Calls from the bank are moral damage. Debtors are sold with their relatives. In the claim to the court it is necessary to indicate

Decision to recover moral damages from the bank for the actions of debt collectors

MOSCOW CITY COURT

DEFINITION

The Judicial Collegium for Civil Cases of the Moscow City Court, having heard in open court the case on appeals against the decision of the Meshchansky District Court of Moscow, which decided:

To recover from the Defendant in favor of N., G., compensation for moral damages and the cost of paying the state fee,

INSTALLED:

The plaintiffs filed a lawsuit against the defendants for compensation for moral damage and asked to collect from the defendants jointly and severally compensation for moral damage, the cost of paying state fees, to oblige the defendants to provide acts of destruction of confidential information, to destroy their personal data from information databases, to destroy defamatory information their honor, dignity and business reputation, to update their credit histories in the central catalog of credit histories and the credit bureaus to which they were transferred.

In support of the claims, they indicated that in 2011 they began to receive calls to their mobile and home phones, SMS notifications, letters from Capital Collection Agency LLC with threats and unfounded demands for debt repayment, which caused them moral injury, due to constant threatening calls, an extremely tense atmosphere was created in the family.

The plaintiffs and their representative, lawyer Zhukova O.S. At the court hearing, the claims were supported.

The representative of ZAO Raiffeisenbank at the court hearing objected to the satisfaction of the claims and asked for the claim to be dismissed.

The representative of Capital Collection Agency LLC objected to the satisfaction of the claims at the court hearing, citing the fact that Capital Collection Agency LLC was not an appropriate defendant.

The court ruled the above decision, the repeal of which, in terms of satisfying the plaintiffs' claims, is requested by the defendant's representative based on the arguments set out in the appeal and in terms of the refusal to satisfy the claims, the plaintiffs are asking.

Having checked the case materials, heard the representative of the plaintiffs, the representative of ZAO Raiffeisen Bank by proxy, and discussed the arguments of the appeals, the judicial panel comes to the conclusion that the decision of the court of first instance in the present case regarding the recovery of compensation for moral damage and the cost of paying the state duty subject to cancellation for the following reasons.

According to Part 1 of Article 195 of the Code of Civil Procedure of the Russian Federation, the court decision must be legal and justified.

As the Plenum explained Supreme Court of the Russian Federation in Resolution No. 23 of December 19, 2003 “On a judicial decision”, a decision is legal in the case when it is made in strict compliance with the rules of procedural law and in full compliance with the rules of substantive law that are subject to application to a given legal relationship, or is based on application in necessary cases analogies of law or analogies of law (part 4 of article 1, part 3 of article 11 of the Code of Civil Procedure of the Russian Federation).

The decision is justified when the facts relevant to the case are confirmed by evidence examined by the court, satisfying the requirements of the law on their relevance and admissibility, or by circumstances that do not require proof (Articles 55, 59-61, 67 of the Code of Civil Procedure of the Russian Federation), and also when when it contains exhaustive conclusions of the court arising from the established facts.

The court found that a loan agreement was concluded between N. and ZAO Raiffeisenbank Austria, under the terms of which the plaintiff was provided with a loan in US dollars for a period of 36 months and a collateral agreement vehicle, and a guarantee agreement was concluded between G. and ZAO Raiffeisenbank Austria.

By the decision of the Meshchansky District Court of Moscow, which entered into legal force, N. and G. jointly and severally in favor of ROOF RUSSIA S.A. The amount of debt under the loan agreement and the cost of paying state fees were recovered. From the above court decision it follows that as a result of the assignment of receivables, the rights of claim of ZAO RaiffeisenBank under the loan agreement, pledge agreement and surety agreement passed to ROOF RUSSIA S.A.

On March 31, 2011, Raiffeisenbank CJSC was issued a certificate stating that the decision of the Meshchansky District Court of Moscow regarding the obligations under the loan agreement was fulfilled by N.M. in full March 18, 2011.

On September 13, 2011, an agreement was concluded between Stolichnoye Collection Agency LLC and Raiffeisenbank CJSC agency contract, under the terms of which Capital Collection Agency LLC assumed obligations, on behalf of Raiffeisenbank CJSC, to take actions aimed at collecting overdue debts from the principal’s borrowers. In accordance with the terms of the above agreement, only those borrowers who are in arrears in fulfilling their obligations under loan agreements should be transferred to the work of an agent by the principal.

In November 2011, Raiffeisenbank CJSC transferred the personal data of the plaintiffs to Capital Collection Agency LLC. This circumstance is confirmed by the case materials examined by the court and was not disputed by the representative of Raiffeisenbank CJSC.

November 18, 2011 on the basis of clause 3.1. of the agency agreement, the borrower N. entered the work of LLC “Capital Collection Agency”, G. acted as the guarantor under this loan agreement.

Based on clause 10.1.1. the agent began to perform the actions provided for in clause 2.2. agency agreement. Stolichnoye Collection Agency LLC did not have information that the obligations under N.’s loan agreement were fulfilled at the time of employment, and as part of the execution of the agency agreement, telephone calls were made to the borrower in order to clarify the circumstances preventing the repayment of the debt.

After November 19, 2011, the plaintiffs’ mobile and home phones began receiving calls, SMS notifications, and letters from Capital Collection Agency LLC with threats and unfounded demands for debt repayment.

It became known from the plaintiffs of Capital Collection Agency LLC that the obligations under the loan agreement were fulfilled in full. N. and G. refused to submit a certificate of debt repayment to LLC “Capital Collection Agency”.

On December 12, 2011, a transaction on the debt of N.M. was withdrawn from the work of Capital Collection Agency LLC due to the fact that the Principal recognized the borrower’s debt as fully repaid.

The processing of personal data has been stopped since the specified date (data blocked). December 13, 2011 personal data of N., G. in information system LLC “Capital Collection Agency” was destroyed, in accordance with which an Act on the destruction of confidential information dated December 13, 2011 was drawn up.

Under such circumstances, the court of first instance came to a reasonable conclusion that no violations of the rights of the plaintiffs on the part of Stolichnoye Collection Agency LLC had been established and refused to satisfy the plaintiffs’ claims against Capital Collection Agency LLC.

Refusing to satisfy the claims for compensation for moral damages brought against ZAO Raiffeisenbank, the court indicated that ZAO Raiffeisenbank, when signing an agency agreement, on the basis of which the personal data of the plaintiffs was transferred to LLC Capital Collection Agency, acted on the basis of a power of attorney, issued by ROOF RUSSIA S.A.

The panel of judges cannot agree with this conclusion of the court of first instance and finds it unfounded and not confirmed by the examined materials of the case, since from the text of the agency agreement it is clear that it was concluded by Raiffeisenbank CJSC represented by the head of the economic security department, acting on the basis of a power of attorney and LLC “ Capital collection agency.” Data that the specified agreement was concluded on behalf and in the interests of ROOF RUSSIA S.A. the agency agreement does not contain.

Under such circumstances, the court's decision regarding the recovery of compensation for moral damage from ROOF RUSSIA S.A. cannot be recognized as legal and is subject to cancellation.

In a response dated December 24, 2011 to N.M.’s complaint. ZAO Raiffeisenbank confirms and admits the mistake made by ZAO Raiffeisenbank. At the same time, the plaintiff was informed about the withdrawal of work on his debt from Capital Collection Agency LLC.

According to clause 2 of Article 1099 of the Civil Code of the Russian Federation, moral damage caused by actions (inaction) that violate the property rights of a citizen is subject to compensation in cases provided for by law.

According to Article 9 of the Federal Law of the Russian Federation No. 152-FZ, the subject of personal data makes a decision to provide his personal data and consents to their processing freely, of his own free will and in his own interest. Consent to the processing of personal data must be specific, informed and conscious. Consent to the processing of personal data can be given by the subject of personal data or his representative in any form that allows confirmation of the fact of its receipt, unless otherwise provided by federal law. If consent to the processing of personal data is received from a representative of the subject of personal data, the powers of this representative to give consent on behalf of the subject of personal data are verified by the operator.

According to clause 1.1. and 3.1 of the loan agreement concluded by the plaintiff, the loan is provided by transfer Money to the borrower's demand deposit account in US dollars at the bank. Accounts individuals are serviced by the bank in accordance with general conditions servicing bank accounts and deposits of individuals, clause 2.8 of which provides that for the purposes of the Federal Law of the Russian Federation “On Personal Data”, the client gives consent to the bank’s processing of the client’s personal data, which is given until the client fully fulfills his obligations under each agreement and can only be withdrawn ahead of schedule upon termination of each contract.

Clause 9. 1 of the loan agreement provided that the borrower expresses his consent to the provision of all information available about him, in the amount, in the manner and on the conditions determined by the Federal Law of the Russian Federation “On Credit Histories” to at least one credit history bureau included in State Register credit history bureau.

In accordance with Article 17 of the Federal Law of the Russian Federation “On Personal Data”, if the subject of personal data believes that the operator is processing his personal data in violation of the requirements of this Federal Law or otherwise violates his rights and freedoms, the subject of personal data has the right to appeal the actions or inaction of the operator to the authorized body for the protection of the rights of personal data subjects or in court. The subject of personal data has the right to protect his rights and legitimate interests, including compensation for losses and (or) compensation for moral damage in court.

Considering that consent to the processing of personal data is given until the client fully fulfills his obligations under the contract, on the date of transfer of the plaintiffs’ personal data to Stolichnoye Collection Agency LLC N., the obligations under the loan agreement were fully fulfilled, it should be recognized that Raiffeisenbank CJSC there were no grounds for transferring the plaintiffs’ personal data.

In addition, as of the date of conclusion of the agency agreement between Raiffeisenbank CJSC and Capital Collection Agency LLC, i.e. as of September 13, 2011, ZAO Raiffeisenbank did not have the right of claim under the loan agreement concluded with N., since as a result of the assignment of receivables, the rights of claim of ZAO Raiffeisenbank under the loan agreement, collateral agreement and surety agreement were transferred to ROOF RUSSIA S.A.

From the above it follows that the rights of the plaintiffs were violated by Raiffeisenbank CJSC, which transferred the personal data of the plaintiffs and information about non-existent debt under the loan agreement to Capital Collection Agency LLC without grounds provided for by law, since the obligations under the loan agreement were fully fulfilled by the plaintiffs on March 18 2011, that is, even before the conclusion of the agency agreement and transfer of information.

In this regard, moral damages and expenses for payment of state duties are subject to recovery from Raiffeisenbank CJSC.

Satisfying claims for the recovery of compensation for moral damage and determining the amount of compensation, the judicial panel takes into account the factual circumstances of the case, the moral suffering of the plaintiffs in connection with the violation of their rights, guided by the principle of reasonableness and fairness, and comes to the conclusion that compensation for moral damage is subject to recovery in favor of plaintiffs.

Resolving the dispute regarding the obligation of the defendants to provide acts of destruction of confidential information, destroy their personal data from information databases, destroy information discrediting their honor, dignity and business reputation, update their credit histories in the central catalog of credit histories and credit history bureaus, in which they were transferred, the court came to a reasonable conclusion to refuse to satisfy the claims, since their personal data from the information databases was destroyed, which is confirmed by the submitted acts, and the requirement to update credit histories is not based on the law.

Clause 9. 1 of the loan agreement provided that the borrower expresses his consent to provide all information available about him, in the amount, in the manner and under the conditions determined by the Federal Law of the Russian Federation “On Credit Histories” to at least one credit history bureau included in the state register credit history bureau. Article 7 of the Federal Law of the Russian Federation “On Credit Histories” provides that the credit history bureau ensures the storage of credit history for 15 years from the date of the last change in the information contained in the credit history. After the specified period, the credit history is canceled (excluded from the number of credit histories stored in the relevant credit history bureau).

In accordance with Article 8 of the above-mentioned Federal Law, the subject of a credit history has the right to obtain information from the Central Catalog of Credit Histories about which credit history bureau stores his credit history.

The subject of a credit history has the right to receive a credit report on his credit history, including the one accumulated in accordance with this Federal law information about the sources of credit history formation and about the users of credit history to whom credit reports were issued.

The subject of a credit history has the right to fully or partially challenge the information contained in his credit history by submitting to the credit history bureau, which stores the specified credit history, an application for amendments and (or) additions to this credit history.

The credit history bureau updates the credit history in the disputed part if the application of the subject of the credit history specified in Part 3 of this article is confirmed, or leaves the credit history unchanged. The credit history bureau is obliged to inform the subject of the credit history in writing about the results of consideration of this application after 30 days from the date of its receipt. Refusal to satisfy this application must be motivated.

The subject of a credit history has the right to appeal in court the refusal of a credit history bureau to satisfy an application for making changes and (or) additions to a credit history, as well as the failure to submit a written report on the results of consideration of his application within the period established by this article.

Court decision regarding the refusal to satisfy the plaintiffs' demands for the defendants' obligation to provide acts of destruction of confidential information, destroy their personal data from information databases, destroy information discrediting their honor, dignity and business reputation, update their credit histories in the central catalog of credit histories and the credit history bureau to which they were transferred is legal and reasonable and there are no grounds for its cancellation.

The arguments of the plaintiffs' appeal do not refute the conclusions of the trial court, are aimed at a different interpretation of the rules of substantive law and a different assessment of the circumstances established by the court, do not contain new circumstances that require additional verification, and therefore cannot serve as a basis for the reversal of the court decision.

Based on the above, guided by Article 328-330 of the Code of Civil Procedure of the Russian Federation, the judicial panel

DEFINED:

The decision of the Meshchansky District Court of Moscow regarding the recovery of compensation for moral damage and state duty in favor of the plaintiffs from ROOF RUSSIA S.A. cancel.

To recover from ZAO Raiffeisenbank in favor of N. and G. compensation for moral damages and the cost of paying the state duty in favor of each.

The rest of the decision of the Meshchansky District Court of Moscow is left unchanged.

Oleg Eduardovich(12.05.2016 at 20:32:48)

Good afternoon.

You need to collect evidence of such calls. Everything that a bank or collectors can do in an out-of-court procedure is prescribed in the (Loan) Law:

Article 15. Features of performing actions aimed at repaying debt under the contract consumer loan(loan)

1. When taking actions aimed at repaying out-of-court debt incurred under a consumer credit (loan) agreement, the creditor and (or) legal entity with which the creditor has entered into an agency agreement providing for such person to perform legal and (or) other actions, aimed at repaying debt incurred under a consumer credit (loan) agreement (hereinafter referred to as the person carrying out debt collection activities), has the right to interact with the borrower and persons who provided security under the consumer credit (loan) agreement, using:

1) personal meetings, telephone conversations (hereinafter referred to as direct interaction);

2) postal items at the place of residence of the borrower or the person who provided security under a consumer credit (loan) agreement, telegraph messages, text, voice and other messages transmitted over telecommunication networks, including mobile radiotelephone communications.

2. Other, with the exception of the methods specified in Part 1 of this article, methods of interaction with the borrower or the person who provided security under a consumer credit (loan) agreement, at the initiative of the creditor and (or) the person carrying out debt collection activities, can only be used when the presence in writing of the consent of the borrower or the person who provided security under the consumer credit (loan) agreement.

3. The following actions are not allowed on the initiative of the creditor and (or) the person carrying out debt collection activities:

1) direct interaction with the borrower or the person who provided security under a consumer credit (loan) agreement, aimed at fulfilling by the borrower an obligation under an agreement that has not come due, except in the case where the right to demand early fulfillment of an obligation under an agreement is provided for by federal law;

2) direct interaction or interaction through short text messages sent using mobile radiotelephone networks, on weekdays from 22:00 to 8:00 local time and on weekends and non-working holidays from 20:00 to 9:00 local time at the place of residence the borrower or the person who provided security under a consumer credit (loan) agreement, which was specified when concluding a consumer credit (agreement) agreement (an agreement ensuring the execution of a consumer credit (loan) agreement or about which the lender was notified in the manner established by the consumer credit (loan) agreement).

4. The creditor, as well as the person carrying out debt collection activities, does not have the right to take legal or other actions aimed at repaying debt incurred under a consumer credit (loan) agreement with the intention of causing harm to the borrower or the person who provided security under the consumer loan agreement (loan), as well as abuse the right in other forms.

5. When interacting directly with a borrower or a person who provided security under a consumer credit (loan) agreement, the creditor and (or) the person carrying out debt collection activities are required to provide the last name, first name, patronymic (the latter if available) or the name of the creditor and ( or) the person carrying out debt collection activities, or the location, last name, first name, patronymic (the latter if available) and the position of the employee of the creditor or the person carrying out debt collection activities who interacts with the borrower, the location address for sending correspondence to the creditor and (or) the person carrying out debt collection activities.

If the bank has gone beyond the law, do not remain silent, write complaints to the police and the prosecutor's office.

An important precedent-setting decision was made by the regional court in Orenburg. He ordered the bank to pay compensation for moral damage to a client who was tormented by debt collectors with threatening calls and letters.

It all started when a citizen came to the Orenburg district court with a claim against to a large bank. She asked the financial institution to compensate her for moral damages from the transfer of her personal data to collectors.

The plaintiff explained that she entered into a loan agreement with the bank for 100,000 rubles and, upon receiving the loan, agreed to transfer the rights and obligations under the agreement to third parties. She did not give consent to transfer her personal data to anyone.

Due to everyday problems, she fell behind on her loan payment. And the threats from the collection agency began. Moreover, they called and sent SMS not only to the plaintiff’s mobile phone, but also to her relatives.

The court, having studied the case materials, stated that the bank does not have the right to disclose clients’ personal data to third parties without their consent. As a result, the court ordered compensation for moral damages from the bank in favor of the plaintiff, and the bank will also pay the plaintiff’s legal expenses.

Such a court decision is extremely important. Indeed, in the country now a lot of citizens are suffering precisely from such actions of banks and collectors who act in violation of all laws. And it’s not always about collecting a debt; it’s just a waste of nerve cells.

Let us remind you that in St. Petersburg, due to calls from collectors, a schoolgirl jumped out of a 10th floor window. Fortunately, the girl survived. Now St. Petersburg investigators are looking for those who made her attempt suicide. A well-known cellular company is suspected of having sold its client's debt to debt collectors.

An 11-year-old girl suffered a fracture of the base of the skull, a traumatic brain injury, and a chest injury. According to doctors, she survived miraculously. This story is actually creepy. The family rented an apartment. The owner, while renting out her home, warned that they might call from the bank where her son took out a loan.

It turned out that collectors not only called, but also sent letters demanding repayment of the debt. It is already known that the collectors knew very well that the debtor had not lived in this apartment for a long time. They knew that strangers were filming her, but they continued to mock people.

The calls from collectors were often answered by a girl who was home alone during the day after school. But even after hearing a child’s voice on the phone, the debt bouncers did not calm down. In general, the child lost his nerve. The girl wrote a note to her parents: “Run, save yourself, we owe them 83 thousand rubles” and jumped from the 10th floor. The whole cynicism of the situation is that the collectors continued to call this apartment and threaten even after the tragedy.

According to preliminary information, the collection service that inflicted real psychological terror on the family is located in Moscow. Investigators are looking into who exactly spoke to the child. By law, debt collectors are prohibited from any negotiations with children. But no one has answered for this yet. Collectors are taught that it is best to put pressure on the debtor’s children and elders, and to harass the boss at work. They send threatening text messages like “don’t leave the house, they’re coming for you.”

If this doesn’t work, then come in person. This is what happened in the Urals. A criminal case of murder of a debtor by debt collectors is being investigated there. In Perm, they are looking for eyewitnesses to a fight that ended in murder. At the end of September, on one of the city streets, representatives of the microfinance organization "I'll Give Money" attacked debtor Andrei Chernykh and his friend Nikita Palyanov. The debtor and a friend came to a meeting with debt collectors to discuss the terms of loan repayment. But the conversation did not work out. As soon as the young people got out of the car, they were attacked with fists. Nikita's head was hit on the asphalt, resulting in serious injury.

Passers-by called an ambulance, but doctors were unable to save the young man - he died in intensive care. The deceased is survived by his wife and two-year-old daughter.

According to the latest information, the police have so far detained one of the attackers. A criminal case was initiated under Part 1 and Part 4 of Art. 111 of the Criminal Code of the Russian Federation (Intentional infliction of grievous bodily harm resulting in the death of a person through negligence). The maximum punishment that awaits the collector is 15 years in prison. They are looking for the second attacker.

IN Lately In different regions of the country, there has literally been a series of suicides, which investigators attribute specifically to unpaid loans, debt collectors and banks. But it has not yet been possible to prove a direct connection between suicides and calls from collectors. In Russia, a human rights association of anti-collector communities has even started working.

At the end of last year, an amendment to the Criminal Code was introduced to the State Duma to punish bankers and debt collectors who drove debtors to suicide. But this idea did not arouse enthusiasm among legislators.

Help "RG"

Collectors do not have the right:

- threaten the debtor with violence and imprisonment;
- demand repayment of the debt immediately, publicly accuse the debtor of fraud;
- to seize the borrower’s property without a court decision or if it belongs not only to the debtor, but also to his children or other relatives;
- request data on the debtor’s salary and other income from the tax office and other government organizations without permission from the court or the borrower himself.

What is considered illegal actions of debt collectors?

The collector does not introduce himself, does not give his details, and does not present his documents at the meeting.
The debt collector addresses the debtor as “you” or by name, or even worse - insults.
Calls after 10 pm.
The collector has no right to disclose confidential information to third parties - amount of debt, interest, time of delay. (Third parties are not only strangers, but even the wife and parents of the debtor).
The collector is prohibited from calling the debtor at work or calling his relatives and friends.
The collector is not allowed to call or send SMS more than once a day.

If you have a loan, you are ready to pay it, but force majeure in life, sometimes they force you to do this later, then bank employees may call you intrusively and regularly. The bank does not have the right to call frequently, hire debt collectors, or otherwise threaten its customers.

Dear readers! The article talks about standard methods solutions to legal issues, but each case is individual. If you want to know how solve exactly your problem- contact a consultant:

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Any client of such a bank may be considered by the court as a victim and even make a decision not in favor of the bank. Therefore, it makes sense to sue the bank for moral damages.

Everyone should know this - do banks have the right to call at work?

It has already been recorded that often annoying calls from the bank come from the department or security service. The personnel of such a service do not always conduct their professional activities in good faith, which often contradicts the legislation in the banking sector in relation to clients.

The borrower often registers the fact of extortion by the bank, and this applies not only to calls regarding late payments, but even when the payment deadline is just approaching, and the bank is already calling with its demands.

Art. 857 of the Civil Code of the Russian Federation states that the bank undertakes to maintain the secrecy of the status of its client’s bank account, its transactions, information about it, etc.

Also, frequent calls to your client at work can be considered a criminal offense under the Criminal Code of the Russian Federation, paragraph 2. Moreover, banking secrecy can also be understood as the bank’s work with clients.

Another legal basis for the issue of illegal disclosure of a client’s personal data by a bank employee is.

Even when concluding a loan agreement, the bank is obliged to let you sign a document stating that it undertakes not to disclose or disseminate your personal data.

Is it possible to solve the problem without going to court?

To prevent the matter from going to court, you can simply show your initiative, come to the bank and try to resolve the issue peacefully.

You can propose changing the payment schedule for mandatory debt payments. This would be appropriate to do if the timing of your salary payment or receipt of any other income with which you could cover your loan debt has changed.

Banks themselves are reluctant to go to court, because this will cause them to lose not only their reputation as a reliable lender, but it is also fraught with fines, sanctions, and even in some cases, termination of the loan agreement with the client, which deprives the bank of the right to demand the debt from the client.

You can also use the following methods to solve a problem with a bank without going to court:

provide documents of your dismissal to prove that it is not your fault for the lack of income;

Medical certificates, sick leave certificates and other hospitalization documents are also suitable;

write an application to the bank to restructure your debt to your creditor.

prepare any supporting document or package of documents that will show that it is not your fault that you stopped paying.

Supporting documentation can be not only a medical certificate, a document on dismissal, but also others - an accident during an accident, an accident, a natural disaster - anything that could help you prove a justified deferment of your payments.

How to file a lawsuit against a bank's actions

If you fail to resolve the conflict with the bank peacefully, you can file a statement of claim to court for an unlawful act on the part of a bank employee when he persistently calls you. Jurisdiction of the claim refers to the consideration of such a conflict by a civil court.

The court will pay attention to the degree of guilt of the defendant and the degree of your suffering, both moral and physical, in the claim you have filed. Therefore, it is so important to collect all the necessary evidence of the bank’s guilt and its actions that led to your suffering.

When drawing up a statement of claim for moral damage caused to you by the bank, keep in mind the following important components of the claim:

The exact name of the judicial authority.

Personal data of the plaintiff - passport data, registration information and place of residence.

All defendant data as legal entity– TIN, name, legal and postal addresses, license from the Central Bank, etc.

Description of the essence of the matter.

Formulation of your requirements.

Date and signature.

Evidence to be provided in the claim

To prove the guilt of the bank, and not the collectors who have already bought your debt to the bank and are threatening you, you must present evidence. In any legal proceeding, the case is always decided on the basis of the facts.

To record the fact of calls, here you can either record telephone conversations or enlist the support of witnesses.

If banks call your work, then you can ask your colleagues to confirm the fact of persistence; if they call your loved ones, relatives, friends, then ask your relatives or friend to act as a witness in court.

You can even install a free program on your phone or iPhone called “Call Recorder”.

At the same time, while politely communicating with a bank employee who is showing his impatience, you record your conversation. Ask the bank employee to introduce himself.

Let him give his personal information:

FULL NAME.;

full name of the banking organization and its TIN;

purpose of the call.

Within the framework of the agreement with this bank, justify the inability to currently pay the debt on time. This method - collecting such repeated calls may well serve as evidence in court for your claim.

Attached documents to the application

The statement of claim submitted for consideration in court is not only one thing - in itself - the following documents must be attached to it:

calculations of the amount of the claim;

documents, video or audio materials that are evidence of the bank’s guilt;

documents confirming your physical and mental suffering;

written testimony;

payment of state duty (receipt);

copies of the application and all necessary documents which are attached to it.

One of the reasons for banks' claims against their borrowers is a technical error by the bank. Exactly some glitches in the database banking system may cause a violation of settlements for a particular client so that he becomes a debtor even after the actual termination of the contract.

Where to file a claim for moral damages due to the persistence of bank employees

All cases between citizens who are borrowers from the bank are considered in accordance with the Civil Code of the Russian Federation, and therefore all such claims should be filed in the district court. It is advisable that the court is located as close as possible to your place of residence or the location of the creditor bank.

All statements of claim are filled out and executed on the basis of the Code of Civil Procedure of the Russian Federation. A magistrate, administrative, criminal, appellate or other court will not accept your initial statement of claim on the issue of resolving disputes between you and the actions of the bank.

Arbitrage practice

Every time there are calls to home, relatives or friends, and you are a current debtor under a loan agreement, you may be unsure what to do, file a claim in court against the bank to compensate for moral damage, or wait until the bank itself will sue you.

The case of annoying calls from the bank to the wrong address regarding debt repayment has similar precedents many times. The population often goes to court in such situations. One case showed how a lawyer sued Uniastrum Bank 37,000 rub. for the moral damage that was caused to his client.

Those who called introduced themselves as bank employees and demanded an urgent repayment of a loan issued under an agreement in the name of some man.

The woman had absolutely nothing to do with the debtor's last name. It was reported repeatedly that the bank apparently entered the phone number incorrectly into the database, and that her name was nowhere to be found in the loan agreement.

Evidence was presented in the form of audio recordings of a telephone conversation, which were made using a special installed utility - the “Conversation Recording” program.

In addition, the telephone service operator confirmed in writing that the client’s phone number was not transferred in any way to Uniastrum-Bank. The bank did not recognize the client’s claim and completely ignored even the subpoenas that were sent to its address.

Thus, the court, on the basis of , made a decision on the incompetence of banking activities in relation to the client, and therefore ordered the defendant to pay moral damages in the amount 37,000 rub.

The Orenburg court also had this practice - it ordered the bank to pay the client in the amount of 56,570 rubles.

In this case, she suffered through a stroke, which was confirmed by certificates from medical experts and an extract from the outpatient card, which recorded all the dates and times of the client’s visit to the hospital immediately after calls from the bank.

The telephone service operator confirmed in writing that the client's phone received incoming calls directly from numbers that belong to the bank.

The bank calls about the loan, making demands to repay the debt, and you, as they say, “neither sleep nor spirit”?
If you definitely did not take out loans, did not take out any loan obligations, then either your data was used by criminals, or you are somehow connected with a troubled borrower.

Any of these situations is unpleasant and requires active actions to protect one's own interests.

The law on collection activities dated July 3, 2016 No. 230-FZ “On the protection of the rights and legitimate interests of individuals when carrying out activities to repay overdue debts,” which came into force at the beginning of 2017, is aimed at resolving relationships in the area of debt on credit products and microfinance loans organizations. According to this normative act the collector has every right to communicate with third parties (neighbors, relatives of the debtor), unless they notify in writing of their reluctance to interact.

At the same time, the law regulates the frequency of communication between the debt collector and the debtor and his entourage: no more than 8 calls and 16 SMS per month. At each contact, the creditor is obliged to fully disclose information about the lender, the loan agreement, the timing and procedure for repaying the debt, and the details for the transfer. The audio recording of all negotiations with its subsequent storage, as well as all text messages, has been brought to the level of legal requirements.

When banks call about someone else's loan, it is just as unpleasant and burdensome as in the case of your own debt. You can get rid of intrusive calls by notifying the lender or collector in writing of your refusal to interact with them. In this case, the debtor himself is obliged to indicate a third party authorized to represent his interests. It can be either a lawyer or another person.

You can read more about the legal grounds for collectors to demand that you repay a debt based on an agreement with the bank.

If you get a call from the bank about someone else's loan

There may be several reasons for the persistent desire of the collection department employees to communicate with you, even though you do not have any loan agreements:

you are a guarantor/mortgagor - in the recent past, you met friends or relatives halfway and vouched for them to the bank or provided your property as collateral for a loan;

your phone number is indicated as a contact number - in the questionnaires of a number of microfinance organizations you are required to indicate the number of a person somehow connected with the potential borrower (family ties, friendships), and now the creditor, looking for the debtor, calls you;

you are a relative of the debtor - in this case, through you, collectors want to find an unreliable borrower or influence him, or collect part of the debt from you as a co-borrower or heir;

call by mistake - as a result of a technical failure in the database, when the debtor changed the phone number, incorrectly dialed numbers, or for other reasons, a specialist from the collection department was connected to your number.

They call you as a guarantor for a loan

A guarantee is one of the popular measures to ensure solvency, which to some extent reduces the lenders’ risks of non-repayment. We often meet friends and relatives halfway without thinking about the main consequence of such a step: if the borrower for some reason cannot pay, the debt will be collected from you as a guarantor or your property provided as collateral will be confiscated if you are a mortgagor .

The guarantor bears joint liability along with the borrower, That's why bailiffs will have the right to describe your property, seize your accounts, ban you from traveling abroad, and withhold part of your wages and take other measures to collect bank debt in full.

Therefore, you should not hide from calls, it is wiser to understand the situation and if there is an opportunity to influence the debtor, take advantage of it.

Important: From the moment a court decision is made in favor of the creditor, both the guarantor and the borrower equally responsible for fulfilling obligations.

The legislation provides for the option of subsequent recovery from the unscrupulous debtor of the amount paid by the guarantor. However, to do this you will have to prepare for a new trial with a positive outcome for you, but an unknown result.

You are listed as a “contact person”

Most express loans are issued according to a simplified scheme, which does not require documentary evidence of the data specified in the application form. All information is recorded from the words of the potential borrower, and in order to reduce the risk of non-repayment, they are asked to indicate the name and telephone number of the contact person. Calls at the stage of loan approval to the people indicated in the application form are a rarity; it is a completely different matter if the borrower becomes a debtor.
It is often at this stage that people find out that their brother, matchmaker, work colleague, or even a person they barely know is having problems repaying their loan on time. The collection department specialist is interested in the return of the issued funds, therefore methods of psychological influence are also applied to contact persons. However, you should not believe everything you are told.
As a contact person you have the right to enter the portal Banki.ru or personally visit the office of the annoying creditor to file a claim. The essence of this document boils down to a request to exclude your phone number and other personal information from the database.

As a rule, within the next month the database will be “cleaned” and representatives of the microfinance organization will no longer bother you.

Annoying calls: where to complain?

Have you sent a letter with a request to exclude your data from the collection call database, but annoying calls continue to come? In such a situation, it is permissible to resort to “heavy artillery” by contacting Rospotrebnadzor, financial ombudsman, Bank of Russia, Prosecutor's Office in special cases.

Rospotrebnadzor has the right to represent your interests in court proceedings, but most often an administrative case is initiated with the imposition of a fine. The most serious sanction is deprivation of license and closure (especially in relation to collection agencies). A complaint can be submitted in person or through a form on the department’s website.

The prosecutor's office has the right to initiate criminal proceedings against debt collectors who threaten the life and health of debtors, their relatives, etc. However, law enforcement agencies will need to record a conversation containing threats or distorted information for intentional misleading. Correspondence with claimants will also have evidentiary force.

When the bank calls and offers to repay the loan for someone else

The occurrence of such a situation is not uncommon and is due to one of three conditions:

you are a relative and co-borrower;

you are the spouse of the borrower with joint property;

you are the borrower's heir.

On the one hand, a co-borrower is akin to a guarantor, but on the other hand, he is involved not as an additional measure to reduce risks, but in the event that the borrower does not have sufficient income to obtain a loan. The consequences of late payment are identical - joint and several liability with all the ensuing consequences: the obligation to repay the debt for an unscrupulous debtor, seizure of property, accounts and other negative consequences.

If you are the spouse of the debtor and you have jointly acquired property, then in this case the creditor has the right to demand through the court to allocate the share of the unlucky spouse and use it to pay off part of the debt. This will not happen if a marriage contract is concluded, which spells out the claims of the husband and wife to the existing property, including that acquired during the marriage.

Loan debt is inherited just like property rights, so having accepted an inheritance, you should be prepared for an unexpected visit or call from collection department specialists. Joint and several liability also applies here, while civil law establishes the limits of claims - within the framework of the accepted property (whole, half, third, etc.).

Recovery of moral damages for constant calls from the bank regarding someone else’s loan

Some people ignore calls from debt collectors, some write complaints to supervisory agencies, and some go to court for compensation for moral damage. And such precedents already exist in Russian judicial practice. The basis for the claim is the lack of personal consent of the third party to the lender to use his personal data, especially in cases where the plaintiff was not even indicated as a contact person.

Important: The ruling of the Supreme Court of the Russian Federation dated April 12, 2016 No. 9-KG15-21 directly indicates that collectors violate privacy if they cannot explain where they got the number of a person who did not act as a borrower or guarantor for a loan.

The actual cessation of annoying calls (and this usually happens immediately after the start of litigation) is not a reason for refusing to satisfy the legal demands of relatives or friends of the debtor.

And it is possible to find a solution to banking terror regarding other people’s debts if you actively take adequate response measures. The calls stop, justice is restored, and the person who has gone through the “collection crucible” becomes more circumspect and attentive.