Complaint to Roskomnadzor against collectors: sample filling. How to write a statement against debt collectors and in what cases it is worth doing this Application to the prosecutor's office about threatening calls

The availability of loans and their popularity in modern society, together with the dishonesty of banks and the difficult financial situation, have created a situation in which the majority of citizens simply cannot pay off their debts. Each bank copes with this problem on its own - some offer restructuring with easier monthly payments, some are ready to give a break in payments, while others allow refinancing. But most often, failure to pay the debt ends in its sale to collectors.

Collectors (or “debt collection specialists”) are people whose profession is to persuade a citizen to repay a loan or other loan to a bank or other person. In theory, they should act as intermediaries between the debtor and the bank, offering assistance in payment or simply making calls and visits in order to receive money. But most often, collectors use threats and damage to property as a means of intimidation and coercion to pay. We will tell you in our article who you can complain to in such cases.

When is it okay to complain?

Previously, there was no regulatory framework at all regulating the work of debt collection specialists. So claims could only be filed if there was a direct violation of human rights and freedoms. But in 2017, a law on debt collectors was adopted, which created strict restrictions, the violation of which debtors can complain about. You can submit a claim if:

The collector calls you or comes to your house at the wrong time (that is, too late or too early);
When contacting you in person, the collector does not contact you using the form, and also does not provide all the necessary papers, receipts and details;
The collector contacts your relatives and employer in the case where you did not authorize this in writing;
The collector uses threats, psychological pressure, blackmail against you;
The collector harms your or someone else's property and your health.

Information

At the same time, you should always somehow confirm the fact that the damage was actually caused by the collector. Photo/video materials or testimony of witnesses can help you with this.

Who can you complain to?

In the Russian Federation, there is no separate government service responsible for supervising the collector and the rules for compliance with the law “On Collection Activities”. So you will have to complain to third-party or private organizations. You can submit an appeal:

To the collection organization itself, which is engaged in the return of funds;
To special private anti-collection agencies;
To the police at your place of residence;
To the prosecutor's office responsible for your area;
To the court at your place of registration or at the place of registration of the collector.

Since the reasons and principles for filing an appeal are fundamentally different between these authorities, we will consider each of them in detail.

Complaint to the collectors themselves

This is a very situational complaint that is unlikely to help you in any way. It can only be effective in cases where collectors have made a mistake (for example, they are asking you for money under an agreement that you did not draw up and sign), or when an employee of a collection agency is engaged in fraud.

There are two ways to submit a complaint to a collection agency. The first is to contact management personally. This is very convenient, since you don’t need to write anything, but it is ineffective - verbal complaints are not recorded in any way, so it will not be possible to prove the fact of the complaint if necessary. A written complaint is more effective, since when you submit it, you will have a document in your hands that records the fact of contacting management. Making such a claim is very simple - you need to write in free form the agency’s data, your data, describe the essence of the problem and your requirements. Such an appeal ends with a signature and date of submission, and a response to it should come within a month.

Contacting the anti-collection bureau

Anti-collection organizations were extremely popular until 2017, but now their number has noticeably decreased. In essence, these are legal bureaus that represent the interests of the debtor in contact with debt collectors and take full responsibility for communicating with the specialists of these services. In addition, they provide security to clients and their property in the event that there have been attacks or threats.

Contacting an anti-collection bureau is completely identical to contacting a private law firm or other similar organization - the client contacts a specialist, enters into an agreement with him and pays for the service. That is, there is no need to write any claims or complaints. The price varies from organization to organization and greatly depends on what exactly the debtor needs.

Statement to the police

You should file a police report if debt collectors violate your rights or pose a threat to you and your property. The police react much faster than other services, but at the same time they go into the details of the case much less.

In order to contact the police, you need to personally go to any department (preferably the department at your place of registration) and write a statement. You will be given a form at the branch itself, in it you will need to indicate who, how and when violated your rights, as well as note your personal data. If something threatens you or the collectors have damaged your property, then call the police directly to the spot and draw up an appropriate report.

Application to the prosecutor's office

An application to the prosecutor's office is one of the most effective forms of complaints, since it can be sent under almost any circumstances - from violation of the law on debt collectors to crimes by collection specialists. In this case, you should send your complaint strictly to the prosecutor’s office of your area in person or by registered letter.

The appeal itself has a fairly free form, but it will be necessary to indicate in it:

The name of the prosecutor's office, as well as the name and title of the head;
Your personal data;
A detailed description of the violation that was committed;
A list of papers that will be sent to the department along with the complaint.

Be sure to include as much evidence as possible in your application: written testimony of witnesses, conclusions, photographic materials. Your complaint will be considered for 15 days if it does not require additional verification and 30 days if an investigation is required.

Lawsuit

Let's move on to the most serious, effective and at the same time difficult way to complain about the arbitrariness of debt collectors - going to court. You can file a claim for any violations, but the place where you file will depend on what specific demands you are making. If you make claims to collectors, the total amount of which does not exceed 50,000 rubles, then the claim should be filed in the magistrate’s court, if it is higher than 50,000, then in the arbitration court. If there is a serious proceeding in order to stop criminal activity, then in some cases you can go to the district court.

The statement of claim, unlike the complaints described above, has a strict form and is written according to a clearly established pattern:

Title. It should be written in the upper right half of an A4 sheet (the court will put its data on the case on the left). The title states:
1. Name of the court (address and title);
2. Name of the plaintiff (full name and registration address, contacts);
3. Name of the defendant (name of agency, details);
4. Cost of claim.
Information part. Contains basic data on the case. It states:
1. What specific offense was committed;
2. What actions were taken by the plaintiff to resolve the conflict;
3. List of claims;
4. Request to the court;
5. Justification of claims and requests to the court;
Conclusion. Contains:
1. A list of evidence attached to the claim;
2. Applicant's signature;
3. Submission date.

Once filed, the claim will be considered within 5 days. If the court finds that the complaint is legitimate and justified, then a meeting will be scheduled during which the court will consider your claims and evidence, listen to the position of each party and make a decision.

Application sample

Consequences of stopping work with collectors

In conclusion, we note the consequences that await you if you stop working with debt collectors voluntarily or through a complaint. Once you stop communicating with debt collectors, you may be sued for failure to pay your debt. If you do not have good reasons for not paying the amount required by the bank, then your chances of winning are minimal.

Before complaining about debt collectors to the prosecutor's office, we recommend taking a simpler action - writing to the bank application for revocation of personal data. It often happens that after receiving this application, collectors stop pestering the debtor and transfer the loan back to the bank. If, in your case, revocation of personal data did not help, and your rights continue to be systematically violated, then it really makes sense to complain about the actions of debt collectors to law enforcement agencies.

Before contacting the prosecutor's office, be sure to read complaints against debt collectors to the police and recommendations for their preparation. The difference between complaints to the prosecutor's office and to the police is that you need to complain to the police about actions that, from your point of view, can be classified as a crime, and the prosecutor's office is obliged to monitor compliance with the legality of the work of organizations and citizens. In simple terms, the capabilities of the prosecutor's office are slightly wider than those of the police.

We would like to point out right away that if you do not use the services of a credit lawyer, you are unlikely to be able to punish debt collectors. However, if you do not want to contact an anti-collector, you can use a short sample complaint against debt collectors to the prosecutor’s office, just do not forget to change your data in this application and select those episodes that are relevant to your situation. You can send the resulting document by registered mail with acknowledgment of receipt or hand it over to a reception at your territorial prosecutor's office in person.

In order to contact the prosecutor's office, it makes sense for you to collect a set of documents that confirm and justify the text of the complaint. So, if debt collectors threaten you over the phone, it makes sense to take a printout of calls from your operator and white out the numbers of the offenders with a text marker. If debt collectors come to your home, be sure to call the police and demand that a report be drawn up, a copy of which can also be attached to the complaint. In addition, you must attach a complaint that was compiled and sent previously to a collection agency and/or bank, as well as a postal document serving as proof of its sending.

Applications (complaints) to the prosecutor's office against debt collectors can be divided into two fundamentally different groups. The first group consists of statements in which citizens ask the prosecutor’s office to check the legality of the actions of collectors and bank employees directly. They often duplicate statements to the police, although they do not repeat them directly. This includes statements about unlawful disclosure of personal data, statements about checking the legality of calls at night, statements that collectors are posing as bailiffs, and so on. The second large group includes statements about the legality of police refusals to initiate criminal proceedings and conduct inspections. In this article we focus on the so-called initial appeals.

So, the complaint to the prosecutor's office must contain the following elements:

Full name, telephone number and registered address of the applicant, as well as (if they differ) the address at which the applicant can be contacted.
Specific factual circumstances or actions that, in the opinion of the applicant, violate his legal rights and interests.
Approximate qualification of these actions in accordance with the law.
I request you to look into this situation, conduct a prosecutorial investigation and inform you of its results.
Applications that confirm the factual circumstances stated in the application.

SAMPLE

To the interdistrict prosecutor's office of Moscow
Moscow, st. Prokurorskaya, 1, building 1

From: IVANOV IVANOVICH

Registration address: Moscow, st. Popkina, 1, building 1, apt. 1

Please send correspondence to the following address: Moscow, st. Piskina, 2, building 2, apt. 2.

APPLICATION (sample)

I, Ivan Ivanovich Ivanov, entered into loan agreement No. 0001 with CJSC Khrenobank (hereinafter referred to as the Bank) on January 1, 2013. In accordance with this agreement, I was provided with funds, and a certain schedule of annuity payments was established to repay this loan.

Due to the difficult financial situation, starting from November 2013, I paid funds to the Bank in a smaller amount than established by the loan agreement. I notified the Bank about this in advance, submitting an application for loan restructuring and bank holidays. There was no response from the Bank to these statements.

In December 2013, I began receiving calls on my mobile phone demanding that I immediately repay the debt and deposit funds in full. The citizens introduced themselves as employees of the collection agency Ugly Collector LLC. I repeatedly explained the situation to the employees of this agency, and also explained that I pay money as much as possible and that the Bank has been notified of the current situation. In every conversation, I invariably pointed out that the Bank and/or any creditor has the right to collect the debt in court at any time. However, in response I received only obscene language and rudeness.

My repeated requests for the provision of any title documents confirming the right of the employees of Ugly Collector LLC to demand any money from me also remained unheeded. The calls have become more frequent, including in the evening and at night (see attached printout of calls). Due to the specifics of my work, I do not have the opportunity to refuse mobile communications during the day, so I was forced to receive night calls. At the same time, I pointed out to the callers that their actions showed signs of hooliganism as described in the articles contained in the Criminal Code of the Russian Federation and the Code of Administrative Offenses of the Russian Federation.

Two weeks later, employees of the collection agency Ugly Collector LLC began to directly insult me and also threaten me and my family and loved ones. Their conversations included phrases like “you’ll regret you were born,” “our mobile team leaves once, it’s no longer needed,” “we’ll blow your brains out,” and so on. I was forced to record telephone conversations, the transcript of which I attach to this complaint.

On December 21, 2013, three employees of the collection agency Ugly Collector LLC came to my home, threatened me, loudly knocked on the door, used obscene language and extorted money from me. These citizens left only after I informed them that I had called the police to my address. This fact can be confirmed by my neighbor, Petrov Petrovich, residential address: Moscow, st. Piskina, 2, building 2, apt. 3, mobile phone: +7 555 666 7777.

I believe that the actions of employees of the bank ZAO Khrenobank violate the law “On Personal Data” and may fall under Art. 183 of the Criminal Code of the Russian Federation “Illegal receipt and disclosure of information constituting commercial, tax or banking secrets.” Please note that my complaint is in line with the letter of the Central Bank of the Russian Federation dated March 14, 2014 N 42-T “On strengthening control over the risks that credit institutions face when using information containing personal data of citizens.”

In addition, I believe that the actions of employees of Ugly Collector LLC may fall under Articles 119 “Threat of murder or infliction of grievous bodily harm”, 159 “Fraud”, 163 of the Criminal Code of the Russian Federation “Extortion”, 172 “Illegal banking activities”, 183 “Illegal receipt and disclosure of information constituting commercial, tax or banking secrets.”

Federal Law “On the Prosecutor’s Office” in Art. 10 indicates that the prosecutor's office, in accordance with their powers, resolves statements, complaints and other requests containing information about violations of laws. In this regard, I appeal to you to protect my rights and legitimate interests. Due to the above circumstances,

ASK:

1. Conduct a check of the legality of the actions of employees of CJSC Khrenobank and LLC Gadkiy Kollektor.

2.Notify me about the results of the inspection to the address indicated by me as the address for correspondence, within the period prescribed by law.

APPLICATIONS:

1.Copy of Ivanov Ivan Ivanovich’s passport.

2. Printout of phone calls from mobile phone 8-888-888888.

3. Transcription of telephone conversations with subscriber 7-777-77777.

"____"______ 201__
IVANOV I.I. /signature/

Please note that the content of the statement depends on the specifics of the specific situation. Moreover, to effectively protect your interests, you need to take comprehensive measures and competently interact with different authorities. Before sending any documents, we strongly recommend that you consult with a specialist, especially since telephone consultation in our company is provided free of charge.

Helpful information

Today, the business of “knocking out” bank debts is gaining momentum throughout Russia. Collection agencies and bank collection services are opening in all regions of the country.

Competition appears and collectors have to seriously fight for every ruble. Moreover, the methods often go beyond the legal framework.

ATTENTION!!!

For residents MOSCOW available FREE consultations in office provided by professional lawyers on the basis Federal Law No. 324 “On free legal assistance in the Russian Federation".

Don't wait - make an appointment or ask a question online.

The rights of debtors are violated, namely:

constant calls at any time of the day;
threats to life and health;
damage to property;
use of violence against debtors and their relatives.

Of course, you can constantly run to the local police officer or write statements to the prosecutor’s office, but this will not solve the problem.

You can only punish the employee who called you, and only if there is strong evidence:

recordings of conversations containing direct threats;
correspondence from a personal computer;
Threatening SMS messages;
medical examination of beatings.

You need to write a statement to the prosecutor's office in conjunction with other complaints and if there is evidence that you will have to collect yourself.

Let's look at an effective method of combating debt collection and banking lawlessness.

The most effective way to pacify debt collectors is to file a complaint with Rospotrebnadzor against a collection agency or bank.

Let's look at what complaints are most often considered by Rospotrebnadzor employees and how to draw them up correctly.

The most common complaint to Rospotrebnadzor, this is the failure to provide or distortion of information about loan commissions in banks.

Imposition of additional services by banks. For example, a client will not be given a loan if he does not insure his life and health with insurance companies accredited by the bank. Russian legislation does not consider this type of insurance mandatory.

One-time commission for opening a credit account. This is the responsibility of the bank to the Central Bank, but not the responsibility of the client to the bank. When taking out a mortgage, it can reach 30-50 thousand rubles, which you will agree is a lot.

Important! You can read here how to deal with such commissions.

Complaint to Rospotrebnadzor against collection agencies or bank collection services. The department itself considers their activities illegal.

Quite often, Rospotrebnadzor initiates legal proceedings and represents the interests of debtors in court.

How the application is processed

Department employees make a request to the bank to receive a copy of the agreement and the flow of funds in the client’s account.

If the debt is sold or assigned, a request is made to the collection agency, which must send a copy of the agreement on the basis of which it received the debt for work.

After reviewing the submitted documents, a decision is made:

recognizing the actions of a bank or collection agency as legal;
initiating an administrative case against a bank or collection agency and imposing fines. Up to the deprivation of a license or closure (especially for collectors).

Based on the decision, the bank will be required to amend the loan agreement.

Important! Rospotrebnadzor does not have the right to oblige the bank to pay monetary compensation to the client. Such issues are resolved through the courts.

You can contact the department at your place of residence by writing a complaint on the form. State the essence of the question and attach:

loan agreement;
a copy of the agreement from the collection agency (agency or assignment);
recordings of telephone conversations;
application for restructuring and bank refusal;
other documents required by the department.

You can write a complaint on the Rospotrebnadzor website.

Important! According to Federal Law No. 59, a complaint to Rospotrebnadzor will not be considered if:

Full name missing the applicant;
there is no return postal address;
complaints containing obscene language, threats to life and health, etc.;
there is no name of the organization against which the complaint is being written, as well as its actual and legal address.

Sample

Many debtors simply do not know how to file a complaint to Rospotrebnadzor, and often ask about this. We decided to write detailed instructions on how to do this.

So, let's begin:

We go to the Rospotrebnadzor website - click here .
We read the filling rules very carefully. The complaint must not contain obscene language, threats, etc.
Fill in the lines with your full name. and the city.
If you want to receive a response by mail, please indicate your postal address. If by email, then your email.
Select the topic of the complaint from the list. In our case, “Poor provision of services by banks and other credit institutions.”
We are writing the complaint itself. There is no need to describe everything in detail. For example: threatening calls are received from such and such a bank. They call so many times a day and at such and such a time. Please take action.

It is advisable to attach printouts of calls. Now telephone companies issue them without any problems. You can also attach recordings of negotiations if you were able to make them.

In 99% of contracts, your rights as a borrower are violated by the bank. We do not have the right to change the standard agreement, although by law we have equal rights with the creditor. If we try to challenge something, they simply won’t give us the money.

The Bank cannot unilaterally:

increase the interest rate;
change the terms of deposits;
reduce interest rates on deposits, etc.

All this violates the law and infringes on the rights of clients. If a similar situation has happened to you, we advise you to use your right to go to court (Article 3 of the Code of Civil Procedure of the Russian Federation). This is the only way to put a credit institution in its place. Otherwise, you will lose money or become a debtor.

Complaint to Rospotrebnadzor against debt collectors

We are not clients of collection agencies. Their clients are banks. We are debtors to them. And the law thinks exactly the same. Therefore, the complaint in this case is meaningless.

But we have the right to complain to the bank if the debt has not yet been sold. In fact, the debt is transferred temporarily under an agency agreement (Article 1005 of the Civil Code of the Russian Federation) to the agency whose employees begin to call and threaten. Record conversations and write a statement to Rospotrebnadzor and the prosecutor's office.

Since there has not yet been a trial and you have not been officially recognized as a problem borrower, the bank will be seriously fined. This will force you to return your contract back and begin civilized collection in court.

Bottom line

A complaint to Rospotrebnadzor is one of the most effective ways to solve debt problems. Along with this, we advise you to think through the judicial side of the issue.

If you have any questions or require specialist advice, write to us in the comments to any article. You can also contact the site’s duty lawyer. We will definitely answer and help you sort out the difficult situation.

Any debt can only be collected through court. Collectors have the right to demand repayment of the debt only if this clause is specified in the agreement between the bank and the client. But this is not a reason to trust people who come on behalf of the bank and demand money. People who know all the nuances of bank lending usually demand from collectors a copy of the agreement between them and the bank, as well as other documents. But what to do if the actions of collectors go beyond all limits? The answer is simple - write a statement and take it to the prosecutor's office.

A complaint against debt collectors can be filed not only with law enforcement agencies. You can contact the company itself and complain about the employee’s actions to management. You should also withdraw your personal data. The bank will not be able to use them in the future by transferring them to third parties. And if it gets even better, you can sue. This is done quite simply.

First, you should write an application for revocation of personal data. It is sent to the legal address of the bank from which the loan was taken. Copies of the loan agreement and passport must be attached to the application. A copy of the application should also be sent to collectors. But if these actions do not bring results, and the collectors continue to harass you, you should seek more qualified help.

You should take writing a complaint seriously, as the outcome will depend on it

What to do if collectors call

Many collection organizations do not come to debtors’ homes, but act through telephone calls. At the same time, they call not only them, but also relatives. But not everyone knows where to complain about calls to debt collectors. In this case, the prosecutor's office can help, especially if it is possible to establish the fact of extortion.

It is recommended to record all conversations with debt collectors. Moreover, the interlocutor must be warned that the conversation is being recorded. In practice, such recordings rarely play any role in court, but the message about recording the conversation of particularly arrogant employees of collection companies quickly “pacifies”.

However, when talking with a debt collector, there is no need to panic and react to threats. First of all, it is important to clarify several questions, namely:

Full name and position of the interlocutor;
full name of the agency;
exact address of the company;
contact phone number.

You should also definitely ask the debt collector why he is calling and where he got the information about the bank debt.

What to do if debt collectors come to your home?

The main mistake that legally illiterate debtors make is that they let in employees of collection companies. Only the police and bailiffs have the right to enter a private home without the consent of the owner. Therefore, all conversations with collectors can be carried out on the staircase. If you enter an apartment illegally, you can (and should) call the police.

A personal conversation is no different from a telephone conversation. Except for one thing – the debtor has the right to demand that the collector present personal documents. It’s also better to record the conversation. Usually all conversations with collectors come down to resolving the following issues:

the debtor wants to establish a different payment schedule;
he needs time to find funds to pay the loan;
the debtor is going to clarify all issues regarding the loan exclusively with the bank.

Lawyers recommend coming to a peace agreement with the collectors and signing a document that will clearly outline the new payment schedule. But there should be no settlements with a representative of such an agency. If an employee demands money to pay for penalties and fines, it is worth asking him to put everything in writing.

Police or prosecutor's office

Where can I complain about debt collectors so that this appeal brings results? It is important to know that the difference between complaints to the police and the prosecutor's office is significant. You should complain to the police about the illegal actions of collectors, while the prosecutor's office monitors the legality of the activities of citizens and organizations, so their scope of activity is much wider.

How to write an application

Before contacting the prosecutor's office, the applicant must collect all documents that will confirm the text of the complaint. For example, debt collectors threaten a debtor over the phone. This means that you need to take a printout of calls from the operator. If they come home, you should call the police and don’t forget to take a copy of the report from them. When making an application for debt collectors, you need to know:

the essence of the problem should be stated briefly, not forgetting the details;
it is better to submit an application to the district office at the location of the collection organization, and not at your place of residence;
In the application, you must indicate your own data, since the prosecutor’s office will not consider an anonymous complaint.

If an appeal to the prosecutor's office did not bring results, and the collectors continue to harass you, then you do not need to write a new application - you should come to an appointment with the prosecutor who is handling this case and find out all the details.

The application to the prosecutor's office must contain:

Like any standard statement, the complaint must begin with the so-called “header”. It must contain the full name of the prosecutor's office, full name and address of the applicant, as well as data of the collection company.
Next comes the descriptive part of the statement, in which it is necessary to briefly outline the essence of the problem. All actions of collectors must be described in as much detail as possible. The application must indicate all evidence of unlawful actions that the applicant has.
Then the applicant must indicate his requirements: in this case, this is conducting a prosecutorial audit and bringing certain individuals to justice. At the end of the application you should write a list of documents attached to the application.

Application to the prosecutor's office against collectors: sample

Sample application to the prosecutor's office against debt collectors

How to apply

You can file a complaint against the actions of debt collectors in several ways:

personally contact the prosecutor's office, having two copies of the application with you;
send the document by mail (not the best method, as it can get lost or take a very long time);
write a statement on the website of the prosecutor's office.

In law Prosecutor's office officials review citizens' applications within 30 days. This period may be shorter, since much depends on the complexity of the case, etc. After this period, a response will be sent to the address specified by the applicant. If you don’t have time to wait, you can personally find out what has already been done on the case.

If the decision of the district prosecutor's office does not bring any results, and the debt collectors continue to harass you, you should contact a higher authority. This may be a regional or regional prosecutor's office. The appeal is filed within 10 days after the decision of the first instance. If this deadline is missed, the application will be impossible.

Sample appeal

Even if a citizen owes a debt to the bank and for some reason is unable to repay the debt, it is better not to bring the matter to the point of dealing with debt collectors. The easiest way to get rid of them is with the help of a new agreement with the bank, which stipulates a new payment schedule, otherwise you will have to resolve the issue with the help of the court, which is very tedious and costly.