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FAQ

What to do, if you have received a letter from us?

1. If you received a letter from us, and if you have any questions, please, contact our specialist using the phone number indicated in the letter.

2. During conversation with a debt collection specialist, name the case id, specified in the upper left corner of the letter. Our specialist will check your file, and will be able to answer to your questions, inform you about the indebtedness and settlement options.

3. If you are not a debtor, but you are his/her acquaintance, please, give him/her our contacts or forward our email. Thus, you may help him/her to solve his/her debt problem and avoid legal consequences following the default on debt.

4. In case if you are not familiar with the debtor, and you received our email by mistake, please, inform us thereof and give your contacts in order to avoid further notifications.

5. After you repay the debt, please, contact our specialist by phone number specified in the letter and report the payment details.

A debtor passed away. Who should be accountable for his/her debt?

Death of a debtor does not cause discontinuation of obligations under an agreement; an inheritor, who accepted the inheritance, becomes the debtor and bears the responsibility to perform obligations, starting from the day of inheritance. According to the Civil Code of the Russian Federation, the inheritance date is the day when a citizen passed away. An inheritor inherits property obligations, including debt obligations limited to the total cost of inherited property.

There are two ways of accepting inheritance:

1. By filing an application at the place of opening of inheritance to a notary or to a representative authorized, by law to issue certificates of inheritance rights, inheritance acceptance statements, or applications for issuance of certificates of inheritance rights.

2. By actions, providing evidence of actual inheritance acceptance: performing actions to secure the inherited property, protection from offenses and claims of third parties; maintenance of inherited property at own expense; covering debt of a debtor at own expense or receiving money owed to a debtor from third parties.

In both cases, the total period of inheritance accepting equals to six months since the day of its opening.

A guarantor cannot refer to limited liability of inheritors in relation to creditor, also cannot demand to reduce his/her liability under the guarantee agreement, in proportion to the cost of an inherited property.

I took a loan in a different bank (company). Why do I get calls from LLC M.B.A. Finance?

LLC M.B.A. Finance – is a credit management company (an entity, performing actions on overdue debt recovery, as its main activity; it is listed in the state register, in accordance with the Federal Law №230-FZ, as of 03.07.2016). In accordance with the current legislation and agreements, concluded by credit and other organizations, LLC “M.B.A. Finance” performs lawful and just actions aimed at overdue debt recovery, based on an agreement of any kind of the listed below in accordance with the Federal Law of July 3, 2016 No. 230-FZ “About protection of the rights and legitimate interests of physical persons when implementing activities for return of overdue debt and about introduction of amendments to the Federal law “About Microfinancial Activities and the Microfinancial Organizations”:

1. Cession agreement – article 382 – article 390 of the Civil Code of the RF;

2. Agency agreement – article 1005 of the Civil Code of the RF.

Indebtedness occurs as a result of nonperformance or underperformance of obligations under an agreement.

By a cession agreement (assignment of claim rights), a Cessionary (i.e. M.B.A. Finance) receives claim rights for Your debt to Cedent (Creditor) in amount and under conditions that existed at the moment of the claim rights’ transfer.

In particular, M.B.A. Finance receives rights, providing execution of overdue obligations, and other rights connected to the Claim rights, including unpaid interest. Cessionary (M.B.A. Finance) is not a third party to You. Currently, M.B.A. Finance is the creditor. It can execute claim rights from on its own behalf and at its own expense in the same way, as the first creditor.

Debtor’s consent is not needed for the creditor rights to be transferred to a third party. The rights, enforcing obligation are transferred to the assignee together with other rights connected to the claim rights, including claim rights for interest (art. 384 of the Civil Code of the Russian Federation).

In accordance to the art. 12 of Federal Law of December 21, 2013, No. 353 – FZ “About consumer loan (loan)”, Creditor is entitled to transfer (claim) rights to third parties, unless otherwise provided by the agreement, containing a prohibition of cession, confirmed at its signing. At the same time, Debtor saves all rights provided by the initial creditor towards a new creditor, in accordance with federal laws.

Agency agreement — a kind of service level agreement, whereas one party, Agent (M.B.A. Finance) undertakes to perform legal and other actions aimed at debt recovery for a fee, under the instruction of another party, Principal (for example, a bank). M.B.A. Finance performs debt recovery services strictly in the frames of Federal Law of July 3, 2016 No. 230-FZ.

Under the conditions stipulated in agreements between M.B.A. Finance and its clients (banks, telecom companies and others), and also in accordance with the current legislation, the company informs debtors about needed payment of overdue debt by the means of:

  • sending written notifications by post,
  • telephone calls,
  • SМS,
  • Auto informatory,
  • Personal meetings.

In the credit agreement, there is no condition about transfer/cession/sale of a debt to a third party. Is the sale of my debt to a collection agency and following claim of repayment just without my consent? Is it even possible for a bank to sell a debt to a collection agency (nonbanking institution)?

Yes, such actions are just. In accordance with the article 12 of Federal Law of December 21, 2013, No. 353 – FZ “About consumer loan (loan)”, Creditor is entitled to transfer (claim) rights to third parties, unless otherwise provided by the agreement, containing a prohibition of cession, confirmed at its signing. At the same time, Debtor saves all rights provided by the initial creditos towards a new creditor, in accordance with federal laws. The condition about possibility of cession should be included into the loan agreement. M.B.A. Finance performs debt recovery following instructions of banks under a signed agency agreement. Agency agreement – a kind of service level agreement, whereas one party, Agent (M.B.A. Finance) undertakes to perform legal and other actions aimed at debt recovery for a fee, under the instruction of another party, Principal (for example, a bank). M.B.A. Finance performs debt recovery services strictly in the frames of Federal Law of July 3, 2016 No. 230-FZ:

1. Personal meetings, telephone calls (direct interaction);

2. Mailing to the place of residence of a debtor or a person who acted as a guarantor for consumer loan, telegraph messages, text messages, voice and other messages transmitted by telecommunication networks, including mobile radiotelephony.

After divorce, who has to repay a loan?

The article 34 of the Family Code of the Russian Federation secures the presumption of commonality of all property acquired by the spouses during the marriage of the property. However, this presumption does not apply to debts. The key element is the question, what was the purpose of one of the spouses, to sign the loan agreement, and if the amount credited was used for the family needs. Taking into account that the spouse, who is a debtor claims about debt separation, in accordance with the paragraph 1 of article 56 of the Civil Procedure Code of the Russian Federation, he/she is obliged to prove that the loan received under the obligation was used for the family needs and that the disputable debt is common.

I want to repay the principal amount of a debt, but my payments are assigned to repay interest. Why is it so?

In accordance with the article 20 of Federal Law of December 21, 2013, No. 353 – FZ “About consumer loan (loan)” December 21, 2013, the order of repayment of liability under the consumer loan agreement is stated as follows:

  1. Overdue interest;
  2. Overdue principal;
  3. Penalty (fine) in amount specified in accordance with the paragraph 21 of the current article;
  4. Interest of the current period;
  5. Principal amount of the current period;
  6. Other payments specified by the legislation of the Russian Federation about consumer loans, or under a consumer loan.

Why no one has duly informed me about debt emergence?

All information regarding indebtedness is received from, for example, a bank. Debtor should personally control his/her relations with Creditor.

Is it rightful that debt amount is increased by collection agencies?

This question refers to an opportunity of claiming losses of a principal by an agent. In accordance with the article 12 of the Civil Code of the Russian Federation, civil rights’ protection is executed by claiming for damage and loss repayment, in particular. The losses are:

  • Costs, bared by a person, whose rights are violated, which need to be paid in order to restore the right;
  • Loss or damage of property (real damage);
  • Unearned revenues that a person would earn under general conditions, unless his/her right is violated.

Creditor may collect a debt from a debtor within its own means or outsource it to a third party. According to the paragraph 1 article 1005 of the Civil Code of the Russian Federation, one party (agency) undertakes to perform legal and other actions aimed at debt recovery for a fee, under the instruction of another party, Principal, at on its own behalf, at the expense of the Principal or on behalf and at the expense of the Principal.

M.B.A. Finance performs actions on overdue debt recovery framed by an agency agreement. According to the agreement, M.B.A. Finance as an agent is accountable for performing collection activities towards Clients’ debtors, who are not performing or underperforming their duties towards the former under the contracts.

According to the article 1011 of the Civil Code of the Russian Federation, the rules applying to relations under an agency agreement, are regulated by the article 49 (“Instruction”) or by the article 51 (“Commission”) of the current Code. It depends on which behalf does an agent work: on behalf of the Principal or on its own behalf, if the conditions do not contradict the agency agreement.

Hence, the article 49 of the Civil Code of the Russian Federation applies to the legal relationship between LLC M.B.A. Finance and a Client.

In accordance with the paragraph 2 of the article 975 of the Civil Code of the Russian Federation, the Principal should recover the cost to the Agent, unless otherwise provided by the contract. Creditor is entitled to claim payment form a debtor:

  1. of a principal debt amount,
  2. of penalties provided by the agreement in case of overdue liability performance,
  3. of losses bared by the Creditor in case of nonperformance of liabilities by the debtor.

Since the article 15 of the Civil Code of the Russian Federation describes costs of Creditor for restoration of a violated right as losses, there is a legal basis to demand indemnification for costs bared or potentially bared in future from the debtor along with the demand of the principal debt repayment.
Such recovery cost can be made up of the commission amount, and also of the collection activity cost bared by the agent, subject of compensation to agent by the principal. The current legislation of the Russian Federation does not forbid an agent to demand for compensation for a creditor under instruction of the latter. Therefore, the agency agreement between the two named parties does not violate the current legislation.

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