How banks circumvent the requirements of the law on sewers

© Fotolia / davidolkarnyРазговор on the phoneHow banks circumvent the requirements of the law on sewers© Fotolia / davidolkarny

Six months ago came into force the law № 230-FZ, also known as the law on sewers. It severely restricted the ability of businesses to collect debts. But as it turned out, the law still found a loophole, however, use her yet dare not all. Details — in the material RIA Novosti.

Additional agreements

Collection agencies that strict supervision which is now exercised by the Federal service of court bailiffs (FSSP), assure that the last six months behave quieter water below the grass and strictly observes the law. Phone calls — no more than two times a week, TEXT messages — no more double standards from the calls.

But banks have learned to avoid these restrictions. The law however, they do not break — in it there is a clause, the creditor and the debtor may conclude an agreement establishing the frequency of interaction at the discretion of the lender.

Ahead of the curve

The banks themselves are not willing to recognize the use of this loophole.

«Frequency of interaction with debtors does not exceed the limit established by the current legislation. Therefore, no additional agreements with customers for this reason is not» — said the press service of the Bank «home credit».

But, as explained in one of the largest collection agencies «Sequoia Credit consolidation», they come packs of the loan agreements from banks with additional agreements that allows you to call customers more than the law prescribes. According to collectors, most such treaties were concluded in the second half of 2016. But, according to the Vice-President of the Association Elena Dokuchaeva, such agreements are beneficial to borrowers: if the client agrees to the terms of the creditor to recover overdue debts, he can offer him more favorable terms on the loan.

«After all, the creditor in this case, there are more opportunities to repay this debt. The smaller the lender the ability to return the debt, the more risk he will lay in the interest rate,» she explains.

Collectors divided

After buying debts from the Bank enhanced penalties that banks prudently prescribed in the treaties, in theory, can be used by collectors.

However, as described in «Sequoia», many of the major market players of this right are not using: fear of punishment by the regulator — FSSP — up to exclusion from the registry.

Not all players, however, agree with this approach.

According to him, the share of such contracts with rashirenie possibilities of penalties the Agency is still small, but when they come — collectors use all rights.

To be afraid of here, according to Dmitrakova, absolutely nothing. «The borrower has signed a contract with the Bank, and the sale of debt all rights go to the manifold — it’s that simple,» he says.

Open communication — dialogue took place

However, the players admit that the new law somehow causes them to exercise the utmost caution. Too many nuances in it that the regulator is not explained how to interpret.

«It is unclear what is considered a contact, often it happens the connection is broken. In this case we believe that man spoke, although no dialogue has not occurred. In the end we have one call a week,» explains the representative of «Sequoia Credit consolidation» Anastasia Krivelskaya. © RIA Novosti / Ruslan to Krivobokova in fotoracconti lending in the shopping center «Gorbushka»How banks circumvent the requirements of the law on sewers© RIA Novosti / Ruslan to Krivobokova in fotoracconti lending in the shopping center «Gorbushka»
And day and night

While banks and collectors are thinking about how to interpret the new law, the savvy already shown a microfinance institution. They began to send to debtors at night, SMS advertising their new products, complementing them with the requirement of repayment of debt. Communication with debtors under the guise of advertising proposals, the law does not restrict.

One of the largest Russian — MFIs «Home money» — have been caught in such. The company recognizes that the Central Bank do now is a trial. But explain the incident a «technical glitch» to blame careless, the mobile operators, because of which the distribution came customers not a day and night. Serious sanctions of the Central Bank in the «Home money», do not expect the company will get off with a fine, and most likely insignificant.