"National collection service" - what is it? The question in this formulation can be asked only by a respectable business executive or borrower, which timely repays his debts.
Professional collection of accounts receivable, refers to outsourcing, arises in the field of non-payments. With the collection company that carries this name, legal entities and individuals that generate receivables face. Who are they, the "wards" of the legal entity under consideration, which implements the right of claim? Contingent motley: from good citizens or companies to scammers, who are clearly hiding from creditors.
Often the topic of struggle with collectorship is raised. Is it reasonable? Collector organizations, the meaning of which is the repayment of receivables, is in all developed countries. Their activities are regulated by laws. (Next, we will get acquainted with the legal organization of collection in the USA, Britain, France). It should not be fighting with collectorship, but with cases of violation by individual collectors of legal norms.
Internal kitchen of the collection
The collection activity is carried out by the company in two directions.
The first is the agency scheme in which "NSV" ("National Collection Service"), guided by Article 52 of the Civil Code of Russia, receives from the principal a register of debtors. Further, by performing debt collection by the debtors, the collection company acting as agent in this case receives from the principal its agency fee, which in the Russian collection market amounts to 20 to 25% of the amount of the canceled receivables. However, the agency scheme, based on the all-Russian experience, provides about 20% of the income of collection enterprises.
The main direction, which operates "NSV" ("National Collection Service") is the repayment of debts.
Currently, commercial banks and other partners of collectors are willing to go to such a deal. Thus, firstly, having freed themselves from the "headache" about the overdue accounts receivable, they are able to concentrate their human and financial resources on the main activity to a greater extent. Secondly, at the same time, the financial condition of banks automatically improves, their market price increases when selling a business.
Banks sell collectors their debts with portfolios, that is, registers of debtors for several thousand people. The legal basis for this is the line in the contract with the client, which gives the bank the right to transfer the debt to collection to third parties. Portfolios are usually thematic. For example, card loans, unsecured loans, collateral loans, mortgages. Collector agencies buy these packages for a certain percentage (price). Currently, the price of such a package is from 0.5 to 2% of the total amount of receivables.
The value in the pricing package has a time limit for the arrears. After all, if the recent arrears of collectors can be repaid by 60-80%, then sometimes it is impossible to collect the overdue 5%.
Thus, the registers of debtors get to the collectors, the debtors give a phone call, and a polite voice is represented: "National collection service ..." "What is it?" - in turn, the debtor asks. By his own way of conviction and negotiation patiently bring to the right decision - after all, to pay off the debt.
It should be noted that a person should not "run" his debt to maturity at the collection stage. To do this, you should apply to the bank on time in time to restructure the debt, defer payments. In a word, you do not need to let things go by themselves.
If, however, "everything is so neglected", that the conversation with the collector took place, we recommend using a telephone with a caller ID and a voice recorder. You can also request from the collection agency that you be sent by mail the agency agreement of the bank and a copy of the agency's letter of attorney. Demand that the collector, of course, introduced himself and announced the name of the collection agency for which he works.
Here, in principle, the balance of interests. If the collector comes to meet you in terms of drawing up your own debt repayment schedule, then this is the right approach. A good citizen should not be flaunted by the absence of a law on collection activities and "go into refusal". The draft law is, do not forget about it.
It's another matter if you feel the moral pressure. By law, collectors have no right to inform about your duty to close people, colleagues at work, to call them, to break into your house. Also there is no legal force "horror story" about the application of Art. 159 of the Criminal Code, defining the responsibility for fraud, if you made at least one planned payment. Do not "be carried" and on the art. 177 - "malicious evasion", it is used quite rarely. If you have taken on too zealously, talk with the collectors through a lawyer.
Now consider the same situation on the reverse side. How to adequately lead a collector conversation with the debtor - there is no single recipe. However, there is a general plan recommendation: an experienced collector is obliged to conduct a conversation with the client so that he takes it seriously. As a rule, employees are better with physical persons - former precinct officers.
How does General Director of "NSV" Arthur Aleksandrovich see a typical debtor? This is a man who has credited thousands of rubles for 50 rubles, who came up with the "bright idea" of accepting a loan as a gift. Therefore, he leaves Moscow, settling in a hundred and fifty kilometers from it, without even thinking of paying. In this case, the debtor thinks that his "no one sees."
Federal level of work of collection companies
According to statistics, today more than 80% of Russian banking institutions outsource their debt on loans to collection companies. Clients of collectors are also debtors of housing and communal services, and their debts for 2013, according to the Ministry of Regional Development of Russia, amounted to no less than 736 billion rubles. With the collectors, mass-users of mobile operators for clients-fraudsters (having realized the profitability of such outsourcing) also cooperate massively.
The scale of this type of activity is evidenced, for example, by the fact that LLC "NSV" ("National Collection Service") collects in 83 regions of Russia, becoming, in fact, a company of the federal level.
Payment discipline and collection
The objective reality is that in times of crisis, business that arose in "good times" as doping, artificial, starts to fall, accumulating a debtor. On the other hand, individuals who have incurred excessive financial obligations for loans, also can not service their repayment. The receivables generated by them act as a kind of thrombus in the financial system. Repayment of it makes the economy healthier. Therefore, collector activity, which forms payment discipline, is objectively necessary for society. When a person or company ceases to make contractual payments, collectors meet with them and explain why it should be paid.
The civilized market of collection services
Why use the authority of partners "National Collection Service"? What is this - the professional code of collection ethics? In the company, the subsequent monitoring of the activities of its employees - collectors - entered into the rules. The discipline of observing the rights of debtors is achieved through in-house special education and instruction, and in some cases (a clear violation) - a hard response of the administration of the "NSW". In addition, on the site of the collection company, the same debtors explain their rights in the relationship with the collectors. In addition, there is a hotline of the Collectors Association, to which the debtor can call and complain about the unprofessional actions of the collector who committed the violations.
Ethics of work with clients
Management of the company persistently and systematically impose and implement the internal rules of work, which guided the "National Collection Service." Reviews of former debtors do testify to this.
In particular, there is a regulation when it is possible for the debtor to call (from 8.00 to 21.00), and he is not violated. The employee of the company, always appearing to the interlocutor, gives him the official telephone number of the collection company. Telephone conversations with the debtor are made no more often than once every 2-3 days. The main work of the "NSW" employee is to understand the situation of the person who created the debt, to understand when he will have cash receipts, and together with him to plan payments, and, of course, monitor their implementation.
The main argument of the collectors is a significant increase for the debtor of costs in case of transfer of his debt to the judicial plane. So, it quite openly conducts its day-to-day activities on collection of accounts receivable "National collection service". Her phone number (+7 (495) 363-13-30) is always available to customers if they have any questions or suggestions on how to repay the debt.
Also there are situations of principal disagreement of the debtor with the creditor about the contractual amount of the debt. In this case, the collector becomes an intermediary, helping to establish the truth.
The need for a legislative settlement of the collection
Is not the paradox a lack of the word "collector" in the legislation? And this is in the market, where more than a thousand collection companies work, whose activities are coordinated by NAPKA (national association of professional collection agencies)?
A logical question arises about the appropriateness of such theoretical disputes and the artificial delays in legislative regulation at a time when the collection market is increasing by one and a half times every year. Perhaps, it is worthwhile to heed the remark made by the Minister of Justice of the Russian Federation Konovalov to the journalists at the II St. Petersburg Legal Forum about the critical lag of the regulatory legal act that prevents the withdrawal of collection activities into "unknown, non-transparent and uncontrolled segments."
Why "NSW" is waiting for the legislative settlement of the collection market
The abundance of collection companies, along with a deficit of state regulation leads to the business of various, including unscrupulous entrepreneurs. After communicating with them and getting to know their methods of work, debtors are forced to apply to the prosecutor's office with complaints about extortion and coercion to fulfill a civil contract.
The problem of legislative settlement of the collection
The well-known "long-term construction" is the draft law "On Collector Activity". It was planned to discuss at the government level in May 2012, but it has become a tradition to send this "inconvenient" draft bill for revision. The problem is that at a time when the Supreme Administrative Court recognizes the project as relevant civil law, the Prosecutor General's Office and the Rospotrebnadzor consider it illegal to transfer the right of claim without obtaining the consent of the debtor. At the same time, "sovereign men" do not particularly bother to take as a basis the "rough practice" of the work of the most successful collection companies in Russia, such as OOO NSV (National Collection Service).
Lawyers of the company actively participate in the preparation of the law, because a completely transparent business is the guarantee of its further prosperity. At present, the collection market in Russia is struggling, but enters a phase of legal regulation.
For example, the issue of insurance of professional activities of reservoirs, as well as licensing of technical protection of confidential information, has moved from the dead end. This once again confirms the fact that the Russian economy ceases to be a transitional one, acquiring the features of stability. It is in this area that LLC "NSV" ("National Collection Service") works to recover loans, debts for housing and communal services, and to pay off debts of legal entities. At the same time, this company demonstrates the legislative and organizational initiative, organizes extensive professional cooperation with various subjects of the Russian market.
History: integration of the company into the national economy
The company was established with the participation of foreign capital on August 31, 2005. Registrar - Moscow Interdistrict Inspectorate of the Federal Tax Service of Russia No. 46 for Moscow. Then it was called the Debt Agency "Pristav". Now OOO "NSV" can be called the leader of the Russian market, which manages accounts receivable at various stages: before the court, during the ship review, and also at the executive stage. The fact that the company is closely integrated into the national economic complex, confirms its membership in the ARB (Association of Russian Banks) and the founding function in the professional association of collectors NAPKA. By the way, the initiative of creating such an association belongs to the leadership of the "NSV".
The Russian leader of the collection market is also working with accounts receivable abroad. This is facilitated by the membership of LLC "National Collection Service" in international associations CSA, ACA International, GCS, FENCA.
Strategic goals of the company
Obviously, a company that does not set itself really large strategic goals, objectively can not achieve in its development of the federal level. There are such goals and the "NSV". They are clearly stated on the official website of the company:
- professionally working on autosorsing with accounts receivable, constantly to achieve greater efficiency, than specialized departments of financial institutions;
- "National collection service" (debt), by its effectiveness, encourages legal entities that have receivables to apply to it for outsourcing;
- Constantly at the control of managers of "NSW" are internal financial indicators: a decrease in outsourced arrears and, accordingly, an increase in the profitability of collection work.
Management determines the methodology of work
David Jones, Chairman of the Board of Directors of the NSW, has not only degrees in finance and the economy of the United States, but also a track record of leadership in energy and media, private foundations, investment companies both in the US and Russia. General Director Arthur A. has experience of lawmaking, membership in the management of a commercial bank, banking retail business in Europe. These managers are supporters of the most advanced and civilized methods of work.
The aforementioned top managers conduct effective management of the company "National Collection Service". What is this - the services of this collection company, which it provides to its partners? This is a multi-stage process.
First, the company helps to determine whether a natural or legal person is suitable for the role of borrower. Specialists of "NSV", using the established methodology, make verification of those who wish to receive a loan, monitor its reliability, solvency.
As part of the pre-judicial collection of debts, debtors are informed by SMS, meetings with them, telephone conversations.
At the stage of judicial review of the debt, the "NSW" prepares documents for him, carries out escorts, receives a ship's report in his hands.
In the enforcement proceedings, the company also pursues its objectives in the legal field, while facilitating the bailiffs in their work.
The "National collection service" acts as an increasingly efficient financial intermediary, eliminating accounts receivable, employee feedback testifies to this. We analyzed them in order to present this company to you as completely as possible. At the same time, of course, it was taken into account that hardly any society sympathetically refers to the work of collectors. However, an objective approach is still important. On the one hand, employees of the company as a whole are satisfied with the salary, the collective. They pay tribute to in-house education. Many have significantly improved their knowledge of the civil and criminal codes.
However, they acknowledge that the character, the inner core, is important for an employee of the NSW. It does not matter where he works: "National collection service", Moscow or another regional unit, motivation and calmness are important, because this work is not for the weak.
Criteria of personal business qualities of reservoirs: stress resistance and moral endurance - are not even disputed. But still, perhaps, proceeding from the practice of collection work, in some cases, the law introduces special modes of debt repayment. After all, it is the view on collector problems from the inside, perhaps, that will spur the legislators to settle this business more quickly, to bring it to the state of staff stability, when there is no turnover. This will inevitably entail an increase in the qualifications of employees, the effectiveness of their work.
Also, in some cases, state support for socially unprotected debtors that have fallen into a financial stalemate due to the disease should be stipulated.
"NSV" ("National Collection Service"): Debts of Debtors
Even former debtors recognize the transparency and predictability of the work that the National Collection Service demonstrates. The official website of the organization (nrservice.ru) contains information useful to debtors who repay their accounts receivable in cooperation with "NSW".
In particular, here they can find recommendations on how to proceed if they received a notification SMS from the company, what actions should be taken after the call of the collector, what important points should be paid attention to in person. It also provides for an in-person opportunity to discuss with the collector the procedure for repaying the debt.
Agree that only in the mutual understanding of the collector and the debtor the process of repayment of receivables is optimal. Therefore, the question: "How to deal with" NSV "?" - futile. The debtor, rather, should cooperate with this company.