What to do if debt collectors bought the debt from the bank - Paritet
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What to do if debt collectors bought the debt from the bank

What to do if debt collectors bought the debt from the bank

In accordance with the legislation of the Russian Federation (Civil Code of the Russian Federation (Article 382–390), Federal Law No. 395-1 (Article 33), Federal Law No. 230-ФЗ.), any debt may be transferred by a creditor to a third party, regardless of whether the borrower is a legal or natural person.

The debt can be transferred to third parties without a court decision and even without obtaining consent from the borrower himself, the main thing is that the right to transfer to third parties is recorded in the loan agreement. If there is no such clause in the contract, then the sale of the debt may be declared invalid by the court.

Having delays in payments, the creditor may consider the debt hopeless. In such a situation, he is likely to decide to sell the debt to collectors. The transfer of debt to third parties is fixed by an assignment agreement. From the moment the cession agreement is concluded, the borrower becomes indebted to collectors and they have the right to go to court to repay the debt.

If the claims of the claimants are legitimate, and their actions do not go beyond the law, then the court will oblige you to pay off the debt. If there is nothing to pay, then expect the arrest of property and accounts.

Quite often, collectors go to meet borrowers and provide a discount of 3-10% on debt repayment. Therefore, if you have financial difficulties, you can always try to negotiate.

The actions of collectors are regulated by law.

As part of the recovery of delay, they have the right to:

  • call the debtor at the time specified by law;
    · send SMS and emails;
  • arrange a personal meeting.

Collectors are not entitled to enter the premises, seize, seize or describe the property of the debtor. They are also prohibited from exerting psychological pressure on the debtor, using expressions and performing actions that degrade his honor and dignity, as well as disclose his personal data. For this, administrative responsibility is provided.

If you are faced with a violation of your rights by collectors, you need to seek the protection of your rights with a lawyer. Law Firm “PARITET” provides a full range of legal services for legal entities. With us you are in good hands.

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