Collectors are debt collectors, intermediaries between creditors and debtors. Their authority includes work on the return of debts. The income of collectors directly depends on the amount of debt collected: more debt, more income. Such direct interest forces us to constantly improve our working methods, while newly invented forms are not always correct. That is why it is worth knowing how to behave with collectors if they come to your home.
Instruction manual
1
Do not be afraid to talk to the collector. But first, ask him to introduce himself, present his passport, a power of attorney confirming his authority, and the assignment agreement (original) - the assignment of the rights to claim the debt. If he refuses to provide you with his data and other documents, just stop communicating.
2
If the collector politely introduced himself and began to state the essence of the matter, listen carefully to him. Ask questions if you have any questions. Ask the collector to present the original document, on the basis of which he requires to pay off the debt. If one is not presented, you have every right to qualify the actions of the collector as extortion.
3
If all the necessary documents have been shown to you, including the original power of attorney, do not be too lazy to determine whether the collector who came to you is authorized to perform those actions that he already performs or intends to perform. That is, compare what is written in the power of attorney with what the collector does and how. For example, he informs you that you have prepared all the household appliances, after which he will withdraw it against your debt. He certainly cannot have such powers, because inventory and seizure of property are possible only by court order and exclusively by bailiffs. Nevertheless, ask the collector to show you the item in the power of attorney, on the basis of which he presents you with such requirements. If such a clause is absent in the document (and it cannot be there by definition), you have every right to disobey, moreover, call the police or invite witnesses.
4
You will act reasonably if all communication with the collector is recorded. Use for this video and photography, voice recorder, separate functions of a mobile phone. Well, if from the very beginning your conversation will be held with witnesses. Demonstrate your knowledge of the law and your rights, stating that all records may be in the prosecutor's office. However, your statement should not be threatening. Try to stay correct, do not break into rudeness and insults.
5
Do not get lost and do not start to make excuses, let alone cry in response to pressure and rudeness. Collectors have no more rights to collect debt than other completely strangers people, because collection agencies are not law enforcement agencies. Their representatives sometimes behave so unbridled, using psychological pressure on the debtor, being confident in the legal illiteracy of the population. Often their tricks do work. That is why laws should be known.
6
If the communication initially took on a negative character, the collector threatens you, accuses you of cheating, insults or humiliates you, feel free to call the police and write a statement.
7
In no case do not put your signature on any documents. Say that first you want to show them to a lawyer.
note
You can keep the collector out of the house. The Constitution of the Russian Federation guarantees the inviolability of the home.
Useful advice
Nothing and no one can stop you from settling your relationship with a creditor without intermediary services of collectors. You can go to court and defend your constitutional rights, or you can agree with the collector on the installment plan for paying off your debt.
