"

Limited Liability Company "Trust-Western Siberia", LLC "Trust-Western Siberia"

Limited Liability Company " Management Company Trust", LLC "Management Company Trust"

Limited Liability Company "Company Trust", LLC "Company Trust"

Limited Liability Company "Debt Agency "Credit Security Center", LLC "DA-TsKB"

Limited Liability Company "Filbert", LLC "Filbert"

Limited Liability Company "Credit Security Bureau "RUSSKOLLECTOR", LLC "Credit Security Bureau "RUSSKOLLECTOR"

Limited Liability Company "Agency Regional Organization for Debt Collection", LLC "Agency R.O.S.Dolg"

Limited Liability Company "Capital Debt Recovery Agency", LLC "Stolichnoe AVD"

Limited Liability Company "Credit Inkaso Rus", LLC "Credit Inkaso Rus"

Limited Liability Company "Creditexpress Finance", LLC "KEF"

Limited Liability Company "Phoenix", LLC "Phoenix"

Limited Liability Company "EVEREST", LLC "EVEREST"

Limited Liability Company "TsZ Invest", LLC "TsZ Invest"

Limited Liability Company "Kamelot", LLC "Kamelot"

Limited Liability Company "Agency of Legal Collection and Support", LLC "UVS Agency"

Limited Liability Company "L-COLLECTION", LLC "LK"

Limited Liability Company "P.R.E.S.K.O.", LLC "P.R.E.S.K.O."

This article consists of one part and addresses current issues regarding the transfer of credit debt to a bank to third parties, most often which are collection organizations. The article also touches on the most pressing issues of the legality of debt collectors’ actions to collect debts, taking into account new judicial practice.

The points of the article are the following:

The right of banks and microfinance organizations to transfer debt under a loan agreement to third parties

Debt collection for overdue debts is regulated by Federal Law No. 230-FZ dated July 3, 2016 “On the protection of the rights and legitimate interests of individuals when carrying out activities to repay overdue debts and on amendments to the Federal Law “On microfinance activities and microfinance organizations.”

Banks, microfinance organizations and collection organizations have the right to collect overdue debts. True, the latter’s right to collect overdue debts is practically not regulated by law. Banks and microfinance organizations have the right to transfer overdue debts to third parties. The transfer of debt under a credit agreement or loan (overdue debt) is carried out by concluding an agency agreement or through an assignment agreement.

In the first case, the organization with which the agreement is concluded acts in the interests of the creditor or lender. In the second case, he is an independent claimant. Under an assignment agreement, there are two persons – the assignor and the assignee. The relationship between the assignor and the assignee is regulated by Chapter 24 of the Civil Code of the Russian Federation. It should be borne in mind that, according to Art. 388 of the Civil Code of the Russian Federation, assignment of a claim by the assignor to the assignee is allowed only if it does not contradict the law.

At the same time, according to Part 1 of Art. 12 of the Federal Law “On the protection of the rights and legitimate interests of individuals when carrying out activities for the return of overdue debts and on amendments to the Federal Law “On microfinance activities and microfinance organizations”, the assignee to whom the overdue debt is transferred must be responsible for the activities for the return of overdue debts basic. Failure to comply with this rule may be grounds for declaring the assignment agreement invalid. An assignment agreement may be declared invalid for other reasons, but this is a topic for a separate article.

Concept of banking license

According to Art. 13 of the Federal Law of December 2, 1990 No. 395-1 “On Banks and Banking Activities”, implementation banking operations is carried out only on the basis of a license issued by the Bank of Russia in the manner established by this Law, with the exception of cases established in the Federal Law “On National payment system" There are various forms of banking licenses for banking activities. All licenses are placed in the Register of issued licenses for banking operations. This register of licenses issued to credit institutions is mandatory published by the Bank of Russia in the Bulletin of the Bank of Russia.

Carrying out banking operations by a legal entity without a license, if obtaining such a license is mandatory, entails a penalty from such legal entity the entire amount received as a result of such operations, as well as the collection of a fine in the amount of twice this amount to the federal budget. Moreover, the Bank of Russia has the right to file a claim against such an organization in arbitration court about its liquidation.

For greater clarity, let us imagine the following situation:

A certain organization received, on the basis of an assignment agreement, the right to collect a debt in the amount of one hundred thousand rubles. The debtor agreed with the amount presented and repaid the debt. Later it turned out that this organization did not have a banking license.

Accordingly, this organization should be charged not only one hundred thousand rubles, but the entire amount for such transactions, including the indicated one. Also, this organization should be charged a fine of twice the entire amount for such transactions. And so on for each violation identified during the inspection.

Accordingly, a banking license is a special document issued by the Bank of Russia to an organization to carry out banking operations, in the absence of which the organization is obliged to return all amounts received for operations carried out without a banking license and pay a fine of twice this amount for each fact of such operation . The result may well be bankruptcy of the organization, for example, the same collectors.

Collection organizations and the basis for their activities

A collection company is an organization specializing in the collection of debts and their further collection from debtors in favor of a bank or microfinance organization under an agency agreement, or in its own favor if such debts were purchased by collectors under an assignment agreement.

The legal basis for the activity is already established in the above-mentioned law on the protection of the rights and legitimate interests of individuals when carrying out activities to repay overdue debts, as well as in the recently issued Resolution of the Judicial Collegium for Civil Cases of the Supreme Court of the Russian Federation dated May 14, 2019 No. 67-KG19 -2.

To carry out its activities, a collection organization must have a fairly extensive list of documents, certified copies of which must be provided to the debtor upon his request. At the same time, only one collector from the corresponding collection organization can directly interact with the debtor, and not the entire organization as a whole.

In order to interact with relatives, acquaintances of the debtor, and his employer, collectors must meet two conditions:

• the debtor must agree to such interaction;
• the third party, which includes the above persons, did not express their disagreement.

Both conditions must be expressed in writing. It should be noted that all of the listed persons, including the debtor himself, should not be incompetent, persons undergoing treatment in hospitals, disabled people of the first group, minors, except in cases of their emancipation in judicial procedure.

Additional documents that should be followed when regulating the activities of collection organizations are the Law of the Russian Federation dated 02/07/1992 No. 2300-1 “On the protection of consumer rights” and the Resolution of the Plenum of the Supreme Court of the Russian Federation dated 06/28/2012 No. 57 “On the consideration by courts of civil cases on disputes regarding the protection of consumer rights.”

The Consumer Protection Act is applicable in the sense that, as in the case of consumption banking services, and when interacting with collectors, an individual who turns out to be a debtor under a loan agreement is a consumer of these services, given that the Supreme Court of the Russian Federation in the above Resolution supports this position.

Carrying out activities by collection organizations to recover overdue debts

To carry out their activities to return overdue debts, collectors, first of all, must be guided by the Federal Law “On the protection of the rights and legitimate interests of individuals when carrying out activities to return overdue debts and on amendments to the Federal Law “On microfinance activities and microfinance organizations.” As mentioned above, for collectors this activity should be the main one. In addition, to carry out their activities, collectors are required to be included in the state register. Such a register can be found on the website of the FSSP of Russia.

There are certain rules for the interaction of collectors with debtors to collect overdue debts. These rules are listed in Art. 4 of the Federal Law “On the protection of the rights and legitimate interests of individuals when carrying out activities to repay overdue debts and on amendments to the Federal Law “On microfinance activities and microfinance organizations”.

These include:

• personal meetings and telephone conversations, otherwise known as “direct interaction”;
• telegraph messages, text, voice and other messages (collectors very often confuse other messages with threats, insults, bullying, swearing) transmitted over telecommunication networks, incl. mobile radiotelephone communications;
• postal items at the place of residence or place of stay of the debtor.

The listed methods of interaction are not exhaustive, but other interaction actions can only be provided for in a written agreement concluded between the collection organization and the debtor, signed by both parties.

The Federal Law “On the protection of the rights and legitimate interests of individuals when carrying out activities to repay overdue debts and on amendments to the Federal Law “On microfinance activities and microfinance organizations” establishes a restriction on the interaction of collectors with the debtor.

Such restrictions include the following:

• application to the debtor is prohibited physical strength or threats of its use, threats of murder or causing serious harm to health;
• destruction, damage to property, as well as threats to destroy or damage property are prohibited;
• the use of methods dangerous to human life or health is prohibited;
• psychological pressure on the debtor and other persons, the use of expressions and the commission of other actions that humiliate the honor and dignity of the debtor and other persons is prohibited;
• It is prohibited to mislead the debtor regarding the legal nature, size, reasons for non-fulfillment, deadlines for fulfillment, etc. unfulfilled obligation;
• Any other unlawful harm to the debtor and other persons or abuse of right is prohibited.

And all of the listed violations are the most favorite methods of debt collectors when “interacting” with a debtor. Of particular note is an example of such “interaction” between collectors and a debtor in the city of Iskitim, Novosibirsk Region, where collectors in a perverted form raped the debtor and family members in a group. It is because of such cases that collectors are considered “criminals, extortionists and criminals,” which is often true.

The activities of the collection organization Phoenix LLC more or less comply with the law. But the problem here is the fact that this collection agency is an affiliate of JSC " Tinkoff Bank", which, as you know, is not only an absentee bank, but also registered in the offshore zone of the Virgin Islands.

We should also add a few words regarding the State Register of Collection Organizations, posted on the website of the FSSP of Russia and the rights of collectors to carry out debt collection activities. The right to carry out activities to repay overdue debts arises from the moment of entry into such a register and is lost from the moment of exclusion from it. Bailiffs supervise the activities of collectors in repaying overdue debts.

A banking license is required for collectors

Since mid-May 2019, a number of changes have been made by the Determination of the Judicial Collegium for Civil Cases of the Supreme Court of the Russian Federation dated May 14, 2019 No. 67-KG19-2. Initially, the defendant in the case took out a bank loan. After the debt was formed, the right of claim was assigned to one of the collection organizations. Then it was transferred along the chain to other collectors from one organization to another. The last collection organization to which the debt was transferred went to court with statement of claim about debt collection. The case was heard in one of the courts of the Cherepanovsky district of the Novosibirsk region. The first instance satisfied the collectors' demands. The appellate instance, which was the Novosibirsk Regional Court, agreed with this. But the defendant did not agree, and ultimately appealed, after appealing in the first cassation instance, to the Judicial Collegium for Civil Cases of the Supreme Court of the Russian Federation. The Judicial Collegium for Civil Cases of the Supreme Court of the Russian Federation agreed with the arguments of the debtor, who is the defendant in the case, the appellant and the cassator, and sent the case for a new trial to the appellate court.

The arguments that guided the Supreme Court of the Russian Federation are as follows::

• According to Art. 382 of the Civil Code of the Russian Federation, the assignment of the right to claim a debt by a bank can be transferred to another person, even without the consent of the debtor; unless otherwise provided by law or contract;
• According to paragraph 51 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated June 28, 2012 No. 57 “On the consideration by courts of civil cases in disputes on the protection of consumer rights”, it is clarified that the Law on the Protection of Consumer Rights does not provide for the right of a bank, other credit organization transfer the right of claim under a loan agreement with a consumer ( an individual) other persons who do not have a license to carry out banking activities, unless otherwise provided by law or an agreement containing this condition, which was agreed upon between the parties. In other words, in the loan agreement, the condition on the possibility of assigning the right of claim under the loan agreement in the event of the formation of debt under it must be clearly expressed. If this condition is not clearly expressed, then, according to the meaning of the above-mentioned Determination dated May 14, 2019, this is a reason to challenge the assignment agreement.
• If in the loan agreement the condition for the transfer of debt is agreed upon, based on the above requirements, then such transfer of debt to third parties under the loan agreement is not excluded.

Based on the above, it should be concluded that collectors are required to have a banking license to carry out their activities. In case of failure to comply with this requirement, the activities of the collection organization are illegal and are subject to forced liquidation as a legal entity.

The second conclusion is that, even if the condition on the possibility of assigning the right of claim to third parties is clearly expressed in the loan agreement and agreed upon between the parties to such an agreement, the collection organization still needs to have a banking license.

This conclusion is based on the following:

• This condition is not clearly expressed in all loan agreements, and in others it is simply absent;
• The fact that the Judicial Collegium for Civil Cases of the Supreme Court of the Russian Federation indicated that when agreeing on the assignment of the right of claim in a loan agreement, such transfer of debt “is not excluded” does not mean that the debt can be guaranteed to be sold to a collection organization.

Thus, a banking license for collection organizations is mandatory. It is this rule that should be followed until the end of the retrial of the case, which has the prospect of again reaching the Supreme Court of the Russian Federation.

In the meantime, the courts are again considering the existing dispute, it makes sense for persons to whom collection organizations or microfinance organizations have made relevant demands, guided by the listed legislative acts and judicial decisions of the Supreme Court of the Russian Federation, to legally challenge the claims made by the above organizations, including on the basis their lack of a banking license to carry out debt collection activities, as loan agreements, and under loan agreements taken from microfinance and microcredit companies.

Moreover, information about who has what loans is a banking secret. And this should not be forgotten by either banks, collection organizations, or borrowers.