Protection against collectors in Ukraine: features
In 2009, for the first time, norms appeared in the legislation of Ukraine, which allowed banks to transfer borrowers' cases to collectors. Since then, the number of the latter has grown rapidly, already at the end of 2010, about 60 companies engaged in collection work appeared on the domestic market. Today, this number has increased tenfold. In this regard, many have become interested in how much an anti-collector costs - the services of a lawyer who can help the borrower get rid of problems related to debt repayment.
Get help in the fight against debt collectors
Collectors give the following definition of their work - it is the construction and control of effective processes aimed at debt recovery. At the same time, it is assumed that the goal must be achieved in accordance with the current legislation. That is, the communication of the debt collector must take place correctly in relation to the natural or legal person-debtor. That is, it means that collectors are competent people who not only aim to collect the debt, but also help to repay it as soon as possible without significant financial losses.
In practice, debtors are increasingly interested in who is an anti-collector in Ukraine. Every year, these specialists become more and more popular. This is explained by the fact that the collectors act in the opposite way to what is prescribed by law. They buy other people's debts cheaper and sell them more expensively, that is, they withdraw financial funds without being guided by the interests of the debtor himself, hence disputes arise at the legislative level. In addition, until recently, the very concept of "collector" did not exist in Ukrainian legislation.
Protection of debtors from collectors: legislation
In 2016, the law on persons and bodies carrying out enforcement of courts and other bodies appeared in the Ukrainian legislation. In fact, the adoption of this law not only introduced a system of private executors, who have similar functions to collectors. Now independent notaries have been joined by executors who act in parallel with their "colleagues" from state systems. Although the collection organizations themselves developed a Code of Ethics back in 2009, which did not have an official status, there is still no narrow-profile law on the activities of collectors in our country. Therefore, certain aspects of such work are not regulated. Therefore, if a person has disputes with collectors, the anti-collector lawyer, as a rule, acts in favor of the debtor, guided by the protection of his rights and interests, honor and dignity
When an anti-collector is not needed
If a person's debt was resold to a large company that values its image and works within the framework of legislation, has a personal "Code of Ethics" and a staff of professional employees, then the debtor is quite lucky. In this case, collectors will contact him and send letters with information about the debt, reminders about missed payments, a list of accrued fines and sanctions. The result of such relations will be a claim to the court, where the debtor must independently defend his rights, and if the court decides that he is obliged to pay the debt, he will have to fulfill all the proposed conditions.
If the debt is bought by a company with a dubious reputation, a small firm that is primarily focused on financial results, the borrower's life can be significantly complicated. In the literal sense, there is a risk that "terror" will begin on the part of collectors. Then a lawyer for protection against debt collectors and debt relief will be absolutely necessary, in Kyiv and Ukraine in general, this is a quite popular service in similar situations.
When you need an anti-collector in Ukraine
In the event that the debt is resold to a third party, the debtor's main problem is not the situation where the creditor for the debt obligation simply changes. The methods and ways of solving the debt are changing and, as a result, the attitude towards the borrower is changing. This is due to the fact that such a debt collector buys cheaply, and wants to sell at full price in order to make a profit. If the loan was secured by real estate, then the profit from it will be huge in general, and when it comes to large sums, aspects of morality and the current law often become unimportant - in this case, an anti-collector in Ukraine will definitely be needed. This is explained by the fact that, as a rule, the issue of return should be resolved by restructuring the loan and with the help of the court, but all this will be unprofitable, long and expensive. That is why some companies are capable of arbitrariness and aggression, such collectors may well act like this:
● Visit the debtor personally and call at any time of the day.
● To threaten the health, property of the debtor or his relatives.
● Communicate confidential debt information to friends, colleagues, superiors and other third parties.
● Insult a person in public places or social networks.
● To send invalid letters and acts on the description of the property in order to repay the debt.
● Issue and send forged court decisions and other documents aimed at intimidating a person.
There are cases when some collectors, together with unscrupulous employees of registration services, resell real estate using forged documents. In this and in other cases, a well-developed defense program is required, the anti-collector helps the debtor defend his interests before the collectors, and also provides representation in court.
Protection of debtors from collectors: useful facts for the debtor
When the collector acts in accordance with the law, he officially informs about the existence of the debt and the obligations regarding it, then any debtor should think about voluntary cooperation, since the debt still needs to be paid. A conscientious collector should consider all the debtor's offers, try to negotiate the most favorable terms with him. However, if the new creditor allows himself moral and psychological pressure, protection is required. In some cases, when the debtor is calm, it is possible to ignore and not respond to threats, calls, visits and other signs from collectors.
The law also allows for calling the police, as any threats, despite the existence of debt, are considered a crime and punishable by law. Gradually, after collecting all the evidence, the anti-collector in Kyiv or any other city should help file a complaint to the association of collectors, the first creditor who resold the loan, the court
Help from debt collectors: how to talk to them on the phone
If the debtor decides to deal with collectors on his own, he needs to know how to protect himself. First of all, be calm during the phone conversation.
You need to get information about who is calling and the name of the company. As a rule, the company must also provide the address and telephone number, and upon request, the e-mail address. If the person does not introduce himself, interrupt the conversation.
During the conversation, promise to write a statement to law enforcement agencies or the prosecutor's office.
If the person introduces themselves, ask what the purpose of the call is and warn them that they are being recorded. Such actions are a demonstration of legal literacy, as a result of which communication will be more correct.
Ask the collector to put all questions in writing
Documents to be provided by the collection agency
If the collector contacts you personally, check the presence of documents confirming his authority. Any microloan lawyer from Kyiv, Ukraine, or a lawyer who works with large sums, will tell you that the first thing you need to do is see the contract of assignment and resale of the debt. It must be properly designed and repeat the original commitment in terms of content. In addition:
● In case of resale, the debtor must be notified in writing that his obligations are transferred to another company. The absence of the document entitles the debtor to stop communicating with collectors.
● If the documents are provided, first study their content and check the amount of the debt, as it is often higher than the original amount.
● Make sure that the debt obligations really exist. In many cases, collectors can provide forged documents.
Legal assistance from collectors: common mistakes of borrowers
Even if the debtor is prepared and has studied all the useful information, many still make mistakes. For example, the replacement of the creditor is sometimes admissible, this should be stated in the primary contract. In this case, the agreement with the collector is considered invalid and the paid debt does not relieve him of the bank loan.
Transfer of debt must be carried out in order. If it is violated, the indebtedness of the primary borrower remains.
If the amount of the debt is not checked in a timely manner, there is a risk of its overpayment. The loan is transferred to the collector in the same amount that was indicated in the original contract.
Anti-collector service
If the collectors have violated constitutional rights, a properly legally developed protection program by a specialist is needed - the anti-collector in Ukraine will help in this matter. Its main tasks are:
● Analysis of all contracts, correspondence, records of telephone conversations, etc. information appearing in the conflict.
● Development of actions aimed at recognizing the claims of collectors as invalid.
● Implementation of activities related to the reduction of fines.
● Provision of protection in pretrial and judicial periods, as well as control over the execution of court decisions.
If necessary, the specialist accompanies the client to appeal the court decision to various levels of courts.
That is why, if an anti-collector enters the work, the price for his services can change significantly, which depends on the specific situation: the amount of the debt, the duration of lawsuits, etc. If you are interested in a microloan lawyer in Kyiv or you need a lawyer who is able to work with collectors on large loans, use our service.