How often have we heard in the media lately about the lawlessness of debt collectors?! In Iskitim, a woman was raped in front of her beaten husband and son; in Ulyanovsk, debt collectors threw a Molotov cocktail at the debtor’s window and caused burn injuries small child, in the Urals the work of the ambulance was completely paralyzed and kindergarten, because the collectors have set the numbers to auto-dial. There were indecently many similar examples.

It has become obvious not only to borrowers, but now also to deputies that a separate law on collectors and a tightening of their activities is needed.

And such a bill was adopted in mid-June 2016, and 6 days later it was approved by the Federation Council. The changes came into force on January 1, 2017.

So, what does this law promise for borrowers? What can collectors do and what are they prohibited from doing? Who will control their activities? What negative consequences does the 2017 law on debt collectors have for potential MFO borrowers in the future?

Collectors Register

From January 1, 2017, only those agencies that have been tested for compliance with the requirements of the law against debt collectors and have received a special license to carry out this activity (debt collection) can carry out collection activities. A list of such agencies can be found on the FSS website http://fssprus.ru/gosreestr_jurlic/ or on our website in a special searchable service.

Among the minimum requirements:

1. Availability of your own website indicating licenses, contact numbers and other details in the public domain
2. The minimum asset threshold is from 10 million rubles.
3. Mandatory liability insurance in the amount of at least 10 million rubles.

Other organizations that are not included in the state register and have not received a license can continue to operate starting January 1. For violation, legal entities will face a fine of up to 2 million rubles. By the way, on December 30, only 10 spacecraft out of hundreds of existing ones were included in the register.

Set of rules for collector behavior according to Federal Law No. 230

So, the following can interact with the borrower and 3rd parties:

From now on, debt under an assignment agreement can only be sold to a bank or a CA from the registry. Accordingly, the sale of debt to individual entrepreneurs, individuals and other organizations is prohibited.

Separate requirements are imposed on employees of collection agencies. From now on, they do not have the right to hire persons with an open criminal record, as well as those located abroad of the Russian Federation. Also, collectors must be located exclusively on Russian territory. Any contact with the borrower from outside is illegal.

• Any communication between the collector and 3 persons (relatives, acquaintances, friends, work colleagues and all those whose numbers were indicated in the questionnaire) will be limited. That is, without the written consent of the debtor or a third party, the collector will not be able to conduct a dialogue with them. If there was a clause in the loan agreement that allowed for communication with third parties and the borrower signed such an agreement, agreeing to all its terms, then at any time this consent can be withdrawn by writing a regular application addressed to the director of the MFO.
• Collectors are prohibited from posting any information about a borrower with a debt on the Internet, residential buildings or other buildings. It is also prohibited to report the presence of a debt to the debtor’s work and to conduct any conversations about the borrower’s debt with his employer and colleagues.
• From now on, consent to transfer the borrower's debt to the CA or to a new lender must be contained in the format of a separate document, and not in small print at the end of the loan agreement. Moreover, at any time, even immediately after receiving the loan, the borrower can withdraw consent to transfer the debt to the CA or to a new lender. This means that the credit institution will not be able to sell the debt under the assignment agreement or submit it for collection to the CA.
• According to the new law, you can interact with the borrower only through personal communication at a meeting, via SMS, telephone and mail. At the same time, calls and SMS messages must come from numbers registered to the collector or creditor; numbers cannot be hidden.
  Moreover, collectors are required to keep records of all telephone conversations/SMS and store them.
• The Anti-Collection Law of 2017 also regulates the frequency and time of calls. So, for example, communication with the debtor must be carried out at certain hours:

1. On weekdays from 08:00 to 22:00
2. Saturday and Sunday from 09:00 to 20:00

• The number of calls/meetings and SMS is also limited. You can meet with the borrower in person no more than once a week. You can call:

1. No more than 1 time per day
2. No more than 2 times a week
3. No more than 8 times a month

• A complete ban on any interaction with the debtor if:

1. He is in bankruptcy proceedings
2. He was deprived or limited in legal capacity
3. Currently undergoing hospital treatment
4. Was recognized as disabled group 1
5. Is a minor

Naturally new law about collectors prohibits:

• Use force or threaten
• Cause harm to health and life
• Cause damage to property
• Influence the borrower psychologically
• Mislead the borrower and contact persons regarding the amount of the debt, the timing of its repayment, etc.
• You cannot introduce yourself with fictitious names, impersonate law enforcement officers, bailiffs and other government agencies, wear clothing similar to the uniform of any department, identification stripes, etc.
• You cannot talk with the borrower about initiating a lawsuit, further collection by bailiffs, possible criminal liability for non-repayment of the loan, etc. This means that The collector, during a conversation with the debtor, has the right only to announce the amount of the debt and inform about the details for its payment. All. Any mention of words such as “court”, “prison”, “prison”, “fraud”, “bailiffs”, criminal prosecution”, etc. strictly prohibited.

According to the new law, how can you get rid of the debt collector once and for all?

One of the most important points of the law on debt collectors is the borrower's right to refuse any contact with debt collectors. The borrower acquires this right after 4 months from the date of the delay. To get rid of debt collectors once and for all, you need to write a corresponding application and send it by registered mail with return receipt requested to the CA and the creditor. After such a statement, the collector has no right to contact the borrower in any way.

Thanks to the new law on debt collectors, in 2017 it will be impossible to combine debt collection activities with the provision of microloans or any other type of activity. This means that MFO employees (personal managers, collection departments, security service, etc.) cannot collect debt on their own.

The amount of debt will not grow!

Due to the fact that the law on collectors was adopted, in 2017 there was new article in the Federal Law on MFOs. Now the maximum amount of debt is regulated by the state. Borrowers from now on do not have to worry that the debt from the principal amount of 5,000 rubles will grow to 150,000 thousand. This is not possible thanks to the new amendment.

When developing a new law on collectors, a new article 121 was added to Federal Law No. 151 “On microfinance activities and microfinance organizations”, which regulates new order accrued interest in case of delay.

According to it, in the event of a delay, the MFO has the right to accrue interest only on the remaining amount of the principal debt and until the amount of accrued interest reaches twice the amount of the outstanding portion of the debt. This means that the debt will stop growing and will stop as soon as the interest debt reaches the specified amount.
The changes will affect only those loans for which agreements were concluded on January 1, 2017.

Who will control the activities of collection agencies in 2017 in Russia?

In mid-December, the President of the Russian Federation signed a decree that gave the FSSP obligations to monitor the activities of collectors. But the Ministry of Justice in the same decree is called upon to carry out legal regulation of activities for the return of overdue debts of individuals and individual entrepreneurs.

Thus, a special department will be created on the basis of the FSSP, which will include more than 300 specialists throughout Russia. It is they who will maintain the register of collection agencies, take measures to include/exclude KA from the list of “selected” ones, and carry out supervision and verification of collectors.

Therefore, the most important body to which you need to complain about the actions of a particular agency is the FSSP, and not the Central Bank or Rospotrebnadzor.

How beneficial is the law on debt collectors for borrowers?

With the entry into force of the law on debt collectors in 2017, borrowers can breathe easy. As practice shows, in the first month of the new year, the actions of collectors weakened only by an iota from previous indicators. Judging by the reviews, the number of calls has dropped by an average of 10-15%, but threats over the phone have not gone away. Collectors are still not shy in their expressions and put pressure on debtors using all available and inaccessible methods, including those prohibited by the new law.

Obviously, this will continue until the supervisory authorities “remove” from the market the companies that operated before 2017, but did not receive a license to carry out collection activities in accordance with Federal Law No. 230.

And from large companies that have received a license, it is difficult to expect fundamental changes in the methods of collecting overdue debts that will comply with the technical specifications. Most likely, this will be the case until the FSSP and the Ministry of Justice are inundated with complaints from borrowers regarding violations of the law on collectors by one or another collection agency.

What negative consequences could the 2017 debt collector law bring to borrowers?

Of course, the new law on debt collectors will make it more difficult for debt collectors to collect overdue payments. However, on the other hand, it will also hit MFO borrowers.

The fact is that most microfinance organizations, even at the stage of checking a potential client, calculate which of the risky borrowers will be able to collect the debt in case of non-repayment, and on whom it is better not to waste physical and financial resources.

After Federal Law No. 230, many MFOs will simply raise the bar for potential clients with high risks. And if previously they could easily get a microloan from an MFO, now they are unlikely to be able to do so.

Well, there is a high probability that MFOs will begin to “go” to the courts, which was practically not observed before.

If previously more than half of the debtors calmly waited until the expiration of the statute of limitations, after which debt collection through the court was practically impossible, now this is unlikely to happen.

The fact is that with the new law, small agencies will leave the collection services market. Their place will be taken by large players, and it is much more profitable and convenient for them to work with a bank portfolio of credit debt than with microloan borrowers. From this it is quite possible to assume that it will be quite difficult for MFOs to find collectors to collect debts from their borrowers. And if so, then there will be no other option but to go to court.

And in this case, the debts will be collected by bailiffs, who have the authority to forcibly collect the debt.

What did the law on collectors give us?

As a result, we received a bill that, on the one hand, protects debtors, and on the other hand, hits them and potential borrowers of microcredit organizations in the future.

As a result, we received a set of prohibitions and rules that collectors cannot violate, but statistics showed that their actions have remained virtually unchanged since the new law on collectors came into force.

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IN modern times The number of credit loans among the Russian population has reached simply incredible heights, because according to statistics, now every third resident of the country has a fairly impressive loan behind him. However, the problem was that due to the poor economic situation in the country, many Russians were simply unable to pay their bills, because they more often began to come to banks asking for a review credit conditions. A logical question arises: Will there be a credit amnesty in 2017, because for many, such a way out of that situation is the only way to pay off debts.

Subtleties and features of the issue of credit amnesty

Many borrowers are misled by the word “amnesty,” because it makes them think that this procedure will allow a person to completely forget about his debt. However, practice shows that the situation is a little different, because practice shows that this event is associated with a revision of lending conditions. A loan, in essence, is an agreement on financial relationships, and when the parties sign it, they discuss the fact that the loan implies a certain interest rate for lending, and in case of late repayment, the person must pay a fairly significant fine. If the borrower refuses to pay, the amount of the fine increases to incredible heights, as a result of which payment of the loan becomes almost impossible.

Repayment of the loan begins with the repayment of interest - fines, and the principal amount is paid on a residual basis, however, if the size of the fine increases, the time to repay the loan increases, and in this case, the credit amnesty will be useful to Russians.

The new bill on credit amnesty in 2017 in Russia suggests that the maximum loan rate will now be fixed by the corresponding bill, therefore, now the bank will not be able to raise the interest rate above that established by law. Moreover, a number of positions that were previously subject to fines and restrictions will no longer cause inconvenience to borrowers if a person is unable to repay the loan (interest in this case is not a particularly important thing). And the most important feature of this law is the prohibition on the rapid payment of debt obligations and the accrual of monetary sanctions on it.

Who needs it?

Most of all, the 2017 credit amnesty law in Russia Of course, those Russians who are already faced with issues of paying off loans are concerned, because for them, fixing the debt in one amount and reducing interest will be quite good news. However, on the other hand, these procedures will be very unprofitable for their own banks and financial institutions, because they earn money precisely by paying interest, therefore, they will not be too happy about such an innovation, however, the authorities assure the population that this innovation will be beneficial for all people. It is quite simple to explain this statement - the authorities have provided a number of monetary compensations for organizations that will fall under the credit amnesty, as a result of which each party will receive its own benefit, and it will be very small. It is also worth emphasizing that the amnesty affects not only banks, but also microfinance organizations, which are especially popular today, so it will also apply to them.

Who can count on benefits?

It is not recommended to think about the credit amnesty from January 1, 2017 will be intended for every borrower, because usually only some borrowers receive it. Deputies are discussing the issue that only conscientious citizens who have interest debts, but at the same time have a positive credit history (problems can arise for any person, and in a crisis they happen very often) can count on receiving credit benefits. This law will allow a person to fully repay the amount of his principal debt, and only then switch to interest, although previously Russians did not have such an opportunity.

As a result of the introduction of the law, the debt of most citizens to banks and other organizations providing loans will be eliminated, therefore, the credit history of most Russians will be improved. Soon they will be able to afford to take out loans on more favorable terms, and financial organizations, in turn, will receive monetary penalties.

In modern times, it often happens that a person, in order to repay one loan, takes on taking out another, however, subject to an unsatisfactory borrowing history, he can only be offered those conditions under which high interest will be charged on each loan. As a result, payments increase, and the borrower’s quality of life decreases,That's whyreviews of credit amnesty 2017 for individuals There are only positive ones, and there is nothing surprising in this. The new bill will allow citizens to break the almost “closed” circle of debt obligations, which will have a positive impact on the creditworthiness of the population and the country’s economy.

What does the law say about loan debtors?

The problem of non-repayment of borrowed funds today is quite acute not only for banks and other credit institutions, but also for their clients. There are several reasons for this situation.

This is both a difficult economic situation and low financial literacy citizens, and misconduct collectors. To resolve the problem and protect the rights of debtor citizens, several regulations have recently been adopted. Let us consider what measures are provided for by these documents.

Innovations

There are several main legislative changes that came into force in 2017 and relate to loan debtors:

• Art. ceased to apply. 15 of the Law “On Consumer Loans”;
• extrajudicial debt collection through a notary has become possible;
• A new law “On the protection of individuals during debt collection” came into force.

In other words, the problem of loan repayment turned out to be so important that a new, separate regulatory act was adopted to regulate it in detail. The provisions of the new law concern, first of all, collectors, as well as microfinance organizations. A number of provisions of the new act relate specifically to their activities.

What exactly has changed for banks and their borrowers? Let's take a closer look at the innovations that have come into force recently.

Pre-trial collection procedure

Previously, credit institutions had two main opportunities to obtain the return of borrowed funds from insolvent debtors:

• achieve this through the courts;
• assign the debt to a collection agency.

The first path is long and expensive, and the second is not very legal and is approved by society and law enforcement officers. But now there is a third way - completely legal and not requiring going to court. Legislators have involved notaries in debt collection.

The new, pre-trial procedure for collecting loan debt will affect those borrowers who entered into an agreement after the adoption of the law, that is, since July 2016. Their contracts must contain a condition allowing the bank to use this procedure for repaying debts in case of delay.

Read also: Average receivables turnover period

The bank does not have the right to revise existing agreements. Therefore, before signing, you should carefully read the document and clarify this point.

In the event of a delay, and if the debtor does not take action to defer or restructure the loan, the bank has the right to use the help of a notary to repay the debt. The executive inscription of this official will be equal in legal force to a court decision and will give the right to transfer the obligation to collect the debt to bailiffs.

However, the use of such a measure, although it will make it easier for banks to repay borrowed funds and interest on them, requires compliance with a certain procedure:

• When a delay occurs, the debtor must be notified;
• wait two weeks, this is the period given for repaying the next payment or contacting the bank to solve the financial problem that has arisen;
• submit to the notary the loan agreement and a dated copy of the notice sent to the debtor;
• obtain a writ of execution on the contract;
• go with this document to the FSS to transfer it to the bailiff.

In this case, certain requirements are also imposed on the actions of the notary. The duration of the debt must not exceed three years (statutory limitation period). The demand for a refund must be indisputable, which is confirmed by the signatures on the contract.

If the text of the agreement does not stipulate the use of pre-trial procedures, then the notary will not make an execution inscription.

Video: How to reduce debt in court

Law on Debtors on Home Loans and Auto Loans

Changes in legislation on interaction between banks and loan debtors will not affect mortgages. Such loans are issued against reliable collateral - an apartment or a house. And in case of non-payment of the debt, the bank will receive the required amount in another way. In particular, by selling the real estate pledged to him.

It is worth remembering that the bank has the right to receive the issued funds at the expense of the collateral even in the case when the housing purchased with a mortgage is the only one owned by the owner. The property is sold at a special auction, after which the bank takes the funds due to it and transfers the balance to the former owner.

Despite the fact that the bank has the right to dispose of the collateral real estate in this way, it can do this only by a court decision.

So mortgage debtors do not face a simplified procedure for debt collection. Everything will happen as before, with attempts to come to an agreement with the borrower, filing a lawsuit and obtaining a decision on eviction and collection of funds from the collateral.

But in the field of car lending, the ability to collect funds on an overdue loan will find its application. Although, according to experts, banks will resort to it only if the duration of the delay is already close to a critical point, beyond which it will no longer be possible to obtain a writ of execution from a notary.

The bailiffs who receive the writ of execution will return the funds issued as a loan, but this will take time. Seizing a car, confiscating it from the owner, appraising and selling it is not a quick process.

In addition, there is no guarantee that the debtor did not get rid of the problem property. However, the introduction of a register of information about pledged property makes this almost impossible. The buyer can check the proposed purchase online for any existing encumbrances.

On the collection of penalties from the developer. Find out further.

Changes for collectors

The largest number of changes introduced by the new debtor protection law concerns the activities of debt collectors. From now on, their communication with the debtor is subject to fairly strict rules.

And the first of them is registration in a special state register. If it does not contain information about the company to which the debt was assigned, then its representatives do not have the right to communicate with the debtor in any way. For violation - a fine reaching 2 million rubles.

But collection agencies listed in the register will also have to adhere to the requirements of the new law.

For example, their communication with a person who is behind on loan payments is limited only to:

• personal meetings;
• telephone conversations;
• text messages via electronic networks;
• by mail.

All other methods of interaction are possible only with the consent of the debtor, expressed in writing. And the borrower can revoke it at any time. For example, in cases where debt collectors violate the legal requirement to act reasonably and in good faith.

The following actions are clearly interpreted as violations:

• threats to health, life or property;
• carrying out such threats;
• psychological pressure;
• use of any methods and methods dangerous to people;
• humiliation by word or action of honor and dignity;
• misrepresentation regarding the amount of debt, repayment terms, etc.;
• abuse of right.

The debtor must be notified that an organization other than the bank is involved in interacting with him regarding the repayment of the loan. This is done by written communication, delivered against signature in person or sent by registered mail. The notice period is one month. The same document must contain information about the transfer of personal data.

This information may not be used in the future without written consent. It is prohibited to inform anyone about the existence of the debt, its size and other circumstances surrounding communication with the bank and collectors. This is a secret that is protected by law.

The debtor also has the right to apply in writing to the creditor bank or an organization attracted by it. The letter may contain questions regarding the amount of the debt, the terms or conditions of its repayment. The creditor and the organization representing him must also respond to such an appeal in writing. They have a month to do this.

All damage that banks and debt collectors cause to the debtor, his property, and the health of relatives (moral damage) by their actions beyond the law is required by law to be fully compensated. And pay a fine in favor of the state for using unacceptable methods of debt repayment.

For the collectors themselves, how legal entities or individual entrepreneur, strict limits have been established, in addition to mandatory inclusion in the state register. Thus, activities to facilitate debt collection must be indicated in the statutory and registration documents as the main one.

Such a legal entity can only exist as a society. Participants and staff of the collection organization cannot have a criminal record, etc.

Bankruptcy as a way out of the credit hole

If for any reason it is not possible to repay the loans taken, citizens have the right to declare themselves bankrupt. The Law on the Insolvency of Individuals has been in effect since the fall of 2015.

But to file an application for personal bankruptcy in court, it is necessary that the amount of the debt exceeds half a million rubles, and the delay is more than 3 months.

The procedure for applying disciplinary sanctions. Find it at the link.

On the collection of alimony. More details here.

After completing a fairly lengthy and complex procedure, the borrower is considered completely debt-free. But he is obliged to report this fact when applying for a loan for another five years. Which, of course, will not be a plus when making a decision on a loan.

What will happen to debtors in 2017?

Debtors on loans and borrowings, defaulters of utilities are anxiously awaiting further tightening of the screws. But there is no need to escalate the situation. 2017 will also be rich in positive events that will make the lives of citizens better. So, what awaits debtors in 2017?

Read also: Website of the Arbitration Court of the Republic of Tatarstan official website

The most positive event of next year will be the entry into force of the law “On the protection of the rights of individuals when carrying out activities to repay overdue debts.” The law comes into force on January 1, 2017, allowing debtors to breathe a sigh of relief.

According to the law, debtors will have the opportunity to completely refuse personal meetings and telephone conversations with debt collectors. The reasons for such a decision do not matter. The main thing is to send the application to the collector by registered mail with acknowledgment of delivery. The form of this application will still be approved by the authorized body, but it must either state the citizen’s desire to refuse to interact with the collector, or indicate that interaction will be carried out only through the specified representative.

Debtors can send such an application to collectors no earlier than 4 months from the date of delay in fulfilling obligations. Having received such a letter, collectors will no longer be able to work with the debtor through telephone calls or personal meetings.

In general, even if the debtor does not refuse to interact, the number of contacts with him should be strictly regulated. In particular, collectors will not be able to call debtors more than once a day, 2 times a week, or 8 times a month. Personal meetings are allowed only once a week. SMS can be sent no more than 2 times a day, 4 times a week, 16 times a month.

Restrictions
Various restrictions that apply to defaulters remain an effective tool of influence in the hands of bailiffs. For example, the ban on traveling abroad forced debtors to return more than 20 billion rubles in the first 9 months of 2016, which is 2 times more than in the same period in 2015. In total, as of the end of October 2016, restrictions on traveling abroad were in effect for 1 million Russians.

Since January 2016, bailiffs have the opportunity to restrict debtors’ right to drive a car. The use of this measure and the threat of its use forced debtors to pay at least 1.9 billion rubles. Almost 220 thousand debtors have experienced restrictions on the validity of their driver's licenses.

All these measures await debtors in 2017. True, changes may affect the speed of lifting restrictions on traveling abroad. In particular, it is proposed to speed up the procedure for citizens who have fulfilled their obligations and paid off their debt.

Debt collection without court
Thanks to the adopted amendments to the “Fundamentals of Legislation on Notaries,” banks were able to collect debts without court. After a 2-month delay on the loan, the bank, having received a writ of execution from a notary, can immediately begin working with bailiffs, bypassing court proceedings. Thus, the debtor will not even have time to look back, and the bailiffs will already come to him. Read more about this in the material “Can banks collect debts without court? »

Bankruptcy of individuals
Although, according to experts, the potential number of bankrupts who have debts of more than 500 thousand rubles with a delay of 3 months is about 600 thousand people, nevertheless, not everyone is in a hurry to receive the status of insolvent. During the year the law on bankruptcy of individuals was in effect, only about 30 thousand people filed for bankruptcy.

The unpopularity of the mechanism is explained by the high cost of the procedure. In particular, not everyone can find the funds to pay for the services of an arbitration manager. However, legislators have slightly reduced the financial burden of potential bankrupts. At least from January 1, 2017, the state duty for individuals when filing a bankruptcy petition in court will be only 300 rubles, and not 6,000 rubles, as was previously the case. For now, this is a small step towards making the bankruptcy procedure cheaper, but there is hope that things will not stop there.

Arrest of the only home
Reports regularly appear about how the arrest of the debtor’s only home contributed to the repayment of the debt. Today it is impossible to sell your only home for debts, but they have allowed to seize it. Perhaps in 2017 this measure of influence will be used even more often. You can find out what the arrest of an apartment threatens citizens with from the material “The only housing of debtors will be seized.”

They say foreign countries debtors were written off $140 billion over 20 years

Good afternoon I am 56 years old. Today I am a pensioner, I receive a pension in the amount of 9364 rubles. I took out 2 loans from Rosgosstrakhbank. I didn’t pay until the end, I had to wait 5 months. The main debt was 50,403 rubles. The loan agreement did not terminate. Every day a penalty is charged for non-payment. And now I have to pay the bank a debt in the amount of 198,308 rubles (data as of January 2017) and on the second loan - the principal debt was 32,830 rubles, now it is 158,648 rubles. How to freeze this delay. Yes, I violated the terms of the loan agreement by not making payments on time... BUT I am a law-abiding citizen, I am ready to pay the technical overdraft amount gradually, because... I don’t have that kind of money right now. And there is no property to sell. An apartment in which all family members of 5 people are registered? There are only debts. What to do in this situation? Tell me who to contact? Who can resolve this issue with? Or just forget about everything and live, waiting for your death.
I do not agree with this debt, since I was not notified in a timely manner of fines for the penalty.

There is only one conclusion from all these stories: live on what you have earned. Save up for a car and buy it. What difference does it make to you: give the bank a payment every month or put this payment into your piggy bank so that you can buy a car later?

What should single mothers who live on benefits of a couple of thousand, who ex-husbands hiding to avoid paying child support? How to survive and pay off loans?

They persuade you, beg you to take a loan from them, and then they are surprised that they don’t pay it back

Magazine headings

What loans will be forgiven to Russians in 2017?

In the background large number loans issued, the number of overdue loan obligations is growing at a catastrophic rate. Alarming figures appeared back in 2015 - at the end of December, outstanding loans stood at 15%. In the first month of next year, the figure increased by 3%. Current year didn't improve the situation. Debtors have high hopes for the credit amnesty. Will Russians really have their loans forgiven? And if they forgive, then to whom and what kind? They will probably be foolish enough to accept a general amnesty.

Grounds for credit amnesty

The situation of ordinary Russian borrowers who are unable to repay their loan debt to banks or microfinance organizations cannot be envied - due to penalties, the amount of debt increases at incredible speed. Not only do borrowers suffer, lenders also suffer losses. What led to such a deplorable situation in the lending sector?

1. Availability of microloans . The borrower easily receives money from a microfinance structure, where he is not required to provide collateral or a guarantee. Often these items simply do not exist. Show your passport and get money.
2. Irresponsibility of borrowers . This aspect has two manifestations: lack of an adequate assessment of personal financial strengths and financial illiteracy.
3. Declining incomes of Russian citizens during the economic crisis . The argument is weighty. It is difficult for an ordinary person who decides to take out a loan to calculate it.

Rules by which the new law on collectors works from January 1, 2017

New law on collectors

From the beginning of the year, the activities of collection agencies in Russia will be carried out taking into account new legislative acts. The main change was the need to include a debt collection company in the unified state register of the FSSP.

Organizations that will continue to operate without considering new law on collectors of 2017, will be subject to penalties (in the amount of up to 2,000,000 rubles). They will also be held accountable until trial.

Where did the new rules for collectors come from in 2017?

Citizens, those who have committed delays on credits (loans) faced problems that significantly interfered with their usual way of life. The debt of the bank or microfinance organization was transferred to a collection agency for collection from the debtor. In turn, the activities of collectors were not properly regulated, which is why they created chaos. Namely:

• exceeding assigned powers;
• intimidation of citizens who have debts to creditors;
• threats of physical violence;
• threat of reprisal through harm to family and friends;
• use of physical force and harm to health;
• damage to property;
• insult, slander, dissemination of humiliating information in the borrower’s area of ​​residence;
• exerting psychological pressure.

New rules for collectors- simply necessary to protect the rights of citizens who have made late payments or who are unable to close the loan agreement on time.

Only overdue debt can pass into the hands of collectors

Bill Federal Law-230 “On the protection of the rights and legitimate interests of individuals when carrying out activities to repay overdue debts” and on amendments to the Federal Law “On microfinance activities and microfinance organizations” (formerly MFOs, now MFC and MCC) was signed by the President Russian Federation Vladimir Putin back in July 2016. The normative act was adopted by the State Duma on June 21, 2016. Approval by the Federation Council occurred on June 29, 2016.

The provision applies only to individuals, and only to overdue debt to a bank or microfinance organization. The standards of the new bill do not apply to citizens’ debts for housing and communal services. The right to work with defaulters received only by credit institutions whose main focus is the collection of overdue debts.

What rules must collection agencies follow?

1. Compliance with the conditions " maximum quantity information" within 24 hours, 1 week and 1 calendar month.
2. Prohibition of information during non-working hours. On weekdays (from 22 to 8 am), on weekends (from 20 to 9 am).
3. The collector is prohibited meet with the debtor in person more than once a week, communicate by phone - more than once within 24 hours, twice a week and eight times a month.
4. It is prohibited to cause harm to the debtor (in any form), use physical force, threaten, exert psychological pressure on a citizen, or damage personal property.
5. Not allowed information disclosure about the identity of the borrower and about his problems to third parties through all means of information.
6. An agent has no right to hide information about his identity and information about the agency whose interests he represents.
7. To collect debt from a borrower, it is not allowed to involve more than 1 employee at a time.

Please note that the debtor has the right to refuse to communicate with one or another representative. In turn, collectors have the right to ask for additional meetings or transfer communication to other forms not provided for by the new law. Provisions are possible subject to the conditions of the conclusion additional agreement with the client. If you look at what rights collectors have under the new laws based on the old loan agreement - none. Be careful when applying for consumer loans; additional clauses are already present in the rights and obligations of the parties.

Why do you need a loan repayment certificate?

• If you have a lending relationship with a bank (or non-banking organization), you are required to comply with the terms of the agreement. The loan repayment certificate is confirmation that you have fulfilled your obligations in full. This is a kind of guarantee against cases when, after a few years, for unknown reasons, debts on paid loans emerge.

Who can collect debts?

• Companies that are included in the state register of the Federal Bailiff Service (FSSP).
• The company must have assets worth more than 10,000,000 rubles.
• Liability insurance for causing losses in the amount of at least 10 million rubles.
• The organization must maintain a website with open access via the Internet.
• Collection agency employees There cannot be citizens with an open and unexpunged criminal record. As well as citizens who have diseases that prevent them from working with people.

On January 1, 2017, Law No. FZ 230 came into full force. But you should not assume that the rights of debtors will be respected 100%. Firstly, a client of a credit institution who does not pay his bills is by default wrong (since he has violated contractual agreements). Secondly, new bill is not perfect, collectors will quickly find loopholes in order to work within the law. Examples of violations of the law, new schemes:

This is just a small list of requests that our online consultant received. Many companies switched to auto-informers; moreover, they began to inform not only their clients, but also outsiders. Work colleagues and managers, close and distant relatives, ex-spouses, old friends. But most of all, collectors like to put pressure on the debtor through his elderly parents or grandparents.

Content

The population of Russia is mired in debt loans, debt to banks reaches fabulous amounts, and therefore a credit amnesty in 2017-2018 is a necessary condition for the normal development of the banking sector. The difficult economic situation, the introduction of sanctions by the US and the EU, the collapse of the national currency, the annexation of Crimea in 2014 - all these are factors of instability in the financial sector, which led to the development of a bill on credit amnesty back in 2015.

Will there be a credit amnesty in 2018?

Industry experts believe that a credit amnesty law is simply necessary. The project is currently being finalized by the Committee. State Duma on the financial market, and it is likely that it will be adopted and come into force on January 1, 2018. This will significantly alleviate the situation of the majority of Russians who currently do not have the opportunity to pay their debts.

Reasons and background

The crisis situation in the economy, which is observed several times recent years, led to massive impoverishment of the population. Unable to calculate their financial capabilities, poor citizens rushed to borrow money from banks to cover current debts. Taking advantage of the situation, various microfinance organizations began to charge interest and collect overdue debts, fines for late payments, and demanded that they first repay not the base part of the loan, but the interest on the loan.

The first figures became known to the public in 2015. At that time, outstanding loans were about 15%, and already in the first month of the next year their number increased by 3%. Since then the situation has only gotten worse. Most conscientious borrowers cannot repay the principal portion of the loan, and penalties only contribute to an increase in subsequent debt. Lenders suffer no less losses than borrowers. This is another proof that the credit amnesty in 2017-2018 is becoming a necessity.

Bank statistics on overdue loans

Based on information from the Central Bank of Russia, in mid-2018, loan debt amounted to about 10,903 trillion rubles. This huge amount is a clear indication of how many citizens of our country have fallen into debt bondage. Such debts affect the interests of not only individuals, but also financial organizations, which, acting in the old fashioned way, have created a closed cycle from which there is no adequate way out. It is difficult to predict whether the credit amnesty will be a timely salvation for the population.

According to the latest statistics, TRUST and Russian Standard banks account for 47% and 42% of debt in their loan portfolios, which is almost half of the total number of loans issued. The top ten included such banks as Rosgosstrakh, MTS-Bank, B&N Bank, MDM Bank, Vostochny Express and Alfa-Bank.

Bank name		Share of overdue loans	Amount of debt in million rubles	Total volume of loans issued
Russian standard
Rosgosstrakh
Orient Express
Alfa-Bank
FC Otkritie
Credit Europe

What is loan amnesty

If the credit amnesty in 2017-2018 comes into force on January 1, this certainly will not mean that borrowers do not have to return the money they borrowed at all. This is just a chance for citizens with a damaged credit history to try to pay off debts from microfinance organizations and banks. A number of measures will be taken that will become an outlet for conscientious payers who, for objective reasons, cannot pay on schedule.

There will likely be certain caps on interest rates and caps on penalties. It is still unknown which regulators will review the terms and whether changes will affect existing lending rates. In any case, no one will cancel the obligations that are recorded in the loan agreement signed by the individual. The 2018 credit amnesty remained on paper, perhaps next year everything will be different.

Goals of the state banking amnesty program

The state program is designed to help borrowers get out of the debt hole and pay interest on the loan based on the amount of real income; slightly reduce the financial illiteracy of the population and stop the accumulation of non-performing loans. Preliminarily provided:

• Decline interest rates on an existing loan;
• cancellation of fines and penalties after repayment of the base rate;
• limiting the size of monthly payments;
• credit history adjustment;
• cancellation of early repayment requirements.

Mechanism of action

It is not yet entirely clear how the loan debt amnesty will work in reality. Most likely, your credit history will be studied in detail, and some specific decisions will be made on its basis.

1. If a certain limit on the amount of monthly payments is introduced, a new mechanism for debt restructuring may be launched or the term of the contract may be extended.
2. It will not be possible to simply write off penalties; credit institutions will have to return lost profits, and this burden will fall on the shoulders of the borrower. True, the amount that he will have to pay as a penalty will not exceed the amount of the reduced interest.
3. At the beginning, the individual will repay the loan amount, and then pay interest on the loan. This approach will generally improve the financial condition of both lenders and borrowers.

Who needs it

Deputies from the Communist Party of the Russian Federation, who announced this bill, believe that it is equally beneficial to all parties to the conflict, although some representatives of the financial market have their doubts. The main profit of any lending organization, be it a bank or a microfinance institution, depends on interest payments. Therefore, the option of providing monetary compensation through government bonds. Representatives of both sides will receive favorable conditions for solving pressing problems.

Legal regulation

So far, the bill on credit amnesty in 2017-2018 has not been adopted and is being considered by one of the State Duma committees. Information about it first appeared in 2015, and then the credit amnesty was considered a mass phenomenon, and it was assumed that the credit history of all those borrowers who were able to pay off their debts on their own would be corrected. This would allow people to take out a new loan if necessary.

The matter never went further than talk, no one forgave anyone any debts, and the legislative changes never came into force. For more than three years now, there has been a proposal from deputies from the Communist Party of the Russian Federation, providing for such provisions as:

• debt restructuring under new lending conditions;
• rate reduction;
• changing the conditions for issuing loans.

Who is the debt amnesty for?

It should be noted that not all debtors can count on any benefits with the adoption of the law on credit amnesty in 2019-2020. Firstly, it is unknown whether the law will be adopted in the coming years, and secondly, the mechanism of action is still crude and not worked out in detail, and therefore one should not expect much. In an economic crisis, this is better than nothing, but you shouldn’t hope that everyone’s debts will be written off. The application of any applicant for amnesty will be considered individually. It is not known what requirements will be imposed.

Who can take advantage of benefits in 2018

It is known that many citizens from among bona fide borrowers, as well as financial institutions, will be able to take advantage of the credit amnesty:

• banks;
• credit unions;
• individuals - holders of consumer loans.

To do this, it is necessary that nothing in the borrower’s credit history spoils the reputation of the borrower, even the presence of outstanding interest. Such citizens will be able to first repay the loan amount and then pay interest on it. This will help repay debts, simplify the procedure for applying for a loan, and the borrower, who has confirmed his physical and not legal status, will be able to avoid a lot of problems.

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