The problem Alevtina Frost, a private entrepreneur (Kiev): "In 2009 we decided to partner to open an office for small business. Took the computer shop two loans for the purchase of office equipment, using the services of the bank. The amount of each loan is 18 ths. My companion after some time has lost most of the work and was unable to make monthly payments. But I wrote a complaint to the bank, according to which took the responsibility to repay the debt itself. That is, I had to immediately repay the two loans, with which I successfully managed, paying bank with interest of about 47 thousand UAH. After a while my partner Alexander himself went to the bank to make sure it is clean before the credit institution. The fact that we are a small business together, but in parallel, each working at their company. Repay the debt in different branches. In the financial institution he confirmed that the debt repaid. But history, as it turned out, did not end there. I recently phoned a Genrikhovich Vadim, who introduced the collection agency employee at the bank, in which I credited and announced: "Your partner - a crook. He owes the bank 95 thousand UAH. We submit to the court." In response to all the explanations Genrikhovich Vadim said: "We wanted to get away?" No chance! Cook cash. You have only themselves to blame. And in any case with the hand you do not come down. " The caller, do not hesitate in expressions, and threatened that "the case so do not leave." I have a nervous breakdown, I was very scared. "Evaluation of the situation Alexander Kabakov, director of the collection agency Verdict:" Of the many schemes that use the crooks, for a given situation can be divided into two main. Essence of the first is the registration of the credit behind the borrower, using left them for safekeeping or as collateral documents. Often this occurs when informal employment, where passports and taxpayer identification number shall remain with the employer as a guarantee of decency taken at a certain position. Unfortunately, fraud is not so rarely do themselves the bank's employees (agents selling points of credit), which in the presence of a client draw up a loan, but at the last minute inform him of the refusal. Missed the borrower does not even suspect that this disorder awaits him in 30 days, when you call collectors and notified of the existence of arrears on its loan. According to another scheme, the fraudsters have no relationship to either the bank or its collection company, trying to force the borrower to return the money personally in their hands. As a rule, they illegally take out a database with detailed information about individuals, ever who got credit. These criminals use the harsh methods of communication with debtors, so many people succumb to panic and thoughtlessly give cash even in the absence of debt. In this situation, there is a case where the scammers are not treated directly to the debtor and his partner, trying to extract money by manipulating the fact that he could save a colleague, a loved one from a lot of trouble. "Dmitry Kozlovsky, managing partner of ILC Lex Group: The main legislative acts regulating the relations between banks and creditors • Constitution of Ukraine • Ukrainian Criminal Code • Law "On banks and banking activity", № 2121-III dated 12.7.2000, the • Law "On Information", № 2657 - XII dated 10/02/1992, the "First of all, appreciating frankly boorish and inappropriate actions of a person," the representative of the creditor, "I would have avoided the term" collector ". These "lenders" often take out their victims psychologically, call the four in the morning, putting pressure on relatives and friends. Employees of such companies (often a former law enforcement officers) are clearly aware of the subtleties of psychological influence and purposefully put pressure on the weak point of the victim. The activities of would-be creditors - calls, visits home, at work, threats, etc. - violates the rights and interests of citizens and may qualify as articles of the Criminal Code of crime: enforcement or nonperformance of civil liabilities. Interestingly, the involvement of banks, institutions for implementation of obligations under credit contracts is possible only by written authorization of the debtor to the disclosure of bank secrecy. Unfortunately, quite often organizations that specialize in providing services to repay debts, even officially cooperating with the bank ignored the legislation for what they can and should be punished by legal means. Banks, however, are usually quite scrupulous approach to the design of credit instruments. And if Alevtina written statement of loan repayment for your partner, then it is, I think, makes payments on behalf of, or signed a contract of suretyship. These papers, as well as written confirmation of bank debt in the absence of Alexander and will be a valid reason when dealing with potential lenders. "Recommendations Dmitry Kozlovsky, managing partner of ILC Lex Group:" To counter the inadequate actions of these "representatives of the lender, sometimes enough to ask to show the documents about the company (the contract, power of attorney from the bank, etc.). If the calls persist, it is an occasion for a statement to the police. It would be appropriate to determine whether there is such an agency and whether it works with the bank. In this case, all the negotiations, I would recommend to either in the presence of witnesses, or record them on tape. It is necessary to prepare a complaint to the agency and its representative, send a copy of the bank, because such behavior harms the well and its reputation. Yet to be written to prohibit financial institutions to provide and distribute personal data become known to him at the conclusion of the loan agreement. If the bank continues to give out personal information, it violates the law, and is the foundation for going to court. "Alexander Kabakov, director of the collection agency Verdict:" It is necessary to very clearly understand that the staff of collection companies would never claim to pay the debt in cash. They are not "knock out" debts, and engaging in dialogue, seeking a compromise between the bank and the debtor. A redemption is by making money on the borrower's account, as in general, and the usual payment for the loan. But if people still succumb to panic and gave the swindler cash, then he will help the law enforcement authorities are investigating the case and detain criminals. But the duty, if any, the bank still has to be restored. In any case, when an obscure situations should immediately contact the relevant service bank providing all evidence of misconduct "collectors." If it is proved to be fraud, the story for psevdodolzhnika completed successfully. "Do you - I, I - you In Ukraine, high-profile cases with lzhekollektorami was not. All the stories about fraud with credit resolved privately and without much fuss. To a large extent this is due with the fact that banks prevent disclosure of such information, so as not to spoil its reputation. Therefore it is usually protected from psevdokollektorov - deal of the victims themselves. Lviv is one of the victims, becoming the object of the activity of collectors, wrote a statement of interesting content to the prosecutor and the police. They say, "I Am I in the case of the next visit by the Bank N, threatening to take away all my property to use physical force with the use of available tools? If I can, should I confine the application of grievous bodily harm, sinking to their pit bull terrier or I in self-defense any of them accidentally kill him? ". After that, visitors ever forget the address of the lender. But one businessman in Kiev answered stubborn bouncers reciprocate. When it started information attack, he found on the database home phone and address collector, whose name was mentioned in the letters, and he began to send packets of letters with threats to report his illegal activities in the tax, the prosecutor's office, SBU ( State-bodies are obliged to carry out inspections of such treatment of citizens), while nazvanivaya him from 19.00 to 22.00. "collector" was enough for 1.5 months, after which he offered to leave each other alone.
No comments:
Post a Comment