What is the Department of Pre-trial Collection? Pre-trial collection service

What to expect at the pre-trial collection stage. This stage will definitely happen. Don't think that the bank will forget about you.
So, the main stages of pre-trial collection.
1. First, the bank tries to collect it itself.
2. Then transfers it to a collection agency, usually for 3-6 months.
3. If the agency was unable to collect, transfers it to the second agency, then to the third, etc.
4. If, after the work of several CAs, the debt is not collected, the Bank chooses several directions:
a) Offers debt restructuring to the debtor;
b) Offers the debtor forgiveness of all penalties and fines, subject to full repayment of the remaining debt;

c) Forgiveness + restructuring;
d) Collection of the entire debt (with penalties and fines) through the court;
e) Sale of debt (with penalties and fines) to a collection agency.
Let's take a closer look at these stages.

At the moment when you have just fallen into arrears, the Bank gently begins to remind you that you are overdue for your monthly payment and asks you to repay it as soon as possible. The longer the delay, the more persistent and stringent the Bank’s requirements become. As a rule, in the early stages of delinquency (1-60 days), the bank collects debts on its own, and starting from the 61st day, transfers the debt to collectors for collection. There are exceptions when the bank transfers the case to the CA after the thirtieth day, or vice versa after the 180th, but we will not focus on details, but will concentrate on the most common schemes of the debt collection system.
Typically, the debt is transferred to a collection agency for 3-6 months. If during this time the debt could not be collected, or the debt was not fully collected, then it is transferred to another CA, then to a third, and so on, until the bank decides to use the tactics described in paragraphs a, b, c ,d,e.
What collection tools do Banks use to collect debt:
– SMS notification
– calls to home, mobile, work (including calls to friends and relatives if their phones are found).
-voice notifications (auto-informer)
-letters
-departure of a collection officer directly from the bank itself to your home or work;
- transfer of debt to collection agencies that use the same tools.
As we wrote earlier, the list of events depends on the period of delay. The higher the term, the stricter the methods. Despite the fact that both bank collectors and collectors working in KA and MFOs use the same tools, the bank is controlled by an organization such as the Central Bank of the Russian Federation, and therefore take fewer liberties in communicating with the debtor than KA and MFOs.
Who are Collection Agencies?
A collection agency is a company that specializes in debt collection. In most cases, the agency is engaged in the recovery of debts to banks of both individuals and legal entities. It can completely buy out the loan portfolio from the bank, that is, enter into an assignment agreement with it, or collect the debt under an agency scheme, in other words, on behalf of the credit institution.
As a rule, KA are independent legal entities and are connected with the bank only by contractual relations. But there are also CAs that are created by the banks themselves. For example, Asset Business Collection is a structure of Sberbank, Sentinel Credit Management belongs to Alfa-Bank.
What is an Agency Agreement?
This is an agreement concluded between a bank and a collection agency, which does not imply the sale of a debt, but its transfer to a collection agency for some time, usually 3-6 months, for collection by the agency.
The agency agreement states that if the agency collects the debt (in whole or in part), the bank pays it an agency fee. The size of this remuneration varies and depends on many indicators, such as the period of overdue debt at the time of transfer to the debt collector, the collection efficiency of the collection agency, i.e. the amount of money collected in relation to the amount of the transferred debt, etc. But on average, the reward is 23-25% of the amount collected. There is no need to worry that the cost of CA services will increase your debt; these costs will fall solely on the bank.
What is an assignment agreement?
This is an agreement concluded between the bank and the collection agency in accordance with Article 382 of the Civil Code of the Russian Federation, according to which the bank completely sells the debt to the agency with the transfer of the right to claim the debt. Those. after such a sale, KA becomes your new creditor, now you owe money not to the bank but to the collection agency, the bank no longer has anything to do with this debt, and even if you go to repay your debt to the bank, it will transfer it to the agency that bought your debt.
The bank sells debts not one at a time, but thousands of debtors at once. Sometimes even hundreds of thousands.
At what cost do CAs buy out debts under assignment?
The price depends on many factors, such as: overdue period, type of loan, average amount of debt, presence or absence of a court decision, writ of execution, etc. If earlier (2008-2013) banks sold debts to collectors for 10-12% of the total amount of debt, now people have become poorer, debts have become more difficult to collect. Due to the economic situation in the country, loans for legal entities have become more expensive and it has become unprofitable for collectors to buy debts on assignment. But banks also don’t want to keep bad assets on their balance sheets so as not to spoil their financial statements, so they are ready to sell debts for mere pennies. So in 2016, the maximum value of debts under the assignment does not exceed 1.5% of the total debt.
You ask: -Why don’t I pay the bank myself, say, 2% of my entire debt, provided that the bank forgives me everything else?
Answer:
Firstly, if the bank forgives debts without selling them on its balance sheet, they will have tax consequences, and for you, by the way, too.
Well, secondly, if the bank introduces such a vicious practice on a permanent basis, then all borrowers will abruptly stop paying and will wait for the bank to offer them to pay off their debt for 2%.
Although, it must be admitted that in 2015-2016, MTS Bank practiced petitioning up to 90% of the debt on its balance sheet. And Credit Europe Bank offers its hopeless debtors the following scheme:
The debtor himself looks for the assignee, i.e. a person who will buy his debt from the bank. Perhaps it will be your friend or close relative, to whom you yourself will give money to purchase your debt. Of course, in such a situation, the bank sells this debt not for 2%, but for more. But as a result of this transaction, the bank loses the right to claim the debt from you and transfers it to a new creditor - your friend (assignee). And along with the right of claim, all original documents, such as a loan agreement, original PTS, etc.
The main thing is to then take these documents from your friend (relative), because according to the law, he now has every right to demand that you pay the entire amount of the debt. And if, God forbid, you quarrel with him and he goes to court, he will be able, no worse than a bank, to recover the Nth amount from you.
If the debt was nevertheless purchased by the CA, it begins to collect money from the debtor to its current account, because Now you owe it to a collection agency rather than to the bank. The same tools are used - SMS calls, auto-informer, letters, visits, transfer of the case to court. But now communication with you becomes tougher, because... Now the CA does not have to report to the bank for its actions. The bank has nothing to do with you now.
What to do if your debt is bought by collectors?
To begin with, ask for documents on the assignment of the right to claim the debt. Article 385 of the Civil Code of the Russian Federation states:
1. The debtor has the right not to fulfill the obligation to the new creditor until he is provided with evidence of the transfer of the claim to this person.
A creditor who has assigned a claim to another person is obliged to transfer to him documents certifying the right of claim and provide information relevant to the implementation of the claim.
Most often, they will either not show you anything at all, or they will send you a regular letter containing a notification about the assignment of rights. But, firstly, you must admit that with a regular letter, the collectors will not record the fact that you received it, and secondly, I’ll even now write a dozen notifications that you owe it not to the bank, but to me. This means that collectors have only one way - to go to court, and there to prove their rights to your debt. Oh, yes, sometimes collectors may stop by to deliver the notice to you personally. Don’t take anything from them, and especially don’t sign anything! If the door has already been opened...
By the way, it often happens that the bank sold your debt to a collection agency, but did not transfer your credit file, including the original loan agreement, well, these documents were lost in the archive, what can you do now... And without documents confirming that you had a loan and have debt on it, you won’t go to court and nothing will be brought against you. So they will just call you and threaten that they will come, there is nothing else they can do, and according to the law they will not be able to collect the debt from you, much less describe the property.
By the way, collection agencies that have purchased debts from the bank often practice forgiveness of up to 80% of the debt. That is, if you pay 20% of your debt, the CA will issue you a document stating that you have repaid the debt and the CA has no financial claims against you.

Did you have to deal with the work of the bank’s “Judicial Department”? If so, then you most likely have problems with loan debt. This means that it won’t hurt you to know what this department is, what powers its employees have, and how to behave if they “harass” you. We'll talk about this today.

So, What is the “judicial department” of a bank?
This is a department specially created to work with debtors. Most often, such work means communication and influence on borrowers who have overdue loans from this bank in order to force them to repay the debt and pay penalties. The matter, in principle, is understandable and does not contradict current legislation. But the methods that the so-called “judicial department” uses in its work with clients are often far from moral and legal.

Don't confuse the "litigation department" with the legal department. The legal department of the bank was created to work with legal issues that arise in the process of functioning of a financial institution. But the “judicial department,” to put it roughly but fairly, is engaged in banal extortion. And although he extorts his property (in this case, financial), he does this, as already mentioned, in a variety of ways, including those that are questionable in terms of legality.

In the practice of civilized countries of the world, the bank, after several unsuccessful attempts to contact a problem client, refers the case to the courts. And then everything goes according to the letter of the law: notification of a person, a summons to court, a court hearing, a resolution. The bank is represented by its own lawyers. Everything here is far from ideal. Not only are there legal departments in every small branch, they are often absent in large central offices or regional representative offices!

Why is a legal department in a bank such a rarity? Because this is where banal savings come into play. Qualified lawyers are prestigious and, of course, effective. But, at the same time, it is expensive. But average specialists, quickly trained in psychological pressure on the debtor, are no longer so costly. This is very damaging to the reputation of the institution. Although, perhaps, it is not so detrimental, given the legal and financial illiteracy of our citizens, who cannot always adequately assess the actions of bank employees.

This is how the so-called “judicial departments” of banks appear, engaged in regularly calling indebted clients and demanding that the debt be repaid by hook or by crook. By the way, these would-be specialists introduce themselves in different ways, call them different terrifying positions and threaten them with almost prison terms.

Real example from practice
The wife of one of the clients regularly, day and night, received calls from “police lieutenant Vasily Andreevich.” The debtor was not even the wife, but her sister. And the wife allegedly acted as a guarantor, since the sister gave her phone number and passport number. But the wife didn’t even sign anything. She wasn’t even aware that she was signed up as a guarantor. Therefore, a priori, she could not bear any responsibility for her sister’s problem loan. But, this is for knowledgeable people. In this case, the emphasis was placed on the illiteracy of the newly created “guarantor”. They called with a request, and then with a demand to influence my sister in terms of repaying the debt. The husband contacted our legal department with a request to clarify the situation. They listened and advised. After one single strict but adequate answer from the wife to “police lieutenant Vasily Andreevich,” during the next conversation, the calls stopped. Plus, there was a call from the injured party, that is, from the wife (namely, the party who suffered from the unlawful actions of a bank employee can be considered a party in the legal interpretation) to the bank’s support service with a warning that if the calls did not stop, she would be forced to will contact the relevant authorities with a written statement.

And her answer was something like this: “Dear Lieutenant Vasily Andreevich, I know that you are not a police officer, but an ordinary bank employee engaged in extortion. In addition, you are also a fraudster, since you introduce yourself under someone else’s name. And also an offender who discredits the good name of our law enforcement agencies...” And so on. That's all. The problem disappeared as if by hand. Nobody called again.

What conclusion can be drawn from all this?

1. The “judicial department” of the bank is a purely formal structure that has virtually no real legal rights in terms of influence on the debtor.

2. Only through the court can you recover from a person who does not want to pay an overdue debt and interest on it.

3. Any threats made by bank employees are unlawful and entail liability.

4. You need to know your rights, as well as your responsibilities.

5. It is still necessary to try to avoid late payments on the loan.

Know your rights and be prepared to stand up for them!

Citizens or organizations in the course of carrying out a particular activity may encounter situations where they need the help of a specialist in the legal resolution of the conflict that has arisen (mediator). Involving a lawyer in this situation will greatly speed up the process of negotiating and achieving results, and will also contribute to the development of a scheme for further actions in accordance with the requirements of the law.

— send to the virus laboratory of Dr. Web https://support.drweb.com/new/free_unlocker/?keyno=&for_decode=1 several encrypted files and, if any, their unencrypted copies in the category Request for treatment. Wait for the virus analyst to respond to your email and then follow his instructions when corresponding with him by email. On the forum, it is recommended to indicate the viruslab ticket number - this is the number of your request, containing a line like ;

Pre-trial department of the FSSP

When filing a claim for disputes arising during the conclusion, amendment or termination of contracts, as well as for disputes regarding the invalidation of transactions. When filing applications to recognize a normative legal act as invalid, to recognize a non-normative legal act as invalid, and to recognize decisions and actions (inactions) of state bodies, local governments, other bodies, and officials as illegal (for individuals).

Having received a letter from the arbitration court, you may lose your computer

And then it became known about similar cases of fraud, but now the letters are supposedly coming from the arbitration court - from the address [email protected]. The letters indicate that legal proceedings are being initiated against the recipient of the letter. After which the recipient is asked to follow a hyperlink, which begins downloading the virus to the spam recipient’s computer.

Bank collection department

1. Negotiations with the debtor are conducted in strict accordance with the points specified in the manual.
2. Employees have the right to invite clients to the office for negotiations.
3. Employees can independently reduce the amount of debt and offer payment options.
4. The collection bank interacts with lawyers and independently decides which contracts to submit to court.

Providing information about debts within the framework of enforcement proceedings

• the name of the FSSP of Russia, its territorial body, the official of the structural unit that provided the public service, whose decision and actions (inaction) are being appealed;
• last name, first name, patronymic (if available), information about place of residence or name, information about location (for legal entities), as well as contact telephone number(s), email address(es) (if available) and postal address, on which the response should be sent to the applicant;
• information about the appealed decisions and actions (inaction) of the FSSP of Russia, its territorial body, an official of the structural unit that provided the public service;
• arguments on the basis of which the applicant does not agree with the decision, action (inaction) of the FSSP of Russia, its territorial body, or an official of the structural unit that provided the public service. The applicant may submit documents (if any) confirming his arguments, or copies thereof;
• if a complaint is filed through a representative of the applicant, a document confirming the authority to take actions on behalf of the applicant is also submitted;

Vyborg Regional Bailiffs Office of the Federal Bailiff Service of Russia for the Leningrad Region

Two employees of the Federal Bailiff Service showed rudeness upon entering the building. It seems that rudeness is the standard of behavior for our bailiffs. At a reception with Lobacheva V.V. It turned out that they work so well that they even lose documents. And there’s nothing to say about exceeding her authority. It seems that instead of giving correct answers to questions, she was taught to immediately be rude, especially to older people. And admitting her mistakes - why, it’s easier to yell at a person. We are not people for them, but they are the navel of the earth. Arrogance, arrogance and rudeness are continuous - this is the motto of bailiffs.

Department of pre-trial settlement FSSP

The experience we have accumulated allows us to give an objective legal assessment of the judicial perspective of the case in a controversial situation. Developing a strategy for protecting a client at the earliest stages of a dispute with counterparties or government agencies makes subsequent legal protection more promising.

• writ proceedings;
• claim proceedings.

1 answer. Moscow Viewed 336 times. Asked 2012-05-02 10:51:30 +0400 in the topic “Family Law” Tell me, do bailiffs have the right to describe property or enter a house without a court decision, I owe 2000 rubles in taxes - Tell me, do bailiffs have the right to describe property or enter a house without a decision I owe 2000 rubles in taxes.

Department of pre-trial settlement FSSP

Not every dispute can be resolved through negotiations. When the parties run out of arguments in a dispute and it becomes clear that consensus is not possible, the only way to resolve the dispute is litigation. The law establishes a special procedure for going to court, violation of which may serve as grounds for leaving the statement of claim without progress or returning the statement of claim to the applicant.

Department of pre-trial settlement FSSP

I got a call again that I have 2 hours to transfer funds through some kind of Corona system to the office of ROGA AND HOOFS. I get tired of playing with them, I openly tell them to FUCK them and hang up. Immediately the call rang again. Article 319 will be applied to me for insulting an official during execution and the amount of my debt will increase three times and a certain Parfenov o.i. threatens to give me a sweet life.

Pre-trial Collection Department

Collection of information about the debtor - whether he has real estate, vehicles and other equipment, securities and receivables; information about cases in court regarding the collection of funds from the Debtor, etc. Soft Collection is the initial stage of working with overdue debt, including the procedure for conducting remote contacts with the debtor aimed at repaying the debt (telephone conversations, sending SMS notifications, claim notification letters about the presence of debt).

What is the Department of Pre-trial Collection?

Some madam first listened to us, then became rude and promised to sue us! The paper burned to hell. Well, we decided to post THIS on the Internet, it turns out that this is a complete scam. A year ago, a letter was sent to our address by mail addressed to Mr. Artem Sergeevich Likhtin from Creditexpress Finance LLC with threats to pay the debt to Russian Standard Bank CJSC, otherwise he would be brought to justice. Of course, you could throw this letter in the trash and forget about it.

Pre-trial Collection Department

Judicial proceedings[edit | edit wiki text] The main goal of the stage of judicial proceedings is to obtain a writ of execution. Moreover, the law [which?] provides for two processes for obtaining an executive document:

• writ proceedings;
• claim proceedings.

Once in the collection department, the borrower's agreement is assigned to the office team, which usually includes two people with extensive experience in such work or service in law enforcement agencies. The period that the contract will be kept in the unit is usually 6 - 8 months, but it all depends on the bank.

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These are collectors working on the staff of a financial organization and not related to the agency (CA). The entire process is based on the lender’s internal regulations, which are written in the form of a methodological manual.

Main differences from KA:

1. Negotiations with the debtor are conducted in strict accordance with the points specified in the manual.
2. Employees have the right to invite clients to the office for negotiations.
3. Employees can independently reduce the amount of debt and offer payment options.
4. The collection bank interacts with lawyers and independently decides which contracts to submit to court.

Important! The bank's claims department is more loyal to debtors than ordinary collectors. Based on a complaint from borrowers, an employee who has gone too far may be fired, which cannot be said about agencies where psychological influence is standard work carried out with a person.

Principles and methods of work

Now, instead of fines, according to Article 330 of the Civil Code of the Russian Federation, the client will be charged a penalty every day. This is a bank-determined percentage of the final claim amount.

The first thing the collection department does is send a pre-trial claim to the debtor’s registration address (see what this is), and determine the area of ​​his residence, as well as the distance from the head office.

Then, employees begin calling all available telephone numbers from personal data, and from comments left by late employees (see).

Important! If contact with the debtor is established, then the personal data is verified, the amount of the debt is summed up on the day of the call, and they are invited to the collection department.

If contact is made with his relatives, acquaintances, neighbors, contacts or work colleagues, they are asked to pass on information regarding the debt.

If the client comes to negotiations, he is offered several options for solving the problem:

1. They ask you to pay at least 50% of the debt amount, the rest is divided into a schedule for several months. In this case, the penalty is suspended.
2. They ask you to pay 100% of the final claim, and write off all previously accrued penalties.
3. If the debtor has a debt in only one bank, they offer him to re-accredit to another or turn to relatives or friends for help.

If the borrower is satisfied with everything, he pays the debt and his agreement is sent to the archives. Next, he is given a certificate confirming the closure of his personal account. After six months, he will again be able to take out a loan from this bank if the conditions suit him.

A certificate of account closure is a legal document and serves as proof that you have no debt to the bank. Any claim from a credit institution will not be considered by the court.

If the debtor was unable to find the money and pay the loan, then the scenario will develop as follows:

• everything will depend on the amount of debt;
• from his place of residence (closed city, military unit, remote village, in this case the contracts are simply sold to a collection agency);
• distances from the head office.

If the borrower falls under these conditions, then development occurs in the following directions:

1. The contract goes to the legal department. Next, the debtor is sued.
2. The agreement falls into the work of mobile groups. Now the borrower will constantly be visited at home or at work.
3. The contract goes to the anti-fraud department. This happens rarely, mainly when all the borrower's documents are false.
4. The contract is assigned or sold to a collection agency. This is a common practice and there is no need to be afraid of it. Let's look in more detail.

Depending on the bank, there may be no collection department at all, and after the first delay in the contract they end up in a collection agency. There are many options. It all depends on the specialization of banks and the number of branches in the Russian Federation.

We used as an example a bank specializing in:

• consumer lending;
• express loans;
• credit cards.

Borrowers are afraid to communicate with the bank when they are overdue and prefer not to answer the phone. But this is the wrong approach and will not solve the problem.

On January 1, 2017, Federal Law 230 came into force, which does not allow debt collectors to call the debtor more than twice a week. Moreover, if the debtor does not want to communicate, he can directly state this and prohibit him from calling.

In case of violation of the law, contact. Now it is a supervisory government body. Fines for agencies and banks will be up to 500 thousand per borrower.

This legislation has made life easier for debtors; collection officers can only ask whether the person is ready to pay? If not, then warn about the consequences of legal proceedings and hang up.

Don’t be afraid to call, communicate and get yourself a lucrative offer to write off part of your debt.

Bottom line

Not every bank has collection departments, and experienced employees work there who can convince the borrower to make payment. Moreover, all negotiations must be conducted in STRICT accordance with the internal regulations of the creditor.

Thanks to the new law on collection activities, debtors can defend themselves and negotiate with collectors.

If you have any questions about the topic of this article or require advice, write to us in the comments or contact the site’s on-duty lawyer in the form of a pop-up window. We will definitely answer and help.