The story of how easy it is in our time to become a victim of collectors
Everyone has heard of the cruel and sometimes illegal methods of collectors’ work. They act as agents of the lender and somehow force the borrower to repay the debt. Is there a line in communication with the debtor that the collectors cannot cross? And what if a random person became their target?
Irina Krinchuchenko and Top Credit’s story have been hotly discussed in recent times. And all because it can happen to everyone. As stated by Irina, the collection company Olympic Factoring, acting on behalf of the Top Credit online loan service, calls Irina, her parents and sister 4-5 times a day, demanding payment from the debt. It also sends a collage of an obscene reference made by the company with a picture of the girl and personal data: age, maiden name, home address, Irina and her relatives’ phones.
I write the name of a VICTIM
I want to break two months of silence on Facebook, with the brutal incidents that took place…
According to Irina Krenichenko, she never approached the company Top Credit, as well as Olympic factoring. And the collage information that Irina allegedly earned to pay off her former daughter-in-law’s debt is not consistent with reality. Irina contacted the Cyber Police and the National Police of Ukraine, but by that time they had not taken any action. And only after the matter was made public through media and social networks, TOP Credit contacted Irina and apologized. In particular, thanks to the intervention of Gerrick Korogodsky, the entrepreneur and founder of the charity fund, the victim, where the work takes place, the situation may be decided in favor of Irina in the coming days.
We asked Top Credit for comments. The company reacted very swiftly “Our company does not deal with such things. We are interested in maintaining a reputation and protecting our customers from such attacks. “But he promised to send more detailed comments to the concerned department later” to avoid similar situations in the future.
Maxim Malinski, the head of the legal department of the international company Ikajo, said that the main goal of collectors, is to get the money in some way at the least cost. For this, the simplest methods of psychological effect, such as phone calls or personal travel, will be used. To be able to resist, you need to know your rights and clearly understand the moment when they are violated.
Head of Legal Department, Ikajo International
Major possible violations from collectors:
- Considered as a phone call or tour (officially before 22.00 and up to 7.00 pm) during the holidays;
- Threat to life, health, property of the borrower or his family members (including the use of defacement);
- Intentional overstatuation of debt;
- Disturbances of public order;
- Application of measures that jeopardize the debtor’s honor, reputation, professional reputation and other non-property rights;
- Distribution of confidential information about the borrower.
According to the lawyer, if a violation occurs on one or several points, you will have to contact the appropriate authorities – law enforcement agencies, court, management of the collection company, with complaints about the employees’ actions.
Are collectors responsible for their actions?
As stated by Maxim Malinsky, collectors are responsible for three activities:
- Criminal – Article 189 “Extortion” of the Penal Code of Ukraine, Art. 355 “Compulsion to fulfill or not to fulfill civil obligations”, Art. 182 “Expressed in violation of privacy, illegal collection, storage, use and dissemination of information about a person without his consent” Art. 162 “violation of housing violence” and “hooliganism” and others.
- Administrative – violation of Ukraine’s law on the protection of private data. Responsibility for the disclosure of personal data is provided in Part 4 of Art. 188–39 of the Code of Ukraine on administrative offenses.
- Civil – moral damages in court.
Head of Legal Department, Ikajo International
What to do if you become a target for collectors
Thus, collection companies’ aggressive actions towards you are unacceptable, regardless of whether you are indebted to a financial company. In the event of such a situation, you should contact the law enforcement officers. However, given the situation with Irina Krenichenko, the police are not always in a hurry to help. Meanwhile, such cases of bullying are common. And just getting the attention of the public can help resolve them at least in some way.
The editors of Pespace magazine requested comment from the Cyber Police of Ukraine and the press service of the Association of Financial Institutions (AFI), but no response has been received yet. In case of additional information, we will definitely inform you.