The work of the Federal bailiff service
Photo: Mikhail Fomichev/TASS
Large collection companies, which account for half of the volume of the levies, had to be accredited under the new rules and now they will be less to disturb the debtors. Not included in the registry will not be able to collect the debt
Major collectors are managed to be accredited until the New year and get into the official registry of the Federal bailiff service (FSSP) on December 30, said the Department services. As stated by RBC in the National Association of professional collection agencies (NAPCA), work in the legal field since the New year started half collection market (in terms of penalties).
A decree on the transfer of the regulation of the collection agencies to the Ministry of justice and the FSSP came into force at the end of December. According to this document, the Ministry of justice will regulate the collection market, and FSSP — maintain a public registry of collection agencies. 21 December was published the decree of the government, clarifying the powers of the Federal bailiff service, without which, as he said, market participants could not begin accepting applications in the registry.
As previously wrote RBC, the fall of the collectors complained about the delay in the appointment of regulators of the market, without which it accepted 230-FZ on protection of rights of individuals when collecting debts would not be able to start work from 1 January 2017. Market participants explained the delay in a “bureaucratic hitch”.
230-FZ restricts collection activity: in particular, professional debt claimants will not be able to disturb the debtors with phone calls more than once a day and often two times a week, and the calls themselves must not be provided from 22:00 to 8:00. Personal meetings between the collector and the debtor should not be held more than once a week. The law prohibits collectors to hide the phone number from which they call the debtor, the same requirement applies to the e-mail address. The documents and recordings proving the communication of collectors with debtors, should be kept three years. In addition, 230-FZ obliges collection agencies to join the state registry.
It is expected that the territorial bodies of 28 of the largest regions will be created a special Department and others have identified the officials who will handle the acceptance and processing of applications for entry in the register, told RBC in the FBS. 30 Dec Moscow Department of the Federal bailiff service issued certificate of entry in the register of the ten largest debt collection firms. Just by that time, the FSSP has adopted 31 application for accreditation.
Reception of documents from the collectors really began in late December, says the President of NAPCA, Alexey Savatyugin. “Then 10 or 15 companies have applied for accreditation, the documents they took,” he notes. December 30, in the register of the FSSP got company “Activitiesother” “Loan Finance”, “M. B. A. Finance”, “national service recovery”, “First collection Bureau”, “Sequoia Credit consolidation”, the “sentinel,” fasp, “Center YUSB”.
In General, anyone wishing to operate under the new rules claimants can log in to the registry during January, adds Savatyugin. According to him, in 2017 the market may stay a maximum of 150 collection agencies (currently, according to NAPCA, from 600 to 1 thousand).
The new rules of the collectors can reduce the collection efficiency by 15-20%, adds the President of the collection Agency “Sequoia Credit Konsolideyshn” Elena Dokuchaeva. “But for debtors, the new rules will have a positive connotation — they are really collectors will be less worry” — she expects. According to Dokuchaeva, in 2017, the number of pre-trial action of debt will decrease and they will spill over into the courts.
According to the Bank, by November 1, 2016 overdue debt of individuals to banks amounted to 892,77 billion rubles For the year it grew by more than 22 billion rubles.