The State Duma adopted in the first reading a bill on the reform of collection activity, which, in particular, excludes the possibility for banks to be a representative of a creditor when collecting overdue debts. The document was submitted to the parliament by the government in early September.
According to the current legislation, the following can interact with the debtor to return the delay: the creditor himself; a new creditor upon transfer of rights of claim to him; a person acting on behalf of or in the interests of a creditor, if this person is a credit institution or a professional collector.
The bill provides that as a representative of the creditor, the creditor will be able to interact with the debtor on the return of overdue debt; a new creditor upon transfer of rights of claim to him; professional collector (professional collection organization acting as a representative of the creditor).
Earlier, the State Duma Committee on the Financial Market criticized this provision. According to the committee, the document does not take into account the economic component of the expediency of delegating debt recovery powers: it is often more profitable and cheaper for small regional banks to delegate such powers to a third-party organization – for example, a large bank that has a specialized debt collection unit than to create such a unit at home and maintain a staff of employees who perform the relevant functions of debt collection.
According to the draft law adopted in the first reading, the following will be able to interact with debtors through the State Services portal: professional collection organizations; credit or microfinance organizations; a representative of a creditor who is a professional collection organization, as well as a creditor who is a telecom operator. The Committee believes that the rule on telecom operators also needs to be revised, since the list of persons who interact with debtors through the State Services portal is not consistent with the list of persons who, under common law, can interact with the debtor.
According to the current legislation, the Federal Bailiff Service (FSSP) has the right to control the activities of professional collection organizations. At the same time, administrative penalties for violations in the field of repayment of overdue mortgages by citizens can be applied both to professional collectors and to other persons who work in this segment: credit and microfinance organizations (MFIs). The bill proposes to expand the powers of the FSSP and transfer to it state supervision over the activities of credit and microfinance organizations in the field of repayment of overdue debts of individuals. As part of the new powers, the FSSP will maintain a state register of professional collection organizations; a list of credit and microfinance organizations that repay overdue debts of individuals. The list will be published on the official website of bailiffs and generated automatically as part of interagency cooperation with the Central Bank.
It is proposed to establish that banks and MFIs, in order to interact with debtors during personal meetings, telephone conversations, using an automated agent, text, voice and other messages, will be required to own programs that will record all cases of direct interaction aimed at returning overdue debts. “Also, for such organizations, an obligation is established to record all text, voice and other messages transmitted during the implementation of interaction aimed at returning overdue debts, and to store this information for 3 years,” the explanatory note says.
Before starting interaction with debtors, banks and MFIs will have to send bailiffs a notice of the beginning of interaction with copies of documents confirming the availability of the equipment necessary for audio recording. At the same time, the FSSP, in case of non-compliance of equipment and software with the established requirements, may prohibit interaction with the debtor.
At the same time, it is proposed to give the FSSP the right to establish restrictions for collection organizations, banks and MFIs on certain ways of interacting with debtors. Such restrictions may apply to one or more ways of interacting with debtors for up to 60 calendar days. The draft law provides a closed list of violations that may lead to suspension of activities. In particular, we are talking about violations of the requirements for interaction with debtors.
The bill establishes a rule according to which, at the initiative of the creditor or the representative of the creditor, it is prohibited to contact the debtor regarding the return of overdue debts during the grace period for mortgage credit holidays.
It is proposed to establish the possibility of interaction between the debtor and the creditor using the debtor's e-mail in the event that the address of such e-mail is indicated by the debtor at the conclusion of the contract, as well as using a single portal of state and municipal services. “These innovations will lead to a reduction in the costs of both creditors (their representatives) and debtors,” the explanatory note says.
According to the current legislation, additional methods of interaction determined by the debtor and the creditor in a written agreement cannot be used if the debtor has notified the creditor of the refusal of such an agreement. The notification must be sent by the debtor through a notary, by registered mail, by registered mail with delivery against receipt. The bill introduces the possibility of sending a corresponding letter to the creditor by e-mail, while this mail must be indicated in the contract.
on the consequences of non-fulfillment or improper fulfillment of obligations stipulated by civil law.
According to the current legislation, the creditor is obliged to respond to the debtor's appeal on issues relating to overdue debt and its collection no later than thirty days from the date of receipt of such an appeal. The bill reduces the response time to ten business days.
According to the materials for the bill, the adoption of the law will increase the number of entities controlled by the FSSP from 400 to about 2,200 units, which will include professional collection organizations and approximately 1,400 microfinance and 400 credit organizations .