What should be the respectable collectors? How to protect yourself from illegal
Action? What collectors can be useful? Once learned Prostobank.ua
changes in August 2009, tax law, which concerns
selling banks' portfolios of debt collectors, the market for such transactions, substantially
activated. According to estimates of the "European Agency for Debt Recovery"
for the last 4-5 months the banks have sold about 1, 7 bln. Collecting
(Financial or factoring) companies. This means that borrowers who
stopped paying on loans, now have to deal with collectors
much more frequently than before. In this case the peak demand collection services
in February 2010, about fifty companies on the Ukrainian market positioning
a collector of them little more than a dozen large companies, others
- Very small. And as the first and second can be used to collect
Debt is not "respectable" methods. Collector collector of discord "Good
collector - someone who can persuade the borrower to repay unfair
arrears in full or in part in the shortest period of time
acting within the law - says Andreas Marneris, Director
Management of accounts receivable Universal Bank. - A good collector
- It is also a consultant that can assess the real financial position
borrower and suggest the best solution. " However, many banks are aware
that if the collectors to whom he addressed, would force the borrower's "power" to pay
debt, it can not affect the image and reputation of the institution. None
However, in practice, "humanely" is not always obtained. "Collector
business involves carrying out a systematic and effective work aimed
on debt collection. Unfortunately, some market participants are sometimes overlooked,
that the business should be exclusively in the legal field, and
principle "in war all means are good" is not allowed in the settlement of such
issues, "- explains the current problems Vuyko Alex, Deputy
Director of the Department to work with troubled assets of individuals VAB
Bank. Often in this situation, "blame" lack of experience of companies,
those for the control of its own employees. "Today, many
collection companies have experienced management and sufficient funding,
which entails the construction of low-quality processes and poor control
These processes, "- adds Samoilyk Roman, head of kollekshen
Platinum Bank. Existing problem in the area of ​​debt recovery support
and representatives of reputable collection agencies - fortunately, with forecasts
situation changes for the better. "Like any other business, the market
collection services, there are companies that use unauthorized
how to work with debtors. As a rule, small companies are one-day
which is a rapid return to duty by any means, but not
ensuring long-term relationships with our clients, borrowers and the lack of
image risks - explains Vyacheslav Golub, director of "comprehensive Agency
business protection "Delta M". - Practical experience tells us that even those
companies that have earned the trust of banks, but because of the crisis is used
unauthorized actions on the Debtors, are losing customers
position and begin to leave the market. Until the end of this year, according to our forecasts,
4-5 collection company that now call themselves professionals,
simply be forced to withdraw from the market. " And while "natural selection" of collectors
not completed, debtors affected by the action dishonerable "gray"
collectors must be able to defend themselves. Reference Point Integrity
The main collectors and, in fact, the only rule of all good
collectors - the action in the legal field of Ukraine. Although individual
Act on the activities of this kind is not regulating this sphere Constitution
Civil and Commercial Codes and Laws "On Business Companies"
and "On the housing and communal services." Also regulate the activity of collectors
internal regulations of the company - often are similar, but there are differences. Themselves
representatives of the reservoir are the following possible irregularities in the
debtors with certain operating companies in the market: * phone calls
or visit during the holiday (officially considered as such after hours 22.00
and up to 7.00) * life-threatening, health, property of the debtor or his or her
family (including the use of profanity) * deliberate overstatement
amount of debt * disorderly conduct * the application of measures
that threaten the honor, dignity, reputation and other non-property
Rights of the debtor; * dissemination of confidential information about the borrower.
Thus collectors must still convince you to repay the debt. "Representatives
collection companies in the process of communicating with the debtor is entitled and obliged to
inform him of the possible legal consequences of non-payment of debt, namely:
transfer the case to court and forced recovery of the debt by selling assets
across the state (private) executive service ", - says Alexander
Ilchuk, director of the "European Agency for Debt Recovery." To put
Ukrainian collectors work in the framework of possible actions and determine
invalid, there are codes of ethics collectors. There are two existing
All-Ukrainian scale of the Code, developed by associations of collectors:
Collecting Business Association of Ukraine (ACBU), which includes
six Ukrainian companies, and the Independent Association of Ukrainian Collector
Agencies (Science), representing nine companies. Code can be found the last
online access to the site of the organization. In addition, there are codes of ethics
and at the level of individual companies, which developed its own (for example,
Code of Ethics can serve as a comprehensive business protection agency "Delta
M "). These documents clearly written out, which is unacceptable when dealing with debtors.
For example, the Code of Ethics of Science requires collectors of such representatives
services, among other things: * point to all outgoing messages full address,
phone and email * keep confidential information about the debtor;
* To process all incoming complaints for a specific procedure for debtors;
* Do not use the recovery procedures that might offend the honor and dignity
the debtor, * unless there are specific instructions and there are objective reasons why
debtor can not pay your debt at once - to accept the proposals of debtors to repay
debt payments by individual * no hint either in writing or orally
to criminal prosecution or civil action, unless there are legal
grounds; * encourage debtors with financial difficulties to inform
family members about their difficulties to avoid conflict situations. Examples
internal code of ethics of a company-collectors are: flat *
ban threats to life, health, property of the debtor and his family duty *
employees to provide only truthful information about the company's name,
the timing and amount of debt, to avoid any actions that may deceive
the debtor (including a ban to the Executive Body) *
Finally, the company with each employee having access to information
binding agreements on confidentiality. The output of the above
next. If the overdue loan borrower "work" with the release of
these ethical framework, it can be either official authority
companies that violate the law and corporate law (which is unlikely,
after all, a professional collection companies value their reputation),
or - the representative of the company dishonerable collector. "The specifics of the collector
activity is in strict accordance with current legislation.
If the debtor applies "unethical practices" that can be safely talk
that it works "black collector." In this case, the debtor has
right and should seek legal assistance to protect their rights, "
- Alexander recommends Ilchuk. How to protect yourself faced with dishonerable
Many collectors association collection companies have developed their
methods by debtors who have suffered from illegal actions. Thus SCIENCE
accepts complaints online collection companies that behave
inappropriately. At the same time to the letter to make all copies of correspondence
and documents that are relevant to the complaint, indicate how the employee
the company has violated the Code of Science, and bring all the dates and names of employees.
Other collectors association - ACBU - organized around the clock "hot
line "for debtors, where victims can call - 044-590-04-37, and
regularly reviews the information. In addition to the above-mentioned possibilities
complain association of collectors, the spectrum of command, which can be
contact in case of infringement of rights is quite broad. "If the borrower is aware
collector that violates his rights, uses prohibited methods of exposure
or threatens to use, it can resort to the same methods that
used to protect against encroachment by any other physical
or legal persons, in particular, refer to his employer (the collector
company), the lending bank, the police, courts and other authorities'
- Advises Vyacheslav Golub, director of the "comprehensive protection of the Agency Business
"Delta M". For the borrower, which the collector communicates within the law,
but who can not repay the debt, too, there is a solution - you can try to break
payment on the part. As a rule, the majority of exacting debts
agree to such an option, but have their own conditions of such restructuring.
For example, one company agrees to break-collectors pay for 12
months, but the prerequisite is a preliminary settlement of
5% to 50% of the debt. "The main objective of the reservoir - to help the debtor
deal with the situation and convinced that the debt should be
repay. If the debtor has financial difficulties, and he is not ready to pay
payable immediately, the company's specialists offer him restructure
debt. In fact, the work of the collector is correlated with the work of financial and legal
adviser ", - says Alexander Ilchuk, director of" European Environment Agency
Recovery of bad debts. " Seek the services of a collector yourself ... It so happened
the collectors for the Ukrainians are associated mainly with overdue
bank loans. At the same time, few people know that some reservoir
Services may recover debts and for individuals - including debts and other
natural persons. It is, of course, not the debts of "parole" or under
receipt, not notarized, which can not be evidence
in court - but such debt is not backed by any legal basis,
overwhelming majority. And the company's collectors are not always interested
in such cooperation even if there is documentary evidence
debt - because the cost of debt collection and legal costs
may be much greater than the commission that the collectors may get
for services. However, if an appeal to collectors makes sense, then before
than enter into a contract, make sure that the company will work with you
at the appropriate level. "A company dedicated to repayment of debt, obligation,
at least inform the client of the methods and procedural order of repayment,
- Explains Vyacheslav Golub, director of the "comprehensive protection of the Agency Business
"Delta M". - Besides, it must inform the client of his legal
Rights; clearly define the payment scheme for their services (a percentage of the refund
or a fixed amount for services) and government fees
at trial, as well as on an ongoing basis to inform the client
on the case. "

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