Can Sberbank sell debt to collectors? The bank sold the debt to collectors. Can Sberbank sell the debt to collectors?

Sberbank begins selling “bad” loans. As a pilot project, the bank will sell 450 million six-month overdue debts of small and medium-sized businesses. This step will allow Sberbank to improve its performance before privatization. Bad loans can be in good demand, collectors say: their cost can rise to 7-25% of face value instead of the usual 1-5%.

Sberbank has revealed the amount of “bad” debts that it plans to sell to collectors. This year, up to 450 million rubles of loans to small and medium-sized businesses (SMEs) will be sold, said Svetlana Sagaidak, vice president, director of the department for working with problem assets of Sberbank: “By the end of August, loans worth 150 million rubles will be sold (400 loan agreements ), in December up to 300 million rubles (no more than one and a half thousand contracts).” We are talking about loans, the balance of the principal debt of which is no more than 500 thousand rubles, and the overdue amount is more than 180 days. The auction offer will be divided into several lots, formed on a territorial basis. The chosen form of bidding is an upward auction, closed according to the composition of participants. The organizer will be OJSC Russian Auction House.

According to experts, Sberbank is going to sell loans issued to small businesses operating in the field of trade, food industry and, above all, agriculture.
Ten leading collection agencies in Russia will compete in the auction, Sagaidak said. Five of them have already been selected. They are in the top 10, accounting for about 90% of distressed assets placed on the open market, Sagaidak noted, declining to name them. “They are all members of the National Association of Professional Collection Agencies (NAPCA),” she added. Five more large agencies that have expressed a desire to participate in the auction are also currently undergoing the accreditation procedure. “The sale of problem debt is a pilot project, and Sberbank’s further actions on the sale of problem debt of legal entities and individual entrepreneurs (SSE) will depend on it,” summarized Sagaidak. Analysts name the agencies Pristav, Sequoia, Eos, First Collection Bureau, F.A.S.P, MBA-Finance, DDM-Group, and the agency Russian Debt Corporation", the recently created collection agency of Alfa Bank and "USB Center".

According to Alexander Fedorov, general director of the collection agency Center YUSB, the purpose of the sale is to optimize Sberbank’s expenses: “Dealing with overdue payments is a very complex and labor-intensive process. To do this, you need to have a large staff of specialists and the necessary infrastructure. It’s easier and cheaper for banks to hire such specialists, that is, turn to collection agencies.”
“Bankers are complaining about the lengthy process of clearing their balance sheets of non-performing loans. Judicial and enforcement proceedings and obtaining the necessary decisions take up to two years, during which the bank bears associated costs,” agrees Alexandra Lozovaya, director of the analytical department of Vector Securities Investment Company. In addition to reducing operating costs, the bank will also be able to release the reserves that it was forced to create for these loans, which will contribute to additional profit growth, continues Infina FC analyst Veronika Chekina:

“This is certainly positive in the run-up to privatization.”

The total volume of Sberbank loans to small and medium-sized businesses is about 600 billion rubles, the share of overdue loans is slightly higher than 5%. “The share of SME loans in the total corporate loan portfolio is small - about 12%. “Sberbank, like VTB, primarily works with large businesses,” says Lozovaya, recalling that VTB 24 is also going to sell SME debt to collectors. As VTB Deputy Chairman of the Board Andrey Pechatnikov previously said, the bank plans to sell about 500 loans totaling 2.5 billion rubles (overdue for more than two years, average amount is about 5 million rubles). Today, the volume of SME loans in the second largest state bank in Russia is about 90 billion rubles, including 12 billion overdue. “It is easier to agree on restructuring with medium and large businesses, and the quality of collateral from large and medium businesses is much better,” explains Lozovaya, explaining the banks’ interest in large businesses.

“The market for debt assignment (sale of debts - Gazeta.Ru) of small and medium-sized businesses (including individual entrepreneurs) is just beginning to develop,” Elena Dokuchaeva, vice-president of NAPKA, general director of Sequoia Credit Consolidation, explained to Gazeta.Ru. “There are still only isolated cases of such portfolios being put up for sale, so the purchase of small volumes of overdue loans is still the most interesting for potential collectors.”

“Due to competition, the cost of debts sold by Sberbank may increase to 7-25% of the price of the portfolio being sold,” Fedorov believes. “This is much higher than usual figures: as a rule, debts are sold for 1-5% of their face value.”
Firstly, Sberbank is distinguished by its high-quality approach to borrowers, and therefore its loan portfolio looks no worse than the market; secondly, a delay of just over 180 days is quite early, explains Fedorov. But here Chekina disagrees with Fedorov: “Loans to SMEs will have to be sold at a large discount, since this segment was hit hardest by the crisis and many loans are practically not serviced.”

Reference:
Sberbank loans
As of the end of 2010, Sberbank's total corporate portfolio was estimated at 4.88 trillion. rubles, the share of loans to small businesses in the structure of the bank’s loan portfolio by client segments was 11.1% (about 540.8 billion), the share of loans to medium-sized businesses was 33.8% (1.65 trillion rubles), large corporate clients - 51.9% (RUB 2.53 trillion) and another 3.2% of loans were issued to government agencies. In 2010, the bank provided loans to SMEs in the amount of 480 billion rubles.

The above cases are not uncommon in our country. Very often, banks transfer information about the debtor (this can be not only ordinary citizens, but also legal organizations) to collectors who, by any means, not always legal, try to repay the debt.

Who are they?

In simple terms, collectors are employees of specialized agencies that specialize in collecting debts from citizens and companies.

The emergence of collection agencies in Russia is primarily associated with an increase in demand for lending, and, accordingly, an increase in the number of non-repaid loans.

Collectors are fluent in the legal framework and use methods of psychological pressure when communicating with the debtor.

Banking institutions resort to collection services after the borrower does not make the next payment for several months - six months and does not make contact with employees of the credit department.

How do they work?

The goal of debt collectors is to force the debtor to repay the loan by any means. Naturally, methods of debt repayment should not go beyond the legal framework.

Basically, this is calling debtors with a reminder to repay the debt. However, often collection agencies, especially those that do not value their reputation, use more radical and sophisticated methods for debt recovery (intimidation, notifying friends about financial problems, damaging property, etc.).

There is no law regulating the activities of debt collectors yet, so all relations are regulated by the Civil Code and criminal law.

Responsibilities

The work of collectors can be divided into several stages:

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1. Collection of information about the debtor. The bank provides similar information to collectors (data about place of residence, work, financial condition, debt). After which the collectors check the accuracy of the information received.

Collectors begin writing letters, SMS, calling the debtor, demanding repayment of the debt, often calls are received several times a day.

It should be noted here that these methods are illegal, since disclosure of information to third parties is prohibited by law.

In most cases, collectors get their way and the debtor returns the loan. But if this does not happen, the collection agency prepares a statement of claim and all disputes are resolved in court.

Can a bank sell debt?

Banks selling loans to collection agencies is a very common practice that often occurs in our country.

Although there is no term “sale of debt”, or rather it is not entirely correct. The legislation provides for the assignment of the right of claim (which actually means the same thing).

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Statistics show that the larger the banking institution, the more often it assigns the right to collect debt.

Naturally, the bank’s position is known: representatives of credit institutions insist that the bank has every right to “sell” or delegate debt collection functions to professional debt collectors.

At the same time, ordinary citizens and legal entities who have encountered debt collectors claim that such methods are illegal, since there is no law regulating such relations.

What collectors does Sberbank work with?

Sberbank has been “selling” borrowers’ debts to collection organizations for several years now. Since April 2013, the bank has created a modern, technologically advanced collection company “Active Business Collection”.

"Active Business Collection" is not only a strategic partner of Sberbank, the agency also works with other banks, insurance companies and microcredit organizations, housing and communal services, and the fuel and energy complex.

The company guarantees a high percentage of debt repayment with the help of a professional team, automation of the process, compliance with ethics and an individual approach to each case.

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What to do?

If your case has already been transferred to a collection agency, then the easiest way to deal with this would be to pay off the debt.

If this is not possible, then be prepared for daily calls about debt reminders, and a possible visit from a debt collector to your home or work.

Try telling the collector that you are ready to resolve all issues in court and hang up, then add the number to the “black list”.

Additionally, do not forget to record all conversations on a voice recorder. At the slightest threat, when calling before 7-00, and also if a debt collector comes to your home, write a statement to the police.

How to connect an overdraft to a Sberbank salary card, read here.

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If they threaten

If debt collectors begin to threaten you over the phone or during a meeting, then you must understand that this is a common psychological method of intimidation, which is illegal.

All the collector can do is demand repayment of the debt and remind you of the debt you have. Additionally, the collector may initiate the preparation and submission of a claim to the court.

Where to complain?

If collectors call you, violate your rights (calls at night, calls to the team, management, visiting neighbors), damage property (lock, bell, etc.), threaten physical harm or cause bodily harm, immediately contact law enforcement agencies , prosecutor's office. You can also file a lawsuit or contact a collection association.

Do not forget that when applying to any authority, in addition to the application, you must attach evidence. For example: a telephone recording of a conversation, a photo report of damage to property, a certificate from a medical center about the removal of beatings.

Advantages and disadvantages

Today, Sberbank assigns its rights to collect debt to its own collection agency, Aktivbusinesscollection.

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The agency carefully monitors its own reputation and constantly states that all collection processes take place only within the legal framework.

Collectors emphasize that they organize their work as follows:

• development of a behavioral screening model;
• a selection of effective collection methods;
• collection of information about the debtor’s solvency;
• control over debt payments.

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comments 3

As for me, bank collectors are very inadequate people; at first they speak politely and gently, and then they begin to be rude and threaten. Anyone who does this has promised that I will repay the debt, which means I will, if you don’t want to wait, go to court!

I have been communicating with Sberbank collectors for two months. To be honest, I’m tired of their calls, they call every day at the same time, they are not rude, they remind me very politely to repay the debt.

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Today I had to talk again with Sberbank collectors. The impression is mixed: a few days ago we agreed that I would make the agreed payment by the end of the week, without waiting for the deadline, the collector called me with threats that the money must be paid immediately.

Sberbank sold debt to collectors

What to do if Sberbank sold the debt to collectors?

To “survive” in the modern world, you need to be very informed and be able to not only defend your rights, but also face various difficulties and be able to overcome them. An example of a problematic situation could be the following story - a bank loan was overdue, and the bank subsequently sold the debts to collectors. This information is also useful for those who want to take out a loan. And, of course, it will be useful for those who want to be informed in this situation.

What is this situation with the sale of debts? How should creditors behave? And what happens next with debts? What do collectors do? We will try to answer all these questions in this article.

What loans do banks sell to collectors?

As a rule, banks sell debts to creditors in the following cases:

1. Bank card with overdraft.
2. The amount of debt does not exceed 300 thousand rubles.
3. The loan was taken by the borrower without collateral or guarantee.
4. The loan debtor did not pay the installments for 5 months, or even more.

These are the main loans issued by banks. And that’s why banks quite often “get rid” of such defaulters. Since the bank issues small loans for a short period or at low interest rates. As a rule, the sale takes place because all the litigation that follows after the bank goes to court will exceed the amount of interest that the bank should receive. All banks can sell debts, and Sberbank is no exception; it sells debts to collectors if there is a need.

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Reasons for selling debt to collectors

This is something you should pay attention to when taking out a loan. Because in any correctly drawn up agreement that is concluded between a credit person and a bank, there is a line that states that the bank has the right to sell the rights to the loan to other companies. And this transfer is provided for by law, and is called “assignment of the right of claim,” and in simple terms this process is called the process of selling a debt to a collection company.

According to the signed contract, the lender is obliged to return to the bank not only the borrowed money, but also plus interest. The bank can sell the right to repay the debt. This right can only be sold to a collection company. Moreover, the debtor is not notified about this sale. He will find out only after the transaction is completed. As a rule, he then receives a letter stating that his debt has been transferred to third parties.

The debtor's rights when selling his debt to collectors

Despite the fact that the debt amount must now be paid not to the bank, but to the corresponding company, this does not relieve either the amount of the debt or interest. The difference is that you have to pay to another “institution”, that is, pay to the company.

All rights and obligations that the creditor had are retained under the same conditions. Only instead of the word “bank” the word “company” is replaced. If the lender had any questions for the bank, now they will be for the company. And debts must be repaid in any case. It should be noted that the bank has the right to sell the debt not only to the collection company, but also to another bank. What to do if Sberbank sold the debt to collectors, we will answer further.

Features of the procedure

The debtor should know that there is no need to run away and pay the debt to another company. First, the borrower must check with the company for the presence of all the necessary documents that would confirm the legality of the act of purchase and sale of rights. According to the law, the rights and obligations of the debtor remain in the same status without changes. The rights and obligations of the debtor are preserved, that is, they remain those that he previously had in relation to the bank. Moreover, until the collection company provides acts that confirm his right to the debt, the debtor may not pay not only the amount of the debt, but also the interest.

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If there are any doubts about the authenticity of the documents, or something has been changed in the rights and obligations, then the debtor may not pay the loan. To understand the legality of documents in more detail, you can use the services of a lawyer. The borrower has every right to do this. But a lawyer's services are usually not free.

The borrower should know that if some documents are not completed correctly, then he is not obligated to pay the debt. In the practice of collection firms, there are cases when debts remain unpaid by the debtor. The main reason for non-payment is incorrect execution of documents when buying and selling rights.

After the borrower has made sure that all the documents are in order, you need to find out the amount of the debt, along with interest, and the period for which he must pay, that is, what the monthly payment will be and how many months he must pay. It should be taken into account that the amount will be higher, since a penalty for non-payment in recent months will be added here.

In order to check, you need to collect all the necessary information - this is the amount of debt plus the amount of interest, as well as the amount of penalties. This data can be ordered from the bank where the loan was previously opened, even after the loan was sold to the company.

And only after all this has been done, recalculated and the amount of the debt to the collection company corresponds to the amount in the personally carried out calculations, can the borrower make a contribution. In no case should you make a payment without checking the documents and all the payment calculations that were made earlier!

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The only thing that the borrower needs to remember is that after the collection company has provided all the necessary documents on the act of purchase and sale of rights, the debtor should pay. After all, the bank sold this debt for a reason.

We must remember that each case of debt sale is unique and individual. The main thing is not to hesitate to study the laws or use the services of a lawyer and calculate everything.

The essence of the collection company's activities is that its employees get their money back in any way. But in what way, this is the second question. There are cases when this money is “received” illegally, through intimidation and threats. Typically, borrowers try to pay faster and on time. Since people know different cases about companies that “choose” loans. And most importantly, remember, when taking a loan from a bank, read the contract carefully and several times; if something is unclear, it is better to check with specialists again.

Sberbank sold the debt to collectors, what should I do?

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Sometimes bank employees, tired of messing around with unscrupulous borrowers, practice the following method: they sell the debt to a collection service, thereby transferring authority to the employees of this service for the remaining amount of the loan. Unfortunately, even Sberbank is no exception; its clients can easily turn to collectors in case of late payments or other serious violations of the loan agreement.

Collection agency employees can act extremely harshly: for them, the most important thing is to return the amount including all interest; this is their direct income. Accordingly, they are not interested in either reputation or further mutually beneficial cooperation with the client. Therefore, they use any methods, including threats and blackmail.

So, let's consider a situation where Sberbank sold the debt to collectors. What to do and in what cases can this happen?

1. As we know, Sberbank security officers very carefully check the solvency of borrowers. The same cannot be said about other commercial organizations that provide consumer loans at high interest rates to almost any person who has reached the age of majority. If we are talking about a mortgage or car loan, then the bank sells collateral. And in general, legal proceedings are not beneficial for employees, as is cooperation with collection services; they lose almost the entire loan amount.

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2. Sberbank employees know their clients and are confident, as far as possible, in their solvency and integrity. That is, it cannot happen that the debt, in the event of bankruptcy or temporary difficulties of the borrower, will immediately fall into third hands, bypassing the bank’s collection service. Specialists will try to do everything possible to meet the client halfway and help deal with a bad situation, provide a deferment or change the payment terms.

Only if there is no way to find a common language with the borrower and he makes contact, bank employees are forced to look for other methods of influence. By and large, they simply refuse the amount of debt, selling it to collectors.

What to do if Sberbank sold the debt to collectors?

In such a situation there is something to worry about. You can expect calls at night; work colleagues and bosses will become unwitting witnesses to proceedings with a bad credit history. Some collectors act very harshly, they can threaten and visit you without warning.

The question arises, how is this legally possible? Why does confidential private information pass on to third parties and, in general, how can a bank sell a debt? The fact is that the following scheme is being implemented: the bank enters into an agreement for the assignment of claims with a collection agency (an individual can also make a similar transaction).

1. Don't panic. After a call from a collection service employee, contact the bank with a question (it is advisable to make a written statement) about who now owns the debt and whether there are any obligations to the bank at this time.

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2. If the loan is actually sold, then you must receive written confirmation of this along with a printout of the receipt, which fully states the amount of the debt, including all fees and interest.

3. The document confirming the transfer of rights to collect the loan must indicate the full name of the organization (collection agency) with which you will now have to deal.

Remember that when dealing with debt collectors you should strictly adhere to certain rules. It is best to enlist the support of a qualified lawyer. On our website you can find a specialist who will help you sort out the problems; in each specific case, actions are determined on an individual basis. But, under no circumstances, do not hand over sums of money to collectors; debt settlement should occur only through official authorities, with receipt of a receipt and written confirmation of each payment.

Remember that collectors, in most cases, are scammers who initially take the lenient side, then can imprison a person in a debt trap for life without any rights or grounds.

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Does Sberbank transfer debts to collectors?

A borrower who has overdue payments for more than a month faces an unpleasant stage - communication with the collection service. As a rule, such organizations operate autonomously, concluding cooperation agreements with the bank. Such a solution becomes a mutually beneficial matter - the creditor receives the required funds, and the intermediary receives access to the debtor’s personal data.

In this review, we will clarify the questions of whether Sberbank can sell debt to collectors, how legal such actions are, and how a defaulter should behave. In addition, we will provide recommendations from lawyers on the correct actions of a citizen who owes money to the bank. These nuances will help readers cope with possible life difficulties when they have nothing to pay for a loan.

Competence of the financial organization

It should be noted that large Russian banks cooperate with collection agencies to reduce the likelihood of financial losses when issuing loans. For this reason, the question is not whether Sberbank transfers debts to collectors, the answer becomes positive. Such interaction with the defaulter through intermediaries is beneficial to the company. Moreover, until July 2016, this cooperation was considered semi-legal.

However, with the adoption of Federal Law No. 230, the activities of collectors are regulated in the legal field, and the actions of these people in relation to debtors are considered legal requirements. Please note that this rule becomes a true statement if the lender and the intermediary cooperate on the basis of an agency agreement. The second option for working together is debt repayment.

The probable sale of debts by Sberbank is indicated in the loan agreement signed by the borrower. The absence of such a clause is a reason to file a claim with the creditor. When hired collectors take on the work, the defaulter has the right to withdraw personal data.

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Thus, the office puts pressure on unscrupulous citizens within the framework outlined by the laws of the Russian Federation. Although, judging by the high-profile scandals of recent years, the activities of collectors are unlikely to comply with established standards. It should be noted that such violations are more often recorded among small firms. Let's find out to whom Sberbank sells debts - after all, this issue worries thousands of debtors from Russia.

Mutually beneficial cooperation

Now let’s find out which collectors Sberbank works with. Considering that this financial organization is considered the largest player in the country’s economic market, a subsidiary operates here in the interests of the lender. The AktivBusiness Collection company was founded by the bank's board in 2013. Until the beginning of 2017, until the Law “On Collectors” came into force, the agency operated on dubious grounds.

Today, this company is a developed network throughout the country, which takes on problem loans from the main customer and other creditors who apply here. The collection service of Sberbank declares correct communication with debtors and compliance with the basic principles of Russian laws. Moreover, the company promises customers a high probability of refund, based on the activities of the last three years.

Please note that since the fall of 2014, the Sberbank collection agency has been a member of NAPCA, and the head of the organization has taken the post of head of the Control Committee here.

Among the services of the subsidiary is work with defaulters to microfinance institutions, leasing and factoring offices, and insurance companies. In addition, representatives of the organization offer communication with debtors regarding payments to utility companies, structures in the fuel and energy sector or the communications industry.

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Theory and reality

However, let’s move away from the standard advertising phrases of collectors and look at the situation through the eyes of the borrower who owes money to the bank, if Sberbank sold the debt to collectors. What to do in such situations, and what actions should be avoided, will be discussed below. Keep in mind that the first nuance here is the legal basis for the actions of the collectors. If the client's arrears are sold, formally the agency has the right to demand money, but there are nuances here.

Since the borrower has entered into an agreement with a financial institution, it is appropriate to warn visitors about their reluctance to communicate. Offer unexpected visitors solutions to issues in court. However, it is inappropriate to refuse financial obligations. On the contrary, confirm your desire to pay your bills within the limits stipulated by law.

We answer calls

Let us note that bank representatives prefer “telephone terrorism”. Please note that the legislation has limited the time period when collectors have the right to harass a client of a financial institution. This publication tells more about the mentioned nuances of innovations.

The first call to the debtor is a reason for the defaulter to demand that the debt collector announce the position and initials of the interlocutor. In addition, ask your opponent to name the originating numbers and dates of signing of the papers on the basis of which the claims are being made. Remember, if Sberbank collectors call, it is inappropriate to be nervous and panic.

The calm and confident tone of the debtor confuses even experienced debt collectors. And legal demands to introduce yourself and send copies of documentation completely change the scheme of classic “pressure”.

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Do not refuse payments - the only option when it is advisable for a citizen to persist in this matter is other people's debts. In other situations, such behavior will not work in favor of the debtor. However, a statement of reluctance to talk with the “intermediary” and a subsequent warning about a complaint about the actions of the structure can get rid of annoying communication.

Keep in mind that the only correct tactic here is to propose solving the problem within the legal framework - in court. As a rule, when transferring debts to the collector, the bank is not interested in such a development of events, so the debtor has a chance to agree with the creditor on restructuring the loan.

Live communication

The most unpleasant “surprise” for a defaulter is visits from uninvited guests. Remember, the debtor is not obliged to let these people into his own apartment, so there is no need to show hospitality. You will also be able to communicate “through the doors.” To exclude an attempt at fraudulent activity, ask the claimant to state his position and last name.

Ask to send by mail copies of the papers that caused the conflict. This move adds extra time for the defaulter to think about the situation. Please note that collectors do not have the right to come more than once every 14 days. Try to mark the time of your visits. Violation of the provisions of Federal Law No. 230 becomes a reason for a complaint to the relevant departments.

Debt sale

Now let's talk about whether it will be possible to buy the debts of individuals from Sberbank. Lawyers and financiers say such moves are likely today. In addition, under certain circumstances, the defaulter will be able to redeem his own debt.

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Let us note that it is often more profitable for a financial organization to gain a certain amount and get rid of the problem than to waste effort on returning funds under an agency agreement with debt collectors.

Buyers are also interested in such transactions. True, large portfolios are in demand here, and not small amounts of debt of individuals. However, the bank does not miss the chance to get the maximum amount for a “difficult loan”, which in practice threatens the failure of the auction. So, the issue of price is an important aspect that shapes a successful transaction.

Purchasing your own agreement

To resolve problems with the creditor quickly and with minimal losses, the debtor has the right to buy out his personal portfolio. In this situation, the assignment agreement is signed not directly, but through a third party. Accordingly, the debt is formally sold to an interested buyer, who subsequently resells the package to the debtor for next to nothing.

Note that the average cost of such transactions varies between 10–60% of the accrued arrears. For this reason, the described scheme allows you to write off debt with minimal investment and bypassing court hearings. Please note that such transactions are regulated by the Civil Code, in particular, Article 389 when concluding an agreement and Art. 415 if the intermediary chooses to “write off” the accrued amount.

However, there is a nuance here - Sberbank is reluctant to cooperate with individuals. Therefore, it is appropriate to find a friend who will buy the debt as a legal entity.

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Of course, in such situations, the defaulter seeks funds to pay the organization. Note that the intermediary in this scheme also needs to transfer a certain percentage. However, with low portfolio prices and a minimum number of people willing to buy such a package, the borrower will be able to save a lot of money.

It's time to summarize and outline the main points. Remember, Sberbank practices both options for transferring a debt portfolio to collectors - it uses both an agency agreement and an assignment agreement. However, if there is a lack of financial resources for repayment, it is advisable for the defaulter to think about peaceful ways of compromise with the creditor.

Remember, the law says you have to pay off financial obligations. Therefore, it is stupid to hope for the judge’s favor or a happy coincidence of circumstances. Control the situation and get ready to interact with the bank to quickly get rid of the overwhelming financial burden. We hope that this material will be useful information for readers and will help to correctly solve problems with lending.

What to do if the bank sold the debt to collectors: procedure

Recently, there have been frequent situations in which a person unexpectedly finds out that a loan he once took has been sold to third parties. In this case, most people immediately begin to panic, since the methods of collection agencies are not always legal. Therefore, it is extremely important to know what to do if the bank sold the debt to collectors. After all, how the situation will develop in the future depends on the borrower’s behavior.

How banks sell debts to collectors and what to do about it

Does the bank have the right to transfer the debt to collectors?

To answer this question, you need to carefully study your own loan agreement.

If there is no such information in the agreement, then the bank, accordingly, does not have the right to turn to collection agencies for help. Recently, almost all loan agreements contain a clause indicating the possibility of transferring debt to third parties.

Can a bank sell debt to third parties?

The possibility of transferring the right to claim a debt is provided for by the civil code and cannot be limited by anything other than the law or the terms of the contract.

In the case of consumer lending, the bank has the right to assign the debt:

• an organization with a banking license;
• to another person, including a collection agency.

Banks rarely buy out problem debts of borrowers from other banking institutions.

For this reason, in most cases, debts are transferred to collection agencies.

The assignment of the right to claim repayment of a debt to a third party is called an assignment. Accordingly, the assignment agreement is the very document on the basis of which any person can redeem the loan debt.

In this case, the borrower will be in a more advantageous position than if his debt were transferred to collectors. This is due to the fact that upon receipt of the assignment agreement, the newly-minted creditor receives all the rights and documents to repay the debt: loan agreement, debt schedule, writs of execution. The creditor can dispose of the purchased debt at his own discretion.

How much do banks sell debts to collectors for?

In most cases, debt collectors work under an agency agreement and receive about 25 percent for collecting each debt.

With the full transfer of the right of claim, collectors buy out debts that are completely hopeless for creditors for 1-10 percent of the debt amount, in order to subsequently demand repayment of the full amount of the debt from the borrower. There are often cases when debt collectors charge debtors a deliberately inflated amount.

What is the damage to the bank if the debt is sold?

Banks transfer bad debts to third parties for three reasons:

1. The Central Bank requires commercial banks to promptly get rid of problem loans;
2. underestimated loan portfolio indicators have a negative impact on the rating of a financial institution;
3. the high labor intensity of self-collection of debts does not justify the potential for debt repayment.

As a rule, the process is not advertised, and borrowers often do not even suspect a change of lender.

If the bank cooperates with collectors under an assignment agreement, then with a high probability the loan will be returned. In this case, the bank will lose about a quarter of the collection amount, since the assignment agreement involves paying a commission for the services of collectors.

How banks sell debts to collectors: conditions and features of the procedure

Banks prefer not to engage in independent collection, but to sell debt in the following cases:

• the borrower does not have his own property;
• the borrower has outstanding debts with other banks;
• lack of loan security: collateral or guarantors;
• overdue for more than 6 months;
• the statute of limitations on the loan has expired;
• a large amount of fines have accumulated for non-payment of the loan.

If there is practically no chance of repaying the debt - for example, the statute of limitations on the case has expired - banks prefer to completely transfer the right to claim the debt to third parties. In this case, the creditor receives some kind of material compensation (usually no more than 10 percent of the debt amount), and from that moment the collection agency becomes the creditor. And all proceeds when the borrower repays the debt remain with the collectors.

The bank transferred my debt to collectors: what should I do?

When transferring debt to collectors, experts strongly recommend that debtors:

• verify the authority of the collector;
• record all communications with representatives of the collection company on video and audio recording;
• do not sign any documents;
• do not pay debt collectors directly;
• in case of incorrect communication from collectors, write a statement to the police and prosecutor’s office.
• In some cases, it makes sense to try to negotiate with collectors, reducing the price to a minimum value.

It is unlikely that you will be able to find out the exact amount of debt from collectors, since they often significantly overestimate the amount of debt. Therefore, you need to contact the bank and get a statement on your own loan.

If the right of claim is completely transferred to the collectors, then the borrower can buy the debt from the collectors on the most favorable terms for themselves.

To do this you need:

• select a trusted person;
• arrange a meeting with debt collectors;
• study the assignment agreement;
• sign the acceptance certificate;
• receive all related documents.

This method of getting rid of a loan is very beneficial to the borrower. By making a deal with debt collectors, you can get rid of not only their annoying attention, but also your debt by paying a relatively small amount, since debt collectors often repurchase debts for only 1% of the loan cost.

Using a similar scheme, you can buy back a debt from a bank. In this case, the new creditor will only have to establish legal succession and transfer the writs of execution back to the bailiff service.

After the court decision

The sale of debt after a court hearing is considered completed from the moment the relevant court decision comes into force. The purpose of transferring the right of claim is the same - changing the creditor.

Therefore, even if the debt is sold after a court decision, repayment of the debt to the new creditor will complete the enforcement process in full.

What to do if the bank sold the debt to collectors under assignment or agency agreement?

As a rule, the borrower learns about the transfer of debt to a third party in the following cases:

• the debtor receives a notification from the bank that the case has been transferred to collectors;
• the bank account is closed, making payments becomes impossible;
• collectors call the debtor.

As soon as the borrower has learned that his debt has been sold to debt collectors, he must take the steps described below:

• obtain documentary evidence of the transfer of debt;
• receive a copy of the assignment agreement;
• check the amount requested by the collectors with the amount owed to the bank;
• Discuss the terms of debt repayment with the new creditor.

A feature of transferring the case to collectors is the accrual of additional penalties by the agency.

If the debt is completely sold to collectors, then you can negotiate with them to reduce the amount of the debt or buy the debt from them with the help of a trustee.

Before you start paying off your loan, you need to make sure that the debt has actually been sold and that the debt collectors are acting legally.

Video

Watch the video with information about what you need to know if you sell your debt to a bank to collectors:

What to do if the bank transferred the debt to collectors without notice?

The absence of notification of the transfer of rights of claim infringes on the rights of the debtor. According to the law and internal policies of banks, the client must receive written notification of the transfer of debt. Sometimes bank employees call and inform about their intentions.

But if the borrower has not been notified, then he has the right not to take any action and wait for a court hearing at which he can report a violation of the terms of the contract and personal rights. In this case, the court will impose an administrative penalty on the banking institution.

The borrower has the right to file a lawsuit against the bank for unlawful actions.

Is it legal to transfer debt after 3 years?

The statute of limitations presupposes the bank's ability to file a claim in court, but the borrower only needs to file a petition for the expiration of the deadline, and in this case the court will simply remove all obligations from the debtor and make a decision in favor of the defendant.

But no one has the right to prohibit the bank from collecting debt in other ways. To do this, the creditor can sell the debt to collectors or enter into an agency agreement with them, but only if there is a corresponding clause in the loan agreement.

If collectors act within the law, then neither a statement to the police nor a complaint to the prosecutor's office will help get rid of the obtrusive attention of the creditor. In this case, you need to take the right position and understand that most often collectors use psychological pressure on the debtor as their main lever.

If such a conversation does not lead to a positive result, it is necessary to file a claim in court, after which a meeting will be held and the court will make a decision to reject the claim, which means the debt will be written off from the borrower. Sometimes, in order to successfully draft and submit a petition, you need to seek help from lawyers specializing in such cases.

It is not uncommon for borrowers to mistakenly count the statute of limitations on a loan. The thing is that three years begin not from the moment the loan is received, but from the moment of the last payment on it. In addition, every time the creditor managed to establish contact with the debtor, the counter is reset to zero.

Therefore, before going to court with a claim about the expiration of the statute of limitations, you need to make sure that three years have actually passed.

If the bank sold the debt to another bank

Sometimes there are situations when a debt is transferred from one bank to another.

If such a possibility is spelled out in the loan agreement, then nothing can be done - such actions by the lender are legal. As a rule, almost every agreement contains a mention of the possibility of transferring the right of claim to third parties.

If there is no word about this in the loan agreement, then before transferring the debt to anyone, the bank must notify the client in writing.

After the borrower has learned about the change of lender, he should contact the branch of the new bank and clarify all possible loan payment options and the timing of crediting funds to the account in order to avoid technical delays on the loan. For ease of payment, you can order a plastic card, which will allow you to make payments without visiting a bank branch. The card of the previous bank, which was used to make loan payments earlier, will no longer work. An agreement to provide access to Internet banking will also have to be concluded with the new organization.

It is extremely important to provide up-to-date information to the lender in a timely manner - after all, without the borrower’s contacts, the bank will not be able to timely warn about the transfer of the case to another lender, which will entail the accrual of fines and the need to resolve the issue in court.

Does Sberbank sell debts to collectors?

Over the past few years, Sberbank has been selling debts of individuals to collectors.

As a rule, the bank thus gets rid of bad debts overdue for more than 12 months, and during this time it tries to solve the problems on its own.

Debts are sold in the form of tenders for many collection agencies, to which Sberbank sends an offer to participate in the repurchase of debts.

As practice shows, highly qualified personnel allow the collection agency to return most of the debts.

To summarize, I would like to note that you need to try not to let the situation lead to the transfer of debt to collectors. But if something like this does happen, a competent and calm approach to this problem will help solve the credit issue without wasting money and nerves.

You recently took out a loan from Sberbank, but were unable to cope with financial problems, and the loan was in arrears? Managers and the bank's security service have started calling you and are you afraid that today or tomorrow your debt will be transferred to collectors?

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The above cases are not uncommon in our country. Very often, banks transfer information about the debtor (this can be not only ordinary citizens, but also legal organizations) to collectors who, by any means, not always legal, try to repay the debt.

Who are they?

In simple terms, collectors are employees of specialized agencies that specialize in collecting debts from citizens and companies.

The emergence of collection agencies in Russia is primarily associated with an increase in demand for lending, and, accordingly, an increase in the number of non-repaid loans.

Collectors are fluent in the legal framework and use methods of psychological pressure when communicating with the debtor.

Banking institutions resort to collection services after the borrower does not make the next payment for several months - six months and does not make contact with employees of the credit department.

How do they work?

The goal of debt collectors is to force the debtor to repay the loan by any means. Naturally, methods of debt repayment should not go beyond the legal framework.

Basically, this is calling debtors with a reminder to repay the debt. However, often collection agencies, especially those that do not value their reputation, use more radical and sophisticated methods for debt recovery (intimidation, notifying friends about financial problems, damaging property, etc.).

There is no law regulating the activities of debt collectors yet, so all relations are regulated by the Civil Code and criminal law.

Responsibilities

The work of collectors can be divided into several stages:

1. Collection of information about the debtor. The bank provides similar information to collectors (data about place of residence, work, financial condition, debt). After which the collectors check the accuracy of the information received.

2. Collectors begin writing letters, SMS, calling the debtor, demanding repayment of the debt, often calls are received several times a day.

3. If the debtor ignores the collectors, they conduct a conversation with neighbors, management, colleagues, and relatives, notifying them about the borrower’s financial problems.
   

   It should be noted here that these methods are illegal, since disclosure of information to third parties is prohibited by law.

In most cases, collectors get their way and the debtor returns the loan. But if this does not happen, the collection agency prepares a statement of claim and all disputes are resolved in court.

Can a bank sell debt?

Banks selling loans to collection agencies is a very common practice that often occurs in our country.

Although there is no term “sale of debt”, or rather it is not entirely correct. The legislation provides for the assignment of the right of claim (which actually means the same thing).

Statistics show that the larger the banking institution, the more often it assigns the right to collect debt.

Naturally, the bank’s position is known: representatives of credit institutions insist that the bank has every right to “sell” or delegate debt collection functions to professional debt collectors.

At the same time, ordinary citizens and legal entities who have encountered debt collectors claim that such methods are illegal, since there is no law regulating such relations.

What collectors does Sberbank work with?

Sberbank has been “selling” borrowers’ debts to collection organizations for several years now. Since April 2013, the bank has created a modern, technologically advanced collection company “Active Business Collection”.

"Active Business Collection" is not only a strategic partner of Sberbank, the agency also works with other banks, insurance companies and microcredit organizations, housing and communal services, and the fuel and energy complex.

The company guarantees a high percentage of debt repayment with the help of a professional team, automation of the process, compliance with ethics and an individual approach to each case.

What to do?

If your case has already been transferred to a collection agency, then the easiest way to deal with this would be to pay off the debt.

If this is not possible, then be prepared for daily calls about debt reminders, and a possible visit from a debt collector to your home or work.

Try telling the collector that you are ready to resolve all issues in court and hang up, then add the number to the “black list”.

Additionally, do not forget to record all conversations on a voice recorder. At the slightest threat, when calling from 22-00 to 7-00, and also if a debt collector comes to your home, write a statement to the police.

If they threaten

If debt collectors begin to threaten you over the phone or during a meeting, then you must understand that this is a common psychological method of intimidation, which is illegal.

All the collector can do is demand repayment of the debt and remind you of the debt you have. Additionally, the collector may initiate the preparation and submission of a claim to the court.

Where to complain?

If collectors call you, violate your rights (calls at night, calls to the team, management, visiting neighbors), damage property (lock, bell, etc.), threaten physical harm or cause bodily harm, immediately contact law enforcement agencies , prosecutor's office. You can also file a lawsuit or contact a collection association.

Do not forget that when applying to any authority, in addition to the application, you must attach evidence. For example: a telephone recording of a conversation, a photo report of damage to property, a certificate from a medical center about the removal of beatings.

Advantages and disadvantages

Today, Sberbank assigns its rights to collect debt to its own collection agency, Aktivbusinesscollection.

The bank sold the debt to collectors: what to do in such a situation? The question is quite relevant, since the transfer of debts is still a fairly common occurrence. If payments do not follow for a long time, the banking organization tries to transfer the matter to third hands, without getting involved in litigation. Collectors either provide their services to collect debts or repurchase the debt.

Can a bank sell debt to collectors? Yes, according to the Civil Code, financial organizations can assign the right of claim, even without notifying the borrower, if there is no other rule in the loan agreement. As a rule, the agreement does not talk about the consent of the recipient of the money.

If we talk about whether Sberbank can sell debt to collectors, then the answer is also positive. Like any other similar organization, it has the right to assign.

Regulatory basis for activities

Detailed regulation of collection organizations is contained in a number of regulatory legal acts.

1. Civil Code of the Russian Federation – Art. 382.
2. Federal Law “On Enforcement Proceedings”, “On Consumer Credit”, etc.
3. Federal Law “On the protection of the rights and legitimate interests of individuals when carrying out debt collection activities.”

What items sell most often?

The sale of debt to collectors is carried out exclusively in cases where there has been no scheduled transfer of money for several months, and sometimes even a year.

As a rule, loans for small amounts are transferred - microloans, consumer loans for individuals. It is unprofitable and problematic for the bank to sue for losses that are so insignificant for them. The high interest rates paid by conscientious clients fully compensate for possible underpayments.

How to find out if a debt has been sold

• Receiving a letter. In most cases, the borrower receives a notice. This is a requirement to repay the debt, but not from a banking organization, but from a third company. And here there can be different options: the bank simply asked for a service to “extort” money, or the debt was sold. In the second situation, the debt is paid to the collection agency.

The company's attitude towards business is usually written about. For example, if the text contains information about an assignment agreement, then an assignment of the right of claim has occurred. It is better to call the numbers provided and find out whether the bank has transferred your debt.

• Phone call. Calls not from the bank are a sure sign that the organization has begun to sell debts or transfer them for cooperation under an agency agreement.
• Notice of sale of debt. Most likely, the financial institution will decide not to repay the debt without notice, behind the client’s back. Typically, notification occurs in the form of an SMS message, registered letter, or call.
• Closing the account. It also happens that a client comes to make a payment, and the cashier tells him that the account has been closed. Accordingly, either the loan has been sold, or the organization has already filed a lawsuit to force the collection of funds.

Debtor's actions

What should a person do if his debt is sold to collectors? When debt collectors make themselves known, you need to check your bank account and the debt accumulated on it. If the bank did not bother to send a notice to the client, which, by the way, is within the law, then it is advisable to clarify the information about this yourself.

Measures that it is advisable to take for a favorable outcome:

1. Get to know the collection agency and its employees who serve your case.
2. Specify the type of agreement on the basis of which the debt was transferred to collectors and the date of its conclusion.
3. Obtain a copy of the assignment agreement from the company.
4. Check that the final debt is correct compared to what the creditor claims.
5. Discuss repayment terms.

The main thing is to realize: if the bank sold your debt to a collection agency, then this practically does not worsen the borrower’s situation. It’s just that instead of a financial organization, a third company will monitor payments. However, additional penalties may be added to the amount.

When the bank sells the right to claim the debt, it can no longer demand money or accept it from its client. In order not to accidentally pay funds to the wrong place, you should first clarify the moment of assignment of the claim and the legality of the assignment.

Lawful actions of a collection agency

Newly created creditors have a number of rights and obligations based on current legislation. The main goal of the work of such organizations is information, and not “extorting” debts from careless clients. According to this, collectors can only

• call;
• send letters and SMS;
• come home, but only after the client’s consent;
• offer to change the terms of payment.

If a person avoids conversations and meetings and shows a clear reluctance to pay the debt, then the agency is authorized to file a lawsuit for civil liability.

Despite the new Federal Law on collectors, which strictly regulates this type of activity, threats from collectors, pressure, and persecution are not uncommon. Then the debtor can turn to the police for protection or to the court with a claim for moral damages.

What collectors are prohibited from doing

The actions of collection agency employees may go beyond the limits established by law. Thus, cases are recorded when they:

• exert mental pressure;
• , demand a meeting at an inconvenient time;
• disturbed many times a day;
• sell, describe the debtor's property (although only bailiffs have the right to do this);
• they discredit a person’s dignity and reputation in front of colleagues, relatives, friends, neighbors;
• enter the debtor's house without permission.

To summarize: does the bank have the right to transfer the debt? Yes, it's legal. What consequences does this entail? Regular reminders about increasing debt and additional penalties imposed by the collection agency. But the debtor’s situation does not change radically, so the assignment in this case should not be scary.