Debtors do not recognize the collector in person



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The All-Russian People's Front (NFB) sent a letter to the State Duma asking for a review of the second reading amendments to the Personal Debt Recovery Act (he knew Kommersant). According to Viktor Klimov, head of the NFB project "For the rights of borrowers", the adoption of the law in its current form will not only help the borrowers, but will turn the information on the debt transfer to the collector into a formality and will create unjustified risks of disclosure of financial information. the debtor is considered to be notified of the collector's lure by the creditor to recover the debt, if the relevant message is placed in the uniform federal register of information on the facts of the legal activity Previously, the creditor was obliged to notify the debtor by registered letter with acknowledgment of receipt or acknowledgment of receipt.

The register will contain information about the creditor, the number and the date of imprisonment. contract, as well as the taxpayer's identification number. In other words, anyone who knows the TIN of a citizen can know the facts about the transfer of debts to third parties, which contravenes the requirements of the law on the protection of bank secrecy.

However, the bill does not provide for publication. the debtor will regularly look for information in the register concerning his loan, then, finding it, he will learn that the creditor has transferred the recovery to a third party, but will not know which one. Mr. Klimov explains: "It will be useful to inform the citizen of the person whom he has hired to settle the debt in order to exclude unidentified persons and abuses, and the implementation of the proposed system only violates the rights of creditors. debtors. "

According to the GfK Studies Society, in 2017, only 36% of citizens over the age of 55 were using the Internet.Therefore, there are categories of citizens who may not only not know that it is there is a register and that it is necessary to check the information on the debt, but also the people who do not use Internet, concludes Mr. Klimov

. regulation and legal regulation in the field of debt collection for natural persons, "b" reported that the draft law was developed by the deputies of the State Duma. "The approach proposed by the draft law concerning the possibility to warn the debtor that another person has attempted to carry out with the debtor the intervention to repay the arrears by posting a message in the register as an alternative to the notification to the debtor by registered mail. , – said there.

Bankers also do not consider a public way of informing the debtor on the transfer of his debt to the collector's work effect "Due to the publication, situations that carry risks to debtors and are able to damage the reputation of the creditor will be created, "said Elman Mehtiyev, executive vice president of the Association of Russian Banks . people. "

The experts note that legally significant actions against natural persons should be specified and directed to address." At the debtor's question about the collector's rights to collect the debt, one can begin to answer that all the information is officially inscribed on the register and that no one is obliged to specify them, "explains Nurida Ibragimova, NUU's quality control officer" Amuleks. "In addition, she said, there are resources on which," knowing the Pbadport data of a citizen, you can find his NIF, and now by TIN, everyone can inquire about his debts without leaving his home. "

Svetlana Samuseva, Anton Dugin

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