Publication date: 28.05.2024
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Protection of debtors from collectors
A debt collector is a person or company that specializes in collecting debts from other people or companies. Collectors usually work for third-party financial institutions, banks, credit organizations or insurance companies. Their task is to collect debts from customers who have not paid their obligations under credits, loans or other financial products.
Debt collectors can use a variety of methods to collect debt, including phone calls, letters, emails, and even personal visits. Some of these methods can be intrusive or unpleasant to debtors, so it is important that debt collectors operate within the law and ethical standards.
Protecting debtors from debt collectors is an important aspect of financial security and legal protection. In Ukraine, there are several legal mechanisms and recommendations that help protect debtors from illegal actions of collection companies.
Legislative norms:
1. Law of Ukraine "On Consumer Lending": collectors are obliged to respect the rights of debtors, in particular, they have no right to resort to threats, violence or other illegal methods of pressure.
2. The Civil Code of Ukraine: regulates general issues of debt obligations and their fulfillment, including the possibility of challenging illegal actions by creditors and collectors.
3. Law of Ukraine "On Amendments to Certain Laws of Ukraine Regarding Consumer Protection in Settlement of Overdue Debt".
4. Other normative legal acts.
Actions of the debtor in contact with collectors
Collectors are required to provide documents confirming their authority and your debt. The absence of such documents may be grounds for contesting their claims.
Audio recordings of conversations with collectors can become evidence in the event of a complaint to the relevant authorities or to a court.
Collectors do not have the right to call you continuously, especially at night. In Ukraine, there are certain time limits for such calls.
In case of violation of your rights, you can file a complaint with the National Bank of Ukraine or other regulatory bodies.
Contacting a lawyer can be very helpful in obtaining protection from debt collectors and in considering debt discharge options. A lawyer who specializes in these matters can provide professional advice and assistance in such matters. Here are the possibilities it can offer:
1. Protection from debt collectors: A lawyer can advise you about your rights as a debtor and help you resolve conflicts with debt collectors. He can support you in enforcing the law regarding collector communication methods, preventing harassment, and protecting against unfair practices.
2. Debt relief: In some cases, a lawyer can help you explore debt relief options. This can be through debt restructuring, negotiations with creditors or even through bankruptcy procedures according to the laws of your country.
3. Legal representation: If you are in a difficult situation with debt collectors or creditors, a lawyer can provide you with legal representation in court or in dispute resolution. He will protect your rights and interests according to the law.Contacting a qualified attorney can provide you with the help and protection you need in dealing with debt collectors and debt collection issues.
Tips for preventing problems
Keep clear financial records: Keeping accurate records of your financial obligations will help you avoid misunderstandings with creditors.
Do not succumb to pressure: collectors often use psychological pressure. It is important to remain calm and not make hasty decisions under their influence.
Conclusion
Protection of debtors from collectors requires knowledge of their rights and the ability to defend them. Legislation, proper dealings with debt collectors, and professional help can effectively protect you from wrongdoing.
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