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вторник, 19 июня 2007 г.

Each bank has its own priorities

The booming consumer lending led to a massive growth nevozvratov credit. It is due to return to date, 30 billion rubles banks can not. In particularly difficult cases, they come to the aid of the so-called collecting agency. The work collectors borrowers resign legends - they brought it to collectors of robbers with baseball bats, it is absolutely incapable beggar in the telephone receiver. As they are, in fact, collects debts, mapped correspondents "-Banka" SVETLANA DEMENTEVA and Julia CHAYKINA Kollektorsky business in a modern Russia, together with the restructuring. The emerging markets are often not imply payments on time, and businessmen do not always have the time and opportunity to carry out the debt reimbursement. However, the companies that provide such services, initially did not allow them from the legal level. The concept of CPS included in the business lexicon relatively recently, in 2003-2004. The CPS aware of the massive collection of mostly undisputed similar debt. Undeniable debt, in this case means that the contract under which the creditor is entitled to claim debt, almost necessarily be recognized as valid in court. The level of such instruments are essentially contracts loan (as they relate to money), while the acceptance of delivery of services, commercial credit is more problematic. Players, pozitsioniruyuschih itself in the market as a specialized collector Agency (EA) is not great. The most famous of Sequoia Credit Konsolideyshn "FASP," Pristav, Tsentr-YuSB, Rusbiznesaktiv ", the Agency for refund loan debts. Heoninneung are law firms, among others, have collector and antikollektorskie (for the care of the claims collectors) services. Large banks that are active in the market for most venture providing credit ( "Russian Standard", Rosbank, etc.) as a "pocket" structures for the collection of debts. Now in the midst of a boom in consumer credit is credit organizations are the main consumers of professional collectors and target - individuals who owed banks. Market participants were hesitant to identify, indicating only that collectors go about 10-15% of the bad debts of banks, which, according to the rating agency Rusreyting, now at about 30 billion rubles. According to market participants, in his study "Rusreyting" forward-official statements, in reality amount nevozvratov more. And given that consumer credit market on the rise, the work of professional collectors constantly added. At the expense of the clients of the bank-insurance area, telecommunications, leasing companies. For comparison : in the United States the total outstanding debt of Americans at the end of 2005 was about $ 150 billion Are you concerned about the collection is worth noting that not every violation of an agreement with the bank borrower to a customer panel. In short debts banks prefer to work independently, through its own security. Much of the usually short delay due to forgetfulness or short-term employment debtors or financial difficulties in the first reminder returned to the bank. The collectors seek help in the recovery of complex debt outstanding for a longer period (from 60-90 days), where the bank has already exhausted its exposure mechanisms. According to Deputy CEO of the "Rusbiznesaktiv" Andrei Sorokin, of the debt, which has worked bankers, not recover in the pre-trial order not more than 25-30%, while the performance of "fresh" portfolios of debt is much higher : the problem, not before court, not more than 60% of cases. The first aid professionals required to repay bezzalogovyh credit (or cash to buy retail network). With mortgage or avtokreditami banks prefer to deal alone because in most cases it is possible to realize a hallway on the loan assets. Most reservoir agencies in the collection of debts is the same cycle. The first phase, the so-called soft-kollekting or phone debtors. The market, at this stage, returning to 30% of arrears. Second-hard-kollekting - implies personal visit to the debtor. Debts for the first two methods have failed, passed in ligal-kollekting, that is before the court. "We communicate with the debtor by telephone, face-to-face questioning why education delay," said General Manager Fector agencies' Sequoyah Credit Konsolideyshn 'Yelena Dokuchayeva .- If the debtor does not shy away from debt, we have to negotiate and agree on the debt. If the reasons are not being fair, it is only a preliminary agreement with the bank to discount or restructure debt-to extend payment discount penalties or interest, etc. If agree with the debtor fails, we add the case to court, have escorts trial, initiating and overseeing its execution. " The average duration of the debtor in the pre-trial phase of about six months. However, many collectors prefer a simplified form of a trial, with the magistrate. On the one hand, it speeds up the process, making it less costly, on the other hand, the debtor may not agree with the judge, while his order was overturned and the case brought before a regular court. The usual statistics, in Moscow, thousands of only two cases out of court orders magistrate. But this is more evidence of small debtors ignorance of their rights. Thus, in Perm, where the educational campaign in the media, challenged about half orders of magistrates. His clients collectors divided into several categories. The first group, they are those who pay the loan prevented dramatically changed life circumstances (dismissed from their jobs, bankrupted companies, etc.). "The borrowers most contact with us and not going to cooperate," said board member credit bureaus security 'Ruskollektor' .- most frequently enough on the phone together a new schedule of payments on the loan. " The second group payers collectors identify so-called romantic debtors. They live on a false charge, and gave its "no hurry and absorbing money for the acquisition of goods. The fascination of such borrowers disappears when the collector read out excerpts from articles of the Criminal Code. There is a simple Right - those who change their place of residence, taking loans on forged passports and even lose or recovering beyond recognition, that person had nothing to do with the picture on this passport. Interestingly, the steps soft-, hard- and ligal-kollektinga necessarily follow one after the other. Some agencies to speed up the process used in parallel for different procedures (such as phone and request the magistrate). "The technology is still in its recovery boiler, so timing of the debt on the full life cycle, from telephone calls to visit with the bailiffs-ranging from four months to a year," says Director of Development KA 'Tsentr-YuSB' Dmitry Zhdanuhin .- Banks also believe their money. Under each extra duty limit at the bank balance, you need to reserve funds, and sometimes easier to write off debts. " There are two equally popular schemes work with problem debts. In one case, the reservoir serves as a matchmaker. Lest it be referred for services, but still recorded on the balance sheet of the bank. It returned for debt collector receives a commission; Debts that could not be returned, after some time, simply cancelled the bank. The second option-buyout debt collectors, and thus the transfer of the balance of the agency. The way in Russia unpopular. Collectors say that they buy their problem debts at banks have to. "We do not buy the debts, and their money on behalf of the bank. We have to keep the so-called hovering debts, even if the bank offers to buy a portfolio of problem debt for 50% of its face value, "shared Andrei Sorokin. However, a credit organization, which helps agencies develop consumer finance market by European standards, collectors refused, citing a confidentiality agreement. The clearest evidence of such cooperation is an open tender for redemption of debt, announced in August Home Credit and Finance Bank ". Hitting will? Market participants say, created in 2003 Rustam Tariko Agency to collect debts consisted of a strong-looking men, former employees of the Federal Security Service and Interior Ministry. People built sports visited the homes of the borrower and hinted at the need to repay the loan. Sometimes taking a precinct officer or put in the stairwell ad focussing on the misconduct neighbours. But more often than not enough simply call. However, what the words on the phone former FSB persuade debtors to return the money, so none of the borrowers and not admitted. Today collectors abandon the image of people with iron behind. "A good specialist CPS organization today is a lawyer and financier, and the psychologist, says the president of the Association for Fector business Sergei Rahmanin, and the primary method of work is the belief." "Our work is informed by the Civil Code, Civil Procedure and Arbitration Procedure Code, the federal law on executive proceedings, the federal law on mortgage and other regulations governing the process of recovery," said Yelena Dokuchayeva .- In addition, we have developed their own code, which defines the principles of our workforce, in the recovery. In the code were relevant documents governing collectors in the United States and Western Europe. " By the way, in America, for example, professional debt collectors not disturb untrustworthy borrower to eight o'clock and nine o'clock in the evening. Likewise, roughly speaking, borrowers insult or threaten to send the letter, which resembles the form of government dollars. Nevertheless, the Russian market is still in its infancy, the participants are divided into "white", "grey" and "black". The latter are criminal organizations that are "bought" overdue debts. According to the collector, the organization is now going to Fector market in sectors where business is more attractive yields. "Grey" are officially registered organizations based on the work arrangements of illegal pressure. "White" agency not only officially registered, but working exclusively within the law. Under pressure from illegal means or the threat of physical abuse. "Generally, the distinction between 'white' and 'grey' collectors in the minds of people is very thin says Dmitry Zhdanuhin .- In principle, any collector is dealing with the threat. Indeed, the very transfer of bank debt collector can already be interpreted as a threat. The whole question of the legality or illegality ". For example, threats of harm to property, health, life comes under Article 330 ( "arbitrary") of the Penal Code. The threat to apply to the police or to recommend the bank to do so, in fact, the threat of information or blackmail. Nevertheless, an offence that is not a threat because it is the transfer of evidence and the absence of harm to the legitimate interests of individuals. A major difference between the "grey" and "black" collectors market participants indicated that the grey only threatened, and "black" carry out their threat. On the recent meeting in the absence of licensing CPS and specialized law no immunity, but can recognize fraud. Professional collectors say that their staff must have a power of attorney on the case of Fector Agency and passport, proof of identity. But the main feature, which can be distinguished from a professional fraudster to recover the debt, demand repayment through cash bank. The collector not only of the borrower to repay the debt schedule, but will list the nearest bank branch. "If a specialist agency refuses to give you your own passport, not discuss them with their financial affairs," warned Andrei Sorokin, and not pay any cash. " However, the division of reservoirs color does not always reflect the essence of their work. Professionals prefer that division. First, the professional organization of the reservoir, those who position and acts in that capacity. Secondly, law firms, which create the reservoir office. Sometimes these offices are separated, and finally converted to separate reservoir agencies (for example, created "Tsentr-YuSB, Intellekt-S" in St. Petersburg). The third group are private security companies in the regions (ChOPy), which also provide services to the reservoir. Similar efforts are collecting agencies on the basis of security. However, ChOPy and KA-based security services by market participants consider to collectors with a large natyazhkoy.Kommersant

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