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​ЦБ предлагает запретить кредиторам переуступать долги «черным коллекторам»

Банк России готовит поправки к закону о взыскании просроченной задолженности, которые запретят кредиторам — банкам и микрофинансовым организациям — переуступать долг юрлицам, не входящим в реестр профессиональных коллекторов. Об этом на круглом столе в Совете Федерации сообщил руководитель службы по защите прав потребителей и обеспечению доступности финансовых услуг Банка России Михаил Мамута, передает ТАСС.

«Мы видим из жалоб, например, человек пишет: такая-то микрофинансовая организация выдала мне заем, теперь требует его взыскания. Мы запрашиваем эту организацию, она дает нам ответ, из которого следует, что она год как переуступила требование долга, но не профессиональному коллектору, а некоему юридическому лицу. Ведь закон у нас ограничивает определенные полномочия по взысканию, но не право на переуступку как таковое», — пояснил Мамута.

По его словам, долг может переуступаться несколько раз, в итоге организация — конечный взыскатель может грубо нарушать закон.

«Они фактически, представляясь МФО или коллектором, производят действия непосредственно по взысканию. Но поскольку эти организации не являются поднадзорным ни нам, ни ФССП субъектом, человек может жаловаться на них только в полицию», — пояснил Мамута. Это «серая», даже «черная» зона рынка взыскания, уточнил он, и необходимо законодательно ее отрегулировать.

ФССП в свою очередь предлагает дать Банку России возможность возбуждать административные дела против банков и МФО, нарушающих правила взыскания просроченной задолженности, либо в качестве альтернативы дать возможность взыскивать задолженность только лицам (в том числе банкам и МФО), включенным в государственный реестр коллекторов, который ведет ФССП, сообщил на круглом столе замглавы ведомства Игорь Савенко. Сейчас ФССП столкнулась с недостатком полномочий по истребованию доказательств при работе с жалобами на организации, которые не входят в реестр, так как закон не устанавливает требований по взысканию для тех, у кого взыскание не является основным видом деятельности. Это повлечет увеличение штата ФССП и роста затрат из него, указали в службе.

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