Individual facts of communication with debt collectors often serve as grounds for going to court and law enforcement agencies. In this regard, it is important to know where to complain about debt collectors and how to resist their constant attacks. This is especially true for people who have not taken out loans and have no debts, but are forced to answer calls.
Who should you turn to with a complaint when debt collectors call you at work, send letters and constantly remind you about a debt that doesn’t exist?
Law enforcement agencies. When it comes to threats or other actions that call into question your safety (for example, punctured tires), you can complain about. The application should be written to the prosecutor. Upon request, a prosecutor's investigation will be carried out, the results of which will be notified to the applicant.
FSSP. The Federal Bailiff Service monitors the activities of debt collectors. You can call the FSSP on the regional department's hotline and leave a complaint about the collectors. The law is working successfully; negligent collectors who violate its norms are fined. To do this, a printout is enough, from which the number of calls follows.
Complaints against debt collectors are a common phenomenon that arose due to the lack of legal regulation in this area. Only in June 2017 was a law regulating collection activities adopted. Now, knowing where you can and how to write complaints correctly, you can defend your rights.
Citizens can complain against a collection agency or bank representatives for violating Russian law by disclosing bank, personal or family secrets, and making phone calls at inappropriate times.
Let's look at examples of statements to various authorities on these issues - and tell you how to draw up and write them correctly, from a legal point of view.
How to correctly fill out an application to law enforcement agencies, the Police, the Bank, Roskomnadzor, Rospotrebnadzor?
Any written appeal must comply with the requirements set by one or another body.
Let us outline the basic requirements for documents - applications and complaints that are to be filed against collectors or bank employees:
- The document must be drawn up on an A4 sheet.
- It can be submitted in printed or handwritten form.
- The appeal should not be written in continuous text. Divide it into paragraphs.
- Visually divide the text into 3 parts.
- You must have an introduction, usually this is a “header” and the title of the document.
- Place the “header” on the upper right side of the sheet, and the title after it in the middle, with a capital letter.
- After the introduction, the main part will follow, in which you will talk about the current situation.
- And then - the conclusion. It includes requirements, requests, a list of documentation, date and signature.
- The text should not contain corrections or blots.
- Avoid grammatical and stylistic errors.
The information provided in the complaint-application must be reliable and truthful.
We list what data must be included in the document:
- Full name of the head of the authority to which you are submitting your application.
- Name of organs.
- Applicant's initials.
- Registration and residence address of the citizen who is filing the complaint, his contact information.
- Document's name. This could be a complaint, statement, appeal. Please note that a complaint is processed faster than an appeal, to which some authorities have the right not to respond at all.
- Circumstances or actions that violate the legal rights and interests of the applicant.
- By whom the rights were violated, on what days, at what time.
- Did you have a conversation with representatives of a collection agency or bank about excluding you from the debtor database? How did you try to resolve the issue yourself?
- Full name of the witnesses in whose presence the offense was committed.
- Links to laws, articles and acts that were violated by collectors or bank employees.
- Requirements and requests regarding proceedings, inspections of organizations in this situation and reporting to the applicant about the results.
- A list of materials, applications, documents confirming the factual circumstances that the applicant outlined in the complaint-application.
Try to write in detail, in detail.
If you have records of telephone conversations or correspondence with debt collectors, then you can even attach them to the application to prove that you are right and that the violation was committed.
Advice from lawyers regarding filing complaints and applications to various authorities and authorities:
- The Prosecutor's Office and the Police will help you deal with negligent collectors, for example, if they not only violated your rights verbally, but also threatened you with physical harm, forced you to enter into dubious transactions, extorted money from you, or tried to damage your property. There can be many reasons for requests. Do not hesitate to write everything in your complaint in your own words, as it really was and is. But, try to avoid offensive and obscene expressions that were said in your direction.
- You can file a complaint with the bank if employees of this bank call you about someone else’s debt. In your application, you can ask your superiors to look into the fact of violations by employees and propose to exclude your phone number from the debtors’ database.
- You can file a complaint with Roskomnadzor against the collection service so that its activities can be checked, especially if the organization does not have a license.
- You can send a complaint to Rospotrebnadzor when your interests are violated at the verbal level. For example, if you are forced to repay someone else's debt.
The authorities consider requests quickly.
Form and examples of applications, complaints against collectors and the bank regarding someone else’s debt and constant calls
Here are examples of ready-made complaint forms that you can use to file your appeal.
1. General application form
The document can be sent to any authority by entering the necessary information.
2. Sample application to the Police against debt collectors for fraud, extortion, hooliganism
Sample application to the Police against debt collectors it's free
3. Sample application to the Prosecutor’s Office or law enforcement agencies against collectors in case of constant calls, threats, extortion, disclosure of bank secrets and personal data
Sample application to the Prosecutor's Office of the Russian Federation regarding the actions of debt collectors it's free
4. Sample application to Rospotrebnadzor regarding the actions of the bank and debt collectors
Ready-made application form to Rosportebnadzor for actions of the bank and debt collectors it's free
The document looks like this:
5. Application form to a banking organization to remove a phone number from the database and stop calls regarding someone else’s debt
As practice shows, in order to get rid of collectors, you need to act comprehensively and cooperate with different authorities.
Material publication date: 02/06/2019
Last update: 06/12/2019
We tell you how to draw up and submit a complaint against unlawful actions of debt collectors in 2019.
Law on collectors: main provisions
What are debt collectors entitled to? In 2016, Russia passed a law requiring correct communication with debtors. Let's look at the main provisions of this law:
- Collectors cannot interact with the debtor using personal meetings or telephone conversations if the defaulter is officially declared bankrupt or is a disabled person of the first group;
- Any interaction with the debtor must be carried out in Russian;
- Direct communication with the debtor is allowed only on weekdays, from 8 am to 10 pm;
- Personal meetings are allowed once a week, telephone calls - no more than eight times a month;
- At the beginning of each case of direct interaction at the initiative of the collector, the debtor must be provided with information about the creditor, as well as the person acting on his behalf and (or) in his interests:
- Collectors are prohibited from using physical force against the debtor and other persons;
- The threat of physical force is also prohibited by law;
- In addition, destruction or damage to the property of the defaulter or third parties is not allowed;
- Collectors are obliged to compensate for losses and moral damage caused by their unlawful actions to the debtor and other persons;
- Interaction of collectors with third parties (for example, with relatives, neighbors, friends or colleagues of the debtor) is possible only with the consent of the debtor;
- In this case, the debtor has the right to withdraw such consent at any time;
- Another important point is that collectors cannot transfer to third parties any personal data of the defaulter (including information about overdue debts).
In what cases can you complain about debt collectors in 2019?
Are debt collectors violating your rights? Feel free to file a complaint with the appropriate authority.
Today, any unlawful actions of debt collectors can become the basis for a complaint. For example:
- Collectors threaten to kill you;
- Collectors have painted your entrance;
- Collectors come to your place of work;
- Collectors call your family members, etc.
How to write a complaint against debt collectors in 2019?
A typical complaint about unlawful actions of debt collectors includes the following points:
- The name of the authority to which the debtor’s appeal is submitted;
- Applicant details (full name, place of residence, telephone number);
- Information about the creditor and collection organization;
- Description of the situation;
- Your requirements (for example, to check the legality of the collection organization’s activities);
- List of attached documents (you have the right to use any documents that can support your arguments);
- Date of filing the complaint.
Sample complaint against debt collectors in 2019
5/5 (3)Samples of complaints against debt collectors to the Prosecutor's Office and Roskomnadzor
ATTENTION! Look at the completed sample complaint to Roskomnadzor against debt collectors:
You can DOWNLOAD samples of complaints against debt collectors to the Prosecutor's Office and Roskomnadzor using the links below:
Appeal to the Prosecutor's Office
To terminate the actions of collection agencies, the first thing you need to do is submit to the credit institution or other creditor to whom you owe a debt an application to revoke permission to use your personal data.
Such a statement indicates the debtor's right to protection. After receiving this request, the bank must withdraw the debt case from the collection agency.
If the collection agency continues its activities, you should file a complaint with the prosecutor's office. If debt collectors have threatened you or your loved ones with death or violence, then this fact must be indicated in the appeal. The prosecutor's office has broad powers to punish violators of borrowers' rights.
Elements of the complaint:
- in the upper right corner the full name of the authority and its address are indicated;
- Full name of the applicant;
- title of the document “Application”;
- terms of the loan agreement;
- at what point did you start receiving calls from collectors;
- which collectors performed the actions;
- legal assessment of work methods;
- references to legislation;
- please compare the actions of debt collectors with the law;
- list of applications;
- applicant's signature and date.
It is necessary to clearly state the actions of collectors and their sequence. When describing, highlight facts of violations of the law, referring to regulations. A complaint to the prosecutor's office must contain a demanding part and a request to notify the applicant about the results of the consideration.
Important! All documents that can serve as evidence are attached to the application in the form of attachments. Based on the results of the inspection, if violations of the law are detected, the prosecutor's office will go to court.
Having received a response from the prosecutor's office, the debtor can continue to protect his rights in court if he is not satisfied with the decision of the supervisory authority.
Roskomnadzor guards personal information
The Law “On the Protection of Personal Data” prohibits the transfer of information about a person to third parties without his consent. Collectors who make calls to neighbors and colleagues and inform them about your debt, its volume and other data are directly violating the law.
Credit organizations, even after revocation of personal data, often refer debtors’ cases to collectors.
You know!
If, after withdrawing your data, you continue to be harassed by calls from collectors, you have the right to contact Roskomnadzor.
The reason for the appeal will be a violation by the credit institution of the procedure for using and storing personal data of its clients and an encroachment on the privacy of personal life.
The use of telephone numbers and other contact information of the debtor by debt collectors is punishable. An application to Roskomnadzor can be submitted online on the website or during a personal visit to the department.
- The complaint states:
- information about the applicant;
- contact details of the debtor;
- subject of the appeal – personal data;
presentation of the problem situation.
A complete list of what the appeal must contain is on the website of the supervisory agency.
Within 30 calendar days, Roskomnadzor employees consider the application. Based on the results of the review, the complainant will receive a response to the email specified in the appeal.
If the agency establishes violations of citizens' rights in the actions of collection agencies, it may impose an administrative fine and order the violations to be eliminated.
If Roskomnadzor refuses to satisfy the complaint, the applicant has the right to appeal to the courts to protect his rights.
Before going to court, debtors make attempts to reach an agreement with creditors. But they are rarely successful, since collectors receive a monetary reward for “extorting” the amount of debt from the debtor. To do this, they can take a variety of measures: from threats to physical violence.
Who are collectors
Credit organizations and private borrowers may transfer cases of collecting funds from debtors to special persons or organizations. This happens when the creditor cannot independently obtain money from the debtor in payment of the debt.
Who carries out debt collection at a professional level, and what means and methods are used?
At the state level, debt collection is carried out by the Federal Bailiff Service, but creditors cannot contact them directly. A court decision is required to initiate enforcement proceedings. Therefore, banks turn to private organizations. These entities are called collectors or collection agencies.
Of course, debts must be repaid. But even if the bank’s claims are justified, and the collectors act with its permission, this does not give them any right to violate the law and use illegal collection methods.
Watch the video. Advice from a lawyer on how to complain about debt collectors:
What a collector cannot do according to the law
Collectors do not have the right to:
- disclosure of information about debt without the consent of the debtor (in writing);
- making calls and visits at night from 22:00 to 8:00 on weekdays and from 20:00 to 8:00 on weekends;
- writing emails more than 2 times a day and more than 16 times in 7 days;
- scheduling personal meetings, visits more than once a calendar month. Making calls more than once a day;
- contacting the debtor without providing your contact information and information about the debt;
- communication with persons under 18 years of age or deprived of legal capacity;
- committing acts of violence;
- insult to the personality and dignity of the debtor;
- damage to property;
- restriction of free will and movement.
Below we will study the issue of personal data protection in more detail. This is the area of activity of Roskomnadzor.
Attention! Our qualified lawyers will assist you free of charge and around the clock on any issues.
Grounds for application
The response to threats and insults from debt collectors must follow immediately. You can seek help from a number of authorities, but for this there must be compelling reasons and evidence.
The basis for the complaint is illegal actions on the part of the collectors:
- physical and psychological violence or the threat of it against the debtor or his relatives;
- insult and humiliation of the debtor's dignity. Distribution of materials discrediting his honor.
- causing physical damage to the borrower’s property or taking this property without the person’s consent;
- transfer of personal information about the debtor, data on his debt;
- accrual of interest and penalties on the principal amount not regulated by the loan agreement;
- violation of the debtor’s personal space by calls at night;
- communication on debt collection issues with persons under 18 years of age or deprived of legal capacity;
If the activities of collectors are clearly unlawful, and there are suspicions that they are acting without the sanction of a credit institution, it makes sense to contact the bank.
If collectors cannot provide documentary evidence that they are acting in accordance with an agreement with the creditor bank, this may serve as confirmation of their illegal activities and violation of Russian legislation.
