Collectors are demanding repayment of debts dating back ten years. If there is no information about the existence of court decisions and enforcement proceedings on the credit debt

Good afternoon!!! I apologize in advance if I repeat someone else’s topic! The situation is as follows: I took out a loan from Russian Standard more than 10 years ago... The amount was 20,000 rubles. I didn’t pay anything, at first they called home and work, then they stopped talking. During this time I also changed my place of residence, and phone number and job. I had already forgotten about them. And finally it happened! A letter arrived from the Debt Collection Agency, they write that the letter is already repeated, that my contract with BRS has been assigned to them, that I urgently need to contact ASD, they sent a receipt with details and, of course, a list of articles for which they are going to persecute me... Naturally, at first I was terrified, let’s call them, I didn’t get through, panic began, etc. Then I studied the information on your website and seemed to calm down. Please tell me if I understand correctly that the LED has expired, that I need to wait for an attack from the ASD, threats, calls, visits, etc. But, of course, if they go to court, they will declare there that the LED has expired. While on the site, you seem to understand everything and calm down... And then you scroll through it in your head, you start to panic and look around... Thank you for your site!!! Reply from the site site Hello, Sergey. We are glad if the site helped you in some way. The situation is new for sequoia.rf, so it deserves a separate article 100%. The statute of limitations is the ability to legally submit claims to the court and recover any amounts under a loan obligation. The time period for legal entities such as a bank or collection agency is 3 years from the date of violation of each payment under the agreement (Part 1 of Article 196 of the Civil Code of the Russian Federation). Judging by the period you indicated when the loan was issued to you, more than 10 years ago, it is difficult to imagine that it has not expired, and for all payments. LED is never restored for legal entities, as precisely stated in their Resolution of the Plenum of the Supreme Arbitration Court and the Supreme Court of the Russian Federation on February 28, 1995 No. 2/1. Its last paragraph reads: “Courts should keep in mind that the limitation period missed by a legal entity, as well as a citizen-entrepreneur on claims related to his business activities, cannot be restored, regardless of the reasons for its omission.” The bank, realizing that it has squandered the SID, sells off the debt to the collectors for pennies. Previously, agencies were even more illiterate and selected almost everything they could make money on. In addition, they believe, and not without reason, that the majority of Russian citizens are illiterate in terms of their rights, which means they will be able to “wash their ears,” put pressure on them or otherwise intimidate them so that they believe that they still owe them. All articles, and there are usually three of them: 159 of the Criminal Code Fraud, 177 of the Criminal Code of the Russian Federation Malicious evasion of payment of accounts payable and 165 of the Criminal Code of the Russian Federation - are the standard of activity for any collection agency, and now, alas, for the security services of almost any bank. They cannot relate to you. If they pester you, immediately tell them to go to court, and you’ll sort it out there. Visiting groups go to the police and militia and show their “coolness” there if they can. Don't let anyone into your home! You have every right to do this! The police will arrive, and if someone else remains there, which is extremely unlikely, then you can go out and have fun, saying that everything will be considered in a civilized, LEGAL, judicial manner. Another important point if your dialogue turns to LED. Remember that regardless of when there was an assignment agreement (assignment of claims) under your loan agreement, the statute of limitations is not interrupted by this agreement. This postulate is legislatively enshrined in Article 201 of the Civil Code of the Russian Federation: “A change of persons in an obligation does not entail a change in the limitation period and the procedure for calculating it.” Your debt could be “resold” to anyone and as many times as you like; these are all problems for those who buy and sell. The SID began from the moment you stopped paying, I hope you did not send official letters to the bank and did not answer them by mail, because here you can try to portray something else to them in court. It seems that the groundwork of more than ten years has clearly covered all these possible moments. Everything you wrote about what you should do in court is correct. It is advisable not orally, but in writing to inform the court that the statute of limitations has expired, referring to Article 196 of the Civil Code of the Russian Federation, where it is specified at three years, as well as to the paragraph of the Resolution, the details of which are written above, where we repeat, a clear clarification to the courts that legal entities’ IID is not restored under any circumstances. You can also add more about 201 of the Civil Code of the Russian Federation. Judges are not as stupid as we are often told in the media, the main thing is to help them by indicating the norms of the Law, since not everyone knows them exactly, especially with regard to the Resolutions, although they all have consultant-guarantors, and the moments of the IDA are so significant, that they are probably aware of such a point. In addition, you can read the article

Kredit-ipoteka-banki.ru

The information and analytical portal Banki.ru reports that People's Rating is receiving complaints against collectors about collecting debts for servicing credit cards that were issued ten years ago.

The complaints say that the debts on these cards have long been repaid. However, this fact does not stop the collectors; they call former Sovcombank card holders with demands to pay off debts for servicing these cards.

The calls come from the collection service "CreditExpress Finance". The right to collect debt was transferred to them by Sovcombank, whose services none of the complaining people used.

But we managed to find out what is at the origins. All victims are united by GI Money Bank, whose clients they were more than 10 years ago. Until now, no information has been received about the debt to former clients of the bank.

“In 2005, I took out a loan from GI Money Bank and fully complied with all the loan conditions, the loan was closed. I recently received a notice from the collection agency CreditExpress Finance demanding payment of a debt in the amount of 600 rubles to Sovcombank for servicing a credit card by December 30, 2016. Let me remind you that for 11 years the bank had no claims against me. I did not change my phone number and residence address, but the successor bank unilaterally changed the terms of the agreement without notifying me about it. I consider the accrued amount of 600 rubles unjustified, and I ask Sovcombank to resolve the issue of canceling the payment.", says one of the complaints.

Here is another very similar case: “I applied for a credit card at GI Money Bank in 2007, in 2008 the loan was fully repaid and the card was closed. After the loan was closed, no calls, letters or messages were received by phone or email. In 2015, it turns out that my debt to Sovcombank was transferred to a collection agency. The auction started at 9 thousand rubles. After several months of unsuccessful attempts to put pressure on me, the collectors evaporated. But the other day a certain company, CreditExpress Finance, showed up with a claim of about 3 thousand rubles and threats to send a rapid response team to my home. One cannot but rejoice at Sovcombank’s enviable tenacity in trying to collect non-existent debts.”

In 2014, Sovcombank bought the entire package (100%) of G&I Money Bank, continuing to service all customer contracts in full. Now commercial debt collection organizations are calling clients of the acquired bank and demanding payments for credit card servicing on behalf of Sovcombank.

Sovcombank and CreditExpress Finance declined to comment on the situation with the sale of debts.

It can be assumed that such an active manifestation of collectors on behalf of Sovcombank is associated with the entry into force of Federal Law No. 230 on January 1, 2017, which will limit the activities of collectors. The statute of limitations is three years, and after this period it is no longer possible to collect the debt in court. The debt does not cease to exist, but even in this case the law cannot help the creditor. Therefore, collectors have only a few days left when they can call with a threat and demand repayment of the debt.

We took out a loan of 220 and 90 thousand. We paid for half a year, then there was a delay of 2 months, I received an SMS that the bank had transferred the case to collectors, contact them. We called the collectors and said that we must repay the ENTIRE debt by April 4. During the conversation, the employee said that we were recording the conversation , repeat exactly, return 220 thousand, return 90 thousand under great psychological pressure, this was repeated, as I understand it was written down by them. So, I received a letter from the bank saying that we have a debt, we must pay it within 14 days, or the case will be taken to court, etc.

Lawyer's answer:

Dear Alexander!

In this naturally deplorable story, you are already number 10,000???, who is faced with real and virtual demands for repayment of the loan with interest...

There are no “collectors” here in Russia, just as there are no regulations on “collectors”, on their rights and obligations... this is a made-up foreign term...

But there are naturally thousands of “intermediaries”, and impudent, boorish ones at that, who, for a fee, “knock out” for Banks and not only debts from borrowers and other debtors by various methods (frequent telephone calls, SMS, letters with dangers, etc. .).

What can (and should) you do?

1. Calm down...

2. Take a close look at the loan contract again... and the schedule of monthly payments.

3. Estimate + - how much you paid the Bank for the loan and interest on it...

4. Estimate + - how much debt you may have on the loan, interest and maybe penalties (this can be seen from the contract and repayment schedule).

Collectors, and more than one, are demanding the return of a 10-year-old debt. They call from different offices. There is no legal basis, no

Good afternoon Collectors, and more than one, are demanding the return of a 10-year-old debt. They are calling from different offices. There is no legal basis, no documents. I want to ask:
Is Federal Law 152 On Personal Data, issued in 2006, violated (2004 agreement)
How to properly file a claim (warning) to debt collectors
Thank you!

Lawyer's answer:

There is no point in entering into dialogue with debt collectors and sending them complaints. Write a statement to the police that unknown persons are extorting funds from you
Ignore them, they are the most common. The statute of limitations has long been passed (Article 196 of the Civil Code of the Russian Federation), and therefore even in court they will not achieve anything

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The collector demands a refund

Hello! I had a debt to the bank of 100 thousand rubles. The bank sold this debt to a collection agency. The bank gave me a paper stating that I did not owe him anything, but owed it to the new creditor, a collection agency. I turned to a lawyer, an anti-collection agency. The lawyer tried for six months to negotiate with them to reduce the amount of debt, but was unable to do so. Now he wants to sue to recognize that the transaction is between the bank and the collection. not valid by the agency. If the court finds it invalid, will I owe the bank anything?

Lawyer's answer:

You should not trust either a lawyer or debt collectors.

You shouldn’t pay collectors just like that, they will milk you for the rest of your life.

Let the collection agency sue you, in court you will ask to apply Article 333 of the Civil Code of the Russian Federation, you will say that the penalty is disproportionate, and penalties and fines will be significantly reduced.
Hello. You don’t need any court, it’s a dishonest lawyer who wants to do the work for himself in order to get money from you. Look at the contract, maybe the statute of limitations has already expired.
Business with the bank and with those who call themselves collectors should be structured as follows:

1. You should blacklist any collector’s phone number and never pick up the phone again. Rostelecom and other operators also have a “black list” service.

2. Debt, nevertheless, remains a debt, therefore it is better to pay it off. If you think the interest rate is high, you should contact other banks to refinance the debt (lower the interest rate).

3. If there is a court decision against you, hurry up to contact the court that made the decision with an application for installment payment of the debt and immediately transfer to the bailiff service a copy of your application with a note from the court about its acceptance.

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Collectors demand debt repayment

Good afternoon, my husband died in 2011! The bank transferred his debt to collectors; I did not sign any documents for the loan, and did not enter into an inheritance, since there is no inheritance. The apartment is not privatized. The EOS collection agency constantly calls, threatens, and demands to repay the debt. They threaten that they will come with bailiffs to seize the property. Tell me what to do. I sent them the documents by registered mail (a copy of the death certificate, from the notary that they did not enter into an inheritance, and a certificate that it was not privatized

Lawyer's answer:

Since you did not accept the inheritance, therefore you should not be liable for the debts of the testator. Threaten the collectors that you will contact the police with a statement about extorting money.
Natalia, Ufa!

ASSIGNMENT OF THE RIGHT OF DEBT CLAIM by the Bank in favor of Third Parties could be carried out only after the written sending to you of the Notice “On the assignment of the right of claim”, together with the ORIGINAL Contract for the assignment of the right of claim with original signatures and wet seals, written notification of you about the assignment of the debt.

In addition, there is currently NO Federal Law “On collectors and collection activities in the Russian Federation.”

DO NOT transfer any documents to them and DO NOT negotiate with so-called collectors.

I wish you good luck Vladimir Nikolaevich

Ufa 01/23/2013

13:02 Moscow time

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My phone number is receiving calls and messages demanding repayment of the debt from the organization LLC NBC. Case

Good evening! My phone number is receiving calls and messages demanding repayment of the debt from the organization LLC NBC. The fact is that they demand to pay for a person whom I don’t know at all and in my environment there is no such person with that last name at all, now I’m on maternity leave and don’t communicate with anyone for such acquaintances to appear. No matter how I tried to explain that I don’t know such a person, they still call, and they call 15-20 times day and night. Where should I go? I don’t want to change the number because it’s not my mistake.

Lawyer's answer:

A statement to the police.

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A debt has formed to the bank, and collectors are calling and demanding the debt be repaid. But I have nothing to pay, barely enough money

Hello, I took out a loan for a business 1,000,000 a year later, the business began to decline because the profit began to go to the treatment of a 3-year-old disabled child. A debt to the bank arose, collectors called and demanded to repay the debt. But I have nothing to pay, barely enough money to provide for my family. I was thinking about declaring myself bankrupt in court, maybe this will help, I have one apartment, or rather the second share of my sister, she is 14 years old. She is an orphan; our parents died in 2010. Her aunt took custody of her. Therefore, there is nothing to take from me. What should you advise?

Lawyer's answer:

In your case, or write an application for loan restructuring, if the banks refuse to restructure and you have arrears, wait for the banks to go to court. In court, according to Art. 333 of the Civil Code of the Russian Federation, you have the right to file a petition to reduce the penalty, thereby reducing the debt to the creditor. The courts usually accommodate borrowers halfway.
According to the Law of the Russian Federation dated 02/07/1992 N 2300-1 “On the Protection of Consumer Rights,” the assignment of rights of claims to collectors is prohibited, unless otherwise provided for in the lending contract. If you are threatened by debt collectors, then you must contact the police with a written statement of extortion in accordance with Article 163 of the Criminal Code of the Russian Federation.

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They are calling from Vostok-Finance, demanding to repay the debt for a loan taken out to Home-Credit 7 years ago. This loan was on time

They are calling from Vostok-Finance, demanding to repay the debt for a loan taken out to Home-Credit 7 years ago. This loan was repaid in full on time. What to do?

Lawyer's answer:

Collectors are impudent and unceremonious people, but at the same time, in principle, they have no rights. All that they allow for themselves is what you allow them. Entering into negotiations with them means giving them a reason to believe that they can “press” you.
Contrary to what they say, these people DO NOT HAVE THE RIGHT:
— enter your home;
— inspect, outline or seize your property or accounts;
- prohibit you from traveling outside the borders of the Russian Federation or arrest you;
- take your children away from you, deprive you of parental rights, fire you from your job.
Do not enter into communication with the person who called you, do not call yourself, if calls come to your mobile phone, block incoming calls from these numbers. Do not agree to personal meetings, but you can invite them to file a claim in court (claims are filed according to the rules of Articles 131, 132 of the Code of Civil Procedure of the Russian Federation). These persons cannot do anything to you, but if they grossly invade your privacy, write a statement to the prosecutor's office or the police.
While there has not been a trial and an enforcement agency has not been initiated based on a court decision that has entered into force (Art.

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Is it legal for me to be asked to repay other people's debts?

Good evening!
Please advise on the following issue:
My husband, with whom we have not lived in the same place for 10 years, but are not divorced, took money from the Bystrodengi organization (such as money before payday) and indicated me as an additional contact person without my knowledge. He can’t pay back the debt, so now they call me and demand his debts from me. And today they also sent an SMS saying that if within two days if I don’t pay my debts for my husband, they will come to my home or work
Where should I go so that they don’t pester me and on what basis they can demand money from me, I didn’t sign anywhere and was generally not in the know.

Lawyer's answer to the question: - collectors demand debt repayment

An application to the police department for the recruitment of persons unknown to you to liability established by law, who, during the period from ... to present time, through telephone calls and SMS from number XXXXXXX to your number XXXXXXX, extract funds from you. You are not in any legal relationship with any creditors... Etc. in detail.

Best wishes.

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Do you want to repay the debt?

I took out a loan from Home Credit and Finance Bank on 03/12/2011 and paid for almost a year. Problems arose in the family - divorce. I received a letter from Creditexpress that they received the status of a new lender and demanded to pay a debt in the amount of 65,000 thousand rubles, although I took out a loan in the amount of 35,900. I’m ready pay but not Creditexpress. They are threatening to come and describe the property and sue. Please help me figure it out, I’m already confused. I have four children calling every day and threatening me. Thanks in advance!

Lawyer's answer:

Don’t pay anything, wait for the trial, in court demand a reduction in penalties and accrued fines

after the court makes a decision, submit an application to the court for an installment plan for execution of the decision

in the end you will have a fixed debt that you will pay every month

If you pay at the moment, then you need to get a certificate of debt from the bank and pay it off in full immediately

otherwise, you will simply pay off the interest, and the debt itself will not decrease, but will only grow

in your case, the best thing is to wait for the trial and not respond to calls.

if creditors could get everything from you through the court, they would immediately turn to it.
but this is not profitable for them, that’s why they intimidate you, counting on your ignorance

With respect, D.V. Lyubeznov

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Is it legal for collectors to collect debts from debtors to a bank if the debtor has not given such consent to the bank?

Hello. Please tell me whether the actions of debt collectors are legal if they call at 10 pm and demand to repay the debt to the bank? What should I do if the debt collector calls and insults and threatens? Are the bank’s actions to sell the borrower’s debt to debt collectors legal if the borrower has not given his consent a jar?

Lawyer's answer:

Hello, Alexander!

The activities of so-called collectors (read: swindlers) are absolutely illegal. Since the assignment contract between the bank and the swindlers is pathetic (illegal), then, according to Article 166, Part 2 of the Civil Code of the Russian Federation, the requirement to apply the consequences of the invalidity of the pathetic transaction can be presented by any interested party. As for threats addressed to you, record them on a tape recorder and run to the police with a statement.

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Collectors call me and demand to return the debt that I had to Alfa-Bank. They say that they bought the debt

Collectors call me and demand to return the debt that I had to Alfa-Bank. They say that they bought the debt. What documents should I demand from them in order to find out about the legality of their actions? Thank you!

Lawyer's answer:

There must be a contract for the assignment of rights (requirement); it can also be called an assignment contract, between the bank and the collection company.

With respect, Tatyana Strokova, Director of Avesta Company LLC

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Every day collectors call from different numbers demanding to repay the debt, but I don’t have the opportunity since I was fired from my job

Every day collectors call from different numbers demanding to repay the debt, but I don’t have the opportunity because I was fired from work for health reasons, they communicate with me in a rude manner and threaten that they will come home and inventory the property, I’m afraid that they won’t call my relatives if they suddenly come home what should I do? I have a small child in my arms, I’m afraid that she won’t be scared, and the collectors also call me stupid

Lawyer's answer:

Don't react to them, all they can do is go to court

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Collectors are demanding repayment of a debt that does not exist and did not exist.

Good afternoon For several months, in the evenings (after 10 p.m.), collectors from Moscow began calling my mother on her mobile phone, demanding to repay a non-existent loan debt. Moreover, the debt itself was attributed to a complete stranger and they called my mother, thinking that she was the same debtor. Talking in a good way does not help, they say, there are no such people on this phone and there never were, please do not call again, they have no reaction. Everything continues again the next day. The collector who calls refuses to give his full name, managed to get only the name of the agency out of him, threatens with an article for harboring the debtor, insults, humiliates, tries to silence him during the conversation.

Lawyer's answer:

Write a statement to the territorial police department.

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Collectors demand a loan back, is this legal?

03/12/2006 I entered into an agreement with Sibakadem Bank OJSC for 24 months. I paid regularly for 12 months. Then I lost my job. The first letter I received was a letter from local collectors demanding to collect the debt from me. I refused and sent it to court. 7 months passed. I received a second letter . 05/12/2012 from OJSC PKB Khabarovsk with three repayment options. 1) Voluntary repayment by payment, Amount 31,665 rubles, discount 13,570. 2) voluntary repayment according to schedule 3,204. discount amount 6,785.3) repayment through a bailiff amount 64959.28 for forced collection.

Lawyer's answer:

Natalia. I didn’t quite understand the duration of the contract and the type of loan product. But if I remember correctly, the statute of limitations has passed. And you will be able to ignore demands for debt repayment, especially from collectors. If an enforcement action has been initiated, then communicate only with the bailiffs. http://advokat-kr.ru/

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Recently, we quite often have to answer questions from borrowers from whom collectors suddenly began demanding debts on old loans. How legal are such demands from collectors and what can be done about it?

Everyone knows perfectly well that in Russia the general statute of limitations is 3 years(sometimes less, sometimes more, but for credit debts that’s exactly how much). Roughly speaking, this is the period during which the bank can go to court and demand collection of the loan debt from you.

In fact, the bank can go to court later. But if the claim is filed after 3 years, the borrower can declare in court that the statute of limitations has passed, and this will be an independent basis for the bank’s refusal to satisfy the claim. That is, the judge will not even consider the case on its merits, but will simply immediately make a refusal decision, and the debt will not be collected from you.

Of course, in practice, most banks try to “settle” loan debts within the statute of limitations. But sometimes, for some reason, the bank does not have time to file a claim within 3 years. Most likely, the bank will not go to court after the statute of limitations expires, but will simply sell the debt to collectors. Collectors will start calling the borrower, writing threatening letters and demanding repayment of the debt on a loan that was five years old.

What should a borrower do if collectors demand debt on an old loan?

1) Make sure that the debt on this loan was not collected in court during the limitation period.

• check yourself for debts using the Data Bank of enforcement proceedings of bailiffs;
• search for court decisions or court orders for the collection of loan debt on the websites of the courts - the magistrate and the district / city court at your place of residence.

If you've moved, look for debts in all the regions where you lived. On court websites, you need to look at the “Court Proceedings” section, select civil cases and search by your last name (if you changed it, look for information by both the new and old last name).

2) If you find enforcement proceedings or a court decision to collect the debt on this loan,

the debt will have to be repaid. However, it is worth considering 2 nuances:

• check whether the debt was actually sold to collectors. How to do this, we wrote and. In this case, you can demand from collectors evidence of the assignment of the debt (a copy of the agreement on the assignment of rights of claim, a notice of the assignment);
• If there is enforcement proceedings before the bailiffs, it is better to pay off the credit debt with them.

This is convenient: you don’t have to rack your brains over who to pay - the bank or the collectors, and the bailiffs themselves will figure out who to transfer the money collected from you to. Your task is to keep all receipts for repayment of debt to the bailiffs. In addition, after the debt is fully repaid, the bailiffs will issue or send you a decree on the completion of enforcement proceedings in connection with the actual execution. This will be reliable proof that you have paid off your debt in full.

3) If there is no information about the existence of court decisions and enforcement proceedings on the credit debt,

you can safely stop any communication with debt collectors and not answer their calls and letters.

Part 3 of Article 199 of the Civil Code of the Russian Federation provides that unilateral actions aimed at exercising a right (offset, direct write-off of funds, extrajudicial foreclosure of pledged property, etc.), the statute of limitations for the protection of which has expired, are not allowed . Therefore, recommend that debt collectors go to court or don’t talk to them at all.

4) Refuse to interact with debt collectors.

According to Federal Law No. 230-FZ, the debtor has the right to refuse cooperation regarding his overdue debt after 4 months from the date the loan was overdue. To refuse, you need to write a special statement:

Do I need to repay a loan debt that has expired?

On the one hand, as we explained above, you can voluntarily not pay anything for a debt that has not been collected in court after the expiration of the statute of limitations. On the other hand, everything is not so simple. Whether to repay the old debt or not is up to you. We'll outline all the major pros and cons of each option so you know what to expect and can make the right decision.

If you return an old loan debt

➕ Collectors will have to stop calling and sending letters. Ideally. We don’t know what will happen in reality, and whether there will be any other “tails” on this loan later.

➕ You will be able to receive a certificate from the bank confirming full repayment of the loan and no claims. This document will confirm that you have fulfilled your obligations under this loan.

➖ The bank will have to transmit data about the date of actual repayment of the loan to the credit history bureau, but this will not correct the credit history. It will simply indicate that you repaid the debt several years later than the deadline established in the contract. Whether this will allow us to take out new loans is a big question.

➖ Repayment of a debt with an expired statute of limitations “reanimates” the statute of limitations, since it can be regarded as an acknowledgment of the debt. Therefore, there is definitely no need to pay off the debt in parts - the rest will certainly be collected in court. Either pay everything at once, or nothing.

If you do not repay the old loan debt

➕ The statute of limitations will not be restored: you don’t pay anything, which means you don’t take actions aimed at acknowledging the debt.

➖ We will have to solve the problem of collectors, calls and letters. The statute of limitations has expired, and the bank is unlikely to go to court. However, the effectiveness of constant debt reminders, calls and messages on social networks has not been canceled, so collectors will take on you with renewed vigor. To the point:

➖ Information about the outstanding debt will remain in the credit history - unlike the first option, in which data on the actual date of loan repayment is still entered into the credit history.