Transfer of rights of requirements for any credits to the third party who does not possess the bank license, is illegal – so considers plenum of the Supreme Court (SC). If the resolution containing such situation is accepted, borrowers will be able to challenge in court all sales of debts on the credits to the collection agencies (CA), and also all transactions on repayment of the Agency for Housing Mortgage Lending of mortgage loans. The market of cession of debts of natural persons about 1000 billion rubles thus will appear beyond the law – the "Kommersant" newspaper so declares.The sponsor of placement P&G Articles on the subject "Why the Supreme Court Forbade Banks to Sell Debts to Collectors" How to learn the credit history in bank How to return the sum under the contract How to carry out an action in accounts department Partly such situation arose as approving reaction of VS to repeated statements of the head of Rospotrebnadzor Gennady Onishchenko who claimed that collectors ruthlessly intimidate debtors, threaten punishment by phone, pursue borrowers and so on. Of course, complaints to agencies from borrowers arrived repeatedly but the matter is that "gray" collectors so work. "The agencies respecting themselves do not use such methods" – so protected the position of the head of the leading KA.
In the press service of the Supreme Court explain that when entering into the draft of the resolution of amendments of the comment of interested parties can be still considered. However it will occur only if (further there is a quote) "the shown system of the argument corresponds to interests of citizens and standards of the existing laws and will move the argument of plenum". Also note the following: "The established practices show that the resolution, as a rule, is accepted within a week after discussion of its project".
Experts note that the resolution of plenum will be obligatory for execution by all courts of law in which natural persons have also legal proceedings. As for contest of legitimacy of the contracts signed between banks and collection agencies, borrowers will be able to make it and concerning the contracts signed until a release of the considered resolution of the Supreme Court.
Nevertheless, the collection organizations do not seem the frightened such serious changes yet. In conversation with the correspondent of rugrad.eu Andrey Kireyak, the deputy head of the Kaliningrad limited liability company "Agency on Return of Debts of Baltaleks", declared that this resolution will not be reflected in them in any way. On a question "Why?" Andrey answers that the position of the Supreme Court contradicts both the current legislation, and a position of the Supreme Arbitration Court. Also he considers that this contradiction will eliminate revision of a question in the Constitutional court.
Besides, Kireyak noted that many collection agencies work according to the agency scheme: debts actually remain on balance with bank, that is they are not transferred to collectors. In the end of conversation with the correspondent Andrey Kireyak summed up: he considers that after a release of the resolution of legislative bases for contest of transfer of debts to collectors in court will not arise.