The Court confirmed the legality of the reservoir

Assignment banks bad debt collectors law, but without the consent of the borrower, according to the Supreme Arbitration Court. This should put an end to the war against Rospotrebnadzor collectors, hoping the market participants. Wrote on Friday, 6 May, the newspaper Vedomosti. As the newspaper notes, in a review of judicial practice tribunal, referring to Art. 382 of the Civil Code, recognizes that the assignment of the bank to any third party's rights of claim under a credit agreement with individual borrowers, "not against the law" and "does not require the consent of the borrower." Practically, this means that banks have the right to pass on outsourcing and selling collectors bad debts of their retail borrowers. In 2010, banks sold and handed over to debt collectors for 140 billion rubles. from about 3.5 million rubles. retail borrowers (score collection agency Sequoia Credit Consolidation "). Not left behind and state banks: VTB 24 in 2010 sold them to a portfolio of retail loans to 6 billion rubles. This year is going to still at least 5 billion rubles. Savings regularly announces tender for collectors to work with distressed borrowers. Against such practices objected Rospotrebnadzor. When selling a loan collector borrower loses the ability to protect their consumer rights, as with the bank - the service provider his relationship terminated, and the collector is not a service provider of the loan, according to the department. "The bank sends a collector - non-credit institutions personal information about a client, his duty, which in addition to payments on the loan includes penalties that are not always transparent, and properly assessed and, as experience shows, can be challenged in court" - gives the example of the head of the protection of human Consumer Rospotrebnadzor Oleg Prusakov. Also Rospotrebnadzor believes that since the identity of the lender to the borrower was a significant difference when he took the credit, then sell it the debt can also only with his consent. In 2009, the Federal Service has fined the Bank "Soyuz", since he has included in the loan agreement a condition of the possibility of assignment of individual borrowers debt collector, without asking for consent of the debtor. The Bank went to court and lost, but the second and third court acknowledged the correctness of the credit institution. Thanks to the active Rospotrebnadzor in recent years, Russia has started to form the jurisprudence on this issue, but a common position at the courts do not, so you had to examine the legality of this provision and render its decision, said board partner Yakovlev and Partners "Igor Dubov. "While the EAC has published a draft - the decision is still pending, Rospotrebnadzor will defend its position", - said Prusakov. "YOU put a point on the legality of assignment of debt collection agencies" - quite deputy director of Sequoia Credit Consolidation Irina Poddubnaya. Note that the EAC will consider approving the draft review in mid-May 2011. Arbitrator was not legally obliged to follow the recommendations of the review, but in practice are guided by them.