Anticollector Kyiv

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The economic situation that has developed in our country in recent years leads to more and more people with financial obligations to banks becoming their involuntary hostages. It is even more unpleasant when collection agencies begin to make claims for debts. The borrower or guarantor under the agreement who has come under the attention of collectors is subjected to severe psychological pressure from the employees of the collection organization. Unfortunately, relatives, employers and even the borrower’s children also suffer from such pressure.

Among the methods of pressure on debtors used by these semi-legal organizations, the most common are:

• endless phone calls at any time of day or night;
• threats both in writing and verbally;
• forged court decisions;
• posting the debtor’s photos and personal data on entrances and other places, and many others.

Unable to withstand the psychological pressure, people targeted by these services begin to ask themselves: how to protect against collectors, whom to turn to for help, and to what extent are the actions of such organizations legal. Moreover, protection from collection agencies is often required not only by the debtor himself, but also by his relatives, friends and even colleagues whose phone numbers somehow ended up in the collectors’ database.

If you find yourself in such a situation and need a professional anti-collector, the lawyers of the association «Nakaz» will help you overcome the pressure of such structures. Do not delay contacting an anti-collector agency when you become victims of outrageous, very often inhumane actions of extortionists. In our lawyers’ practice there have been cases where the psychological pressure exerted on debtors caused even thoughts of suicide in the people subjected to it.

What collection agencies can do

Many wonder what collection agencies can do and how much their actions are controlled by law. In fact, any methods of influence used by these people are initially unlawful. When they call your workplace, threaten your loved ones and exert other psychological pressure, you can file a lawsuit for moral and material damages, especially if you can prove that their actions constitute coercion to perform civil-law obligations, which is prohibited by the Criminal Code of Ukraine.

Another question is whether collectors can file a lawsuit. In general, the answer is yes, but it is not in their interest. After all, if you currently lack the ability to pay the debt, the judge may grant you a deferral, while creditors want to receive their money as quickly as possible. If you are harassed by collectors and want to protect yourself, contact our company and we will help solve these problems. You do not have to endure the pressure and ruin your nerves every day for nothing.

Our anti-collector in Kyiv will thoroughly examine the terms of your credit agreement, promptly and professionally explain to you whether the claims made by both the bank and the collectors are lawful, outline the steps that need to be taken against such structures, represent you in court instances, and provide comprehensive protection of the client’s interests.

The activity of collection organizations in Ukraine is gaining increasing momentum, and their methods are becoming more and more persistent. The legal basis for collectors’ activities are contracts of commission (Art. 1000 of the Civil Code of Ukraine), assignments of debt (Art. 512 of the Civil Code of Ukraine), or factoring (Art. 1077 of the Civil Code of Ukraine). Banks and other creditors actively use these provisions, transferring their proprietary rights under agreements to so-called collection organizations. At the same time, there is a complete lack of a legislative framework that regulates the activities of such structures. According to the laws of Ukraine, only the State Enforcement Service has the right to collect debts on the basis of a court decision that has entered into force.

Risks you face when negotiating with collectors without proper legal consultation

1. Indeed, substitution of the creditor is allowed, but there are situations in which this procedure is excluded (a prohibition on replacement of the creditor may be provided for in the agreement; the obligation concerns compensation for damage caused by injury or health impairment).
2. The replacement of the creditor must be carried out in accordance with a specific procedure, failure to comply with which means that the collection organization does not acquire the right to claim under the agreement, and the debtor accordingly must fulfill his obligation to the original creditor. This means that if you are not provided with proof of the assignment of the debt, you must not in any case pay the debt to the collectors. If, out of fear and without seeking the help of an anti-collector lawyer, you fulfill the obligation to the collector, and later it turns out that the assignment of the debt did not actually take place, you will still be obliged to fulfill your obligation to the bank, which will state that it knows nothing of any collector, did not transfer the debt, the parties to the agreement are the bank and you, and therefore payment must be made to the bank. So be careful: calls and letters are not reliable evidence; all actions of collectors, the bank and you must be documented.
3. The scope of the creditor’s rights under the agreement does not change after the assignment of the debt. Collectors may unilaterally change the terms of the agreement and recover amounts you are not obliged to pay.
4. The transfer of your personal data must be carried out in accordance with the law. If you cannot protect your rights to the confidentiality of personal information, collectors will use every available means to pressure you, including threats to your relatives, neighbors, appeals to employers, and so on.

Borrower’s protection from collectors – step-by-step instructions

If collectors threaten you, what should you do first? The anti-collectors of our legal association advise you to obligatorily follow these recommendations:

1. Keep calm, do not panic. Record all information about the collection organization and the employees who contacted you (full name, position, organization name, actual and legal address). Collectors mainly use psychological pressure, so it is important from the first conversation to set the right tone, make collectors understand that you are legally savvy, know your rights and are able to protect them. Do not react to threats; watch your speech and avoid emotional breakdowns. If you give in to agitation, you will not be able to properly control your behavior and may inadvertently provide collection company employees with information that will help them in exerting further psychological pressure on you.

2. Demand documentary proof of the collectors’ authority. This may be a contract of commission, an assignment of debt or factoring.

3. If the collectors do not provide you with properly executed documents confirming their authority, you have the right to terminate any communication with them. In this case, we recommend sending a written request to the collection organization’s address by registered mail with delivery confirmation requesting documents that confirm their authority.

4. After you have verified that the collectors are acting lawfully, reconcile the amount of the debt. Collectors often try to increase this amount, so if you have any doubts, demand a written calculation of the debt.

5. The methods used by collectors often go far beyond the legal field. If psychological pressure is exerted on you with various threats, intrusion into your private property, contact the police with a complaint. Sample complaint.

6. Data on the debtor’s financial and economic condition is a banking secret. Art. 62 of the Law of Ukraine “On Banks and Banking” provides a list of grounds for disclosure of banking secrecy. One of the grounds is a written request (permission) from the owner of the information. Accordingly, for the bank to involve a collection organization, the bank must have received from you the specified request (permission). Otherwise, you have the right to apply to the NBU with a statement requesting measures of influence on the bank. Sample application.

7. There have also been cases where the debt obligation itself was fabricated. In this case, it is necessary to challenge the authenticity of signatures in court and prove violations.

In any case, communication with collectors must be transferred to the legal field from the very beginning, and all actions must be carried out in writing and be professionally substantiated. Protection from collectors provided by the lawyers of «Nakaz» will help you cope with a difficult situation and resolve it more quickly within the legal framework. Collectors’ actions can go far beyond what is permissible and ruin the nerves of you and your loved ones, so you need to immediately seek qualified legal assistance and not wait for litigation, during which you will in any case need legal representation.

As a rule, the only place that allows dialogue with such companies is the court. A professional anti-collector will help you in a difficult situation when, in addition to the principal amount of the debt, the client is hit with colossal penalties, often several times the total debt. The Civil Code provides grounds for a significant reduction of such amounts if there are valid reasons. Documents legally and competently drafted by our specialists will allow you to obtain the necessary court decision, reduce the amount claimed from the client, and thus save his money.

Anti-collector services from Law Firm «Nakaz»

• Comprehensive legal analysis of the agreement (pledge, mortgage, credit, guarantee);
• Analysis of the legitimacy of the collection company’s claims;
• Support of negotiations with the creditor, bank, collection company;
• Protection of the borrower’s or guarantor’s rights against collectors or in court;
• Protection against unlawful seizure of property;
• Reduction of penalty amounts under the agreement: fines, penalties, liquidated damages, interest rate;
• Appeal and cassation challenges to lawsuits against the borrower, guarantor;
• Challenging the agreement and declaring it, or certain of its terms, invalid;
• Support of the enforcement proceedings: negotiations with the state enforcement officer, challenging his unlawful actions.