Ряды криминальных коллекторов покидают только мелкие хулиганы

Ряды криминальных коллекторов покидают только мелкие хулиганы

Фото:
Светлана Привалова /

Коммерсантъ

За 2016 год число жалоб на взыскателей долгов выросло на 37%, превысив 4 тыс. Доля действий с криминальной составляющей при этом снизилась почти вдвое. Однако о решении проблемы речь не идет: прекращена деятельность мелких хулиганов, но не серьезных группировок — называть их вслух опасаются даже коллеги.

О росте числа жалоб на коллекторов свидетельствует итоговая годовая статистика Национальной ассоциации профессиональных коллекторских агентств (НАПКА, объединяет коллекторов, обрабатывающих более 90% объемов задолженности на рынке аутсорсинга). По данным ассоциации, в 2016 году к ним поступило около 4,1 тыс. обращений граждан, что почти на 37% больше, чем в 2015 году. Более 75% обращений были успешно урегулированы. В НАПКА уверяют, что рост числа обращений связан «не с количеством нарушений, а с общественным резонансом темы коллекторской деятельности». Наибольшее количество жалоб пришлось на март, когда законопроект о коллекторах (230-ФЗ) был внесен в Госдуму, июль, месяц принятия закона, и перед вступлением закона в силу (ноябрь—декабрь).

В то же время количество обращений, относящихся к категории тяжелых жалоб (с криминальной составляющей: на грубое общение, угрозы жизни и здоровью, порчу имущества и т. д.), снизилось с 31% до 17% и составило около 700 штук. Из них 11% — это подтвержденные факты нарушений, в 6% случаев нарушений выявлено не было, но заемщик настаивал на их наличии (категория «психологический дискомфорт»). Около 200 обращений были переданы в Генпрокуратуру и ЦБ. По словам гендиректора НАПКА Бориса Воронина, в прокуратуру в 2016 году ассоциация обращалась один раз в три-четыре месяца, прилагая 20-25 жалоб, обращения пересылались либо в МВД, либо в местную прокуратуру.

«Но чаще всего мы получаем отписку о том, что организация не найдена»,— утверждает господин Воронин. От ЦБ помощи ждать и вовсе не приходится. «В Банк России мы написали не менее трех писем, к каждому было приложено по 15-20 обращений,— отмечает он.— Ни в одном случае ответа не получили».

Серьезных хулиганов, на которых поступают жалобы, единицы, но избавиться от них не удается, указывают в НАПКА. «Если у компании, которая позволяет себе некорректное поведение, хорошие связи, мы получаем в ответ на обращения отписку о том, что эта организация лишь выдает займы, но не занимается взысканием,— поясняет Борис Воронин.— Хотя это нереальная ситуация. Крупных хулиганов, на которых регулярно жаловались за год (60% жалоб), всего два «куста»: МФО и коллекторские агентства при них». Названий эксперт не раскрывает, зато уточняет, что эти организации ведут «прицельное запугивание» — есть шаблоны в информационных системах с матом и угрозами, куда просто подставляют ФИО должника, это принципиальное ведение бизнеса. «Если эти два «куста» ликвидировать, то на 80% борьба за чистоту на коллекторском рынке будет выиграна»,— заключает он. Борис Воронин надеется, что ситуация может измениться в этом году с появлением у коллекторов нового регулятора — Федеральной службы судебных приставов (ФССП), которая уже приступила к надзору за рынком (см. «Ъ» от 7 февраля).

Правозащитники тоже надеются на ФССП. «Угроза исключения из реестра ФССП заставит крупные агентства обращать более пристальное внимание на работу своих сотрудников. Мнение, что основные игроки всегда работают в рамках правового поля, ошибочно, у них тоже были административные дела, просто PR-службы делают все, чтобы это не было доведено до внимания общественности»,— отмечает глава Международной конфедерации обществ потребителей Дмитрий Янин. Впрочем, в полное искоренение хулиганов правозащитники не верят. «Конечно, ждать сокращения тяжелых жалоб до нуля не нужно,— говорит руководитель банковской секции общероссийской организации потребителей «Финпотребсоюз» Михаил Беляев.— Там, где есть деньги, всегда есть преступления».

Сами коллекторы отмечают, что принятие закона и введение надзора со стороны ФССП уже дают результаты. По словам президента группы ФАСП Александра Морозова, в преддверии принятия закона агентства начали «приличнее себя вести», понимая, что в скором времени регулятор будет применять к ним серьезные меры воздействия. Член совета директоров «Секвойя кредит консолидейшн» Елена Докучаева уверена, что ФССП может заставить взыскателей, применяющих слишком жесткие меры, работать в соответствии с нормами закона.

Источник: kommersant.ru

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