Publication date: 11.05.2024
What to do when you are constantly called and annoyed by collectors?
A collector is a specialist in debt settlement. He works with people who owe money to a bank, finance or debt collection company. The job of the collector is to demand repayment of loans from debtors in the interests of the customer (creditor). Collectors deal only with those cases when the debtor does not repay the loan for a very long time or deliberately evades payment.
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How to protect yourself from collectors?
1. If possible, record all phone conversations, save text messages so that, in case of any, you have evidence of illegal demands, threats.
2. Any collection of information about a natural person without his consent is illegal. In case of violation of his rights, such a natural person can file a complaint about illegal actions related to the collection, storage and processing of his personal data to the Commissioner of the Verkhovna Rada of Ukraine for human rights in the field of personal data protection or to the court.
3. In the case of frank threats and insults, contact the police with a statement to initiate criminal proceedings under one of the articles of the Criminal Code of Ukraine - Article 182 (violation of privacy), Article 189 (extortion), Art. 190 (fraud), Art.355 (compulsion to perform or not perform civil legal obligations).
4. To request claims from collectors only in writing, with references to specific contracts and legal grounds. The transaction regarding the replacement of the creditor in the obligation is performed in the same form as the transaction on the basis of which the obligation arose, according to which the right of claim is transferred to the new creditor (Article 513 of the CCU).
5. Ignore documents without any legal confirmations, that is, without "live" signatures and "wet" seals. No letters printed on color printers! The debtor has the right not to fulfill his obligation to the new creditor until the debtor is provided with evidence of the transfer of rights in the obligation to the new creditor (Article 517 of the CCU).
6. Ignore any requirements for "surety". If you did not sign a separate guaranty agreement before the bank, then such guaranty is not valid, and therefore there are no legal consequences. Taking into account the requirements of Article 547 of the Civil Code regarding the execution of a deed to ensure the fulfillment of an obligation in writing, the guarantor's consent must be given in writing. And also do not pay attention to requests to "influence" acquaintances, friends, neighbors or relatives. By law, debts must be returned only by those persons who have contractual obligations with the organization to return funds. The debtor is obliged to fulfill his obligation, and the creditor - to accept the fulfillment personally (Article 527 of the CCU).
If you're bothered by calls from debt collectors, it's important to exercise caution and stand up for your rights.Record conversations, seek protection from law enforcement agencies, and demand written demands from collectors with legal grounds. Knowing your rights and using them will help you avoid trouble and ensure your safety.
