National collectors Association (NAPCA) has sent a letter to the government (have) to expedite the appointment of the regulator of the market and the preparation of regulations, without which it accepted 230-FZ on protection of rights of individuals when collecting debts can not earn from 1 January 2017. A letter addressed to the first Deputy Prime Minister Igor Shuvalov.
230-FZ, signed by President Vladimir Putin July 3, 2016, provides that from 1 January 2017 all collection agencies should enter into the state register. This date must be approved by the state Agency that would be responsible for maintenance of the register and oversight of market foreclosure, and developed seven regulations without which the law cannot work, writes NAPCA. Among these acts — the regulation of any debt collection agencies in the register, the order of execution of control and supervision, the form of withdrawal from interaction with the claimant, the software requirements of the collecting agencies, form and timing of reporting to the regulator, noted in a letter to Shuvalov.
In this three-month period (counted from 3 July) the adoption of the government resolution, which was to create the state body leading the register of collectors, has expired, stated in the NAPCA. The Agency had until the New year to develop missing regulations. “Given that until January 1, 2017, has less than three months, this can lead to unwillingness of the authorities to the regulation of market foreclosure and the implementation of commitments to protect the rights of citizens upon return of the overdue debt”, — stated in a letter to NAPCA.
“In delaying the adoption of necessary normative acts for the normal operation of 230-FZ I malice or conspiracy theory can’t see. Rather, it is simply a bureaucratic snafu,” said NAPCA President Alexey Savatyugin. According to him, to rectify the situation, but for this need maximum a week to issue a government decree on the Ombudsman to monitor collectors government Agency. “Although on who will do it, you know. The market regulator should act the Ministry of justice, the Federal bailiff service (FSSP) is the Supervisory authority register of collectors,” says Savatyugin. These agencies, in theory, was supposed to create the necessary draft orders and regulations, he added. If until the end of October they will all be published, then the normal operation of the law on sewers is still possible counts Savatyugin.
Preparation of the regulatory framework 230-FZ is not completed, the work requires significant time, the President said the collection Agency “Sequoia Credit consolidation” Elena Dokuchaeva. “The cost of failure is large enough — we can talk about the fate of the industry and prosperity of the financial market. Also remains the question of the regulator,” she said. According to Dokuchaeva, in this regard, it would be logical to postpone the date the law enters into force at a later date.
If the entry into force of 230-FZ will not be postponed, 100% collection market will be outlawed, because its requirements in full go on all claimants continues Savatyugin. However, he said that the market leader in a number of positions to which the work of the law is ready. “Debtors in case of postponement the formal protection of the law guaranteed will not” — he admits.
According to Savatyugin, even if 230-FZ will enter into force in time, he greatly thinned the market of debt claimants. According to him, in Russia there are from 600 to 900 professional collection agencies. To fulfill all the requirements of the new law will be able to a maximum of 100 to 150 of them, predicts Savatyugin.
The representative of the Secretariat Igor Shuvalov said that the letter NAPCA to them did not arrive yet.
Public attention to activities of collection agencies has intensified in early 2016 once in Ulyanovsk collector set fire to the house of the debtor, with the result that injured two people, including a child (collector was sentenced to 8 years in colony of General regime). After this, the deputies stepped up the drafting of a law to restrict the activities of the claimants. The head of the Federation Council Valentina Matvienko said in February that the new law will clear the market from collectors who abused their rights.
As a result 230-FZ restricts the collection activities, in particular professional debt claimants will not be able to disturb the debtors with phone calls more than once a day and often two times a week, and the calls themselves must not be provided at night (from 22 to 08 hours). Personal meetings between the collector and the debtor should not be held more than once a week. The law also prohibits collectors to hide the phone number from which they call the debtor, the same requirement applies to the e-mail address. The documents and recordings proving the communication of collectors with debtors, should be kept three years.
According to the Bank of Russia, by 1 August 2016 of overdue debts of individuals to banks amounted to 911,46 billion rubles In mid-September, the NCB reported that overdue debt more than 90 days and above 500 thousand rubles (for all types of retail loans) had almost a thousand 622 people.