On the website “E-justice” there are several legal disputes of the Bank of Russia and microfinance institutions (MFIs) Bystrodengi, in which the company is disputing the claims of the Central Bank that attempts to return the loan she made calls to the third parties mentioned in the application for the loan. According to the materials of one case, a complaint was approached by a client does not repay the loan “Bestriding”, which was opposed to from the company called by phone specified in the application by third parties who were not co-borrowers and guarantors, writes “Kommersant”.
CB felt that the actions of the “Bestriding” contrary to the provisions of the law “About microfinance performance and microfinance organizations”, which the MFI is obliged to ensure the secrecy about the operations of borrowers, and issued an instruction to eliminate the violation.
Bystrodengi did not agree with the decision of the Central Bank, stating that in their actions there was nothing illegal and the calls were made only to those numbers that were specified in the application for the loan. However, the regulator noted that the contacts at the loan repayment is permitted only with the borrower and the guarantor and fined Bystrodengi for breach of regulations on 500 thousand rbl. the Moscow Arbitration court supported the Central Bank.
Director of legal and corporate Affairs MFI Bystrodengi Aleksandra nowicka noted that the results of the micro-loan company is always received a written statement of the borrower with the phone numbers of two or three persons, by which one can find. “The idea that the written consent of borrower calls to third parties,” she said.
She noted that article 15 of the law governing the recovery of arrears of loan, there is no mention about third parties. “That is, the law does not allow interaction with third parties, but does not prohibit,” said nowicka.
However, the Central Bank defended its position in other similar controversies, says “Kommersant”.
From 1 January 2017 in Russia will come into force the law “On protection of rights and legitimate interests of individuals with the implementation of debt recovery”, according to which relatives, friends or neighbours of the debtor (unless they are guarantors) will not be prosecuted by collectors. Emails to the friends of the debtor in social networks and any interaction with anyone besides him will be banned.