The debtor is given a right to refuse to communicate with collectors


I suggest the authors of the law

The draft law “On protection of rights and legitimate interests of individuals with the implementation of the debt collection” (collectors) Matvienko and Naryshkin will submit to the Duma in the coming days, possibly on Wednesday, 17 February, said a source in the Federation Council and was confirmed by a source in the state Duma. Last week, Matviyenko spoke about the finalization of the bill and that the country needs a law, rigidly “regulate the activities of these organizations and not allowing them to cross the border”.

“The adoption rate of the initiative is very high, — said the interlocutor of the parliamentary faction “United Russia”. — Naryshkin is not an ordinary MP, he does not put signature on the bills will not be accepted”. Consider also his colleague in the faction and a source in the financial market Committee of state Duma.

I have the basic provisions of the bill, the authenticity of which was confirmed by sources in the state Duma and the Federation Council.

According to the document, the debtor will be entitled to withdraw from interaction with the collector or creditor or to determine its representative. Collectors can call your borrowers more than twice a week, and to meet with them — more than once a week. Communication between collectors and debtors is prohibited on weekends from 9.00 to 20.00, on weekdays — from 22.00 to 8.00.

Banks will be able to transfer the collectors of personal data of the borrowers without their personal consent, recorded in a separate document. Until now I had just put a “tick” in the relevant paragraph of the credit agreement. The authority, which will regulate the collection activities, the authors of the bill charge to determine the government. Very small collection companies, if the project enters into force, the market will not remain: the authorized capital collection Agency must be at least 10 million rubles.

Responsible bankers and collectors

The President of a major collection company “Sequoia credit consolidation” Elena Dokuchaev believes that the bill should be balanced and take into account the interests of all parties. So, in her opinion, limiting the number of contacts with the debtor, but also the possibility of full refusal of interaction with collectors, not only seriously complicate and slow down the foreclosure process and significantly increase the amount of the overdue debts.

Vice-President of Association of regional banks of Russia (Arbre) Oleg Ivanov said that this law is populist and “beats” not only collectors but to the banks. Debt situation in retail banking is not straightforward: according to the Central Bank, from 1 January 2015 to 1 February 2016 the delay in the total portfolio of credits to individuals increased by 32%, to worth 882.3 billion rubles, Ivanov says that the project “has” also to the bailiffs: “The amount that is now collected in the pretrial order, will go to trial. Will be inundated the courts, and then it all comes to the bailiffs. The estimated 5-7 million debtors.”

The bill collectors were prepared about ten years, there were a few different versions, some of them introduced in the state Duma. Attention to the collection market in November 2014 turned Russian President Vladimir Putin. Speaking at the forum of the Russian popular front, he said, “when debt collection agencies resort to illegal methods of tapping out of the money”, must intervene by law enforcement agencies.

27 January 2015 became aware of the burning of the house in Ulyanovsk. As a result the hospital was two-year-old child. The interior Ministry reported that an unknown male has thrown in a window a bottle with flammable liquid. Later on suspicion of crime it was detained 44-the summer collector Dmitry Ermilov, who was accused of the attempted murder of two persons and then arrested.

The next day, Matviyenko said that the activities of collection agencies need to be suspended: “due To the increasing cases of lawlessness on the part of collectors it is necessary to suspend the activities of collection agencies before adopting a law that would strictly regulate their work,” she said.