"Call me, call ..." - words from onceA popular song performed by Jeanne Rozhdestvenskaya is unlikely to appeal to those who suddenly became the object of increased attention of the bank wishing to return a cash or mortgage loan.
And by means of regular telephone reminders.
After all, the debtor is not the one whose phone started to "snatch" the employees of the collection agency cooperating with the bank, but the refusing to pay a relative.
Concluding the agreement, the employees of the credit departmentIn advance, including by phone, try to find out everything that will help them to find a client, even when it comes with force majeure. This includes passport data, home address, work place, mobile and home phone numbers, as well as addresses and phone numbers of guarantors and even relatives. Customers themselves, willing to get a loan at any cost, willingly go to meet.
In short, the bank is almost delegatedThe right to seek, if necessary, the debtor, regularly calling his household and provoking them to family scandals in order to force them to pay. Than the financial institution willingly and enjoys, eventually transferring all the information necessary for tracing the non-payer to the collection agency.
Who can I call
In any model agreement it is said about the right of the bankShare information about the debtor with third parties. Usually such are collector agencies specializing specifically in debt collection. Such an item gives the agency the right to methodically call up not only the relatives of an unscrupulous lender, but also colleagues.
Persistent calls to relatives who are notGuarantors, the law, too, do not contradict. But they do not have legal force either, so it is unnecessary to fear them. This is nothing more than an attempt to find a debtor with the help of close people. And if the latter want to help the bank to restore justice, then they can do it, there is no such desire - it is permissible to ask not to disturb and turn off the phone.
Especially not considered as a violation of callsTo the relative of the debtor, written in the contract by the guarantor. Taking responsibility for possible actions of the borrower, the guarantor is obliged to understand his / her serious risk. After all, his brother or son may well be ruined or lose his job. And at the same time and the opportunity to pay for a loan or a mortgage. Therefore, hearing the voice of a representative of a bank or an agency in the phone, the guarantor does not make sense to say that he "did not understand anything".
The latter is permissible if the personal data suddenlyWere in the contract without a handwritten signature. But this is extremely unlikely, since presence during the conclusion of a contract is considered a prerequisite and strictly observed.
A fairly common transition isPromissory notes. In the case of, for example, the death of a bank customer. But calling the heir, creditors are obliged to take into account that he has the right not to know about the debts of the deceased relative. It should also be borne in mind that an official dialogue on the problem of inheritance, even a telephone, is allowed only six months after the death of the person who was the second party to the banking contract. But, in fact, such questions are usually resolved not through calls, but exclusively in court.
What should I say
A mistake and even an official offense(Disclosure of bank secrecy) can become too frank a telephone story of a bank employee about signing a contract. Especially, about the amount of debt. The maximum that he has the right to do is politely ask to transfer the debtor a request to call the credit department. Another thing is that in practice everything happens a little differently. But collectors of such ethical standards are not connected, than willingly and enjoy.
The most immoral and illegalIs a requirement for an outsider to pay their debt on the basis of only the fact that the debtor is a member of his family. Especially, in an ultimatum or offensive form. In the language of criminal law, this is called extortion and is punished even by imprisonment. If, of course, it can be proved in court.
How to react
You are absolutely sure of the violation of rules by the bank"Fair play"? The words that you do not know where the relative is living now, and you do not have his phone number, are not perceived? You can try to stop such an unpleasant conversation. For example, do not answer calls. Or, on the contrary, visit the office of the bank or agency, from where they are regularly distributed, and try to explain that you are absolutely unable to help them in the search for a relative. You can even write a complaint to the Central Bank. Another option is to invite the agency to send all necessary documents by mail or to go to court.
A more aggressive method is also considered effectiveTo stop the "telephone terrorism" of the bank or, which happens much more often, the agency - appeal to the police. Like, you do not just regularly call, but in fact have a serious psychological impact, demanding the impossible. Yes, they simply prevent you from living peacefully.