For whatever reason you encounter this profession, it is important to understand a few simple things. In that organization, which is engaged in such business, you have by definition there is no and can not be friends.Some strangers, some strange way to learn your location and get information about your or anybody else's liabilities, unceremoniously violating your constitutional right to privacy. So it looks like the situation from the point of view of the law at the time when collectors first come in touch with you.
And your task - from the first seconds of the conversation to let them know that you know your rights and willing to defend them by all legitimate means. Not to fulfill their obligations, if you have them, of course, is not good. But that does not diminish your rights, but they have enough (and even especially dangerous recidivists in detention they are at least on paper). But the collector they are very few, if not none at all.
But if phone calls and about someone else's debt, you are wrong on all sides turns out just the manifold.
The first thing you should know: you are not required to voice your personal data (name, surname, patronymic, date of birth and other information that you will be asked for identification) on demand by outsiders. And that's bothering you, the official shall be presented completely. Not just by name and patronymic, and give the name, title, organization, where he works, and its legal address. To call it anything other than a name and patronymic collectors do not like (and often they are not recommended service instructions). And while you have not heard a clear full view, flatly refuse to discuss any further: politely but firmly.
The second important caveat. The collector must provide you with documentary evidence claims on your debt to the Bank: contract between him and the collection Agency (assignment, Agency or otherwise), a copy of your credit agreement, the calculation of the amount of the debt.Until that happens, you, under part 1 of article 385 of the Civil code, its requirements in respect of his debt is entitled not to perform. So, until you have received certified copies of these documents, your conversations with collectors is pointless and untenable.Immediately inform the caller that in the course of this legal subtlety. You will likely provide, but the time you win.
If you are a relative of the debtor, in any case do not let the collector understand that you are ready to cooperate with him. No matter how wrong your loved one, you are not responsible for his actions: he is of age, legally competent, otherwise he would of financial liabilities was not. It means to take responsibility for their actions must. Obligations, and not your problem. And they do not touch, let him solve them himself, and their relationship with outsiders you do not discuss.
If collectors can't find your loved one, let them try to contact the police. And he is not authorized to disclose to third parties his personal data. And with private entities, unlike law enforcement agencies, to cooperate you don't have to. And article 51 of the Constitution about the right not to incriminate himself and his family until canceled.Remind the collector that the law enforcement bodies and the court may contact you and will definitely do it if you don't stop to worry, not related to you issue.
Collectors often tell the relatives who and what should be their mentee. In this case, tell the caller that you have to inform the object of their interest, who and under what circumstances we disclose you of its banking secrecy, so he took action. And their willingness to confirm this fact in court, the police, the Prosecutor's office.
Collectors also like to scare children and their relatives by the court and the subsequent visit of bailiffs. Often especially effective this threat against relatives living at the address of residence of the debtor, if he lives at a different address.The fear of these threats is not necessary. The collector is less interested in that went to trial. After all, neither he personally nor the Agency in this case does not work. If the case really goes to court, the Bank may lose. And in the case of a decision in his favor opportunities to delay the execution of the court decision is sufficient. You can appeal for all higher instances up to the Supreme court. In addition, through the court actually accomplish the installment payments from the comfort for the debtor's schedule. Or the amount of recovery be reduced.
The ability to keep the collector on a short leash, however, does not negate the need to return the debt. Or a legitimate way to achieve its reduction or even complete cancellation.If you show a credit agreement with the Bank, a good lawyer, he often will be able to find many clues, allowing the right use of the law to even turn things around so that even the Bank you will be in debt. Yes, and other obligations, such an outcome is quite likely. But that's a separate issue.