Кредиторам разрешили звонить должникам на работу

Кредиторам разрешили звонить должникам на работу

Фото:
Евгений Дудин /
Коммерсантъ

Суд признал право кредиторов и иных взыскателей звонить на рабочий телефон заемщика при условии, что информация о долге разглашаться не будет. Главным аргументом в пользу кредитора при рассмотрении дела стала запись переговоров. Документальных контраргументов у должника и его коллег не нашлось. По мнению правозащитников, заемщики находятся в уязвимом положении, поскольку обеспечить запись неожиданного звонка по рабочему телефону практически невозможно.

На днях был обнародован текст решения Арбитражного суда Вологодской области, которое закрепило возможность для кредиторов и взыскателей звонить на рабочий номер должника. Сам факт звонков на рабочий телефон нельзя расценивать как взаимодействие с иными лицами, если при этом не была разглашена информация о долге или иные персональные данные, следует из решения суда. При этом кредитор должен иметь возможность подтвердить с помощью записи переговоров, что разглашения частной информации не было.

Такое решение суда идет вразрез с позицией Банка России. Как следует из материалов дела, заемщица кредитного потребительского кооператива (КПК) «Илма» Ирина Тарасова обратилась в Роспотребнадзор с жалобой на действия кредитора, который, чтобы добиться погашения задолженности, звонил по ее рабочему номеру и разговаривал с ее коллегой. Роспотребнадзор перенаправил жалобу в ЦБ. Там сочли, что действия кредитора нарушают нормы закона о взыскании долгов физлиц (230-ФЗ).

Согласно ст. 4 230-ФЗ, кредитор или лицо, действующее от его имени, вправе взаимодействовать с должником, используя личные встречи, телефонные переговоры, телеграфные сообщения, текстовые, голосовые и иные сообщения, передаваемые по сетям электросвязи, почтовые отправления. Иные способы взаимодействия могут быть предусмотрены письменным соглашением между должником и кредитором.

По словам заемщицы, ни она сама, ни ее коллега согласия на подобное взаимодействие не давали. В ЦБ посчитали, что раз коллега Тарасовой не является заемщиком или лицом, предоставившим обеспечение по договору займа, кредитор не вправе был осуществлять с ней взаимодействие по вопросам взыскания задолженности Ирины Тарасовой, и оштрафовали КПК на 50 тыс. руб. КПК с такой позицией не согласился и оспорил штраф в суде. Доводом в пользу кредитора стал тот факт, что заемщица в анкете указала номер рабочего телефона и звонивший по нему сотрудник не мог знать, что к телефону подойдет иное лицо. Кооператив представил суду записи телефонных разговоров, из которых следует, что сотрудник кооператива попросил Ирину Тарасову к телефону, при этом данных о займе и его сумме не сообщал, как и не говорил, что является представителем КПК. Суд принял эти доводы и встал на сторону кредитора, хотя заемщица и ее коллега настаивали на том, что в разговоре сотрудник КПК представился и сообщил, что звонит по поводу долга Ирины Тарасовой. Впрочем, каких-либо доказательств заемщица и ее коллега предъявить не смогли.

Кредиторы рассчитывают, что данное решение устоит, и тогда рабочий телефон заемщика можно будет без опасений использовать для контакта с ним. «Решение первой инстанции необязательно будет окончательным, вполне возможно, представители ЦБ отстоят свою позицию в вышестоящих инстанциях,— отмечает генеральный директор сервиса онлайн-займов «Робот Займер» Сергей Седов.— Кроме того, многое зависит от того, каким образом заемщик указал контактные данные». Эксперты отмечают, что не последнюю роль в данном споре сыграла запись телефонных переговоров. «Ранее кредиторы в аналогичных спорах чаще проигрывали,— отметил глава СРО МИР Андрей Паранич.— Однако в данном случае именно запись переговоров помогла доказать правоту кредитора».

Правозащитники уверены, что в подобных спорах заемщики находятся в уязвимом положении. «Я бы не доверял записям звонков, которые предоставляют кредиторы и взыскатели,— отмечает председатель правления Международной конфедерации обществ потребления Дмитрий Янин.— Нельзя исключить возможность того, что недобросовестный кредитор «отредактирует» звуковой файл». При этом заемщики, как правило, сами не записывают разговоры, и еще сложнее ожидать, что переговоры по рабочему телефону запишет случайный коллега, отмечает он. Господин Янин рекомендует заемщикам, не готовым делиться с коллегами и другими лицами информацией о долговых обязательствах, пользоваться правом на отказ от вербального общения, тем самым обезопасив себя от ненужных звонков, в том числе и на рабочие номера.

Источник: kommersant.ru

158 комментариев

Уведомление: Pest Control in Huntington Beach CA
Уведомление: Maryland Waterfront homes
Уведомление: ww88
Уведомление: first coast
Уведомление: 바카라
Уведомление: CBD oil
Уведомление: conducting marketing research

Hi there very nice site!! Man .. Beautiful .. Superb .. I will bookmark your web site and take the feeds alsoKI am satisfied to find so many useful info right here within the post, we need develop extra techniques on this regard, thanks for sharing. . . . . .

Those are yours alright! . We at least need to get these people stealing images to start blogging! They probably just did a image search and grabbed them. They look good though!

Everyone loves what you guys are up too. This type of clever work and exposure! Keep up the superb works guys I’ve you guys to my personal blogroll.

Aw, this was a really nice post. In thought I wish to put in writing like this moreover – taking time and actual effort to make an excellent article… but what can I say… I procrastinate alot and not at all seem to get one thing done.

Fantastic post however , I was wanting to know if you could write a litte more on this subject? I’d be very grateful if you could elaborate a little bit further. Kudos!

An fascinating discussion is value comment. I believe that it is best to write more on this matter, it might not be a taboo topic but typically individuals are not sufficient to speak on such topics. To the next. Cheers

I haven’t checked in here for a while because I thought it was getting boring, but the last several posts are great quality so I guess I will add you back to my daily bloglist. You deserve it my friend 🙂

What i do not understood is in reality how you are now not actually a lot more well-favored than you may be now. You’re so intelligent. You know thus significantly with regards to this matter, made me personally imagine it from so many various angles. Its like men and women aren’t interested except it?¦s one thing to do with Lady gaga! Your own stuffs excellent. All the time deal with it up!

Wonderful blog! I found it while searching on Yahoo News. Do you have any suggestions on how to get listed in Yahoo News? I’ve been trying for a while but I never seem to get there! Many thanks

Уведомление: Telescopes

hey there and thanks in your information – I have certainly picked up anything new from proper here. I did then again expertise a few technical points the use of this web site, since I experienced to reload the website many times prior to I may just get it to load properly. I were thinking about in case your web host is OK? No longer that I am complaining, however sluggish loading cases times will very frequently affect your placement in google and can injury your high quality rating if advertising and ***********|advertising|advertising|advertising and *********** with Adwords. Well I am including this RSS to my email and could look out for much extra of your respective exciting content. Make sure you replace this again very soon..

Уведомление: porn

I was recommended this website by way of my cousin. I’m no longer certain whether this post is written by way of him as nobody else know such certain about my difficulty. You’re wonderful! Thank you!

Уведомление: Ignou Project

You can definitely see your enthusiasm within the paintings you write. The sector hopes for even more passionate writers like you who are not afraid to say how they believe. All the time follow your heart. «The most profound joy has more of gravity than of gaiety in it.» by Michel de Montaigne.

Youre so cool! I dont suppose Ive read something like this before. So good to seek out any person with some authentic ideas on this subject. realy thanks for starting this up. this website is one thing that is needed on the internet, somebody with slightly originality. helpful job for bringing one thing new to the web!

Уведомление: dewa qiuqiu99

That is the appropriate blog for anybody who wants to find out about this topic. You realize so much its virtually onerous to argue with you (not that I really would need…HaHa). You definitely put a new spin on a topic thats been written about for years. Nice stuff, just great!

Уведомление: MMO News

Hi, just required you to know I he added your site to my Google bookmarks due to your layout. But seriously, I believe your internet site has 1 in the freshest theme I??ve came across. It extremely helps make reading your blog significantly easier.

Have you ever considered about adding a little bit more than just your articles? I mean, what you say is valuable and all. However just imagine if you added some great visuals or videos to give your posts more, «pop»! Your content is excellent but with images and clips, this blog could definitely be one of the best in its field. Very good blog!

obviously like your web site however you have to test the spelling on several of your posts. Many of them are rife with spelling problems and I in finding it very troublesome to tell the truth however I?¦ll certainly come back again.

Unquestionably consider that that you stated. Your favourite reason appeared to be on the internet the easiest factor to keep in mind of. I say to you, I certainly get irked even as other folks consider worries that they just don’t understand about. You managed to hit the nail upon the highest and outlined out the whole thing without having side-effects , other folks can take a signal. Will likely be again to get more. Thank you

There is evidently a bunch to identify about this. I assume you made some nice points in features also.

Thank you so much for giving everyone an extremely memorable possiblity to read from here. It’s always very awesome and also packed with a good time for me and my office friends to visit your web site particularly three times in a week to read the latest guides you have got. And lastly, I am just actually contented with the spectacular knowledge you serve. Certain 3 points in this posting are really the most suitable we have all had.

You really make it appear so easy together with your presentation however I to find this matter to be actually one thing which I think I’d by no means understand. It seems too complex and very large for me. I’m having a look forward in your next put up, I will attempt to get the hang of it!

I’ll right away seize your rss feed as I can’t find your email subscription link or newsletter service. Do you have any? Please allow me recognise so that I may just subscribe. Thanks.

I know this if off topic but I’m looking into starting my own weblog and was wondering what all is required to get setup? I’m assuming having a blog like yours would cost a pretty penny? I’m not very internet savvy so I’m not 100 certain. Any tips or advice would be greatly appreciated. Appreciate it

Whats Taking place i’m new to this, I stumbled upon this I have discovered It absolutely helpful and it has helped me out loads. I am hoping to give a contribution & assist other users like its aided me. Good job.

I just want to tell you that I am just beginner to blogging and site-building and definitely savored your web blog. Probably I’m likely to bookmark your website . You actually come with impressive articles. Many thanks for sharing your web-site.

This is the right blog for anyone who wants to find out about this topic. You realize so much its almost hard to argue with you (not that I actually would want…HaHa). You definitely put a new spin on a topic thats been written about for years. Great stuff, just great!

You’ve made some good points there. I checked on the net to learn more about the issue and found most people will go along with your views on this web site.

Good post. I learn something totally new and challenging on websites I stumbleupon every day. It’s always interesting to read through content from other writers and use a little something from other web sites.

An impressive share! I have just forwarded this onto a coworker who has been conducting a little research on this. And he in fact bought me dinner due to the fact that I stumbled upon it for him… lol. So let me reword this…. Thank YOU for the meal!! But yeah, thanks for spending some time to talk about this subject here on your internet site.

Greetings! Very helpful advice in this particular article! It’s the little changes that will make the most important changes. Thanks a lot for sharing!

I would like to thank you for the efforts you have put in penning this blog. I am hoping to see the same high-grade blog posts from you in the future as well. In fact, your creative writing abilities has encouraged me to get my own, personal blog now 😉

You’re so interesting! I do not think I have read anything like that before. So wonderful to find someone with some genuine thoughts on this issue. Really.. thanks for starting this up. This web site is something that is needed on the web, someone with some originality!

Hi there! This blog post could not be written much better! Looking through this post reminds me of my previous roommate! He continually kept preaching about this. I’ll forward this information to him. Pretty sure he’ll have a good read. Thank you for sharing!

Great site you’ve got here.. It’s hard to find high quality writing like yours these days. I seriously appreciate individuals like you! Take care!!

Oh my goodness! Incredible article dude! Thanks, However I am having problems with your RSS. I don’t know why I can’t join it. Is there anybody having the same RSS problems? Anybody who knows the solution can you kindly respond? Thanx!!

When I originally left a comment I appear to have clicked the -Notify me when new comments are added- checkbox and from now on whenever a comment is added I recieve four emails with the exact same comment. There has to be a way you are able to remove me from that service? Thanks!

An interesting discussion is worth comment. I do believe that you should write more about this subject, it may not be a taboo subject but typically people do not talk about such issues. To the next! Cheers!!

Howdy! I just would like to offer you a big thumbs up for your excellent info you have here on this post. I am coming back to your site for more soon.

May I just say what a comfort to find someone who really understands what they are discussing on the net. You definitely know how to bring an issue to light and make it important. More and more people must look at this and understand this side of the story. I was surprised you’re not more popular because you definitely have the gift.

Everything is very open with a precise clarification of the issues. It was definitely informative. Your site is extremely helpful. Many thanks for sharing!

Good post. I learn something new and challenging on sites I stumbleupon everyday. It’s always helpful to read through articles from other writers and use a little something from their web sites.

Oh my goodness! Incredible article dude! Thanks, However I am going through issues with your RSS. I don’t understand the reason why I can’t subscribe to it. Is there anybody getting the same RSS issues? Anybody who knows the solution will you kindly respond? Thanx!!

Hi! This is my first visit to your blog! We are a group of volunteers and starting a new project in a community in the same niche. Your blog provided us beneficial information to work on. You have done a extraordinary job!

Good site you have here.. It’s difficult to find excellent writing like yours these days. I really appreciate individuals like you! Take care!!

Hi, I do think this is an excellent site. I stumbledupon it 😉 I’m going to return once again since i have saved as a favorite it. Money and freedom is the greatest way to change, may you be rich and continue to guide others.

Hi, There’s no doubt that your website may be having web browser compatibility issues. Whenever I look at your web site in Safari, it looks fine however, if opening in Internet Explorer, it has some overlapping issues. I merely wanted to give you a quick heads up! Besides that, great blog!

Can I just say what a relief to discover somebody who really knows what they are discussing on the internet. You definitely know how to bring an issue to light and make it important. A lot more people should check this out and understand this side of your story. I was surprised you aren’t more popular since you definitely possess the gift.

You are so awesome! I don’t think I’ve truly read through a single thing like that before. So great to find someone with genuine thoughts on this subject matter. Really.. many thanks for starting this up. This site is one thing that is needed on the web, someone with a bit of originality!

This is a really good tip particularly to those fresh to the blogosphere. Short but very accurate information… Thanks for sharing this one. A must read article!

After checking out a number of the blog posts on your web page, I seriously like your way of blogging. I book marked it to my bookmark website list and will be checking back in the near future. Please visit my website as well and let me know your opinion.

I’m amazed, I must say. Seldom do I come across a blog that’s both equally educative and amusing, and without a doubt, you’ve hit the nail on the head. The problem is something which not enough men and women are speaking intelligently about. Now i’m very happy I came across this during my hunt for something relating to this.

That is a very good tip particularly to those fresh to the blogosphere. Brief but very accurate info… Many thanks for sharing this one. A must read article!

Howdy! I simply wish to give you a huge thumbs up for your great information you have right here on this post. I’ll be returning to your website for more soon.

Hi, I do think this is a great blog. I stumbledupon it 😉 I am going to return once again since I book-marked it. Money and freedom is the best way to change, may you be rich and continue to help other people.

You are so awesome! I do not think I’ve read through a single thing like this before. So wonderful to find someone with unique thoughts on this subject. Seriously.. thanks for starting this up. This web site is something that is required on the internet, someone with some originality!

Greetings! Very helpful advice in this particular post! It’s the little changes that produce the most important changes. Many thanks for sharing!

A motivating discussion is worth comment. I do think that you ought to write more on this issue, it might not be a taboo matter but generally folks don’t talk about such topics. To the next! Many thanks!!

I really love your website.. Pleasant colors & theme. Did you make this web site yourself? Please reply back as I’m trying to create my own site and want to learn where you got this from or exactly what the theme is called. Cheers!

Spot on with this write-up, I honestly believe this website needs much more attention. I’ll probably be back again to see more, thanks for the information!

This is a really good tip especially to those fresh to the blogosphere. Simple but very accurate information… Many thanks for sharing this one. A must read post!

Way cool! Some extremely valid points! I appreciate you writing this article plus the rest of the site is also really good.

May I simply say what a relief to find somebody who actually knows what they’re talking about over the internet. You certainly know how to bring an issue to light and make it important. More and more people have to check this out and understand this side of the story. I can’t believe you are not more popular because you definitely have the gift.

Oh my goodness! Amazing article dude! Thanks, However I am encountering difficulties with your RSS. I don’t know why I cannot join it. Is there anybody getting the same RSS problems? Anybody who knows the answer can you kindly respond? Thanx!!

After I initially commented I appear to have clicked the -Notify me when new comments are added- checkbox and from now on each time a comment is added I recieve 4 emails with the exact same comment. Perhaps there is a means you are able to remove me from that service? Appreciate it!

It’s hard to find educated people about this subject, but you sound like you know what you’re talking about! Thanks

The very next time I read a blog, I hope that it does not disappoint me just as much as this particular one. After all, Yes, it was my choice to read, nonetheless I really believed you would have something helpful to say. All I hear is a bunch of complaining about something you can fix if you weren’t too busy looking for attention.

Hello, There’s no doubt that your web site could be having internet browser compatibility issues. Whenever I look at your blog in Safari, it looks fine however, if opening in I.E., it’s got some overlapping issues. I just wanted to give you a quick heads up! Besides that, great blog!

Aw, this was a very nice post. Taking a few minutes and actual effort to make a superb article… but what can I say… I procrastinate a whole lot and don’t seem to get nearly anything done.

Oh my goodness! Incredible article dude! Thank you so much, However I am having troubles with your RSS. I don’t understand the reason why I cannot subscribe to it. Is there anybody else getting identical RSS problems? Anyone who knows the solution will you kindly respond? Thanx!!

I would like to thank you for the efforts you have put in writing this site. I’m hoping to view the same high-grade blog posts by you later on as well. In truth, your creative writing abilities has encouraged me to get my own website now 😉

You’ve made some decent points there. I checked on the internet to find out more about the issue and found most individuals will go along with your views on this web site.

I’m amazed, I have to admit. Rarely do I come across a blog that’s both equally educative and engaging, and without a doubt, you have hit the nail on the head. The issue is an issue that too few men and women are speaking intelligently about. I am very happy that I stumbled across this in my search for something concerning this.

An impressive share! I have just forwarded this onto a colleague who was doing a little homework on this. And he in fact ordered me dinner due to the fact that I stumbled upon it for him… lol. So let me reword this…. Thanks for the meal!! But yeah, thanx for spending some time to talk about this subject here on your internet site.

This is a very good tip particularly to those fresh to the blogosphere. Short but very precise info… Many thanks for sharing this one. A must read article!

Howdy! This blog post could not be written any better! Reading through this article reminds me of my previous roommate! He constantly kept talking about this. I’ll forward this information to him. Pretty sure he’s going to have a very good read. Many thanks for sharing!

You have made some decent points there. I checked on the internet for more information about the issue and found most people will go along with your views on this website.

Having read this I thought it was rather enlightening. I appreciate you spending some time and effort to put this content together. I once again find myself personally spending way too much time both reading and posting comments. But so what, it was still worth it!

I really love your site.. Excellent colors & theme. Did you make this amazing site yourself? Please reply back as I’m trying to create my very own website and would love to find out where you got this from or what the theme is called. Many thanks!

You’re so interesting! I don’t suppose I have read through a single thing like this before. So great to find another person with some genuine thoughts on this issue. Really.. thanks for starting this up. This web site is something that is needed on the internet, someone with a little originality!

A motivating discussion is worth comment. I believe that you need to publish more about this subject, it might not be a taboo subject but typically people don’t talk about such subjects. To the next! Many thanks!!

You’ve made some really good points there. I checked on the net for more information about the issue and found most people will go along with your views on this site.

Everything is very open with a really clear clarification of the challenges. It was definitely informative. Your website is very helpful. Many thanks for sharing!

This is a good tip especially to those new to the blogosphere. Short but very precise info… Thank you for sharing this one. A must read post!

Hi, I do think this is a great blog. I stumbledupon it 😉 I may revisit once again since I book-marked it. Money and freedom is the best way to change, may you be rich and continue to help others.

Hi there! This article couldn’t be written much better! Reading through this post reminds me of my previous roommate! He always kept preaching about this. I most certainly will forward this information to him. Fairly certain he’ll have a very good read. Thank you for sharing!

Howdy! I simply want to give you a huge thumbs up for your excellent info you have right here on this post. I’ll be coming back to your blog for more soon.

Hi, I believe your website could be having web browser compatibility issues. When I take a look at your website in Safari, it looks fine however, if opening in IE, it has some overlapping issues. I simply wanted to provide you with a quick heads up! Aside from that, great website!

It’s difficult to find knowledgeable people about this subject, however, you sound like you know what you’re talking about! Thanks

You have made some decent points there. I looked on the internet for additional information about the issue and found most people will go along with your views on this website.

After looking over a handful of the blog articles on your web page, I seriously like your way of blogging. I added it to my bookmark website list and will be checking back in the near future. Please check out my website as well and tell me what you think.

Hey there! I just would like to give you a huge thumbs up for your great info you have got right here on this post. I’ll be coming back to your website for more soon.

I’m more than happy to uncover this great site. I need to to thank you for ones time for this particularly fantastic read!! I definitely savored every part of it and i also have you book-marked to look at new stuff in your website.

Everything is very open with a precise explanation of the challenges. It was definitely informative. Your website is useful. Many thanks for sharing!

Your style is unique in comparison to other people I’ve read stuff from. Thank you for posting when you’ve got the opportunity, Guess I’ll just bookmark this site.

Spot on with this write-up, I actually believe this website needs a lot more attention. I’ll probably be returning to read through more, thanks for the info!

An impressive share! I have just forwarded this onto a co-worker who had been doing a little research on this. And he in fact bought me dinner simply because I found it for him… lol. So let me reword this…. Thanks for the meal!! But yeah, thanx for spending the time to discuss this subject here on your site.

Having read this I thought it was rather informative. I appreciate you spending some time and effort to put this information together. I once again find myself spending a lot of time both reading and posting comments. But so what, it was still worthwhile!

Your style is very unique in comparison to other people I have read stuff from. Many thanks for posting when you’ve got the opportunity, Guess I will just book mark this blog.

Комментирования закрыты.