— Through the failure of the Ukrainians to extinguish dollar credits after the crisis and bankopad in Ukraine appeared a new kind of business — knocking out debts, — says the lawyer Nikolai Gavrilyuk, 52 years. Helps families to regain housing, selected collectors.
Who are the collectors?
Enterprises who voluntarily contracted debts with borrowers. In the Ukrainian reality is the raiders. When you can’t take the money, press auto and housing.
Is it worth to pay their debt, if indeed owed to the Bank?
— I do not advise to do that. Often, repayment of debts, collection firms do not register. Legally you continue to be a debtor of the Bank. Forced to pull the money can only the State Executive service according to the court decision that entered into legal force.
How to distinguish collectors from private players?
— Private performers is accredited by the Ministry of justice workers, who have passed examinations and are licensed.
Fines, penalties and interest, which require collectors — illegal. The only thing they can do in the legal field, in writing to remind you about the balance of debt and go to court to get the money through the bailiffs.
They knock the borrower Bank loans?
— Often talking about Bank loans on home appliances, car or apartment. Also are loans to non-banking institutions, debts on rent, bills for TV, Internet or mobile connection. The services of collectors to use and service companies.
Crush on borrowers?
— Lurk at the door in the morning. Write posts in social networks to humiliate you. Call the night. Afraid of judgment, loss of property. Promise physical violence against the debtor and his family. Intimidated. If you break the borrower fails, put pressure on guarantors. And they can invent. If you call on the phone at work and say something about the colleague who can’t get out of debt, do not rush to answer their questions and to call out his name.
Cases, when required to pay the debt for the namesake. In Ukraine, for example, was 15 Alexander I. Shevchenko.
What if the Bank closed, and the loan is not returned?
— Troubled banks can go to the management of temporary administrations. Therefore debt is not going away. National Bank open a special savings account where you have to pay loans.
Collectors are willing to purchase the debt in a liquidated Bank. Even if you paid, you can knock at your doors. Last year there was a case when the Bank gave the collectors the right to collect the debt on the loan, which long ago repaid. And people came to threatening messages.
Don’t settle to pay a penalty or penalty. Sometimes a person needs a jar of 800 UAH for the refrigerator, but he still requires 1.5 million penalty for late payment. There is article 21 of the “Law on consumer credit”, which States that penalties may not be more than 15 percent of the loan.
Demand from collectors the claim only in writing, with references to specific treaties. Ignore documents without signatures and seals, the requirements of sponsorship if you have not provided.
How to deal with threats?
— Record the telephone conversations with collectors. Do not delete their messages. This will support with evidence in court. Don’t wait until they start to act. Ask the police to open a criminal case. Under article 189 of the Criminal code — extortion, or 190 — fraud. If the guard at the entrance or at work — is a violation of privacy — article 182. If you do not take loans and are no guarantor, a registered letter will notify the collection firm that the claims are unfounded. Demand to remove information about you from the database.
What to do if collectors are full in?
— To call the police and write a statement. They have no right to break into a house and describe the property. It can only do officers of the court, after decision of the court.
You need time, patience and money for good lawyers. If the apartment is issued on other person should complain to the justice Ministry for a private notary, who illegally copied housing. To claim that he was denied a license. The courts often abolish unlawful re-registration of real estate.