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Business / Finance

To forgive is not to keep: what to do if your debt are not wanted?

Banki.ru: themes of the day 23.07.2020 at 21:00

Banking and financial news on the website Banki.ru

In the classical picture of the world the lenders chasing non-payers to "extort" money from them. But what to do when you know what you need, but do not know to whom exactly?

"I never thought that they did not pay"

this Spring, Natalia (name changed) approached the Bank for a loan. She was going to buy property, and it lacked a certain amount. "It was my salary Bank a long time, she says. — I was there "their" customer, they've seen all my income and revenues. I was sure that with the credit I have no problems". However, the Bank turned her down. And as "his" customer was advised to check the credit history.

Through the portal of "public Services", she made a request to the credit bureaus, credit history and was stunned — there was listed an outstanding loan of 15 years ago.

Natalia remembered that really took in 2005, another Bank loan of 20 thousand rubles. According to her, were not for himself: it was necessary to help loved ones who urgently needed money. Gave them received in the Bank the amount, payment schedule and threw the story out of my head. "I never thought that they didn't pay, she says. — I have never called the Bank, did not come any messages, and I was sure that everything is in order."

Natalia met these people, and they admitted that really did not return the money to the Bank. Natalia went to the credit institution, to repay the debt. However, she was informed that the debt has already sold to collectors. "The name of the collection company wrote on a piece of paper — say, look for them and return back to them," says Natalia.

a Search of the collection company on the Internet failed: Natalia found out that a few years ago, she was eliminated. "I called the hotline of the Central Bank, — continues Natalia. — I was given a phone number FSSP (the regulator of collection market. — Approx. ed.). And they said to me no enforcement proceedings are not instituted. The circle is closed".

the Circle is closed, the credit history is spoiled how to fix it — is unclear. And Natalia wrote to the Banks.ru with a request to help her to find your lender.

Looking for editors, looking for collectors

the Editors of the Banks.ru appealed to the National Association of professional collection agencies (NAPCA) to help Natalia find out who is now in the end is her duty, and to figure out what to do. NAPCA has sent the corresponding requests to its members, but while the company, which may be the duty of Natalia, was not found. In the process of searching found the full namesake Natalia (name and date of birth matched) with a much more impressive debt. However, the city and passport details, thankfully, did not match. The search continues.

If the collector — creditor Natalia — there, the story will be completed quickly and relatively painlessly. It will return the ill-fated 20 thousand rubles, will cease to be a debtor and correct credit history. It may be that the original collection company that bought its debt at the Bank hard times sold it to another company, among other assets.

But there is another option: current creditor Natalia to find it will fail and to correct credit history will have to sweat.

This story raises many questions, and we asked market participants to comment on them.

1. Why history of credit was not record of, perhaps, the repeated reselling of debt?

the Collection company with the acquisition of rights requirements on credit becomes a creditor, the Bank, and shall transfer the loan information at the same office to which it passed the Bank. Most likely, says the marketing Director of nbki Alexey Volkov, in violation of the act, the collector or did not make the necessary entry in the credit history, or transfer it to another credit Bureau. Determine this is possible by requesting full information on credit histories to the Central catalogue of credit histories the Bank of Russia.

it is Noteworthy that the sanctions for such violation, the legislation does not and remain at the discretion of the Supervisory authority. We will remind that the supervising authority for the collection market is the FSSP, banks — the Bank of Russia. There you can make a complaint. However, if the collection company is liquidated, and punish there is nobody.

2. Where to go if the collection company who bought the debt no longer exists on the market, and the debt must be repaid?

you Can try to find your collector through the National Association of professional collection agencies (NAPCA), writing to a message through the feedback form. "NAPCA receives all requests using the service "Good report", each of them considering a Supervisory Committee on an individual basis, — the Director of the NAPCA Boris Voronin. — Borrower need to go to the NAPCA website, click "Send message" — and it will go to the application form on the "Good report". Since we are required to obtain the consent of individuals to the processing of personal data, all requests are understood in writing".

3. Why creditors can not call with the requirement to repay the debt?

"the Main reason why this happens is up to date contact numbers, — said Boris Voronin. — The debtor has replaced the phone, did not notify the lender (Bank or MFI), as he is obliged to do, and eventually the connection is lost with it. In addition, the lender, primary, or Tuesday, don't have to call or write, it remains at his discretion".

4. Could the collectors not to report the debt to "cheat" interest, fines and penalties?

According to Boris Voronin, the collectors never accrue fines and penalties are spelled out in the Treaty of cession with each lender. "It is for this reason, many debtors sale of debt is the first step to repair credit history — he points out. — In addition to the lack of penalties the debtor offers individual terms of repayment".

5. If the debt was extinguished as to make an entry in the credit history?

According to Alexei Volkov, the borrower may challenge the information in the credit Bureau, which stores the most recent data on credit. For this you need to make a formal request to the office and write a statement that lists the inaccurate data. "Further, the Bureau appeals to lenders and checks the validity of the claims, he said. — If everything checks out, the credit history is adjusted. But if the creditor, in this case, a collection company, I do not agree with the claims, the borrower will have to apply for credit history repair to the court."

6. If in the end to find the end of the creditor will not be able to return to duty will be no one — will have a lifetime to live with a bad credit history?

According to Boris Voronin, if after contacting the original creditor and after searching through NAPCA there are no results, have a clear understanding of what the secondary lender is no longer present on the market and it did not implement its assets in the form of debt portfolios, it is necessary to begin the process of adjusting the records in the credit Bureau in court. Remember, however, that any Bureau shall conduct a thorough inspection, and the court makes the final decision. Thus, to exercise this right in a fraudulent manner will not work.

7. What steps need to be taken to correct your credit history through the courts?

the adjustment Process is simple but may take time, said Boris Voronin.

1. The subject of credit history (borrower, debtor) must contact all the credit bureaus, where there is incorrect or outdated information about him, challenging.

2. Each credit Bureau within 30 days from the date of receipt of the application, checks the information, sending a corresponding request source to the lender. In the absence of a written response or if the creditor or collector is missing or closed, the credit Bureau sends to the subject of credit history the answer is that credit history is left unchanged due to the fact that the source of formation of credit history not informed about the acceptance or rejection of the disputed information.

3. If an entry in the credit history is not fixed, the borrower/debtor goes to court — required with the application answer the credit Bureau according to the procedure of contestation. The court takes the decision to fix your credit history.

4. The credit Bureau makes a change to record the credit history of the borrower, the debtor by the court.

the Need to apply to the court in such a situation, due to the fact that according to the law "On credit histories" CRB cannot amend credit history.

"It is understood that, if the lender kept silent on the request of the Bureau of credit histories, the change records in the credit history of the court's decision does not mean that the debt is written off, warns Boris Voronin. Creditor may declare and recover the debt through the courts and/or update the data in the credit history".

8. What other possible options of repayment, when a creditor is unknown?

This option is very conditional, which can be considered as a temporary solution can be the notary's Deposit. It allows you to overcome the difficulties encountered in the course of performance of the obligation, and thus avoid possible fines and penalties for late payment.

"Sometimes the debtor willing, but unable to transfer money directly to the creditor, — says the leading lawyer of legal Bureau "Olevinsky, Buyukyan and partners" Artem Kadnikov. The way it does when he knows the whereabouts of the creditor or his Bank details. It happens that for a number of reasons a lender and does shy away from accepting performance of an obligation. This can be done to increase accounts payable, and in case of bankruptcy — to delay the procedure. It is for these, for the most part exceptional cases, the law and provided the possibility of depositing the funds in a Deposit account of a notary."

the Law also provides for the payment of cash to the notary's Deposit, if to repay the debt directly to the creditor, for whatever reasons, impossible. It is necessary to understand what the law requires of the debtor, and in case of bankruptcy of the citizen — financial Manager, to take all possible measures for the transfer of funds to the lender. "As a result, in practice, notaries are reluctant to accept money on Deposit, citing the insufficiency of the measures taken indicates Artem Kadnikov. — Note that in fact depositing funds into the notary's Deposit will not result in the repayment of debt and certainly will not correct credit history".

Tatyana TERNOVSKAYA, Banki.ru

Illustration: Banki.ru