The collectors were divided according to risks – Newspaper Kommersant No. 53 (7498) dated 03/29/2023
[ad_1]
In 2022, almost 5% of participants in the professional recovery market were classified by the Federal Bailiff Service (FSSP) as “high” and “significant” risk. Such companies at least once in the past year committed a significant violation of the law, for example, threatened debtors. However, market participants and experts note that the measure does not take into account the size of the company’s portfolio. For debtors, these categories are purely informational in nature, since they cannot change the claimant.
As follows from the register of collectors maintained by the FSSP (Kommersant got acquainted with it), for the year of the “Regulations on federal state control (supervision) over the activities of legal entities engaged in the recovery of overdue debts …” out of 525 market participants, 26 companies received “high” (“red”) and “significant” (“yellow”) risk categories. Collectors who even once during the year threatened the health or life of the debtor, destroyed property, etc., or repeatedly violated the established requirements for interaction with a citizen, are classified as high risk.
In the spring of 2021, the Ministry of Justice, under which the FSSP is subordinate, proposed assigning collectors different risk categories for harm: high, significant, medium, low. Corresponding changes were proposed in the “Regulations on federal state control (supervision) …”. Despite criticism from the professional community (see Kommersant dated April 26, 2021), the changes were accepted. The new evaluation criteria have been applied since the beginning of 2022. Last year, the FSSP received 2.3 million complaints about the actions of claimants. Almost 210,000 complaints were found to be justified.
It is important to understand that we are talking about confirmed violations, that is, those that were, firstly, committed during the previous calendar year, and secondly, confirmed by court decisions and protocols on administrative violations that have entered into force, stresses the managing partner of the legal of Enterprise Legal Solutions Yury Fedyukin.
However, according to market participants, the threshold set by the FSSP is quite low. “In fact, all major collection agencies are at risk,” says Elman Mehdiyev, president of SRO NAPCA. The agency falls into the “red” zone already with two violations, while not taking into account the size of the portfolio that is in operation, he emphasizes. “You can move from the “green” to the “red” category on the condition of just one gross violation,” notes Mr. Fedyukin.
Experts note that if an organization is assigned a “red” category, the likelihood that it will eventually be excluded from the register is much higher. But this does not mean that such a decision will not be made in relation to an organization with a “green” risk marker, if there are grounds for this. “Belonging to one or another risk category is a consequence of violations and the consequences that follow them, and not vice versa, based on a marker alone, organizations are not excluded from the register,” notes Yuri Fedyukin.
But market participants believe that it is necessary to revise the criteria. “It is necessary to take into account not the number of applications, but their share of the total portfolio,” notes Mr. Mehdiyev. That is, two appeals for a company that has millions of contracts in the works, “this is a drop in the ocean.” But for a company where the amount of debt is minimal, these two appeals already “serve as a kind of wake-up call that you need to pay attention to.”
At the same time, these indicators do not affect the activities of black and gray collectors, Kommersant’s interlocutors emphasize. For debtors, Mr. Fedyukin clarifies, the risk categories of collectors are purely informational in nature, since they do not have the opportunity to change the collector.
[ad_2]
Source link