Hot Line against collection excesses…
The Associated Collecting Businesses of Ukraine (ACBU) initiated the creation (from 02.06.2009) of round-the-clock Hot Line for debtors. Due to the present project, any borrower, who has suffered of incorrect actions of collection companies, can inform about it using the following Hot Line number 8-044-590-04-37.
In the opinion of ACBU, there can be defined two most common violations on the side of collectors when working with troubled borrowers:
• excessive psychological and moral pressure on the borrower;
• dissemination of confidential information about the borrower.
Excessive psychological pressure on the borrower can include threatening and aggressive tone during the conversation with a borrower, as well as obscenities, menacing with violent actions toward the borrower or his relatives; making harm to the debtor’s property; intentional overstatement of debt amount; telephone calls to the debtor (or visiting debtor’s place) later than 22.00.
But still, the representatives of collection companies have right and are obliged to inform the debtor about possible legal consequences of debt nonpayment in the process of conversation, namely: case transfer to the court or forced debt collection by selling property with the help of state (private) executive service.
Yet, major violation on the side of collection company is dissemination of confidential information about a borrower to third parties. But, it should be taken into account, that information about existence of debt as such is not a banking secrecy. If a representative of a collection company informs third persons about existence of a debt, it is not a violation of the current legislation.
It is important to note, that legal relations between banks and collection companies are regulated by Civil and Economic Codes of Ukraine, according to which banks may sign agreements with third parties (collection companies), the subject of which are services of collecting existing debts from borrowers. When signing such agreements, banks follow namely art.5 and part 6 of art.47 of the Law of Ukraine On Banks and Banking Activity.
As says the President of ACBU Alexandr Ilchuk, Hot Line will allow ACBU to recode incorrect actions of collection companies at the territory of Ukraine: “Hot Line is a unique tool, which will allow the Association to promote formation and development of transparent and civilized market of collection services in Ukraine. We will record each violation and will do everything for its elimination”.
