Some banks have started to apply a simplified procedure of debt collection from natural persons. For this they make a contract clause stating that the debt may be recovered in court by the Executive notary
Seven of the ten largest in terms of loans to individuals of banks surveyed by “Commersant” have already started or going to start to amend the credit agreement the possibility to recover the overdue loans without a trial on the basis of Executive notary, the newspaper said.
According to the survey, Raiffeisen Bank, HKF-Bank and “Russian standard” include this paragraph in treaties with October, Sberbank, VTB, VTB24, ROSBANK and plan to start doing it from January 2017. In Gazprombank, Rosselkhozbank and Alfa Bank on the request to “Kommersant” has not replied.
The new mechanism increases the speed of recovery of Bank debt, however, borrowers can be a problem, the newspaper said. Human rights activists quoted by “Kommersant”, indicate that borrowers “will not be able to enter into negotiations to defend their rights”.
The new rule also poses a threat to the collection business, the newspaper writes. As noted by professional debt claimants, the new law may result in even greater reduction of the market.
The possibility to apply a simplified procedure of debt collection from individuals, banks legally received in the summer of 2016. On 22 June the state Duma adopted a bill according to which the basis for debt collection became the Executive inscription of the notary on the loan agreement. According to the law, the presence in the loan agreement of the relevant item banks after receiving Executive notary will be able to immediately contact the bailiffs to recover the debt without going through the courts.
As explained RBC is one of the sponsors of the bill, the Chairman of the Duma Committee on property Sergey Gavrilov, one of the goals of the initiative was to unload ships engaged in the matters of debt collection.