Rules for communicating with a collector
Each of us, unfortunately, may find ourselves in a situation where collection agencies start calling and demanding payment of debts. But do not panic and lose control of the situation. In this article, we will tell you how to properly communicate with collectors and what laws will help protect yourself from their illegal actions.
The first rule of communication with collectors is to remain calm and do not succumb to provocations. Collectors may use various methods of pressure, such as threats, insults, blackmail, etc. But remember that you have the right to protect your interests and no one has the right to violate your dignity. Record your conversation or keep the original letters, they will be needed in court.
The second rule - check the legitimacy of the requirements of the collectors. Collectors may demand payment of debt, but they must have a legal basis for this. Check the documents and make sure that you have a valid debt to the creditor. If you are not sure about the legitimacy of the claims of collectors, seek legal advice.
The third rule is to communicate with collectors only in writing. In accordance with the Federal Law "On Protection of Consumer Rights", collectors are required to provide information about the debt only in writing. If debt collectors keep calling you and demanding payment of the debt, write them a formal letter demanding that they stop illegal activities. If you decide to communicate with the collector in writing, then follow a few simple rules:
- write a letter on paper or e-mail. In the letter, indicate your personal data, contract number and the amount of the debt;
- indicate the reason why you cannot pay the debt in full. For example, you lost your job or faced financial difficulties;
- if you have doubts about the legitimacy of the requirements of collectors, then be sure to clarify this issue;
- remind collectors of their rights. Indicate that you know your rights and will not allow them to be violated;
- be sure to keep a copy of the letter for further protection of your interests.
The fourth rule - do not allow violation of your rights. If collectors violate your rights, such as calling at inappropriate times or using rude language, you have the right to go to court or Rospotrebnadzor. Federal Law No. 230 "On Collection Activities" establishes strict requirements for collectors and provides for liability for violation of the law. We advise you to familiarize yourself with it, for productive communication with collectors, it defines:
- the concept of collection activity and its legal regulation;
- requirements for persons engaged in collection activities;
- restriction of the rights of collectors to use certain methods of debt collection;
- the rights to protect debtors from illegal actions of collectors;
- the procedure for liability for violation of the law on collection activities.
The fifth recommendation - do not pay money without documentary evidence. If you decide to pay the debt, demand from the collectors an official document on payment. Never transfer money through intermediaries. The receipt must contain the following data: the date of payment, the amount of debt, the name of the creditor and debtor, as well as the signature of the collector. Before signing the receipt, carefully read it and make sure that all the data is correct, if you are not sure about the reliability of the collector, it is better to contact a lawyer or consumer protection specialist to help in its execution or verify its correctness. Keep the receipt in a safe place, as it may come in handy in case of disputes with a creditor or a collector.
In conclusion, dealing with debt collectors can be frustrating, but remember that you have rights and interests that you can protect. Follow the law and do not succumb to the provocations of collectors. In the event of a violation of your rights, seek the assistance of a lawyer or state consumer protection authorities.
I would also like to add a few federal laws that can protect your rights:
- Federal Law No. 151-FZ dated July 2, 2010 "On the Fundamentals of Collecting Debts of Individuals";
- Federal Law No. 127-FZ of October 26, 2002 "On Insolvency (Bankruptcy)";
- Federal Law No. 14-FZ dated January 8, 1998 "On Consumer Protection";
- Civil Code of the Russian Federation (Articles 309-312).