MOSCOW, 28 APR – RIA Novosti. A group of deputies from “Fair Russia”, headed by faction leader Sergei Mironov in the state Duma introduced a package of two bills allowing the assignment of rights in mortgage and consumer loans and microloans only between the banks and only with the written consent of the borrower, from the database of the lower house of Parliament.
the First bill amends the Civil code and the second related amendments to the laws “On mortgage (pledge of real estate)”, “On consumer credit (loan)” and “On banks and banking activities”. These changes will “contribute to the protection of the rights of citizens-debtors by establishing a clear legal regulation of this sphere and the displacement of the collector market, leading to unfair efforts to collect debts from citizens”, according to the authors of the legislative initiative.
SRS drew attention to the presence, in their opinion, the problems are non-contractual and often illegal actions of third parties dealing with debt collection (i.e., collectors). “In conditions of economic crisis, increasing unemployment, declining real disposable incomes of the population this problem becomes particularly acute,” they say.
Therefore, the bill proposes to prohibit the assignment of rights (claims) to third parties under the contract of consumer credit (loan) agreement of a microloan or agreement on mortgage (pledge of real property) to any third party, which are concluded with citizens for purposes not related to their business activities.
an Exception is provided only for the assignment of rights (claims) of one credit institution to another only with the consent of the debtor, expressed in written form. “Thus, the assignment agreement may be concluded only between credit institutions and with the written consent of the debtor”, – underline the authors of the document.
at the same time amends the procedure for recovery of arrears on the basis of the Agency contract. In particular, it envisages the consolidation of the contract concluded with the purpose of repayment of debt on the contract consumer, mortgage loan or secured a mortgage commitment. In these cases, according to the legislative initiative, the agent can act only the Bank, and actions to the repayment of indebtedness, can only be committed on behalf and for the account of the original creditor.
